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Home My WebLink AboutWPO202000037 Stormwater Management Maintenance Agree. 2021-01-264IBM, Commonwealth of FORM A — C( Instrument Datl Instrument Typ Number of Par( 11 ] city 1> TaxExempt? Grantoi ICJ Grantet Business/Name ......... 1...... X GIF 1 X INURECO" COVER SHEET ,inia VA. CODE §§ 17.1-223,-227.1, -249 ?R SHEET CONTENT 1/26/2021 39 ....................................................... I ..... IS:......?....... Number of Pages: ....... A....... County ... AL.BEM....A..RL.E ............................................................ CIRCUIT COURT VIRGINIA/FEDERAL CODE SECTION 17.1-266 17.1-266 GALAXIE FARM INVESTMENTS, LLC COUNTY OF ALBEMARLE, VIRGINIA Grantee Address Name: COUNTYIOF ALBEMARLE, VIRGINIA ............................................... e AA_1 --- 401 MCINTIRE ROAD RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF C'IR 1 IT COURT FILED Jan 26, 2021 AT 03:34 pm BOOK 05468 START PAGE 0242 END PAGE 0251 INST # 202100001504 TOTAL NUM PAGES 0010 MEB (Area Above Reserved For Deed Slamp Only) City: ICHARLOTTESVILLE VA 22902 ty......:.......................................................................... State:................. Zip Code:.............................................. ConsiIderation: �s... oo..................... Existing Debt:$O.:�............................. Actual Value/Assumed:.$o..00............................ PRIOR INSTRUMEN UNDER § 58.1-803(D): Original Principal:.^5..O.: 0 0........................... Fair Market Value Increase: ........................................... Original B I k No.: ........................................ Original Page No.:........................................ Original Instrument No.:............................................ Prior, Recording At: [ ] City D< County .ALBEMARLE.. ............................. Percentage In This Jurisdiction:..looe Book umber: _...9..... Page Number:..50.................. Instrument Number:.......................................... Parcel Identification Number/Tax Map Number: _09100-00-00-00900 GALAXIE FARM SUBDIVISION Short 'Property Description:............................................................................................................................................................................................................... 'WPO-2020-00037 Current Property, Address: ,1,93. GALAXIE FARM LN City: jCnRLOTTESVILLE............... VA...... Zip Code ...22902 1nstrui ent Prep i ed By: ALBEMARLE COUNTY CDD RCCOrding Pald $y: VA CODE 17.1-266 Recording Returned To: CARLA HARRIS ........................................................................................................................................... Addie�ss:_ALBEMARLE COUNTY COMMUNITY DEV, 401 MCINTIRE RD - NORTH WING City: State:...... VA.... Zip Code:._22902 FORM CC-1570 (MA.STER�PAGE ONE OF TWO ) 10119 Cover Sheet A 0 Copyright 2014 Office of t. e Executive Sccrr�rary, Supteme Coun of Virginia. All rights reserved. 2021000015 VIRGINIA I Commonwealth of FORM C — Al: Instrument Datl Instrument Typ Number of Parc [ ] City (X Parcels Identifil I Prior Recording [ ] City N Percehtage In T City: Prior Book Short City: FORM CC-1570 (MAST ® Copyright 2014 Otfu AND RECORD COVER SHEET irginia VA. CODE §§ 17.1-223, -227.), -249 IITIONAL PARCELS .....................1/26/2021..................... AG .................................................................... IS: ...... ....... Number of Pages: ....... e........ County ALBEMARLE ......................................................................... CIRCUIT COURT Map County ALBEMARLE .................................................... is Jurisdiction: ..... 100% i 445............... Page Number:.54, (Area Above Reserved For Deed Stomp Only) ton Number (PIN)/1'ax Map Number: ...................09100-00-00-01500............................................... escription: GALAXAR ..................IE .....F......M .....................SUBDIVISION............................................................................ WPO-2020-00037 Address: XR ... I .. 9 . 2 ......GALA................IE ........FA........M ...LN................................................................................. ISVILLE...................................................... State: ...... A..... Zip Code: .zz9o2 County Page Number: Number/Tax Map Number: Address: .............. Percentage In This Jurisdiction: Instrument Number: ............................................... State: ......... ....... Zip Code: ■ 11,Ji OF TWO Ilong ary, Supreme Court of Virginia. All rights reserved. Cover Sheet C 202 00001504 This docu Albemarle ' 003 nent was prepared by: County Attorney County) of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax MAD Parcels 09100-00-00-00900 and 09100-00-00-01500 This agreement is exempt fronr Clcrk's fees under Kigioia Code § 17.1-266 AGREEMENT TO MAINTAIN ATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES THIS AGREEMENT is entered into by and between GALAXIE FARM INVESTMENTS, LLC, i Virginia limited liability company, 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. The Owner is the fee simple owner of certain real property described as Albemarle County Tax Map Parcels 09100-00-00-00900 as recorded in the Clerk's Office of the Circuit Court of Alberni le County, Virginia, in Deed Book 5445, page 