The URL can be used to link to this page

Home My WebLink AboutWPO200700108 Stormwater Management Maintenance Agree. SWM/BMP Facilities Maintenance Agreement 2006-11-13 Instrument Control Number 1 9 5 1 6 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A 111111 1110111111111 111111111111111111 1E11 Doc ID: 003174450004 Type: DEE Recorded: 11/21/2006 at 11:27:47 AM [ILS VLR Cover Sheet Agent 1.0.66] Fee Amt: $17.00 Page 1 of 4 Albemarle County, VA Shelby Marshall Clerk Circuit Court File# 2006-00019516 T C Date of Instrument: [11/13/2006 ] BK 3325 PG 151-154 A O Instrument Type: [AG X R 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 [Weather Hill Developme ][ ] [ ] [ [ l [ l[ l [ First and Second Grantees Last Name First Name Middle Name or Initial Suffix x [Board of Supervisors of ] [ ] [ ][ [ l [ l[ ] [ 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 County l x 1 [Albemarle County ] Percent. in this Juris. [ 100] Book [3203 ] Page [238 ] Instr. No [ Parcel Identification No(PIN) [056A2-01-00-03000 Tax Map Num. (if different than PIN) [ Short Property Description [Birchwood Place [ l Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) [ ] [ ] [ Instrument Prepared by [Albemarle County CDD Recording Paid for by [Weather Hill Development LLC Return Recording to (Name) Pamela M. Shifflett (Address 1) t (Address 2) [40 �c n ire -oa.,-oom � (City,State,Zip) [Charlottesville ] [VA] [22902 Customer Case ID [ ] [ ] [ 11111:11111 Cover Sheet Page#1 of 1 J STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGRF2141194 1 6 THIS AGREEMENT, made and entered into this 06 day of November , 2006 , by and between Weather Hill Development 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 56A2-1-30 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page Deed Book 3203 Page 238 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 Birchwood Place (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 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 WITNESS the following signatures and seals: Weather Hill Development, LLC Company/Corporation/Partnership Name (Seal) By: ,t4,4gc C P o w ELL. (Type Name) A/ q /V/4 12. (Type Title) STATE OF 1/1 te6-1/V/A CITY/G9eNTY OF C itc..16{{CY 1 /£2,_ p�� ,{ �! The foregoing Agreement was acknowledged before me this 0 day of / 6V'.en-h-er' , 20 C7b ,by AMIZC C . PD&Je=2 Cits('</VA-6-AzIA' 4 T7f& HIL C. •D El./81-4t'/t4 E Ar7- L�C r fori �. !VARY PUBLIC My Commission Expires: I//3p/ Elt TH • + "' !�" �1, NOTARY PUk31.IC ,,,.a1 t:OPACONWEALTH OF VIRGINIA omission Expires Nck 30 .u' CO ► ,' OF ALB ARLE VIRGINI BY: A a -, 4 Rob: _, (Type Name) W Coun. Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Albemarle The foregoing Agreement was acknowledged before me this 10th day of November 20 06 , by Robert W. Tucker, Jr. . NOTARY P ' LIC My Commission Expires: June 30, 2006 Approved as to Forrm: 11 - - " RECORDED IN CLERKS OFFICE OF my Arney Date ALBEMARLE ON November 21,2006 AT 11:27:47 AM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE§58.1-802 - 3 - / STATE:$0.00 LOCAL:$0.00 ALBEMARLE COUNTY,VA RS AL E' CIRCUIT COURT Prepared by County of Albemarle Depa,lment Community Development , 41�. ��0 Revised July 7,2006 �► oC _ _ Albemarle County, VA Shelby Marshall Clerk Circuit Court 501 E. Jefferson St. Charlottesville, VA 22902 Phone Number: (434)872-4083 DEEDS Receipt Official Receipt: 2006-00023348 Printed op 11/21/ZELat 11:27:58 AM RECEIVED OF WEATHER HILL DEVELOPMENT ---- Date Recorded: 11/21/2006 LLC Instrument Amount Bk ""^^ Pg 151 / / :2/:4/ AM $17.00 lDGtrU0en1:200600023822 AG- AGREEMENT GRANTOR/WEATHER HILL DEVELOPMENT LLC EX:N ^ GRANTEE/BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA EX:Y AddFeGGl:401 MCINTIRE ROAD Address2: City/3tate/Zip:CHARLOTTE3VILLE VA 22902 Description: BIRCHNOOO PLACE CODa1dSratiOn:$0.00 Aasumpt1DD:$0.00 LUCality:CO PBrCoDt'lOU O0% '3 Percent:100.00% Pdg8O . Nd0e8:0 Accounts Amount 035 - OPEN SPACE TIO O38- DEEDS & CONTRACTS ` '`` $0.00 106- TECHNOLOGY TRUST FUND FEE $0.00' 145- VSLF $1 .50 213- COUNTY GRANTEE TAX $0.00' 301- DEEDS $14.50 Itemized Check Check # 1607 Listing $17.00 Total Due: $17.00 Paid By Check: $17.00 Change Tendered: $0.00 Cashier:TRAVIS MORRIS Reo:FEE02