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HomeMy WebLinkAboutSP201600011 Ownership Documents Special Use Permit 2016-04-19 April 1c, 2016 Albemarle County Department of Community Development 401 McIntire Road Room 227 Charlottesville,VA 22902-4596 Re: AUTHORIZATION TO SUBMIT LAND USE APPLICATIONS B Properties LC, a Virginia limited liability company(the"Owner"), is the Owner of Albemarle County tax map parcel 04500-00-00-068C1 (the"Property"). The Owner has contracted to sell the Property to Malloy Properties VI, LLC (the"Contract Purchaser"). The Contract Purchaser desires to submit land use applications affecting the Property, such as,but not limited to, Special Use Permit applications,Architectural Review Board applications, Special Exception requests, Site Plan Applications, and other similar land use applications affecting the Property (collectively,the"Land Use Applications"). The Owners hereby authorize the following individuals and entities to submit Land Use Applications on behalf of the Owner in connection with the Property: Malloy Properties VI, LLC, Geoff Malloy, and Valerie W. Long, of the law firm of Williams Mullen. This authorization includes the authority to take any other steps, and submit any other documentation to Albemarle County necessary to effectuate the Land Use Applications on behalf of the Owner. B PROPERTIES LC a Virginia limit-' liability company By: L Printed Na : --) h, L). k 't Title: Cy,,t r` IVB E°it Date: 4 I 31098132_I.DOC • ARTICLES OF ORGANIZATION of B PROPERTIES LC Pursuant to Chapter 12 of Title 13.1 of the Code of Virginia, the undersigned states as follows: ARTICLE I. NAME. The name of the limited liability company is B Properties LC (the "Company"). ARTICLE II. REGISTERED OFFICE AND REGISTERED AGENT. The address of the initial registered office of the Company shall be located within the City of Charlottesville, Virginia at 250 West Main Street, Suite 300, P.O. Box 2964, Charlottesville, Virginia 22902. The initial registered agent of the Company shall be Caroline B. Nunley, a resident of the State of Virginia, who is admitted to the Virginia State Bar and who meets the requirements of Virginia Code Section 13.1-1015. ARTICLE III. PRINCIPAL OFFICE. The post office address of the principal office where the records of the Company will be maintained pursuant to Virginia Code Section 13.1-1028 is c/o Slaughter,lzakowitz,Clarke & Nunley, P.C., 250 West Main Street, Suite 300, P.O. Box 2964, Charlottesville, Virginia 22902. ARTICLE IV. PERIOD OF DURATION. The period of duration of the Company is thirty (30) years, ARTICLE V. MANAGEMENT. The Company is to be managed by one or more managers, who shall have full authority to act for the Company In all matters. ARTICLE VI. LIMITATION OF LIABILITY. To the extent permitted under the then applicable law, the liability of a manager or member arising out of a single transaction,occurrence or course of conduct,in any proceeding brought by or in the right of the Company or brought by or on behalf of members of the Company, is hereby eliminated. EXECUTED this j day of December, 1995. • ' r' •{w 6 / 4. CAROLINE B. NUNLEY b:\nunLty\Oprop.ao:Ira Organizer OPERATING AGREEMENT OF B PROPERTIES LC This OPERATING AGREEMENT of B PROPERTIES LC (the"LC") is made as of October 1,2003, between John G.Nunley(the"Member")and the LC. ARTICLE I FORMATION,PURPOSES,AND MEMBER 1.1 Formation. The Member acknowledges the formation of the LC under the Virginia Limited Liability Company Act(as amended from time to time,the"Act"). The Virginia State Corporation Commission issued the Certificate of Organization effective December 20, 1995. 1.2 Purposes. (a) Business Purpose. The LC's business and purpose shall consist solely of the acquisition,ownership,operation and management of the real estate project described as parcels of land off 29 North per attached Exhibit B,in the County of Albemarle, Virginia(the"Property")and such activities as are necessary,incidental or appropriate in connection therewith. (b) Limited Liability. No Member,Manager or officer shall have any personal obligation • for any liabilities of the LC solely by reason of being a Member, Manager or officer, except as provided by law. 1.3 Members. The sole Member shall be the undersigned Member. The name,address,and Membership Interest of the Member are listed on Exhibit A. 1.4 Tax Classification. The sole Member intends that the LC be disregarded as an entity separate from its owner for federal income tax purposes and this Agreement shall be interpreted accordingly. ARTICLE II MANAGEMENT 2.1 Management by Member. The LC shall initially be managed by the Member. The Member may,but is not required to,designate additional Managers. Such additional Managers shall have such duties,rights and powers as specified by the Member,subject to Section 2.2 below. 2.2 Powers of Manager. The Member Manager and any other Manager designated by the Member shall have all the powers set forth in Section 13.1-1009 of the Act on behalf of the LC. 1 ARTICLE III REIMBURSEMENT OF EXPENSES 3.1 Expenses;Reimbursement. The LC shall bear all expenses and liabilities incurred with respect to the organization,operation,and management of the LC. A Member,Manager or officer shall be entitled to reimbursement from the LC for any LC expenses or liabilities incurred by the Member,Manager or officer provided that the expenses or liabilities did not arise as a result of the Member's,Manager's or officer's breach of the Agreement,fraud,bad faith or gross negligence. ARTICLE IV CONTRIBUTIONS AND DISTRIBUTIONS 4.1 Contributions. The Member has contributed to the LC the cash described on Exhibit A in exchange for all of the interests in the LC. The Member is not obligated to make any additional capital contributions to the LC. The Member may,in its sole and absolute discretion,make additional capital contributions to the LC if the Member deems such contributions necessary or convenient for the operation of the LC. 4.2 Distributions of Cash. The Member may distribute to the Member,annually or more frequently,cash and non-cash assets not required for LC operations or reserves. 