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Home My WebLink AboutSUB201900020 Review Comments Final Plat 2019-07-02Patricia Saternye From: Patricia Saternye Sent: Tuesday, July 02, 2019 1:27 PM To: Bethany Robinson Subject: RE: Soil Report -Robinson Attachments: Robinson Private_Improvement_Maintenance_Agreement 190701 REDLINE.pdf; Robinson Private_Improvement_Maintenance_Agreement 190701 revisions accepted.docx Bethany, As discussed, see attached a PDF showing the redlines from the County Attorney's office and the WORD document with all of the changes already accepted and the reviewing "stopped". You should see that the edits in the redline have been incorporated into the word document. Please note, I left one item RED on the document, and that is the "date" that needs to be replaced by the notary (as mentioned in the email below). I think all you need to do to it is remove the word "DATE", at the very end of the document, before you print the document in order leave it blank for the notary to have a place for their commission expiration date. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org -----Original Message ----- From: Bethany Robinson <tbtlr@embarqmail.com> Sent: Tuesday, July 02, 2019 12:44 PM To: Patricia Saternye <psaternye@albemarle.org> Subject: Re: Soil Report -Robinson Thank you so much! We will get right on this. Bethany Sent from my iPhone > On Jul 2, 2019, at 8:40 AM, Patricia Saternye <psaternye@albemarle.org> wrote: > Attached please find the redline of the private maintenance agreement from the County Attorney's office review. > If you (or your lawyer) follow all of the items redlined exactly then you should be able to execute the document. > If you (or your lawyer) have any questions about the changes, or do not wish to make any the revisions specified, forward me another version so that it can be reviewed again by the County. > Please note (which may be obvious, but just to avoid issues) however that: > * The date of execution must be written or typed in the provided space for the date at the top of the first sheet. > * The date for the notary commission expiring also needs to be properly updated before execution of the document. The word "Date" is just a place holder. > Please let me know if you have any questions. > The process once the documents is fully executed/signed/notarized is to: > *Forward me a PDF of the scanned document. I do not need the original. > *Submit to me 2 or more (the County keeps one) signed and notarized originals of the plat for approval. > *1 will do one more last check, get the signatures of the appropriate County staff, and then I will contact you once the plat is ready for pickup. > *Once the plat is fully signed and approved the maintenance agreement document must be recorded with the plat when the plat is recorded. > *Forward me the recordation receipts for both the plat and the maintenance agreement once they are recorded. > Thanks, > Paty Saternye > Senior Planner > Community Development > Albemarle County > 401 McIntire Road > Charlottesville, VA 22902 > 434-296-5832 ext.3250 > psaternye@albemarle.org > www.albemarle.org > -----Original Message----- • From: Bethany Robinson <tbtlr@embarqmail.com> > Sent: Monday, July 01, 2019 12:17 PM > To: Patricia Saternye <psaternye@albemarle.org> > Subject: Re: Soil Report -Robinson > Thank you, Paty. > We look forward to hearing from you soon regarding the maintenance agreement. > Bethany > Sent from my iPhone >> On Jul 1, 2019, at 9:17 AM, Patricia Saternye <psaternye@albemarle.org> wrote: >> Bethany, >> Attached please see the VDH approval letter for the drainfields. >> The only thing outstanding at this point is the maintenance agreement. >> I have looked the draft document over and forwarded it to the County Attorney's office for review. >> I will let you know once I have the County Attorney's office comments or approval. >> Thanks, >> Paty Saternye >> Senior Planner >> Community Development 4 >> Albemarle County >> 401 McIntire Road >> Charlottesville, VA 22902 >> 434-296-5832 ext.3250 >> psaternye@albemarle.org >> www.albemarle.org >> -----Original Message ----- >> From: Bethany Robinson <tbtlr@embarqmail.com> >> Sent: Friday, June 28, 2019 12:45 PM >> To: Patricia Saternye <psaternye@albemarle.org> >> Subject: Soil Report -Robinson >> Dear Paty, >> I am on my way to C'ville in just a bit, delivering the copies of the soil report as requested (to you and to the health dept.) Bethany >> Sent from my iPhone >> <Robinson Approval Letter (TM 57-40A).pdf> > <Robinson Private_Improvement_Maintenance_Agreement 190701.docx> 3 Prepared by Richard E. Carter VSB 12325 Albemarle County Parcel ID 05700-00-00-040AQJ-7-4 PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this day of July, 2019, by T. E. ROBINSON and BETHANY W. ROBINSON (hereinafter, the "Declarants"), whose address is 4471 Rockfish Gap Turnpike, Charlottesville, VA 22903_ WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle County Parcel ID #57 40z05700-00-00-040AO; and WHEREAS, Albemarle County Parcel ID 05700-00-00-040A0#57 40A is being subdivided by the Declarants into two Lots, as shown and described on a plat by Commonwealth Land Surveying LLC, dated January 18, 2019, and revised May 30, 2019, a copy of which is attached hereto and incorporated herein by reference (hereinafter, the "Plat"); and WHEREAS, the access easement shown on the Plat as "New 20' Shared Access Easement" is to be a new easement 20—=foot wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of both Lots shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarants hereby imposes the following obligations upon the Lots shown non said Plat: 1. MINIMUM STANDARD: The Street 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: the street will be eens*,.,,e ith a ten foot wide gravel or a superior surface as agreed to in the future via supplemental declaration... 