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HomeMy WebLinkAboutSUB202000183 Agreements Final Plat 2021-07-16Memo To: Cameron Langille HAND DELIVER From: Donna DeLoria (email: drd0paynehodous com) Date: July 16, 2021 Re: Ganapati, LLC — Two Lot Division of TMP 32-42H Cameron, Attached are 6 originals of the plat, along with the original executed declaration (shared parking agreement). Please let me know when the plats have been signed so that I can pick up 5 of those and the declaration and see to the recording. Thanks. Donna Prepared by and return to: Tax Map Number: 03200-00-00-042H0 Donna R. DeLoria, Esquire (VSB #34133) Payne & Hodous, LLP 414 East Jefferson Street Charlottesville, VA 22902 No title examination has been performed and no certification of title is made by the preparer of this instrument. THIS DECLARATION OF EASEMENT AND AGREEMENT (the "Declaration"), dated this j l day of 2021, by GANAPATI, LLC, a Virginia limited liability company, ("Declarant', to be indexed as grantor and grantee); and BLUE RIDGE BANK, also known as BLUE RIDGE BANK, N.A., ("Lender", to be indexed as a grantor); and ROBERT S. JANNEY, TRUSTEE ("Trustee", to be indexed as a grantor); WITNESSETH: WHEREAS Declarant is the owner of the real property described on Exhibit A attached to this Declaration and incorporated herein by reference ("Property"); WHEREAS the Property is shown on a plat by Residential Surveying Services dated October 20, 2011, last revised May 27, 2021, entitled "Plat Showing Two -Lot Division Survey of Tax Map 32 Parcel 42H Located on East Side of U.S. Route 29 Rivanna District Albemarle County, Virginia", attached to and recorded with this Declaration as Exhibit B (the "Plat'); WHEREAS the Property lies on both sides of the public street known as Fortune Park Road (State Route 1754) ("Fortune Park Road"): parcels: WHEREAS Declarant has divided the Property as shown on the Plat, resulting in two (i) the parcel identified on the Plat as `Part of T.M.P. 32-42H 0.549 Acres to be Known As Parcel HI" ("Parcel Hl"); the residue parcel ("Parcel H"), consisting of land lying on both sides of Fortune Park Road, identified on the Plat as: a. "Part of T.M.P. 32-42H, 0.472 Acres To Be Known As Parcel H" ("Parcel H — Northerly Portion"); and b. "Part of T.M.P. 32-42H, 0.786 Acres To Be Known As Parcel H" ("Parcel H — Southerly Portion"); WHEREAS, Albemarle County Code §§ 18-4.12.8(a) and 18-4.12.10 authorize parking spaces to be shared among two or more uses under certain circumstances provided that the shared parking spaces are subject to an instrument restricting the use of that part of the parcel on which parking is to be shared to parking and ensuring that a minimum number of parking spaces determined by the Albemarle County Zoning Administrator ("Zoning Administrator") are established and maintained for the use relying on the shared parking spaces; WHEREAS, the Zoning Administrator has determined that shared parking is permitted under the terms and conditions set forth in this Declaration; and WHEREAS, Declarant desires to subject the Parcels (defined below) to the easements, agreements and other matters set forth in this Declaration, for the mutual benefit of the Parcels; NOW THEREFORE, Declarant hereby declares that the Parcels shall be held, transferred, sold, conveyed, leased, donated, devised, inherited and occupied together with and subject to the following easements, agreements and other matters, which shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in such real property or any part thereof, and shall inure to the benefit of each owner thereof, except as otherwise provided in this Declaration. Declarant further declares and agrees as follows: 1. GENERAL PROVISIONS. A. Owner. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of the fee simple title to each Parcel, including contract sellers, but excluding those having such interests merely as security for the performance of an obligation. In the case where any Parcel is held by one or more persons for life with the remainder to another or others, the term "Owner" shall mean and refer only to the life tenant(s) until such time as the remainderman or remaindermen come into use, possession or enjoyment of the Lot. In the event that there is more than one record owner of a Parcel: (i) such owners shall be jointly and severally liable for all obligations of the Owner under this Declaration; (ii) notice to or from any one such owner shall be deemed notice to or from all; (iii) an estoppel certificate delivered by any one such owner shall be binding on all; and (iv) such owners may exercise the rights provided by this Declaration as they may choose among themselves, provided, however, that each Parcel shall be entitled to only a single vote on any decision, which vote may be cast by any such owner and shall be binding on all. The term "vote" shall include, without limitation, any agreement or approval by an Owner. B. Parcel. "Parcel' shall mean and refer to each of Parcel H I and Parcel H. In the