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HomeMy WebLinkAboutWPO201400096 Other 2012-02-21 • Page t of 11 Instrument Control Number 0 0 2 0 1 0 Commonwealth of Virginia I�IIIIININl�1NN111111N�lII�!l1NI:l�IIaIIIIINVINNUN Land Record Instruments Cover Sheet-Form A DoC ID: Tvpe: DEE Recorded: 0°2M/226012°1 t 11:03:37 AM Fee Amt: $22.00 Page 1 of 11 Albemarle County VA (ILS VLR Cover Sheet Agent 1.0.68) Debra M. Shipp Clerk File,' 2012-00002010 T C Date ofInstrument: [2/21/2012 ] eK4135 pG249-259 A 0 Instrument Type: [DOC ] X R P E Number of Parcels [ 1] X Number of Pages [ 17] E m City Ell County© [Albemarle County ] (Box for Deed Stamp Only) p First and Second Grantors T ` I Last Name I First Name I Middle Name or Initial I Suffix .x. — [Albemarle Place EAAP, ][ ][ ][ ] 0❑ [ ][ If it 1 First and Second Grantees I Last Name I First Name Middle Name or Initial I Suffix ®❑ [County of Albemarle,Vir][ ][ 1[ ] ❑❑ [ ][ ][ ]I 1 Grantee Address (Name) [County of Albemarle ] (Address 1) [401 McIntire Road , (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA] [22902 ] Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 ] Prior Instr.Recorded at:City ❑ County❑ ( ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr.No [ ] Parcel identification No(PIN) [061W0-03-00-02500( ),061W0-03-00-024001),061W0-03-00-02 ] Tax Map Num. (If different than PIN) [ ] Short Property Description [Consolidation of Lot D2, D3,E2, Parcel 2 and Parcel 1 residue ] [as shown on Stonefield Plat ] Current Property Address(Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ]I ] Instrument Prepared by [McNair Law Firm,P,A. 1 Recording Paid for by [Williams Mullen ] Return Recording to (Name) (McNair Law Firm,P.A. ] (Address 1) [Attn:Durham T. Boney,Esq. ] (Address 2) [P.O.Box 11390 ] (City,State,Zip) [Columbia ][SC][29211 ] Customer Case ID [ ] [ 1 I ] v.�., y J '1+ i� �f'jr ` 1 �'1,'7,107:,} t t.Ti`I ), ' t it Al, ,Cover Sheet Page#1 of 1 {'�t�'1 `fr!t'. d0+ Book: 4135 Page: 249 FileNumber: 2012-00002010 Seq: 1 Page 2 0111 002010 Prepared by and return to: McNair Law Firm, P.A. Attn:Durham T. Boney, Esquire Post Office Box 11390 Columbia,SC 29211 Tax Parcel No.: 061W0-03-00-02500, 061W0-03-00-02400,061W0-03-00-02300, 061W 0-03-00-01960,061 W0-03-00-019A0 This deed Is exempt from taxation under Virginia Code§§58.1-811(A)(3) DEED OF CONSOLIDATION,SUBDIVISION,DEDICATION AND EASEMENT THIS DEED OF CONSOLIDATION, SUBDIVISION, DEDICATION AND EASEMENT is made as of February 17, 2012 by and between ALBEMARLE PLACE EAAP, LLC, a Delaware limited liability company, its successors and assigns (the "Owner"), to be indexed as Grantor; and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, its successors and assigns (the "County"),to be indexed as Grantee. RECITALS: A. The Owner is the owner of the real property (Property") shown on that certain plat entitled "Plat Showing Subdivision of Stonefield, Jack Jouett Magisterial District,Albemarle County, Virginia"dated July 15,2011, last revised November 10,2011, prepared by W. W. Associates, consisting of 8 sheets, which is attached as Exhibit A and incorporated herein by reference (the"Plat"), having acquired the Property by deeds Book: 4135 Page: 249 FileNumber: 2012-00002010 Seq: 2 Page 3 of 11 recorded in the Clerk's Office of the Circuit Court for Albemarle County, Virginia in Deed Book 3483, Page 683, Deed Book 3483, Page 698, Deed Book 3503, Page 646, and Deed Book 3810, Page 60, and Deed Book 4091, Page 525. B. It is the desire of the Owner to vacate property lines, to consolidate and subdivide the Property creating Lot D2, Lot D3, Lot E2, Parcel 2 and Parcel 1 Residue,all as such lots or parcels are set forth more particularly on the Plat. C. It is the desire of the Owner to create various easements and reservations for easements and rights of way as set forth on the Plat and as more particularly provided for herein to facilitate the development of the Property. CONSOLIDATION AND SUBDIVISION NOW,THEREFORE,for and in consideration of the premises and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the Owner hereby vacates Property lines and consolidates and subdivides the Property creating Lot D2, Lot D3, Lot E2, Parcel 2 and Parcel 1 Residue in accordance with the Plat. This consolidation and subdivision is with the consent and approval of the appropriate authorities of Albemarle County, Virginia as evidenced by the signatures and stamps set forth on the Plat. The platting and dedication of the aforementioned lots and parcels is with the free consent and in accordance with the desire of Owner as evidenced by the signatures set forth below. STORM DRAIN EASEMENTS GRANTED TO COUNTY Subject to the terms and conditions set forth herein and matters existing of record in the Clerk's Office of the Circuit Court for Albemarle County, Virginia, Owner hereby grants, bargains and dedicates to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the County, its successors and assigns, various perpetual (unless otherwise indicated as temporary (by designation of such easement as 'Temporary" in the title thereof below), exclusive storm water and drainage easements (collectively referred to as the "Easement") over all those land areas as are set forth on the Plat and labeled as: (i) "New Temporary Construction Drainage Easement"; (ii) "New Temporary 30'Construction Drainage Easement"; (iii) "New Permanent Drainage Esmt"; (iv) "New Public Storm Water Management Maintenance Easement"; (v) "New Public Drainage Esmt Hereby Dedicated to Public Use"; 2 Book: 4135 Page: 249 FileNumber: 2012-00002010 Seq: 3 Page 4 of 11 (vi) "New Temporary Drainage Esmt"; (vii) "New