HomeMy WebLinkAboutWPO200400007 Easements 2004-02-11 .'age' of ?0)
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Commonwealth of Virginia ;
Land Record Instruments ;
Cover Sheet-Form A I��I�IUI��N�N�VI�IIHNi��IN�IUNn�INII�
Ooc ID: 000838020020 TYps. DEE
[ILS VLR Cove1 Sheat Agant 1.0.88] ; Recorded; 01/23/2004 at 04;17:53 Ptt
, Fea Amt: $73.20 Paps 1 of 20
� Albemarle County VA
Daee of Instrument: [01l23l2003 ] � F111MY20046 0001363rk Clroult Court
InstrumentType: �DE ] ; BK267a PQ551-570
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Number ot Parcels j 1] �
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Number of Pages [ 18] '
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Cfty Q County� [Albemarle County � (aox tor oeed stamp onty)
Flrst and Second Orantors
Last Name __ Flrot Name � Mlddle Name or INtlal 9ufllx
[McClure J[M ][CI'�fton ][Trustee J
❑❑ [Callaghan ][Robert �[M ][Trustee ]
Fint and 3econd Grantaes
Lasf Name Flrst Nama � Middle Name or InitIAl Suttix
❑❑ [Hollymead Town Center][ ][ �� 1
❑❑ I lI lI 1[ 1
Orantee Address (Nama) jHollymead Town Center LLC �
�Addreas 1) [c/o Regancy Realty Group LL ]
(Addrcss 2) [8618 Westwood Center Drive Suite 300 ]
(cnv�sace�rPl Menna ] [�/A l [22�s2 ]
Consideratlon[0.00 ]Exicting Debtj0.00 ] Assumption Balance[0.00 ]
Prior Instr.RecoMed et:Cfty❑ County❑ [ ] Pe►cent.tn this Juris. [ 100]
Book [ ] Page [ ] Instr.No [ ]
Parcel identiticatlon No(PIN) [ �
Tax Mqp Num. (If dlHerent than PIN) [TM 32 42A 42C 44 45 51 SOA 56 50 and TM 48 5 ]
Short Property Description �Patcels �
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Current Property Address(Addreas 1) ( �
(Address 2) [ �
(city,state,zlp) [Charlottesville ][VA ][22901 J
Inswument Prepared by (Janis B.Schiff �
Recording Paid for by [Commercial TiHe �
Return Recording to (Name) [LeClalf Ryan �
(Addreasl) [123EestMslnStreet �
(Address 2) [ �
�cny,s�ace,z�r} [cnar�ottes�i�ie 1 NA][22so2 �
Customer Case ID [ � � �� �
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Cover Sheet Page#1 of 1 �
Book2678,Page:551
(Page 2 of 20) � a
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O O � �d�rmwatu easemeat
Dceumcnl prcpnrcd by: v.J�/ � ,
Janis li.Schiff,Bsyuirc
Hollnnd&Knight LLI'
2099 Pcnnsylvania Ave�mc,NW
Suitc 100
Washington,l�20006
Mnp.l2 Parccls 42A,42C,44,45,5�,SOA,5G and S0,and Tex Map 46 Parcel5
STORM WATER MANAGEMENT
DRAINAGE AND CONSTRUCTION EASEMENT
THIS STORM WATER MANAGEMENT, DRAINA�E and CONSTRUCTION
EASEMENT ("this Deed of Easement")is made as of this ��n day of January,2004 by and
between M. CLIFTON MCCLURE AND ROBERT M. CALLAGHAN, TRUSTEES OF'
THE O1VE-NINTH LAND TRUST, D. MICHAEL ATKINS AND ROBERT M.
CALLAGHAN, TRUSTEES OF THE SIXTY-FOUR 616 LAND TRUST, S-V
ASSOCIATES, a Virginia general partnership, and M. CLIFI'ON MCCLURE AND
ROBERT M. CALLAGHAN, TRUSTEES OF THE NYC LAND TRUST (hereinafter
collectively refecred to as, "Wood"), the Grantor for the purposes of indexing, and
HOLLYMEAD TOWN CENTER,LLC,a Delaware limited liability company("Hollymead"),
the Grantee for indexing parposes(together, "Wood"and"Hollymead"are collectively referred
to as the"Owners").
RECITALS:
R-1. Wood is the owner of certain real property (the "Wood Property") which is
located in the Rivanna Magisterial District of Albemarte County,Virginia,and depicted as Tax
Map 32 Parcels 42A,42C,44,45,51,50A,56 and 50,and Tax Map 46 Parcel 5,shown on two
plats of Rivanna Bngineering & Surveying, PLC, each entitled "Plat Showing Easements for
Hollymead Town Center,"dated September 15,2003, (collectively,the"Plat"),attached hereto
and made a part hereof as Exhibit"A".
R-2. Holiymead is the owner of certain adjacent real property (the "HoJlymead
P�bperty"), which property is located in the Rivanna Magisteriai District of Albemarle County,
Virginiu,and described in Bxhibit"B",attached hereto and made a part hereof.
R-3. The Owners intend to develop their respective properties under a coordinated plan
of commercial development which wili require a coordinated storm water management plan.It is
the desire and intent of Wood to grant and convey easements for the insta2lation,construction,
maintenttnce and use of storm water management facilities and BMP facilities including the right
of Hollymead to: (i) divert surface water runoff through a portion of the Wood Property, (ii)
construct s[ormwater management facilities,BMP facilities and landscaping on a portion of the
Wood Property, (iii) connect into the stormwater management facilities and BMP facilities
located on a portion of the Wood Property,and(iv)dedicate areas for wetland mitigation,all of
which as depicted on the Plat,and in accordance with[he terms of this Deed of Easement.That
portion of the Wood PropeRy thcough which (i) (ii) and (iii) shall be accomplished shall
hereinafter be referred to as the"Easement Area".
R-4. It is the further desire and intent of Wood to grant and convey to Hollymead,
for the benefit of the Holiymead Property, the right to use all the stormwater management
Book2678,Page:551
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facifities and BMP facilities located within the Easement Area, including but not limited to the
stormwater detention pond and landscaping thereof, all as required by Albemarle County in
connection with Final Site Plan approval for the Hollymead Property(collectively,the"Pond"),
other stormwater detention ponds and basins,storm drainage lines,storm sewer lines and other
water detention, quality and drainage structures, inciuding building connection lines, ditches,
culverts, underground pipes and all necessary inlet structures, manholes, landscaping and
appurtenances which are to be built on the Wood Property as depicted on the Plat and as
necessary (i) to meet requirements of the County of Albemarle, Department of Engineering&
Public Works for dedication, and (ii) to properly collect stormwater, transmit it from the
Hollymead Property through the Wood Property, detain and/or store it, protect property from
flooding, protect water quality and otherwise conuol stormwater runoff (the Pond and other
facilities enumerated above are hereinafter collecdvely refened to as the"Improvements");
R-5. It is the further desire and intent of Wood to grant convey and dedicate a
perpetual non-exclusive easement for stream protection in the area surrounding the tributary of
Powell Creek which flows along the southwestern boundary of the Wood Property, as more
puRicularly depicted on the Plat as the"Stream Easement Area"(the"Stream Easement Area"),
and to grant,convey and dedicate a portion of land located in the area identified on the Plat as
the Stream Easement Area for the purpose of wedand mitigation. The parties acknowledge that
the Pond has been designed to accommodate the storm water drainage and water detenaon for
the development contemplated in the Comprehensive Plan for Hollymead Town Center for the
area EAst of and including Ridge Road, and Nor[h of Powell's Creek and including portions of
the Hollymead Property. The pipe within the Easement Area shown on the Plat is 36—48 inches
in size.
R-6. Tho Easement Area, the Improvements, and the Stream Easement Area are,
and shall be, established for the purposes of collecting stormwater and transmitting it through
and across the Hollymead Property to the Wood Property, protecting property from flooding,
protecting water quality and otherwise controlling stormwater runoff.
WITNESSETH;
NOW THEREFORE,in consideration of the premises and TEN DOLLARS ($10.00),
cxsh in hand paid, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,Wood dces hereby GRANT and CONVEY unto Hollymead,its
successors and assigns, a perpetual non-exclusive easement in and to the Easement Area, as
described herein,for the purposes of constructing and maintaining the Improvements,including
the lAndscaping thereof.
FURTHER pursuant to such consideration,Wood does hereby GRANT and CONVEY
[o Hollymead a perpetual,non-exclusive easement for the dischazge of surface stormwater runoff
from the Hollymead Property, through, over, across and into the Improvements located within
the Easement Area, whether presently existing or to be constructed by either Wood or
Hol lymead.
FIJRTHER pursuant to such consideration,Wood does hereby GRANT and CONVEY
to Hollymeud a perpetual,non-exclusive easement to connect into the Storm Water Management
facilities and BMP facilities located on a portion of the Wood Property.
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FURTHER pursuant to such consideration, Hollymead does hereby GRANT and
CONVEY to Wood a perpetual, non-exclusive easement to connect into the storm sewer and
storm drainage lines const►ucted and instailed by Hollymead as part of the Improvements and
within the Easement Area shown on the Plat, and to utilize the same to transmit storm water
runoff from the Wood Propeny to,and to discharge into,the Pond.
