HomeMy WebLinkAboutSUB201000129 Legacy Document 2010-12-21TO:
PR
Development Document Review
County Attorney's Office
"BER: OJECT J`^ U 2 Par K Pe--
You have requested that our office review the attached development document identified below:
Drainage easement
Shared parking agreement /easement
Open space /greenway easement
Dedication of right -of -way
Other:
The document is:
V! `
is approved
is not approved because: I
: Signatures or acknowledgement need to be redone (see comment below)
Legal description needs to be revised (see comment below)
Other (see comment below)
Comment:
If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a
party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance
on behalf of the County are provided. If the document did not include the applicants' signatures, a final version
of the document with the required signatures may now be submitted.
Date:
Gr�g in r
De ou A orney
� OF ALg
J
�'IRGINZP�
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
Date: December 13, 2010
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB2010 -129- Fortune Park Rd Extension; SP2004 -054 and 058
Date Submitted: 12/9/10
Dear Mr. Kamptner:
The applicant has submitted revisions to the deed of dedication for the right of way for Fortune
Park Rd. This dedication was required as part of the conditions of approval for the above SP's. I
have included your previous comments and plat for reference. At your earliest convenience,
please review the attached deeds for your approval and signatures. Should you have any
questions or comments please feel free to contact me.
Sincerely,
Megan Yaniglos
Ext 3004
COUNTY OF ALBEMARLE
D? nn Fr:' PLI .
DEC 13 2010
ATTORNEY'S OFFICE
Prepared by and return to:
Payne & Hodous, L.L.P.
414 E. Jefferson Street
Charlottesville, VA 22902
Tax Map: 046B4- 00- 00- OO1CO;
03200- 00- 00 -042HO
This deed is exempt from taxation under Virginia Code Section 58.1- 811(A)(3).
THIS DEED OF DEDICATION is made and entered into as of the 8th day of November,
2010, by and between GANAPATI, LLC, a Virginia limited liability company, whose address
is 1435 Parkside Place, Earlysville, Virginia 22936, party of the first part, hereinafter referred to
as the Grantor; the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth
of Virginia, whose address is 401 McIntire Road, Charlottesville, Virginia 22902, party of the
second part, hereinafter referred to as the Grantee; CHARLES V. DARNELL, TRUSTEE,
hereinafter referred to as Trustee (to be indexed as a Grantor); and OLD DOMMON
NATIONAL BANK, hereinafter referred to as Beneficiary (to be indexed as a Grantor);
WITNESSETH:
WHEREAS, on March 14, 2005, the Albemarle County Board of Supervisors approved
two special use permits for certain uses to be conducted on a parcel of land owned by Grantor in
Albemarle County, Virginia, designated as Lot W, containing 2.003 acres, more or less, as
shown on a plat by Roudabush, Gale & Associates, a professional corporation, dated October 24,
1996, last revised April 15, 2003, recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 2464, pages 27 and 28; and
WHEREAS, in accordance with the terms of the Albemarle County Zoning Ordinance
and the conditions of approval of said special use permits, Grantor is required and hereby offers
to dedicate the real property located in Albemarle County, Virginia, described below (the
"Property ") to public use.for a public street or highway;
WHEREAS, Grantor is the owner in fee simple of the Properly;
1
WHEREAS, Grantee is willing to accept Grantor's offer of dedication;
NOW THEREFORE, for and in consideration of the premises, Grantor does hereby
GRANT, CONVEY and DEDICATE FOR PUBLIC USE to Grantee for a public street or
highway the following described property, to wit (the "Property"):
Parcel One: All that certain parcel of land shown as "T.M.P. 46B4 -1C Parcel "Y"
D. B. 2948 Pg. 712 0.256 Acres Access Easement To Be Dedicated for Public
Use" on a plat by Residential Surveying Services, dated October 6, 2010, entitled
"Plat Showing Dedication for Public Use Located On T.M.P. 46B4 -IC and
T.M.P. 32 -42H, Rivanna District, Albemarle County, Virginia ", a copy of which
is attached hereto and recorded herewith (the "Plat "); being the same property
conveyed to Ganapati, LLC, a Virginia limited liability company' by deed from
Forest Lakes Associates, dated March 25, 2005, and recorded in the. Clerk's
Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2948,
page 712; and
Parcel Two: All that certain area of land, containing 0.197 acres, more or less,
shown as "Access Area to be Dedicated for Public Use" on the Plat; being a
portion of the property conveyed to Ganapati, LLC, a Virginia limited liability
company, by deed from Paul H. Wood, as successor trustee of the Holly
Memorial Land Trust, dated March 17, 2005, and recorded in said Clerk's Office
in Deed Book 2948, page 709.
Grantor hereby retains for its benefit and for the benefit of its successors in title a
permanent, non - exclusive, unrestricted and unlimited easement of right of way over and across
the land hereby conveyed for ingress and egress to the aforesaid Lot W.
The Property is conveyed to Grantor to have and to hold in fee simple for so long as it is
used as a public street or highway.
This conveyance is expressly made subject to, any and all easements, conditions,
restrictions and reservations contained in duly recorded deeds, plats and other instruments
constituting constructive notice in the chain of title to the Property which have not expired by a
time limitation contained therein or otherwise become ineffective.
2
Beneficiary is the holder of a note secured by a deed of trust conveying said Lot W and
Parcel Y to Charles V. Darnell and/or David Franzen, as trustees, dated November 30, 2007,
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book
3521, page 706 (the "Deed of Trust "). Beneficiary hereby consents to the dedication contained
herein and directs Trustee to join in this instrument to release the Property from the lien of the
Deed of Trust. Trustee joins herein at the direction of Beneficiary to RELEASE the Property
fiom the lien of the Deed of Trust.
Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the
conveyance of this property pursuant to Virginia Code Section 15,2 -1803, as evidenced by the
County Executive's signature hereto and the recordation of this Deed.
AWiTNESS the following duly authorized signatures and seals.
[Signature pages follow.]
3
GANAPATI, LLC
By: (SEAL)
Siddharath C. Tripathi
Manager
COMMONWEALTH OF VIRGINIA
CITY(COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this day of ,
2010, by Siddharath C. Tripathi, Manager of Ganapati, LLC, a Virginia limited liability
company, on its behalf.
My commission expires:
Notary registration number:
Notary Public
4
COUNTY OF ALBEMARLE, VIRGINIA
By: (SEAL)
Printed Name:
Title: County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this day of ,
2010, by , County Executive of the County of Albemarle, Virginia,
on its behalf.
Notary Public
My commission expires:
Notary registration number:
APPROVED AS TO FORM:
Albemarle County Attorney
(SEAL)
CHARLES V. DARNELL, TRUSTEE
OLD DOMINION NATIONAL BANK.
By: (SEAL)
Printed name and title:
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF , to wit:
The foregoing :instrument was acknowledged before me this day of
2010, by Charles V. Darnell, Trustee.
Notary Public
My commission expires:
Notary registration number:
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this day of ,
2010, by (title) of Old Dominion National
Bank, on its behalf.
Notary Public
My commission expires:
Notary registration number: