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HomeMy WebLinkAboutSUB201700102 Agreements Road Plan and Comps. 2016-03-03 Page 1 of 9 VIPPNIA LAND RECORD COVER SHEEN' • FORM A-COVER SHEET CONTENT 0 0.2 6 6 2 Instrument Date: 3/3/2016 Instrument Type: ASGMT Number of Parcels: 3 Number of Pages: • [ ]City County IIIIIIIIIIIIIIIIIIAI1111I1IIIIIIIIIU1llul1llllll 111 ALBEMARLE Doc ID: 033300270009 Type: DEE TAX EXEMPT? VIRGINIA/FEDERAL LAW Recorded: 03/22/2016 at 02:52:58 PM Fee Amt: $21.00 Page 1 of 9 [ ]Grantor: Albemarle County, VA [ ]Grantee: Jon e#2016 00002662C1erk Consideration: $0.00 BK 4 7 3 6 PG5 91-5 9 9 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER§58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: Original Page Number: Original Instrument Number: Prior Recording At:[ ]City[ ]County Percentage In This Jurisdiction: 100% BUSINESS/NAME 1 [XI Grantor: LOCHLYN HILL NEIGHBORHOOD ASSOCIATION, INC. [ ]Grantor: 1 VI Grantee: COUNTY OF ALBEMARLE,VIRGINIA [ ]Grantee: GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE,VIRGINIA Address: 401 MCINTIRE ROAD City: CHARLOTTESVILLE State: VA Zip Code: 22902 Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 061A0-00-00-00200 Tax Map Number: 061A0-00-00-00200 Short Property Description: LOCHLYN HILL PHASES 1A&1B Current Property Address: -~ City:,-- State: VA Zip Code: -- Instrument Prepared By: ALBEMARLE COUNTY ATTOR Recording Paid By: ROYER CARAMANIS&MCDONOUGH Recording Returned To: ROYER CARAMANIS &MCDONOUGH PLC Address: 200-C GARRETT STREET City: CHARLOTTESVILLE State: VA Zip Code: 22902 I• i `rIi : • FORM CC-1570 Rev:7/15 Page 1 of 2 Cover Sheet A §§17.1-223,17.1-227.1,17.1-249 p d p a Copyright®2014 OfficeBoY fh�e zecuf7 6creP UUpfeme o�rt o )I N U lrb r e 2016-00002662 Seq: I Page 2 of 9' '. VIRGINIA LAND RECORD.COVER SHEET c c FORM C-ADDITIONAL PARCELS `O 0 6 6 Instrument Date: 3/3/2016 Instrument Type: ASGMT Number of Parcels: 3 Number of Pages: 6 [ ]City lxi County ALBEMARLE PARCELS IDENTIFICATION OR TAX MAP Prior Recording At:[ ]City[ ]County Percentage In This Jurisdiction: 100% Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 061A0-01-00-034A0 (Area Above Reserved For Deed Stamp Only) Tax Map Number: 061A0-01-00-034A0 Short Property Description: LOCHLYN HILL PHASES 1A& 1B Current Property Address: -- City:.-- State: VA ZIp Code: -- Prior Recording At:[ ]City[ ]County Percentage In This Jurisdiction: 100% Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 061A0-01-00-034B0 Tax Map Number: 061A0-01410-034B0 Short Property Description: LOCHLYN HILL PHASES 1A& 1B Current Property Address: -- City:,— State: VA Zip Code: -- .' '!..* 4 „ . .. ,.., . . .• •'II. ` • ',-i , `ir'e :::,,,, -: .ii . ! . lifili :::II:ii:1,..:- ii1/2 -ii , , .1: ;it, i i h cr ..:c:. . ti. , 4 ,_ .. ... : ii FORM CC-1570 Rev:10/14 Page 2 of 2 Cover Sheet C §§17.1-223,17.1-227.1,17.1-249 Book: 4736 Page: 591 FileNumber: 2016-00002662 Seq: 2 Copyright©2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved. Page 3 of B This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Number 061A0-00-00-00200,061A-0l-00-034A0,061A0-01-034B0 AGREEMENT FOR THE MAINTENANCE OF STREET SIGNS THIS AGREEMENT is made this 3 day of March,2016,by and between Lochlyn Hill Neighborhood Associ4tion,Inc.,whose address is 126 Garrett Street, Suite D,Charlottesville, VA 22902,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." WITNESS: WHEREAS,the Owner is the owner of certain real property identified as Tax Map and Parcel Numbers 061A0-00-00-00200,061A-01-00-034A0, 061 A0-01-034B0, as depicted by plat in the land records of the Circuit Court of the County of Albemarle,Virginia at Deed Book 4476, page 197,hereinafter called the"Property";and 