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HomeMy WebLinkAboutWPO201800038 Easements 2018-06-28 (3)11 --y Official Receipt �_ lilli '� Albemarle Circuit Court ~ 1 Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: ALB CNTY ATTY Cashier: MEB Instrument Type : DE Receipt # : 2018-026824 Instrument # : 201800007167 Date . 06/28/2018 02:53pm Book/Page : 05065 / 0728-00738 Pages: 11 Document. 1 of 1 1st Grantor : OUR LADY OF PEACE INC Ex: N 1st Grantee COUNTY OF ALBEMARLE VIRGINIA Ex: Y Description: STREAM RESTORATION EASEMENT, TPMP 61Z-03-8 Consideration: 0.00 Assumed Value: 0.00 Pct : 100.00% 1 st City: Y _It_em # Description Qty Unit Cost Extended 035 VOF 1 0.06 0.00 301 Clerk 1-10 Pages 1 0.00 0.00 145 VSLA 1 0.00 0.00 106 TTF 1 0.00 0.00 Document 1 _ 0.00 Grand Total 0.00 Balance 0.00 Customer Copy Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A 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 [Albemarle County Attorney [401 McIntire Road [Rm 325 [Charlottesville [ I ] [VA ] [22902 ][ [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [6/20/2018 ] A 0 Instrument Type: [DE ] X R E P Number of Parcels [ 1 ] X Number of Pages [ 91 E(Box M for Deed Stamp Only) City LJCounty ❑x [Albemarle County ] P First and Second Grantors T Last Name_ First Name Middle Name or Initial Suffix [Our Lady of Peace, Inc. ] [ ] [ ] [ ] 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) [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 ❑ Countyx❑ [Albemarle County ] Percent. in this Juris. [ 100] Book [1692 ] Page [315 ] Instr. No [199800004581 ] Parcel Identification No (PIN) [061Z-03-00-00-00800 ] Tax Map Num. (if different than PIN) [61 Z-03-8 ] Short Property Description [Stream restoration easement, TPMP 61Z-03-8 ] Current Property Address (Address 1) [751 Hillsdale Drive ] (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22901 ] 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 [Albemarle County Attorney [401 McIntire Road [Rm 325 [Charlottesville [ I ] [VA ] [22902 ][ This document was prepared by: Albemarle County Attorney County ol'Albemarle 401 McIntire Road, Suite 325 CharlottesNille, Virginia 22902 Parcel ID 061 ZO-03-00-00800 This deed is exempt from taxation under T>>ginia Code § 58.1-811(A)(3) and from the Circuit Court Clerk's fees under llriginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT 0 THIS DEED OF DEDICATION AND EASEMENT, elated this clay of 2018, is by and between OUR LADY OF PEACE, INC., a Virginia noir-stock corporation, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of [lie Conlnionwealtli 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 properly shown and designated as "New Pernannenl Easement 22687.60 Sq Ft," shown on the plat of Lincoln Surveying, dated February 2, 2018 and revised April 9, 2018, entitled "Plat Showing a New Temporary Construction Easement and a New Permanent Easement on a Portion of Tax Map Parcel 61Z-03-8, Lot 3 Branchlands, Albemarle County, Virginia," a copy of which is attached hereto to be recorded with this deed (hereinafter, Ilse "Easement" and tine "Plat"). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Properly is described further as a portion of that certain lot or parcel of laud situated in (lie Rio Magisterial District of the Coun[y of Albemarle, Virginia, conveyed to the Grantor herein by decd from The Most Reverend Walter F. SulhVann, Bishop of the Catholic Diocese of Richmond, dated August 14, 1991, recorded September 5, 1991, in the Clerk's 011icc of the Circuit Court of Albemarle County, Virginia, in Deed Book 1175, page 395 (as to 5.990 acres); and being lie same property conveyed by deed from The Most Reverend Walter F. Sullivan, Bishop of the Catholic Diocese of Richmond, dated March 12, 1998, recorded April 10, 1998, in the aforesaid Clerk's Office, in Deed Book 1692, page 315 (as to 1.010 acres); and WHEREAS, it is the desire and intent of the Grantor to dedicate, grain[ and convey the Easement for public: use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grail and convey all rights, title and interest in all natural stream restoration structures and other improvements and 1 appurtenances within ilre Easement established for the purpose of strearn restoration (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in [lie future by ilre Grantee). NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash in band paid, aid other good and valuable consideration, thee receipt of which is hereby acknowledged, lire 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 exclusive easement as shown on the Plat and as referred to hereii as lire Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, arrd DEDICATE to public use lire Improvements. The Easement shall be subject to die following: 1. Bight to constnul, reconstruct, _install,_ni.unlain, repair, cliange, .dtcr arrd replace the Inawownicruls. