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HomeMy WebLinkAboutSDP201600076 Easements Final Site Plan and Comps. 2017-06-16lkk ' This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel 07700-00-00-040BO This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3). 0 DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this IQ-"' day of ZI&ne, , 2017 by and between ELEMENTAL ECOTECH LLC, 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 "Variable Width Forest & Open Space Easement" and "Variable Width SWM Facility Easement" to be dedicated to public use, shown on the plat of Dominion Engineering, dated May 16, 2017 and last revised June 6, 2017, entitled "Easement Plat, Woolen Mills Light Industrial Park, Tax Map 77 Parcel 4013", 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 that certain lot or parcel of land situated in the Scottsville Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Tax Map Parcel 07700-00-00-040B0, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4893, Page 401 and Deed Book 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 4912, page 155; 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 Version: 03/31/17 gn 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 TITLE 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. 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 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 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 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 03/31/17 cm WITNESS the following signatures. GRANTOR: COMMONWEALTH F VIR INIA CITY/COUNTY OFy-}�Vj M [OWNER] Elem tal otech LLC Kevin O'Brien Member -Manager The foregoing instrument was acknowledged before me thisurs day of JuflQ,., A1 by Kevin O'Brien, Member -Manager, on behalf of Elemental Ecotech LLC. Grantor. My Commission Expires: aj Registration number: I � LGIR. .1�. � . Xiax. 1711%1' %%..FYNN p�',,, •`" ���> . �t7 : '• NOTARY'• [� pUgLIC �:yt� #76 p ; MY E MMfSSIp ES r � `% Iloilo SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 03/31/17 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Douglas C. Walker Interim County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of , by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: Registration number: Approved as to form: County Attorney Notary Public 5 Version: 03/31/17 cm M Community Development Document Review County Attorney's Office TO: PROJECT NUMBER: z u06-��9l -.:; z -- �?O You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement 1�eopen space/greenway easement Dedication of right-of-way Parcel determination Other: The document is: —/is approved ✓ is approved with minor edits as noted on the attached is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description needs to be revised (see comment below) : Other (see comment below) Comment: pl f !al t CLanlr /r(�ryn % rcf)rrt- C, nitifi Cje c` SIGN 7 ��r 4r1) S16 10 . If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. l� Jo C. Blair, II Delpbty County Attorney Date: Joy 17, 2-0) 7 �rrr' M COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Date: June 16, 2017 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB201700080 — Woolen Mills LI Park Easement Plat Date Submitted: 6/16/17 Dear Mr. Blair: Please find the enclosed deed and easement plat. This plat provides a forest and open space easement to meet stormwater requirements. The plat is associated with the final site plan currently under review for this site (SDP201600076). I have enclosed a copy of the site plan in case it is helpful to your review of the deed and easement plat. Please let me know of any requested changes at your earliest convenience. Thanks, J.T. Newberry Senior Planner Ext. 3270 cm This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel 07700-00-00-040BO This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3). 