50 and 09100-00-00-01500 as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5445, pa 54 heri after called the "Property"; and R- i . The Owner is proceeding to build on and develop the Property; and R- I. The Property is within the County's Municipal Separate Storm Sewer System (hereinafter, "MS41 jurisdictional area; and I R-, 1. The Site Plan/Subdivision Plat identified as Galaxie Farm Subdivision, was approved and, in conjunction therewith, a Stormwater Management Plan, identified as VSMP Plan for Galaxie Farm Subdivision — WPO-2020-00037, hereinafter called the "Plan," which is expressly made all part hereof, as approved or to be approved by the County, and which provides for the detentil n and water quality treatment of stormwater within the confines of the Property; and R-5. The Plan and the land disturbing activity related thereto ate subject to the Virginia Stormx rater Management Act (Virginia Code § 62.1-44.15:24 et seq.), as implemented in part by Chapter 17, Water Protection, of the Albemarle County Code; and R-6. 9VAC25-870-112 and Albemarle County Code § 17-415 require the Owner and the County Version: 6/132019 202 00001 04.004 to enter into this agreement in order to ensure the long-term maintenance of the permanent tter management facilities and/or other techniques required to serve the Property and, for those facilities within the County's MS4 jurisdictional area, 9VAC25-890-40 imposes additional tents, and the County implements 9VAC25-870-112 and 9VAC25-890-40 through County Code § 17-415 and this Agreement; and R-7. For those facilities within the County's MS4 jurisdictional area, this Agreement also s, in part, the County's obligations under Minimum Control Measure Number 5 (post- tion stormwater management) in the Albemarle County 5-Year MS4 General Permit and Plan; and Albemarle County Code § 17-415 requires that permanent on -site stormwater management and/or other techniques, as shown on the Plan, including all pipes and channels built to convey stormwater to and from the facilities, all structures, berms, inlet and outlet structures, pond areas, filtration media, and forested and open space areas (which are considered to be a :rural technique to meet stormwater management requirements), provided to control the and quality of the stormwater, access roads, and any other improvement that may affect the proper functioning of the Facilities (hereinafter, "stormwater management facilities and other es" are referred to individually as a "Facility" and collectively the "Facilities") be and adequately maintained by the Owner in perpetuity. In consideration of the foregoing premises, the mutual covenants contained herein, and the 1. terms and conditions, the parties hereto agree as follows: The Owner shall construct and protect the Facilities that are required to be constructed, and shall do so in accordance with the ;finial Stormwater Management Act plans and specifications identified in the Plan. 2. Obli—oation of the Owner to maintain the Facilities. The Owner shall maintain the in good working condition for so long as the Facilities exist, in a manner that meets or exceedslthe maintenance standards provided herein, subject to the following: - "Good working condition" defined. For the purposes of this Agreement, a Facility is in "good working condition" when it performs its design function in accordance with the plans and specifications identified in the Plan, including all conditions imposed in conjunction with approval of the Plan,'iu d-cdinplies with all applicable standards, as determined by the Albemarle County (hereinafter, the "County Engineer") r A *A9k0JE1VD; For the purposes of this Agreement, Version: 6/13/2019 202100001 "maint " and "maintenance" include, but are not limited to maintaining, repairing, replacing, reconstructing, preserving, and restoring the Facilities or any part thereof necessary to comply with the plans and specifications identified in the Plan. IC. Maintenance schedule. The Owner shall maintain the Facilities in compliance with the mainte Iance schedule in the approved Plans as required under Albemarle County Code § 17- 403(A)(I). D. Professional engineer may be required to direct work. The County Engineer may require 'that specific maintenance work be performed under the direction of a professional engineer. 3. Insnections and the Inspection Reuort by the Owner. The Owner shall have the Facilities inspected to ensure that the Facilities are in good working condition, subject to the A. Who may inspect the Facilities. The Facilities shall be inspected by the Owner or upon w itten demand by the County Engineer by a person who: (1) is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Virginia Code § 54.1-400 et seg.; (2) works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor referenced in subsection (A)(1); or (3) who holds an appropt ate certificate of competence from the State Water Control Board. B. What must be inspected. The inspections shall be conducted according to the requirements of 9VAC25-870, et seq. or as that section is hereafter amended. C. When inspections shall be conducted. The Facilities shall be inspected as specified in the appI ved Plans or by the County Engineer. D. What documents must be maintained. The inspection shall be documented on a form prI vided by the County Engineer and shall be completed to the satisfaction