HomeMy WebLinkAboutSUB201600193 Agreements 2017-07-24This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers 08900-00-00-02500, 10100-00-00-002A1, and 10100-00-00-00200
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and/or 58.1-811(C)(4) and from Clerk's
fees under Virginia Code § 17.1-266.
DEED OF EASEMENT
THIS DEED OF EASEMENT, dated this day of v/ 20is between
WRIGHT 104, LLC, a Virginia limited liability company, Grantor, hereinafter referred to as the
"Grantor," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, hereinafter sometimes referred to as the "County," whose address is
401 McIntire Road, Charlottesville, Virginia, 22902, and the ALBEMARLE COUNTY PUBLIC
RECREATIONAL FACILITIES AUTHORITY, a public body established pursuant to Virginia
Code § 15.2-5600 et seq., whose address is 401 McIntire Road, Charlottesville, Virginia, 22902;
the County and the Albemarle County Public Recreational Facilities Authority are hereinafter
collectively referred to as the "Grantees."
WITNESSETH
R-1. WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
R-2. WHEREAS, the Property is a portion of lands owned by the Grantor that are being
developed as a rural preservation development under Albemarle County Code § 18-10.3.3;
R-3. WHEREAS, a rural preservation development is an optional form of subdivision that is
intended to encourage more effective land use in terms of the goals and objectives of the Rural
Areas section of the Albemarle County Comprehensive Plan than can be achieved under
conventional development;
R-4. WHEREAS, the Property is the rural preservation tract, which is restricted by this deed to
ensure that it is maintained and preserved to preserve agricultural and forestal lands and
activities, to provide water supply protection, and to conserve natural, scenic or historic
resources;
R-5. WHEREAS, the Grantees are authorized to acquire open space easements over qualifying
properties in order to accomplish the purposes of the Open -Space Land Act (Virginia Code §
10.1-1700 etseq.);
R-6. WHEREAS, the Grantor desires to establish an open space easement on the Property
described herein for the purpose of preserving such lands as open space in perpetuity; and
R-7. WHEREAS, the rural preservation development is an optional form of development
chosen by the Grantor and this conveyance is with its full consent.
NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the Grantor hereby grants, conveys, covenants and agrees as follows:
1. GRANT AND CONVEYANCE OF EASEMENT.
The Grantor hereby grants and conveys to the Grantees and their successors and assigns, with
GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, an open -space easement
(the "Easement") in gross over the Property described below, restricting in perpetuity the use of
the Property in the manner set forth herein:
All that certain lot, parcel, or tract of land shown and described as "Rural Preservation
Tract A" on that certain plat titled "Rural Preservation Subdivision Plat Lots 1 Thru 7, Lots
9 Thru 16, Special Lot, And Rural Preservation Tract A, Greenloft Farms," prepared by
Roger W. Ray & Associates, Inc, dated September 7, 2016, last revised March 27, 2017,
and recorded immediately prior hereto.
The Property is also identified in the County's tax maps as portion(s) of Parcel ID Numbers 08900-
00-00-02500, 10100-00-00-002A 1, and 10100-00-00-00200, and is a portion of the same property
conveyed to Grantor herein by the deed of Donald O. Manning, Executor of the Estate of William
W. Wright, dated January 16, 2011, recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 4122, page 715, and by the deed of Jonathan T. Wren,
Special Commissioner, dated May 6, 2015, recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 4619, page 1.
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2. USES AND ACTIVITIES.
In order to accomplish the purposes of the Rural Preservation Development regulations (Albemarle
County Code § 18-10.3.3) and the Open -Space Land Act (Virginia Code § 10.1-1700 et seq.), the
Property shall be subject to the following restrictions:
A. Division of the Property and boundary line adjustments. The Property may not be
divided, and its boundary lines may be adjusted only as provided herein:
1. Division. The Property shall not be divided or subdivided.
2. Boundary line adjustments. If the Property consists of more than one parcel,
boundary line adjustments within the Property shall be approved if the adjustment is consistent
with the Easement.
B. Construction, installation, location, placement of structures and improvements.
There shall be no construction, placement or maintenance of any structure or improvements on the
Property unless the structure or improvements are either on the Property as of the date of this
Easement or are authorized as follows:
1. Types of structures. No permanent or temporary building or structure shall
be built or maintained on the Property other than:
(a) one (1) single-family dwelling unit,-
(b)
nit;
(b) accessory structures such as non-residential outbuildings, swimming pools, boat
storage structures, decking detached from the single-family dwelling unit, gazebos, garages, and
tool sheds, but excluding accessory dwelling units, or guest houses, guest cottages, "mother-in-
law" units or any other structures used for permanent or temporary human habitation; and
(c) farm buildings or structures.
Any structure permitted by this paragraph may be repaired, reconstructed, or replaced in a manner
that is consistent with this Easement; provided that the repair, reconstruction or replacement of the
structure is permitted by and complies with all applicable regulations.
2. Size of structures. No farm building or farm structure shall exceed a
structural footprint of four thousand five hundred (4,500) square feet unless prior written
permission for a greater footprint is obtained from each Grantee.
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3. Improvements. Driveways and other improvements and facilities
customary and related to the use of a single lot may be constructed, installed, located or placed on
the Property, provided they are otherwise consistent with this Easement.
C. Commercial and industrial uses prohibited; description of uses not deemed to be
commercial and industrial uses. No industrial or commercial uses shall be conducted on Property;
provided, however, that the following uses are not deemed to be commercial or industrial uses for
purposes of this Easement and are specifically permitted:
1. De minimis commercial recreational uses.
2. Agricultural uses including, but not limited to, establishing, re-establishing,
maintaining or using cultivated fields, orchards or pastures (including clearing woodland areas for
conversion to crop or pastureland) in accordance with generally accepted agricultural practices,
including horticultural specialties; livestock, including all domestic and domesticated animals; and
livestock products. Agricultural lands shall be maintained using Best Management Practices. The
processing of agricultural products is not a permitted agricultural use, except as an accessory use.