event of any future division or combination of a Parcel or Parcels, the resulting parcel or parcels (each a "Resulting Parcel") shall thereafter be deemed to be a Parcel or Parcels. C. Southerly Parcel. "Southerly Parcel' shall mean and refer to any Resulting Parcel that lies entirely on the southerly side of Fortune Park Road. D. Square Footage. "The square footage of the buildings located on Parcel HI and on Parcel H — Northerly Portion" shall mean the gross square footage of the existing buildings shown on the Plat. The gross square footage of the existing buildings shown on the Plat is: Parcel H 1: 2,578 square feet Parcel H —Northerly Portion: 1,400 square feet. 2. EASEMENTS. A. Declarant hereby grants and reserves the following easements to serve the Parcels, for the mutual benefit of the Owners: a. Mailbox. A perpetual, nonexclusive easement on Parcel H I for a mailbox or multiple mailbox unit for each Parcel, in substantially the location of the existing mailbox adjacent to the area shown as "Temporary Access Easement To Allow VDOT Vehicles to Turn Around (DB 4061, Pg 511)" on the Plat (the "Shared Mailbox Location'), and access thereto. Each Owner shall be responsible for the installation, repair, maintenance, and replacement of its own mailbox or multiple mailbox unit, at its own cost, except as otherwise provided in Section 3.13. b. Sign. A perpetual, non-exclusive easement for a shared sign structure and sign pad (collectively, the "Shared Sign Structure"), on Parcel H, adjacent to U.S. Route 29, in the location of the existing brick pillar sign and sign pad, and access thereto. The Owner of each Parcel may install and display one or more business or identification signs for such Parcel, including but not limited to signs of the tenants or other occupants of such Parcel, on the Shared Sign Structure. The Shared Sign Structure is located substantially as shown on the Plat and identified on the Plat as "Sign Pad". C. Utilities and Facilities. A perpetual, nonexclusive easement over, under and through Parcel HI and Parcel H for the existing utilities, communication facilities, and drainage structures serving the Parcels ("Utilities and Facilities"), and access thereto. Except as otherwise provided in Section 3.A for the drainage structures serving the Shared Parking Lot, each Owner shall be responsible for the repair, maintenance and replacement of the Utilities and Facilities serving such Owner's Parcel, at its own cost. Utilities and Facilities located on the southerly side of Fortune Park Road, if any, may be relocated as necessary or convenient for the installation or construction of any improvements on the southerly side of Fortune Park Road, by the Owner of the Parcel to be improved and at such Owner's own cost. B. Declarant hereby grants and reserves the following easements to serve the Parcels, excluding any Southerly Parcel, for the mutual benefit of the Owners of the Parcels served: a. Shared Parking and Access. A perpetual, nonexclusive easement for 54 parking spaces on, and ingress and egress over, the existing parking lot (together with parking stops and related curbing, the "Shared Parking Lot"), consisting of the paved parking areas and travelways located on Parcel Hl and Parcel H - Northerly Portion, but excluding the existing drive through lanes. Such existing paved parking areas and travelways are located substantially as shown on the Plat. Such existing drive through lanes are located substantially as shown on the Plat and are identified on the Plat as "DTL". The foregoing easement is intended to satisfy all of the requirements for shared parking as set forth in Albemarle County Code §§ 18-4.12.8(e) and 18- 4.12.10, and may be used by the Owners of the Parcels served by the easement, their respective tenants, and by the employees, guests, customers and invitees of such Owners, their respective tenants, or their successors. b. Garbage Enclosure. A perpetual, nonexclusive easement over Parcel H I for the existing dumpster pad and enclosure (the "Shared Garbage Enclosure"), and access thereto. The existing dumpster pad and enclosure are located substantially as shown on the Plat and are identified on the Plat as "DP". C. The easements established hereby are private and require private maintenance as set forth in this Declaration. NO MAINTENANCE OR COST WILL BE BORNE BY ALBEMARLE COUNTY, THE COMMONWEALTH OF VIRGINIA, OR ANY OTHER PUBLIC AGENCY. 