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HomeMy WebLinkAboutSUB201400076 Other 2015-08-14 r � Community Development Document Review County Attorney's Office TO: R1cde ( ,GAL K-en,`J'�L°ne‘ PROJECT NUMBER: 1 LI' 606 i\,) 6 r"HAAT 1.01 You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way / Parcel determination'IV►n �' a V Other: 510 penle./k 1 1105+ {' `v -etV t The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is co tionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) :Legal description needs to be revised (see comment below) : Other(see comment below) Comment: If the document is approved,was submitted with the applicants'signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures, a final version of the document with the required signatures may now be submitted. Date:0)-/ / 5 Gr ptnr De Itioun orney PREPARED BY BRIAN S. JOHNSON VSB #74484 LAW OFFICES OF BRIAN S. JOHNSON, PLLC TAX MAP 04500-00-00-110A0; 04500-00-00-11000; 04500-00-00-11100 and 04500-00-00- 111B FIRST AMENDMENT TO STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT (the "First Amendment") is made and entered into this day of January, 2015, by and between FIRST GOLD LEAF LAND TRUST, hereinafter called the "Landowner", and the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, hereinafter called the "County DV-- -i it ► WITNESSETH: - 'ApWHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 04500-00-00-110A0, 04500-00-00-11000; 04500-00-00- 11100 and 04500-00-00-111BO as recorded by deed in the land records of Albemarle County, Virginia in Deed Book/Page 4296/279, 4296/275 hereinafter called the "Property'; and 'G WHEREAS, by Stormwater Management/BMP Facilities Maintenance Agreement dated March 21, 2013 (the "Original Agreement"), recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 4322,page 165,the Landowner and the County entered into an agreement for the construction and maintenance of the stormwater management/BMP facilities located on the Property; and WHEREAS, a new survey by Lincoln Surveying, dated April 30, 2014, last revised 0 January 7, 2015, entitled Subdivision Plat Showing Parcels A, B, C and New Tax Map 45, 'r Parcel 110, Located on U.S. Route 29, Rio District, Albemarle County, Virginia has been recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page . NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. The term "Property" as utilized in the Original Agreement shall now be defined as consisting of that certain property shown on plat of Lincoln Surveying, dated April 30, 2014, last revised January 7, 2015, entitled Subdivision Plat Showing Parcels A, B, C and New Tax Map 45, Parcel 110, Located on U.S. Route 29, Rio District, Albemarle County, Virginia in Deed Book , page . 2. In all other respects the Original Agreement shall remain in full force and effect. WITNESS the following signatures and seals: FIRST GOLD LEAF LAND TRUST By: Wendell W. Wood, Trustee COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing Stormwater Management/BMP Facilities Management Agreement was acknowledged before me by WENDELL W. WOOD, Trustee of tFIRST GOLD LEAF LAND TRUST this day of , 2015. \ My commission expires: Notary Public ID No.: 'serr `ir+` COUNTY OF ALBEMARLE, VIRGINIA By: Name Title COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to-wit: The foregoing Stormwater Management/BMP Facilities Management Agreement was acknowledged before me by , of the COUNTY OF ALBEMARLE, VIRGINIA this day of , 2015. My commission expires: . Notary Public ID No.: Page 2 of 5 instrument Control Number New" 004051 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: [3/22/2013 ] A R R 0 Instrument Type: [AG ] X A A R N N P Number of Parcels [ 3] E T T X O E Number of Pages I 3] E R E CI ❑County (Box for Deed Stamp Only) M City ty© [Albemarle County ] P Grantors/Grantees/Parcel Continuation Form C L T Last Name I First Name ( Middle Name or Initial I Suffix ❑❑0❑ I I[ I[ H 1 0 