4.3 Property of LC. All property owned by the LC shall be owned by the LC as an entity and, insofar as permitted by applicable law,no Member shall have any ownership interest in any LC property in its individual name or right,and each Member's Membership Interest shall be personal property for all purposes. ARTICLE V DISSOLUTION 5.1 Events of Dissolution. Subject to the restrictions contained in Section 2.2 above, the LC shall dissolve only upon the first to occur.of: (a) Election of Member. The written election of the Member to dissolve the LC;or (b) Disposition of Assets. The sale,transfer,or other disposition of substantially all of the non-cash assets of the LC. 5.2 Winding Un. Upon the dissolution of the LC,the Member,or a person designated by it,shall wind up the affairs of the LC. The Member(or its designee)shall determine the time, manner and terms of any sale or sales of LC property pursuant to such winding up,having due regard to the activity and the condition of the LC and relevant market and economic conditions. 5.3 Certificate of Cancellation. Upon completion of the winding up of the LC,the LC shall terminate and a Certificate of Cancellation shall be filed with the Virginia State Corporation Commission,together with any other documents required to effectuate the termination. 2 5.4 Effect of Bankruptcy,Death or Incompetency of a Member. The bankruptcy,death, dissolution,liquidation, termination or adjudication of incompetency of a Member shall not cause the termination or dissolution of the LC and the business of the LC shall continue. Upon any such occurrence,the trustee,receiver,personal representative,executor, administrator,committee,guardian or conservator of such Member shall have all the rights of such Member for the purpose of settling or managing its estate or property,subject to satisfying conditions precedent to the admission of such assignee as a substitute Member. The transfer by such trustee, receiver,executor,administrator,committee,guardian or conservator of any membership interest in the LC shall be subject to all of the restrictions,hereunder to which such transfer would have been subject if such transfer had been made by such bankrupt, deceased,dissolved,liquidated, terminated or incompetent Member. The foregoing shall apply to the extent permitted by applicable law. ARTICLE VI ADMINISTRATIVE PROVISIONS 6.1 Offices. The initial principal office,registered office,and registered agent shall be as set forth in the Articles of Organization. The Member may change the principal office, the registered office or the registered agent at any time. 6.2 Information and Records. The Member shall keep full and accurate books of account, records and supporting documents at the principal office of the LC. 6.3 Additional Administrative Provision*. The LC shall: (a) maintain books,records and bank accounts separate from those of any other person; (b) maintain its assets in such a manner that it is not costly or difficult to segregate,identify or ascertain such assets; (c) hold regular meetings,as appropriate,to conduct business of the LC,and observe all customary organizational and operational formalities; (d) hold itself out to creditors and the public as a legal entity separate and distinct from any other entity; (e) prepare separate tax returns and financial statements,or if part of a consolidated group, then it will be shown as a separate member of such group; (f) allocate and charge fairly and reasonably any common employee or overhead shared with affiliates; (g) transact all business with affiliates on an arm's-length basis and pursuant to enforceable agreements; (h) conduct business in its own name and use separate stationery,invoices and checks; 3 (i) not commingle its assets or funds with those of any other person; (j) not assume,guarantee or pay the debts or obligations of any other person; (k) correct any known misunderstanding as to its separate identity; (I) not permit any affiliate to guarantee or pay its obligations (other than limited guarantees set forth in Mortgage or related documents);and (m)not make loans or advances to any other person except for tenant up-fit allowances made in the normal course of business. ARTICLE VE MISCELLANEOUS 7.1 Amendment. This Agreement may be amended only by the written consent of the sole Member. 7.2 Definitions. Unless the context otherwise requires,the terms used in this Agreement shall have the same definitions set forth in the Act. 7.3 Governing Law. This Agreement shall be governed by the Act and other applicable laws of the Commonwealth of Virginia,without giving effect to its conflicts of laws rules. IN WITNESS WHEREOF,the Member and the LC have executed this Agreement on the day and date indicated above. John'.Nunley B P'OPERTIES LC Aws, by: John r; Nunley Sole if ember 4 EXHIBIT A TO THE OPERATING AGREEMENT OF B PROPERTIES LC MEMBERS LIST Name and Business Capital Contribution Address of Member (Amount and Dessuntionl Percentage Interest John G. Nunley $100.00 10096 P.O.Box 7627 2070 Seminole Trail Charlottesville,VA 22906 5 300•d 'Ysoi . Department of the Treasury In reply refer to: 0241904386 'Y' Internal Revenue Service Dec 05, 2011 LTR 147C Ogden, UT 84201 54.1906878 B PROPERTIES LC PO BOX 7627 CHARLOTTESVLE VA 22906-7627 270 • Taxpayer Identification Number; 54-1906878 ( Form(s): Dear Taxpayer: This letter is in response to your telephone inquiry of December 5th, 2011. Your Employer Identification Number (EIN) is 54-1906878. Please keep this number in your permanent records. You should enter your