3. SHARED MAINTENANCE AND TRASH DISPOSAL SERVICE. A. Shared Parking Lot, Frontage Landscaping Shared Garbage Enclosure. The Shared Parking Lot, together with the drainage structures serving the Shared Parking Lot (the "Parking Lot Drains"), the landscaping along the frontage of the Parcels adjoining U.S. Route 29 (the "Frontage Landscaping"), and the Shared Garbage Enclosure, shall be maintained by the Owners of the Parcels served by the Shared Parking Lot and the Shared Garbage Enclosure, and the costs of such maintenance shall be shared by such Owners pro rata, based on the square footage of the buildings located on Parcel HI and on Parcel H—Northerly Portion. In the event that such Owners mutually agree to install any parking lot signs, such signs shall thereafter be deemed to be part of the Shared Parking Lot. Maintenance shall be deemed to include, but shall not be limited to, repairs, replacements, striping, pavement markings, paving, sealing, snow and ice removal, trash and debris removal, weed removal, and trimming of bushes and vegetation. B. Shared Mount or Mailbox. In the event that one or more Owners mutually agree to install a shared mailbox mount or multiple mailbox unit for their shared use ("Shared Mount or Mailbox"), such Owners shall share the costs of maintenance of the Shared Mount or Mailbox based on the number of mailboxes allocated to each such Owner. Maintenance shall be deemed to include, but shall not be limited to, repairs, replacements, and painting. C. Shared Sign Structure. The Shared Sign Structure shall be maintained by the Owners of the Parcels, and the costs of such maintenance shall be shared by the Owners equally based on the number of Parcels; notwithstanding the foregoing, however, the Owner of Parcel H I shall be solely responsible for maintenance of the Shared Sign Structure, until such time as another Owner installs a sign on the Shared Sign Structure. Maintenance shall be deemed to include, but shall not be limited to, repairs, replacements, re -pointing, and painting. The Owner of each Parcel shall be solely responsible for the installation, repair, operation, maintenance, removal, and replacement of the signs for such Parcel, including but not limited to the signs of any tenants or other occupants, and shall be entitled to add to or otherwise modify the Shared Sign Structure from time to time, at such Owner's own cost, in order to accommodate such signs. Any addition to the Shared Sign Structure shall become a part of the Shared Sign Structure. Notwithstanding any other provision of this Section 3.C, the Owner of any Southerly Parcel may elect to remove all signs for such Southerly Parcel, if any, and abandon such Southerly Parcel's easement for use of the Shared Sign Structure by a written instrument recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. Following such removal of signs and abandonment of the easement, the Owner of such Southerly Parcel shall have no further rights or obligations under this Section 3.C. D. Trash Disposal Service. Each Owner, and any tenant or other occupant, of a Parcel served by the Shared Garbage Enclosure shall properly dispose of trash, garbage, and recyclables in one or more containers located in the Shared Garbage Enclosure. Reasonable efforts shall be 4 made to breakdown any cardboard boxes before placing the cardboard in the container(s). No garbage, trash, waste, or other materials may be placed in such container(s) that cannot be properly disposed of in such container(s) in accordance with applicable laws, ordinances, and regulations, or any requirements and guidelines of the trash disposal contractor. The cost of trash disposal ("Trash Disposal Service), which may include but shall not be limited to the provision of container(s), garbage collection, and recycling service, shall be shared by the Owners of the Parcels served by the Shared Garbage Enclosure pro rata, based on the square footage of the buildings located on Parcel H I and on Parcel H —Northerly Portion. E. Performance of Shared Maintenance and Trash Disposal Service. Maintenance as set forth in Sections IA, 3.B, and IC (the "Shared Maintenance"), and Trash Disposal Service as set forth in Section 3.13, shall be performed as determined by the Declarant, until the first to occur of the following: (i) the Declarant has conveyed all Parcels served by the Shared Parking Lot to an unrelated third party; or (ii) the Declarant has released its right to determine the performance of the Shared Maintenance and Trash Disposal Service under this Section 3.E, by a written instrument recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. Thereafter, the Shared Maintenance and Trash Disposal Service shall be performed as determined by the Owner of Parcel H 1. F. Minimum Shared Maintenance. Notwithstanding the provisions of Section 3.E, (i) maintenance of the Shared Parking Lot must be performed as reasonably necessary from time to time in order to cause the pavement to be serviceable, free of potholes and material cracks, and reasonably passable and open for ordinary use by passenger automobiles, and to cause the striping and pavement markings to be reasonably visible and unobstructed; (ii) maintenance of a Shared Mount or Mailbox must be performed as reasonably necessary from time to time in order to cause the Shared Mount or Mailbox to be in a safe and sightly condition and to conform to the applicable standards of the Virginia Department of Transportation and the U. S. Postal Service; w maintenance of the Shared Sign Structure must be performed as reasonably necessary from time to time in order to cause the Shared