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HomeMy WebLinkAboutWPO201800001 Agreements 2018-07-18Official Receipt Albemarle Circuit Court ea Jon R. Zug e 1jj? 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: MCCALLUM & KUDRAVETZ PC Cashier: MEB Instrument Type : DEC Receipt # : 2018-027743 Instrument # : 201800008006 Date : 07/18/2018 02:37pm Book/Page : 05073 / 0516-00524 Pages : 9 Document: 1 of 1 1st Grantor : HOOD TR, STEVE Ex: N 1st Grantee : HOOD TR, STEVE Ex: N Description: AMENDMENT TO DECLARATION OF EASEMENTS & MAINTENANCE Consideration: 0.00 Assumed Value: 0.00 Pct : 100.00% 1 st City: Y Item # Description_ Qty Unit Cost Extended 035 VOF 1 1.00 1.00 301 Clerk 1-10 Pages 1 14.50 14.50 145 VSLA 1 1.50 1.50 106 TTF 1 5.00 5.00 Document 1 22.00 Grand Total 22.00 Check 2621 -22.00 Balance 0.00 Customer Copy Instrument Control Number T C A O X R P E X E M P T MEN Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [6/6/2018 Instrument Type: [DEC Number of Parcels [ 11 Number of Pages [ 7] _ --------------------------- City ❑ County ❑x [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name Middle Name or Initial Suffix [HOOD TR ] [STEVE ] [ ] [ ] [HOOD TR ] [KATY ] [ ] [ ] First and Secondr Last Name First Name Middle Name or Initial Suffix [HOOD TR ] [STEVE ] [ ] [ ] [HOOD TR ] [KATY ] [ ] [ ] Grantee Address (Name) [STEVE HOOD ET AL TRUSTEES & 600 EARLYSVILLE GREEN (Address 1) [NA (Address 2) [NA (City, State, Zip) [NA ] [VA ] [22936 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County lil [Albemarle County ] Percent. in this Juris. Book [4277 ] 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 [371 ] Instr. No [ [03100-00-00-03200 & 031AO-00-00-000AO [same [Amendment to Declaration of Easements & Maintenance [ [ [ ][ ][ [George B McCallum III ] [McCallum & Kudravetz PC ] [McCallum & Kudravetz PC ] [250 East High Street ] [ ] [Charlottesville ] [VA ] [22902 ] [14270.08428 ] [ ] [ l Instrument Control Number T G G C A R R O X A A R N N P E T T X O E E R E M P T Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form B [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [6/6/2018 Instrument Type: [DEC Number of Parcels [ 11 Number of Pages [ 71 City ❑ County ❑x [Albemarle County ] (Box for Deed Stamp Only) Grantors/Grantees/Parcel Continuation Form B Last Name First Name I Middle Name or Initial Suffix ❑ I-x] ❑ ❑ [NOBLE TR ] [MEREDITH ] [ ] [ ❑ ©❑ ❑ [ELDER TR ] [JOHN ] [ ] [ ❑ lxl ❑ ❑ [ELDER TR ] [ELIZABETH ] [ ] [ ❑ Ix-1 ❑ lxl [RIVANNA COMMUNITY ] [ ] [ ] [ ❑ ®❑ lxl [600 EARLYSVILLE GR ] [ ] [ ] [ ❑ ❑ lxl ❑ [NOBLE TR ] [MEREDITH ] [ ] [ ❑ ❑ ©❑ [ELDER TR ] [JOHN ] [ ] [ ❑ ❑ W ❑ [ELDER TR ] [ELIZABETH ] [ ] [ ❑ ❑ W W [RIVANNA COMMUNITY ] [ ] [ ] [ ❑ ❑ lxl lxl [600 EARLYSVILLE GR ] [ ] [ ] [ ❑ ❑ ❑ ❑El El F1 F1 [ ][ l[ ][ Q El El D Lj El F-1 El El El F1 D El Ll F-1 El Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. Book [ ] Page [ ] Instr. No [ Parcel Identification No (PIN) [ Tax Map Num. (if different than PIN) [ Short Property Description [ [ Current Property Address (Address 1) [ (Address 2) [ (City, State, Zip) [ ] [ ] [ Cover Sheet Page # 2 of 2 4 1?1I f :I TY"i III Prepared by: George B. McCallum, III VSB# 07727 McCallum & Kudravetz, P.C. 250 East High Street Charlottesville, VA 22902 Tax Parcel IDs: 03100-00-00-03200 and 031AO-00-00-000AO AMENDMENT TO DECLARATION OF EASEMENTS AND MAINTENANCE THIS AMENDMENT TO DECLARATION ("Amendment") is made as of the 6`h day of June, 2018, by and between STEVE HOOD, I ATY HOOD, MEREDITH NOBLE, JOHN ELDER and ELIZABETH ELDER, TRUSTEES of RIVANNA COMMUNITY CHURCH (to be indexed as both Grantor