Loading...
HomeMy WebLinkAboutSP201300008 Agreements 2013-02-25 OPERATING AGREEMENT OF GREENMONT FARMS, LLC THIS OPERATING AGREEMENT, is made this 30th day of November 2007, by and between Meghan Randolph Murray and James Brady Murray, III (individually an "Initial Member" and collectively the "Initial Members"). RECITALS: WHEREAS, Greenmont Farms, R.L.L.L.P., a Virginia registered limited liability limited partnership (the "Partnership"), was originally formed as a Virginia limited partnership, pursuant to a Certificate of Limited Partnership dated December 9, 1975, as amended by the Addendum to Certificate to Limited Partnership of Greenmont Farms, L.P. dated January 1, 1996 (the "Certificate"); and WHEREAS, the Certificate was amended and restated by the filing of the Amended and Restated Certificate of Limited Partnership filed with the Virginia State Corporation Commission(the "SCC"), effective January 16, 2001; and WHEREAS, the Partnership registered with the SCC as a limited liability limited partnership by the filing of a Statement of Registration as a Virginia Registered Limited Liability Limited Partnership, effective January 16, 2001; and WHEREAS, by Amended and Restated Limited Partnership Agreement dated January 16, 2001 (the "Agreement"), the Initial Members together with James B. Murray, Jr. and Bruce Randolph Murray, agreed among themselves upon certain provisions dealing with the governance and operation of the Partnership; and WHEREAS, by First Amendment to the Agreement dated January 15, 2006, James B. Murray, Jr. was admitted as an additional General Partner, and the provisions of paragraph 12 of the Agreement were amended to permit any General Partner to act on behalf of the Partnership; and WHEREAS, by Articles of Organization for Conversion of a Domestic or Foreign Partnership or Limited Partnership to a Limited Liability Company dated October 22, 2007, (the "Articles of Conversion") filed with the State Corporation Commission on November 30, 2007, the Partnership was converted to a limited liability company pursuant to the provisions of the Virginia Limited Liability Company Act; and WHEREAS, the Initial Members wish to enter into this Operating Agreement to set forth the terms and conditions on which the management, business, and financial affairs of the Company shall be conducted, effective as of November 30, 2007. 1 AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and conditions herein contained, the receipt and sufficiency of which are hereby acknowledged,the parties do hereby covenant and agree as follows: ARTICLE I DEFINITIONS The following terms used in this Operating Agreement shall have the following meanings (unless otherwise expressly provided herein): 1.01 "Act" shall mean the Virginia Limited Liability Company Act, Va. Code Ann. § 13.1-1000 et seq., as amended and in force from time to time. 1.02 "Articles" shall mean the Articles of Organization for Conversion of a Limited Partnership to a Limited Liability Company, as amended and in force from time to time. 1.03 "Capital Account" shall mean as of any given date the amount calculated and maintained by the Company for each Member as provided in Section 6.04 hereof. 1.04 "Capital Contribution" shall mean any contribution to the capital of the Company by a Member in cash, property or services, or a binding obligation to contribute cash, property or services, whenever made. "Initial Capital Contribution" shall mean the initial contribution to the capital of the Company by a Member, as determined pursuant to Section 6.01 hereof. 1.05 "Code" shall mean the Internal Revenue Code of 1986 or corresponding provisions of subsequent superseding federal revenue laws. 1.06 "Company" shall refer to Greenmont Farms, LLC. 1.07 "Entity" shall mean any general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, cooperative or other association. 1.08 "Managers" shall mean each manager of the Company, whose rights, powers and duties are specified in Article V hereof. 