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HomeMy WebLinkAboutSUB201900075 Easements 2019-07-02COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Date: July 2, 2019 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB201900075 Richard P. Palermo — Two Lot Subdivision Date Submitted: May 14, 2019 Dear Mr. Herrick Fax (434) 972-4126 The applicant has prepared and submitted a Private Street Maintenance Agreement for the above named project. Please review this document at your earliest convenience. Thanks, A "Ut Cameron Langille Senior Planner Ext. 3432 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this !°7 of May, 2019 by Timothy L. Kane and Jennifer B. Kane and Richard P. Palermo (hereinafter, the "Declarant"), whose address is 1685 Dudley Mountain Road, Charlottesville, Virginia 22903. WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Tax Map 89, Parcel 63 pursuant to the plat/deed in Deed Book 5117, Page 69; and WHEREAS, Tax Map 89, Parcel 63 will be subdivided by the Declarant into Tracts A & B, containing 7.35 and 21.96 acres respectively, as shown and described on a plat by Roger W. Ray Association, Inc., Land Surveyor, dated April 11, 2019, 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 30 foot private street easement (hereinafter, the "Street") for the use of Tracts A & B shown on the Plat. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Declarant does hereby GRANT and CONVEY unto Tract B the new 30' Private Access Easement for purpose of ingress and egress. The Declarant hereby imposes the following undertakings upon Tracts A and B for maintenance purposes: MINIMUM STANDARD: The Street shall be maintained with a minimum of 10 feet of gravel and maintained in 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 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. COST OF MAINTENANCE: The owners of Tracts A and B shall be equally responsible for the cost of the maintenance of, and or repair to the Street, from its beginning on State Route 706 to the driveway cutoff leading to the dwelling located on Tract A. The owner of Tract A shall be responsible for the cost of the maintenance to, and or repair to the Street from the cutoff of the driveway leading to the dwelling on Tract A to its terminus on Tract B. Any further division of. Tracts A and B shall require the reassessment of cost to be equally shared by all owners using the Pagel of 3 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 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 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 judgement 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 Declaration has caused this Declaration to be executed on its behalf by its duly authorized agent. 4Tiino BY: L. Kane ■ .I�1►1J �.IV • ' COMMONWEALTH OF VIRGINIA CITYICOUNTY OF C The foregoing Declaration was acknowledged before me this 3rawday ofMe�,, 2019 by Timothy L. Kane and Jennifer B. Kane. otary Public My commission expires: C7A&-2,,-erZ-- DONNA MARIE KOONTZ NOTARY PUELIO Page 2 of 3 COMMONMYEALTHOFVIRGINIA W COMMISSION EXPIRES AUO. S1, COMMISSION 8 7801888 BY: Richard P. Palermo COMMONWEALTH O VIRGINIA CITY/COUNTY OF Bin The foregoing Declaration was acknowledged before me this Aof f-- day of May, 2019 by Richard P. Palermo. ,jc?fnm,q Notary Pub4dc \\`\\\`����tti F i �JA4,1. My commission expires: D M F• r FIMSTRATION Mp 0 204726 .MY COMM . EXAlRFS 09/30/�021 •.O VIFt Page 3 of 3