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Home My WebLink AboutWPO201300069 Agreement - SWM Maintenance Final Site Plan and Comps. 2017-06-22 wird; County of Albemarle Department of Community Development Memorandum To: Ana Kilmer, Management Analyst Greg Harper,Water Resources Manager From: Mark Hopkins Division: Inspections—E&S Control Date: 22 June 2017 Subject: Conversion to Permanent Stormwater Management Facility The requirements of the stormwater management and water quality component of the water protection performance bond have been satisfactorily completed and this component of the bond may be released at this time. The permanent stormwater management facility(ies) should now be included in the Stormwater Inspection Program. PROJECT NAME: Stonefield F&G TMP: 061W00-03-00-019A0 SITE PLAN NUMBER: 2013-06900 FACILITY DESCRIPTION Type(s) and number of BMPs 1 —manufactured BMP ups- S1iz .f (incl.non-structural) #_ e, (J tS- �►,,+-e, LAN►-1-S -i 1�► u oma,I-ecJ-'r tip Description of Outfall drains to underground detention • (Ex: 24"RCP from 36"CMP riser) Water Quality ® Yes ❑No Design Storm ❑ 10yr ❑ 2yr Any Additional Information 15 Filtera units activated and as built. (incl. stream buffer mitigation) A copy of the site plan and details of the BMP(s)are attached. I:\DEPT\Community Development\Forms\Inspections\SWM Bond Release Form-conversion to permanent swm facility REVISED 3 8 2010.doc Instrument Control Number 004757 Commonwealth of Virginia 11E1111111111111111E111111111111111111 0 111111111111 Land Record Instruments Doc ID: 032904020004 Type: DEE Cover Sheet - Form A Recorded: 05/28/2014 at 08:45:54 AM Fee Amt: $17.00 Page 1 of 4 Albemarle County, VA Debra M. Shipp Ciruit Clerk [ILS VLR Cover Sheet Agent 1.0.66] Filet! 2014-00004757 BK4493 PG728-731 T C Date of Instrument: [5/27/2014 ] A O Instrument Type: [AG ] X R P E Number of Parcels [ 1] X Number of Pages [ 3] E (Box for Deed StampOnly) M City 1 !County j x 1 [Albemarle County ] p First and Second Grantors T _ Last Name First Name Middle Name or Initial Suffix [Albemarle Place EAAP, ][ ] [ ] [ ] El [1 [ ] [ ] [ ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix I:0 LI [Board of Supervisors of ] [ ][ ] [ ] ❑ n [ ] [ ] [ ] [ ] 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 1 County x [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 [Stonefield Blocks F & G Final Site Plan ] [WPO-2013-00069 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ] [ ][ ] Instrument Prepared by [Albemarle County CDD ] Recording Paid for by [Paige Hackler ] 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 [ ] [ ][ ] 11 '. t {1111; 111111 I# Cover Sheet Page# 1 of 1 ' STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT 004757 THIS AGREEMENT,made and entered into this 15th day of May , 2014 ,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 pursuant to a Site Plan/Subdivision Plan known as Stonefield Blocks F& G Final Site Plan , and (Name of Plan/Development) WHEREAS,the Water Protection Ordinance(WPO)Plan described as Stonefield Blocks F & G Final Site Plan—WPO-2013-00069 (Name of Plan/Development-WPO Application Number) 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. - 1 - Prepared by County of Albemarle Department Community Development Revised September 18,2012 • 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 September 18,2012 • • WITNESS the following signatures and seals: Albemarle Place EAAP, LLC Compan /Co •oratio 'a •ership Name (Seal) By: •k _ A_ J•die W. McLean MIPV (Type Name) Pres •ent and Chief Investment Officer (Type Title) STATE OF South Carolina CIT'/COUNTY OF Lexington The foregoing Agreement was acknowledged before me this 15th day of May 2014 by Jodie W. McLean FEN NOTARY PUBLICG My Commission Expires: 3/8/22 ;•. ',� gyM "'Rd.. . � H//11111111.' COUNTY OF ALBEMARLE, VIRGINIA By: \ 1 C -7„4a Thomas C. Foley (Type Name) County Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville The foregoing Agreement was acknowledged before me this 47* day of May 2014 ,by Thomas C. Foley • 0►►nu n u/in1/4e v ly , ' Mt NOTARY P IC P •• My Commission Expires: June 30, 2017 ! NOT,41;4, " o m r ELIC rn PO Approved as to Form: co>D 0 D x, '' - 2c -1►-{ — 4 omyniWZ f,��/r"ssssit► 1 s, de. ty torney Date 2rgWOm -o m A D r �nOrD�� - 3 - 1`.._ZDo 0 c Z ��_• mA OT g 'D Prepared by County of Albemarle Department Community Development m>o0 00 K m Revised September 18,2012 io o 1