The URL can be used to link to this page

Home My WebLink AboutSUB201600130 Easements Easement Plat 2017-05-18 Page 1 of 10 Instrument Control Number 0055611 Commonwealth of Virginia Land Record Instruments E Cover Sheet - Form A 0335599i0009 Type:Doc Id i of 9 rn gecorded: 05/18/2017 at 02:59:53 [ILS VLR Cover Sheet Agent 1.0.66] plbsmarte$County, VA Jon R. ZUD Circuit Clerk [5/18/2017 1 eM 2017-00005509, -��O T C Date of Instrument: /1911 b 4 A o Instrument Type: [DOD-PL ] �'t X R P E Number of Parcels [ 2] x Number of Pages [ 7] E M City ❑County (Box for Deed Stamp Only) C [Albemarle County ] p _ First and Second Grantors T _ Last Name First Name Middle Name or Initial 1 Suffix X. .1(.. [Froehling& Robertson, 1[ ][ - 11 1 ❑ ❑ [ I[ ][ H l First and Second Grantees Last Name First Name I Middle Name or Initial Suffix ® E [County of Albemarle,Vir ][ ][ 11 1 ❑ ❑ [ I[ ][ 11 1 Grantee Address (Name) [County of Albemarle, Virginia ] (Address 1) [Albemarle County Attorney ] (Address 2) [401 McIntire Road ] (City,State,Zip) [Charlottesville ] [VA] [22902 ] Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr.Recorded at:City ❑ County® [Albemarle County ] Percent in this Juris. [ 100] Book [1124 ] Page [313 ] Instr.No [ ] Parcel Identification No(PIN) [05500-00-00-11000 1 Tax Map Num. (if different than PIN) (55-110 ] Short Property Description [6183 Rockfish Gap Turnpike TM#55-110 1 [ 1 Current Property Address (Address 1) [6183 Rockfish Gap Turnpike l (Address 2) [ ) (City,State,Zip) [Crozet ][VA 1[22932 ] Instrument Prepared by [Balzer&Associates, Inc. 1 Recording Paid for by [Froehling& Robertson, Inc. l Return Recording to (Name) [Balzer&Associates, Inc. l (Address 1) [Attn: Kent O'Donohue 1 (Address 2) [1561 Commerce Road, Suite 401 1 (City,State,Zip) (Verona ][VA 1(24482 ] Customer Case ID [ I [ 11 1 y r ;� '':i1‘,1; ,; ' ''. r C1 �� ! '.ri,rl � '/1 �� ti,� t,,4 :, 4 0 ` r lit' i:,, , ?, .ill), It' . tli.t.i ,j) 11 ' ) 1� .1 ,e' - Ir; ICover Sheet Page0 1 of 2 ,!�!c,� • ?•; '•I ,ti b, 4+%,. {� a 1 Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 1 a Page 2 of 10 Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C (ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of Instrument: [5/18/2017 ] A R R 0 Instrument Type: [DOD-Pt ] X AAR N N P Number of Parcels [ 2] E T T X O E Number of Pages [ 7] _ E R ECity ❑County E [Albemarle County ] (8ox for Deed Stamp Only) M Grantors/Grantees/Parcel Continuation Form C P L _ _ _ [ Last Name First Name Middle Name or Initial Suffix ❑ ❑ ❑ ❑ [ 11 1[ l( l ❑ ❑ ❑ ❑ [ 11 11 1[ l ❑ ❑ ❑ ❑ [ H ]( 1( ] ❑ ❑ ❑ ❑ [ H 1[ 1( l ❑ ❑ ❑ ❑ [ ]( ][ 11 ] Prior Instr.Recorded at:City ❑ County® [Albemarle County ] Percent.in this Juris. [ 100] Book [1124 ] Page [313 1 Instr.No [ 1 Parcel Identification No(PIN) [05500-00-00-109A0 ] Tax Map Num. (if different than PIN) [55-109A ] Short Property Description [6181 Rockfish Gap Turnpike TM#55-109A 1 [ ] Current Property Address (Address 1) [6181 Rockfish Gap Turnpike ) (Address 2) [ ] (City,State,Zip) [Crozet ][VA ][22932 ] Prior Instr.Recorded at:City ❑ County❑ [ l Percent.in this Juris. [ ] Book [ ] Page ( ] Instr.No [ ) Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [ 1 Short Property Description [ 1 ( 1 Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ l I 1( l i, , '014i1'.. i' 12:' rif )r 71 1.14. I ) Cover Sheet Page#2 of 2 Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 2 Page 3 of 10 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Numbers 05500-00-00-109A0 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 22 day of ji-p '( , 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 05500-00-00-109A0 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 1 Version:03/31/17 Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 3 Page 4 of 10 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 111 LE 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. 