HomeMy WebLinkAboutSDP202100073 Agreements 2023-02-13 (2)202200008022 PG 001
Recorded bv:
Fidelity National Title Ins. Company
1620 L Street. NW, 4th Floor
Waslungton, DC 20036
DC2000670-JL - 2 of 3
RECIPROCAL EASEMENT AGREEMENT
(Route 29 and Greenbrier Drive, Charlottesville, VA)
THIS RECIPROCAL EASEMENT AGREEMENT (Route 29 and Greenbrier Drive,
Charlottesville, VA) (this "Agreement") is made on June 29, 2022, by CHARLOTTESVILLE
GREENBRIER, LLC, a Delaware limited liability company ("CG Developer"), and OHI
ASSET (VA) CHARLOTTESVILLE —1165 PEPSI PLACE, LLC, a Delaware limited liability
company (the "OHI"). CG Developer and OHI, and their respective successors and assigns, are
sometimes each referred to as a "Party" and collectively as the "Parties".
RECITALS
A. CG Developer is the fee simple owner of that certain real property located in
Albemarle County, Virginia described on Exhibit A attached hereto and made a part hereof (the
"CG Developer Property"). CG Developer is currently in the process of developing the CG
Developer Property into a Wawa convenience store with appurtenant improvements ("Wawa
Project").
B. OHI is the fee simple owner of that certain real property located in Albemarle
County, Virginia and described on Exhibit B attached hereto and made a part hereof (the " Rehab
Center Property"), which Rehab Center Property is located adjacent to, and northeast of, the CG
Developer Property and consists of a skilled nursing and rehabilitation center known as 'The
Laurels of Charlottesville ("The Laurels"). The CG Developer Property and the Rehab Center
Property are sometimes each referred to as a "Property" and collectively as the "Properties".
C. In order to develop the Wawa Project, CO Developer requires certain easement
rights over portions of the Rehab Center Property for access, landscaping and site improvements.
D. OHI requires certain easement rights over a portion of the CG Developer Property
for a parking lot, sidewalk and stairway, and access rights to support The Laurels.
E. CG Developer and OHI herein wish to establish the foregoing easements, rights
and agreements and set forth the terms upon which such are being granted.
AGREEMENT:
NOW, THEREFORE, in consideration of Ten Dollars (V0.00), the mutual agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, CG Developer and OHI, on behalf of themselves, their successors and
assigns, and intending to be legally bound, hereby agree and declare as follows:
. Recitals. The recitals set forth above are hereby incorporated in this Agreement as
substantive provisions hereof.
2. Easements and Grants for the benefit of Wawa Project.
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A. Access Easement. OHI hereby establishes, declares, grants and conveys a
perpetual, non-exclusive easement and right -of -passage, on, over and across that portion
of the Rehab Center Property legally described and depicted on attached hereto at Exhibit
C as "Wawa Access Easement Area" (the "Wawa Access Easement Area"), for the
bencflt of CG Developer, its successors and assigns, for the sole purpose of (i) constructing,
maintaining, repairing and replacing the Access Road (as hereinafter defined) in
accordance with this Agreement, and (ii) for the use by the tenants, occupants, guests,
customers, invitees, employees and owners of the CG Developer Parcel and the Wawa
Project as an access road for vehicular and pedestrian access to the CG Property and Wawa
Project (the foregoing easement being referred to as the "Wawa Access Easement"),
subject to the terms and conditions set forth in this Agreement. No building, structures or
improvements of any kind shall be constructed within the Wawa Access Easement Area,
except for an access road for vehicular and pedestrian ingress and egress and an appurtenant
improvements, including, but not limited to, sidewalks and pathways, an asphalt or other
roadway, signage, landscaping, underground utilities and conduit, storm water drainage
facilities, lighting and other related features and facilities (collectively, the "Access
Road"). CG Developer shall have the non-exclusive full use of the Wawa Access
Easement solely for the purposes set forth in this Agreement, subject to the terms and
conditions herein. Notwithstanding anything to the contrary contained herein, all
improvements located on the Wawa Access Easement Area shall be deemed the property
of CG Developer (and its successors and assigns). For the avoidance of doubt and without
limiting OHI's rights to the Wawa Access Easement Area, the Parties acknowledge and
agree that OHI, and its tenants, occupants, guests, customers, invitees, employees and
owners of the Rehab Center Parcel and their successors and assigns, shall have the right to
use the Access Road for the purpose of accessing the Rehab Center Parking Easement Area
(as defined below in Section 3.A.).
B. Landscaping Easement. OHI hereby establishes, declares, grants and
conveys a perpetual, non-exclusive easement and right -of -passage, on, over and across that
portion of the Rehab Center Property shown on the Plan attached hereto at legally described
and depicted on Exhibit D as "Wawa Landscaping Easement Area" (the "Wawa
Landscaping Easement Area"), for the benefit of CG Developer, its successors and
assigns, for the sole purpose of installing, constructing, maintaining, repairing and
replacing a right hand turn lane from Greenbrier Drive onto the Access Road, landscaping,
trees, bushes, flowers, directional signage, lighting, a monument sign, and other
improvements described in the Site Plan (the "Site Plan") for the KHA Project
#1 13358004 dated 112912021 as approved by Albermarle County, Virginia (collectively,
the "Landscaping Improvements") for the benefit of the Wawa Project (the foregoing
easement being referred to as the "Wawa Landscaping Easement"), subject to the terms
and conditions set forth in this Agreement. No building, structures or improvements of
any may be constructed in the Wawa Landscaping Easement, except for as required by the
Site Plan. The beneficiaries of the Wawa Landscaping Easement shall have the non-
exclusive full use of the Wawa Landscaping Easement solely for the purposes set forth in
this Agreement, subject to the terms and conditions herein. Notwithstanding anything to
the contrary contained herein, all improvements located on the Wawa Landscaping
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Easement Area shall be deemed the property of CG Developer (and its successors and
assigns).
C. Construction of Access Road and Landscaping Improvements. CG
Developer, at its sole expense, shall design and construct and complete with diligence the
Access Road and Landscaping Improvements substantially in accordance with plans and
specifications prepared by CG Developer at its sole expense, and approved by OHI, which
approval shall not be unreasonably withheld, conditioned or delayed. The construction
shall use first-class materials and be done in accordance with all applicable laws, rules,
ordinances and regulations and without any construction liens. CG Developer shall keep
OHI reasonably apprised of the progress of construction of the Access Road and
Landscaping Improvements and, upon request of OHI, shall meet with OHI to inspect the
progress of construction. OHI hereby establishes, declares, grants and conveys to CG
Developer, a temporary and non-exclusive easement on, over, and across those portions of
the Rehab Center Property in the 10 feet adjacent to the Wawa Access Easement Area and
Wawa Landscaping Easement Area for the purpose of the initial construction of the Access
Road and Landscaping Improvements or any portion thereof ("Temporary Construction
Easements"). The easements and rights set forth herein shall be subject to the terms and
conditions set forth in Section 6 of this Agreement.
