HomeMy WebLinkAboutSDP201600031 Easements Final Site Plan and Comps. 2017-05-18T C
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Instrument Awe, Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
Date of Instrument:
[5/18/2017 ]
Instrument Type:
[DOD -PL ]
Number of Parcels
[ 2]
Number of Pages
[ 7]
005569
Doc ID• 033009 TSP
6g5Epli 3
FeeAmt--d
862.00 Page 1t°'Vo
Albemarle county. VA
JOn FileN 2017 00005569c1erk
P�642-650
BK4910
--
City ❑ County 0
--------- ---------------- - --............. ........ .-- -------------
[Albemarle County ] (Box for Deed Stamp Only)
Parcel Identification No (PIN)
]
[05500-00-00-11000 ]
First and Second Grantors
Last Name
Short Property Description
First Name Middle Name or Initial Suffix
[Froehling & Robertson, ] [
] [ ] [ ]
(Address 2)
[
First and Second Grantees
Last Name
First Name Middle Name or Initial Suffix
[County of Albemarle, Vir ] [
] [ ] [ ]
Grantee Address
(Name)
[County of Albemarle, Virginia ]
(Address 1)
(Address 1)
[Albemarle County Attorney ]
]
[1561 Commerce Road, Suite 401 ]
(Address 2)
[401 McIntire Road ]
(City, state, zip)
[Charlottesville ] [VA ] 122902 ]
Consideration [0.00
] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County ®. [Albemarle County ] Percent in this Juris. [ 1001
Book [1124 ] Page [313 ] Instr. No [
Parcel Identification No (PIN)
]
[05500-00-00-11000 ]
Tax Map Num. (if different than PIN)
[55-110
Short Property Description
]
[6183 Rockfish Gap Turnpike TM# 55-110 ]
Curren; Property Address (Address 1 j
[o183 Rockfish Gap Turnpike
(Address 2)
[
]
(Cit)6 State, Zip) [Crozet ][VA ] [22932 ]
Instrument Prepared by
[Balzer & Associates, Inc.
Recording Paid for by
]
[Froehling & Robertson, Inc.
Return Recording to (Name)
]
[Balzer & Associates, Inc. ]
(Address 1)
[Attn: Kent O'Donohue
(Address 2)
]
[1561 Commerce Road, Suite 401 ]
(City, State, zip)
Customer Case ID
[Verona ] [VA ] [24482
[ ] [ ]
][ ]
r
Cover Sheet Page # 1 of 2
r +
i
Instru entRntrol Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
[ILS VLR Cover Sheet Agent 1.0.66]
F]
T G G C Date of Instrument: 15/18/2017 ]
A R R O Instrument Type: [DOD -PL J
X A A R
N N P Number of Parcels ( 2]
E T T
XO E Number of Pages [ 7] -------------- ............... -------------------------------------------- ............
E R E(Box for Deed Stamp Only)
M City [7 County ❑x [Albemarle County ]
P Grantors/Grantees/Parcel Continuation Form C
T Last Name First Name Middle Name or Initial Suffix
❑❑❑❑ [ ][ ][ ][ ]
7=10 [ ][ ][ ][ ]
❑❑❑❑ [ ][ ]( ][ ]
❑ ❑ ❑ ❑ [ if ][ ][ ]
Prior Instr. Recorded at: City ❑ County ® [Albemarle County ) Percent. in this Juris. [ 1001
Book 11124 ] Page [313 ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-109A0 ]
Tax Map Num. (if different than PIN) [55-109A ]
Short Property Description [6181 Rockfish Gap Turnpike TM#55-109A ]
Current Property Address (Address 1) [6181 Rockfish Gap Turnpike )
(Address 2) [ ]
(City, State, Zip) [Crozet ] [VA ] [22932 ]
Prior Instr. Recorded at: City ❑ County ❑ [
Book I ] Page [
Parcel Identification No (PIN) [
Tax Map Num. (if different than PIN) [
Short Property Description [
Current Property Address (Address 1) [
(Address 2) [
(City, State, Zip) [
Cover Sheet Page # 2 of 2
] Percent in this Juris. [
Instr. No [
`rrr✓
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Numbers 05500-00-00-109AO and 05500-00-00-11000
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 21 day of A r.` , 2017 by and
between FROEHLING & ROBERTSON, INC, (the "Grantor"), and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
"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 "PROPOSED FOREST AND
OPEN SPACE EASEMENT" to be dedicated to public use, shown on the plat of
Balzer and Associates, Inc., dated July 29, 2016, entitled "PLAT SHOWING A
PROPOSED FOREST AND OPEN SPACE EASEMENT, A PROPOSED
VARIABLE WIDTH SWM ACCESS EASEMENT, A PROPOSED 35'
PRIVATE ACCESS EASEMENT, AND A PROPOSED 35' SWM ACCESS
EASEMENT ACROSS TAX MAPS #55-110 & #55-109A, WHITE HALL
DISTRICT, COUNTY OF ALBEMARLE, 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 a portion of those certain lots or parcels of
land situated in the White Hall Magisterial District of the County of Albemarle, Virginia,
designated as TMP 05500-00-00-11000 and TMP 05500-00-00-109AO on a plat by Gloeckner &
Osborne, Inc., dated April 9, 1990 and recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 1122, page 212, also being the same property
conveyed to the Grantor by deed of Dan R. Weast and Sandra J. Weast, husband and wife, and
Glen A. Weast and Ella Weast, husband and wife, recorded in said Clerk's Office in Deed Book
1124, page 313; and
Version: 03/31/17
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 4900, page 303, 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:
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.
2
Version: 03/31/17
0
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.
Bindiniz 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
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 certifies 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.
3
Version: 03/31/17
u
WITNESS the following signatures.
GRANTOR: FROEHLING & ROBERTS N, INC.
Timoth A. Lynn
Chief Tcial Officer
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF -
J
/
The foregoing instrument was acknowledged before me this o? day of ,
2017 by Timothy A. Glynn, as Chief Financial Officer of Froehling & Robertson, Inc., a Virginia
corporation, Grantor, on behalf of the corporation.