0 DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this 4�day of YAAa-- , 2017 by and between ELEMENTAL ECOTECH LLC, 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 prop rty (hereinafter the "Property") located in Albemarle County, Virginia, more particul y described as follows: That certain real property shown and designated as "Vari ble Width Forest & Open Space Easement" and "Variable Width SWM Facility Easeme " to be dedicated to public use, shown on the plat of Dominion Engineering, dated May 6, 2017 and last revised June 6, 2017, entitled "Easement Plat, Woolen Mills Light Industrial Park, Tax Map 77 Parcel 40B", 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 that certain lot or parcel of land situated in the Scottsville Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Tax Map Parcel 07700-00-00-040110, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4893. Page 401 and Deed Book 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 4912, page 155, 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 Version: 03/31/17 Page 1 of 5 '%✓` T A X R P E X E M P 0101 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.86] Date of Instrument: [3/29/2017 Instrument Type: [PM Number of Parcels [ 1 J Number of Pages [ 31 003781 111111,101111111111 Doc ID: 033531930005 Type: DEE Recorded: 04/04/2017 at 02:56:50 PM Fee Amt: $62.00 Paste i of 5 Albemarle Countv. VA Jon R. Zua Circuit Clerk File# 2017-00003781 4893 Pa401-405 City ❑ County[j] [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name Fina Name Middle Name or Initial Suffix [Elernental Ecotech, LLC J [ ] [ ] [ ] First and Second Grantees Last Name First Name I Middle Name or Initial Suffix [Elemental Ecotech, LLC ] [ [ l[ Grantee Address (Name) [Elemental Ecotech LLC (Address 1) [809 Bolling Ave. #C (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 ® [Albemarle County ] Percent in this Jude. [ Book [4796 ] Page [325 ] Instr. No [ Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 1) (Address 2) (City, Stab, zip) Instnnnent Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, Stab, Zip) Customer Case ID Cover Sheet Page # 1 of 1 (0770000-00-040B0 and 07700-00-00-040C1 [0770000-00-040130 and 07700-00-00-040C1 [Broadway Street and Franklin Street [ [ ( [Woods Rogers PLC [Elemental Ecotech [Woods Rogers PLC [123 E. Main Street, 5th Floor [Charlottesville ] [VA ] [22902 [ l [ 1[ Book: 4893 Page: 401 FileNumber:2017-00003781 Seq:1 100] I l l I l I I Page 2 of 5 Prepared By & Please Return To: 0031 61 Woods Rogers, PLC 123 E. Main St, 5`h Floor Charlottesville, VA 22902 TMP: 07700-00-00-040BO and 07700-00-00-040C1 CERTIFICATE OF CONFIRMATION BY OWNERS INCLUDING A BOUNDARY LINE VACATION The attached plat made by W.D. Seward, C.L.S. and Dominion Engineering dated February 28, 2017, last revised March 24, 2017 entitled "Boundary Line Adjustment Plat Tax Map 77 Parcels 40B & 40C1" (the "Plat") showing the lands