HomeMy WebLinkAboutWPO201800031 Easements 2004-01-23T C
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Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
Date of Instrument: [1/23/2004 ]
Instrument Type: [DE J
001336
I I! IIII 1111111 III lilll VIII I IIII lull VDoe ID: III llll� lull VIII VIII VIII lull Illi Illi
e: DEE
Recorded: 01/23/20041atT04:08:46 PM
Fee Amt: $29.20 Pape 1 of 12
Albemarle
vCllerk Circuit Court
File# 2004-00001386
SK2678po425-436
Number of Parcels
[ 3]
Number of Pages
[ 101
City ❑ County x❑
[Albemarle County I (Box for Deed Stamp Only)
First and Second Grantors
Last Name
First Name I Middle Name or Initial I Suff€x
[Hurt
] [Charles
] [W ] [Trustee ]
[Fisher
] [Shirley
] [L ] [Trustee ]
First and Second Grantees
Last Name
First Name Middle Name or Initial Suffix
[Hollymead Town Center,
] [
] [ ] [ ]
Grantee Address
(Name)
[HOLLYMEAD TOWN CENTER, LLC ]
(Address 1)
[care of Regency Realty Group, LLC ]
(Address 2)
[8618 Westwood Center Drive - Suite 300 ]
(City, State, zip)
[Vienna ] [VA ] [22182 ]
Consideration [0.00
] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County 0 [Albemarle County ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [03200-00-00-042B0, 03200-00-00-042DO ]
Tax Map Num. (if different than PIN) [32-42B, 32-42D ]
Short Property Description [Hollymead Area B ]
[ l
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, zip) [ ] [ ] C ]
Instrument Prepared by
Recording Paid for by
Return Recording to (Name)
(Address 1)
(Address 2)
(City, State, zip)
Customer Case ID
Cover Sheet Page # 1 of 2
[LeClair Ryan
[Commercial Title Group
[LeClair Ryan
[123 E Main 8th FI
[Charlottesville
[ ]C
............... .....
] [VA ] [22902
][
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
[ILS VLR Cover Sheet Agent 1.0.661
T G G C Date of Instrument: [112312004 ]
A R R O Instrument Type: [DE ]
X A A R
N N P Number of Parcels [ 31
E T T
X O E Number of Pages [ 10]
-- - ---- - - - --- --- - ------------ - ----------------- --------------------------
E R E City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only)
M Grantors/Grantees/Parcel Continuation Form C
P
T Last Name First Name Middle Name or Initial Suffix
❑ ® ❑ ❑ [Post Office Land Trust ] [ ] [ ] [ ]
❑❑❑❑ [ ][ ][ ][ ]
❑ ❑ ❑ ❑ [ ][ ][ ][ ]
0000
[ ][ ][ ]C ]
Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [03200-00-00-042E0, 03200-00-00-0430 ]
Tax Map Num. (if different than PIN) [32-42E, 32-43 ]
Short Property Description [Hollymead Area B ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Prior Instr. Recorded at: City ❑ County® [Albemarle County
Book [ ] Page [ ]
Parcel Identification No (PIN) [03200-00-00-043A0
Tax Map Num. (if different than PIN) [32-43
Short Property Description [Hollymead Area B
[
Current Property Address (Address 1) [
(Address 2) [
(City, State, Zip) [
Cover Sheet Page # 2 of 2
] Percent. in this Juris.
Instr. No [
Driveway e t iarbt Mbit D)
Document prepared by:
IxClair Ryan
123 Bast Main Street
8°i Floor
Charlottesville, Virginia 22902
Tax map 32, Parcel s 4213,421),42F-, 43 and 43A
CROSS ACCESS EASEMENT AND
CONSTRUCTION AGREEMENT
THIS CROSS ACCESS EASEMENT AND CONSTRUCTION AGREEMENT (the
"Agreement") is made as of this 2.3, day of January, 2004, by and between CHARLES WM. HURT AND
SHIRLEY L. FISHER, TRUSTEES OF THE POST OFFICE LAND TRUST ("Post Office") and
HOLLYMEAD TOWN CENTER, LLC, a Delaware limited liability company ("Hollymead," and together,
the "Owners").
