The URL can be used to link to this page

Home My WebLink AboutSUB201600175 Agreements Easement Plat 2017-05-18Page 1 of 9 T C A O X R P E X E M P T ■■ M no 005552 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [5/1812017 } Instrument Type: [DOD -PL } Number of Parcels [ 1 ] Number of Pages [ 7] Illllllllltiiltltttliitlllltl Itltlllllllllllllllllllllltll IllltllltllllllltltillOg559740007 TV 1e37 O9 pC1 at 0 poc ded; "'1,81,20" i of 1 dee Amt' $County. clerk Ajne cu 4t r Zu pma00o5552 2� F ilei '2017- 0o 6'>• $,'49 City L-1County L -&J [Albemarle County ] (Box for Deed Stamp OnlI irst and Second grantors Last Name First Name I Middle Name or Initial Suffix [Davis ] [Benjamin ] [Neil ] [ ] First and Second Qrantees Last Name First Name Middle Name or Initial Suffix [County of Albemarle Virgi ] L l I l L l Grantee Address (Name) [County of Albemarle, Virginia ] (Address 1) [Albemarle County Attorney ] (Address 2) 1401 McIntire Road ] (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance 10.00 ] Prior Instr. Recorded at: City ❑ County [ ] Percent. in this Juris. [ 900] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [04400 00 00 020BO ] Tax Map Num. (if different than PIN) [04400 00 00 020BO ] Short Property Description 11.35 acres +- SR 676 Woodlands Road ] [ ] Current Property Address (Address 1) [* ] (Address 2) [ ] (City, State, Zip) [* ] [ ] [ ] 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 [COURT SQUARE TITLE [Albemarle County Attorney [401 McIntire Road I [Charlottesville [Craig ] [ l [VA ] [22902 ------------------- Book: 4910 Page: 517 HeNumber:2017-00005552 Seq: 1 Page 2 of 9 This document was prepared by: 005552 Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Number 04400-00-00-020BO This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3). DEED OF DEDICATION AND EASE .NT THIS DEED OF EASEMENT is made this 2nd day of May, 2017 by and between BENJAMIN NEIL DAVIS, 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 "New 60' Wide SWM Forest and Open Space Easement (1.35+/ - Acres)" to be dedicated to public use, shown on the plat of Roger W. Ray & Assoc. Inc., dated August 11, 2016, last revised February 17, 2017, entitled "Plat Showing New 60' Wide Stormwater Management Easement (1.35+/- Acres) on Tax Map 44, Parcel 20B The Property of Benjamin Neal (sic) Davis Located on State Route 676 (Woodlands Road) and South Fork Rivanna River Resevoir", a copy of which is attached hereto to be recorded with this deed (hereinafter, 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 Jack Jouett Magisterial District of the County of Albemarle, Virginia, designated as Parcel 3, containing 21.02 acres on a plat by William S. Roudabush, Inc., dated February 2, 1982 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 733, page 585, also being the same property conveyed to the Grantor by deed of Martha Jefferson Hospital, a Virginia non -stock corporation, recorded in said Clerk's Office in Deed Book 4592, page 252; and WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities Book: 4910 Page: 517 FileNumber:2017-00005552 Seq:2 Page 3 of 9 and Other Techniques" (hereinafter, the "Maintenance Agreement"), a fully executed copy of which is attached to this deed as Exhibit A, in which the Grantor has agreed to construct and maintain on-site stormwater management/BMP facilities; and WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permission to the County, including its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary; and the Maintenance Agreement also provides in part that, in the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies. WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey an Easement for public use in accordance with this Deed of Dedication and Easement. 