name and your EIN, exactly as shown above, on all business federal tax forms that require its use, and on any related correspondence documents. If you have any questions regarding this letter, please call our Customer Service Department at 1-800-829-0115 between the hours of 7:00 AM and 10:00 PM. If you prefer, you may write to us at the address shown at the top of the first page of this letter, When you write, please include a telephone number where you may be reached and the best time to call. Sincerely, Mrs. Lumpkin 1000196246 Customer Service Representative • Z00'd LZ:80 TTOZ-90-02Q EXHIBIT B TO THE OPERATING AGREEMENT OF B PROPERTIES LC a. All that certain lot or parcel of land, containing 2.244 acres, with improvements thereon, situated on the west side of U.S. Route 29, a short distance north of the City of Charlottesville,in Albemarle County,Virginia,further described by metes and bounds on a plat prepared by B. Aubrey Huffman, Engineer, dated August 7, 1957, of record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 334,page 108; BEING the same property conveyed to the Grantors by deed of The Foxbrook Corporation, a Virginia corporation, dated August 29, 1967, and recorded in said Clerk's Office in Deed Book 434,page 46; b. All that certain lot or parcel of land, containing 2.81 acres, more or less with the improvements thereon fronting on the western boundary of the right of way of U.S. Route 29 North, being described on plat of William S. Roudabush,Jr. & Associates, Certified Land Surveyors, dated September 1, 1970, and recorded in said Clerk's Office in Deed Book 479, page 442; BEING the same property conveyed to the Grantors by deed of Charlottesville Realty Corporation,a corporation existing under the laws of Virginia,dated October 29, 1970,and recorded in said Clerk's Office in Deed Book 479,page 440; c. All that certain lot or parcel of land, containing 0.02 of an acre, adjoining lands of said Grantors, situated north of Charlottesville, in Albemarle County, Virginia, further described by metes and bounds, designated Parcel "D" on plat prepared by Roudabush and Gloeckner, dated July 4, 1973,and recorded in said Clerk's Office in Deed Book 532, page 519; BEING the same property conveyed to the Grantors by deed of Minnie V. Lyon, a widow, dated July 10, 1973, and recorded in said Clerk's Office in Deed Book 532,page 517; d. All that certain lot or parcel of land with improvements thereon and appurtenances thereto belonging in the County of Albemarle, Virginia, containing .53 acre, more particularly described on a plat of O.R.Randolph,Engineer,datedJune 22, 1955,and recorded in said Clerk's Office in Deed Book 317,page 439, together with a non-exclusive right of way for use in conjunction with others over the road in front of the subject property to U.S. Route 29, subject to the terms for maintenance contained in a deed from J.N. Lyon and Minnie V. Lyon, husband and wife, to Phyllis G. Case, dated July 1, 1955 of record in the said Clerk's Office in Deed Book 317, page 439; BEING the same property conveyed to the Grantors deed dated September 9, 1983, of Virginia Dare Martin, Trustee of the Nora Dell land Trust,a Virginia Land Trust(dated April 21, 1977),and recorded in said Clerk's Office in Deed Book 776,page 676; e. All that certain tract or parcel of land fronting on U.S. Route 29 in Albemarle County, Virginia, and more particularly described as containing 5.934 acres on plat of W.S. Roudabush, Inc., dated August 29, 1984, revised August 31, 1984, and recorded in said Clerk's Office in Deed Book 813, page 370, also conveyed as appurtenances to said property are the right of way for ingress and egress over the forty foot roadway as shown on 6 • said plat and the right of way along the rear of the property as recorded in Deed Book 243, page 383; BEING the same property conveyed to the Grantors by deed of Bernard T. Clayton and Janet H. Clayton, husband and wife,dated August 29, 1984, and recorded in said Clerk's Office in Deed Book 813,page 368; f. All that certain lot or parcel of land situated in the Charlottesville Magisterial District of Albemarle County, Virginia, northwest of U.S. Route 29 and designated as Parcel "X" containing 0.822 acres, more or less, on plat made by William S. Roudabush, Inc. dated August 15, 1984, entitled "Plat Showing a Survey of Parcel 'X' a Portion of Parcel 68C, Tax Map 45, to be Added to Parcel 68C(1), Tax Map 45, Charlottesville District, Albemarle County, Virginia, recorded in said Clerk's Office in Deed Book 815, page 79; BEING the same property conveyed to the Grantors by deed of Charlottesville Realty Corporation, a Virginia corporation, dated September 4, 1984, and recorded in said Clerk's Office in Deed Book 815,page 77; g. All that certain parcel of land containing 2,637.44 square feet,and designated as Parcel"Z" on that certain plat of Thomas B. Lincoln Land Surveyor, Inc., dated January 17, 1994, and recorded in said Clerk's Office in Deed Book 1380, page 490. Reference is made to said plat for a more particular description of the land conveyed herein; BEING the same property conveyed to the Grantors by deed of Michael A. Flowers and Lolita M. Flowers, husband and wife, dated January 17, 1994, and recorded in said Clerk's Office in Deed Book 1380,page 495; h. All that certain lot or parcel of land situated in Albemarle County,Virginia,and designated as Parcel "A" containing 1,656.34 square feet, on the plat entitled "Plat Showing Right-of- Way, Drainage Easements and Access Easement Hereby Dedicated to Public Use. Also Showing a Waterline Easement Hereby Dedicated to the Rivanna Water and Sewer Authority and Showing Parcel A, Being a Portion of the Property Belonging to Gary A. Howie as Recorded in D.B. 1280, Pg. 636 Located on an Extension of Berkmar Drive Charlottesville Magisterial District Albemarle County, Virginia", recorded in said Clerk's Office in Deed Book 1448,page 278;BEING the same property conveyed to the Grantors by deed of Gary A. Howie, dated September 7, 1994, and recorded in said Clerk's Office in Deed Book 1448,page 276;and i. That certain parcel of land containing 4,691.21 square feet, and designated as Parcel "Y" on that certain plat of Thomas B. Lincoln Land Surveyor,Inc.,dated September 17, 1994, and recorded in said Clerk's Office in Deed Book 1880, page 490. Reference is made to said plat for a more particular description of the land conveyed herein. 