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Home My WebLink AboutSUB201800186 Correspondence 2019-04-09 0, op; `�RctN1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-3088 Fax(434)972-4126 Date: April 9, 2019 Andy Herrick County Attorney's Office 401 McIntire Road, Charlottesville, VA 22902 Regarding: Project Name: Wawa Easement Plat(SUB201800186)—Signed and Notarized Easement Plat Date Submitted: April 8, 2019 Attached are signed and notarized signature copies of the easement plat referred to above. The signed and notarized deeds for this easement plat were previously transmitted for County approval/execution on March 26. Please note this easement plat (SUB-2018-00186) has not yet received final approval; although all outstanding review comments have been addressed and resolved, the Agent will wait to approve(sign) these signed and notarized easement plats until after all corresponding deeds and agreements have been executed/approved by the County. Please contact me with any questions or requests for assistance. Thank you, Tim Pa ino, AICP Senior P anner x. 3088l S-E_AAF(\ti D005 20� Andy Herrick From: Tim Padalino Sent: Friday, March 29, 2019 2:06 PM To: Andy Herrick Cc: James Douglas Subject: RE:Wawa easement plat updates (SUB201800186) You're welcome. And thank you, as well. As of this afternoon, and pending final confirmation from Heather McMahon re: CDD-ARB review comments (which I believe is just a formality at this point), the easement plat is tentatively approved. And as you obviously know, final approval will occur at the time an authorized agent (Bill, David, etc.) provides an approval signature on the signed, notarized easement plat. I anticipate the easement plat being submitted for approval as early as sometime next week. Thanks again Andy; enjoy your various activities next week! - - - Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From:Andy Herrick Sent: Friday, March 29, 2019 1:38 PM To:Tim Padalino<tpadalino@albemarle.org> Cc:James Douglas<jdouglas@albemarle.org> Subject: RE:Wawa easement plat updates(SUB201800186) 'Tim, Thanks for the update. When would you expect the plat to be approved? That's when I think the ball would be in our ollice's court. Keep us posted. Thanks. Andy Herrick Deputy County Attorney Notice:This email may contain attorney-client privileged information,privileged work product,or other confidential infrmation.It is intended only for the designated recipient.If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake."Thank you. From:Tim Padalino Sent: Friday, March 29, 2019 1:30 PM To:Andy Herrick<aherrick@albemarle.org> Cc:James Douglas<idouglas@albemarle.org> Subject: RE: Wawa easement plat updates(SUB201800186) Great—thank you. Understood. �illl Q� wA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434) 296-3088 Fax(434)972-4126 Date: March 26, 2019 Andy Herrick County Attorney's Office 401 McIntire Road, Charlottesville, VA 22902 Regarding: Project Name: Wawa Easement Plat(SUB201800186)—Signed and Notarized Instruments Date Submitted: March 22, 2019 Attached are five(5) signed and notarized instruments for the project referenced above(two copies of each). The deeds transmitted for County approval/execution are identified on the enclosed cover letter from Mr. Mark Fontaine of Renaud Consulting. Draft versions of these instruments have previously been submitted and resubmitted for review and comment by the County Attorney's Office; with this submittal, the app .i a ste-Country twitirovalAmecittion eff these . Please note that the applicant has returned previous (draft)versions of these instruments, inclusive of County markups,presumably for informational purposes only. The corresponding easement plat SUB-2018-00186 is also transmitted for your reference with the proposed easements highlighted. This is the same version(dated 1/9/2019)that was previously transmitted for your reference on January 24; the applicant has not submitted a revised easement plat to date.use return this highlighted easement plat to me after your work on this easement plat(and correspond instruments) is complete. Additionally,pisase note that no instrument wamTrovided for the proposed "off-site landscape eat shown on SUB-2018-00186 and highlighted in green on the attached easement plat(dated 1/9/2019). The proposed off-site landscaping easements are a requirement through the CDD and ARB review process for the Wawa Final Site Plan (SDP-2018-00048). Finally, piease note this easement plat (SUB-2018-O0186) has not yet been approved; the applicant must address and resolve to the satisfaction of CDD-Planning staff and CDD-ARB staff outstanding review comments related to the required off-site landscaping easements. Please contact me with any questions or requests for assistance., 1R rimot(6/ Tim Padalino, AICP Senior Planner x. 3088 (F RGINV. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-3088 Fax(434)972-4126 Date: January 24, 2019 Andy Herrick County Attorney's Office 401 McIntire Road, Charlottesville,VA 22902 Regarding: Project Name: Wawa Easement Plat(SUB201 800186)—Deeds and Agreements Date Submitted: January 22, 2019 Attached are five deeds of easement, dedication, and/or maintenance for the project referenced above (two copies of each). The deeds transmitted for County approval/execution are identified on the enclosed cover letter from Mr. Henry M. Renaud,Renaud Development Group. These documents have been resubmitted after previous review and comment by the County Attorney's Office; the applicant has requested County approval/execution of these documents. The easement plat SUB201800186,which is under review, is also transmitted for your reference with the proposed easements highlighted. This is the same version that was transmitted for your reference on November 26, as the applicant has not submitted a revised easement plat to date. Please note that it appears that a deed was not provided for the proposed"storm [drainage] easement" shown on SUB201800186, and highlighted in dark blue on the attached easement plat(dated 10/8/2018). Please contact me with any questions or requests for assistance. Thank you, rt",buld ‘„ /11q, Paat..