HomeMy WebLinkAboutSUB201600109 Deed of Easement 2016-08-30 Prepared by and after recording please return to
Woods Rogers, PLC
123 E. Main Street,5th Floor
Charlottesville,VA 22902
Tax Map and Parcel Number: 04500-00-00-112G0
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3).
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this 30th day of August, 2016 by and between HG
LAND,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 is the owner of that certain real property(hereinafter the"Property")
located in the Rio Magisterial District of Albemarle County,Virginia containing 4.167 acres,more
or less, as shown as "TMP 45-112G" containing 4.167 acres on plat prepared by W.D. Seward,
C.L.S. dated July 1, 2016, last revised August 2, 2016 attached hereto and recorded herewith
(hereinafter the "Plat");
WHEREAS, it is the desire and intent of the Grantor to dedicate,grant and convey for public
use certain easements for waterlines (the "Easement"), as shown on the Plat and pursuant to the
terms and conditions contained within this Deed of Easement,said grant and conveyance to include
all stormwater management facilities, ditches, pipes and other improvements and appurtenances
within the Easement hereby conveyed (hereinafter collectively referred to as the "Improvements,"
whether referring to Improvements to be established by the Grantor or those to be established in the
future by the Grantee) as are required to be established under Chapter 14, Subdivisions, of the
Albemarle County Code;
WHEREAS, the completion of the Improvements by the Grantor is secured by a surety as
provided under Chapter 14, Subdivisions, of the Albemarle County Code.
NOW THEREFORE,in consideration of the premises and the sum of One Dollar($1.00),cash
in hand paid,receipt of which is hereby acknowledged,Grantor does hereby GRANT and CONVEY
unto the Grantee, it successors and assigns the easements shown on the attached Plat as"New 20'
Public Drainage Easement"as hereafter set forth in the respective locations shown on the Plat and
incorporated herein by reference as follows:
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 and install Improvements in the future
it deems necessary and appropriate. The Grantee also shall have the right to reconstruct, install,
maintain,repair,change,alter,and replace existing and future Improvements(hereinafter collectively
referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of
collecting stormwater and transmitting it through and across the Subdivision, protecting property
from flooding,protecting water quality,and otherwise controlling stormwater runoff. Nothing herein
shall excuse the Grantor from their obligation to establish the Improvements as required under
Chapter 14, Subdivision, of the Albemarle County Code.
2. Ownership of the Improvements. All Improvements within the Easement,whether they
were constructed or installed by the Grantor,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 paragraph 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 paragraph 6 except as expressly
provided in this paragraph.Notwithstanding the foregoing,the Grantee expressly acknowledges and
agrees to use best efforts to avoid disturbing any paved surface or improvements located on or near
the Easement conveyed hereby to avoid damage to parking structures,curbs or other improvements
that may be constructed by the Grantor pursuant to the site plan as approved by the Grantee.
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 inspect, maintain or operate 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 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 this 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.
[Signatures on following pages]
Now
WITNESS the following signatures and seals:
GRANTOR: HG_LAND, LLC
B , . L'X' 1
Y i
Mark ahn, Mem.er-Manager
STATE OF VIRGINIA
City of Charlottesville;
The foregoing was acknowledged before me on this 30th day of August 2016 by Mark Hahn
as Member-Manager on behalf of HG Land, LLC.
--3
Registration#
1b7J1 N. :. ' 'u.lic
My Commission Exp: 1-8 TIMOTHY I KELSEY
NOTARY PUBLIC
REGISTRATION#316244
COMMONWEALTH OF VIRGINIA
YCOMMISSION
FEBRUARY28, 2019ES
GRANTEE:COUNTY OF ALBEMARLE,VIRGINIA
By: vi'iU'Y /
Thomas C. Foley, County rrecutive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this 12th day of
September , 20 16 by Thomas C. Foley, on behalf of the County of Albemarle,
Virginia, Grantee.
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Notary Public \���,,,''"',,/,,,,,
Registration# 253994 � �8, r,�,/A ''/
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My Commission Exp:June 30, 2017 QIP NOTAR.- tiN
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Ap'roved as to form:
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Community Development Document Review
County Attorney's Office
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You hay equested that our office review the attached development document identified below:
1 Drainage easement
i/ r
Shared parking agreement/easement
_ _ t Open space/greenway easement
Dedication of right-of-way
Parcel determination
Other:
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
,tt"'''
t".
t .../ ts not approved because:
ft,
:Signatures or acknowledgement need to be redone(see comment below)
Legal description needs to be revised(see comment below)
:Other(see comment below)
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Comment: L---A
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.
r
Date
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Prepared by and after recording please return to
Woods Rogers,PLC
123 E.Main Street,5th Floor
Charlottesville,VA 22902
Tax Map and Parcel Number: 04500-00-00-112G0
This deed is exempt from taxation under Virginia Code§ 58.1-811(A)(3).
