HomeMy WebLinkAboutSUB201800142 Review Comments 2018-11-13 oF
,A411M
%L t v'::
.1
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-3088 Fax(434)972-4126
Date:November 13,2018
Andy Herrick
County Attorney's Office
401 McIntire Road
Charlottesville,VA 22902
Regarding:
Project Name: Avinity Estates Easement Plat(SUB201800142)—(DRAFT)Deeds
Date Submitted: November 13, 2018
Andy:
Attaliad amour(d deers of eaite j dedication, and/or maintenance for the project
referenced abovc,"r reui�ur and approv The easement plat SUB201800142 is under review.
The draft deeds are as follows:
• Public Use Access Easement
• Declaration: Private Street Maintenance Agreement
• SWM Dedication&Access Easement
• SWM Maintenance Agreement
Electronic copies of these draft deeds are available(Word format). Please contact me with any questions
or requests for assistance.
T.(;)46
i IlkPh
Tim Paef lino,AICP G,t/
Senior Planner p 414n21o,, t
x. 3088 yidd44;10:,
AArg 4J1 Abt(A/A-f-i-vvs
This document was prepared by: -
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902
Tax Map and Parcel09100-00-00-0016A,09100-00-00-0016C,and 09100-00-00-0016E
Coo Iron, Clerk's Tee5 uno/PC
This deed is exempt from taxation under Virginia Code§§ 58.1-811(A)(3)A. Code li/ Z6
i �iia e �
DEED OF DEDICATION AND EASEMENT
THIS DEED OF EASEMENT is made this day of , 2018 by and
Between AVINITY ESTATES,LLC, a Virginia limited liability company, Grantor, and the
COUNTY OF ALBEMARLE,VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee.
WITNESS:
WHEREAS,the Grantor is the owner of that certain real property(hereinafter the
"Property")located in Albemarle County,Virginia,more particularly described as follows:
That certain real property shown and designated as"STORM DRAINAGE EASEMENT"
and"SWM MAINTENANCE&ACCESS EASEMENT"to be dedicated to public use, S
shown on the plat of AVINITY ESTATES, dated March 19, 2018, last revised October(4
2018, entitled PLAT SHOWING SUBDIVISION OF AVINITY ESTATES,
SCOTTSVILLE DISTRICT,ALBEMARLE COUNTY,VA, a copy of which is recorded
in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book ,page
(hereinafter,the"Easement" and the "Plat"). Reference is made to the Plat for a more
particular description of the easement conveyed herein.
WHEREAS,the Property is described further as a portion of that certain lot or parcel of land
situated in the Scottsville Magisterial District of the County of Albemarle, Virginia, described as
Albemarle County Tax Map Parcel 09100-00-00-00016A and 09100-00-00-00016E, as recorded
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4571,
page 88, and Albemarle County Tax Map Parcel 09100-00-00-00016C, as recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4730,page
296, collectively hereinafter called the "Property"; and
WHEREAS,the Grantor and the Board of Supervisors of Albemarle County, Virginia
have entered into an agreement entitled"Agreement to Maintain Stormwater Management
Facilities and Other Techniques"(hereinafter, the"Maintenance Agreement"), recorded in the
Clerk's Office in Deed Book ,page , in which the Grantor has agreed to construct and
maintain on-site stormwater management/BMP facilities; and
4.
WHEREAS,the Maintenance Agreement provides in part that the Grantor gives permission
to the County, including its authorized agents and employees,to enter upon the Property and to
rix ,r►at,0,,
inspect the stormwater management/BMP facilities whenever the County deems necessary; and
the Maintenance Agreement also provides in part that, in the event the Grantor, its successors
and assigns, fails to maintain the stormwater management/BMP facilities in good condition
acceptable to the County, the County may enter upon the Property and take whatever steps
necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies.
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey an
Easement for public use in accordance with this Deed of Dedication and Easement.
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash
in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use
with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its
successors and assigns, a perpetual easement as shown on the Plat and as referred to herein as
the Easement.
The Easement shall be subject to the following:
1. Right of ingress and egress. The Grantee and its authorized agents and employees
shall have the right and easement of ingress and egress over the Property to perform all acts to
which the parties have agreed it may perform under the Maintenance Agreement.
