HomeMy WebLinkAboutSUB201700201 Agreements 2018-05-10COUNTY OF ALBEMARLE
Department Community Development
Planning Services Division
401 McIntire Road North Wing - Charlottesville, Virginia 229024596
xr,�rnA Phone: (434) 296-5823 - Fax: (434) 972-4035
Transmittal
From: Will Cockrell Date: 05/30/18
JOB #/FILE NAME: SUB -2018-00201
We are sending you the following items: ® Attached or L Under separate cover
❑ Copy of Letter ❑ Prints ® Plans
❑ Plats ❑ Specifications ❑ Other
These are transmitted as checked below:
® For review and comments ® For approval ❑ Other
Remarks: I'm late getting this out - someone put this on the shelf without me seeing it. Any chance we
could have by Friday 6/112018?
Comments are due in Citv View or email by: 06/06/18
0
Tax N3ap/Parcel No.:06500.00.00.05600
Prepared by:
James E. Treakle, Jr., Esq. (VS8#14083)
700 E. High Street
Charlottesville, Virginia 22902
434.979.9000
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement") is made this 22nd day of January, 2018, by THELMA TERRELL,
whose address is: 2060 Mayflower Drive, Woodbridge, Virginia 22192,
and JEWELL MAYSE, who address is: 312 Overview Street, Waynesboro,
Virginia 22980, (hereinafter, the "Declarants"),
W I T N E S S E T H:
WHEREAS, the Declarants are the owners of a parcel of land known
as Albemarle County Tax Map #65, Parcel #55 pursuant to the plat/deed
recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia, in Deed Book 620, page 299; and,
WHEREAS, Tax Map #65, Parcel #55 will be subdivided by the
Declarants into Parcel B-2, containing 2.83 acres, and a Residue
containing 2.09 acres, as shown and described on a plat by Old
Albemarle Surveying, dated October 12, 2017, a copy of which is
attached hereto 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 Parcel B-2 and the Residue shown
on the plat.
NOW, THEREFORE, for and in consideration of the premises and
the undertakings contained herein, the Declarant hereby imposes upon
Parcel B-2 and Residue, a Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a
minimum of 10` wide base of gravel or a superior surface as agreed
to in the future via supplemental declaration, and maintained
perpetuity to substantially the same condition it was in when
approved by the County. The travel -way 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
temporaryweather 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 Parcel B-2 shall be
responsible for ninety-five (95%) percent of the cost of
maintenance, and the Residue, shall be responsible for five (5%)
percent of the cost of the maintenance, and or repair to the
Street, from the
edge of pavement of Street Route 647 to 50' along the 30' private
street. Any further division of Lots 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
undertaker 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 thirty (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 thirty (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, Virginia, 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:
STATE OF:
CITY/COUN
(SEAL)
MInI= I ma +T�crrcl l
(SEAL)
The foregoing instrument was acknowledged before me this
day of Y via 2018, by Thep TerrellZI
r_
Notary._Public
Notary Registration No.:
My commission expires: SI 24 2, 1
I Doh
STATE OF: V lrA Wa.
CITY 0
OF: Nb.-- na-v 6 , to -wit;
The foregoing instrument was acknowledged before me this
day of _ 6w 2018, by Jewell Mayse.
f r
i r
N Pub is
Notary Registration No.:,
My commission expires: KNISf W. HARPER
Notary Public
Cornmenryealth of Virginia
18774$
My Commission Expires Oct 81, 2018