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HomeMy WebLinkAboutSP201600019 Ownership Documents Special Use Permit 2017-02-08 Project Narrative for 2964 Hydraulic Road(S.R. 743, TMP 61-13A Albemarle County, VA) Project Proposal The purpose of this project is to enhance the exterior plantings, hardscape and fencing at 2964 Hydraulic road. This will improve the visual presentation of the property for both pedestrian and vehicular traffic along Hydraulic Road. It will also improve screening and current landscape plantings for the neighboring residential lots. This will create no change in the character or intent of the Zoning Ordinance. The only changes in safety, public health and general welfare will be positive. (healthier plants and safer fencing). Staff, clients and operational hours will not change. Planned Parenthood(the Owners)proposes to enhance and repair the current site at 2964 Hydraulic Road. The site was initially approved by special use permit 2000-35 for the Roslyn Ridge Offices. That special use permit required an undisturbed buffer strip of fifteen feet along both abutting property lines with existing vegetation being retained and a six-foot high opaque fence between the parking lot and the Townwood units. What follows is a narrative of the proposed changes to the buffer strips, establishing a courtyard in lieu of three parking spaces, new plantings on the Hydraulic Road side and refurbishing the biofiltration basin. Townwood buffer: The fence within this buffer has aged and is in need of replacement. The Owners will replace the fence with a new six-foot high opaque fence made of pressure treated wood. The vertical post will be 4"x 4"posts placed eight feet on center and installed three feet six inches in the ground for stability. Infill between the posts will be 2' x 4" vertical studs placed four feet on center. The vertical members will be covered with 1" thick clear pressure treated pine(stained) attached horizontally with no gaps between the boards. The width of the boards will narrow as they ascend in height. The bottom boards will be 5 '/2", next 4 1/2"top boards 3 1/2". The fence will be capped with a 2"x 6"board sloped to the rear to shed water. The fence will follow the current fence alignment, with two sections offset an additional two feet. The two offsets will allow the existing tree to remain, will help strengthen the fence and create a visual break over the expanse of the parking area. We propose to clean up the existing tree planting by removing three compromised trees (dead, growing too close to one another and leaning over the fence and parking) as indicated on the plans. The relocation of the fence will allow for plantings on both sides: on the parking lot side a two foot wide groundcover planting of Carex Pennsylvanica will allow for parked car overhang. Two types of shrubs will be planted in an alternating pattern along the new fence . An evergreen row of six foot tall Viburnum Nudum `Winterthur'. The Vibernum planting will be mirrored in the two offset areas on the Townwood units side for additional screening of the fence and site from Townwood properties. *Pictures of existing fence and buffer line attached 4 Page 2 Garden Court buffer: The existing trees have been compromised by English ivy. All the trees exhibit a high branching pattern and do not provide sufficient screening between the two properties. This area is also overgrown with invasives including Japanese honeysuckle, privet and Rosa rugosa. The owners propose to cut remove the invasive understory of Japanese honeysuckle, privet and Rosa rugosa. Eight of the trees have been identified for removal and replacement in the planted buffer and will be replaced by an equivalent or greater number of trees, see planting plans. Two of the trees are cypress of three inch caliper that compromise the dumpster enclosure. There are three trees with snapped tops, including an invasive mimosa tree. Three trees conflict with the courtyard layout and will be replaced with five native serviceberry trees and a red maple in the courtyard. The entire buffer will be replanted with native species of understory trees, shrubs and perennials to create a more effective screening for Garden Court. The existing dumpster will remain with a new barrier fence to match the Townwood fencing provided to block its view. The Owners propose to install a courtyard in lieu of the three existing parking spaces at the Garden Court end of the parking area. A corner of this courtyard will extend into the buffer eight feet maintaining seven feet from the property line. The courtyard will have an eighteen inch concrete retaining seat wall with a wooden slats for permanent seating at the west end of the courtyard. Five Amelanchier Arborea(8' ht) will be planted on the Garden Court side of the seat for screening. The groundplane behind the seat wall will be planted with native shrubs and perennials. In the center of the courtyard will be an Acer Rubrum, planted at four inch caloper. It will also provide additional screening and shade for the courtyard. A wooden fence,matching the Townwood property fence, with gate will be installed on the North end to limit access to the utility side of the Owner's building. A wooden bench will be installed on the East side of the courtyard. The paving will be alternating areas (two each)of concrete pavers and bluestone. The pavers will be Hanover prestige pavers, tudor finish, Matrix 1025, pattern& size tbd. The Bluestone will be Blue/blue grade 2"thickness, tight fit 12"X 36"thermal finish. Both pavers and bluestone will be set over VDOT#21 A compacted base with sand setting bed.A portion of the southern perimeter will be planted with four foot tall Itea virginica to screen the courtyard from the parking and dumpster area. Loss of the three parking spaces for the courtyard fits within the guidelines of the required parking. Total usable square