Sign Structure to be in a safe and sightly condition, and in compliance with applicable laws and ordinances; (iv) maintenance of the Parking Lot Drains must be performed as reasonably necessary from time to time in order to cause the Parking Lot Drains to be in working condition; (v) maintenance of the Frontage Landscaping must be performed as reasonably necessary from time to time in order to cause the Frontage Landscaping to be in safe condition, and in compliance with applicable laws and ordinances; and (vi) Trash Disposal Service must include at least weekly garbage collection at any time that a business is in operation on a Parcel served by the Shared Garbage Enclosure (collectively the "Minimum Shared Maintenance/Trash Disposal Service"). G. Owner's Responsibility. Without limitation, the Owner of each Parcel shall be solely responsible, at such Owner's own cost, for all maintenance, including but not limited to repairs and replacements, of the following located on such Owner's Parcel (i) drive through lane; (ii) sidewalks; (iii) parking lot lights; and (iv) landscaping, other than the Frontage Landscaping. H. Damage. Notwithstanding any other provision of this Declaration, in the event that an Owner, or the Owner's tenant, or such Owner's or tenant's employee, guest, customer or invitee, causes damage to the Shared Parking Lot, Parking Lot Drains, Frontage Landscaping, a Shared Mount or Mailbox, the Shared Garbage Enclosure, or the Shared Sign Structure, other than ordinary wear and tear, such Owner shall be required to repair such damage and bear the cost thereof exclusively, and seek any reimbursement that he deems appropriate from his own tenant, or his or his tenant's employee, guest, customer or invitee, and/or any insurance available to him. The foregoing shall include, but not be limited to, any utility work done in the Shared Parking Lot. If the source of the damage cannot be identified, then the repair shall be carried out, the cost of such repair shall be paid as otherwise provided in this Declaration, and reimbursement may be sought from available insurance, if any. 4. ASSESSMENT. A. Shared Maintenance and Trash Disposal Service. The costs of Shared Maintenance and Trash Disposal Service shall be assessed against a Parcel by written notice to the Owner of such Parcel. Such written notice may be given by the Owner responsible for performing the Shared Maintenance or Trash Disposal Service, or by any other person or entity performing the Shared Maintenance or Trash Disposal Service, and an invoice shall be a sufficient written notice. Without limitation, the assessment may be made prior to the commencement or completion of the Shared Maintenance or Trash Disposal Service. B. Minimum Shared Maintenance. Notwithstanding any other provision of this Declaration, any Owner obligated to share in the cost thereof shall have the right to perform any Minimum Shared Maintenance/Trash Disposal Service after giving the Owner responsible for performing the Minimum Shared Maintenance/Trash Disposal Service at least thirty (30) days written notice specifying the required Minimum Shared Maintenance/Trash Disposal Service; or at any time in the event of emergency, provided that notice specifying the required Minimum Shared Maintenance/Trash Disposal Service is given within a reasonable time and in a manner which is reasonable under the circumstances. The costs of Minimum Shared Maintenance/Trash Disposal Service shall be assessed against a Parcel by written notice to the Owner of such Parcel. Such written notice may be given by the Owner or any other person or entity performing the Minimum Shared Maintenance/Trash Disposal Service, and an invoice shall be a sufficient written notice. Without limitation, the assessment maybe made prior to the commencement or completion of the Minimum Shared Maintenance/Trash Disposal Service. C. Payment of Costs of Shared Maintenance and Trash Disposal Service. Each Owner shall be personally liable and responsible for his share of the costs of Shared Maintenance and Trash Disposal Service assessed during his ownership of a Parcel, whether performed before or after such assessment; provided however that no Owner shall be personally liable for any assessment for Trash Disposal Service attributable to service provided after such Owner has ceased to own his Parcel. Each Owner shall pay his assessment to the Owner performing the Shared Maintenance or Trash Disposal Service, or to another person or entity performing the Shared Maintenance or Trash Disposal Service. Payment shall be due upon such Owner's receipt of the written notice or by such later date as may be specified by the notice of assessment. D. Failure to Pay Assessment. If any Owner fails to pay an assessment when due, any other Owner obligated to share in the cost of the applicable Shared Maintenance or Trash Disposal Service, or the person or entity performing the applicable Shared Maintenance or Trash Disposal Service, may bring a civil action against such delinquent