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Commonwealth omf Virginia ppoilicilllitirlogitiorgiitypitEiCE�������������������������������Land Record Instruments
Cover Sheet - Form A004TVPe: DEEecorded: 10/27/2005 et 03:28:42PMee Amt: $17.00 Page 1 of 4
[ILS VLR Cover Sheet Agent 1.0.88]
ShelbyrMarshallyClerk Circuit Court
Flleff 2005-00019980
T C Date ofInstrument: [10/19/2005 ] BK3094 PG736-739
A O Instrument Type: [AG ] •— -__ -__ __
X R —
P Number of Parcels [ 1]
E
X Number of Pages [ 3]
E (Box for Deed Stamp Only)
M City ❑County❑x [Albemarle County ]
p First and Second Grantors
T _ Last Name First Name Middle Name or Initial Suffix
[Sarah J. Frost Trust ] [ II ] [ 1
[ ] [ 1 [ I [ 1
First and Second Grantees
Last Name First Name Middle Name or Initial Suffix
® ❑ [Board of Supervisors for] [ ] [ 1 I 1
❑ ❑ I ] [ 1 [ 1 [ ]
Grantee Address (Name) [Board of Supervisors for Albemarle County l
(Address 1) [401 McIntire Road 1
(Address 2) [ ]
(City,State,Zip) [Charlottesville ] NA] [22902 ]
Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County x [Albemarle County ] Percent. in this Juris. [ 100]
Book [2636 ] Page [206 ] Instr. No [ 1
Parcel Identification No(PIN) [57A 1
Tax Map Num. (if different than PIN) [78 1
Short Property Description [Frost Montessori SWM Plan 1
[ 1
Current Property Address (Address 1) [ 1
(Address 2) [ 1
(City,State,Zip) [ ] [ ] [ 1
Instrument Prepared by [Esther B. Grace 1
Recording Paid for by [Robert B. McKee&Associates, P.C. ]
Return Recording to (Name) [Esther B. Grace 1
(Address 1) [Department of Community Development ]
(Address 2) [401 McIntire Road 1
(City,State,Zip) [Charlottesville I [VA] [22902 ]
Customer Case ID [ ] [ 1 [ 1
111111111
Cover Sheet Page#1 of 1
STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT
THIS AGREEMENT,made and entered into this 14 day of 0 I Qpt�bOro 2005 by
and between Sarah J. Frost Trust Intro
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
Tax Map 78,Parcel 57A as recorded by deed in the land records of Albemarle
(Albemarle County Tax Map/Parcel Identification Number)
County,Virginia, Deed Book 2636 Page 206 ,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 Frost Montessori SWM Plan
(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 Interim Manual,Appendices,Page A-1
Revised August 23,2005
1 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 Interim Manual,Appendices,Page A-2
Revised August 23,2005
WITNESS the following signatures and seals:
Sarah J . Frost Trust
Company/ rporation/Partnership Na e (Seal)
By:
Laurence W. Frost
(Type Name)
Trustee
(Type Title)
•
adkitInP
STATE OF �
COUNTY OF Jarl1u 1 to
The foreg ing Agre lit was a ge re me this I Lf day of (ts I '
20 by f►
TRISHA KEISER
.rY�- Commission 01535300 ie
OTARY PUBLIC Nolan'PubIIc•CdMM* V
\1.4'►f SANTA BARBARA COUNTY
My Commission Expires: My Comm.Ext.DEC.1
CO 41.
OF ALBS AR , VIRGINIA
By: I
\bert W. Tucker, Jr.
(Type Name)
Co ty Executive
(Type Title)
STATE OF Virginia
COUNTY OF Albemarle
The foregoing Agreement was acknowledged before me this 19th day of October
20 05,by Robert W. Tucker, Jr. •
4icb4
NOTARY PUBLIC
My Commission Expires: June 30, 2009
A orm: RECORDED IN CLERKS OFFICE OF
ALBEMARLE ON
/o / �� October 27,2005 AT 3:28:42 PM
County Attorney D to $0.00 GRANTOR TAX PD
AS REQUIRED BY VA CODE§58.1-802
STATE:$0.00 LOCAL:$0.00
ALBEMARLE COUNTY,VA
- 3 - SI-E�L,BBY0 MARRSSHALL CLERK CIRCUIT COURT
Prepared by County of Albemarle Department Community Development Interim Manual,At.
