HomeMy WebLinkAboutSUB201600044 Deed of Dedication This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902
Tax Map and Parcel Number 05600-00-00-03600 and
Tax Map and Parcel Number 05600-00-00-036A0
This deed is exempt from taxation under Virginia Code§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this day of
, 2016 by and between SM CHARLOTTESVILLE,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 "20' Public Storm Drain Easement"
and "Variable Width Public Storm Drain Easement"to be dedicated to public use, shown
on the plat of CHESTERFIELD LANDING, dated January 21, 2016, and recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
page , a copy of which is attached hereto to be recorded with this deed
(hereinafter, collectively 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 White Hall Magisterial District of the County of Albemarle, Virginia, designated
as Parcels 36 and 36A Tax Map 56 of Chesterfield Landing Subdivision on a plat by Roudabush,
Gale&Associates, Inc., dated January 21, 2016 and recorded in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia in Deed Book ,page , also being the same
property conveyed to the Grantor by deed of Crozet Ave Partners, LLC,recorded in said Clerk's
Office in Deed Book 4670,page 346; 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
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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,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
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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
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. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement.
Neither the Grantor nor any person acting under the Grantor's express or implied consent shall
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modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within
the Easement or any Improvement located within the Easement; 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.
9. Grantee's right to assign. The Grantee shall have the right to assign the Easement as its
interests may require.
10. 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
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: SM CHARLOTTE VILLE, LLC
By
Its: 4 'f` t t v
COMMONWEALTH OF VIRGINIA
ITY OUNTY OF CVO r O S V‘tom..
The foregoing instrument was acknowledged before me this 1 day of
vROby frock w C. ttt((trant or.
Notary P' s is
My Commission Expires: '(t W J� W i of
ASNLEY NICOLE SIPE
Registration number: 10 (00 d Notary Public
Commonwealth of Virginia
7660510
My Commission Expires Apr 30,2019
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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,4400, Noe
GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA
JLi
Thomas C. Foley
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE: y�,
The foregoing instrument was acknowledged before me this `5 "day of vfa
�o / by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Vifginia,
Grantee.
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Notary Public
My Commission Expire' cc) I 7
Registration number: 9 .
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App owed as to form: s '"-?0 'Q
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This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902
Parcel ID Numbers 05600-00-00-03600
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT (this "Deed") is made this day of
,2016 by and between SM CHARLOTTESVILLE,LLC,a Virginia limited liability
company (the "Grantor"), to be indexed as Grantor, and the COUNTY OF ALBEMARLE,
VIRGINIA,a political subdivision of the Commonwealth of Virginia(the"County"),to be indexed
as Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of a certain parcel of land located in the County,
designated as Parcel ID 05600-00-00-03600,being the same parcel conveyed to SM Charlottesville,
LLC by deed of record in the office of the Clerk of the Albemarle County Circuit Court(the"Clerk's
Office")at Deed Book 4670,Page 346(the"Property"),more particularly shown on that certain plat
prepared by Roudabush,Gale&Associates,dated January 21,2016,last revised June 17,2016,and
entitled"SUBDIVISION OF TAX MAP 56 PARCELS 35,36&36A CHESTERFIELD LANDING
WHITE HALL MAGISTERIAL DISTRICT,ALBEMARLE COUNTY,VA",which is recorded in
the Clerk's Office in Deed Book(the "Plat"). Reference is made to the Plat for a more particular
description of the easement conveyed herein.
WHEREAS,the Grantor desires to dedicate,grant and convey to the County,and the County
is willing to accept, an easement over the Property for the purpose of allowing the County to
establish and maintain a public access trail and greenway, including authorized improvements
(collectively, the"Greenway"), subject to the terms and conditions stated in this Deed.
NOW,THEREFORE,in consideration of the recitals and the mutual benefits,covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which is
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hereby acknowledged, the Grantor hereby dedicates, grants, conveys, covenants and agrees as
follows:
1. DEDICATION, GRANT AND CONVEYANCE OF EASEMENT. For and in
consideration of ONE DOLLAR($1.00),cash in hand paid,the Grantor hereby dedicates,grants and
conveys to the County and their successors and assigns (hereafter, all references to the County
include its successors and assigns),with GENERAL WARRANTY AND ENGLISH COVENANTS
OF TITLE,a greenway trail easement(the"Easement")in gross over the Property described below,
restricting in perpetuity the use of the Property in the manner set forth herein:
That certain easement, shown and designated as "OPEN SPACE 2" on the Plat.
Reference is made to the Plat for a more particular description of the location of the
Easement.
2. PURPOSES OF THE EASEMENT. The purposes of the Easement are to establish on the
Property a segment of a countywide system of greenway trails that will link people to the area's
natural,recreational, cultural and commercial resources. As part of this system,the Easement will
serve to protect important and/or sensitive resources, provide recreational and educational
opportunities,provide an alternative transportation system, and provide an economic benefit.