1.09 "Member" shall mean each Person who is identified as a Member in Article III hereof or is subsequently admitted as a Member (either as a transferee of a Membership Interest or as an additional Member) as provided in Article VIII hereof. A Person shall cease to be a Member at such time as he or she no longer owns any Membership Interest. 2 1.10 "Membership Interest" shall mean the ownership interest of a Member in / the Company. The Membership Interests shall be shown on Exhibit B to be attached hereto. 1.11 "Operating Agreement" shall mean this Operating Agreement, as originally executed and as amended from time to time. 1.12 "Person" shall mean any natural person or Entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such Person where the context so permits. ARTICLE II PURPOSES AND POWERS OF COMPANY 2.01 Purposes. The purposes of the Company shall be: (a) Owning, managing and investing in farm property and investment real estate and any other type of business, as the Managers may from time to time deem to be in the best interests of the Company; and (b) Engage in such other activities as are related or incidental to the foregoing purposes. 2.02 Powers. The Company shall have all powers and rights of a limited liability company organized under the Act, to the extent such powers and rights are not proscribed by the Articles. ARTICLE III NAMES AND ADDRESSES OF MEMBERS; PRINCIPAL OFFICE; REGISTERED AGENT 3.01 Names and Addresses of Members. The names and addresses of the Members are as follows: James Brady Murray, III Meghan Randolph Murray c/o James B. Murray, Jr. 2010 Hessian Road 0 Court Square Charlottesville, VA 22903 Charlottesville, VA 22902 3.02 Principal Office. The principal office of the Company shall initially be located at 0 Court Square, Charlottesville, Virginia 22902. The principal office may be changed from time to time by the Manager. 3.03 Registered Agent. The registered agent for service of process on the Company shall be James B. Murray, Jr. or any successor as appointed by the Managers in accordance with the Act. The registered office of the Company in the Commonwealth of Virginia is located at 0 Court Square, Charlottesville, Virginia 22902. 3 f'I shall be effective when the requisite Members have signed the consent or consents, unless the , consent or consents specify a different effective date. faxisi ARTICLE V MANAGERS 5.01 Powers of the Managers. Except as expressly provided otherwise in the Act, the Articles, or this Operating Agreement, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be conducted by one or more Managers, any one of whom may act alone. The powers so exercised shall include but not be limited to the following: (a) Entering into, making and performing contracts, agreements and other undertakings binding the Company that may be necessary, appropriate or advisable in furtherance of the purposes of the Company. (b) Opening and maintaining bank accounts, investment accounts and other arrangements, drawing checks and other orders for the payment of money, and designating individuals with authority to sign or give instructions with respect to those accounts and arrangements. Company funds shall not be commingled with funds from other sources and shall be used solely for the business of the Company. (c) Collecting funds due to the Company. (d) Acquiring, utilizing for the Company's purposes, maintaining and disposing of any assets of the Company. (e) To the extent that funds of the Company are available therefor, paying debts and obligations of the Company. (f) Borrowing money or otherwise committing the credit of the Company for Company activities, and voluntarily prepaying or extending any such borrowings. (g) Employing from time to time persons, firms or corporations for the operation and management of various aspects of the Company's business, including, without limitation, managing agents, contractors, subcontractors, architects, engineers, laborers, suppliers, accountants and attorneys on such terms and for such compensation as the Managers shall determine, notwithstanding the fact that a Manager or any Member may have a financial interest in such firms or corporations. (h) Making elections available to the Company under the Code. (i) Obtaining general liability, property and other insurance for the Company, as the Managers deem proper. 