HomeMy WebLinkAboutZMA201600014 Deed Zoning Map Amendment 2008-02-22 Page 1 of 10
Instrument Control Number x 0 2 3 5 6
Commonwealth of Virginia
Land Record Instruments 11111111111111111111 I `[ry,I `
Cover Sheet-Form A '4���IlIIN�I��I�����
[ILS VLR Cover Sheet Agent 1.0.68) Rec Id: 02128/22081 T02:. D0E
Recorded: 02/28/2008 a at 02:21:01 PM
Fee Amt: $14,ii6.32 Page i of 10
Albemarle County VA
T C Date of Instrument: [2/22/2008 1 DebFilra 2e Sheee023erk
AR 0 Instrument Type: [DBS ] BK3556 PG525-534
E p Number of Parcels [ 1]
X Number of Pages [ 8]
E
M City❑Countyx[] [Albemarle County ] (Box for Deed Stamp only)
p First and Second Grantors
Y, _, I Last Name I First Name 1 Middle Name or initial 1 Suffix 1
— [Granger,IV I[Gordon ][ I[ ]
-
[ 11 I[ l[ ]
First and Second Grantees
Last Name [ First Name 1 Middle Name or Initial I Suffix 1
❑ ❑ [Stribling Holdings,LLC ][ ][ ][ ]
❑ ❑ [Morris )[Lucy )[C. ]I l
Grantee Address (Name) [Stribling Holdings,LLC ]:
(Address 1) [321 E,Main Street Suite 201 ]
(Address 2) [ I
(City,State,Zip) [Charlottesville ] [VA] [22902 ]
Consideration[3,250,000.00 ]Existing Debt[0.00 ] Assumption Balance 10.00 ]
Prior Instr.Recorded at:City ❑ County❑ I 1 Percent.in this Juris. [ 100)
Book [ ] Page [ ] Instr.No [ ]
Parcel Identification No(PIN) [ ]
Tax Map Num. (if different than PIN) [07600-00-00-02400 ]
Short Property Description [68.772 acres off State Route 782 )
[ ]
Current Property Address(Address 1) [ ]
(Address 2) [ I
(City,State,Zip) [ ][ I[ ]
Instrument Prepared by [Martin&Raynor ]
Recording Paid for by [Republic Title ]
Return Recording to (Name) [Williams Mullen ]
(Address 1) [321 E.Main Street ]
(Address 2) [Suite 400 ]
(City,State,Zip) [Charlottesville ][VA)[22902 ]
Customer Case ID I ] [ l[ )
ti 44 r4''. '.. 1,, ,,
' '4,P
Cover Sheet Page#1 of 2 `y'� f. }1• '1+1 '! Of 4
i71� i i I,
Book: 3556 Page: 525 FileNumber: 2008-00002356 Seq: 1
Page 2 010
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form B
[ILS VLR Cover Sheet Agent 1.0.66]
-6- Date of Instrument: [2/22/2008 ]
A R R 0 Instrument Type: [CBS ]
X AAR
N N P Number of Parcels [ 1]
ETT
X 0 E Number of Pages [ 8)
E R E (Box for Deed Stamp Only)
M
City E County 0 [Albemarle County ]
Grantors/Grantees/Parcel Continuation Form B
P
.1_ _ r Last Name I First Name I Middle Name or Initial I Suffix
0 0 0 [Granger ][Jean ][M. J(
0 0 0 [ ]f I f IC 1
EEE 0 [ IC IC H 1
El 1:1 0 0 i, II If IC I
0 0 0 0 [ I I )f J f 1
0 0 0 0 [ it ]( II I
EEC 0 0 [ I f If I f I
0 0 0 0 ( If II II l
0 0 0 0 [ I f If JE 1
0 0 0 0 [ If lf If 1
0 0 0 0 [ If Jr If i
0 0 0 0 [ H H IF i
0 0 0 0 [ II It 1 f ]
0 0 0 0 [ II IC 1 f I
0 CI 0 0 [ IL H IL I
0 0 0 0 [ H H H ]
Prior instr,Recorded at:City I: County EJ [ ] Percent.in this Juris. [ ]
Book [ ] Page [ ] Instr.No [ I
Parcel Identification No(PIN) [ ]
Tax Map Num. (If different than PIN) [ ]
Short Property Description [ i
[ 1
Current Property Address(Address 1) [ I
(Address 2) [ I
(City,State,Zip) [ IC It I
111311
i
Cover Sheet Page#2 of 2
Book: 3556 Page: 525 FileNumber: 2008-00002356 Seq: 2
Page 3 of 10
002356
PREPARED BY: MARTIN&RAYNOR,P.C,
1228 Cedars Court
Charlottesville,Virginia 22903
PH:(434)817-3100 Fax:(434)817-3110
Name of Title Insurance for Instrument:Old Republic National Title Insurance Company
Tax Map: 07600-00-00-02400
THIS DEED made this 22nd day of February,2008,by and between GORDON
GRANGER,IV,Grantor,and STRIBLING HOLDINGS,LLC,a Virginia limited liability
company,Grantee,whose address is 321 East Main Street,Suite 201,Charlottesville,Virginia
22902,and LUCY C.MORRIS and JEAN M.GRANGER,Second Grantees.
