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Home My WebLink AboutZMA202000004 Easement and Maintenance Agreement 2000-02-18Ot 1695visD 166 3. Nothing contained in This agreement shell be construed to nWw the owner ofany Lot partners or joint venturers or to tender any party liable for the debts or obligations of the others, except as this agreement rimy expressly provide. 4. No delay or omission by any owner to exercise ally right or power accruing upon any noncompliance or fulureafperfomtance by the other owner under the provisions of this agreement shall impair any such right or power or be coo strued to be a waiver thereof, unless expfesslyso provided by such provisions. A waiver by any ownerof any ofthecovenam% conditions oragrcemems herein to beperfarnud by the other owr&(s) shall not be construed to be a waiver ofamy succeeding breach thereof or any ofthe covenants, conditions or sgreernentsherein contained. 5. This agreement shall be governed by and consmhed in accordance with the laws ofthe Commonwealth of Virginia This agreemerd may be ciecuted in the original and several corsfarmed t6anterparts, each such counterpart to be marked, and all such counterparts shall together constitute one and the same instrument in so far as the same may be binding or enforceable against the patties hereto. 6. All the terms of this agreement shall be binding upon and inure to the benefit ofand be enforceable by and against the owners ofthe Lois, their successors and assigns, except as otherwise expressly provided herein. T Except as herein otherwise expressly provided, all covenants, conditions, restrictions and agreements contained herein binding and benefiting the owners, respectively, shall be deemed to be covenants naming with the land and shall bind and insure to the benefit of the owners and their respective heirs, successors and assigns as owners of 7s� the respective Lots. 6 OKI895PGO161 082479 EASEMENTSAND MAINTENANCE AGREEMENT This Agreement made Ibis 5°i day o0mun y, 2000 by Creekmill LLC, a Virginia Lir ited Liability company (hereinafter referred to as "Creekmill") WITNESSETH Whereas, Creekmill is the the owner ofoerlain real property located in Albemarle County, Virginia, dedgnated as Lot A -I (1.057 acres(, Lot A 2 (0.790 acrrea}, Lot B (1341 am tsj, and Lot C (1330 acres), hereinafter referred to collectivelyas'LoW on a plat of Roudahusk Gale & Assoc., Inc., dated December 21, 1999. consisting of 4 sheets entitled `Creel: Will Subdivision A Division of Parcel 21), Tax Map 91 Soottsole District Albemarle County, Virginia" (the "Plat"), attached hereto for recordation in the Clerk's Office of the Circuit Cant of AlbemarkCounty, Virginia (the "Clerk's Officer and Whereas, Creekmill intends to develop nodlor sell the Las as shown on the attached Plat; and Whereas. CreAmili desires to establish and create certain rights of ingress and egress and other duties and dbligations regardirrgthe maintenance and operations on the respective Lots; Now, therefore, the following covenants and conditions are imposed on Lots A-1, A-2, B. and C as covenants running with the land for their mutual benefit and enjoyment. sK 1 gg5PG0162 AWICLE I ROAD ACCESS AND MAINTENANCE I. There is hereby created as on appurtown to each Lot o perpetual, but mao- exclusive, easement for purposes of ingress and egress over Parham Circle as shown on Shea 3 ofthe attached Plat. The'21'sad Random Width Access Easement,' ('Access Easement') shown on the aforesaid Sheet 3 is sepamle from and not part of Parham Circle. 