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HomeMy WebLinkAboutWPO200400004 Agreements Stormwater Management Plan 2018-02-12 •Page 1of4 Instrument Control Number 005839 Commonwealth of Virginia Land Record Instruments Cover Sheet-Form A I11irnii „„1niuniiiii1 (ILS VLR Cover Sheet Agent1.0.66] Recorded: 04l/11/2006 atT10:331:01 AM Fee Mt: $16.00 Pane 1 of 4 Albemarle County VA T C Date of Instrument: [4/8/2005 ] Shelby marshal' Clerk Circuit Court Filed 4666-66666630 X R instrument Typo: (AG ] aK2955 P6366-369 P E Number of Parcels [ 1] X Number of Pages [ 3) E M City❑County® [Albemarle County ] (Box for Deed Stamp Only) P First and Second Granton T_ I Last Name I First Name I Middle Name or initial I Suffix 60 [March Mountain Propert][ ]J ]1 ] [ J( Jr Jr ] Find and Second Grantees Last Name I First Name I Middle Name or Initial I Suffix ©❑ [Board of Supervisors of ][ ][ J( ] ❑❑ [ It It ][ 1 Grantee Address (Name) [Board of Supervisors of Albemarle County,Virginia ] (Address 1) (401 McIntire Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA] [22902 J Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 J Prior Instr.Recorded at City ❑ County❑ [ ] Percent.In this Jude. [ 100] Book [ ] Page [ ] Instr.No [ J Parcel Identification No(PIN) [71 J Tax Map Num. (if different than PIN) [55 ] Short Property Description [Ballard Field(AKA Old Trail) ] Current Property Address(Address 1) I J (Address 2) ( J (City,State,Zip) ( II J( J Instrument Prepared by [Engineering&Public Works ] Recording Paid for by (March Mountain Properties,LLC ] Return Recording to (Name) [Sherry Short ] (Address 1) [Community Development J (Address 2) [401 McIntire Rd.,Rm 227 ] (City,State,Zip) [Charlottesville I[VA][22902 ] Customer Case ID [ J J I I ] d7) 'II t'ILT1'.V l'It'./(1'.:4)11'.)1,WP4'41. 1. Cover Sheet Page#1 of 1 , .L t y1 .•i ..i , r"1' ,,,r? n4 { rF ,. Book: 2955 Page: 366 FileNumber: 2005-00005839 Seq: 1 •Paps 2 of 4 • STORMWATER MANAGEMENT/BMP FACILITIES MAINTEWC1 I8REEMENT THIS AGREEMENT,made and entered into this 21 day of December ,2004,by and between March Mountain Properties.L1,C 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 TMP-55-71 as recorded by deed in the land records of Albemarle (Albemarle County Tax Map/Parcel Identification Number) County,Virginia,Deed Book 2233 Page 389 , 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 Old Trail—Ballard Field (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 6/2/92(or latest date form available)is to be used to establish what good working condition is acceptable to the County. - 1-• PrnnnnA hvI`nnnl.nrAlhwr•rvrin llrnarrenon1 ofPn"ineori"e b Pnhlir W.,4• Book: 2955 Page: 366 FileNumber: 2005-00005839 Seq:2 •Pogo 3of4 • 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- Pmn.n.,I h,. utnw of Alf..mo./0 rion..tm.nt of linnin..,ino b PnNir Nnri'• Intrr:m U....i A,.n.nA:rr• D..,.A-7 Book: 2955 Page: 366 FileNumber:2005-00005839 Seq: 3 •Page 4of4 WITNESS the following signatures and seals: March o taro Properties,L.L.C. (Seal) By: Gavlon T.Beights (Type Name) Managing Member (Type Title) STATE OF VIRGINIA >tYlkittTlt'OF CHARLOTTESVILLE CITY The foregoing Agreement was acknowledged before me this 21st day of December 2004,by Ceylon T. Beighta, Managing Member of March Mountain Properties, L.L.C. NOTARY PUBLIC My Commission Expires: 5/31/07 COON F ALBS E,V14:1 GINIA By: Ro ert W. Tucker, Jr. (Type Name) Co ty Executive (Type Title) STATE OF Virginia COUNTY OF Albemarle yT,,he foregoing Agreement was acknowledged before me this 21s z day of December 20 n4,7 Rnhnrt W rm'ker, Jr. 4iuti 4. NOTARY PU e4t() My Commission Expires: June 30, 2005 Approved as to Form: � . 12- 21-G L RECORDED IN CLERKS OFFICE OF 0o67-?ty.Arney Date ALBEMARLE ON April 11.2005 AT 10:31:01 AM $0.00 GRANTOR TAX PD -3- AS REQUIRED BY VA CODE 158.1402 STATE:$0.00 LOCAL:$0.00 Vn`Mm,11w r`m�nly est AllYan•rlw Mn„lmnnt nrFnniwMriwn 1B Vnhlir Wnrir. in,.ei'n ALBEMARLE COUNTY A SHE B�MAjtB_HALL CLERK C UIT COURT Book: 2955 Page: 366 FileNumber: 2005-00005839 Seq:4