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Home My WebLink AboutWPO202000038 Other 2021-07-28Instrument Type Instrument # Book/Page: # Plat Pages: 1 st Grantor 1st Grantee Consideration: Item # Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: 30AIP CHARLOTTESVILLE, LLC Cashier: EMJ DE 202100011038 0556210328-00347 Pages:20 1 REALTY INCOME PROPERTIES 21 LLC 30AIP CHARLOTTESVILLE LLC 0.00 Value: 0.00 Receipt # : 2021-082653 Date : 06/23/2021 02:20pm Document: 1 of 1 N Grantee Ex: N Pct : 100.00% 1 st City: Y Unit Cost Extended 213 Tax Grantee/Local 1 0.00 0.00 035 VOF 1 3.00 3.00 301 Clerk 11-30 Pages 1 28.50 28.50 145 VSLA 1 3.50 3.50 106 TTF 1 6.00 5.00 301 Clerk Fee 1 13.50 13.50 145 VSLA 1 3.50 3.50 106 TTF 1 5.00 5.00 035 VOF 1 3.00 3.00 Document 1 65.00 Grand Total 65.00 Check 65.00 4613066 Balance 0.00 Customer Copy VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA, CODE §§ 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Iiistl ument Date:. 6 / 7 / 2 0 21 ............................................... Instrument Type:.11!� ............................................................. Number of Parcels:......?....... Number of Pages:....,, l"P [ ] City N County .ALBEMARLE CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: [ ] Grantee: Business/Name RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG FILED Jun 23, 2021 AT 02:20 pm BOOK 05562 START PAGE 0328 END PAGE 0347 INST# 202100011038 TOTAL NUM PAGES 20 EMJ (Area Above Reserved For Deed Stamp Only) ........ 1...... X Grantor: REALTY... INCOME PROPERTIES 2.1.!.. LLC ............................................................................................................................................... ..... ............I....................... . ................. Grantor:...................................,..................................,...,.......................................................................................... ........1 X Grantee: 30AIP ,CHARLOTTESVILLE, LLC ................................................................................................................................................................................ 2 ALBEMARLE COUNTY SERVICE AUTHORITY X Grantee: Grantee Address Name: 30AI.P.CHARLOTTESVILLE, LLC ............................................................................................................................................................................................................................................................... Address:,2050 COUNTY HIGHWAY 30A WEST, BUILDING M-1, UNIT 228 ..................................................................................................................................................................................................1.... city: .SANTA, ROSA.... BEACH .................................. State:...... FR.... Zip COde:.32959............................... Consideration: $0:.°.°........................ Existing Debt:n.:.H..... I...................... Actual Value/Ass tuned: .$0... 0°........................... PRIOR INSTRUMENT UNDER,¢ 58.1-803(D). Original Principal:.$,0: 00 Original Book No.: Fair Market Value Increase; ,$0.,00 ............................. Original Page No.: Original Instrument No.: Prior Recording At: E j City Count........................................................... Percentage In This Jurisdiction:.,00� Boole Number: ............................ Page Number:......................... Instrument Number:......,...,............................... Parcel Identification Number/Tax Map Number: .oelzo-o3-oo-olzoo Short Property Description: CurrentProperty Address: .............................................................................................................. City: S!A L0.TT.E9VILLE............ I ....................... .S"tate:..... up...,.. Zip Code: 22901 Instrument Prepared By: DUTSIDE OF VIRGINIA Recording Paid By: 30AIP CHARLOTTESVILLE, LLC ...... .............,............................................I............. Recording Returned To: STEWART... TITLE GUARANTY COMPANY Address: ,17,0.7 L STREET NW SUITE 290 MAS INGTON City: ............................. .1.1.............. State: ....... °C..... Zip Code: zoo36 FORM CC-1570 (MASTER, PAGE ONE OF TWO ) 10119 0 Copyright 2014 Office of the Executive Secretary, Supremo Court of Virginia. All rights reserved. Cover Sheet A VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223.-227.1, -249 FORM C — ADDITIONAL PARCELS 6/7/ Instrument Date: .................................2021 ........................ I........... Instrument Type DE ............................... Number of Parcels: ...... ....... Number of Pages:..... A.7...... [ ] City M CountyALBEMARLE .................I...I............................................. CIRCUIT COURT Parcels Identification/Tax Map Prior Recording At: [ ] City [ ] County .............................. Percentage In This Jurisdictien:.... loo� Book Number: ............................ Page Number:....,.... Instrument Number: .................................................. Parcel Identification Number (PIN)/I'ax Map Number; , 061.00-00-00-134AO Short Property Description: Current Property Address: City: .CEARLOTTESVILLE ................I.......I.................... Prior Recording At: [ ] City [ ] County Book Number :..................... Page Number: Parcel Identification Number/Tax Map Number: Short Property Description: ............................................ Current Property Address: City: (Area Above Reserved ror Deed Stanip Only) State: ...... YA ..... Zip Code: ,22e91 Percentage In This Jurisdiction: Instument Number: State: ................. Zip Code: FORM CC-1570(MASTER, PAGE TWO OF TWO )10/19 0 Copyright 2014 Offioo of the Executive Secretory, Supromn Court of Virginia. All rights rosoved.. Cover Sheet C After recording return to: Stewart Title Guaranty Company 1707 L Street NW, Suite 240 Washington, DC 20036 Albemarle County Tax Map Parcels 61Z-3-12 and 61-134A DEED OF EASEMENT SANITARY SEWER THIS DEED OF EASEMENT ("Easement') is made this 7th day of June, 2021, by and between REALTY INCOME PROPERTIES 21, LLC, a Delaware limited liability company, whose address is 11995 EI Camino Real, San Diego, California, 92130 ("Grantor"), 30AIP CHARLOTTESVILLE, LLC, a Virginia limited liability company, whose address is 2050 West County Highway 30A, Suite M1-228, Santa Rosa Beach, Florida 32459, Attention: Travis Meyer, ("First Grantee"), and, ALBEMARLE COUNTY SERVICE AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Service Authority" or "Second Grantee"), whose address is 168 Spotnap Road, Charlottesville, Virginia, 22911 (First and Second Grantees are also referred to, collectively, as "Grantees"). WITNESSETH: WHEREAS, Grantor is the owner of that certain property more particularly described on Exhibit A attached hereto and made a part hereof hereafter ('Burdened Parcel'); WHEREAS, First Grantee is the owner of that certain property described on Exhibit B attached hereto and made a part hereof (the "Benefitted Parcel; the Burdened Parcel and the Benefitted Parcel may each be referred to herein as a "Parcel'); and 3796497-6 12370.0025000 WHEREAS, First Grantee desires to construct or have constructed a sanitary sewer line, manholes and related facilities (collectively, the "Easement Facilities") to extend public sanitary sewer service to the Benefitted Parcel; and, WHEREAS, the Service Authority is willing to accept the Easement Facilities after the same have been constructed in a lawful manner to its specifications, but not before, and, WHEREAS, the Grantor is willing to grant and convey a temporary non-exclusive easement to the First Grantee and its agents, employees and contractors, to permit them to construct and install the Easement Facilities at First Grantee's sole cost and expense for the use of the public; and is further willing to convey to the Service Authority a perpetual non-exclusive easement across its land, for the maintenance and operation of such Easement