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HomeMy WebLinkAboutSUB201700207 Plat - Other (not approved) 2017-12-08This document was prepared by and upon recordation return to: Williams Mullen 321 E. Main Street Suite 400 Charlottesville, Virginia 22902 Albemarle County Tax Map Parcel No.: 04500-00-00-17300 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION AND GIFT (for Road Improvements) THIS DEED OF DEDICATION AND GIFT is made as of this day of , 2017, by and between CMA PROPERTIES, INC., a Virginia corporation ("Grantor"), and the COUNTY OF ALBEMARLE, VIRIGNIA, a political subdivision of the Commonwealth of Virginia (the "County"), to be indexed as Grantee. WITNESS: WHEREAS, Grantor is the owner of that certain real property situated in Albemarle County, Virginia, located on Berkmar Drive Extended, containing 3.5298 acres, more or less, shown on a plat by Thomas B. Lincoln Land Surveyor, Inc., dated June 22, 1993, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1388, at page 454 (the "Property"); and WHEREAS, to satisfy Proffer 3(d) ofZMA 2014-00008, Grantor desires to grant, convey and dedicate a portion of the Property to the County in fee simple for public use, namely, the newly constructed sidewalk, which shall become part of the public right-of-way known as Berkmar Drive; and WHEREAS, such portion of the Property to be dedicated to the County is shown and designated as "Area X HEREBY DEDICATED TO PUBLIC RAV 0.2.2 AC." (the "Dedicated Property") on that certain plat prepared by Dominion Engineering, entitled "Plat Dedicating Strip of Right -of -Way from Tax Map 45 Parcel 173, Rio Magisterial District, Albemarle County, Virginia," dated November 30, 2017 (the "Plat"), and which Plat is attached hereto and incorporated herewith as Exhibit A; and WHEREAS, the County is willing to accept Grantor's offer of dedication of the Dedicated Property. NOW, THEREFORE, in consideration of the mutual premises, Grantor hereby GRANTS, CONVEYS, GIVES and DEDICATES for public use to the County, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, the Dedicated Property, as defined above. This conveyance is made expressly subject to all restrictions, conditions, rights-of-way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property conveyed hereby, insofar as the same affect the property conveyed hereby, which have not expired by a time limitation contained therein or have not otherwise become ineffective. The County, acting by and through its County Attorney, does hereby accept this conveyance and dedication, pursuant to Virginia Code § 15.2-1803, as evidenced by the County Attorney's signature hereto and the County's recordation of this Deed. [SIGNATURE PAGE FOLLOWS] 2 IN WITNESS WHEREOF, Grantor has caused this Deed of Dedication and Gift to be executed on its behalf by its duly authorized agent. CMA PROPERTIES, INC., a Virginia corporation Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2017 by , as of CMA Properties, Inc., a Virginia corporation, on behalf of such company. My commission expires: Notary Public Notary Registration No.: [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 35142677_2.doc COUNTY OF ALBEMARLE, VIRGINIA Jeff Richardson, County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 20_ by Jeff Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: Registration number: Approved as to form: County Attorney 35142677_2.doc al Notary Public Exhibit A the Plat [attached] 35142677_2.doc