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Home My WebLink AboutSUB201400028 Agreements 2015-03-12This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map 56K, Parcel Al DECLARATION TO MAINTAIN STREET TREES THIS DECLARATION is made this day of t vi;, , 2015, by THE HOMEOWNERS ASSOCIATION OF FOOTHILLS CROSSIN , INC., whose address is 455 Second Street SE, 5t" Floor, Charlottesville, Virginia 22902, the Grantor for the purposes of indexing, hereinafter referred to as the "OWNER." WITNESS: WHEREAS, the Owner is the owner of certain real property identified as Tax Map 56K Parcel Al, as depicted by plat in the land records of the Circuit Court of the County of Albemarle, Virginia (the "Clerk's Office ") at Deed Book 3794, Page 4 -14, hereinafter called the "Property "; WHEREAS, pursuant to Section 6.01(d) of the Declaration of Covenants, Conditions and Restrictions for The Homeowners Association of Foothill Crossing, Inc. (the "Declaration ") recorded in the Clerk's Office at Deed Book 3854, page 661, the Owner reserved an easement over the Property for the construction, installation, irrigation, maintenance and upkeep of landscaping features, including without limitation, plants, trees, earth berms and other ground contouring or grading, including reasonable rights of access thereto, over the Areas of Common Responsibility and any Lot located within the Property; WHEREAS, the County of Albemarle (the "County) has authorized the installation of street trees in the public right -of -way in conjunction with its approval of the subdivision plat known as "Subdivision Plat Phase III, Lots 1 -8 and 68 -75, Foothills Crossing," prepared by Roudabush, Gale and Associates, Inc., dated February 3, 2014 and recorded in the Clerk's Office at Deed Book , page (the "Plat ") and, as a condition of approval of the Plat, the Owner is required to maintain street trees installed in the public right -of -way; and WHEREAS, the Owner agrees to assume all responsibility for the installation and maintenance of the street trees as approved by the County. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the Owner declares as follows: 1. Obligation shall run with the land. The Owner's obligation to maintain the street trees as provided in this Declaration shall run with the land in perpetuity and shall be binding on the Owner and its successors and assigns. All references in this Declaration to the "Owner" include the Owner's successors and assigns. All references to "the land" in this section and in paragraph 8 refer to the Property. 2. Standard to which street trees shall be maintained. The Owner shall maintain the street trees in substantially the same condition they were in when they were planted and approved by the County. The obligation to maintain shall include replacement of any diseased or dying street trees. "Maintenance" or any derivative thereof includes maintenance, replacement, correction of damage and trimming broken limbs which cause hazardous conditions, within thirty (30) days after the Owner receives written notice of such conditions. 3. License. The County grants to the Owner a license to enter the public right -of -way to maintain the street trees. The County may revoke the license at any time, but if it does, the Owner's obligation to maintain the street trees as provided in this Declaration shall terminate until the County thereafter grants to the Owner a license to enter the public right -of -way 4. No public maintenance. No public agency, including the Virginia Department of Transportation and the County, shall be responsible for maintaining the street trees. 5. Plat to which this Declaration pertains. This Declaration pertains to the Plat identified in the recitals, any amendment thereto, and any resubdivision of the Property and it shall continue as provided in paragraph 8 unless the County agrees to release this Declaration as provided in paragraph 9. 6. Recordation. This Declaration shall be recorded among the land records of the Circuit Court of the County of Albemarle, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Owner, its successors and assigns. 7. County as a Third Party Beneficiary. This Declaration and the restrictive covenants herein are for the express benefit of the County and the Board of Supervisors of the County (hereinafter, the "Board "), who are hereby third party beneficiaries of this Declaration. The County and the Board shall have the right and authority to maintain an action to enforce this Declaration and any restrictive covenant herein and any breach hereof as though they were parties to this Declaration. 8. Term. This Declaration shall run with the land in perpetuity unless and until this Declaration is released by the Board as provided in paragraph 9, and shall be binding on all successors, assigns and any other parties acquiring any right, title, or interest in the street trees, as applicable. 9. Release. This Declaration may not be released or amended without the express written consent of the Board. Upon request by the Declarants, the Board may release this Declaration if the Declarants offer alternative consideration for the conveyance of the right -of -way by the County to the Declarants by the Deed recorded immediately prior hereto and the Board accepts the alternative consideration. 10. Consent to Form and Substance of this Declaration. Although not an express party hereto, as evidenced by its signature hereto, the County joins in this Declaration to acknowledge that it consents to the form and substance of this Declaration. IN WITNESS WHEREOF, the Owner has caused this Declaration to be executed in its name and on its behalf by its duly authorized officer as of the date, month and year first hereinabove written. THE HOMEOWNERS ASSOCIATION OF FOOTHILLS CROSSING, INC. By: Alan R. Taylor Sole Director COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing Declaration to Maintain Street Trees was signed, sworn to and acknowledged before me this _ day of January, 2015 by Alan R. Taylor, as Sole Director, on behalf of the corporation. Notary Public My Commission Expires: CALIFORNIA GOVERNMENT •D ❑ See Attached Document (Notary to cross out lines. 1-6 below) ❑ See Statement Below (Lines 1 -6 to be completed only by document signer[s], not Notary) 1 -------------------------------------------------------------------- 2 3 4 5 6 Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of ERICA CARRILLO- RAMIREt Commission # 1958205 Z Z No tary Public - California z z Napa County My Comm. Expires Nov 22, 2015 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this �� day of J , 20 �5 . by Date Month Year (1) Nam yeo of Signed proved to me on the basis of satisfactory evidence to be the rsorjK who appeared before me. Signatu Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:IntcVx- >>uv1fh S Document Date: \At \a� 2E715 Number of Pages: Signer(s) Other Than Named Above: COUNTY OF ALBEMARLE, VIRGINIA Thomas C. Foley County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing Declaration to Maintain Street Trees was signed, sworn to and acknowledged before me this '. ^day of January, 2015 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia. Notary Nblic My Commission Expire =5q 20 !% Registration number: — Approved as to form: County Attorney 27274194_2 4 S. NOTARY , � L/BLIG �ti' ......