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HomeMy WebLinkAboutWPO201600069 Easements WPO VSMP 2017-03-28 ��OF �® lll U ®_- 4111612: QIP 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: March 28, 2017 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: WP0201600069—The Vue Date Submitted: 3-28-17 Dear Mr. Blair: Ms. Groth has prepared and submitted a signed Deed of Dedication and Easement for the above named project. This document is meant for the DEQ required Forest&Open Space Easement shown on the attached plat and is to be recorded with the plat after it is signed by the County Attorney and the Interim County Executive. At your earliest convenience, please review and sign these documents and route them to Doug Walker for signature. Please let me know after they have been signed and I will pick them up. Should you have any questions or comments please feel free to contact me. Sincerely, Matt Wentland,PE Civil Engineer II 9 ()CD, -5 J County of Albemarle a Department of Community Development AA- 1-t 401 McIntire Road 0Ortt\i'2—,{ _1r Charlottesville, VA 2290 mwentland@albemarle.org j (434)296-5832,phone ex.3458 2 z APINNACLE CONSTRUCTION Transmittal #51 DEVELOPMENT CORPORATION Pinnacle Construction&Development Corporation Project: -The Vue 1821 Avon St Suite 200 1194 Blue Ridge Ave. Charlottesville,Virginia 22902 Crozet,Virginia 22932 Phone:(434)979-2900 Phone:TBD Fax:(434)979-0001 Fax:TBD VU Deed of Dedication & Easement SWM Forest TO: Matthew Wentland(Albemarle County Community FROM: Betty Groth(Pinnacle Construction&Development) Development) 1821 Avon St.Suite 200 401 McIntire Rd North Wing Charlottesville,Virginia 22902 Charlottesville,Virginia 22902 CREATED DATE:03/28/2017 COPIES TO: William Park(Pinnacle Construction&Development Corporation),Betty Groth(Pinnacle Construction&Development Corporation) TRANSMIT: VIA: FOR: ACTION: Attached Attached Further Processing Sent date 03/28/17 Transmittal Items DESCRIPTION FORMAT DATE COPIES VU Deed Easement SWM Forest WNP 201703_28.pdf. (view) Document 03/28/2017 1 VU easement plat signature title half sheet.pdf. (view) Document 03/17/2017 1 Comments Matt,attached for signature by the Interim County Executive is the Deed of Dedication and Easement for the Vue project in Crozet.SDP2016-00049 Note that the plat showing"Limits of SWM Facility Easements and SWM Forest and Open Space Easements"has already been signed by the owner and Mark Graham for the County.(1/2 sheet with signatures attached FYI). Please contact me as soon as this is ready to be picked up. Thanks, Betty Groth bgroth©pinnacleconstructionva.com 434-979-2900 ext 112 3�*7 afr7/— DATE COPIES TO Pinnacle Construction&Development Page 1 of 1 Printed On:03/28/2017 09:39 AM Corporation This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Number 05600-00-00-006A0 and 05600-00-00-11500 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 thisl1' day of cvtc _. , 2017 by and between VUE REALTY PARTNERS LLC, a Virginia limited liability company, 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 "Limits of SWM Forest and Open Space Easement", shown on the plat of Hamrick Engineering, P.C., dated January 6, 2017, entitled Plat Showing Limits of SWM Facility Easements and SWM Forest and Open Space Easement Vue Realty Partners, LLC Property", 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 Whitehall Magisterial District of the County of