RECITALS:
R-1. Post Office is the owner of certain real property (the "Post Office Property") located in the
Rivanna Magisterial District of Albemarle County, Virginia, depicted as TM 32 Par 41D on plat of Rivanna
Engineering & Surveying, PLC, dated September 15, 2003, attached hereto as Exhibit A and recorded
herewith (the "Plat").
R-2. Hollymead is the owner of certain adjacent real property (the "Hollymead Property") upon
which Hollymead intends to place a commercial development (the "Project"), which property is located in the
Rivanna Magisterial District of Albemarle County, Virginia, and described more particularly on plat of
Rivanna Engineering & Surveying, PLC, dated March 7, 2003, last revised December 18, 2003, as Lot F
containing 5.16 acres, G containing 5.15 acres, Lot C containing 3.61 acres, Lot D containing 8.38 acres and
Lot E containing 2.68 acres, which said plat is of record in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia, at Deed Book 2672, page 732. A portion of the Hollymead Property is depicted on the Plat
as TM 32 Par 43.
R-3. In conjunction with its development of the Project, Hollymead, its successors, assigns and
transferees, intends to construct a truck entrance, road and landscaping on the Post Office Property from U.S.
Route 29 southbound for the use and benefit of Hollymead and the Project.
WITNESSETH:
NOW, THEREFORE, in consideration of the covenants herein contained and for the mutual benefit
of all present and prospective owners of the Hollymead Property, the Owners agree as follows:
I. Construction of Entrance and Road. Hollymead shall construct or cause to be constructed
entirely at its own expense improvements consisting of an entrance and variable -width roadway located within
that certain area described on the Plat as the Entrance Area Construction and Cross -Access Easement, in
accordance with the requirements of Albemarle County (the "Hollymead Improvements"). Post Office shall
construct or cause to be constructed entirely at its own expense improvements consisting of a variable -width
roadway connecting to the Hollymead Improvements and located within that certain area described on the Plat
as the Drive Lane Construction and Cross -Access Easement (the "Post Office Improvements"). Without in any
way limiting Post Office's responsibility for constructing the Post Office Improvements, Hollymead shall also
have the right to construct or cause to be constructed all or part of the Post Office Improvements, with such
work to be reimbursed by Post Office upon approval by the County of Albemarle of a final site plan for Post
Office Property.
2. Access Easement. Post Office does hereby GRANT and CONVEY for the use and
enjoyment of Hollymead, its heirs, administrators, personal representatives, successors, assigns, tenants, other
occupants and permittees and their respective employees, agents, sublessees, licensees, contractors and
invitees, a perpetual, non-exclusive casement and right-of-way for vehicular ingress and egress, including,
Driveway behind Target (Exhibit D)
without limitation, ingress and egress by delivery trucks, tractor trailers, trash trucks and semis, to and from
U.S. Route 29 — Seminole Trail over and upon the areas depicted on the Plat as the Entrance Area
Construction and Cross -Access Easement and the Drive Lane Construction and Cross -Access Easement (the
"Easement Area") for the purpose of providing ingress, egress and other access to the Hollymead Property.
3. Temporary Construction Easement. Post Office does hereby GRANT and CONVEY to
Hollymead, its transferees, successors, assigns, agents and contractors, a temporary easement over the Post
Office Property to permit Hollymead to construct, install, maintain, repair, alter and replace the Easement
Area, including easements as necessary for the proper grading of the site, temporary erosion control measures,
landscaping, storage of supplies and equipment and redirection of traffic, which easement shall remain in
effect only until such construction is completed, but shall automatically be reinstated during the pendency of
any work thereafter performed.