7 • Paggf of 5 r f • BK1723PG0690 010301 Prepared by Caroline B.Nunley,Esq. DEED THIS DEED made this 1st day of January,1998,by and between RICHARD L.NUNLEY and JULIA G.NUNLEY,husband and wife,Grantors,and B PROPERTIES LC,a Virginia limited liability company,Grantee,whose address is P.O.Box 7627,Charlottesville,Virginia 22906; (This conveyance is exempt from taxation pursuant to Section 58.1-811.A.10 of the Virginia Code.) WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of TEN AND NO/I00THS DOLLARS ($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, the said Grantor docs hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee,the following described property: a. All that certain lot or parcel of land,containing 2.244 acres,with improvements thereon,situated on the west side of U.S.Route 29,a short distance north of the City of Charlottesville,in Albemarle County,Virginia,further described by metes and bounds on a plat prepared by B.Aubrey Huffman,Engineer,dated August 7,1957, of record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia, in Deed Book 334,page 108;BEING the same property conveyed to the Grantors by deed of The Foxbrook Corporation,a Virginia corporation,dated August 29,1967, and recorded in said Clerk's Office in Decd Book 434,page 46; b. All that certain lot or parcel of land consisting of 2.81 acres,more or less with the improvements thereon fronting on the western boundary of the right of way of U.S. Route 29 North,being described on plat of William S.Roudabush,Jr.&Associates, Certified Land Surveyors,dated September I, 1970,and recorded in said Clerk's Office in Deed Book 479,page 442;BEING the same property conveyed to the Grantors by deed of Charlottesville Realty Corporation,a corporation existing under the laws of Virginia,dated October 29,1970,and recorded in said Clerk's Office in Deed Book 479,page 440; III Book: 1723 Page: 690 FileNumber: 1998-00010301 Seq: 1 t _ Page 2�of 5 �• • BK 1723Pc069 I c. All that certain parcel of land,containing 0.02 of an acre,adjoining lands of said Grantors,situated north of Charlottesville,in Albemarle County,Virginia,further described by metes and bounds, designated Parcel "D" on plat prepared by Roudabush and Gloeckner,dated July 4,1973,and recorded in said Clerk's Office in Deed Book 532,page 519;BEING the same property conveyed to the Grantors by deed of Minnie V.Lyon,a widow,dated July 10,1973,and recorded in said Clerk's Office in Deed Book 532,page 517; d. All that certain lot or parcel of land with improvements thereon and appurtenances thereto belonging in the County of Albemarle,Virginia,containing.53 acre,more particularly described on a plat of 0.R.Randolph,Engineer,dated June 22,1955, and recorded in said Clerk's Office in Deed Book 317,page 439,together with a non- exclusive right of way for use in conjunction with others over the road in front of the subject property to U.S.Route 29,subject to the terms for maintenance contained in a deed from J.N.Lyon and Minnie V.Lyon,husband and wife,to Phyllis G.Case, dated July I,1955,of record in the said Clerk's Office in Deed Book 317,page 439; BEING the same property conveyed to the Grantors by deed dated September 9, 1983,of Virginia Dare Martin,Trustee of the Nora Dell Land Trust,a Virginia Land Trust(dated April 21,1977),and recorded in said Clerk's Office in Deed Book 776, page 676; c. All that certain tract or parcel of land fronting on U.S. Route 29 in Albemarle County,Virginia,and more particularly described as containing 5.934 acres on plat of W.S. Roudabush, Inc.,dated August 29, 1984,revised August 31, 1984,and recorded in said Clerk's Office in Deed Book 813, page 370, also conveyed as appurtenances to said property arc the right of way for ingress and egress over the forty foot roadway as shown on said plat and the right of way along the rear of the property as recorded in Deed Book 243, page 383; BEING the same property conveyed to the Grantors by deed of Bernard T. Clayton and Janet H.Clayton, husband and wife,dated August 29, 1984,and recorded in said Clerk's Office in Deed Book 813,page 368; All that certain lot or parcel of land situated in the Charlottesville Magisterial District of Albemarle County,Virginia,northwest of U.S.Route 29 and designated as Parcel "X"containing 0.822 acres,more or less,on plat made by William S.Roudabush, Inc.dated August 15, 1984,entitled"Plat Showing a Survey of Parcel'X'a Portion of Parcel 68C, Tax Map 45, to be Added to Parcel 68C(I), Tax Map 45, Charlottesville District,Albemarle County,Virginia",recorded in said Clerk's Office in Deed Book 815,page 79;BEING the same property conveyed to the Grantors by deed of Charlottesville Realty Corporation,a Virginia corporation,dated September 4, 1984,and recorded in said Clerk's Office in Deed Book 815,page 77; 121 Book: 1723 Page: 690 FileNumber:1998-00010301 Seq:2 r• Paga 3 of 5 • ��• BK 1723PG0692 g. All that certain parcel of land containing 2,637.44 square feet,and designated as Parcel"Z"on that certain plat of Thomas B.Lincoln Land Surveyor,Inc.,dated January 17,1994,and recorded in said Clerk's Office in Deed Book 1380,page 490. Reference is made to said plat for a more particular description of the land conveyed herein;BEING the same property conveyed to the Grantors by