FURTHER pu►suant to such consideration, Wood dces hereby declare that the Wood �
PropeiKy sh�ll be held,transferred,sold,conveyed and occupied subject to the restriction that no
buildings, structures or improvements shall be constructed within the Easement Area and the
Stream Easement Area, except such as are (i) provided for in this Deed of Easement, (ii)
permitted in accordance with the wetland mitigation plan approved for the development
contemplated by Hol(ymead (the "Mitigation Plan"), or(iii) otherwise permitted by §§ 17-320
through 17-322 of the Albemarle County Code,as amended.
This Deed of Easement shall be subject to the following:
1. Construction of Improvements. Hollymead shall construct the Improvements
within the Easement Area, including the improvements within the 20' Drainage Easement, as
shown on the Plat,and the Stream Easement Area,including all mitigation improvements to be
located theren, in accordance with the Final Site Plan for the Hollymead Property approved by
Albemarle County and shail also relocate the existing sanitary sewer line depicted on the Plat as
"Exist.Sanitary Sewer"to the new location as shown on the Plat.Wood shall,at its sole cost and
expense,construct and maintain aU storm sewer and storm drainage lines and other stormwater
faeilities on or serving the Wood Property(including the landscaping thereofj,other than those
to be constructed by Hollymead within the Easement Area,and shall be solely responsible,at its
cost and expense,for all connections into the Improvements constructed by Hollymead.
A. Ownership of Improvements. All Improvements located within the Easement
Area and the Sh�eam Easement Area whether installed by Hollymead, or others, shall be and
remain the property of Wood, its successors and assigns, unless and until such Improvements
shall be dedicated to the County.
B. RiQht of Ineress and Egress. Hollymead shall have the right and easement of
ingress and egress over the lands of Wood,its successors and assigns,to public and private roads
for the purpose of constructing, maintaining, inspecting and operating the Improvements,
including the landscaping thereof;provided however,that Hollymead's access over the lands of
Wood will not unreasonably interfere with Wood's use and enjoyment of the lands of Wood.
C. RiQht to Inspect, Maintain and Operate Improvements. Except as otherwise
expressly provided herein, Wood, its successors and assigns, may enter the Easement Area to
inspect, repuir, maintain and operate the Improvements prior to such time as it is required to
ussume the maintenance of same pursuant to Paragraph 2C below. The Improvements shall be
maintained�.s provided in Paragraph 3 herein,whether by Hollymead or Wood,as applicable.
D. Right to Disturb and Maintain the Easement Area and the Stream Easement
Area. Hollymead shall have the right [o trim, cut or remove any trees, brush or shr�bbery,
remove fences, structures or other obstructions located in the Easement Area and the Stream
Easement Area,install and maintain plantings and other landscape features and take such actions
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as are reasonably necessary to provide adequate and fully functioning Impmvements; provided,
however,that Hollymead,at its own expense,shall restore areas outside the Easement Area and
Stream Etxsement Area disturbed by Hollymead's entry. This restoration shall include the
backfilling of trenches,replacement of fences and shrubbery,reseeding or resodding of lawns or
pasture areas, and repair or replacement of structures and other facilities located outside of the
Easement Area nnd the Stream Easement Area that were damaged or destroyed by Hollymead.
Hollymead shall not, however, be required to repair or replace any structures, trees or other
facilities located within the Easement Area and the Stream Easement Area;its obligations being
limited to the repair or replacement of ground cover within the Easement Area and the Stream
Easement Area that was disturbed,damaged or removed as a result of the installation,inspection
or muintenance of any of the Improvements.Hollymead also shall use reasonable efforts to avoid
impeding Wood's grading activity on the Wood Property.In addition,Hollymead shall promptly,
upon completion of any work contemplated hereunder,remove from the Easement Area and the
Stream Easement Area,all supplies, tools,equipment, trash and other debris resulting from the
installation,maintenance or operation of an Improvement,and shall restore the surface thereof to
its original condition as nearly as reasonably possible. Notwithstanding the foregoing,
Hollymead shall not be required to repair or replace anything identified in this paragraph if to do
so would be inconsistent with the proper maintenance,operation or use of the Improvements.
E. Temporary Construction Easement. Hollymead shall have a temporary
construction easement("Temporary Conswction Easement") upon, over, under and across the
Wood Property in order to construct, install, maintain, repair, change, alter or replace the
Improvements,including the landscaping thereof. This Temporary Construction Easement shall
expire upon completion by Hollymead of the initial construction work contemplated hereunder
until further work is performed,at which time and in which event this Temporazy Construcdon
Easement shall be reinstated during the performance of such additional construction work.
F. Dama eg to Improvements. Neither Owner shall interfere with or damage the
Improvements,and neither Owner shall have any liability whatscever with respect to the failure
of the Improvements other than for matters of gross negligence or willful misconduct on the part
of either such Owner,provided however,that Wood shall be solely responsible for and shall pay
for, and indemnify and hold harmless, Hollymead against, any damage to the Improvements
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caused by,resulting from or related to Wood's connection into such Improvements.
2. Intent to Dedicate for Pub]ic Use. It is the intent of Wood and Hollymead to dedicate to
the County for public use and maintenance such portion or all of the Easement Area the Stream
Easement Area and Improvements as the County is willing to accept. Until such public
dedication is complete the parties agree as follows:
A. Wood,its successors and assigns,hereby grants pernussion to the County,its
uuthorized agents and employees,to enter upon the Wood Property to inspect the Improvements
located within the Easement Area and the Stream Easement Area and the Buffer Area whenever
the County deems necessary and appropriate. The puipose of inspection is to follow up on any
deficiencies that need to be addressed in order to achieve dedication. The County shall provide
to both Wood and Hollymead, copies of any inspection findings and a directive to commence
required maintenance or repairs,if necessary,as provided in Paragraph 3.
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B. In the event Wood and Hollymead, as applicable and in accordance with the
pinvisions of Paragraph 3 below,fail to maintain the Improvements in good working condition
acceptable [o the Co�nty, the County may enter upon the Easement Area and the Stream
Easement Area,as required,and take whatever steps necessary to correct deficiencies identified
in the inspection report and to charge the costs of such repairs to the party responsible for same
pursuant to Paragraph 2(c)below. This provision shall not be construed to allow the County to
erect any structure of a permanent nature within the Easement Area or the Stream Easement
Area.
C. Hollymead shall construct the Tmprovements and relocate the existing sanitary
sewer line as provided in Paragraph 1 above at its sole cost and expense. Tn the event a
mainten�nce schedule for the Pond(including sediment removal)is outlined on the Plat and/or
the Mitigation Plan,th�t schedule shail be followed.
Until the first building on the Wood Property opens for business to the public(which shall mean
that the first occupant or occupants thereof commence business operations therein),Hollymead
shall maintain the Pond, the Easement Area and the Stream Easement Area, and one hundred
percent (100%) of the cost of maintaining the Pond (as well as the Easement Area and the
Stream Easement Area)shall be paid by Hollymead;thereafter,Wood,its successors and assigns
shall perform a►1 of such maintenance with Hollymead reimbursing Wood as provided below.At
such time as Wood is required to assume the maintenance of the Pond,the Easement Area and
the Stream Easement.. Within thirty(30) days after receipt of a bill from Wood,from time to
time (but not more than once monthly), accompanied by invoices from vendors and/or other
reasonable evidence of expenses incurred and paid receipts evidencing payment of such
expenses, Hollymead shall reimburse Wood seventy percent (70%)of all third party costs and
expenses reasonably incurred and paid by Wood in maintaining the Pond,the Easement Area and
the Stream Mitigation Area as herein required. Should an easement for the maintenance of the
Pond,the Easement Area and/or the Stream Easement Area be dedicated to the County or to any
other state or local governmental agency,this payment arrangement shall terminate with respect
to the ureas so dedicated.
D. This Deed of Basement imposes no liability of any kind whatsoever on the
County, and Wood and Hollymead together agree to hold the County harmless, on a pro-rata
basis, from any liability in the event the Improvements fai] to operate properly until same are
dedic�ted.
E. No public agency, including the County(until such public dedication to the
County is completed),shall be responsible for maintaining or repairing the Easement Area or the
Improvements, and in no event shall this Deed of Easement be construed to impose any such
obEigation on the County.
F. In the event that Hollymead determines that Wood has failed to maintain that
portion of the Improvements for which Wood is responsible,Hollymead shall prepare or cause to
be prepared a detailed description of the work required (the"Required Work")and shall send
written notice to Wood including the Required Work description. If Wood fails to initiate the
Required Work within thirty(30)days after receipt of such written notice, or fails[hereafter to
pursue the Reyuired Work diligently to completion,Hollymead may cause the Required Work to
be performed. Upon substantial completion of the Required Work,Hollymead shall forward to
Wood written demand for payment of thirty percent{30%)of the costs incurred by Hollymead in
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_ completing the Required Work which shall be due and payable by Wood to Hollymead within
thirty(30)days after such demand.