•c------' Tim Pad o, AICP Senior Planner x. 3088 �a� Cerfc,�n loaf +1+Ied "eic 56k„0 Van0v5 rAse►,ei-ts OVerI.of I And La+ Prepared Outside of the by QO l'pr Er t neeri'n'q dated Tan t/47 9, 2019) Virginia An DI recdretelf in the ttihemarle l-0vn Commonwealth of Virg �1 �/� By and Return To: l r�v,t COVE+ Clerk 's OC /ce -F Uee ol Erica H.Weiss,Esq. 6 6 Q Holland&Knight LLP / I Q gC 800 17th Street,NW, Suite 1100 Washington, DC 20006 Tax Map and Parcel: 032110 _02-00- a01110 This deed is exempt from taxation under Virginia Code§§58.1-811(A)(3)and from Clerk's fees under Virginia Code§§17.1-266. PEED OF SIGHT DISTANCE EASEMENT THIS DEE 1 OF SIGHT DISTANCE EASEMENT (this "Easement") is made this day ofd"+ 2019, by and between MARTHA JEFFERSON HOSPITAL, a Virginia non-profit corporati e n,having an address of 500 Martha Jefferson Drive,Charlottesville,Virginia 22911 ("Grantor") and THE COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in the County of Albemarle, Virginia, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the"Property"); WHEREAS, Grant. has agreed to provide to Grantee a sight distance easement over a portion of the Property a s)depicted as "Sight Distance Easeme t Area: 318 S.F. or 0.007 AC" (the"Easement Area")one he plat attached hereto as Exhibit B the "Plat"). NOW,THEREFORE,for and in consideration of the sum of One and 00/100 Dollar ($1.00), and the conditions, covenants and mutual agreements hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged by Grantor,the parties hereto agree as follows: 1. Recitals. Each of the foregoing recitals is hereby incorporated into this Easementm4 as if�� t forth in full herein. tt� yff2r(.id 2. Grant of Si2ht Distance Easement.Grantor hereby grants,transfers,c veys and assigns to Grantee a sight distance easement over the Easement Area as required pursuant to that certain Final Site Plan No. SDP-2018-00048, prepared by Bohler Engineering and a prove Ce. t _of Albemar e, o onwea t o irgm ("Final Site Plan"),incorporated by reference, for the purpose of preventing obstructions to vehicular sight in conformance with Virginia Department of Transportation("VDOT") standards. Grantor,its successors and assigns,shall not place or permit fences, shrubbery, structures, or other facilities, plantings or vegetation (collectively "Improvements") within the bounds of said Easement Area if such Improvements #61812185_v6 obstruct vehicular sight from any direction. Any Improvements within said Easement Area shall be subject to VDOT approval. The right to enter and remove any obstructions for the purpose of maintaining clear sight distance within such Easement Area is hereby granted to VDOT. 3. Maintenance. Grantor, at its sole cost and expense, shall be fully responsible for the management and continued maintenance of the Easement Area, and Grantor shall keep the Easement Area in a safe condition without hazards at all times. 4. Binding Effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective • successors and assigns. All references to the "Grantee,"when exercising any right or obligation herein,includes the Grantee's officers, employees and agents. The Grantee, 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 easement pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Easement. [Signatures on the following page] 2 IN WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: MARTHA JEFFERSON HOSPITAL,a Virginia . irofit co 'oration 1 Name: m a v Oey 4.4 Its: //sr o1 STATE OF �� ) / ) SS. 4-6,6e�c4,2 COUNTY ) Perms nally came before me this `/ day of January, 2019 the above named �lv r tM ayl 2)at.✓j s , the 1'res t chi Kd- of Martha Jefferson Hospital,to me known to be such PR!01;dctkj- and acknowledged that [s]he executed the foregoing instrument as the deed of said corporation,by its authority. Notary Public My Commission Expires: 9/gyp/2 Ellen P Donlon / NOTARY PUBLIC Commonwealth of Virginia Reg. # 9 My Commission Expires71 Septe6343mber 30,2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE [Signature page to Sight Distance Easement] GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF . The foregoing instrument was acknowledged before me this day of , 2018,by Jeffrey B. Richardson,County Executive,on behalf of the Board of Supervisors of Albemarle County,Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to Form: County Attorney Date [Signature page to Sight Distance Easement] Exhibit A Description of Grantor's Property ALL that certain tract or parcel of land in the Rivanna Magisterial District of Albemarle County,Virginia, containing 183,768 square feet,more or less,and being more particularly described as Tract 2 on a plat of B. Aubrey Huffman&Associates,Ltd.,dated November 14, 1978,captioned"Subdivision Plat Showing Parcel 1 on Sheet 32A County Tax Maps,Albemarle County,Virginia,"recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia(the"Clerk's Office"),in Deed Book 661,page 746;together with the two appurtenant 50' access easements for ingress and egress to and from State Route 649,as shown on said plat; AS ADJUSTED BY: Deed of Boundary Li�e Adjustment by and between Martha Jeffexsnn Hospital and Malloy Properties III, LLC,dated January t7 2019 and recorded in the Clerk's Office on 0001 vc y 2,2019,in Deed Book 5130, <-7 page OS: LESS AND EXCEPT: Parcel X containing 0.0367 acre as shown on plat recorded in aforesaid Clerk's Office in Deed Book 1116, page 525. TOGETHER WITH Deed of Easement by and between James F. Ewing, Billie G. 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Holland&Knight LLP 800 17th Street,NW Suite 1100 Washington, DC 20006 Tax Map and Parcel 032A0-02-00-001A0 This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and from Court Clerk's fees under Virginia Code§ 17.1-266. DEED OF STORM DRAINAGE EASEMENT THIS DEED OF STORM DRAINAGE EASEMENT (this "Deed"), dated th•is 1y day of Feb ILt_Cr y , 2019, is by and between MARTHA JEFFERSON HOSPITAL, a Virginia non- profit corporation ("Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia("Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of that certain real property, more particularly described on Exhibit A attached hereto and incorporated herein by reference(the"Property"); and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey a storm drainage easement for public use in accordance with this Deed; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged,the Grantor does hereby GRANT,CONVEY, and DEDICATE to public use unto the Grantee, its successors and assigns, a perpetual exclusive storm drainage easement (the "Easement")identified as"Permanent Drainage Easement Area: 5,982 S.F.or 0.137 AC"and shown on that certain plat titled "Plat Showing Various Easements over Lot 1 and Lot 2," by Bohler Engineering, dated January 9, 2019, and recorded in the Albemarle County Circuit Court Clerk's Office at Deed Book ,page ("the Plat"). FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. 1 The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Property, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement,whether they were installed by the Grantee or any predecessor in interest,shall be and remain the property of the Grantee. 3. Right of Ingress and Egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement,to inspect,maintain and operate the Improvements. 4. Right to Inspect, Maintain and Operate the Improvements. The Grantee may enter the Easement to inspect,maintain and operate the Improvements. 5. Right of Grantee to Disturb and Maintain the Easement Premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement,but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of any of the Improvements, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency,including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance except as expressly provided in this paragraph. 