HomeMy WebLinkAboutWPO200302301 Easements SWM/BMP Facilities Maintenance Agreement 2004-01-23Page 4 of 16
Instrument Control Number
001383
T C
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of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1,0.66]
Date of Instrument: [1/23/2004 ]
Instrument Type: [DE ]
Number of Parcels [ 3]
Number of Pages [ 14]
1111111 Illlll III VIII illll VIII VIII IIIIIIMI IMI II111 VIII lull VIII {IIIIIII
Doo ID: 000638820016 Type: DEE
Recorded: 01/23/2004 at 04:05:21 PM
Fee Amt: $43.20 Pape 1 of 16
Albemarle County VA
Shelby Marshall Clerk Circult Court
File# 2004-00001383
BK2678PG389-404
City ❑ County 0 [Albemarle County ] loux Jul ueea oJamp vniy)
First and Second Grantors
Last Name First Name I Middle Name or Initial Suffix
[Hurt ] [Charles ] [W ] [Trustee ]
[Fisher ] [Shirley ] [L ] [Trustee ]
First and Second Grantees
Last Name First Name Middle Name or Initial Suffix
(Hollymead Town Center, ] [ ] [ ] [ ]
Grantee Address (Name) [Hollymead Town Center, LLC ]
(Address 1) [care of Regency Realty Group, LLC ]
(Address 2) [8618 Westwood Center Drive - Suite 300 ]
(City, State, Zip) [Vienna ] [VA] [22182 ]
Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance (0.00 ]
Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. 1 1001
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [03200-00-00-042130, 03200-00-00-042DO ]
Tax Map Num. (if d iffere nt than PIN) [32-42B, 32-42D ]
Short Property Description [Hollymead Area B ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Instrument Prepared by
Recording Paid for by
Return Recording to (Name)
(Address 1)
(Address 2)
(City, State, Zip)
Customer Case ID
Cover Sheet Page # 1 of 2
[LeClair Ryan
[Commercial Title Group
[LeClair Ryan
[123 E Main 8th FI
(Charlottesville
[ ][
Book: 2678 Page: 389 Fi[eNumber:2004-00041383 Seq: 1
Page 2 of 16
Instrument Control Number 001383 f
7
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
[iLS VLR Cover Sheet Agent 1.0.66]
T G G C Date of Instrument: [1/23/2004 ]
A R R O Instrument Type: [DE ]
X A AR
N N P
E T
Number of Parcels [ 3]
T
X O E Number of Pages [ 141 - - . .............-- -- ............
E R E CI (Box for Deed Stamp Only)
M City ❑ County W [Albemarle County ]
P Grantors/Grantees/Parcel Continuation Form C
T Last Name First Name Middle Name or Initial Suffix
❑ ® ❑ ❑ [Post Office Land Trust ] ( ] [ ] [ ]
❑ ❑ ❑ ❑ [ ][ ][ ][ ]
❑❑❑❑ [ ][ l[ ][ l
❑❑❑❑
❑❑❑❑
C l[ ][ ]r I
Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [03200-00-00-042E0, 03200-00-00-04300 ]
Tax Map Num. (if different than PIN) [32-42E, 32-43 ]
Short Property Description [Hollymead Area B ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [03200-00-00-043A0 ]
Tax Map Num. (if different than PIN) [3243A ]
Short Property Description [Hollymead Area B ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ l
........ -
ti
sr ,
� r r
Cover Sheet Page # 2 of 2 }�
Book: 2678 Page: 389 FileNumber:2044-00041383 Seq:2
Page 3 of 16
DUellment prcpaNd by,
LeClair Ryan
123 East Main Strcct
8"' Ploor
Charlottesville, Virginia 22902
Tax map 32, Parcel s 4213, 421), 4213, 43 and 43A
DEED OF EASEMENT
Pond/stormwaterllandscape easement (Exhibit A)
1383
THIS DEED OF EASEMENT is made as of this �3 day of January, 2004 (the "Effective
Date"), by and between CHARLES WM. HURT AND SHIRLEY L. FISHER, TRUSTEES OF
THE POST OFFICE LAND TRUST ("Post Office") and HOLLYMEAD TOWN CENTER,
LLC, a Delaware limited liability company ("Hollymead," and together with Post Office, the
"Owners").
