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SUB201800186 Correspondence 2019-04-09 (2)
�1 pF 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 Padalino, AICP Senior Planner x. 3088 NOTES COUNTY APPROVAL N 1 THIS PLAT IS PREPARED WITH REFERENCE TO A Pj COMMITMENT FOR TITLE INSURANCE PREPARED BY FIDELITY t'� lN NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO �L,° \7 , LANDSCAPE EASEMENTS((A) 17-001693,WITH AN EFFECTIVE DATE OF NOVEMBER 9,2018 \ AREA 900 S.F OR 0021 AC. L. co �--- \1_ (HEREBY CREATED) APPROVED COUNTY AGENT DATE q 6! E ¢ 2 THE PROPERTY IS LOCATED IN OTHER AREAS ZONE X J si M1� 4'� in C6 �^ �� • ¢ ED (AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL • i�6 ROW 1 ' h-'( \ I• W CHANCE FLOODPLAIN)PER MAP ENTITLED"FIRM,FLOOD Pp,Kp _ / j ►ycc INSURANCE RATE MAP,ALBEMARLE COUNTY,VIRGINIA AND R.0 •3 7-4-_J� to. �l1E S a A�W'OB13' Z .4� g1Rp 4- INCORPORATED AREAS AND THE INDEPENDENT CITY OF Q " _O OR SITE CHARLOTTESVILLE,PANEL 145 OF 575",MAP NUMBER 4�1 L-15.70 `a �� LOT 2 ��� �71 TRo 0 o. 51003C0145D,WITH A MAP EFFECTIVE DATE OF FEBRUARY 4, Q� � CH8 CF1D215 _ �- D.B.5127 PG.428 \�� �P 3.W 2005 P43 THERE ARE NO KNOWN BURIAL SITES LOCATED ON RTR5856.58' LI o� v PROFFITROAD EITHER LOT 1 OR LOT 2 , R48.00' S A4 °5640 - Ao5T57'03' 1no4 TMP#32A-02-1 8 32A-02-1A1(LOT 1)AND TMP#32A-02-1A L S78• T4 L�8.55' > }(LOT 2);TMP NO'S NOTED PRIOR TO BOUNDARY LINE CHB=N37°OS591 \ 32 T9\ ``- CHg:S47°33.54•E dr, ADJUSTMENT PLAT WAS RECORDED,AND MAY BE UPDATED CHDiJ6.55 •58' CHD�651, PER THE ACCESSORS OFFICE. \ 1�? TEMPORARY CONSTRUCTION 20 A. ZONING i PROP OFFSITE 29.10'(TIE \ �\ C iq� \ is EASEMENT(B) �4, i LANDSCAPE EASEMENTS(B) \ AREA 11,075 S.F.OR 0254 AC. - HIGHWAY COMMERCIAL AREA1,039 S.F.OR 0.024 AC. PROP OFFSITE < N, • (HEREBY CREATED) (HEREBY CREATED) IANDSCAPE EASEMENTSAREA.1030 S.F.OR 0.024�c) Z \ N.... / 676• 133 5 PROPERTIES ARE NOT LOCATED WITHIN AN ALBEMARLE lff81R (HEREBY CREATED) V � 40,)= COUNTY WATER SUPPLY WATERSHED PDY6Wl / ,g�' - c, I S76°3226 E 35.54' 6 PROPERTIES ARE NOT LOCATED WITHIN AN JOINT [asEvexr // /- Sj32‘b`E�1? �N''� o-I AGRICULTURAL-FORESTAL DISTRICT. OR 661 PG 797 ACSA S446'ARY SEWN 14' `Nt �`" - 77 VICINITY MAP 7 THE PURPOSE OF THE PRIVATE LANDSCAPE EASEMENTS �A k SHOW s Tr IN e41), +s° SCALE: ,2000' IS THE RETENTION AND MAINTENANCE OF VEGETATION WITHIN T O.8 3395%- 75 s36yTH DESIGNATED AREAS FOR CONSISTENCY WITH THE 6k,APPROVED FINAL SITE PLAN 20'A:SASANITARYEASEMENT1.9. SURVEYOR'S CERTIFICATE AREA:477 S.F OR 0.011 AC. ? ACS1 SIMIAN?SEWER EASEMENT 8 SIGHT DISTANCE EASEMENT THAT IS DEDICATED TO (HEREBY DEDICATED FOR PUBLIC USE) F_ r AB MOO PG 81 I,ROBERT C HARR,JR,A DULY LICENSED PUBLIC USE SHALL BE KEPT CLEAR OF VISUAL OBSTRUCTIONS, h \\ ' \ PROFESSIONAL LAND SURVEYOR IN THE INCLUDING BUT NOT LIMITED TO FENCES,STRUCTURES AND ti \ \ COMMONWEALTH OF VIRGINIA,DO HEREBY LANDSCAPING 12 , CERTIFY THAT THIS PLAT WAS PREPARED I IeR P4sfr£Nr r 5--. FROM A BOUNDARY SURVEY AND IS CORRECT 9 ALBEMARLE COUNTY SERVICE AUTHORITY(ACSA) I LOC / OR PG TO THE BEST OF MY KNOWLEDGE EASEMENTS ARE TO BE CENTERED ON ASBUILT LOCATIONS LOT 1 ' i s40.LT11 oz. LANDSCAPE EASEMENT LOT 2 LINE TABLE D.B.5127 PG.428 " O� Li„ , RfBIR W/ 1.\\. 1 D.8 5127 PG.428 • �' _ •1ik3 Z LINE BEARING DISTANCE II ��jy L1 N36°32'03"E 1911' GP FOUND ' l is No ! .42 " •SMgARY SEWER EASEMENT -' VIRG NIA '`"iRVEYOR No.3111 DATE L2 S76°32'26"E 55.33' f / v* ^ i OR 1178 PG 511 / L3 S13°27'34'W 1758' 1y Sao I ' 1..11 Oh'..t796PG ( 1+ 9�.03( RVE�O� L4 N76°32'26"W 62.82' \ ' / �II / "PG. L5 N04°26'57"E 2000' / p8 / o j f / / L6 S85°33'03"E 45.00' �- .679.1 _11 S12°46'18'W.1 . ' L7 SO4°26'5T'W 20 00' //�' ' �9.15' TEMPORARY CONSTRUCTION J I' AREA:2,6 2EASEMENT(S.F.OR0.060AC L8 N85°33'03'1N 45 00' N61°5900'W ' j I S7n134 (HEREBY CREATED) L9 N 11°26'S 1"E 22.50' 13.43' % �20.37' • • OWNERS CONSENT PRE ' r 116 20'WATERLINEEASEMENT L10 S77°51'22"E 29.85' FF NTT° �� AREA:503 S.F OR 0.012 AC. THE FREE AND CONSENT IN ACCORDANCE WITH THE DESIRE THE DEDICATION OF EASEMENTS OVER LOTS 1&2 IS WITH ���LE#RDAD ��-�5 + II5?' ' I �' (HEREBY DEDICATED FOR PUBLIC USE) L11 S12°OB'38'W 19 50' OF THE UNDERSIGNED OWNERS �7 E"4t2 6 i Cf-I y• V49 6� L18 �511°5920NV WATER EASEMENT L12 S77°51'22"E 77.15' 1 '?1 33' LINE TABLE L13 S13°27'34'W 545' NOTARY CERTIFICATE tP 28.69' 954/ 5�4 E9663' LINE BEARING DISTANCE THE CITY/COUNTY OF TIE M)° L14 N76°32'26'W 106.63' CHARLOTTESVILLE PROFFIT,LLC DATE THE COMMONWEALTH OF VIRGINIA J 4r4_ 4443.0Vcc,I� L15 N13°40'40"E 25 40' DISTANCE EASEMENT _ ) L16 S76°19'20"E 20.00' TEMPORARY CONSTRUCTION AREA.318 S.F.OR 0.007 AC --- EASEMENT LINE TABLE TO WIT (HEREBY CREATED) L17 S 13°40'40'W 24,92' LINE BEARING DISTANCE I, ,A NOTARY PUBLIC AT LARGE WHOSE COMMISSION LEGEND L18 N77°42'46'W 20 01' WILL EXPIRE ON DO HEREBY CERTIFY THAT WHOSE T1 S54°18'18"E 67 03' MARTHA JEFFERSON HOSPITAL DATE NAME(S)JUST SIGNED TO THE FOREGOING OWNERS CONSENT AND DEDICATION DATED HAVING ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE 0 PROP CORNER TO BE SET 0 PK NAIL FOUND UNLESS OTHERWISE NOTED T2 S35°15'01"E 39 08' AFORESAID PLAT SHOWING VARIOUS I�(7(� DENOTES PORTION OF SANITARY SEWER T3 S77°25'20"E 75.3T GIVEN UNDER MY HAND THIS_DAY OF 20 "'"0 EASEMENT TO BE VACATED OVER THE LANDS EASEMENTS OVER /--------- T4 569°26'33"E 13 21' OF MARTHA JEFFERSON HOSPITAL LOT 1 /// NOTARY CERTIFICATE ® DENOTES PORTION OF SANITARY SEWER T5 555°44'33"E 50.78' EASEMENT TO BE VACATED OVER THE LANDS AND THE CITY/COUNTY OF OF HALLOO PROPERTIES III,LLC LOT 2 ret4 1'Ot' T6 S01°54'30"E 34 20' D B 5127 PG.428 THE COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY,VIRGINIA 17i8,yT7 N76°32'28'W 25 73' RIVANNA MAGISTERIAL DISTRICT TO WIT SCALE 1"=30' T9 N76°32'26'W 203 58' DRAWN BAS II-SHEET 1 OF 2 I, ,A NOTARY PUBLIC AT LARGE WHOSE COMMISSION TEMPORARY CONSTRUCTION EASEMENT CURVE TABLE WILL EXPIRE ON DO HEREBY CERTIFY THAT WHOSE 30 15 1 e 0 30 NAME(S)JUST SIGNED TO THE FOREGOING OWNERS CONSENT AND DEDICATION M 22626 DAVIS DRIVE SUITE 250 CURVE RADIUS LENGTH CHORD BEARING CHORD DELTA TANGENT DATED HAVING ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE - - 0 B O H L E R STERLING,VIRGINIA 20164 Cl 5856.58' 52.05' N36°01'57"E 52 05' 000°30'33" 26 02' AFORESAID 1"=s0' 109.209.