3. Forestal uses including, but not limited to, reforestation, site preparation, timber
harvesting and forest management activities undertaken to produce wood products and/or improve
the health and productivity of the woodland. Timber harvesting is permitted only in accord with
a timber harvesting plan approved in writing by the Grantees; provided, the clearing of dead wood
and the cutting of firewood for the personal on-site use of the residents of the Property may be
performed without a timber harvesting plan. Following all timber harvesting operations, all
logging roads and skid trails shall be adequately maintained to minimize erosion and the
degradation of streamwater quality. The processing of wood products is not a permitted forestal
use, except as an accessory use.
4. Temporary or seasonal activities that do not permanently alter the physical
appearance of the Property and are otherwise consistent with this Easement including, but not
limited to, the sale of agricultural products grown or raised on the Property, and the granting of
licenses to enter and use the Property for hunting or fishing.
5. Activities that can be and in fact are conducted within permitted buildings,
without material alteration to the external appearance thereof.
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6. Uses subordinate and customarily incidental to a principal use of the Property
that are not expressly prohibited by and are otherwise consistent with this Easement.
7. Uses or activities not expressly excepted herein, but that are determined by the
Grantees in writing not to be a commercial or industrial use, to be consistent with all other terms
and conditions of this Easement, and to not interfere with the essential resources of the Property
to be protected by this Easement. In making these determinations, the Grantees may consider,
among other things, whether the scope of a use or activity excepted herein has evolved over time
as a result of changes in the law or customary practices.
D. Billboards and signs. There shall be no display of billboards, signs or other
advertisements on the Property, except to: (1) state solely the name of the Grantor, the name of the
farm, and/or the address of the Property; (2) advertise the sale or lease of the Property; (3) advertise
the sale of goods or services produced as permitted by this Easement; (4) give directions to visitors;
or (5) provide warnings pertaining to trespassing, hunting, dangerous conditions and other similar
such warnings. No sign shall exceed fifteen (15) square feet.
E. Grading. hlastuw,. eartll removal and Grading, blasting, earth removal, fill
or waste activity shall not materially alter the topography of the Property; provided (1) that grading,
blasting or earth removal shall be allowed (a) for dam construction to create private conservation
ponds or lakes, and (b) during the construction of permitted structures or associated improvements,
and (2) that such activities (a) employ applicable Best Management Practices and (b) are approved
in writing by each Grantee. The drilling of wells for on-site consumption and common agricultural
activities such as plowing, erosion control and restoration, the burial of dead animals, and timber
harvesting activities are not activities that materially alter the topography of the Property. Mining
on the Property is prohibited.
F. Management of agricultural and forestal resources. Applicable Best Management
Practices, as established by a responsible state agency, shall be used in all construction, agricultural
and forestal activities to control erosion and protect water quality.
G. Accumulation of waste material. There shall be no accumulation or dumping of
trash, refuse or junk on the Property. This restriction shall not prohibit customary agricultural,
horticultural or wildlife management practices including, but not limited to, establishing brush,
compost or manure piles.
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3. MISCELLANEOUS PROVISIONS
A. No public right of access to Property. This Easement does not create, and shall not
be construed to create, any right of the public to enter upon or to use the Property or any portion
thereof, except as the Grantor may otherwise allow.
B. Easement applies to the whole Property and runs with the land. This Easement
shall apply to the Property as a whole rather than to individual parcels, and shall run with the land
and be binding upon the parties, their successors, assigns, personal representatives, and heirs.
C. Enforcement. In addition to any remedy provided by law to enforce the terms of
this Easement, the parties shall have the following rights and obligations:
Monitoring. Representatives of either Grantee may enter the Property from
time to time for the purpose of inspection and enforcement of the terms of this Easement after
permission from or reasonable notice to the Grantor or the Grantor's representative.
2. Restoration. Upon any breach of any term of this Easement by the Grantor,
each Grantee may require by written demand to the Grantor that the Property be restored promptly
to the condition required by this Easement.
3. Action at law inadequate remedy. It is conclusively presumed that an action
at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or any
attempted breach or violation, of any term of this Easement.
4. Failure to enforce does not waive right to enforce. The failure of either
Grantee to enforce any term of this Easement shall not be deemed a waiver of the right to do so
thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term.
5. No third party right of enforcement. Nothing in this Easement shall create
any right in the public or any third party to maintain any suit or action against any party hereto.
D. Notice of proposed transfer or sale. The Grantor shall notify each Grantee in
writing within ten (10) days after closing on any transfer or sale of the Property. In any deed
conveying all or any part of the Property, this Easement shall be referenced by deed book and page
number in the deed of conveyance and shall state that this Easement is binding upon all successors
in interest in the Property in perpetuity.
E. Relation to applicable laws. This Easement does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
Con
F. Reference to existing laws. All references to existing laws shall include such laws
as they may be hereafter amended or recodified, whether they are referenced herein or not.
G. Severability. If any provision of this Deed is determined to be invalid by a court of
competent jurisdiction, the remainder of this Deed shall not be affected thereby.
H. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia.
1. Authority to convey easement. The Grantor covenants that it is vested with good
title to the Property and may convey this Easement.
J. Authority to accept easement. Each Grantee is authorized to accept this Easement
pursuant to Virginia Code § 10.1-1701. The County, acting by and through its Director of
Community Development, accepts the conveyance of this property pursuant to Virginia Code §
15.2-1803, as evidenced by the Director's signature hereto and the recordation of this Deed.
