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Home My WebLink AboutWPO201700079 Easements 2018-04-26201800004333.001 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] RECORDED IN AL13EMARLE COUNTY, VA JON R. ZUG �, O C�CUIT CO0L FILED Apr 26, 2018 AT 09:48 am BOOK 05038 START PAGE 0429 END PAGE 0437 I N ST # 201800004333 Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [08800-00-00-002H0 ] Tax Map Num. (if different than PIN) [08800-00-00-002H0 ] Short Property Description [Lot 9, 21.00 acres ] [ ] 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 [Albemarle County Attorney [Zunka, Milnor & Carter, Ltd. [Zunka, Milnor & Carter, Ltd. [414 Park Street I [Charlottesville I ]I ] [VA ] [22902 ]1 0009 TOTAL NUM PAGES T C Date of Instrument: [4/2/2018 ] A 0 Instrument Type: [DOD ] MEB X R E P Number of Parcels [ 1 ] X Number of Pages [ 7] M City F]County x❑ (Box for Deed Stamp Only) [Albemarle County ] P First and Second Grantors T Last Name First Name I Middle Name or Initial Suffix [Wilson ] [Benjamin ] [B ] [Jr ] ❑ ❑ [Wilson ] [Carol ] 1 ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ❑ [County of Albemarle ] [ ] [ ] [ ] ❑ ❑ [ l[ l[ 1[ ] 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) [08800-00-00-002H0 ] Tax Map Num. (if different than PIN) [08800-00-00-002H0 ] Short Property Description [Lot 9, 21.00 acres ] [ ] 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 [Albemarle County Attorney [Zunka, Milnor & Carter, Ltd. [Zunka, Milnor & Carter, Ltd. [414 Park Street I [Charlottesville I ]I ] [VA ] [22902 ]1 201800004333.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville; Virginia 22902 Tax Map and Parcel 08800-00-00-002HO 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 2"d day of April, 2018 by and between BENJAMIN B. WILSON. JR. and CAROL WILSON, husband and wife, collectively, 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 Lot 9, containing 21.00 acres, as shown and described on the plat of Roger W. Ray & Assoc., Inc. dated January 26, 2018, revised March 28, 2018, entitled "PLAT SHOWING NEW SWM FOREST AND OPEN SPACE EASEMENT (8.39 ACRES) ON LOT 9, PHASE II, BLANDEMAR FARM ESTATES THE PROPERTY OF BENJAMEN B. WILSON JR. & CAROL WILSON LOCATED ON BLANDEMAR DRIVE OFF STATE ROUTE 708 (TAYLORS GAP ROAD) SAMUEL MILLER MAGISTERIAL DISTRICT. ALBEMARLE COUNTY, 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 that certain lot or parcel of land situated in the Samuel Miller Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Tax Map Parcel 08800-00-00-002H0, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4895 page 659 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 201800004333.003 Office in Deed Book5G30, page 10 , 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 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. 201800004333.004 4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 5. Bindin ems. 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 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. 