3. Standard to which the Imnrovements shall be maintained. The party required to
maintain the Improvements as provided in Paragraph 2C above,shall do so in a manner such that
they are in good working condition and are able to perform their design functions,as determined
by the County. The term"to maintain"or any derivarion of that verb shall include maintaining,
repairing,replacing,reconstructing,changing,altering and correcting the Improvements.
A. Periodic scheduled maintenance. The Improvements shall be maintained
according to a maintenance schedule included with the stormwater managemend BMP facilities
plan approved by the County.
B. Periodic inspections and reyuired maintenance. Beginning when Wood is
required to assume the maintenance of the Improvements, the Easement Area, the Buffer Area
and the Wetlands Mitigation Area and continuing until they are dedicated to the County,Wood
shall cause the Improvements to be inspected at least once per year to assure they are in good
working condition and able to perform their design functions. A report from each inspection
shall be submitted by the inspector to Wood, Hollymead and the County within the time
specified by the County. The County may also inspect the Improvements when deemed
necessary. If either Wood's inspector,Hollymead or the County inspector determines that any
Improvement needs maintenance, then it shall be maintained within: (i) thirty (30) days of
receipt of Wood's or the County inspector's report; (ii) within the period specified by the
County; or (iii) according to a maintenance schedule established by Wood's inspector and
approved by the County.
4. Maintenance of Buffer Area. The Buffer Area shall be maintained in accordance
with the Mitigution Plan.
5. Notices.All invoices and notices required hereunder shall be mailed to the
appropriate party as required hereunder by certified mail, postage prepaid, return receipt
requested, or by recognized courier service such as Federal Express (FedEx) or United Parcel
� Service(UPS),with delivery accepted,to the address reflected below,or at such other address as
such party m�y designate,in writing,to the other party:
If to Wood:
D.Michael A[kins and Robert M.Callaghan,Trustees of the Sixty-Four 616 Land
Trust,and M.Clifton McClure and Robert M.Callaghan,Trustees of the NYC
Land Trust
Attention:Wendell Wood
Post Office Box 1333
Charlottesville,Virginia 22902
If to Hollymead:
Hollymead Town Center,LLC
c/o Regency Realty Group,LLC
Attention:Taylor Chess
8618 Westwood Center Drive-Suite 300
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Vienna,Virginia 22182
6. Recordation. This Deed of Easement shall be recorded at the C]erk's Office of the
Circuit Court for Albemarle County, Virginia and shall constitute a covenant running with the
land to ihe extent hereinafter provided. Except as otherwise expressly provided in this Section,
this Deed of Easement shall be binding upon Wood and Hollymead and their respective
administrators, executors, assigns, heirs and other successors in interest incl�ding any owners'
association. Notwithstanding the foregoing, during the period in which Hol]ymead shail 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 Deed of Easement for either the performance by Hollymead of the
maintenAnce and construction obligations hereunder or the payment by Ho3lymead of any sums
due hereunder (together, the "Ho]lymead Obligations"); instead, Wood hereby agrees that,
during the period in which Hollymead shall retain title to at least ten(10)acres of the Hollymead
Property,Wood shall look solely[o Hotlymead 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 Wood shall retain title to at least ten(10)acres of the Wood
Property, the grantee or other transferee (and its successors and assigns)of any conveyance or
other tr�tnsfer of the Wood Property shall not be liable under ihis Deed of Easement for either the
performance by Wood of the maintenance and construction obtigations hereunder or the payment
by Wood of any sums due hereunder (together, the "Wood Obligations"); instead, Hollymead
hereby agrees that,during the period in which Wood shall retain title to at least ten(10)acres of
the Wood Property,Hollymead shall look solely to Wood for the payment and performance of
the Wood Obligations and not to any grantee or other transferee of any portion of the Wood
Property.
Without limiting the generality of the foregoing,if a portion of the Hol]ymead Property
shall hereafter be conveyed to Target Corporation("TargeY')and such portion so conveyed shall
not exceed twelve (12) acres, and shall not be the Hollymead Triggering Transfer, as herein
defined,Target and its successors and assigns shall have no liability under this Deed of Easement
for payment oc performance of the Hollymead Obligations; Wood 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 Sec[ion), excluding the portion [hereof conveyed to
Target,for payment and performance of the Hollymead Obligations. Upon the occucrence of a
sale or other transfer by Holiymead of all or a portion of the Hollymead Property, after which
sule or other transfer the residu0 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 I-Iollymead Obligations thereafter shall be binding upon,and run with,ownership
of the portion or portions of the Hollymead Property so transferred or conveyed pursuant to such
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 sale or other transfer by Wood of all or a portion of the Wood
Property,after which sale or other transfer the residue of such Wood Property retained by Wood
shall be less than ten(10)acres(the"Wood Triggering Transfer"),liability for the performance
and payment of the Wood Obligations thereafter shall be binding upon,and run with,the portion
or portions of the Wood Property so transferred or conveyed pursuant to such Wood Triggering
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Transfer as well as ownership of any portion or portions of the Wood Property then retained by
Wood.
7. Attorne,�es. In the event of a default hereunder by either party,the defaulting
party shall pay all reasonable attorney's fees and costs incurred by the other party in enforcing
the terms of this Deed of Easement.
8. Time of the Essence. Time is of the essence for this Deed of Easement and for
each term,condition and covenant herein and for every schedule attached hereto.
9. Successors and Assiens. Subject to the pmvisions of Paragraph 6, the terms and
provisions of this Deed of Easement 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. Upon any transfer or
conveyance of all or a portion of the Hollymead Property or the Wood Property,the gantor or
other transferring party shall be automatically re3eased from all further liability and obligations
under this Deed of Easement with respect or relating to the property so transferred or conveyed;
provided however that nothing herein shall affect the easements created herein as running with
all of the land. Any obligations contained herein shall be conswed 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.
10. Modification, This Deed of Easement 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 Deed of Easement.
11. Severabilitv. If any pmvision of this Deed of Easement 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 Deed of Easement,as circumstances require,and this Deed of
Easement 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.
12. Estoppel CeRificates. Within fifteen (15) days after written request by any
party hereto,the other party(ies) shall furnish to said requesting party and/or any mortgagee or
purchnser of sAid requesting party an estoppel certifcate stating that(i}this Deed of Easement 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)no default exists by the requesting party
under this Deed of Easement(or if a default so exists,stadng the nature of such default)and(iii)
other matters conceming the status of this Deed of Easement or the obligations of the parties
hereunder as shall be reasonably requested.
13. Counterparts. This Deed of Easement 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.
14. Mutters of Record. The rights granted herein are subject to a11 matters of record
in the chain of tide of the respective parcels.
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15. Private Rights. Subject to Paragraph 2 hereof, the Easement Area, the Buffer
Area, the Improvements and the Wetlands Mitigarion Area are private and shall be maintained
by Hollymead and Wood as provided herein.Nothing contained herein shall be construed as,or
deemed to create any rights for the benefit of the general public in the Improvements, the
Easement Area,the Buffer Area,the Wetlands Mitigation Area or any other area located on the
Wood Property or the Hollymead Property.
16. Default Remedies. In the event of any default or breach of this Deed of Easement,
the non-defaulting pany(ies)shall have and hereby retain ali rights and remedies available at law
or in equity to enforce this Deed of Easement and/or to recover damages on account of or
resulting from such default or breach, and mention in this Deed of Easement of any particular
remedy (such as, without limitation, self-help) shall not preclude the non-defaulting party(ies)
from pursuing any and all other rights and remedies available at law or in equity; it being
expressly intended and agreed that no remedies shall be sole and exclusive and that all remedies
shall be cumulative. Without limiting the generality of the foregoing, the non-defaulting
party(ies)shall have,and is hereby granted,the right of injunctive relief to enjoin any breach or
violation, or threatened breach or violation, of this Deed of Easement and the right to bring an
action for specific performance to enforce this Deed of Easement and performance of the parties
hereunder In the event of any default or breach of this Deed of Easement, the non-defaulting
party(ies) shall have and hereby retain all rights and remedies available at law or in equity to
enforoe this Deed of Easement and/or to recover damages on account of or resuiting from such
default or breach, and mention in this Deed of Easement of any particular remedy (such as,
without limitation,self-help)shap not preclude the non-defaulting party(ies)from pursuing any
and all other rights and remedies available at law or in equity;it being expressly intended and
agreed that no remedies shall be sole and exclusive and that all remedies shall be cumulative.
Without]imiting the generality of the foregoing,the non-defaulting party(ies)shall have,and is
hereby granted, the right of injunctive relief to enjoin any breach or violation, or threatened
breach or violution, of this Deed of Easement and the right to bring an action for specific
performance to enforce this Deed of Easement and performance of the parties hereunder.
17. Choice of Laws. This Deed of Easement shall be governed by and construed
according to the laws of the Commonwealth of Virginia.
18. Further Easements. The parties hereto agree to make modifications to this Deed of
Easement as may be required by the County in connection with, or as a condition of, public
dedication or acceptance of any of the Improvements, and/or to execute such further or other
easements for dedication and acceptance of the Improvements as may be required by the County.
(SIGNATURE PAGES FOLLOW.j
9
Book:2678,Page:551
(Page 11,of 20)
� �
WITNESS the following signatures and seals, wlrich may be executed in two or more
counterparts.
