HomeMy WebLinkAboutWPO200600048 Agreements 2022-05-19Instrument Control Number
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Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.661
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 004949440009 TVpe: DEE
Recorded: 09/24/2006 at 02:57:29 PM
Fee Amt: $21.00 Pape 3 of 9
Albemarle County VA
Debra M. Shipp Clerk
File# 2008-00012486
BK3648 PG313-321
T
C
Date of Instrument: [9/23/2008 ]
A
0
Instrument Type: [AG ]
X
R
E
P
Number of Parcels [ 61
X
Number of Pages [ 51
--- --- .....--------- ---------- ...... --
E
M
(Box for Deed Stamp Only)
City ❑ County [Albemarle County ]
P
First and Second Grantors
T
Last Name
First Name I Middle Name or Initial Suffix
[HauserTR ][Robert
I[M I ]
❑ ®
[Belvedere Station Land ] [
1 [ ] [ ]
First and Second Grantees
Last Name
First Name
I Middle Name or Initial Suffix
❑ ❑
[HauserTR ][Robert
IIM I ]
❑ ®
[Belvedere Station Land ] [
] [ ] [ ]
Grantee Address (Name)
[Robert M Hauser TR ]
(Address 1)
[2421 Ivy Road ]
(Address 2)
[ ]
(City, State, zip)
[Charlottesville ] [VA ] [22903 ]
Consideration [0.00 1 Existing Debt [0.00 ] Assumption Balance [0.00 J
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN)
[06100-00-00-15500 ]
Tax Map Num. (If different than PIN)
(06100-00-00-15500 ]
Short Property Description
[ ]
Current Property Address (Address 1)
[ 1
[1025 E Rio Road ]
(Address 2)
[ ]
(City, State, zip)
[Charlottesville ][VA ] [22901 1
Instrument Prepared by
[James P Cox III ]
Recording Paid for by
[Michie Hamlett Lowry Rasmussen & Tweel, PLLC }
Return Recording to (Name)
[James P Cox III ]
(Address 1)
[500 Court Square Suite 300 ]
(Address 2)
[P O Box 298 J
(City, State, zip)
[Charlottesville J [VA ] 122902-0298 1
Customer Case iD
[ ] [ ] [ ]
-- -- ----- ........- --------........ ------ -----
Cover Sheet Page # 1 of 4
J2L-1w
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
tiLS VLR Cover Sheet Agent 1.0.661
NR
G (�Date of Instrument: (9/23/2008
A RO Instrument Type: [AG
N
N
P
Number of Parcels [ 61
E
T
T
x
O
E
Number of Pages [ 51 - -------
------------- ----------------------
-
E
R
E
City ❑ County FAI [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
❑ ®❑ ❑
(Scott TR ] [Charles ] [L
] [ ]
❑ ®❑ ❑
[Deomampo TR ] [Ernesto ] (V
] [ ]
® ®❑ ❑
[Covenant Church of Goq ( ] [
] [ 1
®❑ ®❑
[Scott TR ] [Charles ] [L
] [ ]
®❑ ®❑
[Deomampo TR ] [Ernesto ] [V
Prior Instr. Recorded at: City ❑ County ❑ I
] Percent. in this Juris. [ 100]
Book [ ] Page [ ]
Instr. No [ ]
Parcel Identification No (PIN) [06100-00-00-15600
]
Tax Map Num. (if different than PIN) [06100-00-00-15600
]
Short Property Description [
]
Current Property Address (Address 1) [Not Available
]
(Address 2) [
]
(City, State, zip) [
] [ ] [ ]
Prior Instr. Recorded at: City ❑ County ❑ [
] Percent. in this Juris. [ 100]
Book I ] Page [ ]
Instr. No [ ]
Parcel Identification No (PIN) [06100-00-00-16000
]
Tax Map Num. (if different than PIN) 106100-00-00-16000
]
Short Property Description [
]
Current Property Address (Address 1) [Not Available
]
(Address 2) [
)
(City, State, Zip) I
] I ] I ]
Cover Sheet Page # 2 of 4
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
[ILS VLR Cover Sheet Agent 1.0.661
T
G
G
C
Date of Instrument: [9/23/2008 ]
A
R
R
O
Instrument Type: [AG ]
X
A
A
R
N
N
P
Number of Parcels [ 61
E
T
T
X
O
E
Number of Pages [ 5] - - -- ---------------------------------------------------
E
R
E
City ❑ County ❑x [Albemarle County ] (Box for Deed Stamp Only)
M
P
Grantors/Grantees/Parcel Continuation Form C
T
Last Name First Name I Middle Name or Initial Suffix
®❑ ®❑ [Covenant Church of Goq
Ej El El F-1
❑❑❑❑ [ ][
❑❑❑❑ I It
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 1001
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [06100-00-00-16100 ]
Tax Map Num. (if differentthan PIN) [06100-00-00-16100 ]
Short Property Description [ ]
Current Property Address (Address 1) [Not Available ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 1001
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [062A3-00-00-00100 ]
Tax Map Num. (if different than PIN) [062A3-00-00-00100 ]
Short Property Description [ ]
Current Property Address (Address 1) [Not Available ]
(Address 2) ( ]
(City, State, Zip) [ ] [ ] [ ]
Cover Sheet Page # 3 of 4
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: [9/23/2008 ]
A
R
R
O
Instrument Type: [AG ]
X
A
A
R
N
N
P
Number of Parcels [ 6]
E
T
T
X
O
E
Number of Pages [ 5] _....-.. -.....................- ----------
