HomeMy WebLinkAboutSUB201800031 Agreements 2018-06-22fg,
F A 4 kil lk
COUNTY OF ALBEMARLE vx�t��
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone (434) 296-3088 Fax 434 972-4126
Date: June 22, 2018
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB2018-31 Dorsey- Subdivision Plat
Date Submitted: 02/20/2018
Mr. Blair:
Attached is a private street access easement and maintenance agreement for a subdivision plat
referenced above for review and approval. Let me know if you have any questions.
Thank you,
Faruk Hesenjan
On -call County Planner
Tax Map Nos.: 00940-00-00-021 KO (Revised)
After Recording Return To:
Skeen Law Offices Prepared By: Skeen Law Offices
258 East High Street .Phone: (434) 293-9664
Charlottesville, VA 22902 Title Instuance: N/A
DECLARATION
THIS DECLARATION OF ROAD MAINTENANCE is made this day of
2018, by JAMES E. SKEEN, TRUSTEE OF THE WILLIAM H. DORSEY LAND TRUST,
(the "Declarant).
WITNESSETH:
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County
Tax Map 94, Parcel 21 K pursuant to the plat captioned "The Boundary Line Adjustment Plat
Revised T.M. 94-21K and Revised T.M. 94-21K1, The Properties of James E. Skeen, Trustee for
the William H. Dorsey Land Trust Located on U.S. Route 250 (Richmond Road) Near Boyd
Tavern, Scottsville Magisterial District, Albemarle County, 'Virginia;
WHEREAS, Tax Map 94 Parcel 2 1 K will be subdivided by the Declarant into Lots A and
B, containing 36.97 and 14A6 acres respectively, as shown and described on a plat captioned
"Subdivision Plat Lot A & Lot B a division of Tax Map 94 Parcel 21K The Property of James E.
Skeen, Trustee for The William H. Dorsey Land Trust also New 50' Private Street Easement
located on U.S. Route 250 (Richmond Road) near Boyd Tavern, Scottsville Magisterial District,
Albemarle County, Virginia" by Roger W. Ray & Assoc., Inc. dated February 5, 2018, 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 50 Feet Wide non-
1
exclusive ingress and egress easement (hereinafter, the "Roadway") for the use and benefit of
Dots A and B shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby imposes upon Lots A and B a Roadway to be maintained
as follows:
1. Minimum Standard. The Roadway shall be maintained with a minimum
Twenty feet (20') 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.
2. 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, darns, 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.
3. Cost of Maintenance. The owners of Lots A and B shall be equally responsible
for the cost of the maintenance of, and or repair to the Roadway. Any further division of Lots A
and B shall require the reassessment of cost to be equally shared by all owners using the
Roadway. No public agency, including the Virginia Department of Transportation and the
2
County of Albemarle, Virginia, will be responsible for maintaining any improvement identified
herein.
4. When to AlikTntain. After the initial construction of the Roadway, 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 Roadway 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 Roadway, such owner may commence or contract for maintenance or
repair to bring the Roadway to the minimum standard and the charges therefore shall be the
responsibility of all owners using the Roadway.
5. Defaulting Ownerfs). 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 aitorney's fees.
3
b_ El raordinary Damage. If any of the parties (or any social or business invitees
or contractors thereof) who has the right to use the Roadway causes extraordinary damage to any
portion of the Roadway, such party shall promptly cause the damage to be repaired at such
party's sole expense.
7. Binding f'ect. Except as set forth herein, the obligations and benefits set forth
herein shall run with the land and be binding upon the undersigned owners of property served by
the Roadway and the easement, and their heirs, successors and assigns.
WITNESS the following signature and seal.
James E. Skeen, Trustee of the William H. Dorsey
Land Trust
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing Declaration was acknowledged before me on this day of
2018, by James E. Skeen, Trustee of the William H. Dorsey Land Trust.
My commission expires-
Registration/commission no.:
Notary Public
4