6 (j) Taking such actions as may be directed by the Members in furtherance of their approval of any matter set forth in Section 4.02 hereof. (k) Signing and filing all tax returns that the Company is required to file. (1) Doing and performing all such things and executing, acknowledging and delivering any and all such instruments as may be in furtherance of the Company's purposes and necessary and appropriate to the conduct of its business. 5.02 Election, Etc. of Managers. (a) The Members hereby designate James B. Murray, Jr., James Brady Murray, III, and Meghan Randolph Murray as the Managers of the Company, to serve and continue in such office throughout the entire term of the Company unless sooner removed by operation of law, or by order or decree of any court of competent jurisdiction, or by voluntary resignation, or upon his/her death, incapacity, or bankruptcy. (b) In the event that any one of the Managers resigns or otherwise vacates the office of Manager, the Members may elect a replacement Manager or Managers to serve the remaining term of such office. Such replacement Manager(s) may, but shall not be required to, be elected from among the Members. A Manager may be a natural person or an Entity. 5.03 Reliance by Other Persons. Any person dealing with the Company, other than a Member, may rely on the authority of any one of the Managers then serving in taking any action in the name of the Company, if said Manager provides to such person a certificate in writing, signed by the Manager, stating that he or she is a Manager of the Company and is authorized to take such action on behalf of the Company. 5.04 Managers' Expenses and Fees. The Partnership is currently a party to a Management Agreement dated January 1, 2003 (the "Management Agreement") with James B. Murray, Jr. and Bruce R. Murray, as amended December 20, 2005. Pursuant to the provisions of the Management Agreement, James B. Murray, Jr. and Bruce R. Murray were appointed as agents to act on behalf of the Partnership. The Members hereby ratify and confirm the provisions of the Management Agreement, as amended, and the Company shall be bound by its terms. The Management Agreement may be amended from time to time upon the consent of the Members. Except as provided in said Management Agreement, the Managers shall not be compensated for services rendered on behalf of the Company in their capacity as Manager. The Company shall reimburse a Manager for reasonable out-of-pocket expenses that were or are incurred by him/her on behalf of the Company with respect to the start-up or operation of the Company, the on-going conduct of the Company's business, or the dissolution and winding up of the Company and its business. 5.05 Competition. During the existence of the Company, the Managers shall devote such time to the business of the Company as may reasonably be required to conduct its business in an efficient and profitable manner. The Managers, for their own account and for the account of 7 10.08 Severability. If any provision of this Operating Agreement or the application thereof to any Person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Operating Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 10.09 Heirs, Successors and Assigns. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Operating Agreement, their respective heirs, legal representatives, successors and assigns. 10.10 Creditors. None of the provisions of this Operating Agreement shall be for the benefit of or enforceable by any creditor of the Company. 