M. CLIFTON MCCLURE AND ROBERT M.
CALLAGHAN,TRUSTEES OF T'HE
ONE-I�TINTH LAND TRUST
BY: � L r„t�tc
M.Clifto McClure,Trus e
B ' l'J6 ��
M.Callaghan,T ee
M.CLIFTON MCCLURE AND ROBERT M.
CALLAGHAN,TRUSTEES OF T�NYC LAND
TRUST
By: 7',t,�c�,.,,
M.Clifton Clure,Trustee
B • ��
rt M.Callaghan,T stee
D.MICHAEL ATKINS AND ROBERT M.
CALLAGHAN,TRUSTEES OF Tf�SIXTY-
FOUR 616 LAND TRUST
By: �iun..�
D.Michael Atkins, rustee
.�� �N� �-�
bert M.Callaghan, rustee
S-V ASSOCIATES,a Virginia general partnership
By:�
Its� r.�_i!
10
Book:2678,Page:551
(Page 12 of 20) .
� � ^•
HOLLYMEAD TOWN CENTER,LLC,a
Delaware limited liability company
By:Regency Realty Group,Inc.
A Florida corparation
Its Manager
By: �
Its: �1�,�os ,..�s,.� �
COMMONWEALTH OF VIR�C�INIA�
CITY/G'9�d-�Y OF��.,/�y'/l'CSdi//G
The foregoing instrument was acknowledged before me this�`�day of�
20�by M. CLIFTON MCCLURE, TRUSTEE OF THE ONE-NINTH LAND TRUST and of
the YC LAND TRUST.
Notary Public
My Commission Expires: ,3a�j�4-�
COMMONWEALTH OF VIRG IA
CITY/�(5'QRTY OF f��[ �v���
Tt}e foregoing instrument was acknowledged before me this�`�da of�(�g��4i TI
Y
aao�Ky ROBERT M. CALLAGHAN,TRUSTEE OF TI�ONE-MNTH LAND TRUST,
SIXTY-FOUR 616 LAND TRUST and THE NYC L TRUST.
Notary Public
My Commission Expires:�3l> �D�
CONIMONWEALTH OF VIRG�(I/�
CITY/�AHid�'Y OF�ji7`fesdi
The foregoing instrumant was acknowledged before me this�day of��,•
ZO�by D.MICHAEL ATKINS,TRUSTEE OF SIXTY-FOUR 616 Lt1ND TRUS��
Notary Public
My Commission Expires: 3G?-D��'
11
Book:2678,Page:551
(Page 13.of 20)
� J �
CO1�IlvI0NWEALTH OF VIRG IA
CITY/C6�RQTY OF G�ta,�� G1✓,��
The foregoing instrume it was acknowledged before me this �`Pday of
2Q'X�by � 3 UrGf �✓25i�,e�r}" o egency Realty
Group,Inc.,a lorida corporation,the Manager of HOLLYMEAD TOW'-IV CE R,LLC.
Notary Public �
My Commission Expires:
COMMONWEAT..TH OF VIR IM,�
CIT'Y/G�AHid�fY OP Li/�i.✓ 3�i//G
The foregoing instrument was ac owledged before me this `�day of��.�,
20Q�1 by L�i�e// Gv.�U�� of S-V
ASSOCIATES,a Virginia general partnership.
No Public
My Commission Expires: 36 ��
12
Book:2678,Page:551
(Page 14 of 20) .
� � F•
Exhibit A
Plat Showin¢Wood Propertv
14
Book2678,Page:551
(Page 15�of 20)
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Book2678,Page:551
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Book:2678,Page:551
(Page 17�of 20)
� �
Exhfbit B
Plat or Le�al Description Showing,Hollymead Propertv
Lot C:ALL that certxin lot,piece or parcel of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 3.61 acres,more or less,and depicted as
Lot C on plat of Rivanna Engineering&Surveying,PLC dated March 7,2003 and Iast revised
December 18, 2003, of record in the Clerk's O�ce for the Circuit Court of the County of
Albemarle,Vitginia,in Deed Book 2672,page 732;
Lot D:ALL that certain lot,piece or parcel of]and situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 8.38 acres,more or less,and depicted as
Lot D on plat of Rivanna Engineering&Surveying,PLC dated March 7,2003 and last revised
December 18, 2003, of record in the Clerk's Office for the Circuit Court of the County of
Albemarle,Virginia,in Deed Book 2672,page 732;
Lot E:ALL that certain(ot,piece or parceJ of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 2.68 acres,more or less,and depicted as
Lot E on plat of Rivanna Engineering&Surveying,PLC dated March 7,2003 and last revised
December 18, 2003, of record in the Clerk's Office for the Circuit Court of the County of
Afbemarle,Virginia,in Deed Book 2672,page 732;
Lot F:AL.L that certain lot,piece or parcel of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 5.16 acres,more or less,and depicted as Lot
F on plat of Rivanna Engineering & Surveying, PL.0 dated March 7, 2003 and last revised
December 18, 2003, of record in the Clerk's Office for the Circuit Court of the County of
Albemarle,Virginia,in Deed Book 2b72,page 732;
Irot G:ALL that certain]ot,piece or parcel of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 5.15 acres,more or less,and depicted as
Lot G on plat of Rivanna Engineering&Surveying,PLC dated March 7,2003 and last revised
December 18,2003,of record in the Clerk's Office for the Circuit Court of the County of
Albemarle,Virginia,in Deed Book 2672,page 732.
15
Book:2678,Page:551
(Page 18 of 20)
r�
� � '�
CONSENT,SUBORDINATTON AND PARTIAL RELEASE
BY TRUSTEES AND BENEFICIARY
BUTTON,YEAMAN&ASSOCIATES,P.C.(the"Trustees"),and SECOND BANK
&TRUST,whose address is T'.O. Box 72, 102 S. Main Street, Culpeper, Virginia 22701 (the
'Beneficiaty"), are, respectively, the trustees and beneficiary under that certain Deed of Trust
from M.Clifton McClure and Robert M.Cailaghan,Trustees for the MMS LAND TRUST u/a
dated February 23, 1988; M. Clifton McClure and Robert M. Callaghan, Trustees for the GLF
LAND TRUST u/a dated February 24, 1987; M. Clifton McClure and Robert M. Callaghan,
Trustees of the NYC LAND TRUST u/a dated May 4, 1986;D.Michael Atkins and Robert M.
Callaghan, Trustees for the SIXTY-FOUR-616 LAND TRUST u/a dated July 2, 1987; and
RIVER HEIGHTS ASSOCIATES LIMITED PARTNERSHIP;which Deed of Tntst is dated
July 10, 2003, and recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia at Deed Book 2513,page 385(the"Deed of TrusY�.
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
Storm Water Management,Drainage and Construction Easement("Deed of EasemenY') 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 Easement Area, as defined in the Deed of
Easement.
IN WITNESS WHEREOF, the Trustees and Bene6ciary 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 z3 day of January,2004,
which instrument may be exacuted in two or more counterparts. �
BUTTON,YEAMAN&ASSOCIATES,P.C.
By: as H. Hiltan
Its: Secretary
SECOND BANK&TRUST
By: �
ic�: �.�i.�.�://�
Book2678,Page:551
(Page 19 of 20)
.�
f
J �
COMMONWEALTH OF VIRGIMA
CITY/COUNTY OF C�1���
The foregoing instrument was acknowledged before me this 23 day of Januai.y ,
200 4 by �� H. HILTdN S�TAxx for Button, Yeaman &
Associates,P.C.,Trustee for Second Bank&Trust.
�
No Public
My Commission Expires: 3-31-06
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ��hp.�,,..0�
The forogoing instrument was aclmowledged before me this�fd day of�u�,_,
200t�by bLN f-ib�2 N� , 1/<t�c., P.�.s:.wl�- for Second Bank&Trust.
,f��ew.4. �Qo�r
N tary buP�
My Commission Expires: )0-31-�+-f
RECORD ALBEMARLE ONFFICE OF
J��y��2pp4 AT 4:17:53 PM
sp,00 ORANTOR TAX P�
AS REnUIRED BY VA CODE ASB.l-802
SqLgEMA��E COUN7�'V�
DC
Book:2678,Page:551
(Page 20 of 20)
� � , • � ti.
��
�
Book:2678,Page:551
,
', " 4
Documen!Prepamd M"• O O + �''nwata wsemeut
Janls 6.Schiff,8syuirc
Ho14nd.Q Knfght LLP
20�M I4epneylvaniA Avenuc,NW
Suitc 100
Waahing�on,l�20006
Map 32 ParccLt 42A,42C,44,45,S I,SOA,36 end S0,and Tax Map 46 ParcN 5
STORM WATER MANAGEMENT
DRAINAGE AND CON�TRUCTION EASEMENT
THIS STORM WATER MANAGEMENT, DRAINA�E and CONSTRUCTION
EASEMENT("this Deed of EasemenY')is made as of this Z 3" day of January,2004 by and
between M. CLIFTON MCCLURE AND ROBERT M. CALLAGHAN, TRUSTEES OF
THE O1VE-NINTH LAND TRUST, D. MICHAEL ATKINS AND ROBERT M.