of the County Engine I (hereinafter, the "Inspection Report"). At a minimum, the Inspection Report shall provide, as appli fable, the date of the inspection, the name of the inspector, a description of the condition of all pipes and channels built to convey stormwater to and from the facilities, all structures, berms, inlet and outlet structures, pond areas, filtration media, forested and open space, vegetation provided to contrl 1 the quantity and quality of the stormcvater, access roads, and any other improvement that may affect the proper functioning of the Facilities, a list of all deficiencies causing the Facilities not to be in (good working condition, including all control measures not operating effectively and all control i easures that are inadequate, a list of required maintenance work to be performed so that the Facilities are restored to good working condition, and the date by which the maintenance work Version: 6/13/2019 202100001 r I will be performed. I E. To whom and when an Inspection Report must be submitted. The Owner shall submit the Inspection Report and any other requested inspected documentation to the Director, AlbemaI He County Department of Facilities and Environmental Services, 401 McIntire Road, Charlottesville, Virginia 22902 or a successor department, office and address delineated by the County Ito the Owner. The Owner shall provide the Inspection Report to the Department within thirty (Sr days after completion of the inspection. F. Section 3 satisfied if County conducts inspection in any year. The Owner's obligation to have the Facilities inspected and to submit an Inspection Report under Section 3 shall be deemed to be satisfied in any inspection period in which the County conducts an inspection under Si ction 4 and as provided in Albemarle County Code § 17-811. G. Inspection Period defined. For the purposes of this Agreement, inspection period means the one-year period beginning and ending on the anniversary of the date of this Agreement first herl inabove written. 4. Permission to the County to inspect the Facilities. The Owner hereby grants permission to the Clounty, including its authorized agents and employees, to enter upon the Property and to inspect Ithe Facilities whenever the County deems an inspection to be necessary, subject to the A Purposes for County inspection. The County may inspect the Facilities for the . purpose of determining the condition of the Facilities including, but not limited to, determining whether the Facilities are in good working condition, investigating any deficiencies reported in the Inspectii n Report, responding to citizen complaints about the Facilities, and inspecting or observing any in i tenance of the Facilities. B. Prior notice to the Owner not required. The County shall not be required to provide prior no ce to the Owner to enter the Property to conduct the inspection. C. Inspection findings and demand for maintenance. The County shall provide the Owner I th a copy of the findings of its inspection of the Facilities. If the inspection concludes that maintenince of any of the Facilities is required, the County also shall provide the Owner with a demand that the Owner maintain the Facilities and the date by which the maintenance work must be 5. The Owner shall comply with the following: Version: 6/132019 2021000015 4.007 A. Corrective action. If the inspection identifies the need for a corrective action, it shall be comple led as follows: (t) if the Albemarle County Engineer determines, in their sole discretion, that failure to implement the corrective action creates an imminent or potentially imminent threat to the public health or safety, the Owner shall complete corrective action as soon as practicable, but no later th In seven M days after discovery; (ii) if an inspection identifies a Facility that is not operating effectively, but is not an imminent or potentially imminent threat to the public health or safety, the Owner shall complete corrective action as soon as practicable, but no later than sixty (60) days after discovery or a longer period allowed in writing by the County Engineer; (iii) if an inspection identifi i an existing Facility that needs to be modified or if an additional control measure is necessary, implementation shall be completed prior to the next anticipated measureable storm event; if implementation before the next anticipated measureable storm event is impractical, then it shall be implemented no later than sixty (60) days after discovery or a longer period allowed in writing by the County Engineer. The term "control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to State waters, or otherwise restrict 01 r alter the hydraulics of stormwater flow and discharge. B. Maintenance. If the Inspection Report under Section 3 or the inspection conducted by the Coul ty under Section 4 identifies Facility deficiencies, the Owner shall promptly complete the maintentrice work by the date specified in the Inspection Report or as demanded by the County. When I e maintenance work is completed, the person performing or directing the work shall certify to the CLunt), that the Facilities are in good working condition. 