footage of the building is 6,686.69 square feet(80% = 5349.35; div 200=26.75 spaces). The property currently has 30 spaces. The Owner would like to eliminate 3 for a total of 27. *Pictures of existing Garden Court trees and future courtyard site attached Hydraulic Road border: The Owners propose to add a wooden fence and gate at the west end of the building to limit access to utility side(Garden Court side) of the building. They also propose removing the azaleas from the front of the building since they are not performing a Page 3 well and replacing them with a hedge of Itea Virginica; interspersing the existing Willow oaks with an understory planting of dogwoods, redbuds and serviceberries to reflect the native palette of the region; a secondary hedge of Viburnum Pregense (4' ht)on the Hydraulic Road side of the Willow oaks and a low 24"maximum tall planting of Rus Aromatica"gro-low" at the edge of the sidewalk. The existing lawn will be planted with spring flowering crocuses. *Pictures of existing Hydraulic Road site line attached Biofiltration Basin: The Owners propose to clean up the invasive and overgrown vegetation and remove an existing, self seeded four inch caliper hackberry in the biofiltration basin. The biofiltration filter will be interplanted with native moisture and drought tolerant shrubs and perennials. The proposal is to plant one additional Willow oak adjacent to the basin to continue the tree palette from the front of the building and add a hedge of Viburnum pregense (four foot height)in front of the basin to improve screening of the parking lot from Hydraulic Road>A hedge of Rhus aromatica"grow-low"at the sidewalk will integrate both sides of the entrance to the property,while allowing clear site lines for turning vehicles. *Pictures of existing Biofiltration basin attached Consistency With Comprehensive Plan This proposal has no apparent inconsistencies with the Comprehensive Plan goal or objectives. This site is within Neighborhood 1 of Places 29 and has a comprehensive plan designation of Urban Density Residential which supports offices and service uses. Impacts On Public Facilities and Public Infrastructure The proposal calls for the elimination of three parking spaces to create a small courtyard for employees and clients. Intent is to enhance the area next to the Garden Court structures and allow for a small exterior area for families to relax and be outside. We have attached calculations for the parking area based on interior square footage of the building. These calculations support the removal of the three space from 30 spaces to 27. The current exterior lighting will remain; no changes. A barrier fence will be installed to hide the dumpster. It will remain in its current location. Impacts on Environmental Features All environmental features will be enhanced through this proposed project. Existing trees and shrubs that have been inspected by arborists and deemed at risk will be treated and/or removed and replaced by healthy plants and trees. More shrubs and trees will be added to aid the visual concept of the site as well as screening for the neighbors. 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'ill.; Atit SY '4-1. iVia= } ",••li. 1 ♦ .4 A HYDRAULIC ROAD FRONTAGE litittkk 11.04 ` '. .. • � �.w 11 t �• —. - �. •s Itel?'- ® ^4 'j• I,41. :lib" _ • t,,.:,.... FMiILITr ' 1. a a ..,. ` 4. i . 0 i t .. %. . , P t ♦ •'' 44 ,,•i •teF ' -- .'• ./ . y _ ,-..4e*: • + • .. , ' 11 w -+.. .., ',Al i ` . « • . . ' I * • + • "pat ../.•q i ,,r � - t • .rte .. • ;, ,.3.• '.. a 9 ( • .* » ' • lir ; .#' ` .' .' nr., it- 4IP ? X" BIOFILTRATION BASIN July 10, 2016 Planned Parenthood 2964 Hydraulic Road Charlottesville, Virginia 22901 Project Representative: Michael Gallahue 434-960-2031 RE: Community Meeting, Planned Parenthood— Landscaping, fence replacement, addition of small courtyard We, Planned Parenthood, invite you to attend a Community Meeting on August , 2016 regarding our request to add landscaping, a small courtyard and replace existing fence that separates the parking lot from the Townwood houses. We would like to improve the landscape and the screening for the neighboring properties. We hope to remove invasive species from the biofiltration Basin in the front and along the boarders with both Townwood and Garden Court. We would like to restore the health of the existing trees,remove compromised trees as well as add native trees and shrubs to provide more screening for all. We will replace the existing fence bordering Townwood with a new wooden fence with plantings on both sides. We would also like to install a small courtyard at the rear of the building with more plantings and screening. No changes will be made to the exterior of the building. The purpose of the meeting is to provide an opportunity for residents to receive information and ask questions about the proposed project, County review.procedures, and relevant regulations and policies of the County applicable to the proposed project. The applicant and County Staff will be available at the meeting to answer questions about the project and the review process. The meeting will start(doors will open) at 6:00. The meeting will include a presentation at 6:30 followed by a question and answer period. The event will be held at Albemarle High School auditorium, 2775 Hydraulic Road on August , 2016. Look forward to seeing you there, Sincerely, Michael Gallahue Directions: Two blocks west to Albemarle High School; main entrance, signs will be posted Agenda: presentation at 6:30 Questions: 7:00 Drawings for proposed landscape etc will be on hand 0 • Square footage 2964 Hydraulic ! Calculations for Parking Spaces Room Sq. Ft. First Floor Second Floor Education 224 Procedure#1 293 Development 211 Procedure#2 290 Shared Conference 153 AB Lab 46.5 1 Storage/future office 124 Scrub 60 Lunch Room 194 Exam (ultra) 102 Lobby 49.5 Elevator Lobby 121 hall _ 135.25 Waiting 1561 