HomeMy WebLinkAboutSUB201300188 Review Comments Signature Copy 2015-01-14Review Comments
UB201300188
Project Name: oudstooth - Final
Date Completed: Nednesday, January 14, 2015 Final Plat
Reviewer: ,Megan YanlcglGs
Department 'Division ?Agency: Planning u
Reviews Comments:
Review Status: I ,administrative Approval 7
Page: County of Albemarle Printed On: O 14M15
Review Comments
SUB201300188
Project Name: oudatooth Final
Date Completed: [huredmy. March 27. 2014
Final Plat
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Reviewer: ' MeganYan|g|oa
Dmpmrtnnmnt/D|v|a|onlAgmncy: Planning
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Reviews Comments:
Review S��m | | |
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TO:
PR(
Community Development Document Review
County Attorney's Office
r• • •
You have requested that our office review the attached development document identified below:
�rainage easement
Shared parking agreement /easement
Open space /greenway easement
Dedication of right -of -way
Parcel determination
Other:
The document:
is approved
is approved with minor edits as noted on the attached Pk)�t lI.Q,av A r J /ynGv-I-tLr-t
is not approved because:
: 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:
GrVto it e
De y Attorney
0F ALB�A
o� I
�'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: February 21, 2014
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB 201300188 Houndstooth — Final Plat
Date Submitted: Deed of Easement
Dear Mr. Kamptner:
COUNTY OF ALBEMARLE
FEB Z 1 2014
U
ATTORNEY'S OFFICE
The applicant has prepared and submitted a Deed of Easement for the above named project. At your
earliest convenience, please review this document and the attached plat. Should you have any
questions or commonts please feel free to contact me.
Sincerely,
Megan Yaniglos
Senior Planner
rat 07
This document was pl'epared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number 04300 -00 -00 -03800
This deed is exempt from taxation under Virginia Code § 58.1- 811(A)(3).
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this _ day of January, 2014 by and between
Joseph Homes, LLC, a Virginia /mited ability o pan , Grantor, and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain real property (hereinafter the
"Property ") located in Albemarle County, Virginia, more particularly described as follows:
That certain real property shown and designated as "PERMANENT DRAINAGE
EASEMENT" to be dedicated to public use, shown on the plat of Roger W. Ray &
Assoc., Inc dated December 3, 2013, entitled "SUBDIVISION PLAT LOTS 1
THROUGH 5 HOUNDSTOOTH LOCATED ON STATE ROUTE 601 JACK JOUETT
MAGISTERIAL DISTRICT. ALBEMARLE COUNTY, VIRGINIA ", a copy of which is
attached hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat ").
Reference, is made to the Plat for a more particular description of the easement conveyed
herein.
WHEREAS; the Property is described further as a portion of that certain lot or parcel of
land situated in the Jack Jouett Magisterial District of the County of Albemarle, Virginia,
designated as Lot 1 of Houndstooth Subdivision on a plat by Roger W. Ray & Assoc., Inc. dated
December 3,2013 and recorded in the Clerk's Office of the Circuit Court of Albemarle County,
L- S�QCe
Virginia in Deed ook , Page , also being the same property conveyed to the Grantor
by deed of Roberta W. King, et. al. dated January 24, 2014, recorded in said Clerk's Office in
Deed Book i �?5, Page
—L;
Draft: 11/13/07
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the
Easement for public use in accordance with this Deed of Easement; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all.
rights, title and interest in all existing stormwater management facilities, ditches, pipes and other
improvements and appurtenances within the Easement established for the purpose of conveying
stormwater (hereinafter collectively referred to as the "Improvements," whether referring to
existing Improvements or those to be established in the future by the Grantee), excluding
building connection lines.
NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in
hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its
successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to
herein as the Easement.
FURTHER, pursuant to the consideration described herein, the Grantor does hereby
GRANT, CONVEY, and DEDICATE to public use the Improvements.
The Easement shall be subject to the following:
1. Right to'construct reconstruct install maintain repair, change, alter and replace the
Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain,
repair, change, alter, and replace present or future Improvements (hereinafter referred to as
"inspecting, maimaining and operating" or derivations thereof) for the purposes of collecting
storm water and transmitting it through and across the Subdivision, protecting property from
flooding, protecting water quality, and otherwise controlling stormwater runoff.
