Prepared by:

Stafford County Attorney’s Office Consideration: $0.00 Lauren E. Lucian; VSB #80378 Tax Parcel: 21-16 Post Office Box 339 Assessed Value: $25,687,700 Stafford, VA 22555 (Grantee’s Address)

Exemption: §58.1-811(A)(3)

DEED OF RESERVATION, EASEMENT, AND GIFT

THIS DEED OF RESERVATION, EASEMENT, AND GIFT (“Deed”) made and entered into this _____ day of ______, 2021, by and between STAFFORD COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, herein referred to as “Grantor” or “County,” (Grantor/Grantee for indexing purposes); and the STAFFORD COUNTY SCHOOL BOARD, herein referred to as “Grantee.” Collectively, the County and the Grantee are sometimes referred to herein as “the Parties.”

W I T N E S S E T H:

WHEREAS, the Grantor is the owner of certain real property situated in Stafford County, Virginia, identified as Stafford County Tax Map Parcel No. 21-16 (the “Property”), as shown on the plat attached hereto, incorporated herein by reference, and to be recorded herewith, dated April 15, 2019, as last revised December 21, 2020, and entitled, “A PLAT SHOWING VARIOUS EASEMENTS AND RIGHT-OF-WAY DEDICATIONS ACROSS THE PROPERTY OF STAFFORD COUNTY, VIRGINIA BEING MONCURE ELEMENTARY SCHOOL,” prepared by Timmons Group (the “Plat”), being the same property consolidated pursuant to that plat dated January 16, 2017, entitled “PLAT OF CONSOLIDATION SHOWING 4 PARCELS OF LAND TOTALING 23.704 ACRES LYING ON THE EASTERN AND NORTHERN LINE OF JUGGINS ROAD (MONCURE ELEMENTARY SCHOOL) ROCKHILL DISTRICT STAFFORD COUNTY VIRGINIA,” and recorded as Plat Map No. PM170000028 among the land records of Stafford County, Virginia (the “Land Records”), and being a portion of that property acquired by the Grantor pursuant to General Warranty Deed dated March 21, 2012, from Thomas A. Cropp, Raymond M. Loving, James O. Loving, John C. Loving, and Cassie L. Dye, recorded as Instrument Number LR120005470 among the Land Records; and being a portion of that property acquired by General Warranty Deed dated March 21, 2012, from Jennifer J. Sedelmeyer and Jessica L. Monahan, recorded as Instrument Number LR120005469 among the Land Records; and

WHEREAS, it is the desire and intent of Grantor to reserve unto itself and any future possessor or assignee the permanent water-sanitary sewer easements, dedicate to public use the storm drainage easements, dedicate the right-of-way for public street

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purposes, and convey property to the Grantee, as more particularly set forth herein and on the Plat; and

WHEREAS, the Parties entered into a Deed of Ground Lease (“Lease”) dated March 21, 2012 and recorded in Land Records as Instrument Number LR120005471 whereby the County leased the Property to Grantee; and

NOW, THEREFORE THIS DEED WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby reserve unto itself the easement in perpetuity for a right-of-way to construct, lay, maintain, repair, inspect, improve, and operate within the exclusive easement area herein described and referred to, works and systems for the transmission of raw or treated water or sanitary sewage, over, upon, across, and under property of Grantor, as shown and designated on the Plat as “EXCLUSIVE VARIABLE WIDTH WATER-SANITARY SEWER EASEMENT (48,257 SQ. FT.) 1.108 AC.,” subject to the following conditions:

(a) Except as herein provided in subsections (b) and (c) directly below, Grantor’s rights to utilize the exclusive easement area shall be exclusive to the extent that Grantee shall grant no easement or license, nor make any covenants, which have the effect of permitting use of the exclusive easement area by anyone other than Grantor, unless approved in writing by Grantor, specifically the Department of Utilities;

(b) Grantee may, for its own purpose, utilize the exclusive easement area and shall retain a right of free ingress and egress under, over, and upon the exclusive easement area, provided that in no event shall Grantee impede the rights reserved herein unto the Grantor; and

(c) Grantee may, in accordance with all applicable terms and conditions of the Stafford County Department of Utilities Water and Sewer Design and Construction Standards, as effective as of the date of execution of this Deed ("WSDC Standards"), grant easements for the installation of utility lines and facilities by other utility providers that cross over or under the exclusive easement area provided that such utility lines and facilities are installed in accordance with the requirements of the WSDC Standards, including but not limited to, applicable vertical separation and concrete encasement requirements.

(d) That Grantor may (but is not required to) trim, cut, remove, and keep clear all trees, limbs, undergrowth, and any and all other obstructions, within the said right‐of‐way or easement areas, that may in any manner in Grantor’s judgment endanger or interfere with the proper

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and efficient operations of the works and systems therein or thereon and Grantor shall have all such other rights and privileges as are reasonably necessary or convenient for the full enjoyment and use of the easement herein reserved for the aforesaid purposes.

(e) The reservation of the easements herein described neither expressly nor impliedly constitutes any payment, nor the waiver of any obligations for the payment, by Grantee or their successors or assigns, of any cut‐in fee or charge, tax, assessment, or other charge or obligation whatsoever now due or heretofore due or hereafter to become due and payable to Grantor or to any person, firm, or other corporation whatsoever.

(f) That Grantor will exercise reasonable care to protect Grantee’s property from damage or injury occasioned in the enjoyment of the easement and rights herein reserved, and to promptly repair the property or reimburse Grantee for any property damaged beyond repair.

