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Home My WebLink AboutWPO200700055 Agreement - SWM Maintenance 2007-08-03Instrument Control Number L -� Commonwealth of Virginia � �'.�' Land Record Instruments 111��I111jllIllIIIIIIIIlllllllllllllllllllllllllllllllllllllllllllllllllllllll � o �, � Cover Sheet - Form A Doc ID: 004636340004 7Vpe: DEE AM N `� FeaoAmt��$17'00,Page ltofg436:08 Albemarle County, VA II''�� l.f.f � `� � Y � t`q � ;ILS VLR Cover Sheet Agent 1.0.66] Shelby Marshall Clerk Circuit Court File# 2007-000i2726 C) � m� �K3471 Pa389-392 � Date of instrument: [8/3/2007 ] Y Instrument Type: [AG ] S Number of Parcels [ 1 ] X Number of Pages [ 3] ..................... ... .............. E (Box for Deed Scamp Only) M City ❑County x❑ [Albemarle County ] p First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Eastwind Properties, LLCJ [ ] [ ] [ � ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ®❑ [Board of Supervisors of ] [ ] [ ] [ ] Grantee Address (Name) [Board of Supervisors of Albemarle County, Virginia ] (Address 7) [401 McIntire Road ] (Address 2) [ ] (City, State, zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ]Existing Debt [0.00 j Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑County® [Albemarle County ]Percent. in this Juris. [ 100] book [3346 ] Page [389 ] Instr. No [ ] Parcel Identification No (PIN} [09300-00-00-00100 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Lafayette Lane Extension ] [ ] Current Property Address (Address 9) [ ] (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 # 7 of 1 [Albemarle Conty CDD [Eastwind Properties, LLC [Pamela M. Shifflett [Albemarle County Community Development Department [401 McIntire Road [Charlottesville ] [VA ] [22902 [ ] [ ][ STURMWATER MANAGEMENT/BMP FA['n,ITTFS MAINTENANCE �i�l� THIS AGREEMENT, made and entered into this l lth day of July 2007 , by and between Eastwind Properties LLC 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 Albemarle County Tax Map/Parcel 93-1 records of Albemarle County, Virginia, Deed Book/Page hereinafter called the "Property". as recorded by deed in the land 3346-389 WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site P1an/Subdivision Plan known as Lafayette Lane Extension _ {Name of PIan/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 rnanagementBMP facilities be constructed and maintained an 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 successars 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: l . The an -site stormwater managementBMP facilities shalt 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 storcnwater 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 Departmeat Community Development Revised July 7, 2406 3. The Landowner, its successors and assigns, shall inspect the stormwater managernentlBMP 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 starmwater managementBMP facilities whenever the County deems necessary. The purpose of inspection is to fallow -up an reported deficiencies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection &ndings and a directive to carnmence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater managementBIVIP 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 managementBMP facilities. It is expressly understood and agreed that t$e 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/EMP 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 (34) days of receipt thereof for all actual casts 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 storrnwater managementBMP 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. s.>e Prepared by County of Albemarle Department Community Development Revised duly 7, 2006 WITNESS the following signatures and seals: � .. k � � k;� \ � �'. ti � �.. •3, �. � � w _ *:. M1 I �,' ti 5. . � ''`s �., Eastwinld Pragerties LLC Compan ! arpora ' artnership Narne (Seal) f By Wil ' G. Baldwin Jr. ype Name) Manager (Type Title) STATE OF Virginia CITY/COUNTY OF Albemarle The foregoing Agreement was acknowledged before me this I lth day of J�Iy , 20 07 , by My Commission Expires: Nt7Y � �O�O f v � %D�j { { �' STATE OF B� Virginia (Type Title) CITY/COUNTY OF Charlottesville The fore oin A ement was acknowled ea before me this '"`� � � � � � g g gre g .mod day of Au��.t a_ M 20 0 7 . by _' NOTAIiry -.N ,� NOTARY PUBL � ; P�BL1c My Commission Expires: June 30, 2009 � q� * �2� �' . 