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Home My WebLink AboutSDP201700070 Review Comments Final Site Plan and Comps. 2019-04-17 Patricia Saternye From: Patricia Saternye Sent: Wednesday, April 17, 2019 3:05 PM To: HTCHoteILLC@gmail.com Cc: Justin Shimp, P.E.; George Gray; Brook Wood; Gretchen Wood Subject: RE: HTC Hotel Site Plan Approval Neil, The comments have been sufficiently addressed for SDP2017-70. Both ARB and Engineering had remaining comments. Engineering however stated that"engineering defers to planning" in reference to the "plat"that was supposed to be submitted to the County, and reviewed, prior to recordation for the offsite improvements. Planning, after consultation with the County Attorney's office has accepted the recorded deed (DB5140 PG 603-607) in place of submitting an easement plat for review and approval. Also,ARB has stated as long as the trees specified in their comment (8 Allee Elms) are provided they will have no objection to the approval of the site plan. Planning sees that 8 Allee Elms are shown on the Landscape Plan sheet. As specified in the last round of comments(#10 b))the private agreement for the "drive lane construction and cross- access easement" appears to be in conflict. However, as stated in an email to you on 1/29/19, because it is a private agreement it will not delay your site plan approval. We will however copy the easement holder(s)on correspondence and approval of this site plan. Please have Shimp Engineering submit the 4 full size sets of the site plan for signatures. Please keep in mind that the signature process can take 10 to 14 days. However, we will request that the reviewers sign the plat as soon as they are able. Thanks, Paty Saternye Senior Planner Community Development t ode Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Patricia Saternye Sent:Tuesday,April 16, 2019 4:18 PM To: HTCHoteILLC@gmail.com Cc:Justin Shimp, P.E. <justin@shimp-engineering.com>; George Gray<george@grayconstructionrva.com>; Brook Wood <brook@digsinc.com>; Gretchen Wood<gretchen@digsinc.com> Subject: RE: HTC Hotel Site Plan Approval 1 Neil, I am actively reviewing now. I will get back with you as soon as the review is complete. Thanks, Paty Saternye Senior Planner Community Development tte Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: HTCHoteILLC@gmail.com <htchotelllc@gmail.com> Sent: Friday,April 12, 2019 8:04 AM To: Patricia Saternye<psaternye@albemarle.org> Cc:Justin Shimp, P.E. <justin@shimp-engineering.com>; George Gray<george@grayconstructionrva.com>; Brook Wood <brook@digsinc.com>; Gretchen Wood <gretchen@digsinc.com> Subject: Re: HTC Hotel Site Plan Approval Good Morning Paty! Just following up on the review of the hotel site plan and when you may get to it? Svapnil "Neil" Patel Comfort Inn &Suites VA599 Member, HTC Hotel LLC 8901 Brook Road Glen Allen,VA 23060 Cell: 804-426-4800 Fax: 804-553-8395 Email: HTCHoteILLC@gmail.com On Fri, Mar 15, 2019 at 2:30 PM Patricia Saternye<psaternye@albemarle.org>wrote: Neil, Until what has been submitted is reviewed I will not know if we are close to approval or not. I can tell you that it appears that the document for the adjoining parcel easements has been submitted for the first time last week. At this point I do not know if all easements required are part of that document, if the County Attorney's office will have no issues with it, and/or if it matched the current layout 100%. I will know more once the review is done. 2 Patricia Saternye From: Patricia Saternye Sent: Tuesday,January 29, 2019 3:54 PM To: neil pate) 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 Nzi: Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@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<justin@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& Carob ,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 ,...., , Trusted &Verified. B srs. ..,... AGEN1 KANEJEFFRIES,LLP CONFIDENTIALITY NOTICE:This e-mail and any attachments are confidential and may be protected legal privilege.If you are not the intended recipient,be aware that any disclosure,copying,distribution,or use of this e-mail and any attachment is prohibited. If you have received this e-mail in error,please notify us immediately by returning it to the sender and delete this copy from your system.Thank you for your cooperation. 