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Home My WebLink AboutSUB201900020 Review Comments Final Plat 2019-07-01Andy Herrick From: Andy Herrick Sent: Monday, July 1, 2019 4:26 PM To: Patricia Saternye Cc: James Douglas Subject: RE: SUB2019-20 Robinson final plat - Private Street Maintenance agreement - for review Attachments: Robinson Private -Improvement -Maintenance -Agreement 190701.docx Paty, Please see my attached revisions. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and uotity me that you have received this by mistake. Thank you. From: Patricia Saternye Sent: Thursday, June 27, 2019 11:39 AM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: SUB2019-20 Robinson final plat - Private Street Maintenance agreement - for review Andy, The applicant has submitted the following items for review. • Private Improvement Maintenance Declaration • The most recent plat They have based the document on the recent update of the County's template but have made some minor revisions. Please review and forward any comments to me by July Yd , if that timeframe is reasonable under your current workload. Should you have any questions or comments please feel free to contact me. Thanks, Pair Saternye Senior Planner Community Development e �.y 9TM1� Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye(@albemarle.org www.albemarle.org COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Date: June 27, 2019 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB201900020 Robinson Division - Final Plat Date Submitted: 6/25/19 Dear Mr. Herrick: The applicant has submitted the following items for review. • Private Improvement Maintenance Declaration • The most recent plat They have based the document on the recent update of the County's template but have made some minor revisions. Please review and forward any comments to me by July 31d , if that timeframe is reasonable under your current workload. Should you have any questions or comments please feel free to contact me. Paty/Saternye enio anner County of AKienrffle Department of Community De` 401 McIntire Road Charlottesville, VA 22902 psaternye@albemarle.org (434)296-5832, phone ex.3250 V" U`J`r LJO Prepared byA TTORAWY OR FLRAIRichard E. Carter VSB 12325 Albemarle County Parcel ID 57-40A PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this DAY of uly, 2019, by OMWER4T. E. Robinson and Bethany W. Robinson (hereinafter, the "Peelafa * s)' Declarants"), whose address is . 5 4471 Rockfish Gap turn iikke, Charlottesville, VA 22903 WHEREAS, the De eclarants are the o-Amer{s}owners of a parcel of land known as Albemarle County Parcel ID P ;- 57-40A; and WHEREAS, Albemarle County Parcel ID 1�7114C##57-40A is being subdivided by the Deelafa )Declarants into two Lots # ,., as shown and described on a plat by RXY' -NCommonwealth Land Surveym:g LLC, dated lA-TA-KSanuary 18, 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 is to be a new or eat ng Xcif asement 20 foot wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of all Lots shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Deelamnt(e)Declarants hereby impose(s)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 constructed e. 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(S)i_ If any owner(s fails to pay their proportionate share of the costs of maintenance or repair for which they are responsible, as provided hereinabove, any other owner(s) 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 evme 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 ew eK 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 ewaer(s)owners shall be liable for all costs of collection, including reasonable attorney's fees. 5. COST OF MAINTENANCE: The ewner•(s)owners of the two Lots # shall be equally responsible for the cost of the maintenance of and/or repair to the Street, fromTIOthe area identified on the plat as NEW 20' ACCESS EASEMENT. Any further division of the 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) has/have caused this Declaration to be executed on his/her/its/their behalf by his/her/its/their duly authorized agent. BY: omwm T.E. Robinson BY: 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 OVPWiRT.E. Robinson and Bethany W. Robinson. 