6. Right of Grantor to Maintain the Easement Premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvements. The right to maintain the Easement premises does not include the right to maintain the Improvements. 2 7. Intentionally Omitted. 8. Exclusivity; Restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. The Grantee, 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. [SIGNATURES ARE ON THE FOLLOWING PAGES] 3 GRANTOR: MARTHA JEFFERSON HOSPITAL, a Virginia non-profit corporation By: Name: Its: STATE OF _) ) SS. COUNTY) The foregoing instrument was acknowledged before me this day of , 2019 by , the of Martha Jefferson Hospital, Grantor. Notary Public My Commission Expires: Notary Registration No. [Signatures continue on following page.] 4 GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA By: Jeffrey B. Richardson, County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: 14 The foregoing instrument was acknowledged before me this (P day of -FebruAr9 , 2019 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,Virginia, Grantee. Notary Public My Commission Expires: Ili 30/ 2 0 1 LORRAINE 0 ROSE Notary Public I ri (r Commonwealth of Virginia Notary Registration No. Registration No.'187481 My Commission Expires Nov 30.2021 Approved as to form: County Attorney 5 Exhibit A ALL that certain tract or parcel of land in the Rivanna Magisterial District of Albemarle County, Virginia, containing 183,768 square feet,more or less, and being more particularly described as Tract 2 on a plat of B. Aubrey Huffman&Associates,Ltd., dated November 14, 1978, captioned"Subdivision Plat Showing Parcel 1 on Sheet 32A County Tax Maps,Albemarle County,Virginia,"recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia(the"Clerk's Office"), in Deed Book 661,page 746; together with the two appurtenant 50' access easements for ingress and egress to and from State Route 649, as shown on said plat; AS ADJUSTED BY: Deed of Boundary Line Adjustment by and between Martha Jefferson Hospital and Malloy Properties III, LLC, dated January 14, 2019 and recorded in the Clerk's Office on January 22, 2019, in Deed Book 5130, page 695. LESS AND EXCEPT: Parcel X containing 0.0367 acre as shown on plat recorded in aforesaid Clerk's Office in Deed Book 1116, page 525. TOGETHER WITH Deed of Easement by and between James F. Ewing, Billie G. Ewing, his wife, Charlottesville Savings and Loan Association,and Monticello Home Builders,Inc.,dated May 29, 1981,and recorded in Deed Book 718, page 157 6 Prepared Outside of the Commonwealth of Virginia By and Return To: Erica H. Weiss, Esq. Holland & Knight LLP 800 17th Street,NW, Suite 1100 Washington, DC 20006 Tax Map and Parcel O J2/t O - O 2,0 O —O 010 0 I 4-dnut TMP This deed is exempt from taxation under Virginia Code§§58.1-811(A)(3)and from Clerk's fees under Virginia Code §§17.1-266. AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTH R TECHNIQUES Ned 4is d of , 20I /Q THIS AGREEMENT TO MAINTAIN STO WATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES ("Agreement") is entered into by and between CHARLOTTESVILLE PROFFIT, LLC, a Delaware limite liability company, having an address of 8605 Westwood Center Drive, Suite 410,Vienna,Virginia 22182,hereinafter called the "Owner," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County." RECITALS R-1. The Owner is the fee simple owner of certain real property, more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter called the "Property"; and R-2. The Owner is proceeding to build on and develop the Property; and R-3. The Property is within the County's Municipal Separate Storm Sewer System (hereinafter, "MS4")jurisdictional area=and 4A4-1 ,u; ��/� � ✓ R-4. The dl Sr1711441.identified as No. SDP-2018-0004 d by Bohler Engineering, as approved by the County of Albemarle, Commonwealth of Virginia "Final Site Pla "), an in conjunction therewit , tormwater anagemen , t entitled as WAWAEJNPO-2018-00056 (hereinafter, the "Plan") which is expressly made a part hereof, as approved or to be approved by the County, and which provides for the detention and water quality treatment of stormwater within the confines of the Property; and R-5. The Plan and the land disturbing activity related thereto are subject to the Virginia Stormwater Management Act (Virginia Code § 62.1-44.15:24 et seq.), as implemented in part by Chapter 17, Water Protection, of the Albemarle County Code; and 1 R-6. 9VAC25-870-112 and Albemarle County Code § 17-415 require the Owner and the County to enter into this agreement in order to ensure the long-term maintenance of the permanent stormwater management facilities and/or other techniques required to serve the Property. For those facilities within the County's MS4 jurisdictional area, 9VAC25-890-40 imposes additional requirements, and the County implements 9VAC25-870-112 and 9VAC25-890-40 through Albemarle County Code § 17-415 and this Agreement; and R-7. For those facilities within the County's MS4 jurisdictional area,this Agreement also addresses, in part, the County's obligations under Minimum Control Measure Number 5 (post- construction stormwater management) in the Albemarle County 5-Year MS4 General Permit and Program Plan; and R-8. Albemarle County Code § 17-415 requires that permanent on-site stormwater management facilities and/or other techniques, as shown on the Plan, including all pipes and channels built to convey stormwater to and from the facilities, all structures, berms, inlet and outlet structures,pond areas, filtration media, and forested and open space areas (which are considered to be a nonstructural technique to meet stormwater management requirements), provided to control the quantity and quality of the stormwater,access roads,and any other improvement that may affect the proper functioning of the Facilities (hereinafter, "stormwater management facilities and other techniques" are referred to individually as a "Facility" and collectively the "Facilities") be constructed and adequately maintained by the Owner in perpetuity. In consideration of the foregoing premises, the mutual covenants contained herein,and the following terms and conditions, the parties hereto agree as follows: 1. Obligation of the Owner to construct the Facilities. The Owner shall construct and protect the Facilities that are required to be constructed,and shall do so in accordance with the Virginia Stormwater Management Act plans and specifications identified in the Plan. 2. Obligation of the Owner to maintain the Facilities. The Owner shall maintain the Facilities in good working condition for so long as the Facilities exist, in a manner that meets or exceeds the maintenance standards provided herein, subject to the following: A. "Good working condition" defined. For the purposes of this Agreement, a Facility is in"good working condition"when it performs its design function in accordance with the plans and specifications identified in the Plan, including all conditions imposed in conjunction with approval of the Plan, and complies with all applicable standards, as determined by the Albemarle County Engineer(hereinafter, the "County Engineer"). B. "Maintain and maintenance" defined. For the purposes of this Agreement, "maintain"and"maintenance" include, but are not limited to maintaining, repairing, replacing, reconstructing, preserving, and restoring the Facilities or any part thereof necessary to comply with the plans and specifications identified in the Plan. 2 #61877579_v7 C. Maintenance schedule. The Owner shall maintain the Facilities in compliance with the maintenance schedule in the approved Plans as required under Albemarle County Code § 17-403(A)(5). D. Professional engineer may be required to direct work. The County Engineer may require that specific maintenance work be performed under the direction of a professional engineer. 