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Home My WebLink AboutWPO201200001 Stormwater Management Maintenance Agree. 2012-05-03 . Instrument Control Number 005933 Commonwealth of Virginia Land Record Instruments IIIIIIIIIIIIIIIII 11111111111111111111111111111IIIII IP111i!III!11111111111111 Cover Sheet - Form A Doc ID: 006692310004 Type: DEE Recorded: 05/11/2012 at 01:45:12 PM Fee Mit: $17.00 Pape 1 of 4 ILS VLR Cover Sheet A ent 1.0.66 Albemarle County VA L 9 ] Debra M. Shipp Clerk File# 2012-00005933 T C Date of Instrument: [5/11/2012 ] BK4 172 PG609-612 A O Instrument Type: [AG ] X R P E Number of Parcels [ 1] X Number of Pages [ 3] E (Box for Deed Stamp Only) M City County x [Albemarle County ] p First and Second Grantors T _ Last Name First Name Middle Name or Initial Suffix [Albemarle Place EAAP, ][ ][ [[ ] n �l [ ][ ][ ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix x U [Board of Supervisors of ] [ ] [ ][ [ LJI I [ ][ ] [ ] [ ] Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA ] [22902 ] Consideration[0.00 ] Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City County I x 1 [Albemarle County ] Percent. in this Juris. [ 100] Book [3483 ] Page [698 ] Instr. No [ ] Parcel Identification No(PIN) [061 W0-03-00-019B0 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Amendment to Stonefield Boulevard Road Plan ] [WPO-2012-00001 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ][ ] Instrument Prepared by [Albemarle County CDD ] Recording Paid for by [Thomas R Galla•her ] Return Recording to (Name) m�. d � : (Address 1) F e� lop • , ] (Address 2) [401 ,- ,i s -< .,„.- , ] (City,State,Zip) [Charlottesville ] [VA ][22902 ] Customer Case ID [ ] [ ][ ] 1111111 Cover Sheet Page#1 of 1 STORMWATER MANAGEMENT/BaIIIES MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of May , 2012 ,by and between Albemarle Place EAAP, LLC hereinafter called the (Insert Full Name of Owner) "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County". WITNES SETH, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 061W0-03-00-019B0 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 3483/698 , 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 Amendment to Stonefield Boulevard Road Plan-WPO-2012-00001, (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 stoiinwater 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 7/17/2000 (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 Community Development Revised July 7,2006 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 stoimwater 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 Community Development Revised July 7,2006 WITNESS the following signatures and seals: Albemarle Place EAAP, LLC Company/Corporation/Partnership Name (Seal) By: 'i/t'ttC(1-4e--/V"------_'7 415. W _ W. McLean (Type Name) President and Chief Investment Officer (Type Title) STATE OF South Carolina CITY/COUNTY OF Lexington The foregoing Agreement was acknowledged before me this 3rd day of May 2012, by Jodie W. McLean . OCRt14114��,�4 t „LcicelOTAitto { '1 RY PUBLIC •..Ob, My Commission Expires: 6/19/12 ; •• V"LSO COUNTY OF ALBEMARLE,VIRGINIA By: \-7-1-0114,019 (2 1-h-e Thomas C. Foley (Type Name) County Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville The foregoing Agreement was acknowledged before me this 10th day of may 2012,by Thomas C. Foley • • NOTARY PU: IC My Commission Expires: June 30, 2013 = • ‘40rAR- •:N (1% PUBLIC :* — Approved as to Form: "9E4, «2a3� a '�.�` nty/ Corney Date RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON May 11,2012 AT 1:45:12 PM - 3 - $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE§58.1-802 Prepared by County of Albemarle Department Community Development ST TE:$0.