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Home My WebLink AboutWPO201800039 Easements 2018-09-06Instrument Type Instrument # Book/Page. 1st Grantor 1st Grantee Description: Consideration: Item # 035 301 145 106 Customer Copy Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: ALBEMARLE COUNTY ATTORNEY Cashier: MEB DOD 201800010004 05091 / 0704-00712 Pages: 9 FOREST LAKES ASSOCIATES COUNTY OF ALBEMARLE VIRGINIA TMP 4663-A3 0.00 Assumed Value: 0.00 Descriptic,i VOF Clerk 1-10 Pages VSLA TTF Receipt # 2018-029966 Date : 09/06/2018 08:45am Document 1 of 3 Ex. N Ex Y Pct: 100.00% 1st City: Y Qty Unit Cost Extended 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 Document 1 0.00 Instrument Control Number F- - -I Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [5/3/2018 ] A O Instrument Type: [DOD ] .X .R IE P Number of Parcels [ 1 ] X Number of Pages [ 81 IE iM 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 [Forest Lakes Associates ] [ ] [ ] [ ] ❑n [Forest Lakes Communit First and Second Grantees Last Name First Name Middle Name or Initial Suffix ®❑ [County of Albemarle, Vir ] [ _ ] [ ] [ ] ❑ ❑ [ ][ ][ ][ I 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 [955 ] Page [434 ] Instr. No [198700008400 ] Parcel Identification No (PIN) [046B3 -00-00-000A3 ] Tax Map Num. (if different than PIN) [4663-A3 ] Short Property Description [TMP 4663-A3 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] 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 [Albemarle County Attorney [401 McIntire Road [Rm. 325 [Charlottesville I II ] [VA ] [22902 II This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road, Suite 325 Charlottesville, Virginia 22902 Parcel ID Number 046133-00-00-000A3 This deed is exempt from taxation under Virginia Code S 58.1-811(A) (3) and from the Circuit Court Clerk's fees under Virginia Code S 17.1-266. DEED OF DEDICATION THIS DEED OF DEDICATION, dated this 3rd day of May 2018, is by and between FOREST LAKES ASSOCIATES, a dissolved Virginia general partnership (hereinafter, the "Grantor"), and FOREST LAKES COMMUNITY ASSOCIATION, INC., a Virginia non -stock corporation (hereinafter, the "Additional Grantor" and sometimes referred to as "FLCA"); and the COUNTY OF ALBENIARI E, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter, the "Grantee"). WITNESSETH: WHEREAS, by deed dated August 1, 1987, recorded August 14, 1987, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 955, page 434, the Grantor herein acquired certain property in Albemarle County; WHEREAS, by certificate of plat dated January 2, 2001, recorded January 23, 2002, in said Clerk's Office in Deed Book 2143, pages 614-616, the Grantor herein recorded a "Plat Showing Tax Map 46B3 Parcel A3, a 3.466 Acre Parcel to be Dedicated to Public Use for Public Road Right of Way WHEREAS, by deed dated December 8, 2006, recorded December 18, 2006, in said Clerk's Office, in Deed Book 3339, pages 96-101, the Grantor herein purportedly conveyed to the Additional Grantor herein the following described property: Common Area containing 3.466 acres, more or less, shown as "Buffer Strip" along Timber Wood Parkway, on a plat prepared by Roudabush Gale & Assoc., Inc., entitled "Subdivision Plat Phase I Forest Lakes" of record in die Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1018, at page 412; WHEREAS, the Grantor herein apparently remains the owner in fee simple of the real property located in Albemarle County that is described below and hereinafter referred to as the "Property;" 1 WHEREAS, the Grantor, pursuant to Vlrg7111a Code § 50-73.120, offers to grant, convey and dedicate the Property to the County in fee simple for public use, namely, a public right-of-way and other public purposes; WHEREAS, the Additional Grantor wishes to join in this Deed to grant, convey and dedicate to the County any interest it may own in the Property; WHEREAS, the Additional Grantor is acting through its President, as authorized by approval of its members, pursuant to Article IV, Section 4(f) of the Declaration of Forest Lakes recorded in said Clerk's Office in Deed Book 1018, page 318; WHEREAS, a true copy of the resolution approved by the Additional Grantor's members, together with a certificate of the results of the votes taken thereon, has been acknowledged by the Additional Grantor's President and Secretary, and is annexed hereto as Exhibit A; and WHEREAS, the Grantee is willing to accept this offer of dedication. NOW, THEREFORE, in consideration of the mutual promises, the Grantor and Additional Grantor hereby grant, convey, and dedicate for public use to the Grantee, its successors and assigns, with SPECIAL WARRANTY, the following real property (the "Property"), to wit: All that certain tract or parcel of land lying and