Facilities, which easement is to be accepted by the Service Authority at such time as the Easement Facilities shall be accepted by it for maintenance as being constructed in accordance with its specifications. NOW THEREFORE, for and in consideration of the sum of One Dollar ($ 1.00), and other good and valuable consideration, the receipt of which are acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY unto the First Grantee, its successors and assigns, a non-exclusive temporary construction easement and temporary right-of-way located ten feet (10') on eachside of the Easement Area (as hereinafter defined) in order to perform construction of the Easement Facilities (as hereinafter defined) (the "Temporary Construction Easement") (a) as is, where is, with all faults; (b) Grantor [Hakes no representations or warranties of any kind, either express or implied, with respect to the Temporary Construction Easement or the Burdened Parcel or the condition thereof; and (c) the rights granted by this Deed of Easement are subject to all matters of record and applicable laws to which the Burdened Parcel is subject and any information which a survey or physical inspection of the Burdened Parcel might disclose as of the date hereof; 3796497-6 12370.0025000 provided, however, the Temporary Construction Easement shall be the area labeled on Exhibit D attached hereto and made a part hereof. FURTHERMORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and First Grantee do hereby GRANT, BARGAIN, SELL and CONVEY, unto the Second Grantee, its successors and assigns non-exclusive perpetual rights -of -way and easement, as is, where is, with all faults, without any representations or warranties of any kind, either express or implied, with respect to the Easement Area as defined below, or the condition thereof; the rights herein granted are subject to all matters of record, applicable laws to which the Property is subject, and to any information which a current survey or physical inspection of the Burdened Parcel might disclose. This Easement is conveyed solely for the purposes of permitting the constructing, installing, maintaining, repairing, replacing and extending the Easement Facilities thereto on, over, under and across the areas labeled "New 20' ACSA Utility Easement" and "New ACSA Utility Easement" (collectively, the "Easement Area") depicted on that certain plat, a draft of which is attached hereto as Exhibit C, made a part hereof (the "Easement Plat"); PROVIDED HOWEVER, that (i) Grantees shall have no right to park vehicles, store equipment or materials on the Burdened Parcel except during periods when any Grantee is performing any construction, installation, maintenance, repair or replacement to the Easement Facilities located within the portion of the Easement Area on the Burdened Parcel; (ii) all Easement Facilities shall be installed underground except for such above -ground meter boxes, manholes and other accessories typically installed above -ground; provided, however, no such above -ground meter boxes, manholes or other accessories shall be located on the Burdened Parcel unless the same exist as of the date of this Easement, and (iii) it is expressly understood and agreed that the Service Authority shall not be 3 37%4976 12370.0025000 deemed to have accepted the conveyance set forth herein until such time as the same have been evidenced by the affirmative acceptance thereof in accordance with the usual and customary practices of the Service Authority. So long as the final version of the Easement Plat is materially consistent with Exhibit C and makes reference to this Easement, each party to this Easement and the beneficiary of any deed of trust (if any) against such party's Parcel shall execute and approve the same upon request and consent to the recording of the Easement Plat. Upon the recording of the final Easement Plat, this Easement shall be automatically amended to replace Exhibit C with the recorded Easement Plat and any reference herein to such exhibit shall be automatically