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HomeMy WebLinkAboutSUB201400076 Easements 2015-08-14 of ALB sati trWIEN f'IRG1 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: July 17, 2015 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project Name: SUB201400076 Northtown—Subdivision after final site plan Date Submitted: 7/9/2015 Dear Mr. Kamptner: You previously approved a Deed of Easement and Stormwater Management Maintenance agreement for the above named project(approval sheet attached).The applicant has submitted originals for County signature. Please sign sheet signature sheets and send to County Executive for signature. Thanks, 61-0 0.1.121 -) Rachel Falkenstein Senior Planner,ext.3272 This document was prepared by: Brian S.Johnson,Esq. Law Offices of Brian S. Johnson PLLC 820 East High Street, Suite A Charlottesville,Virginia 22902 Tax Map 04500-00-00-11000 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT is made this /s- day of July, 2015 by and between WENDELL W. WOOD,TRUSTEE OF FIRST GOLD LEAF LAND TRUST, as Grantor, and the COUNTY OF ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of Virginia, as Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New 20' Biofilter Access Easement" to be dedicated to public use (hereinafter, the "Easement") as shown on the plat of Lincoln Surveying, dated April 30, 2014, and last revised on January 7, 2015, entitled "Subdivision Plat Showing Parcels A, B, C and New Tax Map 45 Parcel 110 located on U.S. Route 29 Rio District, Albemarle County, Virginia," a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Plat"). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Easement is described further as a portion of the following property (the "Property"): All those certain lots or parcels of land situated in Rio Magisterial District of the County of Albemarle, Virginia, located on Route 29, being a part of Tax Map 45, Parcel 111, as shown on a Subdivision plat by Dominion Development Resources LLC, dated April 3, 2008, as recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 3577, page 651. Being a portion of the same property conveyed to Robert M. Callaghan and Lindsay R. Barnes Jr., Trustees of First Gold Leaf Land Trust. by deed from Margaret B. Pullen dated January 13, 1986 and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 865, page 165, M. Clifton McClure having been substituted as Trustee for Lindsay R. 1 Ito* viro Barnes, Jr. by instrument recorded in Deed Book 1894, page 386, and Wendell W. Wood having been substituted as Trustee for M. Clifton McClure and Robert M. Callaghan by instrument recorded in Deed Book 4269,page 275; and WHEREAS, the Grantor and the Grantee previously entered into an agreement entitled "Stormwater Management/BMP Facilities Maintenance Agreement" (hereinafter, the "Maintenance Agreement") dated March 21, 2013, as recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 4322, page 165 in which the Grantor agreed to construct and maintain certain on-site stormwater management/BMP facilities on the Property; and WHEREAS, Section 4 of the Maintenance Agreement provides in part that the Grantor gives permission to the County, including its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary and Section 5 of the Maintenance Agreement provides in part that, in the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies. 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 Dedication and Easement; and NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), 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 easement as shown on the Plat and as referred to herein as the Easement. The Easement shall be subject to the following: 1. Right of ingress and egress. The Grantee and its authorized agents and employees shall have the right and easement of ingress and egress over the Property to perform all acts to which the parties have agreed it may perform under the Maintenance Agreement. 2 2. Ownership of the Facilities. The stormwater management/BMP facilities required to be constructed and maintained by Grantor under the Maintenance Agreement shall be and remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed to be an assumption of ownership or control by the Grantee over the stormwater management/BMP facilities subject to the Maintenance Agreement. 3. No Obligation on Grantee to inspect or maintain. This Deed of Dedication and Easement shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain the stormwater management/BMP facilities subject to the Maintenance Agreement. 4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 5. Binding effect. 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. 3 WITNESS the following signatures. GRANTOR: FIRST GOLD LEAF LAND TRUST By: 4'7� 71a- Wendell W. Wood, Trustee COMMONWEALTH OF VIRGINIA • CITY/COUNTY OF The foregoing instrument was acknowledged before me this l-��day of 3-0- , 2015 by Wendell W. Wood, as the Trustee of First Gold eaf Land Trust. II cwc_LCQ f� (, y Public My Commission Expires: tk� ti �� abvi Registration number: t &a l t 4. ecA aASe N or4G\-\A- C. 4 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA J e)4240-- Thomas C. Foley County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this 4g tay of kffc.f /y 2015 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. 4601.C. . i-k_ti.04,;(41/ Notary Public My Commission Expire s<z AO(7 ` ,,u�u +u°��I�� \\\VA ' ' •"',p,/mss Registration number: cc 5 9 9 pt/gl.I C 'aF �"FF�'f✓..,,•C'' #25399•'•�C4��� Approved as to form: %,,` .?i`' .1���.