HomeMy WebLinkAboutSUB201800010 Easements 2018-02-26This Document Prepared by Mary -Susan Payne, Esquire
1800 Diary Road, Charlottesville, Virginia 22903
Virginia State Bar #23512
Tax Map #01900-00-00-016B1
This EASEMENT and PRIVATE ROAD MAINTENANCE AGREEMENT
(hereinafter, the "Agreement") is made this day ?.& of February, 2018, by EDWARD
SCOTT PHILKILL and DEBRA L. PHILKI(LL (hereinafter, the "Declarants"), whose
address is 563 Buck Mountain Road, Earlysville, Virginia 22936.
WHEREAS, the Declarants are the owners of certain lots or parcels of land lying and
being situate in the County of Albemarle, Virginia, known as Lots 1 and 2, containing 5.16
acres and 2.84 acres respectively, as shown and described on a plat by Roger W. Ray &
Associates, Inc., dated January 5, 2018, a copy of which is hereto attached and made part of
this Agreement (hereinafter, the "Plat"); and
WHEREAS, the Declarants wish to create an Easement and Road Maintenance
Agreement for the benefit of the Owners of Lot 2 as shown on survey of Roger W. Ray &
Associates, Inc., dated January 5, 2018 attached hereto and recorded herewith;
NOW, THEREFORE, for and in consideration of the premises and the sum of Ten and
No/ 100 Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the
receipt of which is hereby acknowledged, the Declarants do hereby grant and convey with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto themselves, their
successors and assigns, an exclusive driveway easement for vehicular ingress and egress, as
well as repair and maintenance for Lot 2.
The Declarants declare and covenant as follows:
(1) The easement herein granted herein is intended to provide a thirty feet (30') and
variable private road for the exclusive use of the Owners of Lots 1 and 2.
(2) The easement shall be perpetual, appurtenant to and run with the land and be for
the exclusive benefit of the Owners of Lots 1 and 2, and their successors and assigns in interest.
(3) The easement shall be commonly maintained sufficient for emergency vehicles
and typical passenger vehicles to pass at all times. Repair and maintenance (collectively referred
to herein as "Maintenance") of the roadway within the Easement shall include, but not be limited
to, repairing the road surface, adding stone, clearing obstructions, grading or scraping the road as
necessary, cleaning or re -cutting ditches as necessary, trimming brush along the roadside,
removing snow, unplugging or opening culverts or drainpipes, and performing any and all other
necessary maintenance required to maintain the road in a condition that will allow for reasonable
and safe access of standard passenger vehicles.
(4) Any maintenance shall be performed when the owners of the said lots shall so agree
in writing, and the cost of such maintenance shall be shared equally.
(5) At such times as when the Owners of one of the two lots are obligated to pay for the
cost of the construction of any improvement, any maintenance or any repairs to the easement or
any improvement, each Owner so obligated shall pay the person or corporation performing such
construction, maintenance or repairs that Owner's share of the costs thereof as required by this
Declaration, within 30 days after a bill for such services has been submitted by the person or
corporation performing such services. If the amounts so due are not paid with said time period,
then any Owner paying its share of such costs (or if only one Owner is obligated to pay such
costs, then any other Owner) may bring an action at law against the defaulting Owner and may
record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against
the defaulting Owner for that Owner's share of said costs. Costs, interest at the judgment rate
and reasonable attorneys' fees shall be added to the amount of such charge for which said
defaulting Owner is liable.
(6) Each Owner arranging for or contracting for the construction, maintenance or repair
of any of the improvements shall keep and maintain, at a location within the Commonwealth of
Virginia, complete and accurate records of the costs of such construction, maintenance or repair.
Each Owner required to pay a share or all of such costs shall have the right to review and copy
such records relating to such work at the cost of the reviewing Owner.
(7) No Owner shall allow any person to block the easement or any of the improvements
and each Owner hereby authorizes each other Owner, acting alone or with any other Owner, to
arrange for the towing or other removal (at the expense of the owner of the vehicle or other item)
of any vehicle or other item violating this paragraph.
(8) No public agency, including the Virginia department of Transportation or County of
Albemarle, Virginia, shalI be responsible for maintaining any improvement identified herein.
This easement in no way amends or vacates the easement previously granted to Centel
Telephone Company of Virginia, recorded in the Clerk's Office of the Circuit Court of
Albemarle County in Deed Book 679, page 548.
WITNESS the following signatures and seals:
,15; ,44,IA4. L 1/ _(SEAL)
Edward Scott Philkill
INt (SEAL)
Debra L. Philkill
STATE OF VIRGINIA &L,5M,4Ae-
.EPP`TCOUNTYOF , to -wit:
The foregoing Declaration of Easement and Road Maintenance Agreement was
acknowledged before me this ZIP day of ;amwy, 2018 by Edward Scott Philkill and Debra
L. Philkill. rw
My Commission expires:
Notary Number: 19016.11
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COUNTY OF ALBEMARLE tz0WN
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone 434 296-3088 Fax 434 972-4126
Date: February 22, 2018
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB2018-10 PHILKILL— Final Subdivision Plat
Date Submitted: 1/17/2018
John:
Attached is the rc%risc,d version of the private street access easement and maintenance agreement
for a final subdivision plat referenced above for review and approval. Let me know if you have
any questions.
Thank you,
Faruk Hesenjan
On-call County Planner
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COUNTY OF ALBEMARLE viiat�
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone 434 296-3088 Fax (434) 972-4126
Date: February 15, 2018
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB2018-10 PHILKILL— Final Subdivision Plat
Date Submitted: 1/17/2018
Mr. Blair:
Attached is a private street access easement and maintenance agreement for a final subdivision
plat referenced above for review and approval. Let me know if you have any questions.
Thank you,
Faruk Hesenjan
On-call County Planner