LAND MANAGEMENT AGREEMENT
THIS AGREEMENT, made this day of , 20 , by and
between ,
(individual, partnership, association, or corporation)
hereinafter referred to as "Grantor," and the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Grantee," Trustee(s), also referred to as "Grantor," (the "Trustee"), and , Noteholder(s), also referred to as "Grantor" (the "Noteholder").
W I T N E S S E T H
WHEREAS, the Grantor(s) is seized in fee simple of acres, more or less the "Property," located in the City of Virginia Beach, Virginia, reference being made by Instrument Number ______, said deeds and maps being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, for a more particular description; and
WHEREAS, the Grantor(s) desire to construct and install a septic tank(s) or other approved sewage disposal system(s). Certain ditches or other drainage facilities shall be constructed and maintained and certain easements shall be conveyed to the Grantee for coordination of drainage.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth and in further consideration of the approval of the drainage plan pertaining to the above Property, the sufficiency of said consideration being hereby acknowledged, the Grantor(s) agrees
Prepared by: ______
GPIN #: ______
______
Revised: June 22, 2007 Page 2 of 8 owner’s initials
to the following in order to ensure the safe and effective functioning of its septic tank(s) or other approved sewage disposal system(s).
1. The Grantor(s) hereby dedicates and conveys unto the City that certain perpetual drainage easement(s) as shown on the drainage plan recorded in the above Clerk's Office by Instrument Number ______, for the purpose of draining storm water runoff.
2. The Grantor(s) agrees at its sole cost and expense to construct, maintain, and repair those certain ditches and/or other drainage facilities, including those located within City easements, and to grade the surface of the above Property as shown on the drainage plan referenced in paragraph 1 above.
3. The Grantor(s) agrees to post surety in form and amount to be approved by the Grantee guaranteeing the installation of improvements required by this Agreement according to and in compliance with the applicable standards and ordinances of the City.
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Revised: June 22, 2007 Page 2 of 8 owner’s initials
4. The Grantor(s) grants unto the Grantee and State Health Department, its agents and employees the privilege and right to enter upon the above Property for the purpose of inspecting the drainage ditches, other drainage facilities required herein, and the septic tank(s) or other approved sewage disposal system(s) constructed on the above Property. The Grantor(s) agrees that if upon inspection the City and/or State Health Department determines that the ditches or other drainage facilities are not being maintained in a condition adequate for the proper functioning of the septic tank(s) or other approved sewage disposal system(s), then the City and/or State Health Department may notify the Grantor(s) to correct such situation within ten (10) days in the manner specified. If there is noncompliance, the City and/or State Health Department may perform or cause the necessary work to be performed at the expense of the Grantor(s), which expenses the Grantor(s) agrees to pay to the City within thirty (30) days from demand. The Grantor(s) further agrees that if payment to the City is not made within the time specified above, then the amount unpaid shall constitute a lien upon the above Property or the lot or lots involved if the Property is subdivided, said lien to be in favor of the City to secure payment of the cost of the above described work.
______5. The Grantor(s) hereby certifies that the Property is/is not free and clear of all liens and/or
Owner’s initials
encumbrances. If there are liens and/or encumbrances against the Property, the noteholders, lienholders and trustees, if any, by their signature on this Agreement agree to the conditions, duties and responsibilities of the Grantor(s) as referenced in paragraphs 1 through 6 of this Agreement and those shown on the plan recorded herewith.
6. The Grantor(s) agrees that the terms of this Agreement shall be binding upon the Grantor(s) and shall run with the land to bind its successors and assigns. The Grantor(s) further agrees that this Agreement shall be recorded in the Office of the Clerk of Circuit Court of the City of Virginia Beach, Virginia.
WITNESS the following signatures and Seals:
Grantor
By: (Name) (Title)
ATTEST:
By: ______
(Name) (Title)
OWNER ACKNOWLEDGMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, ______, a Notary Public in and for the City and State aforesaid, do
hereby certify that and ______
(NAME) (NAME)
and ______,
(TITLE) (TITLE)
respectively, of , whose name(s) is/are signed to the foregoing Agreement
(NAME OF CORPORATION, PARTNERSHIP, ETC.)
bearing date on the day of , 20 , has/have acknowledged the same before
me in my City and State aforesaid. He/She/They is/are personally known to me or has/have
produced identification.
GIVEN under my hand this day of , 20 .
My Commission Expires: ______
Notary Public
Notary Registration Number:______
______
Noteholder
By: ______
______
(Name) (Title)
Revised: June 22, 2007 Page 4 of 8
NOTEHOLDER ACKNOWLEDGMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, , a Notary Public in and for the City and State aforesaid, do
hereby certify that and ______
(NAME) (NAME)
and ______,
(TITLE) (TITLE)
respectively for ______Noteholder, whose name(s) is/are signed (NAME OF NOTEHOLDER)
to the foregoing Agreement bearing date on the day of ______, 20 , has/have
acknowledged the same before me in my City and State aforesaid. He/She/They is/are personally
known to me or has/have produced identification.
GIVEN under my hand this day of ______, 20 .
My Commission Expires: ______
Notary Public
Notary Registration Number: ______
ATTEST:
By: ______
(Name) (Title)
______Trustee (for Noteholder)
TRUSTEES' ACKNOWLEDGMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, , a Notary Public in and for the City and State aforesaid, do hereby certify that and ,
Trustee(s), whose name(s) is/are signed to the foregoing Agreement, bearing date on the ______day of ______, 20_____ has/have acknowledged the same before me in my City and State aforesaid. He/She/They is/are personally known to me or has/have produced ______identification.
GIVEN under my hand this day of , 20 .
My Commission Expires: ______
Notary Public
Notary Registration Number: ______
ATTEST: CITY OF VIRGINIA BEACH, VIRGINIA
______
City Clerk City Manager/Authorized Designee of the City Manager
CITY'S ACKNOWLEDGMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO ' 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement, bearing date the day of , 20 , has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand this day of , 20 .
My Commission Expires: ______
Notary Public
Notary Registration Number: ______
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement, bearing date on the day of , 20 , has acknowledged the same before me in my City and State aforesaid. She is personally known to me.
GIVEN under my hand this day of , 20 .
My Commission Expires: ______
Notary Public
Notary Registration Number: ______
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
______
Signature - Development Services Center Signature - City Attorney
Revised: June 22, 2007 Page 4 of 8