RECITALS:
R-1. Post Office is the owner of certain real property (the "Post Office Property") located in
the Rivanna Magisterial District of Albemarle County, Virginia depicted as TM 32 Par 41D on plat
of Rivanna Engineering & Surveying, PLC, dated September 15, 2003, (the "Plat") attached hereto
as Exhibit A and recorded herewith.
R-2. Hollymead is the owner of certain adjacent real property (the "Hollymead Property")
upon which I-Iollymead intends to place a commercial development (the "Project"), which property is
located in the Rivanna Magisterial District of Albemarle County, Virginia, and described more
particularly on plat of Rivanna Engineering & Surveying, PLC, dated March 7, 2003, last revised
December 18, 2003, as Lot F containing 5.16 acres, G containing 5.15 acres, Lot C containing 3.61
acres, Lot D containing 8.38 acres and Lot E containing 2.68 acres, which said plat is of record in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia, at Deed Book 2672, page 732. A
portion of the Hollymead Property is depicted on the Plat as TM 32 Par 43,
R-3. It is the desire and intent of Post Office to grant and convey easements for the
installation, construction, maintenance and use of storm water management facilities, BMP facilities
and landscaping, including the right of Hollymead to divert surface water runoff through the Post
Office Property, construct stormwater management/BMP facilities and install landscaping on the
Post Office Property in accordance with the terms of this Deed of Easement. Such easements are
depicted on the Plat as the 20' Drainage Easement #1, Stormwater Management, Construction &
Landscape Easement, and 20' Drainage Easement #2 (collectively, the "Easement Area").
R-4. It is the desire and intent of Post Office to grant and convey to Hollymead a limited
use in all the stormwater management/BMP facilities located within the Easement Area, including
but not limited to the stormwater detention pond ("Pond"), other stormwater detention ponds and
basins, storm drainage lines, storm sewer lines and other water detention, quality and drainage
structures, including building connection lines, ditches, culverts, underground pipes and all necessary
inlet structures, manholes, landscaping and appurtenances which are to be built on the Post Office
Property as shown on the Plat and as necessary (i) to meet requirements of the County for dedication
and (ii) to properly collect stormwater, transmit it through the property, detain and/or store it, protect
property from flooding, protect water quality and otherwise control stormwater runoff (the Pond and
all other facilities enumerated above, along with the Outflow as herein defined, are hereinafter
collectively referred to as the "Improvements");
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Page 4 of 16
Pondlstormwaterliandscape easement (Exhibit A)
R-5. It is the desire and intent of Hollymead to grant and convey to Post Office an easement
for the outflow of storm water from the Pond and Improvements through the drainage easements
shown on the Plat as 20' Drainage Easement #2 and 20' Drainage Easement #1 (the "Outflow");
R-6. Hollymead is required by the applicable regulations of the County of Albemarle,
Virginia (hereinafter, the "County"), as a condition of the County's approval of the Project, to install
or assure the installation and maintenance of the Improvements, and to establish and maintain
Drainage Easements #1 and #2 and the Stormwater Management and Construction Easement as
identified on the Plat;
R-7. The Easement Area and Improvements are and shall be established for the purposes of
collecting stormwater and transmitting it through and across the Project and the Post Office 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), cash in
hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Post Office does hereby GRANT and CONVEY unto Hollymead, its heirs,
administrators, personal representatives, 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.
FURTHER pursuant to such consideration, Post Office does hereby GRANT and CONVEY
unto Hollymead, its heirs, administrators, personal representatives, successors, assigns, tenants, other
occupants and permittees and their respective employees, agents, sublessees, licensees and
contractors, a perpetual, non-exclusive easement for the discharge of surface stormwater runoff,
through, over, across and into all Improvements located within the Easement Area, whether presently
existing or to be constructed by either of the Owners.
