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HomeMy WebLinkAboutSUB201500188 Review Comments 2015-12-11 Community Development Document Review County Attorney's Office TO: RCJ\eI `A- l rti PROJECT NUMBER: V j Y i A f sa of)Q k `1 5 0B I S ; 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 Parcel determination I/ Other: 5tkik-t 7 5 t'LtS (1' tti'— The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below Zsconditionally approved and ready to be circulated for signatures and acknowledgements V is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements 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: e. .�G i' � �t�/Ca-ev-vt-ifi-cat-to r of exk.se mrrvt--- �S n rtrrPr C- d -{`rc, LoOrct r( i <<^ O r Q _ . cf aee-ci —as 110 fee) eh ef. 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: (2/r I 7 I 1 Grey the De� n Att tney Vk ',war This 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 THIS DEED OF EASEMENT is made this 11th 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 facility easement"to be dedicated to public use, sho on the plat of easement, dated June 15, 2015, entitled"Plat Showing Private Sto Wfill.ter 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 1 Version: 10/08/15 ',4.r 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 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. 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 be an 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 All L .. Print Narn 'chael Shaps Title: Manager COMMONWEALTH OF VIRGINIA EIti'COUNTY OF A 1 10.r l e The foregoing instrument was acknowledged before me this Z S t day of November, 2015 by Michael Shaps, Manager, Grantor. My Commission Expires: otary Public Registration number: c3(�"9-60 Commonwealth Of Virginia TOM Dee McCay-Notary Public Commission No.387907 My Commission Expires July 31,2018 3 Version:10/08/15 SIGNATURES CONTINUE ON THE FOLLOWING PAGE GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Thomas C. Foley County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to form: County Attorney 4 Version: 10/08/15 Nape Now' ��occ A z �'rRG1N�' 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 1, 2015 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: l$ Project Name:SUB201500866 Virginia Wineworks Date Submitted: 11/30/2015 Dear Mr. Kamptner: Please review and sign the attached deed of easement for a stormwater management facility. Engineering staff has reviewed against the easement template and the applicant has submitted originals for County signature. If no changes are required, please sign sheet 4 before I send up to County Executive for signature. Thanks, (?,(&(; ) Rachel Falkenstein Senior Planner, ext. 3272 ._,. e Cg y s g l '° j ?'$ . _, q© 4' ys RE©IA►`f45 T 4 FARM y EOR cR TA ''''' '4Rr R. F3p a— Q) ,, � SIT �' / VIEWMONT ,' VIEWMO FARM Ic+ WEST DR. QP VIEWMONT 1,7 WEST C,. t+v" r". yir HARRIS HARRIS 1 CREEK WAY REEK RD VICINITY MAP NOTES: SCALE: 1"=-2000' 1. PLAT PREPARED BY EARL W. MOTTLEY, LS. 2. THIS PROPERTY IS IDENTIFIED AS TAX MAP PARCEL 112-19, CONTAINS 3.78 ACRES AND IS ZONED RA (RURAL AREAS). 3. THIS PROPERTY LIES WITHIN THE HARDWARE RIVER WATERSHED AND DOES NOT LIE WITHIN 0► A STREAM BUFFER OR AGRICULTURAL-FORESTAL DISTRICT OR WATER SUPPLY WATERSHED. v 4. THIS PROPERTY IS LOCATED IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% o ANNUAL CHANCE FLOOD PLAIN AS PER FEMA FIRM MAP NUMBER 51003C0420D DATED 4 FEBRUARY 4, 2005. 