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HomeMy WebLinkAboutSUB201500209 Deed of Dedication 2016-11-16 Now, New' Prepared by and return to: Richard G. Rasmussen, III, VSB#40694 McCallum& Kudravetz, P.C. 250 E. High Street Charlottesville, VA 22902 TMP: 05500-00-00-07800 & 05500-00-00-078A0 (portion) This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION THIS DEED OF DEDICATION is made this 1(9 day of Pamber, 2016, by and between OLD TRAIL CREEKSIDE IV, LLC, a Virginia limited liability company ("Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Grantee"). OLD TRAIL CREEKSIDE V, LLC, a Virginia limited liability company ("Additional Grantor"), joins herein solely to convey and dedicate for public use the Dedicated Property (defined below) that is located upon Albemarle County Tax Map Parcel Number 55-78A, as further shown on the plat attached hereto. WITNES SETH : WHEREAS, the Grantor acquired certain real property by deed from Jackie B. Shifflett, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4666,page 304 (the "Grantor's Property"); WHEREAS,the Additional Grantor acquired certain real property by deed from Jackie B. Shifflett, et al., as recorded in the aforesaid Clerk's Office, in Deed Book 4797, page 54 (the "Additional Grantor's Property"); WHEREAS, the Grantor's Property and the Additional Grantor's Property shall hereinafter be referred to as the "Property"; 1 WHEREAS, the Grantor and Additional Grantor offer to grant, convey, and dedicate a portion of the Property to the County in fee simple for public use, namely, a public right-of-way, drainage, sight distance, and open space; and WHEREAS, the Grantee is willing to accept the Grantor's and Additional Grantor's respective offers of dedication. NOW, THEREFORE, in consideration of the mutual premises, the Grantor and Additional Grantor hereby grant, convey, and dedicate for public use to the Grantee, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE,the following real property, to-wit: Those certain lands shown and designated as "Open Space Hereby Dedicated to Albemarle County (0.137 Acres)"; "Open Space Hereby Dedicated to Albemarle County (1.148 Acres)"; "Jarmans Gap Road (Var. Width R/W) Hereby Dedicated to Public Use"; "Mill Stone Lane (Var. Width R/W) Hereby Dedicated to Public Use"; "Note 4: Variable Width Drainage Easement Hereby Dedicated to Public Use" and "Note 5: Variable Width Sight Distance Easement Hereby Dedicated to Public Use"; all as shown on the plat of Commonwealth Land Surveying, LLC, dated October 12, 2015, last revised August 1, 2016, entitled "Creekside III, Phase IIID, White Hall District, Albemarle County, Virginia", a copy of which is attached hereto to be recorded with this deed. Reference is made to said plat for a more particular description of the property conveyed herein (the "Dedicated Property"). Reference is made to the aforesaid plat for the exact location and dimensions of the Dedicated Property as they cross the Property. This conveyance is made expressly subject to all restrictions, conditions, rights-of-way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the Property conveyed hereby, insofar as the same affect the Property, which have not expired by a time limitation contained therein or have not otherwise become ineffective. 2 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 the Dedicated Property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [Signatures on the following pages] 3 GRANTOR: Old Trail Creekside IV, LLC, a Virginia ' -d liab' ' ompany By: ./. Justi •,-Vs, Ma,ager Commonwealth of Virginia City/ of c rl , 0-Wit: The foregoing instrument was acknowledged before me this th day of /_/ P2016, by Justin T. Beights, Manager of Old Trail Creekside IV, LLC, a Virginia limited liabilit company. My commission expires: 4/ h? —, — ( Not. y p• .lic RAS .••p My ' Q ;••NOTARY•••.('<t% • Ute; PUBLIC • Z • Er--: REG#178430 ' " • MY COMMISSION i Q p EXPIRES . . ' 4.•• 4/30/2019 ; ''•41/1/ A LTH O .. 4 ADDITIONAL GRANTOR: Old Trail Creekside V, LLC, a Virginia limited liability company By: � _ Daniel M. Brody, Manager Commonwealth of Virginia City/C,atrfty of CAlgcZ Stu to-wit: The foregoing instrument was acknowledged before me this I day of Nevemseiz, 2016, by Daniel M. Brody, Manager of Old Trail Creekside V, LLC, a Virginia limited liability company. My commission expires: %Ju Lt( 31,2b 1$' ' �• ��i -CX + Notary Public .soY.a- NF,p PI/RUC REG II 1 J i 944 n :MY COM^v9lSSlp • ••. 7131/218 -ssossssssii.� 5 GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA •114014440 (, Thomas C. Foley, County Exe 've COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this J day of e_c a r\bzr- ,20 1 by Thomas C. Foley,County Executive,on behalf of the County of Albemarle, Virginia, Grantee. ` No Public My Commission Expires: _j 0 1 3t 1 q. Notary Registration No. �i O 3'1 b Approved as to form: .