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HomeMy WebLinkAboutWPO200700044 Stormwater Management Maintenance Agree. 2009-08-12Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [8/11/2009 ] A O Instrument Type: [AG X R ) P E Number of Parcels [ 1 ] X Number of Pages [ 3] E M City ❑ Countyx0 [Albemarle County P First and Sc T Last Name First Name ❑ ❑ [Foothills Crossing, Inc. ] [ l[ X1134 IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII IIII VIII VIII IIII II Doc ID: 005160990004 Type: DEE Recorded: 08/12/2009 at 02:19:20 PM Fee Amt: $17.00 Page i of 4 Albemarle county VA Debra M. Shipp Clerk Filet! 2009-00011344 13K3784 PG5-8 ----------------- -------- (Box for Deed Stamp Only) Middle Name or In ®D --- - rirsi name I Middle Name or Initial Suffi 1-1 El [Board of Supervisors of ] [ ] [ ] [ Grantee Address (Name) [Board of Supervisors of Albemarle County, Virginia (Address 1) [401 McIntire Road (Address 2) [ (City, State, Zip) [Charlottesville ] [VA ] [22902 Consideration [0.00 ] Existing Debt [0.00 j Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County �(] [Albemarle County ] Percent. in this Juris Book [3777 j Page [397Instr[ Parcel Identification No (PIN) [05600-00-00-09500 . No Tax Map Num. (if different than PIN) [ Short Property Description [Foothill Crossing Current Property Address (Address 1) [ (Address 2) [ (City, State, Zip) [ ] [ ] [ Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County CDD [Foothills Crossing, Inc. [Pamela M. Shifflett [Albemarle County Community Development Department [401 McIntire Road, North Wing [Charlottesville ] [VA j [22902 [ j [ ][ ----------------------------------------- STORMWATER MANAGEMENT/BMP FACILITIES MAINTENAI AAbE MENT THIS AGREEMENT, made and entered into this 31 day of July 2009 by and between Foothills Crossing, Inc. (Insert Full Name of Owner) hereinafter called the "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel TMP 56-95 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 3777/397 hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as Foothill Crossing o hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the County, provides for detention of stormwater within the confines of the property; and WHEREAS, the County and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Albemarle County, Virginia, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on-site stormwater management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on-site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management/BMP facilities. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Annual Inspection Report form dated 7/17/2000 (or latest date form available) is to be used to establish what good working condition is acceptable to the County. -1- Prepared by County of Albemarle Department Community Development Revised July 7, 2006 3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grantermission to the County, ty, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. It is expressly understood and agreed that the County is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. 6. The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater management/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 7. In the event the County pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the County hereunder. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly. 9. This Agreement shall be recorded among the land records of Albemarle County, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. IBM Prepared by County of Albemarle Department Community Development Revised July 7, 2006 WITNESS the following signatures and seals: Foothills Crossing, Inc. Compan orpo t P ne hl Name (Seal) By: Andrew J. Dondero (Type Name) Vice President (Type Title) STATE OFy(V( l(\�1 6— CITY/COUNTY OF A 1 6i'Y1"lf - The foregoing Agreement was acknowledged before me this 30 day of �u�y 20 M, by , - --.--- `DdndP,w Vic, I,- >t NOTARY PUBLIC (9''C' My Commission Expires:3l 20) 3 = Q REGISTRATION No. = - 7248556 ; D _ '. MY COMM. EXPIRES: 2 01/31/2013 VIRGIN�P•''.' CO T OF ALB E, VIRGINIA �qRY PU�VG `\ r . By: , Rob rt W. Tucke Jr, (Type Name) Count Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville The foregoing Agreement was acknowledged before me this 4 th day of August 20 09 ] by Robert W. Tucker, Jr. !N S 4A N TARY UBLIC My Commission Expires: June 30, 2013 `Q: DIARY C3 Approv as to Form: *�O REG «25��m7 u 'Attorney Date RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON August 12,2009 AT 2:19:20 PM -3- $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE 558.1-802 Prepared by County of Albemarle Department Community Development STATE: $0.00 LOCAL: 0.00 Revised July 7. 