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HomeMy WebLinkAboutSUB202100005 Agreements 2021-02-25202000016941 PG 001 BK 05431 PG 0074 Prepared by: Tucker Griffin Barnes 307 West Rio Road Charlottesville, Virginia 22901 Title Insurance Underwriter: Old Republic National Title Insurance Company Consideration: $1.00 Tax Map and Parcel Numbers: 046B4-00-00-00700 (Albemarle County) 046B4-00-00-007A0 046B4-00-00-007B0 046B4-00-00-007C0 PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this of Q }Q$pl?G1 2020, by HIGHLIFE, LLC, a Virginia limited liability company, whose address is 307 Rio Road West, Charlottesville, Virginia 22901, HIGHLIFE OFFICE, INC., a Virginia corporation, whose address is 307 Rio Road West, Charlottesville, Virginia 22901, and HIGHLIFE TOWNHOMES, INC., a Virginia corporation, (collectively hereinafter, the "Declarants"). WHEREAS, the Declarants are the owners of the parcels of land (hereinafter the "Property"), located in Albemarle County, Virginia, more particularly described as follows: ALL those certain parcels of land shown as "TMP 46B4-7", "TMP 46B4-7A", "IMP 46B4-7B", and "TMP 46134-7" on that certain plat titled "Easement Plat, Timberwood Square, Tax Map 46134, Parcels 7, 7A, 7B & 7C, Rivanna District, Albemarle County, Virginia" prepared by Roudabush, Gale & Associates, Inc. dated November 25, 2019, last revised August 4, 2020, a copy of which is attached hereto and recorded herewith; and NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarants hereby impose the following obligations upon the Property: MININIUM STANDARD: The TIMBERWOOD SQUARE POA (the "POA") shall maintain the following improvements 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: i) private sewer laterals and private water lines; ii) storm drainage facilities; iii) sidewalks and parking areas; iv) landscaping including street trees (excepting those outside of a common area); and v) all improvements within Common Areas, including playground facilities and other structures, if any. That condition is as follows: The open and recreation space (Common Areas) shall consist of 75,516 square feet of active and passive recreation areas including a 3,311 square foot fenced tot lot. Private drainage facilities shall consist of a system of drainage lines. Private sewer and water utilities shall consist of those utilities not maintained by ACSA, as depicted on the attached plat. 202000016941 PG 002 DEFINITIONS: For purposes of this instrument, "maintenance" includes the maintenance of the private sewer laterals, private water lines, storm drainage facilities, trails, landscaping and street trees, and all improvements within Common Areas. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. "Common Areas" shall mean those tracts of land with any improvements thereon which are deeded to the POA and designated in such deed or lease as "Common Areas". The term "Common Areas" shall also include any personal property acquired or leased by the POA if such property is designated as Common Areas. All Common Areas are to be devoted to and intended for the common use and enjoyment of the Members of the POA, their guests and visiting members of the general public (to the extent permitted by the Board of Directors of the POA) subject to the fee schedules and operating rules adopted by the POA. Specifically, TMP#46B4-7B, consisting of 1.226 acres, shall be a Common Area deeded to the POA. WHEN TO MAINTAIN: The Common Areas shall be maintained by the POA, upon its incorporation, on a regular and continuous basis so as to insure that the Common Areas are kept in a state consistent with the final construction as accepted by the Declarants and Albemarle County. 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. COST OF MAINTENANCE: The POA shall be responsible for the cost of the maintenance of these private improvements and Common Areas. The POA shall be funded for such maintenance through assessments of the owners of the Property. Any further division of the Property shall require the reassessment of cost to be equally shared by all owners using the private improvements. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. [Remainder of Page Intentionally Blank — Signature Pages to Follow] 202000016941 PG 003 IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed on their behalf their duly authorized agent. DECLARANT: HIGHLIFE TOWNHOMES, INC. &)p„a By: William D. Tucker, III Its: President COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before me this2pday of O& , b , 2020 by William D. Tucker, III, its president, a P Grantor.AAA /� I/ B\\ae B0ia 80Aa10898J Y Notary Public Q- °••°" My Commission Expires: Registration number: HIGHLIFE OFFICE, INC. ae��e€a4 ' A) Yl.21 By: William D. Tucker, III Its: President COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before me this 2020 by William D. Tucker, III, its president, a Partial tgr. My Commission Expires: 1 �1��g Registration number: 10?A59"/ of 003vD, 202000016941 PG 004 HIGHLIFE, LLC W . By: William D. Tucker, IIf its: Manager COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before me this day of 2020 by William D. Tucker, III, its Manager, a Partial Gr. tor. Nta My Commission Expires: ��� ti f: m m'>;,' Registration number:( " , V/A e®©N �g TIMBERW OOD SQUARE POA By: William D. Tucker, III Its: President COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing instrument was acknowledged before me this'.`t' day of, 2020 by William D. Tucker, III, its president, a Partial r Nr. /y ases:e�R My Commission Expires: Registration number: 202000016941 PG 005 INSTRUMENT # 202000016941 E-RECORDED IN THE CLERK'S OFFICE OF ALBEMARLE ON NOVEMBER 23, 2020 AT 10:11AM JON R. ZUG, CLERK RECORDED BY: MEB