HomeMy WebLinkAboutSUB201900020 Agreements 2019-07-12Prepared 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 aNay 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:
I. 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
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
AhaN2&2a)6A,�-7aO
Betha W. Robinson
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OFLA Ib�LL, , to -wit:
The fo egoing Declaration was
acknowledged before me this day of (l , 20/, by T.E. Robinson and
Bethany W. Robinson.
Notary Public
My commission expires: /Z,%1120 20
1 KAREN FICKLING
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DEC. 31, 2020
COMMISSION M 7074818