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Home My WebLink AboutWPO201400054 Stormwater Management Maintenance Agree. SWM/BMP Facilities Maintenance Agreement 2015-11-18 S7:ha' [COj S-C�� QOM!y"`` I. NS C'.1 Instrument Control Number . C Commonwealth of Virginia Land Record Instruments 1110111illill 111011111 11111111011 II IUMII Cover Sheet - Form A Doc ID: 033233030004 Type: DEE Recorded: 11/19/2015 at 09:06:34 AM Fee Amt: $17.00 Page 1 of 4 [ILS VLR Cover Sheet Agent 1.0.66] Albemarle County, VA Debra M. Shipp Ciruit Clerk File# 2015-00012992 T C Date of Instrument: [11/18/2015 1 BK4696 PG644-647 A O Instrument Type: [AG ] X R P E Number of Parcels [ 1] X Number of Pages [ 3] E M City 1 County x [Albemarle County ] (Box for Deed Stamp Only) p First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Mount Juliet Farm L.P. ] [ ][ ] [ l [ ] [ ][ ] [ l First and Second Grantees Last Name First Name Middle Name or Initial Suffix [Board of Supervisors of ] [ ] [ ] [ l [ l[ ] [ l [ l Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ l (City,State,Zip) [Charlottesville ] [VA ] [22902 ] Consideration[0.00 ] Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City i 1 County x [Albemarle County ] Percent. in this Juris. [ 100] Book [3042 ] Page [362 ] Instr. No [ ] Parcel Identification No(PIN) [04000-00-00-02660 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Grace Estate Winery ] [W P0201400054 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ l [ ] [ ] Instrument Prepared by [Albemarle CDD ] Recording Paid for by [Mount Juliet Farm L.P. ] 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 [ ] [ ] [ l I Cover Sheet Page#1 of 1 1 ? %. �'(_ y 1111 - I 2 9 9 2 STOPATFR MANAGEMENT/BMP FACILITIES MAINTENANCE,AGREEMENT THIS AGREEMENT, :4 and entered into this 1-6._ day of utti • ,kr-by and between Mount Juliet F: L.P. (fo erly Mpunt Juliet F: LLC) hereinafter called the (Insert Full Name of 0 er) "Landowner", and the Board of Su,- isors of Albemarle Co ty, Virginia, hereinafter called the "County", WITNESSETII, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 04000-#0-00-026130 as recorded by deed in the land records of Albemarle County, Virginia,Deed Book/Page 3042/362 , 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 Grace Estate Winery , and (Name of Plan/Development) WHEREAS,the Water Protection Ordinance( '0)Plan described as Grace Estate Winery PC::-2f1;14, (N: e of Plan/Development-WPO Application Number) hereinafter called the "Plan"which is expressly made a part f, 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 assitu s,incl I g any homeowners association, agree that the health, safety,and welfare of the residents of Alb- : le County, Virginia,require that on-site stormwater management/BMF'facilities be constructed and • tamed 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 •: 'es hereto agree as follows: I. The on-site stormwater m. _ement/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 storrnwater 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 stonnwatcr. Adequate maintenance is herein defined as good working condition so that these facilities arc performing their desi!• functions. Prepared by County of Albemarle Department Community Development Revised September 18,2012 3. The Lando •r, its successors and assigns, shall inspect the stormwater agement/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 ar- , access roads,etc. Deficiencies shall be noted in the inspection report. 