replaced with a reference to such recorded plat. The Temporary Construction Easement shall terminate upon the earlier of either the completion of the construction and acceptance of the sanitary sewer line(s) into the Service ,Authority's system or December 31, 2021, whichever occurs first. Any and all work in connection with the initial installation of the Easement Facilities on the Burdened Parcel shall take place only outside of the normal hours of the business operating on the Burdened Parcel and access to the Burdened Parcel shall remain open at all times. Any work performed on the Burdened Parcel pursuant to the rights granted in this Easement shall be performed in a good and workmanlike manner in accordance with all applicable laws, rules, regulations and ordinances and once commenced shall be pursued diligently to completion, at the expense of the party performing such work. Upon the completion of any work performed on the Burdened Parcel pursuant to the rights granted in this Easement, the party performing such work (the "Responsible Party") shall promptly restore any portion of the Burdened Parcel disturbed as a result of such work to as near as is reasonably practical to the condition that existed immediately prior to the commencement of such work; provided, however, 4 3796497-6 12370.0025000 if the Service Authority (or its successors or assigns) is the Responsible Party, then there is no obligation for the Responsible Party to replace any trees, buildings or other significant structure within the Easement Area, and if any such replacement is necessary the First Grantee (or its successors or assigns) shall be responsible. In furtherance thereof, the Responsible Party shall be responsible for (a) replacing any landscaping (including, without limitation replacing any sod in grassed areas and repairing damage to any sprinkler systems) removed by the Responsible Party during the performance of such work; provided, however, in the event the Service Authority (or its successors or assigns) is the Responsible Party, then the Responsible Party shall not be responsible for replacing any landscaping and, in such event, First Grantee (or its successors or assigns) shall instead be responsible for the replacement thereof, (b) repairing and resurfacing any paved areas that are damaged by the Responsible Party during the performance of such work and (c) repairing any existing water, sewer and electric lines that are damaged by the Responsible Party during the performance of such work. The restoration obligations set forth in this paragraph shall survive the expiration or termination of the Easement with regard to damage that occurs prior to expiration or termination. First Grantee agrees to indemnify, defend and hold Grantor harmless from any and all claims, liability, liens, loss, expense or damage, including damages or injury to any person or to real or personal property, together with reasonable attorney's fees and related costs and expenses, arising out of, or resulting from the exercise by Grantees of the easement rights granted herein, including any entry upon the Burdened Parcel by Grantees, their agents, employees, or contractors arising in connection with the activities related to this Easement. This indemnification (a) shall survive the expiration or termination of the Easement; (b) shall not be limited by reason of any insurance carried by Grantee, Grantor, or any tenant of the Property; and (c) shall extend to any 3796497-6 12370.0025000 tenant or occupant of the Burdened Parcel. Prior to First Grantee's entry upon the Easement Area, First Grantee shall furnish Grantor with a certificate of liability insurance naming Grantor as certificate holder and additional insured, together with evidence of First Grantee's worker's compensation insurance coverage. The Grantor, its successors or assigns, agrees that trees, buildings, or other significant improvements or construction shall not be placed within the Easement Area. As a part of these easements, the Grantees shall have