The URL can be used to link to this page

Home My WebLink AboutSUB201700186 Easements 2017-11-20201700013518.001 VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT Instrument Date: 11/20/2017 FILED Nov 20, 2011 Instrument Type:.____---DOD-PL AT 02.47 pm Number of Parcels: ______ Number of Pages: -----6..__. BOOK 04985 [ ] City pQ County START PAGE 0741 --............-------------- ALBEMARLE....... ---...........--- END PAGE 0746 TALC EXEMPT? VIRGINIA/FEDERAL LAW INST # 201700013518 rantor:- YGrantee: TOTAL NUM PAGES 0 Consideration: --__-______-_-___--- ----- $0-.00 - --- — _ - - KMR Existing Debt: _____________ $0.00 _----- ----------------------- Actual Value/Assumed: _.----------------- 0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal- ----------- ---------------- -----$0.00 ---- ----------- Fair Market Value Increase- - ------------------ $0 0-0 (Area Above Reserved For Deed Ste' Original Book Number: ---------- Original Page Number: ---------- Original Instrument Number--------------� Prior Recording At:[ ] City [X] County ALBEMARLE____________------- _____....... Percentage In This jurisdiction: --------- 100%_-____-_--- ------------------------ BUSINESS / NAME -_-_ D-Q Grantor: UNIVERSITY OF VIRGINIA FOUNDATION -- _• [ ] Grantor: ------------ --1 ---- DQ Grantee: COUNTY OF ALBEMARLE [ ] Grantee: -------- GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE ..----------------------------•----------------- - -- ..... Address: City: ........ .... .... ------ State: -.-VA -- Zip Code: ----------------- Book Number: ---------- Page Number: ---------- Instrument Number- ----------- --------------- Parcel Identification Number (PIN): 07500-00-00-06300 Tax Map Number: 07500-00-00-06300 ----------------------------- Short Property Description: UVA GOLF INDOOR FACILITY ------ Current Property Address- -------------- ------------------------- City: - CHARLOTTESVILLE Instrument Prepared By: _SCOTT KRONER PLC Recording Returned To: _ SCOTT KRONER PLC ------------------- Address: 418 EAST WATER STREET City:. CHARLOTTESVILLE FORM CC-1570 Rev: 7/15 ----------------------------------------------------------------1 State: VA Zip Code: 22902 Only) ----------------------------------- - f SCOTT KRONER PLC Recording Paid By: --------------------- ---------------------- -----------------------------------------------------------------------------------..-..---- State: ._ VA._-. Zip Code: ._ - 22902 1 of 1 §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. COVi r Sheet A 201700013518.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel 07500-00-00-06300 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 i 14-I'day of Kd o ✓e.(nbc r , 2, c), 7 by and between University of Virginia Foundation, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, 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 "UVA Golf Indoor Practice Facility' to be dedicated to public use, shown on the plat of Dewberry Consultants, LLC, dated November 14, 2017, entitled Plat of a Stormwater Management Easements and Access Easement Across the Property of University of Virginia Foundation, TMP 75-63, a cop3 of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" al 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 that certain lot or parcel of lar situated in the Samuel Miller Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Tax Map Parcel 07500-00-00-06300, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2712, page 325, hereinafter called the "Property"; and 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 4981, page 786, in which the Grantor has agreed to construct and maintai on -site stormwater management/BMP facilities; and WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permissio to the County, including its authorized agents and employees, to enter upon the Property and to Version: 03/31/17 201700013518.003 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 ar 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 wit 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 tl Easement. The Easement shall be subject to the following: 1. Right of ingress and egress. The Grantee and its authorized agents and employees shalt 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 constru 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 of Dedication and Easeme 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 i. interests may require. 