deed of Michael A. Flowers and Lolita M.Flowers,husband and wife,dated January 17, 1994,and recorded in said Clerk's Office in Deed Book 1380,page 495; .11 h. All that certain lot or parcel of land situated in Albemarle County,Virginia,and designated as Parcel"A"containing 1,656.34 square feet,on the plat entitled"Plat Showing Right-of-Way, Drainage Easements and Access Easement Hereby Dedicated to Public Use. Also Showing a Waterline Easement Hereby Dedicated to the Rivanna Water and Sewer Authority and Showing Parcel A,Being a Portion of the Property Belonging to Gary A. Howie as Recorded in D.B. 1280, Pg. 636 Located on an Extension of Berkman Drive Charlottesville Magisterial District Albemarle County,Virginia",recorded in said Clerk's Office in Deed Book 1448, page 278;BEING the same property conveyed to the Grantors by deed of Gary A. Howie,dated September 7,1994,and recorded in said Clerk's Office in Deed Book 1448,page 276;and i. That certain parcel of land containing 4,691.21 square feet,and designated as Parcel "Y"on that certain plat of Thomas B.Lincoln Land Surveyor,Inc.,dated January 17, 1994,and recorded in said Clerk's Office in Deed Book 1380,page 490. Reference is made to said plat for a more particular description of the land conveyed herein; BEING the same property conveyed to Grantors by deed of Richard L.Nunley,dated January 1, 1998,and recorded immediately prior hereto. This conveyance is made expressly subject to the Declaration,dated April 18, 1986,made by the Grantors and recorded in said Clerk's Office in Deed Book 874,page 738 and all other easements,conditions,restrictions,agreements and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed,which have not expired by limitation of time contained therein or have not otherwise become ineffective and any lien,inchoate or otherwise,for real estate taxes and assessments not yet due and payable. [31 Book: 1723 Page: 690 FileNumber: 1998-00010301 Seq:3 Page 4of5 Y • BK 1723Pc0693 • WITNESS the following signatures and seals: !�•w rk .oC /i SEAL) Richard L.Nunley t�.2.. ,.• S' • Q--Op (SEAL) Julia G.Nunley COMMONWEALTH OF VIRGINIA ffCOUNTY OF /J L.(2)LrY1faM�.l✓ The foregoing instrument was acknowledged before mc this $411 day of —3-4.1 ,1991,by Richard L.Nunley. Notary blic My commission expires: 9 - 3 0- COMMONWEALTH -COMMONWEALTH OF VIRGINIA QHWHCOUNTY OF AL-(3C111ARC �. The foregoing instrument was acknowledged before me this I).day of \ ,I99 ,by Julia G.Nunley. c ��f /1a,rycko Notary Firbhe My commission expires: — 30- [4 1 Book: 1723 Page: 690 FileNumber: 1998-00010301 Seq:4 r '. Pagg5m5 , ..% i BK 1723PG0694 YIKGIVIA: IN'iltF:CLERK'S OFFICE I)F'nu:('IKI't'1'1' ('1)IIK"f OF ALBE'11ARLE: E11115 DEED WAS PRESENTED. AND W'ffll('EwrirI('ATE ANNEXEI►, IS ADMITTED To RECORD ON /0 .19 7( ,AT.1/ (ruIA('K / . M. STA'STATE'TA X 1 __-- ----- 1 .39 ) LOCAI.TAX S _ ^_1213) TRANSFER FEE 1 ./, 0 Q 12121 I.T.T.F. S _---.1.00 (100 VSLF $_ 1.01) 71145) CI.EKK'S FEF: $ i4. 0 0_.13011 PLAT $ _._._._....._..__ SF:L .58.14102: TES17:: sun CA TAX 1 .__._________103/11 2201 SHELBY J.MAILSIIALL.0 1,1)('AI.'fAX $..._-___ _,12201 1(1('A1.TAX $ 122.11 KY: __–_-_— :PUTT CLERK TOTAI. 1 /_7, too ________ . Book: 1723 Page: 690 FileNumber: 1998-00010301 Seq:5 r • • Pagel of 5 , 11 8K1723P60690 010301 Prepared by Caroline B.Nunley,Esq. DEED THIS DEED made this 1st day of January,1998,by and between RICHARD L.NUNLEY and JULIA G.NUNLEY,husband and wife,Grantors,and B PROPERTIES LC,a Virginia limited liability company,Grantee,whose address is P.O.Box 7627,Charlottesville,Virginia 22906; (This conveyance is exempt from taxation pursuant to Section 58.1-811.A.10 of the Virginia Code.) WITNESSETFI: THAT FOR AND IN CONSIDERATION of the sum of TEN AND NO/100THS DOLLARS ($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee,the following described property: a. All that certain lot or parcel of land,containing 2.244 acres,with improvements thereon,situated on the west side of U.S.Route 29,a short distance north of the City of Charlottesville,in Albemarle County,Virginia,further described by metes and bounds on a plat prepared by B.Aubrey Huffman,Engineer,dated August 7,1957, of record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia, in Deed Book 334,page 108;BEING the same property conveyed to the Grantors by deed of The Foxbrook Corporation,a Virginia corporation,dated August 29,1967, and recorded in said Clerk's Office in Deed Book 434,page 46; b. All that certain lot or parcel of land consisting of 2.81 acres,more or less with the improvements thereon fronting on the western boundary of the right of way of U.S. Route 29 North,being described on plat of William S.Roudabush,Jr.&Associates, Certified Land Surveyors,dated September I, 1970,and recorded in said Clerk's Office in Deed Book 479,page 442;BEING the same property conveyed to the Grantors by deed of Charlottesville Realty Corporation,a corporation existing under the laws of Virginia,dated October 29,1970,and recorded in said Clerk's Office in Deed Book 479,page 440; II ] Book: 1723 Page: 690 FileNumber:1998-00010301 Seq: 1 Papp 2 b(5 • • r. • BKI723PG0691 c. All that certain parcel of land,containing 0.02 of an acre,adjoining lands of said Grantors,situated north of Charlottesville,in Albemarle County,Virginia,further described by metes and bounds, designated Parcel "D" on plat prepared by Roudabush and Gloeckner,dated July 4,1973,and recorded in said Clerk's Office in Deed Book 532,page 519;BEING the same property conveyed to the Grantors by deed of Minnie V.Lyon,a widow,dated July 10,1973,and recorded in said Clerk's Office in Deed Book 532,page 517; d. All that certain lot or parcel of land with improvements thereon and appurtenances thereto belonging in the County of Albemarle,Virginia,containing.53 acre,more particularly described on a plat of 0.R.Randolph,Engineer,dated