%DO-700.709.9501 FAX ENGINEERING .w..tavamav nn.mm C2 48 00' 48 55' N47°33'54'W 46.51' 057°5T03" 26.58' GIVEN UNDER MY HAND THIS_DAY OF ,20_ NOVA PE6Y a•3051IN WA WIOREI6IRL yEEN 19•PRIAORRIINSOUTERNNJ•1901rode,PA•SOUrIEASTERN PA SV162083EASA5 dwg .aalwwLlo .5w99eMYK+1Ao.10ROEM IARNA•1u0NOTSLX •oA10LVRsrw•GWLOI1E MC•BREW,MC ti� / N N CO # w '®• B Q 63 5 J��ti 'I' w �Qk / AND ERMANENT DRAINAGE EASEMENT !i�il '�i1 s q1 `C�� AREA 5,982 S.F.OR 0137 AC kaORT SITE �����. (HEREBY DEDICATED FOR PUBLC USE) LOT 2 ,�`j� ���J + ROgD 0� , 13 D.B.5127 PG 428 �� - m a yO. ,t(A y 1 'N 2 Ott ��fl .`l S el Q . o= QO " PROFFIT ROAD CO R=5856.58' SOii v R 48.00' S z T. A=000°56'40' SD10 /a . A=057°5T03' CO 0 c -----..\ CHB=N37°OS'59'E N89°04'17'W S7 f C B=S47°33'54'E > �� '/IP; Z0.06'(TIE) 1pCHD=96.55' 35 c ' CHD 46.51' p s0i� SDi6 �• / _ y� — R 4 A�16 °27'00' FOUND /y 1 SD8 L• s0 L=13.78' STORM WATER MANAGEMENT, L-.`-' \ CHB�26°4852'E S76'32'26'E 35.54' _4,: t f ;u�'.57 / \ CHD=13.73' ACCESS AND DRAINAGE EASEMENTS T 0 561 PG 7 _J'/ �\ \ \ 5�18 LINE TABLE ACS4 S9MTARV SE7K'R EASEMENT \ \ \ VICINITY MAP 06 J1731..511 ` „ SD19 SCALE.1"=2000' LINE BEARING DISTANCE w� AS SNOW k REF ki 'N. I COA T 9..0 3396/C. 75 �� SD1 N12°50'23"E 10 22' 3 l� Iy •� SD2 S76°32'26"E 2 93' i! rSO11�r ' ACSA SIN7PC SEVER EASEMENT SD51.7�--.-1 18 1600 PC Ri SD3 N84°54'00"E 20.42' / -, N) SD4 N08°12'53"E 9 68' STORM WATER MANAGEMENT AN / SD25 /' l / ACCESS EASEMENT / / /t /l tPAN1FR`� COUNTY APPROVAL SDS N81°4T 07'W 14.68' AREA.TED FOR OR013USE. / r �' 08 3,596 PG EASEMENT 5 (HEREBY DEDICATED FORPUBLIC 7AC. I I 0e 'u96 SDB N13°2T 34"E 18.75' LOT 1 /g // SD7 N38°43'47'W 34.17' D.B.5127 PG.428 /o I �� I ) LOT 2 APPROVED COUNTY AGENT DATE D.B.5127 PG 428 SD8 N84°10'43"W 82.77' REBAR W/ lI ,52/: Qy� /� / SD9 N47°3T 22"W 33.41' CAP FOUND /^ "'I 01 / o \it / 2 e I SWAP?'SEW R EASEMENT /� SDI N22°32'07"E 19.41' PERMANENT DRAINAGE EASEMENT.220 AC. (/ Jl I I. 00 1175 PC 511 / SD11 N80°52'06'W 72 94' 4f68'14'71Y (HEREBY DEDICATEDARE2FOR PUBLIC C USE) I �/ I $ �i I 8' 4 1,,��:,514 �65 / / k I/ / B 1J / S012 N09°07'54"E 20.00' \ / I / y N ' / / SD13 S80°52'06"E 98.26' / / y. l!V / / SD14 S22°32'07"W 30 70' N6176'yy 505p / I I SD15 S47°3T 22"E 12.76' v w 1 7 -� I / //I / / I / /SD16 S84°10'43"E 84 54' �"s � I N61°59'001W m�?i I l' SD17 S38°43'4T'E 37 49' 13.43' SD� I I / SD18 NOS°12'53"E 4 49' ���4c�0R�fib N77°447"" 202.51, y SD2 -`�.. {. SD19 S76°32'26"E 15 18' 1°67 g0 AO fps�'HT aF'`i E 49 42.18' SD20 SO8°12'53'W 39.18' �?Qs 41{ f -isvE_____ SD21 S78°32'26"E 15.50' 20.613'(TIE•° __ SD22 N13°27'34"E 7 76' p 17R/7Y ft EikN7 2453,0 SD23 S81°47'OT'E 39.21' 0.6 716 PO 157 )_ SD24 SOS°12'53"W 20.00' / 7, D�7� SD25 N81°47'07"W 5 90' LEGEND O PROP CORNER TO BE SET o PK NAIL FOUND UNLESS OTHERWISE NOTED 7 DENOTES PORTION OF SAN SEWE PLAT SHOWING VARIOUS EASEMENT TO BE VACATED OVER ITARY THE R LANDS EASEMENTS OVER SURVEYOR'S CERTIFICATE OF MARTHA JEFFERSON HOSPITAL LOT 1 ® DENOTES PORTION OF SANITARY SEWER AND I,ROBERT C.HARR,JR.,A DULY LICENSED EASEMENT TO BE VACATED OVER THE LANDS OF MALLOY PROPERTIES III,LLC LOT 2 PROFESSIONAL LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA.DO HEREBY D 8.5127 PG.428 CERTIFY THAT THIS PLAT WAS PREPARED �H ALBEMARLE COUNTY,VIRGINIA FROM A BOUNDARY SURVEY AND IS CORRECT gaff RIVANNA MAGISTERIAL DISTRICT TO THE BEST OF MY KNOWLEDGE �‘'1`-r 0/{'j SCALE:1"=30' DATE.FEBRUARY 22,2019 SO 'P, DRAWN'BAS II-SHEET 2 OF 2 ROBERT C. y ,z 0 HARR.JR. j 30 15 7.5 0 30 B O H T .E R 2xxwv5oRNE 5uI7Etso Lic No.3111 —=INIIIIIIIMMO � STDDOES DONE IA1102 1'=30' 703 709.9500.703.709.9501 FA% Z LZ p E�O� ENGINEERING ....bonl.•�9""°"'a W"' VIRGINIA LAND SURV R No.3111 DATE S U RV •95s1A00IEW1 .9a5rJ .011:1NrE75•w9113(9•PrINE NOJ7 a9.190190o'.r5•EO1EM1 PA SV162083EASA5.dwg .54.1301310 •SOVITI9rn. NO)giCANIVARGINA wasiliGiCKOC NOEKIAtlelPGIII•OAR017L.Iw•akmlic 201900000575 PG 001 BK 05131 PG 0056 Prepared Outside of the Commonwealth of Virginia By and Return To: Erica H. Weiss, Esq. Submitted for Electronic Recording by: Holland&Knight LLP Fidelity National Title Ins.Co. 1620 L Street,N.W.4th Floor 800 17th Street,NW Suite 1100 Washington,DC 20036 Attn: Susan L.Trapkin Washington, DC 20006 Tax Map and Parcel 032.A0-02-00-00100 d 032AO-02-00-001A 1 2 0 J4-dijtTMP At- .tAR%.E Co.VA DEED OF LANDSCAPE AND MAINTENANCE EASEMENT This DEED OF LANDSCAPE AND MAINTENANCE EASEMENT, (this "Easement") is made as of this ay of January,2019,by and between MARTHA JEFFERSON HOSPITAL, a Virginia non-profit corporation, having an address of 500 Martha Jefferson Drive, Charlottesville, Virginia 22911 ("Grantor") and CHARLOTTESVILLE PROFFIT, LLC, a Delaware limited liability company, having an address of 8605 Westwood Center Drive, Suite 410, Vienna, Virginia 22182 ("Grantee"). WITNESSETH: WHEREAS,Grantor owns certain real property in the County of Albemarle, Commonwealth of Virginia, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Grantor's Property"); WHEREAS, Grantee owns certain real property in the County of Albemarle, Commonwealth of Virginia, as more particularly described on Exhibit B attached hereto and incorporated herein by reference (the "Grantee's Property"); WHEREAS, Grantee desires to construct and install, at Grantee's sole cost and expense, landscaping improvements located on Grantor's Property; and WHEREAS, Grantor