My Commission Expires: nr
Registration number:A
lary Pub is
�.rrrrr
SA AN�,y,
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version: 03/31/17
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
MA
COUNTY OF ALBEMARLE, VIRGINIA
Do- uglas C. Walker '
Interim County Executive
The foregoing instrument was acknowledged before me this /4G' day of M4, ,
2017 by Douglas C. Walker, Interim County Executive, on behalf of the County of Al emarle,
Virginia, Grantee.
J__-��ly� ,c„s
Notary Public
My Commission Expire v -z /
Registration number: 5 -3 9 9 4
5
Version: 03/31/17
PLA T SHOW/NG
A PROPOSED FOREST AND OPEN SPACE EASEMENT,
A PROPOSED VARIABLE WIDTH SWM ACCESS EASEMENT,
A PROPOSED 35' PRIVATE ACCESS EASEMENT,
AND A PROPOSED 35' SWM ACCESS EASEMENT
ACROSS TAX MAPS #55-110 & J55 -109A
WHITE NAL.L DISTRICT
COUNTY OF ALBL.iIIARL$ VIRGINIA
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND: A PROPOSED FOREST AND OPEN
SPACE EASWD9 A PROPOSED IAR" MOTH SWAT ACCESS EASEWM,, A PROPOSED 35' PRIVATE
ACCESS EASEMENT, AND A PROPOSED 35' SNA/ ACCESS EASEWEWNT IS WITH THE FREE CONSENT AND IN
ACCORDANCE WITH THE QESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
DA
PRINTED NAME.• eala rnU e 1 S i r o�tar TITLE.• (2. S O
COMMONWEALTH OF VIRGINIA
CITY / COUNTY OF?kjLr`1ea TO WITJ
certify that
S _pI^orjjY)r
whose names are signed to the foregoing instrument
have acknowledged the some before me this 9th doy
of_ a6q , 2017
0 8
No oryPublic OU
Notary Registration Number. 7p q Q 515
My commission expires:__g/ 3a of A
DATE: 07/29/2016
SCALE: 1"=50'
JOB NO: 34150050.00
DRAWN BY: JAP
SHEET 1 OF 2
OF
A RQ11ALJRI%
1
C N B I N AGENT PAT
yard L Vance'
Uc. No. 1854
07/29/2016 ;
PLANNERS• ARCHITECTS• ENGINEERS• SURVEYORS
ROANOKE • RICHMOND • STAUNTON • HARRISONBURG•CHRISTIANSBURG
128 West Market Street•Su11e 1G3•Harrlspnburg.VA 22901•(540)433-1908•jpattm($balz r.cc
REFLECTING TOMORROW
LINE TABLE
LINEI
BEARING
DISTANCE
Ll I
551'00 24 E
16.76--
L2
S78' 14 11 E
45.76'
L3
S30'42 58
34.15
L4
N59'17 02
13.77
L5
N14'16 48 W8.82
L6
N30'42 58 E
11.45'
L7
7114'1702
42.80
tii
1) THIS PLAT REPRESENTS A CURRENT FIELD SURVEY.
2) THIS SURVEY WAS PERFORMED WITHOUT 7HE BENERT OF A TIRE REPORT AND IS SURIECT TO
INFORMA77ON DISCLOSED BY SUCH.
3) SUBJECT PARCELS ARE ZONED HIGHWAY COMMERCIAL (HC) AND ALSO LIE IN 771E ENTRANCE CORRIDOR
(EC) OVERLAY 0157RICT.
4) THIS PROPERTY UES IN A WA7ER SUPPLY PROTE077ON AREA AND SPECIRCALLY LIES IN 771E SOUTH
FORK RIVANNA RIVER W47ER SUPPLY WATERSHED.
5) THE FOREST AND OPEN SPACE EASEMENT lS BEING DEDIC47ED IN CON✓UNC77ON WITH CON57RUC77ON
AC770`77ES SHOWN ON PROJECTS ISDP2015000IJ AND 10P00201600038 RLED W17H THE COUNTY OF
ALBEMARLE.
6) 771E FOREST AND OPEN SPACE EASEMENT lS SUBJECT TO THE GUIDANCE SET FORTY BY DEO IN THE
KWIN14 STORMWA7ER MANAGEMENT PROGRAM. THE AREAS WILL REMAIN UNDISTURBED INA NA7URA4
VEGETATIVE STATE EXCEPT FOR ACT7V777E3 AS APPROVED BY THE LOCAL PROGRAM AUTVORl7Yr SUCH
AS FOREST MANAGEMENT, CONTROL OF INVASIVE SPECIES; REPLAN77NG AND REVEGETARNGr PASSIVE
RECRE477ON (E.G. TRNLS), AND LIM/lED BUSH HOGGING TO MNNTAIN A DESIRED VEGETATIVE COMMUNITY
(BUT NO MORE THAN FOUR 77MES A YEAR).
7) THE FOREST AND OPEN SPACE EASEMENT AREA IS TO BE RETURNED TO ITS NATURAL STA7E Af7ER
CONSTRUCAON lS COUPLE7E0.
8) /F ANY FUTURE DEVELOPMENT lS PROPOSED IN 771E FOREST AND OPEN SPACE EASEMENT AREA, THEN
771E E45EMENT 5 TO BE ADIUSTED ACCORDINGLY WITH PROPOSED DISTURBANCE BEING TREA70 /N
ACCORDANCE Wl771 771E CURRENT VIRG/NLA STORMWA7ER MANAGEMENT HANDBOOK REOUNSMENTS
ROCKFISH W TURNPIKE
ROUTE 250
MON/F (110' R -O -W) 18.54. 16.54' _
N75-4258 -E 311.50' N75'42 58 E 23J.76'
113.37' 1 #6183 I I TO A ROD/F
I 2 -STORY I
I FRAME BLDG 18.5'16.5)
m
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h USE
hI
m I FA &fU0Gdt ^I IN FROEWNG dk
h I RW
N IN ROaS S0)IV /NC
m I TAX MW 55-110 rAX AMP/ 55-109A
j h a { ❑ FRAME SHED D&1124 A -2313I p�j 1 a i;� DB 1124 PG.313
PROPOSEDDFOREST �� 1 1.762 ACS o I h� l 1.01 ACS
to
v i "?
