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HomeMy WebLinkAboutSUB201500188 Easements 2016-03-10This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel Identification Number (Parcel ID)11200-00-00-01900 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION AND EASEMENT TMS DEED OF EASEMENT is made this I 1 `h day of November, 2015 by and between VIRGINIA WINEWORKS, LLC, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: 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 stormwater management easement" to be dedicated to public use, shown on the plat of easement, dated June 15, 2015, entitled "Plat Showing Private Stormwater Management Facility Easement on the Property of Virginia Wineworks, LLC" with latest revised dated of November 3, 2015, 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 Scottsville Magisterial District of the County of Albemarle, Virginia, off of State Route 20, designated as Lot 3, containing 3.78 acres on a plat by Commonwealth Land Survey dated June 6, 2014 and recorded in the Clerk's Office of the Circuit Court of .Albemarle County, Virginia in Deed Book 4500, page 135, also being the same property conveyed to the Grantor by deed of Adele Wood, recorded in said Clerk's Office in Deed Book 3622, page 428; and WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Stormwater Management Facilities Maintenance Agreement" (hereinafter, the "Maintenance Agreement") in which the Grantor has agreed to construct and maintain on-site stormwater management facilities; 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 Version: 10108115 Property and to inspect the stormwater management facilities whenever the County deems necessary, and Section 6 of the Maintenance Agreement provides in part that, in the event the Landowner, its successors and assigns, fails to maintain the stormwater management 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 an Easement for public use in accordance with this Deed of Dedication and Easement. 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 in2ress and a ess. 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. Ownership of the facilities. The stormwater management facilities required to be constructed and maintained by the 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 bean assumption of ownership or control by the Grantee over the stormwater management 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 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 2 Version: 10/08/15 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. WITNESS the following signatures. GRANTOR: VIRGINIA WINEWORKS, LLC Print Name: Michael Shaps Title: Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 1�\ \--) �k p pp4 ire The foregoing instrument was acknowledged before me this ES day of November, 2015 by Michael Shaps, Manager, Grantor. Notary Public My Commission Expires: . ..� (- I 'L' Registration number: 2 L ttN a l I10#4 �•tq'J Gi;A�1 000,� ,o++IIII11N0t Version: 10/08/15 SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA Thomas C. Foley County Executive The foregoing instrument was acknowledged before me this /C' day of /-,%i•C 17 , a c by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. •� Notary Public My Commission Expires =4�;r'N o-rARy :tA r *' PUBOG Registration number: `j Approved as to form: Co tt eff M- . 4 VcrsCo$:"T +1S/l5