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for lire purposes of stream restoration through and across fire Property, protecting property from flooding, protecting water quality, and otherwise maiitaiiiig stable stream characteristics. 2. Ownership of the Irnproyemenls. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be aril remain the property of the Grantee. 3. Right of injress mid egress. The Grantee shall have lire right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintaiir mid operate the Improvements. 4. Rikht to inswa, maintain and operate. the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grwitce to disturb and iwtiuua n ilre Easement premises. The Grantee shall have the right within [lie Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own 2 expense, shall restore as nearly as possible, [lie premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resoddiiig of lawns or pasture areas, and die repair or replacement of structures and other facilities located outside of die Easement that were damaged or destroyed by die Grantee. However, die Grantee shall not be required to repair or replace any structures, trees, or other facilities located Within die Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of die Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anythihhg identified in this section if to do so would be inconsistent widi the proper maintenance or operation of the Improvements. In addition, neither die Grantce nor any other public agency shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right of Grantor to maintnilh the Easement prenhises. The Grantor shall have the right to perform routine maintenance of die Easement premises, including die removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesdhelic improvements desired by the Grantor that are not ihhconsistehht with the rights herein conveyed, and which do not adversely affect lie proper operation of any Improvement. The right to maintain the Easement premises does iiot include the right to maintain (lie Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction casement on die lot on which die Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. k;xcIw ivi(y: restrictions. The Easement conveyed herein is an exclusive casement. Neither- the either the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter, reconstruct, inlerfere with, disturb or otherwise change in any way the laud within the Easement or any Improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure Within the Easement. 9. Granlec's riglh( to assign. The Grantee shall have the right to assign this Easement as its 3 interests may require, provided, however, that prior to any such assignment, [he Grantor shall have the option to purchase this Easement (including airy Improvements) at fair market value, as determined by a licensed real estate appraiser mulually selected by the parties. Any proposed assignment shall be presented to Grantor in writing at. Grantor's last known mailing address, by certified mail, postage prepaid, return receipt requested, a«d Grantor shall have thirty (30) days from the date the notice is mailed, upon which to exercise its option to purchase this Easement. If Grantor fails to exercise its option to purchase this Easement within said thirty (30) days, the Grantee may proceed to assign this Easement as its interests may require. 10. Bindiiig cflcrt. The Easement and the rights and obligations established herein shall run with lie 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 ;my 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 Supervrisors of the County of Albemarle, Virgiiva, accepts the conveyance of this properly pursuant to 'ifII 7lu, Code § 15.2-1803, as evidenced by the County Executive's signature hereto aiid the recordation of this Deed. WITNESS the following signatures. M GRANTOR: OUR LADY OF PEACE, INC. By: 1_ ke- Mar��rreD. McElroy, President - By: Most Reverend Barry C. Knestout, Bishop COMMONWEALTH OF VIRGINIA CITY/COUNTY OFdV�� v The foregoing instrument was acknowledged before me this i27 � clay of y , 20 �D by Margaret D. McElroy, President, on behalf ol� Our Lady of Peace, Inc., Grantor. My Commission Expires Registration number: -7-1 X320 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF --- Notary Pub rt; RACHEL PAPPAS LINDBERG NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION #7715320 MY COMMISSION EXPIRES SEPT. 30, 2021 The foregoing instrument was acknowledged before me this ____ clay of -------- -9 by the Most Reverend Barry C. Krrestout, Bishop, on behalf of Our Lady of Peace, Inc., Grantor. Notary Public: My Coni nission Expires: Registration number: GRANTOR: OUR LADY OF PEACE, INC. Lo Margaret D. McElroy, President By:AMosLRev d Barry C. Knestout, Bishop COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing u7strument was acknowledged before me this day of 20by Margaret D. McElroy, President, on behalf of Our Lady of Peace, Inc., Grantor. Notary Public My Coll rnission Expires:___ Registration number: COMMONWEALTH O VIRGINIA CITY/C� OF The foregoinginstrumentwas aclniowledged before me this 9 day of 'Y) cL U by the Most Reverend Barry C: Knestout, Bishop, on behalf of Our Lady of Peace,. Inc., Grantor. Notary Public My Commission Expires: Registration number: d9 9 9' . NIMH■•, • � PU9i.IC ..