4. Maintenance. Hollymead, its successors and assigns, shall maintain, at its expense, the
Hollymead Improvements. Post Office, its successors and assigns, shall maintain, at its expense, the Post
Office Improvements. The Owners shall keep their respective portions of the Easement Area clear of waste,
debris, ice, snow and any obstruction to the unrestricted use of the Easement Area, except such as may
reasonably be required in connection with performance of maintenance. Without in any way limiting Post
Office's responsibility for maintaining its portion of the Easement Area, in the event that Post Office fails to
maintain the Post Office Improvements, Hollymead shall then have the right to maintain or cause to be
maintained the Post Office Improvements, with such maintenance work to be reimbursed by Post Office
promptly upon Hollymead's presentation to Post Office of an invoice for the actual cost of the maintenance
performed. Without in any way limiting Hollymead's responsibility for maintaining its portion of the Easement
Area, and provided that ingress and egress over the Hollymead Improvements is not materially impaired, in the
event that Hollymead fails to maintain the Hollymead Improvements, Post Office shall then have the right to
maintain or cause to be maintained the Hollymead Improvements, with such maintenance work to be
reimbursed by Hollymead promptly upon Post Office's presentation to Hollymead of an invoice for the actual
cost of the maintenance performed.
5. Easement for Installation and Maintenance of the Off -Site Landscaping. Hollymead, its
successors and assigns, shall be solely responsible for the installation, construction and maintenance of
landscaping in accord with any requirements of the County of Albemarle within that area designated on the
Plat as Off -Site Landscaping Easement (Area 1) (the "Off -Site Landscaping Easement"), Said maintenance
responsibility shall continue only until the County of Albemarle releases the bond posted by Hollymead for the
work to be performed on the Off -Site Landscaping Easement, at which time said maintenance responsibility
shall tenninate and Post Office shall then become solely responsible for said maintenance. Post Office does
hereby GRANT and CONVEY for the use and enjoyment of Hollymead, its heirs, administrators, personal
representatives, successors, assigns, tenants, other occupants and permittees and their respective employees,
agents, sublessees, licensees, contractors and invitees, a temporary, non-exclusive easement to construct,
install, maintain, repair, alter, raze and replace the landscaping within the Off -Site Landscaping Easement
during the period Hollyinead is responsible for construction and maintenance of the Off -Site Landscaping
Easement pursuant to this Paragraph 5.
6. Estoppel Certificates. Within fifteen (15) days after written request by either party hereto, the
other party shall furnish to said requesting party and/or any mortgagee or purchaser of said requesting party an
estoppel certificate stating (i) that this Agreement is in full force and effect and has not been modified or
amended (or, if so modified or amended, specifying any such modifications or amendments), (ii) that no
default exists by the requesting party under this Agreement (or if a default so exists, stating the nature of such
default) and (iii) such other matters concerning the status of this Agreement or the obligations of the parties
hereunder as shall be reasonably requested.
7. Private Rights. its. Subject to Paragraph 8 hereof, the Easement Area and Off -Site Landscaping
Easement are private and shall be maintained exclusively by the Owners. Nothing contained herein shall be
2
Driveway behind Target (Exhibit D)
construed as, or deemed to create, any rights for the benefit of the general public in either the Hollymead
Property or the Post Office Property.
8. future Dedication. Nothing in this Agreement shall be construed to prohibit or in any way
limit the right of the Owners (provided the Owners agree unanimously) to dedicate any part of the Easement
Area as a public road.
9. Matters of Record. The conveyances made and rights granted in this Agreement are made
subject to all applicable casements, restrictions, covenants and conditions of record in the chain of title to the
respective parcels.
10. Notices. All invoices and notices required hereunder shall be mailed to the appropriate party
as required hereunder by certified mail, postage prepaid, and return receipt requested, or by recognized courier
service, such as FedEx or UPS, with delivery receipted, to the address reflected below, or at such other
address(es) as such party may designate, in writing, to the other party:
If to Grantor:
Charles Win. Hurt, Trustee of the Post Office Land Trust
195 Riverbend Drive
Charlottesville, Virginia 22911
If to Grantee:
Hollymead Town Center, LLC
C/o Regency Realty Group, LLC
Attention: Taylor Chess
8618 Westwood Center Drive - Suite 300
Vienna, Virginia 22182
11. Recordation. This Agreement shall be recorded at the Clerk's Office of the Circuit Court
for Albemarle County, Virginia and shall constitute a covenant running with the land to the extent
hereinafter provided. Except as otherwise expressly provided in this Paragraph 11, this Agreement shall
be binding upon Post Office and Hollymead and their respective administrators, executors, assigns, heirs
and other successors in interest including any owners' association.