E
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CI ❑ Coun X (Box for Deed Stamp Only)
City ty ❑ [Albemarle County ]
M
P
Grantors/Grantees/Parcel Continuation Form C
T
J
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) [06200-00-00-006A0 ]
Tax Map Num. (if different than PIN) [06200-00-00-006A0 ]
Short Property Description [ ]
Current Property Address (Address 1) [Not Available ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Prior Instr. Recorded at: City ❑ 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) [ ] [ ] [
Cover Sheet Page # 4 of 4
THIS DOCUMENT PREPARED BY;
JAMES P. COX, II[, ESQUIRE
M[CHIE HAMLETT LO WRY RASMUSSEN & TWEEL PLLC
500 COURT SQUARE, SUITE 300, P.O. BOX 298
CHARLOTTESVILLE, VA 22902
Tax Identification Numbers: 06100-00-00-15500; 06100-00-00-15600;
06100-00-00-16000, 06100-00-00-16100, 062A3-00-00-00100,
06200-00-00-006AO
Irura-M 7SWN111
THIS AGREEMENT, made and entered into this I q'h day of September, 2008 by and
between Robert M. Hauser TRUSTEE of BELVEDERE STATION LAND TRUST (Under
Agreement Dated July 8, 1999), whose address is 2421 Ivy Road, Charlottesville, VA 22903
("Belvedere") and CHARLES L. SCOTT and ERNESTO V. DEOMAMPO , TRUSTEES of the
COVENANT CHURCH OF GOD IN ALBEMARLE COUNTY, VIRGINIA ("Covenant
Church"), provides as follows:
Recitals.
1. Charles L. Scott and Ernesto V. Deomampo as Trustees of the Covenant Church
of God in Albemarle County, Virginia are the title owners of certain real estate located in
Albemarle County, Virginia designated as Tax Map Parcels 61-155 and 61-156 (the "Church
Property").
2. Robert M. Hauser is the Trustee of Belvedere Station Land Trust and is the title
owner of certain real estate located in Albemarle County, Virginia, including but not limited to
Tax Map Parcels 06100-00-00-16000, 06100-00-00-16100, 062A3-00-00-00100, 06200-00-
00-006AO (henceforth referred to as the "Belvedere Property").
3. The Church Property and the Belvedere Property are adjacent to each other.
4. Covenant Church and Belvedere desire to enter into this agreement to
memorialize the parties' understanding regarding certain issues affecting the Church Property
and the Belvedere Property.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual
covenants contained herein, the parties hereto do agree as follows:
1. Belvedere agrees that the Covenant Church shall have the nonexclusive use of the
existing storm water retention pond (the "Retention Pond")located on the Belvedere Property to
serve the existing storm water management needs of the improvements on Covenant Church in
perpetuity. This agreement shall be recorded in the Clerk's Office in the Circuit Court of
Albemarle County, Virginia (the "Clerk's Office").
2. In addition to and not in any way as a limitation on the right of Covenant Church
to the use of the Retention Pond, the parties further agree:
(a) If Covenant Church decides that it desires to use more of the capacity of
the Retention Pond, before Belvedere is ready to enlarge the Retention Pond, then bids will be
obtained and the share of Covenant Church's cost for the Retention Pond will be on a pro-rata
square footage of use.
(b) If Belvedere decides to enlarge the Retention Pond prior to any request by
Covenant Church, and Covenant Church still decides that it needs to utilize the retention pond
for increased impervious area, other than its current use, then upon the completion of the design
of the enlargement of the Retention Pond, Covenant Church will pay the sum of $20,000 in
escrow to Belvedere for its contribution for the enlargement of the Retention Pond on the
condition that the size of the Retention Pond is enlarged by a sufficient amount to accommodate
the existing use by Covenant Church, the anticipated use by Belvedere and the additional storm
water runoff caused by a proposed additional 2.5 acres of impervious surface for Covenant
Church. The $20,000 would be the sum total the Covenant Church will be responsible for
subject to an annual adjustment of 2.25% so the actual contribution of Covenant Church in a
particular year would be as follows:
Year Annual Figure
2009
$20,000
2010
$20,500
2011
$21,013
2012
$21,538
2013
$22,076
2014
$22,628
2015
$23,194
2016
$23,774
2017
$24,368
2018
$24,977
The sum held in escrow shall be released to Belvedere upon obtaining all necessary permits and
approvals for the enlargement of the Retention Pond and the hiring of a contractor to undertake
the work.