2. Creclanill shall be responsible: far initial construction ofParham Circle including; associated curbs, gutters and drainage facilities hercafler collectively referred to as 'Parham Circle toThe standard requited by Albemarle County. ARerinitial ooMtruction, ell maintenance, including all repairs, improvements, snow removal and other work pecessary, to keep Parham Crude in goad and passable condition shall be paid by Lots A-1, A-2, B and C, with Lot A-1 paying 21.5M Log A-2 paying 15.11M Lot B 2732%and Lot C 35,25% of such costs. Work gall be done on Parham Circle at such time as any two of the four Lit owners agree that such work, mair jitance or repairs is necemary. Statements slowing the cops shall be provided to each Lai owner with payments due within IS days ofreceipt ofthe statement. 3. When it is needed the Access Easement shall be built by and paid far by the owner of Lot A-2 at time of constnxtion of the easement Ono buih the Access Easement shall be on appurtenant easement for ingress mid egress for Luis A-2 and C. It shell be maintained in good cmdition at all times by Lot A-2. a The cost of construction, maimcmmcc, upkeep orreplacement of Parham Circle and Access Easement will not beborne byThe County ofAibe, arle County,Virtinia.the 4?'r- 2 sic 1895po01 63 CorawnweallhofVilginia or anrywherpubficalsomunless and until Parham Circle or the Access Easement iS aocpted into the state mad iystem formamtenanee. ARTICLE 11 THIRTY-FIVE FOOT VEGETATIVE BUFFER AREA There is located an Lots A -I, A-) and e, as shown on the attached Plat, a 35 fool vegetative buffer in which landscaping is robe placed by each Lot owner. Thetype and density ofthe landscaping within the35 foot vegetative buffer shall be similar on Lots A- t, A 2 and Band each Lot owner shall maintain in good condition all plantings located on their respective Lots, including but limited to immediately removing any dead plarding and replacing with similarplaraing ARTICLE HI STORM DRAINAGE EASEMENTS There is gmmod as an oppmternnce to each Lot such storm water and storm drain easements as are shown on the attached Plat. There is further reserved across each Lot far the benefit of the other Lots easements far the storm water and drainageas shown on the attached Plat. ARTICLE IV BUILDINGS AND USES `Alb reaped to anyconstruction on the Lots, the following requirements shall apply I. Construction ofany improirements shall be diligently proscumud to completion and shalt be completed rrnt later than one year following commencement. �.Jjo 5189SPco 164 3. Construction on a Lot shall never unreasonablyimcrfere with the operations on any other Lot. 3. All debris shall be pmaPtly removed fmm the comtnution site upon compkt "of iu k. 4. No buihling, grading, landscaping -other eonrttuetion or repairs shall Occur On any Tot without the prior written approval ofthe phuts, specifications, bzicn materials and color by Creekmil I or its assignee, said approval od to be unreasonably withheld. ARTICLE V DAMAGE AND DESTRUCTION In the event any building(s) is (are) suhmmially damaged OF destroyed on arty Lot, and The owner ofthe Lot elects not to repair or rebuild the buildi*s), the owner of said Lot shall clear away the mints and havt the lot in a dean and orderly condition within 60 days ofthe damage or des[mctiom ARTICLE VI DEFAULT If arty owns+ oft Lot shall at any time defaull in the performance ofor fail to comply with, any ofthe terms and proions contained herein, then in such event, the non -defaulting owner shall have the right to