Notwithstanding the foregoing, during the period in which Hollymead shall retain title to at least
ten (10) acres of the Hollymead Property, the grantee or other transferee (and its successors and assigns)
of any conveyance or other transfer of the Hollymead Property shall not be liable under this Agreement
for either the performance by Hollymead of the maintenance and construction obligations hereunder or
the payment by Hollymead of any sums due hereunder (together, the "Hollymead Obligations"); instead,
Post Office hereby agrees that, during the period in which Hollymead shall retain title to at least ten (10)
acres of the Hollymead Property, Post Office shall look solely to Hollymead for payment and
performance of the Hollymead Obligations and not to any other grantee or transferee of the Hollymead
Property.
During the period in which Post Office shall retain title to at least ten (10) acres of the Post
Office Property, the grantee or other transferee (and its successors and assigns) of any conveyance or
other transfer of the Post Office Property shall not be liable under this Agreement for either the
performance by Post Office of the maintenance and construction obligations hereunder or the payment by
Post Office of any sums due hereunder (together, the "Post Office Obligations"); instead, Hollymead
hereby agrees that, during the period in which Post Office shall retain title to at least ten (10) acres of the
Post Office Property, Hollymead shall look solely to Post Office for the payment and performance of the
Driveway behind Target (Exhibit D)
Post Office Obligations and not to any grantee or other transferee of any portion of the Post Office
Property,
Without limiting the generality of the foregoing, if a portion of the Hollymead Property shall
hereafter be conveyed to Target Corporation ("Target"), and such portion so conveyed shall not exceed
twelve (12) acres, and shall not be the Hollymead Triggering Transfer, as herein defined, then Target and
its successors and assigns shall have no liability under this Agreement for payment or performance of the
Hollymead Obligations; Post Office hereby agreeing that it shall look solely to Hollymead and any
successor owner of the remainder of the Hollymead Property (subject to the foregoing provisions of this
Paragraph 11) excluding the portion thereof conveyed to Target, for payment and performance of the
Hollymead Obligations. Upon the occurrence of a conveyance or other transfer by Hollymead of all or a
portion of the Hollymead Property, after which conveyance or other transfer the residue of such
Hollymead Property retained by Hollymead shall be less than ten (10) acres (the "Hollymead Triggering
Transfer"), liability for the performance and payment of the Hollymead Obligations thereafter shall
attach to and run with ownership of that portion or portions of the Hollymead Property transferred or
conveyed pursuant to the Hollymead Triggering Transfer, as well as ownership of any portion or portions
of the Hollymead Property then retained by Hollymead.
Upon the occurrence of a conveyance or other transfer by Post Office of all or a portion of the
Post Office Property, after which conveyance or other transfer the residue of such Post Office Property
retained by Post Office shall be less than ten (10) acres (the "Post Office Triggering Transfer"), liability
for the performance and payment of the Post Office Obligations thereafter shall attach to and run with
ownership of that portion or portions of the Post Office Property transferred or conveyed pursuant to the
Post Office Triggering Transfer, as well as ownership of any portion or portions of the Post Office
Property then retained by Post Office.
12. Successors and Assij4ns. The terms and provisions of this Agreement are deemed to be
covenants running with the land that are binding upon and inure to the benefit of the transferees, successors,
devisees and assigns of the parties hereto and any person claiming by, through or under them. Subject to the
provisions of Paragraph I I hereof, upon any transfer or conveyance of all or a portion of the Hollymead
Property or the Post Office Property, the grantor or other transferring party shall be automatically released
from all further liability and obligations under this Agreement with respect or relating to the property so
transferred or conveyed. Any obligations contained herein shall be construed as covenants and not as
conditions, and a violation of any said covenants shall not result in a forfeiture or reversion of title to the
easements herein granted,
13. Modification. This Agreement shall not be amended, modified or terminated and no waiver of
any provision hereof shall be effective unless set forth in a written instrument executed with the same formality
as this Agreement.