June 22,1955, and recorded in said Clerk's Office in Deed Book 317,page 439,together with a non- exclusive right of way for use in conjunction with others over the road in front of the subject property to U.S.Route 29,subject to the terms for maintenance contained in a deed from J.N.Lyon and Minnie V.Lyon,husband and wife,to Phyllis G.Case, dated July I,1955,of record in the said Clerk's Office in Deed Book 317,page 439; BEING the same property conveyed to the Grantors by deed dated September 9, 1983,of Virginia Dare Martin,Trustee of the Nora Dell Land Trust,a Virginia Land Trust(dated April 21,1977),and recorded in said Clerk's Office in Deed Book 776, page 676; c. All that certain tract or parcel of land fronting on U.S. Route 29 in Albemarle County,Virginia,and more particularly described as containing 5.934 acres on plat of W.S.Roudabush,Inc.,dated August 29, 1984,revised August 31, 1984,and recorded in said Clerk's Office in Deed Book 813, page 370,also conveyed as appurtenances to said property arc the right of way for ingress and egress over the forty foot roadway as shown on said plat and the right of way along the rear of the property as recorded in Deed Book 243, page 383; BEING the same property conveyed to the Grantors by deed of Bernard T. Clayton and Janet N. Clayton, husband and wife,dated August 29, 1984,and recorded in said Clerk's Office in Deed Book 813,page 368; f. All that certain lot or parcel of land situated in the Charlottesville Magisterial District of Albemarle County,Virginia,northwest of U.S.Route 29 and designated as Parcel "X"containing 0.822 acres,more or less,on plat made by William S.Roudabush, Inc.dated August 15,1984,entitled"Plat Showing a Survey of Parcel'X'a Portion of Parcel 68C, Tax Map 45, to be Added to Parcel 68C(1), Tax Map 45, Charlottesville District,Albemarle County,Virginia",recorded in said Clerk's Office in Deed Book 815,page 79;BEING the same property conveyed to the Grantors by deed of Charlottesville Realty Corporation,a Virginia corporation,dated September 4, 1984,and recorded in said Clerk's Office in Deed Book 815,page 77; 121 Book: 1723 Page: 690 FileNumber:1998-00010301 Seq:2 • r. a Pa4 3 of 5 • • BK 1723PG0692 g. All that certain parcel of land containing 2,637.44 square feet,and designated as Parcel"Z"on that certain plat of Thomas B.Lincoln Land Surveyor,Inc.,dated January I7,1994,and recorded in said Clerk's Office in Deed Book 1380,page 490. Reference is made to said plat for a more particular description of the land conveyed herein;BEING the same property conveyed to the Grantors by deed of Michael A. Flowers and Lolita M. Flowers,husband and wife,dated January 17, 1994,and recorded in said Clerk's Office in Deed Book 1380,page 495; h. All that certain lot or parcel of land situated in Albemarle County,Virginia,and designated as Parcel"A"containing 1,656.34 square feet,on the plat entitled"Plat Showing Right-of-Way, Drainage Easements and Access Easement Hereby Dedicated to Public Use. Also Showing a Waterline Easement Hereby Dedicated to the Rivanna Water and Sewer Authority and Showing Parcel A,Being a Portion of the Property Belonging to Gary A. Howie as Recorded in D.B. 1280, Pg. 636 Located on an Extension of Berkmar Drive Charlottesville Magisterial District Albemarle County,Virginia",recorded in said Clerk's Office in Deed Book 1448, page 278;BEING the same property conveyed to the Grantors by deed of Gary A. Howie,dated September 7,1994,and recorded in said Clerk's Office in Deed Book 1448,page 276;and i. That certain parcel of land containing 4,691.21 square feet,and designated as Parcel "Y"on that certain plat of Thomas B.Lincoln Land Surveyor,Inc.,dated January 17, 1994,and recorded in said Clerk's Office in Deed Book 1380,page 490. Reference is made to said plat for a more particular description of the land conveyed herein; BEING the same property conveyed to Grantors by deed of Richard L.Nunley,dated January I,1998,and recorded immediately prior hereto. This conveyance is made expressly subject to the Declaration,dated April 18, 1986,made by the Grantors and recorded in said Clerk's Office in Deed Book 874,page 738 and all other easements,conditions,restrictions,agreements and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed,which have not expired by limitation of time contained therein or have not otherwise become ineffective and any lien,inchoate or otherwise,for real estate taxes and assessments not yet due and payable. [3J Book: 1723 Page: 690 FileNumber: 1998-00010301 Seq:3 Page 4 of 5 BK I 723PG0693 WITNESS the following signatures and seals: r ' I A-C, , a.. • AL) Richard L.Nunley It or.. .. C' • ll�...t2o (SEAL) Julia G.Nunley COMMONWEALTH OF VIRGINIA -GRWCOUNTY t The foregoing instrument was acknowledged before mc this $4-14 day of �u 1 ,199 j_,by Richard L.Nunley. Notary blic My commission expires: 9 - 3 0- t} COMMONWEALTH OF VIRGINIA QHWCOUNTY of /fit- £rnfk14-�. The foregoing instrument was acknowledged before me this f) day of 1L , I99_a,by Julia G.Nunley. j_\.\j-Yr•-$4-Q--g-c Notary Ilic My commission expires: - 30— (4 J Book: 1723 Page: 690 FileNumber: 1998-00010301 Seq:4 r , 0 a Papg5 of 5 .. BK 1723PG0694 VIRGINIA: I\T IIE CLERK'S OFFICE OF TIIE('IR('ITT ('OUR'f OF ALBEMARLE: 1 THIS DEED WAS PRESENTED. AND WTIH CERTIFICATE ANNEXED. IS ADMITTED TO RECORD OS _-_ /0_.19 / eA'fs3. O'CLOCk / . M. STA'll':TAX 1103 9) LOCAI.1AX S _ ^121.3) TRANSFER FEE Si 1212) 00-_ I,T.T.F. $ 3.01► 1106) VSLF $ - IAN) 1149 CLERK'S FEE s 74. 0 O-_1301) PLAT $ _._..._..