OPEN SPACE �?� 7175.42 581 110.27' `I o �n I.�
2 m EASEMENT — — PROPOSES 35' PRIVATE
e k a i t PROPOSED VARIABLE k I `' ACCESS EASEMENT
e a843 ACS I I WIDTH SWM ACCESS I I AND
EASEMENT PROPOSED SWM
a 129 ACS ACCESS EASEWNT
N �%1�6 81.23,
'OI I a 181 ACS
'
l�S19;35-�
/ I
2 y I N7542581- 795.26'
x-42.01' 1 ROD/F 16.54' TO A ROD/F
300.
oo' 1s.a
165.27' FROEHLING & ,40BERTSON INC
'W TAX MAP# 55-109
ROD/ S6.3'0"4DR-1724 PG. -313
0' 50' 100'
I
�A op p f
%:V 'rP _
yard vans > S I
L09/ 1854 BMW
07/29/2016 / � I I
DATE: 07/29/2016 'J�'d gUgVE'
SCALE: 1"=50'
JOB NO: 34150050.00
DRAWN BY: JAP PLANNERS • ARCHITECTS • ENGINEERS • SURVEYORS
ROANOKE • RICHMOND • STAUNTON • HARRISONBURG• CHRISTIANSBURG
SHEET 2 OF 2 128 Weat Markt Street•SWte 103•H-Me-burg,VA 22801•(540)433-1908•jpattp Cdbalzer.=
RECORDED IN CLERICS OFFICE OF
ALBEMARLE ON
MAY 18, 2017 at 2:59:53 PM
AS REQUIRED BY A CODE §58.1-802
STATE: $0.00 LOCAL: $0.00
ft ALBEMARLE OUIiTY, VA
c6)
M
TMP: 05500-00-00-11000
This document prepared by and to be returned to:
Daniel Hansen
Balzer & Associates, Inc.
1561 Commerce Road, Suite 401
Verona, Virginia 24482
%✓
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF OPEN SPACE MAINTENANCE
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF OPEN SPACE MAINTENANCE (the "Declaration") is made this
day of , 2016, by FROEHLING & ROBERTSON, INC., a Virginia corporation
("Declarant"), to and for the benefit of the COUNTY OF ALBEMARLE, VIRGINIA and its
successors and assigns ("Beneficiary").
WITNESSETH:
WHEREAS, Declarant is the owner of a parcel of land known as Albemarle County Tax
Map 55 Parcel 110 pursuant to the plat/deed in Deed Book 1124, Page 313 (the "Property"); and
WHEREAS, Declarant desires to restrict the use of that portion of the property as shown
and described on a plat by Balzer & Associates, Inc. dated July 29, 2016, a copy of which is
hereto attached and made part of this Declaration as Exhibit `B" (hereinafter, the "Plat"), as
"Forest and Open Space Easement" in order to assure that said portion of the Property shall be
maintained as open space in perpetuity except as otherwise set forth in Section 5 of this
Declaration; and
WHEREAS, Declarant wishes to subject the Property to various covenants and
restrictions, and Beneficiary intends to join herein to evidence its consent thereto.
NOW THEREFORE, in consideration of the foregoing recitals incorporated herein and
made a part hereof, Declarant declares that the Property (as the same is more particularly
described on Exhibit "A", attached hereto and made a part hereof by this reference) shall be held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions,
licenses and reservations hereinafter set forth, which are for the purposes set forth in the Recitals
(incorporated herein by this reference) and shall be binding on all parties having any right, title
or interest in the Property or any part thereof, their respective successors and assigns, and which
shall inure to the benefit of each owner thereof.
SECTION ONE
RESTRICTIONS
Declarant hereby declares that the portion of the Property designated as "Forest and Open
Space Easement" on the Plat shall continue to subsist as forested/wooded/meadow area and shall
not be disturbed or graded other than as set forth herein. Accordingly, restrictions are hereby
imposed on the use of the "Forest and Open Space Easement" pursuant to the purposes set forth
in the Recitals, and the restrictions are as follows:
1. Industrial or commercial activities are prohibited, with the exception of activities to
restore or enhance wetlands or streams or restore, enhance or develop other ecosystem
functions on the Forest and Open Space Easement including, but not limited to, stream
bank restoration, wetland and stream mitigation, biological carbon sequestration and
biodiversity mitigation, provided that such activities are not in conflict or inconsistent
with the conservation purpose of the Declaration or the restrictions set forth herein.
2. Provided that the Forest and Open Space Easement remains in a natural vegetated state,
educational, scientific, religious or passive recreational activities are permitted on the
Forest and Open Space Easement, provided that they are consistent with the purposes of
this Declaration and do not impair the purposes set forth herein. Recreational activities
may include use of all or any portion of the Forest and Open Space Easement as a park
for passive recreational activities, such as hiking, photography, bird watching and nature
study.
3. No buildings, structures or permanent roads (public or private) are permitted on the
Forest and Open Space Easement; provided, however, that the Forest and Open Space
Easement may be subjected to various easements for subsurface utilities (public or
private) serving the remainder of the Property or other adjacent parcels, all as may be
deemed commercially reasonable by Declarant or Beneficiary; provided further,
however, that after installation, maintenance or removal of such utilities, any disturbed
soil shall be promptly restored to as close to its original condition as is reasonably
practicable or an engineered soil mix shall be placed per the design specifications, and
the Forest and Open Space Easement shall be returned to a natural vegetated state.
4. Accumulation or dumping of trash, refuse, junk or toxic materials is not permitted on the
Forest and Open Space Easement.
5. No billboards or other signs may be displayed on the Forest and Open Space Easement,
except for signs that relate to the Forest and Open Space Easement or to
permitted/prohibited activities (including commercial activities) thereon as determined by
Declarant from time to time in its reasonable discretion.