4. k253 �n��itum�aN�� Approved to Form: A rney Date Prepared by County of Albemarle Department Community Development Revised 7uly 7, 20(}6 RECORDED IN CLERK5 OFFICE OF ALBEMARLE ON 3 � August 08,2007 AT 9:36:06 AM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE g58.t-802 STATE: $0.00 CAL: $0.00 ALBEMARLE UNTY,VA g H L C RK CIRCU URT CaG Instrument Control Number i�U � Commonwealth of Virginia ai � Land Record Instruments � �''U � � Cover Sheet -Form A � '� N .... fA� !A8 � '""� � � � .a [Il.S VLR Cover Sheet Agent 1.o.Blij U � � � � Date of Instrument: [813/2007 ] A Instrument Type: [AG ] X , E Number of Parcels [ 1 ] I IllllllllllllIIIllllllllll lllll lllll IIIII lllll IIIII lllllllll!llllllllll till Illl Aecorded: 08/08/20070at 09e36D08 AM Fee Amt: $17.00 Pape 1 of 4 Albemarle County, VA Shelby Marshall Clerk Circuit Court Filet/ 2007-00012726 BK3471P�389-392 X Number of Pages [ 3] .-. .. ............................ E M City ❑County x❑ [Albemarle County ] (Box for Deed Stamp Only) p Firs# and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Eastwind Properties, LLCj [ l [ l [ � ] First and Second Grantees 1_ast Name First Name Middle Name or Initial Suffix ®❑ [Board of Supervisors of ] [ ] [ ] [ ] �� [ ][ if ][ } Grantee Address (Name} [Board of Supervisors of Albemarle County, Virginia (Address 7} [401 McIntire Road (Address 2) [ {City, State, zip) [Charlottesville ] [VA ] [22902 Consideration [0.00 ] Pxisting Dabt [0.00 ] Assumption Balance [0.00 Prior Instr. Retarded at: City ❑County® [Albemarle County Book [3346 ] Page [389 ] Parcel Identification No (PIN) [09300-00-00-00100 Tax Map Num. (if different than PIN) [ Short Property Description [Lafayette Lane Ex#erasion [ Current Property Address (Address 7) [ (Address 2) [ (City, State, Zip) [ Instrument Prepared by Retarding Paid for by Return Recording to (Name) (Address 7} (Address 2} (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of .1 ] Percent. in this Juris. [ 100] Instr. No [ ] l ] ] ] ] ][ ][ ] [Albemarle Conty CDD [Eastwind Properties, LLC [Pamela M. Shiffle#t [Albemarle County Community Development Department [401 McIntire Road [Charlottesville ] [VA ] [22902 [ ] [ ][ STORMWATER MANAGEMENTIBMP FACILITIES MAINTENANCE A� 1�' THIS AGREEMENT, made and entered into this l lth day of July 2007 , by and between Eastwind Properties LLC 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 Albemarle County Tax Map/Parcel 93-1 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 3346-389 _� hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site PIan/Subdivision Plan known as __ _. Lafayette Lane Extension (Name of P1an/Development} hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the County, provides far 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 starmwater management/BMP facilities be constructed and maintained on the Property; and WfiER.EAS, the County requires that on -site stormwater managementBMP 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 managementBMP 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, itnprovernents, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as goad working condition so that these facilities are performing their design functions. The Annual Inspection Report form dated 7/17/2000 (or latest date farm available} is to be used to establish what goad 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 managementBMP 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, #o enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to fallow -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 st. eps 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 managementBMP facilities. It is expressly understood and agreed that tie 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. $. 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 managernentBMP 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 laced, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. -z- Prepared by County of Albemarle Department Community Development Revised July 7, 2006 WITNESS the following signatures and seals: ��,,�� r .. '� .. � �; 1 ";� ,. .. �. ';': •�� Eastwind Properties LLC Compare / arpor artnership Name (Seal) r By: Wil ' G. Baldwin Jr. ype Name) Manager (Type Title) STATE OF Virginia CITY/COUNTY OF Albemarle The foregoing Agreement was acknowledged before me this 11� day of 3uly , 2U �� , by My Commission Expires: �tN • �O �� I (� � 7 �� ! 1 � � CO OF ALBE E,' By: {Type Name) Coun y Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville The faregoing Agreement was acknowledged before me this 3rd day of Au�a's�'`t'��a��ri� 2Q 0,7 , by My Commission Expires: June 30 p-; • ;N �ri7T��f� s NOTARY PUBL t � :, ��9c� 2009 ��;. �' ' .9 � �� iq� �LTH � � �� `� rrrrrlullHN1N Approved s to Form:f% A rney Date Prepared by County of Albemarle Department Community Development Revised July 7, 2006 RECORDED IN CLERKS OFFICE OF � _ ALBEMARLE ON August 08,2007 AT 9:36:08 AM $0,00 GRANTOR TAX PD AS REQUIRED BY VA CODE�58.1-802 STATE: $O.OD CAL: $4.�0 ALBEMARLE UNTY,VA g M H L C RK C1RCU URT pC