• eil,„,,,c, 17 --- • my Attorney o ,►111/1/11/� o c0 '1 V CQa Niiie Czccl In•9t, U ►0 NI A N �i f'0.` dNl i djY, hO N ' , �1 ' 4 ? , N , N 0ag } : mem da .:: ma �� Wi ,,,Z o=j _ www .S` :u w x� Z :n /wit ry `7 �/n yov �� W NCl Li 8 z ll li I y gwa - n. 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Community Development Document Review County Attorney's Office TO: I\}\JfiJl4f 5, ,,-),,,,41-co 3 s°" 132.0t �ci C`c PROJECT NUMBER: 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 determination5 Other: pp T)e_c.... The document: is approved 'is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements 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) ,c— ( Comment:(Se ,5(testa 11v t5�[ rl5j o h 19 Dec —J ass(,)YY1-e ci fecA (l t.{ ilk Rr ' 5-Caie.itAtc tol`tkiry e fl' 'rt s aQ riAk( f--tved 1 alit( hc fy 5� "e a` i1 '`tiokiav k �Ct, to k l yvtej-r cc (A If the document is approved,was submitted with the applicants' signatures, and is one to which the County is a E-r 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. I Date: tri hCi Greg' p the Dep ountyAtta ey Albemarle County TMP# 05500-00-00-07800(portion) PREPARED BY AND RETURN TO: Richard G.Rasmussen,III,VSB No.40694 McCallum&Kudravetz,P.C. 250 East High Street Charlottesville,VA 22902 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS OF OLD TRAIL THIS SUPPLEMENTAL DECLARATION (this "Supplemental Declaration") is made this day of , 2016, by MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company (the "Company"); and OLD TRAIL CREEKSIDE IV, LLC, a Virginia limited liability company, (the "Owner"). WHEREAS, Old Trail Creekside IV, LLC, is the owner of Lots 56, 57, 58, 59, 60, and 61 (the "Lots") as shown on the plat entitled "Creekside III, Phase IIID" (the "Plat") dated October 12, 2015, last revised May 2, 2016, prepared by Commonwealth Land Surveying, LLC, which was recorded in the Clerk's Office of the Circuit Court of the County of Albemarle in Deed Book , page . The Lots are a portion of the same property conveyed to Owner by Deed from Jackie B. Shifflett, dated August 5, 2015, recorded, in said Clerk's Office in Deed Book 4666, page 304-307 (the "Property"). WHEREAS, the Company previously executed the Declaration of Covenants and Restrictions of Old Trail dated December 10, 2004, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2887, page 336. Such Declaration and all amendments, modifications and supplements thereto are referred to herein as the "Declaration". WHEREAS, the Owner desires for the Lots to be subject to the Declaration and the Company has agreed to add the Lots to the Declaration per Article 2, Section 2. WHEREAS, Article 2, Section 2 of the Declaration permits complementary additions and/or modifications of the covenants and restrictions contained in the Declaration "as may be necessary or convenient, in the sole judgment of the Company" to reflect the different character, if any, of the added properties. WHEREAS, the Owner desires for Old Trail Community Association, a Virginia non- stock corporation (the "Association"), to maintainthose sidewalk easements and stream buffer, as shown on the Plat and the Company has agreed to modify the covenants and restrictions of the Declaration to accept Owner's said contemplated easements, as described in more detail below. NOW THEREFORE, the Company and the Owner hereby impose the terms of the Declaration upon the Lots as shown on the Plat and bring such property within the plan and operation of the Declaration. Moreover, the Company hereby imposes an obligation upon the 5.1CIEWC4 Y-5 W tom-((n Association to maintaitthe following easements as shown on the Plat: (a) Easement Note 2, "10' Sidewalk Easement Hereby Conveyed to Old Trail Community Association, Inc." (b) Easement Note 3, "12.5' Sidewalk Easement Hereby Conveyed to Old Trail Community Association, Inc." Easements (a) and(b) be collectively referred to as the "Easements". Reference is made to the Plat for the exact location and dimensions of the Easements as they cross the Property. In addition, the Company hereby imposes an obligation upon the Association to maintain that certain"100' Stream Buffer" as more particularly shown on the Plat. Reference is made to the Plat for the exact location and dimensions of the 100' Stream Buffer as it crosses the Property. [Signatures on the following page.] 2 WITNESS the following signatures and seals: MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company By: [SEAL] Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF