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Home My WebLink AboutSP202200010 Plat 2022-03-22Instrument Control Number 001022 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS Cover Sheet Agent On[ ine 1.1.2] of Instrument [0175./2003 iment Type [ DBS Number of Parcels [ 1 Number of Pages [08 county® [ Albemarle County a [ ALBEMARLE HEALTH INVE Grantee Address (Name) (Address 1) (Address 2) (City, State, Zip) Consideration [ 900,000.00 ] Doc I0. 00025732eeio Type: DEE FeeoAmtd'$0111512e03 a 03 of51g4 PM SHELBy MARSHALL,CLERK CIRCUIT CT. Shelby Marsh000102erk Circuit Court PD582-591 BK2359 (Box for Deed Stamp Only) company ALBEMARLE HEALTH INVESTORS, LLC, a Virginia limited liability cc 4415 Pheasant Ridge Road, S.W. Roanoke ] [ VA ] [ 24014 Existing Debt [ 0.00 ] Assumption Balance [ 0.00 Prior lnstr. Recorded at ClttJ county® [ Albemarle County ] Percent In this Juris.(%)[ 100 Book[ ] Page[ ] Instr. No[ ] Parcel Identification No (PIN) [ Tax Map Num. (if different than PIN) [ 61 W-2-2 Short P roperty Des cri pti on [3.805 ACRES, RIO MAGISTERIAL DISTRICT [ Current PropertyAddr(Address 1) [ Pepsi Place, State Route 1340, (Address 2) [ (City, State, Zip) [ ] [ ] [ Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (CAty, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 McGuire Woods LLP Grantor and Grantee Laura Lee Garret, Esq. McCandlish Holton PC 1111 E. Main Street, Suite 150 Richmond ] [ ] [ VA ] [ 23219 ] [CS o "Wx Albemarle County TMP# 61 W-2-2 PREPARED BY: McGuireWoods LLP This DEED and EASEMENT AND MAINTENANCE AGREEMENT made this 13th day of January, 2003 by and between JA-ZAN LLC, a Virginia limited liability company, Grantor, and ALBEMARLE HEALTH INVESTORS, LLC, a Virginia limited liability company, Grantee, whose address is 4415 Pheasant Ridge Road S.W., Suite 301, Roanoke, Virginia 24014. WITNESSETH: That for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor, subject to the reservations and other matters set forth herein, does hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee the following described real property: All that certain property situated in Albemarle County, Virginia, containing 3.805 acres and shown as "Tract A-l" on a plat of Thomas B. Lincoln Land Surveyor, Inc., dated November 4, 2002, last revised January 6, 2003, entitled "Subdivision Plat Showing Tracts A-1 and A-2 A Division of Tax Map 61W Parcel 2-2 Also Known As Tract A Property Belonging to Ja-Zan Limited Partnership Located On Pepsi Place Rio Magisterial District, Albemarle County Virginia" (the "Plat"), which Plat is attached hereto and recorded herewith; BEING a portion of the property conveyed to Ja-Zan Limited Partnership by deed of Pepsi -Cola Bottling Company of Central Virginia dated December 27, 1990, which deed is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1134, page 536. Ja-Zan Limited Partnership was later converted, along with other entities, to Ja-Zan LLC as noted in the Albemarle County, Virginia Record of Partnership Book 15, page 322. Joint Access Easement and Drive: The Grantor hereby reserves as an appurtenance to that certain parcel of land shown as "Tract A-2" on the Plat, an easement for ingress and egress over that portion of the area shown as "Joint Access Easement" on the Plat that lies within the boundary of Tract A-1. The Grantor hereby grants and conveys as an appurtenance to Tract A-1 on the Plat, an easement for ingress and egress over that portion of the area shown as "Joint Access Easement" on the Plat that lies within the boundary of Tract A-2. Grantee or any successor -in -title to Grantee, as evidenced by Grantee's signature hereto, covenants that on or before the earlier of the issuance of a certificate of occupancy for a building on Tract A-1 or December 31, 2004, Grantee will construct and pave at its sole cost and expense a joint access drive sufficient to serve both Tract A-1 and Tract A-2 as a commercial entrance onto a state road along the entire length of the area designated as "Joint Access Easement" on the Plat. The joint access drive should be built and paved to standards delineated by the Virginia Department of Transportation, or as mutually agreed upon by the parties in writing, which standards shall be shown on a site development plan approved by Albemarle County, Virginia. The Grantor and Grantee, and each of their respective successors -in -title, covenant and agree that once Grantee initially builds and paves the joint access drive they will maintain it as follows: (a) The joint access drive shall be maintained in good repair and passable condition for normal automobile traffic, and to any other standards required by Albemarle County, Virginia. (b) The owners of Tract A-1 and A-2 shall each pay one-half (1/2) of the costs of repair and maintenance of the joint access drive (including resurfacing of the drive as described in (c) below) and for removal of snow from the joint access drive. (c) Repairs and/or maintenance will be performed when necessary to keep the joint access drive in good repair and passable condition and at such other time as both the owners of 2 Tract A-1 and Tract A-2 shall so agree in writing, but either party shall have the right to require resurfacing of the joint access drive every ten (10) years from the anniversary date of this Deed and Easement and Maintenance Agreement by giving a written notice to the other at any time with six (6) months from said anniversary date. (d) At the time said repair, maintenance, snow removal or resurfacing is completed, the owners of each of Tract A-1 and Tract A-2 shall promptly pay their respective share for such services. Stormwater Management Easement and Stormwater Detention Basin: The Grantor hereby reserves as an appurtenance to Tract A-2 on the Plat an easement within that portion of the area shown as "Stormwater Management Easement" that lies within the boundary of Tract A-1 for storm water drainage from Tract A-2. The Grantor hereby grants and conveys as an appurtenance to Tract A-1 on the Plat an easement within that portion of the area shown as "Stormwater Management Easement" that lies within the boundary of Tract A-2 for storm water drainage from Tract A-1. The Grantee or any successor -in -title of Grantee shall on or before the earlier of the issuance of a certificate of occupancy for a building on Tract A-1 or December 31, 2004, complete construction at its sole cost and expense of a stormwater detention basin to the standard required by Albemarle County, Virginia to handle water drainage from (i) any improvements Grantee may construct on Tract A-1, and (ii) improvements including up to a 34,000 square -foot three story office building on Tract A-2. Notwithstanding the foregoing paragraph, if prior to the date that is sixty (60) days after the date this Deed and Easement and Maintenance Agreement is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, the Grantor elects to construct a 34,000 two- story office building on Tract A-2, the Grantor shall notify the Grantee of such decision, and the Grantee shall modify the capacity of the stormwater detention basin to accommodate the modified building design. The stormwater detention basin shall nevertheless be constructed to all standards required by Albemarle County, Virginia for such improvements on Tracts A-1 and A-2. After final construction and approval by Albemarle County, Virginia, the stormwater detention pond shall be jointly maintained by the owners of Tract A-1 and Tract A-2 in good, safe and working condition, consistent with the standards for such basins established by Albemarle County, Virginia. The Grantee and its successors -in -title, agents, and employees shall indemnify and hold the Grantor and its successors -in -title harmless from any and all damages, accidents, casualties, occurrences and claims which might arise or be asserted against the Grantor and its successors - in -title from the construction of either the joint access drive or the stormwater detention basin