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HomeMy WebLinkAboutACE200700001 Deed of Easement 2009-07-15This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Number 10100 -00 -00 -06000 (247.800 acres) This deed is exempt from taxation under Virginia Code § 58.1 -81 1(A)(3) and Clerk's fees under Virginia Code 17.1-266. DEED OF EASEMENT THIS DEED OF EASEMENT, made this 12th day of January 2009, between COLES- ANDERSON, LLC, a Virginia limited liability company, hereinafter referred to as the Grantor," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as the "County," and the ALBEMARLE COUNTY PUBLIC RECREATIONAL FACILITIES AUTHORITY, a public body established pursuant to Virginia Code § 15.2 -5600 et seq., each of whose address is 401 McIntire Road, Charlottesville, Virginia, 22902; the County and the Albemarle County Public Recreational Facilities Authority are hereinafter collectively referred to as the "Grantees." WITNESSETH WHEREAS, the Grantor is the owner in fee simple of the real property located in Albemarle County that is described below and hereinafter referred to as the "Property;" WHEREAS, the Property contains 247.800 acres, more or less, in the aggregate; WHEREAS, the Grantor desires to establish an open -space conservation easement on the Property for the purpose of preserving such lands as open space in perpetuity in order to protect the values described herein and yield significant public benefits; WHEREAS, under the County's Acquisition of Conservation Easements ( "ACE ") Program, codified in Appendix A.1 of the Albemarle County Code, the County is authorized to acquire open -space conservation easements over qualifying properties in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1 -1700 et seq.); WHEREAS, the Grantees' acquisition of this easement furthers the purposes of the ACE Program in that the acquisition, among other things, assures that Albemarle County's resources are protected and efficiently used, establishes and preserves open- space, preserves the rural character of Albemarle County, and furthers the goals of the Albemarle County Comprehensive Plan to protect Albemarle County's natural, scenic and historic resources, promotes the continuation of a viable agricultural and forestal industry and resource base, protects Albemarle County's surface water and ground water supplies, and protects Albemarle County's agricultural lands as a resource base for its agricultural industries and for related benefits they contribute towards the County's rural character, scenic quality, natural environment, and fiscal health; WHEREAS, the Virginia Open -Space Land Act (Virginia Code § 10.1 -1700 et seq.) as amended, (hereinafter, the "Virginia Open -Space Land Act "), declares that purposes for providing and preserving open -space land under an easement authorized by the Virginia Open - Space Land Act include retaining or protecting natural or open -space values of real property, assuring its availability for agricultural, forestal, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property; WHEREAS, the following goals and objectives of the Albemarle County Comprehensive Plan will be advanced by placing the Property under the Easement: maintaining the integrity of existing stream channels, with the intent to maintain both biological functions and drainage; protecting the availability and quality of surface drinking water supplies; protecting the availability and quality of groundwater resources; conserving ecological communities to ensure their continued genetic diversity, and to protect ecosystems that provide essential services to humans; and promoting the protection of those important open space lands that cannot be adequately protected through regulation; WHEREAS, for zoning purposes, the Property is located in a Rural Area as defined in the Comprehensive Plan, and is subject to taxation based on its use value as land devoted to agricultural, forest and open -space use; WHEREAS, the conveyance of this Easement over the Property will preserve the characteristics of the Property pursuant to certain clearly delineated state and local governmental conservation policies, and these policies are described in greater detail herein; WHEREAS, the Property is within the Chesapeake Bay watershed and contributes in its undeveloped state to the water quality of the Chesapeake Bay and its watershed and to the goal set by the Governor of the Commonwealth of Virginia and the Administrator of the United States Environmental Protection Agency to conserve 432,535 acres of land in Virginia by the year 2010; in the Chesapeake 2000 Agreement, the Governor of the Commonwealth of Virginia and the 7 Administrator of the United States Environmental Protection Agency acknowledged "that future development will be sustainable only if we protect our natural and rural resource land, limit impervious surfaces and concentrate new growth in existing population centers" and a goal of the Chesapeake 2000 Agreement is to "expand the use of voluntary