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Home My WebLink AboutWPO200900030 Stormwater Management Maintenance Agree. SWM/BMP Facilities Maintenance Agreement 2010-05-20 = ` ^ ' Albemarle County, VA Debra M.. Shipp CiGrk 561 East Jefferson St. Charlottesville' VA 22902 Phone Number: (434)872-4083 Fax Number: (454)293-0288 DEEDS Receipt Official Receipt: 2010-00007561 Printed on C5/24/2010 at 11 :50:03 AM InstrumentRECEIVED OF FIRST CHURCH OF THE NAZARENE Date Recorded: 05/24/2010 • GR :... cJAN C. YOUNG, JOHN W. � ,..'..N3' AND BARBARA S. WELLS, 63 TRUSTEES OF THE EX:N • GRANTEE:GO4RD OF SUPERVISORS OF ALBEMARL-E COUNTY, VIRGINIA EX:Y Addr9SS7:4)1 MCIMTIRE ROAD • 4ddreSS2: City/3tat8/Z1p:CHARLOTTESVILLE VA 22902 Description. CHARLOTTESVILLE FIRST CHURCH OF THE NAZARENE.- W130-2009-00030 AZARENE -NPO-20O8-O003O ConsiUermt1on:MOO AnVumption:$O.00 LoCality:CO Percenƒ:lOO.OU% Pages:4 NOmen:O • Accounts 635 - OPEN SPACE PRESERVATION • $1 .00 [39- DEEDS & CONTRACTS $0.00 106- TECHNULOGY TRUST FUND FEE $0.00 2/3- COUNTY GRANTEE TAX $0.00 O0l DEEDS $14.50 ListingItemized Check Check # 8493 $17.00 Total Due: $1700 • pdid By Check: �— ��7.00 • Change Tendered: —�~- $0.00 Cashier:ERIKA N. JOHNSON Reo:CI Instrument Control Number GU r� e Commonwealth of Virginia SIM��I��I��I�IIO��I��I�I�I��I��H��Land Record Instruments Cover Sheet - Form A Doc ID: 005328680005 TVpe DEE Recorded: 05/24/2010 at 1149:50 AM Fee Amt: $17.00 Page 1 of 5 Albemarle County, vA Debra M. Shipp [ILS VLR Cover Sheet Agent 1.0.66] 0- 00 T C Date of Instrument: [5/20/2010 ] BK38844 PG306-310 1 A O Instrument Type: [AG ] X R P E Number of Parcels [ 1] X Number of Pages [ 4] E (Box for Deed Stamp Only) M City , County(x I [Albemarle County ] p First and Second Grantors T Last Name First Name Middle Name or Initial Suffix _ [Brian C. Young, John W ] [ ][ ] [ ] — [ , ] [ l [ l [ l First and Second Grantees Last Name First Name Middle Name or Initial Suffix L _ [Board of Supervisors of ][ ] [ ] [ ] I I [ ] [ l[ 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 County x [Albemarle County ] Percent. in this Juris. [ 100] Book [3604 ] Page [703 ] Instr. No [ ] Parcel Identification No(PIN) [07900-00-00-008A0 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Charlottesville First Church of the Nazarene-WPO-2009-00030 ] Current Property Address (Address 1) [ ] ] (Address 2) [ ] (City,State,Zip) [ ] [ ] [ ] Instrument Prepared by [Albemarle County CDD ] Recording Paid for by [First Church of the Nazarene ] 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 [ ] [ ] [ ] Cover Sheet Page#1 of 1 IIIIIIIII 0051426 STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 27 day of April, 2010, by and between Brian C. Young, John W. Wiggins, and Barbara S. Wells, as Trustees of The Charlottesville First Church of the Nazarene 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 07900-00-00-008A0 as recorded by deed in the land records of Albemarle County, Virginia,Deed Book/Page Deed Book 3604, Page 703, 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 Charlottesville First Church of the Nazarene—WPO- 2009-00030, (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 managementBMP 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: The Charlottesville irst Church of the Nazarene Compal SP•rpor ion/Partnership Name (Seal) C, By: / �,J, V1 Brian C. Young fohn W. Wiggins Barbara S. Wells (Type Name) (Type Name) (Type Name) Trustees (Type Title) STATE OF V.U'l CITY/COUNTY OF Q..Q. The foregoing Agreement was acknowledged before me this C- day of rri 2010 , by Brian C. Young t� NOTARY PUBLIC %O /£/ My Commission Expires: //311 /3 STATE OF ,J.{ftG,t,�r�-- CITY/COUNTY OF CIL- ym The foregoing Agreement was acknowledged before me this day of , 2010 , by John W. Wiggins ! -67—Sc!th�.0 0/ `/ / 7 NOTARY PUBLIC �J My Commission Expires: l/3 t/ 13 STATE OF CITY/COUNTY OF Ca-The foregoing Agreement was acknowledged before me this day of IY CLA-j, , 2010 , by Barbara S. Wells (J knC7.hl14 . 10/ 7/ NOTARY PUBLIC (� My Commission Expires: /31/,13 - 3 - Prepared by County of Albemarle Department Community Development Revised July 7,2006 a .p COUNT F ALBE ' E, VIRGINIA By: ( ,� ' Robert W. Tucker, Jr. (Type Name) County Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville The foregoing Agreement was acknowledged before me this 17th day of May 2010 ,by Robert W. Tucker, Jr. • • MU4�``��urinunrrrr"i 4a4tfiJ / /f/ NOTARY P ': IC My Commission Expires: June 30, 2013 ?474 NOTARI' n F'U811G Approved . to Form>7 ya 5 rx1`ter .00. ty �,orney Date RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON May 24,2010 AT 11:49:50 AM $0.00 GRANTOR TAX PD AS REQUIR:I BY VA CODE§58,1.802 STAT J$0.00 LOCAL:$0.00 ALBE 1ARLE COUNTY, VA DEBI RK oc -4 - Prepared by County of Albemarle Department Community Development Revised July 7,2006