CA,LLAGHAN, TRUSTEES OF THE SIXTY-FOUR 616 LAND TRUST, S-V
ASSOCIATES, a Virginia general partnership, and M. CLIFI'ON MCCLURE AND
ROBERT M. CALLAGHAN, TRUSTEFS OF THE NYC LAND TRUST (hereinafter
collectively refecred to as, "Wood"), the Grantor for the purposes of indexing, and
HOLLYMEAD TOWN CENTER,LLC,a Delaware limited liability company("Hollymead"),
the Grsantee for indexing purposes(together,"Wood"and"Hollymead"are collectively referred
to as the"Owners").
RECITALS:
R-1. Wood is the owner of certain real property (the "Wood Property") which is
located in the Rivanna Magisterial District of Albemarle County,Virginia,and depicted as Tax
Map 32 Parcels 42A,42C,44,45,51,SOA,56 and 50,and Tax Map 46 Parce]5,shown on two
plats of Rivenna Engineering & Surveying, PLC, each entitled "Plat Showing Easements for
Hollymead Town Center,"dated Septembec 15,2003,(collectively,the"Pla["),attached hereto
�nd made a part hereof as xhibit"A".
�2. Hollymead is the owner of certain adjacent real property (the "Hollymead
Property"), which property is located in the Rivanna Magisteriai District of Albemarle County,
Virginiu,and described in Exhibit"B",attached hereto and made a part hereof.
R-3. The Owners intend to develop their respective properties under a coordinated plan
of commercial development which wili require a coordinated storm water management ptan.Tt is
the desire and intent of Wood to grant and convey casements for the installation,construction,
maintenance and uae of storm water management facilities and BMP facilities inclucling the right
of Hollymead to: (i) divert surface water runoff through a portion of the Wood Property, (ii)
construct atormwater m�nagement facilities,BMP faciliNes and landscaping on a portion of the
Wood Property, (iii) connect into the stormwater management facilities and BMP facilities
located on a portion of the Wood Property,and(iv)dedicate areas for wedand mitigation,all of
which as depicted on the Ptat,and in accordance with the terms of this Deed of Easement.That
portion of the Wood Property through which (i) (ii) and (iii) shall be accomplished shall
hereinafter be referred to as the"Easement Area".
R-4. It is the further desire and intent of Wood to grant and convey to Hollymead,
for the benefit of the Hollymead Property, the right to use all the stormwater management
Book:2678,Page:551
facilities and BMP facilities tocated within the Easement Area,including but not limited to the
stormwater detention pond and landscaping thereof, all as required by Albemarle County in
connection with Final Site Plan approval for the Hollymead Property(collectively,the"Pond"),
other stormwater detention ponds and basins,storm drainage lines,atorm sewer lines and other
water detention, quality and drainage structures, including buitding connection lines, ditches,
culverts, underground pipes and all necessary inlet structures, manholes, landscaping and
appurtenances which are to be built on the Wood Property as depicted on the Plat and as
necessary (i) to meet requirements of the County of Albemarle, Department of Engineering&
Public Worka for dedicadon, and (ii) to properly collxt stormwater, uansmit it from the
Hollymead Property through the Wood Proporty, detain and/or store it, protect property from
flooding, protect water quality and otherwise control stormwaur runoff (the Pond and other
facilities enumerated above are hereinafter collectively referred to as the"Improvements");
R-5. It is the further desire and intent of Wood to grant convey and dedicate a
perpetual non-exclusive easement for strearn protection in the area surrounding the tributary of
Poweil Creek which flows along the southwestern boundary of the Wood Property, as mora
particulArly depicted on the Plat as the"Smam Easement Area"(the"Smeam Easement Area"),
and to grant,convey and dedicate a portion of land located in the area identified on the Plat as
the Stream Easement Area for the purpose of wetland mitigation. The parties acknowledge that
the Pond has been designed to accommodatc the storm water drainage and water detention for
the development contemplatcd in the Cornprehensive Plan for Hollymead Town Center for the
area East of and including Ridge Road,and North of Powell's Creek and including portions of
the Hotlymead Property. The pipe within the Easement Area shown on the Plat is 36—48 inches
in size.
R-6. The Easement Area, the Improvements, and the Stream Easement Area are,
and shall be, established for the purposes of collecting stormwater and tranamitting it through
and across the Hollymead Property to the Wood Property, protecting property from flooding,
protecdng water quality and otherwise controlling stormwater runoff.
WITNESSETH:
NOW THEREFORE,in consideration of the premises and TEN DOLLARS($10.00),
cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,Wood does hereby GRANT and CONVEY unto Hollymead,its
successors and ossigns, a perpetual non-exclusive easement in and to the Easement Area, as
described herein,for the purposes of construcdng and maintaining the Improvements,including
the landscaping thereof.
FURTHER pursuant to such consideration,Wood dces hereby GRANT and CONVEY
to Hollymead a perpetual,non-exclusive easemtnt for the discharBe of surface stormwater runoff
from the Hollymead Property, through, over, across and into the Improvements located within
the Fssement t1rea, whether presently exisdng or to be constructed by either Wood or
Hollymead.
FIJRTHER pursuant to such consideration,Wood does hereby GRANT and CONVEY
to Hollymead a perpetual,non-exclusive easement to connect into the Storm Water Management
fAciliNes and BMP facilitiea located on a portion of the Wood Property.
2
Book:2678,Page:551
(Page�4 of 20)
� �
FURTHER pursuant to such consideration, Hollymead dces hereby GRANT and
CONVEY to Wood a perpetual, non-exclusive easement to connect into the storm sewer and
storm drainage lines conatructed and installed by Hollymead as part of the Impmvements and
within the Easement Area shown on the Plat, and to utilize the same to transmit storm water
runoff from the Wood Property to,and to discharge into,the Pond
FURTHER pursuant to such consideration,Wood does hereby declare that the Wood
Property shall be held,transfernd,sold,conveyed and occupied subject to the restriction that no
buildings, structures or improvements shall be conshucted within the Easement Area and the
Stream Easement Area, except such as are (i) provided for in this Deed of Easement, (ii)
permitted in accordAnce with the wetland midgation plan approved for the development
contemplated by fIollymead(the "Mitigadon Plan'�, or(iii)otherwise permitted by§§ 17-320
through 17-322 of the Albemarle County Code,as amended.
This Deed of F.asement shali be subject to the following:
1. Construction of Imnrovements. Hollymead shall construct the Improvements
within the E�sement Area, including the improvements within the 20' Drainage Easement, as
shown on the Plat,and the Stream Easement Area,including all mitigation improvements to be
located theron, in accordance with the�nal Site Plan for the Hollytnead Property approved by
Albemarle County and shall aiso relocau the existing sanitary sewer line depicted on the Ptat as
"Exist.Sanitary Sewe�"to the new Iceation as shown on the Plat.Wood shall,at its sole cost and
expense,construct and maintuin all storm sewer and storm drainage lines and other stormwater
facilities on or serving the Wood Property(including the landscaping thereofj,other than those
to be constructed by Hollymead within the Easement Area,and shall be solely responsible,at its
cost and expense,for al{connections into the Improvements consttucted by Hollymead.
A. Ownership of Improvements. All lmprovements located within the Easement
Area and the Stream Easement Area whether installed by Hollymead, or others, shall be and
romain the property of Wood, its successors and assigns, unless and until such Impmvements
shall be dedicated to the County.
B. RiRht of In¢ness and Ee�ross. Hollymead shall have the right and easement of
ingress and egress over the lands of Wood,its successors and assigns,to public and private ivads
for the purpose of constructing, maintaining, inspecting and operating the Impmvements,
including the landscaping thereof;provided however,that Hollymead's access over the lands of
Wood will not unreasonably interfere with Wood's use and enjoyment of the lands of Wood.
C. Rig t to Inspect Maintain and Operate Improvements. Except as otherwise
expressly provided herein, Wood, its successors and assigns, may enter the Eascment Area to
inspect, repair, maintain and operate the Improvements prior to such time as it is required to
asaume the maintenance of same pursuant to Paragraph 2C below. The Improvements shall be
maintained as provided in Paragraph 3 herein,whether by Holiymead or Wood,as applicable.
D. Ri¢ht to Disturb and Maintain the Easement Area and the Stream Easement
Area. Hollymead shall have the right to trim, cut or remove any treea, brush or shrubbery,
remove fences, structures or other obstructions located in ihe Easement Area and the Stream
Easement Area,install and maintain plantings and other landscape features and take such actions
3
Book:2678,Page:551
, ,/ a
as are reasonably necessary to provide adequate and fully functioning Improvements;provided,
however,that Hollymead,at its own expense,shall resiore areas outside the Fasement Area and
Stream Easement Area disturbed by Hollymead's entry. This restaration shall include the
backfiUing of trenches,replacement of fences and shrubbery,reseeding or resodding of lawns or
pasture areas,and repair or teplacement of structures and other facilities located outside of the
Easement Areu and the Stream Easement Area that were damaged or destroyed by Hollymead.