3. Inspections and the Inspection Report by the Owner. The Owner shall have the Facilities inspected to ensure that the Facilities are in good working condition, subject to the following: A. Who may inspect the Facilities. The Facilities shall be inspected by the Owner, or upon written demand by the County Engineer, by a person who: (1) is licensed as a professional engineer,architect, landscape architect,or land surveyor pursuant to Virginia Code § 54.1-400 et seq.;(2)works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor referenced in subsection (A)(1); or (3) who holds an appropriate certificate of competence from the State Water Control Board. B. What must be inspected. The inspections shall be conducted according to the requirements of 9VAC25-870,et seq. or as that section is hereafter amended. C. When inspections shall be conducted. The Facilities shall be inspected as specified in the approved Plans or by the County Engineer. D. What documents must be maintained. The inspection shall be documented on a form provided by the County Engineer and shall be completed to the satisfaction of the County Engineer (hereinafter, the "Inspection Report"). At a minimum, the Inspection Report shall provide, as applicable, the date of the inspection, the name of the inspector, a description of the condition of all pipes and channels built to convey stormwater to and from the facilities,all structures,berms, inlet and outlet structures,pond areas,filtration media,forested and open space,vegetation provided to control the quantity and quality of the stormwater,access roads, and any other improvement that may affect the proper functioning of the Facilities, a list of all deficiencies causing the Facilities not to be in good working condition, including all control measures not operating effectively and all control measures that are inadequate, a list of required maintenance work to be performed so that the Facilities are restored to good working condition, and the date by which the maintenance work will be performed. E. To whom and when an Inspection Report must be submitted. The Owner shall submit the Inspection Report and any other requested inspected documentation to the Director, Albemarle County Department of Facilities and Environmental Services, 401 McIntire Road, Charlottesville, Virginia 22902 or a successor department,office and address delineated by the County to the Owner.The Owner shall provide the Inspection Report to the Department within thirty(30)days after completion of the inspection. 3 #61877579_v7 F. Section 3 satisfied if County conducts inspection in any year. The Owner's obligation to have the Facilities inspected and to submit an Inspection Report under Section 3 shall be deemed to be satisfied in any inspection period in which the County conducts an inspection under Section 4 and as provided in Albemarle County Code § 17-811. G. Inspection Period defined. For the purposes of this Agreement, inspection period means the one-year period beginning and ending on the anniversary of the date of this Agreement first hereinabove written. 4. Permission to the County to inspect the Facilities. The Owner hereby grants permission to the County, including its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the County deems an inspection to be necessary, subject to the following: A. Purposes for County inspection. The County may inspect the Facilities for the purpose of determining the condition of the Facilities including, but not limited to, determining whether the Facilities are in good working condition, investigating any deficiencies reported in the Inspection Report, responding to citizen complaints about the Facilities, and inspecting or observing any maintenance of the Facilities. B. Prior notice to the Owner not required. The County shall not be required to provide prior notice to the Owner to enter the Property to conduct the inspection. C. Inspection findings and demand for maintenance. The County shall provide the Owner with a copy of the findings of its inspection of the Facilities. If the inspection concludes that maintenance of any of the Facilities is required, the County also shall provide the Owner with a demand that the Owner maintain the Facilities and the date by which the maintenance work must be completed. 5. The Owner's response to the Inspection,the Inspection Report or the County's demand for maintenance. The Owner shall comply with the following: A. Corrective action. If the inspection identifies the need for a corrective action, it shall be completed as follows: (i) if the Albemarle County Engineer determines, in his sole discretion, that failure to implement the corrective action creates an imminent or potentially imminent threat to the public health or safety, the Owner shall complete corrective action as soon as practicable, but no later than seven (7) days after discovery; (ii) if an inspection identifies a Facility that is not operating effectively, but is not an imminent or potentially imminent threat to the public health or safety, the Owner shall complete corrective action as soon as practicable, but no later than sixty (60) days after discovery or a longer period allowed in writing by the County Engineer; (iii) if an inspection identifies an existing Facility that needs to be modified or if an additional control measure is necessary, implementation shall be completed prior to the next anticipated measureable storm event; if implementation before the next anticipated measureable storm event is impractical, then implementation shall be completed no later than sixty (60) days after discovery or a longer period allowed in writing by the County Engineer. The term "control measure" means any best management practice or stormwater facility, or other method used to 4 #61877579_v7 minimize the discharge of pollutants to State waters, or otherwise restrict or alter the hydraulics of stormwater flow and discharge. B. Maintenance. If the Inspection Report under Section 3 or the inspection conducted by the County under Section 4 identifies Facility deficiencies,the Owner shall promptly complete the maintenance work by the date specified in the Inspection Report or as demanded by the County. When the maintenance work is completed,the person performing or directing the work shall certify to the County that the Facilities are in good working condition. 