the right to enter upon the Burdened Parcel for the limited purpose of ingress and egress to the Easement Area thereto as is reasonably necessary to exercise the rights granted herein. The easements provided for herein shall include the right of the Grantees to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sanitary sewer line installation, operation and maintenance. First Grantee shall reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged from within the Easement Area Upon the completion of the Easement Facilities and acceptance into the Service Authority's system, the Easement Facilities shall be the property of the Service Authority, which shall have the rights and obligations, described herein. Grantor reserves the right to make use of the Burdened Parcel subject to the rights granted, which use shall not be inconsistent with the rights hereby granted and conveyed. Future notices regarding the Easement as to the Grantor shall be directed only to: Realty Income Corporation, Attn.: Legal Department, 11995 El Camino Real, San Diego, CA 92130, Telephone: (858) 284- 5000. 6 3796497-6 12370.0025000 This conveyance is made subject to ad valorem property taxes for the current and subsequent years, easements, rights of way, restrictions and conditions of record and matters visible from an inspection or reflected on an accurate survey, any local, county, state, or federal laws, ordinances or regulations relating to zoning, enviromnent, subdivision, occupancy, use, construction or development, including existing violations of said laws, ordinances or regulations. If the use of the Easement is discontinued or abandoned for the purposes herein granted, the Easement shall, without notice, demand or re-entry, revert to Grantor, its successors and assigns. In such event, upon the request of Grantor, Grantee shall convey the Easement Area by Quitclaim deed to Grantor. Grantor shall have the right, at its sole option and expense, to relocate the Easement to a location of Grantor's choosing on the Burdened Parcel, provided that (i) such relocation does not materially and adversely interfere with the continued use of the Easement Facilities or the performance thereof at the capacity which exists immediately prior to such relocation; (ii) such relocation shall be subject to the Service Authority's prior written approval; and (iii) in connection with such approval, First Grantor and Grantee shall execute any documents required by the Service Authority to effectuate the Easement relocation and reflect the new location. Notwithstanding the foregoing, Grantees and Grantor hereby agree and acknowledge that (i) this Easement is being entered into so that Grantees may connect to certain improvements on the Burdened Parcel, which improvements are operated by the Service Authority pursuant to that certain Sanitary Sewer Easement dated October 14, 1991, recorded in Book 1183, Page 341 in the land records of Albemarle County ("Existing Easement"); (ii) in the event of a conflict between the Existing Easement and this Easement prior to the completion of the installation of the Easement Facilities, the terms of this Easement shall control; and (iii) in the event of a conflict between the 7 3796497.6 12370.0025000 Existing Easement and this Easement from and after the completion of the installation of the Easement Facilities, the terms which are more favorable to Grantor shall control. [SIGNATURES FOLLOW ON PAGES 9 THROUGH 11) 3796497-6 12370.0023000 WITNESS the following duly authorized signatures and seal. Grantor. REALTY INCOME PROPERTIES 21, LLC, a Delaware limited liability company By: Realty Income Corporation, a Maryland corporation, its sole and managing member Approved Fomt By: r egal D p rimers Named Chun Title: SVP, Investments & Head of Asset Management Tehrsnl ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On May 13 , 2021 before me, D. Petroff , Notary Public, personally appeared TJ Chun , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my an and official seal. s,,,. + D. PETsoFF