------ SECI'.511.1•102: TES-TE: SPATE TAX $ __•,_ (0301 SHELBY J.MARSHALL,CLERK I,O('AI.'PAX $ -- _11201 BY: �/ -' '` IOI'AI.7'AX S --- _1223) -` - :PUfY CLERK TOTAL $ /7!o0 _ Book: 1723 Page: 690 FileNumber: 1998-00010301 Seq:5 , rix ft 7 11 rtn 7 Z I DECLARATION 2493 THIS DECLARATION made this 18th day of April, 1986, by RICHARD L. NUNLEY and JULIA G. NUNLEY, husband and wife, hereinafter re- ferred to as "Declarants", WITNESSETH : That WHEREAS, Declarants are the owners of all of the con- tiguous parcels of land situated near Charlottesville, in the • Charlottesville Magisterial District of Albemarle County, Virginia, shown on the plat attached hereto and the subject of this declara- tion, BEING the same properties conveyed to Declarants by the following deeds of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, to-wit: from The Foxbrook Corporation, a Virginia corporation, dated August 29, 1967, Deed Book 434 page 46; from Charlottesville Realty Corporation, a Virginia corporation, dated October 29, 1970, Deed Book 479 page 440; from Minnie V. Lyon, widow, dated July 10, 1973, Deed Book 532 page 517; from Virginia Dare Martin, Trustee for Nora Dell Land Trust, a Virginia Land Trust, dated September 9, 1983, Deed Book 776 page 676; from Bernard T. Clayton and Janet H. Clayton, his wife, dated August 29, 1984, Deed Book 813 page 368; from Charlottesville Realty Corporation, a Virginia corporation, dated September 4, 1984, Deed Book 815 page 77; said parcels are Shown on Tax Map 45 as Parcels 68A, 68C(1) , 112A and 112B; WHEREAS, Declarants desire to change the division lines among said parcels and to establish said division in accordance with plat prepared by Roudabush, Greene & Gale, Inc. , dated March 28, 1986, revised April 4, 1986, captioned "Subdivision Plat Showing Parcels 'A' thru 'D' Comprising Parcels 68A, 68C(1) , 112A, 112B, Tax Map 45 Property of Richard L. Nunley near Charlottesville, Charlottesville District, Albemarle County, Virginia", attached hereto and made a part hereof, and Declarants desire to subject Parcel "A" and /) Parcel "B" shown on said plat to the access easement hereinafter 42, set forth and to subject said Parcel "A" and Parcel "B" to the SWILL mimeo covenants, liens and charges for private maintenance of the Access A11001111 AT 1AW wMsivaviu.s.vA. • 0,il 11 7 tL w1wt{l 7 I - 2 Easement as hereinafter set forth, and to provide for joint use of existing parking area; now, therefore, DECLARANTS hereby adopt the aforesaid plat hereto attached and made a part hereof as the Subdivision Plat of said properties; and Declarants subject Parcel "A" and Parcel "B" to the easement 24' in width shown on said plat as "Existing Driveway" and "Joint Access Easement" and to the joint use, for the use and benefit of Parcel "A" and Parcel "B" of existing parking area. The provisions set forth herein shall run with the land and shall be binding upon any and all parties who have, or shall acquire, any right, title or interest in all or any part of said Parcel "A" and Parcel "B", or either of them, and shall inure to the benefit of each owner thereof. ARTICLE I - DEFINITIONS The following words, when used in this Declaration, shall have the following respective meanings: Section 1.01. "Access Easement" shall mean and refer to the 24' wide access easement established in Section 2.01 hereof. Section 1.02. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, including Declar- ants, of the fee simple title to Parcel "A" and Parcel "B", or either of them, including contract sellers, but excluding those having such interests merely as security for the performance of an obligation. In the case where Parcel "A" or Parcel "B" is held by one or more persons for life with the remainder to another or others, the term "Owner' shall mean and refer only to such life tenant or tenants until such time as the remainderman or remainder- men come into use, possession or enjoyment of said parcel. • ARTICLE II - ACCESS EASEMENT Section 2.01. Establishment of Access Basement: Declarants do hereby establish and impose a non-exclusive access easement 24' VTMa.IRWIN in width across Parcel "B", for the benefit of Parcel "A" and A1TOWWW AT LAW O"A&LOWSWML0.VA. R7 !S P1^17Fq - 3 - Parcel "B", along and across that certain strip of land designated on the attached subdivision plat as "Existing Driveway" and "Joint Access Easement", for the joint use of Parcel "A" and Parcel "B" for ingress and egress to and from U. S. Route 29. Section 2.02. Maintenance. The Access Easement is private and requires private maintenance as hereinafter set forth. The costs of repair, maintenance, upkeep, improvement or replacement (hereinafter referred to as "maintenance") of the Access Easement and the private road located therein will not be borne by the County of Albemarle, the State of Virginia, or any public agency, but rather shall be the responsibility of and borne as follows: (a) Declarants: The initial construction of the private road and related improvements (grading, seeding, drainage ditch, culvert pipe, etc. , insofar as required) within the Access Easement have been borne and completed by Declarants, the Owner of both of said parcels. So long as both of said parcels are owned by the same Owner, said Owner shall be responsible for and shall bear the entir: costs of maintenance of the said private road and related improve- ments within the Access Easement. (b) Owners of Lots: In event said parcels are at any time separately owned, the Owners of Parcel "A" and Parcel "B" shall be responsible for and shall bear equally, with one-half share to each I Owner, the costs of maintenance of the private road and related improvements within the Access Easement. Notwithstanding the foregoing, each Owner shall be solely and exclusively responsible fcr and shall fully bear the costs of maintenance within the Access Easement necessitated by construction I activities on his Parcel, and each Owner shall restore any portion of the Access Easement damaged by his construction activities to • at least its prior condition upon conmpletion of such construction. C*4 Section 2.03. Standards of Maintenance: The owners of Parcel