3. Easements and Grants the benefit of The Laurels.
A. Parking Easement. CC! Developer hereby establishes, declares, grants and
conveys a perpetual, exclusive easement and right -of -passage, on, over and across that
portion of the CG Developer Property legally described and depicted on Exhibit E as
"Rehab Center Parking Easement Area" (the "Rehab Center Parking Easement Area"),
for the benefit of OFII, its successors and assigns, for the sole purpose of accessing parking
spaces and use by the tenants, occupants, guests, customers, invitees, employees and
owners of The Laurels for the temporary parking of passenger vehicles (the foregoing
easement being referred to as the "Rehab Center Parking Easement'), subject to the
terms and conditions set forth in this Agreement. No building, structures or improvements
of any kind shall be constructed within the Rehab Center Parking Easement Area, except
for parking lot, striping, curbs, lighting, paving, signage and related appurtenant
improvements for the parking area and access drive to the parking area (collectively, the
"Rehab Center Parking Lot'). The beneficiaries of the Rehab Center Parking Easement
shall have the -exclusive full use of the Rehab Center Parking Easement solely for the
purposes set forth in this Agreement, subject to the terns and conditions herein.
Notwithstanding anything to the contrary contained herein, all improvements located on
the Rehab Center Parking Easement Area shall be deemed the property of CG Developer
(and its successors and assigns).
B. Access Easement. CG Developer hereby establishes, declares, grants and
conveys a perpetual, non-exclusive easement and right -of -passage, on, over and across
portion of the CG Developer Property legally described and depicted on Exhibit F as (the
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"Rehab Center Access Easement Area"), for the benefit of OHL its successors and
assigns, for the sole purpose of vehicular and pedestrian ingress and egress by the tenants,
occupants, guests, clients, invitees, employees and owners of the OHI (including The
Laurels) to and from the Rehab Center Property and the Rehab Center Parking Lot (the
foregoing easement being referred to as the "Rehab Center Access Easement'), subject
to the terms and conditions set forth in this Agreement. No building, structures or
improvements of any kind shall be constructed within the Rehab Center Access Easement
Area of any kind or nature. The beneficiaries of the Rehab Access Easement shall have
the non-exclusive full use of the Rehab Center Access Easement solely for the purposes
set forth in this Agreement, subject to the terms and conditions herein. Notwithstanding
anything to the contrary contained herein, all improvements located on the Rehab Center
Access Easement Area shall be deemed the property of CG Developer (and its successors
and assigns).
C. Sidewalk and Stairway Easement. CG Developer hereby establishes,
declares, grants and conveys a perpetual, non-exclusive easement and right -of -passage, on,
over and across the sidewalk and stairway on those portions of the CG Developer Property
that connects the Rehab Center Parking Easement Area and the Rehab Center Property as
approximately shown on the drawing attached hereto at Exhibit G as "Rehab Center
Stairway Easement Area" (the "Rehab Center Stairway Easement Area"), for the benefit
of 01-11, its successors and assigns, for the sole purpose of pedestrian ingress and egress by
the tenants, occupants, guests, clients, invitees, employees and owners of the OHI
(including The Laurels) over the sidewalks and stairway to be constructed ("Stairway
improvements") to and from the Rehab Center Property and the Rehab Center Parking Lot
(the foregoing easement being referred to as the "Rehab Center Stairway Easement"),
subject to the terms and conditions set forth in this Agreement, Except for the sidewalks
and stairway to be constructed, no building, structures or improvements of any kind shall
be constructed within the Rehab Center Stairway Easement Area of any kind or nature.
The beneficiaries of the Rehab Stairway Easement shall have the non-exclusive full use of
the Rehab Center Stairway Easement solely for the purposes set forth in this Agreement,
subject to the terms and conditions herein. Notwithstanding anything to the contrary
contained herein, all improvements located on the Rehab Center Stairway Easement Area
shall be deemed the property of CG Developer (and its successors and assigns).
D. Construction of Rehab Center Parking Lot and Stairway Improvements. CG
Developer, at its sole expense, shall design and construct and complete with diligence the
Rehab Center Parking Lot and Stairway Improvements substantially in accordance with
plans and specifications prepared by CG Developer at its sole expense and approve by OHI,
which approval shall not be unreasonably withheld, conditioned or delayed. The
construction shall use first-class materials and be done in accordance with all applicable
laws, rules, ordinances and regulations and without any construction liens. The Rehab
Center Parking Lot shall accommodate no less than 20 passenger vehicles.
Notwithstanding the foregoing, CG Developer shall not be responsible for obtaining any
zoning or land use approvals or permits required by OHI or The Laurels with regard to the
use of the Rehab Center Access Easement, Rehab Center Parking Lot, or Rehab Center
Stairway Improvements and CG Developer's sole obligation with regard to such is to
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obtain necessary construction and building permits. CG Developer shall keep OHI
reasonably apprised of the progress of construction of the Rehab Canter Parking Lot and
Stairway Improvements, upon request of OHI, shall meet with OHI to inspect the progress
of construction.
E. Relocation Riehts. Notwithstanding anything to the contrary contained in
this Section 3, CG Developer shall have the right to relocate, modify, improve and maintain
the Rehab Center Parking Lot, Stairway Improvements and Rehab Center Access Easement
Area from time to time in its sole and absolute discretion; provided, however, that
reasonable vehicular and pedestrian access and the same number of parking spaces remain
available. Further, CG Developer shall have the right from time to time to install conduit,
utilities and other improvements under and around the Rehab Center Parking Lot, Stairway
Improvements and Rehab Center Access Easement and temporarily restrict access and use
of any or all of such during times of maintenance, construction, improvement and repair
and in the event of casualty or dangerous conditions (such as snow and ice). The easements
and rights set forth herein shall be subject to the terms and conditions set forth in Section
6 of this Agreement.
4. Dedication for Greenbrier Drive Turn Lane. As further consideration for the rights
and grants provided to OHI herein, OHI hereby agrees to grant, convey and dedicate to the County,
at such time as requested by CG Developer, that portion of the Wawa Landscaping Easement Area
used for the creation of a right turn lane off of Greenbrier Road onto the Access Road which is
legally described and depicted on attached Exhibit H. CHI shall sign such deeds, dedications,
plats and other documents reasonably acceptable to OHI to cause such dedication within no less
than thirty (30) days of request therefore; provided that OHI's failure to sign within such 30 day
period will not constitute a default under this Agreement.
5. Maintenance of Easements. CG Developer hereby covenants and agrees, for itself
and its successors and assigns, that it or its successors and assigns, will, at its sole cost, maintain,
repair, and replace the Access Road, Wawa Landscaping Easement Area, Stairway Improvements,
Rehab Center Access Easement Area and Rehab Center Parking Lot in good, clean, safe condition
in compliance with all applicable governmental laws, rules and regulations, subject to terms herein.
