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Home My WebLink AboutWPO201200083 Agreements WPO VSMP 2013-06-24 PREPARED BY: Collison F.Royer,Esq.(VSB 65893),Royer Caramanis&McDonough,PLC 200-C Garrett St. Charlottesville,Virginia 22902 TAX MAP NOs.: 89-73G5 and 89-73G6 Name of Title Insurance Underwriter for Instrument: Unknown to Preparer 1l THIS EASEMENT AND ROAD MAINTENANCE AGREEMENT is made thisZ day of June, 2013, by and between PIEDMONT NEIGHBORHOODS LP, a Virginia limited partnership, with an address of 11111 Sunset Hills Road, Suite 200, Reston, VA 20190 ("Piedmont"), Grantee and Grantor, party of the first part, and JESSCO,LLC,a Virginia limited liability company,with an address of P.O.Box 9035,Charlottesville,VA 22906("Jessco"),Grantee and Grantor, party of the second part. WITNESSETH : WHEREAS, Piedmont is the fee simple owner of Lot 36, Mountain Valley Subdivision, Albemarle County,more commonly known as Albemarle County Tax Map Parcel 89-73G5,which is a portion of the property conveyed to Piedmont by way of that certain deed from Piedmont Realty& Construction, LLC, a Virginia limited liability company, dated February 6, 2013, and recorded February 11, 2013, in the Clerk's Office of the Circuit Court of the County of Albemarle,Virginia (the "Clerk's Office"), in Deed Book 4301,page 223 (the"Piedmont Property"). WHEREAS, Jessco is the fee simple owner of Lot 37, Mountain Valley Subdivision, Albemarle County, Virginia, more commonly known as Albemarle County Tax Map Parcel 89- 73G6, which is a portion of the property conveyed to Jessco by way of that certain deed in lieu of foreclosure from Evergreen Land Company, a Virginia corporation, dated March 29, 2012, and recorded March 30,2012,in the Clerk's Office in Deed Book 4153,page 81 (the"Jessco Property"). WHEREAS,Piedmont and Jessco wish to grant each other an access easement across their {#14944-2,113501-00001-03} respective parcels to accommodate access to the Piedmont Property and the Jessco Property,and they desire to enter into an agreement to provide for the maintenance, repair, and upkeep of the access easement. NOW, THEREFORE, for the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Piedmont hereby grants,bargains sells and conveys to Jessco,its successors and assigns,and Jessco grants, bargains, sells and conveys to Piedmont, its successors and assigns, a permanent, non- exclusive access easement over and across that certain "New 30' Private Access Easement" (the "Road") as the same is shown on that certain plat entitled "Plat Showing 30' Private Access Easement Lots 36 and 37 Mountain Valley Subdivision Samuel Miller Magisterial District Albemarle County, Virginia" dated March 26, 2013, prepared by Roudabush, Gale & Associates, Inc., Engineers, Surveyors and Land Planners, attached hereto and incorporated herein by this reference. This conveyance is otherwise made subject to any easements,reservations,restrictions and conditions contained in duly recorded deeds,plats, and other instruments constituting constructive notice in the chain of title to any of the Piedmont Property or the Jessco Property which have not expired by a time limitation contained therein or have not otherwise become ineffective. Further, in consideration of the premises and mutual covenants provided herein,the parties agree as follows: 1. Subject to the provisions of Paragraph 5 relating to abandonment of use of the Road, the parties hereby agree on behalf of themselves,their heirs,personal representatives,successors, and assigns, to maintain and repair the Road so that it is in good and safe condition in (#14944-2, 113501-00001-03) 2 accordance with standards set forth herein. The parties hereby agree to share in the cost of such maintenance and repair equally, regardless of the size of either party's property or distance traveled over the Road; provided, however, that neither party hereto shall be responsible for the maintenance to that part of the Road which constitutes a driveway leading to the primary residence on either property. 2. For the purposes of this instrument, "maintenance"includes the maintenance of the private streets or alleys, and all curbs,curbs and gutters, drainage facilities, utilities, dams,bridges and other private street improvements,and the prompt removal of snow,water,debris,or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. This shall include, but not be limited to,performing any and all other necessary work required to maintain the Road in a condition that will allow for reasonable and safe access of standard passenger vehicles. The Road shall be maintained with a minimum of 16 feet crushed gravel surface, and maintained in perpetuity to substantially the same condition it was in when approved by the County. 