WITNESSETH:
That for and in consideration of the exchange of like-kind property between GORDON
GRANGER,IV("Exchangor"),and APPALACHIAN ESCROW OF
CHARLOTTESVILLE INC.,a Virginia corporation,("Intermediary"),pursuant to the terms
and conditions of a certain unrecorded Exchange Agreement dated January 28,2008,entered into
by and between Exchangor and Intermediary,in an exchange qualifying under Section 1031 of
the Internal Revenue Code of 1986,as amended,and at the direction of Intermediary,and for and
in consideration of the sum of One Million Eight Hundred Ninety-Four Thousand Three Hundred
Twenty-One and 00/100 Dollars($1,894,321.00)by cash in hand paid to the Intermediary by the
Grantee and One Million Three Hundred Fifty-Five Thousand Six Hundred Seventy-Nine and
00/100 Dollars($1,355,679.00)by cash in hand paid to Grantor by the Grantee,the receipt of
which is hereby acknowledged,the Grantor does hereby GRANT,BARGAIN AND SELL and
CONVEY with GENERAL WARRANTY OF TITLE and,subject to the matters hereinafter set
forth,with ENGLISH COVENANTS OF TITLE,unto the said Stribling Holdings,LLC,a
Virginia limited liability company,all that certain lot or parcel of land,with improvements
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•
Page 4 of 10
thereon and appurtenances thereto,described in Schedule A attached hereto,hereinafter referred
to as the"Property."
Grantor (i) reserves for himself and his heirs, descendents, devisees,executors, and
administrators,and(ii)grants to Second Grantees and their heirs,descendants,devisees,executors
and administrators,the perpetual right,privilege and easement for the continuation of the private
family grave sites, burial plots and cemetery, currently located in the northwest portion of the
Property between Moore's Creek and Interstate 64,and all markers,monuments,memorials and
headstones desirable in connection therewith(the"Cemetery Easement Area").The location of the
Cemetery Easement Area is shown more particularly on that certain ALTAJACSM Title Survey of
Roudabush, Gale & Associates, Inc, dated March 20, 2001, and entitled "Plat Showing
ALTA/ACSM TITLE SURVEY OF Parcel 24,Tax Map 76 Containing 69,427 Acres Also Known
As#400 Stribling Avenue Extended Located on State Route 781"with reference being made to such
plat with respect to the approximate location of the Cemetery Easement Area,subject to the terms
and conditions otherwise set forth in the Deed.
Notwithstanding any other term,condition,reservation or grant to the contrary,the maximum
dimensions of and area and boundary for the Cemetery Easement Area shall conform to a perimeter
measured from the exterior limits of the foundations anchoring the posts supporting the chains or
fences to be installed by the Grantor around the Cemetery Easement Area under rights reserved
herein, provided in the event the Grantor does not install such chains or fences (including the
foundation anchoring the posts supporting such chains or fences),the maximum dimensions of and
area and boundary for the Cemetery Easement Area shall be a square area with two(2)parallel lines
running Thirty Five feet(35')in length by two(2)parallel lines running Thirty Five feet(35)in
length,encompassing the Cemetery Easement Area.
