HomeMy WebLinkAboutSDP201700070 Review Comments Final Site Plan and Comps. 2019-01-28 i
Patricia Saternye
From: Patricia Saternye
Sent: Tuesday,January 29, 2019 3:54 PM
To: neil patel
Cc: Justin Shimp PE
Subject: RE: Easement Letter
Neil,
I have had a conversation with the County Attorneys office on your question.
First,the County's Attorney's office does not agree with your attorney. The section your attorney is referring to is a
different easement.
Second, it is our interpretation that you are putting yourself at risk by building the building on top of this existing, and
in our interpretation perpetual, easement.
With that being said, because it is a private agreement, although we will comment on it in the next review it will no
longer be a comment that will delay your site plan.
However, please understand that we will be copying the easement holder on any correspondence and/or comments in
reference to this issue. Although the County does not enforce private agreements notification to the parties involved is
appropriate under these circumstances.
Thanks,
Paty Saternye
Senior Planner
Community Development
Albemarle County
401 McIntire Road
Charlottesville,VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Patricia Saternye
Sent: Monday,January 28, 2019 11:56 AM
To: neil patel<htchotelllc@gmail.com>;Justin Shimp PE<justin@shimp-engineering.com>
Subject: RE: Easement Letter
Neil,
I apologize for not responding sooner.
I have received what you sent. However, it has to be reviewed in order to answer your question.
I will let you know more once it has been reviewed.
Thanks,
Paty Saternye
Senior Planner
1
•
Community Development
Albemarle County
401 McIntire Road
Charlottesville,VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: neil patel<htchotelllc@gmail.com>
Sent: Monday,January 28, 2019 11:38 AM
To: Patricia Saternye<psaternye@albemarle.org>;Justin Shimp PE<iustin@shimp-engineering.com>
Subject: Fwd: Easement Letter
Svapnil "Neil" Patel
Sent from my iPhone.
Begin forwarded message:
From: neil patel<htchotelllc@gmail.com>
Date:January 22, 2019 at 4:34:51 PM EST
To: psaternye@albemarle.org,Justin Shimp PE<justin@shimp-engineering.com>
Subject: Fwd: Easement Letter
Paty,
Let me know if this satisfies the request in last round of comments.
Svapnil "Neil" Patel
Sent from my iPhone.
Begin forwarded message:
From: Patrick Carollo<pdc@kanejeffries.com>
Date:January 22, 2019 at 3:29:32 PM EST
To: "HTCHoteILLC@gmail.com"<htchotelllc@gmail.com>
Subject: Easement Letter
Neil:
Please see attached. Let me know if anything more is needed.
Kind regards,
Patrick D. Carollo
2
Attorney at Law
Kane,Jeffries& Carollo,P.C.
DB/A KaneJeffries,LLP
1700 Bayberry Court,Suite 103
Richmond,VA 23226
T#(804)288-1672(ext.308)
F#(804)285-7365
C#(804)614-8556
42-gG15 TER,,
Trusted &Verified.
w• a ses hls
v
4GEKC
KANEJEFFRIES,LLP CONFIDENTIALITY NOTICE:This e-mail and any attachments are
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IRS CIRCULAR 230 DISCLOSURE:WE INFORM YOU THAT ANY TAX ADVICE
CONTAINED IN THIS COMMUNICATION(OR ATTACHMENT)IS NOT INTENDED TO
BE USED,AND CANNOT BE USED,FOR THE PURPOSE OF(i)AVOIDING TAX-
RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE,OR(ii)PROMOTING,
MARKETING,OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED
MATTER(S)ADDRESSED HEREIN.
3
A�F
� 'lill
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832441
Date: January 28,2019
14:64
Andy Herrick / p �✓ �
County Attorney's Office kr,t44 A / (4444/1
401 McIntire Road A
Charlottesville,VA 22902 � &4
1.440
Regarding: -1 •-0 1 14 t
Project Name: SDP201700070—HTC Hotel—Final Site Plan Liu-Lc/ 4�
41
Date Submitted: 1/22/19
Dear Mr. Herrick: 147
The applicant has submitted a letter from his lawyer for the above named project. In the review
comments, since the first submittal of the final site plan,a have been commenting about a possible conflict
between the proposed building location and an existing easement.