6. Right of the County to enter the Property to maintain the Facilities. If the Owner fails to maintain the Facilities in good working condition as required by Section 2 or fails to complete timely maintenance work as required by Section 5, the County, including its authorized agents and employees, may enter upon the Property and take whatever steps necessary to bring the Facilities into good working condition and to otherwise correct all deficiencies identified in the Inspection Report under Section 3 or the inspection conducted by the County under Section 4, subject to the following: A. No right to erect permanent structures; exceptions. The County's right to take"whatever steps necessary"shall not be construed to allow the County to erect any structure of a permanent nature on the Property unless: (1) the structure is required to ensure that the Facilities perform their design functions; or(2) it is a structure to house equipment to monitor the Facilities and any fencing related thereto. B. County not obligated to maintain the Facilities. The County is under no obligation to repair or otherwise maintain the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. 7. Right of the County to charge the Owner for its costs of maintenance; obligation of the Owner to reimburse the County. If the County performs any maintenance work on the Facilities under Section 6, it will charge to the Owner all of the County's costs including, but not limited to, those costs for labor, equipment, supplies, materials, and project or contract administration. The Owner shall reimburse the County for its costs, subject to the following: A. Written demand. The County shall send to the Owner a written demand for payment of all of its costs. The demand may be sent by first class mail to the address to which County real property tax bills are mailed or to another address provided by the Owner to the County. B. Timely payment. The Owner shall reimburse the County for the costs identified in the County's written demand within thirty (30) days after the date of the written demand. C. Collection by County. The County may collect any amount not timely reimbursed by the Owner in any manner authorized by law and may place a lien against the Property in the amount of the non-reimbursed costs, plus interest at the rate authorized by law. 5 #61877579_v7 8. Obligation of the Owner to indemnify and hold harmless the County. The following terms shall apply to this Agreement: A. No County liability. This Agreement imposes no liability of any kind whatsoever on the County, including its agents, officers and employees. B. Obligation of the Owner to indemnify and hold harmless. The Owner shall indemnify and hold harmless the County, including its agents, officers and employees, for any and all damages, accidents, casualties, occurrences or claims which might arise or be asserted against the County, including its agents, officers and employees, resulting from the failure of the Facilities to perform their design function or to otherwise operate properly; any repairs, maintenance, construction, or any other acts performed by the County or the Owner, including their respective agents, officers and employees, related to the Facilities, regardless of how those acts were performed except if the County's acts are the product of willful misconduct; or the Facilities' existence. C. Notice of and defense of actions. If a claim is asserted against the County, including its agents, officers and employees, based upon any of the indemnities in subsection (B), the County shall promptly notify the Owner of the claim. The Owner shall defend, at its expense, any lawsuit or other action arising therefrom. If, as a result of a claim, any judgment is allowed against the County, its agents, officers and employees, or any of them, the Owner shall pay all damages, costs, expenses and fees associated with the judgment. 9. References to County departments and officers; successors. Any reference in this Agreement to a County department or office includes its successor department or office as determined by the County. 10. Covenant running with the land. This Agreement shall be recorded by the County in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, shall constitute a covenant running with the land, and shall be binding on the Owner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners' association. 11. Date of this Agreement. This Agreement shall be deemed to have been entered into by the parties and shall be effective on and after the date it is signed by the Albemarle County Executive. [Signatures on the Following Pages] 6 1461877579_v7 WITNESS the following signatures: OWNER: CH' RLOTTESVILLE PROFFIT,LLC, a I .ware limited liability company i 1' ,�By: ,� Gary S. Ba ann, as Authorized Signatory STATE OF OF NEW JERSEY CITY/COUNTY OF PASSAIC : The foregoing instrument was acknowledged before me this 7th day of January, 2019, 2018 by the above named Gary S. Baumann, the Authorized Signatory of Charlottesville Proffit, LLC. C 0 �10 Publi N C. BECKMAN NOTARY PUBLIC My Commission Expires:August 12, 020 STATE OF NEW JERSEY ID#2399360 Registration Number: 2399360 MY COMMISSION EXPIRES AUG. 12,2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE COUNTY OF ALBEMARLE, VIRGINIA By: Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF .• The foregoing instrument was acknowledged before me this day of ,2018 by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia. Notary Public My Commission Expires: Registration Number: Approved as to Form: County Attorney Date 8 Exhibit A Property Legal Description ALL that certain parcel of land lying and being in the County of Albemarle, Virginia containing approximately 1.517 acres and labeled as Lot 1 on a plat entitled Boundary Line Adjustment between Part of Tract 1, D.B. 661 Pg. 797, and Tract 2, D.B. 661 Pg. 744, and Consolidation with Parcel 32, D.B. 950 Pg. 95, Albemarle County, Virginia, Rivanna Magisterial District, dated October 5, 2018 recorded in Plat Book 5127, at Page 428, being further described as follows: BEING PART OF THE PROPERTY ACQUIRED BY MALLOY PROPERTIES III, LLC,A VIRGINIA LIMITED LIABILITY COMPANY FROM BRANCH BANKING AND TRUST COMPANY, A NORTH CAROLINA BANKING CORPORATION BY DEED DATED DECEMBER 9, 2016 AS RECORDED IN DEED BOOK 4851 PAGE 460 AND DEED BOOK 4851 PAGE 466, ALSO BEING PARCEL 32 AS RECORDED IN DEED BOOK 950 PAGE 95 AND PART OF TRACT I AS SHOWN ON THE ATTACHED PLAT RECORDED IN DEED BOOK 661 PAGE 797, ALL AMONG THE LAND RECORDS OF ALBEMARLE COUNTY, VIRGINIA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A