2006 ALBEMARLE COUW, VA A M. SHIPP ERK OC T C A O X R P E X E M P T 0 i7 ■ MIN Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [8/11/2009 J Instrument Type: [AG ] 1343 IIIIIII III III VIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII (III IIII Doc ID: 005160960004 Type: DEE Recorded: 08/12/2009 at 02:17:27 PM Fee Amt: $17.00 Paqe i of 4 Albemarle Countv VA Debra M. Shipp Clerk File# 2009-00011343 BK3 / VT PG1'4 Number of Parcels [ 1 ] Number of Pages [ 3] ----------------------------------------------------------------------------------- City ❑ Countyx❑ [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name Middle Name or Initial Suffix [Route 240, LLC ] [ ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [Board of Supervisors of ] [ ] [ ] [ ] Grantee Address (Name) [Board of Supervisors of Albemarle County, Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ j (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 1001 Book [2012 ] Page [352 ] Instr. No [ ] Parcel Identification No (PIN) [056A2-01-00-06100 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Foothill Crossing ] [ ] Current Property Address (Address 1) ( j (Address 2) [ j (City, State, Zip) Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County CDD [Foothills Crossing, Inc. [Pamela M. Shifflett [Albemarle County Community Development Department [401 McIntire Road, North Wing [Charlottesville ] [VA ] [22902 ----------------------------------------------------- THIS AGREEMENT, made and entered into this and between Route 240, LLC 1343 31 day of July , 2009 , by hereinafter called the (Insert Full Name of Owner) "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel TMP 56A2-1-61 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 2012/352 hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as Foothill Crossing (Name of Plan/Development) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the County, provides for detention of stormwater within the confines of the property; and WHEREAS, the County and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Albemarle County, Virginia, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on-site stormwater management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on-site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management/BMP facilities. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Annual Inspection Report form dated 7/17/2000 (or latest date form available) is to be used to establish what good working condition is acceptable to the County. -1- Prepared by County of Albemarle Department Community Development Revised July 7, 2006 3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. It is expressly understood and agreed that the County is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. 6. The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater management/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 7. In the event the County pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the County hereunder. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly. 9. This Agreement shall be recorded among the land records of Albemarle County, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. -2- Prepared by County of Albemarle Department Community Development Revised July 7, 2006 WITNESS the following signatures and seals: Route 240, LLC Company/ mmame (Seal) By: Andrew J. Dondero (Type Name) Vice President (Type Title) STATE OF V�irgiMo.. CITY/COUNTY OF I��bk�e The foregoing Agreement was acknowledged before me this 20 ©q , by Ay v-zkP Do�.de-� , vire, P.r� O-sr NOTARY PUBLIC My Commission Expires: I I gl 12-013 COUNTXJOF ALBEMARLE, VIRGINIA By: "tl v Robe t W. Tucker 3D day of JUL�j (Type Name) �[ County Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville The foregoing Agreement was acknowledged before me this 4th 20 09by Robert W. Tucker, Jr. My Commission Expires: A 1-f�j NOTARY PU IC June 30, 2013 Approved as to Form: �� ty orney Date Prepared by County of Albemarle Department Community Development Revised July 7, 2006 E I RQ C9 : GO C9 : REGISTRATION NO.: Q 7248556 i y 'My COMM. EXPIRES : 2 01/31/2013 VIRGIN�P Y PUB`\\����\� day of August 13. A4 NOTARY ZN o. j OBLIC '''.�p '9FG. k2539��•''•Cj�.`� RECORDED IN CLERKS OFFICE OF _ ALBEMARLE COUNTY ON 3 August 12,2009 AT 2:17:27 PM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE 158.1-802 STATE: $0.00 LOCAL: $ .00 ALBEMARLE COUNT , K DE . SHIPP C