closets _ 72.21 Exam/counsel 128 Nurse 97 i Counsel/office 2 1061 Pharmacy 87.4 Closet 151 Charts 98.34 Corridor 450 Hall 49.5 Closet 29 _ Check in 263 Doctor 147 Payment window 35 Lab 811 Hall &Corridor 378 Toilet 68 ADA tit 501 Recovery 400 Lab 58I Existing TLT 85 Exam/counsel 89 Existing TLT 85 _ Exam/counsel _ 8 Waiting 430 Library/Entry 202 Entry 165 Existing Tit _ 851 Existing TIt 85 1 File under Stairs 60 Elevator 107 Elevator Lobby 107 Elevator mechanical room 38 Stairs 76,Stairs 212 Total First floor 3705.19'Total second Floor 2981.5 Total square footage 6686.69 i 80 %of square footage 5349.352r— Divided 349.352rDivided by 200 26.74676 I i N44, /1414101 '%mille Page 1 of 5 VIRGINIA LAND RECORD COVER SHEET 0 9 5 4 4 FORM A-COVER SHEET CONTENT Instrument Date: 1/1/2015 Instrument Type: DC-PL Number of Parcels: 1 Number of Pages: 4 1IIIIIIII�IIIIIIIIIIIIII�IIIIIIII�I�III�IIIII [ ]City[X]County IbIIMill ALBEMARLE Doc ID: 033182430005 Type: DEE Recorded: 08/25/2015 at 02:48:30 PM TAX EXEMPT? VIRGINIA/FEDERAL.LAW FeeeAFee mtle$22.00yPape 1 of 5 , VA [ )Grantor: 58.1-810(1) Debra M. Shipp Ciruit Clerk ()C]Grantee: 58.1-810(1) Filets 2015-00009544 Consideration: $0.00 BK4666 PG 1-5 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER§58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: Original Page Number: Original Instrument Number: Prior Recording At: [ ]City[ I County Percentage In This Jurisdiction: BUSINESS/NAME 1 [)Q Grantor: PLANNED PARENTHOOD SOUTH ATLANTIC 2 [X]Grantor: PLANNED PARENTHOOD OF THE BLUE RIDGE, INC. 1 [X]Grantee: PLANNED PARENTHOOD SOUTH ATLANTIC [ ]Grantee: GRANTEE ADDRESS Name: PLANNED PARENTHOOD SOUTH ATLANTIC Address: 100 SOUTH BOYLAN AVENUE City: RALEIGH State: NC Zip Code: 27603 Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): Tax Map Number: Short Property Description: Current Property Address City: State: Zip Code: Instrument Prepared By: MCGUIREWOODS LLP Recording Paid By: MCGUIREWOODS LLP Recording Returned To: LOIS E. SISK Address: MCGUIREWOODS LLP 800 EAST CANAL STREET City: RICHMOND State: VA Zip Code: 23219 II ' / A, S4 1 II ', LPI � #1. r J' 1 '' I I I 116 ii 1 a i' } �� L, ' I I 1 FORM CC-1570 Rev:7/15 Page 1 of 1 Cover Sheet A §§ 17.1-223, 17.1-227.1,17.1-249 Copyright©2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved. Book: 4666 Page: 1 FileNumber: 2015-00009544 Seq: 1 Page 2 of 5 THIS DOCUMENT PREPARED BY AND AlbemarleCo.,VA WHEN RECORDED RETURN TO: Meredith Green McGuireWoods LLP 800 East Canal Street Richmond,Virginia 23219 GPIN: 06100-00-00-013A0 DEED OF CONFIRMATION This Deed of Confirmation is dated as of January 1, 2015, between PLANNED PARENTHOOD SOUTH ATLANTIC, a North Carolina nonprofit corporation authorized to do business in the Commonwealth of Virginia, successor by merger to PLANNED PARENTHOOD OF THE BLUE RIDGE, INC., a Virginia corporation (to be indexed as Grantor); and PLANNED PARENTHOOD SOUTH ATLANTIC, a North Carolina nonprofit corporation (to be indexed as Grantee) and is exempt from recordation tax pursuant to Va. Code §58.1-810(1), §58.1-811(A)(8) and §58.1-811(C). RECITALS A. Planned Parenthood of the Blue Ridge, Inc. is the record owner of the property described on Exhibit A attached hereto (the"Property"). B. Pursuant to Articles of Merger dated June 15, 2007, filed June 19, 2007 with the Virginia State Corporation Commission, Planned Parenthood of the Blue Ridge, Inc. was merged with and into Planned Parenthood Health Systems, Inc., a North Carolina corporation, the surviving entity. C. As set forth in an Application for an Amended Certificate of Authority to Transact Business in Virginia filed with the Virginia State Corporation Commission on February Book: 4666 Page: 1 FileNumber: 2015-00009544 Seq: 2 Page 3 of 5 11, 2015,Planned Parenthood Health Systems, Inc. changed its name to Planned Parenthood South Atlantic. C. The purpose of this Deed of Confirmation is to now confirm that title to the Property is currently vested in Planned Parenthood South Atlantic, as a result of the aforementioned transactions. WITNES SETH: NOW, THEREFORE, in confirmation of the aforesaid merger and name change, PLANNED PARENTHOOD SOUTH ATLANTIC, a North Carolina corporation, successor by merger to PLANNED PARENTHOOD OF THE BLUE RIDGE, INC., a Virginia corporation, hereby confirms that via operation of law title to the Property is hereby vested in PLANNED PARENTHOOD SOUTH ATLANTIC. THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK SIGNATURE FOLLOWS ON THE NEXT PAGE 2 Book: 4666 Page: 1 FileNumber: 2015-00009544 Seq: 3 sflaa001 Sid Page 4 of 5 WITNESS the following signature. PLANNED PARENTHOOD SOUTH ATLANTIC, a North Carolina nonprofit corporation, successor by merger to Planned Parenthood of the Blue Ridge, Inc.,a Virginia corporation By: Opp -gbh.'P,totN , J ifs.,$ack, President ' SRIF 6.46//C--I/)ctacy OF 1 .46/, `p 2p19. CITY/COUNTY OF 6r a1 : opUe\-\GC"` ,Y The foregoing instrument was acknowledged before ome this a day of Tvi g g g 2015, by Jennifer Black, President of Planned Parenthood South Atlantic, a North-Carolina nonprofit corporation, on behalf of the corporation. My commission expires: 7-07— 0161/ / %/ Notary Publi f Grantee's Address is: 100 South Boylan Avenue Raleigh,NC 27603 3 Book: 4666 Page: 1 FileNumber: 2015-00009544 Seq: 4 Page 5 of 5 EXHIBIT A PROPERTY ALL that certain lot,piece or parcel of land with improvements thereon and appurtenances thereunto belonging,fronting on State Route 743,lying and being in Charlottesville Magisterial District,Albemarle County,Virginia,consisting of.6756 acres,more or less,as shown on plat of Gary M.Whelan,Land Surveyor,dated October 12, 1998,recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 1798,page 86. BEING the same property conveyed to Planned Parenthood of the Blue Ridge,Inc.,a Virginia corporation by deed dated August 6,2003, from Roslyn Ridge Office,LLC,a Virginia limited liability company,recorded in the aforesaid Clerk's Office on August 7,2013 in Deed Book 2550, page 215. 