and market -based mechanisms such as easements ... to protect and preserve natural resource lands;" WHEREAS, this open -space conservation easement in gross constitutes a restriction granted in perpetuity on the use which may be made of the Property, and is in furtherance of and pursuant to the clearly delineated governmental policies of Albemarle County, Virginia as set forth in the Albemarle County Comprehensive Plan adopted on March 2, 2005 (the Comprehensive Plan "), to which plan the restrictions set forth in this deed conform; WHEREAS, the Property has over five thousand three hundred (5,300) feet of common boundary with another permanently protected property, it has nearly six thousand (6,000) feet of frontage on State Roads 717 and 708, it has almost two thousand five hundred (2,500) linear feet on the Hardware River, one hundred (100) foot wide riparian forest buffers will be established on almost eight thousand three hundred (8,300) linear feet of the Hardware and South Fork of the Hardware Rivers, it has 179 acres of "prime" farm and forestland soils, and other attributes that justify its qualification under the ACE Program and the Open -Space Land Act; WHEREAS, the Property has a total of sixteen (16) division rights, as that term is defined in Appendix A. l of the Albemarle County Code, which, if fully exercised, could result in the creation of sixteen (16) parcels and a total of sixteen (16) dwelling units (one on each parcel created); the Easement will protect the Property by providing that it will not be divided into more than three (3) parcels, two (2) of which will be at least one hundred (100) acres in size, and will allow three (3) new principal dwellings and two (2) new accessory dwellings, thereby resulting in the extinguishment of the right to create thirteen (13) parcels and establish eleven (l l) dwelling units; WHEREAS, the Grantor and the County have entered into an agreement under the terms of which the County has agreed to pay the Grantor the total sum of seven - hundred thirty -five thousand dollars ($735,000.00) for this Easement. NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants, conveys, covenants and agrees as follows: 3 1. GRANT AND CONVEYANCE OF EASEMENT. The Grantor hereby grants and conveys to the Grantees and their successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, a conservation easement (the Easement) in gross over the Property described below, restricting in perpetuity the use of the Property in the manner set forth herein: ALL that certain tract or parcel of land, situated in the Scottsville Magisterial District of Albemarle County, Virginia, near Carter's Bridge, containing 247.780 acres, more or less, being all of a tract of 254.28 acres as shown on plat recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 368, Page 64; LESS and EXCEPT three off - conveyances of 1.50 acres and .42 acre conveyed by Roberts Coles to Leigh Walker by deed of May 4, 1962, recorded in the aforesaid Clerk's Office, in Deed Book 378, Page 473; AND 4.58 acres conveyed to Ronald Marcus in the aforesaid Clerk's Office in Deed Book 2046, Page 431. BEING the same property conveyed to Coles- Anderson, LLC, a Virginia limited liability company, by deed from Margaret Douglas Coles Anderson, individually, dated July 26, 2006, recorded July 26, 2006 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3257, page 672. The Property is also identified in the County's tax maps as Tax Map and Parcel Number 10100 -00 -00 -06000 (247.800 acres) 2. USES AND ACTIVITIES. In order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1 -1700 el seq.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance Albemarle County Code, Chapter 18). No use or activity, including any such use or activity otherwise expressly authorized herein, shall impair an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided only as provided herein and its boundary lines may be adjusted only as provided herein: Division. The Property is currently composed of one (1) parcel. For all purposes of this Easement, the Property shall be considered to be one (1) parcel; however, the Property may be divided or subdivided into not more than three (3) separate parcels; provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shal I each be 4 at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary Line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction installation location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: 1. Location of structures. Each new structure for which a building site is required shall be located on a building site either shown on the attached Attachment B or approved in writing by each Grantee. 