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 AGREEMENT, made this 30th day of June, 2008, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, Grantor (even though more than one), and the COMMONWEALTH OF VIRGINIA, Grantee,

WITNESSETH: THAT WHEREAS, it is proposed by the Commonwealth to widen or improve McIntire Road Extended, Project U000-104-102, RW-201, from the Route 250 Bypass to Melbourne Road in the City of Charlottesville, Virginia, and the County of Albemarle, Virginia; and

WHEREAS, in the improvement it is necessary that the Grantee enter upon the lands of the Grantor located in the City of Charlottesville and in Rio Magisterial District in the County of Albemarle to extend the road slopes and/or other construction onto the lands from opposite approximate McIntire Road Extended Construction Baseline Station 8+93 to opposite approximate Station 38+90, as shown on Attachment B for the above project;

NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantor by reason of such improvement, and for the further consideration of One Dollar ($1.00) cash in hand paid to the said Grantor, receipt of which is hereby acknowledged, the Grantor grants and conveys to the Grantee the temporary right and easement to use the areas from opposite approximate McIntire Road Extended Construction Baseline Station 8+93 to opposite approximate Station 38+90, containing 22.2 acres, more or less, and as shown outlined in ORANGE on a photocopy of Anachment B, for the proper execution of the work, which photocopy is hereto attached as a part hereof and recorded simultaneously herewith in the State Highway Plat Book _________, Page _________. This temporary easement will terminate at such time as the construction of the project is completed.

ADDITIONAL CONSIDERATION: Temporary construction easement donated.

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 land herein conveyed.

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

The Grantor covenants and agrees that the consideration mentioned above and paid to it shall be in lieu of any and all claims to compensation and damages, if any, by reason of the location, construction and maintenance of route and project.

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