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Home My WebLink AboutSUB200900004 Easements 2014-11-19 Page'1 of 10' Instrument Control Number O I 13 tIr 9' Commonwealth of Virginia IIIIIIIIOII11011111111IOIIJOIIIIIIIIMIIIIIIIIIIIIIMIJJJIII Land Record Instruments Doc ID: 033021200010 Type: DEE Recorded: 11/19/2014 at 03:13:26 PM Cover Sheet- Form A Fee Amt: $21.00 Pape 1 of 10 Albemarle County, VA Debra M. Shipp Ciruit Clerk File# 2014-00011349 [ILS VLR Cover Sheet Agent 1.0.66] BK4557 Po560-569 T c Date of Instrument: [11/19/2014 ] A O Instrument Type: [AG ] X R P E Number of Parcels [ 4] X Number of Pages [ 7] E (Box for Deed Stamp Only) M City n County I x I [Albemarle County ] p First and Second Grantors T _ Last Name First Name Middle Name or Initial Suffix X. [County of Albemarle,Vir ][ ][ ][ ] a ❑ [ ][ ][ ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ® [Piedmont Neighborhood ][ ][ ][ ] ❑ ❑ [ ][ ][ ][ ] Grantee Address (Name) [Piedmont Neighborhoods LP ] (Address 1) [11111 Sunset Hills Roads ] (Address 2) [Suite 200 ] (City,State,Zip) [Reston ] [VA ] [20190 ] Consideration[0 00 ] Existing Debt[0 00 ] Assumption Balance [0 00 ] Prior Instr. Recorded at:City ❑ County❑ [ ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ , ] Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [09400-00-00-00100 ] Short Property Description [ ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ][ ] Instrument Prepared by [Albemarle County Attorney ] Recording Paid for by [Royer, Caramanis&McDonough ] Return Recording to (Name) [Royer, Caramanis&McDonough ] (Address 1) [200-C Garrett Street ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA][22902 ] Customer Case ID [ ] [ ][ ] 11� + ti +1� 111 ' r Cover Sheet Page#1 of 3 Dag MI Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 1 Fade Instrument Control Number 0 1 Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of Instrument: [11/19/2014 ] A RR 0 Instrument Type: [AG X AAR N N P Number of Parcels [ 4] E T T X 0 E Number of Pages [ 7] E R E City El County x I [Albemarle County ] (Box for Deed Stamp Only) Grantors/Grantees/Parcel Continuation Form C T Last Name First Name Middle Name or Initial Suffix ❑ ❑ ❑ ❑ [ ][ ]I ][ ❑ ❑ ❑ ❑ [ ][ J[ ][ ❑ ❑ ❑ ❑ [ ][ ][ ]I ❑ ❑ ❑ ❑ [ ][ ][ ][ ❑ ❑ ❑ ❑ [ ][ ][ ][ Prior Instr.Recorded at:City ❑ County❑ [ ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr.No [ Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [08000-00-00-04800 Short Property Description [ ] I ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ][ ][ Prior Instr. Recorded at:City ❑ County❑ [ ] Percent.in this Juris. [ 100] Book [ J Page [ ] Instr. No [ Parcel Identification No(PIN) [ j Tax Map Num. (if different than PIN) [093A4-00-00-000H0 J Short Property Description [ ] Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ][ ][I r � � 41g Cover Sheet Page#2 of 3 Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 2 Fade 3of10 Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of Instrument: [11/19/2014 ] A R R 0 Instrument Type: [AG ] XAAR N N P Number of Parcels [ 4] E T T X 0 E Number of Pages [ 7] E R E City n County Ox [Albemarle County ] (Box for Deed Stamp Only) M P Grantors/Grantees/Parcel Continuation Form C T _ Last Name First Name Middle Name or Initial Suffix ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] ❑ ❑ ❑ ❑ [ ][ ][ ][ ] Prior Instr.Recorded at:City ❑ County❑ [ ] Percent.in this Juris. [ 100) Book [ ] Page [ ] Instr.No [ ] Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [093A4-S3-00-00100 ] Short Property Description [ ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ]I ] Prior Instr. Recorded at:City n 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) [ ][ ][ ] III' Cover Sheet Page#3 of 3 Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 3 Page 4 of 10 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Number 09400-00-00-00100,08000-00-00-04800,093A4-00-00-000H0 and 093A4-S3-00-00100 AGREEMENT FOR THE MAINTENANCE OF STREET SIGNS THIS AGREEMENT is made this 24 day of October 2014 by and between Piedmont Neighborhoods,LP ,whose address is 1111 Sunset Hills Road,Suite 200,Reston,VA 20190, the Grantor for the purposes of indexing,hereinafter referred to as the"Owner,"and the COUNTY OF ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of Virginia,the