HomeMy WebLinkAboutWPO201600009 Agreement - SWM Maintenance 2016-11-022-
VIRGINIA LAND RECORD COVER SHEET
FORM A - COVER SHEET CONTENT
Instrument Date: 1.0_/31/2016
Instrument Type; ..._ , _AG --- -------
Number of Parcels: 1 __ Number of Pages: - __ �,•. __
[ ] City N County
------------------------------ ALBE'MARLS----------------------- ----
TAX EXEMPT? VIRGINIA/FEDERAL LAW
[ ] Grantor:
[ ] Grantee:
Consideration:
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
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Original Book Number: ---------- Original Page Number: -__•,__
Prior Recording At: [ ] City D< County
11254
11
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Doc ID: 033442740007 Type: DEE
Recorded: 11/02/2016 at 02:45:55 PM
Fee Amt: $17.00 Pape 1 of 7
Albemarle County, VA
Jon R. Zug Circuit Clerk
Filet! 2016-00012541
EIK4835 Pr.304-310
(Area Above Reserved For Deed Stump Only)
Original Instrument Number- ___________
ALBEMARL _ ---- ------------------ Percentage In This Jurisdiction: , ... _ __-- 100%
BUSINESS / NAME
Grantor: EAST VILLAGE LLC
--------...------------------------------------------ -----------------------------
2 -- pQ Grantor: MARCH MOUNTAIN PROPERTIES, LLC
--------------------------•--•--•----------
Grantee: BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA
[ ] Grantee:
GRANTEE ADDRESS
Name: BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA
•-----------------------•--- ------------ ----
Address: 401 MCINTIRE ROAD
--- -- -- - ---- ----- -
City: CHARLOTTESVILLE 22902
------------------------------- State: VA Zip Code: --------------------------------
Book Number: ---------- Page Number: __-•_--__. Instrument Number_ ------------ -----------
Parcel identification Number (PIN): 0555E0-01-00-000A6_ Tax Map Number: AJ, M�_________-____ _ __
OLD TRAIL BLKS 10
Short Property Description: .. ___ - 1617 18 AND 30
WPO 2016-00009
Current Property Address: ---------------
City: CROZET 22932
- ---------------------•------- - - --- State: ---- A - Zip Code: -----
Instrument Prepared By: WOODS ROGERS PLC Recording Paid By: WOODS ROGERS PLC
• ------------------------
---- ------------------- --------------------------
Recording Returned To: _ WOODS- ROGER5 PLC
Address: 123 EAST MAIN STREET 5TH FLOOR
---------- -- ----- --- ------------- ...............
City:
CHARLOTTESVILLE State: VA Zip Code: 22902
----------------------------------- ----------------------------- - --------•---------------•-------
FORM CC-1570 Rev: 7/15 Page 1 of 1 Cover Sheet A
§§ 17.1-223, 17.1-227.1, 17.1-249
Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved.
STORMWATER MANAGEMENTBMP FACILITIES MAINTENANCE AGREEMENT
THIS AGREEMENT, dated this �latlay of O r-+A er , 2016, by and between EAST
VILLAGE, LLC, a Virginia limited liability company (hereinafter, "East Village"), MARCH
MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company (hereinafter, "March
Mountain Properties"), and the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY,
VIRGINIA (hereinafter, the "County").
WITNESSETH
WHEREAS, the County is the owner of a publically dedicated greenway known as Old
Trail Park. Two portions of said park are shown on the following plat as "SGA VAR'
(hereinafter, the "County Property"):
PIat entitled "Plat Showing New Stormwater Management Easements and ACSA
Sanitary Sewer Easements TMP 055EO-01-00-000HO Old Trail Park Old Trail
Subdivision White Hall Magisterial District Albemarle County, Virginia" dated
June 20, 2016, last revised September 14, 2016, prepared by Roudabush, Gale &
Associates, Inc., which plat is of record in the Clerk's Office of the Circuit Court
of Albemarle County, Virginia prior hereto (the "Park Plat").
WHEREAS, East Village is the owner of the following property (hereinafter, the "East
Village Property"):
All that certain tract or parcel of land with improvements thereon and
appurtenances thereto situated in Albemarle County, Virginia, containing 23.710
acres, more or less, shown as Parcel "EV" on a plat entitled "Subdivision. of TMP
55E-01-A1 Being The Proposed East Village of Old Trail Village Subdivision
White Hall Magisterial District Albemarle County, Virginia" by Roudabush, Gale
& Associates, Inc., dated April 25, 2016, of record in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia in Deed Book 4780, page 372
(hereinafter, the "East Village Plat").