Public Storm Water Management Access Easement"; (viii) "New 20' Public Drainage Esmt Hereby Dedicated to Public Use";and (ix) "New Temporary Public Storm Water Management Maintenance Easement." for the purpose of inspection, installation, construction, operation, maintenance, alteration to, addition to, repair and replacement of present and future storm drainage lines, and other drainage structures and facilities, but excluding all vaults which shall be owned and maintained and maintained by the Owner, plus necessary inlet structures, including other appurtenant facilities for the transmission and distribution of storm water through, upon and across such rights of way and/or easements areas within the Property in accordance with the County approved site plans and construction plans obtained by Owner for construction of such facilities within the Property, together with a right of ingress and egress over that portion of the Property labeled as"New Public Storm Water Management Access Easement" referenced above as required to access, Ingress and egress to and from the above rights of way and/or easement areas and the storm water improvements and facilities located therein. All storm water management facilities, ditches, pipes and other storm water improvements and appurtenances within the Easement required to be established under Chapter 18, Subdivision of Land, of the Albemarle County Code,excluding all vaults which shall be owned and maintained by the Owner, are hereinafter collectively referred to as the"Improvements,"whether referring to Improvements to be established by the Owner or those to be established in the future by the County. The completion of the Improvements by the Owner is secured by a surety as provided under Chapter 18, Subdivisions, of the Albemarle County Code. Because the Improvements subject to this Deed are primarily subjacent,]the term "Improvements" shall not include any roads, pavements, curbing, sidewalks, landscaping, and similar improvements that may be located within the Easement Further, pursuant to the consideration described herein, the Grantors do 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. Subject to Paragraph 8 below, the County shall have the right to construct and install Improvements in the future it deems necessary and appropriate. The County also shall have the right to reconstruct, install,maintain, repair,change, alter, and replace existing and future Improvements (hereinafter collectively referred to as 3 Book: 4135 Page: 249 File Number: 2012-00002010 Seq: 4 Page 5 of 11 "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting stormwater and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. Nothing herein shall excuse the Owner from their obligation to establish the Improvements required under Chapter 18, Subdivision of Land, of the Albemarle County Code. The future construction and installation of Improvements within the Easement shall be made only after approval of an amended stormwater management plan and,if necessary, approval of an amended site plan. Acknowledging that stormwater management satisfying the minimum requirements of State law is required, the County will minimize interference with existing and County-approved site improvements such as roads, driveways, curbing, sidewalks and landscaping within the Easement unless the Improvements are shown on an approved site plan submitted by Owner; provided that nothing herein shall excuse the Owner from their obligation to provide adequate stormwater management under Chapter 17, Water Protection, of the Albemarle County Code. 2. Ownership of the Improvements. All Improvements within the Easement,whether they were constructed or installed by the Owner, the County, or any predecessor in interest, shall be and remain the property of the County. 3. Right of ingress and egress. The County shall have the right and easement of ingress and egress over any lands of the Owner 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 County may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of County to disturb and maintain the Easement premises. The County 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 County, 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 repair of roads, driveways, curbing, sidewalks, or parking facilities (including light poles for the parking areas) or shrubs or vegetation thereon with the exception of trees (unless trees are otherwise approved for such areas under the approved County plans for the Easement premises) and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the County. In addition, the County shall remove from the Easement, or areas adjacent to the Easement, all trash and other debris resulting from the installation, maintenance or 4 Book: 4135 Page: 249 File Number: 2012-00002010 Seq: 5 Page 6 of 11 operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing,the County shall not be required to repair 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 County 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. County shall exercise its rights under this paragraph in a manner designed to minimize interruptions of access and parking over drives and parking areas within the Easement premises and outside the Easement premises. 