of ELEMENTAL ECOTECH, LLC, a Virginia limited liability company (to be indexed as "Grantee") whose address is: 809 Bolling Ave. Unit C. Charlottesville, VA 22902, which Plat includes a vacation of a boundary line, resulting in one (1) tract of land containing 14.061 acres, all as shown on the Plat, is hereby CONFIRMED and submitted for record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. WITNESS the following signature and seal: Elemental Ecotech, LLC By: n`` (SEAL) Kevin A. O"Brien, Member -Manager COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE; On this 29`h day of March, 2017 the foregoing Certificate of Confirmation of Owners was subscribed and sworn to before me by Kevin A. O'Brien as Member -Manager on behalf of Elemental Ecotech LLC. I & (SEAL) No lic TIMOTHY I. KELSEY NOTARY PUBLIC REGISTRATION r 3116244 COMMONWEALTH OF VIRGINIA MY COMMMISSION EXPIRES FEBRl1ARY 28, 2019 Book: 4893 Page: 401 FileNumber:2017-00003781 Seq:2 Page 3 of 5 CONSOLIDATION OF TAX MAP 77, PARCELS 40B & 40C1 vlcnvlTY MAP SCALE. 1'=2000, NOTES STATEMENT OF CONSENT TO DIVISION 1. THIS PUT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND THE PLATTING GN DEDICATION OF THE FOLLOWING DESCRIBED LAID. KNOWN DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES I 71E AS TAX MAP 77 PARCEL 408, AND PARCEL 4001 ACCORDING TO COUNTY PROPERTY SHOWN HEREON. RECORD$ IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE 2. NO CURRENT FIELD SURVEY WAS PERFORMED MATH THE PREPARATION OF THIS OF THE PROPRIETIXi.S AND TRUSTEES, IF ANY. PUT, IT HAS BEEN PREPARED USING RETARD PUT INFORMATION. MONUMENTS Chord SHOWN ARE FROM A PHYSICAL SURVEY PERFORMED BY DOMINION ENGIrEERING ON SHOWN )pf7RS 24, 2011. q, , 3. THE AREA SHOWN HEREON IS LOCATED IN ZONE 'X AREA DETERMINED 70 BE ELEMENTAL ECO pi, LLC OUTSIDE 2% ANNUAL CHANCE OD E FLOPLAIN, EXCEPT FOR A PORTION THAT LES N ZONE AE AS SHOWN GRAPHICALLY ON THIS PUT PER FEMA MAP NUNW 809 BOLUNG AVE, UNIT C 51003CO289D, EFFECTIVE DATE FEBRUARY 4, 2005. THIS DETERMINATION HAS CHARLDTTESVILLE, VA 22902 BEEN MANE BY GRAPHIC METHODS NO ELEVATION STUDY HAS BEEN PERFORMED 17121'15" AS A PORTION OF THIS PROJECT. 123.23' THESE PARCELS DO NOT LIE WITHIN AN AGRICULTURAL / FORESTAL DISIIICT. STATE OF VIRGINIA4. 5 THIS PARCEL LS LOCATED IN THE MODIiE'S CREEK WATERSHED. PROPERTY DOES COUNTY OF ALBEIAARLE NOT FAL M70 A WATER SUPPLY PROTEC70 MEA TO WIT: FORE ENT WAS ACKNOWLEDGED BEFORE ME 6. A POR1110N OF SUBJECT PROPERTY UES WITHIN 1}E STATE DAM BREAK" AY 2017. INUNDATION ZONE PER COUNTY GIS AS GRAPHICALLY DEPICTED HEREON. SUBJECT 554.04' PROPERTY LES N ITS ENTIRETY WITHIN THE FEDERAL DAM BREAK 900ATION 4�7 6893'53" ZONE PER COUNTY GS NO. 7. PARCELS ARE ZONED U (LIGHT IDLISTRIAL) AND ARE IN THE FLOOD HAZARD (FH) ANA STEEP SLOPES (MANAGED AND PRESERVED) OVERLAY DISTRICTS. CURRENT MY COMMISSION EXPINEB: I� TIMOTHY C. KEEY USE IS VACANT. NOTARY PURI REONN10244 aeVIRGI & PARCELS ARE SERVED BY PUBIC WATER AND PUBLIC SANITARY SLIER. C MALT"TRATION SSION ExMR sf 9. THIS PLAT DOES MOT ADDRESS THE E105TENCE OEIEL910N, OR DELINEARON OFANY MY COMM ENVIRONMENTALLY SENSITIVE ENVIRONMENTAL OR ANY COUNTY APPROVAL FEBRUARY 29, 2019 LOCATED 1I7HI NN THE PERIMETER CE THE PROPERTY SHOWN, 10. THE STREAM BUFFER SHOWN NIXON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE 11. NEW SUBJECT PARCEL CONTAINS A BUILDING SITE THAT COMPLIES WTH SECTION �� ndE 3/rd 4.2.1 OF