HomeMy WebLinkAboutSUB201800151 Agreements 2019-02-22DECLARATION
This PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this
day of ?�-b 2019, by Betty Ragland, Derek Ragland and Rachel Ragland
(hereinafter, the "Declarant"), whose address is 3563 Burnley Station Rd. Barboursville, VA 22923.
WHEREAS, Betty Jane Ragland is the owner of a parcel of land known as Parcel 3D, containing
2.00 acres, as shown on a plat made by Residential Surveying Services, (hereinafter known as "the
Plat") dated May 23, 2018, which is attached and recorded with a deed to Derek Ragland and Rachel
Ragland prior hereto; and
WHEREAS, Derek Ragland and Rachel Ragland are the owners of a parcel of land known as Lot E,
containing 6.62 acres, as shown on the Plat, which they (Derek and Rachel) received by a deed recorded
just prior to this Declaration; and
WHEREAS, the access easement shown on the Plat will be a new or existing 30 feet wide
non-exclusive ingress and egress easement (hereinafter, the 'Street") for the use and benefit of Parcel 3D
and Lot E shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings contained
herein, the Declarant hereby imposes upon Parcel 3D and Lot E a Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained such that it (i) shall not exceed sixteen (16)
percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travel way that is at least ten
(10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is clear of all
obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen
(14) feet in height, and maintained in perpetuity to substantially the same condition it was in when
approved by the County. The travelway shall always 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 and gutters, drainage facilities, utilities, dams, bridges and other private
street improvements, and the prompt removal of snow, water, debris, or any other obstruction 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 3D shall be responsible for the cost of the maintenance
of, and or repair to the Street, from Route 641 to the residence of Parcel 3D. The owner(s) of Lot E shall
be responsible for the cost of the maintenance of, and or repair to the Street, from the end of the Parcel
3D driveway to the end of the Street on Lot E. Any further division of Parcel 3D and Lot E 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 therefor shall be the
responsibility of all owners using the Street
DEFAULTING OWNERS(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 bring an action at law 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 parcels owners to secure the payment of the assessment. The amount due by any delinquent
Owner shall bear interest at the maximum judgement rate provided by law from the date of collection,
including reasonable attorney's fees.
IN WITNESS WHEREOF, the Declarants has caused this Declaration to be executed.
Betty
Rachel Ragland
STATE OF VIRGINIA AT LARGE
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COUNTY OF `'5 ✓i 4= to -wit: The foregoing Declaration was acknowledged before
me this 22md-day of 2019 by Betty Ragland, Derek Ragland and Rachel
Ragland.
NOTARY PUBLIC:
My commission expires:
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