desires to provide to Grantee, and Grantee desires to receive from Grantor, easements to provide landscaping improvements located on Grantor's property as such easements are depicted on the plat attached hereto as Exhibit C (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 is hereby acknowledged by Grantor,the parties hereto agree as follows: 1. GRANTOR'S GRANT OF LANDSCAPE EASEMENTS. Grantor does hereby grant to Grantee, and Grantee's agents,contractors, licensees,employees,representatives,successors (including, without limitation, any and all successors to Grantee in title to the Grantee's Property) and assigns (collectively, the "Grantee Parties"), the following easements for #61806439_v7 201900000575 PG 002 landscaping purposes(collectively,the"Landscape Easements"),which are each located on Grantor's Property, as depicted on the Plat: a. Easement A: a 900 square foot landscape easement for purposes of installing certain landscaping improvements in the location and configuration set forth as Landscape Easement A on the Plat("Landscape Easement Area A"); b. Easement B:a 1,039 square foot landscape easement for purposes of installing certain landscaping improvements in the location and configuration set forth as Landscape Easement B on the Plat("Landscape Easement Area B"); and c. Easement C: a 1,030 square foot landscape easement or purposes of installing certain landscaping improvements in the location and configuration set forth as Landscape Easement C on the Plat ("Landscape Easement Area C"); Landscape Easement Area A, Landscape Easement Area B and Landscape Easement Area C are collectively referred to as the "Easement Areas"). Grantee shall have the right of access to the Easement Areas and the right to install, plant, maintain, inspect, remove and replace trees, shrubs, bushes, grass, plants, groundcovers and other forms of vegetation, and landscaping features, to include irrigation and lighting in the Easement Areas (the "Landscaping Improvements") as required in the Final Site Plan No. SDP-2018-00048, prepared by Bohler Engineering, and approved by the County of Albemarle, Commonwealth of Virginia ("Final Site Plan"), incorporated by reference. Grantee, its successors and assigns shall maintain and replace(as necessary)the Landscaping Improvements in good condition and repair. If Grantee fails to so maintain, repair or replace the Landscaping Improvements within thirty (30) days after receipt of written notice from Grantor of the need for maintenance or repair of the Landscaping Improvements, Grantor shall have the right,but not the obligation,to make the necessary repairs and shall be entitled to recover all reasonable costs and expenses in connection therewith from the other party, including court costs and attomey's fees, incurred in connection with such repairs or maintenance of the Landscaping Improvements. No temporary or permanent buildings, structures or obstructions shall be placed on or over said Easement Areas by the Grantor,nor shall the Grantor remove any such vegetation. 2. NO PUBLIC RIGHTS; NO THIRD PARTY BENEFICIARIES. Nothing contained in this Easement shall or shall be deemed to constitute a gift or dedication of any portion of the Easement Area to the general public, for the benefit of the general public, or for any public purpose whatsoever, it being the intention of Grantor and Grantee that this Easement shall be strictly limited to and for the purposes expressed herein. Grantor and Grantee agree and acknowledge that, except as expressly set forth herein, there are no intended third party beneficiaries of this Easement nor of any of the rights and privileges conferred herein. 3. INDEMNITY. Grantee, its successors or assigns, shall defend, indemnify and save harmless Grantor, its officers, agents and employees, and any mortgagee of Grantor's Property, from, against and with respect to any and all suits, demands, causes of actions, liabilities, claims, losses,costs and expenses relating to or arising from or with respect to any injury or damages of whatever nature, including death,or damage to property arising out of or related to any activity of Grantee, its agents, employees, licensees or contractors, their agents or employees on the Easement Areas. Grantee shall maintain commercial general liability insurance of not less than $1 million and shall name Grantor as an additional insured. #61806439_v7 201900000575 PG 003 4. NOTICES. Notices in demand required or permitted to be given hereunder shall be given by certified mail return receipt requested,or by a national overnight express service such as Federal Express, addressed to the parties at their respective addresses listed above, or at such other address as specified in writing by such party. Unless otherwise specified to the contrary in this Easement, all notices shall be deemed to have been given upon receipt (or refusal of receipt) thereof. 5. COUNTERPARTS. This Easement may be executed in several counterparts, each of which shall be deemed an original. The signature of the parties hereto on this Easement may be executed and notarized on separate pages, and when attached to this Easement shall constitute one complete document. 6. CAPTIONS. The section headings appearing in this Easement are for convenience of reference only, and are not intended, to any extent and for any purpose, to limit or define the text of any section or subsection hereof. 7. NO PARTNERSHIP. None of the terms and provisions of this Easement shall be deemed to create a partnership between or among the parties hereto in their respective businesses or otherwise,nor shall any terms or provisions of this Easement cause them to be considered joint venturers or members of any joint enterprise. 