6. Easements in General. Each Party who grants an easement under this Agreement,
whether of a temporary or permanent nature, is deemed to be the grantor (a "Grantor") and the
Party benefited by such easement is deemed to be the grantee (the "Grantee"). For purposes of
this Agreement, the following provisions shall apply to all easements, whether of a temporary or
a permanent nature:
(a) The grant of an easement by a Grantor to a Grantee shall bind and burden
the property owned by such Grantor (the "Grantor's Property") and shall benefit the property
owned by such Grantee (the "Grantee's Property"). In any case, the Grantors Property shall be
deemed to be the "servient tenement" and the Grantee's Property shall be deemed the "dominant
tenement." Where only a portion of such Grantor's Property is bound and burdened by the
easement, only that portion shall be deemed to be the servient tenement, and this Agreement shall
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be construed to burden as little of the servient tenement as is reasonably necessary for each Grantee
to fully benefit from each such easement grant for the purposes and to the extent and on the terms
and conditions as herein stated.
(b) All of the easements set forth in in this Agreement shall commence upon
recordation of this Agreement among the Land Records of Albemarle County, Virginia. Unless
an easement is specifically herein designated as a temporary easement, or unless otherwise
expressly provided in this Agreement, all easements granted hereunder to the respective Grantee
are irrevocable and perpetual in nature and are granted non -exclusively to the Grantee, and its
successors and assigns, for their benefit and the benefit of their Property, and shall bind and burden
the Grantor, such Grantor's Property (but only to the extent of the easement area herein stated and
shown on the applicable Exhibit hereto or thereto as being burdened thereby) and its successors
and assigns. Except as provided in Section 6(I) below, or unless specific periods are specified in
this Agreement, easements granted pursuant to this Agreement for the performance of Work shall
be deemed to be granted for a reasonable period of time to complete such Work, provided that the
Party responsible for the Work shall have diligently commenced and continuously pursued the
completion of such Work in an expeditious manner after the commencement of such Work.
(c) The use of an easement shall be limited to only that use for which the
easement in question was designated as provided for in this Agreement, unless additional or
different uses are mutually agreed upon in a separate written instrument executed by the Parties.
The use of an easement by a Grantee shall be in accordance with applicable governmental
approvals and laws.
(d) No Hazardous Materials may be stored, discharged or used by the CG
Developer on the Rehab Center Property (other than customary lawful construction materials in
reasonable quantities used in the ordinary course of construction, petroleum and other products
within the fuel tanks and engines of vehicles and construction machinery, time for soil
manipulation, and such lawful materials in reasonable quantities as are used in the ordinary course
of performance of maintenance and repairs), all of which shall be stored (while not in use or being
applied in proper, covered, leak -proof and safe containers). CG Developer shall indemnify, defend
and save OH1 harmless from all Claims (as hereinafter defined) caused by or arising from any
Hazardous Materials placed, stored, installed or deposited or used by CG Developer or its
contractors on the Rehab Center Property, or emanating as a result thereof onto the Rehab Center
Property in violation of any applicable environmental laws, and CG Developer at its sole expense
shall clean up and remediate all contamination therefrom, promptly when and as necessary, or as
required by applicable law. As used herein, all references to "Hazardous Materials" shall mean
and refer to hazardous materials, substances, products or wastes of a toxic or hazardous nature,
including but not limited to, the following: (1) "Hazardous Waste" as that term is defined in the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), as amended from
time to time, and regulations promulgated thereunder; (2) `hazardous substances" as that term is
defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980,
as amended from time to time, and regulations promulgated thereunder; (3) any substance the
presence of which on the Rehab Center Property is prohibited by any applicable federal, municipal
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or state law or ordinance regulating toxic or hazardous wastes or substances; and (4) any toxic or
hazardous substances or materials, whether products or wastes, including asbestos or PCBs, and
(5) gasoline or other fuels (whether or not in, under or above ground storage tanks).
(e) The CO Developer shall promptly repair any and all damage to any property
or improvements of 0I-11, including (without limitation) any exits, entrances, landscaping, parking
areas, driveways and/or roads or utilities on or serving the Rehab Center Property ("Property
Damage") if and to the extent that such Property Damage was caused by CG Developer or its
contractors, agents, tenants, invitees, employees, owners, clients, customers or representatives in
the exercise of its rights under this Agreement.
(0 CG Developer shall cause its contractors to implement commercially
appropriate measures to control and minimize soil erosion, mud and dust from the areas on which
the CG Developer and its contractors performed any Work (the "Areas of Disturbance"). Upon
completion of any Work performed by or on behalf of CO Developer, CG Developer at its sole
expense shall promptly repair all Property Damage caused by CG Developer or its contractors, and
CG Developer shall restore the Areas of Disturbance to substantially the same condition as existed
immediately prior to the commencement of such Work, subject to the changes which are to be
made in accordance with the applicable governmental approvals and this Agreement. Such
restoration shall include, as applicable and without limitation, restoration of any temporary or
permanent improvements within the Areas of Disturbance damaged by the CG Developer, the
repaving of previously paved areas within the Areas of Disturbance, the repair or replacement, as
necessary, of any sidewalk, curb and gutter within the Areas of Disturbance, the backfilling of
trenches and replacement of trees (or diameter greater than 3") and shrubbery within the Areas of
Disturbance, and the repair of any damage to areas immediately adjacent to the Areas of
Disturbance and to any other portion of the Rehab Center Property caused by the Work performed
by or on behalf of the CG Developer.
(g) Any easement granted herein on, over or across Grantor's Property shall
include the right of ingress and egress by the Grantee to and from the Grantor's Property for the
sole purpose of providing access to the specific area designated for the easement.
(h) Prior to any use of an easement granted herein on, over or across the
Grantor's Property, the Grantee (or its tenant) at its sole expense shall provide the Grantor with
insurance satisfying all of the requirements set forth in Section 7 of this Agreement, and Grantee
shall, at its sole cost and expense, keep such insurance in full force and effect at all times while
the easements or any of them remain in force, and will provide the Grantor with a certificate of
such insurance within ten (10) Business Days after each request therefor. All work performed by
CG Developer and its contractors shall be performed in full compliance with all insurance
requirements and in compliance with all applicable laws, rules and regulations.
(i) The use of any easement by the Grantee thereof and its successors and
assigns shall not materially interfere with the use and enjoyment of the Grantor's Property (other
than the applicable easement area) by the Grantor or any owner of all or any part of the Grantor's
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Property, or any tenants or occupants thereof, and shall not result in the obstruction of the use,
operation, access to or maintenance of the Grantor's Property, including but not limited to, private
roads, sidewalks, driveways, parking lots, buildings or other improvements or green space (except
as necessary to implement the easements and rights hereunder).
