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Home My WebLink AboutSUB201800053 Plat 2018-05-17Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] RECORDED IN ALI3EN)ARLE COUNTY, VA JON R. ZUG FI oc0 AT Jun 28, 2018 BOOK 02:50 pm START PAGE 05065 END PAGE 0718 INST # 20, 0727 T C Date of Instrument: [5/10/2018 ] Tp-FA t NUM 800007166 A O Instrument Type: [DE ] PAGES 0010 X R E P Number of Parcels [ 1 ] MEB X Number of Pages [ 81 E iM City [:]County x❑ (Box for Deed Stamp Only) [Albemarle County j ,p First and Second Grantors -T Last Name First Name Middle Name or initial Suffix [Catholic Diocese of Ri ❑ ❑ [ l[ ]C II I 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 ❑ County x❑ [Albemarle County ] Percent. in this Juris. [ 100] Book [313 ] Page (220 ] Instr. No [ ] Parcel Identification No (PIN) [061Z0-03-00-001A0 ] Tax Map Num. (ifdifferentthan PIN) [61Z-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 ][ This document was prepared by: Albemarle Count}, Attorney County ol'Albemarle 401 McIntire Road, Suite 325 Charlottesville, Virginia 22902 Parcel Ill 061 ZO-03-00-001 AO This deed is exempt from taxation under Virgiiria Code § 58.1-811(A)(3) and fi-om the Circuit Court Clerk's fees under Virgi�lra Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this Lk1 day of 20_13 __, is by and between the CATHOLIC DIOCESE OF RICHMOND, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdil ision 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 same 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 I 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 Nvith 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 cous(ruct reconstruct install mainutin repair, change, alter and replace [lie Improvements. 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 otherwise maintaining stable stream characteristics. 2. Ownership of die Irwroveinents. 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 inju-ess and =ss. The Grantee shall have the right and easement of ingress and egress over any lands of [he Grantor adiacent 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 own expense, shall restore as nearly as possible, the premises to their original condition. This restoration OA 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, die 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 Grarl(or to maintain the E?asenient premises. 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 aesthetic improvements desired by the 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 constluefion easement. 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. Exclusivity; restrictions. 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 any way 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. Grantor's riglit to assii'i?. The Grantee shall have the right to assign this Easement as its interests may require. 3 10. Bindingeffect. ffect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Oi Wnia. Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. 4 GRANTOR: CATHOLIC DIOCESE OF RICHMOND Iry Most Rend Barry C. Knestout, Bishop COMMONIVEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _JO day of --Mk - , 2-0M by the Most Reverend Barry C. Knestout, Bishop on behalf of die Catholic Diocese of Rir111r11017d, Virginia, Grantor. No try Public My Commission Lxpires:_��r��p�2.Q2-05 Registration number: -I?