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HomeMy WebLinkAboutSUB202000064 Other 2020-09-04 (2)Tax Map Parcel Nos.: 09000-00-00-02800 Prepared by and Return to: Collison F. Royer (VSB 65893) Royer Caramanis PLC 200-C Garrett streat Charlottesville, Virginia 22902 PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT*MAINTENA ICE DECLARATION (hereinafter, the "Declaration") is made this � of 2020, by STANLEY MARTIN COMPANIES, LLC, a Mary Id limited liability company, referred to hereinafter as "Declarant'; and SPRING HILL VILLAGE OWNERS ASSOCIATION, INC., a Virginia non -stock corporation, referred to hereinafter as "Association". WHEREAS, Declarant is the owner of all those certain tracts or parcels of land located in Albemarle County, Virginia (the "County"), shown as Lots 1 through 100 (inclusive), "Alley A" (the "Alley"), "Berwyn Lane," "Sheridan Street," "Loyola Way," (together, the "Private Streets"), "Open Space A", "Open Space B", "Open Space C", "Open Space D", "Open Space E", and "Open Space F" on that certain subdivision plat prepared by Roudabush, Gale & Associates, Inc., dated January 21, 2020, last revised September 1, 2020 and entitled "Plat Showing Subdivision of Spring Hill Village Scottsville District, Albemarle County, Virginia" (the "Plat"), which Plat was recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book page WHEREAS, said land, together with such additional lands as shall be subjected to this Declaration from time to time, is referred to collectively as the "Property". WHEREAS, the Alley as shown on the Plat is to be a new or existing 30-foot-wide non-exclusive ingress and egress easement (hereinafter, the "Alley") for the use and benefit of all of the Property as shown on the Plat. WHEREAS, the Private Streets as shown on the Plat are to be a new or existing variable width non-exclusive ingress and egress easement (hereinafter, the "Private Streets") for the use and benefit of all of the Property as shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes the following obligations upon the Property: 1. MINIMUM STANDARD: The Alley 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 30-foot-wide asphalt travelway. The Private Streets shall be maintained in perpetuity to a standard that, at a minimum, ensures that they will remain in substantially the same condition they were in when approved by the County: a variable width asphalt travelway. The travelway shall at all times be maintained so that they are safe and convenient for passenger automobiles and emergency vehicles 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 Alley and Private Streets, any further construction, maintenance or repair shall be undertaken by the Association, provided that in the event that (a) one or more of the owners reasonably 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) the Association 30 days prior written notice and the Association fails to undertake to remedy the defect, such owner(s) may commence or contract to bring the Street to the minimum standard, and the resulting costs shall be the responsibility of the Association. 4. COST OF MAINTENANCE: The Association shall be responsible for the cost of the maintenance of and/or repair to the Alley and Private Streets. The Association shall collect the funds necessary for the cost of maintaining the improvement. Pursuant to the applicable Declaration of Protective Covenants, Conditions, Restrictions and Easements, the Association may record a lien against a non-contributing landowner, bring an action at law to collect the funds, or both. 5. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. [The remainder of this page intentionally left blank. Signatures follow on the next page.] 2 I7V WITNESS WHEREOF, the undersigned have executed this instrument as of the date above. STANLEY MARTIN COMPANIES, LLC, a Maryland limited liability company By: ILU�A�K-vK� 0li�,II,Xil/1 Name: L6LUiM A* LKd Title: pns STATE OF i 1✓1 % GL,: COUNTY OF ✓ to -wit: The foregoing mstrmen as acknowledged before me this day of S 4(r 2020, by 14I/r"*l air. Car1 , the prYtsto" D"4 e.f CGrnr[af#4yg( Stanley Martin Companies, LLC, oA behalf of said limited liability company. / 9b NA1��` PUB C My commission expires: S �� 20aZ ��� Notary Registration No. �7_71 3-7 OGregory Patrick ODonnell NOTARY PUBLIC . commonwealth of Virginia Reg. # 7773760 My commission Expires March 31, 2022 SPRING HILL VILLAGE OWNERS ASSOCIATION, INC., a Virginia non - stock coroorata�n 0 N Title: / STATE OF V%:25104t COUNTY OF td1GN`�Q. to -wit: The foregoing instnlment was acknowl ged before me s day of tvi 2020, by �QfC�IZtL/ Ji. k �j / P -for on behalf of said Spring Hill Village Owners Association, Inc. NO R PUB IC My commission expires: �31 , 2©rZ Gregory Patrick oDonnell Not Registration No. �� �1 NOTARY PUBLIC Notary gl Commonwealth of Virginia Reg. 7773760 My Commission Expires March 31, 2022