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