THE ALBD1APoi COUNTY ZONING ORDNANCE. `Z AGENT FOR THE BOARD OF SUPERVISORS DATE AREA CALCULATIONS TMP 77-408 - 11.771 ACRES TIF 77-40CI - 2.290 ACRES TOTAL - 14.081 A3iES STATEMENT OF TITLE 7MP 77-408 WAS OBTAINED BY ELEMENTAL ECOTECH. LLC AS RECORDED IN DEED BOOK 4796 PAGE 325. TMP n-4001 WAS OBTAINED BY ELEMENTAL ECOTECH,LLC AS RECORDED IN DEED BOOK 4797 PAGE 421L BRV BOUNDARY LAVE ADIUSIM NT PLAT LTH Of rA 11 BOUNDARY CURVE TABLE ` M WD9 c" Length Radius Delta Tangent Chord Chord Bearing C1 58.94' 408.40' 816'08' 29.52' 58.89' S 21'42'16' W C2 123.70' 408.40' 17121'15" 62.33' 123.23' S 09'30'26' W C3 441.05' 365.25' 6911'11' 251.90' 414.74' S 303'02' E C4 1 554.04' 465.24' 6893'53" 315.18 521.87 I S 33'5422' E BRV BOUNDARY LAVE ADIUSIM NT PLAT LTH Of rA 11 ` M WD9 TAX MAP 77 PARcELs 40B & 40C1 SCOTTSVILLE DISTRICT, ,') s, (�� Dominion Engineering °"�` v ALBBURLECOUNTY ,VIRGINIA wD LTC No. t 172 San, � dna D.3.24_2D 7 Qurlot<awlc. VA E291 1 e + 474.979.0121 (p) WiE aEVgOlt GAT( 1 OF2 A -2I-2(117 COUM'YCOMMENTS CB -24-2017 ! Aa0 SUR E,O+"�'�'9�+ ° , 4a4.979.1ce1 M vlloxcrwa I6.0077 �n Book: 4893 Page: 401 F HeN umber: 2017-00003781 Seq:3 Pape 4 o15 (00 -} TMP 77-4OC3 '"al N/F EDWARD LLCi` S'1 " E DB 2747 PG 33 NY c �Sy6 o�« TMP 77-4OC2 % RR 1 4�' '' IIRON P IN FOUND 9 IRONMOINF �d ; N/F JACERAHBIT 96 % MF T FOUND�O NF BOUNDARY NAIL FOUND PARTNERS LLC. ti� /' DB 3155 PC 18� ALBEMMU COUNTY, VMGIMA V2 % E 109.627 172 5I Ah hntop Dro Cbalottp.ea. VA 22911 (S56'13.54 I irn THP 77-40C1 \Rt� 2.290 AC. TYP 77-40M TMP 77-40N y VARIABLE WIDTH"'!��, �� N/F YVES DELORME INC. N/F TREY COMMERCIAL RENTALS, LLC �l F(BROKEN) ,� DB 2229 PG 332 DB 2893 PG 653 RWSA WATERLINE( EASEMENT►„ � DB 907 PC 684 (PLAT) % DB 4763 PG 1368 M\; 1 . \ .�•�• (516'S9'64'E 39.16)MF��J / BOUNDARY UNE _�� RN�BR 83 4G 6 111% 580 " ��� 13��j/ 1 rn HEREBY VACATED 1 ` 114.061EW 0ACRESSREA. C'�\�` S26'09'14'W G 6 r �' � 101.38' D8TAL " APPROXIMATE � �. LOCATION OF ��� F e // STATE DAM BREAK INNUNDATION ZONE w m AFD �•�• TMP 77-40B LIMITS PER GIS �•�, 11.771 l ���,�-�,`• 1 i� _._......• AC.i �`.� N' * �•�, ,•'• APPROXIMATE \6�• TMP 77-388✓•�✓� N3216'40'E�•�• I� 59.85' �•— ro�1a r LOCATION'S RIVANNA WATER k , 100-YEAR SE7"1 AUTHORITY .— '—'I• FLOODPLAIN DB 768 PC 277 vj •"DB 616 PC 135 (PLAT) j NF MM� 172 D0 55212'04'E S41'52'24'E 121.52' 235.33 c N39• W 10CUEE ' ,r�''..••"'fr !� f ' r•��•0,�4VP �% NE g, g MOORIr BLB WIDTH .0 f+ 77-40 • y/ IN T MARTUC LLC /f ! B � ACCESS EASEMENT / � • .: / �+ DB 931 PC 548 �f 3847 PC 332,% S57ro3'54'E 30' SANITARY SEWER % %o E 162.00 46.00' D8 342 PG 197 ^ / aw ,F' % ,� i N32'56'OB'E 31.01Y S87ro3'25'E %! S39'4454'E 57.44' 164.28' I 1 I` TMP 77-40B 1 � APPROXIMATE z LOCATION OF STREAM BUFFER PER GIS j N39u,53•w S5211'03'W / 45.67' 679.91' 9.42' /. TMP 77-21 / N/F RIVANNA WATER & SEWER AUTHORITY DB 3594 PC 660 100 0 100 200 300 SCALE: 1"=100' BRv BOUNDARY LINE ADJUSTMENT PLAT TAXMAP77 PARCELs40B & 40C1 y��TH OF �� J ' Dominion Engineering Or. WDS 1010ISCOTTSVILLEDISTRICr, ALBEMMU COUNTY, VMGIMA V2 Lb k 1 172 5I Ah hntop Dro Cbalottp.ea. VA 22911 2 OF 2 03-2420 7 ! 1 pP NO SUR E� O' 454.575.9121 (p) o Qs� 45, 9 min �� 300 ta)VOIDN: DAT@ COUNTY COMMENTS 03-24-2017 --..d17 aavworc DATE 16.02.28-2017 i Page 5 of 5 RECORDED IN CLERICS OFFICE OF PRTBEMARLE ON IL 2:56:50 PM S RE D B VA CODE X56.1 -In JON W[lQ PMCUIT CLERK DC Book: 4893 Page: 401 FileNumber:2017-00003781 Seq:5