10.11 Counterparts. This Operating Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 10.12 Entire Agreement. This Operating Agreement sets forth all of the promises, agreements, conditions and understandings between the parties respecting the subject matter hereof and supersedes all prior negotiations, conversations, discussions, correspondence, memoranda and agreements between the parties concerning such subject matter. WITNESS the following signatures and seals. MEMBERS: James Brady Murray, III Met an Randolph Murray GREENMONT FARMS, LLC, a Virginia limited liability company By: /' • �% mes . urray, Jr., Manager By: James Brady Murray, III, Manager BY���1� LLe1,arl Megha Randolph M rray, Manager 16 Instrument Control Number 0 07893 Commonwealth of Virginia Land Record Instruments Cover Sheet-Form A Il Ii lH 1i 110I l n f+l1t Doc ID: 05366750002 Recorded: 07/20/2010 atT03:58:58 PM RS VLR Cover Sheet Agent 1.0,581 Fee Amt: $10.00 Pape 1 of 2 Albemarle County VA ' Debra II. Shipp Clerk Fllep 2010-00007893 T C Date of instrument: [7/13/2010 ] A o Bx3906 PD551-552 Instrument Type: [CM ] X R E P Number of Parcels [ 1] X Number of Pages [ 1] E M City 0 County© [Albemarle County ] (Box for Deed Stamp Only) p First and Second Grantors L , Last Name � First Name I Middle Name or Initial f Suffix [GREENMONT FARMS J[ 11 ][ ] 0 0 [ II 11 I[ J First and Second Grantees Last Name I First Name I Middle Name or Initial I Suffix 0❑ [GREENMONT FARMS ]( ][ 11 1 []Ill [ J[ l[ II l Grantee Address (Name) [GREENMONT FARMS LLC ] (Address 1) [c o McCallum&Kudravetz 1 (Address 2) (250 East High Street ) (City,State,Zip) [Charlottesville ] [VA] [22902 1 Consideration[0.00 1 Existing Debt[0.00 1 Assumption Balance[0.00 1 Prior Instr.Recorded at:City 0 County�� [Albemarle County ] Percent.in this Juris. [ 100] Book (19 1 Page [404 ] Instr.No [ ] Parcel Identification No(PIN) [NA ] Tax Map Num. (If different than PIN) [NA ] Short Property Description [ 1 [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ]1 ] Instrument Prepared by [State Corporation Commission ] Recording Paid for by [McCallum&Kudravetz P C l Return Recording to (Name) [McCallum&Kudravetz P C l (Address 1) [250 East High Street J (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA][22902 ] Customer Case ID [11118.10450 J [ ][ ] r l Cover Sheet Page#1 of 1 ... Comm on t at tiff OF it ginisic .1,1 o '.0 A TAintittission ;; I 1 . A, Stafr r. I Cert j the Foflowing from the Records of the Commission: Greenmont Farms, R.L.L.L.P.,a limited partnership formed under the laws of Virginia, by conversion became Greenmont Farms,LLC,a limited liability company formed under the laws of Virginia, pursuant to a certificate of conversion issued by the Commission effective as of November 30, 2007. Nothing more is hereby certified. 1 Signed and Seafecfat Richmond on this Date: �� QoBATION O' ! Jufy 13, 2010.,,,,v., 1,0: t:'.'\ kg til 1 1 Y1 t,444 ae€A,3,,,,,, ..6 a ,k a 4r oe1.yf: Peck, Cer o the Commission �) ,, f t.... .r �o�j RECORDED IN CLERKS OFFICE OF C C Q1 ALBEMARLE COUNTY ON 'w l 9 0 3 .yea' July 20,2010 AT 3:58:58 PM �f-� o. ..•;s 9 GRANTOR TAX PD AS RED IRED BY VA CODE 1158.1-802 T 1TE:$0.00 LOC $0.00 L.•E •, OU TV,VA. CISO5O5 S , IPP ER • oc Instrument Control Number 0 15519 Commonwealth of Virginia 11111111in lill11111111111 INIIIIIIIIMIER Land Record Instruments Doc ID: 004692100010 Type: DEE Cover Sheet-Form A Recorded: 10/01/2007 at 01:09:39 PM Fee Amt: $38.00 Pape 1 of 10 Albemarle County, VA Shelby Marshall Clerk Clrcult Court (1LS VLR Cover Sheet Agent 1.0.661 File/0 2007-00015579 _ 8K3497 P.365-374 T C Date of Instrument: [9/4/2007 ] A0 Instrument Type: [DP 1 P E Number of Parcels [ 1] X Number of Pages [ 8] E M City El County e [Albemarle County ] (box for Deed Stamp Only) First and Second Grantors T _• I Last Name I First Name I- Middle Name or Initial I Suffix _X [GREENMONT FARMS ]j II. 11 ] E]❑ [COLES VALLEY LLC ][ It 11 ] First and Second Grantees Last Name I First Name Middle Name or Initial I Suffix I ®❑ [COLES VALLEY LLC ][ ][ 1[ ] G1]❑ [GREENMONT FARMS ][ ][ ][ 1 Grantee Address (Name) [Coles Valley LLC ] (Address 1) [0 Court Square ] (Address 2) [ 1 (City,State,Zip) [Charlottesville ] [VA] [22902 ] Consideration[0.00 1 Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr.Recorded at:City ❑ County [ 1 Percent,in this Juris. [ 100] Book [ ] Page [ 1 Instr.No [ ] Parcel Identification No(PIN) [11200-00-00-016F0; 11200-00-00-01600 and others ] Tax Map Num. (If different than PIN) [same 1 Short Property Description [Five parcels,near St. Rte.627 ] [ 1 Current Property Address (Address 1) [ 1 (Address 2) [ ] (City,State,Zip) [ 11 ][ ] Instrument Prepared by [McCallum&Kudravetz PC 1 Recording Pald for by [McCallum&Kudravetz PC ] Return Recording to (Name) [McCallum&Kudravetz PC 1 (Address 1) [250 East High Street ] (Address 2) [ 1 (City,State,Zip) [Charlottesville ](VA][22902 ] Customer Case ID [11118.11166 1 [ 11 ] i 111111 Ill Cover Sheet Page#1 of 1 015579 PURSUANT TO SECTION 58.1-806(A)OF THE CODE OF VIRGINIA,RECORDATION TAX ON THIS DEED IS$0.50. PREPARED BY: MCCALLUM&KUDRAVETZ,P.C. 250 EAST HIGH STREET CHARLOTTESVILLE,VA 22902 (434)293-8191 TMP:11200-00-00-016F0;11200-00-00-01600;11200-00-00-016D0; 11200-00-00-01700;and 11200-00-00-016C0 THIS DEED OF PARTITION is made this 4th day of September, 2007, by and between GREENMONT FARMS, R.L.L.L.P., a Virginia registered limited liability limited partnership ("Greenmont"), the First Grantor and the Second Grantee; and COLES VALLEY, LLC, a Virginia limited liability company ("Coles Valley"), the First Grantee and the Second Grantor. WITNESSETH: WHEREAS, Greenmont owns a seventy-five and six hundred twenty-fifth percent (75.625%)undivided interest as tenant in common in and to the property described in Exhibit A attached hereto(the"Property");and WHEREAS, Coles Valley owns the remaining twenty-four and three hundred seventy- fifth percent(24.375%)undivided interest as tenant in common in and to the Property;and WHEREAS, the parties have agreed to partition their respective and collective interests in and to the Property in order to create an equitable,division in-kind and/or by allotment as set forth herein, and as authorized pursuant to the provisions of Article 9 of the Code of Virginia (Va.Code§§ 8.01-81,et seq.) NOW THEREFORE, for and in consideration of the mutual conveyances made simultaneously herewith: 1 Greenmont does hereby GRANT, BARGAIN and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Coles Valley all of its right, title and interest in and to that certain tract or parcel of land containing 268.85 acres, more or less, more particularly described as "Parcel A" on the plat made by Roger W. Ray & Assoc., Inc., dated June 21, 2007, entitled "Rural Division Plat Parcel A, A Portion of the Property of Greenmont Farms, R.L.L.L.P., Eppes Creek, LLC, and Coles Valley, LLC Located on State Route 627, near Keene Scottsville District Albemarle County,Virginia,"(the"Plat")which Plat is attached hereto and recorded herewith;and Coles Valley does hereby GRANT, BARGAIN and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Greenmont all of its right, title and interest in and to the Property, LESS AND EXCEPT that tract of land containing 268.85 acres,more or less,shown as Parcel A on the Plat. As a result of the above conveyances, Coles Valley will own a 100% interest in and to Parcel A as shown on the Plat, and Greenmont will own a 100% interest in and to Parcels II, Revised IV and V, VIII, and IX, as described in Exhibit A and the remaining portion of Parcel III,containing 145.15 acres,more or less,shown as the"Residue"on the Plat {Remainder of page intentionally left blank) 2 WITNESS the following signatures and seals: GREENMONT FARMS,R.L.L.L.P. By: •-6 4.(4---,----- ,' (SEAL) ames B.Murray,Jr.,Ge Partner COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this a-11 v\day of September, 2007,by James B.Murray,Jr.,as General Partner of Greenmont Farms R.L.L.L.P.,on its behalf. My commission expires: 2.-'6\-1(� Notary Number: 3-1)-. 1bt a O v1... -. —l. , _)_•_. :— Notary Pu'ic COLES VALLEY,LLC By: L I A! - (SEAL) ames B.Murra ,Jr., er COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this d'1-t"day of September, 2007,by James B.Murray,Jr.,as Manager of Coles Valley,LLC,on its behalf. My commission expires: -3\-\t, Notary Number:Z.DD 1'314-3D ilikkal` _� \ - .