8. NO CANCELLATION UPON BREACH. It is expressly agreed that no breach of this Easement shall entitle any party to cancel, rescind or otherwise terminate this Easement. 9. FURTHER ASSURANCES. Each party shall execute and deliver such other documents and take such other action as may be reasonably requested by the other party to effectuate the purposes and intention of this Easement. 10. EXHIBITS. All exhibits referred to herein and attached hereto shall be deemed part of the Easement. 11. RECORDING. The Easement shall be recorded among the land records of Albemarle County, Virginia. 12. GOVERNING LAWS. The internal laws of the Commonwealth of Virginia shall apply to the Easement without giving effect to the conflict of law provisions thereof. 13. SEVERABILITY. If any term, provision or condition contained in this Easement shall,to any extent, be invalid or unenforceable,the remainder of this Easement(or the application of such term,provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term,provision or condition of this Easement shall be valid and enforceable to the fullest extent permitted by law. 14. BINDING ON FUTURE PARTIES. The easements described herein shall run with the land and shall be binding upon and inure to the benefit of the Grantor and Grantee and their respective successors and assigns, including, without limitation, all subsequent owners of Grantor's Property and Grantee's Property, or any portion thereof, and all persons claiming under them. #61806439_v7 201900000575 PG 004 IN WITNESS WHEREOF,the parties have executed this Easement as of the day and year first above written. GRANTOR: MARTHA JEFFERSON HOSPITAL,a Virg' '. non I rofit orporati By: si Nam- E211F.AVY i�. �_ ✓I Its: STATE OF V A )SS. n COUNTY ) Personally came before me this l( day of January, 2019, the above named 3 n f-k 1D aV's , the Pre s ci..12&± of Martha Jefferson Hospital,to me known to be such f 1 S•. and acknowledged that [s]he executed the foregoing instrument as the deed of said corporation,by its authority. Mt, pautis,., Notary Public My Commission Expires:9/30/a 0 Ellen P Donlon NOTARY PUBLIC Commonwealth of Virginia Reg. # 7196343 My Commission Expires September 30,2020 [Signature page to Landscape and Maintenance Easement] #61806439_v7 201900000575 PG 005 GRANTEE: CHARLOTTESVILLE PROFFIT,LLC, a Delaw e limited liability company By: �., Q�— ary S. Baum 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. '1 '"''r•;" — O ja4 ;P 1 Not ublic 1, . %* a. My Commission Ex . es: August 12, 0 , u ` �, '4'w= JOCELYN �f•.,Ot ,`,`,``� C. BECKMAN ' ., "''' NOTARY PUBLIC STATE OF NEW JERSEY ID#2399360 MY COMMISSION EXPIRES AUG. 12, 2020 [Signature page to Landscape and Maintenance Easement] 201900000575 PG 006 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 Line Adjustment by and between Martha Jefferson Hospital and Malloy Properties III, LLC,dated January 01 ,2019 and recorded in the Clerk's Office on7ANUAwj 22,2019,in Deed BookO5t%Q page C4093. 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 #61806439_v7 201900000575 PG 007 Exhibit B Description of Grantee'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; NORTH 77°44' 25"WEST,202.52 FEET,TO A PK NAIL FOUND,THENCE; #61806439_v7 201900000575 PG 008 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. 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ZUG, CLERK RECORDED BY: MEB Tim Padalino From: Tim Padalino Sent: Tuesday, February 26, 2019 12:55 PM To: 'Mark Fontaine' Cc: John Bruns; Megan Nedostup Subject: RE:Which is it! Please provide direction You're welcome. And thank you for clarifying that the BLA plat has been approved and recorded — I'll update my files, and I apologize for that confusion. Thanks again, Mark- - - Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Mark Fontaine<MFontaine@renaudconsulting.net> Sent:Tuesday, February 26, 2019 12:10 PM To:Tim Padalino <tpadalino@albemarle.org> Cc:John Bruns<jbruns@bohlereng.com>; Megan Nedostup<mnedostup@albemarle.org> Subject: RE: Which is it! Please provide direction Thank you so much for the clarification. Attached is the recorded BLA Plat for your file. Mark J.Fontaine,CCIM Director of Real Estate Development RENAUD CONSULTING COMMERCIAL PFAL t5'4Tr 8605 Westwood Center Drive,Suite 410,Vienna,Virginia 22182 D 571-765-4436 I 0(703)404-2346 C(703)431-6938 I F(571)765-4443 mfontaine(@renaudconsulting.net I renaudconsultmq net From:Tim Padalino [mailto:tpadalino@albemarle.org] Sent:Tuesday, February 26, 2019 11:55 AM To: Mark Fontaine<MFontaine@renaudconsulting.net> Cc:John Bruns<jbruns@bohlereng.com>; Megan Nedostup<mnedostup@albemarle.org> Subject: RE: Which is it! Please provide direction 1 Hi Mark, I've looked into this application (and associated documents) in detail, and want to start with a recap of recent developments re: SUB201800186: • The Deputy County Attorney, Mr. Herrick, reviewed the revised deeds/agreements for SUB201800016 and provided markups (dated 2/1/19). Those markups were forwarded electronically by Mr. Herrick to your attorney, Ms. Weiss, on 2/4/19. o I have not been copied or otherwise involved in any ongoing coordination between the County Attorney's Office and your attorney; and I do not know the present status of the deeds/agreements that were provided (with markups) to Ms. Weiss. o My understanding is that the deeds/agreements were provided to the County inclusive of notarized signatures, and Mr. Herrick indicated he had some suggestions on how those deeds/agreements could potentially be revised so as to be approvable by the County without having to re-circulate and re-sign. o Because of the direction this review has taken (attorney-to-attorney coordination exclusive of the planner/"Review Coordinator"), any questions involving those three deeds/agreements (SWM Maintenance Agreement; SWM