-j2 q:j E8 J I L L M .CON WAY NOTARY PUBLIC REGISTRATION # 7209758 COMMONWEALTH OF YIRGINIA MY COMMISSION EXPIRES APRIL30.2020 OF ALBEMARLE, VIRGINIA County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acluiowledged before me this 61201hday of __/flAYID ____, ao18 by jelf vy B. Richardson, County F-Aecti ive, on behalf of the County of Albemarle, Virginia, Grantee. PJ A , AUAI� __ I;z-- Notary Public UUunrrr My Commission Expires. Registration number:_tg�,4 9 Approved as to form: All) it id 'C�utikfll l 11C}' 0 PLAT SHOWING A NEW TEMPORARY CONSTRUCTION EASEMENT AND A NEW PERMANENT EASEMENT ON A PORTION OF TAX MAP PARCEL 62-03-1A ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 50' FEBRUARY 2, 2018 REVISED: APRIL 9, 2018 SHEET 1 OF 2 TITLE REFERENCES: TMP 61Z-03-lA 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 UNTY APPRO �� A93ENT OF THE BOARD OF TE SUPERVISORS TMP 61Z-03-lA IS WITHIN MEADOW CREEK WATERSHED AND NOT AN AGRICULTURAL -FOREST DISTRICT TMP 61Z-03-1A IS ZONED: PLANNED UNIT DEVELOPMENT TMP 61Z-03-lA IS IN THE RIO DISTRICT ANY STREAM BUFFER(SI 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-lA ALBEMARLE COUNTY, VIRGINIA, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. �o BISHOP OF THE( ATHO I ATE DIOCESE OF RI HMOND. VIRGINIA NOTARY PUBLIC: STATE OF CITY/COUNTY OF—� THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS ihDAY QF MarLT t 201�- BY Lin-; v�V. '� arty � neg}otR"{' NOTARY(E LIC MY COMMISSION EXPIR r { 3dt��`12Q JILLM. CONWAY NOTARY PUBLIC REGISTRATION 07209758 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' NCHLAN li' NO. 1326 41 ell L 6, j� hp s U V(�� DB �v5 p 705- 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 V3 LIN C I ICI SV,VEYING Innovation. Integrity. vision 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 TM DATA\ 94007104_EPJ1Z-03-1A_J9099.PR0 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 N01.04'39"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 L INC L I�1 SURVEYING Innnvnfinn Infenrihi Vieinn 632 BERKMAR CIRCLE CHARLOTTESVILLk VIRGINIA 22901 OFFICE: 434- 4-1417 t _ NB:i•f7•s.•� \. TOTAL NEW TEMPORARY CONSTRUCT/ON EASEMENT 39639.27 SO FTC. a� TOTAL NEW PERMANENT EASEMENT 44282.51 SO FT °s SEW Ep ` 2p8 52�9 N7 ~ F 511�Sn3 .E CN.SIR[ICTK?AI . ,a►Vr PF °$ N3914006.67 fig, • IF E11490167.67 ! ti j��a .... N52.4 f ~qa o r A joW rn No ry c w ` •rr. �. -i co cbNs rrluc VON Q °m EA.ShiN.T . IF ° 1104gg.09::9.0:.0;T N 'I.N't ' ...'43'W 141. ' 41 1 • .. 27733 20 ---- ia - rn 0 tie3 1 r. NEW TEMPORARY TMP 61Z-03-e •q CONSTRUCT/ON UR LADY OF PEACE, INC. Sa3 T379"W EASEMENT D.B. 3784 P. 321 4227.02 SO FT 66 Q.g 3784 P. 326- N3913813.49 HEREBY DEDICATED poi Cr L..16512 P_ 321 PLAT E11490129-92 TO PUBLIC USE N3913950.04 q°I LOT 3 o SRANOHLANDS IF— �r .. IF PF 8 5 TMP 61Z-01-7 PF JIF TMP 61Z-01-8 MARK L. WOOD 33.70' TMP 61Z-01-6 TMP 61Z-01-9 JAMES M. LUCK, III AND D.B. 4207 P. 387 N59'3655"E GEORGE W. AND �N391368077.65 KARA W.LUCK i D.B. 4044 P. 565 MABEL G. MCGRORY LLOYD F. WOOD, JR. AND I D.B. 1362 P. 353 D.B. 341 P. 582 PLAT 1 D.B. 346 P. 419D 1 PATRICIA E. WOOD __1 I D.B. 341 P. 582 PLAT D.B. 411 P. 535 I D.B. 1156 P. 694 LOT 7 j�{�' D.B. 341 P. 582 PLAT D.B. 341 P. 8 PLAT LOT 6 LOT 9 LOT 8 ` I TM DATA% a4007104-Ep-fi1Z-03.1 0a9.AR0 94-0071-04 1)8 J S I, / INGTRUM■NT #2018000071+66 RECORD■L9 AL®!MARL! CO CIRCUIT COURT CLERK'S OPPICE Jun 26, 26/6 AT 02:60 Pm JON R. TUBS, CLERK by ME® ®OOK 05M5 PACK 6716 -80M