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 easement as shown on the Plat and as referred to herein as the Easement. The Easement shall be subject to the following: 1. Right of ingress and egress. The Grantee and its authorized agents and employees shall have the right and easement of ingress and egress over the Property to perform all acts to which the parties have agreed it may perform under the Maintenance Agreement. 2. Ownership of the facilities. The stormwater management/BMP facilities required to be constructed and maintained by the Grantor under the Maintenance Agreement shall be and remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed to be an assumption of ownership or control by the Grantee over the stormwater management/ BMP facilities subject to the Maintenance Agreement. 3. No obligation on Grantee to inspect or maintain. This Deed of Dedication and Easement shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain the stormwater management/BMP facilities subject to the Maintenance Agreement. 4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its 2 Book: 4910 Page: 517 FileNumber:2017-00005552 Seq:3 Page 4 of 9 interests may require. 5. 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 THE FOLLOWING PAGES] Book: 4910 Page: 517 FileNumber:2017-00005552 Seq:4 Page 5 of 9 WITNESS the following signatures. GRANTOR: Benjarnln eil Davis COMMONWEALTH OF VIRGINIA -C-�/COUNTY OF Atb-.marl 2i The foregoing instrument was acknowledged before me this -4-day of May, 2017 by Benjamin Neil Davis, Grantor. My Commission Expires: S111018 Registration number: g $ 4 5 U 3 O Notary Public GrstRAT114136,5 :CdMM. E� Np Z = � /31208 j ORFS:' or'..... Book: 4910 Page: 517 FileNumber:2017-00005552 Seq:5 Page 6 of 9 [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA ouglas C. alker Interim County Executive The foregoing instrument was acknowledged before me this /0 day of May, 2017 by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Not ry Public My Commission Expires: Registration number: C �.•��`;��. -,� 'f Nara =2 Approyfd as to form: ��i �• �2539°..•'tea �. Co #y Attorney Book: 4910 Page: 517 FileNumber:2017-00005552 Seq:6 Pa THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND,NEW 60'WIDE SWM FOREST AND OPEN SPACE EASEMENT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER(S),PROPRIETORS, AND/OR TRUSTEES,IF ANY. -(2 1, BENJAMIN NEIL DAVIS CI'T'Y/COUNTY OF\\`.`\` A 011MIID�o STATE OF INSTRUMENT ;��'�� THE FOREGOING WAS oM�NwFq�;tii�%�= ACKNOWLEDGED BEFORE ME THIS _ REGISTRATION NC) 9Z _DAY OF m 2017. = 7365630 - MY comm. EXPIRES: BY BENJAMIN NEIL DAVIS p8�3v201a O'•FVIRGIN�P•'G \\$ T \ . I RY+Q�ygL\\10 NOTARY PUBLICOA411� REGISTRATION #'1305V-(130 MY COMMISSION EXPIRES Lal I 2o1r APPROVED FOR RECORDATION AGENT FOR THE BOARD OF op O�.q;jSj%LT1j 0p BRIAN kRAY Lic. No. 002281 � Y J VISORS GREEN MEADOWS LANE/ 576 WOOD AD DS IT E LAWRENCE ROAD WYNGATE HOLLY ROAD KNOLL LANE a4/ s ZF'9�0 67b WOODLANDS ROAD (GRANT INGS ,DRIVE VICINITY MAP SCALE: i" = 2000'+/ - THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. A. PROPERTY ZONED RA(FLOOD HAZARD OVERLAY). B. NO DEVELOPMENT RIGHTS ARE AFFECTED BY THIS PLAT. C. THIS PROPERTY LIES WITHIN THE SOUTH FORK RIVANNA WATER SUPPLY WATERSHED. D. ACCORDING TO THE ALBEMARLE COUNTY GIS WEBSITE,THIS