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. DEFINITIONS: 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. 3. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction, maintenance or repair shall be undertaken only with the mutual consent 1 of all owners, provided that in the event that (a) one or more 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 (b) such owner(s) give(s) 30 days prior written notice to all other owners using the Street, such owner(s) may commence or contract to bring the Street to the minimum standard, and the resulting costs shall be the responsibility of all owners using the Street. 4. DEFAULTING OWNER: If any ownerLss) failf sA to pay their proportionate share of the costs of maintenance or repair for which they are 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 of law against each defaulting parcel owners 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 to secure the payment of any defaulting parcel owners' proportional share of maintenance or repair. The amount due by any delinquent owner(s) will bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance. The delinquent owners shall be liable for all costs of collection, including reasonable attorney's fees. 5. COST OF MAINTENANCE: The owners of the two Lots shall be equally responsible for the cost of the maintenance of and/or repair to the Street4omrthe —art entire en the pla4 as NEW ' ACCESS EASEMENT. Any further division of die -either or both Lots shall require the reassessment of cost to be equally shared by all owners using the Street. 6. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. IN WITNESS WHEREOF, the Declarant(s) lass/have e-a-ltsed executed this Declaration t be o „te o his/,edits/their- behalf by his/,er4its4heir- daily attd,or-izzoa agent- Fnbxa T.E. Robinson B-� Bethany W. Robinson STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing Declaration was acknowledged before me this day of , 20 , by T.E. Robinson and Bethany W. Robinson. Notary Public My commission expires: DATE Prepared by Richard E. Carter VSB 12325 Albemarle County Parcel ID 05700-00-00-040A0 PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this day of July, 2019, by T. E. ROBINSON and BETHANY W. ROBINSON (hereinafter, the "Declarants"), whose address is 4471 Rockfish Gap Turnpike, Charlottesville, VA 22903. WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle County Parcel ID 05700-00-00-040A0; and WHEREAS, Albemarle County Parcel ID 05700-00-00-040A0 is being subdivided by the Declarants into two Lots, as shown and described on a plat by Commonwealth Land Surveying LLC, dated January 18, 2019, and revised May 30, 2019, a copy of which is attached hereto and incorporated herein by reference (hereinafter, the "Plat"); and WHEREAS, the access easement shown on the Plat as "New 20' Shared Access Easement" is to be a new 20-foot wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of both Lots shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarants hereby impose the following obligations upon the Lots shown on said Plat: 1. MINIMUM STANDARD: The Street 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: with a ten foot wide gravel or a superior surface as agreed to in the future via supplemental declaration. 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. DEFINITIONS: 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. 3. 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 (a) one or more 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 (b) such 1 owner(s) give(s) 30 days prior written notice to all other owners using the Street, such owner(s) may commence or contract to bring the Street to the minimum standard, and the resulting costs shall be the responsibility of all owners using the Street. 4. DEFAULTING OWNER: If any owner(s) fail(s) to pay their proportionate share of the costs of maintenance or repair for which they are 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 of law against each defaulting parcel owners 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 to secure the payment of any defaulting parcel owners' proportional share of maintenance or repair. The amount due by any delinquent owner(s) will bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance. The delinquent owners shall be liable for all costs of collection, including reasonable attorney's fees. 5. COST OF MAINTENANCE: The owners of the two Lots shall be equally responsible for the cost of the maintenance of and/or repair to the Street. Any further division of either or both Lots shall require the reassessment of cost to be equally shared by all owners using the Street. 6. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. IN WITNESS WHEREOF, the Declarants have executed this Declaration. T.E. Robinson Bethany W. Robinson STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing Declaration was acknowledged before me this day of , 20 , by T.E. Robinson and Bethany W. Robinson. Notary Public My commission expires: DATE