WHEREAS, March Mountain Properties is the owner of that certain property adjacent to
the East Village Property as shown on the East Village Plat (hereinafter, the "March Mountain
Properties Property");
WHEREAS, March Mountain Properties and the County are parties to that certain Storm
Water Management/BMP Facilities Maintenance Agreement providing for the construction and
maintenance of the stormwater facility within the easement shown on the Park Plat as "SWM-X
VAR", which agreement is of record in the Clerk's Office of the Circuit Court of Albemarle
I
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012
(91950216-4, 112880-00032-03)
County, Virginia in Deed Book 3941, pages 671-677, and which easement is of record in the
aforesaid Clerk's Office in Deed Book 3955, pages 1-10 (hereinafter, the "Prior Maintenance
Agreement");
WHEREAS, the parties hereto desire that this Agreement supersede and replace the Prior
Maintenance Agreement;
WHEREAS, East Village is proceeding to build on and develop the East Village
Property pursuant to a Site Plan/Subdivision Plan known as Old Trail Village Blocks 10,16,17,
18 & 30;
WHEREAS, the Water Protection Ordinance (WPO) PIan described as 2016-00009
Stormwater Management Plan (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 County Property;
WHEREAS, the County, East Village and March Mountain Properties, their respective
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 County Property; and
WHEREAS, the County requires that the stormwater managementlBMP facilities as
shown on the Plan be constructed and adequately maintained by East Village and March Mountain
Properties (hereinafter, the "Developers"), their respective 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:
I. This Agreement supersedes and replaces the Prior Maintenance Agreement.
2. The on -site and adjacent stormwater management/BMP facilities shall be constructed
by the Developers, their respective successors and assigns, in accordance with the plans and
specifications identified in the Plan.
3. The Developers, their respective 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.
2
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012
(#1950216-4,112880-00032-031
Adequate maintenance is herein defined as good working condition so that these facilities are
performing their design functions.
4. The Developers, their respective successors and assigns, shall inspect the stormwater
managementBMP 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.
S. The Developers, their respective successors and assigns, hereby grant permission to
the County, its authorized agents and employees, to enter upon the East Village Property and the
March Mountain Properties Property to inspect the stormwater managementBMP 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 Developers,
their respective successors and assigns, copies of the inspection findings and a directive to
commence with the repairs if necessary.
6. In the event the Developers, their respective successors and assigns, fail to maintain the
stormwater managementBMP facilities in good working condition acceptable to the County, the
County may enter upon the East Village Property and the March Mountain Properties Property to
take whatever steps necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Developers, their respective successors and assigns. This
provision shall not be construed to allow the County to erect any structure of permanent nature on
the land of East Village or March Mountain Properties. 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.
7. The Developers, their respective 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.
S. 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 Developers, their respective successors and assigns, shall reimburse the County
3
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012
(#1950216-4, 112880-00032-03)
upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the
County hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the County and the
Developers agree to hold the County harmless from any liability in the event the stormwater
management/BMP facilities fail to operate properly.
10. 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 East
Village and March Mountain Properties, their respective administrators, executors, assigns, heirs
and any other successors in interests, including any homeowners association.
SIGNATURE PAGES IMMEDIATELY FOLLOW
4
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012
(#1950216-4, 112880-00032-03)
WITNESS the following signatures and seals:
EAST VILLAGE, LLC,
a Virginia limited 1�1�bility company
0'
� s
Title: Manager
MARCH MOUNTAIN PROPERTIES, L.L.C.,
a Virginia limited liability company
By: Ae'x_
Name: Gib - h n � j • —�'f'OD k-J.
Title: Manager
COMMONWEALTH O V GINIA
CITYICOUNTY OF to -wit,
The foregoing i strument was acknowledged before me this/ day of October 2016, by
as%'
Manager of East Village, LLC, a Virginia limited liability
compa , and as Ma ager of March Mountain Properties, L.L.C., a Virginia limited liability
company.
AG.NES M. GARVER�
NOTARY PUBLIC Nota Public
COMMONWEgLTN OF VIRGINIA �y�
RdY COMMISSION EXPIRES SEPT. 301 2020 My Commission Expires: a �Q �(/ '�'v
Commission No.: 1dfJ f��
5
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012
(91950216-4, 112880-00032-03J
COUNTY OF ALBEMARLE
By: NI C (SEAL)
Thomas C. Foley, County Exec e
APPROVED AS TO FORM:
Cou A or ey
-j
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE to wit:
UI60The foregoing instrument was acknowledged before me this � day of
✓ 2016, by Thomas C. Foley, County Executive of Albemarle County,
Virginia.
Notary Public �J
My Commission expires. C�G
: Commission No. 53 9 �"� �"�`®°� ••••. •. ��C���
C
RECORDED IN CLERKs
OFFICE OF
ALBEMARLE ON
NOVEMBER 2. 2p16 at 2'. -.55 PM
AS REQUIRED SYVACODE 658.1-802
STATE: $0.00 LOCAL: $0.00
ALBEMARLE COU N. VA
jl
JON R. ZUG Cl
pG
6
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012
(91950216-4. 112880-00032-031