(g) That if Grantor does cut or fell any brush, undergrowth, or trees, or should excavations be carried on pursuant to this easement and any large‐sized rocks or boulders are unearthed and are not buried in said excavation, such brush, undergrowth, trees, large‐ sized rocks, and boulders shall, at the expense of Grantor, be removed from Grantee’s property.

(h) That Grantee shall have no right, title, interest, estate, or claim whatsoever in or to any of the lines, pipes, or other equipment and accessories installed by virtue hereof.

THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, the County does hereby dedicate the storm drainage easements for public use on those portions of the Property described as “VARIABLE WIDTH STORM DRAINAGE EASEMENT HEREBY DEDICATED (133,961 SQ. FT.) 3.075 AC.”, “VARIABLE WIDTH STORM DRAINAGE EASEMENT FOR VDOT MAINTENANCE (757 SQ. FT.) 0.017 AC.”, “VARIABLE WIDTH STORM DRAINAGE EASEMENT FOR VDOT MAINTENANCE (511 SQ. FT.) 0.012 AC.”, “VARIABLE WIDTH STORM DRAINAGE EASEMENT FOR VDOT MAINTENANCE (1,264 SQ. FT.) 0.029 AC.”, and “VARIABLE WIDTH SLOPE & DRAINAGE EASEMENT (4,858 SQ. FT.) 0.112 AC.” on the Plat.

THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, donate, and with Special

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Warranty to Grantee, in fee simple, subject to the reservations described herein. Said conveyance being more accurately described as:

All that certain parcel of land situate, lying and being in Rock Hill Magisterial District, Stafford County, Virginia, and containing 23.704 acres, more or less, as shown on that certain plat entitled, “A PLAT SHOWING VARIOUS EASEMENTS AND RIGHT-OF-WAY DEDICATIONS ACROSS THE PROPERTY OF STAFFORD COUNTY, VIRGINIA BEING MONCURE ELEMENTARY SCHOOL,” prepared by Timmons Group, dated April 15, 2019, last revised December 21, 2020, attached hereto and recorded herewith in the Clerk’s Office of the Circuit Court of Stafford County, Virginia.

LESS AND EXCEPT 0.416 acres, more or less, in fee simple, remaining with Grantor, hereby dedicated to public use for public street purposes for right-of-way as shown on the plat as “VARIABLE WIDTH RIGHT-OF-WAY HEREBY DEDICATED TO PUBLIC STREET PURPOSES (1,931 SQ. FT.) 0.044 A.C.”, “VARIABLE WIDTH RIGHT- OF-WAY HEREBY DEDICATED TO PUBLIC STREET PURPOSES (14,532 SQ. FT.) 0.334 A.C.,” and “VARIABLE WIDTH RIGHT-OF-WAY HEREBY DEDICATED TO PUBLIC STREET PURPOSES (1,677 SQ. FT.) 0.338 A.C.”

THIS DEED FURTHER WITNESSETH that the Parties hereby agree that the Lease shall no longer be necessary upon recordation of this Deed in Land Records and by the signatures of the Parties below, the Parties hereby agree and confirm that upon the recordation of the Deed in Land Records, the Lease recorded in Land Records as Instrument Number LR120005471 is hereby terminated.

THIS DEED FURTHER WITNESSETH that should the Grantee fail to declare Tax Map Parcel No. 21-136A as surplus pursuant to Virginia Code § 22.1-129 by March 2, 2022 pursuant to the Memorandum of Agreement between the Stafford County Board of Supervisors and the School Board dated March 2, 2012, the Property shall automatically revert to the County.

Grantor further covenants that it has the right to reserve, dedicate, and convey said land and easements; that Grantee shall have quiet and peaceful enjoyment and possession of said conveyance; and that Grantor will execute any such further assurances relative to said reservations, dedications, and conveyance granted herein and as may be requisite to effectuate this Deed. The reservations, dedications, and

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conveyance are made with the Grantor’s free consent, in accordance with its desires, and in accordance with the statutes of Virginia provided therefor.

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The foregoing reservations, dedications, and conveyances are hereby accepted by the County of Stafford, Virginia, as evidenced by the signature of the undersigned, who is authorized to accept the reservation on behalf of the County, as evidenced by Resolutions R03-153; and to make said dedications on behalf of the County, as evidenced by R08-474.

The foregoing conveyance is hereby made by the County as evidenced by the signature of the undersigned, who is authorized to convey the property on behalf of the County, as evidenced by Resolution R20-254, adopted by the Stafford County Board of Supervisors on September 15, 2020.

WITNESS the following signature:

GRANTOR:

STAFFORD COUNTY, VIRGINIA

By: ______Frederick J. Presley County Administrator

COMMONWEALTH OF VIRGINIA COUNTY OF STAFFORD, to-wit:

The foregoing Deed of Reservation, Easement, and Gift was acknowledged before me this ______day of ______, 2021, by Frederick J. Presley, County Administrator.

______Notary Public Printed Name: ______

My Commission Expires: ______Registration Number: ______

APPROVED AS TO FORM:

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Virginia Code § 15.2-1803

______Stafford County Attorney’s Office Printed Name:

GRANTEE:

STAFFORD COUNTY SCHOOL BOARD

By: ______Printed Name:______Title:______

COMMONWEALTH OF VIRGINIA COUNTY OF STAFFORD, to-wit:

The foregoing Deed of Reservation, Easement, and Gift was acknowledged before me this ______day of ______, 2021, by ______, ______(title) of the Stafford County School Board.

______Notary Public Printed Name: ______

My Commission Expires: ______Registration Number: ______

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