2 Notary Public My commission expires: DATE Prepared by Richard E. Carter VSB 12325 Albemarle County Parcel ID 57-40A PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this 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 #57-40A; and WHEREAS, Albemarle County Parcel ID #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, a copy of which is attached hereto and incorporated herein by reference (hereinafter, the "Plat"); and WHEREAS, the access easement shown on the Plat is to be a new easement 20 foot wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of all 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 constructed 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 fails 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, from the area identified on the plat as NEW 20' ACCESS EASEMENT. Any further division of the 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) has/have caused this Declaration to be executed on his/her/its/their behalf by his/her/its/their duly authorized agent. T.E. Robinson BY: Bethany W. Robinson STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing Declaration was acknowledged before me this day of 920 , by T.E. Robinson and Bethany W. Robinson. Notary Public My commission expires: DATE v3vlet PROPERTY STANDING IN THE NAME OF: TMP 57-40A T.E. & BETHANY W. ROBINSON 4471 ROCKFISH GAP TURNPIKE CHARLOTTESVILLE, VIRGINIA 22903 D.B. 4923 PG. 410 D.B. 1591 PG. 579 OWNERS APPROVAL COUNTY OF ALBEMARLE BOARD OF SUPERVISORS DESIGNATED AGENT DATE: THE PLATTING OF THE FOLLOWING DESCRIBED LAND, TMP 57-40A IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. T.E. ROBINSON BETHANY W. ROBINSON COUNTY OF ALBEMARLE STATE OF VIRGINIA. TO WIT: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OI= AS OWNERS, PROPRIETORS AND/OR TRUSTEES, NOTARY PUBLIC MY COMMISSION EXPIRES DATE: DATE: COUNTY OF ALBEMARLE STATE OF VIRGINIA. TO WIT: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF AS OWNERS, PROPRIETORS AND/OR TRUSTEES. NOTARY PUBLIC MY COMMISSION EXPIRES NOTE: THE LAND USE REGULATIONS LISTED HEREIN ARE IMPOSED PERSUANT TO THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT ON THIS DATE AND ARE SHOWN FOR INFORMATION PURPOSES ONLY. THEY ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEN AS SUCH. UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND/OR SEWER WILL NOT BE AVAILABLE TO THIS PROPERTY, TMP 57-40A & LOT 1 EACH CONTAIN A BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE ZONING ORDINANCE. IRON PINS SET/FOUND AT ALL NEW CORNERS, THE PROPERTY SHOWN HEREIN IS LOCATED IN THE SOUTH FORK RIVANNA WATERSHED. THE PROPERTY SHOWN HEREIN IS NOT LOCATED IN AN AGRICULTURAL — FORESTAL DISTRICT. PROPERTY LIES PARTIALLY IN A FEMA DEFINED 100 YEAR FLOOD ZONE AE BUT IS LOCATED MAINLY IN FLOOD ZONE "X" AS SHOWN ON COMMUNITY PANEL No. 51003C 0260D. LOT 1 IS ASSIGNED 1 DEVELOPMENT RIGHT AND MAY NOT BE FURTHER DIVIDED. THE RESIDUE OF TMP 57-40A IS RETAINING 1 DEVELOPMENT RIGHT AND MAY NOT BE FURTHER DIVIDED. PROPERTY IS ZONED: RA THE MAINTENENCE OF THE SHARED DRIVEWAY SHOWN ON THIS PLAT SHALL BE BY THE OWNERS OF THE LOTS AFFECTED BY THE SHARED DRIVEWAY EASEMENT, NOT BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF ALBEMARLE. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. LOT 1 AND THE RESIDUE OF TMP 57-40A SHALL HAVE ACCESS ONLY OVER THE SHARED DRIVEWAY EASEMENT AND SHALL HAVE NO IMMEDIATE ACCESS ON THE PUBLIC STREET. y,PgF,y � GgpOWNS de`d 0 yA qO r+,'w V C. STEVE BARRETT D o LiC. No. 2025 R 0 SUR�E��ti •• 0000#4444%k DIVISION SURVEY SHOWING TMP 57-40A CREATING LOT g ALBEMARLE COUNTY. VIRGINIA ° SCALE: i' = 100' JANUARY i8, 20i9 REVISED: MAY 30, 2019 0 -x VICINITY MAP — 1--2000' SHEET 1 OF 2 CO"ONN��.I.0 t' 4 � LAND F; SuRvFmc'v LLC, 1484 GREENBRIER PLACE CHARLOTTESVILLE VIRGINIA 22901 PH. 434-973-0513 mm,F-j 250 l 6 0v4lt' 1 r 5 jj•cr w A 1 ,� Afc- g 5,7 MON. qD ti TMP 57-40 PP ?WON. � 'i �g• �'�E�i ''+�29 �� p� � �.� � v, Ol w d �� E� 30,000 S.F. \ s •.-- ''� � .� �-7'"° � °c� O M°D�J. 3��i1' Ei�C_a9�N4� �` BUILDING SITE S 1735'54` E 42.1$ EXISTING t9 ' DWELLING 13 �\ \' ��-- RESIDUE.-�t L Q T 1 s 4 1 - TMP 5l —40A SARN '; 3.13 ACRES OLD ACREAGE: 9,393 ACRES �$ LESS LOT 1: 3.13 ACRES I.F. 1 ?� NEW ACREAGE. 8.26 ACRES r I.F. f � TMP 57-41F 2 PROTECTION I.F. WATER I.F. `---�rrpry ?T� ORDINANCE SUFFER, W N 'i W 192.29' 5 2.Ofl- -Ij W I.F. Q fl 5 .Y i HICKORY 4, ,6 @ i i ,$ I.F. = IRON FOUND �0��eA �� CE CORNER 4�. .�Ofl• /.�}� I.S. = IRON SET O• '. i 3 S , LF. 'Zh I.S. • PP POWER POLE OO, x ,�✓ ...-- �O�'.. �S 5 � O`�^,r -''" v� TMP 57-42 MON. = MONUMENT ��O"ONNEALTH I.F. ` 21" �l VCR .SAND tL+*, oxvr;5raN svvEr SHOWING �Q .-- TMP 57-40A • � C. �TEVE GARRETT � ' LiC. No. 2025 VEYMG, LW.CREATING LOT � Qom. TMP 57-41 E r 4 O 1484 GPEENBPIEA PLACE ALBEMARLE COUNTY, VIRGINIA e �' '� % -iAPLOTTESVILLE VIPGINIA 2290.1 SCALE: 1" - 100' JANUARY 18, 2019 �R� � ��11i � PH: 434-973-0513 SHEET 2 OF 2 REVISED; MAY 30, 2019