2. Types of structures. No permanent or temporary buildings or structures may be built, maintained or replaced on the Property other than: i) three (3) single- family dwellings, not to exceed 7,000 square feet each of above ground livable- space, unless prior written approval is obtained from each Grantee; and ii) two (2) secondary dwellings, which shall not individually exceed two thousand (2,000) square feet each of above - ground enclosed living area and shall be subordinate and incidental to the principal single- family dwelling units; and iii) accessory non - residential structures that are customarily incidental and subordinate to a single- family residential use, that are located within two hundred (200) feet of the dwelling unit to which it is accessory, and that are neither designed, equipped nor furnished for sleeping or cooking, such as outbuildings, swimming pools, decking detached from the single- family dwelling units, gazebos, garages, and tool sheds; provided that outdoor grills, barbecues, ovens, and stoves are permitted. Accessory non - residential structures existing on the date of this Deed of Easement and identified in the Baseline documentation are not required to be located within two hundred (200) feet of the dwelling unit to which they are accessory; and iv) farm buildings or structures, except that a farm building or farm structure exceeding four thousand five hundred (4,500) square feet in ground area may not be E constructed on the Property unless prior written approval for the building or structure shall have been obtained from the Grantees. Any structure permitted by this paragraph may be repaired, reconstructed, or replaced in a manner that is consistent with this Easement if it is damaged, destroyed or demolished; provided that the repair, reconstruction or replacement of the structure is permitted by and complies with all applicable regulations. 3. Improvements. The following may be constructed, installed, located or placed, provided they are otherwise consistent with this Easement: (a) driveways and other improvements and facilities customary and related to the use of a single parcel or of a subdivided parcel authorized hereunder; and (b) improvements and facilities related to a land division including, but not limited to, public streets or private roads, and drainage and other utility facilities required by the County. C. Commercial and industrial uses prohibited; description of uses not deemed to be commercial and industrial uses. No industrial or commercial uses shall be conducted on the Property; provided, however, that the following uses are not deemed to be commercial or industrial uses for purposes of this Easement and are specifically permitted: 1. De minimis commercial recreational uses. 2. Agricultural uses including, but not limited to, establishing, reestablishing, maintaining or using cultivated fields, orchards or pastures (including clearing woodland areas for conversion to crop or pastureland) in accordance with generally accepted agricultural practices, including horticultural specialties; livestock, including all domestic and domesticated animals; and livestock products. The processing of agricultural products is not an agricultural use, except as an accessory use. 3. Forestal uses including, but not limited to, reforestation, site preparation, timber harvesting and other commercial forest management activities are permitted provided the Grantor adheres to established Best Management Practices (as provided in subsection 2(F)); meets the requirements established for Riparian Buffers (as provided in subsection 2(G)); and uses the best technical advice of a professional forester to maintain and improve the long -term health and productivity of the forestland. The processing of wood products is not a forestal use, except as an accessory use. The clearing of land for conversion to farmland or other agricultural uses, however, may be permitted. The Grantor shall notify the Grantees thirty (30) days before 6 the anticipated start of any harvesting activity and seven (7) days prior to the anticipated completion of such harvesting activity. 4. Temporary or seasonal activities that do not permanently alter the physical appearance of the Property and are otherwise consistent with this Easement including, but not limited to, the sale of agricultural products grown or raised on the Property, and the granting of licenses to enter and use the Property for hunting or fishing. 5. Activities that can be and in fact are conducted within permitted buildings, without material alteration to the external appearance thereof, including, but not limited to, tourist lodging. For purposes of this Easement, the term "tourist lodging" means one or more rooms located within a single- family dwelling which is actually used as such, which rooms are used secondarily to such single - family use for the temporary accommodation of transients in return for compensation, whether or not such rooms are used in conjunction with other portions of such dwelling, or as such term is hereafter defined in the Albemarle County Zoning Ordinance. If otherwise allowed under the Albemarle County Zoning Ordinance, food service to or for lodgers may be allowed as an accessory use. 6. Uses subordinate and customarily incidental to a principal use of the Property that are not expressly prohibited by and are otherwise consistent with this Easement. 