to-wit, The foregoing instrument was acknowledged before me this day of , 2016, by , as of March Mountain Properties, L.L.C., a Virginia limited liability company. My commission expires: Notary Public 3 OLD TRAIL CREEKSIDE IV, LLC a Virginia limited liability company By: [SEAL] Justin T. Beights, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF to-wit, The foregoing instrument was acknowledged before me this day of 2016, by Justin T. Beights, as Manager of Old Trail Creekside IV, LLC, a Virginia limited liability company. My commission expires: Notary Public 4 OE ALB�a 8 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 26, 2016 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB2015-209 Old Trail Creekside- Deed of Easement(s); Supplemental Declaration for C&R LDate Submitted: 7/21/16 Greg: Attached are two documents referenced above for Old Trail Creekside. I highlighted the plat and attached it for your use as well. Let me know if you have any questions or need anything else. Thank you, Megan Yaniglos Community Development Document Review County Attorney's Office (.1 AA i V i / S PROJECT NU BER: ,�, 6 -#nct t7kr 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 �, Other: UU1th ( AEci 1 Com- I'k. The document: is approved 1././is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements 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: MA r.0( , QV(\ 2- 4zi 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. -j)(f-Iii„ Date: r V Gre1;14 a. . eiDep 1 . n Att. ey Prepared by and return to: Richard G. Rasmussen, III, VSB#40694 McCallum &Kudravetz, P.C. 250 E. High Street Charlottesville, VA 22902 TMP: 05500-00-00-07800 (portion) This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION THIS DEED OF DEDICATION is made this day of , 2016, by and between OLD TRAIL CREEKSIDE IV, LLC, a Virginia limited liability company ("Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia("Grantee"). WITNESSETH : WHEREAS, the Grantor acquired certain real property by deed from Jackie B. Shifflett, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4666, page 304 (the "Property"); WHEREAS, the Grantor offers to grant, convey, and dedicate a portion of the Property to the County in fee simple for public use, namely, a public right-of-way and open space; and WHEREAS,the Grantee is willing to accept the Grantor's offer of dedication. NOW, THEREFORE, in consideration of the mutual premises, the Grantor hereby grants, conveys, and dedicates for public use to the Grantee, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, the following real property, to-wit: Those certain lands shown and designated as "Open Space Hereby Dedicated to Albemarle County (0.137 Acres)"; "Open Space Hereby Dedicated to Albemarle County (1.148 Acres)"; "Jarmans Gap Road (Var. Width R/W) Hereby Dedicated to Public Use"; "Mill Stone Lane (Var. Width R/W) Hereby Dedicated to Public Use"; and, "Note 4: Variable Width Drainage Easement Hereby Dedicated to Public Use"; all as shown on the plat of Commonwealth Land Surveying, LLC, 1 dated October 12, 2015, last revised May 2, 2016, entitled "Creekside III, Phase IIID, White Hall District, Albemarle County, Virginia", a copy of which is attached hereto to be recorded with this deed. Reference is made to said plat for a more particular description of the property conveyed herein (the "Dedicated Property"). Reference is made to the aforesaid plat for the exact location and dimensions of the Dedicated Property as they cross the Property. This conveyance is made expressly subject to all restrictions, conditions, rights-of-way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the Property conveyed hereby, insofar as the same affect the Property, which have not expired by a time limitation contained therein or have not otherwise become ineffective. 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 the Dedicated Property pursuant tVide ode § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordati f this Deed. " N( V(1 \\A \\c [Signatures on the following pages] 2 GRANTOR: Old Trail Creekside IV, LLC, a Virginia limited liability company By: Justin T. Beights, Manager Commonwealth of Virginia City/County of , to-wit: The foregoing instrument was acknowledged before me this day of 2016, by Justin T. Beights, Manager of Old Trail Creekside IV, LLC, a Virginia limited liability company. My commission expires: Notary Public 3 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By: Thomas C. Foley, County Executive Commonwealth of Virginia County/City of , to-wit: The foregoing instrument was acknowledged before me this day of 2016, by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia. My commission expires: Notary Public 4