HomeMy WebLinkAboutSUB201500061 Agreements 2017-04-19This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road, Suite 325
Charlottesville, Virginia 22902
Parcel ID Number 061W1-00-00-10000
This deed is exempt from taxation under Virginia Code § 58.1-811(A) (3) and from the Circuit Court Clerk's fees
under Vrrginia Code S 17.1-266.
DEED OF DEDICATION
THIS DEED OF DEDICATION is made this 21st day of February, 2017, by and
between TURTLE CREEK HOME OWNERS' ASSOCIATION (hereinafter, the "Grantor"),
and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth
of Virginia (hereinafter, the "Grantee")
WITNESSETH:
WHEREAS, the Grantor administers the real property located in Turtle Creek
Condominium in Albemarle County that is described below and hereinafter referred to as the
"Property;"
WHEREAS, the Virginia Department of Transportation ("VDOT") is requiring the
establishment of a sight distance easement along Hydraulic Road as it fronts the Property, whose
location is depicted on the attached Plat as "Prop. Perm. Esmt. For Maint. Of Sign Daylighting"
(the "Sight Distance Easement");
WHEREAS, the Grantor offers to grant, convey and dedicate to the County Perpetual
Street Easements and a Sight Distance Easement for public use, namely, a public right-of-way for a
public sidewalk and other public purposes; and
WHEREAS, the Grantee is willing to accept the Grantor's offer of dedication.
1
NOW, THEREFORE, in consideration of the mutual promises, the Grantor hereby
grants, conveys, and dedicates for public use to the Grantee, its successors and assigns, the
perpetual right and easement to construct, reconstruct, alter, operate and maintain a public
sidewalk, including any necessary appurtenances thereto, drainage and/or utilities, over, upon and
across the following real property, to wit:
All those certain parcels of Iand situated in the County of Albemarle, Virginia, located on
Hydraulic Road, containing 861 square feet, 29 square feet, and 1,281 square feet, more or
less, respectively, shown as "Proposed Perpetual Street Esmt. `A' Hereby Dedicated to
Public Use'", "Proposed Perpetual Street Easement 'B' Hereby Dedicated to Public Use"',
and "Proposed Perpetual Street Esmt. `C' Hereby Dedicated to Public Use'", respectively,
on a plat by H&B Surveying and Mapping, LLC, dated December 7, 2015, and last revised
June 3, 2016, titled "A Plat Showing a New Temporary Construction Easement,
Permanent Site Distance Easement & Perpetual Street Easement Across Tax Map 61W1-
10000, Located on Hydraulic Road, Albemarle County, Virginia," a copy of which is
attached hereto and to be recorded with this deed (the "Plat"). Reference is made to the
plat for a more particular description of the location of the described lands.
This Parcel is a portion of Albemarle County Parcel ID 061W1-00-00-10000, and a
portion of the Common Elements of Turtle Creek Condominium pursuant to Ianguage in
an Amendment to a Declaration, dated July 28, 1983, recorded in the Clerk's Office of the
Circuit Court of the County of Albemarle, Virginia, in Deed Book 771, page 438. The
Grantor is the unit owners association for Turtle Creek Condominium and is acting by and
through its President as duly authorized by resolution of the Board of Directors of the
Grantor.
The Grantor does further GRANT and CONVEY unto the Grantee that certain Sight
Distance Easement depicted on the Plat, to be located as shown on the Plat, for the purpose of
establishing and maintaining an unobstructed line of sight along Hydraulic Road at an elevation of
no less than thirty inches above ground level in conformance with the applicable VDOT standards.
The Sight Distance Easement shall be subject to the following:
1. Structures or plantings more than 30 inches aboveground level prohibited. Within
the Sight Distance Easement, neither the Grantor nor any successor or assign shall establish
structures, facilities or plantings that obstruct the line of sight at an elevation of thirty (30) inches
2
above ground level. Any plantings within the Sight Distance Easement area shall only be low
growing ground cover or dwarf varieties of plants and shall not exceed twenty-four (24) inches in
height.
2. Right of the Countv and VDOT to maintain. The County and VDOT, and their
respective employees, agents, independent contractors, volunteers, successors and assignees, shall
have the right to trim, cut and remove trees, shrubbery, fences, structures and other obstructions
within the Sight Distance Easement, including any such obstructions existing within the Sight
Distance Easement on the date of the grant and conveyance of this Sight Distance Easement, that
exceed the height of thirty (30) inches above ground level.
The Grantor does further GRANT and CONVEY unto the Grantee that certain
temporary construction easement shown and labeled "New Temporary Construction Easement"
on the Plat. The conveyance of this temporary construction easement includes the right of ingress
and egress for the above-mentioned purpose. The temporary construction easement shall expire
upon completion of construction. The improvements constructed shall be the property of the
Grantee.
This conveyance is made subject to all easements, reservations, restrictions and conditions,
if any, contained in duly recorded deeds, plats and other instruments constituting constructive
notice in the chain of title to the above-described property which have not expired by a time
limitation contained therein or have otherwise not 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 this property pursuant to Virginia Code S 15.2-1803, as evidenced by the County Executive's
signature hereto and the recordation of this Deed.
3
[SIGNATURES ARE ON THE FOLLOWING PAGES}]
GRANTOR: TURTLE CREEK HOME
OWNERS' ASSOCIATION
Y
es Chabot, Presi
COMMONWEALTH QF VIRGINI
CI IY/C 'Y OF Ciba r li #4, -//e
The foregoing instrument was acknowledged before me this �� day of
-6 6 tv,«,k , 2017 by Charles Chabot, President on behalf of Turtle Creek Home
Owners' Association, Grantor.
— — - N6bl3' Pub is ---
My Commission Expires: 3uld
Registration No. —_ fid " `i Y
5
Judy Mae Breeden
Commonwealth of Virginia
Notary Public
Commission No. 102078
My Commission Expires 1213112020
GRAN'T'EE: COUNTY OF MARLS, VIRGINIA
By:
ouglas C Walker
Interim County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this day of
t-; r N— , 2013- by Douglas C. Walker, Interim County Executive, on behalf
of &e County of Albemarle, Virginia, Grantee. - 1
Notary Public
My Commission Expires: �o �i o /
Registration No.
Approved as to form:
A "I
��` � . i,�F�•j,� .ms's
r
� LIc
. ` ,0