7. Uses or activities not expressly excepted herein, but which are determined by each Grantee in writing not to be a commercial or industrial use, and to be consistent with this Easement. In making this determination, the Grantees may consider, among other things, whether the scope of a use or activity excepted herein has evolved over time as a result of changes in the law or customary practices. D. Billboards and signs. There shall be no display of billboards, signs or other advertisements on the Property, except to: (1) state solely the name of the owners, the name of the farm, and /or the address of the Property; (2) advertise the sale or lease of the Property; (3) advertise the sale of goods or services produced as permitted by this Easement; (4) give directions to visitors; or (5) provide warnings pertaining to trespassing, hunting, dangerous conditions and other similar such warnings. No sign shall exceed twenty -four (24) square feet. E. Grading, blasting earth removal and mining,. Grading, blasting or earth removal shall not materially alter the topography of the Property; provided that grading, blasting or earth removal shall be allowed for dam construction to create private conservation ponds or lakes, and during the construction of permitted structures or associated improvements, and that such 7 activities employ applicable Best Management Practices. Common agricultural activities such as plowing, erosion control and restoration, and the burial of dead animals, are not activities that materially alter the topography of the Property. Mining on the Property is prohibited. F. Management of forestal resources. Applicable Best Management Practices, as established by a responsible state agency, shall be used in all forestal activities to control erosion and protect water quality. G. Riparian Buffers. 1. Riparian Woodland Buffers. To protect water quality, a one hundred 100) foot wide permanently wooded buffer shall be maintained along the South Fork of the Hardware River and the Hardware River wherever woods of such width exist at the time this easement is granted. On segments of the two rivers where the riparian woodland is less than 100 feet in width, the buffer shall consist of both existing woodland (at the time this easement is granted) and agricultural land within 100 feet of the designated perennial stream. The Woodland Buffers shall be measured from the top of the river bank. In order to maintain the ecological values of the buffer, indigenous vegetation shall be preserved, or be allowed to evolve by natural succession where it does not exist, to the maximum extent possible. The target vegetative cover within the Woodland Buffers shall be indigenous herbaceous, shrub and tree canopy layers. Within the Woodland Buffers, the Grantor may remove or control, as appropriate: (1) dead, diseased and dying trees; (2) vegetation that is determined to be an "invasive species," as such species shall be determined by reference to the appropriate federal or state agency list available at the time of removal or control; (3) vegetation to control insect and disease infestations and to prevent personal injury or property damage; and (4) fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem. Prior to removing any indigenous vegetation including herbaceous, shrub and tree canopy layers), the Grantor shall confer with the Grantees to agree on the extent and method of vegetation removal. The Grantees may require mitigation of the removal of indigenous vegetation with the planting of comparable indigenous vegetation. The Grantor shall not plant any non - indigenous species of ground covers, shrubs or trees. Trails for pedestrians or horses may be constructed with the prior written consent of, and according to designs approved by, the Grantees; all such trails shall be maintained to effectively control erosion. Trails existing at the time of the granting of this Easement may remain, provided that they are maintained to effectively control erosion. The purpose of this paragraph is not to require the establishment or creation of new Woodland Buffers where they do not currently exist but rather to maintain Woodland Buffers that already exist at the time this Easement is recorded. The approximate location of all riparian woodland buffers is shown on the map attached labeled Attachment A. 2. Riparian Agricultural Buffers. To protect water quality there shall be no plowing, cultivation or other earth disturbing activity in a one hundred (100) foot buffer strip, except as set forth below, along the edges of all perennial streams and non - wooded portions of the South Fork of the Hardware River and the Hardware River. The Agricultural Buffers shall be measured from the top of the stream or river bank as measured horizontally from the top of each bank. Within these buffer strips there shall be no buildings or other structures constructed, no storage of compost, manure, fertilizers, chemicals, machinery