Original Proffer __X___

Amended Proffer         

(Amendment # __ ___)

PROFFER FORM

 

Date:       November 14, 2007 

ZMA #             2006-016        

Tax Map and Parcel Number(s)            Tax Map 93 Parcels A1-1, A5-1 and Tax Map Parcel 94-74
        and portions of Tax Map 94 Parcels 15, 16, 16A.

 

             111.73              Acres to be rezoned from        PRD/RA          to        PRD    

 

The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the RA to the PRD zoning district as requested, the Owner shall develop the Property in accord with the following proffered development conditions (each, a “Proffer,” and collectively, the “Proffers”), which the Owner acknowledges are reasonable, pursuant to Section 15.2-2303 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance.  If rezoning application ZMA 2006-015 is denied, these proffers shall immediately be null and void and of no force and effect.

 

This Proffer Statement shall relate to the Application Plan entitled “Master Plan, Glenmore”, dated November 2, 1990, and prepared by Clower Associates, Inc., the Application Plan entitled “Glenmore Planned Residential Development Application Plan for ZMA 99-016, dated April 12, 2000 and more specifically the plan entitled, “Glenmore Section K-2”, dated June 15, 2007, last revised August 8, 2007, and prepared by Roudabush, Gale, and Associates, Inc.

 

1.                  The development of the Property shall be limited to those uses allowed by right under Section 19.3.1 (1), (5), (6), (7), (8), (9), (10) and (11) and those uses allowed by special use permit under Section 19.3.2(2), (4), (8), (9), (10) and (11) of the Zoning Ordinance of Albemarle County, Virginia (hereinafter referred to as the “Zoning Ordinance” and the “County”) as  those Sections  are in effect on November 14, 2007,  copies of which  are attached hereto.  The residential development on the portions of Tax Map 94 Parcels 15, 16, and 16A subject to this rezoning shall not exceed seventy-six (76) single family units on seventy-six (76) lots.  For the purpose of this proffer, if more than  fifty percent (50%) of  a lot’s  area is within the portions of Tax Map 94 Parcels 15, 16, and 16A, then  the lot  shall count towards the 76-unit cap. The seventy-six (76) single family dwelling units are in addition to, and not counted as part of, the eight hundred thirteen (813) units authorized in Glenmore PRD by ZMA 99-016 and the forty three (43) units authorized within Tax Map Parcels 94-1 and 80-48 by ZMA 2006-015.  Any lot that is not counted toward the seventy-six (76) single family units shall be counted toward the eight hundred thirteen (813) units authorized in Glenmore PRD by ZMA 99-016. 

2.                  In order to establish a future public greenway trail for  the County along the Rivanna River, within one (1) year after the date of approval of ZMA 2006-1016, the Owner shall dedicate in fee simple to the County for public use no less than 43.45 acres in greenway area, as shown on Attachment A, entitled “Glenmore Greenway Trail, Final Exhibit,” prepared by Roudabush, Gale, and Associates, Inc. and dated June 18, 2007 (the “Greenway Trail Area”). Such Greenway Trail Area may be increased as mutually agreed by the Owner and the County and includes the greenway area originally intended to be included in the greenway pursuant to proffer no. 6 of “ZMA 79-16” (such proffer correctly identified as proffer no. 6 of “ZMA 97-16) and the additional area comprising a minimum of 14.98 acres proffered pursuant to this ZMA 2006-016.

A.     Prior to dedication of the Greenway Trail Area to the County,  no buildings shall be constructed, or erected within the Greenway Trail Area without the consent of  the County and it shall be otherwise preserved in its natural state except for  establishing pedestrian and riding trails and general beautification including, but not limited to, the clearing of underbrush, removal of dead trees and shrubs, and cleanup of the river.

B.     Prior to dedication of the Greenway Trail Area to the County, the Owner may grant across the Greenway Trail Area utility easements, access easements to the Rivanna River for residents of Glenmore and members and guests of the  Glenmore Country Club and may build riding trails or make similar uses of the area, provided that such utility and access easements allow the County’s use of the surface of the easement area to be used as a greenway, including the establishment of signs, benches and other accessory improvements, and do not otherwise interfere with the County’s future use of the Greenway Trail Area as a greenway.

C.     The Owner shall convey the Greenway Trail Area by Deed of Gift and Easement Agreement in substantially the form attached hereto as Exhibit A (the “Deed”) provided, however, that the Owner and County may revise the Deed to complete missing information and agree to make non-material revisions that are consistent with this proffer and the existing Deed language.  The Deed shall be accompanied by a subdivision plat depicting the Greenway Trail Area and bearing a notation that the Greenway Trail Area is dedicated for public use, subject to provisions and reservations contained within the Deed.  If, at the time of dedication, the Greenway Trail Area is not dedicated by an accompanying subdivision plat, the Owner shall pay the costs of surveying the Greenway Trail Area, preparing the subdivision plat or other depiction thereof acceptable to the Director of Community Development and the County Attorney, and preparing and recording the Deed.

