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HomeMy WebLinkAboutWPO202100057 Agreement - SWM Maintenance 2022-02-23 (2)2 ��L��3(�j7j�[17 RECORD COVER SHEET ommonweaffh of iig1ma VA. CODE §§ 17.Id23,-227.1, -249 FORM A - COVER SHEET CONTENT Instrument Date:..Y17/2022 ................................................ Instrument Type: Number of Parcels: ....... 1....... Number of Pages: ..... 15...... [ ] City N County ALBE..MAR.L.E ................................................................... CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [1-266 X] Grantor:.. 17 ..:...................................................................................... [)(J Grantee:.. rantee:....17 ...:.............1-266 ......................................................................... Business/Name RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Feb 23, 2022 AT 03:32 pm BOOK START PAGE END PAGE INST # 202200002304 TOTAL NUM PAGES 16 EMJ _ (Area Above Reserved For Deed Slump Only) ......... 1...... X Grantor: MARITAL.TRUST ONE UNDER THE ERIC M. HEINER TURST AGREEMENT ...................................................................................................................................................................................................... ................. Grantor:................................................................................................................................................................................................................................... 1 X Grantee: COUNTY OF ALBEMARLE, VIRGINIA .................................................................................................................................................................................................................................. ................. Grantee:............................................................... -- -- ..................--- ------ ___ Grantee Address Name: COUNTY OF ALBEMARLE, VIRGINIA ................................................................. Address:.401. MCINTIRE. ROAD City: CHARLOTTESVILLE........................................................ .State:...... VA..... zip Code: .22902............................... Consideration.. so 0o ........................ Existing Debt:so oo............................ Actual Value/Assued:.s0... o............................ .......:.............:...... m PRIOR 1NSTRUAf£NT UNDER § 58.1-803(D): Original Principal:_5.....�............................. Fair Ylarkci Value Increase:$0.:...0............................. Original Book No.:........_ .............................. Original Page No.:........................................ Original Instrument No.:............................................ Prior Recording At: [ ]City [)Cf County ni.eEr..axi.e....................... Percentage In This Jurisdiction: -_10D6 Book Number: _36ao................ Page Number:._ 670... ............ Instrument Number:.......................................... Parcel Identification Number/fax Map Number: _07800-00.--00, 017G2 ................................................................................................. Short Property Description: ..........PANTOP........S SHOPPING ....CE.NTE...........R .........................................................................................................................._............. WPO-2021-00057 Current Property Address:.N City: CHARL0.T.TES.V1LLE.......................... I......... State:.—.Y. ...... Zip Code: 22902. ........................ Instrument Prepared By: ALBEMARLE CO..UNTY cDD......................... Recording Paid By: VA cDDE 17.1-266 ............................... _.......... _.......................... Recording Returned To: CARLA.HARRIs Address: ..ALBEMARLE COUNTY COMMUNITY DEV, 401 MCINTIRE ROAD - NORTH WING _......-................_...................................................................................................._.............................................................................................................. City: CHARL0TTFSVILLE................................................. State: ....... Zip Code:..229oz............................... FORNCC-1570iMASTER PAGEONEOF ONE It0119 0 Copyright 2014 Office of the Executive Secretary. Supreme Com of Virginia. All rights reserved. Cover $ heeC A 202200002304.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Nos. 07800-00-00-017G2 This agreement Is exempt from Clerk's fees under I uginia Code S 17.1 266 AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES THIS AGREEMENT is entered into by and between MARITAL TRUST ONE UNDER THE ERIC M. HEINER TRUST AGREEMENT dated April 24, 1998, as Amended by Amendment dated September 13, 1999; BERTIE D. HEINER; BERTIE M. HEINER; CHARLES A. HEINER; DAVID A. BEACH, TRUSTEE for the DAVID A. BEACH TRUST, under Declaration of Trust dated August 8, 1997; MOSBY REALTY, LLC, a Virginia limited Lability company; and CHARLES ROTGIN, JR., TRUSTEE OF THE CHARLES ROTGIN, JR. SECOND AMENDED AND RESTATED TRUST, under Agreement dated April 9, 2003, hereinafter collectively 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 described as Albemarle County Parcel ID No. 07800-00-00-017G2, hereinafter called the "Property," by instruments recorded in the Clerk's Office of the Circuit Court of Albemarle Count}, Virginia, in Deed Book 1268, page 511 (as to