HomeMy WebLinkAboutSUB201700217 Agreements 2019-11-14Prepared by:
David M. van Roijen
P.O. Box 7544
Charlottesville, Virginia 22906
Albemarle County Parcel ID # 08800-00-00-026BO
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the
"Declaration") is made this 12th day of November ,
2019 , by David M. van Roijen (hereinafter, the " Declarant"), whose address is P.O.
Box 7544, Charlottesville, Virginia 22906.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County
Parcel ID # 08800-00-00-026B0;
WHEREAS, Albemarle County Parcel ID #08800-00-00-026B0 is being subdivided by the
Declarant into Parcel "X" and Revised TMP 88-26B, as shown and described on a plat by
Roudabush, Gale & Associates, Inc., dated December 21, 2017 and revised September 25, 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 30-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 Declarant hereby imposes the following obligations upon all lots shown on
the Plat:
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 when
approved by the County: a 10-foot wide asphalt -paved drive or a superior surface as agreed to
in the future via supplemental declaration. 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.
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 notices 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 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 owners of Parcel "X" and Revised TMP 88-26B shall be
equally responsible for the cost of the maintenance of and/or repair to the Street from Point
"A" (Parcel ' X") to Point "B" (IJS Route 29). Any further division of Revised TMP 88-26B
shall require the reassessment of the costs to be shared equally 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 has caused this Declaration to be ex d:
David M. van Roijen
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to -wit:
The foregoing Declaration was acknowledged before me this �- day of
, 20 by David M. van Roijen.
Notary Public
My Commission expires: - L - 20 r_ `L
MICHELLE ROSE KING
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES APR. 30, 2022
COMMISSION k 7583302