HomeMy WebLinkAboutSUB202000105 Agreements 2020-07-22Prepared by FORBES R. REBACIC, ESQ.
VSB # 07826
420 Park Street
Charlottesville, VA 22902-4738
Albemarle County Parcel ID # 07200-00-00-00140
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this M day of July, 2020, by MILLER
FARM LANE LLC, a Virginia limited liability company (hereinafter, the "Declarant),
whose address is P. O. Box 331, Free Union, VA 22940;
WHEREAS, the Declarant is the owner(s) of a parcel of land known as Albemarle
County Parcel ID PARCEL 07200-00-00-0140, containing 7.00 acres, more or less, as
shown on plat of record in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book 943, page 249; and
WHEREAS, Albemarle -County Parcel ID PARCEL 07200-00-00-00140 is being
subdivided by the Declarant into Lot 1 and Lot 2, containing 4.00 acres and 3.00 acres,
respectively, as shown and described on a plat by Roger W. Ray & Assoc., Inc., dated
May 18, 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 easement for ingress and egress easement from Miller School Road (State
Route 635) (hereinafter, the "Street") for the use and benefit of Lot 1 and Lot 2 as shown
on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, he Declarant hereby imposes the following obligations
upon Lot 1 and Lot 2:
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 it
was in when approved by the County. The Street has been constructed as shown on
the Plat. It is paved with asphalt for its entire length. The pavement is twenty (20)
feet in width from its intersection with State Route 635 in an easterly direction for
approximately fifty-two (52) feet and thence twelve (12) feet in width to its
intersection with the western boundary of Lot 2, a distance of approximately 673.34
feet. The Street shall be maintained from the intersection with Miller School Road
(State Route 635) to the existing driveway of the house on Lot 1, a distance of 52 feet
as shown on the Plat with a minimum width of twenty (20) feet and the balance of the
street to its intersection with the western boundary of Lot 2 as shown on the Plat, a
distance of approximately 673.34 feet with a minimum width of twelve (12) feet of
1
asphalt pavement (or a superior surface as agreed to in the future by supplemental
declaration) and maintained in perpetuity to substantially the same condition it was in
when approved by the County. 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 of Lot 1 shall be solely responsible for the
cost of maintenance and/or repairs to the Street from the entrance on Miller School
Road for a distance of 52 feet as shown on the Plat. After the first 52 feet, the owners
of Lots 1 and 2 shall be equally responsible for the cost of the maintenance of and/or
repair to the balance of the Street to the western boundary of Lot 2 as shown on the
Plat. Any further division of Lot 1 shall require the reassessment of cost to be equally
shared by all owners using the Street. No public agency, including the Virginia
Department of Transportation and the County of Albemarle, Virginia, will be
responsible for maintaining any improvements identified herein.
2
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.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
Miller Farm Lane LLC, a Virginia
Limited Liability Company
I�
Ulm
STATE OF VIRGINIA
CITY OF CHARLOTTESVILLE
The foregoing Declaration as acknowledged before me thisaAA
S,n day of
2020 by Mark F. Lyons and Page R. Flannery, the Members of Miller Farm Lane, LLC,
on behalf of the company.
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My COMMISSION
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Notary Public r
My commission expires: '160 &( L
Notary ID Number:
Instrument Type
Instrument #
Book/Page:
# Plat Pages:
1st Grantor
1st Grantee
Description:
Consideration:
Official Receipt
Albemarle Circuit Court
Jon R. Zug
501 E. Jefferson St
Charlottesville, VA 22902
(434)972-4083
Receipt For: FORBES R REBACK ESQ
Cashier: MEB
DEC
202000009445
05355 / 0684-00691 Pages : 8
2
MILLER FARM LANE LLC
MILLER FARM LANE LLC
6.999 ACRES
0.00 Assumed Value: 0.00
Receipt # : 2020-061292
Date : 07/23/2020 01:43pm
Document: 1 of 1
Ex: N
Ex: N
Pct : 100.00%
1st City: Y
Item #
Description_
City
Unit Cost
Extended
035
VOF
1
3.00
_
3.00
301
Clerk 1-10 Pages
1
14.50
14.50
145
VSLA
1
3.50
3.50
106
TTF
1
5.00
5.00
301
Clerk Fee
2
13.50
27.00
145
VSLA
2
3.50
7.00
106
TTF
2
5.00
10.00
Document 1
70.00
Grand Total
70.00
Check 1806
-70.00
Balance
0.00
Customer Copy