2. Ownership of the facilities. The stormwater management/BMP facilities required to be
constructed and maintained by the Grantor under the Maintenance Agreement shall be and
remain the property of the Grantor. This Deed of Dedication and Easement shall not be
construed to be an assumption of ownership or control by the Grantee over the stormwater
management/BMP facilities subject to the Maintenance Agreement.
3. No obligation on Grantee to inspect or maintain. This Deed of Dedication and Easement
shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain the
stormwater management/BMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
5. Binding effect. The Easement and the rights and obligations established herein shall
run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their
successors and assigns. All references herein to the "Grantor" and the "Grantee" include their
2
Version:03/31/17
respective successors and assigns. All references to the"Grantee,"when exercising any right
or obligation herein, includes the Grantee's officers,employees and agents.
6. Termination of Easement. If the Grantor,or its successors or assigns, desires to alter or
vacate a portion or all of the easement(s),the Easement may be adjusted accordingly if the
County Engineer certifieS4 writing that the proposed modifications meetnrequirements of
9VAC25-870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be
amended in the future. In addition to meeting these requirements,the Grantor shall mitigate for
any loss of nutrient credit reductions provided in the stormwater calculations for the Property
described in the Maintenance Agreement as a result of such alteration or vacation. Upon
termination of any portion of the Easement(s), any reside of the Easement shall remain subject to
this Deed of Dedication and Easement. The termination of any portion of the Easement(s) shall
be recorded, at the sole expense of the Grantor, in the Circuit Court of Albemarle County upon
approval of the Albemarle County Attorney.
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the
conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed.
3
Version.03/31/17
WITNESS the following signatures.
GRANTOR: AVINITY ESTATES,LLC
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF •
The foregoing instrument was acknowledged before me this day of ,
2018 by , Grantor.
Notary Public
My Commission Expires:
Registration number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version 03/31/17
GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this_ day of
by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
Notary Public
My Commission Expires:
Registration number: _
Approved as to form:
County Attorney
37415894_1
, PAQ.4, -RA 41,-,:a.....,„
Prepared by Williams Mullen
Albemarle County Tax Map 09100-00-00-0016A, 09100-00-00-0016C, 09100-00-00-
0016E
COO, Mye IP ECLARATIO
ThedRIVATE STREET MAINTENANCE AGREEMENT ereinafter,the
"Agreement")is made this day of November, 2018,by AVI 1 ESTATES, LLC, a
Virginia limited liability company(hereinafter,the"Declarant"), whose address is 455
Second Street, Charlottesville,Virginia 22902.
WHEREAS,the Declarant is the owner of certain parcels of land known as
Albemarle County Tax Map 09100-00-00-0016A, 09100-00-00-0016C, and 09100-00-
00-0016E (the"Property")pursuant to the deed in Deed Book 4571,Page 88, and Deed chereena1er, the
Book 4730, Page 296; and "LOW)
WHEREAS, the Property will be subdivided by the Declarant into Lots# 1-102J
� as shown and described on a plat by Roudabush, Gale&Associates, Inc., dated March
4 la s+
19, 2018, a copy of which is recorded in the Clerk's Office of the Circuit Court of
(eVI Seal Albemar e County in Deed Book ,page and made part of this Agreement
)c. O r Sin 6 (hereinafter,the"Plat"); and
WHEREAS,the access easement shown on the Plat will be a new variable width
private non-exclusive ingress and egress easement, including DeGraw Street, Bergen
Street, Montague Street and Moffat Street(collectively,hereinafter,the"Streets") for the
use and benefit of all Lots shown on the Plat.
NOW,THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon the Lots, the Streets to
be maintained as follows:
MINIMUM STANDARD: The Street shall maintain ' ith a miniinldlais thirt -
seven(37') feet wide base of paved surface maintain in e etuity to substanTill
je same condition it was in when approved by thet . The travelway shall at all
times be maintained so that it is safe and convenient for passenger automobiles and
emergency vehicles at all times except in severe temporary weather conditions.