� REG # 299197 MY COMMS04 EXPIRES owir i Com ` J low"i Mw Sf ix COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: e The foregoing instrument- was acknowledged before me [hisdi _ (I ay of Zl"u fl , 20_ $_ by Jcfii-cy B. Ricllarclsoii, County Executive, ou behalf ol' the County of Albemarle, Virginia, Grantee. Notary Public ,III I. My Commission l : PLAT SHOWING A NEW EASEMENT AND A NEW ON A PORTION OF TAX LOT 3 BRANCHLANDS TEMPORARY CONSTRUCTION PERMANENT EASEMENT MAP PARCEL 81Z-03-8 ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 50' FEBRUARY 2, 2018 REVISED: APRIL 9, 2018 SHEET 1 OF 2 TITLE REFERENCES: OUR LADY OF PEACE, INC. D.B. 3784 P. 321 D.B. 1725 P.66 D.B. 3784 P. 326-327 PLAT D.B. 1692 P. 321 PLAT D.B. 1692 P. 318 PLAT D.B. 1'75P. 392 PLAT D.B. 1169 P. 397 PLAT `�+pH+n urrrrry, . �(� 4/Q NOYAR'I ��'• rL�s Z. n1 PVB1aC = t J i1f_G, $7618901 i ly{Y COMMISSION: EXPIRES0. '•.,, 4VleALT14 o OWNER'S APPROVAL: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL 61Z-03-8 LOT 3 BRANCHLANDS, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWN RS PROPRIETORS -Nlp TRUSTEES, IF ANY. LADY I DA E L'l t C aZ to / NOTARY PUBLIC: ,! STATE OF _ y 1_; i r., r 01- CITY/GF3kR+T-Y OF , ��- rri 0 11 L4 THE FOREGOING WAS ACKNOWLEDGED BEFOkE ME THIS _29 " DAY OF � 20 BY wrr C hays +FDu c., 4-- !, cL NOTARY PUBLIC MY COMMISSION EXPIRES: �1 r VICINITY MAP 1" = 1000' COUNTY APPROVAL: \\41 � I�iM1r r}'�.r..•IQ/��-�r� Kim tir►�-Ty p�, AGENT OF H REG• BOARD OF DATE SUPERVISORS if +n mycomalls" NO. 1326 TMP 61Z-03-08 IS WITHIN MEADOW CREEK THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X WATERSHED AND NOT AN AGRICULTURAL -FOREST (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL DISTRICT. CHANCE FLOODPLAIN) AS SHOWN ON MAPS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. TMP 61Z-03-08 IS ZONED: 510006 278 D ��❑ SII �`� PLANNED UNIT DEVELOPMENT DATED: FEBRUARY 4, 2005 TMP 61Z-03-08 IS IN THE RIO DISTRICT ANY STREAM BUFFER(S) SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY. SOME EASEMENTS OTHER THAN THOSE SHOWN HEREON MAY EXIST. I HEREBY CERTIFY THAT THIS EASEMENT PLAT, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS. I ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON IS RANCHL LINO I SURVEYING Innovation. Integrity. vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 TM DATA\ 94007104_EP_61Z-03-8_J8099AR0 04-0071-04 PLAT SHOWING A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT IF ON A PORTION OF TAX MAP PARCEL 81Z-03-8 LOT 3 BRANCHLANDS ALBEMARLE COUNTY, VIRGINIA SCALE: 1" -- 50' FEBRUARY 2, 2018 REVISED: APRIL 9, 2018 SHEET 2 OF 2 TMP 61Z -03-1A BISHOP OF THE CATHOLIC DIOCESE OF RICHMOND, VIRGINIA D.B. 313 P. 220 D.B. 1692 P. 321 PLAT D.B. 933 P. 559 PLAT _ D.B. 709 P. 703 PLAT D.B. 313 P. 222 PLAT AC,, I-`- --- �- r2yBEffEq ERS 06 2psNT 1 PLA - AIT'o LEGEND: IF IRON FOUND PF PIPE FOUND L INS I ISI SURVEYING Innovahon. Integrity. Vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 TOTAL NEW TEMPORARY CONSTRUCTION EASEMENT 4803.81 SQ FT 1 TOTAL NEW PERMANENT EASEMENT 22687.60 SQ FT TMP 61-129DI SQUIRE HILL ` L U CHARLOTTESVILLE III, L.L.C. NEW TEMPORARY N3913950.04 D.B. 3108 P. 538 CONSTRUCTION AL PF ' EASEMENT oS82' B'00'W � �� 1844.92 SO FT '3187.03' HEREBY DEDICATED TMP 61Z-03-8 858'31'15'W 7TO PUBLIC USE PF TO. POPLAR GJ 'OUR LADY OF PEACE' _ LOT 3 924.32 3370 NEW TEMPORARY BRANCHLANDS , S58'12'43'W f TMP 61Z-01-4 - U -_ 4.QCO A14��E $59'36'55"W CONSTRUCTION TMP 61Z-01-6 I s6 AS��pT f TMP 61Z-01-7 I EASEMENT GEORGE W. AND 1 TMP 61Z-01-5 AND CAROLINE HSIAO-HUA CHOU MARK L. WOOD r MABEL G. MCGRORY MUHAMMAD I. KHAN O.B. 4660 P. 149 i `-- NEW TEMPORARY 2466.22 SO FT D.B. 346 P. 419D AND CAROLINE HSIAO-HUA CHOU CONSTRUCTION D.B. 4044 P. 565 --------- EASEMENT D.B. 4560 P. 152 D.B. 341 P. 582 PLAT N3914154.64 490.66 SO FT N3914247.41 HEREBY DEDICATED IF LOT 8 E11490666.$3 TO PUBLIC USE E11490822.42 TMP 61Z-01-3 LOT 7 I PETER H. BRIGGS AND f 44 E 79 77' [ LY •MARGARET J. O'REIP. N37.66.54 E . 7 25 . 