My questions are:
1. Since this is a private agreement,based upon our recent discussion on other projects,should I be
concerned about this issue at all or is it a private matter that I should not have even asked theu;�r,,
to address? A04-i v C c.,, i 9 L 4104 u�st GF -"MIS Air 1-5,2. If it is something I should be reviewing and ensuring they address,do you agree with their lawyer ,
that the Drive Lane Construction and Cross-Access Easement will no longer be a restriction once
the drive aisle is built.
The discussion to date has been:
1. A comment response letter from the applicant stated that the"The Cross-Access Easement"DB
2678-425 was a temporary access easement to build the access road behind Target."
2. On May 31 s"I requested the County Attorney's office to review this issue. Mr. Blair stated that the
language at the bottom of page 1 states"... a perpetual,non-exclusive easement and right-of-way
for vehicular ingress and egress..."for the"Access Easement"appears to include the"Drive Lane
Construction and Cross-Access Easement"area shown on the plat. Therefore,the existing
easement conflicts with the proposed building location. In my comments I specified that the
applicant needed to either revise the easement or revise the building location.
3. In the next comment response letter from the applicant they stated"The owner's attorney has
reviewed the language of the easement, and the"Drive Lane Construction and Cross-Access
Easement"will be abandoned with the construction of the travel way on the western side of the
HTC Hotel."
4. I responded in my comments that the applicant should provide a letter from their lawyer specifying
which part of the document outlines the future abandonment of the"Drive Lane Construction and
Cross-Access Easement".
5. That is what is attached for your review.
Please let me know of a copy or the most recent submission would be helprui in your review. At this time
I only have one marked up hard copy of the most recent submission,but I could have it scanned.
At your earliest convenience,please review this document and forward on for signature. Should you have
any questions or comments please feel free to contact me.
Sincerely, ,
i,,,,7, I
Paty Saterny o anner
County of A emarle
4100
Department of Community Devel.. nt
401 McIntire Road
Charlottesville,VA 22902
psatemye@albemarle.org
(434)296-5832,phone ex.3250
KANEJEFFRIES, LLP
ATTORNEYS AT LAW
1700 BAYBERRY COURT,SUITE 103
RICHMOND,VIRGINIA 23226-3762
AREA CODE 804
INANE,JEFFRIES a•.CAROLLO,P.C. 288-1672 THOMAS A.COOPER,P.C,
WILLIAM L.JEFFRIES,JR. THOMAS A.COOPER
ROBERT L.ISANE,JR. FAx 285-7365
PATRICIi D.CAROLLO ROBERT F,MOORMAN,PLC
NICOLE A.NIONMMO.NTALTO PDC@KANSJF,FFRIES.CO\i ROBERT F.MOORMAN
HOLLY R.PRATT
RYAN J.BROWN
GARLAND GRAY,III
BLARE B. I-IEGEMAN
January 22,2019
Albemarle County
Community Development
Attn: Paty Saternye, Senior Planner
401 Mclntire Road
Charlottesville, VA 22902
Re: Cross Access Easement and Construction Agreement(DB 2678,Page 425)
(referred to herein as the"Easement")
Dear Ms. Saternye:
I have reviewed the above referenced Easement, a copy of which is attached. The
Easement provides Hollymead Town Center,LLC,the right to construct a variable width roadway
in accordance with the requirements of Albemarle County. Once the roadway is completed the
construction easement as shown on the plat attached to the Easement shall conditionally cease.
This is set forth in the last sentence of section 3 of the easement.
Please let me know if additional information is needed or if additional action needs taken.
I thank you for your assistance in this matter.
With kindest regards, I remain
patrickyours,(15- 7a
D. Ca C
Enc. (Contract)
Page 1 of 12 ,
Instrument Control Number 0 O 1 3 U t
Commonwealth of Virginia .
Land Record Instruments
Cover Sheet-Form A l 1111(11[6[ 11111111/11
Doe lo: e00e3e86e012 Tyne: orla(ILSVLR Cover Sheet Agent l.e.88] • Feoordad: 01/29/2984 at 04:NI•46 Pig Artt: $20.20 Pepe 1 of 12_ • A S9aaarle County VA
T -1 Date of Instrument: [1/23/2004 j flier 20N0a44-00eaatas9rk olroult Court
X R•, fnatrtlrnentType; [OE , 2678�425-436
E •
•
P I Number of Paroele ( 3] .
x Number of Pages [ 10,
ti
>a City ElCounty Ili' [Albemarle County (Box for Deed Stamp Only)
A I First and Second Grantors __ _____
T. L. 14.3at Nan19 ___ 1 _ _First Remo I r Middle Name or inttlal I Suffix
[Hurl j[Charles ][Trustee ]
Ifl❑ [Fisher j[Shirley ][LV ][Trustee ]
First and Second Grantees
Last Na l Filet Name
Middle Name or inlaid I Suffix® an
[I1ollymead Town Center,][ L_..