Notary Publk - California San Diego County i { E Commission A 1140152 My Comm, Expires Jun 16, 2022 Signature of Notary Public (Notary Seal) 3796497.6 12370.0025000 First Grantee: STATE OF ) )Ss: COUNTY OF ( inn ) to wit: 30AIP Charlottesville, LLC, a Virginia limited liability company The foregoing instrument was acknowled ed before me this° day of 2021, by as Rcwaajjr of 30AIP Charlotte vill LLC, a Virginia limited liability compan , on behalf of the oration, who is personally known to me or has produced a driver's license as identification. My commission expires: *4 (SEAL) W"ft� Notary Public stele of Florae Holly D. Makekau ,e&. g Y oF' My Comm "'M NH 026022 Expires O01002024 1 .t.II/' i ,l a .� Certificate Number: R4 (Jai( Q_Q 10 3796497-6 12370.0025000 Second Grantee: Lm COMMONWEALTH OF VIRGINIA, COUNTY OF ALBEMARLE, to wit: COUNTY SERVICE AUTHORITY Executive The foregoing instxument was acknowledged before me this day of ��' 2021, byQi w e2 O(( as Executive Director of the Albemarle Cou ty Service Authority. My commission expires �2 (SEAL) DEBORAH M. GRADY NOTARY PUBLIC REGISTRATION #7173337 COMMONWEALTH OF VIRGINIA MY COMMIS6ION EXPIRES March 31, 2024 11 3796497-612370.002600D Notary Public Not ID._% ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDER The undersigned hereby acknowledges and consents to the recordation of the foregoing Deed of Easement, Sanitary Sewer (the "Deed of Easement"), and to the imposition of the covenants, conditions, and, restrictions set forth therein upon the Burdened Parcel and Benefitted Parcel and expressly acknowledges and agrees that the lien, operation and effect of the Deed of Trust dated October 2, 2020, recorded October 9, 2020, as Instrument # 202000014186 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in favor of Progress Bank and Trust, Stewart Trustee Services, LLC, as Trustee, and recorded for the benefit of the undersigned is hereby made subordinate to this Deed of Easement. The undersigned has joined herein solely for the purposes set forth above and for no other or further purposes whatsoever. The undersigned expressly disclaim any liability or obligation whatsoever with regard to the preparation, drafting, substance or content of this Deed of Easement. STATE OF PROGRESS BANK AND TRUST, ar Alabama banking corporation By: (SEAL) Print Name: �'.har 1es R Kj,.g Lr Title: v p. S or 4�wd�7 to -wit: We foregoi instrument was acknowledged before me this { day of 2021, by �1 mil-,M, 5VPI aftmr L-PA&C for PROGRHSS BANK AND TRUST, an Alabama b ing corporation, on behalf of the corporation. My commission expires: « U'L Registration No.: . otary Public WIMe . ... •'�'��'W `9• LILLIAN E. TERRY :'• " `•"" :•� My COff MISS1011 Expires . wauc,.•ij August 17, 2022 12 3796497-6 12370.0025000 Exhibit A Leeal Description of Burdened Parcel All that certain truct or parcel of land, siWale in the Charlottesville Magisterial District of Albemarle County, Virginia, containing 6.80204 acres, as shown and designated as Lot 7 on a plat by B. Aubrey Hullman mid Associates. Ltd.. dated December 2, 1986 and entitled "Subdivision Plat Showing Branchland" recorded in live Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Dcod Book 933. Pages 562 to $69. BEING the same real estate conveyed to lays "R" Us, Inc. a Delaware corporation, by deed from the Centre at Branchlands Partnership, a Virginia Partnership, dated July 30, 1091, recorded August 1, 1991 in Deed Book I1K Page 351 among tare land records of Albemarle County, Virginia. LESS AND EXCEPT Parcel C, containing 1.613 acres, more or less, as shown on plat entitled "Plat Showing Subdivision of Parcel C Being a Portion of Tax Map 61Z-3-12 at Branchlands, Charlottesville Magisterial District, Albemarle County, Virginia, made by Roudabusch, Gate and Associates, Surveyors, Planners, Enghvern, dated July 26, 1994, said plat is recorded in the Clerk's Office, Circuit Court, Albemarle County, Virginia in Plat Book 1469. Page 146 for a more particular description of Parcel C. Being the same real estate conveyed to Realty Income Properties 21, LLC, a Delaware limited liability company, by special warranty deed from TRU 2005 RE 1, LLC, a Delaware limited liability company, dated January 13, 2020, recorded January 22, 2020 as Instrument # 202000000752 among the land records of Albemarle County, Virginia. 