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Home My WebLink AboutSDP202100001 Agreements 2022-04-04VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE 4A 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date: ..4 / I / 2022 Instrument Type: N9............................................................ Number of Parcels: ...... 3....... Number of Pages: ....... 7....... tY '] [ CI X] County ALBEMARLE [ tyALBEMARLE ......................................... CIRCUITCOURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: [ ] Grantee: Business/Name IVY PROPER LLC ........? X Grantor:................................................................................................ ........2...... X Grantor: 5.... ODYS. NITHOOT FRS OO LC ...........................IE........T............L.......................... ........ 1...... X Grantee: IVY. PROPER. L.LC ............................................................ ........2...... X Grantee: s.OVYS. WI ........ THOUT FRS T0 ....................IE...........0................LLC................... Grantee Address IVY PROPER LLC Name:.. ............................................................................................................................. Address: .......................................................................................... .. .... ...................... City: .................................................................................................. State: ....... VA Consideration: $0.:00........................ Existing Debt: 10.:.0.0 .................. PRIOR INSTRUMENT UNDER § 58. /-803(D): RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Apr 01, 2022 AT 03:44 pm BOOK START PAGE END PAGE INST # 202200004058 TOTAL NUM PAGES 10 MEB (Area Above Reserved For Deed Stamp Only) ZipCode: .............................................. Actual Value/Assumed:.$0...°°............................ Original Principal:_^5..�.. U 0.......................... Fair Market Value Increase: '�..0.:. 0�............................. Original Book No: Original Page No.:........................................ Original Instrument No.: Prior Recording At: [ ] City [ ] County ................................................................................ Percentage In This Jurisdiction: „ Ioo71 Book Number: ............................ Page Number:......................... Instrument Number:.......................................... Parcel Identification Number/Pax Map Number: S8A2-20A ......................................................................................................................... ShortProperty Description: ..Ao..LOT........A.............ND ....L.......T .....H ................................................................................................................................................................ Current Property Address: FORM CC-1570(MASTER, PAGE ONE OF THREE )10/19 Cover Sheet 0 Copyright 2014 Office of the Execwive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE 44 17.1-223,-227.1, -249 FORM B—ADDITIONAL GRANTORS/GRANTEES Instrument Date:..4�l/2022 ........................................... Instrument Type: A�............................................................ Number of Parcels: ...... 3....... Number of Pages:.......? [ ] City [X] Count y ..........................ALBEMARLE ................................... CIRCUITCOURT Grantor Business/Name ................. X Grantor: ,TjgI .SERVICE CORPORATION ............................................ Grantor: Grantor: Grantor: Grantor: Grantor: Grantor: Grantor: Grantee Business/Name Grantee: Grantee: Grantee: Grantee: Grantee: Grantee: Grantee: Grantee: (Area Above Reserved For Deed Stamp Only) FORM CC-1570 (MASTER PAGE TWO OF THREE )10114 Cover Sheet B 0 Copyright 2014 Ogee ofthe Exeamive Secretary, Supreme Court of Virginia. All rights resen cd. VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM C — ADDITIONAL PARCELS 4/ Instrument Date: ..........................1/2022 ........................................... Instrument Type: ............................._AG............................... Number of Parcels: ...... 3....... Number of Pages: ....... 7....... [)City [X] County .........................AL13EMARLE ............................................ CIRCUITCOURT Parcels Identification/Tax Map Prior Recording At: [ ] City [ ) County.................................................................................... Percentage In This Jurisdiction: ..... laot Book Number: ............................ Page Number:......................... Instrument Number: .................................................. Parcel Identification Number (PIN)/( ax Map Number: , 58A2-14 Short Property Description: . L..OT ........ A ......AND ...........LOT ..........8 ......................................... Current Property Address: (Area Above Reserved For Deed Slamp Only) city:.