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"Lochlyn Hill Phases lA and 1B,"prepared by Kirk Hughes& Associates,dated September 4,2013 and last revised March 26.2014(the"Plat")and,as a condition of approval of the Plat,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 be 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 signs shall be maintained. The Owner shall maintain the Signs in substantially the same condition they were in when they were installed and approved by the 1 Version:05/10113 Book: 4736 Page: 591 FileNumber: 2016-00002662 Seq: 3 Page 4 of.9 t ' County. Specifically,each Sign shall at all times comply with the applicable sign design as described in Attachment A, and shall at all times be in good condition so that it performs its design function.The obligation to maintain shall apply to the Sign,the Sign post, Sign hardware, and surrounding landscaping and soil that may prevent the Sign from performing its design function. "Maintenance"or any derivative of that word includes maintenance,replacement, reconstruction and the correction of defects 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 trimming or removing landscaping or removing or reshaping soil that obstructs the Sign. 3. Timing or conditions warranting maintenance of the Signs.The Owner shall promptly maintain a Sign when it is out of compliance with the applicable sign design as described in Attachment A,when it is not performing 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 destroyed. Whenever a Sign is missing,damaged or destroyed,the County shall install a 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. Plat to which this Agreement pertains.This Agreement pertains to the Plat identified in the recitals. 6. Right of County 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. Miscellaneous. The following provisions apply: 2 Version:05/10/13 Book: 4736 Page: 591 FileNumber: 2016-00002662 Seq: 4 Page 5 of.9 A. Modifications. This Agreement or any part thereof may not be modified, except by written agreement of the parties signed by the duly authorized officers of the parties. B. No waiver. Omission or delay by either party to this Agreement at any time to enforce any right or remedy reserved to it,or to require performance of any of the terms of this Agreement,shall not be a waiver of any right or remedy to which either party is entitled,and shall not in any way affect the right of either party to enforce the provisions thereafter.However, this section shall not be construed to be a waiver or a tolling of an applicable statute of limitations,or to prevent either party from raising the statute of limitations as a defense in any proceeding. C. Applicable law.This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that proper venue,in the event of litigation concerning this matter,shall be in Albemarle County,Virginia. D. Severability.If any provisions of this Agreement shall be held to be invalid,illegal or unenforceable,the validity of all other provisions hereof shall in no way be affected thereby. E. Successor and assignees.Neither party shall assign or transfer this Agreement or any of its respective rights hereunder without the prior written permission of the other party. F. Entire agreement.This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the work to be performed under this Agreement. G. Recordation.Upon execution by the parties,this Agreement shall be recorded by the Owner with the land records in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia.The Owner shall provide the County with the Deed Book and Page Number at which the Agreement was recorded. H. Covenant running with the land.This Agreement shall constitute a covenant running with the land,and shall be binding on the Owner,its successors and assigns. I. Authority to execute agreement.The Owner's signatory below is duly authorized to sign this Agreement on behalf of the Owner. IN WITNESS WHEREOF,each party hereto has caused this Agreement to be executed in triplicate in its name and on its behalf by its duly authorized officer as of the date,month,and year first hereinabove written. 