FURTHER pursuant to such consideration, Hollymead does hereby GRANT and CONVEY
unto Post Office, its heirs, administrators, personal representatives, successors and assigns, a
perpetual non-exclusive easement for the outflow and discharge of surface stormwater runoff,
including outflow of surface storm water from the Pond and the Improvements, through the Outflow.
This Deed of Easement shall be subject to the following:
1. Construction and Maintenance of Improvements. Within the Easement Area Post
Office, its successors and assigns, shall construct and maintain the Improvements, the cost of which
shall be shared pro rata by Hollymead and Post Office as provided in Paragraph 2(C) herein. The
construction of the Improvements shall be completed within six (6) months after the Effective Date.
Without in any way limiting Post Office's responsibility for constructing and maintaining the
Improvements, Hollymead, its successors and assigns, shall also have the right to construct, install,
maintain, repair and replace the Improvements as necessary to provide timely stormwater
management for the Hollymead Property, and to divide the costs and charge Post Office for its pro
rata share as provided in Paragraph 2(C) herein. Time is of the essence of this Paragraph 1 and of
each and every term, covenant and condition herein.
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Page 5 of 16
Pond/stormwater/landscape easement (Exhibit A)
A. Ownership of Improvements. All Improvements located on the Post Office
Property, whether installed by Hollymead, its successors and assigns, or any predecessor in interest,
shall be and remain the property of Post Office, its successors and assigns, unless and until such
Improvements shall be dedicated to the County. All Improvements located on the Hollymead
Property, whether installed by Post Office, its successors and assigns, or any predecessor in interest,
shall be and remain the property of Hollymead, its successors and assigns, unless and until such
Improvements shall be dedicated to the County.
B. Right of Ingress and Egress. Hollymead, its successors and assigns, shall have the
right and easement of ingress and egress over the lands of Post Office, its successors and assigns, to
public and private roads for the purpose of inspecting, maintaining and operating the Improvements.
Post Office, its successors and assigns, shall have the right and easement of ingress and egress over
the lands of Hollymead, its successors and assigns, to public and private roads as necessary to access
the Easement Area for the purpose of inspecting, maintaining and operating the Improvements.
C. Right to Inspect, Maintain and Operate Im rovements. Except as otherwise
provided herein, Hollymead and Post Office, along with their respective successors and assigns, shall
have the right to enter the Easement Area to inspect, repair, maintain and operate the Improvements.
The Improvements shall be maintained as provided in Paragraph 3 herein, whether by Hollymead or
Post Office.
D. Right to Disturb and Maintain the Easement Area. Within the Easement Area,
Hollymead and Post Office, along with their respective successors and assigns, shall have the right to
trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions
located in the Easement Area, install and maintain plantings and other landscape features and take
other similar action reasonably necessary to provide adequate and fully functioning Improvements;
provided, however, that the Owner taking such action (the "Acting Owner") shall comply with the
requirements of any landscaping plan or requirements imposed by the County of Albemarle on the
Easement Area. Further, the Acting Owner shall, at its own expense, restore the premises as nearly
as possible to their original condition, which 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 that were
damaged or destroyed by such action. However, the Acting Owner shall not be required to repair or
replace any structures, trees or other facilities located within the Easement Area, but be required only
to repair or replace ground cover within the Easement Area that was disturbed, damaged or removed
as a result of the installation, inspection or maintenance of any of the Improvements. In addition, the
Acting Owner shall, promptly upon completion of any work contemplated hereunder, remove from
the 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, the Acting
Owner 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, its transferees, successors,
assigns, agents and contractors shall have a temporary construction easement upon, over, under and
across the Post Office Property, and Post Office, its transferees, successors, assigns, agents and
contractors shall have a temporary construction easement upon, over, under and across the
Hollymead Property (together, the "Temporary Construction Easement") as necessary in order to
construct, install, maintain, repair, change, alter and replace the Improvements. This Temporary
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Page 6 of 16
Pond/stormwater/Eandscape easement (Exhibit A)
Construction Easement shall expire upon completion of the work contemplated hereunder until
further work is performed, in which event this Temporary Construction Easement shall be reinstated
as necessary during the pendency of such other work.
