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Home My WebLink AboutSDP201900049 Agreements 2020-03-25VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date: ..3/25/2020 Instrument Type:. p►.ra...................................._....:.....: -- ...... Number of Parcels: ....... ....... Number of Pages: ....... 0.... ... [ ] City [X] County ALBE.MARLE........ ........................... . CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor:..... [ ] Grantee: ............... -- ....... ............ ........ — .................. ............ Business/Name 1.......... X Grantor: BERKMAR APARTMENTS, LLC Grantor: ..................... ................. ..................................... 1.......... X Grantee: COUNTY OF ALBEMARLE ..........I ................. . ............. Grantee: RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG FILED Mar 25, 2020 AT 02:50 pm BOOK 05292 START PAGE 0561 END PAGE 0569 INST # 202000003349 TOTAL NUM PAGES 0009 MES (Area Above Reserved For Deed Stamp Oily) Grantee Address Name:COUNTY OF ALBEMARLE _.............. Address: AW MCINTIRE.RD......................................... ....................... ............................................. .................................... ............ ....,...,......... ....... . Cit.CHARLOTTESVILLE tate:...VA.... Zip Code:................ „ .y.............. 22902 Consideration:.$0!00........................ Existing Debt: .$0..00.................. ...... . Actual Value/Assumed:.$P!PQ .......................... PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: M—pp Fair Market Value Increase: 1APP Original Book No.: .......................... ............. Original Page No.: ................. ,... 4................... Original Instrument No.: .......................... Prior Recording At: [ ]City [X] County .!�►LB,EMARLE......................... percentage In This Jurisdiction:.1.0........ Book Number:. 5219............... Page Number....307............. Instrument Number:.............,........... Parcel Identification Number/Tax Map Number- .03200-00-00-05400 ShortProperty Description: .17 j7 g.AC...................................................................................................................,............................................ Current Property Address: ,BERK.M.AR DR City:.CHARLOTTESVILLE...................... State: ..... Y.... Zip Code. ..................22901 Instrument Prepared By: _ALBEMARLE.COUNTYAATTOR1 Recording Paid By:.TIMMONS.GROU.P Recording Returned To: .ALBEMARLE.COUNTY.ATTORNEY...................... Address:. 401.. MCI NT1RE..RD..................................................................................................................................... City:. C.HARLOTTESVILLE. ............................ State:.....YA..... Zip Code:.................22902............ FORM CC-1570 (MASTER, PAGE ONE OF ONE ) lon9 Cover Sheet A a Copyright 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. This Agreement dated this 18th day of March, 2020, by and between the ALBEMARLE COUNTY SERVICE AUTHORITY, a public body politic and corporate ("ACSA') and BERKMAR APARTMENTS, LLC, a Virginia limited liability company ("Owner"); WITNESSETH: A. The Owner is the owner of that certain parcel of land located in Albemarle County, Virginia, containing in the aggregate 17.735 acres, and identified on the current tax maps of Albemarle County, Virginia as Tax Map Parcel 3 2 - 5 4 (the "Property"). B. The Owner is developing the Property into a multifamily residential community, which is zoned for two hundred sixty-one (261) residential dwelling units (the "Project"), which is the subject of a site plan application identified by Albemarle County as SDP201900001 (the "Site Plan"). C. The parties hereto desire to memorialize certain agreeineuts prior to the ACSA issuing its approval for the Site Plan to Albemarle County. D. The ACSA provides sewer service to the Property through an 8-inch diameter sewer located along Berkmar Drive. The sewer main flows south into the Forest Lakes residential area where it meets the Airport Trunk Sewer. The Airport Trunk Sewer was designed to serve a commercial/industrial area, the Deerwood residential area and the Charlottesville -Albemarle Airport. The Airport Trunk Sewer servicing the Property was designed for a peak flow of 960,000 gallons per day (gpd), calculated on then existing zoning for the area to be served. The ACSA's sewer system serving the Property is shown on the attached Exhibit A. E. As a result of the re -zoning of the Property that occurred on July 14, 1993, sanitary sewage flows from the properties served by the Airport Trunk Sewer may exceed the capacity of the Airport Trunk Sewer and existing sanitary sewer capacity downstream. The ACSA is willing to allow residential units on the Property to connect to the sewage collection system, provided the Owner enters into this Agreement with the ACSA to recognize the potential need to expand or replace portions of the existing sewage collection system serving the Property if the connection of such residential units will exceed the capacity of such system at the time of connection as contemplated by this Agreement. AGREEMENT NOW THEREFORE, for and in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows: 1 I-1676466.4 1) Currently the Project is not phased. If the Project becomes phased, this Section applies. The Owner will develop the Project in identifiable phases. Prior to commencement of each phase of the Project, the Owner shall submit to the ACSA the number and type of units proposed to be constructed in such phase. Within forty-five (45) days of the submittal, the ACSA agrees to issue an advisory memorandum that provides the following information, including, but not limited to, information concerning other approved site development plans in place upstream of the Project: (a) the current capacity of the sewage system prior to the connection of that phase of the Project, and (b) projections of the capacity of the sewage system upon completion o f t h at p h a s e o f t h e Project. 