Agreement between River Heights Associates, Z & S Development Corporation and the County



Approve the Agreement to convey real estate located on Tax Map 45, Parcel 69 in fee simple and to convey an easement across Tax Map 45, Parcel 68D to satisfy Proffers 6, 7 and 8 of ZMA 89-23 and authorize the County Executive to sign the Agreement



Messrs. Tucker, Foley, Davis, Kamptner, Mullaney, Cilimberg






July 2, 2008


  ACTION:                    INFORMATION: 



  ACTION:   X               INFORMATION: 










In the approval of ZMA 89-23 on December 19, 1990 for what is now the location of Sam’s Club, the Board accepted Proffers 6, 7 and 8 for the off-site dedication of property in which the owners proffered to dedicate a 100-foot strip for a greenway along the South Fork Rivanna Reservoir across Tax Map 45 Parcels 30, 68D and 69 upon the demand by the County. See Attachment D (Proffers 6, 7 and 8 for ZMA 89-23) and E (Current Tax Map 45 Showing Parcels 30, 68D and 69).  The owners also proffered to provide public access to the greenway across Parcel 69.  The owners of the three parcels at the time were River Heights Associates Limited Partnership (Wendell Wood, general partner) and Z & S Development Corporation (Wendell Wood, president).



Goal 3: Develop policies and infrastructure improvements to address the County’s growing needs.



The County did not immediately demand the transfer of the proffered property because it had not finalized the greenway plan for this area.  As the plan was developed, the location of the greenway on these properties was difficult to achieve. 


Between 1990 and 2003, both Parcels 30 and 68D were subdivided and portions were sold off.  A portion of Parcel 68D was acquired by the Commonwealth of Virginia for the proposed Western Bypass.  During this time period, the County identified a need for an improved boat launch facility on the South Fork Rivanna River Reservoir.  This project was included in the CIP and staff sought an appropriate location.


In March 2003, the County Executive and staff met with Wendell Wood and proposed an exchange of approximately 2100 linear feet of the proffered 100-foot greenway across Parcels 30 and 68D for approximately 3.85 additional acres on Parcel 69, which would be used as part of the proposed boat launch facility.  The 3.85 acre portion of Parcel 69 desired by the County, in combination with the proffered 100-foot greenway across Parcel 69, totaled 5.05 acres.  Negotiations have continued to the present.


The proposed “Agreement for Transfer of Real Estate” (the “Agreement”) is the culmination of these negotiations.  The key provision of the Agreement requires that River Heights Associates convey to the County a 5.05 acre lot created from Parcel 69. See Attachment A (Proposed Agreement) and Attachment B (Subdivision Plat for Tax Map 45 Parcel 69).  In addition, River Heights Associates would convey an easement along Parcel 68D’s Rivanna River frontage to serve as a greenway across that parcel. See Attachment C (Plat Showing Greenway Easement). The other key provision of the proposed Agreement provide that the conveyance of the 5.05 acre parcel and the easement to the

County would be deemed to be full satisfaction of Proffers 6, 7 and 8 of ZMA 89-23.  The Agreement requires that the conveyances be completed within 90 days after its execution by the parties.  The Agreement is subject to the approval of the Board of Supervisors.



As part of the Agreement, the County would pay the costs for preparing the deed(s) to accomplish the conveyances, recording costs, and the costs for a title examination and environmental reports.  River Heights Associates would be obligated for all other costs, including recordation taxes, and the costs for surveys and the preparation of the required plats.  The funding for the boat launch facility is not currently included in the CIP, but will be requested in the out years of the next CIP.



Staff recommends that the Board approve the attached Agreement (Attachment A) and authorize the County Executive to execute the Agreement on behalf of the County in the form approved by the County Attorney. 



A – Agreement for Transfer of Real Estate

B – Subdivision Plat for Tax Map 45 Parcel 69

C – Plat Showing Greenway Easement

D – Proffers 6, 7 and 8 for ZMA 89-23   

E – Current Tax Map 45 Showing Parcels 30, 68D and 69

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