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Home My WebLink AboutWPO201500102 Agreement - SWM Maintenance 2016-02-23Instrument Control Number 1102275 T C A O X R P E X E M P T ■1■I @J ■ ■ ■ Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [2123/2016 ] Instrument Type: [AG ] Number of Parcels [ 11 Number of Pages [ 41 "IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII' Doc ID: 033294600005 Type: DEE Recorded: 03/10/2016 at 01:48:31 PM Fee Amt: $17.00 PaAe 1 of 5 Albemarle County, VA Jon R. Zu0 Ciruit Clerk File# 2016-00002275 BK4733 PG183-187 City ❑County ❑x [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name Middle Name or Initial Suffix [Timberwood Commons Lf,[ ] [ ] [ ] First and Second Grantees Last Name First Name I Middle Name or Initial Suffix [Board of Supervisors of Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia (Address 1) [401 McIntire Road (Address 2) [ (City, State, Zip) [Charlottesville ] [VA] 122902 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County[K] [Albemarle County Book [4701 ] Page [699 ] Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 1) (Address 2) (City, State, Zip) Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page It 1 of 1 [03200-00-00-041D1 [Timberwood Commons [W PO-2015-00102 [ [ [ ] Percent. in this Juris. [ 100] Instr. No [ ] }[ ][ ] [Albemarle County CDD [Timberwood Commons [Ana D. Kilmer [Albemarle County Community Development Department [401 McIntire Road -North Wing [Charlottesville ] [VA ] [22902 [ ] [ ][ THIS AGREEMENT, made and entered into this 71-J day of ZPi (0- by and between Timberwood Commons LC hereinafter called the (Insert Full Name of Owner) "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 03200-00-00-041D1 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 4701/699 , hereinafter called the "Property" WHEREAS, the Landowner is proceeding to build on and develop the Property pursuant to a Site Plan/Subdivision Plan known as Timherwcod Commons and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as VSMP for Timb-00082. WPO 2015-00102 (Name of Plan/Development-WPO Application Number) 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 Property; and WHEREAS, the County and the Landowner, its 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 Property; and. WHEREAS, the County requires that on -site stormwater management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its 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: 1. The on -site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its 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. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. -1- Prepared by County of Albemarle Department Community Development Revised September 18, 2012 3. The Landowner, its successors and assigns, shall inspect the stormwater { anagement/BMP 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. 4. The Landowner, its successors and assigns, hereby grant permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP 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 Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. 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. 6. The Landowner, its 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. 7. 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 Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the County hereunder. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly. 9. 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 the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association, -2- Prepared by County of Albemarle Department Community Development Revised September 18, 2012 WITNESS the following signatures and seals: 0 Name (Type Name) Manager (Type Title) (Seal) STATE OF dTY OUNTY OF The foregoing Agreement was acknowledged before me this a day of 20-L(Q, by Ian J. Wren, Manager My Commission Expires: STACEYANN KENDRICK Notary Public Commonwealth of Virginia 7219715 My Commission Expires Sep 30, 2016 Timberwood Commons LC company/Corporation/Partnership Name (Seal) By: - Aaron Stump ` (Type Name) Manager (Type Title) STATIE OF-)JIr 16...____. IT OUNTY tbafkjC) /l The foregoing Agreement was acknowledged before me this -�23 dayof 20 (e, by _ Aaron Stump. Manager L1I$ lY (��U 1 TAi.ZY PUBLIC My Commission Expires: ��Woco -3- Prepared by County of Albemarle Department Community Development Revised September 18, 2012 STACEYANN KENDRICK Notary Public Commonwealth of Virginia 7219715 My Commission Expires Sep 30, 2016 COUNTY OF ALBEMARLE, VIRGINIA By:_ �...... - Thomas C. Foley (Type Name) _ (Type Title) STATEOF Ve `ty�,O- CITY/£TYOF �YIp%j�jd;Ile The foregoing Agreement was acknowledged before me this -. �* day of V-C-k 20-Aj,by aom5 %, T-6 IeU , My Commission Expires: i 31 aalg NOTARY PUBLIC Notary Registration # 260220 Approv s to Foma: to ttorney Date —RECORDED 1f4--C[Ei2K'S-0FFIC— ALBEMARLE ON MARCH 10, 2016 at 1:48:31 PM AS REQUIRED BYVACODE 0.1-802 STATE.jaZQ, LOCAL: $0.00 E COUNTY. VA G CIRUIT CLERK r.111 : 7 "t , .�. PmWed by County of AlbeC�le.Depertment Community Development Revised September 18, 2012 lip