Easement; Sight Distance Easement) should be addressed and resolved with your attorney. (I remain available to assist if necessary.) • Additionally, all of the hard copies of the revised deeds/agreements (the three specified above, plus all the other deeds/agreements) were returned to me by Mr. Herrick, and I then transmitted those hard copies with cover sheet to the pick-up box at the CDD front desk on 2/5/19. I believe you picked them up the next day 2/6/19, although we did not meet whenever you did retrieve those hard copies of the revised deeds/agreements. Regarding the County (or partner agency) review of the easement plat and associated deeds/agreements: • VDOT and ACSA recommendation of approval ("no objection" review status) are required prior to County approval and signature of the easement plat. o ACSA review is ongoing. They will be reviewing the easement plat and also reviewing the deeds/agreements associated with the sanitary easement o It appears that VDOT's prior review comment through the submission of a separate application, a special lot plat(SUB201900012) for ROW dedication along Proffit Road. However, VDOT will still need to complete their review and provide direction to the County. • CDD-ARB identified a few revisions that needed to be made to the off-site landscaping easements (and/or associated deeds/agreements). • CDD-Engineering reviewed the revised plat (and most specifically the stormwater management and access easement and the permanent drainage easement), and indicated "no objection" on 1/30. Additionally, it appears that the Deed of Boundary Line Adjustment is not needed for the review of this easement plat (SUB201800186). That appears to be associated with the Wawa BLA plat (SUB201800150). Based on the property boundaries shown on the easement plat(SUB201800186), the BLA plat must be approved and recorded prior to the easement plat being approved and recorded. My records show that the BLA plat (SUB201800150) has been approved, but notarized signature copies have not been brought in to CDD to be signed -- and therefore I conclude the BLA plat has not been recorded. Finally, regarding my review comment in the comment letter dated 2/18, that information is correct. County staff cannot approve the easement plat (SUB201800186) until all required deeds/agreements have been executed or otherwise approved by the County Attorney's Office or the County Executive's Office (as may be applicable). 2 If you have any specific questions about the deeds/agreements for the required easements, and/or any questions about the timing and order of review, approval, recordation, etc., please let me know and I will continue to assist(or place you in contact with whomever may be best able to assist). I hope this is helpful. Thank you - -- Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Mark Fontaine<MFontaine@renaudconsulting.net> Sent:Tuesday, February 26, 2019 9:39 AM To:Tim Padalino<tpadalino@albemarle.org> Cc:John Bruns<jbruns@bohlereng.com> Subject: RE:Which is it! Please provide direction Any luck finding out what we should be doing? Mark J.Fontaine,CCIM Director of Real Estate Development @ RENAUD CONSULTING COMMEGCIAI R£Al Tr'AsE 8605 Westwood Center Drive,Suite 410,Vienna,Virginia 22182 D 571-765-4436 I 0(703)404-2346 C(703)431-6938 I F(571)765-4443 mfontaine@renaudconsultinq.net I renaudconsultinq net From:Tim Padalino [mailto:tpadalino@albemarle.org] Sent: Friday, February 22, 2019 12:37 PM To: Mark Fontaine<MFontaine@renaudconsulting.net> Cc:John Bruns<Ibruns@bohlereng.com> Subject: RE:Which is it! Please provide direction Hello Mark, I'm looking into this situation this afternoon, and will follow up with clear direction ASAP. Thanks for your patience. Tim Padalino, AICP Albemarle County I Community Development Dept. 3 (434)-296-5832 x. 3088 From: Mark Fontaine <MFontaine@renaudconsulting.net> Sent: Friday, February 22,2019 11:19 AM To:Tim Padalino<tpadalino@albemarle.org> Cc:John Bruns<ibruns@bohlereng.com> Subject:Which is it! Please provide direction Tim, I reviewed the plat attached in the email sent this morning and the letter from Albemarle County dated February 18, 2019. In the letter,the County provides that"All required easements and agreements must be formally approved or executed by the County prior to plat approval". However, in the County's markups back to us for the easement agreements,they require that we have the recordation information for the plat in the easements, which is in direct contradiction with the instructions provided above. Please let me know how the County is requiring us to proceed. The issue has prolonged for too long and we need to resolve this as soon as possible. Mark J Fontaine,CCIM Director of Real Estate Development RENAUD CONSULTING COMMERCIAL AFAt. r5'A'E 8605 Westwood Center Drive,Suite 410,Vienna,Virginia 22182 D 571-765-4436 I 0(703)404-2346 C(703)431-6938 I F(571)765-4443 mfontaine(c�renaudconsultinq.net I renaudconsultinq net 4 Tim Padalino From: Andy Herrick Sent: Tuesday, January 29, 2019 2:52 PM To: Tim Padalino Subject: RE: Draft Deed Markups: Wawa easement plat (SUB201800186) Tim, After reviewing Wawa's proposed documents, I had a few questions/comments: 1. As I had noted initially, Charlottesville Proffitt, LLC does not appear to own the subject property, and therefore cannot currently grant valid easements over it. Is there an unrecorded deed from the current owner to Charlottesville Proffitt out there? If so, I'd like to see it. When will it be recorded? 2. The instruments state that Final Site Plan SDP2018-48 has been approved. Is that accurate? 