D.     After dedication, the Greenway Trail Area  shall continue to be counted as open space for the purposes of the Glenmore Master Plan and required density.

 

3.                  For each dwelling lot that has more than  fifty percent (50%) of its  area within the portions of Tax Map 94 Parcels 15, 16, and 16A subject to this rezoning, the Owner shall contribute sixteen thousand one-hundred eighty-four dollars ($16,184) in cash for the purposes of funding transportation, public safety, school, parks and library improvements to offset public expenditure on Capital Improvement Projects.  The per lot cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot.

4.                  For each dwelling lot that has more than  fifty percent (50%) of its  area  within the portions of Tax Map 94 Parcels 15, 16, 16A subject to this rezoning, the Owner shall contribute two-thousand seven-hundred sixty-four dollars ($2,764) in cash for each dwelling lot on the Property to provide capital for Albemarle County’s Affordable Housing Program.  The per lot cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot.

5.                  Beginning January 1, 2008, the amount of cash contribution required by Proffer number 3 shall be adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in the Comparative Cost Multiplier, Regional City Average, Southeast Average, Category C: Masonry Bearing Walls issued by Marshall Valuation Service (a/k/a Marshall & Swift) (the “Index”) or the most applicable Marshall & Swift index determined by the County if Marshall & Swift ceases publication of the Index identified herein.  In no event shall any cash contribution amount be adjusted to a sum less than the amount initially established by these proffers.  The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall be the Index as of December 1 in the year preceding the calendar year most recently ended, and the denominator of which shall be the Index as of December 1 in the preceding calendar year.  For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year.

 

Exhibit A to Proffers for ZMA #2006-016

 

 

Albemarle County

A Portion of TMP#s 93A1-1 and 93A2-1A

 

PREPARED BY:

McGuireWoods LLP

 

EXEMPTED FROM RECORDATION TAXES UNDER

THE VIRGINIA CODE (1950), AS AMENDED

SECTION 58.1-811 (3)

 

 

            This DEED OF GIFT and EASEMENT AGREEMENT made this ____ day of _________________ 200__, by and between GLENMORE ASSOCIATES LIMITED PARTNERSHIP, a Virginia limited partnership, Grantor, of the first part, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee of the second part, whose address is 401 McIntire Road, Charlottesville, Virginia 22902;

W I T N E S S E T H:

The Grantor does hereby GRANT, GIVE and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the County of Albemarle, Virginia, the following described real property:

All that certain lot or parcel of land, lying and being in Albemarle County, Virginia, containing _____ acres, more or less, shown as _________ on a plat titled _________________ dated _____________, 200__ made by Roudabush, Gale & Associates, Inc. attached hereto and recorded herewith; SUBJECT TO the hereinafter reserved easements and conditions; BEING a portion of the same property conveyed to the Grantor herein named by deed from ___________________dated __________________ of record in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia in Deed Book ____, page ___ (the “Property”).

 

Further, the Grantor does hereby GRANT, GIVE and CONVEY with GENERAL WARRANTY OF TITLE unto the County of Albemarle, Virginia, the following described easement:

[Specific Location of Access Easement to be Agreed Upon by Grantor and County] (the “Access Easement”).

As evidenced by the signatures of the parties to this deed, this conveyance fulfills in its entirety proffer no. 6 of “ZMA-79-016” dated April 5, 2000 (such proffer intended to be proffer no. 6 of “ZMA-97-016”) and proffer no. 2 of ZMA 2006-16, made by the Grantor and is made subject to the following agreements and conditions which shall run with the Property, the lands of the Grantor, and shall further benefit the owners of lots in the Glenmore Subdivision whether currently platted or platted in the future:

(a)             The use of the Property shall be restricted to use by the public only for the purposes of walking, jogging, running, hiking, bicycle riding, nature study, cross-country skiing, and other similar outdoor activities consistent with the Albemarle County Greenway Plan as set forth in the Albemarle County Comprehensive Plan.  All motorized vehicles, including, but not limited to, motorcycles, motor bikes, 4-wheel drives, all terrain vehicles, snowmobiles, automobiles, trucks and the like, shall be prohibited at all times, provided however, that the Grantee may permit motorized machinery, equipment and vehicles of Grantee operated for maintenance purposes only. The Grantee shall not permit the public or any other party to use the Property for any use not expressly permitted herein and shall take all reasonable steps to enforce this provision. 