201800004333.005 WITNESS the following signatures. GRANTOR: Benjamin 4< Wilson, Jr. '04� Carol Wilson COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this —day of , 20185 by Benjamin B. Wilson, Jr. and Carol Wilson, Grantor. Notary Public My Commission Expires: 4130 1 ao 1 CHRISTY MECHELLE PERKINS Registration number: 70 7-7 10 NOTARY REGISTRATIONPUBLIC U7637710 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30, 2019 SIGNATURES CONTINUE ON THE FOLLOWING PAGE X01800004333.006 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Xif f y . Richardson County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this /9* day of rt J,0 I V by Jeffrey B. Richardson, County Executive on behalf of the County of Albemarle, Virginia, Grantee. Notary Public r` My Commission Expires. -t1 00 d0a Registration number: Approved as to form: Ue- JAA Iffnty Attorney Version: 03/31/17 THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED NOTES: THE LAND USE NOTES SHOWN ON THIS PLAT LAND,NEW SWM FOREST AND OPEN SPACE EASEMENT(B.39+/- AC.), 1. OWNER(S) AND ADDRESS: ARE IMPOSED AT THE REQUEST OF THE DIRECTOR IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE T.M.88-2H (LOT 9, 21.00+/- ACRES) OF PLANNING. BY PLACING HIS/HER SIGNATURE DESIRE OF THE UNDERSIGNED OWNER(S),PROPRIETORS, BENJAMIN B.WILSON,JR.& CAROL WILSON ON THIS PLAT HE/SHE HAS DEEMED THAT THEY ARE AND/OR TRUSTEES,IF ANY. 19607 WHITE OAK ROAD CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE SUTHERLAND,VA 23885 COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE NOTES ARE NOT RESTRICTIVE COVENANTS 2. NO FIELD WORK WAS PERFORMED IN PREPARATION RUNNING WITH THE LAND AND THEIR APPEARANCE BENJAMIN B.WILSON, CAROL WILSON OF THIS PLAT. ALL BOUNDARY DATA SHOWN ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM HEREON IS BASED ON A TOPOGRAPHIC SURVEY AS SUCH. ANY REFERENCE TO FUTURE DEVELOPMENT CITY/COUNTY OF PERFORMED BY THIS FIRM IN MAY OF 2017. RIGHTS SHOWN HEREON IS THEORETICAL. A. PROPERTY ZONED RA. STATE OF 1/1,x $! - A 3. LOT 9 IS SUBJECT TO THE FOLLOWING: B. NO DEVELOPMENT RIGHTS ARE AFFECTED BY THE FOREGOIN INSTRUMENT WAS A. DECLARATION OF COVENANTS,CONDITIONS THIS PLAT. ACKNOWLEDGED BEFORE ME THIS _ QDAY OF �l�K� 2018. CHRISTY MECHELLE PERKINS R- KjNs` AND RESTRICTIONS(D.B.1030-459, C. THIS PROPERTY DOES NOT LIE WITHIN A D. B. 1083-668, D. B. 1682-334, D. B. 1732-705 WATER SUPPLY WATERSHED. NOTARY PUB LIC REGISTRATION N 7637710 D.B.4036-101). D. ACCORDING TO THE ALBEMARLE COUNTY GIS B. AN EASEMENT TO VIRGINIA ELECTRIC By BENJAMIN B. WILSON, JR. COMMONWEALTH OF VIRGINIA WEBSITE, THIS PROPERTY DOES NOT LIE WITHIN POWER COMPANY (D. B. 1116-677) AND CAROL WILSON, MY COMMISSION EXPIRES APRIL 30, . AN AGRICULTURAL-FORESTAL DISTRICT. C. AN EASEMENT RESERVATION AS DEFINED IN 2019 D.B.1083-663 THRU 666 PLAT. �) NOTARY PUBLIC D. A 30'DRAINAGE EASEMENT OVER ALL EXISTING STREAMS AND WATER COURSES(D.B.10B3-663 REGISTRATION # _7�o 3 -7-7 i o THRU 666 PLAT) . / ol? MY COMMISSION EXPIRES -' 1,30 E. A 20'DRAINAGE EASEMEMT(D.B.1083-663 THRU 666 PLAT). 6 4. NO TITLE REPORT FURNISHED. THIS PROPERTY IS SUBJECT TO ANY CONDITIONS,UTILITIES,EASEMENTS AND/OR COVENANTS THAT MAY EXIST. APPROVED FOR RECORDATION 5. THE SWM FOREST AND OPEN SPACE EASEMENT IS SUBJECT. TO THE GUIDANCE SET FORTH BY DEG IN THE VIRGINIA STORMWATER MANAGEMENT PROGRAM.THE AREAS WILL REMAIN UNDISTURBED IN A NATURAL, Av- VEGETATED STATE, EXCEPT FOR ACTIVITIES AS APPROVED BY THE LOCAL PROGRAM AUTHORITY,SUCH AS FOREST MANAGEMENT,CONTROL OF INVASIVE SPECIES,REPLANTING AND REVEGETATING,PASSIVE