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HomeMy WebLinkAboutSUB201900075 Review Comments Final Plat 2019-07-23COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 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 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, � 11�7 LW " Cameron Langille Senior Planner Ext. 3432 1 DECLARATION "P�R�IVATE TREET MAINTENANCE AGREEMENT (hereinafter, the "Agreehis �l of May, 2019 by Timothy L. Dane and Jennifer B. Kane and (hereinafter, the "Declarant"), whose address is G ID Dudley Mountain Road, Charlottesville, Virginia 22903. 671 ktClvrd fr ermb � WHEREAS, the Declarant is the owner of a parcel of land kno as Albemarle County Tax Map 89, Parcel 63,pursuant to the plat/deed in eed Book 5 17, Pacara 69 and WHEREAS, Tax Map 89, Parcel 63� ill be subdivided by the Declarant into racts A e0trCal A containing 7.3 and 21.96 acres respectively, as shown and described on a plat by Roger W. ssociatio , Inc., Land Surveyor, dated April 11, 2019, a copy of which is hereto attached and made part of this Agreement (hereinafter, the "Plat"); and Assbc. WHEREAS, the access easement shown on the Plat I be a new 30 foot private street easement (hereinafter, the "Street") for the use o racts A & 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 p ingress and egress. The Declarant hereby imposes the following undertakings upon racts A and 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. -T, t 4A - 619 COST OF MAINTENANCE: Theo ne f Tracts A and �sha11 be equally responsible for the cost of the maintenance of, and or re r to th treet, from its beginnine on State Route 706 to the driveway cutoff leading to the dwe ing located on ract . The owner o ract shall be responsible for the cost of the mainten ce to, and or repair to the Street from the cutoff of the drivewa leading to the dwelling o Tract to its terminus o Tract . Any further division of. Tracts A and ll require the reassessment of cost to be equally s ed by all owners using the Page I of 3 PoLr cz[ �� 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. 1p 7 BY: LL Timo y L. Kane BY: �. J r ane COMMONWEALTH OF VIR INIA CITY/COUNTY OF The foregoing Declaration was acknowledged before me this 3r6wday of Mar, 2019 by Timothy L. Kane and Jennifer B. Kane. _ rotary Public My commission expires: aA . DONNA MARW KDO�j► Page 2 of 3 COMMOWMLTMOFVir % Mre MISSWNEXPlMA=91.=0 O0-MIMI98i0N VOW1,00 PCL XL error Error: IllegaLOperatorsequence Operator: setColorspace Position: 6340 Checklist for Maintenance Agreements File # LJ) �� �� Project Name: ��r � f 1 a �QC�D *to ir P�+ 14-317 Instrument evidencing maintenance of certain improvements. If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or any authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement, as follows: A. The instrument shall, at a minimu con ai 1 () Identify the plat to which the instrument applies; if the plat has been recorded, the identification shall include a deed book and page number. (2) State that the improvement will be maintained in perpetuity. (3) State that the improvement will be maintained to a standard that, at a minimum, assures that it will remain in substantially the condition it was in when approved by the county; for a private street, shared driveway, or alley, the instrument also shall stat verbati "The travelway shall at all times be maintained so that it is safe and convenient for passenger aitomobiles and emergency vehicles at all times except in severe temporary weather conditions." (4) If the instrument pertains to the maintenance of one or ore private streets( alle or shared driveways, it shall define "maintenance" by stating erba "For purposes of this instrument, `maintenance' includes the maintenance of the private streets or alleys, and all curbs, curbs and i tters, drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt remova of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usa e b all vehicl s inciudin emergency services vehicles." F5)Describe the condition of the improvement when it was approved by the countentify the timing or conditions warranting maintenance of the improvement.- 0/ (7) add State a means to collect funds necessary for the cost of maintaining the improvement; at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien again a non-contributing landowner, to bring an action at law to collect the funds, or both. (8) Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g., "equally," or on a percentage basis); if any lot within the subdivision may be further divided, e instrument shall also describe how maintenance costs will be prorated among the landowners afte or division. (9) State erba ' "No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein." B. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the instrument be on a form prepared by the county attorney. C. For purposes of this section, the term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. D. Nothing in this section shall affect the rights of the county reserved under section 14440.