6. Right of the County to enter the Property to maintain the Facilities. If the Owner fails to maintain the Facilities in good working condition as required by Section 2 or fails to complete timely maintenance work as required by Section 5, the County, including its authorized agents and employees, may enter upon the Property and take whatever steps necessary to bring the Facilities into good working condition and to otherwise correct all deficiencies identified in the Inspection Report tinder Section 3 or the inspection conducted by the County under Section 4, subject to the A. No right to erect permanent structures, exceptions. The County's right to take "whatevlr steps necessary" shall not be construed to allow the County to erect any structure of a permanent nature on the Property unless: (1) the structure is required to ensure that the Facilities perform their design functions; or (2) it is a structure to house equipment to monitor the Facilities and any fencing related thereto. 5 Version: 6/132019 2021 00015 4.008 County not obligated to maintain the Facilities. It is expressly understood and agreed that the County is under no obligation to repair or otherwise maintain the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. 7. If the County performs any maintenance work on the under Section 6, it will charge to the Owner all of the County's costs including, but not limited to, those costs for labor, equipment, supplies, materials, and project or contract inistration. The Owner shall reimburse the County for its costs, subject to the following: Written demand. The County shall send to the Owner a written demand for payment of all of its costs. The demand may be sent by fast class mail to the address to which County real tax bills ate mailed or to another address provided by the Owner to the County. Timely_ payment. The Owner shall reimburse the County for the costs identified in the written demand within thirty (30) days after the date of the written demand. Collection by County. The County may collect any amount not timely reimbursed by the Owher in any manner authorized by law and may place alien against the property in the amount of the rion-reimbursed costs, plus interest at the rate authorized by law. The following shall apply to this Agreement: No County liability. This Agreement imposes no liability of any kind whatsoever on the County, including its agents, officers and employees. E3. Obligation of the Owner to indemnify and hold harmless. The Owner shall fy and hold harmless the County, including its agents, officers and employees, for any and all accidents, casualties, occurrences or claims which might arise or be asserted against the including its agents, officers and employees, resulting from the failure of the Facilities to their design function or to otherwise operate properly; any repairs, maintenance, :lion, or any other acts performed by the County or the Owner, including their respective agents, (officers and employees, related to the Facilities, regardless of how those acts were performed except if the County's acts are the product of willful misconduct; or the Facilities' existence. C. Notice of and defense of actions. If a claim is asserted against the County, including its agents, officers and employees, based upon any of the indemnities in subsection (B), the County shall p o mpdy notify the Owner of the claim. The Owner shall defend, at its expense, any lawsuit or other action arising therefrom. If, as a result of a claim, any judgment is allowed against the County, 6 Version: 6/132019 its ager and fee 9. Agrees determ 10. Clerk's runnin3 heirs a1 11. parties officers and employees, or any of them, the Owner shall pay all damages, costs, expenses associated with the judgment. Any reference in this to a County department or office includes its successor department or office as by the County. This Agreement shall be recorded by the County in the of the Circuit Court of Albemarle County, Virginia, shall constitute a covenant with the land, and shall be binding on the Owner, its administrators, executors, assigns, any other successors in interests, including any homeowners' association. This Agreement shall be deemed to have been entered into by the shall be effective on and after the date it is signed by the Albemarle County Executive. the following signatures: OWNER: Galaxie Farm Investments, LLC, a COMMONWEALTH OF VIRGINIA CITY%COUNTY OF Cleo Metyill2 Virginia limited liability company Inc., Its Manager The foregoing instrument was acknowledged before me this Jr day of aHuw 0—O by Alan R. Taylor, President and Authorized Officer, on behalf of River Bend M Inc., Manager of Galaxie Farm Investments, LLC, a Virginia l�imiitte/ed� livability company. Notary Public o` DER A. JG.............. , My Commission Expires: 10 I 2z NOTARY. °: = PUBLIC n • REG. 97807103 •': f Regis tion Number: 7807103 : O : MYCOMMISSION c — %?�'t, EXPIRES e Z 21 L OF,o` "Hanna„100 SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 6/13/2019 202100001 010 My OF ALBEMARLE, VIRGINIA Jeffrey B. Richard: County Executive ,TH OF VIRGINIA OF cgAL1.oTtELoo1U£ e foregoing instrument was acknowledged before me this' ay of r— j ffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of County, Virginia. No&ry Public ission Expires: (1-,)&.Da3 Number: 'lln2;'1koa I as to Form: EM] EENLIC V3RG?NIAEXPIRES023 t Mx. 2D l Attorney Date BE i� 101. INSTRUMENT # 2021013001904 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Jan 26, 2021 AT 03:34 pm JON R. ZUG, CLERK by MEB BOOK 05468 PAGE 0242 - 00251 0 Version: 6/132019