2. Intent to Dedicate for Public Use. It is the intent of Post Office and Hollymead to
dedicate to the County for public use and maintenance such portion or all of the Easement Area and
Improvements as the County is willing to accept. Until such public dedication is complete the
Owners agree as follows:
A. Post Office and Hollymead, along with their respective successors and assigns,
hereby grant permission to the County, its authorized agents and employees, to enter upon the Post
Office Property and the Hollymead Property to inspect the Improvements located within the
Easement Area whenever the County deems necessary. The purpose 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 Post Office and Hollymead, their successors and assigns, copies of any inspection findings
and a directive to commence with maintenance or repairs, if necessary, as provided in paragraph 3.
B. In the event the Owners, their successors and assigns, fail to maintain the
Improvements in good working condition acceptable to the County, the County may enter upon the
Post Office Property and the Hollymead Property as necessary to correct the deficiencies identified in
the inspection report, and to charge the costs of such repairs pro rata to Post Office and Hollymead as
provided in Paragraph 2(C) below. This provision shall not be construed to allow the County to erect
any structure of a permanent nature outside of the Easement Area.
C. Post Office, its successors and assigns, shall construct and maintain the
Improvements as provided in Paragraph 3 herein, except that Hollymead alone shall be responsible
for maintenance of those Improvements solely serving the Hollymead Property. In the event a
maintenance schedule for the Pond (including sediment removal) is required by the County of
Albemarle, the schedule shall be followed. Except as otherwise specifically directed herein, the costs
of constructing and maintaining the Improvements shall be borne pro rata by the Owners based on
the respective volume of the surface water contribution of each of the Owners in the watershed in
which the Improvements are located at the inception of this Deed of Easement (approximately 20%
by Hollymead and 80% by Post Office, to be confirmed by the project engineer). On an annual basis
beginning January 1, 2005, and on January 1 of each year thereafter until a maintenance easement for
the Improvements has been dedicated to the County, Post Office shall determine a reasonable annual
reserve ("Annual Reserve") to set aside for future maintenance of the Improvements, and by January
31 of each year shall send a letter to Hollymead notifying it of the amount of the Annual Reserve
along with an invoice to Hollymead for its pro rata share of same. Hollymead shall, within thirty
(30) days after receipt of such notice and invoice, either (i) agree to pay its pro rata share to Post
Office, or (ii) notify Post Office in writing that it disputes the amount of the Annual Reserve. If
Hollymead disputes the Annual Reserve amount, Post Office and Hollymead shall negotiate in good
faith a new Annual Reserve amount, or, upon request of either party, shall submit the dispute to a
panel of three individuals with experience in determining the costs of stormwater ponds and
facilities, of which the Owners shall each select one member, which members shall then agree on a
third member. The panel's determination of the Annual Reserve amount shall be conclusive and
binding upon the Owners. Failure by Hollymead either to approve or disapprove the Annual Reserve
within thirty (30) days after receipt thereof shall be deemed Hollymead's approval of the same.
Hollymead shall pay the Annual Reserve to Post Office each year within thirty (30) days after final
determination of the Annual Reserve amount. Post Office shall be responsible for maintaining the
4
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Page 7 of 16
Pond/stormwater/landscape easement (Exhibit A)
Annual Reserves in an interest-bearing account and for accounting to Hollymead for the use of such
Annual Reserves. If expenses of maintaining the Improvements for any year should exceed the
Annual Reserve for such year, Post Office may send an invoice to Hollymead for its pro rata share of
such excess, which invoice shall either be paid by Hollymead within thirty (30) days after receipt or
disputed in the same manner as the Annual Reserve amount. Otherwise, any excess in the Annual
Reserve for any year shall be applied against, and be credited toward, each party's respective share of
the Annual Reserve for the next succeeding year. Should an easement for the maintenance of the
Improvements be dedicated to the County of Albemarle or to any other state or local governmental
agency, this pro rata payment arrangement shall terminate, and any balance of Annual Reserves, after
all outstanding maintenance expenses have been paid, shall be returned to Post Office and Hollymead
respectively in the same proportion as originally contributed.