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 w Justin Shimp Shimp Engineering 201 E. Main Street, Suite M Charlottesville, VA 22902 HTC Hotel, LLC 8901 Brook Road Glen Allen, VA 23060 Adjacent Owners: HOLLYMEAD CORNER LLC C/O PEADAR N LITTLE 809 CLUB DRIVE KESWICK VA, 22947 SMITH FARM ENTERPRISES LLC WORLD TRADE CENTER 101 W MAIN STREET, STE 4900 NORFOLK VA, 23510 POST OFFICE LAND TRUST CHARLES WM HURT & SHIRLEY L FISHER TRUSTEES P 0 BOX 8147 CHARLOTTESVILLE VA, 22906 KANEJEFFRIES, LLP ATTORNEYS AT LAW 1700 BAYBERRY COURT,SUITE 103 RICHMOND,VIRGINIA 23226-3762 AREA CODE 804 KA_NE,JEFFRIES&CAROLLO,P.C. 288-1672 THOMAB A.COOPER,P.C. WILLIAM L.JEFFRIES,JR. THOMAS A.COOPER ROBERT E.KANE,JR. FA1:285-7365 PATRICK D.CAROLLO ROBERT F.MOORMAN,PLC NICOLE A.MONKS MONTALTO PDC@KANEJEFFRIES.COM ROBERT F.'MOORMAN HOLLY K.PRATT RYAN J.BROWN GARLAND GRAY,III BLARE B.IIEGEMAN January 22,2019 Albemarle County Community Development Attn: Paty Saternye, Senior Planner 401 McIntire 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 ra iatnv ours, . rlD. Ca o Enc. (Contract) Page 1of12 + Instrument central Number 0 013 8 6 J • Commonwealth of Virginia Land Record Instruments Cover Sheet-Form A n 111il�1111111111111 111 Doc IO:I�aaIeefoee33sasa812 Type: DEE (IL3 VLR Cover Sheet Agent1.0.86] Recorded: 01/23/2084 at 04:e6:46 PM F e rust: $20,20 Paps 1 of 12_ baaarle Caunty VA T Date of Instrument: lbv Marshall Clark circuit court A [112312004 ] Flde/r 2004-e00a18a8 X R[ instrument Type; [DE J 267$P0425-436 PI E ! Number of Parcele [ 3] . X Number of Pages I 10J • ..,. �P City [0County [Albemarle County J (sox for need 9 Only) P First and Second Grantors T_ [- Last dame _1____^___.First Name I Middle Name or Initial I Suffix [Hurt J[Charles J LW ][Trustee ❑ [Fisher I[Shirley ][L ][Trustee ] Firs and condGra tees ' Last Name First Name Middle Name or Initial I Suffix ® [Hollym ad Town Center][ `� J[ I I j ❑ ,Ll [ II If Jr I Grantee Address (Name) IHOLLYMEAD TOWN CENTER,LLC 1 (Address 1) [care of Regency Realty Group,LLC J (Address 2) (8818 Westwood Center()rive-Suite 300 I (City,State,zip) [Vienna ] [VA] [22182 ] Consideration 10.00 I Existing Debt[0 00 J Assumption Balance[0.00 ] Prior Instr.Recorded at City ❑ County 12 [Albemarle County ] Percent.In this Jude. I 1001 Book [ ) Page ( I Instr.No j 1 Parcel Identification No(PIN) [03200-00-00-04280,03200-00-00-042D0 J Tax Map Num. (if d)Horent than PIN) (32-42B,32-42D J Short Property Description [Hollymead Area B J Current Property Address(Address 1) [ (Address 2) [ (City,State,Zip) [ 1 I II I Instrument Prepared by [LeClair Ryan J Recording Pald for by [Commercial Title Group J Return Recording to (Name) (LeClair Ryan j (Address 1) [123 E Main 8th Fl (Address 2) I ' (City,Sate,Zip) [Charlottesville I[VA][22902 J Customer Case ID [ 1 I ]I 1 Iii Cover Shoot Paged1of2 ' : }� '�yri'K1�' - 't .1 i01Jf . I Boost; 2678 Page: 425 FileNumber; 2004-00001386 Seq: 1 • Page 2 of 12 Instrumem control Number I 1 • Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet • Form C DLS VLR Cover Skeet Agent 1.1.681 ' 51 Date of instrument, [1/23/2004 J i I Instrument Type: [DE A ] I x N Number of Pamela [ 3] o E Number of Pages [ 10 J • R E CIty Q County 0 [Albemarle County I (13ox ror Deed Stamp Only) Grantors/Grantees/Parcel Corrtlnuatlal Form C i Last Name _ L__�_ First Name I Noddle Name or Initial I g J ❑❑ElliQ `Post Office Lend Trust )( J f II ][ 11 1 ❑❑ [ I I II 11 1 Prior Instr,Recorded at:City 0 County® [Albemarle County J Percent In this