by the Grantee or its successors -in -title, agents or employees. In the event a claim is asserted against the Grantor or is successors -in -title, the Grantor or its successors -in -title shall promptly notify the Grantee or its successors -in -title and the Grantee or its successors -in -title shall defend, at its sole cost and expense, any suit based upon such claim. If any judgment or claim against the Grantor or its successors -in -title shall be allowed, the Grantee or its successors -in -title shall pay all costs and expenses (including reasonable attorneys' fees) in connection therewith. This Deed and Easement and Maintenance Agreement shall constitute a covenant running with the land and shall be binding upon the Grantor, the Grantee and each of their successors -in - title. 0 If either party must bring suit to enforce the terms of this Deed and Easement and Maintenance Agreement, the prevailing party, in addition to any other remedies available at law or in equity, shall be entitled to collect from the non -prevailing party all of its costs and expenses (including its reasonable attorneys' fees) in connection therewith. This conveyance is further made subject to all matters shown on the Plat attached hereto and to all easements, restrictions, reservations and other matters contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise become ineffective and any lien, inchoate or otherwise, for real estate taxes or assessments not yet due and payable. The Grantee hereby joins in this Deed and Easement and Maintenance Agreement to evidence its consent to the terms and conditions contained herein. WITNESS the following signatures and seals: JA-ZAN LLC, a Virginia limited liability company By: _ �"' � 'a — a es L. L13;Y-11 Manager HEALTH INVESTORS, LLC, d liability company Vice Chairman Manager COMMONWEALTH �O�'F" VIRGINIA CITY/CQ1IN Y OF C%1Q.�(,tsi(.W; ((Q- , to -wit: The foregoing instrument was acknowledged before me this _ day of January, 2003 by James L. Jessup, Jr., Manager, Ja-Zan LLC, a Virginia limited liability company. t%Av Gomrmss1ou "Pans uulg 31,1005 My Commission expires: Gl&AL W Notary Public COMMONWEALTH qF VIRGINIFp, _ CITY/CBb'Pd-T-Y OF ��Cl'd�l(�, to -wit: The foregoing instrument was acknowledged before me this lay of January, 2003 by James R. Pietrzak, Vice Chairman Manager, Albemarle Health Investors, LLC, a Virginia limited liability company. My Commis \\IZFA\I 37573.4 io SUBDIVISION PLAT SHOWING TRACTS A-1 AND A-2 A DIVISION OF TAX MAP 61W PARCEL 2-2 ALSO KNOWN AS TRACT A PROPERTY BELONGING TO JA-ZAN LIMITED PARTNERSHIP LOCATED ON PEPSI PLACE RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA NOVEMBER 4, 2002 REVISED: DECEMBER 18, 2002 REVISED: JANUARY 6, 2003 TITLE REFERENCES FOR TMP 61W-2-2 JA-ZAN LIMITED PARTNERSHIP P.O. BOX 9035 3LOTTESVILLE, VIRGINIA 22906 1134 P. 536 817 P. 231 PLAT THE LAND USE REGULATIONS LISTED HEREIN ARE IMPOSED PURSUANT TO THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT ON THIS DATE AND ARE SHOWN FOR INFORMATION PURPOSES ONLY. THEY ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. OWNER'S APPROVAL THE DIVISION OF THE LAND DESCRIBED HEREIN IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER(S), PROPRIETOWSI AND TRUSTEE(S). .ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. �L- LLG D SI 1 4 DATE NOTARY PUBLIC: STATE OF COUNTY OF�- THE FOREGOING WA ACKNOWLEUfiED BEFORE ME IS DAY OF 07 - 2023- BY 4•MLS sf6 NOTARVPTjBLIC MY COMMISSION EXPIRES: �DI31 jOs- COUNTY APPROVALS: N• A1- ALBEMARLE COUNTY DATE PLANNING COMMISSION V. Wo..�r�2- L`-.9-.i+v�ba.cz. I-�o•o'�i ALBEMARLE OUNTYBIATE BOARD OF SUPERVISORS MAD SETBACKS: 30' FRONT BUILDING SETBACK LINE 10' OFF-STREET PARKING SETBACK LINE FROM PUBLIC RIGHT-OF-WAY 0' (ZERO) REAR BUILDING SETBACK LINE I HEREBY CERTIFY THAT THIS SUBDIVISION SURVEY. TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGMA STATE BOARD OF ARCHITECTS. PROFESSIONAL ENGINEERS. LAND SURVEYORS AND CERTIFIED LANDSCAPE ARCHITECTS. COURSES AROUND VAR/ABLE WIDTH DRAINAGE EASEMENT FROM POINTS /A/ TO 18/ S08'49'28'W 9.06' S34'16'32"W 8.69, S62'/6'44'W 7.