SECTION TWO
MANAGEMENT
Declarant, or its successors and assigns, as applicable, shall maintain the Forest and
Open Space Easement in a natural, vegetated state, provided, however, that Declarant, or any
successors and assigns, as applicable, shall manage such undisturbed areas as deemed
reasonably necessary by Declarant, or any successors or assigns, in order to practice forest
management, control invasive species, replant, revegetate and, where appropriate, bush hog to
maintain the desired vegetative community (provided, however, that bush hogging shall not be
performed more than four (4) times per calendar year). Specifically, Declarant or any
successors or assigns may remove or control, as appropriate: (1) trees and vegetation to
2
control insect and disease infestations and to prevent personal injury or property damages;
(2) dead, diseased and dying trees; (3) vegetation that is determined to be an "invasive exotic
species", as such species shall be determined by reference to the appropriate federal or state
agency list available at the time of removal or control; and (4) fallen trees that are blocking
stream channels, or trees with undetermined root systems in imminent danger of falling, where
stream bank erosion is a current or potential problem that outweighs any positive effects the
fallen tree or trees may have on the stream ecosystem. Nothing contained herein shall limit the
ability of Declarant, or any successors or assigns, from engaging in such other forest, land,
water, wildlife management and environmental activities and undertakings as such party deems
appropriate for sound farming or land management practices.
SECTION THREE
BENEFICIARY'S CONSENT
Beneficiary joins herein to evidence its consent to this Declaration, provided, however,
Beneficiary makes no warranty or any representation of any kind or nature concerning the
Declaration or any of its terms or provisions, or the legal sufficiency thereof and disavows any
such warranty or representation, it being understood that Beneficiary does not assume and shall
not be responsible for any of the obligations or liability of Declarant, its successors or assigns, as
contained in this Declaration.
SECTION FOUR
ENFORCEMENT
Beneficiary is an intended third party beneficiary of the terms, conditions and
restrictions imposed herein and shall have all of the rights to enforce such terms, conditions
and restrictions as the same are set forth in this Declaration. Declarant hereby creates, reserves
for itself, and grants to Beneficiary, a perpetual right and license, without obligation, for their
respective authorized employees and agents to enter upon the Forest and Open Space Easement
at reasonable times and upon reasonable advance notice to the owner to inspect for compliance
with the limitations set forth in Section 1. In the event Beneficiary determines that a violation
of this Declaration exists, after notice to the then -owner of the Forest and Open Space
Easement of such violation and a reasonable cure period, it may pursue any and all remedies
available at law or in equity against the then -owner of the Forest and Open Space Easement to
enforce this Declaration, including, seeking to enjoin the violation and to require corrective
action. Any costs which Beneficiary reasonably incurs in taking enforcement action under this
Declaration shall, upon Beneficiary's written demand, be promptly reimbursed by the owner of
the Forest and Open Space Easement or that portion thereof which is determined to be in
violation until paid. Enforcement action shall be at Beneficiary's discretion and delay or
forbearance by Beneficiary in exercising its rights hereunder in the event of a breach shall not
constitute a waiver by Beneficiary of the right thereafter to take action with respect to the same
or any subsequent breach. Nothing contained herein shall be construed to grant any right of
access over the Forest and Open Space Easement to the general public.
3
SECTION FIVE
GENERAL PROVISIONS
1. Duration. This Declaration shall be perpetual. It is a Declaration in gross that runs with
the land as an incorporeal interest in the Property. The covenants, terms, conditions, and
restrictions contained in this Declaration are binding upon, and inure to the benefit of,
the parties hereto and their successors and assigns, and shall continue as a servitude
running in perpetuity with the Property. The rights and obligations of an owner of the
Property under this Declaration terminate upon proper transfer of such owner's interest
in the Property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
2. Termination. If future development of or activity on the Property that is prohibited
pursuant to Section 1 of this Declaration is desired, then the Forest and Open Space
Easement shall be adjusted accordingly (i.e., deemed terminated with regard to such
disturbed area) with the proposed disturbance being treated in accordance with the
then -current Virginia Stormwater Management Handbook requirements. In addition to
meeting these requirements, the beneficiary of the proposed activity shall be responsible
to offset for the proposed disturbed area within the Forest and Open Space Easement any
prior treatment accounted for in the stormwater calculations for the Property described
in this Declaration. Upon termination of any portion of this Forest and Open Space
Easement, any residue of the Forest and Open Space Easement shall remain subject to
this Declaration.
3. Access. Although this Declaration may benefit the public, nothing herein shall be
construed to convey to the public a right of access to, or use of the Forest and Open
Space Easement. Subject to the terms hereof and any other covenants, restrictions or
conditions which affect the Forest and Open Space Easement, the Declarant retains the
exclusive right to such access.
4. Authority. Declarant represents and warrants that it has all right and authority to grant
and convey this Declaration, and that to the best of Declarant's knowledge the Forest and
Open Space Easement area is free and clear of all encumbrances (other than restrictions,
covenants, conditions, and utility and access easements and other matters of record),
including, but not limited to, any mortgages or deeds of trust not subordinated to this
Declaration.
5. Interaction with Other Laws. This Declaration does not permit any use of the Forest and
Open Space Easement that is otherwise prohibited by federal, state, or local law or
regulation.
6. Construction. Any general rule of construction to the contrary notwithstanding, this
Declaration shall be liberally construed in favor of the grant to effect the purposes of the
Declaration and purposes of Declarant. If any provision of this Declaration is found to be
ambiguous, an interpretation consistent with the purpose of this Declaration that would
render the provision valid shall be favored over any interpretation that would render it
4
*40/
invalid. Notwithstanding the foregoing, lawful acts or uses consistent with the purpose of
and not expressly prohibited by this Declaration are permitted on the Forest and Open
Space Easement.
7. Reference to Declaration in Subsequent Deeds. This Declaration shall be referenced by
deed book and page number, instrument number or other appropriate reference in any
deed or other instrument conveying any interest in the Property. Failure of any grantor to
comply with this requirement shall not impair the validity of the Declaration or limit its
enforceability in any way.
8. Amendment. Declarant may amend this Declaration to enhance or clarify the Forest and
Open Space Easement's conservation values or add to the restricted property by an
amended declaration, provided that no amendment shall (i) affect this Declaration's
perpetual duration unless terminated as set forth above, or (ii) conflict with or be contrary
to or inconsistent with the purpose of this Declaration. No amendment shall be effective
unless documented in a notarized writing executed by Declarant, or its successors or
assigns, as applicable, and recorded in the Clerk's Office.
[The remainder of this page intentionally left blank. Signatures follow on the next pages.]
G
WITNESS the following duly authorized signatures:
Froehling & Robertson, Inc., a Virginia
corporation
Bv:
Name: Tim Glynn
Its: Chief Financial Officer
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this day of ,
2016, by Tim Glynn, Chief Financial Officer of Froehling & Robertson, Inc., a Virginia
corporation, on its behalf.