3 _ D.B. 2463 P. 292 ` 3:.53' N4g aY D.B. 341 P. 582 PLAT 1 1 ' LOT 3 ` L U N3913950.04 o,°j �� ���f� � � AL PF E11490427.76 oS82' B'00'W � �� 728.74' '3187.03' I 858'31'15'W PF TO. POPLAR 257.94IF n 77.73E TREE 924.32 3370 NEW TEMPORARY S58'12'43'W f TMP 61Z-01-4 $59'36'55"W CONSTRUCTION TMP 61Z-01-6 I MUHAMMAD L KHAN f TMP 61Z-01-7 I EASEMENT GEORGE W. AND 1 TMP 61Z-01-5 AND CAROLINE HSIAO-HUA CHOU MARK L. WOOD I MABEL G. MCGRORY MUHAMMAD I. KHAN O.B. 4660 P. 149 D.B. 4207 P. 387 2466.22 SO FT D.B. 346 P. 419D AND CAROLINE HSIAO-HUA CHOU D.B. 3166 P. 613 PLAT D.B. 4044 P. 565 HEREBY DEDICATED D.B. 341 P. 582 PLAT D.B. 4560 P. 152 D.B. 341 P. 582 PLAT D.B. 341 P. 582 PLAT TO PUBLIC USE LOT 8 D.B. 341 P. 582 PLAT f LOT 4 �of n f iD LOT 7 I ; LOT 5 f f 44 ` l TY DATA% 44007104-0P.1NZ-03-5 18094.PR0 44.0071.04{ Official Receipt Albemarle Circuit Court l Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: ALB CNTY ATTY Cashier: MEB Instrument Type : DE Receipt #: 2018-026823 Instrument # : 201800007166 Date : 06/28/2018 02:50pm Book/Page : 05065 / 0718-00727 Pages: 10 Document: 1 of 1 1st Grantor. CATHOLIC DIOCESE OF RICHMOND Ex 'N 1st Grantee : COUNTY OF ALBEMARLE VIRGINIA Ex: Y Description: STREAM RESTORATION EASEMENT, TMP -61Z -03-1A Consideration: 10.00 Assumed Value: 0.00 Pct : 100.00% 1 st City: Y Item # Description _ city Unit Cost Extended 035 VOF 1 0.00 0.00 301 Clerk 1-10 Pages 1 0.00 0.00 145 VSLA 1 0.00 0.00 106 TTF 1 0.00 0.00 Document 1 0.00 Grand Total 0.00 Balance 0.00 Customer Copy Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] �T C Date of Instrument: [5/10/2018 ] A O Instrument Type: [DE ] X R E P Number of Parcels [ 1 ] X Number of Pages [ 8] E(Box M City ❑ County[x] for Deed Stamp Only) [Albemarle County ] p First and Second Grantors 'T � last Name First Name Middle Name or Initial Suffix [Catholic Diocese of Ri 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) [401 McIntire Road ] (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22902 } Consideration [10.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ Countyx❑ [Albemarle County ] Percent. in this Juris. [ 100] Book [313 ] Page [220 ] Instr. No [ ] Parcel Identification No (PIN) [061Z0 -03-00-001A0 ] Tax Map Num. (if different than PIN) [61 Z -03-1A ] Short Property Description [Stream restoration easement, TMP -61Z -03-1A ] [ l Current Property Address (Address 1) [1465 Incarnation Drive ] (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [229001 ] 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 [Albemarle County Attorney [401 McIntire Road [Rm 325 [Charlottesville [ I ] [VA ] [22902 1[ This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road, Suite 325 Charlottesville, Virginia 22902 Parcel Ill 061 ZO-03-00-00 IAO This deed is exempt from taxation under T/iiginia Code § 58.1-811(A)(3) and from the Circuit Court Clerk's fees under 11j4,itia. Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this Lk� day of 20-13---, is by and between the CATHOLIC DIOCESE OF RICHMOND, Grantor, and the COUNTY OF ALBF.MARLE, 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 "New Permanent Easement 44282.51 Sq Ft," shown on the plat of Lincoln Surveying, dated February 2, 2018 and revised April 9, 2018, entitled "Plat Showing a New Temporary Construction Easement and a New Permanent Easement on a Portion of Tax Map Parcel 61Z -003-1A, Albemarle County, Virginia," a copy of which is attached hereto and recorded herewith (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 Rio Magisterial District of the County of Albemarle, Virginia, containing 12.000 acres, on a plat by B. Aubrey Huffman & Associates, Ltd., dated January 22, 1981, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 709, page 703, also being a portion of the sarne property conveyed to the Grantor herein by deed recorded in said Clerk's Office in Deed Book 313, page 220; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all natural stream restoration structures and other improvements and appurtenances within the Easement established for the purpose of stream restoration (hereinafter 1 collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee). 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 exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct reconstruct install maintain, repair, chane alter and replace the Inrvroveinents. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of stream restoration through and across the Property, protecting property from flooding, protecting water quality, and othellMse maintaining stable stream characteristics. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its oven expense, shall restore as nearly as possible, the premises to their original condition. This restoration 2 shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right of Grantor to maintain the Easement pre.mises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aestlietic improvements desired by die Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction casement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivitti , res(rictlons. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in anyway the land within the Easement or any Improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 3 10. Binding effect. The Easement and the rights and obligations established herein shall run "Ith 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 Supei-Nrisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Vilgjjna Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. 