L1 [ ][ ][ ]( ]
Grantee Address (Name) [HOLLYMEAD TOWN CENTER,LLC [
(Address 1) [care of Regency Realty Group,LLC ]
(Address 2) (861 8 Westwood Center Drive-Suite 300 ]
(City,State,zip) [Vienna I [VA] [22182 ]
Consideration[0.00 ]Existing Debt[0.00 j Assumption Balance[0.00 }
Prior Instr.Recorded at:City L County® [Albemarle County ] Percent.In this Jurle. [ 100]
Book ( ) Page [ ] Instr.No [ ]
Parcel Identification No(PIN) [03200-00-00-042B0,03200-00-00-042D0 ]
Tax Map Num. (if different than PIN) (32-42B,32-•42D ]
Short Property Description [Hollymead Area B ]
Current Property Address(Address 1) [
(Address 2) [ ]
(City,State,Zip) [ I[ I[ I
Instrument Prepared by [LeClair Ryan ]
Recording Paid for by [Commercial Title Group [
Return Recording to (Name) (LeClair Ryan 3
(Address t) [123 E Main 8th Fl ]
(Address 2) [ ,
(City,State,Zip) [Charlottesville I[VA][22902
Customer Case ID [ j [ ][ 1
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Cover Sheet Page if 1 of 2 't, r ,,,':i if f�,�},,� '� , {'r..C{
Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 1
Pape 2 of 12
inetrument Control Number
I
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet •
Form C '
ELS VLR Cover Sheet Agent 1.1.651
Ci
Date of Instrument, (1/23/2004 J
AR' Instrument Type; (DE )
TNumber of Parcels ( 31
o E Number of Pages [ 10J
R 2
City❑County[j [Albemarle arle County ] (tlou for need Stamp Dory)
Grantora/GranteeelParcel Continuation Form C
_Li ; Last Name Fist Name I
O®r L Nadia Name or Initial L Suffix _._J
[] [Post Office Land Trust i[ II 11❑C ❑ ( i[ II 1[ 1
D7 1[
U❑❑❑ 1 II it 11 1
1I ][ 11 1
Prior Instr.Recorded at:City 0 County® [Albemarle County ] Percent In this Jude. ( 1001
Book [ ] Page I ] Instr.No [
Parcel Identltloation No(PIN) [03200-00-00-042E0,03200-00-00.0430 1
Tax Map Num. (if different than PIN) [32-42E,32-43 1
Short Properly Description [Hollyrnead Area B J
Current Property Address(Address 1) ( 1
(Address 2) ( 1
(City,Stain,Zip) [ 11 1 f 1
)
-
Prior burr,Recorded et City 0 County® (Albemarle County ) Percent in this Juris,
Book [ i Page 1 1 Instr.No ( [ t�1
Parcel Identification No(PIN) [03200.00-00-043A0 [
Tax Map Num. If different than PIN) [32-43 )
Short Property Description [Hollymeed Area B ]
]
Current Property Address(Address 1) [ ]
(Address 2) [ 1
(City.State,Zip) ( 1 I ]1 1
1
6
f1 ti. r rf,/(1
Cover Sheet Page#2 of 2
Book: 2678 Page; 425 FileNumber:2004-00001386 Seq:2
Page 3 o1 12 j,� (�.
Doctmrentmeparcdby: lhivuN9yl�,�li "�ar�tET. i�t,ilU)
LeClair Ryan
123 Past Main Street
8'Moor
Clw+idtesville,Vhglnla 22902
Tux nip 32,Parcels 4211,421),42E,43 and 43A
CROSS ACCESS EASEMENT AND
CONSTRUCTION AGREEMENT
THIS CROSS ACCESS EASEMENT AND CONSTRUCTION AGREEMENT (the
"Agreement")is made as of this,Aa.day of January,2004,by and between CHARLES WM.HURT AND
SHIRLEY L. FISHER, TRUSTEES OF THE POST OFFICE LAND TRUST ("Post Office") and
HOLLYMEAD TOWN CENTER,LLC,a Delaware limited liability company("Hollymead,"and together,
the"Owners").