MAINTENANCE: For purposes of this instrument,(`maintenance'' ncludes the
maintenance of the private streets or alleys, and all curbs, curbs an gutters, drainage
facilities,utilities, dams,bridges and other private street improvements, and the prompt
removal of snow, water, debris, or any other obstruction so as to keep the private street or
alley reasonably open for usage by all vehicles, including emergency services vehicles.
The term"to maintain,"or any derivation of that verb, includes the maintenance,
replacement,reconstruction and correction of defects or damage.
COST OF MAINTENANCE: The owner(s)of Lots 1 through 102 shall be ••ually
responsible for the cost oft a maintenance of/and,6r repair to the Streets, om t e
trance on AYinitY o ver and across all of the Streets. Any further division of Lots
1-102 shall require the reassessment of cost to be equally shared by all owners using of
the Streets. No public agency,including the Virginia Department of Transportation
and the County of Albemarle,Virginia,will be responsible for maintaining any
improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Streets, any further
construction,maintenance or repair shall be undertaken only with the mutual consent of
all owners,provided that in the event that one of the owners determines that the Street is
not safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions and such owner gives 30 days prior
written notice to all other owners using the Streets, such owner may commence or
contract for maintenance or repair to bring the Streets to the minimum standard and the
charges therefore shall be the responsibility of all owners using the Streets.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate
share of the costs of maintenance or repair for which he/she is responsible, as provided
hereinabove, any other owner not in default, or the person or corporation performing such
maintenance,may after 30 days written notice to the defaulting parcel owner(s)bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay his/her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance; and the
delinquent Owner shall be liable to pay all costs of collection, including reasonable
attorney's fees.
1
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
AVINITY ESTATES, LLC
BY: _
(OWNER_ .,
�;cri�l�L 0 i
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF ,to-wit:
The foregoing Declaration was
acknowledged before me this day of , 2018,by OWNER.
Notary Public
My commission expires: DATE
37395972_2
•
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902
Tax Map Parcel 09100-00-00-0016A, 09100-00-00-0016C,and 09100-00-00-0016E
AGREEMENT TO MAINTAIN
STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES
THIS AGREEMENT is entered into by and between AVINITY ESTATES,LLC,a 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. Owner is the fee simple owner of certain real property described as Albemarle County Tax
Map Parcels 09100-00-00-0016A,09100-00-00-0016C, and 09100-00-00-0016E,as recorded in the
Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 4730,page 296,
and in Deed Book 4571,page 88.collectively hereinafter called the"Property";and
R-2. The Owner is proceeding to build on and develop the Property;and
R-3. The Property is partially within the County's Municipal Separate Storm Sewer System
(hereinafter,"MS4") jurisdictional area;and
R-4.The Site Plan/Subdivision Plat identified as Avinity Estates,was approved and,in
conjunction therewith,a Stormwater Management Plan,identified as Avinity Estates WPO Plan
Amendment,hereinafter called the"Plan,"which is expressly made a part hereof,as approved or to
be approved by the County,and which provides for the detention and water quality treatment of
stormwater within the confines of the Property;and
R-5.The Plan and the land disturbing activity related thereto are subject to the Virginia
Stormwater 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
to enter into this agreement in order to ensure the long-term maintenance of the permanent
stormwater 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
1
requirements,and the County implements 9VAC25-870-112 and 9VAC25-890-40 through Albemarle
County Code§ 17-415 and this Agreement;and
R-7. For those facilities within the County's MS4 jurisdictional area,this Agreement also
addresses,in part, the County's obligations under Minimum Control Measure Number 5 (post-
construction stormwater management)in the Albemarle County 5-Year MS4 General Permit and
Program Plan;and
R-8.Albemarle County Code § 17-415 requires that permanent on-site stormwater management
facilities 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
nonstructural technique to meet stormwater management requirements),provided to control the
quantity 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
techniques" are referred to individually as a"Facility" and collectively the"Facilities") be
constructed and adequately maintained by the Owner in perpetuity.
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 of the Owner to construct the Facilities.The Owner shall construct and
protect the Facilities that are required to be constructed,and shall do so in accordance with the
Virginia Stormwater Management Act plans and specifications identified in the Plan.