Revised August 23,2005
County of Albemarle Virginia Page 1 of 2
t` ,.. t,�� S
°'- i " County of Albemarle Virginia, USA
NI-40,,,,.,.,-
_
Summary si ) Parcel ID' l
Parcel ID Address Index Order Card
Parcel Info 07800-00-00- 1553 DELPHI DR Parcel ID 1 of 1
Summary 057A0
Printable Tab
Residential Owner Information Owner Information(Jan 1st)
Commercial FROST, SARAH J & LAURENCE W TRUSTEES FROST, SARAH J & LAURENCE
Land OF SARAH J FROST AMENDATORY T/A W TRUSTEES
Image P O BOX 386
Transfer DUTTON VA 230500386
Assessments Value Information
Improvements Land Market 201,000
Property Report Land Use 0 Building Data
Improvement 834,900 Year Built 1998
Search By Total 1,035,900
Parcel ID Open Easement N No Acres 1.608
Owner Statecode 2A Single Farn Res up to 5 acres Tax Type 2 Reg. Taxable
Street Address Neighborhood RANO9 Rural Neighborhood 9 Zone R6 Residential
Subdivision Subdivision ACREAGE Magisterial 3 Rivanna
Sales Section Appraiser BMW
Block
Site Functions Lot A
Property Search Notes
On-Line Help
County Home
Home
Contact Assessor
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County of Albemarle Virginia Page 1 of 2
{4 of A-ANC
Dili •7� S
t6 �, County of Albemarle Virginia, USA
. .6...: It
Ow tt,8
Transfer i � '� ' I'�.� I'� Parcel ID
Parcel Info Parcel ID Address Index Order Card
Summary 07800 00 00- 1553 DELPHI DR Parcel ID 1 of 1
Residential 057A0
Commercial
Land Transfer History
Image
Transfer Deed Page Sale Price Sale Date Previous Owner Owner Validity of Sale
Printable Tab FROST, SARAH
J & LAURENCE FROST, SARAH Invalid- Deed of
2636 206 $0.0011/12/2003 J Gift
Assessments W FR
Improvements 1680 060 $177,071.003/2/1998 FROST, SARAH Valid Sale
Property Report J
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Parcel ID
Owner
Street Address
Subdivision
Sales
Site Functions
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10/12/2005 14:28 FAY 757 466 8242 CLARHE,DOLPH Et al 000/008
SARAH J. FROST AMENDATORY TRUST AGREEMENT
•
THIS AMENDATORY TRUST AGREEMENT is made as • of
September 30, 2003, by and between Sarah J. Frost, of Palmyra,
•
Virginias ("Grantor") and Sarah J. Frost and Laurence W. Frost
• (collectively, the "Trustee") .
W I T N E S S E T H
WHEREAS, I entered into a Revocable Trust Agreement with
•
myself and Laurence W. Frost as Trustee, dated December 20, 1995
("the 1915 Agreement") ; and •
WHEREAS, I reserved the right and power to amend the 1995
• Agreement!, in whole or in part; and •
•
; WHEREAS; I desire to amend the 1995 Agreement in its
• entirety by entirely restating it;
' HOW, THEREFORE, the 1995 Agreement is hereby amended and
restated in its entirety so as :to now provide and read as follows:
•
' SARAH J. FROST REVOCABLE TRUST
• i :f., Sarah J. Frost, of Palmyra, Virginia, hereby create
this trust, and agree with myself and Laurence W. Frost
(collectively, the "Trustee") , as of the date first written above,
as follows :
. Article 1. My Family
At the time of the execution of this Trust Agreement, I
am marriedIto Laurence W. Frost ("my husband"). and we have four (4)
� I
• 1
10/12/2005 14:28 FAT. 757 488 8242 CLARIM,DOLPH Et al 0 004/006
including any tax on excess retirement accumulations, imposed with
respect !to my death by any state, the United States, or by any
foreign !country. Transfer Taxes also includes all. taxes that are
reimbursµble• under' Sections 2207 through 2207B of the Internal
Revenue Code of 1986, as amended, which right of reimbursement I
waive . IMy Executor and the Trustee shall take advantage of any
i
specificjprovision for the payment of Transfer Taxes made by my
• husband jcr any other person. Transfer Taxes also includes all
interestland penalties, on such taxes .