enter upon such portion or portions of the Lot owned bythe defaulting miner, pay such obligation, perform such work or 6tmish such services on behalf, at the cost, rind for the amount, ora defauhing owner. Prior to the payment of any obligation, performance bfany work or famishing dfany services upon or in connection with any portion or portions of the area of any defaulting owner, a notice must be sent pursuant to this agreement to the defaulting uww specifying the 4 eK l 895FAb 165 nature of the default and notifying the defaulting owner of the intention of the non- defanhigg party In pay such obligation or perform such work or furnish such services. If any default is not cared within 30 days after such notice, or in connection with payment for maintenance of Parham Circle, 15 days after the furnishing of a bill, then the non - defaulting owner my perform such work or make payments on behalf of the defaulting owner and may sue the de auhing owner for all sums expended. plus interest from the datenf payment at the rateof ID% per annum. Ifarry owner roust bring suit to enforce any provision of this agreement, she prevailing party in the lawsuit shall be emitted to recoverall costs of she suit inckeding reasonable attorney' fees. AIMCLE VA MISCELLANEOUS 1. Every notice, demand, consent, request, or approval or other document or instrument required or permitted to be served upon or mailed to the owner of a Lot shall be in writing and shall be sent by registered orcertified United States nail, postage prepaid, return receipt requested, at such address as any owner may give to the other, or ifno notice is given, to the last address shown on the records of the Tax Office of Alb made County, Virginia I Any owner may charge its notice address upon ten days priorwritten notice to the other. tnvaer. Rejection or other refusal to accept orthe inability to deliver becauseof a changed address for which no notice was given, shall be deemed to be the receipt of the notice, request, etc. y�tr� 5 6K 1695PGD 167 S. Wherever used herein, the simpdar mrmbe r shall include the plural, and the plural shaft include the singular. Witness the following Signature and seal. CltEEKMILL LLC, a Virginia limited liabilitycompony Hy (SEAL) D a . L.Cour, Member -Manager STATE OF VIRGINIA ) )SS. COUNTY OF AI Ut[at r The foregoing instrument was acknowledged before me this l5 day of 2 is 2000 by Denise E L oCour, as Manage of Creekmill LLC. 003 My commission expires: -1 • It nntnnswarasverlse.:mai r�ss,�r .d wirmme,rareanmW� OWNERS APPROVAL_ The subdivision of the land described herein is with the free consent and in accordance with the desire of the -undersigned owners. proprietors, and trustees. Any referenrs to future potential development is to be doemsd-as theoretical only. All statements affixed to this plat are true and correct to the best f my knowled Op.n 7,M.�.91-20 - CR EKMILL L,L,C. i�• a T.M.P. 77-47 - HILLCRES7 L.C. SANITARY SEWER ES'MT. DEDICATION NOTARY PUBLIC OK 1895PGO 15$ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS L2.0 DAY OF ALV. ��Alvp My Commission Expires _&�.