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Home My WebLink AboutSUB200400188 Agreements Road Plan and Comps. 2005-12-15 Instrument Control Number 1 003939 Commonwealth of Virginia Land Record Instruments Cover Sheet- Form 11111111111111111111111111 11 { 1111 Doc ID: e02g7418e005 Type: DEE [ICS VLR Cover Sheet Agenti.0.651 Recorded: 03/e9/2e06 at 01:35:02 PM Fee Amt: $22.08 Pape 1 of 5 Albemarle county. VA T ( Date of Instrument [319/2005 l ahelby flarshall Clock Circuit Court FLlerl 200E-00BB33., IR instrument Type: [AG j BK 7 2 PG , g_i 12 P Number of Parcels :Alberni jNumberofPages 4jLCity ��Countyx arle County l (Box for Deed Stamp Only) First and Second Grantors [ Last Name ; —.._First Name l Middle Name or initial L�-_ Suffix 1 1_ [Fray's Grant LIC j[ 11 11 1 L Li] [ j[ l[ l[ j First and Second Grantees _ Last Name _- First Name ._.. .,L. Middle Name or initial I Suffix _1 Li Li [County of Albemarle Vir j[ I[ l I 1 E ❑ [ 11 l[ l[ 1 Grantee Address (Name) [County of Albemarle Virginia l (Address 1) [401 McIntire Road I (Address 2) [ 1 (City,State,Zip) [Charlottesville I [VA] [22902 1 Consideration[0.00 1 Existing Debt[0.00 ] Assumption Balance [0.00 } Prior Instr.Recorded at City E.]i County Li [ l Percent in this Juris. [ 100j Book [ ] Page [ I Instr.No [ l Parcel Identification No[PIN) [19A Parcels 1-55 } Tax Map Num. (If different than PIN) [19A Parcels 1-55 l Short Property Description [Fray's Grant Subdivision l I I Current Property Address (Address 1) [ 1 (Address 2) [ l (City,State,Zip) [ 1[ 1( 1 Instrument Prepared by (Albemarle County Attorney l Recording Paid for by [Southern Development j Return Recording to (Name) [Southern Development 1 (Address 1) [170 South Pantops Drive l (Address 2) [ • j (City,State,Zip) [Charlottesville 1[VA l[22911 1 Customer Case ID [ 1 [ 11 1 I .� a Ite ‘ �•Int ii l F,,;14s'r� nl '1Z.14r4yf 4' . .,. Cover Sheet Page#1 of 1 : . ' .e r r r N,; : j,r, " 92 - This document vas prepared by: Albemarle County Attorney County of Albemarle 401 Mclntire Road Charlottesville,Virginia 22902 Tax Map 19A,Parcels 1-55 AGREEMENT FOR THE MAINTENANCE OF STREET SIGNS THIS AGREEMENT is made this 7th day of February, 2006,by and between Fray's Grant, LLC whose address is 170 South Pantops Drive, Charlottesville,VA 22911, the Grantor for the purposes of indexing,hereinafter referred to as the"OWNER," and the COUNTY OF ALBEMARLE, VIRGINIA,a political subdivision of the Commonwealth of Virginia,the Grantee for the purposes of indexing,hereinafter referred to as the"COUNTY." WITNESSETH : WHEREAS, the Owner is the owner of certain real property identified as Tax Map 19A Parcels 1-55, as depicted by plat in the land records of the Circuit Court of the County of Albemarle, Virginia at Deed Book 3074 Pages 166— 191 hereinafter called the"Property"; WHEREAS,the County has authorized the installation of special road signs on the Property (the"signs") as provided in Albemarle County Code§ 7-204(C)in conjunction with its approval of the subdivision plat known as"Fray's Grant," prepared by Rivanna Engineering & Surveying, dated September 1,2005(Phase I) and dated April 15,2005 last revised July 21,2005 (Phase TI)•(the"Plats") and, as a condition of approval of the Plats, the Owner is required to install and maintain the signs; and WHEREAS, the Owner agrees to assume all responsibility for the installation and maintenance of the signs as approved by the County and described in Attachment A. 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. Obligation shall run with the land. The Owner's obligation to maintain the signs as provided in this Agreement shall run With the land in perpetuity and shall he binding on the Owner and its successors and assigns. All references in this Agreement to the"Owner"include the Owner's successors and assigns. 