• Atiticle 11. The Trustee and General Administration
§11.1 Trustee and Successor Trustee Named.
i
A. 1ppointment of Trustee. I appoint. myself and
• Laurencel •W. Frost as the Trustee. Upon the earlier of my
• resignatAon, disability (as later defined) or death, Laurence W.
Frost shall serve as Trustee. If Laurence W. Frost resigns,
becomes *cabled or dies, or requests in writing, Errol C. Lifland
shall serive as sole Trustee. If all 'named Trustees fail or cease
to serve, ja successor Trustee shall be appointed as later provided.
Wheneverlonly one Trustee is acting with respect to a trust
hereunder, such Trustee shall have all of the powers, rights,
discretions and duties which would otherwise be possessed by all
Trustees kvf such trust and. by each of them alone, except those
powers, rights, discretions and duties which are expressly
con£errediupon a Trustee other than such sole Trustee or from the
exercise of which sole Trustee is expressly excluded.
15
10/12/2005 14:28 FAQ 757 488 8242 CLARHE,DOLPH ET al 0 005/008
•
0.2 .3 Matters of Interpretation . For simplicity, I have
expressed pronouns and other terms in one number and gender, but ,
where appropriate to the context these terms shall be deemed to
include the other numbers and genders. This agreement' is signed in
more than one counterpart, each of which is an original. The
underlined headings are for convenience only and shall not affect
interpretation. The term "Trustee" shall refer to any trustee or
trustees !serving hereunder except where the powers of any have been
restrict& Tax-related terms shall be construed in the context of
the fede4al revenue laws in effect at my death.
§]J2 . 4 Survivorship. No person, including my husband,
shall beldeemed' to have survived me for purposes of inheriting
und'er' t4 instrument unless he is living •on the date ninety (90)
1
days .after the date of my death.
§112.5 Internal Revenue Code. References to the Internal
Revenue Cade shall mean the United States Internal Revenue Code of
1986, as amended, or the' corresponding provisions of any subsequent •
federal tax laws, and the applicable regulations and rulings .
Ifn1ITNESS the following signatures and seals;
. (SEAL)
•• a ah J. o t, Gr ntor
•
23
10/12/2005 14:28 FAX 757 466 8242 CLARRE.DOLPH Ex al Z 006/006
•
.The terms of the Trust Agreement are accepted.
470k y� (SEAL)
Sarah 40Post, Trustee
•
G�/(SEAL)L
urence W. Frost, Trustee
•
COMMONWEALTH OF VI7I IA,
CITY/GOU$tY OF ,
l PThe forgoing was acknowledged before me this �A.Il! day.
ofwyC1 , 2003, by Sarah J. Frost, Grantor and Trustee.
• o ar Publi
My commission expires: Ary/ } O
•
COMMONWEALTH OF VIRGINIA, .
• CITY/COI1 Y OF Nej(1
. .I
I The foregoing was acknowledged before me this day
of (12.( ,• , 2003, by' Laurence W. Frost, Trustee.
•
•
• ary(E):17 c •
My commission expires: 14,117
•
•
•
;
24
10/12/2005 14:27 FAX 757 488 8242 CLAREE,DOLPH Et al 1001/006
CLARKE, DOLPH, RAPAPORT, HARDY & HULL, P.L.C.