Albemarle, Virginia, being the same property conveyed to the Grantor by deeds recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia(the"Clerk's Office") in Deed Book 4858,page 524 and Deed Book 4856,page 582, hereinafter called the "Property"; and WHEREAS,the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled"Stormwater Management Facilities Maintenance Agreement" (hereinafter,the"Maintenance Agreement"), recorded in the Clerk's Office in Deed Book 4886, page 402, in which the Grantor has agreed to construct and maintain on-site stormwater management/BMP facilities; and 1 Version: 11/25/14 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. 4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 2 Version: 11/25/14 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 respective successors and assigns. All references to the "Grantee,"when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. 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. WITNESS the following signatures. GRANTOR: VUE REALTY PARTNERS LLC, a Virginia limited liability company By: Mid Town Square, L.L.C., a Virginia li •' - _ . •ili► ompan is sole member By: /i_� i Liam N. Park, managing member COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 19'162. ✓i a r!'`- • The foregoing instrument was acknowledged before me this ?flay of Ma''l1 2017 by William N. Park, managing member of Mid Town Square, L.L.C., a Virginia limited liability company, in its capacity as the sole member of Vue Realty Partners LLC, a Virginia limited liabili •m. , , •n beha of the company, Grantor. ' /t� I� / l •vi � 111illllll�/// r \1r �pAONi4;4• `ice ,• •ub iC (4, lS •y My Commission Expires: ///.3e/2-0/7 _ • c REGIS3RA50�N NO. '. .MY COMM.EXPIRES: _ 11/30/2017 Registration Number: 3s-75-s-6OpIR0^.•G ///11/1 1111111\"\\ SIGNATURES CONTINUE ON THE FOLLOWING PAGE 3 Version: 11/25/14 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 March, 2017 by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to form: County Attorney 8543228-5 025493.00191 4 Version: 11/25/14 7 l' DRESS: PROPERTIES ZONED R-6 RESIDENTIAL. PORTIONS WITHIN 100 YEAR FLOOD RS, LLC HAZARD OVERLAY DISTRICT. SUITE 200 SP 1990-103 ORCHARD ACRES APPLIES TO TMP 550-3-A A 22902 PLAIN CROSSING WITH CONDITIONS. LLOWS FLOOD PORT/ON OF TAX MAP PARCEL 56-1 15 IS IN THE CROZET HISTORICAL DISTRICT OVERLAY. PROPERTIES SHOWN ARE WITHIN LICk/NGHOLE CREEK WATER SUPPLY ) WATERSHED AND SOUTH FORK RIVANNA WATER SUPPLY WATERSHED. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED N. WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE ACCORDANCE r THE PLAT7YNG OR DEO/CAT/ON OF THE FOLLOWING DESCRIBED SWM FACILITY EASEMENTS AND SWM FOREST AND OPEN SPACE EASEMENT, VOL- REALTY v. PARTNERS", LLC PROPERTY IS wing THE FREE CONSENT AND IN ACCORDANCE 1 .\4 WITH THE DESIRE OF THE UNDERSIGNED OWNPROPRIETORS AND TRUSTEES, IF ANY: FOR VUE REALTY PARTNERS, LLC A VIRGINIA LIMITED LIABILITY COMA +' 0 0 BY: MID TOWN Ss - A VIRGIN/A LIQ- e ' -'NY /TS MANAGE' ms* r BY: WLLIA . PARK N ITS MANAGER STATE OF VIRGINIA 11 COUNTY OF ALBEMARLE TO WIT: i _TA"------'7 _ THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED J ...... ..._M =' BEFORE ME TH/S L 7 `- :L'4 Nf'' ,3Ct DAY OF t;,fi t" , 2017 BY A1G3ER'"- -- WILLIAM N. PARK, MANAGER OF MID TOWN SQUARE, L.L.C., 1"1 -32 `~ A VIRGIN/A LIMITED LIABILITY COMPANY, IN /TS CAPACITY AS _ --—.474 THE MANAGER OF VUE REALTY PARTNERS, LW, A VIRGINIA �� 4 1%4 von sttrtittitli,ttt ; 1 222,P.394 IPF ® '' sE1 H trtr LIMITED LIABILITY COMPANY, ON BEHALF OF THE COMPANY. '�* ` t�� i 3.25' \mow, �Mo1iW�` 1 MY C* MISS 0 F..XPI ES: f t �' ��`� ^*% j 15,-re 293 6 F e• r ,`I J R5 4..'