D. Notwithstanding the provisions of Paragraph C herein, Hollymead shall be
entirely responsible for maintaining those Improvements solely serving Hollymead Property as
provided in Paragraph 3 herein, at Hollymead's sole cost and expense, and Post Office shall be
entirely responsible, at its sole cost and expense, for maintaining those Improvements, if any, solely
serving the Post Office Property. Hollymead shall have a perpetual easement over the Post Office
Property, and Post Office shall have a perpetual easement over the Hollymead Property, as necessary
to perform the maintenance required hereunder.
E. In the event the County, pursuant to this Deed of Easement, performs work of any
nature directly related to the repair and maintenance of the Improvements, or expends any funds in
performance of said work or labor, use of equipment, supplies, materials and the like, the Owners
shall reimburse the County according to their pro rata shares within thirty (30) days of the receipt of
an invoice for all actual costs incurred by the County hereunder.
F. This Deed of Easement and the covenants contained herein impose no liability of
any kind whatsoever on the County, and Post Office and Hollymead agree to hold the County
harmless, on a pro rata basis, from any liability in the event the Improvements fail to operate
properly.
G. No public agency, including the County, shall be responsible for maintaining or
repairing the Easement Area or the Improvements, and in no event shall the terms of this Deed of
Easement be construed to impose any such obligation on the County.
3. Standard to which the Pond and the Improvements shall be maintained. Post Office, its
successors and assigns, shall maintain the Pond and the Improvements, except for those required to
be maintained solely by Hollymead, as provided herein so that they are in good working condition
and are able to perform their design functions, as determined by the County Department of
Engineering and Public Works. Hollymead shall be responsible for maintaining those Improvements
solely serving Hollymead Property as provided herein. For purposes of this Deed of Easement, the
term "to maintain" or any derivation of that verb shall include maintaining, repairing, replacing,
reconstructing, changing, altering and correcting the Pond or any other Improvements.
A. Periodic scheduled maintenance. The Pond and the Improvements shall be
maintained according to a maintenance schedule included with the stormwater management/ BMP
facilities plan approved by the County.
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Page 8 of 16
Pond/stormwater/Widscape easement (Exhibit A)
B, Periodic inspections and required maintenance. Post Office shall inspect the
Pond and Improvements 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 Post Office, Hollymead and the County Department of Engineering and Public Works within the
time specified by the County Department of Engineering and Public Works. The County may
inspect the Pond and Improvements when deemed necessary. If the Post Office's, Hollymead's or
County's inspector determines that the Pond or any Improvement needs maintenance, then it shall be
maintained within the earlier of the following time periods: (i) thirty (30) days of receipt of Post
Office's or Hollymead's inspector's report; (ii) within the period specified by the County; or (iii)
according to a maintenance schedule established by Post Office's or Hollymead's inspector and
approved by the County,
C. Other conditions requiring maintenance. The Pond and the Improvements shall
be maintained promptly whenever they are not in good working condition or are unable to perform
their design functions.
4. Estoppel Certificates. Within fifteen (15) days after written request by either party
hereto, the other party shall furnish to said requesting party and/or any mortgagee or purchaser of
said requesting party an estoppel certificate stating that (i) the provisions of this Deed of Easement
are in full force and effect and have 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 the terms of this Deed of Easement (or if a default so exists, stating the nature of such default)
and (iii) such other matters concerning the status of this Deed of Easement or the obligations of the
Owners hereunder as shall be reasonably requested.
5. Private Rights. Subject to Paragraph 2 hereof, the Easement Area and Improvements
are private and shall be maintained exclusively by the Post Office and Hollymead. Nothing
contained herein shall be construed as, or deemed to create, any rights for the benefit of the general
public in the Easement Area, Improvements or any other improvements now or hereafter located on
any portion of either Owner's property.
6. Matters of Record. The conveyances made and rights granted in this Deed of Easement
are made subject to all applicable easements, restrictions, covenants and conditions of record in the
chain of title to the respective parcels.
