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HomeMy WebLinkAboutSUB201900056 Agreements 2019-09-27 Albemarle County Parcel ID#07000-00-00-04900 PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this 27th of September, 2019, by EDWARD L. LOVELL and JANINE F. LOVELL, husband and wife; SETH T. LOVELL and BRITTANY N. LOVELL, husband and wife; and ELI R. LOVELL and KATHLEEN D. LOVELL,husband and wife(collectively hereinafter, the"Declarants"), whose address is 2575 Garth Road, Charlottesville, Virginia. WHEREAS,the Declarants are the owners of a parcel of land known as Albemarle County Parcel ID#07000-00-00-04900 and WHEREAS, Albemarle County Parcel ID #07000-00-00-04900 is being subdivided by the Declarants into Parcel 1 and Parcel 2 as shown and described on a plat by Tom Shumate Surveyor, Inc. dated April 5, 2019, last 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 as"Proposed 30' Private Street Easement"is to be a non-exclusive ingress and egress easement(hereinafter, the"Street") for the use and benefit of Parcel 1 and Parcel 2 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 Parcel 1 and Parcel 2: 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: an eight foot wide gravel base 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 1 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 owner(s) of Parcel 1 and Parcel 2 shall be equally responsible for the cost of the maintenance of and/or repair to the Street, from the entrance off Plank Road to the separation into distinct driveways. Any further division of Parcel 1 and Parcel 2 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 has/have caused this Declaration to be executed on their behalf by their duly authorized agent(s). 2 • Edward L.Lovell, OWNER COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ...4-1 b..Gfi1/4a.r Cep ,to-wit: The foregoing Declaration was ccnglecjge,JJ befQrgn1 thi4p aY.1 day of 0 - ,20 I '1 ,by Edward L. Lovell. "EMIIY()HAVEN ROSSON 'Notary Public Commonwealth of Virginia Registration No.7.706113 My Commisai0n Expires Nov 30, 2020 Notary ublic My commission expires: /v try. 3 D/ Z 0 2,0 Janine F.Lovell, OWNER COMMONWEALTH OF,VIRGINIA CITY/COUNTY OF- OF, lv , to-wit: The foregoing Declaration was acknowledged before me this 3"✓`A day of 001-6 bo- ,20 (7 ,by Janine F. Lovell. ( "EMILY DEHAVEN ROSSON Notary Public Commonwealth of Virginia ' Registration No.'7'706113 My Commisn•Expires Nov 30, 2020I Notary Pa blic sip olloPPlowwwwicoxii My commission expires:. Nev. 30, ZU Zo Seth T.Lovell, OWNER COMMONWEALTH OF VIRGINIA CITY/COUNTY OF .4( t.ath, , to-wit: The foregoing Declaration was acknowledged before me this (gam day of ©CD(2U- , 20 I q ,by Seth T. Lovell. Notary ublic My commission expires: kf w. 30, 2.02P 'EMILY DEHAVEN ROSSON Notary Public Commonwealth of Virginia 3 Registration No.'7706113 .My Commission Expires Nov 3.0, 2Q20 s. • Brittany N.Love , OWNER COMMONWEALTH OF VIRGINIA CITY/COUNTY OF A(htvua.1/Le— , to-wit: The foregoing Declaration was day of Oa°Pips- ,20 I ,by Brittany N.Lovell. 'INKY AVEN ROSSON 'Notary Public Commonwealth of Virginia Registration No. 77061134-d(er---/262 • My Commi.ssipri Exprrres Nov 3:Q, 2020 '►. i _ _ = i Not Public My commission expires: Net!. 30, 20 Z0 Eli R.Lovell, OWNER COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Am26 A&4I1 , to-wit: The foregoing Declaration was acknowledged before me this /se day of Cam°( , 20 0 ,by Eli R. Lovell. EMILY DEHAVEN ROSSON Notary Public , Commonwealth of Virginia Y LA Registration No.'7706113 Age_ My Commissiort Expires Nov 30, 2020 0 Not ublic My commission expires: ITV. 30 2010 Ka leen D.Lovell, OWNER COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Ai , to-wit: The foregoing Declaration was acknowledged before me this i`f day of Onto b r- ,20 ,by Kathleen D.Lovell. "EMILY-OEHAVEN ROSSON I 'Notary Public 1 Commonwealth of Virginia Registration No.7706113 Notary ublic ... My Commissoo Expires Nov 30, 2020 0 My commission expires:, , 707-0 4