(b)          The Grantee shall erect “Private Property – Do Not Enter” signs in locations along the perimeter of the Property in the general locations shown on the map attached hereto as ______________.  The signs are subject to the approval of the Grantor as to size, design and color. Grantee, in a timely manner, shall be responsible for the initial creation, installation, maintenance, and replacement of the signs so they are always legible and in good condition.

(c)          The Grantee shall place necessary signs in appropriate locations warning the public of the possible danger of stray golf balls from the golf course at Glenmore Country Club in the general locations shown on ______________.  Such signs are subject to approval by the Grantor as to location, size, design and color. Grantee, in a timely manner, is responsible for the initial creation, installation, maintenance, and replacement of the signs so they are always legible and in good condition.  To the fullest extent permitted by law, the Grantee shall indemnify, defend and hold the Grantor harmless from any and all claims and costs including, but not limited to, legal fees, due to any claims or law suits from anyone making use of the Property who may claim injury from stray golf ball(s) originating from the golf course at Glenmore Country Club.  The Grantee shall add the Grantor as an additional insured to its general liability insurance policy for claims or lawsuits from anyone claiming injury from a stray golf ball originating from the golf course at Glenmore Country Club.

(d)          The Grantee covenants to timely mow and to keep the Property, its pathways and trails in good condition by periodically at regular intervals removing trees overhanging the pathways and trails, removing poison ivy in the proximity of pathways and trails, promptly removing fallen trees, flood debris and other obstructions from the pathways and trails, promptly removing litter, and maintaining signs and other improvements.  The Grantor reserves the right to mow and/or repair the Property as it may deem advisable, in its sole discretion, but such actions shall not negate the responsibility of the Grantee for items set forth herein.

(e)          The Grantee’s Department of Parks and Recreation shall monitor the Property, including the area along the common boundary of the Property with Glenmore Subdivision, approximately once per week.  The monitoring shall be performed by a ranger or other person designated by the Grantee to monitor the Property.  The purposes for monitoring the Property include identifying the need for maintenance of and maintaining the trails, signs and other improvements on the Property, observing the public’s use of the Property, and assuring to the extent practical that persons using the Property do not make unauthorized entry from the Property into Glenmore Subdivision.  Representatives of the Grantee’s Department of Parks and Recreation shall be permitted entry through the main gates of Glenmore Subdivision and over the Access Easement. Representatives of the Grantee’s Department of Parks and Recreation shall only be permitted access onto the Property at the location of the Easement.  In no event shall any representative of the Grantee be permitted entry onto the Golf Course at Glenmore Country Club. Grantee, at its own expense, shall promptly restore, replace and repair any ground cover or improvements disturbed, damaged or removed as a result of Grantee’s ingress and egress over the Access Easement.

The Grantor reserves the following uses and easements over the Property in perpetuity for its benefit, its successors and/or assigns and for the owners of lots in the Glenmore Subdivision as follows:

            (a)        Reserves for the owners of lots in Glenmore Subdivision including future platted areas and lots, as well as for their guests, the use of the horse path(s) as they currently exist on the Property for the riding of horses and ponies on a twenty-four hour per day, seven day per week basis regardless of whether the Grantee shall cease to use the Property as a Greenway.

            (b)        Reserves for the owners of lots in Glenmore Subdivision including future platted areas and lots, as well as for their guests, the use of the Property for purposes of walking, jogging, running, hiking, bicycle riding, nature study, cross-country skiing, and other similar outdoor activities on a twenty-four hour per day, seven day per week basis regardless of whether the Grantee shall cease to use the Property as a Greenway.

            (c)        Reserves across the Property easements for all existing drainage areas and pipes as they currently exist or as may be needed in the future for drainage to the Rivanna River including the right of access for installation, repair and replacement.

            (d)        Reserves easements for all current irrigation pipes, pumps and equipment as they cross the Property for the pumping of water from the Rivanna River to the golf course at Glenmore Country Club, and other properties of the Grantor with the right of access for repair and replacement of pipes and equipment and additional installations.

            (e)        Reserves easements across the Property for motorized machinery, equipment and vehicles of the Grantor, it successors and assigns as operated for the purpose of maintaining the Property or the Grantor’s retained property.

 The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive’s signature hereto and the recordation of this Deed and Easement Agreement.

This conveyance is made subject to easements contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise become ineffective and any lien, inchoate or otherwise for real estate taxes or assessments not yet due and payable.

 

 

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