2 Version:03/31/17 Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 4 Page 5 of 10 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. Binding effect. The Easement and the rights and obligations established herein shall run with the Iand 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 Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 5 Page 6 of 10 WITNESS the following signatures. GRANTOR: FROEHLING & ROBERTS I N,INC. / // Timothfrlynn1� Chiefcial Officer COMMONWEALTH OF VIRGINIA � CITY/COUNTY OF : �1 Apt' r• The foregoing instrument was acknowledged before me this of day of "P_I , 2017 by Timothy A. Glynn,as Chief Financial Officer of Froehling&Robertson,Inc., a Virginia &,1 .0. corporation, Grantor,on behalf of the corporation. ary Pub is My Commission Expires L) # v ?di q �.�`'Sp,,g,,,,, . 1L X334// ,.. .. . :..o Registration number: Y 41. ° ��Y`(f,J�.' COMM /`1:-.-. 1. :i o:.• 7c.,,.Lr/. .••• ik 7I-I(:) ••'••1.111.....,` SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version:03/31/17 Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 6 Page 7 of 10 GRANTEE: COUNTY OF ALB MARLE,VIRGINIA -ouglas C. ker i Interim County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this /661 day of 2017 by Douglas C. Walker,Interim County Executive, on behalf of the County of Al !At—lark, Virginia,Grantee. 4. Notary Public ````` eigt. 0//,,�''� My Commission Expire?zvxt 3e o2 o2./ Q. Vo 4( Registration number: 53 994 -*: NOTggy :N `clsE. A(• I• sLC *` • .roved as to •rm: ° :. �?`��• • Et OA C• ty Attorney 5 Vion:03/311!7 Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: Page 8 of 10 PLAT SHOWING A PROPOSED FOREST AND OPEN SPACE EASEMENT, A PROPOSED VAR/ABLE WIDTH SWM ACCESS EASEMENT, A PROPOSED 35' PRIVATE ACCESS EASEMENT AND A PROPOSED 35' SWM ACCESS EASEMENT ACROSS TAX MAPS /55- 110 & #55- 1 09A WHITE HALL DISTRICT COUNTY OF ALBEMARLE VIRGINIA c,-10 v mF ROCKFISH GAP HtLLSBORO LANE TURNPIKE I N.'41.11101)„ --------------- SITE -4`` F� STq TF 6 A VICINITY MAP 1 ii2,000' OWNER'S CONSENT TO DEDIC477ON THE PLATTING OR DED/CATION OF THE FOLLOWING DESCRIBED LAND: 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 (ASSENT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE ESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. N-7- S GNA URE DATE i PRINTED NAME: „Sam uel , -7iroator• TITLE: C. 0 COMMONWEALTH OF VIRGINIA CITY / COUNTY OF .n r'i do TO WIT, Wodicii*A i�le certify that 47itr»ve1 S t�/^oc r whose names ore signed to the foregoing instrument kictin(1) have acknowledged the same before me this �}th day A v Rs AL of Tr7 .pi , 2017 T' - I*' C +'N B l I AGENT a Na ary Public '• Notary Registration Number:71,46166.3 My commission expires: 9/3a/a.o) $ = , -+�"„ $4Sz OF 40�'•k11 01NAP••••''�� > % rp0 q ) f F Howard L. Vance; 7, Lic. No. 1854 -PALM 07/29/2016 AND ASSOCIATES INC. Z DATE: 07/29/2016 e qa SCALE: 1"=50' �d suRVI' 11111.191 g JOB NO: 34150050.00 1 . DRAWN BY: JAP PLANNERS•ARCHITECTS•ENGINEERS•SURVEYORS