14. Severability. If any provision of this Agreement shall be unenforceable in whole or in part,
such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this
Agreement, as circumstances require, and this Agreement shall be construed as if such provision had been
incorporated herein as so limited or as if such provision had not been included herein, as the case may be.
is. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall constitute an original and all of which taken together shall constitute a fully executed instrument.
16. Choice of Law. This Agreement shall be governed by and construed in accordance to the
laws of the Commonwealth of Virginia.
4
Driveway behind Target (Exhibit D)
WITNESS the following signatures and seals.
Charles Wm. Hurt, as Trustee for the Post Office
Land Trust
Shirley L. Fisher, as Trustee for the Post Office
Land Trust
HOLLYMEAD TOWN CENTER, LLC, a
Delaware limited liability company
By: Regency Realty Group, Inc., a
Florida corporation, Mqager
By:
Its:
COMMONWEALTH OF VIRGINIA
" Y /COUNTY OF A(R-FA'
tf
The foregoing instrument was acknowledged before me this day of �lkg
200_ by Charles Wm. Hurt, as Trustee for the Post Office Land Trust.
gdL.tom'
(_Ddotary Public
My Commission Expires:
COMMONWEALTH OF VIRGINIA
,QI-TY/COUNTY OF FA'r-FA)(
zit
The foregoing instrument was acknowledged before me this 1Q day of Qcce�' i! e-il
200 by Shirley L. Fisher, as Trustee for the Post Office Land Trust.
otary Public
y Commission Expires: t - 0 (a
5
Driveway behind Target (Exhibit D)
COMMONWEALTH OF VIRGINIA
CITY/£eeff-Y OF
The foregoing instrument was acknowledged before me thisav?r"c�ay of ,
200 by a.Cy L(� , Ci Ss V, P - of Regency R lty
Group, ManageYof HOLLYMEAD TOWN CENTER, LLC.
Notary Public r
My Commission Expires:
6
Driveway behind Target (Exhibit D)
Exhibit A
[the Plat]
Driveway hehtnd Target (Exhibit D)
100 0 100 200
SCALE: 1" = 100'
—� MNm�.KLTit ofy�r
1 04
1 TIMOTHY R. MILLER ; 0
CERTIRCATE No.
r
C,2065 �/
41"
���• Construction, 11 **16 D S`� Ari
Access \ �* *,&4P r
asemen ' ` 1
1 \
1 \
1 1
1 \
1 \
1 \
Axle \ \
1 �
\ 1
iT4tS"!: 174,16 TV 32 Par 41D 1
Post Office tond Trust 11 \
DB 1661-116 \ 1
DB 1659-183 Plot \
Zoned: PD -MC ` \
cis �•, 1 \
r \
o' �` L=32,85, \ \\\
T-..... ., ;. .. R=180.00' i \
736"E
i - I •_1 �\ TM32Par
~ I �1 ,•. \ �
Past Office LanddTrust
C nstruction OB 1661-116
Access 08 1659-183 Plat
i ..,....... i.' Y. - =107 Iasement Zoned: PD -MC
N 50'13'16'E474,39'
60' Build., 15' Access
Rlrrlctlonea Easement I.