K. Transfer of easement by grantee. Neither Grantee nor their successors and assigns
may convey or lease this Easement unless the conveyance or lease is conditioned as follows: (1)
the conveyance or lease is subject to contractual arrangements that will assure that the Property is
subject to the restrictions and conservation purposes set forth in this Easement, in perpetuity; and
(2) the transferee is an organization then qualifying as an eligible donee as defined by section
170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury
Regulations promulgated thereunder, or is a public body within the meaning of Virginia Code §
10.1-1700.
L. Construction. This Easement shall be construed to promote the purposes of this
Easement, the Rural Preservation Development regulations and the Open -Space Land Act.
M. Request for approval. Whenever approval by the Grantees is required, the request
for approval must be submitted in writing prior to commencement of the use or activity for which
approval is sought. The request shall be submitted to the Clerk of the Albemarle County Board of
Supervisors and to the Chairman of the Albemarle County Public Recreational Facilities Authority.
Each approval must be in writing. The failure of the either Grantee to approve or disapprove a
request within forty-five (45) days of its receipt shall cause the request to be deemed approved.
N. Extinguishment. The Grantor and the Grantees intend that this Easement be
perpetual and not be extinguished, and extinguishment of this Easement is not permitted under the
Open -Space Land Act, Virginia Code § 10.1-1700 et seq. Restrictions set forth in this Easement
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can be extinguished only by judicial proceeding and only if such extinguishment also complies
with the requirements of Virginia Code § 10.1-1704. In any sale or exchange of the Property
subsequent to such extinguishment, the Grantee County shall be entitled to a portion of the
proceeds at least equal to the proportionate value of the perpetual conservation restriction
computed as set forth below, but not to be less than the proportionate value that the perpetual
conservation restriction at the time of the extinguishment bears to the then value of the Property
as a whole. The Grantor agrees that the donation of the perpetual conservation restriction in this
Easement gives rise to a property right, immediately vested in the Grantees with a fair market
value that is at least equal to the proportionate value that the perpetual conservation restriction at
the time of the gift bears to the value of the Property as a whole at that time. The Grantees shall
use all of their share of the proceeds from the sale of the Property in a manner consistent with the
conservation purposes of this Easement and of the Open -Space Land Act. No part of the Property
may be converted or diverted from open space uses as herein defined except in accordance with
Virginia Code § 10.1-1704.
O. No warranty by grantees as to qualification for charitable gift. The Grantor and the
Grantees hereto agree and understand that any value of this Easement claimed for tax purposes as
a charitable gift must be fully and accurately substantiated by an appraisal from a qualified
appraiser as defined in Internal Revenue Service regulations (see 26 C.F.R. § 1.170A -13(c)(5)),
and that the appraisal is subject to review, audit and challenge by all appropriate tax authorities.
The Grantees make no express or implied warranties regarding whether any tax benefits will be
available to the Grantor from this Easement, whether any such tax benefits might be transferable,
or whether there will be any market for any tax benefits that might be transferable.
P. Consent of trustee and beneficiary to subordinate lien. By deed of trust dated
February 7, 2017, of record in the Albemarle County Circuit Court Clerk's Office in Deed Book
4875, page 428, the Grantor conveyed the subject Property to Craige L. Smith and Kimberly F.
Shrewsbury, Trustees, to secure an outstanding obligation owed to United Bank, Beneficiary.
Pursuant to the authorization of the Beneficiary, as evidenced by its signature hereto, the Trustees
join in this deed to subordinate the lien of such deed of trust to the easement conveyed hereby.
WITNESS the following signatures and seals.
[SIGNATURES BEGIN ON THE NEXT PAGE]
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GRANTOR
WRIGHT 104, LLC
Alan R. Taylor, Man
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF :
The foregoing Deed of Easerneni was signed, sworn to and acknowledged before me this
V44`- day of �,,��,,� , 2ok-L by Alan R. Taylor, Manager on behalf of Wright 104,
LLC, Grantor.
,•••.••`� Mar I owe
•�?SPOLL CY 4J0
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Notary Public - �EG. #76336e4
My Commission Expires: �. �.(� _ o MVCp►KM1 o
Registration Number: '� tQ ��s�-1 ? r xP1RFs JON'
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[SIGNATURES CONTINUE ON FOLLOWING PAGE] ''FgcrH of J�Q•O••
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BENEFICIARY
UNITED BANK
Jr. President
COMMONWEALTH Ol: VIRGINIA
CITY/COUNTY OF t (A
Thc, foregoin Deed of Easement 1 was signed, sworn to and acknowledged before me this
day of by Jai rs J. Consagra, Jr. Pr. i& 11iS *)Talf of United
S yy �
Sank, Beneficiary. R .�`�GP SMoiiwFq
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GISTRATION NO.
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of PUbllc _ MYCOMM'7.EXPIRES:
My Commission Expires: g' 3 08!3112018 _
Registration number: 06 24 �,,�i,,y0jF.!!IRG� G
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[SIGNATURES CONTINUE ON THE NEXT PAGE]
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TRUSTEE
COMMONWEALTI-I OF YIRGINIA
CITY/COUNTY OF , f �( J
Thi foregoil Deed of F.as�ment was signed, sworn to and ackno�dL��l"l'�(rFg1e me this
GAG( day o' by C 1g I... Smith Trustee. ��`�� ps Rpt
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REGISTRATION NO.
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My Commission Expires: 08/31/2018
Registration number: r% CQQ (Q �04
FTARY ........
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[SIGNATURES CONTINUE ON THE NEXT PAGE]
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TRUSTEE
.,J Kimbe 1 F. Shrewsbury
COMMONWEAL -1-1 I O VIRGINIA
CITY/COUNTY OPa(
X11 Illlllff �
TJ�e�foregoiT Deed of Luse e 1 was signed, sworn to and ackn�,oN��i�dfjre me this
day of by K• n erly F. Shrewsbury�a`r(JA�'wfq��y
REGISTRATION NO.
