HomeMy WebLinkAboutSUB201700056 Agreements 2017-05-17Prepared by Carroll W. Sullivan
164 Reas Ford Road
Earlysville, Virginia 22936
Albemarle County Tax Map 03100-00-00-014G0
DECLARATION
This PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement") is made this 23rd day of March, 2017, by Carroll W. Sullivan (hereinafter,
the "Declarant"), whose address is 164 Reas Ford Road, Earlysville, Virginia 22936.
WHEREAS, the Declarant(s) is/are the owner(s) of a parcel of land known as Tax
Map 31 Parcel 14G, pursuant to the deed recorded in Deed Book 4674 Page 686 and the
plats recorded in Deed Book 3655 Pages 384 & 385 and Deed Book 4803 pages 165 &
166.
WHEREAS, said Tax Map 31 Parcel 14G will be subdivided by the Declarant
into Lot 1, containing 5.07 acres, and Lot 2, containing 2.50 acres respectively, as shown
and described on a plat by Roger W. Ray & Assoc., Inc., last dated March 21, 2017, a
copy of which is hereto attached and made part of this Agreement (hereinafter, the
"Plat"); and
WHEREAS, the access easement shown on the Plat will be a new 30' wide non-
exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of
Lot 1 and Lot 2 shown on the Plat.
NOW, THEREFORE, and in consideration of the premises and the undertakings
contained herein, the Declarant hereby imposes upon Lot 1 and lot 2 a Street to be
maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 10 foot wide
base of gravel or a superior surface as agreed to in the future via supplemental
declaration, and maintained in perpetuity to substantially the same condition it was in
when approved by the County. 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.
MAINTENANCE: For 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 term "to maintain," or any derivation of that verb, includes the maintenance,
replacement, reconstruction and correction of defects or damage.
COST OF MAINTENANCE: The owner(s) of Lot 1 and Lot 2 shall be equally
responsible for the cost of, the maintenance of, and or repair to the Street, from State
Route 660 to the end of the Private Street Easement as shown on the Plat. Any further
division of Lot 1 or Lot 2 shall require the reassessment of cost to be equally shared by
all owners using of the Street. No public agency, including the Virginia Department
of Transportation and the County of Albemarle, Virginia, will be responsible for
maintaining any improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Street, 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 Street 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 Street, such owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard and the charges
therefore shall be the responsibility of all owners using the Street.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate
share of the costs of maintenance or repair for which he/she is responsible, as provided
hereinabove, any other owner not in default, or the person or corporation performing such
maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay his/her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance; and the
delinquent Owner shall be liable to pay all costs of collection, including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
Carroll W. Sullivan
STATE OF VIRGINIA AT LARGE
BOUNTY OF AA, , to -wit:
The foregoing Declaration was acknowledged before me this -• 1 day of
2017, by Carroll W. Sullivan
Amia&LA/164 1c)
Notary Public #
My commission expires: q
```NN111 a Il I+N�T�,
h`.,`\, �� oriWc '1,i''%�
CJ.Y.b ry•. � 1
REGISTRATION NO. •
187671
'.MY COMM. EXPIRES: —
09l3012018
Ole
,�_'4 101ARYr