HomeMy WebLinkAboutSDP202100009 Agreements 2021-05-18DocuSign Envelope ID: F5BAAF6E-436B-4BOC-9743-955467381 BA4
999 RIO ROAD SCREENING PREFERENCES
WHEREAS, Windmill Ventures, LLC (the "Owner') is the owner of that certain parcel
located in the County of Albemarle, Virginia (the "County"), designated on County tax maps as
parcel 61-154B, and having an address of 999 Rio Road East (the "999 Rio Property"); and
WHEREAS, 999 Rio Road Development, LLC (the "Developer") is the contract
purchaser of the 999 Rio Property, and desires to develop the 999 Rio Property in accordance
with County requirements and regulations; and
WHEREAS, as part of the rezoning pertaining to the 999 Rio Property, the Developer
agreed, pursuant to Note 7 of Table D of the Code of Development dated January 29, 2020 (the
"Code of Development") that the Developer "shall provide three different reasonable types of
screening options to each of the following grounds, for each of the following locations, as
follows... (c) For the screening along the northern boundary of the Property, to the owners of the
three (3) parcels across Shephard's Ridge Road from the Property: (A) Kent J. Rychick Living
Trust and Susan W. Rychcik Living Trust, the owners of Tax Map Parcel 062FO-00-00-28100
(2050 Shephard's Ridge), and/or their successors or assigns, (B) James G. and Betty D. Cannon,
the owners of Tax Map Parcel 062FO-00-00-2800 (2044 Shephard's Ridge), and/or their
successors or assigns, and (C) Alexis Ann Halley Revocable Trust, the owner of Tax Map Parcel
062FO-00-00-27900 (2038 Shephard's Ridge), and/or its successors or assigns."; and
WHEREAS, the aforementioned parties and the Developer met on several occasions to
discuss the relevant screening of the 999 Rio Property from such respective residences; and
WHEREAS, the aforementioned parties wish to memorialize their decision based on
such conversations.
NOW, THEREFORE, be it resolved as to the following:
DocuSign Envelope ID: F5BAAF6E-436B-4BOC-9743-955467381 BA4
1. Kent J. Rychcik and Susan W. Rychcik, representatives of the Kent J. Rychcik
Living Trust and Susan W. Rychcik Living Trust, and the owners of Tax Map Parcel 062170-00-
00-28100 (2050 Shephard's Ridge), do not wish to participate in the decision of the screening of
the 999 Rio Road development.
2. Fran Slayton hereby has the authority to decide as to the above for James G. and
Betty D. Cannon, the owners of Tax Map Parcel 062FO-00-00-2800 (2044 Shephard's Ridge)
("Fran").
3. Alexis Ann Halley hereby has the authority to decide as to the above for the Alexis
Ann Halley Revocable Trust, owner of Tax Map Parcel 062FO-00-27900 (2038 Shephard's
Ridge) ("Alexis").
4. Fran and Alexis, as evidenced by the signatures below, desire to memorialize their
preference for Option A in the enclosed 999 Rio Road Neighborhood Buffer Options dated
February 17, 2021, last revised April 15, 2021, attached hereto and incorporated herein as
Exhibit "A" (the "Exhibit").
5. For the avoidance of doubt, Fran and Alexis would like to memorialize their
preference for at least three (3) yoshino cryptomerias, planted as container plants (not seedlings
or saplings), to be located in the general areas shown on the Exhibit, with some flexibility to be
provided as to the location of such trees depending on the final grade of the 999 Rio Property.
6. There is an existing tree located at the northeastern corner of the 999 Rio Property,
the Developer shall take all reasonable and practicable steps necessary to preserve said tree, with
two of the yoshino cryptomerias to supplement the screening provided by such existing tree.
The fence shown on the Exhibit shall be a minimum of six (6) feet tall and shall
provide minimal distance between boards so as to screen light from the 999 Rio Property.
2
DocuSign Envelope ID: F5BAAF6E-436B-4BOC-9743-955467381 BA4
8. The Developer shall take all reasonable and practicable steps necessary to preserve
as many trees on the 999 Rio Property as possible.
[SIGNATURE PAGES IMMEDIATELY FOLLOW]
DocuSign Envelope ID: F5BAAF6E-436B-4BOC-9743-955467381 BA4
WITNESS the following duly authorized signatures:
On behalf of James G. and Betty D. Cannon, the owners of Tax Map Parcel 062170-00-
00-2800 (2044 Shephard's Ridge):
Er
ocuSigned by:
ai, S(A��1ev1B8189CBBl 1.
Fran Slayton
5/11/2021
Dated:
[SIGNATURE PAGES CONTINUE ON THE FOLLOWING PAGE]
DocuSign Envelope ID: F5BAAF6E-436B-4BOC-9743-955467381 BA4
On behalf of Alexis Ann Halley Revocable Trust, owner of Tax Map Parcel 062F0-00-
27900 (2038 Shephard's Ridge):
DocuSi9ned by:
oannFnoca>naeu
Alexis Ann Halley
5/7/2021
Dated:
DocuSign Envelope ID: F5BAAF6E-436B-4BOC-9743-955467381 BA4
EXHIBIT A
the Exhibit
Neighborhood Buffer Options
[attached]
M