My commission expires: _
Notary registration number:
C7
Notary Public
`%W/
Seen and agreed.
County of Albemarle, Virginia
By:
Name:
Its:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this day of , 2016, by _
of the County of Albemarle,
Virginia, on its behalf.
My commission expires:
Notary registration number:
7
Notary Public
EXHIBIT "A"
Property Description
Parcel III as described in Deed Book 1124, Page 316:
ALL that certain parcel of land together with improvements thereon and appurtenances thereunto
belonging, in the County of Albemarle, Virginia containing 1.762 acres as shown as Tax Map
Parcel 55-110 on the Plat and upon which Plat the property is bounded and described as follows:
TO find the point and place of beginning, commence at an iron set in the southern line of the
right of way of U.S. Route 250 located 2,502.99 feet west of a VDOT monument; thence S 83°
05' 57" W a distance of 233.76 feet to an iron set, the point and place of beginning; thence S 03°
01' 54" E a distance of 224.17 feet to an iron set; thence S 71° 18' 13" W a distance of 300.00
feet to an iron set; thence N 07° 26' 43" W a distance of 285.00 feet to a VDOT monument
found; thence N 83° 05' 57" E a distance of 311.50 feet to an iron set , the point and place of
beginning.
BEING the same parcels of property conveyed to Glen A. Weast and Dan R. Weast by deed from
Joel M. Chochran, Trustee, dated February 7, 1976 and recorded in the Clerk's Office, Circuit
Court, Albemarle County, Virginia in Deed Book 589, page 471.
sw
[See attached]
EXHIBIT "B"
Plat
02
TMP: 05500-00-00-11000
This document prepared by and to be returned to:
Daniel Hansen
Balzer & Associates, Inc.
1561 Commerce Road, Suite 401
Verona, Virginia 24482
M
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF OPEN SPACE MAINTENANCE
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF OPEN SPACE MAINTENANCE (the "Declaration") is made this --2-3
day of [dune' [20161, by Froehling & Robertson, n -e 2016, by
FROEHLING & ROBERTSON. INC., a Virginia Corporatierr,("Declarant"),=to
and for the County of Albem Lebengfit of the COUNTY OF ALBEMARLE, VIRGINIA and its
successors and assigns ("Beneficiary").
WITNESSETH:
WHEREAS, Declarant is the owner of a parcel of land known as Albemarle County Tax
Map f=55=1 Parcel 1=110A pursuant to the plat/deed in Deed Book [=1124=]-,1124 Page 313=1
(the "Property"); and
WHEREAS, Declarant desires to restrict the use of that portion of the property as shown
and described on a plat by f Balzer & Associates, Inc.} dated {June 23, 2n�2016. a copy of which
is hereto attached and made part of this Declaration as Exhibit `B" (hereinafter, the "Plat")-L4U
designated on the Plat I as "SWM Open Space Easement" in order to assure that said portion of the
prepertyPronerty shall be maintained as open space in perpetuity unless except as otherwise set
forth in seetienSection 5 of this Declaration; and
WHEREAS, Declarant wishes to subject the Property to various covenants and
restrictions, and Beneficiary intends to join herein to evidence its consent thereto.
NOW THEREFORE, in consideration of the foregoing recitals incorporated herein and
made a part hereof, t1L—Declarant declares that the Property (as the same is more particularly
described on SeheduleExhibit "A", attached hereto and made a part hereof by this reference) shall
be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions,
licenses and reservations hereinafter set forth, which are for the purposes set forth in the Recitals
(incorporated herein by this reference) •wand shall be binding on all parties having any right,
title or interest in the Property or any part thereof, their respective successors and assigns, and
which shall inure to the benefit of each owner thereof.
SECTION ONE
RESTRICTIONS
Declarant hereby declares that the portion of the prepert}Pronerty designated as "SWM
Open Space Easement" on the Plat shall continue to subsist as forested/wooded/meadow area and
M
shall not be disturbed or graded other than as set forth herein. Accordingly, restrictions are hereby
imposed on the use of the "SWM Open Space Easement" pursuant to the purposes set forth in the
Recitals, and the restrictions are as follows:
1. Industrial or commercial activities are prohibited, with the exception of activities to restore
or enhance wetlands or streams or restore, enhance; or develop other ecosystem functions
on the SWM Open Space Easement including, but not limited to, stream bank restoration,
wetland and stream mitigation, biological carbon sequestration and biodiversity
mitigation, provided that such activities are not in conflict or inconsistent with the
conservation purpose of the Declaration or the restrictions set forth herein.
2. Provided that the SWM Open Space Easement remains in a natural; vegetated state,
educational, scientific, religious, or passive recreational activities are permitted on the
SWM Open Space Easement, provided that they are consistent with the purposes of this
Declaration and do not impair the purposes state set forth herein. Recreational activities
may include use of all or any portion of the SWM Open Space Easement as a park for
passive recreational activities, such as hiking, photography, bird watching, and nature
study.
3. No buildings, structures; or permanent roads (public or private) are permitted on the SWM
Open Space Easement,i provided, however, that the SWM Open Space Easement may be
subjected to various easements for subsurface utilities (public or private) serving the
remainder of the Property or other adjacent parcels, all as may be deemed commercially
reasonable by Declarant or Albemarle County (the "County"),Beneficiary: provided
further, however, that after installation, maintenance or removal of such utilities, any
disturbed soil shall be imniediatelypromptly restored to as close to its original condition as
is reasonably practicable or an engineered soil mix shall be placed per the design
specifications, and the SWM Open Space Easement shall be returned to a natural
vegetated state.
4. Accumulation or dumping of trash, refuse, junk or toxic materials is not permitted on the
SWM Open Space Easement.
5. No billboards or other signs may be displayed on the SWM Open Space Easement, except
for signs that relate to the SWM Open Space Easement or to permitted/prohibited activities
(including commercial activities) thereon as determined by Declarant from time to time in
its reasonable discretion.