_ A PROFESSIONAL LIMITED LIABILITY COMPANY
ATTORNEYS AND COUNSELLORS AT LAW
CYRUS A.DOLPH.IV 1 SMITHF ELD BUILDING,SUITE 101A JENNI'ER T,ATKINSON
ROBERT A.RAPAPORT 6160 KEMPSYULE CIRCLE BRIAN C.CHRISTIAN
ROBERT W.HARDY I CARYN M.RIVEIT
SARAH S.HULL • POST OFPICE BOX 13109
TIMOTHY S.BRUNICK ' NORPOLK,VIRGIN(*23506-3109 R.H.HUNTER CLARKE
RBTIRED
DANA IDLER ROSEN TELEPHONE(757)466-0464
RICHARD E.GARRIOTT.JA. TELECOPIER(757)466-0334 or 466-8242
CONFIDENTIAL INFORMATION
• THE INFORMATION TRANSMITTED WITH• THIS FACSIMILE COVER SHEET IS
CONFIDENTIAL AND LEGALLY PRIVILEGED AND IS INTENDED ONLY FOR THE USE
OF THE INDIViIDUAL OR ENTITY NAMED BELOW. IF THE READER OP THIS MESSAGE
IS NOT THE INTENDED RECIPIENT YOU ARE NOTIFIED THAT ANY DISSEMINATION,
DISTRIBUTION OR COPYING OF ALL OR ANY PORTION OF THIS TRANSMISSION IS
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR,PLEASE
NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE
ADDRESS ABOVE VIA THE U.S.POSTAL SERVICE. THANK YOU.
•
•
TO: Esther Grace - 434-972-4126)
Albemarle County Dept. of Community Development
FAX # 434 L172-4126
FROM: Cyrus, A. Dolph, IV, Esq. DATE: October 12, 2005
CLIENT MATTER: Frost Montesorri SWM Plan
Storm Water Management\BMP Facilities
Maintenance Agreement
FILE #
TOTAL NO. IPAGES INCLUDING COVER SHEET: c9
•
REMARKS:
1
•
1
10/12/2005 14:27 FAA$ 757 488 8242 CLARKE,DOLPH Et al Z 002/008
[CLARKE, DOLPH, RAPAPORT, HARDY & HULL, P.L.C.
A PROFESSIONAL LIhoTED LIABILITY COMPANY
ATTORNEYS AND COUNSELLORS AT LAW
CYRUS A,DOLPH.IV WITHHELD BUILDING.SUITE 1.0IA JENNIBER T.ATIUNSON
ROBERT A.RAPAPORT 6160 kENIPSV LUE CIRCLECARYN M.RTVETT
ROBERT W.HARDY KRW A.LIGATO
SARAH S.HULL POST OFFICE BOX 13109 H H HUNTER CLAW
TIMOTHY S.BRUNICK NORFOLK,VIRGINIA 23506-3109 RETIRED
DANA ADLER ROSEN TELEPHONE(757)466-0464
RICHARD E.GARRIOTT,JR. TELECOPIER(757)466-0834 or 466.8242
October 12, 2005
VIA FAX NO,, 434-977-1194
Philip B. Custer
McKee Carson
301 East High Street
Charlottesville, VA 22902
Re: Frost Montesorri SWM Plan
Storm Water Management\BMP Facilities
Maintenance Agreement
Laurence W. Frost, Sole Trustee
Sarah J. Frost Trust
Dear Mr. Custer:
I was Sarah J. Frost' s attorney and the draftsman of her
Trust. I um also Laurence W. Frost' s attorney.
I am transmitting herewith the first page, page 15 and the
signature pages of Sarah J. Frost' s Trust Agreement.
I certify that Laurence W. Frost is the Sole Trustee of the
Sarah J. Frost Trust and he has full authority to act on behalf of
the Trust as Sole Trustee.
If you need any other information, please contact me and I
will provide it to you.
is very trul ,
a
A. Dolph,
CADIV:cw
Encls.
cc: Esther Grace (w/ Encls. ) (VIA FAX NO. 434-972-4126)
Albemarle County Dept. of Community Development
cc: Laurence W. Frost, Sole Trustee (w/ Encls . )