0) Certain of the easements provided for in this Agreement contemplate that
they are temporary in nature. Such easements shall be deemed to be granted for a commercially
reasonable period of time to complete the work (the "Work") for which they were granted,
provided that the Grantee shall have diligently commenced and continuously pursued the
Completion of the Work (as hereinafter defined) in an expeditious manner after commencement
of such Work, and in all events shall such easements shall cease and terminate upon the earliest to
occur of (i) the date of Completion of the Work or (ii) on the third (3rd) anniversary of the date
when the Grantee first begins using such easement for its intended purposes, or (iii) such earlier
or later date (if any) herein stated. For purposes of determining when such easements for
construction activities shall terminate, the phrase "Completion of the Work" shall be deemed to
have occurred when all improvements are substantially constructed and the appropriate
governmental authority has issued all required approvals thereof for the improvements, if
applicable, and has released all bonds and other forms of security which may have been provided
to the governmental authority to assure completion of the work or certain improvements.
(k) All uses of the easements granted herein shall be in accordance with all
applicable laws, ordinances and regulations, whether now or hereafter in force, and all approvals
issued by applicable governmental authorities for the development of improvements on a Property,
and all such easements shall also be used in conformance with generally -recognized customary
construction practices (as applicable) in Albemarle County, Virginia and the Commonwealth of
Virginia.
(1) Upon the request, from time to time, of a Grantee of an easement set forth
in this Agreement, the Grantor and Grantee shall execute, deliver and record among the Land
Records such documents as may be reasonably necessary or appropriate to confirm the easement(s)
granted or to be granted by the Grantor pursuant to this Agreement; provided that the party
requesting such document shall pay all costs of the preparation and recordation thereof, and such
document is reasonably acceptable to the executing party, and provided further, that such
confirmatory document complies with all applicable provisions of this Agreement concerning the
easement that is to be so confirmed.
7. Insurance and Indemnification.
A. OHI (or its tenant) and CG Developer shall each carry at all times, with
respect to the Property owned by it and the easements granted to it hereunder, a broad form
policy of Commercial General Liability Insurance ("CGLI Policy") in an amount not less
than One Million Dollars ($1.000,000.00) combined single limit for personal injury,
sickness and death and for damage to, or destruction of property per occurrence, with an
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aggregate coverage amount of Three Million Dollars ($3,000,000), or such higher limit as
OHI and CC Developer may reasonably agree upon is then reasonably and customarily
maintained by owners of similar property in the area where the Properties are located.
During any periods of construction or maintenance by a Party of improvements for which
an easement has been granted under this Agreement, such Party's insurance shall (i) name
the Grantor of such easement as an additional insured; (ii) provide that acts of any insured
party shall not invalidate the policy as against any other insured party or otherwise
adversely affect the rights of any other insured parry under the policy and (iii) shall contain
a waiver of subrogation.
B. CC Developer shall maintain or cause its contractors to maintain builders'
risk insurance during periods of construction of improvements or of maintenance by CC
Developer or its contractors, in such amounts as carried by prudent parties of similar
property in the Albemarle County, Virginia market.
C. Each Party shall, from time to time upon the request of another Party,
furnish to the requesting Party policies or certificates evidencing the insurance coverage
described herein, which policies or certificates shall state that the insurance company shall
endeavor to provide at least thirty (30) days' prior written notice to the party named as the
additional insured in the event that the insurance coverage is reduced, materially amended,
canceled or allowed to expire without renewal.
D. CC Developer shall indemnify, defend and hold harmless OHI and its
members, officers, directors, trustees, shareholders, partners, employees and agents
(collectively, the "Party Indemnitees") from and against any and all Claims (i) for injuries
to person and death and property damage arising out of or resulting from the exercise by
CC Developer, or its members, tenants, invitees, clients, customers, officers, directors,
shareholders, partners, employees, contractors and/or agents of its rights or obligations
hereunder, or (ii) that may be asserted or recovered against OHI or any Party Indemnitee
arising out of or resulting from the Work performed by or on behalf of CC Developer, or
its members, officers, directors, shareholders, partners, employees, contractors and/or
agents on the Rehab Center Property, except in both cases for any Claims arising out of the
willful misconduct of OHI or its agents, employees or contractors, in which event the
liability of CC Developer shall be determined in accordance with its respective degree of
fault. The foregoing indemnification shall include, without limitation, claims arising by
reason of the installation, construction, use, operation and maintenance of improvements,
and the use of the easements granted herein or the easements granted pursuant to the terms
of this Agreement, or any work performed hereunder. As used in this Agreement, the term
"Claims" shall mean and refer to all claims, actions, causes of action, liabilities, costs,
expenses and damages incurred by a Party, including, without limitation, reasonable
attorneys' fees and costs of litigation.
S. No Public Dedication. Nothing contained in this Agreement shall be deemed to be
a gift or dedication of any part of the 0111 Property or the CC Developer Property, or any portion
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thereof, to the general public, and both the record owner of the CG Developer Property and OHI
Property shall have the right to periodically restrict access to the applicable easement areas on their
respective properties or post notices, as may be deemed reasonably necessary to prevent such
property from being deemed dedicated to the general public.
9. Run with the Land. All provisions of this Agreement, including the benefits and
the burdens, shall touch, concern and run with the OHI Property and the CG Developer Property
and be binding upon and inure to OHI and CG Developer and their respective successors and
assigns.
10. No Waiver. No restriction, condition, obligation or provision of this Agreement
shall be deemed to have been abrogated or waived by reason of any failure or failures to enforce
the same.
IL Severability. The terms and provisions of this Agreement are severable and in the
event that any term or provision of this Agreement is declared to be invalid or unenforceable for
any reason, the remaining terms and provisions hereof shall remain in full force and effect.
12. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the Commonwealth of Virginia and shall be effective upon recordation among the
Land Records of Albemarle County, Virginia (the "Land Records").
13. Amendments and Modifications. The provisions of this Agreement may be
abrogated, modified, rescinded or amended in whole or in part only with the prior written consent
of the then record owner of the CG Developer Property and OHI Property by written instrument
duly recorded among the Land Records.
14. Incorporation by Reference. The recitals of this Agreement and all Exhibits
attached to this Agreement are incorporated into this Agreement and made a substantive part of
this Agreement.
15. Notices. All notices, requests or other communications hereunder shall be in
writing and deemed given (a) when delivered personally (or delivery is rejected), or (b) three days
after the day deposited in the U.S. Mail, by registered or certified mail, postage paid, return receipt
requested, or (c) on the day deposited with a recognized overnight courier service (such as Federal
Express). In all events, such notices and communications shall be addressed as follows (or to such
other address which a party may from time to time hereafter designate by notice given in
accordance with this Section 15):
To CO Developer:
CHARLOTTESVILLE GREENBRIER, LLC
----- ------- ------------------
G
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Ala- p i b 1.3
Attn:
with a copy to
Odin, Feldman & Pittleman, PC
1775 Wichle Avenue, Suite 400
Reston, VA 22090
Attn: Ellen Farrell Sharpe, 17sq.
