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Home My WebLink AboutSUB201600234 Agreements Easement Plat 2013-03-28 Document prepared by and return upon recordation to: Lori H. Schweller, Esq. VSB No.42399 LeClairRyan 123 East Main Street,8`h Floor Charlottesville,Virginia 22902 Tax Map Parcels 61-182 and 61A2-01-B Consideration:$0 AMENDMENT TO RECIPROCAL STORM WATER MANAGEMENT and GREENWAY ACCESS EASEMENTS AND MAINTENANCE AGREEMENT THIS AMENDMENT TO THE DEED OF EASEMENT AND MAINTENANCE AGREEMENT is made and entered into this day of , 2017, by RIO ROAD HOLDINGS, LLC, a Virginia limited liability company, Grantor and Grantee ("Rio"), whose address is P.O. Box 5509, Charlottesville, Virginia 22905; and TREESDALE, L.P., a Virginia limited partnership, Grantor and Grantee (hereinafter "Treesdale"), whose address is 1821 Avon Street, Extended, Suite 200, Charlottesville, Virginia 22902. WITNESSETH: R-1. Pursuant to that certain Reciprocal Storm Water Management and Greenway Access Easements and Maintenance Agreement ("Deed of Easement and Agreement"), dated April 15, 2009, recorded in the Clerk's Office of the Circuit Court of Albemarle County (the "Clerk's Office") in Deed Book 3775, page 645, Rio and Treesdale's predecessor in interest, Albemarle Housing Improvement Program, Inc. (AHIP), granted to each other reciprocal storm water and greenway access easements over their respective properties. (Capitalized terms used herein and not defined shall have the same meaning as in the Deed of Easement and Agreement.) R-2. Rio and AHIP amended the Deed of Easement and Agreement by amendment dated September 27, 2010, recorded in the Clerk's Office in Deed Book 3934, page 231, as corrected by instrument recorded on October 5, 2010 in the Clerk's Office in Deed Book 3938, page 403 and by amendment dated March 28, 2013, recorded in the Clerk's Office in Deed Book 4343, page 681. The Deed of Easement and Agreement, as amended, is hereinafter referred to as the "Agreement." R-3. The Agreement provides that the parties will share the responsibility of maintaining, inspecting, repairing, and replacing the structures, improvements, pipes, and channels comprising the SWM Facility, which is shown on the Treesdale site plan, SDP- 2010-13, as well as any vegetation planted to control the quantity and quality of the storm water. R-4. The County of Albemarle requires additional landscaping in the common areas of the two developments around the SWM Facility for screening purposes, as is shown on Letter of Revision #2 for SDP-2010-13 Treesdale Landscaping within the Treesdale Park Site Plan (the "Screening Landscaping"), and such landscaping is not addressed by the Agreement. The County requires the Parties to expand the areas of the reciprocal SWM Easements to encompass the areas in which the Screening Landscaping is located. Further, the parties desire to provide for maintenance and replacement of the Screening Landscaping. R-5. The parties also desire to set out the process for sharing the cost of maintaining and repairing the SWM Facility. NOW, THEREFORE, in consideration of the parties' agreements and ONE DOLLAR ($1.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree and covenant as follows: 1. Stonewater SWM Easement Areas B and C. Rio hereby GRANTS AND CONVEYS to Treedale, as an expansion of the SWM Easement area (on the common area shown on the Stonewater subdivision plat as Open Space B), the areas shown and identified as "B" and "C" on the attached plat entitled, "PLAT SHOWING ADDITIONAL STORMWATER MANAGEMENT FACILITY EASEMENTS HEREBY DEDICATED TO PUBLIC USE THROUGH TMP 61-182 AND TMP 61-A2-01-B AS SHOWN HEREON, RIO MAGISTERIAL DISTRICT — ALBEMARLE COUNTY, VA," dated November 12, 2016, prepared by Kirk Hughes & Associates, Land Surveyors & Planners, which plat is incorporated into this Agreement (the "Plat"). The landscaping within the landscape areas B and C shall be "Required Landscaping" as defined in the Stonewater Declaration. 2. Treesdale SWM Easement Areas A and D. Treesdale hereby GRANTS AND CONVEYS to Rio and its successor owners association the additional SWM Easement Areas, which are shown and identified as"A" and"D" on the Plat. 3. Screening Landscaping Areas. In accordance with the declarations of the respective developments, Rio and Treesdale (or their successors, including homeowners' associations) shall each maintain and replace, as necessary, the Screening Landscaping on their respective properties within the SWM Easements. Fencing and other structures shall be permitted within the SWM Easement Areas as long as such structures do not interfere with the Screening Landscaping. The parties may clear any underbrush, vines, and any other foliage that does not consist of plantings required by the Letter of Revision for SDP-2010-13 Treesdale Landscaping. The parties shall have the right to plant additional shrubs, bushes, and trees within the landscape areas, provided that any such landscaping shall not damage or interfere in any way with landscaping required by the County, with any underground utility lines or aboveground utility facilities, or with any drainage ditches or other drainage facilities. The parties each shall be responsible for any damage caused to the other's plantings. The covenants contained in this paragraph shall obligate the successors and assigns of Rio and Treesdale. 2 4. SWM/BMP Facility Cost Sharing. To facilitate the maintenance of the SWM Facility, the parties hereby agree that Rio (or its successor homeowners' association) shall prepare a maintenance plan in conjunction with its reserve study for association capital components required pursuant to Va. Code § 55-514.1. Unless Rio and Treesdale mutually agree to maintenance or repairs of the SWM Facility, Rio shall have the right to have any necessary maintenance and repairs to the SWM Facility and shall deliver to Treesdale an invoice for its share of the cost of the work pursuant to the Agreement, which requires the parties to contribute to the cost based on the relative total acreage of their respective properties. The Treesdale property contains 6.18 acres; the total acreage of the Stonewater development, including all lots, common area, and private roads, and not including the entrance road dedicated to the public, is 11.02 acres. Therefore, Rio is responsible for 64%, and Treesdale is responsible for 36%, of the cost of maintenance and repairs to the SWM Facility. Treesdale shall reimburse Rio for its 36% share of any SWM Facility maintenance and repairs within 45 days of receipt of invoice from Rio. This agreement shall be a covenant running with the land, and shall be binding on the parties, their successors and assigns, including homeowners' associations established for the benefit of their respective residential developments. This agreement is made expressly subject to reservations, restrictions, conditions, rights-of-way, and easements contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property conveyed herein which have not expired by limitation of time contained therein or have not otherwise become ineffective. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS.] 3 WITNESS the following signatures and seals: RIO ROAD HOLDINGS,LLC, a Virginia limited liability company By: Hunter E. Craig, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF • The foregoing instrument was acknowledged before me this day of January, 2017 by Hunter E. Craig, Manager of Rio Road Holdings, LLC, a Virginia limited liability company,on behalf of the company. Notary Public My Commission expires: My registration number is 4 TREESDALE, LP, a Virginia limited partnership By: Treesdale Realty Partners, L.L.C., A Virginia limited liability company, Its General partner By: Bluestone Land, L.L.C, Its sole member By: William N. Park, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF • The foregoing instrument was acknowledged before me this day of January, 2017 by William N. Park as Manager of Bluestone Land, L.L.C., in its capacity as the sole member of Treesdale Realty Partners, L.L.C., a Virginia limited liability company, as the General Partner of Treesdale, LP, a Virginia limited partnership, on behalf of the partnership, Grantor. Notary Public My Commission expires: My registration number is 5 a .1k PLAT 6