Owner for collection and/or to foreclose the lien provided for below against such delinquent Owner's Parcel. The amount due from any n. delinquent Owner shall bear interest at the judgment rate provided by law from the date when payment was due; and the delinquent Owner shall be liable to pay all costs of collection, including court costs and reasonable attorney's fees, incurred at all levels of proceedings, including bankruptcy. E. Lien for Assessment. There shall be a continuing lien upon each Parcel to secure the payment of all assessments under this Declaration. Such lien shall be subject to any first or second mortgage or deed of trust securing an institutional lender placed on any Parcel at any time until notice of the lien for the delinquent assessment has been recorded as set forth in this Section 4.E, and shall be enforceable in the same manner as a mortgage. If any assessment is not paid by the Owner of a Parcel within thirty (30) days after the assessment becomes due and payable, any other Owner obligated to share in the cost of the applicable shared maintenance or Trash Disposal Service, or the person or entity performing such Shared Maintenance or Trash Disposal Service, may record a notice of the lien for the delinquent assessment as to such Parcel in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, after giving the delinquent Owner at least fifteen (15) days prior written notice of intent to do so. From the time such notice is recorded, the amount stated in the notice, together with interest at the judgment rate provided by law from the date when payment of the assessment was due, and all costs of collection, including court costs and reasonable attorney's fees, incurred at all levels of proceedings, including bankruptcy, shall become a lien prior to any first or second mortgage or deed of trust recorded subsequent to the date of recording of such notice. 5. UPGRADES. There shall be no obligation to upgrade the Shared Parking Lot, Parking Lot Drains, Frontage Landscaping, Shared Garbage Enclosure, or any Shared Mount or Mailbox to a superior condition unless all Owners agree in writing. Notwithstanding the foregoing, any Owner shall have the right to upgrade the Shared Parking Lot, Parking Lot Drains, Frontage Landscaping, Shared Garbage Enclosure, or any Shared Mount or Mailbox at such Owner's own cost so long as such upgrade does not materially adversely affect, or increase the costs of maintenance of, the property of any other Owner. Any Owner so upgrading without the requisite agreement shall additionally be solely responsible for any increase in the costs of Shared Maintenance attributable to such upgrade and all of such increase shall be assessed to such Owner in the manner set forth in Section 4.A or Section 4.13, as applicable, and, if not paid when due, subject to collection and to enforcement of the lien as set forth in this Declaration. 6. TEMPORARY MAINTENANCE EASEMENT. Each Owner shall have a nonexclusive temporary maintenance easement over Parcel H I and Parcel H — Northerly Portion for the purposes of the Shared Maintenance as provided for in this Declaration. The temporary maintenance easement shall be exercised only as reasonably necessary from time to time and shall not prevent, limit, or interfere with the location of any building or structure now or hereafter located on any Parcel consistent with an approved site plan, whether now existing or hereafter approved. 7. NOTICES. Any notice required or permitted under this Declaration shall be sufficient if sent to the Owner's address of record as shown in the real estate tax records for the County of Albemarle, Virginia by: I) United States certified mail, postage prepaid, return receipt requested, 2) hand delivery, or 3) overnight courier service such as Federal Express or similar; and such notice shall be deemed received on the earlier of the date that it is hand delivered, delivered by such 7 overnight courier service at the delivery address, or five (5) business days after it has been so sent by United States certified mail. 8. MISCELLANEOUS. A. Binding Effect• Construction. All of the private easements created hereby and the provisions, covenants, agreements and restrictions hereof shall run with the land and be binding upon and inure to the benefit of the Owners and their respective heirs, successors and assigns. All pronouns shall be construed to be of such number and gender as the context may require. The headings of the sections, subsections, paragraphs and subparagraphs of this Declaration are provided for convenience or reference only, and shall not be considered in construing their contents. All references to sections or paragraphs are to the sections or paragraphs of this Declaration, except as otherwise expressly provided. When the context in which words are used in this Declaration indicates that such is the intent, words in the singular number shall include the plural and vice versa. B. Limitation. Nothing in this Declaration transfers or shares the obligation