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Home My WebLink AboutSUB201800054 Plat 2018-06-28Instrument Control Number T C A O X R P E X E :M P 'T N Film NEW Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.661 Date of Instrument: [6/20/2018 ] Instrument Type: [DE ] Number of Parcels [ 11 Number of Pages [ 91 RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG CLERYC Off' QIBQUI jaQUn FILED Jun 28, 2018 AT 02:53 pm BOOK 05065 START PAGE 0728 END PAGE 0738 INST # 201800007167 TOTAL NUM PAGES 0011 MEB City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors 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 ❑ County x❑ [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 differentthan PIN) [61Z-03-8 ] Short Property Description [Stream restoration easement, TPMP 61Z-03-8 ] [ l 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 of Albemarle 401 McIntire Road, Suite 325 CharlottesNille, Virginia 22902 Parcel ID 061ZO-03-00-00800 This deed is exempt from taxation under KiN711ia Code § 58.1-811(A)(3) and from the Circuit Court Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT r THIS DEED OF DEDICATION AND EASEMENT, elated this &clay of 2018, is by and between OUR LADY OF PEACE, INC., a Virginia non -stock corporation, Grantor, and (lie COUNTY OF ALBEMARLE, VIRGINIA, a political subdiVision of the Connnonwealtln of Virginia, Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real properly (hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain real properly shown aid designated as "New Permanent 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 Pennanent Easement on a Portion of Tax Map Parcel 61Z-03-8, Lot 3 Brarnchkurds, Albemarle County, Virginia," a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" aid the "Plat"). Reference is made to [he Plat for a more particular description of the easement conveyed liereii. `AREAS, the Property is described further as a portion of that certain lot or parcel of laud situated in the Rio Magisterial District of the County of Albemarle, Virginia, conveyed to the Grantor herein by deed from The Most Reverend Walter F. Sullivan, Bishop of die Catholic Diocese of Richmond, dated August 14, 1991, recorded September 5, 1991, in the Clerk's Oflce of the Circuit Court of Albemarle County, Virginia, in Deed Book 1175, page. 395 (as to 5.990 acres); and being the same property conveyed by deed from The Most Reverend Walter F. Sullivanr, Bishop of line Catholic Diocese of Richmond, dated March 12, 1998, recorded April 10, 1998, Hi 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, grant and convey the Easemenl for public use in accordance with this Deed of Dedication and Easement; and WF ERF.AS, 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 aid 1 appurteii:uices within die Easement established for die purpose of stream restoration (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in [lie 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, (lie Grantor does hereby GRANT, CONVEY, aid 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 (lie Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, aid DEDICATE to public use die Improvements. The Easement shall be subject to (lie following: 1. Right to rohhstruct reconstruct install maintain repair, ciirw c alter and rc lacc the InHwovenhents. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (lereinafter referred to as "inspecting, maintaining aid operating" or derivations thereof) for [lie purposes of stream restoration through and across the Property, protecting property from flooding, protecting water quality, and otherwise maintaining stable stream characteristics. 2. Ownership of the linproveniciit_s. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be aid remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have die 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 aid operate die Improvements. 