SECTION TWO
MANAGEMENT
Declarant, or its successors and assigns, as applicable, shall maintain the SWM Open
Space Easement in a natural, vegetated state, provided, however, that Declarant, or any
successors and assigns, as applicable, shall manage such undisturbed areas as deemed reasonably
necessary by Declarant, or any successors or assigns, in order to practice forest management,
control invasive species, replant, revegetate and, where appropriate, bush hog to maintain the
desired vegetative community (provided, however, that bush hogging shall not be performed
2
more than four (4) times per calendar year). Specifically, Declarant or any successors or assigns
may remove or control, as appropriate: (1) trees and vegetation to control insect and disease
infestations and to prevent personal injury or property damages; (2) dead, diseased and dying
trees; (3) vegetation that is determined to be an "invasive exotic species", as such species shall be
determined by reference to the appropriate federal or state agency list available at the time of
removal or control; and (4) fallen trees that are blocking stream channels, or trees with
undetermined root systems in imminent danger of falling, where stream bank erosion is a current
or potential problem that outweighs any positive effects the fallen tree or trees may have on the
stream ecosystem. Nothing contained herein shall limit the ability of Declarant, or any
successors or assigns, from engaging in such other forest, land, water, wildlife management and
environmental activities and undertakings as such party deems appropriate for sound farming or
land management practices.
SECTION THREE
BENEFICIARY'S CONSENT
Beneficiary joins herein to evidence its consent to this Declaration, provided, however,,
Beneficiary makes no warranty or any representation of any kind or nature concerning the
Declaration or any of its terms or provisions, or the legal sufficiency thereof and disavows any
such warranty or representation, it being understood that Beneficiary does not assume and shall not
be responsible for any of the obligations or liability of Declarant, its successors or assigns, as
contained in this Declaration.
SECTION FOUR
ENFORCEMENT
It h it ' of � party to this Dee ati t r * Beneflciary is an intended third
..«.oug�� �� r ,
party beneficiary of the terms, conditions and restrictions imposed herein and shall have all of
the rights to enforce such terms, conditions and restrictions as the same are set forth in this
Seetion. Declaration. Declarant hereby creates, reserves for itself, and grants to the
Cou atyBeneficiarv, a perpetual right and license, without obligation, for their respective
authorized employees and agents to enter upon the SWM Open Space Easement at reasonable
times and upon reasonable advance notice to the owner to inspect for compliance with the
limitations set forth in Section 1. In the event the CountyBeneficiary determines that a violation
of this Declaration exists, after notice to the then -owner of the SWM Open Space Easement of
such violation and a reasonable cure period it may pursue any and all remedies available at law
or in equity against the then =owner of the SWM Open Space Easement to enforce this
Declaration, including, seeking to enjoin the violation and to require corrective action. Any
costs which the Ceun4yBeneficiary reasonably incurs in taking enforcement action under this
Declaration shall, uponBeneficiary's written demand, be promptly reimbursed by the
owner of the SWM Open Space Easement or that portion thereof which is determined to be in
violation until paid. Enforcement action shall be at the EeuntLyBeneficiarv's discretion and delay
or forbearance by the -Ee Beneficiary in exercising its rights hereunder in the event of a
breach shall not constitute a waiver by the -Ee yBeneficiary of the right thereafter to take
action with respect to the same or any subsequent breach. Nothing contained herein shall be
construed to grant any right of access over the SWM Open Space Easement to the general public.
3
SECTION FIVE
GENERAL PROVISIONS
1. Duration. This Declaration shall be perpetual. It is a Declaration in gross that runs with
the land as an incorporeal interest in the Property. The covenants, terms, conditions, and
restrictions contained in this Declaration are binding upon, and inure to the benefit of, the
parties hereto and their successors and assigns, and shall continue as a servitude running
in perpetuity with the Property. The rights and obligations of an owner of the Property
under this Declaration terminate upon proper transfer of such owner's interest in the
Property, except that liability for acts or omissions occurring prior to transfer shall survive
transfer.
2. Termination. If1moh WW future development of or activity as se4 rnFth in seefien 1 ^n the
Property that is prohibited pursuant to Section 1 of this Declaration is desired, then the
easeme Open Space Easement shall be adjusted accordingly i.e.. deemed
terminated with regard to such disturbed areal with the proposed disturbance being treated
in accordance with the then -current Virginia Stormwater Management Handbook
requirements. In addition to meeting these requirements, the beneficiary of the proposed
activity shall be responsible to offset for the proposed disturbed area within the SWM
Open Space Easement any prior treatment accounted for in the stormwater calculations for
the prep eAyProne ty described in this Declaration. Upon termination of any portion of
this easenien SWM Open Space Easement, any residue easementofthe SWM Open Space
Easement shall sill-beremain subject to this Declaration.
3. Access. Although this Declaration may benefit the public, nothing herein shall be
construed to convey to the public a right of access to, or use of the SWM Open Space
Easement. Subject to the terms hereof and any other covenants, restrictions or conditions
which affect the SWM Open Space Easement, the Declarant retains the exclusive right to
such access.
4. Authority. Declarant represents and warrants that it has all right and authority to grant and
convey this Declaration, and that *�iric PrepeTo the best of Declarant's knowledge the
SWM Open Space Easement area is free and clear of all encumbrances (other than
restrictions, covenants, conditions, and utility and access easements and other matters of
record), including, but not limited to, any mortgages or deeds of trust not subordinated to
this Declaration.
5. Interaction with Other Laws. This Declaration does not permit any use of the
PrepeAySWM Open Space Easement that is otherwise prohibited by federal, state, or local
law or regulation.
6. Construction. Any general rule of construction to the contrary notwithstanding, this
Declaration shall be liberally construed in favor of the grant to effect the purposes of the
Declaration and purposes of Declarant. If any provision of this Declaration is found to be
ambiguous, an interpretation consistent with the purpose of this Declaration that would
render the provision valid shall be favored over any interpretation that would render it
4
invalid. Notwithstanding the foregoing, lawful acts or uses consistent with the purpose of
and not expressly prohibited by this Declaration are permitted on the SWM Open Space
Easement.
7. Reference to Declaration in Subsequent Deeds. This Declaration shall be referenced by
deed book and page number, instrument number or other appropriate reference in any deed
or other instrument conveying any interest in the Property. Failure of any grantor to
comply with this requirement shall not impair the validity of the Declaration or limit its
enforceability in any way.