13 3796497.6 12370.0025000 Exhibit B Legal Description of Benefited Parcel All that certain tract or parcel of land situated in Albemarle County, Virginia, about three (3) miles north of Charlottesville, Virginia, fronting 126.9 feet on the easterly or northeasterly side of U.S. Route No. 29, North. containing 0,926 acre, more or less, and shown as parcel No. 2 on plat made by T. W. Saunders, dated September 20. 1956, of record in the Clerk's Office of the Circult Court of Albemarle County in Deed Book 327, page 228, and being in all respects the same properly conveyed to Betty Sanford Lllley (fonnedy Belly Sanford) and M. M. Williams by deed of W. M. Mayo, Jr., dated October 1, 1966. and of record In the aforesaid Clerk's Office in Deed Book 327, page 227. By deed dated October 1, 1956, of record In the aforesaid Clerk's OBice in Deed Book 327, page 231, the said M. M. Williams and Betty Sanford conveyed the said property to M. M. Williams, Betty Sanford and Sally Sanford as joint tenants. By deed dated June 15, 1957, of record In the aforesaid Clerk's Office in Deed Book 334, page 468, the said M. M. Williams conveyed all of her interest in this property to Betty Sanford and Sally Sanford. Subsequently thereto, Betty Sanford married Eric F. Lllley. LESS AND EXCEPT: DESCRIPTION OF LAND TO BE DEDICATED TO THE COMMONWEALTH OF VIRGINIA FOR PUBLIC USE, WHICH IS LAND CURRENTLY OWNED BY ALBEMARLE BANK AND TRUST COMPANY AND LOCATED IN ALBEMARLE COUNTY, VIRGINIA: BEGINNING AT A POINT IN THE SOUTHWESTERN LINE OF PROPERTY CURRENTLY OWNED BY ALBEMARLE BANK AND TRUST COMPANY AND DESIGNATED BY ALBEMARLE COUNTY AS TAX MAP 61 AND PARCEL 134A, WHICH IS S 42°48'10" E 6.92 FEET FROM AN IRON PIN FOUND IN THE SAME PROPERTY LINE AND IS A CORNER OF THE ADJOINING PROPERTY CURRENTLY OWNED BY CAVALIER COUNTRY BANK AND DESIGNATED BY ALBEMARLE COUNTY AS TAX MAP 61 AND PARCEL 134. THENCE N 42048'10" W 11.86 FEET, PASSING SAID IRON PIN FOUND AT 6.92 FEET AND LEAVING SAID LINE WITH CAVALIER COUNTRY BANK, TO POINT. THENCE N 35000'00" E 125.56 FEET TO POINT. THENCE S 55011'57" E 10.78 FEET PASSING AN IRON PIN FOUND AT 5.45 FEET, WHICH IS A CORNER OF THE ADJOINING PROPERTY CURRENTLY OWNED BY J.C. PENNEY PROPERTIES, LLC AND DESIGNATED BY ALBEMARLE COUNTY AS TAX MAP 61 AND PARCEL 129 AND ALSO DESIGNATED AS FASHION SQUARE DRIVE (PRIVATE) TO A POINT IN SAID J.C. PENNEY PROPERTIES, LLC LINE. THENCE, LEAVING SAID J.C. PENNEY PROPERTIES, LLC LINE AND CREATING A NEW RIGHT OF WAY LINE, S 34°38'09" W 128.11 FEET TO THE POINT OF BEGINNING, HAVING AN AREA OF 1,418 SQUARE FEET OR 0.033 ACRES, 14 3796497-6 12370.0025 W 0 Exhibit C Sewer Easement Plat Me '�" m row' U� irnuvwe fnu m, w num, a,wmw V9. AOUTf ✓R LL $ z (wed. w'xr ��{p.�y9 xvr-a� ry Y[.e��wnwnz p{, nidiu a/ri n' un'irM m., 0W'i319 .w.o,smwmno-�. O{ exffrlarl 15 379649M 1237D.00250D0 Exhibit D Temnorary Construction Easement SENNODS TRe¢ PO 0J3 ' ti041 U.S. ROUTS 29 %4 VAR. WIDTH PUBLIC RIGNi-OF-WAY 300'+/ TO BW1NO aj N 34'52'J2" E 230.72' EX. SANITARY SEWER - EASEMENTS J 06 933 PG 559 DO 1469 PG 148 W/ � m / o B 2V4OJ9J9' W I^ 2 .22' 77E INTO EXISTING o -NBIF 20' ACSA S4NITARY SEWER UT6HY ZASRMSNT MANNOLD "t' 353 SF N" AO' TRMPORARP CONSMUCITON h RTGRr-OP-WAr EASKURM 1,518 SF TMP 61Z-8-12 TMP 61Z-3-124 REALTY INCOME KIbCO, LLC PROPERTIES 21, INC DO 2047 PG 338 DO 5268 PC 579 0 20 40 OECBWffiR S 2020 KV.. I2/J/2020 SCU- 1" - 20' RLE- 19.1229 EXH/BITFOR w REALTY INCOME aE� �Ao„� 81e PROPERTIES 21, INC. SHOWING PROPOSED NEW EASEMENTS Rroasrnrcr, AceEMARLEcouNrY, wabmta 16 3796497.6 12370.0025000 INSTRUMENT # 202100011038 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Jun 23, 2021 AT 02:20 pm JON R. ZUG, CLERK by EMJ BOOK 05562 PAGE 0328 - 00347