3. ESTABLISHMENT AND MAINTENANCE OF THE GREENWAY. The County
shall have the right to establish and maintain at its expense a Greenway within the Easement, as
follows:
A. Public access trail. The County may establish and maintain,in its sole discretion,either
Class A or Class B trails. The trails shall be available for pedestrians and bicyclists.
B. Improvements. The County may establish and maintain the following improvements
within the Easement: (1) appropriate trail surfaces, foot bridges and associated trail structures and
culverts;(2)trail markers and signs along all trails and at all points of access;(3)barriers,fences and
gates to prevent motorized vehicular access into the Easement;(4)benches for the convenience and
comfort of the public; and(5) all other improvements that are reasonable for a public access trail.
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C. Ownership of improvements. All improvements within the Easement established by
the County shall be and remain the property of the County.
D. Right to inspect, maintain and operate the greenway. The County may enter the
easement to inspect,maintain and operate the Greenway as provided herein:
1. Right to disturb and maintain the Easement premises. The County shall have the
right to trim, cut or remove any trees,brush or shrubbery;remove and relocate fences,structures or
other obstructions; and take other similar action reasonably necessary to establish, maintain and
operate an adequate and fully functioning Greenway;provided,however,that:(1)the County,at its
own expense, shall restore as nearly as possible, repair and replace only ground cover disturbed,
damaged or removed as a result of establishing,maintaining or operating the Greenway to the extent
the restoration or replacement is consistent with its proper maintenance,operation,and use;and(2)
after the County establishes the Greenway, no trees having a diameter at breast height of four(4)
inches or greater shall be removed, destroyed or cut within the Easement except to protect public
safety,eliminate trees that are either diseased,dying or dead,or is deemed necessary in accordance
with standard arborist practices.
2. Obligation to remove trash and other debris. The County shall remove from the
Easement all trash and other debris resulting from the establishment;maintenance or operation of the
Greenway.
4. RESTRICTIONS ON USES AND ACTIVITIES IN THE EASEMENT. The County
shall have the right to regulate and restrict the uses and activities of the public within the Easement,
in its sole discretion.
5. MISCELLANEOUS PROVISIONS.
A. Easement runs with the land. The Easement shall run with the land and be binding
upon the parties, their successors, assigns,personal representatives, and heirs.
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B. Exclusivity;restrictions. The Easement is an exclusive easement. 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 the land or any improvement located within
the Easement;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.
C. County's right to assign. The County shall have the right to assign this Deed as its
interests may require. An eligible assignee shall be one that is able to perform the terms,conditions
and obligations of this Deed to assure that its purposes are fulfilled.
D. Enforcement. In addition to any remedy provided by law to enforce the terms of this
Deed, the parties shall have the following rights and obligations:
1. Action at law inadequate remedy. It is conclusively presumed that an action at law
seeking a monetary remedy is an inadequate remedy for any breach or violation, or any attempted
breach or violation, of any term of this Deed.
2. Failure to enforce does not waive right to enforce. The failure of the County to
enforce any term of this Deed shall not be deemed a waiver of the right to do so thereafter, nor
discharge nor relieve the Grantor from thereafter complying with any such term.
3. No third party right of enforcement. Nothing in this Easement shall create any
right in the public or any third party to maintain any suit or action against any party hereto.
E. Relation to applicable laws. This Deed does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
F. Severability. If any provision of this Deed is determined to be invalid by a court of
competent jurisdiction,the remainder of this Easement shall not be affected thereby.
G. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia.
H. Authority to accept easement. The County is authorized to accept the Easement
pursuant to Virginia Code § 15.2-1800.
I. Hold harmless. The County shall hold the Grantor harmless as provided in Virginia
Code § 29.1-509(E).
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WITNESS the following signatures.
GRANTOR: SM CHARLOTTESVILLE, LLC, a Virginia
limited liability co is any
By: •Ac111 ••—
lI
Name: 1 ua ,.y
Title: relwAd,,."-_ q–a.
COMMONWEALTH OF VIRGINIA
41510 COUNTY OF Goaro-vte vl tu, :
The foregoing instrument was acknowledged before me this ( day of J l ,
2016 bye► r-Cw C. 41.01/13P � \(ADM-- of SM Charlottesville, LLC, a Virginia
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limited liability company, Grantor.
A. 1 I NICOLE SIPE
1 otary ub ' Notary Public
My Commission Expires:(-1-pr 1 QUI ZQ an Common'660540�Ir9 '
Registration number: 1 L (p 0�Q MY�ommisslon Expires Apr 30. 19 GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA
By: JJ&n 46 e 'Ma,—
Thomas C. Foley
County Executive
Approved as to form:
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COM ONWEALTH OF VIRGINIA
CITY/ TY OF cr'lc f}-eS a,'I I e_ .
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The foregoing instrument was acknowledged before me this / day of
U4y , 2016 by Thomas C. Foley, as County Executive, on behalf of
Albemarle County, Grantee.
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