4. Right to inspect, maintain aid operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of' Gu.uutec to disturb and maintain die 17.iscuhcutyreinises. The Grantee shall have [he riglit within die Easemei[ 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 cond]tion. This restoration shall include the backfrlling 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 dial were damaged or destroyed by die Grantee. However, the 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 iuslalling 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 ail Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Nomilhs[anding 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 inainlenalice or operation of the Improvements. In addition, neither die 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 inaintai the r.asernent premises. The Gr<-uitor 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 aeslhelic improvements desired by the Graiitor that are not urconsistent with the rights herein conveyed, and which do noL adversely affect die proper operation of any Improvement. The right to maintain die Easement premises does not include the right to maintain the Improvements. 7. Temponan, construction caseineiil. The Grantee shall have a temporary construction easement on die loton which lire Easement is located in order to construct, install, maintain, repair, change, alter, or replace ail Improvement_ This temporary construction easement shall expire upon completion of the work. 8. Exrlusivit • restrictions. The Easement conveyed herein is ail exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, Ater, reconstruct, interfere with, disturb or otherwise change in any way the laud within the Easement or any Improvement located within the Easement; and further provided drat such persons shall nol construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's rig4it to assit,�rr. The Grantee shall have the right to assign this Easement as its 3 interests may require, provided, however, that prior to any such assignment, the Grantor shall have the option to purchase this Easement (including any Improvements) at fair market value, as determined by a licensed real estate appraiser mutually selected by [lie 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, and Grantor shall have thirty (30) days from die 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. Binding effect. The Easement and the rights and obligations established herein shall run with the laiiU in perpetuity, and shall be binding upon lie Grantor, [lie Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to lie "Grantee," when exercising any right or obligation herein, includes die Grantee's officers, employees and agents. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virguua, accepts the conveyance of this property pursuant to Wiginia Code S 15.2-1803, as evidenced by [lie County Executive's signature Hereto and the recordation of this Deed. WITNESS the following signatures. 4 GRANTOR: OUR LADY OF PEACE, INC. By:� Margare. D. McElroy, President By: Most Reverend Barry C. Knestout, Bishop COMMONWEALTH OF VIRGINIA CITY/COUNTY OF40 _-_ vv The foregoing instrument was acknowledged belbr'e me this i2rda3r of `��--U 20 /D _ by Margin -et D. McEh-oy, President, on behalf of Our Lady ol' Peace, Inc., Grwitor. Notary l'ub I. My Commission Expires: 5) -d � - 7-1 �32 ftACHF-L PAPPAS LINDBERG Registration number; D NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION #7715320 MY COMMISSION EXPIRES SEPT. 20, 2021 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before nie this ____ day of by the Most Reverend Barry C. Krrestout, Bishop, on behalf of Our Lady of Peace, Inc., Grantor. My Commission Expires: Registration number: 5 Notary Public GRANTOR OUR LADY OF PEACE, INC. I: Margaret D. McElroy, President By:ARe_ d Barry C. Kuestout, Bishop COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing uistrument