RECREATION(E.G.,TRAILS),AND LIMITED BUSH HOGGING TO MAINTAIN DESIRED VEGETATIVE COMMUNITY AGENT FOR THE BOARD OF SUPERVISORS DATE (BUT NO MORE THAN FOUR TIMES A YEAR). PLAT SHOWING STOCKTON NEW SWM FOREST AND OPEN SPACE EASEMENT (8.39 ACRES) ROAD ON LOT 9, PHASE II, BLANDEMAR FARM ESTATES ,4�TII 0 THE PROPERTY OF BENJAMIN B.WILSON,JR.6 CAROL WILSON o� Ss LOCATED ON BLANDEMAR DRIVE OFF STATE ROUTE 708 (TAYLORS GAP ROAD) o� 708 SAMUEL MILLER MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA BR1AN�y TAYLORS Lie. No. 002281GAP 1041 SCALE. 1 " = 200' DATE: JANUARY 26, 2018 ROAD BLANDEMAR REVISED: MARCH 28, 2018 3 DRIVE FOR 1�1VD BENJAMIN B.WILSON,JR.6 CAROL WIL50N ROGER W . RAY & ASSOC . , INC . 663 BERKMAR COURT CHARLOTTESVILLE,VIRGINIA 22901 VICINITY MAP TELEPHONE: (434) 293-3195 SCALE: 1" = 2000'+/- GL RAYSURVEYING.COM SHEET 1 OF 2 145728 LINE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING Cl 30'51'03" 550.00 296.15 151.76 292.58 S54°47'14"W C2 83°45'02" 200.00 292.34 179.29 267.00 S80°37'44"W C3 35°13'39" 200.00 122.97 63.50 121.04 S23°49'20"W C4 124"20'14" 154.00 334.19 291.70 272.37 S20°43'58"E C5 52"13'43" 150.00 136.73 73.53 132.05 S56°47'14"E C6 10°07'47" 383.19 67.75 33.96 67.66 S03°40'12"E C7 37°50'06" 95.03 62.75 32.57 61.62 S27'39'08"E C8 45°37'39" 250.00 199.09 105.16 193.87 S63°23'12"E C9 31°01'56" 200.00 108.32 55.53 107.00 S70°41'03"E C10 68"09'53" 575.00 684.08 389.05 644.44 S35°01'29"W IRON FOUND (2017) CID T.M.74-8H LOT 11 °D RUSH ESTATES m KENNETH S. w STROUPE, JR . - D.B.3584-509 N D.B.588-407 PLAT - m Z IRON FOUND (2017) 1 LINE L1 L2 L3 L4 L5 L6 BEARING S43'15' 17"W N46 °44' 43"W S38 °45' 13"W S59 °19' 38"W N49 '25' 38"E S55°10'25"E DISTANCE 50.00 38.26 94.35 19.41 51.71 28.87 DENOTES NEW SWM FOREST AND OPEN SPACE EASEMENT (8.39+/- ACRES) T.M.88-2G ' LOT 8 d',p RICHARD ALLAN HENDRICKS,II & CALI ARNETTE HENDRICKS C' D.B.4401-622 IRON D.B.2336-658 & 659 PLAT FOUND (2017) VIRGINIA ELECTRIC AND S46°44'43"E 1536.33' POWER COMPANY EASEMENT -- -- -- -- -- -- -- - -� (D.B.1116-677, 679 SKETCH 699.79' .:=.=-'.:•:-:-:=.'-:. � 636.55' � :. W L2 T. M. 88-2H .= 57 e29. 45" LOT 9 \ 5 D. B20083A663GTHRUS666NPLAT - 236 , a5 � �1 ( ) BENJAMIN B.WILSON,JR.& CAROL WILSON D . 6 6 4895-659 STATE ROUTE 1041 V D.B.1083-663 THRU 666 PLAT , LANDEMAR DRIVE (50' ) <v c� 75'SETBACK LINE -663 THRU 666 PLAT) hyo, (D . B . 1083-663 c� , ti THRU 666 PLAT) Gg L6�� I - . -. � �o� .-•::--:.:--:.:-;--:•. 6666 � I i S3 a ^ C5 N31 1 25,56 E qp = c4 25 56 „W 25 NEW SWM FOREST AND •::�c�.-.•'.• •:• •'.• •:• •:'•6.6.6.6• . .'.:OPEN SPACE EASEMENT /i T . M . 74-9A e2o. eo ; (8.39 ACRES) ;6:::66.:.:6: 27:25 ' i� ' SCALE: 1 " = 200' LOT 2A 810.88' i DATE: JANUARY 26, 2018 CAROL G.TAUTKUS IRON N43°48'26"W , D.B. 1650-40 FOUND 838. 14' REVISED: MARCH 28, 2018 D.B.853-3 PLAT IRON (2017) FOUND / T.M.88-2I (2017) ROGER W.RAY & ASSOC.,INC. GRAPHIC SCALE i"=200' LOT 10 663 BERKMAR COURT JERRY M.RAY & LILLIAN R.RAY / CHARLOTTESVILLE,VIRGINIA 22901 D.B.4201-563 TELEPHONE: (434) 293-3195 D.B.1083-663 THRU 666 PLAT RAYSURVEYING.COM� �� GL 0 200 400 600 SHEET 2 OF 2 145728 ql�.3 201800004333.009 INSTRUMENT #201800004333 M RECORDED AL BEMARLE CO CIRCUIT COURT CLERK'S OFFICE Apr 26, 2018 AT 09:48 am JON R. ZUG. CLERK by MEB BOOK 05038 PAGE 0429 - 00437