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Book: 3556 Page: 525 FileNumber: 2008-00002356 Seq: 4
Page 5 of 10
For the purpose of exercising the rights reserved and granted herein with respect to the
Cemetery Easement Area, Grantor further (i) reserves for himself and his heirs, descendents,
devisees, executors and administrators, and (ii) grants to Second Grantees and their heirs,
descendants,devisees,executors and administrators(1)an easement for reasonable vehicular access
over and vehicular parking on or along such private roads and parking areas as may now or hereafter
exist on the Property solely for the purpose of use and enjoyment of and for ingress to and egress
from the Cemetery Easement Area (the "Private Road Easement"); provided, however, that
notwithstanding any other term,condition,reservation or grant to the contrary,so long as Grantee or
its successors and assigns designates a reasonable alternate public road or alternate Private Road
Easement for the use of Grantor and Second Grantees for ingress to and egress from the Pedestrian
Access Easement(as hereinafter defined),Grantee and its successors and assigns shall have the right
to shift,relocate,close or abandon any private roads and parking areas comprising all or any portion
of the Private Road Easement as determined by Grantee or its successors and assigns in their sole
discretion at any time or from time to time in order to accommodate any development,operation
and/or use of the Property;and(2)an easement for(A)reasonable vehicular access over and across
the Property for visiting the Cemetery Easement Area and for ingress to and egress from the
Cemetery Easement Area along the route presently used by the Grantor to access the Cemetery
Easement Area,which route is presently accessed overland from a point on the existing driveway
serving the main residence on the Property across Moore's Creek in a path to the Cemetery Easement
Area, provided any such reasonable vehicular access permitted under this clause(2)(A) shall be
limited solely for the purpose of direct access,ingress to and egress from the Cemetery Easement
Area and used in a manner so as to minimize any permanent effects and/or damages caused to the
Property as result of such access, ingress and egress (together, the "Direct Vehicular Access
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Page 6 of 10
Easement"), and(B)reasonable pedestrian access over and across the Property for visiting the
Cemetery Easement Area and for ingress to and egress from the Cemetery Easement Area along the
overland route of the Temporary Vehicular Access Easement presently used by the Grantor to access
the Cemetery Easement Area (the "Pedestrian Access Easement"); provided, however, that
notwithstanding any other term, condition, reservation or grant to the contrary, Grantee and its
successors and assigns shall have the right(I)to close and abandon the Direct Vehicular Access
Easement as determined by Grantee or its successors and assigns in their sole discretion at any time
or from time to time in order to accommodate any development,operation and/or use of the Property,
and(II)to shift and relocate all or any portion of the Pedestrian Access Easement over and across the
Property along such other alternative route(s)or path(s)on or about the Property as determined by
Grantee or its successors and assigns in their sole discretion at any time or from time to time in order
to accommodate any development, operation and/or use of the Property, provided any such
alternative route(s)or path(s)of the Pedestrian Access Easement provides a reasonably convenient
connection point to and from a public road or alternate Private Road Easement for reasonable
pedestrian access over and across the Property for visiting the Cemetery Easement Area and for
ingress to and egress from the Cemetery Easement Area and such alternative route(s) of the
Pedestrian Access Easement along with the Cemetery Easement Area shall be evidenced in a
subsequent instrument recorded by Grantee or its successors and assigns as the case may be in the
Clerk's Office of the Circuit Court of Albemarle County,Virginia.
Grantor shall have the right(i)to enclose the Cemetery Easement Area by installing such
posts,chains and other suitable fences and foundations and anchors for the same,along the perimeter
lines of the Cemetery Easement Area, and (ii) to replace and erect monuments, headstones,
memorials and markers within the Cemetery Easement Area,and the right but not the obligation to
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. Page 7 of 10
maintain any such posts, chains and fences, foundations and anchors, monuments, headstones,
memorials and markers once installed,all at the sole cost and expense of Grantor and his heirs,
descendents,devisees,executors and administrators,who shall have reasonable access for ingress to
and egress from the part of the Property which immediately adjoins the Cemetery Easement Area for
purposes of such maintenance,provided Grantor for himself and his heirs,descendents,devisees,
executors and administrators,covenants and agrees to repair any damages to roads,property,fences
or other improvements outside the boundaries of the Cemetery Easement Area caused as the result of
the installation and/or maintenance of any such fencing enclosing the Cemetery Easement Area.
Grantor and Second Grantees shall have the right at their own expense to maintain and
upkeep the surface areas along the route and path of the Direct Vehicular Access Easement and the
Pedestrian Access Easement (together the"Access Easements"), and to trim and cut trees and
shrubbery in or near the Access Easements and obstructing the path of travel,and remove rocks and
other obstructions blocking the path of travel over and across the Access Easements, provided
Grantor and Second Grantees shall restore as nearly as possible the surface areas to their original
condition after such maintenance and removal is completed. Grantor and Second Grantees will
provide reasonable advance notice to Grantee or its successors and assigns prior to undertaking
significant maintenance and/or removal activities on or about the route and path of the Access
Easements.