--- Notary •ub% % . ' . E:\DATA FILES\CLIENTS\Murray Jr,James B\Coles Valley QPRT(11166)\deed of partilion.DOC 9/6/07 2:46 PM 3 EXHIBIT A Tax Map Parcel No. 11200-00-00-016F0(also known as"Parcel II") All that certain tract or parcel of land,situated in the Scottsville Magisterial District of Albemarle County,Virginia near Carter's Bridge on State Route 717,containing 307.49 acres,more or less,being a conveyance in gross and not by the acre,and being all of a tract of 349.50 acres,conveyed to Roberts Coles by Deed of the New York Life Insurance Company,dated December 23, 1939,of record in said Clerk's Office in Deed Book 245,page 174;LESS AND EXCEPT three off-conveyances of 3.007 acres conveyed by Deed of record in Deed Book 312,page 380,and 35 acres,more or less,by Deed of record in Deed book 606,page 510,and 4.0 acres conveyed by Deed of record in Deed Book 2046,page 431. BEING the same property in all respects as conveyed to Coles Valley,LLC,a Virginia limited liability company,by Deeds of record in the aforesaid Clerk's Office in Deed Book 2899,page 459 and Deed Book 3107,page 130;and BEING the same property in all respects as conveyed to Greenmont Farms,R.L.L.L.P.,a Virginia registered limited liability limited partnership,by Deed of record in the aforesaid Clerk's Office in Deed Book 3250,page 320 and by Deed of Eppes Creek,LLC recorded immediately prior hereto. Tax Map Parcel No. 11200-00-00-01600(also known as"Parcel III") All that certain tract or parcel of land,situated in the Scottsville Magisterial District of Albemarle County,Virginia,on the northwest side of State Route 627,containing 414 acres,more or less,and carried on the land books of the County of Albemarle as TM 112- 16 and more particularly described by metes and bounds in Deed Book 1575,page 88. BEING the same property in all respects as conveyed to Coles Valley,LLC,a Virginia limited liability company,by Deeds of record in the aforesaid Clerk's Office in Deed Book 2899,page 459 and Deed Book 3107,page 130;and BEING the same property in all respects as conveyed to Greenmont Farms,R.L.L.L.P.,a Virginia registered limited liability limited partnership,by Deed of record in the aforesaid Clerk's Office in Deed Book 3250,page 320 and by Deed of Eppes Creek,LLC recorded immediately prior hereto. Tax Map Parcel No. 1 1200-00-00-016D0(also known as"Revised Parcels IV and V") All that certain tract or parcel of land situated in Albemarle County,Virginia,containing 62 acres,more or less,being more particularly described as"Revised TM 112-16D"on plat by Roger W.Ray&Assoc.,Inc.dated November 8,2005,revised November 21, 2005,and recorded in the same Clerk's Office in Deed Book 3128,page 337. BEING the same property in all respects as conveyed to Coles Valley,LLC,a Virginia limited liability company,by Deeds of record in the aforesaid Clerk's Office in Deed Book 2899,page 459 and Deed Book 3107,page 130;and BEING the same property in all respects as conveyed to Greenmont Farms,R.L.L.L.P.,a Virginia registered limited liability limited partnership,by Deed of record in the aforesaid Clerk's Office in Deed Book 3250,page 320 and by Deed of Eppes Creek,LLC recorded immediately prior hereto. Tax Map Parcel No. 11200-00-00-01700(also known as"Parcel VIII") All that certain tract or parcel of land near Little Carter's Bridge containing 136 3/a`h acres, more or less, being the same land in all respects conveyed to Roberts Coles by deed of Julian D. Thomas,and wife, dated August 6, 1945, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 264, page 179 save that the easements appurtenant to said land are excluded from this conveyance. BEING the same property in all respects as conveyed to Coles Valley,LLC,a Virginia limited liability company,by Deed of record in the aforesaid Clerk's Office in Deed Book 3128,page 328;and BEING the same property in all respects as conveyed to Greenmont Farms,R.L.L.L.P.,a Virginia registered limited liability limited partnership,by Deed of record in the aforesaid Clerk's Office in Deed Book 3250,page 320 and by Deed of Eppes Creek,LLC recorded immediately prior hereto. Tax Map Parcel No. 11200-00-00-016C0(also known as"Parcel IX") All that certain tract or parcel of land near Little Carter's Bridge containing approximately 97 acres, being part of a tract of 291 acres conveyed to Roberts Coles by deed of the New York Life Insurance Company, dated December 27, 1939, recorded in the aforesaid Clerk's Office in Deed Book 245 page 174. The 97 acres