HomeMy WebLinkAboutSUB202000084 Plat - Other (not approved) 2020-05-07Prepared by
Mary Katherine McGetrick, Esq.
Williams Mullen
200 S. 10' Street, 16'floor
Richmond, Virginia 23219
Tax Map Parcel 04600-00-00-019A2
DECLARATION OF PRIVATE
EASEMENT AND MAINTENANCE AGREEMENT
This PRIVATE EASEMENT MAINTENANCE AGREEMENT (hereinafter, the
"Agreement") is made this day of , 2020, by BROOKHILL TOWN
CENTER, LLC, a Virginia limited liability company (hereinafter, the "Declarant"), whose
address is 455 Second Street, 2nd Floor, Charlottesville, VA 22902.
WHEREAS, the Declarant is the owner of certain real property located at the
intersection of US 29 Seminole Trail and Polo Grounds Road and identified as Albemarle
County Tax Map Parcel No. 46-19A2, which is a portion of former Albemarle County Tax Map
Parcel No. 46-19A as more particularly shown and described on that certain easement plat dated
November 16, 2018, prepared by Roudabush, Gale & Associates, Inc. entitled
"COMPREHENSIVE EASEMENT PLAT FOR BROOKHILL BLOCKS 1-8, RIVANNA
DISTRICT, ALBEMARLE COUNTY, VA" (hereinafter, the "Easement Plat"), which plat is of
record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
5121, page 644; and
WHEREAS, Declarant has subjected the property shown on the Easement Plat (the
"Property") to that certain Master Declaration of Protective Covenants, Restrictions and
Easements for Brookhill, recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia in Deed Book 5259, page 669 (the "Declaration"); and
WHEREAS, Brookhill Master Association, Inc. (the "Association") has been created to
maintain certain private maintenance easements as shown on the Easement Plat and common
areas located within the Property, pursuant to the Declaration; and
WHEREAS, the "VARIABLE WIDTH PRIVATE MAINTENANCE EASEMENTS
(FOR IMPLEMENTATION OF SALAMANDER CROSSINGS)" as shown on the Easement
Plat contain certain improvements including tunnels and wing walls which have been constructed
to assist native salamanders in crossing beneath Polo Grounds Road during certain seasons
(collectively, the "Crossing Improvements").
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby (i) reserves to itself and grants to the Association a
perpetual, non-exclusive easement for maintenance of the Crossing Improvements, and (ii)
imposes upon the Declarant and the Association the following maintenance obligations for the
Crossing Improvements:
1. Maintenance Oblijzations. For purposes of this instrument, "maintenance",
includes the maintenance of the Crossing Improvements, and all tunnels, walls, drainage
facilities and other improvements, and the prompt removal of snow, water, debris, or any other
obstruction so as to keep the Crossing Improvements reasonably open for usage as intended. The
term "to maintain," or any derivation of that verb, includes the maintenance, replacement,
reconstruction and correction of defects or damage.
2. Inspections by the Declarant/Association. At least twice per year following
completion of the construction of the Crossing Improvements, the Association shall have the
Crossing Improvements inspected for integrity, functionality and performance to ensure that the
Crossing Improvements are in good working condition. At least once per year following
completion of the construction of the Crossing Improvements, the Association shall have the
drainage swale located within the easement inspected for any erosion or scour. To the extent any
repairs or maintenance are required based on the results of the inspections, the Association shall
perform such repairs or maintenance promptly, in a good and workmanlike manner.
3. Responsibility for Maintenance and/or Repair. The owners of all lots shall be
equally responsible for the cost of the maintenance of, and or repair to the Crossing
Improvements, pursuant to the assessments levied by the Association in accordance with the
Declaration. No public agency, including the County of Albemarle, Virginia, will be
responsible for maintaining any improvement identified herein. After the initial construction
of the Crossing Improvements, any further construction, maintenance or repair shall be
undertaken by the Association in accordance with the Declaration.
SIGNATURE PAGE IMMEDIATELY FOLLOWS
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on
its behalf by its duly authorized agent.
BROOKHILL TOWN CENTER, LLC
:•
Alan R. Taylor, Jr., President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF . to -wit:
The foregoing Declaration was acknowledged before me this day of ,
2020, by Alan R. Taylor, Jr. as President of Brookhill Town Center, LLC.
Notary Public
My commission expires:
Commission No:
42403750_1