Judo. [ 100] Book [ ] Page ( ] Instr.No [ Parcel Identification No(PIN) [03200-00-00.042E0,03200-00-00-0430 ] Tax Map Num. (if different than PIN) [32-42E,32-43 ] Short Property Description [Holymead Area a ] 1 Current Property Address(Address 1) [ I (Address 2) [ ] (City,State,Zip) [ 1 f 1 f ] 1 Prior Instr.Recorded at:City 0 County® (Albemarle County ) Percent in this Jude. [ 100] Book [ J Pegs 1 1 Instr.No [ Parcel Mortification No(PINJ [03200-00-00-043A0 ] Tax Map Num. (If different then PIN) 132-43 ] Short Properly Description [Hogymead Area Et1 Current Property Address(Address 1) [ 1 (Address 2) [ ] (City.State,Zip) f ] ]f ]f J Cover Sheet Page 02 of 2 t ., "+ ; y Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq:2 Page 3 of 12 • DnveNeuy 401 jar`t it D) Demi=11 prourcd by 1sClnlr Rynn 123 Prsl Main Sucot 8"Moor Char totiesvllle,vin;bdn 22902 Tux mg)32,Parcel s 4211,421),42E,43 seat 43A CROS§ACCESS EASEMENT AND CONSTRUCTION AGREEMENT THIS CROSS ACCESS EASEMENT AND CONSTRUCTION AGREEMENT (the "Agreement")is made as of this Z day of January,2004,by and between CHARLES WM.HURT AND SHIRLEY 1„ FISHER, TRUSTEES OF TILE POST OFFICE LAND TRUST ("Post Office") and HOLLYMItAD TOWN CENTER,LLC,a Delaware limited liability company("Hollymead,"and together, the"Owners"). RECITALS: • R-l. 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,, and recorded herewith(the"Plat"). R-2, Hollymead is the owner of certain adjacent real property(the"Hollymead Property")upon which Ilollytnead 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 1?containing 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 Hollymead Property is depicted on the Plat as TM 32 Par 43. R-3. In conjunction with its development of the Project,Hollymead, its successors,assigns and transferees,intends to construct a truck entrance,toad and landscaping on the Post Office Property from Route 29 southbound for the use and benefit of Hollymead and the Project, WITNE$SETII: NOW,THEREFORE,In consideration of the covenants heroin contained and for the mutual benefit of all present and prospective owners of the Hollymead Property,the Owners agree as follows: 1. Construction of Lntrance_a Hollymcad 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 Easement. 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 permittees and their respective employees, agents, sublessees, licensees, contractors and invitees, a perpetual, non-exclusive easement and right-of-way for vehicular ingress and egress, including, Book: 2678 Page: 425 FileNumber:2004-00001386 Seq: 3 Page 4 of 12 • Dr9ve.,"y wind Target(Exhibit D) without limitation,ingress and egress by delivery trucks,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 Construction 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 Eascmetrl• 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 f-Iollytnead 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• Maintenance. 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. '1he Owners shall keep their respective portions of the Easement Area clear of waste, debris, ice, snow and any obshuetion to the unrestricted use of the Easement Area, except such as may reasonably be required in connection with performance of maintenance. Without in sty 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 flollyfnead 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 Hollymead promptly upon Post Office's presentation to Hollymead of an invoice for the actual cost of the maintenance performed. 