ROANOKE• RICHMOND •STAUNTON•IiARRISONBURG•CHRIST1ANSBURG REFLECTING TOMORROWSHEET 1 OF 2 128 West MarketStreet•Su[to 103.Harrisonburg,VA 22801'(540)433-1908.Jpatton@balzer.cc Al Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 8 NOTES: 1) THIS PLAT REPRESENTS A CURRENT FIELD SURVEY 2) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND IS SUBJECT TO INFORMATION DISCLOSED BY SUCH. 3) SUBJECT PARCELS ARE ZONED HIGHWAY COMMERCIAL (BC) AND ALSO LIE IN THE ENTRANCE CORRIDOR (EC) OVERLAY DISTR/CT. ":1.2'• (. • 4) THIS PROPERTY LIES IN A WATER SUPPLY PROTECTION AREAAND SPECIFICALLYUES IN THE SOUTH FORK RIVANNA RIVER WATER SUPPLY WATERSHED 5) THE FOREST AND OPEN SPACE EASEMENT IS BEING DEDICATED IN CONJUNCTION WITH CONSTRUCTION ACT?VTTES SHOWN ON PROJECTS/SDP201600013 AND / 'WP00201600038 FLED WITH THE COUNTY OF ALBEMARLE. 6) THE FOREST AND OPEN SPACE EASEMENT IS SUBJECT TO THE GUIDANCE SET FORTH BY DEO /N THE • VIRGINIA STORMIER MANAGEMENT PROGRAM. THE AREAS WILL REMAIN UNDISTURBED IN A NATURAL, LINE TABLE VEGETATIVE STATE; EXCEPT FOR ACTIVITIES AS APPROVED BY THE LOCAL PROGRAM AUTHORITY, SUCH LINE BEARING DISTANCE AS FOREST MANAGEMENT; CONTROL OF INVASIVE SPECIES REPLANTING AND REVEGETAT1NG, PASSIVE Ll 34. 15' 551'00124T 16.76' RECREATION (E.G. TRAILS), AND LIMITED BUSH HOGGING TO MAINTAIN A DESIRED VEGETATIVE COMMUNITY L2 1"E 45.76' L3 530'42'58V (BUT NO MORE THAN FOUR TIME'SA YEAR) 30 L45 N59'1 1 6'0248 W 1 8.82' 7) THE FOREST AND OPEN SPACE EASEMENT AREA IS TO BE RETURNED TO /TS NATURAL STATE AFTER L5 N14'16'48'7N CONSiRUC170N IS COMPLETED.L6 N30'42'581- 11.45' L7 N14.17'0214/ 42.80' 8) IF ANY FUTURE DEVELOPMENT IS PROPOSED IN THE FOREST AND OPEN SPACE EASEMENT AREA, THEN TME EASEMENT IS TO BE ADJUSTED ACCORDINGLY NTH PROPOSED DISTURBANCE BEING TREATED IN ACCORDANCE WITH TME CURRENT VIRG/NW•STORMWATER MANAGEMENT HANDBOOK REQUIREMENTS ROCKFISH GAP TURNPIKE ROUTE 250 MON/F (110' R-0-W) 18.54' 16.54' _ N75'42'58"E 311.50' ) ( N75'42'58'E 233.76' —_____--- 113.37 a I TOA ROD/F 1 2- STORY 118.5 1 FRAME BLDG I.,-.165 I , h 144:! 1:4;:: 0 N1 1 o v. BLOCK WELL \ 1 nl 1s q o y HOUSE .._oil l Z h LI m cc Ici N FROEHUNG & ^1 N I N �G C • m ;ID TAX / 55 110 1 t, 1W TAX MAP, 55-1094 h a { 0 FRAME SHED Da.1124 PG:313 f Da•1124 PG:•313 PROPOSED FOREST 1.762 ACS . ;� 1.01 ACS Nkco AND% �� I LI in. ,.- OPEN SPACE �?� N75'42'582- 110.27' l o h 1° PROPOSED 35' PRIVATE c q EASEMENT �t r PROPOSED i/ARIABLE = 1h ACCESS EASEMENT e Z. 0.843 ACS I I WIDTH SWM ACCESS o 1 1 AND i I^ EASEMENT of PROPOSED SWM Et Vo i rj 0.129 ACS h 1 ACCESS EASEMENT l' 1)€) S , � I 0.1 81 ACS Ilt I �• //" 79357 --I thv / iI 1 N75'42'58'E 195.26' -42.01' 1 ROD/F 16.54' TO A ROD/F i .Op� 19. 165,27' FRDEH300LINC & ROBERTSON INC r 1 �►yy TAX MAP/ 55-109 ROD/ ir. 563.1.:2--1-•"41W -•�" 563'55 DB:1124 PG•313 � 0' um 50' 100' im mil= 441,1.. ;11. --°17 Fy CIS Howard L. Vance 3 Lic. No. 1854 07/29/2016 BALM °0AND ASSOCIATES INC. DATE: 07/29/2016 ��ND SURVS V i SCALE: 1"=50' ■ 111 .1f JOB NO: 34150050.00 m DRAWN BY: JAP PLANNERS•ARCHITECTS•ENGINEERS•SURVEYORS i ti ROANOKE• RICHMOND • STAUNTON•HARRISONSURG•CHRISTIANSBURG REFLECTING TOMORROW SHEET 2 OF 2 128 West Market Street•Sulte 103•Herrlsonburg,VA 22801.(540)433-1908•jpettonebaiser.x Page 10 of 10 RECORDED IN CLERKS 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 ALBEMARLE •OU TY,VA ON - Z t • 7K Il ,,,.# , , ;fir Book: 4910 Page: 642 FileNumber: 2017-00005569 Seq: 10