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My Commission Expires: of �Ro�r„11
Registration number: _ �p .01ARY PC,
[SIGNATURES CONTINUE ON THE NEXT PAGE]
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COUNTY OF ALBEMARLE, VIRGINIA
By:00-10,
Mark B. Graham
Director of Community Development
COMMONWEALTH OF VI G IA
O/COUNTY OF
The foregoing Deed f Ea.vement was signed, sworn to and acknowledged before me this
day of , .g24?- by Mark B. Graham, Director of Community
Development, on bel adTofAKe County of Albemarle, Virginia, Grantee.
Notary Public
My Commission Expires: '///9
Registration Number:
CAS Tz
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13
ALBEMARLE COUNTY PUBLIC RECREATIONAL
FACILITII�S UTHORITY
By:
I laiTilton *Moses, III
Chairman
MONWEALTH OF VI
CIT OUNTY OFG'
The foregoi g D cl of Easement was signed, sworn to and acknowledged before me this
1�day of Hamilton Moses, III, Chairman, on behalf of the
Ibemarle COUntPubliAecreational Facilities Authority, Grantee.
t
Notary Public : `,O\���NI� ✓�
My Commission Expires: 1
Registration Number: _ Z10
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Approved as to form: '�,���,� N 0'�..4 �•
By:
C y to e
14
Prepared by:
Mary Katherine McGetrick, Esq.
Williams Mullen
321 E. Main Street, Suite 400
Charlottesville, VA 22902
Tax Map and Parcel Numbers 101-2, 101-2A1, 101-2B & 2C, 89-25
DECLARATION
The PRIVATE STREET MAIETENANCE AkGREEMENT (hereinafter, the
"Agreement") is made this day J[,-- of Py I rA, 2016, by
WRIGHT 104, LLC, a Virginia limited liability comp y (hereinafter, the "Declarant"),
whose address is 707 East Jefferson Street, Charlottesville, Virginia 22902.
WHEREAS, the Declarant(s) is the owner of certain parcels of land known as
Albemarle County Tax Map Numbers 101-2, 101-2A1, 101-213 & 2C, 89-25, and
pursuant to the deeds recorded in Deed Book 4122, page 715 and Deed Book 4619, page
1 (the "Property"); and
WHEREAS, the Property be subdivided by the Declarant into Lots 1 through 7,
Lots 9 through 16, Special Lot and Rural Preservation Tract A, as shown and described
on a plat by Roger W. Ray & Assoc., Inc., dated September 7, 2016, entitled "RURAL
PRESERVATION SUBDIVISION PLAT LOTS 1 THRU 7, LOTS 9 THRU 16,
SPECIAL LOT, AND RURAL PRESERVATION TRACT A, GREENLOFT FARMS,
THE PROPERTY OF WRIGHT 104, LLC, ALSO NEW 50' PRIVATE STREET
EASEMENT (HENLEY DRIVE) AND EXISTING 30' PRIVATE STREET AND
PRIVATE ACCESS EASEMENTS HEREBY EXTINGUISHED LOCATED ON
STATE ROUTE 706 (DUDLEY MOUNTAIN ROAD) SAMUEL MILLER
MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA", a copy of which is
recorded in the Clerk's Office of Albemarle County, Virginia in Deed Book , page
_ and made part of this Agreement (hereinafter, the "Plat"); and
WHEREAS, the access easement shown on the Plat as "NEW 50' PRIVATE
STREET EASEMENT" will be a new fifty (50) foot non-exclusive ingress and egress
easement (hereinafter, the "Street") for the use and benefit of all Lots shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon Lots 1 through 7 and
Lots 9 through 16, a Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum fifty (50)
foot wide base of paved surface, and maintained in perpetuity to substantially the same
condition it was in when approved by the County. The travelway shall at all times be
maintained so that it is safe and convenient for passenger automobiles and emergency
vehicles at all times except in severe temporary weather conditions.
MAINTENANCE: For purposes of this instrument, `maintenance', includes the
maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage
facilities, utilities, dams, bridges and other private street improvements, and the prompt
removal of snow, water, debris, or any other obstruction so as to keep the private street or
alley reasonably open for usage by all vehicles, including emergency services vehicles.
The term "to maintain," or any derivation of that verb, includes the maintenance,
replacement, reconstruction and correction of defects or damage.
COST OF MAINTENANCE: The owner(s) of Lots 1 through 7 and Lots 9 through 16
shall be equally responsible for the cost of the maintenance of, and or repair to the Street,
from the entrance onto State Route 706 to the termination of the Street as shown on the
Plat between Lot 10 and Lot 11. Any further division of Lots 1 through 7 and Lots 9
through 16 shall require the reassessment of cost to be equally shared by all owners using
of the Street. No public agency, including the Virginia Department of
Transportation and the County of Albemarle, Virginia, will be responsible for
maintaining any improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Street, any further
construction, maintenance or repair shall be undertaken only with the mutual consent of
all owners, provided that in the event that one of the owners determines that the Street is
not safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions and such owner gives 30 days prior
written notice to all other owners using the Street, such owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard and the charges
therefore shall be the responsibility of all owners using the Street.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of
the costs of maintenance or repair for which he/she is responsible, as provided
hereinabove, any other owner not in default, or the person or corporation performing such
maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay his/her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance; and the
delinquent Owner shall be liable to pay all costs of collection, including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
WRIGHT 104, LLC
BY:
i�—
Alan R. Taylor, M ager
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OFto-wit:
The foregoing Declaration was
acknowledged before me this � �!' day of , 2016, by Alan R. Taylor, as
Manager of Wright 104, LLC.