and Grantee), and 600 EARLYSVILLE GREEN, LLC, a Virginia limited liability company (to be indexed as both Grantor and Grantee). Recitals A. By Declaration of Easements and Maintenance ("the Declaration") dated December 17, 2012, recorded in the Clerk's Office, Circuit Court, Albemarle County, Virginia ("the Clerk's Office"), in Deed Book 4277, pages 371-385, M.O. Whyte and Mary G. Whyte, as Declarants, created, vacated, amended and established for the benefit of and appurtenant to the two parcels of land described therein, certain easements and obligations as set forth therein. B. Steve Hood, Katy Hood, Meredith Noble, John Elder and Elizabeth Elder, Trustees of Rivanna Community Church (hereinafter "Church Trustees") are the current owners of the parcel of land described in the first Recital of the Declaration, said parcel then and now shown on the tax maps of Albemarle County as TMP 31-32 and then and now referred to as Parcel 32. C. 600 Earlysville Green, LLC is the current owner of the parcel of land described in the second Recital of the Declaration, said parcel then and now shown on the tax maps of Albemarle County as TMP 31A-A and then and now referred to as Parcel A. D. Church Trustees and the County of Albemarle, Virginia ("the County") entered into an Agreement To Maintain Stormwater Management Facilities And Other Techniques recorded on May 30, 2018, in the Clerk's Office in Deed Book 5052, pages 678-688 (the "Maintenance Agreement"), in connection with the approval by the County of the Site Plan identified as Rivanna Community Church ("the Site Plan"), with Stormwater Management Plan identified as Rivanna Community Church - WPO-2018-00001, which provides for the detention and water quality treatment of stormwater. 600 Earlysville Green, LLC is not a party to the Maintenance Agreement. E. By Deed of Dedication and Easement dated May 29, 2018, recorded in the Clerk's Office in Deed Book 5057, pages 176-187, Church Trustees granted, conveyed, and dedicated to the County the Stormwater Management Facility Easement and 20' Access Easement described therein and shown on the plat attached thereto ("the Easement Plat"). F. By Deed of Dedication and Easement dated June 6, 2018, recorded in the Clerk's Office in Deed Book 5057, pages 188-196, 600 Earlysville Green, LLC granted, conveyed, and dedicated to the County the Stormwater Management Facility Easement and 20' Access Easement described therein and shown on the Easement Plat, so that Church Trustees could obtain approval of the Site Plan. G. Church Trustees and 600 Earlysville Green, LLC desire to amend the Declaration as hereinafter set forth. Amendment to Declaration 1. Section 2.4. The last paragraph of Section 2.4 of the Declaration is hereby deleted in its entirety and replaced by the following: The Owner of Parcel 32 shall be responsible for 75% of the cost of maintenance of the storm water detention pond (most of which is located within the New Stormwater Facility Easement shown on the Easement Plat) and the drain lines located within the storm water detention pond (other than the drop inlet and drain line located in the northwestern corner of the storm water detention pond); and 600 Earlysville Green, LLC shall be responsible for 25% of the cost of maintenance of the storm water detention pond (most of which is located within the New Stormwater Facility Easement shown on the Easement Plat) and the drain lines located within the storm water detention pond (other than the drop inlet and drain line located in the northwestern corner of the storm water detention pond). 