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Home My WebLink AboutWPO201800051 Agreement - SWM Maintenance 2020-01-10Instrument Type Instrument # Book/Page 1 st Grantor 1st Grantee Description Consideration Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: MARY KATHERINE MCGETRICK, ESQ. Cashier: MEB AMEND 201900010699 05224 / 0192-00197 Pages : 6 CROCKETT CORPORATION COUNTY OF ALBEMARLE VIRGINIA SEE INSTRUMENT -AMENDMENT TO AG SWM 0.00 Assumed Value: 0.00 Receipt # 2019-047170 Date . 10/01/2019 12:26pm Document: 2 of 2 Ex Y Ex: Y Pct : 100.00% 1 st City: Y Item # Description Qty Unit Cost 035 VOF 1 1.00 301 Clerk 1-10 Pages 1 14.50 145 VSLA 1 1.50 106 TTF 1 5.00 Document 2 Grand Total Check 571748 Balance Extended 1.00 14.50 1.50 5.00 22.00 44.00 -44.00 0.00 Customer Copy VIRGINIA LAND RECORD COVER SHEET - FORM A — COVER SHEET CONTENT Instrument pate: 912412019 Instrument Type: ______ .-AMEND ..----.._..-..-------- Number of Parcels: _, __2___- Number of Pages: ____6 [ ] City pQ County ------ --- ALBEMARLE. ---_ -------- TAX EXEMPT? VIRGINIA/FEDERAL LAW [� Grantor: _58.1-811_(A)-(3) [%9 Grantee:_W1-811-(A)-0)---------------------------- Consideration- ----------------------------- $0.00-------------------- 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 Original Book Number: Original Page Number: _- Prior Recording At:[ ] City [ ] County (Area Above Reserved For Deed Stamp Only) Original Instrument Number- - -------- ----- Percentage In This Jurisdiction: .. BUSINESS / NAME 1 CROCKETT CORPORATION 100% PqGrantor: _....._ -- ...... - ---......-•• -••------......------- -------- __--------- - 2 pQ Grantor: BROOKHILL APARTMENTS, LLC__---------------- _......... --------- ----------------- - ---- -- - ------------- N Grantee: COUNTY OF ALBEMARLE, VIRGINIA...................... --------- --- ----------- --------------------------•----------- [ ] Grantee: •----- - -- ------------------ - - - ---- -------- GRANTEE ADDRESS Name: COUNTY OF ALBEMARLE, VIRGINIA ----------------- --- •- Address: 401 MCINTIRE RD 4TH FLOOR City: -CHARLOTTESVILLE State: -_-VA__- Zip Code- ----------- -.... -..._ _ - -------- -- Book Number: -.- Page Number: Instrument Number: Parcel Identification Number (PIN):.04600-00r00-019B1 Tax Map Number: N/A -------------------------- --_____- Short Property Description: SEE INSTRUMENT -AMENDMENT TO AG SWM ---- ------ ---- ---•---------------------------------- ------------------ ---------------- Current Property Address: BROOKHILL PARCEL, RIVANNA DIST ---------------------------------------------------------------------------------------.............. City: CHARLOTTESVILLE _ State: -__VA__- Zip Code: 22911 - - - ---- - -- -------------------------------------------------------------------- - -------------------------------- - SC Instrument Prepared By: WILLIAMS MULLEN -------------- Recording Paid By: MARY KATHERIN-- MCGETRICK, E Recording Returned To: _MARY_KATHERINE MCGETRICK, ESQ. Address: -WILLIAMS MULLEN 321 EAST MAIN ST, SUITE 400 _____---_-_- •,- City; CHARLOTTESVILLE __-_ State: VA , Zip Code: 22902 FORM CC-1570 Rev: 7/15 Page 1 of 2 Cover Sheet A §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright C 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: 9/-2141201-9 -------- Instrument Type: ----- AMEND Number of Parcels: Number of Pages: 6 ]City N 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): 0.46.00-00-0.0-019..B.4 (Area Above Reserved For Deed Stamp Only) Tax Map Number: - NIA -------------------------------------- Short Property Description: SEE -INSTRUMENT -------- ...... ------------------------------- ----------- --- ------------- ------------------ - -- ---- -- Current Property Address: -BR-00KH.-ILLPAR-C-EL,-RI.V-ANNA-D-I..$-T --------- __............... . --- - ---_------------ city: Q.HAR.L.Q..TT.ES.VTLLE . ..... _ - _ ---- ----------- -----State: _..V,A..,_ Zip Code: ...... 2291.1•.-.....___ Prior Recording At:[ ]City[ ]County ------------- --------- -- - Percentage In This jurisdiction: Book Number: Page Number: ----- - ----- Instrument Number: -------- ---- ...... . Parcel identification Number (PIN): ... ..... Tax Map Number: ----------------------- .... .. ------ ---- Short Property Description: ------------ ........ ------ - ------------ ------------ ---------- ---- .. ....... . I . .... .. --- --- --- --- I -- ----------- -------------- CurrentProperty Address: ............ ___ ....... ........... -------- _ ----_----------- --- ------------ ------------------------ City: ------------ -------------------------------------- - -- ------- ..... ........ I - State: ............ Zip Code: --------------------------- FORM CC-1570 Rev: 10/14 Page 2 of 2 Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright @ 2014 office of the Executive Secretary, Supreme Court ofVirginia. All rights reserved. This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Numbers 04600-00-00-019B1 and 04600-00-00-019B4 This instrument is exempt from Court Clerk's fees under Virginia Code § 17.1-266. AMENDMENT TO AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES THIS AMENDMENT is entered into by and between CROCKETT CORPORATION, a Virginia corporation ("Crockett"), and BROOKHILL APARTMENTS, LLC, a Virginia limited liability company (Brookhill"), together hereinafter called the "Owner," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County." RECITALS R-1. Crockett is the fee simple owner of certain real property described as Albemarle County Tax Map Parcel 04600-00-00-019B4 (hereinafter called the "Crockett Property") shown on the "Comprehensive Easement Plat for Brookhill Blocks 1-8, Rivanna District, Albemarle County, VA," prepared by Roudabush, Gale & Associates, Inc., dated October 2, 2018, last revised November 16, 2018, and recorded in Deed Book 5121, page 644 (the "Plat"); and R-2. Brookhill is the fee simple owner of certain real property described as Albemarle County Tax Map Parcel 04600-00-00-019B1, by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5133, page 445 (hereinafter called the "Brookhill Property", together with the Crockett Property, the "Property"); and R-3. The Owner is proceeding to build on and develop the Property; and R-4. The Property is within the County's Municipal Separate Storm Sewer System (hereinafter, "MS4") jurisdictional area; and R-5. The County has approved a Virginia Stormwater Management Plan submitted for the Property by Grantor entitled "BLOCKS 4A AND 4B APARTMENTS VIRGINIA STORNIWATER MANAGEMENT PLAN WPO 201800051" dated October 19, 2018, prepared by Bohler Engineering (the "Plan"), approved by the County on December 20, 2018, which Plan includes improvements to the existing SWM Pond (as defined below) (including but not limited to all components designed to regulate flow, provide storage for runoff and ensure the safe operation of the system) (defined herein collectively as the "SWM Improvements"), on the Property; and R-5. The Property is subject to and encumbered by that certain Agreement to Maintain Stormwater Management Facilities and Other Techniques recorded on November 2, 2018 in Deed Book 5110, page 289 (the "Original Agreement"); and R-6. Crockett is the fee owner of that certain real property shown and designated on the "Plat" as "SWM FACILITY EASEMENT" and dedicated to public use by that certain Deed of Dedication and Easement dated December 13, 2018 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5121, page 676; and R-7. The Virginia Department of Transportation ("VDOT") is the current owner of a certain easement and improvements including a storm water management pond (the "SWM Pond") shown on a Certificate of Take recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4712, page 51; and R-8. Brookhill intends to assume the easement rights and the SWM Pond from VDOT (the "VDOT Property") and assume maintenance of the SWM Pond; and R-9. The SWM Improvements have been reviewed by VDOT and approved by the County as meeting the applicable design requirements for redirection and inclusion of stormwater generated from Route US 29 (the "Offsite Stormwater"), and which is currently maintained, as of the date of this Agreement, in the SWM Pond; and R-10. The SWM Improvements have also been reviewed by VDOT and approved by the County to manage stormwater generated by the future development of the Brookhill Property and the Crockett Property as proposed in the Plan; and R-11. The parties herein desire to amend the Original Agreement to ensure sufficient maintenance to maintain the structural integrity and the proper function of the SWM Pond and the SWVI Improvements, and to reserve certain continuing rights to VDOT. In consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. Defined Terms. All capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Original Agreement. 