8. Amendment. Declarant may amend this Declaration to enhance or clarify the SWM Open
Space Easement's conservation values or add to the restricted property by an amended
declaration, provided that no amendment shall (i) affect this Declaration's perpetual
duration unless terminated as set forth above, or (ii) conflict with or be contrary to or
inconsistent with the purpose of this Declaration. No amendment shall be effective unless
documented in a notarized writing executed by Declarant, or its successors or assigns, as
applicable, and recorded in the Clerk's Office.
[The remainder of this page intentionally left blank. Signatures follow on the next
el•]
5
swI
WITNESS the following duly authorized signatures:
Froehling & Robertson, Inc., a Virginia
Cerperatiencornoration
RA
Name: Tim Glynn
Its: Chief Financial Officer
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this day of , 2016,
by TIAs G VNN1 m Glynn, Chief Financial Officer of Froehling & Robertson, Inc., a Virginia
C-erperatiencorooration, on its behalf.
My commission expires:
Notary registration number:
M
Notary Public
Seen and agreed.
County of Albemarle. Virginia
By:
Name:
Its:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF to -wit:
The foregoing instrument was acknowledged before me this day of , 2016, by
of the County of Albemarle, Virginia,
on its behalf.
My commission expires:
Notary registration number:
7
Notary Public
M
SC14EDULEEXK1=B=1=Tj "A"
Property Description
Parcel III as described in Deed Book 1124, Page 316:
ALL that certain parcel of land together with improvements thereon and appurtenances thereunto
belonging, in the County of Albemarle, Virginia containing 1.762 acres as shown as Tax Map
Parcel 55-110 on the Plat and upon which Plat the property is bounded and described as follows:
TO find the point and place of beginning, commence at an iron set in the southern line of the right
of way of U.S. Route 250 located 2,502.99 feet west of a VDOT monument; thence S 83° 05' 57"
W a distance of 233.76 feet to an iron set, the point and place of beginning; thence S 03° 01' 54" E
a distance of 224.17 feet to an iron set; thence S 71' 18' 13" W a distance of 300.00 feet to an iron
set; thence N 07° 26' 43" W a distance of 285.00 feet to a VDOT monument found; thence N 83°
05' 57" E a distance of 311.50 feet to an iron set, the point and place of beginning.
BEING the same parcels of property conveyed to Glen A. Weast and Dan R. Weast by deed from
Joel M. Chochran, Trustee, dated February 7, 1976 and recorded in the Clerk's Office, Circuit
Court, Albemarle County, Virginia in Deed Book 589, page 471.
[See attached)
29
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Declaration of Open Space Maintenance 7-21-16
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PLA T SHOWING
A PROPOSED FOREST AND OPEN SPACE EASEMENT,
A PROPOSED VARIABLE WIDTH SWM ACCESS EASEMENT,
A PROPOSED 35' PRIVATE ACCESS EASEMENT,
AND A PROPOSED 35' SWM ACCESS EASEMENT
ACROSS TAX MAPS #55-110 & #55-109A
WH/TE HALL DIS TRIC T
COUNTY OF ALBEMARLE, V/RGIA44
o-�o
ADO
mr
ROCKFISH GAP
HILLSBORO LANE 0 TURNPIKE
SITE
F�
ST�TF
�J
VICINITY MAP 1 'a2, 000'
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND: A PROPOSED FOREST AND OPEN
SPACE EASEMENT, A PROPOSED VARA BLE W/DTH SWM ACCESS EASEMENT, A PROPOSED 35' PRIVATE
ACCESS EASEMENT, AND A PROPOSED 35' SWM ACCESS EASEMENT IS WITH THE FREE CONSENT AND IN
ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
SIGNATURE DA TE.-
PRINTED NAME. TITLE -
COMMONWEALTH OF VIRGINIA
CITY / COUNTY OF
1, certify that
TO W/ Ty
whose names are signed to the foregoing instrument
have acknowledged the some before me this day
of , 2016.
Notary Public
Notary Registration Number:_
My commission expires:
APPROVAL
COUNTY SUBDIVISION AGENT DATE
� T OF Lrp
�� v r ,
,,Ho,vard L. Vance.'
Lic. No. 1854
07/29/2016
DATE: 07/29/2016 l� x.04'
SCALE: 1 "=50' SUg�E
3 JOB NO: 34150050.00
DRAWN BY: JAP PLANNERS • ARCHITECTS • ENGINEERS • SURVEYORS
w ROANOKE • RICHMOND • STAUNTON • HARRISONBURG•CHRISTIANSBURG
SHEET 1 OF 2 128 West Market Street•Suit.103•Harrisonburg, VA 22801•(540)433-1908• jpatton@balzer.cc
AND ASSOCIATES INC.
REFLECTING TOMORROW
I�
O
MON/F
-ii
NOTES.•
1) THIS PLAT REPRESENTS A CURRENT FIELD SURVEY.
2) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND IS SUBJECT TO
INFORMATION DISCLOSED BY SUCH.
3) SUBJECT PARCELS ARE ZONED HIGHWAY COMMERCIAL (HC) AND ALSO LIE IN THE ENTRANCE CORRIDOR
(EC) OVERLAY DISTRICT.
4) THIS PROPERTY LIES IN A WATER SUPPLY PROTECTION AREA AND SPECIFICALLY LIES IN THE SOUTH
FORK RIVANNA RIVER WATER SUPPL Y WATERSHED.
5) THE FOREST AND OPEN SPACE EASEMENT IS BEING DEDICATED IN CONJUNCTION WITH CONSTRUCTION
ACTIVITIES SHOWN ON PROJECTS #50P201600013 AND #WP00201600038 FILED WITH THE COUNTY OF
ALSEMARLE.
6) THE FOREST AND OPEN SPACE EASEMENT /5 SUB✓ECT TO THE GUIDANCE SET FORTH BY DEQ IN THE
VIRGINIA STORMWATER MANAGEMENT PROGRAM. THE AREAS WILL REMAIN UNDISTURBED IN A NATURAL,
VEGETATIVE 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 A DESIRED VEGETATIVE COMMUNITY
(BUT NO MORE THAN FOUR RUES A YEAR).
7) THE FOREST AND OPEN SPACE EASEMENT AREA IS TO BE RETURNED TO ITS NATURAL STATE AFTER
CONSTRUCTION /S COMPLETED.
