HomeMy WebLinkAboutSUB201900186 Agreements 2020-02-12Albemarle County Parcel ID # 04100-00-00-047BO
Prepared by Robert J. Kroner, VSB #18682, Scott Kroner, PLC, 418 E. Water St., Charlottesville, VA 22902
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this IZ day of February, 2020, by VAN DER
LINDE HOUSING, INC., a Virginia corporation (hereinafter, the "Declarant"), whose
address is 2820 Hydraulic Road, Suite 1, Charlottesville, VA 22901.
WHEREAS, the Declarant is the owner of a parcel of land identified as Albemarle
County Parcel ID 04100-00-00-047130; and
WHEREAS, Albemarle County Parcel ID 04100-00-00-047BO is being subdivided
by the Declarant into Parcel B 1(containing 10.48 acres) and Parcel B2 (containing 15.34
acres), as shown and described on a plat by Roger W. Ray and Associates, Inc., entitled
"Subdivision Plat Parcel B1 and B2 A Division of Parcel B (Tax Map 41, Parcel 4713) The
Property of Van Der Linde Housing, Inc. Also New 40' Private Street & Utility Easement
And New Variable Width Utility Easement Located on State Route 614 (Garth Road)
About 1.5 Miles East of White Hall White Hall Magisterial District Albemarle County,
Virginia," dated November 14, 2019, revised February 3, 2020, 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 thirty foot (30')
wide non-exclusive ingress and egress easement over Parcel B 1 (hereinafter, the "Street")
for the use and benefit of Parcel B1 and Parcel B2, and shown on the Plat as "New 30'
Private Street Easement & Utility Easement"; and
WHEREAS, the utility easements shown on the Plat as "New 30' Private Street
Easement & Utility Easement" and as "New Variable Width Utility Easement" are to be
new underground utility easements over Parcel B 1 (hereinafter, the "Utility Easements")
for the use and benefit of Parcel B2.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby declares that (1) the Street is an easement for access
to and from each of Parcel B 1 and Parcel B2 to State Route 614, and (2) the Utility
Easements are non-exclusive easements for underground utility service to Parcel B2 (with
any above -ground appurtenances deemed necessary by the utility provider), and Declarant
further imposes the following obligations upon the owners of Parcel B 1 and Parcel 132:
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 the
Shared Portion of the Street (as such term is defined in Section 2 below) was in when
approved by the County: a 10 foot wide base of tar and crushed gravel, or a superior
surface as agreed to in the future via supplemental declaration. The travel way shall be
maintained so that it is safe and convenient for passenger automobiles and emergency
vehicles at all times except in severe temporary weather conditions. It is understood
and agreed that Declarant has no obligation to improve the Street beyond the current
terminus of the Shared Portion of the Street, and that the owner of Parcel B2 who first
constructs improvements on Parcel B2 will bear the full cost and responsibility for
installing, maintaining, and repairing the Street beyond its current terminus.
2. DEFINITIONS: For purposes of this instrument, "maintenance" includes the
maintenance of the Street, 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 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. The term "Shared Portion of the Street" means the
portion of the Street beginning at the "iron found" at the intersection of State Route
614 and the southeastern corner of Parcel B 1 as shown on the Plat and extending to the
point where the "existing paved driveway" leaves the Street to exclusively serve the
residence located on Parcel B 1.
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 OF STREET: The owners of Parcel B 1 and Parcel B2
shall be equally responsible for the cost of the maintenance of and/or repair to the
Shared Portion of the Street; the remaining portion of the Street shall be constructed,
maintained, and repaired solely at the expense of the owner of Parcel B2. Any further
division of Lot # 047BO shall require the reassessment of cost to be equally shared by
all owners using the Shared Portion of the Street.
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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.
7. COST OF MAINTENANCE OF UTILITY EASEMENT: The Utility Easements may
be used by the owner of Parcel B2, on a non-exclusive basis with the owner of Parcel
Bl, to install, maintain, repair, and replace underground conduits for the provision of
water, sewer, gas, electric, telephone, cable, fiberoptic, and similar utilities to serve the
improvements constructed on Parcel B2, and any above -ground appurtenances deemed
necessary by the utility provider. Each party will be responsible for all costs associated
with the foregoing; provided, however, to the extent that both Parcel B 1 and Parcel B2
share trunk lines for any of the utilities, the owners of Parcel B 1 and Parcel B2 shall be
equally responsible such costs.
8. The easement and obligations imposed by this Declaration are intended to be covenants
running with the land, and the provisions of the Declaration will bind and inure to the
benefit of the persons and entities who own Parcel B 1 and Parcel B2 from time to time.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
VAN DER LINDE HOUSING, INC.
BY:
Peter va er Li e, President
COMMONWEALTH OF VIRGINIA
.C�sf/COUNTY OF FM 2]E
The foregoing Declaration was acknowledged before me this I2 day of February,
2020, by Peter van der Linde, President of van der Linde Housing, Inc., a Virginia
corporation, on behalf of the corporation.
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