..1.1'-'" I 3 Nt rs,el 1 '/''' ., 3 s. 11130/201 k+ � rOTARY PUBLIC DATE 4w ;N j . 4 . dik, 14 h AG IF FOR BOARD OF SUPERVISORS Qi(7 D•TE 11 41 SWM FOREST AND OPEN SPACE EASEMENT SWM FAC/CITY EASEMENT NO: LINE TABLE LIN C: ________________Ll S9'37°56 E 28.81" BEARING DISTAn+'CE 14) F1 N 8C12Y2CJ4" E" 37.45' Q L2 S53'08'43 E 17.70' F2 S 50'16'02" ,&"' 4�S9 i L3 S28.38'50" 45.67' E3 N 39'43'58 E 37,-- i L5 ST55371153' F4 N 35 W 99.96' S4679'59"E33.38' F5 S 80"22104" :2- $1) 7. 14 s _____________L6 S26;31'4 "E 19.37' F6 S 09'37'56' E49.0 4 L7 S26`31'49'"5 23.43' F7 S 80'2,2 04 W 20:00 L8 S 19'48'49 kr E 1 10.83 -r7s N 71.a5r5_ E 3 ,825' L9 S33.50'53"W N 06;30'52 E 38.48' ...._________L,.1 0 S33.5D'S3 72.59 F10 N 1 9'37 6 W 34.76' ` /PF=IRON P/N FOUND .._.____,____d__.._____:33'F1 1 N 35 44 W 84.00 /PS=IRON PIN SET F12 S 54 25 16 W 34 N56.09'07' 1 4:20' IPF VARIABLE R.W.S.A. WATER LINE A. QF 1' Cr' ' EASEMENT 7.•sr tS y�; 1 �0 p ,; , .. ' ' " 4" )7- r JERRY L. SHEFFER .s ,s' a Lic. o. 1212 )+L- .. 1 S56'44'1 2"W : , 42.08' t lv/t"I d ' 'KO SURW. �- ®0 e 1 691 .. ATE -0,,,I,3 SWM RO PLAT SHOWING L/M/TS OF 'M S�'6 20' A.C.SA. FACILITY EASEMENTS AND SANITARY SEWER EASEMENT SWM FOREST AND OPENSPACE 979,P. 132 \ EASEMENT DB. \ \ VUE REALTY PARTNERS, LLC PROPERTY \\ \\� WHITEHALL DISTRICT, ALBEMARLE COUNTY, V/RG/N/A s SCALE 1 " ;:�c1-R=1172.58' 0 ...T'50'06" = 100' JANUARY 6 ARC=78.48' TAN=39.26' 2017 CHD=N79.09'05"W 78.47' HAMR/CK ENGINEERING, P.C, IC2-R=1 172.58' Q=2'00117" ENGINEERS — SURVEYORS — PLANNERSARC=41.03' TAN=20.52' cID=V78.14'1o"W 41.03' 156 LAUREL HILL ROAD, VERONA, VIRGIN/A C3-R=1172.58' o=1.4='49" ARC=37.46' TAN=18.73' CHD=N80'09'1 3"W 3Z 45' SHEET 1 OF 2 tArIA`LiPkNi,,llifir 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: March 28,2017 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: WPO201600069—The Vue Date Submitted: 3-28-17 Dear Mr. Blair: Ms. Groth has prepared and submitted a signed Deed of Dedication and Easement for the above named project. This document is meant for the DEQ required Forest&Open Space Easement shown on the attached plat and is to be recorded with the plat after it is signed by the County Attorney and the Interim County Executive. At your earliest convenience,please review and sign these documents and route them to Doug Walker for signature. Please let me know after they have been signed and I will pick them up. Should you have any questions or comments please feel free to contact me. Sincerely, Matt Wentland,PE Civil Engineer II County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 mwentland@albemarle.org (434)296-5832,phone ex.3458 GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA / Douglas/ . Walker Interim County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: 4 The foregoing instrument was acknowledged before me this 30 day of March, 2017 by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle, Virginia, Grantee. ) 24(_ _) 4. ,"� ,��r,r,A ,,,„i Not Public e��``°` B. i''. My Commission Expir dog o i 7 •MGA Registration number: c?.5-3 9 9 T ELIC ; % P g`2S39�JA.•.• �`� Ap aro ed as to form: ''�,,, o=\Iv A. e.co.-„, ii ., ,u,„t„k1/4,,, CI, ty Attorney 8543228-5 025493.00191 4 Version: 11/25/14