HomeMy WebLinkAboutWPO201700079 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