Grantee covenants and agrees to maintain the Cemetery Easement Area in a neat and orderly
manner,excluding any fencing and its appurtenances installed around the perimeter of the Cemetery
Easement Area by Grantor.
Grantee covenants and agrees to incorporate the foregoing provisions of this deed pertaining
to the Cemetery Easement Area and the vehicular and pedestrian access easements thereto in any
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Declaration, statement of subdivision or similar document imposing covenants, conditions,
restrictions,reservations and/or easements on the Property herein conveyed in connection with the
development of the Property by Grantee,its successors and assigns.
The easements,covenants,conditions,restrictions and reservations,reserved,granted and
imposed herein shall run with the land and bind and inure to the benefit of the parties hereto and the
successors and assigns of the Grantee and the heirs, descendants, devisees, executors, and
administrators of the Grantor and the Second Grantees.
The property hereby conveyed is subject to any and all easements,restrictions,
reservations and conditions contained in duly recorded deeds,plats and other instruments
constituting constructive notice in the chain of title to the above described property,which have
not expired by a time limitation contained therein or have not otherwise become ineffective,and
to any lien inchoate or otherwise,for real estate taxes or assessments,not yet due and payable.
[SIGNATURES ON FOLLOWING PAGE]
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Page 9 of 10
WITNESS the following signatures and seals:
GRANTS ':
Gorth Granger,IV
STATE OF VIRGINIA
CITY OF CHARLOTTESVILLE
The foregoing deed was acknowledged before me this ay of February,2008,by
Gordon Granger,IV,
�'1 i�14AL
(Noo plic
My Commission expires: 62.1928" aK)/cQ,.
Virginia Notary ID: _313Co I
Seal/Stamp:
GEORGINA 1.a. LAMS
Hwy Public GRANTEE:
Commonwoallh of Virginia
313619 ,p ,201a STRIBLING HOLDINGS,LLC
My Commlwlon atxokos fob a Virgin' limit d 'ability co pang
By: I (SEAL)
� )
Andrew J.Dondero,Vice President
STATE OF VIRGINIA
CITY OF CHARLOTTESVILLE
The foregoing deedwas acknowledged before me this 20112fay of February,2008,by
Andrew J.Dondero,Vice President of Stribling Holdings,LLC.
Not Pub1)9ct/
My Commission expires:
Virginia NotaryID; {D
GEORGINA 1.8.LAMS
Seal/Stamp: dory PARC
Commonwoolm of Vkginio
36e012.
My Commlulon Ex13pirna19 Fob Alt
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Book: 3556 Page: 525 FileNumber: 2008-00002356 Seq: 9
Page 10 of 10
Schedule A
All that certain parcel or tract of land,with improvements thereon and appurtenances
thereto,situated in Albemarle County,Virginia,on the northwest side of State Route 781,and
the west side of State Route 782,containing 68,772 acres,more or less,shown as Tax Map Sheet
76,Parcel 24,and being all of the residue of that certain parcel or tract of land containing 144 3/4
acres,more or less,as shown on a plat by John H.Simms.,S.A.C.,dated December 16,1895,
and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed
Book 104,page 295,after deducting therefrom the off-conveyances of 39.158 acres,recorded in
Deed Book 153,page 177,3/4 of an acre,recorded in Deed Book 324,page 73, 1 1/2 acres,
recorded in Deed Book 329,page 525,and 6 acres,recorded in Deed Book 462,page 246;and
after further deducting therefrom all that certain tract or parcel of land,containing 28.57 acres,
more or less,taken by the Commonwealth of Virginia by Certificate of record in Deed Book 431,
page 155;being the residue of the property conveyed to Gordon Granger,IV by deed of Margaret
R.Granger,unmarried,dated July 11, 1963,recorded in the aforesaid Clerk's Office,in Deed
Book 389,page 475.
RECORDED IN CLERKS OFFICE OF
ALBEMARLE COUNTY ON
February 26,2008 AT 2:21:04 PM
$3,250.00 GRANTOR TAX PD
AS REQUIRED BY VA CODE@58.1.802
STATE:$1,825.00 LOCAL:$1,825.00
ALBEMARLE COUNTY,VA
DEBRA M.SHIPP CLERK
1570195
\\Mr2\usors\glemblCllonts-2008\A-M\Granger IV,Gordon 04.321.1(S)\DEED-relinquished property.DO6'2/22/2008 9:5I AM
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