Grantee for the purposes of indexing,hereinafter referred to as the"County." WITNESS: WHEREAS, the County approved the subdivision plat known as"Glenmore, Section S5 (A Cottage Section)Phase 4 Lots 10 thru 19 &Boundary Line Adjustment between Tax Map 80 Parcel 48 and Tax Map 94 Parcel 1,Scottsville Magisterial District Albemarle County, Virginia,"prepared by Roudabush, Gale&Associates,Inc.,dated July 4,2013,revised August 8,2013 as depicted by plat in the land records of the Circuit Court of the County of Albemarle, Virginia at Deed Book 4419,page 175, And also on the Subdivision Plat of Roudabush,Gale& Associates,Inc.,dated October 8,2012,revised January 2,2013 entitled"Subdivision Plan Glenmore Section S5(A Cottage Section)Phase 2 Lots 3 Thru 8 &29 Thru 32 &Phase 3 Lots 20 Thru 28 &Boundary Line Adjustment Section S3,Lot IA Scottsville Magisterial District �ll Albemarle County,Virginia"depicted by plat in the land records of the Circuit Court of the County of Albemarle,Virginia at Deed Book 4351,page 64. WHEREAS,the Owner agrees to assume all responsibility for the installation and maintenance of the Signs as approved by the County and described in Attachment A. 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: 1. Obligation shall run with the land. The Owner's obligation to maintain the Signs as provided in this Agreement shall run with the land in perpetuity and shall be binding on the 1 Version:05/10/13 Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 4 Page 5of10 Owner and its successors and assigns. All references in this Agreement to the"Owner"include the Owner's successors and assigns. 2. Standard to which signs shall be maintained.The Owner shall maintain the Signs in substantially the same condition they were in when they were installed and approved by the County. Specifically,each Sign shall at all times comply with the applicable sign design as described in Attachment A, and shall at all times be in good condition so that it performs its design function.The obligation to maintain shall apply to the Sign,the Sign post, Sign hardware, and surrounding landscaping and soil that may prevent the Sign from performing its design function."Maintenance"or any derivative of that word includes maintenance,replacement, reconstruction and the correction of defects or damage,and otherwise keeping the area surrounding the Sign free and clear of soil,landscaping or the storage or accumulation of any other materials that may obstruct the Sign.With respect to maintaining soil and landscaping, "maintenance"also shall include trimming or removing landscaping or removing or reshaping soil that obstructs the Sign. 3. Timing or conditions warranting maintenance of the Signs. The Owner shall promptly maintain a Sign when it is out of compliance with the applicable sign design as described in Attachment A,when it is not performing its design function,whenever the County informs the Owner in writing that one or more Signs require maintenance as provided in Section 6,and whenever it is missing,damaged so that it cannot perform its design function,or destroyed. Whenever a Sign is missing, damaged or destroyed,the County shall install a standard temporary sign that shall remain in place until a permanent replacement Sign approved by the County is installed by the Owner.The Owner shall install the approved permanent replacement Sign within thirty(30)days after the County's installation of the temporary sign;provided that the County may extend the thirty(30)day period for good cause shown. 4. No public maintenance.No public agency,including the Virginia Department of Transportation and the County,shall be responsible for maintaining the Signs. 5. Plat to which this Agreement pertains.This Agreement pertains to the Plats identified in the recitals. 6. Right of County to inspect Signs.The Owner hereby grants permission to the County,its authorized agents and employees,to enter upon the Property and to inspect the Signs when 2 Version:05/10/13 Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 5 Page 6 of 10 deemed necessary by the County or in response to citizen complaints.The County shall provide the Owner copies of the inspection findings and,if necessary, a directive to maintain the Signs. 