To OH 1:
OHI ASSET (VA) CHARLOTTESVILLE — 1165 PEPSI PLACE, LLC
c,o Omega Healthcare Investors, Inc.
303 International Circle, Suite 200
Hunt Valley, MD 21030
Attn.: Daniel J. Booth
Telephone No.: (410) 427-1700
Email: dbooth@Omegahealthcare.com, vgupta6u;0megahealtheare.com, and
mkru I l@omegahealtheare. com
with a copy to:
Derwent & Associates, PLLC
5960 Tahoe Dr, SE, Suite 101
Grand Rapids, Michigan 49546
Attn: Mark E. Derwent
Telephone No.: (616) 451-8690
Email
The Parties shall be responsible for notifying each other of any change of address
or designated recipient.
16. Entire Agreement. This Agreement and the exhibits attached hereto contain the
final and entire agreement and understanding between the parties hereto with respect to the subject
matter herein and are intended to be an integration of all prior negotiations and understandings.
Neither the Parties nor their agents shall be bound by any terns, conditions, statements, warranties
or representations oral or in writing not contained herein. No change or modification of this
Agreement shall be valid unless the same is in writing and signed by the Parties hereto. This
Agreement shall not be construed adversely to either Party by virtue of its role as primary drafter.
No waiver of any of the provisions of this Agreement shall be valid unless the same is in writing
and is signed by the Party against which it is sought to be enforced. This Agreement may be
executed in counterparts, each of which shall be deemed to be an original, and all such counterparts
shall constitute one and the same instrument.
11
}'nap
202200008022 PG 012
17. Intentionally Deleted.
18. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and all which together shall constitute one in the same
instrument.
[Signature pages follow]
12
202200008022 PG 013
IN WITNESS WHEREOF, CG Developer, has caused this Agreement to be signed by
, its Manager, as of the day and year first above written.
CG DEVELOPER:
CHARLOTTESVILLE GREENBRIER, LLC,
a Delaware limited liability company
By: WW#2 — 1215 Seminole Trail, Charlottesville,
VA, LLC, a Virginia limited liability company, as
Manager /
By: 4 �" __AAoEAL
Henry M. Rendad, Managing Member
By: (SEAL)
Mark J. Fon*ne\jdanaging Member
By: Charlottesville Greenbrier A3 LLC, a Delaware
limited liability company, as Manager
By: ARCTRUST III Investments Manager, LLC, a
Delaware limited liability company, as Manager
By:
Robert J. Ambrosi, Manager
202200008022 PG 014
ACKNOWLEDGMENTS
.t
STATEOF v �C'dti.`'•x ......., CITY/COUNTY OF TO WIT:
1 HEREBY CERTIFY that on this 14 day of Serve 2022, before me, the undersigned Notary Public of the
aforesaid jurisdiction, personally appeared Henry Renaud, and acknowledged himself to be the Authorized
Representative of WWk2 — 1215 Seminole Trail, Charlottesville, VA, LLC, which is a Manager of
CHARLOTTESVILLE GREENBRIER LLC, a Delaware limited liability company, and that he, in such capacity,
executed the foregoing instrument for the purposes herein contained.
IN WIT SS MY Nand and Notarial Seal.
``��11111111/l11j/
`e��QEI-IN SccYi�i
Notary public �� MMONW�
•,
[Notarial Sea[] AGO `•
tS
My Commission Expires: ll�'a t3-2CL'S REG No Zf
7�' � EXPIRES rr75�625
O 30 2023;
STATE OF U st,r�t CITY/COUNTY OF ko..c�a�c TOWa:O'•
I HEREBY CERTIFY that on hisjl, day of vv e 2022, before me, the undersigned %fvfa `N
the aforesaid jurisdiction, personally appeared Mark J. Fontaine, and acknowledged himself to be the �lilygr��e111►��
Representative of WWN2 — 1215 Seminole Trail, Charlottesville, VA, LLC, which is a Manager of
CHARLOTTESVILLE GREENBRIER LLC, a Delaware limited liability company, and that he, in such capacity,
executed the foregoing instrument for the purposes therein contained. .t%%11110111 j1
IN WI�[�j�$ and and Notarial Seal. �� pEL]� `SFI���i
Notary Public •;GQpnMOlvkp �iii
[Notarial Seal] t R
My Commission Expires: i\—JU-2G"L3 >f : FXFG'^1p 't'
_ . ��S 11T -5 '
STATE OF CITY COUNTY OF TO WIZ' 0'0?0�a
1 HEREBY CERTIFY that on this day of 2022, before me, the undersigned
Q�y
the aforesaid jurisdiction, personally appeared Robert J. Ambrosi, and acknowledged himself [o b�d�te�ja�GG••'���J `��
Charloue
A3 LLC, which isa
LE
EN BRIER
Delaware slimitedvi lrliability r company, and that he in such capaager of city, executed heLfo foregoing instrument for AIId1 PUB\ ``
purposes therein contained.
IN WITNESS MY Hand and Notarial Seal.
Notary Public
[Notarial Seal]
My Commission Expires
202200008022 PG 015
IN WITNESS WHEREOF, CG Developer, has caused this Agreement to be signed by
, its Manager, as of the day and year first above written.
CG DEVELOPER:
CHARLOTTESVILLE GREENBRIER, LLC,
a Delaware limited liability company
By: WW42 1215 Seminole Trail, Charlottesville,
VA, LLC, a Virginia limited liability company, as
Manager
By:.__ —_. _ (SEAL)
Henry M. Renaud, Managing Member
By:
Mark J. Fontaine, Managing Member
By: Charlottesville Greenbrier A3 LLC, a Delaware
limited liability company, as Manager
By: ARCTRUST III Investments Manager, LLC, a
Delaware limited liability company, as Manager
By (SEAL)
Robert J. Ambrosi, Manager
1.3
202200008022 PG 016
ACKNOWLEDGMENTS
STATE OF _..... ..._.... ..........._, C[TY;COUNTY OF . TO WIT:
I HEREBY CERTIFY that on this _, _ day of , 2022, before me, the undersigned Notary Public of the
aforesaid jurisdiction, personally appeared Henry Renaud, and acknowledged himself to be the Authorized
Representative of WW#2 1215 Seminole Trail, Charlottesville, VA, LLC, which is a Manager of
CHARLOTTESVILLE GREENBRIER LLC, a Delaware limited liability company, and that he, in such capacity,
executed the foregoing instrument for the purposes therein contained.
IN WITNESS MY Hand and Notarial Sea].