Berrie D. Heiner, Berrie 1M. Heiner, and Charles A. 1-leiner),in Deed Book 1292 page 286 (as to Bettie D. Heiner), in Deed Book 1632, page 680 (as to David A. Beach, Trustee for the David A. Beach Trust, under Declaration of Trust dated August 8, 1997), in Deed Book 1666,12age 692 (as to Mosby Realty, L.L.C.), in Deed Book 2097, page 113 (as to Marital Trust One under the Eric M. Heiner Trust Agreement dated April 24, 1998, as Amended by Amendment dated September 13, 1999), and in Deed Book 3880, page 673 (as to Charles Rotgin, Jr., Trustee of the Charles Rotgin, Jr. Second Amended and Restated Trust, Under Agreement dated April 9, 2003); 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 Version: 10/112021 202200002304.003 R4. The Site Plan/Subdivision Plat identified as Pantops Shopping Center, was approved and, in conjunction therewith, a Stormwater Management Plan, "identified as Pantops Shoopinon Center VSMP Plan — WPO-2021-00057, hereinafter (as may be amended from time to time) called 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 rs seq.), as implemented in part by Chapter 17, Water Protection, of the Albemarle County Code; and 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 and, for those facilities within the County's M•[S4 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 M1S4 General Permit and Program Plan; and R-8. Albemarle County Code § 17-415 requires that permanent on -site srormwater 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 2 Version: I0/I 12021 202200002304.004 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 folloxving: 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 «ith 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. 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 seg.; (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 cerrificate 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 scq. 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, veafon: ianiwzi 2-02200002304.005 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 fist 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 D4clntire 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. F. Section 3 satisfied if Countyy 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 hercinabove written. 4. Permission to the Counnt y 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 Version: 10/11202I 202200002304.006 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: O if the Albemarle County Engineer determines, in their 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 intminent 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 nest anticipated measurable storm event; if implementation before the next anticipated measurable storm event is impractical, then it shall be implemented 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 minimize the discharge of pollutants to State waters, or otherwise restrict or alter the hydraulics of storm water now 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 perforating or directing the work shall certify to the County that the Facilities are in good working condition. 6. Right of the to enter the Pro er � 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 i, 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 Version: 1011 IQ021 202200002304.007 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. It is expressly understood and agreed that 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 fast 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 alien against.the Property- in the amount of the non -reimbursed costs, plus interest at the rate authorized by law. 8. Obligation of the Owner to indemnify and hold harmless the County. The following shall apply to this Agreement: A. No County liabiliW. This Agreement imposes no liability of any kind whatsoever on the County, including its agents, officers and employees. B. Obligation of the Owner to indemnift• 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 property; 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, Version: 10M/2021 202200002304.008 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. WITNESS the following signatures: Version: 10/11MI 202200002304.009 OWNER: MARITAL TRUST ONE UNDER THE ERIC M. HEINER TRUST AGREEMENT dated April 24, 1998, as Amended by Amendment dated September 13, 1999 BY: Great Eaa%�d MilMitchcH nt Company, Its Au Developer & Construction Manager and Assistant Secretary for Execution of Documents CO\E\ION\XfEALTH OF V1RGL\1IA CPYVCOUNTYOF AI6uyvrle,- The foregoing instrument was acknowledged before me this b� day of 70Zy by David G. Mitchell, Developer & Construction \Qanager and Assistant Seer Lary for Execution of Documents, on behalf of Great Eastern Management Company, Authorized Signatory of die Marital Trust One under the Eric M. Heiner Trust Agreement dated April 24, 1998, as Amended by Amendment dated September 13, j 999. My Commission Expires: 3 t LL Registration Number: %0 3$5l3 Notary Public V Jamie Ellis Boyers Commonw�ea7N o/ Virginia Reg. 97038523 _VC Expires July 31, 2022 SIGNATURES CONTINUE ON THE FOLLOWING PAGE version: IU/112021 202200002304.010 OWNER: BERTIE D. HEINER BY: Great Eastern Nfanagement Company, Its Auth Signatory 40 David G. Nlitchell Developer & Construction bfanager and Assistant Secretary for (Execution of Documents COINL 4ONWEALTH OF VIRGINIA C�/COUNTY OF A164mAe- The foregoing instrument was acknowledged