2_ Standard to which si.VIn shall be maintained. The Owner shall maintain the ;igns in substantially the same condition they were in When they were installed and approved hy the County. Specifically, each sign shall at all tunes comply with the applicable sign design as described in Attachment A, and shall at all times be in good condition so that it is performing its design function. The obligation to maintain shall apply to the sign, the sigm post, sign hardware, and surrounding landscaping and soil that may prevent the sign from performing its design - 1 - 93 function. "Maintenance" or any derivative thereof includes maintenance,replacement, reconstruction and the correction ofdefects-or damage, and otherwise keeping the area surrounding the sign free and clear of soil, landscaping or the storage or accumulation of any other materials that may obstruct the sign; with respect to maintaining soil and landscaping, "maintenance"also shall include the trimming or removal of landscaping or the removal or reshaping of soil that obstructs the sign. 3. Timing or-conditions Warrantingtnaintenance of the signs. The Owner shall promptly maintain a sip when it is out of compliance with the applicable sign design as described in Attachment A., when it is nonperforming its design function, whenever the County informs the Owner in writing that one or more signs require maintenance as provided in Section 6, and whenever it is missing, damaged so that it.cannot perform its design function or is n damaged or destroyed, the.County shall install a destroyed. Whenever Ll�it4"vcr a sip-,is missing, standard temporary sign that shall remain in place until a permanent replacement sign approved by the County is installed by the Owner. The Owner shall install the approved permanent replacement sign within thirty (30) days after the County's installation of the temporary sign; provided that the County may extend the thirty (30) day period for good cause shown. 4. No public maintenance. No public agency, including the Virginia Department of Transportation and the County, shall be responsible for maintaining the signs. 5. Piattg which this A0!-eement pertains. This Agreement pertains to the Plat identified in the recitals. 6. Right of Courly.to inspect signs. The Owner hereby grants permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the signs when deemed necessary by the County or in response to citizen complaints. The County shall provide the Owner copies of the inspection findings and if necessary a directive to maintain the signs. 7. Notice of.proposed assignment or transfer. The Owner shall notify the County in writing at least ten (10) days prior to the assignment or transfer of this Agreement. 8. Recordation. This Agreement shall be recorded among the land records of the Circuit Court of the County of Albemarle, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Owner,its successors and assigns. 9. Modification. This Agreement may be modified in writing by mutual agreement of all parties. 10. Entire agreement. This Agreement represents the entire agreement of the parties hereto concerning the subject matter-hereof, and supersedes all prior understandings,whether oral or written. -2 - 94 IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed in triplicate in its name and on its behalf by its dully authorized officer as of the date,month,aux: year first hereinabove written. Fray's Grant,LLC 170 South Pant:fps Drive Charlottesville, VA 22911 By: X gl'0 V Name , _f,NC: Z . Title COUNT ' •ALB.•M ' E, VIRGINTA By:A, if At. `d . la 'ob W. Tucker 9g Coun Executive COMMONWEALTH OF VIRGTNIA GIFY/COITNTY OF.NAh -, The foregoing Agreement for the Maintenance of Street Signs was signed, sworn to and acknowledged before me this e':+Z'day of= _ _ _,'a&by ' rc:..t-a T cis .( S HC . ,on behalf of the 1::-/-01§ ErC&n ,LL-L • , Notary Publ. My Commission Expires: .1 F3i —Ce COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Albemarle The foregoing Agreement for the Maintenance of Street Signs was signed,sworn to and acknowledged before me this 2nd day of March _._ , 2ooeby Robert W. Tucker, Jr., County Executive, on behalf of the County of ATemarle, V' ginia. - Notary Public - My Commission Expires: June 30, 2009 Approve as toffo n: By: L "`-` Cour 4t o ey J - 3 - 95 r12 W - c.,- ----____—_______ 't er ` ><4, f( ,=atTcoD-p,T PoiY' rad tajr(- IR 1 .---"-:.51- E: fitry111 I t GdapE0.-- c..../fp ` J-rfi c B t S'C.?J S 5/ IL 1 l F/4h q'S U ILAr•ile r o:ro -NA610( .. o rTor-'" of C1 • Sr( Lri AC- 1 t f �' IO • I 1 1 } 1 1f . r+ I2: I( y BO-'-'711-"C /'.-1F'r f1e--Ei PCAPoru ,u.4 . : T 7 Too 1'I'E 'oA hr APprtq;?c17:,,,J(r. _—...--.. - f-T- ;----- 6 rc..r d k r"C I T . VD i 1~ '. r�C[ar.t rv4n_ I y tsts.-. oF-L4-... RECORDED IN CLERKS OFF=CE OF ALBEMARLE ON March 09,2006 AT S'36:02 FM $0.00 GRANTOR TP.X PD AS REQUIRED BY VA CODE 558.1-602 STATE 30.00 LOCAL SO.00 ALBEMARLE CO TY,VA ' HALL CLF CIRCUIT COURT .17 rRSi- _t-t.,---)_., '_ 96