HomeMy WebLinkAboutSUB202000097 Agreements 2020-11-03Prepared by Peter J. Caramanis (VSB No. 43447, Royer Caramanis PLC,
200-C Garrett St, Charlottesville, VA 22902
Albemarle County Parcel ID # 05600-00-00-057B1 and 05600-00-00-057B3
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this of , 2020, by
GLENBROOK, LLC, a Virginia limited liability company, and STANLEY MARTIN
COMPANIES, LLC, a Maryland limited liability company (hereinafter, collectively, the
"Declarants").
WHEREAS, Glenbrook, LLC is the owner of a parcel of land known as Albemarle
County Parcel ID 05600-00-00-057BI (the "Glenbrook Parcel"); and
WHEREAS, Stanley Martin Companies, LLC is the owner of a parcel of land
known as Albemarle County Parcel ID 05600-00-00-057B3 (the "SMC Parcel"); and
WHEREAS, the Declarants have agreed between them to an easement over the
Glenbrook Parcel for the benefit of the SMC Parcel as an emergency access road, shown
and described as "New 20' Emergency Access Road and Bicycle & Pedestrian Path
Easement" (the "Easement") on a plat entitled "Plat Showing New 20' Emergency Access
Road and Bicycle & Pedestrian Path Easement in Association with Foothill Crossing,
Phase V Subdivision," prepared by Roudabush, Gale & Associates, Inc., dated April 21,
2020 and last revised August 21, 2020 (the "Plat"), recorded in the Albemarle County
Circuit Court Clerk's Office in Deed Book , at page ; and
WHEREAS, the access easement shown on the Plat is to contain a new 20-foot
wide fire apparatus access road (hereinafter, the "Access Road") for the use of emergency
services vehicles.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarants hereby impose the following obligations upon the
Glenbrook Parcel and the SMC Parcel:
MINIMUM STANDARD: The Access Road shall be maintained in perpetuity to a
standard that, at a minimum, ensures that it will remain (a) in substantially the same
condition it was in when approved by the County and (b) compliant with Virginia
Statewide Fire Prevention Code standards for fire apparatus access roads, namely: a
fire apparatus access road (a) with (i) an unobstructed width of not less than 20
feet (6096 mm), exclusive of shoulders, and (ii) an unobstructed vertical clearance
of not less than 13 feet 6 inches (4115 mm),
(b) designed and maintained to support the imposed loads of fire apparatus, and
(e) surfaced with an asphalt paving material so as to provide all-weather driving
capabilities.
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.
Declarants, or their successors, may secure access over the Easement by means of
lockable, removable bollards, to which the County of Albemarle shall have the access
codes or other means to unlock and remove to permit the County's convenient use of
the Easement.
2. DEFINITIONS: For purposes of this instrument, "maintenance" includes the
maintenance of the Easement, the prompt removal of snow, water, debris, or any other
obstruction so as to keep the Easement reasonably open for usage by 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 Access Road, any further
construction, maintenance or repair shall be undertaken by Stanley Martin Companies,
LLC or its assigns whenever the Easement may fall below the Minimum Standard set
forth in Paragraph 1, above.
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: Stanley Martin Companies, LLC, and its assigns,
including an owners' association for the future subdivision on the SMC Parcel, shall
be responsible for the cost of maintenance and repair of the Easement.
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.
[Signature pages to follow]
01
IN WITNESS WHEREOF, the Declarants have caused this Declaration to be
executed on their behalf by their duly authorized agents.
GLENBROOK,LLC
a Virginia limited liability company
By: RIVER BEND MANAGEMENT, INC.,
corporation, its Manager
Alan R. Taylor, Jr.,
COMMONWEALTH OF VIRGINIA )
) TO -WIT
CITY OF CHARLOTTESVILLE )
The foregoing instrument was acknowledged before me,
T.. Gaye- , Notary Public, this IsA day of October, 2020, by Alan R.
Taylor, Jr., who is the President of RIVER BEND MANAGEMENT, INC., a Virginia
corporation, the Manager of GLENBROOK, LLC, a Virginia limited liability company,
who is either personally known to me or has presented identification of a state issued
driver's license, on behalf of the company.
Registration Number: 7,90710;
My commission expires: kl1r, 12,0 2 3
Notary Public
Notary Seal
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NOTARY O '
PUBLIC
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STANLEY MARTIN COMPANIES, LLC
A Maryland limited liability company
STATF. OF y 'g' -1 i (A,
COUNTY OF G/e4t , b✓
The foregoing Private Improvement Maigjenance Decl tion was signed, sworn
to and acknowledged before m� this "� day of P, 2020, by
Ld UW�Ca G C(AV'Kt DN- 1'/r;SHe.- of Stanley Martin Companies, LLC.
otary Rthic
EGre Patrick ODonn H
Notary Registration No. 7� —7 3-7 (PowealthRY uof Vtrginla
.# 7773760
My Commission Expires: ,� � �-� L L.� Expires March 31, 2022