+ LOCAL:$0.00 Revised July 7,2006 AR l COUNTY,VA a ;-A M HIPP CL c - ac • Instrument Control Number Commonwealth of Virginia Land Record Instruments IIID II 0Hfl III II IIIIIIIO II II IIIIMII Cover Sheet - Form A Doc ID: 006554450004 Type: DEE Recorded: 10/14/2011 at 09:48:27 AM Fee Amt: $17.00 Pane 1 of 4 [ILS VLR Cover Sheet Agent 1.0.66] Albemarle County VA Debra M. Shipp Clerk File# 2011-00011389 T C Date of Instrument: [10/14/2011 ] BK 4085 PG336-339 A O Instrument Type: [AG ] X R P , E Number of Parcels [ 1] X Number of Pages [ 3] E M City I I County I x I [Albemarle County ] (Box for Deed Stamp Only) p First and Second Grantors T _ Last Name First Name Middle Name or Initial Suffix n I I [Albemarle Place EAAP, ][ ] [ ] [ ] [ ][ ] [ ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix _x_ LJ [Board of Supervisors of ][ ][ ][ ] [ ] [ ][ ] [ ] Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA ] [22902 ] Consideration[0.00 ] Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City I I County X [Albemarle County ] Percent. in this Juris. [ 100] Book [3483 ] Page [698 ] Instr. No [ ] Parcel Identification No(PIN) [061W0-03-00-019B0 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Stonefield Boulevard Road Plan-WPO-2011-00036 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ] Instrument Prepared by [Albemarle County CDD ] Recording Paid for by [Thomas R. Gallagher ] Return Recording to (Name) [Ana D. Kilmer ] (Address 1) [Albemarle County Community Development Department ] (Address 2) [401 McIntire Road North Wing ] (City,State,Zip) [Charlottesville ][VA ] [22902 ] Customer Case ID [ ] [ ][ ] 11111111 Cover Sheet Page#1 of 1 STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT i THIS AGREEMENT, made and entered into this 30th dayof September 2011 by and between Albemarle Place EAAP, LLC 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 Albemarle County Tax Map/Parcel 061 W0-03-00-019B0 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 3483/698 , 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 Stonefield Boulevard Road Plan-WPO- 2011-00036, (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 7/17/2000 (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 Community Development Revised July 7,2006 ® 4 a 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 Community Development Revised July 7,2006 r WITNESS the following signatures and seals: Albemarle Place EAAP, LLC Company/Corporation/Partnership Name (Seal) By ,,,,,,' ' ....e0.---%---- 4.die W. McLean (Type Name) President and Chief Investment Officer (Type Title) STATE OF South Carolina • FY/COUNTY OF Lexington The foregoing Agreement was acknowledged before me this 30th day of September 2011,by Jodie W. McLean tLu, jjF ��`��r-1ENFri��"4e,�, C ,,i.i:;•( , . i lit Jac) .4.,-.... ,,..popty \ .../..:s NOTARY PUBLIC = :+ i 6/19/12 My Commission Expires: V "� \G ?ct c e®V COUNTY OF ALBEMARLE, VIRGINIA ��iiiiiiii r,.. By: 1. en-i4404 C ')Irlatf" (Type Name) (Type Title) STATE OF e� i t l ' ‘010, CITY/ U -OF ,.-I' � t1' C-0 e, 44) The foregoing� i _ Agreement was acknowled ed before me this 1 day ofcd,,6,-- , 2011, by 11r0011I'o\ey • 1 li I •TARP PUBLI1t My Commission Expires: 14 ;� �:`" Lisa McCall Busch Approve. as to Form: h' ; Commonwealth of Virginia .,.,; ��' ).` Notary Public /�C�G�" 1 iCl ^ �i t P '.Z Commission No.7031103 " +�:'ty orney Date = M Commission Expires 3/31/2014 RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON 3 - October 14,2011 AT 9:48:27 AM $0.00 GRANTOR TAX PD Prepared by County of Albemarle Department Community Development AS REQUIRED Y VA CODE§58.1-802 Revised July 7,2006 STATE:$ .00 LOCAL:$0.00 ALBEM LE COUNTY,VA =� oR .SHIPP CLERK