65694217 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON AUGU ,2015 at 2:46:30 PM AS -•• r BY VA CODE §58.1-802 1.00 LOCAL:$0.00 - .ARLES COUNTY,VA DC 4 Book: 4666 Page: 1 FileNumber: 2015-00009544 Seq: 5 L /4111s00' 'IS Page 1 of 2 Instrument Control Number 002315 Commonwealth of Virginia Land Record Instruments Cover Sheet- Form A 1IIff1I1!!II11NN0 H ll1++IIft11tt 11ttl!pp IINii II(( 11[[ 1 Doc ID: 005280110002 Type: DEE Recorded: 03/04/2010 at 01:55:01 P11 (ILS Cover Sheet Agent Online 1.1.6] Fee Amt: $31.00 Pape 1 of 2 Albemarle County VA Debra M. Shipp Clerk 7 C Date of Instrument [03/02/2010 Filets 2010-00002315 BK3856Pa147-148 A 0 instrument Type [CS X R P Number of Parcels [ 1 ] E X Number of Pages [0 ] (Box for Deed Stamp Only) E :111 � city 0 County® [Albemarle County ] P LL _ First and Second Grantors I Last Name I First Name I Middle Name 1 Suffix J D❑ Giles Mark T. [TR DO( [D.Miller,Jr. [J. ] [TR I First and Second Grantees l Last Name 1 First Name I Middle Name I Suffix 1 E I Planned Parenthood of the Blue Ridge, Inc. 01:11 ] [ I i I [ Granee Address (Name) Planned Parenthood f he Blue Ridge, Inc. (Address 1) 2964 Hydraulic Road (Address 2) (City,State,Zip) [Charlottesville ] [VA j [22901 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 } Prior Instr.Recorded at:City 0 county® [Albemarle County percent.in this Juris.(%)[ 100 ] Book[2550 ]Page[218 ]Instr.No[ 19655 ] Parcel Identification No(PIN) 06100-00-00-013A0 ] Tax Map Num.(If different than PIN) 06100-00-00-013A0 ] Short Property Description 0.6756 acres on State Route 743 Current Property Addr(Address 1) [2964 Hydraulic Road j (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA ] [22901 ] Instrument Prepared by Virginia National Bank Recording Paid for by Virginia National Bank Return Recording to(Name) Virginia National Bank (Address 1) P 0 Box 2853 } (Address 2) ] (City,State,zip) [Charlottesville I [ ] [ A[ ]I 22902 1 Customer Case ID . , :i!, ' ..e.Z 1 1 it.i.IP:' . If . 17. d,kP't' .4:111i .co , ' 1 .,ill 11. ' iii•', , f ,,/AI I .ii.1$46 t I k 1:,' I 1. il ' 4.. Cover Sheet Page#1 of 1 ii,1 f la'Tj%4. t %41' Li . i 1 ti t I. J. Book: 3856 Page: 147 FileNumber: 2010-00002315 Seq: 1 Page 2 of 2 Prepared by and return to:Virginia National Bank Tax Map 06100-00-00-013A0 P.0,Box 2853,Charlottesville,VA 22902 CERTIFICATE OF SATISFACTION Place of Record: Clerk's Office of the Circuit Court of the County of Albemarle, Virginia Date of Deed of Trust: August 7,2003 Deed Book 2550, Page 218 Name(s)of Grantor(s): Planned Parenthood of the Blue Ridge,Inc Names of Trustees: Mark T. Giles and J. D. Miller,Jr. Brief Description of Property: 2964 Hydraulic Road Makers of Note: Planned Parenthood of the Blue Ridge,Inc Date of Note(s): August 7,2003 Face Amount Secured: $940,000.00 I/We,holder(s)of the above-mentioned note secured by the above-mentioned deed of trust, do hereby certify that the same has been paid in full and the lien therein created and retained is hereby released. n GIVEN UNDER MY/OUR HAND(S)THIS ' DAY OF MARCH, 2010. VIRGINIA N' ',NAL BANK BANK BY GC // . f ` S Title: o„n Operations Manager STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, to-wit: Subscribed,sworn to and acknowledged before me this o�„d day of March,2010,by Robin Elliott, Loan Operations Manager on behalf of Virgi 'a National Bank. ,A TSS NOTARY PUBLIC 1 f,/Ii-‘r- '.i:' GIS L.IP My commission expires: 1 J 31 ) .40 I I NOTARY DUSI_IC CornmonweA,)...)f Virginia RECORDED IN CLERKS OFFICE OF RU ;i10115 I ALBEMARLE COUNTY ON __ _�.._.__._ _._....... _.._ March 04,2010 AT 1:56:01 PM $0.00 GRANTOR TAX PD AS REQUIRED BY VA COD -58.1-802 STATE:$0.00 LOC. '.00 iit 6 MARLS CO A /`� AM.SHAL K [7G Book: 3856 Page: 147 FileNumber: 2010-00002315 Seq: 2 4 Page 1of3 019654 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.86) 111111I1 IliiI1-1 N1flllNlll1111111h1111f<IllllilUlIIIININ�l111 74230003 Type: DEE Recorded: 08Doc ID: /07/2003 at 03:48:36 PM 7 Date of Instrument: [8/6/03 C Fee Amt: $2,925.00 Page 3 of 3 ] SHELBY MARSHALL,CLERK CIRCUIT CT. Shelby Marshall Clerk Circuit Court A 0 Instrument Type: [DBS ] Filek 2003-00019654 E PBK 2550 PG215-217 Number of Parcels [ 1 ] X Number of Pages [ 2] M City ❑County® [Albemarle County ] (Box for Deed Stamp Only) P First and Second Grantors I — Last Name i First Name I Middle Name or Initial I Suffix [ROSLYN RIDGE OFFIC][ I[ I[ ] D o [ II ][ ][ l First and Second Grantees Last Name l First Name I Middle Name or initial I Suffix ❑ ® [PLANNED PARENTH ][ ][ ][ ] 0 ❑ [ l[ ][ l[ l Grantee Address (Name) [Planned Parenthood of the Blue Ridge Inc l (Address 1) [2207 Peters Creek Road ] (Address 2) [ l (City,State,Zip) [Roanoke ] [VA] [24017 ] Consideration[965,000.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County❑ [ ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr.No [ l Parcel identification No(PIN) [06100-00-00-013A0 l Tax Map Num. (if different than PIN) [same ] Short Property Description [0.6756 acre on State Route 743 ] [ ] Current Property Address (Address 1) [2964 Hydraulic Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA ][22901 ] Instrument Prepared by [Ralph E. Main ] Recording Paid for by [McCallum&Kudravetz PC ] Return Recording to (Name) [McCallum&Kudravetz PC ] (Address 1) [250 E High Street ] (Address 2) [ ] (City,State,21p) [Charlottesville ][VA][22902 ] Customer Case ID [12164.8100 l 1 [ r I[ ] it qr i-I `ik} j ly. 1 4 } }1 1 :r, t_ Cover Sheet Page#1 of 1 , ,: ',r I t 4. Book: 2550 Page: 215 FileNumber: 2003-00019654 Seq: 1 Page 2 of 3 019654 Prepared By Ralph E. Main , Jr. , Attorney at Law Tax Map Parcel 61-13A TI•IIS DEED, made and entered into this 6th day of August , 2003, by and between ROSLYN RIDGE OFFICE, LLC, a Virginia limited liability company, Grantor , and PLANNED PARENTHOOD OF THE BLUE RIDGE, INC . , a Virginia