f
Notary Public
``,,,,Is 7 l/1 I1,''
My commission expires: �.�j� .�C-�1� `=�°� � . H�?,,e,,141
32259536 LDDC = F �QISSIWyyQQ �yY : U
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This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map Parcel 08900-00-00-02500, 10100-00-00-00200, 10100-00-00-002A1, 10100-00-00-
002B0, 10100-00-00-002CO
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3)_
DEED OF DEDICATION AND EASEMENT
THIS DEED OF EASEMENT is made this day of by and
between Wright 104, LLC, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a
political subdivision of the Commonwealth of Virginia, Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of that certain real property (hereinafter the
"Property'l located in Albemarle County, Virginia, more particularly described as follows_
That certain real property shown and designated as "Drainage Easement, SWM
Access/Maintenance Easement, SWM Access Road Easement, and SWM Forest and
Open Space Easement" to be dedicated to public use, shown on the plat of Roger W. Ray
& Assoc., Inc_ dated September 7, 2016, Iast revised March 27, 2017, entitled Rural
Preservation Subdivision Plat Lots 1 thru 7, Lots 9 thru 16, Special Lot, and Rural
Preservation Tract A Greenloft Farms, a copy of which is attached hereto to be recorded
with this deed (hereinafter, the "Easement" and the "Plat"). Reference is made to the Plat
for a more particular description of the easement conveyed herein.
WHEREAS, the Property is described further as a portion of that certain lot or parcel of land
situated in the Samuel Miller Magisterial District of the County of Albemarle, Virginia,
described as Albemarle County Tax Map Parcel 08900-00-00-02500, 10100-00-00-00200,_
10100-00-00-002A1 10100-00-00-002B0 10100-00-00-002CO as recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia, in Deed Book/P e 4619/1
4122/715, hereinafter called the "Property"; and
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities
and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's
Office in Deed Book 4879, page 713, in which the Grantor has agreed to construct and maintain
on-site stormwater management/BMP facilities; and
Version: 03/31/17
WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permission
to the County, including its authorized agents and employees, to enter upon the Property and to
inspect the stormwater management/BMP facilities whenever the County deems necessary; and
the Maintenance Agreement also provides in part that, in the event the Grantor, its successors
and assigns, fails to maintain the stormwater management/BMP facilities in good condition
acceptable to the County, the County may enter upon the Property and take whatever steps
necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies_
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey an
Easement for public use in accordance with this Deed of Dedication and Easement.
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash
in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its
successors and assigns, a perpetual easement as shown on the Plat and as referred to herein as the
Easement
The Easement shall be subject to the following:
1. Right of ingress and egress. The Grantee and its authorized agents and employees shall
have the right and easement of ingress and egress over the Property to perform all acts to which
the parties have agreed it may perform under the Maintenance Agreement.
2. Ownership of the facilities. The stormwater management/BMP facilities required to be
constructed and maintained by the Grantor under the Maintenance Agreement shall be and
remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed
to be an assumption of ownership or control by the Grantee over the stormwater management/
BMP facilities subject to the Maintenance Agreement.
3. No obligation on Grantee to inspect or maintain_ This Deed of Dedication and Easement
shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain
the stormwater management/BMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign The Grantee shall have the right to assign this Easement as its
interests may require.
5. Binding effect. The Easement and the rights and obligations established herein shall run
with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their
2
Version: 03/3 i!i 7
successors and assigns_ All references herein to the "Grantor" and the "Grantee" include their
respective successors and assigns. All references to the "Grantee," when exercising any right or
obligation herein, includes the Grantee's officers, employees and agents_
6. Termination of Easement. if the Grantor, or its successors or assigns, desires to alter or
vacate a portion or all of the easement(s), the Easement may be adjusted accordingly if the
County Engineer certified in writing that the proposed modifications meet requirements of
9VAC25-870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be
amended in the future_ In addition to meeting these requirements, the Grantor shall mitigate for
any loss of nutrient credit reductions provided in the stormwater calculations for the Property
described in the Maintenance Agreement as a result of such alteration or vacation_ Upon
termination of any portion of the Easement(s), any reside of the Easement shall remain subject to
this Deed of Dedication and Easement. The termination of any portion of the Easement(s) shall
be recorded, at the sole expense of the Grantor, in the Circuit Court of Albemarle County upon
approval of the Albemarle County Attorney.
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the
conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed
Version: 03/31/17
WITNESS the following signatures.
GRANTOR:
OWNER:
Wright 104, LLC
rA"—c llt'�L= --
Alan R. Taylor, Jr.
Manager
COMMONWEALTH OF VIRGWA
CITY/COUNTY OFh
r�
The foregoing instrument was acknowledged before me this day of M
2� I by Alan R Taylor, Jr., Manager.
My Commission Expires: 12-/'21/ 2e 1 k
Registration number: -7 & � S 2 /o4
BROOKE ALEXANDRA DEZIO
NOTARY PUBLIC
REG, #E7665266
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DEC. 31, 2019
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version_ 03/31/17
Wright VX, LLC
- Graves
Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Albemarle-
The
Ibemar-le-
The foregoing instrument was acknowledged before me this day of
14 LM ZD 11 by Steven W. Graves, Manager.
otary Public
My Commission Expires: t' -I51 2 o+ °l BROOKE ALEXANDRA DEZIO
NOTARY PUBLIC
Registration Number. REG. #7665266
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DEC 31 27'9
GRANTEE: C Gl
V
uglas er
Interim County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this /&-"4 day of Aloj
c by Douglas C. Walker, Interim County Executive, on behalf of the County of Alb6marle,
Virginia, Grantee.