REBAR WITH CAP FOUND MARKING THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LIMITS OF PROFFIT ROAD - RTE. 649 (VARIABLE WIDTH RIGHT-OF-WAY), WITH THE EASTERLY RIGHT-OF-WAY LIMITS OF SEMINOLE TRAIL - US RTE. 29 (VARIABLE WIDTH RIGHT-OF-WAY), THENCE WITH SAID EASTERLY RIGHT-OF- WAY LIMITS, THE FOLLOWING TWO COURSES AND DISTANCES; NORTH 25°24' 55"EAST, 104.97 FEET TO A REBAR WITH CAP SET, THENCE; CONTINUING, 96.55 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 5856.58 FEET, A CENTRAL ANGLE OF 00° 56' 40", AND A CHORD BEARING AND DISTANCE OF NORTH 37° 05' 59" EAST, 96.55 FEET, THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND WITH A LINE THROUGH TRACT 1 (DEED BOOK 661 PAGE 797) AND FURTHER CONTINUING THROUGH TRACT 2 (DEED BOOK 661 PAGE 744); SOUTH 76° 32' 26" EAST, 203.58 FEET, THENCE; 48.55 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 48.00 FEET, A CENTRAL ANGLE OF 57° 57' 03",AND A CHORD BEARING AND DISTANCE OF SOUTH 47° 33' 54" EAST, 46.51 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL LINE, THENCE; SOUTH 76° 32' 26" EAST, 35.54 FEET, THENCE CONTINUING WITH SAID THROUGH LINE AND FURTHER CONTINUING WITH THE DIVISION LINE BETWEEN SAID TRACT 1 ON THE WEST,AND SAID TRACT 2 ON THE EAST; SOUTH 12° 17' 14" WEST, 190.38 FEET TO A PK NAIL FOUND MARKING THE INTERSECTION OF SAID DIVISION LINE WITH THE SAID NORTHERLY RIGHT-OF-WAY LIMITS OF PROFFIT ROAD-RTE. 649, THENCE WITH SAID NORTHERLY RIGHT-OF-WAY LIMITS, THE FOLLOWING THREE (3) COURSES AND DISTANCES; 9 #61877579_v7 NORTH 77° 44' 25" WEST, 202.52 FEET, TO A PK NAIL FOUND, THENCE; CONTINUING,NORTH 61° 59' 00" WEST, 13.43 FEET, TO A PK NAIL FOUND. THENCE; CONTINUING, NORTH 66° 34' 43" WEST, 130.65 FEET TO THE POINT OF BEGINNING. CONTAINING 66,088 SQUARE FEET OR 1.517 ACRES, MORE OR LESS. TOGETHER WITH easements set forth in the following: Deed of Easement by and between Charles WM. Hurt, Stuart F. Carwile, as trustees for the 29-649 Land Trust,James F. Ewing, and Billie G. Ewing, dated December 22, 1978, and recorded December 29, 1978, in Deed Book 661 at page 797. Deed of Easement by and between James F. Ewing, Billie G. Ewing,his wife, Charlottesville Savings and Loan Association, and Monticello Home Builders Inc., dated May 29, 1981, and recorded in Deed Book 718 at page 157 10 #61877579_v7 Prepared Outside of the Commonwealth of Virginia By and Return To: Erica H. Weiss,Esq. Holland&Knight LLP 800 17th Street,NW, Suite 1100 Washington,DC 20006 /� (1 Tax Map and Parcel O3 ZAO —02-00- 00100 4-digit TMP This deed is exempt from taxation under Virginia Code§§58.1-811(A)(3)and from Clerk's fees under Virginia Code §§17.1-266. DEED OF EASEMENT ✓ THIS DEED OF EASEMENT ("Deed") is made this day of ,'►, 2019 by and between CHARLOTTESVILLE PROFFIT,LLC,a Delaware limited liability company, having an address of 8605 Westwood Center Drive, Suite 410, Vienna, Virginia 22182 ("Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia("Grantee"). WITNESS: WHEREAS, the Grantor is the owner of that certain real property, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's Office in Deed Book , page -, in which the Grantor has agreed to construct and maintain on-site stormwater management facilities, as more particularlvrequired pursuant to Final S'Ate Plan No. SDP-2018-00048, prepared by Bohler Engineering, nd a the Count o (lbemarle;Commonwealth of Vii Tii ("Final Site Plan"), incorporated bye/refferenc , an - p�p c Ach /t.("4.� v-01 WHEREAS,the Maintenance Agreement-prov e�art that the Grantor gives permission to the County, including its authorized agents and employees, to enter upon the Property and to inspect the stormwater management facilities whenever the County deems necessary, subject to the rights of tenants; and the Maintenance Agreement also provides in part that, in the event the Grantor, its successors and assigns, fails to maintain the stormwater management facilities in good condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies. WHEREAS, it is the desire and intent of the Grantor to grant and convey an Easement for public use in accordance with this Deed. #61855536_v7 1 Version 07/20/18 1-11at Certain plolf f tl/e►d "lila+ SI1owr Van()vs EA enien-ts over LotI I a✓�� + 2 ,n t� h'r En7 ineet'ind, oia-4eor Janvar 9, 2019, Ur d record pi ,n +Ile Albemarle`/ Cdyn+777y l ,rc��f l ov + C �erK'� (r1 ce off, Weed gook___ A e / NOW,THEREFORE, in consideration of the premides and TE DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the eceipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY un o the Grantee, its successors d as ' ns, a perpetual easement (the "Easement")Jshowr Flat attached here to a( Exhibit B the"Plat"). o gStor+., Wog+er Illc m w�6^+ And Access �Ase,„e,j" J ✓ The Easement shall be subject to the following:, 1. Right of ingress and egress. The Grantee and its authorized agents and employees shall have the right and easement of ingress and egress over the Property to perform all acts which f1rafi the parties have agreed it may perform under the Maintenance Agreement. 2. Ownership of the facilities. The stormwater management facilities required to be constructed and maintained by the Grantor under the Maintenance Agreement shall be and remain the property of the Grantor. This Deed shall not be construed to be an assumption of ownership or control by the Grantee over the stormwater management facilities subject to the Maintenance Agreement. 3. No obligation on Grantee to inspect or maintain. This Deed shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain the stormwater management facilities subject to the Maintenance Agreement. 4. Grantee's right to assign. The Grantee shall have the right to assign this Deed as its interests may require. 5. Binding Effect.The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. ,/ I4as 6. Termination of Easement. If the Grantor, or its successors or assigns, desires to alter or vacate a ortion or all of the easement(s),the Easement may be adjusted accordingly if the County Engineer certified in writing that the proposed modifications meet the requirements of 9VAC25- 870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be amended in the future. In addition to meeting these requirements, the Grantor shall mitigate for any loss of nutrient credit reductions provided in the stormwater calculations for the Property described in the Maintenance Agreement as a result of such alteration or vacation. Upon termination of any portion of the Easement(s), any residue of the Easement shall remain subject to this Deed. The termination of any portion of the Easement(s) shall be recorded,at the sole expense of the Grantor, in the Circuit Court of Albemarle County upon approval of the Albemarle County Attorney. The Grantee, 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. #61855536_v7 2 Version 07/20/18 WITNESS the following signatures. GRANTOR: CHARLOTTESVILLE PROFFIT,LLC, a Delaw e limited liability comp