RECITALS: •
It-I, Post Office is the owner of certain real property(the"Post Office Property")located in the
Rivanna Magisterial District of Albemarle County,Virginia,depicted as TM 32 Par 41D on plat of Rivanna
Engineering & Surveying, PLC, dated September 15, 2003, attached hereto as Exhibit A and recorded
herewith(the"Plat").
R-2. Flollymcad is the owner of certain adjacent real property(the"Hollymead Property")upon
which Hollymead intends to place a commercial development(the"Project"),which property is located in the
Rivanna Magisterial District of Albemarle County, Virginia, and described more particularly on plat of
Rivanna Engineering &Surveying, PLC, dated March 7, 2003,last revised December 18, 2003, as Lot F
containing 5.16 acres,G containing 5.15 acres,Lot C containing 3.61 acres,Lot D containing 8.38 acres and
Lot Fs contenting 2.68 acres,which said plat is of record in the Clerk's Office of the Circuit Court of Albemarle
County,Virginia,at Deed Book 2672,page 732. A portion of the lollymead Property is depicted on the Plat
as TM 32 Per 43.
R-3. In conjunction with its development of the Project,Hollymead, its successors,assigns and
transferees,intends to construct a truck entrance,road and landscaping on the Post Office Property from U.S.
Route 29 southbound for the use and benefit of Hollymead and the Project.
WITNESSETH:
NOW,THEREFORE,in consideration of the covenants herein contained and for the mutual benefit
of all present and prospective owners of the Hollymead Property,the Owners agree as follows:
I. Construction of Entrance aeRoad. Hollytead shall construct or cause to be constructed
entirely at its own expense improvements consisting of'an entrance and variable-width roadway located within
that certain area described on the Plat as the Entrance Area Construction and Cross-Access Easement, in
accordance with the requirements of Albemarle County(the "Hollymead Improvements"). Post Office shall
construct or cause to be constructed entirely at its own expense improvements consisting of a variable-width
roadway connecting to the Hollymead Improvements and located within that certain area described on the Plat
as the Drive Lane Construction and Cross-Access Easement(the"Post Office Improvements"). Without in any
way limiting Post Office's responsibility for constructing the Post Office Improvements,Hollymead shall also
have the right to construct or cause to be constructed all or part of the Post Office Improvements,with such
work to be reimbursed by Post Office upon approval by the County of Albemarle of a final site plan for Post
Office Property.
2. Access Easerrte g. Post Office does hereby GRANT and CONVEY for the use and
enjoyment of Hollymead,its heirs,administrators,personal representatives,successors,assigns,tenants,other
occupants and permiltees and their respective employees, agents, sublessees, licensees, contractors and
invitees, a perpetual, nose exclusive easement and right-of-way for vehicular ingress and egress, including,
Book: 2678 Page: 425 FileNumber:2004-00001386 Seq: 3
Page 4 of n2
Driveway behind Target(F.xhBdl D)
without limitation,ingress and egress by delivery(rucks,tractor trailers,trash trucks and semis,to and from
U.S. Route 29 — Seminole Trail over and upon the areas depicted on the Plat as the Entrance Area
Conshuction and Cross-Access Easement and the Drive Lane Construction and Cross-Access Easement(the
"Easement Area")for the purpose of providing ingress,egress and other access to the Hollymead Property.
3. Temporary Construction Easement. Post Office does hereby GRANT and CONVEY to
Hollymead,its transferees,successors, assigns, agents and contractors,a temporary easement over the Post
Office Property to permit Hollymead to construct,install, maintain, repair, alter and replace the Easement
Area,including easements as necessary for the proper grading of the site,temporary erosion control measures,
landscaping, storage of supplies and equipment and redirection of traffic,which easement shall remain in
effect only until such construction is completed,but shall automatically be reinstated during the pendency of
any work thereafter performed.