hereby conveyed is bounded as follows by metes and bounds taken from a plat recorded in the aforesaid Clerk's Office in Deed Book 196 page 441: Beginning at a maple on the line between lots number 1 and 2 near Beaver Dam Creek thence S 51 '/a W 167 poles to a point in the line of Jeff M. Smith,thence with said line S 1 1/4 E 8 poles to pointers corner with Randolph, thence with said line of Randolph S 39 1/4 E 23'A poles to Spanish Oak,thence S 65'/a E 78 3/10`h poles to the line between lots number 2 and 3 on said plat, thence with said line N 38 E 190 poles to a point thence a straight line to the point or place of beginning. BEING the same property in all respects as conveyed to Coles Valley,LLC,a Virginia limited liability company,by Deed of record in the aforesaid Clerk's Office in Deed Book 3128,page 328;and BEING the same property in all respects as conveyed to Greenmont Farms,R.L.L.L.P.,a Virginia registered limited liability limited partnership,by Deed of record in the aforesaid Clerk's Office in Deed Book 3250,page 320 and by Deed of Eppes Creek,LLC recorded immediately prior hereto. "Parcels VIII and IX"are conveyed together with a non-exclusive right of way easement 20 feet wide, for the purpose of ingress and egress, appurtenant to the aforesaid two contiguous tracts of 136 3/4 and 97 acres, respectively running from the southwest corner of said 97 acre parcel with and along the southern boundary of lot number 1 on the aforesaid plat N 1 1/4 W 19 poles,N 39 3/4 W 34'1 poles,N 25 1/2 E 48 poles,N 21 1/4 E 59 poles,N 37'/4 E to route 717 also known as the Sand Ridge Road. E:\DATA FILES\CLIENTS\Murray Jr,James 13\Coles Valley QPRT(11166)\EXIIM A.doc 9/6/07 2:47 PM . '--- ,e--eol -- ,Op/L 3U9-7 ?5 - 3-7 NOTES: VICINITY MAP 708 z ta 1. OWNER(S) & ADDRESS: SCALE: 1" - 1+/- MILE •GREENMONT FARMS, R.L.L.L.P., EPPES CREEK, LLC, & COLES VALLEY, LLC J 0 COURT SQUARE, CHARLOTTESVILLE. VIRGINIA 22902 20 s 2, BOUNDARY DATA SHOWN HEREON FROM POINTS"A"TO"B-TO'C'WAS FIELD SURVEYED 627 < THIS OATE. ALL OTHER BOUNDARY DATA SHOWN HEREON WAS TAKEN FROM A SURVEY ' 717 PLAT PREPARED BY ROGER W.RAY & ASSOC..INC..DATED REVISED NOVEMBER 14.2005. =- AND WAS NOT RESURVEYED THIS DATE. 3. SHOULD AN OFFICIAL DETERMINATION OF PARCELS OF RECORD REVEAL THAT SITE ADDITIONAL PARCELS AND/OR DEVELOPMENT RIGHTS EXIST,THE INTENT OF - 708 THIS PLAT IS NOT TO COMBINE PARCELS OR EXTINGUISH DEVELOPMENT RIGHTS. =ATE.W--_ ' 4. THIS PROPERTY SUBJECT TO THE FOLLOWING: 712 stai, 527 20 A. EASEMENT TO APPALACHIAN ELECTRIC POWER COMPANY (0.8.276-300). B. 15'RIGHT-OF-WAY AS DEFINED IN 0.8.3107-119. 5. :. DENOTES APPROXIMATE LOCATION OF AREA WITHIN ZONE A 720 (100 YEAR FLOOD PLAIN)ACCORDING TO THE FEMA FLOOD INSURANCE RATE 712 MAPS.DATED FEBRUARY 4,2005(COMMUNITY PANEL 510006 0420D). PIPE FOUND T.M.112-17 COLES VALLEY.LLC EPPES CREEK LLC m GREENMONT 0.8.3250 0.8.3250-320 L L P y:)-0:0 0 0.8.3126-328 JP �P 0 0.8.194-169 PLAT \ ' i' I~ ru. `© • 0ry o h 0 NO'.° ."I S' u GQ`O '0 o m p N. • IRON 2 rn^) u �'0 0' oo cu. SET IRON 2 FENCE f o k' '°o'' • ", S p., • r v SET IRON IRON -�:G `�� �p�� m a < n 6 SET IRON.' m o° IRON SET SET 2 ;. • / .a " ROCK IRON• _ SETT" n h0 z a , p O cL. 0 . 2 r-c a .po ,W j(a m 0 TRACES OF ` 'J w ro o J$ F IL DOWN FENCE UNIMPROVED o h�e0 0 to o- // < co 4\ 2 Pp y r mJa�ve cwi o IRON 411/ .ptp' •4' r o:� - a SET = o'er/ o '' IRON. 2� , m m •o' ■ �LL mm� SET IRO Yh o da SET 0 ~=`d m m N IRON 2 0• v m •,,. lcs T94� SET .__•.IRON Z N S O SET �• k71, F 00'N STREAM PARCEL A 268.85 ACRES IRON FOUND 0 N64'11'48'W W'u°; 303.48' m N IRON N wa SET oXna STATE ROUTS 627 mr m, ,c s woo)r 1 '� o. • ; C6 C5 - . �„ mg m�1 �� n. / z a SUM,' I 1°N N ' - 0! om m- 1-Qom° I m.. in VI m al n C4 ` m J m w„, v o .. m o• y t T.M.112-ISE rn "1 Nmr o°• 1 io- C`� -- SE T.M.112-18L TRACT T.T.ACT-29F 1111.11 °Q• Cj VIRGINIA F. LAND TRUST TRACT 2 I N r N m 3 WALLACE TRUST 0.8.2133-596 MARGARET COLES ANDERSON m j .,. 0.8.883 456. 