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HomeMy WebLinkAboutSDP200000130 Agreements SWM/BMP Facilities Maintenance Agreement 2001-04-27 pF ALg SbY _wee-/3O �' ��' 9P -11L` 41;b7),; 2";‘,/ COUNTY OF ALBEMARLE Department of Engineering&Public Works 401 McIntire Road,Room 211 Charlottesville,Virginia 22902-4596 (804)296-5861 May 10, 2001 James H. and Sue H. Willis Post Office Box 140 Ivy, VA 22945-0140 RE: Millstone of Ivy PreSchool Stormwater Management/BMP Facilities Maintenance Agreement Dear Mr. and Ms. Willis: Enclosed is a fully executed copy of the referenced agreement for your records. If you have any questions, please give me a call at(804) 296-5861. Sincerely, 4LA-V . 2hIct' Sherry M. Short Office Associate SMS/ybv Enclosures Copy: Paul Muhlberger, Environmental Program Coordinator File:forms\swm plans\stormwater bmp letters\millstone of ivy.doc FAX (804) 972-4035 STORMWATER AGEMENT/BMP FACILITIES ] NTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 27 day of April , 20 01, by and between James H. Willis and Sue H. Willis 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 Parcels 37C & 37C2 Tax Map 58 as recorded by deed in the land records of Albemarle (Albemarle County Tax Map/Parcel Identification Number) County, Virginia, Deed Book 119 7/114 7 page 6 0 3/7 3 , hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as Millstone of Ivy Preschool (Name of Plan/Development) 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. The Annual Inspection Report form dated 6/2/92 (or latest date form available) is to be used to establish what good working condition is acceptable to the County. - 1 - Prepared by County of Albemarle Department of Engineering&Public Works Interim Manual,Appendices,Page A-1 Revised August 27, 1999 3. The Landowner, its successors and assigns, shall inspect the stormwater management/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 of Engineering&Public Works Interim Manual,Appendices,Page A-2 Revised August 27, 1999 WITNESS the fc ring signatures and seals: James H. Willis and Sue H. Willis Corn'.ny Corporation/Partnership Name (Seal) By WA ,� / Bye! H. Willis Sue H. Willis (Type Name) Property Owners (Type Title) STATE T TE OF Vir , nio U N1 Y OF C r/v//P,SV i/l e The foregoing Agreement was acknowledged before me thisc: day of 0106 20 0\ , by :0.r�5 {�- WI I l_ ►� S , abuarba.' 6 NOTARY PUBLIC My Commission Expires:(lurid3\I a0 0 e. COUNTY ALBEMA LE, VIRGINIA By: r Rob rt W. Tucker, Jr. (Type Name) County Executive (Type Title) STATE OF Virginia COUNTY OF Albemarle The foregoing Agreement was acknowledged before me this 1st day of May ' 20 0/ , by Robert W. Tucker, Jr. NOTARY PO3LIC My Commission Expires: June 30, 2001 Approved as to Form: °"72 $4Y L-1 . 3 e • o 1 ntydftorney Date - 3 - Prepared by County of Albemarle Department of Engineering&Public Works Interim Manual,Appendices,Page A-3 Revised August 27, 1999 COMMONWEALTH OF VIRGINIA OFFICIAL RECEIPT ALBEMARLE CIRCUIT COURT DEED RECEIPT DATE: 05/03/01 TIME: 08:47:52 ACCOUNT: 003CLR01005181 RECEIPT: 01000008148 CASHIER: KXB REG: ABO1 TYPE: AGREE PAYMENT: FULL PAYMENT INSTRUMENT : 01005181 BOOK: PAGE: RECORDED: 05/03/01 AT 08:47 GRANTOR NAME : WILLIS JAMES H. EX: N LOCALITY: CO GRANTEE NAME : ALB. CO. BOARD OF SUP. EX: N PERCENT: 100% AND ADDRESS : RECEIVED OF : MILLSTONE OF JOY INC. CHECK : $13.00 DESCRIPTION 1: STORMWATER MGT. AGREE PAGES: 0 2: NAMES: 0 CONSIDERATION: .00 ASSUME/VAL: .00 MAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 12.00 145 VSLF 1.00 TENDERED : 13.00 AMOUNT PAID: 13.00 CHANGE AMT : .00 CLERK OF COURT: SHELBY J. MARSHALL DC-iB(10/00) ‘‘',111ran` COUNTY OF ALBEMARLE Department of Planning&Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804)296-5823 Fax(804)972-4012 March 6, 2001 James & Sue Willis P 0 Box 140 Ivy, VA 22945 RE: SP-2000-62 Millstone Preschool Expansion; TM 58, Parcels 37C and 37C2 Dear Mr. & Mrs. Wills: The Albemarle County Board of Supervisors, at its meeting on February 14, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: 1. Enrollment shall be limited to the lesser of the number of students as approved by the Health Department or the Department of Social Services. In any event, the maximum number of additional children shall not exceed fifty (50); 2. The daycare center shall be constructed with the appearance of a dwelling unit; 3. Virginia Department of Health approval of adequate septic and drainfield facilities; 4. The applicant shall comply with the provisions set forth in Section 5.1.06 of the Zoning Ordinance: a. No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this ordinance; b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this ordinance; and c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency. 5. Administrative approval of the site plan. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For Page 2 March 6, 2001 purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, ' I . Wayne C mberg Director of lanning : ommuni 'Development VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Bob Ball, VDOT