4, fvlaintenance. Hollymead, its successors and assigns,shall maintain, at its expense, the
Hollymead Improvements. Post Office, its successors and assigns,shall maintain, at its expense,the Post
Office improvements. 'Ike Owners shall keep their respective portions of the Easement Area clear of waste,
debris, ice, snow and any obstruction to the unrestricted use of the Easement Area, except such as rosy
reasonably be required in connection with performance of maintenance. Without in any way limiting Post
Office's responsibility for maintaining its portion of the Easement Area,in the event that Post Office fails to
maintain the Post Office Improvements, Hollymead shall then have the right to maintain or cause to be
maintained the Post Office Improvements, with such maintenance work to be reimbursed by Post Office
promptly upon Hollymead's presentation to Post Office of an invoice for the actual cost of the maintenance
performed. Without in any way limiting Hollymead's responsibility for maintaining its portion of the Easement
Area,and provided that ingress and egress over the Hollymead Improvements is not materially impaired,in the
event that Hollymead fails to maintain the Hollymead Improvements,Post Office shall then have the right to
maintain or cause to be maintained the Hollymead Improvements, with such maintenance work to be
reimbursed by Hollymoad promptly upon Post Office's presentation to Hollymead of art invoice for the actual
cost of the maintenance perfomsed.
5. Easement for Installation and Maintenance of the Off-Site Landscaping. Hollymead, its
successors and assigns, shall be solely responsible for the installation, construction and maintenance of
landscaping in accord with any requirements of the County of Albemarle within that area designated on the
Plat as Off-Site Landscaping Easement(Area 1)(the"Off-Site Landscaping Easement"). Said maintenance
responsibility shall continue only until the County of Albemarle releases the bond posted by Hollymead for the
work to be performed on the Off-Site Landscaping Easement,at which time said maintenance responsibility
shall terminate and Post Office shall then become solely responsible for said maintenance. Post Office does
hereby GRANT and CONVEY for the use and enjoyment of Hollymead,its heirs, administrators,personal
representatives,successors,assigns, tenants, other occupants and petnuttees and their respective employees,
agents, sublessees, licensees, contractors and invitees, a temporary, non-exclusive easement to construct,
install, maintain, repair, alter,raze and replace the landscaping within the Off-Site Landscaping Easement
during the period Hollymead is responsible for construction and maintenance of the Off-Site Landscaping
Easement pursuant to this Paragraph 5.
6. Estoppel Certificates, Within fifteen(15)clays after written request by either party hereto,the
other party shall furnish to said requesting party and/or any mortgagee or purchaser of said requesting party an
estoppel certificate stating (i) that this Agreement is in full force and effect and has not been modified or
amended (or, if so modified or amended, specifying any such modifications or amendments), (ii) that no
default exists by the requesting party under this Agreement(or if a default so exists,stating the nature of such
default)and(iii)such other matters concerning the status of this Agreement or the obligations of the parties
hereunder as shall be reasonably requested.
7. private Rights. Subject to Paragraph 8 hereof,the Easement Area and Off-Site Landscaping
Easement are private and shall be maintained exclusively by the Owners. Nothing contained herein shall be
2
Book: 2678 Page: 425 FileNumber: 2004.00001386 Seq: 4
Page 5 of 12
Drtvewey behind Target(Ea hiUlt D)
construed as, or deemed to create,any rights for the benefit of the general public in either the Hollymead
Property or the Post Office Property.
8, Future Dedication. Nothing in this Agreement shall be construed to prohibit or in any way
limit the right of tlx:Owners(provided the Owners agree unanimously)to dedicate any part of the Easement
Area as a public road.
9. fvlatters of Record. The conveyances made and rights granted in this Agreement are made
subject to all applicable easements,restrictions,covenants and conditions of record in the chain of title to the
respective parcels.
10. Nppioes, All invoices and notices required hereunder shall be mailed to the appropriate party
as required hereunder by certified mail,postage prepaid,and return receipt requested,or by recognized courier
service, such as FedEx or UPS, with delivery reccipted, to the address reflected below, or at such other
address(es)as such party may designate,in writing,to the other party:
If to Grantor:
Charles Wm,Hurt,Trustee of the Post Office Land Trust
195 Riverbend Drive
Charlottesville,Virginia 22911
If to Grantee:
Hollyntttid'Town Center,LW
C/o Regency Realty Group,LLC
Attention:Taylor Chess
8618 Westwood Center Drive-Suite 300
Vicuna,Virginia 22182
11, Recordation, This Agreement shall be recorded at the Clerk's Office of the Circuit Court
for Albemarle County, Virginia and shall constitute a covenant running with the land to the extent
hereinafter provided. Except as otberw:se expressly provided in this Paragraph 11,this Agreement shall
be binding upon Post Office and Hollymead and their respective administrators,executors,assigns,heirs
and other successors in interest including any owners'association.