6. Right of Owner to use and maintain the Easement premises. The Owner shall have the right to perform maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, maintenance of roads, driveways, curbing, sidewalks, or surface parking facilities (including light poles for the parking areas, shrubs, plants and other vegetation) and maintenance of and making any other aesthetic improvements desired by the Owner that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. As used herein, the term "maintenance" or "maintain" or comparable reference includes installation, upkeep, operation, repair and replacement.The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The County shall have a temporary construction easement on the lot on which the Easement is located in order to inspect, maintain or operate an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Restrictions. Owner reserves the right to make any use of the Easement premises herein granted in a manner shown on an approved site plan that does not interfere with the use and operation of the Improvements within the Easement. Neither the Owner nor any person acting under the Owner's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the Improvements located within the Easement or use the Land within the Easement in a manner that would materially and adversely affect the operation of the Improvements; 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 except as approved by the County in a site plan for the development of the Property. If so approved by the County in a site plan the County,the Owner shall have the right to use, occupy, maintain and improve the land occupied by said Easement for roads, driveways, curbing, sidewalks, or parking facilities (including light poles for the parking areas) or to plant shrubs or vegetation thereon with the exception of trees (unless trees are otherwise approved for such areas under the approved County plans) and may 5 Book: 4135 Page: 249 File Number: 2012-00002010 Seq: 6 Page 7 of 11 install and maintain other underground or above ground utilities that cross-over or within said permanent (or temporary) easement; provided that the same are shown on an approved site plan and installed and maintained in a manner that will not interfere with, disturb or otherwise change in any any Improvement unless otherwise approved by the County in a site plan for the development of the Property. If an approved site plan requires any change to an improvement or the relocation of an Easement, the Owner shall change the Improvement or relocate the Easement at its sole expense. 9. County's right to assign. The County shall have the right to assign this Easement as its interests may require to any other public entity. 10. Termination of Temporary Easements. All temporary easements shall terminate upon site plan approval of the development of the applicable portions of the Property affected thereby,the Owner granting permanent easements for storm drainage facilities over such applicable portions of the Property and constructing and placement into service of the applicable permanent storm drainage facilities therein. 11. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Owner, the County, and their successors and assigns. All references herein to the"Owner"and the"County" include their respective successors and assigns. All references to the "County," when exercising any right or obligation herein, includes the County's officers, employees and agents. THIS DEED OF CONSOLIDATION, SUBDIVISION, DEDICATION AND EASEMENT is made in accordance with the statutes made and provided in such cases, with the approval of the proper authorities of Albemarle County, Virginia,as shown by the signatures on the Plat, and is with the free consent and in accordance with the desires of the owner of the land embraced within the bounds of said subdivision. The County, 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. [SIGNATURE PAGES FOLLOW] 6 Book: 4135 Page: 249 FileNumber: 2012-00002010 Seq: 7 Page 8 0111 WITNESS the following signatures and seals: ALBEMARLE PLACE EAAP, LLC, a Delaware limited liability company By. io•ie W. McLean, President STATE OF300 t C& of ina. - COUNTY/CITY OF ; i ,to-wit: The foregoing instrument was acknowledged and sworn to before me this 13 day of re 2(Ua/ , 2012 by Jodie W. McLean as President of Albemarle Place EAAP, LLC, a Delaward limited liability company, and that by authority duly given she executed the foregoing on behalf of and as the act and deed of the foregoing Albemarle Place EAAP, LLC for the purposes stated in such instrument and she is personally known to me. Notary °ublic My commission expires: Lf'�'r'za 00 `````�iN G00//,,,00 fi PUdL1G ,• .7 Book: 4135 Page: 249 FileNumber: 2012-00002010 Seq: 8 Page 9 of 11 GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA THOMAS C. FOLEY COUNTY EXECUTIVE Appre ed as to form: _.44u £ ,._%If Co ai.rn:y I • CO Mr WEAL H OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this I14`day of February,2012 by Thomas C. Foley., on behalf of the County of Albemarle, Virginia, Grantee. Notary Public of = My Commission Expires: I/31/2-DI1j Notary Registration#260220 %2pr`�RGIH\?:•'\G. ,�'�.,�RY pU0 • 8 Book: 4135 Page: 249 FIIeN umber: 2012-00002010 Seq: 9 Page 10 of 11 Exhibit A Plat (See Attached) 9 Book: 4135 Page: 249 FileNumber: 2012-00002010 Seq: 10 Page 11 of 11 Plat Description That certain plat entitled "Plat Showing Subdivision of Stonefield, Jack Jouett Magisterial District, Albemarle County, Virginia" dated July 15, 2011, last revised November 10, 2011, prepared by W. W. Associates, consisting of 8 sheets, recorded February "1/ , 2012 in the Clerk's Office of the Circuit Court for Albemarle County, Virginia in Book 44/1y`, Page RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON February 21,2012 AT 11:03:37 AM $0.00 GRANTOR TAX 3 AS REgUIRED BY VA CODE @55,1802 PD STATE:$0.00 LOCAL:$0.00 ALBEM RLE COUNTY,VA .SHIPP CLERK OC 10 Book: 4135 Page: 249 FileNumber: 2012-00002010 Seq: 11