4. The Lando er, its successors and assigns,hereby g t ict ission to the County, its authorized agents and employees, to enter upon the Property and to ins • 1 the stormwater management/BMP facilities whenever the Co ty deems necessary. The purpose of inspection is to follow-up on repo 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 co ence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns,fails to maintain the stormwater managementi3MP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps n -ssary to correct deficiencies identified in the inspection report :t 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 - • t any structure of pe anent nature on the land of the downer outside of the easement for the stormwater m: temenilBMP facilities. It is expressly understood and agreed that the Co ty is under no obligation to routinely maintain or repair •:.d facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. 6. The : downer, its successors and assigns, will perfo i. the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the storm ..ter management/B ' facilities(including sediment removal)is outlined on the approved plans, the schedule will be followed. 7. In the event the County purs t to this Agreement,performs work of any nature,or expends any funds in performance of said work for labor,use of equipment, supplies,materials, : • the like,the Landowner, its successors and assigns, shall reimburse the County upon demand, within - (30)days of receipt thereof for all ac * costs incurred by the Col nty here er. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner ces to hold the County harmless from any liability in the event the stormwater rrianagernent/BMP facilities fail to operate properly. 9. This Al -ement 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,assit , heirs and any other successors in interests, including any homeowners association. -2 Prepared by County of Albemarle Department Community Development Revised September 18,2012 ‘ WITNESS the following signatures and seals: Mount Juliet Farm L.P. (formerly Mount Juliet Farm LLC) BY: Grace Pro fen Manatement Inc. Its General Partner Compan Corporation/Partnership Name (Seal) By: Pc t.-r Me A (Type Name) Pre..] "'-'"T (Type Title) STATE OF CITY/COUNTY OF /riff The foregoing Agreement was acknowledged before me this i2 G day of (I CA-to 20 )<, 1-.:, l'...qa 8,1etz. ,' rsifiCiit a , , I i I f I LELIA 0 HARRINGTON My Commission Expires: //17)-2..--0.8_ NOTARY PUBLIC STATE OF NEW YORK NASSAU COUNTY LIC.#O1HA6.21182 COUNTY OF ALBEMARLE, VIRGINIA COMM.EXP By: \i-itolevtdO_ C Thomas C.C. Foley (Type Name) County Executive (Tyr .(. Titic) STATE OF Virginia CITY/C-etittrrOF Charlottesville The foregoing Agreement was acknowledged before me this 5th day of November 20 15 7 by _ Thomas C. Foley, County Executive , 2 40, i 4, °\it' . . ''•Y‘ '''', — ....1,. ...1, My Commission Expires: June 30, 2017 ...z, e 1\1 0 7k '.'"A. .7.. *I IN= = • i) : = fi I. UBLIC i*Zi :::: '..•%. Approved as to Form: 1. ••••0,0 .• t __ ...% ‘az----1--. 5 Date RECORDED IN CLERKS OFFICE OF 15.0.19:4 :: ...... i -2.- 1 °his 1,uttttkk ALBEMARLE ON NOVEMBER 19,2015 at 9'06 34 AM AS REQUIRED BY VA CODE §58.1-802 7; -'.,020OLOCAL:COUNTY, VA $0.00 LEO Prepared by County of Albcmarle Department Community Development • :-- if IPP C r - — Revised September 18,2012 , C,C ° Albemarle County, VA Debra M.N. 3h1pp Ciruit Clerk 501 East Jefferson St. Charlottesville, VA 22902 Phone Number: (434)972'4083 Fax Number: (434)293-0298 Official Receipt: 2015-00017660 Printed on 77/19/2015 at 09:07:03 AM By: 11 on CIRCOURT 005490 Date Recorded: 11/19/2015 Instrument ID Recorded Time Amount Bk 4696 Pg 644 09:06:34 AM $17.00 File NO, 2015-00012992 AG- AGREEMENT GRANTOR:MOUNT JULIET FARM L.P. EX:N GRANTE[:8OARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA EX:Y Addre0S1 :401 MCINTIRE ROAD Addr8GS2: City/3tat8/Iip:CHARLOTTE3VILLE VA 22902 GRACE ESTATE WINERY WPO201400054 CUO81derOt1OD:$0.00 Assumption: Locality:CO PerCent:180.O0% Pages:3 Names: Accounts Amount 301- DEEDS ------- $14,50 039- DEEDS & CONTRACTS $0.00 213- COUNTY GRANTEE TAX $0,00 145- VSLF $1.50 106- TECHNOLOGY TRUST FUND FEE $0.00 035 OPEN SPACE PRESERVATION $1 .00 Itemized Check Listing -- - Check # 2311 $17.00 ______ Total Due: $17.00 Paid By Check:. $l7.0O Change Tendered: $0.00 VISIT US ON THE WEB AT HTTP://COTTHO3TING.CON/YAALUENARLEEXTERNAL