600 Earlysville Green, LLC shall be solely responsible for the maintenance of the drop inlet and drain line located in the northwestern corner of the storm water detention pond. Notwithstanding the foregoing, the Owner of Parcel 32 shall be solely responsible for the construction of the Facilities (as defined, described and provided in the Maintenance Agreement) and remediation of any damage to the existing storm water detention pond and drain lines located within the storm water detention pond. The responsibility for the maintenance of the existing common drain line and drop inlets located within the 15' drainage easement recorded in D.B. 825 Pg. 25 and shown on the Plat attached to the Declaration ("the Existing Common Drain Line") shall be 50% by the Owner of Parcel 32 and 50% by 600 Earlysville Green, LLC. 0) Except as otherwise provided above, the Owner of Parcel 32 shall be solely responsible for the maintenance of any and all drain lines located on Parcel 32. Except as otherwise provided above, 600 Earlysville Green, LLC shall be solely responsible for the maintenance of any and all drain lines located on Parcel A and any connecting drain line(s) from Parcel A to the Existing Common Drain Line. IN WITNESS WHEREOF, this Amendment is executed by Church Trustees and on behalf of 600 Earlysville Green, LLC by its duly authorized Manager. [FOUR SIGNATURE PAGES FOLLOW] 3 Steve. I4o6d of Rivanna COMMONWEALTH O VIRGINIA CITY/COS OFI.a�I� r-� (SEAL) EJOSHIUI,JI TIMOTHY RYAN Churchotary Public nwealth of Virginia 7623069 ion Expires Nov 30, 2019 The foregoing instrument was acknowledged before me this 13 day ofby Steve Hood, Trustee of Rivanna Community Church. My Commission Expires: 11 I311�201--7 I '�Z� tary Public ,00eoeoaeooQae O�PRY MY n•: `_ aty jqw, Tr' stee : C- COMMISSION ; of Rivanna Community Church - o ; NUMBER ; Q %?r�••• 7503158 COMMONWEALTH OF VIRGINIA ACTH ''°'eea��a,�����' -ffY/COUNTY OF��,�c�x�� The foregoing instrument was acknowledged before me this day day of Ame,`2018 by Katy Hood, Trustee of Rivanna Community Church. My Commission Expires: tC \�,.V cZ Notary Public 0 (SEAL) Meredith Noble, Trustee of Rivanna Community Church COMMONWEALTH OF VIRGINIA C4;F6Y/COUNTY OF The foregoing instrument was acknowledged before me this /0 day of JUxe; 2018 by Meredith Noble, Trustee of Rivanna Community Church. A96- My Commission Expires: 0 Z-U ,% I I I I I j"III LB NOTARY ., # 752 B03 Notary Public ; MY COMMIS N a EXPIRES Z 2 313112020 C� ��VEALTN 5 (SEAL) J n lder, Trustee of Rivanna Community Church COMMONWEALTH OF, VIRGINIA ttf 'r'/COUNTY OF h 1 � ctw- Le, The foregoing instrument was acknowledged before me this / day of .Jim 2018 by John Elder, Trustee of Rivanna Community Church. My Commission Expires: -I 2.0 Z o j ....... O� TARY <U�:' •IPUBLIC RE # 7520B03 Y COMMISSION, Notary Public EXPIRES : z '!��'• 313112020 ,•' C� �0....• �J�Q Elizadeth Elder, Trustee of Rivanna Community Church COMMONWEALTH OF VIRGINIA C-H-Y�COUNTY OF Ia`-v-\cwVe C�•c�ky o HIERy (SEA�t�;�pF�Y P�B0�': Q: MY C� COMMISSION C� NUMBER O '• 750315B A0Adl �1� Jak\ The foregoing instrument was acknowledged before me this � --day of Jwte, 2018 by Elizabeth Elder, Trustee of Rivanna Community Church. My Commission Expires: Notary Public 600 Earlysville Green, LLC e .W''�E 0RH0 B Y• ' . �Y .P Ue�C?�� r o� M og CONVMSER W. Perkins, Manager = ' z nn� S►oN F; a � Z 75031 5 STATE OF VIRGINIA eff-YfCOUNTY OF to -wit: The foregoing instrument was acknowledged before me this \d-day of 3 ' 2018, by Roger W. Perkins, Manager of 600 Earlysville Green, LLC, a Virginia limited liability company, on its behalf. My Commission Expires: NotaryUlic 7