NotaryPublic
My Commission Expire tf j 44-j611, 1
j
Registration number: E� -�/ q _
Approved as to form:
(�Jfn F� Ao--t7 r—
I
C ty Attorney
Version_ 03/31/27
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Numbers 08900-00-00-02500, 10100-00-00-002A1, and 10100-00-00-00200
This deed is exempt from taxation under Virginia Code §§ 58.1-81I(A)(3) and/or 58.1-811(C)(4) and from Clerk's
fees under Virginia Code § 17.1-266.
DEED OF EASEMENT
THIS DEED OF EASEMENT, dated this day of , 20_, is between
WRIGHT 104, LLC, a Virginia limited liability company, Grantor, hereinafter referred to as the
"Grantor," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, hereinafter sometimes referred to as the "County," whose address is
401 McIntire Road, Charlottesville, Virginia, 22902, and the ALBEMARLE COUNTY PUBLIC
RECREATIONAL FACILITIES AUTHORITY, a public body established pursuant to Virginia
Code § 15.2-5600 et seq., whose address is 401 McIntire Road, Charlottesville, Virginia, 22902;
the County and the Albemarle County Public Recreational Facilities Authority are hereinafter
collectively referred to as the "Grantees."
WITNESSETH
R-1. WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
R-2. WHEREAS, the Property is a portion of lands owned by the Grantor that are being
developed as a rural preservation development under Albemarle County Code § 18-10.3.3;
R-3. WHEREAS, a rural preservation development is an optional form of subdivision that is
intended to encourage more effective land use in terms of the goals and objectives of the Rural
Areas section of the Albemarle County Comprehensive Plan than can be achieved under
conventional development;
R-4. WHEREAS, the Property is the rural preservation tract, which is restricted by this deed to
ensure that it is maintained and preserved to preserve agricultural and forestal lands and
activities, to provide water supply protection, and to conserve natural, scenic or historic
resources;
R-5. WHEREAS, the Grantees are authorized to acquire open space easements over qualifying
properties in order to accomplish the purposes of the Open -Space Land Act (Virginia Code §
10.1-1700 et seq.);
R-6. WHEREAS, the Grantor desires to establish an open space easement on the Property
described herein for the purpose of preserving such lands as open space in perpetuity; and
R-7. WHEREAS, the rural preservation development is an optional form of development
chosen by the Grantor and this conveyance is with its full consent.
NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the Grantor hereby grants, conveys, covenants and agrees as follows:
1. GRANT AND CONVEYANCE OF EASEMENT.
The Grantor hereby grants and conveys to the Grantees and their successors and assigns, with
GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, an open -space easement
(the "Easement") in gross over the Property described below, restricting in perpetuity the use of
the Property in the manner set forth herein:
All that certain lot, parcel, or tract of land shown and described as "Rural Preservation
Tract A" on that certain plat titled "Rural Preservation Subdivision Plat Lots 1 Thru 7, Lots
9 Thru 16, Special Lot, And Rural Preservation Tract A, Greenloft Farms," prepared by
Roger W. Ray & Associates, Inc, dated September 7, 2016, last revised March 27, 2017,
and recorded immediately prior hereto.
The Property is also identified in the County's tax maps as portion(s) of Parcel 1D Numbers 08900-
00-00-02500, 10100-00-00-002A 1, and 10100-00-00-00200, and is a portion of the same property
conveyed to Grantor herein by the deed of Donald O. Manning, Executor of the Estate of William
W. Wright, dated January 16, 2011, recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 4122, page 715, and by the deed of Jonathan T. Wren,
Special Commissioner, dated May 6, 2015, recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 4619, page 1.
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2. USES AND ACTIVITIES.
In order to accomplish the purposes of the Rural Preservation Development regulations (Albemarle
County Code § 18-10.3.3) and the Open -Space Land Act (Virginia Code § 10.1-1700 et seq.), the
Property shall be subject to the following restrictions:
A. Division of the Property and boundary line adjustments. The Property may not be
divided, and its boundary lines may be adjusted only as provided herein:
1. Division. The Property shall not be divided or subdivided.
2. Boundary line adjustments. If the Property consists of more than one parcel,
boundary line adjustments within the Property shall be approved if the adjustment is consistent
with the Easement.
B. Construction, installation, location, placement of structures and improvements.
There shall be no construction, placement or maintenance of any structure or improvements on the
Property unless the structure or improvements are either on the Property as of the date of this
Easement or are authorized as follows:
1. Types of structures. No permanent or temporary building or structure shall
be built or maintained on the Property other than:
(a) one (1) single-family dwelling unit;
(b) accessory structures such as non-residential outbuildings, swimming pools, boat
storage structures, decking detached from the single-family dwelling unit, gazebos, garages, and
tool sheds, but excluding accessory dwelling units, or guest houses, guest cottages, "mother-in-
law" units or any other structures used for permanent or temporary human habitation; and
(c) farm buildings or structures.
Any structure permitted by this paragraph may be repaired, reconstructed, or replaced in a manner
that is consistent with this Easement; provided that the repair, reconstruction or replacement of the
structure is permitted by and complies with all applicable regulations.
2. Size of structures. No farm building or farm structure shall exceed a
structural footprint of four thousand five hundred (4,500) square feet unless prior written
permission for a greater footprint is obtained from each Grantee.
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3. Improvements. Driveways and other improvements and facilities
customary and related to the use of a single lot may be constructed, installed, located or placed on
the Property, provided they are otherwise consistent with this Easement.
C. Commercial and industrial uses prohibited; description of uses not deemed to be
commercial and industrial uses. No industrial or commercial uses shall be conducted on Property;
provided, however, that the following uses are not deemed to be commercial or industrial uses for
purposes of this Easement and are specifically permitted:
De minimis commercial recreational uses.