Notary Public
[Notarial Seal]
My Commission Expires: _
STATE OF CITY- COUNTY OF , TO WIT:
i HEREBY CERTIFY that on this day of . 2022, before me, the undersigned Notary Public of
the aforesaid jurisdiction, personally appeared Mark J. Fontaine, and acknowledged himself to be the Authorized
Representative of W W#2 1215 Seminole Trail, Charlottesville, VA, LLC, which is a Manager of
CHARLOTTESVILLE GREENBRIER LLC, a Delaware limited liability company, and that he, in such capacity,
executed the foregoing instrument for the purposes therein contained.
IN WITNESS MY Hand and Notarial Seal.
Notary Public
[Notarial Seal]
My Commissiun Expires: _
STATE OF ii I II . CITY/COUNTY OF TO WIT:
I HEREBY CERTIFY th>'t on this - `' day of , 2022, before me, the undersigned Notary Public of
the aforesaid jurisdiction, personall peared Robert J. Aid brosi, and acknowledged himself to be the Manager of
Charlottesville Greenbrier A3 LLC, which is a Manager of CHARLOTTESVILLE GREENBRIER LLC, a
Delaware limited liability company, and that he, in such capacity, executed the foregoing instrument for the
purposes therein contained.
IN A�TNE$S MY Hand and -Notarial Seal.
Notary Public'
[Notarial Seal]
My Commission Expires: j' I I, •T_
CECILIA MORENO
Commission J 50P74899
Notary Public, State of New Jer
My Commission E-P,fes
Januafv17.2023
14
202200008022 PG 017
IN WITNESS WHEREOF, OHI has caused this Agreement to be executed as of the day
and year first above written.
OHI:
OHI ASSET (VA) CHARLOTTESVILLE —
1165 PEPSI PLACE, LLC,
a Delaware limited 1' bili company
By:
Name: Vikas Gup
Title: Senior Vice President — Acquisitions and
Development
STATE OF MARYLAND )
) ss:
COUNTY OF BALTI 40RE )
The foregoing instrument was acknowledged before me on June Zak 2022, by Vikag
Gupta, as the Senior Vice President — Acquisitions and Development of OHI ASSET (VA)
CHARLOTTESVILLE 1165 PEPSI PLACE, LLC, a Delaware limited liability company, being
authorized to do so, has executed the foregoing and annexed document on behalf of the limited
liabilio((npany for the purposes therein contained.
rNMUC
JUDITHA.JACOBS
1. y m1, Nat8ry Public, State of Marylant' l county OfBaftbwu
%` ttrQmmloaE�ireslday12,2a324 t Public
[Nota'ilaMP
My commission expires: PkpLAA ?, Z02—q—
Notary Registration Number:
14
(final}
202200008022 PG 018
EX HTBIT AA
LEGAL DESCRIPTION OF CG DEVELOPER PROPERTY
ALL THOSE CERTAIN LOTS OR PARCELS OF LAND TOGETHER WITH ALL IMPROVEMENTS
THEREON LOCATED AND BEING IN ALBEMARLE COUNTY, VIRGINIA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LWAL AMRMUM
BE*NNING AT A POINT; MARKED P.O.B.: SAID POINT BEING AT THE INTERSECTION OF THE EAST LINE OF
SEMINOLE TRAIL (U,S. ROWE 29) AND THE SOUTH uNE OF gNEENBRIER DRIVE (STATE RNTE 466): THV4CE
ALONG THE SOVTH LINE OF GREENBRIER DRIVE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 41.118',
A RAOIU9 OF 26.65', A CHORD GEARING OF NVW32*SVE AND A CL40W OF 37.21' TO A PONT, IWNCE
S56'10'090E 19.3W TO A POINT; THENCE LEAIANG THE SOUTH LOWE OF GREENBRIER DRIVE S55'I0'081
517.44' TO A POINT; THEN(M S3524'OD'W 175,00' TO A POINT; 11"CC N56'terWW MZ4W 10 A PONT
ON TIIH: SWIM LINE OF ST:NINOLE TRAIL; THENCE ALONG THE SOUTH LAW OF SEMINOCE TRAIL 6135114WE
1 d®Z10' TO THE POINT OF BEGINNING. MARKED P,O,B. AND CONTAINING 2.236 ACRES.
And being the same property conveyed to Charlottesville Realty Corporation from
Charlottesville Oil Hauling Company, Incorporated by Deed dated June 2, 1980, recorded July
15, 1980 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
696, Page 560.
202200008022 PG 019
EXHIBIT B
LEGAL DESCRIPTION OF REHAB CENTER PROPERTY
ALL THOSE CERTAIN LOTS OR PARCELS OF LAND TOGETHER WITH ALL IMPROVEMENTS THEREON
LOCATED AND BEING IN ALBEMARLE COUNTY, VIRGINIA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Laurels of Charlottesville
1165 Pepsi Place, Charlottesville, VA 22901
Commencing at an iron rod set in the southerly right of way line of Greenbrier Drive at its intersection with
the westerly right of way line of Pepsi Place, the Point of Beginning and runs thence with the westerly right
of way line of Pepsi Place the following three (3) courses and distances: with a curve to the right having a
radius of 35.0', a length of 56.46' and a chord bearing and distance of S07°4 F 38"E 50.66' to an iron rod
set; thence with a curve to the left having a radius of 498.62', a length of 216.79' and a chord bearing and
distance of S26° 15'28"W 216.08' to an iron rod found; thence with a curve to the right having a radius of
246.44', a length of] 19.34' and a chord bearing and distance of S27°45'08"W 118.17' to a nail found in the
westerly right of way line of Pepsi Place; thence N42°29'50"W 48.79' to a nail set; thence S57°14'53"W
33.39' to an iron rod found; thence N63° I 1 '50"W 291.15' to an iron rod found; thence N35°29'56"E 21.06'
to an iron pipe found; thence N35° 15'02"E 175.9l' to an iron rod found; thence N56° 10'09"W 517.44' to a
mag nail found in the southerly right of way line of Greenbrier Drive; thence with the southerly right of
way line of Greenbrier Drive the following four ( 4) courses and distances: with a curve to the left, having
a radius of 504. 72', a length of 233.59' and a chord bearing and distance of S69°24'48"E 231.5l' to an iron
rod found; thence S82°31 '04 "E 210.29' to an iron rod found; thence with a curve to the right, having a
radius of 770.0', a length of 243.71' and a chord bearing and distance of S73`47' 17"E 242.60' to an iron rod
found; thence with a curve to the right, having a radius of 770.00', a length of 142.93' and a chord bearing
and distance of S59°14'39"E 142.72' to the Point of Beginning.
202200008022 PG 020
EXHIBIT C
dal Description and Depiction for
Wawa Access Easement Area
BEGINNING AT A POINT; SAID POINT BEING AT THE INTERSECTION OF THE EAST LINE OF SEMINOLE TRAIL (U.S.