Hollymead shall not, however, be �yuired to repair or reptace any structures, trees or other
facilities located within the Easement Aroa and the Stream Easement Area;its obligations being
limited to the tspuir or replacement of ground cover within the Easement Area and the St�am
Easement Aroa that was disturbed,damaged or removed as a result of the installation,inspection
or maintenance of any of the Improvements.Holtymead also shall usa reasonable efforts to avoid
impeding Wood's grading activity on the Wood Property.Tn addidon,Hollymead shall promptly,
upon completion of any work contemplated hereunder,remove from the Easement Area and the
Stream Easement Area,all supplies,tools,cquipment,trash and other debris resuldng from the
installation,maintenance or operation of an Improvement,and shall restore the surface thereof to
its original condition as nearly as reasonably possible. Notwithstanding the foregoing,
Nollymead shall not be required to repair or replace anything idendfied in this paragraph if to do
so would be inconsistent with the proper maintenance,operation or use of the Improvementa.
E. Temporary Construction Fasement. Hollymead shall have a temporary
construction easement{'"femporary Construcdon Easement") upon, over, under and across the
Wood Propody in order to conatruct, install, maintain, repair, change, alter or rsplace the
Improvements,including the landscaping thereof. This Temporary Construction Easement shall
expire upon completion by Hollymead of the initial construction work contemplated hereunder
until further work is perfonned,at which time and in which event this Temporary Construcdon
Easement shatl be retnstated during the perfomtance of such additional consiruction work.
F. Damage to Imnrovements. Neither Owner shall inttrfere with or damage the
Improvements,and neither Owner shaU have any liability whatscever with respect to the failure
of the Improvements other than for matters of gross negligence or willful misconduct on the part
of either such Owner,provided however,that Wood shall be solely responsible for and shall pay
for, and indemnify and hold harmless, Hol(ymead against, any damage to the Improvementa
caused by,resulNng from or related W Wood's connection into such Improvementa.
2. Intent to4edicate for Public Use. It is the intent of Wood and Hollymead to dedicate to
the County for public use and maintenance such poition or all of the Easement Area the Stream
Easement Area and Improvements as the County is willing to accept. Undl such public
dedication is complete the parties agree as followa:
A. Wood,ita successors and assigns,hereby grants permission to the County,its
t►uthorized agents and empioyees,to enter upon the Wood Property to inspect the Improvements
loc�ted within the Easement Area and the Stream Easement Area and the Buffer Area whenever
the County dcems necessary and appropriate. The purpose of inspection ia to follow up on any
deficiencies that need to be addrossed in order to achieve dedication. The County shall provide
to both Wood and Hollymead, copies of any inspection findings and a directive to commence
required maintenance or repairs,if necessary,as provided in Paragtaph 3.
4
Book:2678,Page:551
(Page'6 of 20)
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B. In the event Wood and Hollymead,as applicable and in accordance with the
provisions of Paragraph 3 below,fail to maintain the Improvements in good working condition
acceptsble to the County, the County may enter upon the Easement Area and the Stream
Easement Area,as required and take whatever steps necessary to correct deficiencies identified
in the inspection report and to charge the costs of such repairs to the party r�sponsible for same
pursuant to Paragraph 2(c)below. This provision shall not be construed to allow the County to
erect nny structure of a permanent nature within the Easement Area or the Stream Easement
Area.
C. Hollymead shalt construct the Improvements and relocate the exisdng sanitary
sewer line as provided in Paragraph 1 above at its sole cost and expense. In the event a
maintenance schedule for the Pond(including sediment removal)is outlined on the Plat and/or
the Mitigation Plan,that schedule shall be followed.
Unti!the first building on the Wood Properiy opens for business to the public(which shall mean
that the first occupant or occupants thereof commence business operadons therein),Hollymead
shall maintain the Pond, the Easement Area and the Stream Easement Area, and one hundred
percent (1009fo) of the cost of maintaining the Pond (as well as the Easement Area and the
Stream Easement Area)ahall be paid by Tiollymead;thereafter,Wood,its successors and assigns
shall perForm aU of such maintenance with Hollymead reimbursing Wood as provided below.At
such time as Wood is requircd to assume the maintenance of the Pond,the Easement Area and
the Stream Easement.. Within thirty(30)days after re�eipt of a bill from Wood,fmm time to
time (but not more than once monthly), accompanied by invoices from vendors and/or other
reasonable evidence of ezpensea incurred and paid receipts evidencing payment of such
expenses, Hollymead shall reimburse Wood seventy percent(70%)of all third party costs and
expenses reasonably incurred and paid by Wood in maintaining t4�e Pond,the Easement Area and
the Stream Mitigation Area as heiein requind. Should an easement for the maintenance of the
Pond,the Easement Arta and/or the Stream Easement Area be dedicated to the County or to any
other state or locai governmental agency,this payment arrangement shall terminate with respect
to the areas so dedicated.
D. This Deed of Easement imposes no liability of any kind whatsoever on the
County, n�d Wood and Hollymead togethu agree to hold the County harmless, on a pro-rata
basis, from any liability in the event the Improvements fail to operate properly until same are
dedicnted.
E. No public agency, including the County(until such public dedication to the
County is compieted),shall be responsible for maintaining or repairing the Easement Area or the
Improvements, and in no event shall this Deed of Easement be conswed to impose any such
obligation on the County.
F. In the event that Hollymead detemunes that Wood has failed to maintain that
portion of the Improvements for which Wood is responsible,Hollymead shall prepare or cause to
be prepared a detailed description of the work required(the"Required Work")and ahall send
written notice to Wood including the Required Work descripdon. If Wood fails to inidate the
Required Work within thirty(30)days after receipt of such written notice,or fails thereafter to
pursue the Required Work diligently to completion,Hollymead may cause the Required Work to
be performed. Upon substantial completion of the Required Work,Hollymead shall forward to
Wood written demand for payment of thirty percent(30°6)of the costs incurned by Hollymead in
5
Book:2678,Page:55
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completing the Required Work which shall be due and payable by Wood to Hollymead within
thirty(30)days after such demund.
3. Standard to which the Imnrovements shall be maintained. The party required to
maintain the Improvements as provided in Paragraph 2C above,shall do so in a manner such that
they are in good working condition and ane eble to perform their design functions,as determined
by the County. The term"to maintain"or any derivarion of that verb shall include maintaining,
repairing,replacing,ceconshucNng,changing,altering and correcting the Improvements.
A. Periodic scheduled maintenance. The Improvements shall be maintained
according to a maintenance schedule included with the stormwater msnagemend BMP facilides
plan approved by the County.
B. Periodic in�pecdons and rwuired maintenance. Beginning when Wood is
required to assume the maintenance of the Improve�nts,the Easement Area,the Buffer Area
and the Wettands Mitigation Area snd condnuing untit they are dedicated to the County,Wood
shall cause the Improvements to be inspected at least once per year w assure they are in good
working condition and able to perform their design functions. A itport from each inspecdon
shall be submittcd by the inspector to Wood, Hollymead and the County within the dme
specified by the County. The County may also inspect the Improvements when deemed
necessary. If either Wood's inspector,Ho(lymead or the County inspector determines that any
Improvement needa maintcnance, then it shall be maintained within: (i) thirty (30) days of
receipt of Wood's or the County inspector's report; (ii) within the period specified by the
County; or (iii) according to a maintenance schedule eatablished by Wood's inspector and
approved by the County.
4. Maintenance of Buffer Area. The Buffer Area shall be maintained in accordance
with the Mitigation Plan.
5. ices.All invoices and norices nquired het+eunder shall be mailed to the
appropriate party as required hec+eunder by certified mait. postage prepaid, return receipt
requested, or by recognized courier service such as Federal Express (FedEx) or United Psrcel
Service(IJPS),with delivery accepted,to the address reflected below,or at such other address av
such party may designate,in writing,to the other party:
If to Wood:
D.Michael Atkins and Robert M.Cal(aghan,Trusteea of the Sixty-Four 616 Land
Trust,and M.Clifton McClure and Robert M Callaghan,Trustees of the NYC
Land Tcust
Attendon:Wendell Wood
Poat Off'ice Box 1333
Charlottesville,Virginia 22902
If to Hollymead:
Hollymead Town Center,r.r r
c%Regency Realty Group,i.r r
Attention:Taytor Chess
8618 Westwood Center Drive-Suite 300
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Book:2678,Page:551
(Page 8 of 20)
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Vienna,Virginia 22182
6. Recordation. This Deed of Easement shall be recorded at the Clerk's Office of the
Circuit Court for Albemarle County, Virginia and shall constitute a covenant mm�ing with the
land to ihe extent hereinafter provide�. Except as otherwise expressly provided in this Section,
this Deed of Easement shall be binding upon Wood 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 W 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 Dced of Easement for either the performance by Hollymead of the
maintenance and construction obligationa hereunder or the payment by Hollymead of any sums
due hereunder (together, the "Hollymead Obligations"); instead, Wood hereby agrees that,
• during the period in which Hol1ymead shall retain dtle to at least ten(10)acres of the Hollymead
Property,Wood shall look solely to Hollymead for payment and performance of the Hollymead
Obligations and not to any other grantee or transferee o#the Hollymead Property.