corporation , Grantee, the address of which is 2207 Peters Creek Road, N.W. , Roanoke, Virginia 24017, WITNESSETH : That for and in consideration of the sum of $965,000.00 cash in hand paid, the receipt of which is hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Grantee the following described property, to-wit : All that certain parcel or tract of land, with improvements thereon and appurtenances thereto, situated in Albemarle County , Virginia, fronting on State Route 743, containing 0.6756 acre , more or less, as shown on a plat by Gary M. Whelan, Land Surveyor , dated October 12 , 1998 , and recorded in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1798 at Page 88 , and being the same property which was conveyed unto Grantor herein by deed of James A . Morris dated January 9 , 2001 and recorded in the aforesaid Clerk' s Offie in Deed Book 1984 at Page 286. This conveyance is made expressly subject to all easements, restrictions, reservations and condiditons contained -1- Book: 2550 Page: 215 FileNumber: 2003-00019654 Seq: 2 Orr/ '`ri Page 3 of 3 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 otherwise have not expired by a time limitation contained therein or otherwise have not become ineffective . Grantor has caused this deed to be executed and delivered on its behalf by Lane Bonner and Ivo H. Romenesko, its Managers and duly authorized agents . WITNESS the following signatures and seals: ROSLYN RIDGE 0 FICE, LLC BY L~S ��'�-'�� (SEAL) ane Bonner Manage r1/, #SEALI row .. Romen sko Manager STATE OF VIRGINIA AT LARGE COUNTY OF ALBEMARLE, to-wit : The foregoing instrum„e.• was acknowledged before me this ` day of August,r'` 2003 by ane Bonner and Ivo H. Romenesko , Managers, on (behalf of kos yn Ridge Office, LC. My Commission Expires: f_L 6(4>-1 jIIIPPIIPIIIIw Nota y Public RECORDED IN CLERKS OFFICE OF ALBEMARLE ON August 07,2003 AT 3:48:36 PM $965.00 GRANTOR TAX PD -2- AS REQUIRED BY VA CODE 158.1-802 STATE:$482.50 LOCAL:$482.50 SHELBY MARSHALL,CLERK CIRCUIT CT. t..2 ` DC Book: 2550 Page: 215 FileNumber: 2003-00019654 Seq: 3 titarti Semi Page 1 of 2 instrument Control Number ()02315 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A 1111111111111111111111111111111111111111111111 Doc ID: 005280110002 Type: DEE Recorded: 03/04/2010 at 01:56:01 PM Fee Amt: $31.00 Pape 1 of 2 (ILS Cover Sheet Agent Online 1.1.6) Albemarle County VA Debra M. Shipp Clerk File# 2010-00002315 7 C Date of Instrument [03/02/2010 ] BK 3 8 5 6 col4 7-14 8 A 0 Instrument Type [CS J X R P Number of Parcels [ 1 ] E X Number of Pages [0 ] E (Box for Deed Stamp Only) M City 0 County® [Albemarle County ] P I„_ First and Second Grantors Lass Name I First Name I Middle Name I Suffix D❑[Giles ] [Mark j [T. ] [TR ] OD(Miller,Jr. ] [J. [D. ] [TR ] First and Second Grantees I Last Name T First Name I Middle Name I Suffix R D®[Planned Parenthood of the Blue Ridge, Inc. DO! ] [ ] [ 1 I Grantee Address (Name) [Planned Parenthood of the Blue Ridge, Inc. (Address 1) ([2964 Hydraulic Road (Address 2) (City,state,zip) [Charlottesville ] [VA ] [22901 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr.Recorded at:City 0 County® [Albemarle County percent.in this Juris.(%)[ 100 ] Book[2550 ]Pagel 218 ]Instr.No[ 19655 ] Parcel Identification No(PIN) [06100-00-00-013A0 ] Tax Map Num.(If different than PIN) ([06100-00-00-013A0 ] Short Property Description 0,6756 acres on State Route 743 ] Current Property Addr(Address 1) [2964 Hydraulic Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA ] [22901 ] Instrument Prepared by Virginia National Bank Recording Paid for by Virginia National Bank Return Recording to(Name) Virginia National Bank (Address 1) [P 0 Box 2853 ] (Address 2) ] (City,State,Zip) [Charlottesville ] [ ] [l A[ ] [22902 ] Customer Case ID . . i i '1...;I: till.. . 1 .7.C itr'P..: l'iiiir%4 144 ki "i r el 7 :, L4' ' 1 G{r L i i ki;,. Cover Sheet Page#1 of 1 , ti i ' 114 :4 ' 1 „el..lk. .4 IIII 19 'f Ij�* '° , i�r 1 %I' I r �r il Book: 3866 Page: 147 FileNumber: 2010-00002315 Seq: 1 NtieW Ned Page 2 of 2 Prepared by and return to:Virginia National Bank Tax Map 06100-00-00-013A0 P,0,Box 2853,Charlottesville,VA 22902 CERTIFICATE OF SATISFACTION Place of Record: Clerk's Office of the Circuit Court of the County of Albemarle, Virginia Date of Deed of Trust: August 7,2003 Deed Book 2550, Page 218 Name(s)of Grantor(s): Planned Parenthood of the Blue Ridge,Inc Names of Trustees: Mark T. Giles and J. D. Miller,Jr. Brief Description of Property: 2964 Hydraulic Road Makers of Note: Planned Parenthood of the Blue Ridge,Inc Date of Note(s): August 7,2003 Face Amount Secured: $ 940,000.00 I/We,holder(s)of the above-mentioned note secured by the above-mentioned deed of trust, do hereby certify that the same has been paid in full and the lien therein created and retained is hereby released. n GIVEN UNDER MY/OUR HAND(S)THIS a _DAY OF MARCH,2010. VIRGINIA N' •NAL BANK BYG '�) 1 d Title: o,n Operations Manager STATE OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: of Subscribed,sworn to and acknowledged before me this °2 —day of March,2010,by Robin Elliott, Loan Operations Manager on behalf of Virgi 'a National Bank. \0_, ,A 76)(Cl* NOTARY PUBLIC I M;:\r-:r"; '.1: WS..(UP My commission expires: 1 ) 31 1 .)O I I NOTARY f''USLIC Cornmonwea1;;1 of Virginia RECORDED IN CLERKS OFFICE OF REG.;1101151 1 ALBEMARLE COUNTY ON _ _�....__. _.