* ............................................................................................. State: ...... va..... Zip Code: '*.............................................. Prior Recording At: [ ) City [) County .................................................. Percentage In This Jurisdiction: ... iooa Book Number: ............................ Page Number:......................... Instrument Number:....................................................... Parcel Identification Number/TaxMap Number: saA2-2o Short Property Description: LOT A AND LOT B .................................................................. CurrentProperty Address: .......................................................................................................................... City:_'.................................................................................................. State:..... Y? ..... Zip Code:.`. FORM CC-I50(MASTER PAGE THREE OF THREE )W/l9 Cover Sheet 0 Copyright 2014 Onice ofthe Exmwive Smeary, Supreme Court of Virginia. All rights msemcd. PREPARED BY AND RETURN TO: DONALD D.LONG (VSB#39982) LENHART PETTIT PC 530 EAST MAIN STREET CHARLOTTESVILLE, VIRGINIA 22902 County of Albemarle Tax Parcels 58A240A, 58A2-14 and 58A2-20 SHARED ACCESS, PARKING AND DRAINAGE EASEMENT AGREEMENT THIS SHARED ACCESS AND PARKING EASEMENT AGREEMENT (this "Easement") is made and entered into as of the 1st day of April, 2022, by and between IVY PROPER LLC (together with its successors in interest and assigns, "Ivy Proper") (to be indexed as Grantor and Grantee), 5 GUYS WITHOUT FRIES TOO LLC (together with its successors in interest and assigns, "5 Guys") (to be indexed as Grantor and Grantee) and UNION SERVICE CORPORATION ("AUB Trustee") (to be indexed as Grantor). Ivy Proper and 5 Guys are together the "Owners" and individually an "Owner." RECITALS: 1. Ivy Proper is the owner in fee simple of those certain lots in the County of Albemarle known as tax map parcels 58A2-14 and 58A2-20, comprised of 0.87 acres, more or less, and shown as Lot A ("Lot A") on the plat entitled "Plat showing Boundary Line Adjustment with Stormwater Management Facility, Public Drainage, Various Private Easements" prepared by Timmons Group and dated October 1, 2021, last revised January 12, 2022 (the "Plat") which is recorded in the Clerk's Office of the Circuit Court of Albemarle County in Instrument No. 202200002914. 2. 5 Guys is the owner in fee simple of that certain lot in the County of Albemarle located adjacent to Lot A and known as tax map parcel 58A2-20A and shown as Lot B ("Lot B") on the Plat. 3. As depicted on the Plat, Lot A and Lot B share a commercial entrance for access from State Route 250. This Easement governs that shared entrance, access and parking. 4. The Owners seek to provide easements for public and private stormwater drainage. 5. The AUB Trustee is the trustee under a deed of trust from 5 Guys dated May 20, 2021 and recorded the same day in the Clerk's Office for the Circuit Court of Albemarle County in Deed Book 5541, page 722 (the "AUB Deed of Trust"). The AUB Trustee joins this Easement to consent to the Easement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ivy Proper and 5 Guys agree as follows: EASEMENT 1. Shared Access. Ivy Proper grants and conveys to 5 Guys, its successors, assigns and permittees, a non-exclusive easement across those portions of Lot A shown on the Plat as "Var. Width Private Access Easement" for shared access and use (the "Shared Access"), for the purposes of using the shared commercial entrance from State Route 250 for pedestrian and vehicular ingress and egress, subject to the terms and conditions of this Easement. The Shared Access shall be used only for purposes permitted in this Easement, in compliance with all applicable law. The Shared Access shall not be blocked or obstructed in a manner which impairs access (except during periods of construction or repair, in which case commercially reasonable accommodations shall be made to preserve access during normal business hours). No parking is permitted within the Shared Access. 2. Parking Easements. Ivy Proper grants to 5 Guys, its successors, assigns and permittees, the following parking easements (the "Parking Easements") within the "Proposed Parking Area" as shown on the Plat. (a) Shared Parking Easement. The 7 parking spaces located partially on Lot B shall be subject to a reciprocal non-exclusive easement and available for use by 5 Guys, its respective successors, assigns and permittees. (b) Rules and Regulations Governing Facilities. Ivy Proper shall retain the right to make reasonable rules and regulations regarding the use of the Parking Easements; provided, however, that such rules and regulations do not: (i) interfere with the plan for the common use of all parking areas, approved by the Owners or (ii) reduce the number of parking spaces available below the number required by the Albemarle County Zoning Ordinance in effect the day this Easement is recorded. (c) The Parking Easements are intended to satisfy all of the requirements for shared parking as set forth in the Albemarle County Code §§ 18-4.12.8(e) and 18- 4.12.10. 