was acknowledged before me this __,day of 20 by Margaret D. McElroy, President, on behalf of Our Lady of Peace, hic., Grantor. Notary Public My Commission Expires: -- Registration number: COMMONWEALTH O VI. NIA CITY/G3� OF � a �-. � Y The foregoing instrument was acluiowledged before me this jpi day of ce U 1 by the Most Reverend Barry C: Knestout, Bishop, on behalf of Our Lady of Peace,. Lic., Grantor. - My Commission Expires: Registration number: d q 9 q' t r7 5 Notary Public Puive l� REG # 2M97 - n MY CpMMISSON -a•. EXPIRES . W31l2021 �( �'rllllliil/1 GRANTEE: CO OF i t , VIRGINIA � p 11., J r .- i'ey B. l�ichardson, County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: Tlie foregoing instrument was acknowledged before me Ibis&�ilay of R— , 20_� by Jellrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public tsiur1rr My Commission I?xpirc, - Registration nuinber:,2013 Of *__ Approved as to form: Alb z a�' ° oti it} [i �tiiey t ? r NOTARY �,tA 5 jOUSL[C ` 53 `vY V L�� PLAT SHOWING A NEW EASEMENT AND A NEW ON A PORTION OF TAX LOT 3 BRANCHLANDS TEMPORARY CONSTRUCTION PERMANENT EASEMENT MAP PARCEL 61Z-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. 1175 P. 392 PLAT D.B. 1169 P. 397 PLAT 4` Ai0Y1RY 2 ^I�:' PUBLIC N RFG 1 +� MY CgxpIRBS OK x 0� j2)31I2018: �•�+p��'EALTH 0��ol" ! ffffl to l a i I L 41 Hf�ti 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 OWNIRS, PROPRIETORS N TRUSTEES, IF ANY. LADY ,I 1 DA E NOTARY PUBLIC: STATE OF CITY/GOUNT-Y OF THE FOREGOING WA 5 ACKNOWLEDGED BEFO,$E ME TIS " DAY OF �, 20I }zsc BY fan" 4 C IEncs oe. NOTARY PUBLIC MY COMMISSION EXPIRES: �l d L9 a VICINITY MAP 1" = 1000' COUNTY APPROVAL: % ! ► PUetICt� LT AGENT OF THE BOARD OF DATE z }*('#29111617�� SUPERVISORS t2_ W commi58m 01931=1 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 FLOOOPLAIN) AS SHOWN ON MAPS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. PLANNED UNIIT8 DEVELOPMENT DATED: FEBRUARY 4, 2005 s I l 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,n �065 p _% I HEREBY CERTIFY'rHAT 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 ANCHLAN ---LINE LN SURVEYING Innovation. Integrity. Vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 TM DATA\ 04007104-EP1i1Z-03-8 180Y9.PRO 04-0071-04 Iryg 5 005 A -7 37 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 \ - �_ n 8,S �$ \ RLA, 1 V Az '0 N%3950.04 E1'491417.78 28.74' - v IF PF h 4h LEGEND: IF IRON FOUND PF PIPE FOUND TOTAL NEW TEMPORARY CONSTRUCTION EASEMENT 4803.81 SQ FT TOTAL NEW PERMANENT EASEMENT 22687.60 SO FT r r NEW TEMPORARY CONSTRUCTION EASEMENT 1844.92 SO FT .r HEREBY DEDICATED �TO PUBLIC USE r TMP 61Z-03-8 J -OUR LADY OF PEACE' r LOT 3 BRANCHLANDS 17 p�M y � ` -. - - - ` _ 1 N3914154.64 33,70- NEW TEMPORARY S59.36'55•W CONSTRUCTION TMP 61Z-01-6 TMP 61Z-01-7 I EASEMENT GEORGE W. AND MARK L. WOOD I FT MABEL G. MCGRORY D.B. 4207 P. 387 2468.22 SO D.B. 346 P. 419D D.B. 4044 P. 565 HEREBY DEDICATED D.B. 341 P. 582 PLAT D.B. 341 P. 582 PLAT TO PUBLIC USE LOT 6 LOT 7 y I Uf ti TOTAL j h 17.73' S58-12-43-W TMP 61Z-01-5 MUHAMMAD I. KH AND CAROLINE HSIAO-H A CHOU D.B. 4560 P. 152 D.B. 341 P. 582 PLAT I LOT 5 l NEW TEMPORARY CONSTRUCTION EASEMENT 490.66 SO FT HEREBY DEDICATED TO PUBLIC USE I N3914247.41 L INC L ICI I KVEYING Innovation. Integrity. Vision 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 TMP 61-129D1 SQUIRE HILL CHARLOTTESVILLE III, L.L.C. D.B. 3106 P. 536 TMP 61Z-01-3 PETER H. BRIGGS AND MARGARET J. O'REILLY D.B. 2463 P. 292 D.B. 341 P. 582 PLAT n LOT 3 IF PF 3TA 157.83' S58'31'16-W N3914257.94 E114 09 4.32 TMP 81Z-01-4 1 MUHAMMAD L KHAN 1 AND CAROLINE HSIAO-HUA CHOU D.B. 4560 P. 149 D.B. 3166 P. 613 PLAT I D.B. 341 P. 582 PLAT LOT 4 1 TM DATA\ 94007104-EP-61Z-03-6 16099PRO 94-0071-041 I NSTRU IIRBNT # 201800007167 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Jun 28, 207E AT 03:03 pm JON R. ZUG, CLERK by Mao BOOK 05065 PAGE 07n - 00738