0 GRANTOR: CATHOLIC DIOCESE OF RICHMOND Most ltev .rend Barry C. Knestout, Bishop COMMONWEALTH OF VIRGINIA CI'I-Y/COUNTY OF _R,k,�� -[gje,arc, : The foregoing instrument was acknowledged before me this _L 6day of _M¢*4_, ZQ�$ by the Most Reverend Barry C. Knestout, Bishop on behalf of the Catholic Diocese of Richmond, Virginia, Grantor. _A No in, Public My Commission Expires:[ (2,2.02-0 Regishation number:_ Z�� �T�_ JILL M. CONWAY NOTARY PUBLIC REGISTRATION A 7209750 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30, 2020 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By B. Richardson, County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: 'I'lie #foregoing iiistrumcnt «,:s acksiowlcdged before me this 404 flay of _ lA Yl -0— X018 by Jellrey B. Richardson, County Execu Live, on behalf of the County of Albemarle, Virginia, Grantee. at-G�/KQ hof ------ Notary Public t�iuurn My Commission Expires U_Z6r 4 va t Registration number: 4761 9 " Approved as to form: /,� -AIV-7) -12 - Ail) it rl 'ounl Alffnev R PLAT SHOWING A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL OIZ-03-1A ALBEMARLE COUNTY, VIRGINIA SCALE: 1" -- 50' FEBRUARY 2, 2018 REVISED: APRIL 9, 2018 SHEET 1 OF 2 TITLE REFERENCES: TMP 61Z -03-1A BISHOP OF THE CATHOLIC DIOCESE OF RICHMOND, VIRGINIA D.B. 313 P. 220 D.B. 1692 P. 321 PLAT D.B. 933 P. 559 PLAT D.B. 709 P. 703 PLAT D.B. 313 P. 222 PLAT C LINTY APPRO om) ENT OF THE B ARD OF DATE SUPERVISORS TMP 61Z -03-1A IS WITHIN MEADOW CREEK WATERSHED AND NOT AN AGRICULTURAL -FOREST DISTRICT. TMP 61Z -03-1A IS ZONED: PLANNED UNIT DEVELOPMENT TMP 61Z -03-1A IS IN THE RIO DISTRICT ANY STREAM BUFFER(S) SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY. SOME EASEMENTS OTHER THAN THOSE SHOWN HEREON MAY EXIST. OWNER'S APPROVAL: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL 61Z -03-1A ALBEMARLE COUNTY, VIRGINIA, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES. IF ANY, _q� z 45_;� /A BISH OF TH"ATHOLkCATE DIOCESE OF RICHMOND, VIRGINIA NOTARY PUBLIC! STATE OF �j�y`o+�- CITY/COUNTY OF 1�Tn ct THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS R>4tkDAY F 1 201$ BY t4 ti�P-V . awCV nes4vgT NOTARYCP JKIC MY COMMISSION EXPIR T(30 -7 a 2 0 JILL M. CONWAY NOTARY PUBLIC REGISTRATION #7209758 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30, 2020 THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON MAPS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 510006 278 D DATED: FEBRUARY 4, 2005 VICINITY MAP 1" = 1000' �QV ANCHLAN TN 1HEREBY CERTIFY 'THAT THIS EASEMENT PLAT, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS. 'ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. TM LINA LN I ItVEYING Innovation. Integrity. Vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 DATA\ 94007104-EP-S1Z-03-1AJ8099.PRO 94-0071-04 PLAT SHOWING A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL 61Z -03-1A ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 50' FEBRUARY 2, 2018 REVISED: APRIL 9, 2018 SHEET 2 OF 2 N3913848.12 NOt'04'39'W LEGEND: IF = IRON FOUND PF PIPE FOUND TMP 61Z -03-1A BISHOP OF THE CATHOLIC DIOCESE OF RICHMOND, VIRGINIA D.B. 313 P. 220 D.B. 1692 P. 321 PLAT D.B. 933 P. 559 PLAT D.B. 709 P. 703 PLAT D.B. 313 P. 222 PLAT TOTAL NEW TEMPORARY CONSTRUCT/ON EASEMENT 39639.27 SO FT - TOTAL NEW PERMANENT EASEMENT 44282.51 SO FT 8 A twER F e 208 52a Eh17 - 1 ` AT S 11'28'33'E N3913607.65 TMP 61Z-01-9 E11489876.74 LLOYD F. WOOD, JR. AND PATRICIA E. WOOD D.B. 411 P. 535 D.B. 341 P. 582 PLAT LOT 9 N3913813.49 TMP 61Z-01-8 JAMES M. LUCK, III AND KARA W.LUCK D.B. 1362 P. 353 D.B. 1156 P. 694 D.B. 341 P. 582 PLAT LOT 8 LINO LN SURVEYING Innovotion. Integrity. Vision 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE, • 43E4417 N83'r?':ti•c 1U�lN_.r7�EMP01?Ai4K N3914006.67 E11490167.67 N8 '4 'i<' j. .�f t epq I i p h. :.- . .... . ,: � � v r pti NEW TEMPORARY TMP 61Z-03-8 CONSTRUCTION reg, UR LADY OF PEACE, INC EASEMENTD.H. 3784 P. 321 4227.02 SO FT s6 D -S. 3784 P. 32fi- HEREBY DEDICATED ��i US -1092_f. 321 PLAT TO PUBLIC USE N3913950.04 LOT 3 E11490427.78 °i� BRANCHLANDS t2. _ - 5 IF PF PF TMP 61Z-01-7 MARK L. WOOD .9j, 70' TMP 61Z-01-6 D.B. 4207 P. 387 N5936'55F 1 GEORGE W. AND I D.B. 4044 P. 565 MABEL G. MCGRORY I D.B. 341 P. 582 PLAT 1 D.B. 346 P, 419D LOT 7 D.B. 341 P. 6 PLAT 6 LOT � I I � I TM DATA' 94607104 P.p1!