PROPERTY LIES WITHIN THE IVY CREEK AGRICULTURAL -FORESTAL DISTRICT. E. THE APPROXIMATE LOCATIONS OF THE STREAM AND STREAM BUFFERS SHOWN HEREON WERE TAKEN FROM THE COUNTY OF ALBEMARLE GIS DATA AND SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. F_ ACCORDING TO THE COUNTY OF ALBEMARLE GTS WEBSITE,THIS PROPERTY IS SUBJECT TO THE (STATE) DAM BREAK INUNDATION ZONE. THE APPROXIMATE LOCATION OF THE STATE DAM BREAK INUNDATION ZONE SHOWN HEREON WAS TAKEN FROM THE COUNTY OF ALBEMARLE GIS DATA. GL NOTES: 1. OWNER (S) AND ADDRESS: BENJAMIN NEIL DAVIS 430 SOLACE LANE EARLYSVILLE, VIRGINIA 22936 2. NO FIELD WORK WAS PERFORMED IN PREPARATION OF THIS PLAT. ALL BOUNDARY DATA SHOWN HEREON WAS TAKEN FROM THE SUBDIVISION PLAT RECORDED IN D.B.733-5B5 AND WAS NOT RESURVEYED THIS DATE. 3. NO TITLE REPORT FURNISHED. THIS PROPERTY IS SUBJECT TO ANY CONDITIONS,UTILITIES, EASEMENTS AND/OR COVENANTS THAT MAY EXIST. 4. THE SWM FOREST AND OPEN SPACE EASEMENT IS SUBJECT TO THE GUIDANCE SET FORTH BY DEQ IN THE VIRGINIA STORMWATER MANAGEMENT PROGRAM.THE AREAS WILL REMAIN UNDISTURBED IN A NATURAL, VEGETATED STATE, EXCEPT FOR ACTIVITIES AS APPROVED BY THE LOCAL PROGRAM AUTHORITY,SUCH AS FOREST MANAGEMENT,CONTROL OF INVASIVE SPECIES, REPLANTING AND REVEGETATING,PASSIVE RECREATION (E. G., TRAILS) , AND LIMITED BUSH HOGGING TO MAINTAIN DESIRED VEGETATIVE COMMUNITY(BUT NO MORE THAN FOUR TIMES A YEAR) . PLAT SHOWING NEW 60'WIDE STORMWATER MANAGEMENT EASEMENT(1.35+/- ACRES) ON TAX MAP 44 PARCEL 208 THE PROPERTY OF BENJAMIN NEAL DAVIS LOCATED ON STATE ROUTE 676(WOODLANDS ROAD) AND SOUTH FORK RIVANNA RIVER RESERVOIR JACK JOUETT MAGISTERIAL DISTRICT ALBEMARLE COUNTY,VIRGINIA SCALE: I" = 200' DATE: AUGUST 11, 2016 REVISED: JANUARY 17,2017 FOR REVISED: FEBRUARY 17, 2017 BEN DAVIS ROGER W.RAY 6 ASSOC.,INC. 663 BERKMAR COURT CHARLOTTESVILLE,VIRGINIA 22901 TELEPHONE: (434) 293-3195 RAYSURVEYING.COM SHEET 1 OF 2 14325B Page 8 of 9 lD W F- O Q FF -- a F - [n GL DENOTES APPROXIMATE LOCATION OF AREA WITHIN /A_4 ZONE AE(100 YEAR FLOOD PLAIN & FLOODWAY AREA) ACCORDING TO THE FIRM FLOOD INSURANCE RATE MAP,EFFECTIVE DATE FEBRUARY 4,2005(COMMUNITY PANEL 510006 0260D).58.. TPARCEL22AN30'30'20'W '-� E �0 -�98.85' •1 50,00. _ - ~`-� N52'46' Q3"E --� S17 '29' 08"E cn a I',r N30 '59 ' 10 "W ~-�---r---�" 100.00 ' T . M . 44-12V 156.15'--�--�'-� APPROXIMATE o f �--� LOCATION '--�_ �� T . M. 44-20B INUNDATION ZONE 528153274"E I SZ� . ��- PARCEL 3 16 5$" �- '� 21.02+/- ACRES w S30'37'18tE j 9•Ig �� BENJAMIN NEIL DAVIS u- 79.43' 0p,grq 0.8.4592-25 •�C' 1 SOUTH FORK �� \�� EAM B�FFEA D.B.733-585 PLAT m RIVANNA 100 oRIVER rI*� i RESERVOIR T.M.44-20C �1 s _ , AP OCATION E LO /ti0 PARCEL 4 �_- ----_ int T'9cc (STATE) DAM BREAK --� S61 '29 ' 40 "W 679.09 '�� 2�1 �1 �M $AFF INUNDATION ZONE CU ~ 0� 772«--� ZI 485 00 519 37 50 �I 6q 3 �•.:1ss �- NEW 60 ' W IDE 56 T. M. 44-210 SWM FOREST AND T. M. 44-200 OPEN SPACE EASEMENT PARCEL 5 (1.35+/- ACRES) T.M.44-20G PARCEL 8 SCALE: 1" = 200' DATE: AUGUST 1 i, 2016 REVISED: JANUARY 17,2017 REVISED: FEBRUARY 17, 2017 GRAPHIC SCALE 1"=200' ROGER W.RAY & ASSOC..INC. 663 BERKMAR COURT 0 200 400 600 CHARLOTTESVILLE, VIRGINIA 22901 7C 1a 1 1� TELEPHONE: (434) 293-3195 �,,,, RAYSURVEYING.COM 77``�� SHEET 2 OF 2 14325B Book: 4910 Page: 517 FileNumber:2017-00005552 Seq:8 Page 9 of 9 'ee RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON MAY 18, 2017 at 1:37:09 PM AS REQUIRED BY VA CODE §68.1-802 STATE: $0.00 LOCAL: $0.00 ALSEMARURI�T TY, VA JON R. ZUG CLERK Book: 4910 Page: 517 FileNumber:2017-00005552 Seq:9