3 Version:05/10/13 Book: 4736 Page: 591 FileNumber: 2016-00002662 Seq: 5 Page 6 of.9 • • OWNER: Loch l :` tll Neigh.o ;. ociation,Inc. q I I F : ? R. Stoner, N,Director/President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 6.044.Yttssak. The foregoing instrument was signed, sworn to and acknowledged before me this day of h , 2.01. by Frank R. Stoner, N,Director/President, on behalf of the Lochlyn Hill Neighborhood Association,Inc. 44;AA Not Pub ' ""'###,,, My Commission Expires: 1131110K, _ .`o\)\ p PF��•,, .....e.' e•..�� Registration number: 70.0040 - :a MY .�� COMMISSION ; n : NUMBER :2 e 7220040 • O 'J ALTH SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Version:05/10/13 Book: 4736 Page: 591 FileNumber: 2016-00002662 Seq: 6 Page 7of.9 COUNTY OF ALBEMARLE,VIRGINIA Thomas C. Foley County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF {a r1T#3 0'0 The foregoing instrument was signed,sworn to and acknowledged before me this /0 ' day of March ,do/e,by Thomas C.Foley, County Executive,on behalf of the County of Albemarle,Virginia. Notary Public My Commission Expires Jo /o7 ``\`���nrrrrrrrrrir��� Registration number: a?63 9 9 49-- �;: ' '••.y teN% 4.--Q • NOTARY * — ;*- PUBL1G r Q A r1 oved as o form: �o`� , #25"99��?```� i i •tto ei ��►►r;r;mc.;•• 5 Version:05110/13 Book: 4736 Page: 591 FileNumber: 2016-00002662 Seq: 7 :,, • os 6r`yL u -v,vs6 .aogt ii crii.- _ ,- ,41-./(,41-./(,41-./(;-,... -I;XJ`-•1+' �;. t , `: ► A' • .Ji � •. ,Yf,, �`• ,'' 1,Sliii '/ . - ATTACHMENTA A �• ..,.. • ,, , h 'r ekPd; ,•., •. .../...t.__ ..._ -'1 ,. —, • :. „, ....•••. it; ,• 1 ., '4 / .._• PEN PARK , v i . .s . , . •--• �1� / / , •►••♦'t ."..`•• 1 ` .fir• .r \ �•. S �Ir ►� r - ./ C �-.- - ►n. y� � - ,• QCs Fir, • ' I t. I I � ` ',./4.7.4.40*,..." �/� 'b. ,, /- . . ��]yy]ji - .`. • .�,+� _ ,t ",qts,• -� •01 till -,,,..,I i .\.. .., l• . .*. s'., #.) •.t.':;../i''.Ari i ��//ter i, i44 1/ ,. • • • • .{...... • /• ` •.. f ..' I I. •J ^ 1,*H•, • 1•I, • i , h • • ti 41 • • I \ \ , , , 1; f. , I ,. ,..; .,'. .- ,:e4'N, t --- I+'1. '.�f`•• 1,- '•�,1J•• i•`� • • , _• ry • . . •• ,:•.„,..4t.:1:•,.....;+y. .--.Z• •r.•Jl. • ..,‘",•,,,- - - 1 , .1.:•P • .;,*...,:;••,: . ''',.":;irsi , . ♦ - kl .A •°�0' • �j�Vii. 'J `7t 't.� _ t• ..'t ,` • )�� • 3144, 'may•, ••••'*• v..�•�L t•. �• ';r`. :-y . • 1G' �v�,1..0.•'�•1 • a rki'v ,•t y• \. il‘o • ag yy > '1•1 �.. .Y. • .r • Page 9 of 9 • • RECORDED IN CLERKS OFFICE OF ALBEMARLE ON • MARCH 22,2016 at 2:52:58 PM AS REQUIR • VA CODE§58.1-802 ST. :$0.00 LOCAL:$0.00 _-4:•••••"' COUNTY,VA JOS._:. 'U CIRCUIT CLERK 14111111.7 • Book: 4736 Page: 591 FileNumber: 2016-00002662 Seq: 9 Ana Kilmer From: Ana Kilmer Sent: Thursday, March 03, 2016 2:59 PM To: L.J. Lopez Subject: Agreement for the maintenance of street signs - Lochlyn Hill Subdivision Attachments: SKM_364e_Ce16030315480.pdf;Attachment A Lochlyn Hill Agreement.pdf U: Attached is the agreement for the maintenance of street signs that needs to be executed by Mr. Stoner. Mr.Stoner's signature must be properly notarized. Please return original executed agreement with original signatures to my attention. Thank you Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer(a)albemarle.org 1 Community Development Document Review County Attorney's Office TO: Atk_a. [6101 PROJECT NUMBER: LtCh Rd \ You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination Other: � MV1 6t enActite\-t-enar\6e The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below IX conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) :Legal description needs to be revised(see comment below) : Other(see comment below) Comment: If the document is approved,was submitted with the applicants'signatures,and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures, a final version of the document with the required signatures may now be submitted. Date: 6).713 I/ Grey a p er De.,a ounty A torney Ana Kilmer From: Greg Kamptner Sent: Thursday, March 03, 2016 2:23 PM To: Ana Kilmer Subject: RE: Lochlyn Sign Maintenance Agreement Ana- For the document under consideration,the "maintenance agreement" in the resolution is acceptable. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 From:Ana Kilmer Sent:Thursday, March 3, 2016 2:01 PM To: Greg Kamptner<GKamptne@albemarle.org> Subject: FW: Lochlyn Sign Maintenance Agreement Greg: U has provided a new consent from the Lochlyn Hill Neighborhood Association that authorizes Frank R. Stoner as Director and President to enter the association into a maintenance agreement with the County. Is the language "maintenance agreement" acceptable? It should say Agreement for the Maintenance of Street Signs. If you approve, I have revised the date of the agreement(attached). The signature block in the agreement is based on the other supporting documentation that they provided and VSCC. I will deliver documents to your office. You have in your office the rest of the documents/signature information, etc.. Thanks Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer@albemarle.org From: U Lopez [mailto:llopez@milestonepartners.co] Sent:Tuesday, March 01, 2016 9:36 AM To:Ana Kilmer<akilmer@albemarle.org> Subject: Lochlyn Sign Maintenance Agreement Ana: 1 Please find attached a revised resolution indicating that the Lochlyn Hill Neighborhood Association has agreed to enter into a sign maintenance agreement with the County of Albemarle. I trust this satisfies the County requirements for evidence of acceptance of the Association. We have previously provided the sign maintenance agreement to you and hope that you still have it. I understand that the road acceptance resolution is in Richmond waiting for approval. I can see the finish line with the road acceptance and bond release process. Thanks -LJ Louis J. Lopez III rn.l estone milestone partners 300 2nd Street NE Charlottesville VA 22902 434.245.5803 T 434.4091005C c• Ana Kilmer From: Ana Kilmer Sent: Thursday, March 03, 2016 2:01 PM To: Greg Kamptner Subject: FW: Lochlyn Sign Maintenance Agreement Attachments: SKMBT_C28016030110200.pdf; agreement_for_maintenance_of_street_signs_lochlyn .doc Greg: U has provided a new consent from the Lochlyn Hill Neighborhood Association that authorizes Frank R. Stoner as Director and President to enter the association into a maintenance agreement with the County. Is the language "maintenance agreement" acceptable? It should say Agreement for the Maintenance of Street Signs. If you approve, I have revised the date of the agreement(attached). The signature block in the agreement is based on the other supporting documentation that they provided and VSCC. I will deliver documents to your office. You have in your office the rest of the documents/signature information, etc.. Thanks Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer@albemarle.org From: U Lopez [mailto:llopez@milestonepartners.co] Sent:Tuesday, March 01, 2016 9:36 AM To:Ana Kilmer<akilmer@albemarle.org> Subject: Lochlyn Sign Maintenance Agreement Ana: Please find attached a revised resolution indicating that the Lochlyn Hill Neighborhood Association has agreed to