0 0 0 [ 1 I[ ][ I ❑❑0❑ [ I[ ]t It I ❑0❑❑ [ 1[ It It ) 0 000 [ I[ 1[ It l Prior Instr.Recorded at:City El County® [Albemarle County ] Percent in this Jude. [ 100] Book [4296 ] Page [275 ] Instr.No [ ] Parcel Identification No(PIN) [04500-00-00-11000 I Tax Map Num. (If different than PIN) [ I Short Property Description [Northtown Phase II-A ] [WPO-2013-00002 ] Current Property Address (Address 1) [ ] (Address 2) [ 1 (City,State,Zip) ( )[ ][ I Prior Instr.Recorded at:City ❑ County® [Albemarle County ] Percent.in this Juris. [ 100] Book [4296 ] Page [275 ] Instr.No [ ] Parcel Identification No(PIN) [04500-00-00-11100 ] Tax Map Num. (If different than PIN) [ ] Short Property Description [Northtown Phase II-A ) [WPO-2013-00002 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ I[ I[ I ,;.11,44:, r 1 wi ----- M .57,x. 'i ii of , t i Cover Sheet Page#2 of 2 Book: 4322 Page: 165 FileNumber: 2013-00004051 Seq: 2 Page 3 of 5 STORMWATER MANI}CCEMENT/BIM FACILITIES MAINTENANCE XeREEMENT TI llS AGREEMENT,made and entered into this R day of C t .-- ,10173 ,by and between First Gold Leaf Land Trust hereinafter called the (Insert Full Name of Owner) "Landowner".and the Board of Supervisors of Albemarle County.Virginia,hereinafter called the "County". WITNESSETFI,that WHEREAS.the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 04500-00-00-1 10A0.04500-00-00-11000-04500-00-00-11100 as recorded by deed in the land records of Albemarle County,Virginia,Deed Book/Page 4296/279, 4296/275 hereinafter called the"Property". WHEREAS,the Landowner is proceeding to build on and develop the Property pursuant to a Site Plan/Subdivision Plan known as Northtown Phase 11-A ,and (Name or Plan/oecclopmenq WI-IEREAS,the Water Protection Ordinance(WPO)Plan described as Northtown Phase II-A Erosion&Sediment Control& Stormwater Management Plan—WPO-2013-00002 (Name of I'lanJDevehtpmem-t PO Application Number) hereinafter called the"Plan"which is expressly made a part hereof,as approved or to be approved by the Couty,provides for detention of stormwater within the confines of the Property;and WI I1sREAS,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 stonnwater 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/RMP 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. - 1 - Prepared h)Couunv ai Albemarle Department Conenumia Dc elupmem Re'i.ed leprentber 18.211!2 Book: 4322 Page: 165 FileNumber: 2013-00004051 Seq: 3 Page 3 of 5 STORMWATER MAteGEMENT/BMP FACILITIES MAINTENANCE XIGIREEMENT 5t- TIIIS AGREEMENT,made and entered into this �1 day of AkDa-c' ,d V t3 ,by and between First Gold Leaf Land Trust hereinafter called the (Insert Full Name of Owner) "Landowner",and the Board of Supervisors of Albemarle County-Virginia,hereinafter called the "County". WITNESSETI-1,that WHEREAS.the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 0-1500-00-00-110M.04500-00-00-11000.04500-00-00-11100 as recorded by deed in the land records of Albemarle County,Virginia,Deed Book/Page 4296/279, 4296/275 hereinafter called the"Property". WHEREAS,the Landowner is proceeding to build on and develop the Property pursuant to a Site Plan/Subdivision Plan known as Northtown Phase II-A ,and (Name of Plan/Development) WHEREAS,the Water Protection Ordinance(WPO)Plan described as Northtown Phase II-A Erosion&Sediment Control&Stormwater Management Plan—WPO-2013-00002 (Name of Plan/Devekopmenl-WPO Application Number) 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 WI II?REAS,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 WI IEREAS,the County requires that on-site stormwater management/RMP facili ties 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 managementlBMP 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/RMP 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. • - 1 - Prepared It Comity of Alheinarle Department Conmtuni■Oecclnpmem k e'i,ed seprembei I$.20 2 Book: 4322 Page: 165 FileNumber: 2013-00004051 Seq: 3