HomeMy WebLinkAboutSDP200500142 Agreements 2006-02-22 rl
THIS TEMPORARY GRADING AGREEMENT dated this )" day of
, 2006, by and between the COUNTY OF ALBEMARLE, VIRGINIA (the
"County'), Grantor, and David W. KUDRAVETZ and Shirley L. FISHER, as TRUSTEES for the
CHARLOTTESVILLE LAND TRUST under Land Trust Agreement dated December 28, 1973,
as amended January 22, 1974, May 15, 1992, and December 28, 1993 ("the CL Trustees"),
Grantee.
WHEREAS, CL Trustees are the present owners of that certain tract or parcel of land
located along Greenbrier Drive in Albemarle County, Virginia, designated as Albemarle County
TMP 61W, Parcel 03-6A (the "CLT Property");
WHEREAS, the County is the present owner of that certain adjacent tract or parcel of
land located along Commonwealth Drive in Albemarle County, Virginia, designated as
Albemarle County TMP 61W, Parcel 03-5 (the "County Property"), which adjoins the CLT
Property along its western boundary;
WHEREAS, the CL Trustees have submitted to the County of Albemarle a proposed site
plan prepared by B. Aubrey Huffman and Associates, LLC dated June 13, 2005, last revised
November 28, 2005 for the development of the CLT Property (the "Site Plan"), which
contemplates the construction of a concrete retaining wall, silt trap, and certain stormwater
drainage structures along the common boundary line between the CLT Property and the County
Property (the "Work"); and
WHEREAS, in order to perform the Work, it will be necessary for the CL Trustees to
obtain from the County the temporary right to access certain portions of the County Property as
more specifically set forth herein.
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NOW, THEREFORE, in consideration of One Dollars ($1.00) and other good and
valuable consideration, and the agreements contained herein,the parties agree as follows:
1. The County grants to the CL Trustees the temporary right to enter onto that
portion of the County Property contained within the "Limits of Construction & Grading" as
shown and designated on the Site Plan (the "Easement") for the purpose of performing the
grading necessary to perform the Work as more particularly detailed on the Site Plan. This
Easement shall expire on August 31, 2006.
2. Prior to commencement of the Work, the CL Trustees shall provide the County
with a survey (the "Survey") of all trees greater than or equal to six inches (6") in diameter at
breast height (DBH) located 1) within the Easement and 2) within the remainder of the County
Property if the tree lies within 20 feet (20') of the Easement. The size and species for all trees
shall be indicated on the Survey.
3. In performing the Work, the CL Trustees shall use reasonable efforts to minimize
any encroachment within the Easement and minimize the removal or disturbance of any
vegetation within the Easement, including trees, shrubs, and grasses. Special care will be
exercised to protect all trees indicated on the Survey both within and outside the Easement. In
performing the Work, the CL Trustees shall observe the State Minimum Standards and
Specifications for Tree Preservation and Protection — Section 3.38 of the Virginia Erosion and
Sediment Control Handbook.
4. Upon the completion of the Work, the CL Trustees shall restore the surface of the
disturbed area of the County Property, by regrading and reseeding as appropriate, and shall leave
the County Property free of any debris associated with the performance of such Work. The CL
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Trustees shall be responsible for correcting, to the satisfaction of the County, any erosion in
which either the County or the CL Trustees is concerned that occurs within the disturbed area for
a period of one (1) year following the completion of the Work.
5. The CL Trustees shall provide compensation for the removal or mortality of all
live trees indicated on the Survey. Compensation shall consist of planted trees of the same
species (or equivalent if approved by the county) in a size and number equal to or greater than, in
cumulative diameter, those trees removed. Replacement trees shall be a minimum of two and a
half inches (2.5") DBH. For instance, the loss of an eight inch (8") tree might be offset by either
the planting of four (4) two-and-a-half-inch (2.5") saplings OR two (2) two-and-a-half-inch
(2.5") saplings plus one (1) three-inch (3") sapling. Any planted tree — or existing tree indicated
on the survey affected by construction—that does not survive the two (2) year period following
completion of the Work shall be replaced by the CL Trustees per the above formula within thirty
(30) days following the end of the two (2) year period. Time allowance will be considered
regarding proper planting season.
6. CL Trustees shall leave no portion of the existing drainage outlet (to be removed
per Site Plan) on County Property and shall stabilize the drainage channel downstream of this
existing outlet.
7. The CL Trustees, their successors or assigns shall indemnify and hold the County,
its employees, agents, and officials harmless from and against any loss, damage, liability or
obligation resulting from the performance of the Work or exercise by the CL Trustees or their
agents or representatives of the rights granted herein.
WITNESS the following signatures and seals:
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• ,
/' /,A (SEAL)
David W. Kudrave , as rustee for the
Charlottesville L. d T' st
cif (SEAL)
Shirley . Fis er, as rustee for the
Charlottesville Land Trust
Approved as to Form:
By:
emarle County Attorney
COUNTY OF A LBEMARLE,VIRGINIA
�w 1
�� �
By: A d� /�t. ,i ` (SEAL)
Its: GDonIT�: -rala
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE,to-wit:
The foregoing instrument was acknowledged before me thisaay of
2006,by David W. K dravetz, as Trustee for the Charlottesville Land Trust.
My Commission expires: Aga) Z0D0
ary ublic
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COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE,to-wit:
:thThe fore oin instrument was acknowledged before me this day of
g g
2006,by Shirley L. fisher, as Trustee for the Charlottesville Land Trust.
My Commission expires: 3t,
ILA
otary Public
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE,to-wit:
The foregoing instrument was acknowledged before me this 2 7ttday of February
2006,by Robert W. Tucker, Jr. , as County Executive for the County of
Albemarle,Virginia,upon due authority on its behalf.
My Commission expires: June 30, 2009
A.“ �.
Notary Public
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