HomeMy WebLinkAboutSUB201900011 Agreements Private road request 2019-02-25 '—WglfrairMa'�yrmNnflil.esi�+wG[Kilrs+gpY! - .-w.,.s.n. _ _..
Prepared by•Royer Caramanis,PLC
Russell N.Kruse,VSB#78711
200-C Garrett Street
Charlottesville,VA 22902
434-260-8767
Title Insurance Underwriter unknown to the preparer.
Albemarle County Tax Map 10000-00-00-017A4, 10000-00-00-017A7, 10000-00-00-017A8
DECLARATION OF PRIVATE ROAD MAINTENANCE AGREEMENT
The PRIVATE ROAD MAINTENANCE AGREEMENT(hereinafter,the
"Agreement") is made this 25th day of February, 2019, by and between JED R.
HANNAY and JULIE J. HANNAY,husband and wife, (hereinafter,the "Hannays"),
whose address is 3130 Old Lynchburg Road,North Garden, VA 22959 and JOHN M.
THACKSTON ("Thackston") (the Hannays and Thackston collectively referred to
herein as the "Declarant"), whose address is 3136 Old Lynchburg Road,North Garden,
VA 22959.
WHEREAS,the Hannays are the owner of a parcel of land known as Albemarle
County Tax Map 100 Parcel 17A4 pursuant to the deed from John M. Thackston
recorded in the Clerk's Office of the Circuit Court of Albemarle, Virginia, in Deed Book
4422, Page 271 (the "Hannay Parcel"); and
WHEREAS,prior to the recordation of a Certificate of Plat dated October 7,2009
and recorded on the same date in the Clerk's Office of the aforesaid Court in Deed Book
3806, Page 9, the Hannay Parcel also contained the two parcels of land currently owned
by John M. Thackston, known respectively as Albemarle County Tax Map 100, Parcels
17A7 and 17A8 (the "Thackston Parcels").
WHEREAS, the Hannays have granted an access and underground utility
easement over the Hannay Parcel to the Thackston Parcels as shown on the plat attached
to the Deed of Easement, recorded immediately prior hereto, said plat by Brian S. Ray,
Land Surveyor, of Roger W. Ray&Assoc., Inc., dated September 7, 2018, last updated
January 25, 2019, entitled "Easement Plat Showing New 20'Private Street and
Underground Utility Easement on T.M.100-17A4 & T.M. 100-17A7 to Serve T.M. 100-
17A7& T.M. 100-17A8 Located on State Route 631 (Old Lynchburg Road)About One
Mile Northeast of South Garden Samuel Miller Magisterial District Albemarle County,
Virginia", a copy of which is also attached hereto and made part of this Agreement
(hereinafter, the "Plat"); and
WHEREAS,the access and underground utility easement shown on the Plat will
be a new or existing Private Road Easement 20 feet wide for a non-exclusive ingress and
egress and underground utility easement(hereinafter, the "Road")for the use and benefit
of the Thackston Parcels shown on the Plat;
WHEREAS, the Road will also provide non-exclusive ingress and egress and
underground utility easement for the use and benefit of the Thackston parcel designated
as Albemarle County Tax Map 100, Parcel 17A8 (the "Dominant Thackston Parcel"),
Page 1 of 5
over, under, and through the Thackston Parcel designated as Albemarle County Tax Map
100, Parcel 17A7 (the "Subservient Thackston Parcel");
NOW, THEREFORE, for and in consideration of the premises, good and valuable
consideration the receipt and sufficiency of which is acknowledged by the partiers hereto,
and the undertakings contained herein,the Declarant hereby imposes upon the Declarant
Parcel and the Subservient Thackston Parcel, a Road to be maintained as follows:
MINIMUM STANDARD: The Road shall be maintained in perpetuity to a standard that,
at a minimum, ensures that it will remain in substantially the same condition it was in
when approved by the County, including the erosion control and stormwater management
measures shown on the plan by Scott R. Collins, P.E.. of Collins Engineering, entitled
"Thackston Driveway (Old Lynchburg Road)Esc Plan", last revised September 19, 2018,
a copy of which is recorded herewith. 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 to the Road and
associated improvements including the erosion control measures required by the County
at the time of approval and execution of this Declaration.
COST OF MAINTENANCE: The owners of the two parcels designated herein as the
Thackston Parcels shall be equally responsible for the cost of the maintenance of, and or
repair to the Road, from its inception at Old Lynchburg Road to the point the Road
exits the Hannay Parcel. The owner of the Dominant Thackston Parcel shall be solely
responsible for any part of the Road solely on the Dominant Thackston Parcel. Any
further division of either or both of the Thackston Parcels shall require the reassessment
of cost to be equally shared by all owners using the Road. 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 Road, any further
construction,maintenance or repair shall be undertaken only with the mutual consent of
the Hannays and all owners of the Thackston Parcels,provided that in the event that one
of the owners determines that the Road 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
Road, such owner may commence or contract for minimum amount of maintenance or
repair necessary to bring the Road to the minimum standard set forth herein and the
charges therefore shall be the responsibility of all owners using the Road.
Page 2 of 5
DEFAULTING OWNER(S): If any owner shall fail to pay his/her/its proportionate share
of the costs of maintenance or repair for which he/she/it is responsible, as provided
hereinabove, any other owner not in default, 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/its
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.
LIABILITY: No owner of Thackston Parcels shall have any claim or cause of action
against the Hannays, or their licensees or successors arising out of damage, loss or injury
occasioned to persons or property occurring from the use of the Road.
