PREPARED BY VDOT
UNDER SUPERVISION OF THE
OFFICE OF THE ATTORNEY GENERAL

Exempted from recordation taxes
and fees under Sections 58.1-811(A)(3),
58.1-811(C)(5), 58.1-3315, 25.1-418,
42.1-70, 17.1-266, and 17.1-279(E)

THIS DEED, made this 21st day of October, 2008, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, and the SCHOOL BOARD OF THE CITY OF CHARLOTTESVILLE, hereinafter designated as Grantor (even though more than one), and the COMMONWEALTH OF VIRGINIA, acting by and through its Department of Transportation, Grantee:

WITNESSETH: In consideration of the sum of $43,120.00 paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, the Grantor doth hereby grant and convey to the Grantee, with General Warranty and English Covenants of Title, the perpetual right and easement to construct, reconstruct, alter, operate and maintain a public street or highway, including any necessary appurtenances thereto, drainage and/or utilities, over, upon and across the lands and property of the Grantor, the area embracing the easement being situated in Rio Magisterial District in the County of Albemarle and described as follows:

Being as shown on Sheets 3 and 4 of the plans for Route 631, State Highway Project 0631-002-128, C-502, and beginning on the southeast (right) side of the Route 631 Construction Centerline from the northeast existing right of way line of present Melbourne Road opposite approximate Station 25+05 and ending on the northwest (left) side of said Centerline, the lands now or formerly belonging to the Willow Heights Land Trust, opposite approximate Station 36+20; also beginning on the southeast (right) side of the Route 631 Construction Centerline from the lands now or formerly belonging to the Willow Heights Land Trust opposite approximate Station 37+82 and ending on both sides of the said Centerline, the lands now or formerly belonging to the Willow Heights Land Trust at approximate Station 44+32. Said areas together contain 1.796 acres, more or less; together with the temporary right and easement to use the additional areas shown as being required for the proper construction of cut and/or fill slopes and trail, containing 3.722 acres, more or less. Said temporary easements will terminate at such time as the construction of the aforesaid project is completed. Also together with the permanent right and easement to use the additional areas shown as being required for the proper construction and maintenance of pipes, side approximate Station 25+61, for the proper construction and maintenance of pipes, side ditches, slopes, inlets, box culverts and storm water management basin left of approximate Station 25+77 to approximate Station 42+00, for the proper construction and maintenance of pipes right of approximate Station 25+00 to approximate Station 25+15, for the proper construction and maintenance of pipes, box culvert and slopes right of approximate Station 37+80 to approximate Station 44+30, and for the proper construction and maintenance of slopes and pipes right of approximate Station 26+00 to approximate Station 26+44 and right of approximate Station 33+09 to approximate Station 34+75, said areas together containing 2.561 acres, more or less; and being a part of the same land acquired by the Grantor from Richard L. Nunley and Julia G. Nunley, husband and wife, and Better Living, Inc., a Virginia corporation, by Deed dated June 2, 1982, and recorded in Deed Book 739, Page 735, in the Office of the Clerk of the Circuit Court of said County.

For a more particular description of the land herein conveyed, reference is made to photocopies of Sheets No. 3 and 4, showing outlined in RED the land conveyed in perpetual easement, indicated in ORANGE the land conveyed for temporary easements, and indicated in GREEN the land conveyed for permanent easements, which photocopies are hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book XIV , Page 288-289 .

AND FURTHER WITNESSETH: THAT WHEREAS, all or part of Route 631 has been designated as a Limited Access Highway in accordance with the provision of Article 4, Chapter 1, Title 33.1, ofthe 1950 Code ofvirginia, as amended;

NOW, THEREFORE, for aforesaid consideration the Grantor doth also hereby grant and convey unto the Grantee with general warranty any and all easements of access, light or air, incident to the lands of the Grantor abutting upon the Limited Access Highway, and/or upon any of its ramps, loops, or connections at and with intersecting highways, the line or lines along which the easements herein conveyed lie being described as follows:

From a point on the northwest proposed right of way and limited access line opposite approximate Station 26+00 (Route 631 Construction Centerline), the lands of the City of Charlottesville, thence along said northwest proposed right of way and limited access line to a point opposite approximate Station 36+20, the lands now or formerly belonging to the Willow Heights Land Trust.

From a point on the northwest proposed right of way and limited access line opposite approximate Station 37+98 (Route 631 Construction Centerline), the lands now or formerly belonging to the Willow Heights Land Trust, thence along said northwest proposed right of way and limited access line to a point opposite approximate Station 44+32, the lands now or formerly belonging to the Willow Heights Land Trust.

From a point on the southeast proposed right of way and limited access line opposite approximate Station 26+00 (Route 631 Construction Centerline), the lands of the City of Charlottesville, thence along said southeast proposed right of way and limited access line to a point opposite approximate Station 34+78, the lands now or formerly belonging to the Willow Heights Land Trust.

From a point on the southeast proposed right of way and limited access line opposite approximate Station 37+88 (Route 631 Construction Centerline), the lands now or formerly belonging to the Willow Heights Land Trust, thence along said southeast proposed right of way and limited access line to a point opposite approximate Station 44+28, the lands now or formerly belonging to the Willow Heights Land Trust; as indicated in DARK BLUE on the aforesaid plans.

It is covenanted and agreed that this conveyance is made pursuant to the provisions of Article 4, Chapter 1, Title 33.1, of the 1950 Code of Virginia, as amended, which shall be a covenant running with the abutting lands of the Grantor, which abut upon the Limited Access Highway and/or upon any of its ramps, loops or connection at or with intersecting highways, along the line or lines hereinabove described, as if the Article, as amended, were herein fully recited. Nothing herein contained shall be construed to convey any easement of access, light or air, incident to any lands of the Grantor abutting upon any highway other than the Limited Access Highway, ramps, loops, and connections, nor as denying the Grantor the right of ingress to and egress from any of the Grantor's lands which abut upon any service road now or hereafter constructed by the Grantee to provide access to and from the Limited Access Highway.

The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid project as they affect its property have been fully explained to its authorized representative.

The Grantor covenants and agrees for itself, its successors and assigns, that it has been made aware of its right to receive just compensation for the easements herein conveyed.

The Grantor covenants and agrees for itself, its successors and assigns, that tbe consideration hereinabove mentioned and paid to it shall be in lieu of any and all claims to compensation for the easement, and for damages, if any, which may result by reason of the use to which the Grantee will put the same.

WITNESS the following signature and seal:

CITY OF CARLOTTESVILLE VIRGINIA

By: Signature: Dave N. (SEAL)

Title: Mayor

STATE OF Virginia
CITY OF Charlottesville

The foregoing instrument was acknowledged before me this 5th day of December, 2008, by Dave Norris, Mayor of the City of Charlottesville, Virginia, a municipal corporation.

My Commission expires April 30, 2009

Notary registration No.: 188151

Signature: Barbara K. Ronan

Notary Public

SCHOOL BOARD OF THE CITY OF CARLOTTESVILLE

By: Signature: Edmund R. Michie . (SEAL)

Title: Chair

STATE OF VIRGINIA
CITY OF Charlottesville

The foregoing instrument was acknowledged before me this 11th day of December, 2008, by Edmund Michie, Chair of the School Board of the City of Charlottesville, Virginia, a municipal corporation.

My Commission expires January 31, 2010

Notary registration No.: 245615

Signature: Cecil D. Thompson, Jr.

Notary Public