or equipment, and no cultivation or other earth disturbing activity conducted, except as may be reasonably necessary for (i) stream bank restoration and erosion control pursuant to a government permit, (ii) reforestation, (iii) fencing along or within the buffer area, (iv) provided the water - quality protection function of the buffer is not impaired, removal of trees presenting a danger to persons or property and removal of diseased, dead or non - native invasive trees, shrubs or plants, (v) construction and maintenance of stream crossings, and (vi) creation and maintenance of foot or horse trails with unimproved surfaces areas is permitted. Mowing within buffer areas is permitted. The approximate location of all riparian agricultural buffers is shown on the map attached labeled Attachment A. H. Accumulation of waste material. There shall be no accumulation or dumping of trash, refuse or junk on the Property. This restriction shall not prohibit customary agricultural, horticultural or wildlife management practices including, but not limited to, establishing brush, compost or manure piles, or the routine and customary short -term accumulation of household trash. 3. MISCELLANEOUS PROVISIONS A. No public right of access to Property. This Easement does not create, and shall not be construed to create, any right of the public to enter upon or to use the Property or any portion thereof, except as the Grantor may otherwise allow. B. Easement applies to the whole Property and runs with the land. This Easement shall apply to the Property as a whole rather than to individual parcels, and shall run with the 9 land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. C. Enforcement. In addition to any remedy provided by law to enforce the terms of this Easement, the parties shall have the following rights and obligations: 1. Monitoring. Representatives of either Grantee may enter the Property from time to time for the purpose of inspection and enforcement of the terms of this Easement after permission from or reasonable notice to the Grantor or the Grantor's representative. 2. Restoration. Upon any breach of any term of this Easement by the Grantor, either Grantee may require by written demand to the Grantor that the condition(s) in breach be restored promptly to its /their condition at the time the Easement was granted. 3. Documentation of condition. Documentation is retained in the offices of the County that describes the condition and character of the Property at the time this Easement was granted. This documentation may be used to determine compliance with and enforcement of the terms of this Easement. However, neither the Grantor nor the Grantees are precluded from using other relevant evidence or information to assist in that determination. 4. Action at law inadequate remedy. It is conclusively presumed that an action at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or any attempted breach or violation, of any term of this Easement. 5. Failure to enforce does not waive right to enforce. The failure of either Grantee to enforce any term of this Easement shall not be deemed a waiver of the right to do so thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term. 6. No third party right of enforcement. Nothing in this Easement shall create any right in the public or any third party to maintain any suit or action against any party hereto. D. No buy -back option. The Grantor shall not have the option to reacquire any property rights relinquished by this Easement. E. Notice of proposed transfer or sale. The Grantor shall notify each Grantee in writing at the time of closing on any transfer or sale of the Property. In any deed conveying all or any part of the Property, this Easement shall be referenced by deed book and page number in the deed of conveyance and shall state that this Easement is binding upon all successors in interest in the Property in perpetuity. F. Relation to applicable laws. This Easement does not replace, abrogate or otherwise supersede any federal, state or local laws applicable to the Property. HUI G. Reference to existing laws. All references to existing laws shall include such laws as they may be hereafter amended or recoditied, whether they are referenced herein or not. H. Severability. If any provision of this Easement is determined to be invalid by a court of competent jurisdiction, the remainder of this Easement shall not be affected thereby I. Recordation. Upon execution by the parties, this Easement shall be recorded with the record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia. J. Authority to convey easement. The Grantor covenants that it is vested with good title to the Property and may convey this Easement. K. Authority to accept easement. The Grantees are authorized to accept this Easement pursuant to Virginia Code § 10.1 -1701. The County, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2- 1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. L. Transfer of easement by grantees. Neither