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Home My WebLink AboutWPO201700042 Easements WPO VSMP 2017-11-1741Ti 1111Iiii�•L'If::�1TITll T C A 0 X R P E X E M P T [Nis] W H I1q Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: "[10/2012017 ] Instrument Type: [DOD ] RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Oct 26, 2017 AT 04:27 pm BOOK 04976 START PAGE 0089 END PAGE 0098 INST # 201700012�4�8,�8j TOTAL NUM PAGES EMJ I Number of Parcels [ 1 ] Number of Pages [ City ❑ County ® [Albemarle Jounty ] (Box for Deed Stamp Only) First and Second Pr2ntors Last Name First Name Middle Name or Initial Suffix [SHEEFLEE LLC ] [ ] [ ] [ l First and Second Grantees Last Name First Name Middle Name or Initial Suffix [COUNTY OF ALBEMARLQ ] [ ] [ ] Grantee Address (Name) [COUNTY OF ALBEMARLE ] (Address 1) [401 MCINTIRE ROAD. ] (Address 2) [ ] (City, State, Zip) [CHARLOTTESVILLE ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ' ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. { 100] Book [ ] Page [ ] Instr. No { ] Parcel Identification No (PIN) [05600-00-00-067A0 ] Tax Map Num. (if different than PIN) [SAME ] Short Property Description [ ] [ ] 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 [JUSTIN A RITTER [MCCALLUM & KUDRAVETZ PC [MCCALLUM & KUDRAVETZ PC [250 EAST HIGH STREET [CHARLOTTESVILLE [ I ------------------------------ KOKIT1111MIRTMITIYA Prepared by and return to: Justin A. Ritter, VSB# 82573 McCallum & Kudravetz, P.C. 250 E. High Street Charlottesville, VA 22902 (434) 293-8191 Tax Map and Parcel Number: 05600-00-00-067A0 This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3). DEED OF DEDICATION AND EASEMENT AND VACATION OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT AND VACATION OF DEDICATION AND EASEMENT ("Deed") is made this �°+day of October, 2017, by and between SHEEFLEE LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, 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 (i) "S.W.M., FOREST & OPEN SPACE ESMT. AREA (29,828 SQ. FT.)(WITHIN HEAVY DASHED LINES)", (ii) "S.W.M., FOREST & OPEN SPACE ESMT. AREA (20,434 SQ. FT.)(WITHIN HEAVY DASHED LINES)", and (iii) "S.W.M., FOREST & OPEN SPACE ESMT. AREA (29,469 SQ. FT.)(WITHIN HEAVY DASHED LINES) to be dedicated to public use, shown on the plat of Gay and Neel, Inc., dated October 17, 2017, entitled "Plat Showing A New Stormwater Management, Forest, and Open Space Easement, New 10' Private Drainage Easements, And The Vacation Of A 12' & Variable Width Drainage Access Easement For Inspection And Maintenance On A Portion Of The Lands Of Sheeflee, L.L.C., Albemarle County, Virginia" (hereinafter, the "Easements" and the "Plat"), with the Plat attached to this instrument. Reference is made to the Plat for a more particular description of the easements conveyed herein. WHEREAS; the Property is described further as a portion of that certain lot or parcel of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Tax Map 56 Revised Tax Parcel 67A, on a plat by Gay and Neel, Inc., dated March 19, 2008, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 3626, pages 619-627, also being the same property conveyed to the Grantor by deed 201700012488.003 of Crozet Cohousing, LLC, a Virginia limited liability company, recorded in said Clerk's Office in Deed Book 43141, page 683; 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 4969, page 242, in which the Grantor has agreed to construct and maintain on-site stormwater management/BMP facilities; 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 the Easements for public use in accordance with this Deed; WHEREAS, Grantor further desires to have vacated those certain easements and dedications previously granted to Grantee by Deed of Dedication and Easement dated May 31, 1, 2016, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, Deed Book 4795, pages 377-381, with such easements and dedications shown on the Plat as "12' & VAR. WIDTH DRAINAGE ACCESS ESMT. FOR INSPECTION AND MAINTENANCE AS SHOWN ON PLAT IN D.B. 4795, PG. 370 HEREBY VACATED (CROSS -HATCH)" ("Vacated Dedications And Easements"). The locations and dimensions of the Vacated Dedications And Easements upon the Property are more particularly shown on that certain plat titled **Plat Showing A New 12' & Variable Width Drainage Access Easement For Inspection And Maintenance And 20' Private Sanitary Sewer Easement, On a Portion of the Lands of Sheeflee, L.L.C., Albemarle County, Virginia" ("Previously Recorded Plat"), labeled as "12' & VAR. WIDTH DRAINAGE ACCESS ESMT. FOR INSPECTION AND MAINTENANCE (HATCHED AREA) (20,398 SQ. FT.)". The Previously Recorded Plat is attached to that certain Certificate of Plat recorded in the aforesaid Clerk's Office, Deed Book 4795, pages 370-376. Reference is made to the Previously Recorded Plat Plat for a more particular description of the Vacated Dedications And Easements. ►) 201700012488.004 NOW, THEREFORE, in consideration of the Easements 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, perpetual easements in the Property as shown on the Plat and as referred to herein as the Easements. A. The Easements shall be subject to the following: 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/or maintained by the Grantor under the Maintenance Agreement shall be and remain the property of the Grantor. This Deed 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 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 the Easements as its interests may require. 5. Binding effect. The Easements 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. B. As additional consideration for the Easements, the Grantee agrees to vacate and terminate the Vacated Dedications and Easements. Therefore, the parties hereby VACATE and TERMINATE the Vacated Dedications and Easements, as shown on the Plat and the Previously Recorded Plat. 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 the Easements as well as vacation and termination of the Vacated Dedications and Easements 201700012488.005 0 pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [Signatures and seals on the following pages] m WITNESS the following signatures and seals. GRANTOR: SHEEFLEE LLC, a Virginia limited liability company 0 (SEAL) Z. Peter Lazar Board Member and Sole Member Commonwealth o %V% , j inia City/County of _ . , M \J, , to -wit: The foregoing instrument was acknowledged before me on this a4dayof CCAR'c, 2017, by Z. Peter Lazar, Board Member and Sole Member, on behalf of Sheeflee LLC, a Virginia limited liability company, Grantor/-\ r� My commission expires: `V Registration number: '70% Public tit D Y P J C�2 1T 6,21, 449 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 5 "I r� 1111Pz>E��r�T�y� GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Douglas C. alker Interim County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: 14. }} The foregoing instrument was acknowledged before me this 44r, day of 061chej' , ot�t7 by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expire 1'0--�va Registration number: o .S q9q- Approved as to form: n�m 1 e. &Z8� i C my Attorney 6 A BLIC %� �� 2539gQ. •� ��Q`� oF 1 111 •:: 11: INSTRUMENT #201700012488 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Oct 26, 2017 AT 04:27 pm JON R. ZUG, CLERK by EMJ BOOK 04976 PAGE 0089 - 00098