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HomeMy WebLinkAboutZMA200600016 Other Zoning Map Amendment 2008-05-20ROUDABUSH, GALE & ASSOCIATES, INC. OCTOBER 29, 2007 ENGINEERS, SURVEYORS AND LAND PLANNERS SHEET A PROFESSIONAL CORPORATION SCALE: 1100 SERV/NG VIRGINIA SINCE 1956 914 MONTICELLO ROAD - CHARLOTTESVILLE, VIRGINIA 22902 s r 1\3 / PHONE 804-9T7-0205 - FAX 804296-5220 - EMAIL INFOOROUDABUSH.COM FILE: 387 TMP 94-16A EXHIBIT SHOWING EXISTING PRD. BOUNDARY n nin oonon cin oon Qni inin n o v NE A MFS i 0NF No��r 3�2 ROUDABUSH, GALE & ASSOCIATES, INC. ENGINEERS, SURVEYORS AND LAND PLANNERS ® A PROFESSIONAL CO /ON gA SERV/NG VIRGINIA SINCE 1 1956 914 MONTICELLO ROAD -CHARLOTTESVILLE, VIRGINIA 22902 s r \ PHONE 804-9T7-0205 - FAX 804296-5220 - EMAIL INFOOROUDABUSH.COM �pG ?J PPP EP F�pO 1po 0o ZONE r FLU / ANG Lp�E EXIST 2007 I SHEET SCALE: 1 " = 100 FILE: 387 2\3 SCALE 1" = 300' 300 150 0 300 600 SCALE IN FEET TOTAL GREENWA Y AREA = 43.45 ACRES AREA IN TMP 93A 1-1 - 20.75 ACRES AREA IN GOLF COURSE - 15.19 ACRES AREA INP 2B COMMON AREA - 7.51 ACRES AREA IN ORIGINAL GREENWA Y - 28.47 ACRES (100' STRIP ALONG RIVER) ADDITIONAL AREA TO BE DEDICATED - 14.98 ACRES O o°°°p ° o°380oo0poopo°o0p0 ° lop°o°°°°o° ° ° 00,00 00000 ooooo o°o°0 opo ° � CANNA0op0p0 ���� �o°° °� oo 1)o r, A, rrq 71 f ' ' 22 ,p �� SE 000 GOLF TMP 93A 1-1 1 )o 00 \ 0°o°p0°p°p° 1� 00- 0°00°0°°0 \ 0 0 o p o 0 9341\ p1)°00 00 TO 1)O °p� 000 0 00 0°0 000 00000p °000000o00 0°0000 00, °01)00 .C` 0 0 c C o GLENMORE GREEN WA Y TRAIL FINAL EXHIBIT JUNE 78Z 2007 .� 0 0°pp o o zx zxx zzx S� TMS' -9J4 q^ \ . Dp00°p°000°00000°00°00000°Op ** *zxx***#x** /I/�/ ° ° ° °° ° ° °O°Dp°O°°°° °°°°°°0°° p 0O * * * * z z z x* M* z z x � F CDURS� sFcr * * /LJMON41%4� x x * \ z z z x x * x z x x x * z x x x z x x z z x . - o f v 1 Exhibit A to Proffers for ZMA #2006-016 Albemarle County A Portion of TMP#s 93A1-1 and 93A2 -1A PREPARED BY: McGuireWoods LLP EXEMPTED FROM RECORDATION TAXES UNDER THE VIRGINIA CODE (1950), AS AMENDED SECTION 58.1-811 (3) This DEED OF GIFT and EASEMENT AGREEMENT made this day of 200, by and between GLENMORE ASSOCIATES LIMITED PARTNERSHIP, a Virginia limited partnership, Grantor, of the first part, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee of the second part, whose address is 401 McIntire Road, Charlottesville, Virginia 22902; WITNESSETH: The Grantor does hereby GRANT, GIVE and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the County of Albemarle, Virginia, the following described real property: All that certain lot or parcel of land, lying and being in Albemarle County, Virginia, containing acres, more or less, shown as on a plat titled dated , 200_ made by Roudabush, Gale & Associates, Inc. attached hereto and recorded herewith; SUBJECT TO the hereinafter reserved easements and conditions; BEING a portion of the same property conveyed to the Grantor herein named by deed from dated of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page the "Property"). Further, the Grantor does hereby GRANT, GIVE and CONVEY with GENERAL WARRANTY OF TITLE unto the County of Albemarle, Virginia, the following described easement: Specific Location of Access Easement to be Agreed Upon by Grantor and County] (the "Access Easement") As evidenced by the signatures of the parties to this deed, this conveyance fulfills in its entirety proffer no. 6 of "ZMA-79-016" dated April 5, 2000 (such proffer intended to be proffer no. 6 of "ZMA-97-016") and proffer no. 2 of ZMA 2006-16, made by the Grantor and is made subject to the following agreements and conditions which shall run with the Property, the lands of the Grantor, and shall further benefit the owners of lots in the Glenmore Subdivision whether currently platted or platted in the future: a) The use of the Property shall be restricted to use by the public only for the purposes of walking, jogging, running, hiking, bicycle riding, nature study, cross-country skiing, and other similar outdoor activities consistent with the Albemarle County Greenway Plan as set forth in the Albemarle County Comprehensive Plan. All motorized vehicles, including, but not limited to, motorcycles, motor bikes, 4 -wheel drives, all terrain vehicles, snowmobiles, automobiles, trucks and the like, shall be prohibited at all times, provided however, that the Grantee may permit motorized machinery, equipment and vehicles of Grantee operated for maintenance purposes only. The Grantee shall not permit the public or any other party to use the Property for any use not expressly permitted herein and shall take all reasonable steps to enforce this provision. b) The Grantee shall erect "Private Property — Do Not Enter" signs in locations along the perimeter of the Property in the general locations shown on the map attached hereto as The signs are subject to the approval of the Grantor as to size, design and color. Grantee, in a timely manner, shall be responsible for the initial creation, installation, maintenance, and replacement of the signs so they are always legible and in good condition. N c) The Grantee shall place necessary signs in appropriate locations warning the public of the possible danger of stray golf balls from the golf course at Glenmore Country Club in the general locations shown on Such signs are subject to approval by the Grantor as to location, size, design and color. Grantee, in a timely manner, is responsible for the initial creation, installation, maintenance, and replacement of the signs so they are always legible and in good condition. To the fullest extent permitted by law, the Grantee shall indemnify, defend and hold the Grantor harmless from any and all claims and costs including, but not limited to, legal fees, due to any claims or law suits from anyone making use of