-03-1A 8099.PR0 94-0071-04 Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: ALB CNTY ATTY Cashier: MEB Instrument Type : DE Receipt # : 2018-026825 Instrument # : 201800007168 Date 06/28/2018 02:55pm Book/Page : 05065 / 0739-00748 Pages: 10 Document: 1 of 1 1st Grantor . BRANCHLANDS PROPERTY OWNERS ASSOCIATION INC Ex: N 1st Grantee COUNTY OF ALBEMARLE VIRGINIA Ex: Y Description: STREAM RESTORATION EASEMENT, TMP 61Z -04-1A Consideration: 10.00 Assumed Value: 0.00 Pct : 100.00% 1 st City: Y Item # Description Qty Unit Cost Extended 035 VOF 1 0.00 0.00 301 Clerk 1-10 Pages 1 0.00 0.00 145 VSLA 1 0.00 0.00 106 TTF 1 0.00 0.00 Document 1 0.00 Grand Total 0.00 Balance 0.00 Customer Copy Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [5/16/2018 ] A O Instrument Type: [DE ] X R E P Number of Parcels X Number of Pages [ 8] M City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only) P First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Branchlands PropertyEl El 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) [401 McIntire Road ] (Address 2) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [10.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ Countyx❑ [Albemarle County ] Percent. in this Juris. [ 100] Book [792 ] Page [203 ] Instr. No [198400001546 ] Parcel Identification No (PIN) [061Z0 -04-00-001A ] Tax Map Num. (ifdifferentthan PIN) [61Z -04-1A ] Short Property Description [Stream restoration easement, TMP 61Z -04-1A ] [ l Current Property Address (Address 1) [Branchlands Drive ] (Address 2) [ ] (City, state, Zip) [Charlottesville ] [VA ] [22901 ] 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 [Albemarle County Attorney [401 McIntire Road [Rm 325 [Charlottesville [ I ] [VA ] [22902 ][ This document w'as prepared by: Albeinadc C'ounly AllorncY Coull(y of Albemarle T(1l McIntire Road, Suitc "125 Chadoresvillc, Virginia 12902 Parcel 11) Di 1 %0 -0 -t -00-00l AO This decd is exempt 11-om taxation undo T'ililli,r Lode § 58.1-81 1(A)(3) and li-om the Circuit Court Clerk's Ices under TA1-4L1Ji1 G,de h 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this I4+6clay ol"— MAY 201-9---, is by and between BRANCHLANDS PROPERTY OWNERS ASSOCIATION, INC., a Virginia non -stock corporation, Grantor, and (lie COUNTY OF ALBEMARLE, VIRGINIA, a political Subdivision of the Commonwealth ol' Virginia, Grantee. WITNESS: WHEREAS, Clic Grantor is the owner of that cerlain real property (llereinafler clic "Property„) located ill Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "New Permanent Easement 3717.36 Sq Ft," shown oil the plat of Li icolu Surveying, dated February 2, 2018 and rcvlsed.1lpril 9, 2018, entitled "Plat Showing it New Temporary Construction Easement and a New PCrnlallellt Easement on it Portion o1'Tax Map Parcel 61Z -04-1A, Phase 1 Common Arca, Branchlands Retirement Village, Albemarle County, Vii-glilia," it copy of' whicli is attached Hereto and recorded liercwith (hercivaftcr, Clic "Easement" aid the "Plat"). Rclercuce is made to the Plat for a more particular description of clic casement conveyed licrcin. WHEREAS, the Property is described lurllicr as a portion of that ccrtaill lot Or parcel of land situated ill the RIO N'Ialglstcrial District Of the Couno, ol'Albclnal-le, Virginia, designated as "C011iln011 Arca" on that ccrtaill plat by W.S. Roudabush, IIIc., dated February 29, 1981, last revised March 15, 198•t, and recorded ill clic Clerk's Oflicc of llic Circuit Court ofAlbcmarlc County, Virginia ill Decd Kook 792, paigc. I99, also being lbc sanic properly couvcyed to the GraIIlor 11CrCIII by decd of Caleb N. Stowe, Trustee, recorded ill said Clerk's 011ice in Deed book 792, page 203; and WHEREAS, it is Clic desire and intent of the Grantor to dedicate, grant and convey the F.ascnicill for public use illaccordaucc with this Deed of Dedication and EMSClllclll; Mud WHEREAS, it is the desire and intent of clic Grantor to dedicate, grant and convey all rights, title and interest ill all natural stream restoration structures and outer improvenicIits and appurtenam es within the Eascinciit established for the purpose ol" stream restoration (licrcinafler collectively rcicn-ed rA to as laic "Improvements," wllctIicr referring to existing hnprovcmcnis or those to be established it the lilturc by the Grantee); and WHEREAS, pursuant to Sections 11.07 and 8.04 of the Bra)lclilawls Declaration of Covcuants, Conditions anti Restrictions, dated N'larch 16, 1981., and recorded in said Clerk's ( )nice ill Decd Root: 792, pages 136-202, [lie Grantor's Board of' Directors has authorized this conveyance for public purposes consistent with the intended use of llle Colninoll :Areas. NOW, THEREFORE, in consideration of the premises and TEN DOLLARS (S 10.00), cash in I and paid, and other good and valuable consideration, the receipt of'wltic-la is hereby acknowledged, the Grantor docs hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL, WARRANTY and ENGLISH COVENANTS OF TITLE. unto the Grantee, its successors and assigns, a perpctual exclusiVC casetncul as sbot,vn on the flat and as rcicrrcd io herein as the Easement. FURTHER, pursuant to alae consideration described herein, alae Grantor docs hereby GRANT, CONVEY, and DEDIC.'1TE to public use the hnprovemcnts. The Eascmcnl shall be sul)ject to the following: 114,11t to construct, recortstruct, install, maintain, repair-, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, Install, maintain, rCpatr, Change, alter, and replace present or lilturc Improvements (hereinafter referred to as "inspecting, uiaiutaiuitlg and operating" or derivations (hercol) for the purposes of stream restoration through and across the Properly, protecting property Isom hooding, protcctiltg water quality, and otherwise maintaining stable streaun characteristics. 