Notwithstanding the foregoing,during the period in which Hollymead shall retain title to at least
ten(10)acres of the Hollymead Property,the grantee or other transferee(and its successors and assigns)
of any conveyance or other transfer of the Hollymead Property shall not he liable under this Agreement
for either the performance by Hollymead of the maintenance and construction obligations hereunder or
the payment by Hollymead of any sams due hereunder(together,the"Hollymead Obligations");instead,
Post Office hereby agrees that,during the period in which Hollymead shall retain title to at least ten(10)
acres of the Hollymead Property, Post Office shall look solely to Hollymead for payment and
performance of the Hollymead Obligations and not to any other grantee or transferee of the Hollymead
Property,
During the period in which Post Office shall retain title to at least ten (10) acres of the Post
Office Property, the grantee or other transferee(and its successors and assigns)of any conveyance or
other transfer of the Post Office Property shall not be liable under this Agreement for either the
performance by Post Office of the maintenance and construction obligations hereunder or the payment by
Post Office of any sums due hereunder(together, the "Post Office Obligations"); instead, Hollymead
hereby agrees that,during the period in which Post Office shall retain title to at least ten(10)acres of the
Post Office Property,Hollymead shall look solely to Post Office for the payment and performance of the
3
Book: 2678 Page; 425 FileNurnber: 2004-00001388 Seq: 5
Page 6 0112
Driveway behind Targct(Exhibit D)
Post Office Obligations and not to any grantee or other transferee of any portion of the Post Office
Property.
Without limiting the generality of the foregoing, if a portion of the Hollymead Property shall
hereafter be conveyed to Target Corporation("Target"), and such portion so conveyed shall not exceed
twelve(12)acres,and shall not be the Hollymead Triggering Transfer,as herein defined,then Target and
its successors and assigns shall have no liability under this Agreement for payment or performance of the
Hollymead Obligations; Post Oftie,e hereby agreeing that it shall look solely to Hollymead and any
successor owner of the remainder of the Hollymead Properly(subject to the foregoing provisions of this
Paragraph 11) excluding the portion thereof conveyed to Target, for payment and performance of the
Hollymead Obligations, Upon the occurrence of a conveyance or other transfer by Hollymead of all or a
portion of the Hollymead Property, after which conveyance or other transfer the residue of such
Hollymead Property retained by Hollymead shall be less than ten(10)acres(the".Hollymead Triggering
Transfer"), liability for the performance and payment of the Hollymead Obligations thereafter shall
attach to and run with ownership of that portion or portions of the Hollymead Property transferred or
conveyed pursuant to the Hollymead Triggering Transfer,as well as ownership of any portion or portions
of the Hollymead Property then retained by Hollymead.
Upon the occurrence of a conveyance or other transfer by Post Office of all or a portion of the
Post Office Property,after which conveyance or other transfer the residue of such Post Office Property
retained by Post Office shall be less than ten(10)acres(the"Post Office Triggering Transfer"),liability
for the performance and payment of the Post Office Obligations thereafter shall attach to and run with
ownership of that portion or portions of the Post Office Property transferred or conveyed pursuant to the
Post Office Triggering Transfer, as well as ownership of any portion or portions of the Post Office
Property then retained by Post Office.
12. Successors and Assigns. The terms and provisions of this Agreement are deemed to be
covenants running with the land that are binding upon and inure to the benefit of the transferees,successors,
devisees and assigns of the parties hereto and any person claiming by,through or under them. Subject to the
provisions of Paragraph 11 hereof, upon any transfer or conveyance of all or a portion of the Hollymead
Property or the Post Office Property, the grantor or other transferring party shall be automatically released
front all further liability and obligations under this Agreement with respect or relating to the property so
transferred or conveyed. Any obligations contained herein shall be construed as covenants and not as
conditions, and a violation of any said covenants shall not result in a forfeiture or reversion of title to the
easements herein granted,
13. Modification.This Agreement shall not be amended,modified or terminated and no waiver of
any provision hereof shall be effective unless set forth in a written instrument executed with the same formality
as this Agreement,
14. Sevetebility. If any provision of this Agreement shall be unenforceable in whole or in part,
such provision shall be limited to the extent necessary to render the same valid,or shall be excised from this
Agreement, as circumstances require,and this Agreement shall be construed as if such provision had been
incorporated herein as so limited or as if such provision had not been included herein,as the ease may be.
