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Home My WebLink AboutWPO201500016 Agreement - SWM Maintenance 2019-04-01T C A O X R P E X E M P T ■■ ■ Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [12/12/2006 ] Instrument Type: [AG Number of Parcels [ 31 020628 I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 003188530005 Type: DEE Recorded: 12/13/2006 at 10:31:32 AM Fee Amt: $17.00 Page 1 of 5 Albemarle County, VA Shelby Marshall Clerk Circuit Court File# 2006-00020628 BK3336 PG497-501 Number of Pages [ 3]------- _------- --- ------------------------------- (Box for Deed Stamp Only) City ❑ County0 [Albemarle County ] First and Second Grantors Last Name First Name Middle Name or Initial Suffix [Woodlands of Charlottes] [ ] [ ] [ ] 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) [ (City, State, Zip) [Charlottesville ] [VA ] [22902 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County LXI [Albemarle County Book [3076 ] Page Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description 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 2 [586 ] [07600-00-00-046C0 [Woodlands of Charlottesville [ [ [ ] Percent. in this Juris. [ 100] Instr. No [ ] ] ] ] ] ] ] [Albemarle County CDD [Scott R. Collins [Pamela M. Shifflett [Albemarle County Community Development Department [401 McIntire Road, Room 227 [Charlottesville ] [VA ] [22902 [ ] [ ][ Instrument Control Number F77== Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of Instrument: [12/12/2006 ] A R R O Instrument Type: [AG ] X A A R N N P Number of Parcels [ 3] E T T X O E Number of Pages [ 31 _ - ---) E R E (Box foo On r Deed Stamp Only) City ❑ County ❑x [Albemarle County M ] Grantors/Grantees/Parcel Continuation Form C P T Last Name First Name Middle Name or Initial Suffix ][ ] ❑ L:1 ❑ ❑El El Q El [ ][ ][ ][ ] ][ ] E El El E Prior Instr. Recorded at: City ❑ County FXI [Albemarle County ] Percent. in this Juris. [ 1001 Book [3076 ] Page [586 ] Instr. No [ ] Parcel Identification No (PIN) [07600-00-00-046C2 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Woodlands of Charlottesville ] Current Property Address (Address 1) [ (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Prior Instr. Recorded at: City ❑ County [Albemarle County Book [3076 ] Page [586 ] Parcel Identification No (PIN) [07600-00-00-046C3 Tax Map Num. (if different than PIN) [ Short Property Description [Woodlands of Charlottesville Current Property Address (Address 1) [ (Address 2) [ (City, State, Zip) [ Cover Sheet Page # 2 of 2 ] Percent. in this Juris. [ 1001 Instr. No [ ] ] ] ] ][ ][ ] STORMWATER MANAGEMENTBMP FACILITIES MAINTENANCE AGREEMENT` 24628 THIS AGREEMENT, made and entered into this 27 day of November 2006 , by and between Woodlands of Charlottesville, LLC 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 76-46CO3 76-46C2, and 76-46C3 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page D.B. 3076, PG. 586 , 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 The Woodlands (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 managementBMP 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. 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: Woodlands Company arlottesville Thomas W. Scktt ,III (Type Name) Manager (Type Title) STATE OF G,e CITY/COUNTY OF B u R oC h Name LLC. (Seal) The foregoing Agreement was acknowledged before me this 0 V day of _fkCC rn bCr- , 200O, by 1%bM,QS 1'4 . II1 My Commission Expires: M. COU)dY OF ALI OTARY PUBLIC VIRGINIA Ijobert W. Tucker,,/Jr. ("IName) \ Anty Executive \� (Type Title) STATE OF _ Virginia CITY/COUNTY OF Albemarle JOSEPH M. JOHNSON NOTARY PUBLIC Bulloch County State of Georgia My Comm. Expires Feb. 24, 2009 The foregoing Agreement was acknowledged before me this llth day of December 20 06 ,by Robert W. Tucker Jr. 2C2J NOTARY P C My Commission Expires: June 30, 2009 Approved as to Form: C A� ney Date Prepared by County of Albemarle Department Community Development Revised July 7, 2006 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON December 13,2006 AT 10:31:32 AM _ 3 _ $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE §58.1-802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE COLIVA SH;PAIMLL CLER RCUIT COURT C