3. Maintenance and Cost -Sharing. Ivy Proper shall maintain and repair the shared entrance and roadway within the Shared Access and the parking areas (the "Facilities"), keeping the Facilities in good condition and repair, in passable condition and in accordance with all applicable laws. Maintenance, repair and replacement shall include, without limitation: the plowing of snow and ice, removal of debris and other hazards; cleaning; marking and any other reasonably necessary items. All maintenance, repair and replacement shall be performed in a prompt manner. 5 Guys shall reimburse Ivy Proper for forty percent (40%) of the reasonable out-of- pocket costs incurred by Ivy Proper to maintain the Facilities. Any such reimbursement shall be payable within thirty (30) days of receipt of invoice with supporting detail of the expenses for which reimbursement is sought, and if not timely paid shall accrue interest at the Wall Street Journal prime rate (or if no longer published, a comparable rate) from the date due until the date paid. Notwithstanding anything to the contrary in this Easement, in the event of any damage caused by negligence or willful misconduct of an Owner, the Owner causing such damage (with each Owner responsible for actions of its permittees) shall be responsible for the expense of repair or replacement. 2 4. Stormwater Easements. 5 Guys hereby conveys to Ivy Proper the private drainage easement (the "Private Drainage Easement") on Lot B shown on the Plat as "10' & Var. Width Private Drainage Easement" (the "Private Drainage Easement Area") on the following terms and conditions: (a) Ivy Proper shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace (hereinafter referred to as "inspecting, maintaining, and operating" or derivations thereof) present or future Improvements (hereinafter defined) within the Private Drainage Easement Area for the purposes of collecting stormwater and transmitting it through and across the Lot B within the Private Drainage Easement Area, to protect Lot A from flooding, protecting water quality, and otherwise controlling stormwater runoff. As used herein, "Improvements" means stormwater management facilities and related facilities (whether now existing or established in the future by Ivy Proper), including but not limited to ditches, swales and other improvements within the Private Drainage Easement Area established for the purpose of conveying stormwater. (b) Ivy Proper shall have the right and easement of ingress and egress over any lands of 5 Guys adjacent to the Private Drainage Easement Area to inspect, maintain, and operate the Improvements. (c) Ivy Proper may enter the Private Drainage Easement Area to inspect, maintain and operate the Improvements. (d) Within the Private Drainage Easement Area, Ivy Proper shall have the right to trim, cut, or remove any trees, brush or shrubbery, remove fences, structures, or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements. This restoration may include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding of lawns and the repair or replacement of structures and other facilities located outside of the Private Drainage Easement Area if damaged or destroyed by Ivy Proper. Ivy Proper shall not be required to repair or replace any structures, trees, or other facilities located within the Private Drainage Easement Area, but will be required to repair or replace groundcover within the Private Drainage Easement Area that was disturbed, damaged, or removed as a result of inspecting, maintaining, and operating any of the Improvements. In addition, Ivy Proper shall remove from the Private Drainage Easement Area all trash and other debris resulting from the installation, maintenance, or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, Ivy Proper shall not be required to repair or replace anything identified in this Paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements. (e) 5 Guys shall have the right to perform routine maintenance of the Private Drainage Easement Area, including the removal of trash and landscaping debris, mowing, and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by 5 Guys that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of the Private Storm Drainage Easement or any Improvement. The right to maintain the Private Drainage Easement Area does not include the right to maintain the Improvements. 93 5. Insurance. Each Owner of a parcel shall obtain and maintain a policy or policies of commercial general liability insurance covering loss, damage, or liability for bodily injury, including personal injury or death of any individual and loss or damage to property occurring in, upon or about the Facilities on such Owner's parcel, in such amounts as from time to time are carried by prudent owners but in no event less than $1,000,000 per occurrence. 