2
Draft: 11/13/07
2. Ownership of the Improvements. All Improvements within the Easement, whether they
were installed by the Grantee or any predecessor in interest, shall be and remain the property
of the Grantee.
3. Right of ingress and egress. The Grantee shall have the right and easement of ingress
and egress over any lands of the Grantor adjacent to the Easement between any public or private
roads and the Easement, to inspect, maintain and operate the Improvements.
4. Right to inspect maintain and operate the Improvements. The Grantee may enter the
Easement to inspect, maintain and operate the Improvements.
Right of Grantee to disturb and maintain the Easement premises. The Grantee shall
have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove
fences, structures or other obstructions, and take other similar action reasonably necessary to
provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its
own expense, shall restore as nearly as possible, the premises to their original condition. This
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the
reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and
other facilities located outside of the Easement that were damaged or destroyed by the Grantee.
However, the Grantee shall not be required to repair or replace any structures, trees, or other
facilities located within the Easement, but be required only to repair or replace groundcover
within the Easement that was disturbed, damaged or removed as a result of installing or
maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement
all trash and other debris resulting from the installation, maintenance or operation of an
Improvement, and, shall restore the surface thereof to its original condition as nearly as
reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair
3
Draft: 11/13/07
or replace anything identified in this paragraph if to do so would be inconsistent with the proper
maintenance or operation of the Improvements. In addition, neither the Grantee nor any other
public agency, including the Virginia Department of Transportation, shall be responsible for
conducting routine maintenance as described in paragraph 6 except as expressly provided in this
paragraph.
6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to
perform routine maintenance of the Easement premises, including the removal of trash and
landscaping debris, mowing and manicuring lawns and groundcovers, and malting any other
aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein
conveyed, and which do not adversely affect the proper operation of any Improvement. The right
to maintain the Easement premises does not include the right to maintain the Improvements.
7. Temporary construction easement. The Grantee shall have a temporary construction
easement on the lot on which the Easement is located in order to construct, install, maintain,
repair, change, alter, or replace an Improvement. This temporary construction easement shall
expire upon completion of the work.
8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement.
Neither the Grantor nor any person acting under the Grantor's express or implied consent shall
modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within
the Easement or any Improvement located within the Easement; and further provided that such
persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall
or other structure within the Easement.
9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
4
Draft: 11/13/07
10. Binding effect. ffect. The Easement and the rights and obligations established herein shall run
with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their
successors and assigns. All references herein to the "Grantor" and the "Grantee" include their
respective successors and assigns. All references to the "Grantee," when exercising any right or
obligation herein, includes the Grantee's officers, employees and agents.
The 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 § 15.2 -1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed.
[Signatures on following pages]
5
WITNESS the following signatures.
GRANTOR:
STATE OF VIRGINIA
CITY /COUNTY OF
Draft: 11/13/07
S
L%
A. Joseph Homes, LLC
By
Alexander J. Amigoni, Manager
The foregoing instrument was acknowledged before me this day of ,
20�gby A. Joseph Homes, LLC by Alexander J. Amigoni, its Manager and Grantor.
My Commission Expires:
Registration number:
0
Notary Public
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
Draft: 11/13/07
COUNTY OF ALBEMARLE, VIRGINIA
A
T � F OW,
C E(VqY� V� -
The foregoing instrument was acknowledged before me this day of
204by Thomaseoley on behalf of the County of Albemarle,
Virginia, Grantee. IC004y trX eCv�; fe,
My Commission Expires:
Registration number:
Approved as to form:
County Attorney.
7
Notary Public
Review Comments
UB201300188
Project Name: oudstooth - Final
Date Completed: Fhursday, February 06, 2014 Final Plat
Reviewer: Michael Koslow
Department'DivisioniAgency: Engineering u
Reviews Comments:
Review Status: Pending ��
Page: County of Albemarle Printed On: O 14M15
Review Comments
SUB201300188
Project Name: oudstooth - Final
Date Completed: Nednesday, January 22, 2014 Final Plat
Reviewer: Megan Yaniglos
D e p a rtm e nt.'D ivi s i o WAg e n c,,,,: Planning
Reviews Comments:
Review Status: Requested Changes
Page: County of Albemarle Printed On: FOT1-4—M15