7. Notices. All invoices and notices required hereunder shall be mailed to the appropriate
party as required hereunder by certified mail, postage prepaid, and return receipt requested, or by
recognized courier service, such as FedEx or UPS, with delivery receipted, to the address reflected
below, or at such other address(es) as such party may designate, in writing, to the other party:
If to Post Office:
Charles Wm. Hurt, Trustee of the Post Office Land Trust
195 Riverbend Drive
Charlottesville, Virginia 22911
If to Hollymead:
Hollymead Town Center, LLC
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Page 9 of 16
Pond/stormwater/landscape easement (Exhibit A)
C/o Regency Realty Group, LLC
Attention; Taylor Chess
8618 Westwood Center Drive - Suite 300
Vienna, Virginia 22182
8. 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 running with the land to
the extent hereinafter provided. Except as otherwise expressly provided in this Paragraph 8, this
Deed of Easement shall be binding upon Post Office 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 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 Hollymead of any sums due hereunder (together, the
"Hollymead Obligations"); instead, Post Office hereby agrees that, during the period in which
Hollymead shall retain title to at least ten (10) acres of the Hollymead Property, Post Office shall
look solely to Hollymead for payment and performance of the Hollymead Obligations and not to any
other grantee or transferee of the Hollymead Property.
During the period in which Post Office shall retain title to at least ten (10) acres of the Post
Office Property, the grantee or other transferee (and its successors and assigns) of any conveyance or
other transfer of the Post Office Property shall not be liable under this Deed of Easement for either
the performance by Post Office of the maintenance and construction obligations hereunder or the
payment by Post Office of any sums due hereunder (together, the "Post Office Obligations"); instead,
Hollymead hereby agrees that, during the period in which Post Office shall retain title to at least ten
(10) acres of the Post Office Property, Hollymead shall look solely to Post Office for the payment
and performance of the Post Office Obligations and not to any grantee or other transferee of any
portion of the Post Office Property.
Without limiting the generality of the foregoing, if a portion of the 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 defined, then
Target and its successors and assigns shall have no liability under this Deed of Easement for payment
or performance of the Hollymead Obligations; Post Office hereby agreeing that it shall look solely to
Hollymead and any successor owner of the remainder of the Hollymead Property (subject to the
foregoing provisions of this Paragraph 8), excluding the portion thereof conveyed to Target, for
payment and performance of the Hollymead Obligations. Upon the occurrence of a conveyance or
other transfer by Hollymead of all or a portion of the Hollymead Property, after which conveyance or
other transfer the residue of such Hollymead Property retained by Hollymead shall be less than ten
(10) acres (the "Hollymead Triggering Transfer"), liability for the performance and payment of the
Hollymead Obligations thereafter shall attach to and run with ownership of that portion or portions of
the Hollymead Property transferred or conveyed pursuant to the 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 conveyance or other transfer by Post Office of all or a portion of
the Post Office Property, after which conveyance or other transfer the residue of such Post Office
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Page 10 of 16
Pond/stormwater/landscape easement (Exhibit A)
Property retained by Post Office shall be less than ten (10) acres (the "Post Office Triggering
Transfer"), liability for the performance and payment of the Post Office Obligations thereafter shall
attach to and run with ownership of that portion or portions of the Post Office Property transferred or
conveyed pursuant to the Post Office Triggering Transfer, as well as ownership of any portion or
portions of the Post Office Property then retained by Post Office.
. 9. Successors and Assigns. 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 Owners and any person claiming by, through or
under them. Subject to the provisions of Paragraph S hereof, upon any transfer or conveyance of all
or a portion of the Hollymead Property or the Post Office Property, Post Office or other transferring
party shall be automatically released from all further liability and obligations under the terms of this
Deed of Easement with respect or relating to the property so transferred or conveyed. Any
obligations contained herein shall be construed as covenants and not as conditions, and a violation of
any said covenants shall not result in a forfeiture or reversion of title to the easements herein granted.
10. Modification. The terms of 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. Severability. if any provision 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. 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.