before me this 2� day of by David G. \4ltchell, Developer & Construction D•fanager and Assistant Secretary E r Execution of Documents, on behalf of Great Eastern N-lanagement Company, Authorized Signatory of Berrie D. Heiner. My Commission Expires: �i 3I ZZ Registration Number: 70 3R523 Notary Public Jamie Ellis Boyers t otary public Commonwealth of Yrginla Reg. 07038523 �`�y Common Expires July 3I 2022 SIGNATURES CONTINUE ON THE FOLLOWING PAGE version: 10/112021 202200002304.011 OXYrNER: BERTIE M. HEINER BY: Great Eastern D4anagement Company, Its Autlipxireqignatory David G. i•6tchell Developer & Construction Manager and Assistant Secretary for Execution of Documents CONhvION\C/EALTFI QF VIRG11\It1 C;7�'/COUNTY OF The foregoing instrument was acknowledged before me this & day of 22LUy David G. Mitchell, Developer & Construction Manager and Assistant Secretary f r Execution of Documents, on behalf of Great Eastern Management Company, Authorized Signatory of Berrie M. Heiner. \4y Commission Expires: 31 ZL Registration \umber: 7A Notary PublicEJamie Ellis Boyers Notary Public onwealth ofVirginlaeg47038523 ion Expires Juty 31. 2022 SIGNATURES CONTINUE ON THE FOLLOWING PAGE IO Version: 10/11/2021 202200002304.012 OWNER: CHARLES A. HEINER BY: Great Eastern Management Company, Its Authotir. natory BY: David G. Mitchell Developer & Construction Manager and Assistant Secretary for Execution of Documents CrOp41\401NAVEALTH F VIRGINUI Y",/COUNTY OF I� r.-L The foregoing instrument was acknowledged before me this 04 day of ?oYLby David G. Nliitchell, Developer & Construction Manager and Assistant Secretan fod Execudon of Documents, on behalf of Great Eastern Management Company, Authorized Signatory- of Charles A. Heiner. My Commission Expires: 31 ZL Registration N'umber:a7ng52u Notary Public Jamie Ellis Boyers No Public Commonvrealth of vlrgWa Reg.k7038523 t .%�y Commission Expires July 31, 2022 SIGNATURES CONTINUE ON THE FOLLOWING PAGE version: 10/11/2021 202200002304.013 OWNER: DAVID A. BEACH, TRUSTEE for the DAVID A. BEACH TRUST, under Declaration of Trust dated August 8, 1997 BY: Great Eastern \Management Company, Its Authorized S' atory BY avid G. iAitchell Developer & Construction Manager and Assistant Secretary for Execution of Documents CO\j?,,IONVT—ALTH QF VIRGINIA C/t�f_'/COUNTY OF f}I6n_nIAA2-- The foregoing instrument was acknowledged before me this $`day of 2Q Zby David G. Nfitchell, Developer & Construction Manager and Assistant Secretary fo Execution of Documents, on behalf of Great Eastern \Management Company, Authorized Signatory of David A. Beach, Trustee for the David A. Beach Trust, under Declaration of Trust dated August 8, 1997. b(y Commission Expires: Registration Number: l�e II13,Q313 Notary Public V Jamie Ellis Boyers Notary Public Commonwealth of Virginia Reg.B7038523 My Commission Expires July 31, 2022 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 12 version: le/I ln02l 202200002304.014 MOSBY REALTY, LLC, a VIRGIN'IA limited liability company- BY: Great Eastern Management Company, Its AUtho story BY David G. Mitchell Developer & Construction Manager and Assistant Secretary for Execution of Documents COfA,1ON\X1EALTh1 QFVIRG k,'IA 91TTY/COUN'TY OF A (berlta, se - The foregoing instrument was acknowledged before me this &day of 7o'22,by David G. Mitchell, Developer & Construction Manager and Assistant Secretary fo Execution of Documents, on behalf of Great Eastern \•lanagement Company, Authorized Signatory of Nlosby Realty, LLC, n Virginia limited liability company. bly Commission Expires: 7 31 2L Registration Number: �70 zg 520 Notary PubTic Jamie Ellis Boyers Notary Public commonwealth o1 Virginia Reg. U7038523 I amyl commission July 31, 2022 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 13 Version: 10111 M21 202200002304.015 OWNER: CHARLES ROTGIN, JR., TRUSTEE of the CHARLES ROTGIN, JR. SECOND AMENDED AND RESTATED TRUST, under Agreement dated APRIL 9, 2003 BY: Great Eastern \Management Company, Its Authorize atory BY: David G. Nfitchell Developer & Construction \Manager and Assistant Secretary for Execution of Documents CO)I 40NWEALTH F VIRGINIA C " '/COUNTY OF jL;0&e42- The foregoing instrument was acknowledged before me this 0 day of Z0-4-by David G. Nfitchell, Developer & Construction \Manager and Assistant Secretary fo Execution of Documents, on behalf of Great Eastern 'Management Company, Authorized Signatory of Charles Rotgin, Jr., Trustee of the Charles Rotgin, Jr., Second Amended and Restated Trust, under Agreement dated April 9, 2003. 1 My Commission Expires: i I Registration Number: Notary Public Jamie Ellis Boyers Notary Public Commonwealth of Virginia Reg.97038523 t✓y Commission Expires July 31. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2022 14 Version: 10/112021 202200002304.016 3. Richardson Executive COMMONWIr AL-M PF VTRGItNIA CITY/Gei *v 'OF Q%vtrlr sy21�`G VIRGINIA The foregoing instrument was acknowledged before me this f day of �, baby Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia. ` 0 ' Tl ➢ 1 a L No ry Public illy Commission Expires: . 2 I�Oa3 Registration Number: 1 eba) 1 Approved as to Form: Counry Attorney Date CHERYL L.SKEEN NOTARY PUBLIC REGISTRATION It 71537162 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31 2023 . RECORDED ALS INSTRUMENT0202200002306 ENABLE CO CIRCUIT COURT CLERKS OFFICE Feb 23, 2022 AT 03:32 Pm JON R. ZUG, CLERK by EMJ 15 Version: 10/1IR021