-. .... ... March 04,2010 AT 1:56:01 PM $0.00 GRANTOR TAX PD AS REQUIRED BY VA COD ;58.1-802 STATE:$0.00 LOC- s.00 x/46 MARLS CO A -A M.SHIM. -RK DG Book: 3856 Page: 147 FileNumber: 2010-00002315 Seq: 2 Page 1 of 9 instrument Control Number n.1 n C 5 5 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] I1INII IU1111111i IIUUIII11I Ul UI 11111111111111111111111111111111111 Doc ID: 000474240009 Type: DEE Recorded: 08/07/2003 at 03:49:34 PM _ _ Fee Amt: $1,899.00 Pape 1 of 9 T C Date of instrument: [8/7/03 ] SHELBY MARSHALL,CLERK CIRCUIT CT. Shelby Marshall Clerk Circuit Court AA 0 R Instrument Type: [DOT ] FtleS 2003-00019655 P BK 2 5 5 0 PG218-2 2 6 Number of Parcels [ ,] E X Number of Pages [ 8] M City ❑County x❑ [Albemarle County ] (Box for Deed Stamp Only) p First and Second Grantors = Last Name I First Name I Middle Name or Initial I Suffix 1. [PLANNED PARENTH ][ ][ ][ ] [ I ][ l ] First and Second Grantees Last Name I First Name I Middle Name or initial I Suffix ❑ ❑ [GILES TR ][MARK ][T ][ ] ❑ ❑ [MILLER TR I[J ][D ][JR ] Grantee Address (Name) [Virginia National Bank ] (Address 1) [222 East Main Street ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA] [22902 ] Consideration[940,000.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr.Recorded at:City ❑ County❑ [ ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel identification No(PIN) [06100-00-00-013A0 ] Tax Map Num. (If different than PIN) [same ] Short Property Description [0.6756 acre on State Route 743 ] [ ] Current Property Address (Address 1) [2964 Hydraulic Road ] (Address 2) [ ] (City,State,zip) [Charlottesville ][VA ][22901 ] instrument Prepared by [McCallum&Kudravetz PC ] Recording Paid for by [McCallum&Kudravetz PC ] Return Recording to (Name) [McCallum&Kudravetz PC ] (Address 1) [250 E High Street ] (Address 2) [ ] (City,State,Zip) (Charlottesville ][VA][22902 ] Customer Case ID [12164.8100 ] [ ][ ] 111 Cover Sheet Page#1 of 2 gm. 11111: , ..,.. +;},1 Y Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 1 Page 2 of 9 ;0 19 6 5 5 RECORDATION REQUESTED BY: Virginia National Bank 29 North Office 1580 Seminole Trail Charlottesville, VA 22901 WHEN RECORDED MAIL TO: Virginia National Bank 29 North Office 1580 Seminole Trail Charlottesville, VA 22901 SEND TAX NOTICES TO: Virginia National Bank 29 North Office 1580 Seminole Trail Charlottesville, VA 22901 Tax Map Reference No(s): 06100-00-00-013A0 FOR RECORDER'S USE ONLY This Deed of Trust prepared by: 29 North Office of, Virginia National Bank DEED OF TRUST THIS IS A CREDIT LINE DEED OF TRUST Maximum aggregate amount of principal to be secured hereby at any one time: $940,000.00 Name and address of Noteholder secured hereby: Virginia National Bank 29 North Office 1580 Seminole Trail Charlottesville, VA 22901 THIS DEED OF TRUST is dated August 7, 2003, among Planned Parenthood of the Blue Ridge, Inc., whose address is 2207 Peters Creek Road, N.W., Roanoke, VA 24017 ("Grantor"); Virginia National Bank, whose address is 29 North Office, 1580 Seminole Trail, Charlottesville, VA 22901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and MARK T. GILES, a resident of Virginia, whose address is P.O. Box 2853, Charlottesville, VA 22902 and J.D. MILLER, JR., a resident of Virginia, whose address is P.O. Box 2853, Charlottesville, VA 22902 ("Grantee," also referred to below as "Trustee"), either of whom may act. CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys, transfers, encumbers and pledges and assigns to Trustee for the benefit of Lender as Beneficiary, all of Grantor's present and future right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; and all rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Albemarle County, Commonwealth of Virginia: See Schedule A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 2964 Hydraulic Road, Charlottesville, VA 22901. The Real Property Tax Map Reference Nola) is/are 06100-00-00-013A0 CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Grantor may be liable individually or jointly with others, whether Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 2 • '" `d01 Sod Page 3 of 9 DEED OF TRUST (Continued) Page 2 obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the amounts specified in the Note, this Deed of Trust also secures future advances. Grantor presently, absolutely, and irrevocably assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) acting as Lender's agent, collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Virginia law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 3 Page 4 of 9 DEED OF TRUST (Continued) Page 3 Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may require. Policies shall be written in form, amounts, coverages and basis acceptable to Lender and issued by a company or companies acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least fifteen (15) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants generally that: (a) Grantor holds good and marketable title to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Default. Grantor fails to comply with any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 4 — '441✓ Page 5 of 9 DEED OF TRUST (Continued) Page 4 surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Grantor fail to comply with any of Grantor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. This right is in addition to all other rights given to holders of promissory notes under Title 55 of the Code of Virginia. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Grantor expressly waives and releases any requirement or obligation that Lender or Trustee present evidence or otherwise proceed before any court or other judicial or quasi-judicial body as a precondition to or otherwise incident to the exercise of the powers of sale authorized by this Deed of Trust. The proceeds of sale shall be applied by Trustee as follows: (a) first, to pay all proper advertising expenses, auctioneer's allowance, the expenses, if any, required to correct any irregularity in the title, premium for Trustee's bond, auditor's fee, attorneys' fees, and all other expenses of sale Incurred in or about the protection and execution of this Deed of Trust, and all moneys advanced for taxes, assessments, insurance, and with interest thereon at the rate provided in the Note, and all taxes and assessments due upon the Property at time of sale, and to retain as compensation a reasonable Trustee's commission; (b) second, to pay the whole amount then remaining unpaid on the Indebtedness; (c) third, to pay liens of record against the Property according to their priority of lien and to the extent that funds remaining in Trustee's hands are available; and (d) last, to pay the remainder of the proceeds, if any, to Grantor, Grantor's heirs, personal representatives, successors or assigns upon the delivery and surrender to the purchaser of possession of the Property, less costs and expenses of obtaining possession. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, a reasonable Trustee's commission and reasonable attorney fees incurred by the Trustee in performing its duties under the Deed of Trust, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee (and each of them if more than one) shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 5 . . 4.d r,,.e/ Page 6 of 9 DEED OF TRUST (Continued) Page 5 subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Successor Trustee. Lender, at Lender's option, at any time hereafter and without prior notice and without specifying any reason, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office in the jurisdiction where this Deed of Trust has been recorded. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee and the county, city or town in which he or she resides, and the instrument shall be executed and acknowledged by Lender or its successors in Interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the applicable courts for the City of Charlottesville, Commonwealth of Virginia. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the Commonwealth of Virginia as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Virginia National Bank, and its successors and assigns. Borrower. The word "Borrower" means Planned Parenthood of the Blue Ridge, Inc. and includes all co-signers and co-makers signing the Note. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust In the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Planned Parenthood of the Blue Ridge, Inc.. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 6 Page 7 of 9 DEED OF TRUST (Continued) Page 6 Lender. The word "Lender" means Virginia National Bank, its successors and assigns. Note. The word "Note" means the promissory note dated August 7, 2003, in the original principal amount of $940,000.00 from Grantor to Lender, together with all modifications of and renewals, replacements, and substitutions for the promissory note or agreement. The maturity date of the Note is August 7, 2029. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Mark T. Giles, whose address is P.O. Box 2853, Charlottesville, VA 22902 and J.D. Miller, Jr., whose address is P.O. Box 2853, Charlottesville, VA 22902 and any substitute or successor trustees. If more than one person is named as trustee, the word "Trustee" means each such person. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. THIS DEED OF TRUST IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DEED OF TRUST IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: PLANNED PARENTHO• IP OF 9. BLUE RIDGE, INC. By .�.. =al) David L. Nova, President & CEO of Planned Parenthood of the Blue Ridge, Inc. Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 7 4 Page 8 of 9 DEED OF TRUST (Continued) Page 7 CORPORATE ACKNOWLEDGMENT STATE OF (l)(..CPV. + i SS eeuritric OF �i�t.tr‘,•( (LC_ On this { day of , 20 63 , before me, the undersigned Notary Public, personally appeared avid L. Nova, President & CEO of Planned Parenthood of the Blue Ridge, Inc. , and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust an• in fact e uted the Deed of Trust on behalf of the corporation. A-a gy ,'fP�_- � Residing at 7 Notary Public in and for U, My commission expires 41 f)!v. LASER PRO L.ndOO.V. 12200.00.3 Cam.Wand Fnrwl,l Solurbns.Ina.1997,2001. All Ri2hu R.. ,.d. -VA 111CFRLFUG01.FC TA.2284 FR-EI Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 8 '4%110e Nwif Page 9 of 9 Schedule A to Deed of Trust dated August 7, 2003 from Planned Parenthood of the Blue Ridge, Inc . , Grantor, to Mark T. Giles and J. D. Miller, Jr. , Trustees, for Virginia National Bank, Lender Property Description All that certain parcel or tract of land, with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, fronting on State Route 743, containing 0 .6756 acre, more or less, as shown and described on a plat by Gary M. Whelan, Land Surveyor, dated October 12, 1998, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1798, page 88; BEING the same property in all respects conveyed to the Grantor herein by deed from Roslyn Ridge Office, LLC, a Virginia limited liability company, dated August 6, 2003 , and recorded in said Clerk's Office immediately prior hereto. K:\UDATA\CAC\WPDATA\RGR\8100-pd-Alb.doc 8/7/03 9:51 AM RECORDED IN CLERKS OFFICE OF ALBEMARLE ON August 07,2003 AT 3:49:34 PM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE§5B.1-802 STATE:$0.00 LOCAL:$0.00 SHELBY MARSHALI:,CLERK CIRCUIT CT. 7/71-% DC Book: 2550 Page: 218 FileNumber: 2003-00019655 Seq: 9 ., Pat*e of 4 '- . S. • A • 13K1798PG0086 003883 PREPARED BY: JAMS B. TREAXLE, JR. 700 B. High Street Charlottesville, Virginia (804) 979-9000 THIS DEED, made this 26" day of February, 1999, by and between RQGERS TNVESTMBNTS. L.L.C., Grantor, and JAMES A. MORRIS, Grantee, whose address for tax purposes is P. 0. Box 4002, Charlottesville, Virginia, 22903. WITNESSETH : • THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto James A. Morris, in fee simple absolute, the following described property, to-wit: All that certain tract or parcel of land, with improvements thereto including but not limited to all equipment and fixtures and underground storage tanks, fronting on State Route 743, in the Charlottesville magisterial District of Albemarle County, Virginia, consisting of .6756 acre, more or less, as shown on plat of Gary M. Whelan, Land Surveyor, dated (tuber 12, 1998, attached hereto and made a part