(c) In any event, Covenant Church shall have the same rights to use Retention
Pond as enlarged as it did prior to any such enlargement.
3. Belvedere agrees to grant Covenant Church an easement from the nearest
manhole to the point of contact on Covenant Church property as per the attached engineer's
drawings. This agreement shall be memorialized in an easement to be recorded in the Clerk's
r
Office to be prepared and recorded by Covenant Church in a form and substance: satisfactory to
Belvedere and Covenant Church. The Covenant Church may have to pursue an easement from
Virginia Department of Transportation ("VDOT") if the construction activity commences after
VDOT has accepted the road into the state system. Covenant Church will pay for all
installation, plats, easements necessary for said sewer installation. Covenant Church or its
contractor shall also bear the burden of returning the area to its condition prior to said work.
This will generally include repairs to the existing quality of any hardscape impacted, permanent
seeding, straw, and landscaping.
4. Covenant Church agrees to grant for the benefit of Belvedere a variance easement
up to 7" for the right of way of Belvedere Blvd upon such terms as VDOT will permit such
easement to be recorded in the Clerk's Office to be prepared and recorded by Belvedere in a
form and substance satisfactory to Belvedere and Covenant Church.
5. Belvedere will remove tent on Covenant Church property by July 31, 2008
repairing all asphalt and damage to Covenant Church property. If after July 31, 2008 the tent is
not removed and the Covenant Church has to remove it, Belvedere will pay for said removal and
all costs to repair the landscaping and asphalt due to said tent removal. Belvedere will be
responsible for all fines, permits and fees imposed on the Covenant Church due to the placement
of the tent on the Covenant Church property. Belvedere will not be responsible for any costs,
fines, etc. either directly or indirectly associated with the Covenant Church not having their
committed improvements (ie. landscaping).
6. Belvedere at its expense agrees to construct a new entrance per VDOT plans on
the Covenant Church property and to use 8" 21A and 2" Asphalt (SM9.5A) matching the new
asphalt with the grade of asphalt that exists on current Covenant Church parking lot . The
entrance will be 36 feet wide with a left/right exit and single entrance lane. The plan that has
been approved by Albemarle County and VDOT calls for a 30' entrance. The constructed
improvements will be shown on the as-builts surveys provided by Belvedere and will have to be
approved by VDOT.. Belvedere will use the requested asphalt grade.
7. Covenant Church agrees to sign the documentation for granting site distance and
construction easement for the construction of the new entrance according to VDOT plans. All
grading and restoration of landscape to the level prior to construction of the areas impacted as a
result of construction are responsibility of Belvedere.
8. The covenants, terms and provisions set forth in this Agreement shall run with
each the Belvedere Property and the Church Property and shall be binding on the parties, and
their successors and assigns.
WITNESS the following signature and seal:
Robert M. Hauser TRUSTEE of BELVEDERE
STATION LAND TRUST
STATE OF VIRGINIA I ke
CITY/COUNTY OF Y raw 4 , to -wit:
The foregoing instrument was signed and acknowledged before me this 17
day of g , 2008, by Robert M. Hauser TRUSTEE of BELVEDERE
V STATION LA D TRUST. ,A i _
l I NotaryT blic
My Commission Expires:
Registration Number: �� �} I Sadry Olane Kerns
WNW of
MY
oswv "AM 30, 2011
.+.& � , "�
CHARLES L. SCOTT, TRUSTEE of the
COVENANT CHURCH OF GOD IN
ALBEMARLE COUNTY, VIRGINIA
9,-h 12
ERNESTO V. DEOMAMPO, TRUSTEE of the
COVENANT CHURCH OF GOD IN
ALBEMARLE COUNTY, VIRGINIA
STATE OF VIRGINIA
CITY/COUNTY OF I�IA6"yl&4r%Q__ to -wit:
The foregoing instrument was signed and acknowledged before me this / gv1'
day of _ 2008, by CHARLES L. SCOTT and ERNESTO V. DEOMAMPO ,
TRUSTEE of the COVENANT CHURCH OF G IN ALBEMARLE COUNTY, VIRGINIA.
Notary Public
My Commission Expires: oc' 3 le 00 //
Registration Number: -11Q / d
RECORDED IN CLERKS OFFICE OF
ALBEMARLE COUNTY ON
September 24,2008 AT 2:57:29 PM
$0.00 GRANTOR TAX PD
AS REQUIRED BY VA CODE 158.1-802
STAT ' $0.00 LOCAL'. $0.00
1ARLE COUNTY, VA
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