2. Obligation of the Owner to maintain the Facilities.The Owner shall maintain the
Facilities in good working condition for so long as the Facilities exist,in a manner that meets or
exceeds the maintenance standards provided herein, subject to the following:
A. "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,and complies with all applicable standards,as determined by the Albemarle
County Engineer (hereinafter, the "County Engineer").
B. "Maintain and maintenance" defined. For the purposes of this Agreement,
"maintain" 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.
2
C. Maintenance schedule.The Owner shall maintain the Facilities in compliance with the
maintenance schedule in the approved Plans as required under Albemarle County Code § 17-
403(A)(5).
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. Inspections and the Inspection Report by the Owner. The Owner shall have the
Facilities inspected to ensure that the Facilities are in good working condition, subject to the
following:
A. Who may inspect the Facilities.The Facilities shall be inspected by the Owner or
upon written 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 seq.;
(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
appropriate 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 approved Plans or by the County Engineer.
D. What documents must be maintained. The inspection shall be documented on a
form provided by the County Engineer and shall be completed to the satisfaction of the County
Engineer(hereinafter, the"Inspection Report"). At a minimum,the Inspection Report shall provide,
as applicable,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 control the quantity and quality of the stormwater,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
measures 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
will be performed.
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,
3
Albemarle County Department of Facilities and Environmental Services,401 McIntire Road,
Charlottesville,Virginia 22902 or a successor department,office and address delineated by the
County to the Owner.The Owner shall provide the Inspection Report to the Department within
thirty (30) 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 Section 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 hereinabove written.
4. Permission to the County to inspect the Facilities.The Owner hereby grants permission
to the County,including its authorized agents and employees,to enter upon the Property and to
inspect the Facilities whenever the County deems an inspection to be necessary,subject to the
following:
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 Inspection
Report,responding to citizen complaints about the Facilities,and inspecting or observing any
maintenance of the Facilities.
B. Prior notice to the Owner not required.The County shall not be required to provide
prior notice to the Owner to enter the Property to conduct the inspection.
C. Inspection findings and demand for maintenance.The County shall provide the
Owner with a copy of the findings of its inspection of the Facilities.If the inspection concludes that
maintenance 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
completed.
5. The Owner's response to the Inspection,the Inspection Report or the County's
demand for maintenance.The Owner shall comply with the following:
A. Corrective action. If the inspection identifies the need for a corrective action,it shall be
completed as follows: (i) 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
4
public health or safety,the Owner shall complete corrective action as soon as practicable,but no
• later than seven(7) 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
identifies 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 measurable storm event;
if implementation before the next anticipated measurable 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 or alter the hydraulics of stormwater flow and discharge.
B. Maintenance.If the Inspection Report under Section 3 or the inspection conducted by
the County under Section 4 identifies Facility deficiencies,the Owner shall promptly complete the
maintenance work by the date specified in the Inspection Report or as demanded by the County.
When the maintenance work is completed,the person performing or directing the work shall certify
to the County 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 under Section 3 or the inspection conducted by the County under Section 4,subject to the
following:
A. No right to erect permanent structures;exceptions.The County's right to take
"whatever 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.
B. 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.
5
7. Right of the County to charge the Owner for its costs of maintenance; obligation of
the Owner to reimburse the County. If the County performs any maintenance work on the
Facilities 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
administration.The Owner shall reimburse the County for its costs,subject to the following:
A. 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 first class mail to the address to which County real
property tax bills are mailed or to another address provided by the Owner to the County.
B. Timely payment.The Owner shall reimburse the County for the costs identified in the
County's written demand within thirty (30) days after the date of the written demand.
C. Collection by County.The County may collect any amount not timely reimbursed by
the Owner in any manner authorized by law and may place a lien against the Property in the amount
of the non-reimbursed costs,plus interest at the rate authorized by law.
8. Obligation of the Owner to indemnify and hold harmless the County.The following
shall apply to this Agreement:
A. No County liability. This Agreement imposes no liability of any kind whatsoever on
the County,including its agents,officers and employees.