2. VDOT's continuing rights. From and after the date of this Amendment, VDOT may elect to exercise any rights of the County under the Original Agreement, including but not limited to, (i) the right to conduct an inspection of the Facilities as set forth in Section 4 of the Original Agreement, (ii) the right to enter the Property to maintain the Facilities as set forth in Section 6 of ,2 the Original Agreement, and (iii) the right to charge the Owner for its costs of maintenance as set forth in Section 7 of the Original Agreement. 3. 'Release, of claims by Owner. Owner and its successors and assigns shall not have the right to any claim against the County or VDOT, the Commissioner of Highways or the Commonwealth of Virginia related to, or as a result of, the discharge of Offsite Stormwater into the SWM Improvements, including without limitation, any claim for inverse condemnation, adverse possession, money damages, or the cost of any repairs to, or maintenance of, the SWM Improvements. 4. Covenant running with the land. This Amendment shall be recorded by the County in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, shall constitute a covenant running with the land, and shall be binding on the Owner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners' association. 5. Date of this Amendment. This Amendment shall be deemed to have been entered into by the parties and shall be effective on and after the date it is signed by the Albemarle County Executive. G. No Further Modification. Except as set forth in this Amendment, all of the terms and provisions of the Original Agreement shall remain unmodified and in full force and effect. To the extent that there is any conflict between the terms of this Amendment and the Original Agreement, the terms of this Amendment will govern. [SIGNATURE PAGES IMMEDIATELY FOLLOW] WITNESS the following signatures: OWNER: BROOKHILL APARTMENTS, LLC, a Virginia limited liability company By: CDG Holdings, LLfanaging Member By: Haystack Corporate , Manager , President COMMONWEALTH OF VIRGIN, CITY/COUNTY OF CI-- (" 5✓I The foregoing instrument was acknowledged before me this 13 day of , 2019 by Andrew E. McGinty, as President of Haystack Corporation, as Manager of CDG Holdings, LLC, as Managing Member of Brookhill Apartments LLC, a Virginia limited liability company, Grantor. 5�p Ld"X 6, C(� 6� Notary Public My Commission Expires: 3 2 3 Registration number: 7 93 56 7 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF STEPHEN B. CLAY NOTARY PUBLIC REG. 97836676 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MARCH 31, 2023 CROCKETT CORPORATION, a Virginia corporation LE Ann O. Haugh, President The foregoing instrument was acknowledged before me this day of 2019 by Ann O. Haugh, President, on behalf of Crockett Corporation, a Virginia corporation, Grantor. My Commission Expires: Registration numb Notary Public [SIGNATURES CONTINUE THE FOLLOWING PAGE] 4 WITNESS the following signatures: OWNER: BROOKHILL APARTMENTS, LLC, a Virginia limited liability company By: CDG Holdings, LLC, Managing Member By: Haystack Corporation, Manager LIN COMMONWEALTH OF VIRGINIA -44+Y/COUNTY OF Andrew E. McGinty, President The foregoing instrument was acknowledged before me this day of , 2019 by Andrew E. McGinty, as President of Haystack Corporation, as Manager of CDG Holdings, LLC, as Managing Member of Brookhill Apartments LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: Registration number: CROCKETT CORPORATION, a Virginia corporation By: C • / hsZ�.c�9-n�" Ann O. Haugh, Presidetff COMMONWEALTH OF VIRGINIA •91+*4COUNTY OF The foregoing instrument was acknowledged before me this day of P , 2019 by Ann O. Haugh, President, on behalf of Crockett Corporation, a Virginia corporation, Grantor. . , — �f Notary Public My Commission Expires: 9 " 31— z 20 Registration number: %atfc.t? j [SIGNATURES CONTINUE THE FOLLOWING PAGE] CORN ;MAIZL.F VIRGINIA Bv: Jef -ey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/-C—�OF, 4L The foregoing instrument was acknowledged before me thisa�_day oE_ LLPLA (- 2019 by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia. My Commission Expires: tt> n - 31, a �19 Registration Number: I I r13l6& Approved as to Form: � l� %AJ County Attorney 409084012 No ary Public CHESYL L SKEEN NOTARY PUBLIC REGISTRATION # 7153762 COMMONWEALTH OF VIRGINIA PAY COMMISSION EXPIRES OCTOBER 311. 2019 q Date