During the period in which Wood shalf cetain title to at least ten(10)acres of the Wood
Property, the grantee or other transferee (and its successors and assigns)of any conveyance or
other transfer of the Wood Property shall not be liable under this Deed of Easement for either the
performance by Wood of the maintenance and conswedon obligadons hereunder or the payment
by Wood of any sums due hereunder (together, the "Wood Obligations"); instead, Hollymead
hereby agmes that,during the period in which Wood shall retain title to at least ten(10)acres of
the Wood Property,Holl.ymead shall look solely to Wood for the payment and performance of
the Wood Obligations and not to any grantee or other transferee of any portion of the Wood
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
de�ned,Target and its successors and assigns shali have no liability under this Deed of Easement
for payment or performance of the Hollymead Obligations; Wood hereby agreeing that it shall
look solely to Hollymead and any successor owner of the remainder of the Hollymead Propeny
(subjeet to the foregoing provisions of this Section),excluding the portion thereof conveyed to
Target,for payment and perFormance of the Hollymead Obligations. Upon the occurrence of a
sale or other transfer by Hollymead of all or a poRion of the Hollymead Property, after which
sale or other transfer the residue of such Nollymead 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 be binding upon,and run with,owne�ship
of the portion or portions of the Hollymead Property so transferred or conveyed pursuant to such
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 sale or other transfer by Wood of ail or a portion of the Wood
Property,after which sale or other transfer the residue of such Wood Property retained by Wood
shall be less than ten(10)acres(the"Wood Triggering Transfer"),liability for the performance
and payment of the Wood Obligadons thereafter shall be binding upon,and run with,the porrion
or portions of the Wood Property so transfecred or conveyed pursuant to sueh Wood Triggering
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Book:2678,Page:551
' �J
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Transfer as well as ownership of any portion or portions of the Wood Property then retained by
wood.
7. A�torneys'Fees. In the event of a default hereunder by either party,the defaulting
party shall pay all reasonable attorney's fees and costs incurred by the other party in enforcing
the terms of this Deed of Easement,
8. Ti f the Essence. Time is of the essence for this Decd of Easement and for
�ach term,condition and covenant herein and for every schedule attached hereto.
9. Successors and Assiens. Subject to the provisions of Paragi�aph 6, the terms and
provisions of this Dced of Easement 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
partiea hereto and any person claiming by, through or under them. Upon any transfer or
conveyance of ail or a portion of the Hollymead Property or the Wood Property,the grantor or
other transferring party shall be automatically released from all further liability and obligations
under this Deed of Easement with respect or relating to the property so transfernd or conveyed;
provided however that nothing herein ahall affect the easements created herein as mm�ing with
all of the land. Any obligations contained hetein shall be construed as covenants and not as
conditions, and a violation of any said covenants shall not result in a forfeituro or reversion of
title to the easements herein granted.
10. Modification. This Deed of Easement shall not be amended, modified ar
terminated and no waiver of any provision hereof shall be effecdve unless set forth in a written
instrument executed with the same formality as this I?eed of Easement.
11. Severability. If any p�+ovision of this Deed of Easement shail be unenforceable
in whole or in part, such provision ahall be limited to the extent necessary to rendtr the same
valid,or shall be excised from this Dced of Easement,as ci�+cumstances ceyuire,and this Deed of
Easement shall be construed as if such provision had been incorporated herein as so(imited or as
if such provision had not been included herein,es the case may be.
12. F�toppel Certificates. Within fifteen (15) days after written request by any
party heroW, the other party(ies)shall furnish to said requesdng party and/or any mortgagee or
pu�haser of said roquesting party an estoppel certificate stating that(i)this Deed of F.asement ia
in full force and effect and has not been modified or amended(or,if so modified or amended,
apecifying any such modi�cations or amendments),(ii)no default exists by the requesting party
under this Deed of Easement(or if a default so exists,stating the nature of such default)and(iii)
other matters concerning the statns of this De�d of F.asement or the obligations of the parties
hereunder as shall be reasonably requested.
13. Counterparts. This Dced of Easement may bc executed in two or more
counterparts, each of which shall consdtute an original and all of which taken together shall
constitute a fully executed instrument.
14. MAtters of Record. The rights granted herein are subject to all matters of record
in the chain of title of thc rospecdve parcels.
8
Book:2678,Page:551
(Page 1a of 20) �
. '�.
. � �
15. Private Rights. Subjtct to Paragraph 2 hereof, the Easement Area, the Buffec
Area, the Improvements and the Wetlands Mitigation Area are private and shall be maintained
by Hollymead and Wood as provided herein.Nothing contained herein shall be construed as,or
deemed to create any rights for the benefit of the generai public in the Improvements, the
Easement Area,the Buffer Area,the Wetlands Mitigation Area or any other area lceated on the
Wood Property or the Hollymead Property.
t6. Default Remedies. In the event of any default or breach of this Deed of Easement,
the non-defaulting party(ies)shall have and hereby retain ali rights and remedies available at law
or in equity to enforce this l�eed of Easement and/or to recover damages on account of or
resulting from such default or bre�h, and mention in this Deed of Easement of any particular
remedy (such as, without limitation, self-help) shall not preclude the non-defaulting party(ies)
from pursuing any and all other rights and temedies available at law or in equity; it being
expressiy intended and agreed that no remedies sha(1 be sole and exclusive and that all remedies
shall be cumulative. Without limiting the generality of the foregoing, the non-defaulting
party(ies)shall have,and is hereby granted,the right of injunctive relief to enjoin any breach or
violation,or threatened breach or violation,of this Deed of Easement and the right to bring an
action for specific perfarmance to enforoe this Deed of Easement and performance of the parties
hereunder In the event of any default or breach of this Deed of Easement, the non-defaulting
party(ies) shall have and heoeby retain all rights and remedies available at law or in equity to
enforce this Deed of Easement and/or to recover damages on account of or resulting from such
defuult or breach, and mention in this Deed of Easement of any particular remedy (such as,
without limitution,self-help)shaq not preclude the non-defaulting pacty(ies)from pursuing any
and all other rights and remedies available at 1aw or in equity;it being expressly intended and
agreed that no remedies shall be sole and exclusive and that all remedies shall be cumulative.
Without limiting the generality of the foregoing,the non-defaulting party(ies)shall have,and is
hereby grunted, the right of injunctive relief to enjoin any breach or violation, or threatened
breuch or violAHon, of this Deed of Easement and the right to bring an action for specific
performance to enforce this Deed of Easement and performance of the parties hereunder.
17. �,hoice of Laws. This Deed of Easement shall be governed by and construed
according to the laws of the Commonwealth of Virginia.
18. Further Easements. The parties hereto agree to make modifications to this Deed of
Easement as may be required by the County in connection with, or as a condidon of, public
dedication or acceptance of any of the Improvements, and/or to execute such further or other
easements for dedicution and acceptance of the Tmprovements as may be required by the County.
[SIGNATURE PAGES FOLLOW.]
9
Book:2678,Page:551
• ,J)
Y r
WITNESS the following signatures and seals, wlrich may be executed in two or more
counterparts.
M. CLIFTON MCCLURE AND ROBERT M.
CALLAGHAN,TRUSTEES OF THE
ONE-NIlVTH LAND TRUST
By: t '��y�
M.Clifto McChue,Trus e
B • yJ1 "�-.._
.Callaghan,T ee
M.CLIFTON MCCLURE ANU ROBERT M.
CALLAGHAN,TRUSTEES OP THE NyC LAND
TRUST
B3Y N/t .�tL[� 7'X�t�..
M,Clifton Clurq Truatee r
B • �
M.Callaghan,T stee
D.MICHAII,ATKINS AND ROBERT M.
CALLAGHAN,TRUSTEES OF Tf�SIX'I"Y-
FOUR 616 LAND T1tUST
By: n,c,,,�.
D.Michael Atkipa, rustce
� �ic.��—
ert M.Callashan, rustee
S-V ASSOCIATES,a vrginia general partnership
By:�
Its:___�_/
10
Book:2678,Page:551
(Page 12 of 20) �� _
�
. � �
HOLLYIVIEAD TOWN CENTER,LLC,a
Delaware limited liability company
By:Regency Realty Crroup,Inc.
A Florida corporation
Its Manager
By: �
Ita: �l.,,.�os��
COMMONWEALTH OF VIFt ��
CITY/GAF3�3`fY OF l.lc../�csd�0�
The foregoing instrument was acknowledged before me tttis�`�day of�Z-"`"a..�-,
20�by M. CLIFTON MCCLURE, TRUSTEE OF THE ON�MNTH LAND TRUST and of
the fdYC LAND TRUST.
Notary Public
My commission Expirea: 3a�Zd��
COMMONWEALTH OF VIRG IA
CITY/C�'QRTY OF r��/ .eJ D���
�T�}�e foregoing instcument was acknowledged before me this��day of���,
20��!'iy ROBERT M. CALLAGHAN,TRUSTEB OF TF�ONE-MNTH LAND TRUST,'IT�
SI :�CY-FOUR 616 LAND TRUST and THE NYC L TRUST.
Notary blic
My Commission Expires:�C 3� T��
COMMONWEALTH OF VIItG�tIA/�
CITY/69�Y OF��✓�!`�ss'i
The foregoing instnunent was acknowledged before me this�day o
20�by D.MICHAEL ATKINS,TRU5TEE OF 7 SIXTY-FOUR 616 LAND TRUST.