15. Counterparts.This Agreement may be executed in two or more counterparts,each of which
shall constitute an original and all of which taken together shell constitute a fully executed instrument.
16. Choice of Law. This Agreement shall be governed by and construed in accordance to the
laws of the Commonwealth of Virginia.
4
Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 6
Page 7of12
Driveway behind Target(Exhibit D)
WITNESS the following signatures and seals.
Charles Wm. Hurt, es Trustee for the Post Office
Land Trust
Shirley L.Fisher,as Trustee for the Post Office
Land Trust
/c4
HOLLYMEAD TOWN CENTER,LLC,a
Delaware limited liability company
By: Regency Realty Group,Inc.,a
Florida corporation ( ageerr
By: `�
Its: �!a�' C �,..a:�C3 •
COMMONWEALTH OF VIRGINIA
("Mt/COUNTY OF Fett Ay-
tt
The foregoing instrument was acknowledged before me this 1�7 day of b[,C, fir,1+
200_by Charles Wm.Hurt,as Trustee for the Post Office Land'trust.
,19-1. n. _ •
otary Public
My Commission Expires: 3- i_Q G
COMMONWEALTH OF VIRGINIA
,CITY/COUNTY OF F'At •
t2P�►y
zf�
The foregoing instrument was acknowledged before me this ft day of ��.•
200$ by Shirley L.Fisher,as Trustee for the Post Office Land Trust,otary Public
•
.
y Commission Expires: 3-3 t—0
5
Book: 2678 Page: 425 FileNumber:2004-00001386 Seq: 7
Page 8of12
Dri►emy behind Target(Se►Ilrt D)
COMMONWEALTH OF VIRGINIA
CITY/C-ebt•Ffsi OF ,L
The foregoing instrument was acknowledged before me thisav?''i day of
200_by.7'o ivtr 0.Cb..k.ess , (.? -471 tk0$.,.,4..Lh, _--of Regency y
Group,Manager'ofHOLLYMEAD TOWN CENTER,LLC.
. 021}tAtA
Notary Public
My Commission Expires: (a-30-OS'
6
Book: 2678 Page: 425 FileNumber;2004-00081386 Seq:8
Page 9of12
Driveway WWI Thy get(exhibit D)
Exhibit A
[the Nat]
7
Book: 2678 Page: 425 FileNumber:2004-00001386 Seq:9
Pape 10 of 12
Di4 ee6b4 Tweet MO818 1/1
100 0 100 800 001
SCAR:1 -100
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•
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gram
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y EeeMMnt
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Wong eaeemenl
4 SI1�WR"1�3'y18'Y �PF dN
PLAT E —— -.-
ABlIBI1Y
TAX OAP 32 PAR0EL9 418 d:43 ROUTE 29 MIME TRAIL
HOLLYMEAD TOWN CENTER VARIABLE YAM'RAY
MONA OBWOT.AIJEYAIOE WL44TY,1188/11A '.
SCALE I'.100' DAL 5EP1ELBER 14 2003
320042.de9 - .. •
e7NIM2A MUM 4&WYK PLO
PR 1101178Dk a4kao1 E814L E,1A,DO,
`:4D411B4.ID 9 PI 431,1184,8023 _
Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 10
Page 11 of 12
CONSENT.SUBORDINATION AND PARTIAL RELEASE
BY TRUSTEES AND BENEFICIARY
J. PETER RICHARDSON and AVID W. KUDRAVI:TZ (the 'Trustees"), and
FIRST COMMUNITY BANK,,Die:f nose address is P.O. Box 950, 211 Federal Street,
Bluefield,West Virginia 24701 (the"Beneficiary"),are,respectively,the trustees and beneficiary
under that certain Deed of Trust from CHARLES WM.HURT AND SHIRLEY L.FISHER,
TRUSTEES OF THE POST OFFICE LAND TRUST dated December 11, 1997,and recorded
in the Clerk's Office of the Circuit Court of Albemarle County,Virginia at Deed Book 1661,
page 123(the"Deed of Trust").
