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HomeMy WebLinkAboutSUB201600047 Easements Final Plat 2016-06-28Page 1 of 7 T C A o X R P E X E M P T an r0 MUMM Instrument Control Number F -- Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] FM Date of Instrument: [612/2016 Instrument Type: [DE Number of Parcels [ 11 Number of Pages [ 6] 0.1 126 Doc ID: 033424750007 Type: DEE Recorded: 10/04/2016 at 02:59:01 PM Fee Amt: $22.00 Page 1 of 7 Albemarle County, VA Jon R. Zug Circuit Clerk Filen 2016-00011261 BK4823 PG174-184 I -------------------------------------------- I I I City ❑ County© [Albemarle County ] (Box for Deed Stamp Only) First and Second grantors Last Name First Name Middle Name or Initial Suffix [Cascadia Development ] [ ] [ ] [ ] Forst and Second Prantees Last Name First Name I Middle Name or Initial Suffix [County of Albemarle Virgi ] [ [ ][ Grantee Address (Name) [County of Albemarle Virginia J (Address 1) [401 McIntire Road ] (Address 2) [ . ] (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt 10.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [Portions of Parent TMP 65 25 and 78 59 and 78E H1 ] Tax Map Num. (if different than PIN) [Portions of Parent TMP 65 25 and 78 59 and 78E H1 ] Short Property Description [Cascadia Subdivision Blocks 4 thru 7 Phase 2 ] [ ] Current Property Address (Address 1) [Cascadia Subdivision Phase 2 Blocks 4 thru 7 ] (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22911 ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County Attorney [Southern Development Group Inc [Albemarle County Attorney [401 McIntire Road [Charlottesville ] [VA ] 122902 ] [ ] [ ][ ] ----- I y I I' I I I r � I I I � Book: 4823 Page: 174 HeNumber:2016-000'11261 Seq: 1 Page 2 of 7 . This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Portions of parent Tax Map Parcels 62-25, 78-59, 7813-111 Underwriter: Unknown This deed is exempt from taxation under Virginia Code § 58.I -811(A)(3) . DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT is made this 28th day of June, 2016 by and between CASCADIA DEVELOPMENT, LLC, a Virginia limited liability company, Grantor, and, the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, Cascadia Development, LLC 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 TMP 78-59, originally containing 33.253 acres, more or less, as shown on a plat titled "Final Subdivision Plat, Cascadia Blocks 4 - 7, Phase Two, TM 78, Parcel 59, Rivanna District, Albemarle County, Virginia," by Dominion Engineering, dated January 13, 2016, as revised March 28, 2016, April 20, 2016 and June 27, 2016, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book43, Page `b3 (the "Plat"). Reference is made to the Plat for a more particular description of the property and the portions of the property for the easement locations conveyed herein; and, That certain real property shown and designated as TMP 78-59, originally containing 33.253 acres, more or less, as shown on a plat titled "Final Subdivision Plat, Cascadia -- Phase One, Blocks 4 — 7, TM 62, Parcel 25, TM 78, Parcel 59, TM 78E, Parcel H1, Rivanna District, Albemarle County, Virginia," by Dominion Engineering, dated June 23, 2014, as revised August 26, 2014, October 31, 2014, and, January 9, 2015 as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4715, Pages 104 - 152 (the "Plat"). Reference is made to the Plat for a more particular description of the property and the portions of the property for the easement locations conveyed herein. Being a portion of the same property conveyed to Cascadia Development, LLC, a Virginia limited liability company, by deed from REDUS VA Housing, LLC, a Delaware Version: 12-19-14 Book: 4823 Page: 174 FileNumber: 2016-00011261 Seq:2 Page 3 of Z limited liability company, dated July 25, 2015, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4209, page 88; and, being New TMP 78-59 as shown on a Boundary Line Adjustment Plat prepared by Dominion Engineering, dated August 5, 2014, September 12, 2014, as recorded in the aforesaid Clerk's Office in Deed Book 4583, Page 188. WHEREAS, public storm drainage easements on the Plat are further located, described and shown on Page V2 as: "20' PUBLIC DRAINAGE EASEMENT," 1130' PUBLIC DRAINAGE EASEMENT," and, "40' PUBLIC DRAINAGE EASEMENT" (all located on a portion of Lots 82 and 83); and, "PUBLIC DRAINAGE EASEMENT" (located on a portion of Lot 32 and on a portion of the residue parcel south of Lot 32), and, a VARIABLE WIDTH SWM ACCESS EASEMENT (located in Lot D Open Space, shared with and described on page V2 of the plat as "Variable Width Trail, SWM Access & Maintenance, and Stream Buffer Mitigation Easement) (the "Easement" whether one or more); and, 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, WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all 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 ($10.00), 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 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, 2 Version: 12-19-14 Book: 4823 Page: 174 ReNumber:2016-00011261 Seq:3 Page 4 of 7 . repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining 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. 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. 5. 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 or replace anything identified in this section 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 Section 6 except as expressly provided in this 3 Version: 12-19-14 Book: 4823 Page: 174 ReNumber:2016-00011261 Seq:4 Page 5 of section. 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 making 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. Restrictions. The Easement granted hereby is expressly made subject to any and all easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the Property which have not expired by a time limitation contained therein or otherwise become ineffective. 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 any Improvement located within the Easement by installing trees, constructing or maintaining any roadway, or erecting any building, fence, retaining wall or other structure within the Easement. These restrictions shall not prohibit the location of underground pipes, wire, conduits or other such facilities within the Easement with the prior written consent of the Grantee, which shall not be unreasonably withheld. 9. Grantee's right to assigLi. The Grantee shall have the right to assign this Easement as its interests may require. 10. Bindingeffect. 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 4 Version: 12-19-14 Book: 4823 Page: 174 HeNumber:2016-00011261 Seq:5 Page 6 of 7 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 Follow on Page 61 5 Version: 12-19-14 Book: 4823 Page: 174 HeNumber:2016-00011261 Seq:6 Pegs 7 of 7' , d WITNESS the following signatures. Cascadia Development, LLC By: , Charles W. Hurt, Manager COMMONWEALTH OF VIRGINIA CTf*/COUNTY OFj��r`tA i The foregoing instrument was acknowledged before me this %*" day of T" 1:y 2016 by Charles W. Hurt, as Manager of Cascadia Dqi lopment, LLC, a Virginia limited liability company. //I t---\ My Commission Expires: -1-3 i chap Registration number: OAA -, 5 %4 GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: LOIS A. HAVERSTROM NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2029 REGISTRATION NO. 298946 COUNTY OF ALBEMARLE, VIRGINIA C Thomas C. Foley County Executive The foregoing instrument was acknowledged before me this ' 7 day of S , 2016 by Thomas C. Foley, County Executive, on behalf of the County of Alb marle, Virginia, Grantee. My Commission Expir Lri11� �Q Registration number: I Book: 4823 Page: f �C� Notary Public ,```�'t�surt�rrrrrr,,� ��.� �p�E �. an17 RECORDED IN CLERICS OFFICE OF ALBEMARLE ON OCTOBER 4, 2016 at 2:59:01 PM AS RE UIRED BY VA CODE 358.1-802 STAT 0 LOCAL: $0.00 ARLE COUNTY, VA GC CUI IDC-- 1( DC 1 ( FT - umber: 2016-00011261 NOr •ele �. �` : Cn •• A�eCI C . 4'�id�C25399A ' \Q Version: 12-19-14 Seq: 7