enter into a sign maintenance agreement with the County of Albemarle. I trust this satisfies the County requirements for evidence of acceptance of the Association. We have previously provided the sign maintenance agreement to you and hope that you still have it. I understand that the road acceptance resolution is in Richmond waiting for approval. I can see the finish line with the road acceptance and bond release process. Thanks -LJ Louis J. Lopez III 1 mi 14.,-istohe milestone partners 300 2nd Street NE Charlottesville VA 22902 434.245.5803 T 434.409.1005 C Please consider the environment before printing this e-mail 2 Page 1 of 6 Instrument Control Number 008334 I. Commonwealth of Virginia IIIIIIIIIIIIIII MIIi2968 0008N�ype:N�DI11 Doc ID:Recorded: 08/26/2014 at PM DEE Land Record Instruments Fee Amt: $52.00 Page 1 of 6 Cover Sheet-Form A Albemarle County, VA Debra M. Shipp Ciruit Clerk Filet/ 2014-00008334 IlLsVLRCover Sheet Agent 1.0.66] BK4528 Po585-590 T C Date of Instrument: [8/26/2014 ] A O Instrument Type: [PM ] X R P E Number of Parcels [ 1] X Number of Pages [ 4] E (Box for Deed Stamp Only) M City❑County❑x [Albemarle County ] PFirst and Second Grantors T _ � Last Name I First Name I Middle Name or Initial I Suffix [Lochlyn Hill Developmen][ ][ it ] ❑In [ ][ ][ 11 ] First and Second Grantees Last Name I First Name 1 Middle Name or Initial I Suffix j ❑❑ [Lochlyn Hill Developmen][ II ][ ] ❑❑ 1 ][ i[ ][ ] Grantee Address (Name) [Lochlyn Hill Development Group ] (Address 1) [200-C Garrett Street ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA] [22902 ] Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 j Prior Instr.Recorded at:City Cl County❑ [ ] Percent.in this Juris. [ 100] [ ] Page [ j Instr.No [ ] 1 Book Parcel Identification No(PIN) [061A0-06-1A-01300,061A0-06-1A-01400 1 Tax Map Num. (if different than PIN) [061A0-06-1A-01300,061A0-06-1A-01400 I Short Property Description [Lotas 13&14 Lochlyn Hill ] [ ] Current Property Address (Address 1) [ (Address 2) [ i (City,State,Zip) [ ][ 1I ] Instrument Prepared by [Royer Caramanis&McDonough PL ] Recording Paid for by [Royer Caramanis&McDonough PLC ] Return Recording to (Name) [Royer Caramanis&McDonough PLC ] (Address 1) [200-C Garrett Street ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA 1[22902 ] Customer Case ID [ ] [ ][ [ � 1. ili! R I�.,y 'r 4', ;IN;1, °,, t'' �.:�� ' 'y Ii lo y 41 Y,Eil 1r,t Cover Sheet Page 5 1 of 1 i 0,•R++k )T �I�,!., j�4i j 's P t I ,I', .:i �. 1, 6,21).1f. -.1/";:) idiS' ":61-11--- A-Liag--V11---- lM2 A e 1)c(1- r7 ath ‘/11/6 014-te MA/. ' v 0 4'1------ 0 Book: 4528 Page: 585 FileNumber: 2014-00008334 Seq: 1 Page 2 of 6 008334 This instrument prepared by and please return to: Peter J.Caramanis(VSB No.43447) Royer,Caramanis&McDonough,PLC 200-C Garrett St Charlottesville,VA 22902 TMP:061A0-06-IA-01300,06IA0-06-IA-01400 CERTIFICATE OF PLAT The attached Plat made by Kirk Hughes and Associates,dated July 1,2014 and last revised July 30,2014,entitled"Survey Showing A Shared Driveway Easement Across Lots 13 and 14 and 10'Landscape and Maintenance Easement Across Lot 14 Lochlyn Hill,Phase IA Hereby Vacated," is hereby confirmed and submitted for record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia. The affected property shown on such plat consists of Lots 13 and 14 of Lochlyn Hill, Phase 1A,conveyed to Echelon Homes,LLC by deed from Lochlyn Hill Development Group,LLC, dated April 24,2014,recorded April 28,2014,in the aforesaid Clerk's Office,in Deed Book 4484,page 301. WITNESS the following duly authorized signatures. ECHEL HOLO By: . ; ,anager COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this als day of , 2014,by Beau W.Dickerson as Manager of Echelon Homes,LLC. v Utinta u„ty, Notary Public My commission expires: 10116 . °*e 7:7 Notary registration number: 361-73-1. (�;>i'ON1 Ft`�P TAMI L.TAYLOR s Notary Public Commonwealth of Virginia M*.