�`�� C:d/ A s(- 5 David Benish From: Mark Graham Sent: Monday, July 27, 2015 8:02 AM To: Megan Yaniglos; Amelia McCulley; Glenn Brooks; Jay Schlothauer; Tex Weaver; Wayne Cilimberg Cc: David Benish Subject: RE: Next Steps for New Employee Competencies Great! Appreciate all the effort in getting this started. From: Megan Yaniglos Sent: Friday,July 24, 2015 4:03 PM To: Mark Graham <mgraham @albemarle.org>; Amelia McCulley<AMCCULLE @albemarle.org>; Glenn Brooks <GBROOKS @albemarle.org>;Jay Schlothauer<JSCHLOTH @albemarle.org>;Tex Weaver<TWeaver @albemarle.org>; Wayne Cilimberg<WCILIMB @albemarle.org> Cc: David Benish <DBENISH @albemarle.org> Subject: RE: Next Steps for New Employee Competencies FYI, the following have volunteered to serve on the team: Ellie Ray, Todd Shifflett, Scott Reuschling, Lisa Green, Elise Hackett, Francis MacCall and myself. Meetings have been set for July 3152, August 10th and August 21St. Thank you, Megan Yaniglos, APA Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Mark Graham Sent: Monday,July 20, 2015 10:57 AM To:Amelia McCulley<AMCCULLE(a7albemarle.org>; Glenn Brooks<GBROOKSPalbemarle.org>;Jay Schlothauer <JSCHLOTH@albemarle.org>;Tex Weaver<TWeaverPalbemarle.org>; Wayne Cilimberg<WCILIMBc albemarle.org> Cc: Megan Yaniglos<myaniglos@albemarle.org> Subject: FW: Next Steps for New Employee Competencies FYI, HR's plan has changed in developing guidance for the new competencies. The current plan is for each department to develop their own guidance rather than have one for all departments. As such,we're reaching into the department for ILI graduates and others to assist in developing some draft guidance that can be shared with staff. We're trying to keep this representative of functions in the department. The goal is to have the draft ready in time to discuss with staff at the August 28th staff meeting. I'd like to distribute the draft at least a week before the staff meeting so everyone can have their comments ahead of time. As this moves forward, I ask that you give participating staff as much flexibility as possible in working on the committee. If it is interfering with getting the work done, please let me know and we'll look at adjustments. 1 11.09 '44410 Thanks, Mark From: Megan Yaniglos Sent: Monday,July 20, 2015 10:33 AM To: Ellie Ray<eray @albemarle.org>; Damon Pettitt<DPETTITT @albemarle.org>;Todd Shifflett <tshifflett @albemarle.org>; Francis MacCall<FMACCALL @albemarle.org>; Lisa Green<Igreen2 @albemarle.org>; Scott Reuschling<sreuschling @albemarle.org> Cc: Derek Bedarf<dbedarf @albemarle.org>;Amanda Burbage<aburbage @albemarle.org>; Elizabeth-Latta Brother <elbrother @albemarle.org>; Mark Graham<mgraham @albemarle.org> Subject: Next Steps for New Employee Competencies Good Morning, As you all are aware new employee competencies were developed and HR is now in the process of developing training for them. However, during the process of developing the new set of competencies, the team consistently heard from employees about a number of concerns with the performance evaluation form one of which was that employees didn't know "what a 4 or 5 looked like". All departments are currently tasked with developing descriptors for "meets and often exceeds expectations" and "consistently exceeds expectations". I have been tasked with developing a team to define these expectations for our department. Most of you have been IL1 alumni, and I (and Mark) thought that you all would be a great place to start to solicit volunteers to work on this task. HR will be assisting as well. I know we are all very busy, so I will talk about time. HR has indicated that they would like these descriptors to be developed by the end of August. The goal in talking with Mark is that we would have a draft about a week prior to the departmental meeting on August 28th. This is a tight timeline, I know. I am thinking an initial meeting of about 90 minutes to take place either at the end of this week or beginning of next. After that, I would assume two additional meetings of about 60 minutes each. Below are links to the documents we are to work from, including an example of a draft that ECC has already completed. Please let me know by the end of the day Wednesday (July 22^d) if you are interested in serving on this team. If you are not interested and/or think another employee would be a good addition to the team, or if you think I have missed an important representative for our department, please let me know. I would like to keep the team to 8-10 people. A PDF of the competencies https://ia2010.albemarle.org/EmployeeResources/CEP/Shared%20Documents/Worksheets/ClassifiedEmployeeCompete ncies.pdf The blank worksheet for working through the competency-specific descriptors (4 pages) https://ia2010.albemarle.org/EmployeeResources/CEP/Shared%20Documents/Worksheets/Worksheet Competency- Specific Rating Level Guidelines.docx The blank worksheet for working through the overall rating levels(2 pages) https://ia2010.albemarle.org/EmployeeResources/CEP/Shared%20Documents/Worksheets/Worksheet Overall Rating Level Guidelines.docx Draft language from ECC for the competency-specific worksheet 2 https://ia2010.albemarle.org/Employeerrsources/CEP/Shared%20Documents/Work Bets/DRAFT department- specific Worksheet competency-specific Rating Level Guidelines.docx Draft language from ECC for the overall rating levels worksheet https://ia2010.albemarle.org/EmployeeResources/CEP/Shared%20Documents/Worksheets/DRAFT department- specific Worksheet overall rating level guidelines.docx Thank you, Megan Yaniglos, APA Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 3