B. Obligation of the Owner to indemnify and hold harmless.The Owner shall
indemnify and hold harmless the County,including its agents,officers and employees,for any and all
damages,accidents,casualties,occurrences or claims which might arise or be asserted against the
County,including its agents,officers and employees,resulting from the failure of the Facilities to
perform their design function or to otherwise operate properly;any repairs,maintenance,
construction,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
promptly 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,its
agents,officers and employees,or any of them,the Owner shall pay all damages,costs,expenses and
fees associated with the judgment.
9. References to County departments and officers;successors.Any reference in this
6
-14
Agreement to a County department or office includes its successor department or office as
determined by the County.
10. Covenant running with the land.This Agreement shall be recorded by the County in the
Clerk's Office of the Circuit Court of Albemarle County,Virginia, shall constitute a covenant
running with the land,and shall be binding on the Owner,its administrators, executors,assigns,
heirs and any other successors in interests,including any homeowners'association.
11. Date of this Agreement.This Agreement shall be deemed to have been entered into by the
parties and shall be effective on and after the date it is signed by the Albemarle County Executive.
WITNESS the following signatures:
OWNER:
AVINITY ESTATES,LLC
By: River Bend Management, Inc.,Manager,
a Virginia corporation
By:
Andrew J. Dondero
Vice President and Authorized Officer
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this day of
2018 by Andrew J. Dondero as Vice President of River Bend Management, Inc.,as Manager of
Glenbrook,LLC,a Virginia limited liability company.
Notary Public
My Commission Expires:
Registration Number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
7
COUNTY OF ALBEMARLE,VIRGINIA
By:
Jeffrey B. Richardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF .
The foregoing instrument was acknowledged before me this_day of ,
by Jeffrey B. Richardson,County Executive,on behalf of the Board of Supervisors of
Albemarle County,Virginia.
Notary Public
My Commission Expires:
Registration Number
Approved as to Form:
County Attorney Date
8
Prepared by and return to:
Williams Mullen
P.O.Box 1320
Richmond,Virginia 23218-1320
Tax Map Nos 09100-00-00-016A0,09100-00-00-016CO3 09 1 00-00-00-0 1 6E0,09100-00-00-01400,091 A0-00-00-000A0 and 091 A0-00-00-
000B0
PUBLIC USE ACCESS EASEMENT
THIS PUBLIC USE ACCESS EASEMENT ("Agreement") is entered into by and
among AVON PROPERTIES, LLC, a Virginia limited liability company ("Avon"), and
AVINITY ESTATES, LLC, a Virginia limited liability company ("Avinity"), each to be
indexed as grantor and grantee.
RECITALS:
WHEREAS, Avinity is the owner of certain property located in Albemarle County,
Virginia identified as County Tax Map Parcel Nos. 09100-00-00-0016A0, 09100-00-00-0016CO3
and 09100-00-00-016E0 (the"Avinity Property"); and
WHEREAS, Avon is the owner of certain property in Albemarle County, Virginia
identified as County Tax Map Parcel Nos. 09100-00-01400, 091 A0-00-00-000A0 and 091 A0-
00-00-000B0, including certain private access roads, known as Avinity Drive and Avinity Loop
(the"Avon Property"); and
WHEREAS, Avon has granted and conveyed to Avinity a perpetual, non-exclusive
easement, for ingress and egress, across, on and over Avinity Drive and Avinity Loop, as shown
on that certain subdivision plat entitled "AVINITY, PHASE I, LOTS 27 THRU 93 LOCATED
ON AVON STREET EXTENDED SCOTTSVILLE MAGISTERIAL DISTRICT,
ALBEMARLE COUNTY, VIRGINIA" prepared by Roudabush, Gale & Associates, Inc., dated
February 9, 2011, and recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia (the "Clerk's Office") in Deed Book 4018, page 497 (the "Plat"), as set forth in the
Easement for Ingress and Egress by and between Avon and Avinity recorded in the Clerk's
Office on October 18, 2018 in Deed Book 5105,page 480.