0.8.1665 28A D.6.1665-22, T.M.112-19G to mcv 458 PLAT 6 280 PLAT 28A 6 288 PLAT TRACT 3 in o w GREENMONT FARMS.R.L.L.L.P. / cvm 0.8.3240-126 0.6.1655-28A & 28B PLAT o� m, 13N311Op T TRACT 49H O D. EPPES CREEK LLC ppp 0.6.3010-637 O.B.1665-28A & 28B PLAT BEANS LINE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 140,2281 Ci 16'57'20' 537.00 158.91 80.04 158.34 546'54'12"W 6•0/-07 C2 32'35'11" 403.00 229.20 117.79 226.13 554'43'06'W Z A C3 25'36'36' 293.00 130.96 66.59 129.88 558'12'24'W __' • !, _„�v 04 8'25'56' 1908.72 280.90 140.7f 280.65 S49'37'04'H = �iJK�" C5 25.10'16' 1197.00 525.86 267.24 521.64 S41'14'54'W GL C6 7•10'30" 879.00 110.07 55.11 110.00 532•15'01"W i i)€ e..1 k 34 -1 D5 . 373 Y THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDER- HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT SIGNED OWNER, PROPRIETORS, AND TRUSTEES. ANY REFERENCE THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS i COUNTYAZONING ORDININCIVINCEFFECTTTHISNDITE WITHESEE THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED ARE TRUE AND CORRECT TO BEST OF MY KNOWLEDGE. TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE • DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. 4 • I A V` —�: 6P FOR: GREENMONT FA: S.R.L.L.L.P • .A. PROPERTY ZONED RA. / B. PARCEL A IS ASSIGNED ONE DEVELOPMENT RIGHT AND / �/�{ � ` , MAY BE FURTHER DIVIDED. WHEN DIVIDED THIS RIGHT YE l(\ N� Lc_I ALL WA. ' SHALL NOT CONSUME MORE THAN 6.2 ACRES. FOR: PPS REEK, L /FOR: COLES ALLEY/111C $ C. THE RESIDUE OF T.M,112-16 IS ASSIGNED FOUR DEVELOPMENT c. RIGHTS AND MAY BE FURTHER DIVIDED. WHEN DIVIDED THESE CITY/COUNTY F C ov AA v� jl4 tt RIGHTS MAY NOT CONSUME MORE THAN 24.8 ACRES. STATE OF ✓A 10. ACCORDING TO THE ALBEMARLE COUNTY YEAR 2000 DIGITAL THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ( ORTHOPHOTOGRAPHY,PARCEL A AND THE RESIDUE OF DAY OF AOyaf 20o/ BY • T.M.112-16,EACH CONTAIN A BUIDING SITE THAT COMPLIESA,ACS R_ AIOtAA .fi. As of i WITH SECTION 4.2.1 OF THE ALBEMARLE COUNTY ZONING ORDINANCE. FOR: GREENMONT FAR R. .L.M ''F. ACCORDING ETOYTHEAALBEMARLE COUNTY GISAWEBSITEPTHISAPPROPERTY NOTARY PUBLIC Liu.. X11417, IO• /87%7/ LIES WITHIN THE CARTERS BRIDGE AGRICULTURAL-FORESTAL DISTRICT. MY COMMISSION EXPIRES : 9.30.Z 0/0 G. THE STEAM BUFFER SHOWN HEREON SHALL BE MANAGED IN j ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION rr ''Tr i ORDINANCE. CITY/COUNT/ OFA CNAR1effESVtIIE H. SETBACK REQUIREMENTS: yr :1 FRONT- 75' (ALONG STATE ROUTE 627)SIDES- 25' THE_FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS REAR ■ 35' FS DAY OF Au39us4 20o/ BY xRA1ES PS. A1J! fir.MM r. FOR: EPPES CREEK.LLC 1 NOTARY PUBLIC LA.&L+% � ID♦ 187571 -'f . MY COMMISSION EXPIRES : U 9.30•ZO/O 1I CITY/CBUNTTp4 �'.GAl10 fsy,1JC STATE OF NG T.M.112-16F THE,FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS COLES PPES CREEK LLC t5 DAY OF PW3u4,t 20 07 BY GREENMONT FARMS,R.L.L.L.P. 7AAtC1 b. M1!!M , 1r A r/�1yr• 0.8.3250 320 FOR: COLES VALLEY,LLC 0.8.3107-130 NOTARY PUBLIC tau.. A I ID# 1 8757/ J 0.8.3010-637 CC 0,8.2899-459 MY COMMISSION EXPIRES : 9.30.2010 0.8.245-174 OESC. D.13.120-310 PLAT APPROVED FOR RECORDATION : 0.13.606-510 PLAT D.B.312-381 PLAT I� D.8.2046-431 PLAT Q-f� M, �6 /A VEl° (�/I!// 07 A A �rl/ (rf JIW�/ dA o. ;u AGENT FOR THE BOAR OF SUPERVISORS TE m a V. @, ."•o ti. :±per •� pt i t 0),y° • +3 I _�°^°IRO N O I R N SET O 'I SET IRON • _ FENCE SET - -- �"�' APPROXIMATE j �._/ LOCATION i EPPES CREEK m 3 f( APPROXIMATE LOCATION • wry '''' - '•"�,_ SOUTH FORK HARDWARE (oti STREAM T.M,112-16 BUFFER` ' ___ �A // 0 GREENMONT FARMS,R.L.L.L.P. �^ EPPES CREEK,LLC / �� et, COLES VALLEY,LLC o D.B.3250-320 p D.8.3107-130 7/".■.„...i 'i ; (SEE UNRECORDED P q' PLAT BY i ROGER W.RAY & ASSOC.,INC. ,1 1,,o DATED REVISED NOVEMBER 14,2005) / RESIDUE- 145.15+/- ACRES i i ,NO V Aa V RURAL DIVISION PLAT Aq :�yy PARCEL A Fscq*-AA A PORTION OF THE PROPERTY OF jArly,rti GREENMONT FARMS,R.L.L.L.P.,EPPES CREEK,LLC, AND COLES VALLEY,LLC • FFF T/ LOCATED ON STATE ROUTE 627, NEAR KEENE qsF �, SCOTTSVILLE DISTRICT ti ALBEMARLE COUNTY, VIRGINIA .‘� ;SCALE: 1" .. 500' DATE: JUNE 21, 2007 . NI FOR JAMES B.MURRAY.JR. • H GRAPHIC SCALE 1"-500'Nowwwwwwo ROGER W.RAY 6 ASSOC..INC. �_ no MI 1717-18 ALLIED STREET a 0 500 1000 1500 CHARLOTTESVILLE,VIRGINIA 22903 ,Z TELEPHONE: (434) 293-3195 13284D •r