3. There shall be no obligation on the undersigned to upgrade the Road to a superior condition than exists on the date hereof unless a majority of the parties obligated hereunder to maintain the road agree to such upgrade in writing; provided, however, that any party shall have the right to upgrade the Road to a superior condition at such party's sole expense. 4. Each party hereby grants to the other parties hereto a temporary construction easement across {#14944-2, 113501-00001-03} 3 the lot owned by such party for the purpose of maintaining,repairing,or upgrading the Road as provided in this agreement. 5. If the right to use a portion of the Road for the benefit of a party's lot is forever abandoned in writing by such party and the said party's lot is not otherwise land-locked,that party shall not be required to share in the cost of maintenance and repair of the Road. In order to abandon such right of use, a party shall personally deliver or mail by certified mail to all of the then lot owners of record having rights of use of the privately maintained portion of the Road, at each owner's last known address, a written declaration of abandonment, and shall record such declaration in the Clerk's Office. 6. After the initial construction of the Road, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Road is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Road,such owner may commence or contract for maintenance or repair to bring the Road to the minimum standard and the charges therefore shall be the responsibility of all owners using the Road. 7. There shall be a continuing lien upon each lot having the right to use the Road to secure the payment of charges for maintenance and repair herein provided for,but such liens shall be at all times subject to any first or second deeds of trust placed on the lot until notice of such lien shall have been recorded. If the pro rata share of the cost of maintenance or repairs due hereunder is not paid by the owner of a lot when due, notice of such nonpayment may be (#14944-2, 113501-00001-03) 4 recorded by the parties or by the person or entity providing such maintenance or repairs in the Clerk's Office, and from the time of such recordation, the amount stated in the notice, together with interest,costs,and reasonable attorneys' fees,shall become a lien prior to any deeds of trust recorded subsequently to the recording of such notice. 8. The easements,agreements and covenants set forth in this road maintenance agreement shall run with the land owned by each of the parties hereto and shall be binding on the heirs, personal representatives, successors, and assigns of the parties hereto. 9. The Road which is the subject of this maintenance agreement is not dedicated to public use. No public agency, including the Virginia Department of Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any improvement identified herein. 10. This road maintenance agreement contains the entire agreement between the parties hereto and shall be construed and interpreted according to the laws of the Commonwealth of Virginia. [Signatures follow on the next page.] [#14944-2, 113501-00001-03) 5 WITNESS the following duly authorized signatures. PIEDMONT NEIGHBORHOODS LP, a Virginia limited partnership By: SM Pie•mont, LLC, a Virginia limited liability company, i General Partner 6. By: Anal Andre '• 4Ir arth, Vice President for the Southern ' ;gion • i ' . •NWEALTH OF VIRGINIA CITY/C'd LINTY OF Ob,00}11.4,,91A. , to-wit: The foregoing instrument was acknowledged before me this P14‘ day of , 2013, by C,\\--ovor 4 , U „Qasj - io.' So‘..Vherr, 4c^ of SM Piedmont LLC,a Virginia limited liability company,General Partner of Piedmont Neighborhoods LP, a Virginia limited partnership, on its behalf. Notary Public My commission expires: S ,2\/I b Collison F.Royce Notary registration number: l5 3 S 115 Notar f Registration No.7535715 Notary Public Commonwealth of Virginia My Commission Expires: May 31,2016 {414944-2, 113501-00001-03) 6 JESSCO,LLC, a Virginia limited liability company By: N. d , Its: /We Lt COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,-/Aay7-,4-44 ,to-wit: The foregoing instrument was acknowledged before me this . )YA day of �LC n e 2013, by Y4 n-,c1 G• sic 11N c.S2 of Jessco, LLC,a Virginia limited liability company,on its behalf /v/ Notary Public 1/'�''�, My commission expires: /v. / 3 1 j 2 ,/3. .�`�\\c,YN •H F• <>0� ONwFgIiF Notary registration number: ?53 J'3 ;\ 0" y.<0 :REGISTRATION NO.'•� 22. O: 252832 :O _ '•MY COMM.EXPIRES. 10/31/2013 014944-2, 113501-00001-03) 7