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This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Numbers 05500-00-00-109AO and 05500-00-00-11000
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF EASEMENT is made this 2� day of Aior.l , 2017 by and
between FROEHLING & ROBERTSON, INC. (the "Grantor"), and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
"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 "PROPOSED FOREST AND
OPEN SPACE EASEMENT" to be dedicated to public use, shown on the plat of
Balzer and Associates, Inc., dated July 29, 2016, entitled "PLAT SHOWING A
PROPOSED FOREST AND OPEN SPACE EASEMENT, A PROPOSED
VARIABLE WIDTH SWM ACCESS EASEMENT, A PROPOSED 35'
PRIVATE ACCESS EASEMENT, AND A PROPOSED 35' SWM ACCESS
EASEMENT ACROSS TAX MAPS #55-110 & #55-109A, WHITE HALL
DISTRICT, COUNTY OF ALBEMARLE, VIRGINIA," 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 those certain lots or parcels of
land situated in the White Hall Magisterial District of the County of Albemarle, Virginia,
designated as TMP 05500-00-00-11000 and TMP 05500-00-00-109AO on a plat by Gloeckner &
Osborne, Inc., dated April 9, 1990 and recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 1122, page 212, also being the same property
conveyed to the Grantor by deed of Dan R. Weast and Sandra J. Weast, husband and wife, and
Glen A. Weast and Ella Weast, husband and wife, recorded in said Clerk's Office in Deed Book
1124, page 313; and
Version: 03/31/17
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities
and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's
Office in Deed Book 4900, page 303, 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 Grantor, 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. Ri ht 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.
2
Version: 03/31/17
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
interests may require.
5. Bindingeffect. ffect. 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.
6. Termination of Easement. If the Grantor, or its successors or assigns, desires to alter or
vacate a portion or all of the easement(s), the Easement may be adjusted accordingly if the
County Engineer certifies in writing that the proposed modifications meet requirements of
9VAC25-870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be
amended in the future. In addition to meeting these requirements, the Grantor shall mitigate for
any loss of nutrient credit reductions provided in the stormwater calculations for the Property
described in the Maintenance Agreement as a result of such alteration or vacation. Upon
termination of any portion of the Easement(s), any reside of the Easement shall remain subject to
this Deed of Dedication and Easement. The termination of any portion of the Easement(s) shall
be recorded, at the sole expense of the Grantor, in the Circuit Court of Albemarle County upon
approval of the Albemarle County Attorney.
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.
3
Version: 03/31/17
WITNESS the following signatures.
GRANTOR: FROEHLING & ROBERTSON, INC.
Timoth A. Glynn
Chief AnaicialOfficer
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF� A -
The foregoing instrument was acknowledged before me this o?e day of / ,
2017 by Timothy A. Glynn, as Chief Financial Officer of Froehling & Robertson, Inc., a Virginia
corporation, Grantor, on behalf of the corporation.
My Commission Expires:
Registration number: -1 � 15 3 3
�tWary Public
�••���55A. ANAV"
COY
CD 11
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version: 03/31/17
GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA
TTouglas C. Walker `
Interim County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this /(�/I` day of ,
2017 by Douglas C. Walker, Interim County Executive, on behalf of the County of Al emarle,
Virginia, Grantee.
Notary Public
My Commission Expire : �c 3� e-z/
Registration number: '4 S5 99 4
Approved as to rm: _
I
COmy Attorney
8LIC r �l
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Version: 03/31/17
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RECORDED IN CLERK'S OFFICE OF
ALBEMARLE ON
MAY 18, 2017 at 2:59:53 PM
AS REQUIRED BY A CODE §58.1-802
STATE: $0.00 LOCAL: $0.00
1� AALBEMARLE OU TY,VA
JON R. ZKa