5, }casement for Installaticge 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 permittees 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 dining 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)days 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 delimit)and(iii)such other matters concerning the status of this Agreement or the obligations of the parties hereunder as shall bit 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 Driveeey behind Tee5el(Exhibit 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 the Owners(provided the Owners agree unanimously)to dedicate city part of the Easement Area as a public road. 9. Matters 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. Notices. All invoices and notices required hereunder shall be mailed to the appropriate party as required hereunder by certified trail,postage prepaid,and return receipt requested,or by recognized courier service, such as FedEx or UPS, with delivery receipted, 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: Hollyineud'1'own Center,LLC C/o Regency Realty Group,I.LC Attention:Taylor Chess 8518 Westwood Center Drive-Suite 300 Vienna,Virginia 22182 11, Recordation, This Agreement shall be recorded at the Clerk's Office of the Circuit Court for Albemarle County, Virginia and shell constitute a covenant running with the land to the extent hereinafter provided. Except as otherwise expressly provided in this Paragraph 11,this Agreement shall be binding upon Post Office and Hollymcad 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 be liable under this Agreement for either the performance by Hollymead of the maintenance and construction obligations hereunder or the payment by Hollymead of any sums 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,I-IIlymead shall look solely to Post Office for the payment and performance of the 3 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 5 Page 6 of 12 Driveway healed Target(Exhibit n) 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 Hollymend 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 g payment or performance of the Hollymead Obligations; Post Office hereby agreeing that it shall look solely to Hollymead and any successor owner of the remainder of the Hollymead Property(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 Ilollymead 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".Tlollyinead 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 flotlymead 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 tinder 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 from 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 instnitnent executed with the same formality as this Agreement, 14. Severability, 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 case 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 shall constitute a fully executed instrument. 16, Choice of Law. This Agreement shall be governed by and constnred in accordance to the laws of the Commonwealth of Virginia. 4 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 6 Page 7 of 12 DrK.._,__Owl Target(Exhibit D) WITNESS the following signatures and seals. Charles Wm. Hurt, as Trustee for the Post Office Land Trust /94,14 / Shirley L.Fisher,as Trustee for the Post Office Land Trust %41-7 r —, HOLLYMEAD TOWN CENTER,LLC,a Delaware limited liability company By: Regency Realty Group,Inc.,a Florida corporation ages By: f '' Its: '10.-- , 0..,,.: COMMONWEALTH OF VIRGINIA (PIT4'/COUNTY OF .17;p,t12.FAy. The foregoing instrument was acknowledged before me this Tr day of t)cL lki gr _ 200_by Charles Wm.Hurt,as Trustee for the Post Office Land Trust. otary Public My Commission Expires: 3-S t-Q G COMMONWEALTH OF VIRGINIA „CITY/COUNTY OF PAr12PAle • ' The foregoing instrument was acknowledged before me this l4�tf day of'b "! t=a•-4 _- 200 3 by Shirley L.Fisher,as Trustee for the Post Office Land Trust, .: , tary Public �o �~� , , ^ • y Commission Expires: 3-3 t•-p lq • 5 Book: 2678 Page: 428 FileNumber:2004-00001386 Beg: 7 Page 8of12 Driveway Healed Target(tahIbit D) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this47/A fay of 200,1 by if Lc ,, P).Caess _, p `421ANted-4 44, of RegencyR y Group,Managg'of HOLLYMEAD TOWN CENTER,— LLC. Notary Public My Commission Expires: (s 6 Book: 2678 Page: 425 FileNumber:2004-00001386 Seq: a Pogo 9 of 12 Drlvevw