+ haR°tr.P ..o My Commission Expires rl 3cr/5- „„, Commission KV 339737 Book: 4528 Page: 585 FileNumber: 2014-00008334 Seq: 2 Page 3 of 6 LOCHLYN ' LL NEIGH HOOD ASSOCIA fN,INC. By:_ Fra k R.Stoner,IV,President COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this Oday of August , 2014,by Frank R.Stoner,IV,as President of Lochlyn Hill Neighborhood Association,Inc. ��JJ ,,,,,a.nn i blic /DOS....... Lp :rY My commission expires:7/31/zo1L. . ":'cp 'PU.,4 Notary registration number: 7Zzco4O. t MY �c COMMISSION n NUMBER •Q 7220040 Book: 4528 Page: 585 FileNumber: 2014-00008334 Seq: 3 Pas44-644 1 Da q 5a8 v S14R . imitilvik ix4 ce 0 -% j" 1 te243A 01 lh vg.! li . 4 11 g piely r-, v §5E i1ggR 5g Ap,1 oA )5 1M 11: al f. E „II -,...„ 6z 8 P A ,L. ..., %a. aggigx,11: 1 - r „ gt.7w.NR P:qm al :i 111 il A :05 � 2 2 IPSIN01410" g qr gr . r ,•p�Ya� crg ' !il cs5 q0 rf N DS n Zig c :is 'fig' ,,3: K 01 O n ,. /^r,A.. vior n rK 2 ii i N .�... N c�N � o Eo m S w o C r O p I c !'\. S j !k' -4 i P [T,i -23-c 4 x 3 ik vl il - it 7,F 2 R. 11u iV 6 F � - ?<- §.--‹ q or/ p. r,. - ._%I Kril g g 6 m rn - IA 7 = N 10,9i8 r*i "� m n _ �' �rs� * _8 n m z . -i O g I N 1 Book: 4528 Page: 585 FileNumber: 2014-00008334 Seq: 4 Page_kau // p D8 /,`i5..Q8 P .S 89 4p fu P R orog ffi* y •�5F N� I ot P .I� 1 P w a u< W NNr0 egg 14;i3 -rEI g �N�.m1 1,1 — l' I f �� . w n O R —w f t N a Ir. 1 I �_ a _ o chi N•�+w�. > 3 of is '• Ng /, F 4K mT 11 � Q war+,..n�� ERe -- , g x e: — V _b al ���Ji�, oR. < rO�ia� .4 Ir` I"� ? 8 C a -i ISI Lee tco1/ / `\ / �'i ±it ip � `I I + r- Or —- .O /0 `� �� -.b / I ' -. /J 11, ' ' // //'%. / A ---.....,.., / -y . )- .7. . , ip,,.,...„ , 1/ ,,,, a. , , .4, , hi 2/ s / . / \ ,------/ �r / . ...,_, TK I 7 I Ism P45) F. _ = II II H II H p 11 II Li ; g- i - N v g..1 $5 ,1, a m m N3 _g N Book: 4528 Page: 585 FileNumber: 2014-00008334 Seq: 5 Page 6 of 6 RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON AUGUST 26,2014 at 3:29:55 PM AS REQUIRED BY VA CODE 158.1.802 STAT OCAL:$0.00 •'•UNTY,VA � •CIRUIT CLERK • -� Book: 4528 Page: 585 FileNumber: 2014-00008334 Seq: 6 Ana Kilmer From: Ana Kilmer Sent: Friday, March 11, 2016 2:11 PM To: L.J. Lopez Subject: agreement for the maintenance of street signs - lochlyn hill subdivision The agreement has been approved by the county. Please stop by our lobby to pick up the original agreement. Agreement must be recorded at the Clerk's Office. Once the agreement has been recorded, please e-mail me a copy of the clerk's receipt with the deed book and page number. Thank you Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer@albemarle.org INTER-JURISDICTIONAL AGREEMENT FOR ADMINISTRATION OF E&S AND STORMWATER MANAGEMENT PROGRAM AUTHORITY RESPONSIBILITIES This Agreement is made this ?7 day of .. vvya'-y , 2014-,-by and between the City of Charlottesville,Virginia ("City") and the County of Albemarle,Virginia ("County"). Recitals WHEREAS,the owner("developer") of certain land situated partly within the City and partly within the County has requested permission to commence land disturbing activities in connection with the first phase ("Phase I") of construction of a proposed development referred to by the name of Lochlyn Hill (the "Development"); and WHEREAS,the developer previously submitted a proposed erosion and sediment control (E&S) plan for the development,which E&S Plan was submitted to the Virginia Department of Environmental Quality(DEQ)for review and approval, rather than to the City and the County for separate approvals, as permitted by Va.Code §62.1-44.15:55,and the E&S Plan has