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HomeMy WebLinkAboutSUB201400076 Other 2015-08-14 (4) 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 /5 day of July, 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." WITNESSETH THAT: WHEREAS, 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 deeds in the land records of Albemarle County, Virginia in Deed Book 4296, page 279 and Deed Book 4296,page 275, hereinafter called the "Property," and 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 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" has been V 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 LAND TRUST By: �%v 0*- Wendell W. Wood, Trustee COMMONWEALTH RF VIRGINIA CITY/COUNTY OF PA ,to-wit: The foregoing Stormwater Management/BMP Facilities Management Agreement was acknowledged before me by WENDELL W. WOOD, Trustee of FIRST GOLD LEAF LAND TRUST this j day of , 2015. My commission expires: 3 V o&ck )_\ , Notary Public ID No.: -\2 � COUNTY OF ALBEMARLE, VIRGINIA By: �/b /7jo,nas C. re, ley Name CO u,1-H•-y c.X e e u 1-t v-e- Title COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ribado f v j'//e , to-wit: The foregoing Stormwater Management/BMP Facilities Management Agreement was acknowledged before me by 7joma 5 C. o/e_y , (dotA r rY c Xecu 4-1✓e of the COUNTY OF ALBEMARLE, VIRGINIA this ate' day of „1,4 1 2015. My commission expires: .un e� 3 0 , c320/ 7 4i$. t? 4 Notary Pub�jlic q 9 hi- N`,``111,, ID No.: c OT4 ` ' %8 j 3gC : 'E mr�ry0 •.,�' t'259�.•'•�j ,� ///////I/1111'Iiti Approved as to form: C di At .r1 Y