ROUTE 29) AND THE SOUTH LINE OF GREENBRIER DRIVE (STATE ROUTE 866); THENCE ALONG THE SOUTH LINE OF
GREENBRIER DRIVE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 41.19', A RADIUS OF 26.65', A CHORD
BEARING OF N79'32'55"E AND A CHORD OF 37.21' TO A POINT; THENCE S56-10'09"E 19.38' TO A POINT; THENCE
ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 96.74', A RADIUS OF 504.72', A CHORD BEARING OF
S61"39'36"E , AND A CHORD LENGTH OF %.59' TO A POINT; THENCE S60°47'40'E 35.57' TO A POINT; THENCE
S72'53'00"E 44.13' TO A POINT; THENCE S78°36'00"E 57.23' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT
HAVING A LENGTH OF 16.35', A RADIUS OF 24.00', A CHORD BEARING OF S59'05'10"E, AND A CHORD LENGTH OF
16.04' TO A POINT; THENCE N8949'00"E 7.30' TO THE TRUE POINT OF BEGINNING; THENCE N89"49'00"E 39.11-
TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 12.36', A RADIUS OF 30.00', A CHORD
BEARING OF S18'52'41"W , AND A CHORD LENGTH OF 12.27' TO A POINT; THENCE 507'04'29"W 65.30' TO A
POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 3.79', A RADIUS OF 25.00', A CHORD BEARING
OF S02"43'39"W , AND A CHORD LENGTH OF 3.79' TO A POINT; THENCE N56"10'09'W 33.92' TO A POINT; THENCE
N07'04'29"E 42.51' TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 19.77', A RADIUS OF
30.00', A CHORD BEARING OF N11"48.27"W , AND A CHORD LENGTH OF 19.42' TO THE POINT OF BEGINNING AND
CONTAINING 0.050 ACRES.
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202200008022 PG 021
EXHIBIT D
Leval Description and Depiction for
Wawa Landscapine Easement Area
BEGINNING AT A POINT; SAID POINT BEING ATTHE INTERSECTION OF THE EAST LINE OF SEMINOLE TRAIL (U.S.
ROUTE 29) AND THE SOUTH LINE OF GREENBRIER DRIVE (STATE ROUTE 866); THENCE ALONG THE SOUTH LINE OF
GREENBRIER DRIVE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 41.19', A RADIUS OF 26.65', A CHORD
BEARING OF N79°32'55"E AND A CHORD OF 37.21' TO A POINT; THENCE S56°10'09"E 19.38' TO THE TRUE POINT
OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 96.74', A RADIUS OF 504.72', A
CHORD BEARING OF S61°39'36"E , AND A CHORD LENGTH OF 96.59' TO A POINT; THENCE S60"47'40"E 35.57' TO A
POINT; THENCE S72'53'00"E 44.13' TO A POINT; THENCE S78'36'00"E 57.23' TO A POINT; THENCE ALONG A
CURVE TO THE RIGHT HAVING A LENGTH OF 16.35', A RADIUS OF 24.00', A CHORD BEARING OF S59"05'10"E, AND
A CHORD LENGTH OF 16.04' TO A POINT; THENCE N89°49'00"E 7.30' TO A POINT; THENCE ALONG A CURVE TO
THE RIGHT HAVING A LENGTH OF 19.77', A RADIUS OF 30.00', A CHORD BEARING OF S11-48'27"E , AND A CHORD
LENGTH OF 19.42' TO A POINT; THENCE S07"04'29"W 42.51' TO A POINT; THENCE N56°10'09"W 281.85 TO THE
POINT OF BEGINNING AND CONTAINING 0.124 ACRES.
And
BEGINNING ATA POINT, SAID POINT BEING ATTHE INTERSECTION OF THE EAST LINE OF SEMINOLE TRAIL (U.S.
ROUTE 29) AND THE SOUTH LINE OF GREENBRIER DRIVE (STATE ROUTE 866); THENCE ALONG THE SOUTH LINE OF
GREENBRIER DRIVE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 41.19', A RADIUS OF 26.65', A CHORD
BEARING OF N79"32'55"E AND A CHORD OF 37.21' TO A POINT, THENCE S56-10'09"E 19.38' TO A POINT, THENCE
ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 96.74', A RADIUS OF 504.72', A CHORD BEARING OF
S61"39'36"E , AND A CHORD LENGTH OF 96.59' TO A POINT; THENCE S60°47'40"E 35.57' TO A POINT; THENCE
S72°53'00"E 44.13' TO A POINT; THENCE S78'36'00"E 57.23' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT
HAVING A LENGTH OF 16.35', A RADIUS OF 24.00', A CHORD BEARING OF S59°05'10"E, AND A CHORD LENGTH OF
16.04' TO A POINT; THENCE N89"49'00"E 46.40' TO THE TRUE POINT OF BEGINNING; THENCE S89'49'08"W 7.34'
TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 7.83', A RADIUS OF 24.00', A CHORD
BEARING OF N49'02'53"E , AND A CHORD LENGTH OF 7.80' TO A POINT; THENCE S82"40'58"E 5.47' TO A POINT;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 16.42', A RADIUS OF 18.87', A CHORD BEARING OF
531"53'48"W , AND A CHORD LENGTH OF 15.91' TO A POINT; THENCE 501-17'46"E 9.98' TO A POINT; THENCE
S10°33'54"W 27.83' TO A POINT; THENCE 506"00'00"E 20.92' TO A POINT; THENCE S05"33'37"E 28.19' TO A
POINT; THENCE N56°10'09"W 27.05' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF
3.79', A RADIUS OF 25.00', A CHORD BEARING OF NO2"43'39"E , AND A CHORD LENGTH OF 3.79' TO A POINT;
THENCE N07°04'29"E 65.30' TO THE POINT OF BEGINNING AND CONTAINING 0.033 ACRES.
Depiction on following page.
202200008022 PG 022
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202200008022 PG 023
EXHIBIT E
LAMI Description and Depiction for
Rehab Center Parking Easement Area
BEGINNING AT A POINT; SAID POINT BEING AT THE INTERSECTION OF THE EAST LINE OF SEMINOLE TRAIL {LI.S.