3. Has anyone verified who is authorized to'sign on behalf of Charlottesville Proffitt, LLC? 4. What's the status of the original"Plat Showing Various Easements over Lot 1 and Lot 2"? When/where will it be recorded? The letter-sized reduction, attached to the documents as Exhibit B, is much too small to be legible. An original full-size Plat should be recorded,with subsequent deeds referring back to it. 5. As noted below, the County is not a party to either the Deed of Sanitary Sewer Easement or the Amendment to Deed of Easement(ACSA). Therefore, I'll return those documents to you. Perhaps the applicant would like them routed to the ACSA,who is a party to them. Let me know when you've had a chance to review. Thanks. Andy Herrick Deputy County Attorney Notice:This email may contain attorneychent pnvileged information,pnvileged work product,or other confidential mfomiation.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: Andy Herrick Sent:Thursday, January 24, 2019 4:42 PM To:Tim Padalino <tpadalino@albemarle.org> Subject: RE: Draft Deed Markups: Wawa easement plat (SUB201800186) Tim, Thanks. It's interesting to compare what I previously commented on versus what's now being presented to us for final signatures: Submitted both previously and now: • Agreement to Maintain Stormwater Management Facilities • Deed of Dedication and Easement(SWM Facilities) • Deed of Sight Distance Easement Submitted previously but not now: • Landscape and Maintenance Easement • Construction and Maintenance Easement • Deed of Boundary Line Adjustment i Submitted now but not previously: • Amendment to Deed of Easement(ACSA) • Deed of Sanitary Sewer Easement In any event, the common element of both the documents submitted previously but not now(the second type) and the documents submitted now but not previously (the third type) is that the County is not a party to any of them. In other words, County signatures are not required on any of the last five documents. Do we know why we're being sent different documents that don't require a County signature? I'll review my prior comments and the proposed final documents shortly. Thanks. Andy Herrick Deputy County Attorney Notice This email may contain attorney-client pnvileged information,pnvdeged work product,or other confidential information 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:Thursday, January 24, 2019 4:27 PM To:Andy Herrick<aherrick@albemarle.org> Subject: Draft Deed Markups: Wawa easement plat (SUB201800186) Hi Andy, Thanks again for your help this afternoon with the deed/agreement docs for the Wawa easement plat (SB201800186). Fortunately, I did scan in the markups you identified last month (12/12/), and those are attached for your reference when reviewing the final signed copies. I'll also convey the main considerations we discussed to Megan and David, regarding how to improve the process overall. Thanks once more! Tim Padalino, AICP Senior Planner I Community Development Department County of Albemarle, Virginia https://www.albemarle.orq/department.asp?department=cdd (434)-296-5832 x. 3088 2 , Tim Padalino From: Andy Herrick Sent: Friday, February 01, 2019 3:50 PM To: Tim Padalino Subject: RE: Easement Plat and Drainage Deed - Wawa SUB201800186 Attachments: 3267 Proffit Road - Perm Drain Easement (Martha Jefferson Hospital) 190201.DOCX; 3267 Proffit Road - Perm Drain Easement (Charlottesville Proffit LLC) 190201.DOCX Tim, Here are my suggested revisions to the two permanent drainage easements. I'm also returning to you with hand-written continents the paper originals of three other documents to which the County is a party. If the owners are agreeable, we can discuss how best to make the corrections to the signed paper documents without having to re-circulate them for signatures. Let me know of any questions. Thanks. Andy Herrick Deputy County Attorney Notice.This email may contain attorney-client privileged information,pnvileged work product,or other confidential inlomiation.It is Intended only for the designated recipient.If you receive this message and are not a designated recipient you arc requested to delete this message inunedhately and notify me that you have received this by mistake Thank you. From: Tim Padalino Sent: Wednesday,January 30, 2019 10:39 AM To: Andy Herrick<aherrick@albemarle.org> Cc: James Douglas<jdouglas@albemarle.org> Subject: FW: Easement Plat and Drainage Deed -Wawa SUB201800186 Hello Andy, Per my comments in my most recent email re: Wawa easement plat (SUB201800186), I'm sending the attached draft deeds (for Permanent Drainage Easements, listing the County of Albemarle as Grantee) for CAO review and comment. Please note that most recent version of the easement plat SUB201800186 is also attached (the attachment with filename ending "_unsigned.pdf'). Additionally, while in the process of composing this message, I also received another email with yet more attachments from the applicant—that newest message is attached. When you open it, you will see it contains two more attachments which attempt to address your recent questions, including: a) the recorded deed for Charlottesville Proffit, LLC; and b) a document to show who is authorized to sign on behalf of the LLC. I've copied James on this message, just in case he typically assists with handling these types of transmittals. I apologize for the inefficiencies occurring with this easement plat review process. As noted in my previous message, we are working on our Departmental protocols (and CDD and CAO should probably collaborate together on refining/improving everything); and I've also conveyed to the applicant specific ways they could improve their submittal process. Here's hoping they start heeding that advice/guidance. Tim Padalino, AICP . Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Mark Fontaine <MFontaine@renaudconsulting.net> Sent: Wednesday,January 30, 2019 10:03 AM To: Tim Padalino <tpadalino@albemarle.org> Cc:Jonathan Ritchie<jritchie@bohlereng.com>;John Bruns <jbruns@bohlereng.com> Subject: Easement Plat and Drainage Deed -Wawa SUB201800186 Tim, Attached please find the most recent easement plat and associated deed of easement for drainage for County review. Mark J Fontaine, CCIM Director of Real Estate Development RENAUD F 'a CONSULTING !nMtaEPCRf PF,, At 8605 Westwood Center Drive,Suite 410,Vienna,Virginia 22182 D 571-765-4436 I 0(703)404-2346 C(703)431-6938 I F(571)765-4443 mfontaine©renaudconsulting.net I renaudconsultinq.net From:Tim Padalino [mailto:tpadalino@albemarle.org] Sent:Tuesday,January 29, 2019 11:52 AM To: Mark Fontaine <MFontaine@renaudconsulting.net> Cc:Jonathan Ritchie <jritchie@bohlereng.com>; John Bruns <jbruns@bohlereng.com> Subject: RE: WAWA Charlottesville easement plat comment response letter Hello Mark, Thanks for this message and attachments. Before I transmit these to the County Attorney's Office for review, can you please confirm these drainage deeds are for the Wawa Easement Plat SUB201800186? Just need that info to be made clear. Also, I want to pass along the following tips to make the review process go better for County staff and for applicants: • A friendly reminder that all deeds for any given plat/plan should be provided together for CAO review, in lieu of providing them in separate batches (whenever possible). 2 ' • Additionally, if you have the most recent version of this easement plat (dated 1/9, I believe?), please send that as a PDF attachment so that the CAO staff can review the deed(s) in conjunction with the most recent version of the easement plat. • Providing these draft deeds electronically is helpful, and I was just told last week that the CAO office would prefer to receive the draft deeds (or agreements, etc.) electronically. This will make their review easier, and allow them to provide feedback/comments/etc most efficiently. (It should also help applicants revise/finalize more efficiently, as well.) Thanks in advance for confirmation re: which plat these drainage deeds pertain to. And I have not received any feedback yet regarding the other deeds for the Wawa Easement Plat that were submitted last Tuesday (and which were transmitted to the County Attorney's Office the same day). Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Mark Fontaine <MFontaine@renaudconsulting.net> Sent: Tuesday,January 29, 2019 10:50 AM To:Tim Padalino <tpadalino@albemarle.org> Cc:Jonathan Ritchie <jritchie@bohlereng.com>; John Bruns<jbruns@bohlereng.com> Subject: FW: WAWA Charlottesville easement plat comment response letter Tim, For review by the County Attorney, please find permanent drainage easement documents. If acceptable, we will sign and return to you for County signature and we will then file with the County Clerk. Mark J. Fontaine, CCIM Director of Real Estate Development RENAUD CONSULTING t OMMEGCIAI PEAL 'STATE 8605 Westwood Center Drive, Suite 410,Vienna,Virginia 22182 D 571-765-4436 I 0(703)404-2346 C(703)431-6938 I F(571)765-4443 mfontaine(a�renaudconsultinq net I renaudconsultinq.net 3 Tim Padalino From: Andy Herrick Sent: Monday, February 04, 2019 1:42 PM To: Tim Padalino Subject: RE: Wawa easement plat updates (SUB201800186) Tim, Thanks. As your probably saw, I just shared these comments with the attorney. We'll see where she'd like to go from here. I'll keep you posted. Thanks again. Andy Herrick Deputy County Attorney Notice:This email may contain attorney-client pnvileged information,pnvileged work product,or other confidential information.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: Monday, February 4, 2019 11:20 AM To: Andy Herrick<aherrick@albemarle.org> Subject: RE: Wawa easement plat updates (SUB201800186) Sure —that would work. They are scanned and attached for your use. Thanks (as always) - - - Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Andy Herrick Sent: Monday, February 04, 2019 10:28 AM To:Tim Padalino <tpadalino@albemarle.org> Subject: RE: Wawa easement plat updates (SUB201800186) Tim, I'd suggest scanning and e-mailing the marked-up versions to me. I'll then share them with Ms.Weiss, who can also share them with Mr. Fontaine,as she sees fit. Thanks. Andy Herrick Deputy County Attorney Notice:This email may contain attorney-client privileged information,pnvileged work product,or other confidential information.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: Monday, February 4, 2019 9:44 AM 1 To: Andy Herrick <aherrick@albemarle.org>; Erica.Weiss@hklaw.com Subject: RE: Wawa easement plat updates (SUB201800186) Thank you, Andy. Assuming Mr. Fontaine comes in to CDD this Wednesday 2/6 as expressed below, I will plan to provide him the marked-up copies of the already signed documents. If a different approach is preferred or required, I will adjust that plan upon request by either Ms. Weiss or Mr. Fontaine. Thank you - - - Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Andy Herrick Sent: Saturday, February 02, 2019 10:44 AM To: Erica.Weiss@hklaw.com Subject: FW: Wawa easement plat updates (SUB201800186) Erica, Attached are my suggested revisions to two storm drainage easements that you had drafted for the proposed Wawa in Albemarle County,Virginia. In addition,we received three other instruments, already signed by Charlottesville Proffit, LLC and Martha Jefferson Hospital, that required additional corrections. After making copies of the signed originals, I marked-up those copies and returned them to the County's planner. If Charlottesville Proffit, LLC and Martha Jefferson Hospital are agreeable to my suggested revisions on the already-signed instruments, I'd suggest that the corrected pages simply be substituted in (with the owners'written consent- even by e-mail), rather than re- circulating already signed instruments for additional signatures. Though Mr. Fontaine and our planner have discussed possibly inviting me to a meeting, I wanted to contact you directly rather than meet with a represented party. Let me know if the above approach works for you, and I'll ask our planner to forward my marked-up copies of the already-signed instruments. Thanks. Andy Herrick Deputy County Attorney County of Albemarle (434) 972-4067 Notice:This email may contain attomey-chent privileged information,privileged work product,or other confidential information.