2. Agricultural uses including, but not limited to, establishing, re-establishing,
maintaining or using cultivated fields, orchards or pastures (including clearing woodland areas for
conversion to crop or pastureland) in accordance with generally accepted agricultural practices,
including horticultural specialties; livestock, including all domestic and domesticated animals; and
livestock products. Agricultural lands shall be maintained using Best Management Practices. The
processing of agricultural products is not a permitted agricultural use, except as an accessory use.
3. Forestal uses including, but not limited to, reforestation, site preparation, timber
harvesting and forest management activities undertaken to produce wood products and/or improve
the health and productivity of the woodland. Timber harvesting is permitted only in accord with
a timber harvesting plan approved in writing by the Grantees; provided, the clearing of dead wood
and the cutting of firewood for the personal on-site use of the residents of the Property may be
performed without a timber harvesting plan. Following all timber harvesting operations, all
logging roads and skid trails shall be adequately maintained to minimize erosion and the
degradation of streamwater quality. The processing of wood products is not a permitted forestal
use, except as an accessory use.
4. Temporary or seasonal activities that do not permanently alter the physical
appearance of the Property and are otherwise consistent with this Easement including, but not
limited to, the sale of agricultural products grown or raised on the Property, and the granting of
licenses to enter and use the Property for hunting or fishing.
5. Activities that can be and in fact are conducted within permitted buildings,
without material alteration to the external appearance thereof.
Eli
6. Uses subordinate and customarily incidental to a principal use of the Property
that are not expressly prohibited by and are otherwise consistent with this Easement.
7. Uses or activities not expressly excepted herein, but that are determined by the
Grantees in writing not to be a commercial or industrial use, to be consistent with all other terms
and conditions of this Easement, and to not interfere with the essential resources of the Property
to be protected by this Easement. In making these determinations, the Grantees may consider,
among other things, whether the scope of a use or activity excepted herein has evolved over time
as a result of changes in the law or customary practices.
D. Billboards and signs. There shall be no display of billboards, signs or other
advertisements on the Property, except to: (1) state solely the name of the Grantor, the name of the
farm, and/or the address of the Property; (2) advertise the sale or lease of the Property; (3) advertise
the sale of goods or services produced as permitted by this Easement; (4) give directions to visitors;
or (5) provide warnings pertaining to trespassing, hunting, dangerous conditions and other similar
such warnings. No sign shall exceed fifteen (15) square feet.
E. Grading, blasting, earth removal and mining. Grading, blasting, earth removal, fill
or waste activity shall not materially alter the topography of the Property; provided (1) that grading,
blasting or earth removal shall be allowed (a) for dam construction to create private conservation
ponds or lakes, and (b) during the construction of permitted structures or associated improvements,
and (2) that such activities (a) employ applicable Best Management Practices and (b) are approved
in writing by each Grantee. The drilling of wells for on-site consumption and common agricultural
activities such as plowing, erosion control and restoration, the burial of dead animals, and timber
harvesting activities are not activities that materially alter the topography of the Property. Mining
on the Property is prohibited.
F. Management of agricultural and forestal resources. Applicable Best Management
Practices, as established by a responsible state agency, shall be used in all construction, agricultural
and forestal activities to control erosion and protect water quality.
G. Accumulation of waste material. There shall be no accumulation or dumping of
trash, refuse or junk on the Property. This restriction shall not prohibit customary agricultural,
horticultural or wildlife management practices including, but not limited to, establishing brush,
compost or manure piles.
3. MISCELLANEOUS PROVISIONS
A. No public right of access to Property. This Easement does not create, and shall not
be construed to create, any right of the public to enter upon or to use the Property or any portion
thereof, except as the Grantor may otherwise allow.
B. Easement applies to the whole Property and runs with the land. This Easement
shall apply to the Property as a whole rather than to individual parcels, and shall run with the land
and be binding upon the parties, their successors, assigns, personal representatives, and heirs.
C. Enforcement. In addition to any remedy provided by law to enforce the terms of
this Easement, the parties shall have the following rights and obligations:
Monitoring. Representatives of either Grantee may enter the Property from
time to time for the purpose of inspection and enforcement of the terms of this Easement after
permission from or reasonable notice to the Grantor or the Grantor's representative.
2. Restoration. Upon any breach of any term of this Easement by the Grantor,
each Grantee may require by written demand to the Grantor that the Property be restored promptly
to the condition required by this Easement.
3. Action at law inadequate remedy. It is conclusively presumed that an action
at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or any
attempted breach or violation, of any term of this Easement.
4. Failure to enforce does not waive right to enforce. The failure of either
Grantee to enforce any term of this Easement shall not be deemed a waiver of the right to do so
thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term.
5. No third party right of enforcement. Nothing in this Easement shall create
any right in the public or any third party to maintain any suit or action against any party hereto.
D. Notice of proposed transfer or sale. The Grantor shall notify each Grantee in
writing within ten (10) days after closing on any transfer or sale of the Property. In any deed
conveying all or any part of the Property, this Easement shall be referenced by deed book and page
number in the deed of conveyance and shall state that this Easement is binding upon all successors
in interest in the Property in perpetuity.
E. Relation to applicable laws. This Easement does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
2
F. Reference to existing laws. aws. All references to existing laws shall include such laws
as they may be hereafter amended or recodified, whether they are referenced herein or not.
G. Severability. If any provision of this Deed is determined to be invalid by a court of
competent jurisdiction, the remainder of this Deed shall not be affected thereby.
H. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia.
I. Authority to convey easement. The Grantor covenants that it is vested with good
title to the Property and may convey this Easement.
J. Authority to accept easement. Each Grantee is authorized to accept this Easement
pursuant to Virginia Code § 10.1-1701. The County, acting by and through its Director of
Community Development, accepts the conveyance of this property pursuant to Virginia Code §
15.2-1803, as evidenced by the Director's signature hereto and the recordation of this Deed.