been approved, or deemed approved, under DEQ's review process; and WHEREAS,the developer has not yet submitted a proposed stormwater management plan to the City or County,as required by Va. Code§62.1-44.15:34, Charlottesville City Code §10-50, and Alb. County Code §17-300; and WHEREAS, pursuant to Va. Code§§62.1-44.15:27(H)and 62.1-44.15:55(A),the parties are each authorized to enter into an agreement with the other, regarding the administration of the E&S and Stormwater Management requirements applicable to the Development; and WHEREAS,as required by Va. Code §62.1-44.15:27 (I)the City and County desire to provide for the issuance of a consolidated stormwater management and E&S permit, and, pursuant to Va. Code §62.1-44.15:27 (H)the City and County desire to specify within this agreement how they will,jointly, carry out their responsibilities for administration and enforcement of the applicable erosion and sediment control and stormwater management requirements applicable to the Development,through the provision of unified program administration; NOW,THEREFORE,the parties hereby set forth their agreement as follows: Terms and Conditions of Agreement 1. Performance of Duties of the Program Authority,for the Development--the City of Charlottesville,through its Director of Neighborhood Development Services and qualified employees authorized by the Director(together, "City") shall serve as the unified Program Authority for both the City and County for purposes of the Development.Acting on behalf of the County as its Program Authority for purposes of the Development,the City shall: Page 1 of 2 a. apply the requirements,and follow the process and procedures, specified within Chapter 17 of the Alb. County Code, and reference County Code provisions, as applicable, within any determinations, notices, stop work orders, and other administrative correspondence issued in the role of Program Administrator in relation to property within the jurisdictional limits of Albemarle County; b. have all of the powers and duties set forth within Alb. County Code § 17-105(B), (E) and (F); c. separately establish bond (or other authorized forms of security) amounts for E&S and stormwater,and require the instrument(s)of security to refer to the owner's/ developer's obligations to both the County and the City; however,the owner/developer may be authorized to provide to the City one, consolidated bond (or other authorized security) in an aggregate amount sufficient to cover all of the separately-established bonds required; d. have all necessary right and authority on behalf of the County to take any action assigned to its Program Administrator,or for which the County Program Authority is responsible, under Chapter 17 of the Alb. County Code or state law, including, without limitation: rendering determinations; interpreting ordinances, standards, criteria,and state regulations; requiring the submission of information and materials; determining the sufficiency and completeness of applications, certifications and other submissions; requiring modifications or additional terms or conditions for approved permits; considering and approving requested variances, modifications, or exceptions to requirements;signing plans, approvals and permits; requiring monitoring and reports; establishing required bond amounts; "calling" any bond, or otherwise accessing funds to cover the costs of corrective action taken by the program authority on the failure of the owner or developer to do so; certifying the amount(s), if any, of required bonds to be released or refunded; extension of required deadlines; authorizing corrective action to be taken upon the failure of the owner or developer to do so; approving requests for amendments of