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Home My WebLink AboutSUB201800055 Plat 2018-05-22Instrument 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 Instrument Type: [DE R P E Number of Parcels [ 11 X Number of Pages [ 81 RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG C FILED ,tun 28, 2018 AT 02; 55 pm 9nGK 05065 START PAGE 0739 END PAGE 0748 INST # 201800007168 TOTAL NUM PAGES 0010 MEB F- M (Box for Deed Stamp Only) City ❑ County x❑ [Albemarle County ] P First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Branchlands Property ] [ ] [ ] [ ] 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 E County ❑x [Albemarle County ] Percent. in this Juris. [ 1001 Book [792 ] Page [203 ] Instr. No [198400001546 ] Parcel Identification No (PIN) [061 ZO-04-00-001 A I Tax Map Num. (if different than PIN) [61 Z-04-1A I Short Property Description [Stream restoration easement, TMP 61Z-04-1A ] [ 1 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 11 This documcul as In-ep>u-cd by: Albemarle Count' AtlorncN, Counly of Albemarle W I McIAtire Road, Suite 325 Chadottcsvillc, Virginia 22902 Pm -eel 11) 061%0-01-00-001AO This (iced is exempt Iron, taxation under Kl-ginia Code § 58.1-81 1(A)(3) and lrom the Circuit Court Clerk's Ices miler Yir-girvia Cade 0 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated tl its I66day of M my , 201j�____, is by and between BRANCHLANDS PROPERTY OWNERS ASSOCIATION, INC., a Virginia non -stock corporation, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Vir ginia, Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real property (licrcinaftcr the "Property") located in Albemarle County, N'irginia, inore particularly described as lollows: That certain real property shown and designated as "New PCr'mallent ERSClnent 3717.36 Sr1 Ft," shown oil the plat of Lincoln Surveying, dated February 2, 2018 and revised April 9, 2018, crliticd "Plat Showing it New Temporary Corts(ruction hascrncrrt and a New Permanent EaSCrrlent on a Portion ofTax 1\1ap Parcel 61Z-0/1-1A, Phase 1 Common Area, liranclilauds Retirement Village, Albemarle County, Virguria," a copy of which is attached 11erC10 and recorded herewith (hercinallcr, the "EaSCnlClrt" and the "Plat"). RCCerencc is made to the Plat for a more particular description of llre casement conveyed herciu. WHEREAS, the Property is described liu-111cr as a portion of that certaili lot or parcel ol' land situated in the Rio Magisterial District of llre County ol'Albenrarlc, Vie -ginia, designated as "Common Arca" on that certain plat by W.S. Roudabush, Inc., dated February 29, 1984, last revised March 15, 1981, and recorded ill the Clerk's Oflicc oC lltc Circuil Court of Albemarle County, Virginia in Dccd Book 792, pagc 199, also bcirg ilic satire properly conN,cycd to the Grantor herein by deed of Calcb N. Stowc, Trustce, recorded in said Clerk's 011icc ill Deed Book 792, pagc 203; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and com'cy the Easement Ion public use iu accordance Ivith this Deed of Dedication and Easement; and WHEREAS, it is the desire and iirlcnl of the Grantor to dedicate, grant and convey all rights, title and inkiest in all natural stream restoration structures and other improvements and appurtenances within the Easement established for the purpose of stream restoration (hercinaller collecli� cl} rcicrrcd to as llic "Imprownicnts," Micllicr referring to csistiug Improvements or (hose to be cstablislkcd in dic future by Llic Grantee); and WHEREAS, Pursuant to Sections 1.07 and 8.04 0l• ll►c Rrauchlands Declaration of* Covenants, Coudloous and Restricuokks, dated March 16, 1984, and recorded in said Clerk's Olike in Decd book 792, pages 136-202, tlke Grantor's board of Directors has authorized) this conveyance for Public purposes consistent witli the intcuded use of tlic Common Arcas. NOW, THEREFORE, in consideration of the prennises and TEN DOLLARS (� 10.00), cash in hand paid, and other good and valuable consideration, like reccipl ol'which is hereby a(-knowledged, the Grantor does lierelb), GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE. unto the Grantee, its successors and assigns, a perpctual exclusive casement. as shown on tile. Plat and as rcicrred to herein as )lie Easement. FURTHER, pursuant to [tic consideration described licrcin, (lie Grantor does hereby GRANT, CONVEY, and DEDIC.'1TE to public use Lhe Improvements. The EaSCnnlCnt shall be subject Lo the following: Riglkt to construct, recomh-uct, inkstall, kuailtlskikk, rclnair, c harkr c, alter aukdl replace illc 11M)roCcmClkt5. Tlic Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or FuLiure riprowmenls icrcuia[(er relerred to as Inspecting, maintaining and operating" or derivations thercol) for die purposes ol• stream restoration through and across the Properly, protecting properly from flooding, protecting water quality, and otherwise maintaining stable stream characteristics. 