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HomeMy WebLinkAboutWPO200400007 Easements 2004-02-11 .'age' of ?0) �P i tiA/ � Inytrument Control Number � 0 0 ! 3 9 3 � � � , ; 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 � Number ot Parcels j 1] � � Number of Pages [ 18] ' `-------------—-------------------------- 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 � I ) 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 [ � � �� � r___'___'___"_"""___"___"__'__'____' i i � �y � � i i i i ' t � � } r 1 Cover Sheet Page#1 of 1 � Book2678,Page:551 (Page 2 of 20) � a , ,. � � 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 (Page 3 ai ?0? • � � 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. 2 Book:2678,Page:551 (Page 4 of 20) • � � t . 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 3 Book:2678,Page:551 (Page 5 o'f?�} • � � 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 � 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. 4 Book:2678,Page:551 (Page 6 of 20) , � � . 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 5 Book:2678,Page:551 (Page 7 of 20} ,. � � _ 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 6 Book2678,Page:551 (Page 8 of 20) � � .. 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 7 I � Book:2678,Page:551 I (Page 9 af 20) , ' � � 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. 8 Book:2678,Page:551 (Page 10 of 20) � � � ' ., 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) .Ai► `�/ t��� �_��� be� ��� o� � co ��� � � � r � �,+'' �pv�e r � � o : q� $ � � � ��� � � ��E q ,�4 � N �� b �i +` q' �F yj°�� o � G`'���� � i �k � 'a N� � � j � � g�p � " i � � ��it� �� � i � I ��b� �u rr ti� �. i 1 ��� .[FKe" - - ���`1 ��� �J �* F � '� �.: �_��� �IIT,�pp�M 'd '.j� p % $ at' 'CI TIIIMIY Cf �,`%� {�� :'. ,��_ ` :..y...�_: ,��...���, "'`' >. ` � � � � �i /:•I` �,`. l ` � � �y ^'< 1r���Sis--.b�i M �. / �\ 1 S.. .,.. � r-i .---"t�. _ ' ��\. '`_,�'_�..-+r-��-Y1' . � . � "_,MISC�.7.AGS1 tl�i � � r p \ .: , �� ��f��°a ��\�� 8 �� ��� � ��� +C'P � ���\` ��� �n .�'I � `��� £:y � >��•.i� ----'`""�� �. ; � r ' R ` "�'..- � ��,�.,'�s 4 S � _ '-'��s � �: � , � ,� •-�'L[L_h1 "St'M � � � .�,\ /'���yyy,',,,� •�tYl�l " �,f[�' \��� ' � I�' �'3�� " \\ y I � �\��:�:-_:��R: ♦ j L�� � r�I E �� �`�`�� iiy �'�;�`:- � ; _ _; jlj � ��� , P 8 N � �j��� �� N � ��j � ����; � � m 47 i,, a���4 x seg�� ��_e,� � x�r �� I�I � ����a�i ���� � �� ���� jl �� ;�+ y`��1 u �p �FY a f� �'� _� 'I� ��� ��s ������ � �j: ��� �� � � i'E � s�a , u �, . g_�, s s � � ��8 � � -- � J� x � � � �� � :� ��`• ar $ll J \ �' � �tli��YI9o!nd �� ����������A�� ��—� v '�y�yG Yt1Nl7M1101 � ----���•���'�' '� � �� ���'��'��� �, �� S$ p y�,� � _��� ,�ti` ��p �\ � � �� �w �° ���� �I \ � �i I ii i ; ��� �� �I I ' I Book2678,Page:551 (Page 16 of 20) � , � � � � a�� p�� . . bb� � �� ��� ����� g,, "g �t�•'2 b � � 6�� `�`g�y�¢ 'Y� e � b� � ~�w � � ��" � ��z� i .-----. $ � irAo C04�• 8 $}^� e ��'J � ?.;� �1 � �.�`� ���� � �� � �� Y'�� � _!.� i ��A ~ y�[ � � � ♦ i"i� ti` A�/ �'!:/+ ����! +..� \/ ''��'% ' � � j ,� i � / �_ �1� Ci \\ \1 YN /��\ \ ,�*g�N \ \\ v � .`�e �� \\� ' \ * B�IR � ��\\` �\ � . � ��\`` �� � g�a� _ — � \\„�\ `:�1� ����� �� `:�� �� �� � ��� . �s� \;\` ' � _ ,�' —�.� `\ %�\� \� �� �/ � � � �� /��` \ a" 7 y `�� � g���� f _/� �: M1 7 �... '� � '� ' ����� � �.� � - �, , � ��.� , N ``,� '� �, ��� g = �g:� ^�� ��� Y G 'ms$��� ��..G p, ��\\�`` e �'2� � g� �$�� � ������ ��\ ` \ ��� � ������� �, .��� :l� 1h��w � �� 1 � . , . ,��: , � ; a , � � . �\` . ,, �\ , � � §���� ��! � �� , N �_��� �' � ,,-_ �. � ; '�iy i i �. 7t .. ��+ �•��' � � I� � � ���/'�''�' +(r� �� �" � ~``` ��•,''�•%���''' `� `�� � _� ����'�. _J—' '—`�..'��'`�_ ���' ``\�\` \,�1 '• �, � �_�������_, �-- � 1 y ' I � �1 � ```j I j ' �s'gk `I� \`�� �� � i j ��i�' `� �� ��rxq � � I � � � 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) � � 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 ' i t . 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 6 Book:2678,Page:551 (Page 8 of 20) '' , � Y � 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 7 Book:2678,Page:551 ' �J ' r � ` 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 ', LO) i � � �� ����/'� ��� �� �� � �, "„�o �� � �� �� e, �� ., ,� � c • � �� � ��� ~ , � ,� n � � � ��'�,•`' �a ���`�� �� i �� r� � �� . , s.'``,:�.y r::.;:;:<;i.;::`i:`� � "�,3 p��� � G:.,;...` d`;:�`'j � ! ��� i:�:::`;.>�r... <:''�� � � . ... —_ _ �.:.. .,.,_,. ,:f'1 vl _i.'s,'•;:::..�::� :-.� �i^.-'�►a!?_.:.; ��.' �'i � A�,: ��.:I '* � ,,i "�'�taeq� `•i y� ..i �'ti�ri� '":'.'.' � "s �R +G i� � f .. _.,......�. �.,;i��: ...:.'��:. ... � :. .�.r'V::'::` � � 1( ' `� �f . if .��..':`.:�� . �::y. �:'.l.:.j;.,...•'`�..:�:':.�, ,1 .,.,:�,:,.,. :{.,`::'.:'.:.. .y,{ , :.<::.:5_". ..; .� �� e `1� .���. ..�'���,��,J�.��. 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I � I �� �'+� �����' i �� i�� �''`'/,'- ( i ��'I�� ♦ '� µ' � "'�� �i����•�� „�' \\�\ _ f���.�M���_ J� \ ��, ► �/' \� \ — _ ��..�.�^" / �` �` �—_----�,--- ---�'~____ � ��, ��i s � � y ` $1 `��1 r � �=RB� ` `�� ; 1 � \ �'1 � 1 � ���&� �`\ `\ L � � Book:2678,Page:551 ', 10) � � 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) .<��--� � � � , 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-----—-'-'---"'-'-------------- � --'---" i i � i � i Cover ShaK Pape�11 ot 1 � Book2678,Page:551