to maintain any drainage systems, sidewalks, asphalt, curbing, striping, pavement marking, signs, structures, or buildings that are now or may be hereafter located on a particular Owner's separate Parcel, except as expressly set forth herein. C. Amendment of Declaration. Any provision of this Declaration may be terminated or amended only by written instrument executed by the record owners of all of the Parcels (at any time that there are three (3) or fewer Parcels), or the record owners of a simple majority of the Parcels (at any time that there are four (4) or more Parcels), which must include all Parcels affected by such termination or amendment; and any mortgagees whose rights are specifically affected by such termination or amendment. The amendment or termination of any provision of this Declaration shall not require mortgagee consent or execution of a written instrument by any mortgagee, except as otherwise expressly set forth in this Section 8.C. D. Title Matters. The easements established hereby are made expressly subject to easements, restrictions, conditions, and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the Parcels, which have not expired by limitation of time contained therein or have not otherwise become ineffective. E. Estouael Certificate. Each Owner shall, upon not less than fifteen (15) days prior written notice from any other Owner, execute and deliver to the requesting Owner a statement in writing certifying, to the best of his knowledge, the current status of all Shared Maintenance, Trash Disposal Service, and assessments, and certifying such other matters related to this Declaration as may be reasonably requested. Such statement shall be in a form reasonably acceptable to both parties. F. Consent of Lender and Trustee to Subordinate Lien. By Deed of Trust dated December 3, 2012, recorded December 3, 2012 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4269, page 440 (the "Deed of Trust"), Declarant conveyed the Property to Trustee to secure outstanding obligations owed to Lender, as beneficiary, as more particularly set forth in the Deed of Trust. Lender and Trustee, at the direction of Lender, join 8 herein to consent to this Declaration and to subordinate the lien of the Deed of Trust to this Declaration. Except as herein provided, the Deed of Trust shall continue and remain in full force and effect as a lien on the Property. WITNESS the following duly authorized signatures and seals. [Signature pages follow.] GANAPATI, LLC BY (SEAL) Siddharath C. ripathi, Manager STATE OF VIRGINIA CITY/6gbW4*OF Vi fie , to -wit: The foregoing instrument was acknowledged before me this � day of �ttrW, 2021, by Siddharath C. Tripathi, Manager, on behalf of Ganapati LLC, a Virginia limited liability company. i NotaryPublic [SEAL] My commission expires: Notary registration number:PW BLUE RIDGE BANK, N.A. y: / �i (SEAL) ame: 7H•11EL 7 os/lou, 7Z Title: M A2,re/ STATE OF VIRGINIA CITY/COUNTY OF NLe Wo r-+�P_ , to -wit: The foregoinHyHy instrument was acknowledged before me this '�) day of It 4 , 2021, by ,JIE(- T. A4t-< bev17Z ItAz&-er P�erz,e T (title), on behalf of Blue Ridge Bank, N.A. 0 Aota Public My commission expires: Notary registration number: —1 Let. Z 5 11 [SEAL] PUBLIC • o MY COMMISSION' EXPO IRES � e 2131/2024 ; • 2 ; STATE OF VIRGINIA CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this 6 day of �u I�/ 12021, by Robert S. Janney, Trustee. (" M. Ao�- of ry P I c My commission expires: 1' 0ty 31, c2a Ll Notary registration number: 7183 V 12 [SEAL] TTITBLIC 7183921[ME OF VIRGINIAES MAY 31 � 2024 EXHIBIT A All that certain parcel of land designated as Lot W containing 2.003 acres, more or less, as shown on plat by Roudabush, Gale & Associates, a professional corporation, dated October 24, 1996, last revised April 15, 2003, entitled "Plat Showing Lot W, a 2.003 Acre Portion of Tax Map 32, Parcel 42G and 2.000 Acres Known as Tax Map 32 Parcel 42H, to be Added to and Become a Portion of Tax Map 32, Parcel 42G, Located on U.S. Route 29 near Forest Lakes North, Albemarle County, Virginia," recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 2464, pages 27 and 28; LESS AND EXCEPT, HOWEVER, 0.197 acre, more or less, dedicated for public use for a public street or highway by deed of dedication to the County of Albemarle dated June 12, 2011, and recorded in said Clerk's Office in Deed Book 4061, page 500, all as more particularly shown on a plat by Residential Surveying Services dated October 6, 2010, entitled "Plat Showing Dedication for Public Use Located on T.M.P. 46134-IC and T.M.P. 32- 42H, Rivanna District, Albemarle County, Virginia," recorded in said Clerk's Office in Deed Book 4061, page 508, said street is currently known as Fortune Park Road; BEING a portion of the property conveyed to Ganapati, LLC, a Virginia limited liability company, by deed from Paul H. Wood, as successor trustee of the Holly Memorial Land Trust, dated March 17, 2005, recorded in said Clerk's Office in Deed Book 2948, page 709. 13 EXHIBIT B [Plat] 14