HomeMy WebLinkAboutSUB202000042 Agreements 2020-05-18PREPARED BY: ASHLEIGH M. PIVONKA, VSB # 89492
ZUNKA, MILNOR & CARTER, LTD.
414 Park Street
Charlottesville, VA 22902
Albemarle County Parcel ID # 03900-00-00-017A4
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this /— of MA,l 2020, by FREIDA
E. FIFE and ANTHONY A BASSIGNANI (hereinafter, the "Declarants"), whose
address is
WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle
County Parcel ID # 03900-00-00-017A4; and
WHEREAS, Albemarle County Parcel ID # 03900-00-00-017A4 is being
subdivided by the Declarants into Lot lA and Lot 1B, as shown and described on a plat by
Roger W. Ray & Assoc., Inc., dated February 21, 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 30-foot-wide
non-exclusive ingress and egress easement (hereinafter, the "Street') for the use and benefit
of Lot 1A and Lot 1B 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 Lot lA and
Lot 113:
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: a ten foot wide base of gravel or a superior
surface as agreed to in the future via agreement by all owners of Lot 1A and Lot
1B. 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
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 Lot lA and Lot 113 shall be equally
responsible for the cost of the maintenance of and/or repair to the "New 30' Private
Street Easement," as shown on the Plat. Any further division of Lot IA and Lot 1B
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.
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IN WITNESS WHEREOF, the Declarants have executed this Declaration.
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Freida E. Fife
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AnihooyA. Bassignani
COMMONWEALTH VIRGI IIA
CITY/COUNTY OF to -wit:
��nggq The foregoing Declaration was
acknowledged before me this day of , 2020 by Freida E. Fife and
Anthony A. Bassignani.
My commission expires:
Notary Public
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