7. Notice of proposed assignment or transfer.The Owner shall notify the County in writing at least ten(10)days prior to the assignment or transfer of this Agreement. 8. Miscellaneous. The following provisions apply: A. Modifications.This Agreement or any part thereof may not be modified,except by written agreement of the parties signed by the duly authorized officers of the parties. B. No waiver. Omission or delay by either party to this Agreement at any time to enforce any right or remedy reserved to it,or to require performance of any of the terms of this Agreement,shall not be a waiver of any right or remedy to which either party is entitled,and shall not in any way affect the right of either party to enforce the provisions thereafter.However, this section shall not be construed to be a waiver or a tolling of an applicable statute of limitations,or to prevent either party from raising the statute of limitations as a defense in any proceeding. C. Applicable law.This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that proper venue,in.the event of litigation concerning this matter, shall be in Albemarle County,Virginia. D. Severability.If any provisions of this Agreement shall be held to be invalid,illegal or unenforceable,the validity of all other provisions hereof shall in no way be affected thereby. E. Successor and assignees.Neither party shall assign or transfer this Agreement or any of its respective rights hereunder without the prior written permission of the other party. F. Entire agreement.This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the work to be performed under this Agreement. G. Recordation.Upon execution by the parties,this Agreement shall be recorded by the Owner with the land records in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia. The Owner shall provide the County with the Deed Book and Page Number at which the Agreement was recorded. H. Covenant running with the land.This Agreement shall constitute a covenant running with the land,and shall be binding on the Owner,its successors and assigns. 3 Version:05/10/13 Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 6 Page7of10 I. Authority to execute agreement.The Owner's signatory below is duly authorized to sign this Agreement on behalf of the Owner. IN WITNESS WHEREOF,each party hereto has caused this Agreement to be executed in triplicate in its name and on its behalf by its duly authorized officer as of the date,month,and year first hereinabove written. OWNER: Piedmont Neighborhoods,LP BY: SM P'•dmont,LLC, a Virginia limited liability coin!any,its General Partner Aid An., iI olzwarth,Vice President and Sou • -rn Regional Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF C+ - iuF. The foregoing instrument was signed,sworn to and acknowledged before me this 2Q -day of 2014 by Andrew Holzwarth,Vice President and Southern Regional Manager on behalf of Piedmont Neighborhoods,LP. ��4011/ otary Pulic My Commission Expires:J JtE 3O,2.()I1 Registration number:764)2 D . ,4 a, CARRIE K GILLISPIE NOTARY PUBLIC fir tt' � 'A REGISTRATION# 7562867 $ -„';it. O" COMMONWEALTH OF VIRGINIA 't, *- MY COMMISSION EXPIRES JUNE 30,2017 4 Version:05/10/13 Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 7 Page 8 of 10 COUNTY OF ALBEMARLE,VIRGINIA e Thomas C.Foley U County Executive COMMONWEALTH nOF� VIRGINIA CITY/GOUTY OF r 10 5/1i l/e The foregoing instrument was signed,sworn to and acknowledged before me this j ra day of IJDL'e fp be✓ ,«'bid by Thomas C.Foley,County Executive,on behalf of the County of Albemarle,Virginia. Xte Notary Public My Commission Expire t.e. o,"'v/7 Registration number: 463 7 tO• TAZY Ap oved as o form: �'�r y ^^,A• G. • 6 Version:05/10/13 Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 8 Page 9of10 • , • • +' r s 9 .r},.. • • • ,• S.IGNAMRES CONTINUE. O:ON TERFOLLOWING PAGE 7 , < TV • t 1 • • J. • ;a.-, , 9, , :,, ..::::,..,....,..1....4.,,i:•:::...,::"6:4.:r.,:.,.,:...:„. , 4. • r. ;.;,:. ,, •r ' '''.14 RYr r y, ph.. 1 ii f, r. s I ,.r Book: 4557 Page: 560 •FileNumber":,2014-00011349 Seq: g• •. ' Page 10'of 10 ATTACHMENT A yr7,..; __ -y„..-1-_.__1_.ilii _1 1 i t ^1-. - . FEI�NDOWN ^'< ... _.pENDOWER -- - - : ' ut i'i:p 1 RECOR DFD tN CLER AS Ov`�MBER139MARLE$ FFICE of STA?U D B2014 VA C8f 313:28 PM ♦y7_ !il CLOCAL.gp Q1-802 uN vA \n._ / IPp Cmo C ERK 13C Book: 4557 Page: 560 FileNumber: 2014-00011349 Seq: 10