2. Owk krrshil) ofthe e Iknlwoyements. All Improvements within the Eascnicicl, whether Lhcy were installed b), the Granlcc or any predecessor in inleresl, shall be and remain the properly of the Granlcc. 3. Rik;ln[ dsl irrs;ress atrcl r ress. The Grautcc shall have the right and casement of ingress and egn-ess over any lands ol• the Grantor adjacent to [lie Easckncia bCLNvecn any public or pi -Nate roads and [lie Easement, to inspect, maintain and operate the Improvenickits. 4. Rind to ikrsjwct, mairkfaiu and operate the Improyenkciits. The Grantee may enter the Easement to inspect, maintain and operate the Lnprovemennts. 5. Ridhl of Grantee to disturb and maintain the Easement- nreniises. The Grantee shall have line right within the 1',asement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and lake otl►cr similar action reasonably necessary to provide adequate and li►lly liinclio►ii►ig Improvements; provided, however, that [lie Granlcc, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoralioll shall include the backlilling of lrc►►clics, (lie replacement of Icnces and shrubbery, the reseeding or resoddin,g of lawns or pasture areas, and tl►c repair or replaceme►►t ol' structures and other facilities located outside of the Easement that were damaged or destroyed l)y the Grantee. However, ll►c GrFru(CC shall not be required to repair or replace ally structures, trees, or other lacilitics locatedwi[Ill [he Eascmcnl, but be required only to repair or replace groundcovcr within [he Easement that was disturbed, damaged or removed as a result of ins[alling or mai►►taining any of ll►c Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from (lie u►stallalion, nraintenaucc or operation of am Lnprovcmcnt, and shall restore the surface thercofto its original condition as nearly as reasonably possible. Notwithstanding (lie foregoing, the Granlcc shall not be required to repair or replace a►►yll►ing iden[ilicd ill [Iris section if to do so would be inconsisteml wid► the proper maintenance or operation of [l►c Improvcnrcnts. In addition, ncill►cr Ilrc Granlcc nor ally other public agency shall be responsible for conducting routine maintenance as described in Section (), except as expressly provided in [his section. G. Right of Grantor to Maintain the Easement premises. The Grantor shall have [lie right to perlorml routine maintenance of the F.aseMcut premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any o[lrer acs[hetic improvements desired by the Grantor that arc not inconsistent with [lie rights herein convcyccl, and which do not adversely allccl the proper operation of any Improvement. The right to maintain the Easenicmt premises does not iucludc the rigl►t to maintain the Improvements. 7. Teurmorary construction casement. 'ne Grantee shall have a temporary construction casemenl on [lie lot o►► which the E$SCruent is located in order to construct, install, maintain, repair, change, alter, or replace ill Improvement. This temporary construction casement shall expire upon coniplctiou of the work. R. Exclusivity; restrictions. The Easenieut conveyed herein is an exclusive casement. Neither the Grantor- nor any person acting under (lie Grantors express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in ally way the laud within the Eascmcnl or any Improvement located within [he Fasenient without prior permission by the Granlcc; and turtlrcr provided that such persons shall not construct or maintain any roadway, or creel any building, knee, 3 re(aining wall or other structure within the Easement without prior permission by (he Grantee. 9. Granice's rides to assi-g►►. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding, ellecl. Tllc Easerricnt and (lie rights and obligations established herein shall run wills the land in perpetuity, and shall be binding upon (he Grantor, the Grantee, and their successors and assigns. All references herein (o the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation bercin, includes tic Grantee's officers, employees and agents. The GrantCC, acting by and through its County FxeculiVc, duly authorized by resolution adopted by (he Board ol' Supervisors of the County of Albemarle, Virginia, accepts the conn,cyance of this property pursuant to l irgiilia Code 4 15.2-1803, as evidenced by [lie County Executive's signature hereto and the recordation of this Deed. WITNESS [lie following sig►lalures. GRANTOR: BRANCHLANDS PROPERTY OWNERS ASSOCIATION, INC. I3y lc le-c1,�`-- Natqcy W. Huul, Presicicia COMMONW11MITHF VI GINIA CITY/Cot INTY OFI be laae,__Y The lorcgoing inslrumcnl was ackno►vlcdgcd bclorc me this IV- day ol_ _ __ , GV1B by Nancy W. Hunt, Presidcnt on bchall'ol'Branclilands Properly Owncis associahon, lik., Grantor. AIy Commission Fxpires: la131aot Rcgislralion numbcr:_ 1 �5_I 50 9 ck— i Notary Public TIA NICOLE MITCHELL c NOTARY PUBLIC REGISTRATION M 7595029 COMMONWEALTH OF VIRGINIA MY COMVISSION E PIRES GRANTEE: COUN F ALB MARLS, VIRGINIA By J 1 cy R. Richardson, County Fxccutillc COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTF.SVILLE: The foregoing instrunient was acknowledged before nic this clelay of ZrUll �- 49 OL by Jeffrey B. Richardson, County Executivc, on behalf of Lhc County of Albeinadc, Virginia, Graistcc. Notary 1 ublic My Commission Expires$ I Qda Registration nuinbcr: A_ Ahhrowd as Lo form: a - Lm, - ,1lj s ar r C x.1 Ly'1lt �r1u•y .- ••fir • �oNARY PUBOO r%� :9Ep. #25�9� Wyk~~• YFALTN "Q'��*kkk 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-IA 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.B 1600 P. 433 D.B. 1565 P. 414 D.B. 837 P. 381 D.B. 797 P. 263 D.B. 792 P. 136 COUNTY APPROVAL: 5 GENT OF THE BOARD OF SUPERVISORS 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-lA, 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. BRANCHLAN❑ PROPERTY DATE OWNERS AS CIATION NOTARY PUS LIG:� n �I C�4 STATE OF iV! �� [.i CITY/COUNTY OF P R � LC THE 201 MERBME YOINGTMwDF�fF� �=L r� NOTARY PUBLIC MY COMMISSION EXPIRES: 10 ✓ I ,9c 1 TIA NICOLE MITCHELL NOTARY PUBLIC REGISTRATION # 7595029 COMMONWEALTH OF VIRGINIA MY CQ�1A $ I IAPIRES THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAINI AS SHOWN ON MAPS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 510006 278 D DATED: FEBRUARY 4, 2005 VICINITY MAP 1" = 1000' •�v tipLTfi lz B. LWAN N NO. 1326 n SIIA'I 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 AL NCHLANDS L IN L ICI "IVEYING Innovation. Integrity. Vision 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 BASED ON A CURRENT FIELD SURVEY. TM DATA\ 94007104-EP-S1Z-04-IA_10099.PRO 94-0071-04 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 2 OF 2 TOTAL NEW TEMPORARY CONSTRUCT/ON EASEMENT 250.28 SQ FT TOTAL NEW PERMANENT EASEMENT 3717.36 SO FT TMP 61Z-01-11 DAVID AND CATHERINE TATMAN D.B. 4627 P. 738 D.B. 341 P. 582 PLAT LOT 11 LEGEND: IF IRON FOUND PF PIPE FOUND LINO LN suRVEYING Innovation. Integrity Vision, 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 D13 s v(� 9 ► 1 ► ► I ' _ fF .Ny ► IF ► N39 809.87 F E114 9815.12 � �a 1 v 2 �ry w� ► a IF ►403: r �ry�a ►► pz�tl No� Imp q ►LO w / m� �ry�za. NEW MPORARYI ��"tix.'��u�m CONS T LJCTION IF 4 "-Tz' J x tl Im a �arye EASEM 7- IF a Inge ' ra �M ► �S m°a 25Q.2 SO F �3a ACS �p r � I v q^ -- HER 6$ DED/CA d DB 6W IF T PUBLIC U E 837 j4. 3g EASElfE h 4 F dm R �/ OPLAT Nt 4 Ile N62.0071 E,� , �4 N3913694.80 e E11489790.3i TMP 61Z-03.1A _ BISHOP OF THE CATHOLIC TMP 61Z-04-1A ry�'w� DIOCESE OF RICHMOND, VIRGINIA I D.B. 313 P. 220 SRAN[HILAMS D.B. 1692 P. 321 PLAT PROPERTY OWNERS U% D.B. 933 P. 559 PLAT ASSOCIATION .� �D I D.B. 709 P. 703 PLAT COMMON AREA D.B. 313 P. 222 PLAT TMP 61Z-03-4A1 PHASE 1 BRANCHLANDS pf PROPERTY OWNERS ASSOCIATION NEW PERMANENT D.B. 1508 P. 536 EASEMENTq c 44. COMMON AREA 3717.36 SO FT Ell4ag . 7 HEREBY DEDICATED 71489 TO PUBLIC USE IF _ _ T_11�w� _ 'F B D71?TMP SIZ-01-8 BOLT JAMES M. LUCK. ill AND TMP 61Z-01-10 N3913607.65 TMP 61Z-01-9 I KARA W. LUCK ANN MARIE STEWART 1 E11489876.74 LLOYD F. WOOD, JR. AND I D.B. 1P. 353 D.B. 4770 P. 497 I PATRICIA E. WOOD D.B. 1156 56 P. 694 D.B. 341 P. 582 PLAT i D.B. 341 P. 582 PLAT D.B. 411 P. 535 LOT 10 D.B. 341 P. 582 PLAT LOT 8 jl LOT 9 1 I I I I I TM DATA\ 94007104-C13 1Z•04.1Ai80lil:.PRO 94-0071-04 s RECa'Ror~o Az� n I►uS7RLE Co+vr #207800007158 J crl�cu�r COURr CLs ar fiic G ER JOly R� '4r 92Afi N Z[1G: ss , CLERI[ Gy PM $OQI( 05065 PAGE 0739 - 007gg