HomeMy WebLinkAboutSUB201900070 Agreements 2019-08-23THOMAS B. LINCOLN
LETTER LAND SURVEYOR, INC.
OF 632 BERKMAR CIRCLE
TRANSMITTAL CHARLOTTESVILLE, VIRGINIA
22901
TO: County of Albemarle DATE:
Department of Community Development
401 McIntire Road 8-23-2019
Charlottesville, VA 22902
ATTENTION: Cameron Langille RE: P/
DRIVE
WE ARE SENDING YOU: X Attached Under separate cover
VIA: US. Mail/ FedEx 1 Picked Up 1 Hand Delivered the following items:
x Plats I Maps Prints Plans
Copy of Letter EChan a OrderF Submittals]
COPIES DATE
1 04/03/ 19
rev. 6-27-19
rev. 7-22-19
re. 8-5-19
3 sets 04/03/19
rev. 6-27-19
rev. 7-22-19
rev. 8-5-19
1 08/22/19
For Approval
For Your Use
As Requested
For Review and Comment
For Bids Due:
REMARKS:
Phone: (434) 974-1417
Fax: (434) 974-1776
e-mail:
lincolnsurveying@mindspring.com
JOB #:
92-0002-10
=L "W" LOCATED ON WORRELL
U )a 2 & roiGV 7d
Disk Specifications
Invoice X Other:
NO. DESCRIPTION
3 Pages ORIGINAL MYLAR SUBDIVISION PLAT SHOWING TAX MAP 78
PARCEL 20C AND NEW PARCEL "W" LOCATED ON WORRELL
DRIVE ALBEMARLE COUNTY, VIRGINIA
3 Pages PAPER COPIES SUBDIVISION PLAT SHOWING TAX MAP 78 PARCEL
20C AND NEW PARCEL "W" LOCATED ON WORRELL DRIVE
ALBEMARLE COUNTY, VIRGINIA
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
THESE ARE TRANSMITTED as checked below:
Approved As Submitted
Approved As Noted
Returned for Correction(s)
See Comment Below
Prints Returned After Loan to Us X
Please give us a call once signatures are completed so we may pick up mylar and prints.
Should you have any questions, please give me a call.
Thanks,
COPY TO: FILE, Andrew Dracopoll
SUBMITTED BY: Tom Lincoln
Enclosures are not as noted, kindly notify us at once.
-TRANS. Worrell-Drivewpd.wpd
Resubmit Copies for Approval
Submit Copies for Distribution
Return Corrected Prints
Invoice for direct Payment to Vendor
SIGNATURE
RECEIVED
AU6 2 6 2019
COMMUNITY
DEVELOPMENT
Prepared by and upon recording return to:
Worrell Land and Development Company, LC
P Q Box 5386, Charlottesville, VA 22905
Albemarle County Parcel ID # 00780-00-00-02000
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT k v INTENANCE DECLARATION
(hereinafter, the "Declaration") is made this L"L .. of August, 2019, by WORRELL LAND
AND DEVELOPMENT COMPANY, LC (hereinafter, the "Declarant"), whose address is
P O Box 5386, Charlottesville, Virginia 22905.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle
County Parcel ID 007800-00-00-02000; and
WHEREAS, Albemarle County Parcel ID 007800-00-00-02000 is being
subdivided by the Declarant as shown and described on a plat by Lincoln Surveying, dated
April 3, 2019, last revised August 5, 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 50' Private Street
Easement" is to be non-exclusive ingress and egress easement (hereinafter, the "Street"
also known as Worrell Drive) for the use and benefit of Lot W shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant and its successors or assigns agree:
MINIMUM STANDARD: The Street shall be maintained in perpetuity to a standard
that, at a minimum, ensures that it will remain in substantially its current paved
condition. 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 street, and all curbs, curbs and gutters, drainage facilities,
utilities, dams, and other private street improvements, and the prompt removal of snow,
water, debris, or any other obstruction so as to keep the private street 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): 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(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 owner(s) 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 owner(s)'
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 owner(s) shall be liable for all
costs of collection, including reasonable attorney's fees.
5. COST OF MAINTENANCE: The Declarant, its successors or assigns shall be
responsible for the cost of the maintenance of and/or repair to 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 has caused this Declaration to be
executed on its behalf by its duly authorized agent.
WORRELL LAND AND DEVELOPMENT
COMPANY, LC
BY:
Andrew J Dracopoli, Manager
STATE OF VIRGINIA AT LARGE
COUNTY OF ALBEMARLE, to -wit:
The foregoing Declaration was
acknowledged before me this2-x 0J day of A uq US+ , 2019, by Andrew J
Dracopoli as manager of Worrell Land and Development Company, LC.
W"
Notary Public
My commission expires: S 3 Z 07
WANDA M WRIGHT
Notary Public Z
Commonwealth of Virginia
Registration No. 7113752
My Commission Expires May 31, 2023