Grantee nor their successors or assigns may convey or lease this Easement unless the conveyance or lease is conditioned as follows: (1) the conveyance or lease are subject to contractual arrangements that will assure that the Property is subject to the restrictions and conservation purposes set forth in this Easement, in perpetuity; and (2) the transferee is an organization then qualifying as an eligible donee as defined by section 170- (h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder, or is a public body within the meaning of Virginia Code § 10.1 -1700. M. Extinguishment. The Grantor and the Grantees intend that this Easement be perpetual and not be extinguished, and extinguishment of this Easement is not permitted under the Open -Space Land Act, Virginia Code § 10.1 -1700 et seq. except as provided in Virginia Code § 10.1 -1704. The Grantor and the Grantees agree that this Easement shall not be converted or diverted, as the Open -Space Land Act employs those terms, until and unless the Grantees or an assignee of the Grantees' interest in this Easement, certifies that such conversion or diversion satisfies the requirements of the Open -Space Land Act. The Grantor agrees that the grant of the perpetual conservation restriction in this Easement gives rise to a property right, immediately vested in the Grantees, with a fair market value that is at least equal to the proportionate value that the perpetual conservation restriction at the time of the grant bears to the value of the Property as a whole at that time. If a subsequent unexpected change in the conditions surrounding the Property makes impossible or impractical the continued use of the Property for the conservation purposes specified herein, the restrictions set forth in the Easement can be extinguished only by a judicial proceeding and only if such extinguishment also complies with the requirements of Virginia Code § 10.1 -1704. In any sale or exchange of the Property subsequent to such extinguishment, the Grantees shall be entitled to a portion of the proceeds at least equal to the proportionate value of the perpetual conservation restriction computed as set out above, but not to be less than the proportionate value that the perpetual conservation restriction at the time of the extinguishment bears to the then value of the Property as a whole. At the time of the grant, the proportionate value of the Easement ($735,000.00) is 24.72% of the appraised fair market value ($2,973,360.00) of the Property. The Grantor and the Grantees agree that, in the event of extinguishment of the restrictions of this Easement that results in the receipt of monetary proceeds by the Grantees or an assignee of the Grantees' interests in this Easement in compensation for the loss of such property interest, the County shal I use its entire share of the proceeds from the sale of such property in a manner consistent with the conservation purposes of this Easement and of the Open -Space Land Act. N. No warranty ygrantees as to qualification for charitable gift. The Grantor and the Grantees hereto agree and understand that any value of this Easement claimed for tax purposes as a charitable gift must be fully and accurately substantiated by an appraisal from a qualified appraiser as defined in IRS regulations (see 26 C.F.R. § 1.170A- 13(c)(5)), and that the appraisal is subject to review, audit and challenge by all appropriate tax authorities. The Grantees make no express or implied warranties regarding whether any tax benefits will be available to the Grantor from this Easement, whether any such tax benefits might be transferable, or whether there will be any market for any tax benefits that might be transferable. O. Construction. This Easement shall be construed to promote the purposes of this Easement, the ACE Program, and the Open -Space Land Act. 12 WITNESS the following signatures and seals. GRANTOR COLES- ANDERSON, LLC Margaret Coles Anderson, Manager COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing Deed of Easement was signed, sworn to and acknowledged before me this day of by Margaret Coles Anderson, Manager of Coles - Anderson, LLC, Grantor. My Commission Expires: Notary Registration No. _ Notary Public 13 COUNTY OF ALBEMARLE RM Robert W. Tucker, Jr. County Executive COMMONWEALTH OF VIRGINIA CITY /COUNTY OF ALBEMARLE COUNTY PUBLIC RECREATIONAL FACILITIES AUTHORITY By: Charlotte D Chairman Buttrick The foregoing Deed of Easement was signed, sworn to and acknowledged before me this day of , by Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: Notary Registration No. _ COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing Deed of Easement was signed, sworn to and acknowledged before me this day of I by Charlotte D. Buttrick, Chairman, on behalf of the Albemarle County Public Recreational Facilities Authority, Grantee. My Commission Expires: Notary Registration No. _ Approved as to form: By: County Attorney Notary Public Eli i f I! ti P• L BUI ING S PNENT -- n L E t1 % Attachment $ SCHOOL