6. Default. If a violation or failure to perform obligations under this Easement occurs, and such violation or failure is not cured within thirty (30) days after written notice is given to the defaulting Owner by the other Owner, then in addition to any other remedies provided by law, the non -defaulting Owner shall be entitled to take any reasonable action necessary to cure such default and the defaulting Owner shall be liable for the reasonable costs incurred by the other Owner in doing so. 7. Attorneys' Fees. If either party files suit or takes other legal action to enforce its rights under this Easement, the prevailing party shall be entitled to reasonable attorney's fees and costs, and costs of enforcement. GENERAL 8. Run with Land. This Easement and the obligations set forth in this Easement shall be appurtenant to and run with Lot A and Lot B and shall be binding upon and inure to the benefit of the owners of such lots, subject to this Easement, and their respective successors and assigns. 9. Applicable Law. This Easement shall be construed in accordance with the laws of the Commonwealth of Virginia. 10. Amendment or Termination. The provisions of this Easement may be amended, and this Easement may be terminated, only by an instrument signed or ratified by the authorized owners of Lot A and Lot B. 11. Notices. All notices, demands, or other communications that may be necessary or proper hereunder shall be delivered by hand delivery, recognized overnight courier service or U.S. Mail, postage prepaid. Notice shall be made to the address given the tax records of the County of Albemarle for the Owner, and shall be effective upon delivery (except that notice by U.S. Mail shall be effective on the third business day after deposit in the U.S. Mail, postage prepaid and properly addressed). 12. Severability. Invalidation of any one of the provisions of this Easement by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 13. Counterparts. This Easement may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 14. Trustee Consent. The AUB Trustee hereby consents to this Easement and agrees that the lien of the AUB Deed of Trust is hereby subordinate to this Easement. [SIGNATURE PAGE TO FOLLOW] 13 [IVY PROPER SIGNATURE PAGE] IN WITNESS WHEREOF, the undersigned have caused this Easement to be signed under seal pursuant to due and proper authority as of the date first set forth above. IVY PROPER LLq., a Virginia limited liability company. BY: _ Name: Title: COMMONWEALTH OF VIR INIA 6/COUNTY OF r 6 Uf I TO -WIT: n ) f) The foregoing instrument was acknowledged before me this day of 2022, by SAID W rIN as 6Nn, GQ_ of Ivy Proper LLC. T My Commission expires: T Q�o26 [Seal] otary Public Registration 6 JASON NESS NOTARY PUBLIC Commonwealth of Vrginla Reg.#7140846 My commission Expires Feb. 28, 2026 [5 GUYS SIGNATURE PAGE] IN WITNESS WHEREOF, the undersigned have caused this Easement to be signed under seal pursuant to due and proper authority as of the date first set forth above. 5 GUYS WITHOUT FRIES TOO LLC M Name Title: COMMONWEALTH ,OF VI INI (gY/COUNTY OF U - �. JI ; TO -WIT: A The foregoing instrument was acknowledged before me this X N day of r, 2022, by I AU WrP/li as /�i� of 5 Guys without Fries Too , My Commission expires: ZD A 10-2 otary Public [Seal] Registration 7&& JASON NESS NOTARY PUBLIC Commonwealth of Virginia Reg.#7140846 My Commission Expires Feb. 28, 2026 [AUB TRUSTEE SIGNATURE PAGE] IN WITNESS WHEREOF, the undersigned have caused this Easement to be signed under seal pursuant to due and proper authority as of the date first set forth above. UNION SERVICE CO ORATION BY: (SEAL) Name: .tea Title: f Q�;_ COMMONWEALTH �OF_ VI G11 INI 64/COUNTY OF CW SV l l ; TO -WIT: n The foregoing instrument was acknowledged before a this � day of ,�1x�r, i 2022, by Ik iL a4 vEy as Uu �� 1y of Union Service Corl%rat�ion. My Commission expires: opt %11 a 6 [Seal] Noy6 Public Registration _111 JASON NESS 4834-6652-7215, v. 10 NOTARY PUBLIC Commonwealth of Virginia Reg.#7140846 My Commission Expires Feb. 28, 2026 INSTRUMENT R 2022000D4058 RECORDED ALBEMARLE CO CIRCUIT COURT CLERKS OFFICE Apr 01, 2022 AT 03A4 pm JON R. ZUG, CLERK by MEB 7 Instrument Type: Instrument # : Pages: 1st Grantor 1st Grantee Description: Consideration: AG 202200004068 10 IVY PROPER LLC IVY PROPER LLC LOT A AND LOT B 0.00 Official Receipt Albemarle Circuit Court Jon R. Zug 501 E.Jefferson St Charlottesville, VA 22902 (434)972-4083 Receipt For: FLORA PETTIT PC Cashier: MEB Value: 0.00 Receipt # Date Document Grantor Ex Grantee Ex 2022-098242 04/01/2022 03:44pm 1of1 N N Pct: 100.00000000% 1st City: Y Item # Description Qty Unit Cost Extended 039 Tax Grantee/State 1 0.00 0.00 213 Tax Grantee/Local 1 0.00 0.00 035 VOF 1 3.00 3.00 301 Clerk 1-10 Pages 1 14.50 14.50 145 VSLA 1 3.50 3.50 106 TTF _ 1 5.00 5.00 Document 1 26.00 Grand Total 26.00 Check 12811 -26.00 Balance 0.00 Customer Copy