INDEMNIFICATION: The owners of Thackston Parcels shall be fully responsible and
shall indemnify and save harmless the Hannays from and on account of any liability,
damage, loss or injury occasioned to persons or property upon the premises of the Road
and easement, and for which or to whom damages may arise out of, or happening in
connection with the operation, use, and maintenance of the Road, including drainage and
erosion, without reference to cause.
This Agreement shall be construed, interpreted, and applied according to the laws
of the Commonwealth of Virginia, and shall be binding upon and shall inure to the benefit
of the heirs, personal representatives, successors and assigns of the parties hereto. All
rights, obligations, and easements contained herein shall run with the land and be
appurtenant thereto.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
COUNTERPART SIGNATURE PAGES TO FOLLOW.
Page 3 of 5
[SIGNATURE PAGE TO DECLARATION OF
PRIVATE ROAD MAINTENANCE AGREEMENT]
IN WITNESS WHEREOF, the Jed R. Hannay and Julie J. Hannay and John M.
Thackston have caused this Declaration to be executed.
BY:
R. HANN
BY:
LI J. HANNAY
COMMONWEALTH OF VIRGINIA
E WCOUNTY OF 144,61nA4 , to-wit:
The foregoing Declaration was
acknowledged before me this et8 day of February, 2019, by Jed R. Hannay and Julie
J. Hannay.
L 4 otary Public
My commission expires: Q)30/A0a,� �```���NpOLYI��''�i
My commission number: ysy ��
e4i •.(24
;REGISTRATION NO
187571 _
;MY COMM.EXPIRES.
09/30/2022
"11111I11111 O
Page 4 of 5
[SIGNATURE PAGE TO DECLARATION OF
PRIVATE ROAD MAINTENANCE AGREEMENT]
BY: �.
4 OHN M. THACKSTON
COMMONWEALTH OF VIRGINIA
CRY/COUNTY OF I te,MA./2-1 E , to-wit:
The foregoing Declaration was
acknowledged before me this ZS. day of February, 2019, by John M. Thackston.
AL4 t' ubli c
My commission expires: 9-30-A 0AA
My commission number: /$'S7 I ��` pOLY •//,,i,�
�ONbVFq��y
REGISTRATION NO.
187571
t MY COMM.EXPIRES;
09/30/2022
oh'Ai RYI P,V����`
Page 5 of 5
FIRST AMENDMENT TO AGREEMENT DATED MAY 24,2018
THIS FIRST AMENDMENT dated February 25, 2019 (the "Amendment") to the
Agreement dated May 24, 2018 by and between John M. Thackston("Thackston"), an individual
who owns two parcels (Albemarle County TMP10000-00-00-017A7, 10000-00-00-017A8)
located at 3136 Old Lynchburg Road,North Garden,Virginia, and Jed and Julie Hannay(the
"Hannays") (Thackston and the Hannays collectively referred to herein as the"Parties"),
husband and wife, who own a parcel of land (Albemarle County TMP10000-00-00-017A4)
located at 3130 Old Lynchburg Road,North Garden,Virginia(the "Agreement"), a copy of
which is attached hereto as Exhibit A.
RECITALS
WHEREAS, Thackston and the Hannays wish to enter to execute this Amendment to the
Agreement to memorialize new or updated terms as set forth herein that have been agreed to
between the Parties prior to the execution of this Amendment.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties agree as
follows:
1. In addition to those funds already received from Thackston, Thackston agrees to
pay the Hannays FORTY THOUSAND DOLLARS and 00/100 ($40,000.00)by wire at the
closing on the property located at 3136 Old Lynchburg Road, North Garden, Virginia(the
"Thackston Closing"), which shall occur as soon as reasonably possible, in exchange for the
Hannays providing signed and notarized originals of the Deed of Easement, in the form of the
copy attached hereto as Exhibit B, and the Road Maintenance Agreement, in the form of the
copy attached hereto as Exhibit C. The Hannays agree to provide the signed and notarized
originals set forth in this paragraph at least forty-eight(48)hours prior to the Thackston Closing,
provided they are given adequate notice of the date and time of the same. The Hannays agree to
provide wiring information to Closure title and Settlement Company so that they may receive
their aforementioned funds from the Thackston Closing.
2. Thackston agrees to pay the recording costs at the time of the Thackston Closing
to have the Deed of Easement and Road Maintenance Agreement recorded along with any
documents from said Thackston Closing being put to record.
3. Thackston has agreed to, weather allowing, complete the final erosion control
measures necessary for approval of the driveway referenced in the Deed of Easement, or to
obtain a bond to complete the same, such that the County of Albemarle will issue all approvals
necessary before the Thackston Closing. If Thackston obtains the bond specified herein so that
the County of Albemarle will issue all approvals necessary for the Thackston Closing to occur,
Page 1 of 2
Thackston agrees to have his agents or contractors complete the remaining work as soon as
schedules and weather will reasonably allow.
4. Thackston agrees to pay the costs of construction and all associated work due and
owing to Roger W. Ray&Assoc., Inc. (up to $7,000.00) and Digs, Inc. out of the proceeds of
the Thackston Closing.
Unless specifically amended herein,the terms of the Agreement remain in effect. In the
event of a conflict between this Amendment and the Agreement,this Amendment shall be
controlling.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first written above.
HN M. THACKSTON
(seal)
NNAY
(seal)
I HANNAY
Page 2 of 2