hereof, BEING the same property in all respects as was conveyed to Rogers Investments, L.L.C. by deed of Tiger Fuel Company dated November 18, 1998, of record in the said Clerk's Office in Deed Book 1769, page 638. *to Exhibit A. This conveyance represents the distribution of assets from a limited liability company to a grantee who is entitled to receive not less that fifty percent of the profits and surplus of such limited liability company and is therefore exempt from taxation pursuant to §58.1-811A(11) Code of Virginia (1950) as amended. By DEFERRED PURCHASE MONEY DEED OF TRUST, dated December 10, 1998, of record in said Clerk's Office in Deed Book 1769, page 641, 1 Book: 1798 Page: 86 FileNumber:1999-00003883 Seq:1 PapY' ------- r� •. i3 of 4 '� • • Sr, i BK 1798P60087 ROGERS INVESTMENTS L.L.C. conveyed the subject property to Cheri A. Lewis, Trustee, and James E. Treakle, Jr., Trustee, to secure the obligations of a DEFERRED PURCHASE MONEY REAL ESTATE NOTE in the principal sum of $45,000.00, payable to TIGER FUEL COMPANY, a Virginia corporation. As a portion of the consideration for this transfer, as evidenced by his recordation of this deed, James A. Morris hereby assumes all outstanding obligations of Rogers Investments, L.L.C. and accepts the subject property subject to any and all liens thereon, including but not limited to said DEFERRED PURCHASE MONEY DEED OF TRUST. WITNESS the following signature and seal of a duly authorized Manager of the Grantor limited liability company: ROGERS INVESTMENTS, L.L.C. By: ames A. Morris, Manager STATE OF VIRGINIA, AT-LARGE CITY OF CHARLOTTESVILLE, to-wi : • This 322._ day of Faavy, 1999, personally appeared before me one James A. Morris, Manager of Rogers Investments, L.L.C., who did acknowledge his signature to the foregoing deed. NoPUb c ry My commission Expires: 2 Book: 1798 Page: 86 FileNumber:1999-00003883 Seq:2 1IIimilmom` iir.,.... — r, • Pimp 3`of♦ • • BK 1794Psus wow 6 9$1.8T �W1�J�1�y ( R111gIo1oRS A�M>�R4 PW4 NO es so k�.WA NM 9151 A`MIOPERIT UES,JUIDIN WD ROM UWE TARE Eas, Mp 44i: 174.64 y5.mac OM On IC r IIRING MOM MC STM INUNGSOIN10[Akron.num OR TN143 Ns t110NN IMT WM 0, ,,- , .0. 114) in 4 4'11 s `' `,, +1 rare • fat c.- tky • O a me® 0M Sr; 5.-- 5100. O .__• gyp, T.M. 61 PAR 13A ^+.,_ °r 0.6736 AC. f ® •—••- _ipr DA.7415 P.MO i ma P.R.414 P.QN `. „..,d•-••-•„..,d•-••-• M 152 P.327(MT) + .`../.. ` 0 - O N / P //Q3 ® Qs o O. r` 4d /-1,V.---IDI.:' , 7 ,•�-- kr /O. / 3 --- v LO PLAT SHOWING PHYSICAL SURVEY 1 PARCEL 13A ON TAX MAP 61 ALBEMARLE COUNTY. VIRGINIA SCALE: 1” = SO' OCTOBER 12, 1998 •fa 0 25 50 loo �f im. Imo. mom CAorlot4 /brink SCALE IN FEET 14442 0-NW 00 . T8S9=000®3883 Seq:3 t0 mild W1311 N 9 0109521410 LE:Of 866f/22/01 ri.1111.1I Pa+4'.of 4 •• IV' ' •,s 1 . • (III). • - - '• )- . •• • lt- • . • • • BK 1798PG0089 i , ....._ VIRGINIA: IN DIE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: 1 THIS DEED WAS PRESENTED, AM)WM CERTIFICATE ANNEXED,IS ADMITTED : TO RECORD ON 799AM//7 .199'7 Aaoi O'CLOCK /M. 'i , STATE TAX $ (039) \, LOCAL TAX 9 (213) TRANSFER FEE 9 1.00 (212) I.T.T.F. $ 3.00 (I06) 1 VSLF 9 I.00 (145) CLERK'S FEE 9-7 •00 (301) 1 PLAT 9 1SECT.58.1-802: STATE TAX $ (038) TOTE: SHELBY 3.MARMIALL,CLERK LOCAL TAX $ (220) LOCAL TAX 9 (223) BY: 61ii•314.41114% • CLERK TOTAL 9 / 7. oo 1 i 1 • 1 1 1 , • „ \ \ A \ . ‘ , A 1 ' Book: 1798 Page: 86 FileNumber:1999-00003883 Seq:4 \ ..._ _... .. _ ......_ SPECIAL UPERMIT CHECKLT CPP Planned Parenthood—Mandatory Pre-application TMP 06100-00-00-013A0 After the mandatory pre-application meeting, county staff will mark this checklist appropriately so that it is clear to the applicant the information from Section 33.4(c)that must be submitted with the official application Required for Provided with application? application (County Staff) (Applicant) SECTION 33.4(c) X X YES NO X A narrative of the project proposal, including its public need or benefit; X A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; X A narrative of the proposed project's impacts on public facilities and public infrastructure. X A narrative of the proposed project's impacts on environmental features. X A narrative of the CONDITIONS proposed to address impacts from the proposed project. X One or more maps showing the proposed project's regional context and existing Xnatural and manmade physical conditions; X A conceptual plan showing, as applicable: Submit the minor amendment as the concept plan for the SP. X 1)the street network,including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; Show traffic circulation on site for the use. X 2)typical cross-sections to show proportions, scale and streetscape/cross- 5c sections/circulation; X 3)the general location of pedestrian and bicycle facilities; (n/a) X 4) building envelopes X 5)parking envelopes; X 6)public spaces and amenities; (n/a) X 7)areas to be designated as conservation and/or preservation areas; *As applicable (n/a) SPECIAL USE PERMIT CHECKLIST April 2016 Page 1 of 2 itia X ` 8) ceptual stormwater detention facility loins; X 9) conceptual grading; X Other special studies or documentation,if applicable, and any other information identified as necessary by the county on the pre-application comment form. • This checklist will need to be filled in, signed and submitted with the special use permit application. • Concept plan(the minor amendment) • Submit a separate ARB application with the corresponding checklist (for a conceptual plan/advisory review) at the time the SP application is made. • Parking study which supports the reduction in parking for the use. Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit. Read and Sign I hereby state that,to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. ?AA- Si:•.ture of person completing this checklist Date 47/ -E-1 -1 L" �� 9Go -.=203/ Print Name Daytime phone number of Signatory SPECIAL USE PERMIT CHECKLIST April 2016 Page 2 of 2 !!!5. !! !!!!! A