Ar \
20' Utility
Easement 1
TM 32 Par 43
Hollymead Town Center I 1
Regional Service Area "B'
I; �. 'f I Drive Lane
Construction and F I I
Cross -Access I I
Easement S
I 11l 1 �
Stormwater— ', 4
60 Building ?p• i Management,
' I I
RaAreotlon^_.j .?"u?n�Orpvge Construction. i I
1 ryenP Landscape r
1 ` Easement r
Entrance Area
Construction and
I Cross -Access l i € I
Casement
I
20' prolnagc EnsementLondscaping i 20' San Sewer I
Easement i
Easement
(Area
PLAT SHOWING EASEMENTS rW'
TAX MAP 32 PARCELS 41D k 43 ROUTE 29 SEMINOLE TRAIL
HOLLYMEAD TOWN CENTER VARIABLE WIDTH' R/W
RIVANNA DISTRICT, ALBEMARLE COUNTY, VIRGINIA
SCALE 1" - 100' DATE: SEPTEMBER 15, 2003
320043,dwg
RIVANNA ENGINEERING k SURVEYING, PLC
P,O, BOX 7603; CHARLOTTESVILLE, VA. 22906
P: 434.984,1599 F: 434,984.8863
CONSENT, SUBORDINATION AND PARTIAL RELEASE
BY TRUSTEES AND BENEFICIARY
J. PETER RICHARDSON and DAVID W. KUDRAVETZ (the "Trustees"), and
FIRST COMMUNITY BANK, J>WeVose address is P.O. Box 950, 211 Federal Street,
Bluefield, West Virginia 24701 (the "Beneficiary"), are, respectively, the trustees and beneficiary
under that certain Deed of Trust from CHARLES WM. HURT AND SHIRLEY L. FISHER,
TRUSTEES OF THE POST OFFICE LAND TRUST dated December 11, 1997, and recorded
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia at Deed Book 1661,
page 123 (the "Deed of Trust").
In consideration of the premises and the intent of the parties to be legally bound, the
aforesaid trustees and beneficiary do hereby JOIN IN, RATIFY and CONFIRM the foregoing
Cross Access Easement and Construction Agreement ("Deed of Easement") for the express
purposes of consenting to such Deed of Easement, subordinating all of their right, title and
interest under the Deed of Trust to the operation and effect of the Deed of Easement and
releasing from the lien of their Deed of Trust the areas depicted on the Plat as the Entrance Area
Construction and Cross -Access Easement, the Drive Lane Construction and Cross -Access
Easement and the Off -Site Landscaping Easement (Area 1).
IN WITNESS WHEREOF, the Trustees and Beneficiary have each executed this
Consent, Subordination and Partial Release by Trustees and Beneficiary or caused it to be
executed on its behalf by their duly authorized representatives, this LA day of _, 20o4
J. Peter Richardson, Trustee for First Community
Bank,je:
David W. Kudravetz, Trustee for First Community
,>< ,�.
First Community Bank, &-.-4, 4;'
Its:
Ufa
OF �
-CIT-Y-/COUNTY OF
T e foregoing instrument was acknowledged before me this lohday of JdY1Cf ,
200by J. Peter Richardson, Trustee for First Community
-
' OFFICIAL SEAL
NOTARY PUBLIC
STATE OF WEST VIRGINIA N ary Public
RITA LORRAWE EY Commission Expires:
POST OFFICE BOXX 1778 177'8
BLUEFIEW, WV 24701
My amrdnIzdan w#ei Dawber 12, 2011
COMMONWEALTH OVIRGINIA
CITY/C0ZMTY OF
The foregoing instrument was acknowledged before me this /f day of ,
200, by David W. Kudravetz, Trustee for First Community Bank, Jsw.
No ary Public
My Commission Expires:
COMMONWEALTH
CITY/COUNTY OFL?��,
The fo o1n instrument was acknowled ed before me this day ofD CLAA,
200 by
(N:Ar Ar First Community Bank,
OFFICIAL SEAL
NOTARY PUBLIC A I M r .
STATE OF WEST VIRGINIA NotaryPutr c
ERIN M. CARVER
211 FMCRAL Sr. My Commission Expires: .
Mualk"LI], VW 24701 '
My ooenmA9sbn exgir s Apr1 a0, "- 13
RECORDED IN CLERKS OFFICE OF
ALBEMARLE ON
January 23,2004 AT 4:08:46 pM
$0.00 GRANTOR TAX pD
AS REQUIRED SY VA CODE 656,1.802
STATE: $0.00 LOCAL: $0,00
ALSEMA CO
DC