2. (Mucrshiv of the Inmroyei tg s. All Improvements within [lie Easement, whether they were installed by the Grantee or any predecessor ill interest, shall be and remain the properly of the Grantee. 3. Right of iilKI'ess and dress. The Grantee shall have the right and casemeilt of ingress and egress over any lauds of IIIc Grantor adjacent to the Easement between any public or private roads and the Eascmcnl, to inspect, maintain and operate the Improvcnlents. 4. Right to iiisl)ec•t, m ailltaili Mid, i}peratc Laic. Ill lllr[7yclnctits. The Grantee may cuter ilio h;ascment to inspect, maintain and operate the Improvements. .7. Rh ht of Grantee to disturb wid lIlalillallt talc 1-aksetllcitt I]remiseS. rbc Grantee shall have Lllc right within the Eascmcnl to trim, cul or remove ally trees, brush or shrubbery, remove fences, structures or other obstructions, and take olher similar action reasonably necessary to provide adctluatc and Bally fiunctioning Improvements; provided, however, that the Grantee, at its otvn expense, shall restore as nearly as possible, [lie premises to their original condition. 'Flits restoralion shall include [lie backlilling of trenches, (lie replacement of lences and shrubbery, clic reseeding or resodding of lawns or pasture areas, and (lie repair or replacement of'structures and other facilities located outside of the Fasemenf that Nvere damaged or destroyed by [lie Grantee. However, (lie Grantee shall nol be required to repair or replace any structures, trees, or other facilities located within the Eascincnl, but be required only to repair or replace groundcover Nvilliin the Easctnenl that was disturbed, danhaged or removed as a result of installing or maintaining any of the Improvenhcnts. In addition, [lie GraiUce shall remove from the Easement all trash and other debris resulting lroin the installation, maiutcnancc or operation of an Improvcnhcnt, and shall restore the surface tlicrcol'to its original condition as ncarly as reasonably possible. Notwithstanding the foregoing, [lie Grantee shall not be required to repair or replace anything identified in [Ills section if to do so would be inconsistent with the proper main[enance or operation ofthe Improvements. In addition, thcitlher the Gran[ec nor airy other public agency shall be responsible for conducting rouhtic maintenance as described in Section G except as expressly provided in this sc(-[ion. (i. Right of'Grantor to maintain the Easentcrnt )rcnhisc%. The Grantor shall have the right to perlortn routine maintenance of [lie Easement premises, including the removal of trash and landscaping debris, nhowing and nhanicuring lawns and groutulcovers, and making airy other aesthetic improvements desired by [lie Grantor that arc not inconsistent with the rights herein conveyed, and which do not adversely aflcct [lie proper operation of any Improvement.. The right to maintain the Easement premises docs not include [he right to maintain the Improvements. 7. Temporag construction casemcnE. The Grantcc shall have a temporary cons[ructiott casemeu[ on [lie lot oil which the Easemeu[ is located in order to constrict, install, maintain, repair, change, alter, or replace au Lnprovemenl. This temporary construction casement. shall expire upon completion of [lhe work. R. 1•:x<-lusi�-itl'; restricti(}us. Tlhe Easement c-ortveved ltcrcin is au exclusive casement. Nci[lhcr the Grantor nor arty person acting under the Grantors express or implied cottsenl shall modify, alter, reconstruct, inlcrfcrc with, disturb or otlhcrNvisc chaltgc in any way the land within [lie Easement orally Improvement located tvithitt the Easement without prior permission by the Grantee; and further provided that such persons shall not construct or maintain ally roadway, or erect any building, farce, 3 re(ainingwall or other structure within Clic 1'.ascrnent without prior permission by (lie Grantee. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its iiilcresls may require. 10. 13it«_iir The Easement and (lie rights and obligations cslablishal herciii shall runwills the land iii perpetuity, and shall be binding upon the Grantor, the Graiitce, and their successors and assigns. All references licrciu to Clic "Grantor" and the "Graiilce" 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 ;>gents. The Grantee, acting by and through its County ExecutiVe, duly authorized by resolution adopted by Clic Board of Supervisors of Clic County of Albemarle, Virginia, accepts the conveyance of this properly pursuant to T 5iprjit C'odc § 15.2-1803, as ciriderrced by [lie County Fxecutrk-c's signature licrcto and [lie recordation of this Decd. WITNESS [lie following signatures. 