In consideration of the premises and the intent of the parties to be legally bound, the
aforesaid trustees and beneficiary do hereby JOIN IN,RATIFY and CONFIRM the foregoing
Cross Access Easement and Construction Agreement ("Deed of Basement") for the express
purposes of consenting to such Deed of Easement, subordinating all of their right, title and
interest under the Deed of Trust to the operation and effect of the Deed of Easement and
releasing from the lien of their Deed of Trust the areas depicted on the Plat as the Entrance Area
Construction and Cross-Access Easement, the Drive Lane Construction and Cross-Access
Easement and the Off-Site Landscaping Easement(Area 1).
IN WITNESS WHEREOF, the Trustees and Beneficiary have each executed this
Consent, Subordination and Partial Release by Trustees and Beneficiary or caused it to be
executed on its behalf by their duly authorized representatives,this day of a,,,, ,20.d
J.Peter Richardson,Trustee for First Community
Bank, .,rr.9
D id W.Kudravetz,Trustee for First Community
First Community BankjRc Aw
Its: ,.� « _✓f,.r.....
Book: 2678 Page: 426 FileNumber, 2004-00001386 Seq: 11
Pogo 12 of 12
1
6__��'We ,THof"giniw
-CGTY/COUNTY OF mereer •
•
Tile foregoing instrument was acknowledged before me this /61/lday of Janileir ,
200 by J.Peter Richardson,Trustee for First C y unit Bank,,Jae-�,,.y,
O
oFw.se_ NOTARY6veW RITA t.ORA NE PAULEY
Fsrcteox,neCommission xueneto,wv:aro,
My don ogles bomb,a,sotI
COMMONWEALTH O VIRG IA
CITY/rY OF CAr-s-GK •
•
The foregoing instrument was acknowledged before me this /9' day of
200 j by David W.Kudravetz,Trustee for FirstCommunity a►nk,Jae:,y;.o
Communi B �--'
9,, .4 47/I.4Pc1G14A-
Notary Public
My Commission Expires; /s/ ei.t oo y
COMMONWEALTH L)tAt V im-- i
CITY/COUNTY OF
The fo oin nnstrume t was acknowled ed before me this day o 1 r�y "'
200A by L. SVI� y � B ,
Inor.„s-,...7. end L,ernl;nq r First Community Bank,
f o AIIY SEAL I l` 01-1\-.1.11..A...
�,►►1�ran NOTARY Pt1BL10 1.
.• 6tosoFir T inaNA
µ. �._,, F iN b1.CARVER Notary Pu tc
�+1 F sr. My Commission Expires:O I o�
I
n t '1 A W'24701
My oosnfesbn WOW*d 7w,2013 '
RECORDED IN CLERKS oFFIOE OF
ALBEMARLE ON
Jenup►Y 23.2004 AT 4:0e4e PM
A$REQUIRED GRANTOR TA)(PD
BY VA CODE jga 1
TA .00 LOCAL:$0.06 -8°2
ALE co
DC c
21
Book: 2678 Page; 425 FileNumber:2004-00001386 Sag: 12
of
fill1 �i:
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: May 31,2018
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SDP201700070—HTC Hotel—Final Site Plan
Date Submitted: 4/20/18
Dear Mr. Blair:
The applicant has resubmitted the final site plan (attached),for the above named project. In the first
round of review a comment pointed out a possible conflict with an existing easement. With the resubmittal
the comment response letter the applicant stated that the easement in question"The Cross-Access
Easement"DB 2678-425 was a temporary access easement to build the access road behind Target."
It is possible that the intent of the document was not to keep the full width of the"Drive Lane Construction
and Cross-Access Easement"in perpetuity as evidenced by the"60' Building Restriction Area"shown on
the same plat attached to the recorded document. However, the"Cross Access Easement and Construction
Agreement"in section "2. Access Easement"uses the wording"perpetual". In the area of the proposed
building the width of the"Drive Lane Construction and Cross-Access Easement"is 70'. Because of a
staggering of these easements that would put the"Drive Lane Construction and Cross-Access Easement"
30' into the proposed building even though the building is outside of the"60' Building Restriction Area".
Please let me know if a discussion of this issue and my questions would be beneficial.
At your earliest convenience,please review this document and forward on for signature. Should you have
any questions or comments please feel free to contact me.
Sincerely,
Pat Sate a or Planner
County o bemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
psatemye@albemarle.org
(434)296-5832,phone ex.3250