By: ary . Ba , as Authorized Signatory STATE OF NEW JERSEY ) ) SS. PASSAIC COUNTY) Personally came before me this 7th day of January,2019,the above named Gary S. Baumann, the Authorized Signatory of Charlottesville Proffit, LLC, acknowledged that he executed the foregoing instrument as the deed of said limited liability company, by its authority. Notary P lic My Commissio(i Expires: Augul 2, 2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE JOCELYN C. BECKMAN NOTARY PUBLIC STATE OF NEW JERSEY ID it 2399360 MY COMMISSION EXPIRES AUG. 12,2020 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF_: The foregoing instrument was acknowledged before me this day of , by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to Form: County Attorney Date #6I855536 v7 Exhibit A Property Legal Description ALL that certain parcel of land lying and being in the County of Albemarle, Virginia containing approximately 1.517 acres and labeled as Lot 1 on a plat entitled Boundary Line Adjustment between Part of Tract 1, D.B. 661 Pg. 797, and Tract 2, D.B. 661 Pg. 744, and Consolidation with Parcel 32, D.B. 950 Pg. 95, Albemarle County, Virginia, Rivanna Magisterial District, dated October 5, 2018 recorded in Plat Book 5127, at Page 428, being further described as follows: BEING PART OF THE PROPERTY ACQUIRED BY MALLOY PROPERTIES III, LLC, A VIRGINIA LIMITED LIABILITY COMPANY FROM BRANCH BANKING AND TRUST COMPANY,A NORTH CAROLINA BANKING CORPORATION BY DEED DATED DECEMBER 9,2016 AS RECORDED IN DEED BOOK 4851 PAGE 460 AND DEED BOOK 4851 PAGE 466, ALSO BEING PARCEL 32 AS RECORDED IN DEED BOOK 950 PAGE 95 AND PART OF TRACT I AS SHOWN ON THE ATTACHED PLAT RECORDED IN DEED BOOK 661 PAGE 797, ALL AMONG THE LAND RECORDS OF ALBEMARLE COUNTY, VIRGINIA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A REBAR WITH CAP FOUND MARKING THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LIMITS OF PROFFIT ROAD - RTE. 649 (VARIABLE WIDTH RIGHT-OF-WAY), WITH THE EASTERLY RIGHT-OF-WAY LIMITS OF SEMINOLE TRAIL - US RTE. 29 (VARIABLE WIDTH RIGHT-OF-WAY), THENCE WITH SAID EASTERLY RIGHT-OF- WAY LIMITS, THE FOLLOWING TWO COURSES AND DISTANCES; NORTH 25°24' 55"EAST, 104.97 FEET TO A REBAR WITH CAP SET, THENCE; CONTINUING, 96.55 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 5856.58 FEET, A CENTRAL ANGLE OF 00° 56' 40", AND A CHORD BEARING AND DISTANCE OF NORTH 37°05'59"EAST,96.55 FEET,THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND WITH A LINE THROUGH TRACT 1 (DEED BOOK 661 PAGE 797)AND FURTHER CONTINUING THROUGH TRACT 2(DEED BOOK 661 PAGE 744); SOUTH 76°32' 26"EAST, 203.58 FEET,THENCE; 48.55 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 48.00 FEET, A CENTRAL ANGLE OF 57° 57' 03", AND A CHORD BEARING AND DISTANCE OF SOUTH 47° 33' 54" EAST, 46.51 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL LINE, THENCE; SOUTH 76°32' 26"EAST,35.54 FEET,THENCE CONTINUING WITH SAID THROUGH LINE AND FURTHER CONTINUING WITH THE DIVISION LINE BETWEEN SAID TRACT 1 ON THE WEST, AND SAID TRACT 2 ON THE EAST; SOUTH 12° 17' 14" WEST, 190.38 FEET TO A PK NAIL FOUND MARKING THE INTERSECTION OF SAID DIVISION LINE WITH THE SAID NORTHERLY RIGHT-OF-WAY LIMITS OF PROFFIT ROAD-RTE.649,THENCE WITH SAID NORTHERLY RIGHT-OF-WAY LIMITS,THE FOLLOWING THREE(3) COURSES AND DISTANCES; NORTH 77°44' 25"WEST,202.52 FEET,TO A PK NAIL FOUND, THENCE; #61855536_v7 CONTINUING,NORTH 61° 59' 00" WEST, 13.43 FEET,TO A PK NAIL FOUND. THENCE; CONTINUING,NORTH 66° 34' 43" WEST, 130.65 FEET TO THE POINT OF BEGINNING. CONTAINING 66,088 SQUARE FEET OR 1.517 ACRES, MORE OR LESS. TOGETHER WITH easements set forth in the following: Deed of Easement by and between Charles WM. Hurt, Stuart F. Carwile, as trustees for the 29-649 Land Trust, James F. Ewing, and Billie G. Ewing, dated December 22, 1978, and recorded December 29, 1978, in Deed Book 661 at page 797. Deed of Easement by and between James F. Ewing, Billie G. Ewing, his wife,Charlottesville Savings and Loan Association, and Monticello Home Builders Inc., dated May 29, 1981, and recorded in Deed Book 718 at page 157. #61855536_v7 , ,3 ,....., vi... 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N.....w•30.MM.to AS.C4,RaAILANL MO 1>x..n.nta.,N a.aoW 0o+uttn cn :aMatwNq tZNY-1Wa•,Ns a-•Ma Aversca.tc .� c.Y rrO j f+' ->-..- TOT.Kei CT NT.>0.•00 .Q µ _nt, / IATt /... y. Mal muse da.. ...M. ff tor] •r( 1, Mr Wert a,i / tAtm At[ W •'• u oraat V .a sir a am VA& .� siiNT.CYtlAitRlY NO OM u rrtrsw w -'. 7# /� a u rse[ m Ws,- it 2 u tm-aCal rasa - 7f r... • u er Were am - �_ u mrraw Aoa - `_t /��1��t .•tw.N.xr zNnrn_2102 Q-A It ..r aHt as �T•.__ il' / NM 0.31A103010C. YN1ttr•._ .. " RlsTHGt> :is M•S,111 20e• O.> �,� M.'/ll.efila2a u+ MtrsM• tsar OWNERS CONSENT - ,xOexwrnNrnutaMfNrsac._o�: .>IS Mr , xrr 1°N"•�,i' ?Th..'" '"E..".a.;::at , :i] ua•r'vt rr.• „e r.tt,M=LISW`a.nCO.OACt'NM Mt WAND f 0---_ • Cr 1e.0021.0.1.O N.6 H''hti-.,,,,.w,�, a wa _n MT eram sa Nx-e01 649 _fix eb GJ -il�� Ml.dt Wag .0 NM a asw Ca: NOTARY CERTIFICATE Ibt ttMuo OtU.Ct Mt or,�.a.-.w 4r� =�e..f !n wrs as sac tibl,ltlwvWu,balq ta+Na.Jt'baM.lE Atvrt tai ,Arc N.M.Out taut Mt coil.ow.alrr a wan... .G' iro talt.' tt! Nam. wTMt 1OM .•>n.ntNait�iq �� r W.... bi' .a nraare Uzi -1 sar,r el vm ANMA,r twc AT 1.0130xt ta.a.o. LEGEND .. 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Unre 613.WtA,4M.x,1t•,1 � ,.' �x' "1 '\ j�a.,. •. Er.. ■s. A«66AAOnero,.1<At / o .-t D4A.G 1....2.0.022 \\ �E� G•.eu VICINITY KW 621 Mr enae ,IXzt l !! i, / am sra7ee zn rL axe 6m ,K N at mM j it-f �i3f -f f 1f m. ,a•sz,6e e1,F • ram 101b....Iii,.n:v____ Il !J wi",11 f _ ,-�i met hoe41. V. ,aw ;-OS-1 ' ide, l . �`- .r-- — IJ .( - . COUNTY APPROVAL a Mr IT art! RIM `/ , i aM Ra•as.*W H,t [LuauGa Af MI hoc f9 a6w Nett /IP 1/:•Y f� 6j�i/ 4m.ALOTra,. ut•Ravtcuxsm�•,a-cat j,`c OMmr.2,- ye II.1' ' / ' f sh•a rm•alrt 1.... Ri.u.Ett:W,w[E6q•EUM i 4 �f I tra tor aarw SW* /It 7' i�� fr RY6 6•„aae •z,s / J) 6hM 6.r C..11 M,. �� -- I 1 67t 422-ttt aM ,L.7 --y----___ 4 I ) j, St I sa,s or r,ee ,m.1r �,° Ft b9c--- tl j oarSesV9 flit 849 Q e= ler6t1,t I1.- _1�---___ 6'2 w•.tvt !SC gyp 69. es''%fl at - 6ID1. 