11 GRANTOR: BRANCHLANDS PROPERTY OWNERS ASSOCIATION, INC. By Nai cy W. Hunt, Presidcllt COMMONWEALTH )1' X'I1HGINIA CITY/Cot TNTY CIF The foregoing instrument was aclznoNvlcdgcd bclorc me this l day of_iA_ , by Nancy W. Hunt,1'resldcnt on behalf ofliranchlands Property Owners Asso('iaticln, IIA'., Gramor. Illy coillllllsslOn I' Xl)i,.C5: lal ✓ 0 aol Registration number: 1�59�50�q 5 Notary Public TIA NICOLE MITCHELL t NOTARY PUBLIC REGISTRATION N 7595029 I:OMMONWEALTH OF VIRGINIA I MY CO 1 ON UPIRES GRANTEE: COUN E ALB MARIE, VIRGINIA By J IN -v R. Richardson, County I:xccutiN,c COMMON-\VE,1ULTH OF N'IRGINIA CITY OF CHARLOT"MSVII LE: pp 41 'I'hc lorcgoing instrumcnt was ackruoivlcdgcd bcforc nic tlris � 1ay of _.;i4,rl e-----_, p%L O by Jcfli cy B. Richardson, County Exccullvc, on bchall, of' 111c County of .Mbcrnarle, Virginia, Gran(cc. My Commission Expires. �i3 Rcgistratiou numbcr. Approved as to form: Al a c t' qui l).j nncy ■ GU1[�J _ Notary Public L40 (� �pTARY rx •� 'REQ. �{���90'' V' ``. AL1 ���r�4p�� H "fl,;,.�s`;4� PLAT SHOWING A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL 61Z -04-1A PHASE 1 COMMON AREA BRANCHLANDS RETIREMENT VILLAGE ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 50' FEBRUARY 2, 2018 REVISED: APRIL 9, 2018 SHEET 1 OF 2 TITLE REFERENCES: TMP 61Z -04-1A BRANCHLANDS PROPERTY OWNERS ASSOCIATION D.B. 792 P. 203 D.B. 991 P. 40 PLAT D.B. 792 P. 199-200 PLAT D.B. 709 P. 686 PLAT D.B. 2242 P. 469 D.B. 1733 P. 469 D.B1600 P. 433 D.8.1565 P. 414 D.B. 837 P. 381 D.B. 797 P. 263 D.B. 792 P. 136 COUNTY APPROVAL: GENT OF THE E30AR0 OF � PATE SUPERVISORS Orj'%7 TMP 61Z -04-1A IS WITHIN MEADOW CREEK WATERSHED AND NOT AN AGRICULTURAL -FOREST DISTRICT. TMP 61Z -04-1A IS ZONED: PLANNED UNIT DEVELOPMENT TMP 61Z -04-1A IS IN THE RIO DISTRICT ANY STREAM BUFFER(S) SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY SOME EASEMENTS OTHER THAN THOSE SHOWN HEREON MAY EXIST. OWNER'S APPROVAL: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL 61Z -04-1A, PHASE 1 COMMON AREA BRANCHLANDS RETIREMENT VILLAGE ALBEMARLE COUNTY, VIRGINIA, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. BRANCHLAND PROPERTY DATE OWNERS ASSOCIATION NOTARY PUB STATE OF 010 lQ4 CITY/COUNTY OF THE FOREGOING ACKNOWLE 20Q`r,.E ME BY T b Y F NOTARY PUBLIC MY COMMISSION EXPIRES: ac( TIA NICOLE MITCHELL NOTARY PUBLIC REGISTRATION 4 7595029 COMMONWEALTH OF VIRGINIA MY Cf7^ 1,ObPIRES THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON MAPS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 510006 278 D DATED: FEBRUARY 4, 2005 C*-�,LTf w , SOMAS B. LB. L NO. 1326 Iffy/1.,1 VICINITY MAP 1" = 1000' I HEREBY CERTIFY THAT THIS EASEMENT PLAT, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS. I ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON IS RANCHLANDS L IIV6 1 Sl1RVEYING Innovation. Integrity. vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 TM DATA. 94007104-EP-A1Z-04-1A_10099.PRO 94-0071-04 PLAT SHOWING A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL SIZ-04-1A PHASE 1 COMMON AREA BRANCHLANDS RETIREMENT VILLAGE ALBEMARLE COUNTY, VIRGINIA SCALE: 1" -- 50' FEBRUARY 2, 2018 REVISED: APRIL 9, 2018 SHEET 2 OF 2 LEGEND: IF IRON FOUND PF PIPE FOUND v 0 Jb y0 a TOTAL NEW TEMPORARY CONSTRUCTION EASEMENT 250.28 SO FT IF TOTAL NEW PERMANENT EASEMENT 3717.36 SO FT r 1 IF N39 809.87 r nem F r r r ry m F E114 9615.12 � IF — z '" I °° w ry ay �a o a a a ► NEW MPORARY1 IF 2p �a r' °pr=Q^' '"zalq`'�'CONST UC TION / �aai aar rm a mory� EASEM T f IF o ru=� Is�II�4 ► 260.2SO F� A CSA HEREB DEDIC4/F D D, $. $EWE IF y �^ q T PUBLIC U E $ 7 psp £N r I2 Q` `N62'0024 E h ,�4fg'OW N3913694.80 E11489790.3i TMP SIZ-03.1A BISHOP OF THE CATHOLIC TMP 61Z -04-1A yr4�C DIOCESE OF RICHMOND, VIRGINIA D.B. 313 P. 220 BRANCHILANDSPROPERTY OWIERS • - �� �� D.B. 1692 P. 321 PLAT .� Um D.B. 933 P. 559 PLAT ASSOCIATION�" TO- D.B. 709 P. 703 PLAT COMMON AREA a D.B. 313 P. 222 PLAT PHASE 1 n TMP 61Z -03-4A1 - BRANCHLANDS PROPERTY OWNERS = ASSOCIATION NEW PERMANENT D.B. 1508 P. 536 EASEMENT 41) COMMON AREA 3717.36 SO FT ES14N39169B85. T 3644.01y2Qf P'�r HEREBY DEDICATED 7 TO PUBLIC USE IF - IF - f - _ _ - - - - - - - S56'07'r2-w PF TMP 612-01-8 BOLT JAMES M. LUCK, III AND TMP 61Z -01-11N3913607.65 TMP 61Z-01-9 y KARA W• LUCK DAVID AND CATHERINE TMP -10 E11•t89876.1A ANN MARIE E STEWART 1 LLOYD F. WOOD, JR. AND y D.B. 1382 P. 353 TATMAN i D.B. 4770 P. 497 y PATRICIA E. WOOD D.B. 1156 P. 694 D.B. 4627 P. 738 1 D.B. 341 P. 582 PLAT 1 D.B. 411 P. 535 D.B. 341 P. 582 PLAT D.B. 341 P. 582 PLATLOT 10 D.B. 341 P. 582 PLAT LOT 8 + LOT 11 II LOT 9 � I 1 I I 1 TM DATA\ 94007104-EP�81Z-04.018099.10RO 94-0071-04 L 1NC L IV SURVEYING Innovation. Integrity. vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE. 434-974-1417