being situate in Albemarle County, Virginia, containing 3.466 acres, more or less, as shown on a plat entitled "Plat Showing Tax Map 46133 Parcel A3 a 3.446 Acre Parcel To Be Dedicated to Public Use For Public Road Right Of Way Rivanna District Albemarle County, Virginia," prepared by Roudabush, Gale & Assoc., Inc., dated February 11, 1993, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2143, page 615. BEING a portion of the property conveyed to Forest Lakes Associates, a Virginia General Partnership by deed from Charles Wm. Hurt and Shirley L. Fisher, as Trustees for the Hollymead Estate Land Trust, a/k/a the Hollymead Estates Land Trust, pursuant to the terms of a certain Land Trust Agreement dated November 13, 1985, Charles Wm. Hurt and Shirley L. Fisher, Trustees for the Virginia Land Trust., pursuant to the terms of a certain Land Trust Agreement, dated May 18, 1984, Charles Wm. Hurt and Shirley L. Fisher, as Trustees for the 643 Land Trust, pursuant to the terms of a certain Land Trust. Agreement dated September 9, 1976, Hurt Investment. Company, a Virginia corporation, deed dated August 1, 1987, recorded August 14, 1987, in the Clerk's Office of the Circuit Court of Albemarle County Virginia, in Deed Book 955, page 434. This conveyance is made subject to all easements, reservations, restrictions and conditions, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the above-described property which have not expired by a time limitation contained therein or have otherwise not become ineffective. 2 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 Kgitaia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [SIGNATURES ARE ON THE FOLLOWING PAGES] 3 GRANTOR: FOREST FOREST LAKES ASSOCIATES, a dissolved Virginia general partnership By: Ja-Zan LLC, a Virginia limited liability company, its General Partner By: _ CS s p,, r., :igur COMMONWEALTH OF VIRGINIA CITY/COUNTY OFA -1 _911.a wrG-- The foregoing instrument was acknowledged before me this % �� day of ►�;�Y___-1 2018, by James L. Jessup, Jr. as Manager of Ja-Zan LLC, General Partner, on behalf of Forest Lakes Associates, a dissolved Virginia general partnership, Grantor. Notary Public My Commission, Expires: Registration No. c 5 a C3 c -),- CATHERINE H. FITZGERALD NOTARY PUBLIC REG. #►252832 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT. 31, 2021 4 ADDITIONAL GRANTOR: FOREST LAKES COMMUNITY ASSOCIATION, INC. By: ,— Derek C. Duval, President COMMONWEALTH O ; . IRGINIA CITY/COUNTY OF rll--- The foregoing instrument was acknowledged before me this 1 3 day of�J 2018, by Derek C. Duval, President on behalf of Forest Lakes Community Associatioi Inc., Additional Grantor. otary Public My Commission Expires: _ Registration number: I Z L1 -?=1 q___ S'•'� N(]TARY v , PUBM REIT. #7247944 ; m • MY 00MAl15" 0.1 �• EXPIRES 3� X712421 �' '►•'�''�a zir a_...;P 5 Ci3►NN 15=04 COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: GO By: VA—F-1116-1011M County Executive The foregoing instrument was acknowledged before me this 1RCI i-+-- 'day of 2018 by Jeffrey B. Richardson, County Executive, on behalf of the Coun of Albemarle, Virginia, Grantee. 1 Nntaly Public My Commission Expires: I q Registration No. CHERYL L SKEEN Approved as to form: NOTARY PUBLIC RE•GISFRATION N 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31. 2019 Co 10 y t 1'li }' —W-- le 1ON2110.11O\ RESOLUTION The Members approve the sale and transfer to the County of Albemarle of title to the Hollymead Lake Dam and roadway on top of the dam, and easements of access across and on adjoining common areas of FLCA for construction and maintenance of the dam. The officers of FLCA are authorized to sign the deeds attached to this Notice, or substantially similar deeds to carry out the purpose of this Resolution. CERTIFICATE As certified on the attached "Certificate of Results of Vote by Forest Lakes Community Association, Inc. Members," the above Resolution was approved by the Members of the Forest Lakes Community Association, Inc. ("FLCA") on June 13, 2018. EXHIBIT A CERTIFICATE OF RESULTS OF VOTE BY FOREST LAKES COMMUNITY ASSOCIATION, INC. MEMBERS Date of Meeting of Members: Date Notice of Meeting Given to Members: Total Number of Votes of Members: Total Number of Votes Required (30%) to Constitute a Quorum at Meeting of Members: Total Number of Votes of Members Cast at Said Meeting: Total Number of Votes Necessary (75%) to Adopt Such Resolution: Total Number of Votes Cast in Favor of Resolution Attached Hereto: Total Number of Votes Cast Against Such Resolution: Resolution Passed. June 13, 2018 May 10, 2018 2,912 874 1,266 950 This statement is certified as true and correct. 1,260 6 FOREST LAKES COMMUNITY ASSOCIATION, INC. By: z (SEAL) Derek Duval, President Attested: (SEAL) ecretary S Eav