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I 800 17th Street,NW TK-c,A , Suite 1100 Washington,DC 20006 etj41 DEED OF SANITARY SEWER EASEMENT This DEED OF SANITARY SEWER EASEMENT (this "Easement"), is made as of this day of January, 2019 by and between CHARLOTTESVILLE PROFFIT, LLC, a Delaware limited liability company ("Grantor"), and the ALBEMARLE COUNTY SERVICE AUTHORITY (the "Grantee"), whose address is 168 Spotnap Road, Charlottesville, Virginia 22911. WITNESSETH: That for and in consideration of the sum of ONE DOLLAR ($1.00), receipt of all of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY unto Grantee a perpetual right of way and easement to construct, install, maintain, repair, replace and extend one or more sewer lines consisting of pipes and appurtenances thereto, over, under and across the real property of Grantor located in Albemarle County, Virginia, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Grantor's Property"), the location of the easement granted and the boundaries of Grantor's Property being more particularly described on the plat attached hereto as Exhibit B (the"Plat"): Reference is made to the Plat, a copy of which is attached hereto to be recorded herewith, for the exact location and dimension of the permanent easement hereby granted and the property over which the same crosses. As part of this Easement, Grantee shall have the right to enter upon the above Grantor's Property within the easement for the purpose of installing, constructing, maintaining, repairing, replacing and extending a sewer line and appurtenances thereto, within such easement and the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend such sewer line. If Grantee is unable to reasonably exercise the right of ingress and egress over the right-of-way, Grantee shall have the right of ingress and egress over Grantor's Property adjacent to the right-of-way. Whenever it is necessary to excavate earth within such easement, Grantee agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions to the same condition as prior to excavation, including restoration of such paved surfaces as may be damaged or disturbed as part of such excavation. Grantor, its respective successors or assigns, agree that no new trees, shrubs, fences, #62691024_v3 2 buildings, overhangs or other improvements or obstructions shall be placed within the easement conveyed herein. This Easement shall include the right of Grantee, to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer line installation, operation and maintenance. Grantee shall have no responsibility to the Grantor, its successors or assigns, to replace or reimburse the cost of said trees, brush, shrubbery and obstructions that are removed or otherwise damaged. The facilities constructed by Grantee within the permanent easement shall be the property of Grantee which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the permanent easement as are consistent with the purposes expressed herein. (signature pages to follow) #62691024_v3 3 ALBEMARLE COUNTY SERVICE AUTHORITY By: (SEAL) Gary O'Connell, Executive Director COMMONWEALTH OF VIRGINIA COUNTY/CITY OF , to wit: The foregoing instrument was acknowledged before me this day of , 2019, by Gary O'Connell, Executive Director,Albemarle County Service Authority. Notary Public My Commission Expires: I.D.No. Approved as to Form: County Attorney #62691024_v3 5 Exhibit A Description of Grantor's Property ALL that certain parcel of land lying and being in the County of Albemarle, Virginia containing approximately 1.517 acres and labeled as Lot 1 on a plat entitled Boundary Line Adjustment between Part of Tract 1, D.B. 661 Pg. 797, and Tract 2, D.B. 661 Pg. 744, and Consolidation with Parcel 32, D.B. 950 Pg. 95, Albemarle County, Virginia, Rivanna Magisterial District, dated October 5, 2018 recorded in Plat Book 5127, at Page 428, being further described as follows: BEING PART OF THE PROPERTY ACQUIRED BY MALLOY PROPERTIES III, LLC, A VIRGINIA LIMITED LIABILITY COMPANY FROM BRANCH BANKING AND TRUST COMPANY, A NORTH CAROLINA BANKING CORPORATION BY DEED DATED DECEMBER 9, 2016 AS RECORDED IN DEED BOOK 4851 PAGE 460 AND DEED BOOK 4851 PAGE 466, ALSO BEING PARCEL 32 AS RECORDED IN DEED BOOK 950 PAGE 95 AND PART OF TRACT I AS SHOWN ON THE ATTACHED PLAT RECORDED IN DEED BOOK 661 PAGE 797, ALL AMONG THE LAND RECORDS OF ALBEMARLE COUNTY, VIRGINIA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A REBAR WITH CAP FOUND MARKING THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LIMITS OF PROFFIT ROAD - RTE. 649 (VARIABLE WIDTH RIGHT-OF-WAY), WITH THE EASTERLY RIGHT-OF-WAY LIMITS OF SEMINOLE TRAIL - US RTE. 29 (VARIABLE WIDTH RIGHT-OF-WAY),THENCE WITH SAID EASTERLY RIGHT-OF-WAY LIMITS,THE FOLLOWING TWO COURSES AND DISTANCES; NORTH 25° 24'55"EAST, 104.97 FEET TO A REBAR WITH CAP SET,THENCE; CONTINUING, 96.55 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 5856.58 FEET, A CENTRAL ANGLE OF 00° 56' 40", AND A CHORD BEARING AND DISTANCE OF NORTH 37° 05' 59" EAST, 96.55 FEET, THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND WITH A LINE THROUGH TRACT 1 (DEED BOOK 661 PAGE 797)AND FURTHER CONTINUING THROUGH TRACT 2(DEED BOOK 661 PAGE 744); SOUTH 76°32' 26"EAST,203.58 FEET,THENCE; 48.55 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 48.00 FEET,A CENTRAL ANGLE OF 57° 57' 03", AND A CHORD BEARING AND DISTANCE OF SOUTH 47° 33' 54" EAST, 46.51 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL LINE, THENCE; SOUTH 76° 32' 26" EAST, 35.54 FEET, THENCE CONTINUING WITH SAID THROUGH LINE AND FURTHER CONTINUING WITH THE DIVISION LINE BETWEEN SAID TRACT 1 ON THE WEST, AND SAID TRACT 2 ON THE EAST; SOUTH 12° 17' 14" WEST, 190.38 FEET TO A PK NAIL FOUND MARKING THE INTERSECTION OF SAID DIVISION LINE WITH THE SAID NORTHERLY RIGHT-OF-WAY LIMITS OF PROFFIT ROAD-RTE. 649, THENCE WITH SAID NORTHERLY RIGHT-OF-WAY LIMITS, THE FOLLOWING THREE(3)COURSES AND DISTANCES; #62691024_v3 NORTH 77°44' 25"WEST,202.52 FEET,TO A PK NAIL FOUND,THENCE; CONTINUING,NORTH 61° 59' 00"WEST, 13.43 FEET,TO A PK NAIL FOUND. THENCE; CONTINUING,NORTH 66°34' 43"WEST, 130.65 FEET TO THE POINT OF BEGINNING. CONTAINING 66,088 SQUARE FEET OR 1.517 ACRES,MORE OR LESS. TOGETHER WITH easements set forth in the following: Deed of Easement by and between Charles WM. Hurt, Stuart F. Carwile, as trustees for the 29-649 Land Trust,James F. Ewing, and Billie G. Ewing, dated December 22, 1978, and recorded December 29, 1978, in Deed Book 661 at page 797. Deed of Easement by and between James F. Ewing, Billie G. Ewing, his wife, Charlottesville Savings and Loan Association, and Monticello Home Builders Inc.,dated May 29, 1981, and recorded in Deed Book 718 at page 157. #62691024_v3 MOTES j ,J COUNTY APPROVAL N I ,.a®w....e,.•e.:...,e.e.w....•i.• �Q /`' !J am"` ...v..>6cus...., WY_ . t i -mew.....w.r.a.naw'. r--� ^l r.ecwen n..ae.ru�mra ws.•emt F li2r! :; t m.�m..uR+.wai r.c r�.r�mo '•�a'.. . • ^mumwe "e.. 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M > �I N O CT N vD 4t 0 r.111'4'.wa use: tOri W (` � '.�'ee tq[i .SITE St- l ..w eaa.. \ VICINITY We eV .M . / ... 0040 K r,,...�'it ! r a. ea,. ,.1 ".""u o "t',I ___ __I r, rrrrna�w� rt..3wuda��rc.. i Y l ! s far Oaf. :: YAWS. itWI I r 1 u .�.e am ..-wave OM �- !fl I WW1 r s(f Mvam. Ws M.•1T. a.r rr r Pi Ni ! r l • as. ..n ,. !` i F001 ens .sit.. v \ ?\ ------/--- --- /I i see.en. ea..g 1w t.Z.01: 7 1 I Ms .10 a.-WI - I 1 wet owes. ea `'v pp,,� ! wow .swam ..a `^� Woe ee II 1! .1 `,a paOp 0„.".V a --F Lv ! eta mam. am �+;w�-o`IF '� g oal s tir rm ..1 ati• .a.e,,!. �~•- i8 a1•tve. 111' -— s®▪ 'w•"0^s 11 LEGEND g01 SURVEYORS CERTIFICATE .••'"."""�^'•'� LOT 1 g .s..e. n.a ..A00,.rnao .,... LOT 2 BOHLER: : ■ROI lilL11I lie nrsti 0000.00000.00..a0 use servo .m��...+..e~s...........-......r�. r> �I N O ON N 1