5. TO THE BEST OF OUR KNOWLEDGE AND BELIEF THERE ARE NO KNOWN GRAVE SITES ON THE PROPERTY AS BASED ON VISUAL OBSERVATION. 7. THE STORMWATER MANAGEMENT EASEMENT SHOWN ON THIS PLAT IS TO BE PRIVATELY ,V,) OWNED AND MAINTAINED BY THE PROPERTY OWNER. o 8. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES cy NOT NECESSARILY INDICATE ALL ENCUMBRANCES UPON THE TITLE. h 9. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY AS PER THE DATE OF w THIS PLAT AND THERE ARE NO VISIBLE ENCROACHMENTS OR EASEMENTS EXCEPT AS ; SHOWN. a 10. THIS PLAT DOES NOT ADDRESS THE EXISTENCE, DETECTION, OR DELINEATION OF ANY 3 ENVIRONMENTALLY SENSITIVE AREAS OR ANY ENVIRONMENTAL PROBLEMS LOCATED WITHIN THE PERIMETER OF THE PROPERTY SHOWN. 0 K N h AGENT, ALBEMARLE COUNTY BOARD OF SUPERVISORS DATE N REVISED 11/3/15 q c ,�C:1-' OFU PLAT SHOWING PRIVATE A m ��, STORMWATER MANAGEMENT FACILITY EASEMENT �— i * f// 7/5---2_,�5 I ON THE PROPERTY OF ENGINEERS o Flu W.MOTTLEY y VIRGINIA WINEWORKS, LLC �EIVED tNo 625 ,. PLANN , SCOTTSVILLE MAGISTERIAL DISTRICT ISSQC <' p- ALBEMARLE COUNTY VIRGINIA IA 1 PO Bo,4;,9 IWUA anS'' 1 2115 in 9f, ���• SCALE: AS SHOWN DRAWN BY: SHEET WWA NUMBER: 1,:,,, va 74 w7 (4° na.;m S''a PI „ SI'};v� DATE. 6/15/15 KTM 1 OF 4 215027.03 ���MUNITY PMnc'434.3 I U.6O80 num43< www.wWflSEu.i01Cf.00i DEVELOPMENT OWNER INFORMATION: VIRGINIA WINEWORKS, L.L.C. 1781 HARRIS CREEK WAY CHARLOTTESVILLE, VA 22902 ATTN: MICHAEL SNAPS (434) 296-3438 SOURCE OF TITLE: THIS IS THE SAME PROPERTY CONVEYED TO VIRGINIA WINEWORKS, LLC BY DEED RECORDED IN DEED BOOK 3622 PAGE 428, IN THE CLERK'S OFFICE OF ALBEMARLE COUNTY, VIRGINIA. STATEMENTS AND SIGNATURES: SURVEYORS CERTIFICATE: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT ALL OF THE REQUIREMENTS OF THE BOARD OF SUPERVISORS AND ORDINANCES OF ALBEMARLE COUNTY, VIRGINIA, REGARDING THE PLATTING OF SUBDIVISIONS WITH THE COUNTY HAVE BEEN MET. THE PROPERTY CORNER MARKERS SHOWN AND DESCRIBED ON THE PLAT ARE IN PLACE, OR WILL BE INSTALLED UPON FINAL UTILITY AND ROAD INSTALLATION, AS SHOWN. OOP EARL W. MOTTLEY. LS DATE OWNER'S CONSENT AND DEDICATION STATEMENT: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND [PARCEL ID: 11200-00-00 01900] IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIG ED OWNERS, PROPRIETORS AND TRUSTEES. ALL STATEMENTS AFFIXED TO THIS PLAT R. TRU ANQ_,CORRECT TO THE BEST OF MY KNOWLEDGE, 4 ' 1 REPRESENTA:IV' ZS DATE NOTARY: a CITY/COUNTY OF: A\\oe.r,-)o,.(1 t COMMONWEALTH OF VIRGINIA Cti° THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME - THIS 2S DAY OF Nouerrbv , 20 15 I BY h c�,c�e l S�ci p S a (PRINTED NAME OF PERSON SEEKING ACKNOWLEDGEMENT) !��-�� �l�f Cor,+monwealth OIVITInle NOTA PUBLIC SIGNATURE TertCommisI Dee lon No. 187907ary Public Commisafon No.387907 Q. My Commission Expires July 31,2018 NOTARY REGISTRATION NUMBER: JLD 9 c—1 MY COMMISSION EXPIRES: Ir iIfi .3/, 20/1" 0 N REVISED 11/3/15 H OF � PLAT SHOWING PRIVATE o C r,; STORMWATER MANAGEMENT FACILITY EASEMENT r//��s ON THE PROPERTY OF ENGINEERS ° EARL w.MOTTLEY `' VIRGINIA WINEWORKS, LLC SURVEYORS _Ns ]625 PI:ANNERS SCOTTSVILLE MAGISTERIAL DISTRICT ALBEMARLEASSOCIATES COUNTY, VIRGINIA in <-c 'R- E: N/A I DP.AWN BY: SHEET WWA NUMBER: ro uo,a 11s amu A Z LvncJrLwy,lA 2�SG7 Cuan vi1k,tlA tts l' t;� DATE: 6/15/15 KTM 2 OF 4 215027,03 Anne .i<, leaned none 434.9e4noc I - N41110, NNW IF THIS DRAWING IS A REDUCTION GRAPHIC SCALE MUST BE USED IR SCALE 1* = 50' Mi!S-16-11 / / TAX MAP 1 7 2-7 9H 50' 0 50 GREENMONT FARMS, LLC \ O.B. 3906, PG. 551 / \ ZONED: RA 4i* USE: VACANT RESIDENTIAL #1 \ / TAX MAP 112-18C EARL OR \ ELIZABETH P. spew I TAX MAP 112-19 aa 755, PG. 223 VIRGINIA WINEWORKS, LLC \ ZONED: R4 D.B. 3822, PG. 428 USE: RESIDENTIAL ZONED: RA / USE: WINERY 3.78 ACRES ' % t, -' \YA:., / \ q.