5. Bindin effect. ffect. The Easement and the rights and obligations established herein shall rdn 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 2 Version: 03/31/17 201700013518.004 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 certified 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 tc 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. SIGNATURES ON THE FOLLOWING PAGE Version: 03/3 I'/ 17 201700013518.005 WITNESS the following signatures. GRANTOR: COMMONWEALTH OF VIRGINIA C-ff-Y/COUNTY OF 14 t bP_rYlarjel- University of Virginia Foundation Tim R. Rose Chief Executive Officer and Secretary The foregoing instrument was acknowledged before me this j ��' day of ✓ mb6,r, 12- o C 1 by tj y k- Foy i, , Grantor. My Commission Expires: IaZ Registration number: -7 to `1 4O y 1 111,10 • r. E,. MARY J BREDDER NOTARY .PUBLIC REG. #17679041 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC. 31, 2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE E! Version: 03/31/17 201700013518.006 GRANTEE: Wfrey Y OF BEMARLE, VIRGINIA e. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: 7, L / The foregoing instrument was acknowledged before me this day of � D 1 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. 4. Notary Public My Commission Expireso 02 / Registration number: Approved as to form: C ty Attorney g. U �AOTAR Y C-, , /'UBL\G Version: 03/31417 OWNER'S CONSENT THE DEDICATION OF THE STORMWATER MANAGEMENT EASEMENT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEE, IF ANY. UNIVERSITY OF VIRGINIA FOUNDATION BY- TlM R. ROSE, CEO & PRESIDENT CERTIFICATE OF ACKNOWLEDGMENT OF SIGNATURE COMMONWEALTH OF VIRGINIA COUNTY/CITY OF JA (b .e ma ✓ ( _ THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THE 14q DAY OF Il`OV,-m h-- 20 i "7 NOTARY PUBLIC�f MY COMMISSION EXPIRES. M4 l ' L D LINDA MELISSA CARTEMdhR Notary Public Commonweab of Virginia 100828 My Conant&:ton Eglrta May 31, 2019 NOTES: 1) THIS PLAT IS BASED ON COMPILED DEEDS AND PLATS OF RECORD. NO FIELD WORK WAS PREFORMED. 2) THIS PLAT WAS PREPARED WITH THE BENEFIT OF A TITLE REPORT FROM REPUBLIC TITLE SERVICES, DATED APRIL 9, 2014. 3) THE PROPERTY IS NOT WITHIN AN ALBEMARLE COUNTY AND/OR CITY OF CHARLOTTESVILLE WATER SUPPLY WATERSHED OR AN AGRICULTURAL —FOREST DISTRICT. 4) EASEMENTS LISTED IN TITLE REPORT ARE BLANKET EASEMENTS OR POLE LINE EASEMENTS AND CANNOT BE PLOTTED. 5) THE PROPERTY LIES WITHIN FLOOD ZONE "X" BASED ON FIRM 51003CO266D, DATED FEBRUARY 4, 2005. 6) STORM WATER EASEMENTS TO BE DEDICATED TO PUBLIC USE. AL ALBEMARLE COUNTY APPROVAL 'UUNI Y BOARD OF SUPERVISORS DESIGNATED AGENT Cv F oTE 250 O h� Q1 GO m •SITE � W 0J� � N:3905385.66 " E E. 11472322.55 _ �� _ N 81'00 19 LINE BEARING DISTANCE L 1 S 44'09 3 ' 5E 14.94' L2 N 46' 18 02 E 29.40' L3 S 44'44 14 E 20.06' L4 S 46'24'02" W 29.60' L5 S 44'09 53 ' E 13. 69' L6 S 63'08'52 E 2.15 L7 S 30'5745" E 9. 10 L8 S 45'04 23' E 13. 12' CURVE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 1 75. 00 42.13 21. 64 S 47'03 19 E 4 7. 58 C2 1115.00 28.32 14.23 S 38'01 04 ' E 28.25 TMP 75-63 UNIVERSITY OF VIRGINIA FOUNDATION DB 2712-325 DB 419-539 PLAT N:3905232.26 VICINITY SKETCH — 1 "=2000, S 6>¢ 23 u _ / I N / /C') 416 / 2`S00' !Y E.11472697.45 �6N o� 20' ACCESS EASEMENT 1896 SQ. FT J < / N0 / zr) / h/ ro 41 25 00, #1 O� RA . LONE \0,Ae\ o+ SURVS, 0 50 100 150 SCALE. 1 "=50' INSTRUMENT 4f201700013518 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE PLA T OF A STORMWATER MANAGEMENT EASEMENTS AND ACCESS EASEMENT ACROSS THE PROPERTY OF UNIVERSITY OF VIRGINIA FOUNDATION TM 75 — 63 SAM MILLER DISTRICT ALBEMARLE COUNTY — VIRGINIA DB_a t P ----------- SDP201700019 J JN 50090899 1 DATE.- 1111412017 1 Dewberry Consultants, LLC 4805 Lake Brook Drive Glen Allen, VA 23060 PHONE: 804.290.7957 FAX: 804.290.7928 www,dewberry.com JON R. ZUG, CLERK by KMR BOOK 04985 PAGE 0741 - 00746