13. Choice of Law. This Deed of Easement shall be governed by and construed in
accordance to the laws of the Commonwealth of Virginia.
[REMAINDER OF PAGE INTENTIONALLYLEFT BLANK]
Book: 2678 Page: 389 ileNumber:2004-00001383 Seq:10
Page 11 of 16
WITNESS the following signatures and seals.
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF NA i rz- AX
Pond/stormwatcrAandscapc casement (Exhibit A)
Charles Wm. Hurt, as Trustee for the Post Office
Land Trust
Shirley L. Fisher, as Trustee for the Post Office
Land Trust
HOLLYMEAD TOWN CENTER, LLC, a
Delaware limited liability company
By: Regency Realty Group, Inc., a Florida
corporation, Manager
��.
Its: TIP
The foregoing instrument was acknowledged before me this Iqr� day of Dcca n" ft._,
200 3 by Charles Wm. Hurt, as Trustee for the Post Office Land Trust.
Votaryublic
mission Expires:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF F A t f21+ �y
The foregoing instrument was acknowledged before me this day of
200 3 by Shirley L. Fisher, as Trustee for the Post Office Land Trust.
otary Public
My Commission Expires: "
9
Book: 2678 Page: 389 ileNumber:2004-00001383 Seq:11
Page 12 of 16
Pondlstormwaterllandscape easement (Exhibit A)
COMMONWEALTH OF. VIRGINIA
CITY/,F- d ' OF
The foregoing instrument was acknowledged before me this a�ay of
2001 by , CL+&s of Regency Re ty
Group, Manag of HOLLYMEAD TOWN CENTER, LLC.
Notary Public
My Commission Expires: (.o -3- LIS
10
Book: 2678 Page: 389 ileNumber:2004-00001383 Seq:12
Page 13 of 16
Pond/stormwaterARadscape casement (Exhibit A)
Exhibit A
[the Plat]
11
Book: 2678 Page: 389 ileNumber:2004-00001383 Seq:13
Page 14 of 16
Pond/staYmwater/tandscape easewnent (Exhibit A)
100 0 LOU 200 30
SCALE: 1" = 100'
ff-1 1if
TN pp���
t 0 4 _P 11111
1 \
TIMOTHY R. MILLER 1
\ CERTFiCATE No,
°-
10 0
ai. �O• —� ~ Construction, 1 Rti= pa L ANN �
5f jr
Access
asemont �. \
1 \
1 �
1 \
AKIO \ \
1 \
1
/'Af;"E 17J 1E TAM 32 Par 41D
Post Office Land Trust \ 1
58"E DB 1881-116 \ \
DB 1659-183 Piot 1 1
y� Zoned; PD -MC , \
W \ \
o\ Lr32,85 \ \\
r , R=180.00' ) \
�q93'16"E
'0760- _
TIM 32 Par
Post Office Land
Trust
C nstructlon \ \\\ DB 1661-116
DB 1659-18
r � QQ
\ 3 Plat
�......'. ` r10TI EEaACCe6sementy —���
r \ Zoned; PD -A1C
N 5013'16"E 474,39' IIk I \
C
60' Building 15' Access
RasZlc Ion Easement
l \ \
20' Utility—
Easement
Roll
TIM
Town Par 43
Center .r "'' I �✓ ~ \ 1
ym �•' ti \
Regional Service Area "B"
Drive Lane
Construction and
I y
.. ,I Cross -Access
Easement 1
� y l
' I r Slormwater
60' Building _ 2p' Management,
RaAranElon +` Fuse 7j104Q0 IConslructlon,
Jont Landscape
[ Y� i Easement
Entrance Area Construction and�"z Crasa-Access/
X70'—I Easement
10' Drainago
Easement ;
PLAT SHOWING EASEMENTS 0"
TAX MAP 32 PARCELS 41D dr 43
HOLLYMEAD TOWN CENTER
RIVANNA DISTRICT, ALBEMARLE COUNTY, VIRGINIA
SCALE 1" - 100' DATE: SEPTEMBER 15, 2003
320D43,dwg
RIVANNA ENGINEERING 6: SURVEYING, PLC
P.O. BOX 7803; CHARLOTTESVILLE, VA. 22906