MIA IRWIN "A" and Parcel "B" shall determine the standards to which the Acces= ATUO"MM AT AAR OIM"10rrara iL VA. nsY. ^ 7 rF ''w"•1) 7 F - 4 - Easement and private road located therein shall be maintained; provided, however, that any portion of the private road and re- lated improvements shall be maintained in such condition that the private road is passable at all times for ordinary use by passen- ger automobiles, excepting only severe, temporary weather condi- tions such as snow or ice, with gravel of appropriate type, depth { and width, and drainage ditches and culverts as necessary. Section 2.04. Personal Liability, Lien and Enforcement: (a) Personal Liability for Maintenance: Each Owner shall be personally liable and responsible for his share of the costs of mainteance as set forth in Sections 2.02 and 2.03 which are incurred during his ownership of his parcel, and shall pay to the person or corporation performing such maintenance his share within fifteen (15) days following completion of such maintenance. (b) Enforcement: If any Owner shall fail to pay his proportionate share of the costs of maintenance for which he is responsible, as provided hereinbefore, any other Owner, or the person or corporation performing such maintenance, may bring an action at law against such Owner failing to pay his proportionate share and/or foreclose the lien provided for in Section 2.04(c) hereof against said Owner's parcel. The amount due by such de- linquent Owner shall bear interest at the maximum judgment rate provided by law from the ']ate of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collec- tion, including reasonable attorney's fees. (c) Lien: Subject to the lien of any deed of trust. or mortgage recorded prior to recordation of notice of lien hereunder, there shall be a contt:iutng,:.igen•on.each::of::the=:said .twoli&rcele to secure the payment of the assessments as described in Section 2.03 0400e above. Such lien shall be at all times subject to the provisions of Section 2.04(d) , and shall be enforceable in the same manner as MIL mortgage. £TV UNIT AT ur mmamminuawL • ., -1 - r, ,,,..11 7 I. - 5 - (d) Prior Deeds of Trust and Mortgages: The lien provided for in Section 2.04(c) above shall at all times be sub- ject to any deed of trust or mortgage placed on either Parcel at any time until notice of such lied shall have been recorded as hereinafter provided. If the one-half share of any costs of main- tenance is not paid by either Owner of a subject Parcel within fifteen (15) days after the same becomes due and payable, a notice of such nonpayment as to such Parcel may be recorded by the Owner of the other Parcel or by the person or corporation performing such maintenance, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, and from the time of such recordation the amount stated in the notice, together with interest, costs of collection, and reasonable attorney's fees shall become a lien prior to any deed of trust or mortgage recorded subsequent to the date of recordation of such notice. Section 2.05 Parking Area: The existing private parking area, situated partly on Parcel "A" and partly on Parcel "B" is for the joint use of said two Parcels, both of which are now owned by Declarants. In event said two parcels are at any time separately owned, the Owner of each of said Parcels shall maintain the portion of said parking area within his Parcel. WITNESS the following signatures and seals. 4 [SEAL) Richard L. Nunley�y .J [SEAL] h a G. Nunley Zn COMMONWEALTH OF VIRGINIA, City of Charlottesville, to-wit: The foregoing instrument was acknowledged before me this „231-4 day of April, 1986, by Richard L. Nunley and Julia G. Nunley. My commission expires a,,, ,,,� 0?3, � 1$7 ,111P 1A4-6 IMISL mem ARY ELIC atnrer wt uu mumnsionuswu . 0. , . .. ... T i I ? . ::'Ri.v' r'OR F.f .Olin:JP-0i !.k1(r .4 A I-,....:.`. j ' 0 i,:rt i T M 4' i s':e•' •' • r44..14.0... A'.ISr K(' tyllit e:...'r h' Ii (A BI y•t4;•i• :•A141k k.,ntrt I ;f:.1 ! T Y 4 P.'c$(0 I.i. • C° 1? .41 ,., .c•O Ova to.,A 44.4.4 I 08 ,T•p., •�\,,...,4•91441.r.:11•405° t62t4 t 1 aill 9 . as.4; 411.2 P N PI Y • • • Y .� 2 I "•Y 1 I N w JJ ro v A O w .)03 A* =N PARCEL "C �, 1 i u* 3 018 Ac, : t ,a-04 315 Ac.Toot T M 4S Niece!HtB 1:.6•• 0B 265p405,406(Ftatl '': ' t�` II-A ^► !'rt 4444,,:.. tot4ro H c PARCEL 1` ,1r: •• I 5 017 At. i ' • sop1 "•-, , 1 a ( 4T * ' • r N.• z ba SS9°2?00'w t,,t;t`' l.'._.• o' 24695' t `.. ; Y N N ) :) ; I A _ N - o PARCEL "0., I o tE - 40,000 s f, m A. ,, `S ' 1� N TM 45 Parte!MQA,' • , r �O DB 3t7p440wat) .,81 e.•. .o o !DIED H C y;6°9S.,i ')°.' .� V 'N" O Win') ' .r4. Y'. !.• 1 PARCEL "B" V i NM 131.22 :r . Z.060 At: o ; •• • ; N59°2252"1 'M , • z • Ty 45 Patter 684 kr 'r° OR 334006,108(Ptat) _ ! NO.r /GM U H(. r.• . f' — /1 A' ' • t •fi .fit . tog I.297Ac l i --1::-.'"4:` 'ms' 1 . v Z6 ..4.44)• t ' wo �z �'�, SUt:Gtf1S101i PLAT f .-j `O q i2) SHOWING PARCELS"A"THRUb 1 • ,••r ••• 3 > i.(•I/r�!!t')It�:� {':riK(:f i'� cBt.,�C�t�,1121'i, t � . �;s 5 �t‘ ANL 1121+ TAX MAP 45 I I, • • ,64,::-.1"+' `� �`� Z PROP! PTY •;F RICHARD L NUNLEY f ' • z°°,6� (t NEAR CHARLOTTESVILLE ,,6.:‘ %IS• '.HHARt.C'T T E SVILI E DISTRICT Al 8EMARI L COU:'/TY,VIRGINIA 1 +��t�LTI/p�, o O 4 LS.II11AC31.a, o e Ctttl.MJ 54.17.3 a)65S i 51.17.3tW 78 ryi .4 ' • . e;• .1 !ski trr! A. iiA;i ' 4F!1 I 5 :;e1. .; '1' r�r46 IAM, ' .44 f SCA!t I"=100' .. • March?h,1'016 r. _.. _ __ _.._......._ . _4.444 . 3eo5--.3 r 1 a - • I , w+wy ^ 7 I g1M11 7 i. 2495 zNSIRIMExr RIME ZI&: LN ME CLEIM'S OFFICE OF CniL JIT COURT OF ALB BAR E COUNTY: ./ THIS DEED WAS PREMED, AHD WITH CERTIFICATE ARCM ADMI1T D 10 REOORD Of RIX;I 'a3 , 191L,, at / :3(0 o'aiaC P M. STATE TAX LOCAL TAX $( 219) TRANSFER 142 $ (214) CKc s FEE 14.00 (moi) PIAT SBC. 58.1-802 TESTE: STATE TAX (038) SHELBY J. MARSHALL, CLERK WCAL TAX LOCAL TAX $' (223) BY: TOTAL $ 14. 00 b .