a previously approved plan; conducting inspections; issuing written notices to comply, notices of violation, stop work orders, etc. ; and e. retain all rights, powers and responsibilities assigned to the City's Program Administrator under Charlottesville City Code Chapter 10, in relation to the portion of the Development located within the jurisdictional limits of the City of Charlottesville. Page 2 of 2 2. County's obligations—the County agrees: a. that it shall not separately,via issuance of a permit or otherwise, authorize the commencement of any land disturbing activity related to the Development, unless and until the City, acting as the unified Program Authority, has granted all required approvals related to this Agreement pertaining to Phase I of the Development.The County shall treat and adhere to decisions of the City,acting as the unified Program Administrator, as decisions of the County's own Program Authority; b. that,to the extent that the County utilizes standard forms, agreements or data (for example, unit prices for new or private sector construction within the County),the County's Director of Community Development shall promptly provide such records and data to the City, upon commencement of this Agreement; c. that the City is acting as the County's agent in performing the Program Administrator duties that are the subject of this Agreement. During the term of this Agreement,the City shall have the exclusive right and authority to act as the Program Administrator for the Development. No County employee or official shall undertake any action, exercise any authority, or counter any determination, directive, notice or order given by the City as Program Administrator for the Development. Notwithstanding the foregoing, the City may, by written request to the County's Director of Community Development, request the assistance of County employees or officials in the performance of the Program Authority duties, and upon approval by the County Director, such employees or officials may provide the requested assistance to the City; d. that, in the event that civil or criminal enforcement proceedings become necessary in relation to the services that are the subject of this Agreement,the County Attorney's Office shall provide legal advice and services to the Program Administrator,the same as the County Attorney's office would normally support the County's Program Authority; and e. that all fees received by the County for or in connection with any application, submission, approval, or inspection required under Chapter 17 of the Alb.County Code for the Development shall be paid over to the City as compensation for its services on behalf of the County under this Agreement. 3. Term of Agreement a. The City shall commence performance of services as the unified Program Administrator for the Development,on the date of the County's signature to this Agreement ("Commencement"). Page 3 of 3 b. The City's obligations and authority under the terms of this Agreement shall expire upon the completion of construction of Phase I of the Development and final release of the E&S and stormwater bonds required by Chapter 17 of the Alb. County Code. IN WITNESS WHEREOF,the City and County do hereby execute this Agreement, acting by and through their duly authorized Program Administrators: CITY OF CHARLOTTESVILLE,Virginia COUNTY OF ALBEMARLE,Virginia VSMP and VESCP Program Authority VSMP and VESCP Program Authority By: 4at By: %":. ��-��/!ice Program Administrator Proram Administrator Date: t\?( ///71.Date: , /74: Agreement Approved As To Form: Agreement Approved As To Form: Office of the Charlottesville City Attorney Office of the Albemarle County Attorney By: By: ilt. / 4,1 Title: Title: _WM Page 4 of 4