HomeMy WebLinkAboutWPO201500038 Agreement - SWM Maintenance 2016-03-03T C
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Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
a�
Date of Instrument: `3/2/2016 ]
Instrument Type: [AG
Number of Parcels [ 11
Number of Pages [ 4] ,,,
1 (411111 II;III 111 111�11111111ff1111f11�If 1111111IIf IIIII lilff llff11111fl1111111
Doc ID: 033290950005 Type: DEE
Recorded: 03/03/2016 at 02:21:44 PM
Fee Amt: $17.00 Pane 1 of 5
Albemarle County, VA
Jon R. Zuq Ciruit Clerk
Filed 2016-00002024
EIK4730 PG703-707
002024
City [:]County ❑X [Albemarie County ] (Box for Deed Stamp Only)
First and Second Grantors
Last Name First Name Middle Name or Initial Suffix
[Dunlora V, LLC ] [ ] [ ] [ ]
First and Second Grantees
Last Name First Name Middle Name or Initial Suffix
[Board of Supervisors of ] [ ] [ ] [ ]
�antee 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® [Albemarle County
Book [4717 ] Page
Parcel Identification No (PIN)
Tax Map Num. (if different than PIN)
Short Property Description
Current Property Address (Address 1)
(Address 2)
(City, State, Zip)
Instrument Prepared by
Recording Paid for by
Return Recording to (Name)
(Address 1)
(Address 2)
(City, State, Zip)
Customer Case ID
Cover Sheet Page # 1 of 1
[703 ]
[06100-00-00-16400
[Dunlora V
[WPO -2015-00038
[
[
Percent. In this Juris. [ 100]
Instr. No I ]
]
1
1
l
]
1
[Albemarle County CDD
[Dunlora V, LLC
[Ana D. Kilmer
[Albemarle County Community Development Department
[401 McIntire Road -North Wing
[Charlottesville j [VA ] [22902
[ ][
s,roR,igwAf" F MANAGEMENT/DIVI ' FACILITIES MAi"igTENANICE AGRXEIVW, PI a'
)02024
THIS AGREEMENT, made and entered into this ?—L day of _Y � , W by
and between Dunlora V LLC hereinafter &ed 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 06100-00-00-15400 as recorded by deed in the land records of
Albemarle County, Virginia, Deed Boolk/Pagp 4717/703
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 Dunlora V -, and
(Name of Plan/Development)
WHEREAS, the Water Protection Ordinance (WPO) Plan described as Dunlora V WPO
Plan 5/22/2015 - WPO -2015-00038
(Name of PlaniDevelopment-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 managementBMP 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 Pian.
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 Lando -Amer, 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 mainWn the stormwater
management/BMP facilities in good working condition acceptable to the County, the County may enter
upon the Property and take whatever sten 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.
G. 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 fiords 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.
S. 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.
N
Prepared by County of Albemarle Department Coutmunity Development
Revised September 18, 2012
WITNESS the following signatures and seals:
(I'ype Name)
Co -Manager
(Type Title)
STATE OF `V(4
CITY/COUNTY OF
The foregoing A ent was acknowledged before me this
20-, by
1�I
My Commission Expires: J ��� ,� ��
� - CARRY K GiliISPIF
NOTARY PUBLIC
REGISTRATION # 7562867
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JUNE 30. 2017
Dunlora V LLC
Company/Corporation/Partnership Name (Seal)
By:
L is J- _ c�peZ.
(Type Dame)
Co -Ma eta r
(Type Title)
STATE OF
CITY/COUNTY OF
4 The foregoing Agreement was acknowledged before me this. 7Z day of
20* —T ". i , by Louis A��Co-i1 err j /I//),
f j
1 I _ >e I/ I /! r A.,
My Commission Expires:
CARRIE K GILLISPIE
NOTARY PUBLIC
REGISTRATION # 7562867
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JUNE 30. 2017
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012
COUNTY OF ALBEMARLE, VIRGINIA
(Type Name)
C�a �-�v ►= ,r -e C�ci -#-r �'e
(Type Title)
STATE
CITY/Ct3UNq'Y OF -C&r5y'ij
The foregoing Agreement was acknowledged before me this day of r-6D"6L4rV
20 by '—rh, /r)4 _ -s C. r7-,lejv
My Commission Expires: ltIii r e
=Omicy
orm-
Z. - 23-!
-�� � Daze
RECORDED 1N CLERK'S OFFICE OF
ALBEMARLE ON
MARCH 3, 2016 at 2:21:44 PM
AS REQUIRED BY VA CODE 958.1-802
STATE: $0.00 LOCAL: $0.00
ALBEMARLE COUNTY, VA
JON MR. ZUG R T CLERK
l!t
CC_
-4 -
Prepared
4...
Prepared by County of Albemarle Department Community Development
Revised September 18, 2012