Notary Public
My Commission Expires: ����
11
Book:2678,Page:551
. L��
� !
CO1�IIvIONWEALTH OF VIRG��A
CITY/CAHi�fTY OF G�i.a,�,�7YtJ✓���
The foregoing instrum t was acknowledged before me this ,�3''Pday of
2Q�bY ���✓' � �¢ � egency R ty
Gronp,Inc.,a lorida corporation,the Manager ofHOLLYME TOWN C LLC.
Notary Public '
My Coaunission Expires:
COMMONWEAT..TH OF VIIIt�IM�y
CTTY/GAE3�fY OF G�,/�e+ijj'G
The foregoing instcumem was owledged before me this�`lday of��,
20Qs� by L�// Lv�l.l>'�5� of S-V
ASSOCIATES,a V rginia geaeral partnership. —
No Public
My Commission Expires: 36 ��
12
Book:2678,Page:551
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Book:2678,Page:551
', 10)
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Exh[ [ B
Plat or Le�al Description Showing Hollymead Pronertv
Lot C:ALL that certain lot,piece or parcel of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,contsrining 3.61 acres,more or less,and depicted as
Lot C on plat of Rivanna Engineering&Surveying,PLC dated March 7,2003 and Iast revised
December 18, 2003, of record in the Clerk's O�ce for the Ci�uit Court of the County of
Albemarle,Virginia,in Deed Book 2672,page 732;
Lot D:ALL that certain lot,piece or pancel of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 8.38 acres,more or less,and depicted as
Lot D on plat of Rivanna Engineering&Survcyina,PI.0 dated March 7,2003 and last revised
Dectmber 18. 2003, of record in the Clerk's Office for the Circuit Court of the County of
Albemarle,Virginia,in Deed Book 2672,page 732;
Lot E:ALL that certain lot,piece ar pa�el of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 2.68 acres,more or less,and depicted as
Lot E on plat of Rivanna Engineering&Surveying,PLC daied March 7,2003 and tast revised
December 18, 2003, of record in the Clerk's Office for the Circuit Court of the County of
Atbemarle,Virginia,in Deed Book 2672,page 732;
.ot P:ALL that certain loi,piece or parcel of land situate,lying and being in Albemarle County,
Virginia,on the west side of U.S.Route 29,containing 5.16 acres,more or lesa,and depicted as Lot
F on plat of Rivanna Engineering & Surveying, PLC daud MatCh 7, 20p3 and last revised
December 18, 2003, of i+ecord in the Clerk's Office for the Circuit Coort of the County of
Albem�trie,Virginix,in Deed Book 2672,page 732;
�t G:ALL that certain lot,piece or parcel of land situate,lying and being in Albemarle County,
Virgini�,on the west side of U.S.Route 29,containing 5.15 acres,more or(ess,and depicted as
Lot C3 on plat of Rivanna Engineering&Surveying,PLC dated March 7,2003 and last rovised
December 18,2003,of record in the C1erk's Office for the Circuit Court of the County of
Albemarle,Virginia,in Deed Book 2672,page 732.
15
Book:2678,Page:551
(Page 1 E of 20) '�
� � � ,
CONSENT,SUBORDINAI'YO1V AND PARTIAL RELEASE
BY TRUSTEES AND BENEFICIARY
. BUTTON,YEAMAN&ASSOCIATE3,P.G(the"Trustees"),and SECOND BANK
&TRUST,whose address is P.O.Box 71, 102 S. Main Street, Culpeper,Virginia 22701 (the
"Beneficiary"), are, respectively, the trustees and beneficiary under that certain Deed of Trust
from M.Clifton McClure and Robext M.Callaghan,Trustees for the MMS LAND TRUST u/a
dated February 23, 1988;M. Clifton McClure and Robert M. Cailaghan,Tmstees for the GLF
LAND TRUST u/a dated February 24, 1987; M. Clifton McClure and Robert M. Catlaghan,
Trustees of the NYC LAND TRU5T u/a dated May 4, 1986;D.Michael Atkins and Robert M.
Cailaghan, Trustees for the 3IXTY-FOUR-616 LAND TRUST u/a dated July 2, 1987; and
RIVER AEIGHTS ASSOCIATES LIMITED PARTNERSHIP;which Deed of Trust is dated
July 10, 2003, and recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia at Deed Book 2513,page 385(the"Deed of Tivst'�.
In consideration of the premises and the intent of the parties to be legally bound, the
aforesaid taustees and beneficiary do hereby JOIN IN,RATIF'Y and CONFIRM the foregoing
Storm Water Management,Drainage and Construction Easement("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 &om the lien of their Deed of Trust the Easeznent Area, as defined in the Deed of
Easanent.
IN WITNESS WHEREOF, the Trusteas and Beneficiary have cach executed this
Consent, Subordination and Partial Releasa by Tivstees and Beneficiary or caused it to be
executed on its behalf by their duly authorized representatives, this z3 day of January,2004,
which instrument may be executed in two or more counterparts. �
BUTTON,YEAMAN&ASSOCIATES,P.C.
� i �
By: H. Hilton
Its: Secretary
SECOND BANK&TRUST
By:
Its: �,u .v�✓
Book:2678,Page:551
, �� to�
� Y
t T
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF cznP��t
The foregoi�nsUument was aclrnowledged before me this 23 day of JanuaiY
2004 by H• HIL� , �� for Button, Yeaman &
Associates,P.C.,Trustce for Second Bank&Trust.
Notat Public sy�
My Commission Expires: 3-31-06
COMMQNWEALTH OF VIRGINIA
CITY/COUNTY OF�,(hR,ti,�,.o�
The forogoing instrum�t was aclmowledged before ma this�f day of an
20At�t,by 1'�EN hblt n� , vfze, P��:.,1s�e- for Second Bank&Trns.
N�-�.G������
My Commission Expirea: 10-31-D�.f
RECORDED IN CLERK9 OFFICE OF
ALBENIARLE ON
�yvy�,�AT 4:17:53 PM
'p.pp ORpWTOR TAX PD
AS RE�UiRED BN VA COOE Id8•1-�
STA7E:�.00 LOCAI:l�,00
�g� g pOUNTY VA
C
Book:2678,Page:551
(Page t t�f 20)
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,
M,����,N,�a, ; 0 0 ! 3 9 3 �
,
,
;
Commonwealth of Virginia ;
Land Record Instruments ;
Cover Sheet-Form A � I�������,���'�r��
� Doo ID' OiY�2oM10 TVN: D�E
(IL8 VI.I2 Cowr 8hNt Ap�nt 7A.i8j ; N�oordid: 61/28/2N4 at B4:3T:6a PM
, F�� Aot• {79.20 �y�p� 1 of 2i
� �y��rs�h�ll�Clirk Ciroult Cou�t
Dat�of Instrumsnt: [01l23/2003 ] � p11�,r 2�t-ee6ots�a
InstrumentTypa: (DE , ; �2678Pa551-570
,
Number ot P�rcals ( 1] �
i
Number of Pap�s [ 18� '
�-----------------------------------------
Cky Q CouMy� [Albamade County ] �807�O'��'"'p��
flrst and Second Orantors
Lut N�ne Fhtt Nan� � Mk�N�rne or Mltal Su111�t
[McClure ][M ][CIM6on ]�Trustee ]
❑❑ �Callaphan )[Robert ][M ](Trustee ]
int and Sa�wnd(�ant�
Lat Nun� Flnt Nam� � Mid�N+Kne or q�Ipd 8urtlx
❑❑ (Hollymead Town Centerj[ ][ �� j
❑❑ [ lI II lI I
Orentae Address (Nam�) [Hollymead Tov+m Center LLC �
�nddnss t) (c/o Repency Realty Group LL �
�nddnss s) [8818 Wealwood Centar Drlve SuRs 300 ]
I�Kv,e�a at►) [Vlenna l [�A l [22182 ]
ConsideraHon[0.00 ��w.a�a o�c(o.00 ] Assum�tion Balance(0.00 �
Prlor In�tr.ReooM�d�t:Clty❑ County❑ [ ] PeraeM.tn thls Juris. [ 100]
800k [ � PaOe [ ] Instr.No [ ]
Parca)IdeMlHcatbh No(PIN) [ �
7ax Map Num. (ir d�rtar«it e�n PIN� [TM 32 42A 42C 44 45 51 5QA 56 50 and TM 46 5 ]
Short PropKty Desariptbn [Parcels �
CurraM Prop�rty Addross(Addras 1) ( �
�
��� � �
(Cky,8tat�,Zlp) ICharlottesvill� l[VA I[22901 )
Instrument Prcparod by (Janfs B.Schlff �
Recording Pald for by [Commerdal Title �
Retum Recordinp to (Name) (LeCla(r Ryan �
(Addross 1) [123 East Main Street �
(Addns�� [ �
�cnr,s�.,nPy �cnerloaesvp�a 1 NA 1 t�� 1
Cuitomer Ca�e ID ( ] [ , �� �
r-----—-'-'---"'-'--------------
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Cover ShaK Pape�11 ot 1 �
Book2678,Page:551