2) The ACSA agrees that the Owner may continue to connect the Project's residential units to the sewage collection system to r e c e i v e sewer service until 90% of capacity of the sanitary sewer system serving the Project is reached. The ACSA, in its sole discretion, will determine when 90% of the capacity is reached. 3) The ACSA shall have no obligation to allow the connection of residential dwelling units to the sewage collection system or provide additional sewage capacity to the Project when 90% of the capacity of the sanitary sewer system serving the Project isreached. Atthattime, additional sewer service may not be available for the Project until a replacement sewer or expanded sewer is constructed to ACSA specifications, and the new or expanded sewer is accepted by ACSA under its then existing terms and conditions. This Agreement in no way obligates the ACSA to bear any costs of construction of any necessary improvements for the Project. 4) All customers served by the new sewer shall be customers of the ACSA and shall pay all then applicable ACSA rates, fees and charges, including, but not limited to, sewer connection fees and system development fees, except as specifically provided herein. Further, all customers served through the Project shall be subject to all applicable ACSA Rules and Regulations. Nothing in this Agreement is intended to preclude the ACSA from operating within constraints which are now imposed or which may be imposed by any governmental body, agency or authority, without any legal liability to the ACSA. Further, nothing in this Agreement will obligate the ACSA to allow connections fornew sewer service to the Project if inadequate capacity then exists at facilities and sewers downstream from the Project. 5) This Agreement in no way constitutes a vested interest for planning and zoning purposes. This Agreement in no way affects the ACSA's "first come first served" wastewater allocation policy. This Agreement does not constitute a vested interest to the Owner for sewer service to the Project by ACSA. 6) Any notice required herein shall be mailed to the ACSA and the Owner by certified mail, return receipt requested, or by express mail to: 2 I-1676466.4 Albemarle Caunh_ Se-0jCe Author! ATTN: Gary Q' Connell, Executive Director 168 Spotnap Road, Charlottesville, Virginia 22911 Serkmar Apartments LLC .Attn: Manager 560 Lynnhaven Parkway Virginia Beach, Virginia 23452 If the Owner conveys portions of the Property to others, who in turn will develop residential units on the Property, the Owner shall designate, in writing to the ACSA, one person to receive notice hereunder during the term of this Agreement. 7) This Agreement contains the entire understanding of the parties hereto with respect to the subject matter contained herein. There are no restrictions, promises, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement supersedes all prior agreements and understanding between the Owner and the ACSA with respect to the subject matter hereof. This Agreement may not be amended except by a writing executed by all parties hereto. 8) No waiver of any default by the Owner or the ACSA with respect to this Agreement shall act as a waiver of any subsequent default. 9) This Agreement and the terms set out herein shall run with the land and shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the ACSA and the Owner. 10) Venue for the purposes of resolving any legal dispute shall be the Circuit Court of the County of Albemarle, Virginia. This Agreement shall be interpreted under the laws of the Commonwealth of Virginia. 11) This Agreement may be executed in any number of counterparts for the purposes of convenience but this Agreement shall not be effective until executed by all parties. [Remainder of page intentionally left blank. Counterpart signature pages follow.] 3 I-1676466.4 WITNESS the following signatures and seals: ALB EM AA [.,E COUNTY SERVICE A OICOheg, $xcciltive- STATE OF VIRGINIA COUNTY/CII'y OF_ '� j j fto wit: i�21The foregoing instrument was acknowledged before me this � dayof f - _ - __ 2020, by Gary O'Connell in his capacity as Executive Director, e A on b half of thlbemarle County Service Authority. Notary Public S Puntic • ' MY Commission Expires: r #71 T331M : * � Notary Registration No.: r. +MsS" 4 I-1676466.4 BERKMAR APARTMENTS, LLC, a Virginia limited liability company By: Berklnw- Manager, LLC, its Manager By. Cf�kk "" l "-� Terry M. Marshall Vice President STATE OF VIRG COUNTY/CITI' OF ' - `,�i Q- . �, , to wit: The foregoing instrument was acknowledged before me this .� day of d arc , 2020, by Terry M. Marshall, as Vice President of Berkmar Manager, LLC, as the Manager of Berkmar Apartments, LLC, on behalf of the company. N ry Public My Commission Expires: 3 a Notary Registration No.: -2 f f I _ ❑OROTHY NOBLES NOTARY PUBLIC ;{ REGISTRATION # 211888 [} COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30 2021- INSTRUMENT # 202000003349 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Mar 25, 202 CLERIC by MEE PM JON R- IUG, BOOK 05292 PAGE 0561 - 00569 5 1-1676466.4 �)' "j •V Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: TIMMONS GROUP Cashier: MEB Instrument Type : AG Receipt #: 2020-055286 Instrument # : 202000003349 Date : 03/25/2020 02:50pm Book/Page : 05292 / 0561-00569 Pages : 9 Document: 1 of 1 1st Grantor : BERKMAR APARTMENTS LLC Ex: N 1 st Grantee : COUNTY OF ALBEMARLE Ex-. N Description: 17.732 AC Consideration: 0.00 Assumed Value: 0.00 Pct : 100.00% 1 st City: Y Item # Description Qty Unit Cost Extended 039 Tax Grantee/State 1 0.00 0.00 213 Tax Grantee/Local 1 0.00 0.00 035 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 5.00 407 CC Processing Fee 1 0.66 _ 0.66 Document 1 22.66 Grand Total 22.66 Debit -22.66 Balance 0.00 Customer Copy ALBEMARLE CIRCUIT COURT 501 E JEFFERSON ST CHARLOTTESVILLE, VA 22902 4349724084 Cashier: Margaret 8. Transaction 101608 Total $22.66 CREDIT CARD SALE $22.66 VISA 0970 25-Mar-2020 2-55:04P $22.66 f Metfiod: EMV VISA CREDIT XXXXXXXXXXXX0970 PAM GRAVES Ref #: 008500540860 AUth #: 057626 MID:********4887 AID: A000000O03101001 AthNtwkNm: VISA SIGNATURE VERIFIED