HomeMy WebLinkAboutSUB202000102 Easements 2020-07-21S=A,re.L.y rU.!12
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This Document Prepared by Mary -Susan Payne, Esquire
1800 Diary Road, Charlottesville, Virginia 22903
Virginia State Bar #23512
Tax Map # 03100-00-00-005A1
This EASEMENT and PRIVATE IMPROVEMENT MAINTENANCE
DECLARATION (hereinafter, the "Declaration") is made this day of July, 2020, by
THE MOST REVEREND BARRY C. KNESTOUT, BISHOP OF THE CATHOLIC
DIOSESE OF RICHMOND. VIRGINIA (hereinafter, the "Declarant"), whose address is:
Catholic Diocese of Richmond, Virginia, c/o Director of Finance, 7800 Carousel Lane,
Richmond, Virginia 23294
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County
Parcel ID Parcel 03100-00-00-005A1; and
WHEREAS, Albemarle County Parcel ID Parcel #03100-00-00-005A 1 is being subdivided
by the Declarant into Lots A and B, as shown and described on a plat by Roger W. Ray & Assoc.,
Inc. dated May 6, 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 feet wide non-
exclusive ingress and egress easement (hereinafter, the "Street') for the use and benefit of Lots A
and B shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant does hereby GRANT and CONVEY with GENERAL
WARRANTY and ENGLISH COVENANTS OF TITLE unto himself, his successors and
assigns, an exclusive and perpetual easement 30 feet in width, for pedestrian and vehicular
ingress and egress as shown on the aforesaid plat, imposing the following obligations upon Lots
Aand B:
1. MINIMUM STANDARD: The Street shall be constructed and 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 "10 feet" wide base of gravel or a superior surface as agreed to in
the future via supplemental declaration. The travel way 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 construction,
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 constriction,
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 owners give 30 days prior written notice to all other owners using the
Street, such owners 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 OWNERS: If any owners fails to pay their proportionate share of the costs
of maintenance or repair for which they are responsible, as provided hereinabove, any other owners
not in default or the persons or corporation performing such maintenance may, after 30 days written
notice to the defaulting parcel owners, bring an action of law against each defaulting parcel owners
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 owners'
proportional share of maintenance or repair. The amount due by any delinquent owners will bear
interest at the maximum judgment rate provided by law from the date of completion of the
maintenance. The delinquent owner shall be liable for all costs of collection, including reasonable
attorney's fees.
5. COST OF MAINTENANCE: The owners of Lots A and B shall be equally responsible for
the cost of the construction and maintenance of and/or repair to the Street, from the northeast corner
of Lot A to the intersection of the driveway of lot A. the owners of Lot B shall be solely responsible
for the cost of the construction and maintenance of and/or repair to the street from the intersection of
the driveway of Lot A to the northeastern property line of Lot B. Any further division of Lots A
and B 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.
WITNESS the following signature and seal:
�9 (SEAL)
The Most erend Barry C. Knestout,
Bishop ofle Catholic Diocese of
Richmond, Virginia
STATE OF VIRGINIA
CITY/ COUNTY OF //eriVR; c a , to -wit:
The foregoing Declaration of Easement and Private Improvement Maintenance
Agreement was acknowledged before me this = day of July, 2020 by The Most Reverend
Barry C. Knestout, Bishop of the Catholic Diocese of Richmond, Virginia.
My Commission expires: y -0.7a z i
Notary Number: a s si s y
Notary Public
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