the Property who may claim injury from stray golf ball(s) originating from the golf course at Glenmore Country Club. The Grantee shall add the Grantor as an additional insured to its general liability insurance policy for claims or lawsuits from anyone claiming injury from a stray golf ball originating from the golf course at Glenmore Country Club. d) The Grantee covenants to timely mow and to keep the Property, its pathways and trails in good condition by periodically at regular intervals removing trees overhanging the pathways and trails, removing poison ivy in the proximity of pathways and trails, promptly removing fallen trees, flood debris and other obstructions from the pathways and trails, promptly removing litter, and maintaining signs and other improvements. The Grantor reserves the right to mow and/or repair the Property as it may deem advisable, in its sole discretion, but such actions shall not negate the responsibility of the Grantee for items set forth herein. e) The Grantee's Department of Parks and Recreation shall monitor the Property, including the area along the common boundary of the Property with Glenmore Subdivision, approximately once per week. The monitoring shall be performed by a ranger or other person designated by the Grantee to monitor the Property. The purposes for monitoring the Property 3 include identifying the need for maintenance of and maintaining the trails, signs and other improvements on the Property, observing the public's use of the Property, and assuring to the extent practical that persons using the Property do not make unauthorized entry from the Property into Glenmore Subdivision. Representatives of the Grantee's Department of Parks and Recreation shall be permitted entry through the main gates of Glenmore Subdivision and over the Access Easement. Representatives of the Grantee's Department of Parks and Recreation shall only be permitted access onto the Property at the location of the Easement. In no event shall any representative of the Grantee be permitted entry onto the Golf Course at Glenmore Country Club. Grantee, at its own expense, shall promptly restore, replace and repair any ground cover or improvements disturbed, damaged or removed as a result of Grantee's ingress and egress over the Access Easement. The Grantor reserves the following uses and easements over the Property in perpetuity for its benefit, its successors and/or assigns and for the owners of lots in the Glenmore Subdivision as follows: a) Reserves for the owners of lots in Glenmore Subdivision including future platted areas and lots, as well as for their guests, the use of the horse path(s) as they currently exist on the Property for the riding of horses and ponies on a twenty-four hour per day, seven day per week basis regardless of whether the Grantee shall cease to use the Property as a Greenway. b) Reserves for the owners of lots in Glenmore Subdivision including future platted areas and lots, as well as for their guests, the use of the Property for purposes of walking, jogging, running, hiking, bicycle riding, nature study, cross-country skiing, and other similar outdoor activities on a twenty-four hour per day, seven day per week basis regardless of whether the Grantee shall cease to use the Property as a Greenway. c) Reserves across the Property easements for all existing drainage areas and pipes as they currently exist or as may be needed in the future for drainage to the Rivanna River including the right of access for installation, repair and replacement. d) Reserves easements for all current irrigation pipes, pumps and equipment as they cross the Property for the pumping of water from the Rivanna River to the golf course at Glenmore Country Club, and other properties of the Grantor with the right of access for repair and replacement of pipes and equipment and additional installations. e) Reserves easements across the Property for motorized machinery, equipment and vehicles of the Grantor, it successors and assigns as operated for the purpose of maintaining the Property or the Grantor's retained property. 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 and Easement Agreement. This conveyance is made subject to easements contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise become ineffective and any lien, inchoate or otherwise for real estate taxes or assessments not yet due and payable. SIGNATURE PAGES FOLLOW] E WITNESS the following signatures and seals: GLENMORE ASSOCIATES LIMITED PARTNERSHIP, a Virginia limited partnership BY: The Frank A. Kessler Declaration of Trust dated November 18, 1996, as amended, General Partner SEAL) Michael D. Comer, Successor Trustee John F. Gaffney, Successor Trustee COMMONWEALTH OF VIRGINIA OF , to wit: The foregoing instrument was acknowledged before me this day of 2007, by Michael D. Comer, Successor Trustee under Frank A. Kessler Declaration of Trust dated November 18, 1996, as amended, General Partner of Glenmore Associates Limited Partnership. Notary Public My Commission Expires: My Notary Registration Number: COMMONWEALTH OF VIRGINIA OF , to wit: The foregoing instrument was acknowledged before me this day of 2007, by John F. Gaffney, Successor Trustee under Frank A. Kessler Declaration of Trust dated November 18, 1996, as amended, General Partner of Glenmore Associates Limited Partnership. My Commission Expires: My Notary Registration Number: Notary Public Co APPROVED AS TO FORM: County Attorney COUNTY OF ALBEMARLE, VIRGINIA I:• Robert W. Tucker, Jr. County Executive COMMONWEALTH OF VIRGINIA OF , to wit: The foregoing instrument was acknowledged before me this day of 2007 by Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia. My Commission Expires: My Notary Registration Number: 3413115.5 Notary Public 7