•f-0 SITE DATA RT.631 OWNER: CREEKMILL L.L.C. P.O. BOX 544 CHARLOTTE5VILLE, VA. 22902 LEGAL REFERENCE; INSTRUMENT 0990003545 TAX MAP 91. PARCEL 2D D.B. 1128, p.103 D.B. 1492, p.683 (PLAT) MAGISTERIAL DISTRICT: SCOTTSVILLE DISTRICT ZONING: PD-SC with ZMA 95-21 ENTRANCE CORRIDOR OVERLAY DISTRICT APPROVED FOR RECORDATION O agent erd f dupe sore T -64 MILL � CREEK' p CREEKi SUBDIN NOTE: PARCEL 2D. TAX MAP 91 DOES NOT LIE TN A FLOOD HAZARD AREA. ALL LOTS WITHIN THIS SUBDIVISION W BE SERVED BY PUBLIC WATER AND SEWER. ALL LOTS WITHIN THIS SUBDIVISION MILL BE ACCESSED BY THE PRIVATE ROAD 'PARHAM CIRCLE', SHOWN HEREON. THE STREET IN THIS SUBDIVISION MAY NOT MEET THE STANDARD$ FOR ACCEPTANCE INTO THE SECONDARY ROAD SYSTEM OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF ALBEMARLE. A I.l'I'I1A\IIIl1 PROM 1:161I IMIIA\ A DIVISION OF PARCEL 2D, TAX -MAP 91 SCOTT }VILLE DISTRICT ALBEMARLE COUNTY, VIRGINIA DECE MBER 21, 1999 SHEET i of 4 VICINITY MAP SCALE. 1'-2000' AREA SUMMARY T.M.P. 91 - 2D 4.910 Ac. LOT A-1-1.057 Ac. LOT A-2 -0.700 Ac. LOT B T C _1.741 AAC. 1O1c . David L. Collins; No. 152.1 ROUDABLISN, GALE 6 ASSOC.. INC. A PROFESSIONAL CORPORATION SURVEYORS, PLANNERS, 5 ENGINEERS 914 MONTICELLO ROAD CFIARLOTTESVILLF V.rAGINIA _.... 9K 1895PGO t 69 HILLCREST LLC T.M.P.77-47 —�- J-1 FQy MILL CREEK DRIVE ^ �taa •. R, n. fV, J Qx S5640'38"E�508'.53_.._ .. ......_ ... . �a �SF 205.53' 30 3, 00' �i LOT B 1.341 Ac. L so LOT A- i �^ 1.057 m Ac . u� � N s 9 �E v g. S56'20'39"E ..., ssgg •20' 3 Sr' 6 E 380-00, 3 LOT A-2 ^� U-1 0.780 Ac. m m m . Js • .[ G ALBEMARLE COUNTY SERVICE AUT►40RZTY T, M. P. al -IA D. B. l089, P. 670 LOT C I.7'30.Ac. N46 4q'21"k 327, 40' ALBEMARLE COUNTY SERVICE AUTHORITY T.M.P. 91-! D.8, 919 P.746 PLAT OF CRHaxmn,L suBmwsl®N A DIVISION OF PARCEL 2D, TAX MAP 91 SCOTTSVILLE DISTRICT ALBEMARLE COUNTY,' VIRGINIA DECEMBER 21, 1999 SCALE f' - 60' e Je0 SHEET 2 of ' 4 ,� A v o�0 N COUNTY n ALBEMARLE t T.M.P. 91-2E x A. S. 1492; P . 676. 77,v N m m au :3 David L. Collins e9g., 2AS/00 W, SALE & ASSOC.. INC, 8% 1895FG0.170 HZLLCRE3T LLC T. M. P. 77-47 I � t ti MILL CREEK DRIVE n f120' R.O.W.) cc3i Approx.Gas Line a �_a� 4. 6 APprox.Gas Line 4 fff In" oft 35VEG. s AC ' ASEIE'NT AANOM MICTH IEa'at. be Airtd Back of Curb) W � y �w S 57 Ac. Ln cw MR c M 0 i LOT A-2 0,780 Ac. O. 6 ALBEMARLE COUNTY SERVICE AUTHORITY T.M.P. 91-JA D.B. 1089, P. 670 LOT B .Ju` 1.341 AC. ...EL Parham Cfrrle ( Private Road) Z L2V — R-25.5' G RA0 VIDTK tojnKkif Curb1 o_j R■25.5' � m a LOT C 6 1.730 Ac. u N 1`^ ---jat,8LO. 88L ALBEMARLE COUNTY SERVICE AUTHORITY T. M.P. 91-1 0.19. 919. P. 746 PLAT SHOWING ACCESS EASEMENT A DIVISION OF PARCEL 2D, TAX MAP 91 SCOTTSVILLE DISTRICT ALBEMARLE COUNTY, VIRGINIA DECEMBER 21. 1999 SCALE i' - 80' Leo SHEET 3 of 4 mau NO COUNTY ALBEMARLE F.M.P. 91_ZE. D. B. 1492, P. 576 DaviddoL 1Co fins ROUCABUSM, GALE G ASSOC.. rNC. TYPICAL SANITARY SEWER EASEMENT ( N. T . S. ) 8K { 19 5 PC ";61L STORM SEWER EASEMENT EASEMENTS ARE TO BELCATIODA_Hi N.T.S.ONSOFMANOLES 20 20 TYPICAL WATERLINE EASEMENT 10, 10, EEA �ME S ARASTQUBLT N.T.S.) p� I F.H. EASEMENTS ARE TO BE CENTERED LOCATIONS 6F MANHOLE ON A5BUILT LOCATIONS OF WATER AND STORM STRUCTURES. METERS. BLOW OFFS AIR RELEASE VALVES, ANb FIRE HYO'S. j 20 i \ _j r. M. P�7 47 C v EASEMENT PLAT P. 745 A- DIVISION OF PARCEL RD, TAX MAP 91 SCOTTSVILLE DISTRICT ALBEMARLE COUNTY, VIRGINIA DECEMBER - 2 1, 1999 SCALE I' _ 60' m IN SHEET 4 of'4 Btu iwrm 0 s AWOX.Gas Line David L. Collins No. 1621 `G9. /8, Zoo* 4#0 :r,.ifidki egk 2/1%/00 ROUDABUSr,►. SALE C ASSOC.. INC. 8K E'895PGO I I? VIRGINW 1\ -njF ITFRK'S OFFICE OF THE CERCtU COURT OF ALBEMARLE' THfS DM WAS pMp%-Mn. ANTI WFFII CFRI WAFE AAJNNUED, 15 ADMTf ED ATE �OY7.00K �61. \ TO RECORD ON _Y 2007 , STATE TAX 5 cm LOCAL TAX s f2131 TRANSFER FEE S 12k11 I.T.T.F. s_ J_.3AD IIDII via CLERK'S FEE s ]As _IM PLAT S QQ 5EC1:A.1-80k SPATE TAX LOCAL TAX 7EM- qJMK s_ IA�1 SBELBY A MAMAU. s O20) � LOCAL TAX a -BY. CLFJcR S .• 00 TOTAL