P; 434.984,1599 F; 434.984.8863
Off -Site Landscaping ! / 0' San Sower
Easement � Easement
(Area 1} i
�. MH_C r
ROUTE 29 SEMINOLE TRAIL
VARIABLE WIDTH" R/W
I
I
I
I
I
I
1—
Book: 2678 Page: 389 ileNumber:2004-00001383 Seq:14
Page 15 of 16
14
CONSENT SUBORDINATION AND PARTIAL RELEASE
BY TRUSTEES AND BENEFICIARY
J. PETER RICHARDSON and W. KUDRAVETZ (the "Trustees"), and
FIRST COMMUNITY BANK, JXe.; ose address is P.O. Box 950, 211 Federal Street,
Bluefield, West Virginia 24701 (the "Beneficiary"), are, respectively, the trustees and beneficiary
under that certain Deed of Trust from CHARLES WM. HURT AND SHIRLEY L. FISHER,
TRUSTEES OF THE POST OFFICE LAND TRUST dated December 11, 1997, and recorded
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia at Deed Book 1661,
page 123 (the "Deed of Trust").
In consideration of the premises and the intent of the parties to be legally bound, the
aforesaid trustees and beneficiary do hereby JOIN IN, RATIFY and CONFIRM the foregoing
Deed of 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 from the lien of their Deed of Trust
the area within the areas depicted on the Plat as the 20' Drainage Easement #1, Stormwater
Management, Construction & Landscape Easement, and 20' Drainage Easement #2.
IN WITNESS WHEREOF, the Trustees and Beneficiary have each executed this
Consent, Subordination and Partial Release by Trustees and Beneficiary or caused it to be
executed on its behalf by their duly authorized representatives, this 23 day of 7 1A aAd j , 20Q_q.
J. Peter Richardson, Trustee for First Community
Bank,
�?,/����
W. Kudravetz, Trustee for First Community
,hw. ^ 0,
First Community Bank,. /f �'
Book: 2678 Page: 389 ileNumber:2004-00001383 Seq:16
Page 16 of 16
U/6(�'
COMA ADN -W— A r T LOF V4RGINIA
C4TY4COUNTY OF Mei-e'C r"
The foregoing instrument was acknowledged before me this %4/'-'/lz1ay of JA�17uaI'V ,
200 by J. Peter Richardson, Trustee for First Community Bank,
r
OFFICIAL SCAl. l `
�-` NOTAY ��IJr_I '
otar Publ'c
STATE OFIVE-31'V6GIIIiA y
CiITA I.OFtRAINE F'rI�LGY Commission Expires:
POST OFFICE BOX I %h3 y pC'�✓
E3LUEFIt=1.p, WV 2.410S
My commission expires Decembu 17, 2011
COMMONWEALTH OF VIRGINIA
CITY/CITY OF
The foregoing instrument was acknowledged before me this / ? P -day of (?&,,"," ,
200 Ll by David W. Kudravetz, Trustee for First Community Bank„,kis ,!�
otary Public /
My Commission Expires. I �-�3�/ Da c/
COMMONWEALTHO �ifAr(0
CITY/COUNTY OF ''JJ''
The for oing instr m t was acknowledged before me this & Aday ofLA—LA&t-A4,
200-1 by j1d, V r First Community Bin,
OFFIGIAL SEAL
(VOTARY PUBLIC
STATE OF WEST VIRGINIA
t'
ERIN 211 E CARVER tary Public p � 'u
F 211 FEDERAL ST. Commission EX Tres: [�L.1
6LUEFIELO, WV 24701
H ,IW •xe . `e� My commission expires April 30, 2013
RECORD AE) IN CL RKMAE OFFICE OF
January 23,2004 AT 4'.0521 PM
$0.00 GRANTOR TAX PD
AS REQUIRED 6Y VA CODE §58.1-802
STATE: $0.00 LOOCAU $0.00
ALeE RL
QC
011
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