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: Mark Fontaine <MFontaine@renaudconsulting.net> Sent: Friday, February 01, 2019 5:00 PM To:Tim Padalino <tpadalino@albemarle.org> Subject: Re: Wawa easement plat updates (SUB201800186) 2 Thank you for the prompt reply Tim. I would like to pick them up in person on Wednesday. Please let me know what time I can swing by your office. I will be in Charlottesville from 8 AM until 4 PM this Wednesday. Thanks! Mark Fontaine, CCIM 703-431-6938 On Feb 1, 2019, at 4:55 PM, Tim Padalino <tpadalino@albemarle.org>wrote: Hello Mark, Please find attached the comments from the County Attorney's Office, regarding the deeds you provided electronically earlier this week. Additionally, I've been informed that the other deeds submitted in hard copy format have also been reviewed and the following update: I'm also returning to you with hand-written comments tlic paper originals of three other documents to which the County is a party. If the owners are agreeable, we can discuss how best to make the corrections to the signed paper documents without having to re- circulate them for signatures. Please let me know how and when you would like to retrieve the paper originals with hand-written comments from CDD, and we can go from there regarding discussion with the Deputy County Attorney about correcting without re-circulating. Thanks - - - Tim Padalino, AICP Senior Planner I Community Development Department County of Albemarle, Virginia https://www.albemarle.orq/department.asp?department=cdd (434)-296-5832 x. 3088 <3267 Proffit Road - Perm Drain Easement (Charlottesville Proffit LLC) 190201.DOCX> <3267 Proffit Road - Perm Drain Easement (Martha Jefferson Hospital) 190201.DOCX> 3 Tim Padalino From: Tim Padalino Sent: Friday, October 19, 2018 4:45 PM To: 'Mark Fontaine' Subject: RE: Deed of easement Hello Mark, I've reviewed this question with another Senior Planner and a Principal Planner, and the guidance I received is that the County needs to see deeds for all such easement (unless they're entirely in the public ROW, but in this case, it looks like the sight distance easement is on private property). Seeing the deeds—even if it's simply an arrangement between two private entities—allows the County to make informed, accurate decisions when deciding to approve a plat with these types of easements (such as: how will the off- site landscaping easement be maintained, as one example). For the stormwater easement, CDD-Engineering will comment on that element of the plat/project. They have templates for deed of easements for access and maintenance of SWM facilities, and can provide you with a template to use in this application. (The easement plat was transmitted to CDD-Engineering earlier this week.) I hope this info is helpful. Please let me know if you want to discuss this or have any requests for assistance. (Review comments will be sent out on 11/6.) Thanks - - - Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From:Tim Padalino Sent:Tuesday, October 16, 2018 5:08 PM To: 'Mark Fontaine'<MFontaine@renaudconsulting.net> Subject: RE: Deed of easement Hello Mark, Thanks for your inquiry. I know a deed is required with certain easement types (such as for stormwater management .access and maintenance easements), but I am not certain about what the Code requires for the off-site landscaping easement or temporary construction easement. I received an easement plat (SUB201800186) for Wawa at 29 and Proffit Road, and that plat includes easements of the following types: • temporary construction • storm • stormwater management i • sanitary • off-site landscaping • sight distance I will look into the specific requirements re: deeds for any of these different easement types and follow up ASAP. It may take a couple days but I will contact you before the end of the week (if not sooner). Thanks --- Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Mark Fontaine [mailto:MFontaine@renaudconsulting.net] Sent:Tuesday, October 16, 2018 10:59 AM To:Tim Padalino<tpadalino@albemarle.org> Subject: Deed of easement Tim, Does the County require a deed of easement to be reviewed by the County and recorded for items such as a landscape easement and temporary construction easement,etc.? Mark J.Fontaine I CCIM Director of Real Estate Development Renaud Consulting 8605 Westwood Center Drive,Suite 410,Vienna,Virginia 22182 D (571)765-4412 0 (703)404-2346 C (703)431-6938 F (571)765-4443 mfontaine(r�renaudconsultinq.net I www.renaudconsultinq.net RETAI BROKERS The RBN has qualified commercial real estate professionals in over 65 offices across North America www.retailbrokersnetwork corn 2 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 applicant has requested County approval/execution of these signed and notarized documents. 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. Please return this highlighted easement plat to me after your work on this easement plat(and correspond instruments) is complete. Additionally,please note that no instrument was provided for the proposed"off-site landscape easements" 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,please note this easement plat(SUB-2018-00186)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. Thank you, Tim Padalino,AICP Senior Planner x. 3088