K. Transfer of easement by grantee. Neither Grantee nor their successors and assigns
may convey or lease this Easement unless the conveyance or lease is conditioned as follows: (1)
the conveyance or lease is subject to contractual arrangements that will assure that the Property is
subject to the restrictions and conservation purposes set forth in this Easement, in perpetuity; and
(2) the transferee is an organization then qualifying as an eligible donee as defined by section
170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury
Regulations promulgated thereunder, or is a public body within the meaning of Virginia Code §
10.1-1700.
L. Construction. This Easement shall be construed to promote the purposes of this
Easement, the Rural Preservation Development regulations and the Open -Space Land Act.
M. Request for approval. Whenever approval by the Grantees is required, the request
for approval must be submitted in writing prior to commencement of the use or activity for which
approval is sought. The request shall be submitted to the Clerk of the Albemarle County Board of
Supervisors and to the Chairman of the Albemarle County Public Recreational Facilities Authority.
Each approval must be in writing. The failure of the either Grantee to approve or disapprove a
request within forty-five (45) days of its receipt shall cause the request to be deemed approved.
N. Extinguishment. The Grantor and the Grantees intend that this Easement be
perpetual and not be extinguished, and extinguishment of this Easement is not permitted under the
Open -Space Land Act, Virginia Code § 10.1-1700 et seq. Restrictions set forth in this Easement
7
can be extinguished only by judicial proceeding and only if such extinguishment also complies
with the requirements of Virginia Code § 10.1-1704. In any sale or exchange of the Property
subsequent to such extinguishment, the Grantee County shall be entitled to a portion of the
proceeds at least equal to the proportionate value of the perpetual conservation restriction
computed as set forth below, but not to be less than the proportionate value that the perpetual
conservation restriction at the time of the extinguishment bears to the then value of the Property
as a whole. The Grantor agrees that the donation of the perpetual conservation restriction in this
Easement gives rise to a property right, immediately vested in the Grantees with a fair market
value that is at least equal to the proportionate value that the perpetual conservation restriction at
the time of the gift bears to the value of the Property as a whole at that time. The Grantees shall
use all of their share of the proceeds from the sale of the Property in a manner consistent with the
conservation purposes of this Easement and of the Open -Space Land Act. No part of the Property
may be converted or diverted from open space uses as herein defined except in accordance with
Virginia Code § 10.1-1704.
O. No warranty ygrantees as to qualification for charitable gift. The Grantor and the
Grantees hereto agree and understand that any value of this Easement claimed for tax purposes as
a charitable gift must be fully and accurately substantiated by an appraisal from a qualified
appraiser as defined in Internal Revenue Service regulations (see 26 C.F.R. § 1. 1 70A- I 3(c)(5)),
and that the appraisal is subject to review, audit and challenge by all appropriate tax authorities.
The Grantees make no express or implied warranties regarding whether any tax benefits will be
available to the Grantor from this Easement, whether any such tax benefits might be transferable,
or whether there will be any market for any tax benefits that might be transferable.
P. Consent of trustee and beneficiary to subordinate lien. By deed of trust dated
February 7, 2017, of record in the Albemarle County Circuit Court Clerk's Office in Deed Book
4875, page 428, the Grantor conveyed the subject Property to Craige L. Smith and Kimberly F.
Shrewsbury, Trustees, to secure an outstanding obligation owed to United Bank, Beneficiary.
Pursuant to the authorization of the Beneficiary, as evidenced by its signature hereto, the Trustees
join in this deed to subordinate the lien of such deed of trust to the easement conveyed hereby.
WITNESS the following signatures and seals.
[SIGNATURES BEGIN ON THE NEXT PAGE]
8
GRANTOR
WRIGHT 104, LLC
By: VW j iv- V
Alan R. Taylor, Man t
er
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF-
The
V4' day ,
foregoing Deed of Easement was signed, sworn to and acknowledged before me this
by Alan R. Taylor, Manager on behalf of Wright 104,
LLC, Grantor. �,•```"oar low�''',,
NOTARY -coo,
Notary Public = RE�Puatic 5
My Commission Expires: ��. a = o MYCOM�7 '3624 .
Registration Number: ')lf1 2e2(n 2,!A �xPrRFs
T 00813112019
[SIGNATURES CONTINUE ON FOLLOWING PAGE] tTH of
A
''iieuwuUN``,
G
BENEFICIARY
UNITED BANK
James J. Consagra, Jr. President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of by James J. Consagra, Jr. President, on behalf of United
Bank, Beneficiary.
My Commission Expires:
Registration number:
Notary Public
[SIGNATURES CONTINUE ON THE NEXT PAGE]
10
TRUSTEE
Craige L. Smith
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of by Craige L. Smith, Trustee.
Notary Public
My Commission Expires:
Registration number:
[SIGNATURES CONTINUE ON THE NEXT PAGE]
TRUSTEE
Kimberly F. Shrewsbury
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of by Kimberly F. Shrewsbury, Trustee.
Notary Public
My Commission Expires:
Registration number:
[SIGNATURES CONTINUE ON THE NEXT PAGE]
12
COUNTY OF ALBEMARLE, VIRGINIA
Mark B. Graham
Director of Community Development
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of , by Mark B. Graham, Director of Community
Development, on behalf of the County of Albemarle, Virginia, Grantee.
My Commission Expires:
Registration Number: _
Notary Public
13
ALBEMARLE COUNTY PUBLIC RECREATIONAL
FACILITIES AUTHORITY
By:
Hamilton Moses, III
Chairman
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of by Hamilton Moses, III, Chairman, on behalf of the
Albemarle County Public Recreational Facilities Authority, Grantee.
My Commission Expires:
Registration Number:
Approved as to form:
County Attorney
Notary Public
14