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Subject to the terms and conditions of this Agreement, Avon and Avinity do
hereby GRANT, SELL, and CONVEY a perpetual, non-exclusive access easement for public use
for the purpose of ingress and egress by the public over and across the Avon Property and the
Avinity Property, including right-of-way for ingress and egress for vehicular traffic,in, over,
along and across Avinity Drive and Avinity Loop as shown on the Plat, and any additional
private roadways which may be constructed on the Avon Property and the Avinity Property in
the future (the "Access Easement").
1
2. The Access Easement is perpetual and non-exclusive, and there is hereby reserved
to Avon, its successors and assigns, with respect to the Access Easement, the right of egress and
ingress, and the right to construct, install, maintain, modify, repair and remove any
improvements of any kind or nature whatsoever, except as such would materially impair the
exercise by the public of the rights granted under Paragraph 1 hereof.
3. Avon and its successors and/or assigns, at their sole cost and expense, shall be
responsible for the construction, installation, maintenance, repair and insurance of any
improvements of any kind or nature whatsoever within the Access Easement, including but not
limited to, paving, curbing and landscaping, until such date as Avon and Avinity convey the
roads located on the Avon Property and the Avinity Property to the Avinity Homeowners
Association, Inc. (the "Association") at which time the Association shall be responsible for all
maintenance, repair and insurance of the improvements within the Access Easement pursuant to
that certain Declaration of Covenants, Conditions and Restrictions for Avinity recorded in the
Clerk's Office in Deed Book 4018,page 517.
4. The Access Easement and the rights, privileges and burdens associated therewith
are covenants running with the land which are and shall be binding upon Avon, Avinity and their
respective heirs,personal representatives, successors and assigns.
5. This Agreement may be amended only by a writing signed by the party against
whom such amendment is sought to be enforced.
6. This Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Virginia(excluding,however, such state's choice of law rules).
7. This Agreement shall be recorded, and the cost and expense associated therewith
shall be borne by Avon.
8. To facilitate execution, this Agreement may be executed in as many counterparts
as may be required. It shall not be necessary that the signature of, or on behalf of, each party, or
that the signatures of all persons required to bind any party, appear on each counterpart. It shall
be sufficient that the signature of, or on behalf of, each party, or that the signatures of the persons
required to bind each party, appear on one or more such counterparts. All counterparts shall
collectively constitute a single agreement.
[Signature Page Follows]
2
THIS PUBLIC USE ACCESS EASEMENT is executed on the dates set forth in the
acknowledgements hereof,but effective as of the day of November, 2018.
AVON PROPERTIES,LLC,a Virginia
limited liability company
By:
Alan R. Taylor, Jr., President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ,to-wit:
The foregoing deed was acknowledged before me,the undersigned Notary Public, in my
jurisdiction aforesaid, this day of , 2018,by Alan R. Taylor, Jr., who has
presented identification of a state issued driver's license and who voluntarily acknowledged this
agreement as President of Avon Properties, LLC, a Virginia limited liability company, on behalf
of the company.
My Commission expires:
Registration Number:
3
AVINITY ESTATES,LLC,a Virginia
limited liability company
By:
Andrew J. Dondero, Vice President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to-wit:
The foregoing deed was acknowledged before me,the undersigned Notary Public, in my
jurisdiction aforesaid, this day of , 2018,by Andrew J. Dondero, who has
presented identification of a state issued driver's license and who voluntarily acknowledged this
agreement as Vice President of Avinity Estates, LLC, a Virginia limited liability company, on
behalf of the company.
My Commission expires: .
Registration Number: .
36671196_2
4
OF A vLr
716,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-3088 Fax(434)972-4126
Date: November 13,2018
Andy Herrick
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: Avinity Estates Easement Plat(SUB201800142)—(DRAFT)Deeds
Date Submitted: November 13,2018
Andy:
Attached are four(draft)deeds of easement, dedication, and/or maintenance for the project
referenced above, for review and approval. The easement plat SUB201800142 is under review.
The draft deeds are as follows:
• Public Use Access Easement
• Declaration: Private Street Maintenance Agreement
• SWM Dedication&Access Easement
• SWM Maintenance Agreement
Electronic copies of these draft deeds are available (Word format). Please contact me with any questions
or requests for assistance.
Thank you,
Tim Padalino, AICP
Senior Planner
x. 3088