- EXISTING 15- CUP ‘ / ,A,e- r'• / ......,e 1.4 <1-, \ tv —L 1 0 ••:,-- 0„, / ,-., L9 * '')i.„-• / ;5 \ DaSTING 6 / r-- GRAM f / \ A ,, O \ /(0 \ '\ m (,. <1' r 4-' IF i \ • /,, \ 3 • IRF ' / sv \ ..:. CI „ o 11.. EXISTING i A BUILDING () cai kr 2 '''' Pc4 4/5' EXISTING % BUILDING AREA OF PERMANENT STORMWATER D(IS17NG MANAGEMENT EASEMENT - in ..,...- CONCRETE—' /5 \ 12,201 SQUARE FEET ..6: PAD LEGEND CL 0 IRF IRON PIN FOUND z..Z 0 EASEMENT CORNER — BOUNDARY LINE Pn o r; --- - ADJACENT BOUNDARY LINE cv " " " " " EDGE OF o in •- REVISED 11/3/15—--------------- PENT STORMWATER MANAGEMENT EASEMENT cy "g‘ t k,T1-i Of PLAT SHOWING PRIVATE -t, STORMWATER MANAGEMENT FACILITY EASEMENT , ENGINEERS S-, ///3/4 5— '--z., ON THE PROPERTY OF SURVEYORS 0 -,_(;) EARL W.MOTTLEY --, VIRGINIA W1NEWORKS, LLC 4,. > Lic,No. 1625 PLANNERS -- 7-.....44, SCOTTS_VILLE MAGISTERIAL DISTRICT ALBEMARLE COUND', VIRGINIA ASSOCIATES 1., ,R.---,40 11 I ' S'CALE:1 =50 DRAWN BY: SHEET WWA NUMBER: C7I 'VP .-- j ':''' N:'C' Lynchbw,VA 245^7. Chralcurstii,VA 1i,il Plumc 434.3:0•69)110 Phony 4349&4? ....." ..... ,1 R DATE: 6/15/15 KTM 3 OF 4 215027.03 wk.,w9171490,110C-,,,C. Nor •,.00 NEW STORM WATER MANAGEMENT EASEMENT UNE TABLE LINE # BEARING LENGTH Ll N5239'12"E 57.55' L2 N59.01.28E 37.59' L3 N57.1016E 16.16' L4 N53'20'14"W 45.21' L5 N6418'52"W 32.72' L6 N64.18'52W 28.13' L7 582-51'15"W 18.95' L8 SB2'51'15"W 29.49' L9 S07.13'44"E 14.16' L10 S7425'43W 23.35' Li 1 S67.42`54"W 21.88' L12 { 536.59'05"E 74.81' 0 c.) REVISED 11/3/15 TV up PLAT SHOWING PRIVATE o • • 3 / STORMWATER MANAGEMENT FACILITY EASEMENT ENGINEERS /,//s— , ON THE PROPERTY OF SURNTLYORS EMU_ MOTTLEY VIRGINIA WINEWORKS, LLC Lk.No. 1625 PLANNERS Litcfr •••••"" SCOTTSVILLE MAGISTERIAL DISTRICT • ALBEMARLE COUNTY, VIRGINIA ASSOCIATES sc- ALE• 1 =5Q' DRAWN BY SHEET WWA NUMBER Piro/. 334.311.bOSO Ph 4.1 3P4 DATE. 6/15/15 ICTM 4 OF 4 215027.03 ) ar r � r County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434 - 296 -5832 Fax 434 - 972 -4126 Memorandum To: David Jensen, P.E. (djensen @wwassociates.net) From: Rachel Falkenstein, Senior Planner Division: Planning Date: November 11, 2015 Subject: SUB 201500188 Virginia Wineworks — Easement The County of Albemarle Planning Division will grant or recommend approval of the Easement Plat referenced above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision /Zoning Ordinances unless otherwise specified.] 1. [14- 302(A)(3)] Label street as private and provide width. County GIS shows the road name transitioning to Harris Creek Way when it turns off of the public street (Harris Creek Road). Please double check road name and revise if necessary. 2. [14- 302(8)(7)] Revise note 3 to also state the property is not within a water supply watershed. 3. [14- 303(0)] Include signature panel on sheet 1 for agent. Please contact Rachel Falkenstein in the Planning Division by using rfalkenstein @albemarle.org or 434 -296- 5832 ext.3272 for further information.