DEED OF EASEMENT
,a1:,
THIS DEED OF EASEMENT is made this 3___ day of August, 2016 by and between HG
LAND, LLC, a Virginia limited liability company, Grantor, and the COUNTY OF
ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of Virginia,Grantee.
WITNESSETTI:
WHEREAS, the Grantor is the owner of that certain real property (hereinafter the
"Property") located in the Rio Magisterial District of Albemarle County, Virginia containing
4.167 acres, more or less, as shown as "TMP 45-112G" containing 4.167 acres on plat prepared
by W.D. Seward, C.L.S. dated July 1, 2016, last revised 82...WI attached hereto and
recorded herewith(hereinafter the"Plat");
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey for
public use certain easements for waterlines (the"Easement"), as shown on the Plat and pursuant
to the terms and conditions contained within this Deed of Easement, said grant and conveyance
to include all stormwater management facilities, ditches, pipes and other improvements and
appurtenances within the Easement hereby conveyed (hereinafter collectively referred to as the
"Improvements,"whether referring to Improvements to be established by the Grantor or those to
be established in the future by the Grantee) as are required to be established under Chapter)2
Subdivisions,of the Albemarle County Code; 11
WHEREAS, the completion of the Improvements by the Grantor is secured by a surety as
provided under Chapter 18, Subdivisions, of the Albemarle County Code.
NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00),
cash in hand paid, receipt of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY unto the Grantee, it successors and assigns the easements shown on the attached Plat
as "New 20'-ACSA Waterline Easement" and "New 10'-ACSA Waterline Easement" as
(t
hereafter set rth in the respective locations shown on the Plat and incorporated herein by
reference as f lows:
Nur
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 and install Improvements in the
future it deems necessary and appropriate. The Grantee also shall have the right to reconstruct,
install, maintain, repair, change, alter, and replace existing and future Improvements (hereinafter
collectively referred-to as "inspecting, maintaining and operating"or derivations thereof) for the
purposes of collecting stormwater and transmitting it through and across the Subdivision,
protecting property from flooding,protecting water quality,and otherwise controlling stormwater
runoff. Nothing herein shall excuse the Grantor from their obligation to establish the
Improvements as required under Chapter Subdivision,of the Albemarle County Code.
2. Ownership of the Improvements. All Improvements within the Easement,whether they
were constructed or installed by the Grantor, 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. b:gitg jimataijagilLaniummkthgammots. 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 paragraph if to do so would be inconsistent with the proper
maintenance or operation of the Improvements. In addition, neither the Grantee nor any other
%re Nimal
public agency, including the Virginia Department of Transportation, shall be responsible for
conducting routine maintenance as described in paragraph 6 except as expressly provided in this
paragraph.Notwithstanding the foregoing,the Grantee expressly acknowledges and agrees to use
best efforts to avoid disturbing any paved surface or improvements located on or near the
Easement conveyed hereby to avoid damage to parking structures, curbs or other improvements
that may be constructed by the Grantor pursuant to the site plan as approved by the Grantee.
6. Right of Granter 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 inspect, maintain or operate 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
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 this 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.
[Signatures on following pages]
WITNESS the following signatures and seals:
GRANT° •HG LAND,LLC
By: t.. f
Mark Hahn,Member-Manager
STATE OF VIRGINIA
City of Charlottesville;
The foregoing was acknowledged before me on this t.3 day of August, 2016 by
Mark Hahn as Member-Manager on behalf of HG Land,LLC.
JO if /
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Registration# l 0Be 1 D
My Commission Exp: 1/130/1q t :7, .,..,_.. . ...
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loriere 44,000
GRANTEE:COUNTY OF ALBEMARLE,
VIRGINIA
By.
Thomas C. Foley,County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was. -acknowledged before me this day of
, 20 by Robert W. Tucker, „Tr., on behalf of the County of
Albemarle,Virginia,Grantee,
Notary Public
Registration#
My Commission Exp:
Approved as to form:
County Attorney
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— Qom.
COUNTY OF ALBEMARLE vrnTON
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: August 31, 2016
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB2016-109 Harvest Moon Easement Plat
Date Submitted: 8/30/16
Greg:
Attached is the revised deed for the above plat. I have reviewed it against the changes you
requested, and they have addressed everything. I believe it is ready to be sent to Tom for
signature.
I have included your comments as reference.
Let me know if you have any questions or need anything else.
Thank you,
Megan Yaniglos