8) IF ANY FUTURE DEVELOPMENT /S PROPOSED IN THE FOREST AND OPEN SPACE EASEMENT AREA, THEN
THE EASEMENT /S TO SE ADJUSTED ACCORDINGLY WITH PROPOSED DISTURBANCE BE/NG TREATED /N
ACCORDANCE WITH THE CURRENT VIRGINIA STORMWATER MANAGEMENT HANDBOOK REQUIREMENTS.
ROCKFISH GAP TURNPIKE
ROUTE 250
(110' R—O—W)
N75'4258 "E
311.50'
18.54' 16 54'
113.37' I
#6183
2—STORY
FRAME BLDG 118.5
LINE TABLE
:W I •
LINEI
BEARING DISTANCE
Ll
S51 '00 24 E
16.76
L2
S78' 14'117-
45.76
L3
S30'42 58 V
34.15
L 4
N5,9'1 7 02
13.77
L5
N14'16 48 W
8.82
L6 105,42587-
11.45
L7 1
N14'17 02 W
42.80
MON/F
-ii
NOTES.•
1) THIS PLAT REPRESENTS A CURRENT FIELD SURVEY.
2) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND IS SUBJECT TO
INFORMATION DISCLOSED BY SUCH.
3) SUBJECT PARCELS ARE ZONED HIGHWAY COMMERCIAL (HC) AND ALSO LIE IN THE ENTRANCE CORRIDOR
(EC) OVERLAY DISTRICT.
4) THIS PROPERTY LIES IN A WATER SUPPLY PROTECTION AREA AND SPECIFICALLY LIES IN THE SOUTH
FORK RIVANNA RIVER WATER SUPPL Y WATERSHED.
5) THE FOREST AND OPEN SPACE EASEMENT IS BEING DEDICATED IN CONJUNCTION WITH CONSTRUCTION
ACTIVITIES SHOWN ON PROJECTS #50P201600013 AND #WP00201600038 FILED WITH THE COUNTY OF
ALSEMARLE.
6) THE FOREST AND OPEN SPACE EASEMENT /5 SUB✓ECT TO THE GUIDANCE SET FORTH BY DEQ IN THE
VIRGINIA STORMWATER MANAGEMENT PROGRAM. THE AREAS WILL REMAIN UNDISTURBED IN A NATURAL,
VEGETATIVE 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 A DESIRED VEGETATIVE COMMUNITY
(BUT NO MORE THAN FOUR RUES A YEAR).
7) THE FOREST AND OPEN SPACE EASEMENT AREA IS TO BE RETURNED TO ITS NATURAL STATE AFTER
CONSTRUCTION /S COMPLETED.
8) IF ANY FUTURE DEVELOPMENT /S PROPOSED IN THE FOREST AND OPEN SPACE EASEMENT AREA, THEN
THE EASEMENT /S TO SE ADJUSTED ACCORDINGLY WITH PROPOSED DISTURBANCE BE/NG TREATED /N
ACCORDANCE WITH THE CURRENT VIRGINIA STORMWATER MANAGEMENT HANDBOOK REQUIREMENTS.
ROCKFISH GAP TURNPIKE
ROUTE 250
(110' R—O—W)
N75'4258 "E
311.50'
18.54' 16 54'
113.37' I
#6183
2—STORY
FRAME BLDG 118.5
PROPOSEDD
DFOREST �� \ 1.762 ACSAN
I
OPEN SPACE N7_5'42'58"E 11_0.27' �l o
EASEMENT T t— PROPOSED VARIABLE _
0.843 ACS I I WIDTH SWM ACCESS I
16527
563,5,1 "W
DATE: 07/29/2016
SCALE: 1 "=50'
3 JOB NO: 34150050.00
DRAWN BY: JAP
x
SHEET 2 OF 2
I I EASEMENT 0Q? I-
0.
-
0.129ACS h
�/� 81.21
S793507'�V —'4
to
5
I —42.01 1 ROD/F
300.00 19.2
'42'587- 23,
TO A ROD/F
fROSKING &
ROBERTSON INC
TAX M6API 55-1094
D& 1124 PG.'313
1.01 ACS
PROPOSED 35' PRIVATE
ACCESS EASEMENT
AND
PROPOSED SWM
ACCESS EASEMENT
0.181 ACS
N75'42'58'- 195.26'
16.54' TO A ROL)
FROEHLING & ROBERTSON INC
TAX MAP# 55-109
DB: 1124 PG.•313
7 OF yj�P
and L. Vance'
Lic. No. 1854
07/29/2016
le
�D S
AND ASSO
INC.
PLANNERS• ARCHITECTS• ENGINEERS• SURVEYORS
ROANOKE • RICHMOND • STAUNTON • HARRISONBURG•CHRISTIANSBURG REFLECTING TOMORROW
128 West Market Street -Suite 103• Harrisonburg, VA 22801 • (540)433-1908 • Jpatton(jobalzer.cc
:W I •
i
I
t
BLOCK WELL
N
HOUSE
I
FRO HUNG &
I
ROBERT50N INC
I
I
rAX AMPI 55-110
I
0 FRAME SHED D& 1124 PG. -313
I ►�
PROPOSEDD
DFOREST �� \ 1.762 ACSAN
I
OPEN SPACE N7_5'42'58"E 11_0.27' �l o
EASEMENT T t— PROPOSED VARIABLE _
0.843 ACS I I WIDTH SWM ACCESS I
16527
563,5,1 "W
DATE: 07/29/2016
SCALE: 1 "=50'
3 JOB NO: 34150050.00
DRAWN BY: JAP
x
SHEET 2 OF 2
I I EASEMENT 0Q? I-
0.
-
0.129ACS h
�/� 81.21
S793507'�V —'4
to
5
I —42.01 1 ROD/F
300.00 19.2
'42'587- 23,
TO A ROD/F
fROSKING &
ROBERTSON INC
TAX M6API 55-1094
D& 1124 PG.'313
1.01 ACS
PROPOSED 35' PRIVATE
ACCESS EASEMENT
AND
PROPOSED SWM
ACCESS EASEMENT
0.181 ACS
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FROEHLING & ROBERTSON INC
TAX MAP# 55-109
DB: 1124 PG.•313
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and L. Vance'
Lic. No. 1854
07/29/2016
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