Txrget(HyIAIW(D) Exhibit Al [the Plat] 7 Book: 2678 Page: 425 FileNumber:2004-00001386 Seq: 9 Page 10 o112 P 1AWo+ry 461.4 - _pth I>f 100 0 100 200 Dot IMAM:1 .100 ,p / _ \ 1MiOMY R.UUNo,ER> A \ 1 f Fa rz , lam..,ulN«-- \ \ 1 \ \ \ Aw \\ \\ VAMP I/9.i Br32 Par 410 \ \ Pat ODlee Load Thal \ 3'3p'[ OD I161-118 \\ \ Y � 859-113 Plot Zmnt PO-IIC \ SROY \ \ \ Pod A32 Poo 410 lord Twit /. LrMUM D1 116t-11s ^ I 059-183 Plot \\ toned YD-YC n 00Is1p E ,74ag S 4 1 \\ VW WWI(' IS'Mown \ �\ Roglollon Ecoomonl. .1 \ eo \ 20 Utility ilk t \ \\ Eooamwnt t511 \ \\81 32 Pa 45 W Holp000d Tow Witt/ WI Strike Aron 1' ' /DIM Laos Jew \\\\\ \1 Crown-how i 1 1 • Eamon! I 1 II t 1 E0'&Adhp ' I._ �. /'-Starmoaler-Rw�lrbtbn *ti • • , j {\\,homed !D —f Vey^'Nkomo Ara"two -....'"), e I EOtarrsd comtructuin.and ri-a._. 'tb'Ikolnago•••: Otr�10 t.ad !4 I j Er/Foment i1 /�[wnwl '00�'9 1 20•E eos Soria� 1 ome1 4,2no s,.[ +oar PLAT 16161410 EA20 1D IV TAX SAP 32 PM)CSU 410 It 43 ROUTE 29 SEIIINOLE TRAIL HOLLYMEAD TOWN CENTER VARIABLE WIDTH•R/W RMA 5912CI, tJ MARLE C0N11Y,4111gMA .. YA DCALE 1'.tar DAM 9EPABE11 1A 1033 310043.doo _ .. . MIRA WHIM&9100119,PLC P.O.KY 70 3;QLJOCTIESNllf,VA.MOD P:434,1184.1655 R 454.1114.a563 Book: 2678 Page: 426 FileNumber; 2004-00001386 Seq: 10 ">' Page 11 of 12 CONSENT.SUBORDINATION AND PARTIAL RELEASE AY TRUSTEES AND BENEFICIARX J. PETER RICHARDSON and AVID W. KUDRAVETZ (the "Trustees"), and FIRST COMMUNITY BANK,,INernose 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, TRUS'FEES 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 Easement") 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 i day of >».,,,a,,, ,20.4 J.Peter Richardson,Trustee for First Community Bank,Jae: Ar:r9 D id W.Kudravetz,Trustee for First Community First Community Bank,Jx►c'.11'%r' /11.21 Its: „'1t�•'rr. ! _.e�,�Y J�N:If pc.r Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 11 Pags 12 of 12 r -y/ 16:' kk4. Via /riicv COMP.48NWE*f PH-OF VIRBt'.id1A' -CITY-COUNTY OF / i der • The foregoing inslninient was acknowledged before me this Ohday of'.Jd/14!ar j 200 _by J.Peter Richardson,Trustee for First Cgmmunity Bank, er ,9. SM' ►� (WOK.SEM. • - ' 01,411 � ;Q�? NOTARY PUnLIC ' �fi�'.� 11" T ATE"avi AUL N ary Public ��III'tf � HITA LOItRAFME PAULEY �- POST OFFIC8E0%mp • Commission Expires: /0,ei&v , /.�.eLD// y r 11WZ LL1,WV Wm My mmmiel67 wplrss Ormnnr IS POI COMMONWEALTH O VIRG IA CITY/c i y OF % . The foregoing instrument was acknowledged before me this / . day ofC _, 200_,Y by David W.Kudravetz,Trustee for First Community Bank,Jae:,y,,, Notary Public My Commission Expires: /21?i/z do y COMMONWEALTH _ I "wk.' v�n � CITY/COUNTY OF LL�L1.L�,V L__ rJ /The fo oin instrtnne t was acknowled�ied before me this J/Q��day o� J` 200A by r�. Community Bank,_ n ,�,� � ;gn;ar l ex,�tA5( }r First .41r, OFFICiAL SEAL E=.. A.A ......, NOTARY PUBLIC 1��YIEEE IY+—I` J1 �. STATE OFwr-,srwHcuron • b ERIN M.CARVER Notary 1u is '^,; -c,�,.. xti,.,...aAcer. My Commission Expires: �X)I dC�13,,,' 0.ULFIk1L,.Nv 24701 My commission WKS/qrf 30,2013 RECORDED IN CLERKS OFFICE OF Jnnuy ALBEMARLE ON $0.00 GRANTOR TAX PD PM A 9 REQUIRED SY VA CODE OSS 14302 STATE:$0.00 LOCAL:$0,00 ALBEMA CO DC c't) 2 • Book: 2678 Page; 425 FileNumber: 2004-00001386 Seq: 12 `'i':Mt U S POSTAGE>>PITNEY BOwEs OFALg4, . .ti} - 8C''t a�, - tIT alrei ine "'W �it; t!: ZIP 22902 $ 000.650 \�1icrSk 0000357257 APR 18 2019 "VIA• County of Albemarle Department of Community Development ❑ Deliverable As Addressed 401 McIntire Road Unable To Forward 130yo �j A��Charlottesville, Virginia 22902-4596 ❑Insufficient Address (,�(f❑Moved,left No Addess ❑Unclaimed I-' C`a ❑NaSuctee " SMITH FARM ENTERPRISES LLC ❑No Such ❑vacar• WORLD TRADE CENTER CNaMaIPe 101 W MAIts ❑Box C;- e':- 231 AA 1 N C0004/24/19 a NORFOLK V u;`IAR,_F Try =flRWARD/PnR IPF�_VTM !ii I`Pet-�r"t"Fo- 'C@03' ❑Postage f.lie 0 awn gr: 23510169E i ' 75 -ee57-18-43 1 1111°11011"W; Htiiilii,ijtii ilip1 iliif liV