//' S87'50'19"W 8. 79' N66'47'04"W 32.46' N77'47'04"W 30. 96' N65'5/'04"W 31.42' N67'44'46'W 46.80' IV88'48'04"W 3. 17' S24-30-00-W 47.56' 564-47'05"E 89. 02' 533'37'07"E 66. 04' S56'22'53"W 20. 00' N33'37'07"W 60,46' N64'47'05"W /03. 19' N24'30'00'E 87. 71' COURSES AROUND S TORMWA TER MANAGEMENT EASEMENT LI S65`I4'44"E 170.96' L2 S18'05'42"E 16.43' L3 S25-27-05"W 12.97' L4 S56'26'44"W 23.62' L5 S62-03'37"W 51.59' L6 N81'53'07"W 7.09' L7 N55'07'56"W 18.26' L8 N48'46'11"W 29.19' L9 N40'47'10"W 9.17' L/D N22'28'54"W 24.69' L/1 N5/'22'35"W 47.67' L12 N49'09'39'W 12.69' L13 N/9'48'07'E 3.64' L14 N/I'12'46"E 17.23' L15 N23'40'32'E /6.69' 416 N63'46'42"E 4.35' COURSES AROUND JOINT ACCESS EASEMENT L21 R=24.50' A=6.29' CB=NO2°23'36"E C=6.27' L22 R=16.50' A=3/.30' C8=N59'17'35"W C=26.81' L23 N42'28'06"E 54.86' L24 R=24.50' A=33.29' CB=S68'43'04'E C=30.79' -NO. 1326 /1(,/63 THOMAS B. LINCOLN LAND SURVEYOR INC. 671 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 TMODEL SERVERI C:\DATA9\ 102\ 102001900SUB.PRO 102-0019-00 ION PLAT. SHOWING A-1 AND A-2 IN OF 7AX'-',MAP'61W: PARCEL 2-2 ALSO KNOWN AS TRACT A PROPERTY BELONGING TO JA-ZAN LIMITED PARTNERSHIP LOCATED ON PEPSI PLACE RIO MAGISTERIAL DISTRICT' ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 100' NOVEMBER 4, 2002 REVISED: DECEMBER 18, 2002 REVISED: JANUARY 6, 2003 LEGEND: IF = IRON FOUND IS = IRON SET PKNS = P-K NAIL SET ? Og r=t urge 0= - - c re i/ ry US. POST OF VICINITY MAP N.T R=770.00' - R=770.00' :-A=142.93'. A=243.71' ..:' T=7"T -.T=122.88' C=142.72' - C=242.70' CB=S59'14'39'E .'. DELTA- -3 ' CB=S73.38.49"E - 10 8 07 a=ou.00 i DELTA= 18.08'05" C6=S07.41'38"E Oti CERT NO. 1328 [:/* �6d' L, 8URVICi04 R=504.72' IF 9�-f TiieiP'5L"Eei otE'1os CB=S69'24'48"E DELTA= 26'31'00' W:/ ' NEW VAR// GRIDED AREA REPRESENTS GAS MAIN EASEMENT AS SHOWN IN D.B. 1683 40' GAS LINE EASEMENT P. 351-356 PLAT AS SHOWN ON PLAT IN D.B. 817 P. 231 ATMP 61W-2-A-1 CHARLOTTESVILLE REALTY CORP. D.B. 696 P. 560 D.B. 696 P. 565 PLAT r 0 t- GRIDED AREA REPRESENTS GAS MAIN EASEMENT AS SHOWN IN D.B. 1683 P. 351-356 PLAT ATMP 61W-2-A-2 R.M. DAVIS D.B. 407 P. 50 D.B. 407 P. 55 PLAT CTMP 41C-1 IRVING AND JACQUELINE BROWNFIELD D.B. 682 P. 828 D.B. 273 P. 565 PLAT I - �- EXISTING ' �� - RAINAGE EASEMENT i '� D.B. 877 P. 231 PLAT � TRACT A-1 3.805 AC. 'E ZONED: Cl EXISTING 20' DRAINAGE EASEMENT D.B. 817 P. 231 PLAT IF NEW 20' DRAINAGE EASEMENT CENTERLINE e TMP61W-2-2 N52'13'OOE A TRACT A 1282S5T11'45"W [', 1 33.50' = -49' 0'W Lf _ L15 DELTA= 92'43'07" 2 NEW OflT 20' DRAINAGE 2'S- EASEMENT62 9p6 - J 'IS A:216.79' T=110.13' \ I G215.08' \ 10 CB=S26'15'28"W \ DELTA= 24'54'38" D ATMP 61W-2.2Ai \ m-I SENIOR CENTER INCORPORATED \ pOD.B. 1034 P. 1 r- \ r D.B. 1034 P. 7 PLAT G R=246.44' -A A=119.34' \ T=60.86' \ �\ C=118.17' \ ; t 0 CB=S27'39'47"W -IS X.DELTA= 27.44'42" (\ EXISTING SIGHT EASEMENT \ ' NSW D.B 1130 P. 229, 230 , ✓61NT - A LESS - EASEMENT N42'22'17"W ATMP 61W-2-2A2 IS 48.89' JA-ZAN LIMITED _21 I q 946.44' PARTNERSHIP A=62.37' D.B. 1134 P. 53Z A - ENT L4 f _ T=31.35' D.B. 1134 P. 539 PLAT 1 4.07'> L11 C=62.20' F <9.96> L72 L10 5 rp CB=S48'47'08"W L1 L91.8 L7 L6 L22 / DELTA= 14'30'00" q NEW �RAIQVF TRACT A-2 7 20' \ EASEMENT 1.759 AC, / R=52.00' AREA TABULATION: r =� I A=101.87' T=77.45' y 3.805 AC: -TRACT A-1 ; u -1.759 AC -TRACT A-2 r C=86.34' IF C8=S00'05'23"E ATMP 61W-2-2A ' 5.564 AC -TRACT A 1 DELTA= 112'14'39" PEPSI-COLA BOTTLING ' I COMPANY OF VA D.B. 705 P. 334 D.B. 1134 P. 539 PLAT 325.20' CTMP 410-3 PEPSI-COLA BOTTLING CO - CENTRAL VA D.B. 430 P. 82 THOMAS B. LINCOLN LAND SURVEYOR INC. D.B. 430 P. 65 PLAT 671 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 2 I TMODEL SERVERI C:\DATA9\ 102\ 102001900SUB.PRO 102-0019-00 f"TIZA 1 * 10- 0? 0 p U 0 U a O m p LL Q a n R a LL oXwQo O ZoF0 JAY Y WM,O¢¢ x F U U U W W K a F Q OJ U U 2 o Q> o z W N m m O Q WO m� O W Q T ¢ o m R O W Q 3 W d W K N m < W Q S m