ROUTE 291 AND THE SOUTH LINE OF GREENBRIER DRIVE (STATE ROUTE 866); THENCE ALONG THE SOUTH LINE OF
GREENBRIER DRIVE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 41.19', A RADIUS OF 26.65', A CHORD
BEARING OF N79'32'55"E AND A CHORD OF 37.21' TO A POINT; THENCE 556'10'09"E 19.38' TO A POINT; THENCE
ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 96.74', A RADIUS OF SD4.72', A CHORD BEARING OF
561'39'36"E , AND A CHORD LENGTH OF 96.59' TO A POINT; THENCE S60-47.40"E 35.57' TO A POINT; THENCE
S72'53'00"E 44.13' TO A POINT; THENCE 578'36'00"E 57.23' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT
HAVING A LENGTH OF 16.35, A RADIUS OF 24.00, A CHORD BEARING OF 559'05'10"E, AND A CHORD LENGTH OF
16.04' TO A POINT; THENCE NW49-00"E 46.40' TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A
LENGTH OF 12.36', A RADIUS OF 30.00', A CHORD BEARING OF S18-52-41"W , AND A CHORD LENGTH OF 12.27' TO
A P01NT; THENCE S07'D4'29"W 65.39 TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF
3.79', A RADIUS OF 25.00', A CHORD BEARING OF S02'43'39"W , AND A CHO RO LENGTH OF 3.79' TO A P01NT;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 23.80, A RADIUS OF 25.00', A CHORD BEARING OF
S28`53'40"E, AND A CHORD LENGTH OF 22.91' TO A POINT; THENCE S56'10'09"E 77.24' TO A POINT; THENCE
ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 45.55', A RADIUS OF 29.00', A CHORD BEARING OF
S11'10'13"E , AND A CHORD LENGTH OF 41.01' TO A POINT; THENCE S56'10'09"E 20.50 TO THE TRUE POINT OF
BEGINNING; THENCE 533'49'51"W 111.50' TO A POINT; THENCE S56'10'09"E 65.00' TO A POINT; THENCE
N33'49'51"E 111.50' TO A POINT; THENCE N56'10'09"W 65.00' TO THE POINT OF BEGINNING
AND CONTAINING 0.166 ACRES.
u
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202200008022 PG 024
EXHIBIT F
Leeal Description and Depiction for
Rehab Center Access Easement Area
BEGINNING AT POINT; SAID POINT BEING AT THE INTERSECTION OF THE EAST LINE OF SEMINOLE TRAIL (U.S.
ROUTE 29) AND THE SOUTH LINE OF GREENBRIER DRIVE (STATE ROUTE 866); THENCE ALONG THE SOUTH LINE OF
GREENBRIER DRIVE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 41.19', A RADIUS OF 26.65', A CHORD
BEARING OF N79"32'SS"E AND A CHORD OF 37.21' TO A POINT; THENCE S56-10'09"E 1938' TO A POINT; THENCE
ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 96.74', A RADIUS OF 504.72', A CHORD BEARING OF
S61'39'36"E, AND A CHORD LENGTH OF 96.59' TO A POINT; THENCE S60'47'40"E 35.57' TO A POINT; THENCE
S72'53'00"E 44,13' TO A POINT; THENCE S78"36'00"E 57.23' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT
HAVING A LENGTH OF 16.35', A RADIUS OF 24.00', A CHORD BEARING OF 559-05'10"E, AND A CHORD LENGTH OF
16.04' TO A POINT; THENCE N89°49'00"E 46.40' TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A
LENGTH OF 12-36', A RADIUS OF 30.00% A CHORD BEARING OF S18°52'41'W , AND A CHORD LENGTH OF 12.27' TO
A POINT; THENCE 507'04'29"W 6530' TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF
3.79', A RADIUS Of 25,001, A CHORD BEARING OF S02'43'391-W , AND A CHORD LENGTH OF 3.79' TO THE TRUE
POINT OF BEGINNING; THENCE ALONG ACURVE TO THE LEFT HAVING A LENGTH OF 23.80', A RADIUS OF 25.00', A
CHORD BEARING OF S28-S3'40"E , AND A CHORD LENGTH OF 22.91' TO A POINT; THENCE 556'10'09"E 77.24' TO A
POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 45.55', A RADIUS OF 29.W, A CHORD
BEARING OF 511'10'13"E, AND A CHORD LENGTH OF 41.01' TO A POINT; THENCE N56°10'09"W 24.00' TO A
POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF TV, A RADIUS OF S.00', A CHORD BEARING
OF N11"10'33"W, AND A CHORD LENGTH OF 7.07' TO A POINT; THENCE N56"10'09"W 114.13' TO A POINT; THENCE
N07°04'29"E 38.64' TO A POINT; THENCE S56°10'091 33.92' TO THE POINT OF BEGINNING AND CONTAINING
0.090 ACRES.
And
BEGINNING AT A POINT; SAID POINT BEING AT THE INTERSECTION OF THE EAST LINE OF SEMINOLE TRAIL (U.S.
ROUTE 29) AND THE SOUTH LINE OF GREENBRIER DRIVE (STATE ROUTE 866); THENCE ALONG THE SOUTH LINE OF
GREENBRIER DRIVE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 41.19', A RADIUS OF 26.65', A CHORD
BEARING OF N79'32'55"E AND A CHORD OF 37.21' TO A POINT; THENCE S56'10'09"E 19-38' TO A POINT; THENCE
ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 96.74', A RADIUS OF 504.72', A CHORD BEARING OF
561`39'36"E , AND A CHORD LENGTH OF 96.59' TO A POINT; THENCE S60"47'40"E 35.57' TO A POINT; THENCE
572'53'00"E 44.13' TO A POINT; THENCE S78-36'00"E 57.23' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT
HAVING A LENGTH OF 16.35', A RADIUS OF 24.00', A CHORD BEARING OF S59'05'10"E , AND A CHORD LENGTH OF
16.04'TO A POINT; THENCE N89'49'00"E 46.40'TO APOINT; THENCE ALONG A CURVE TO THE LEFT HAVING
LENGTH OF 12.36', A RADIUS OF 30.00', A CHORD BEARING OF 518'52'41"W , AND A CHORD LENGTH OF 12.27' TO
A POINT; THENCE 507'04'29"W 65.30' TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF
3.79', A RADIUS OF 25.00', A CHORD BEARING OF S02-43-39"W , AND A CHORD LENGTH OF 3.79' TO A POINT;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 23.80', A RADIUS OF 25.00', A CHORD BEARING OF
528-53'4D"E , AND A CHORD LENGTH OF 22.91' TO A POINT; THENCE S56"10'09"f 77.24' TO A POINT; THENCE
ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 45.55', A RADIUS OF 29.OD', A CHORD BEARING OF
S11"10'13"E , AND A CHORD LENGTH OF 41.01' TO A POINT; THENCE S56'10'09"E 20.50 TO A POINT; THENCE
S33"49'51"W 102.00' TO THE TRUE POINT OF BEGINNING; THENCE S56'10'09"E 50.69' TO A POINT; THENCE
S35'24'00"W 10.00' TO A POINT; THENCE N56"10'09"W 70.39' TO A POINT; THENCE N33'49'51"E 0.50' TO A
POINT; THENCE S56'10'09"E 19.97' TO A POINT, THENCE N33-49'51"E 9.50' TO THE POINT OF BEGINNING
AND CONTAINING 0.012 ACRES
Depiction on following page.
202200008022 PG 025
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202200008022 PG 026
EXHIBIT H
Depiction for
Greenbrier Drive Turn lane Dedication Atxn
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202200008022 PG 027
INSTRUMENT # 202200008022
E-RECORDED IN THE CLERK'S OFFICE OF
ALBEMARLE ON
JUNE 30, 2022 AT 03:13PM
JON R. ZUG, CLERK
RECORDED BY: MEB