HomeMy WebLinkAboutSUB202000201 Correspondence 2021-04-23 (2)Prepared by: Albemarle County Attorney's Office
Albemarle County Parcel ID Nos. 055EO-01-32-06400, 055EO-01-32-06600, OS5EO-01-32-06700
055EO-01-32-06800, 055EO-01-32-06900, 055EO-01-32-07000
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the
"Declaration") is made this _ day of 2021, by MARCH MOUNTAIN
PROPERTIES, L.L.C., a Virginia limited liability company (hereinafter, the "Declarant
whose address is 1005 Heathercroft Circle, Suite 100, Crozet, Virginia 22932.
WHEREAS, the Declarant is the owner of Lots 64, 66, 67, 68, 69 and 70 in Block 32, Phase
2, Old Trail in Albemarle County Virginia (the "Pro a "), as well as the adjacent parcels shown
in part on the Plat (as defined blow) as Albemarle County Parcel ID Nos. 05500-00-00-103FO and
055EO-01-00-000RO;
WHEREAS, Declarant desires to subdivide Lot 64, create New Lot 65 and adjust the
boundaries of Lots 66-70, as shown and described on a plat by Roudabush, Gale & Associates,
Inc., dated April 5, 2021, last revised 2021, which plat is recorded immediately
prior hereto (the "Plat") in the Circuit Court Clerk's Office of Albemarle County, Virginia; and
WHEREAS, the variable width private right-of-way shown on the Plat as "New Bishopgate
Place" (hereinafter, the "Street") is for the emergency use and benefit of all the lots in Block 32 of
Old Trail Subdivision (collectively, the "Lots").
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby imposes the following obligations upon all of the Lots:
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 of Albemarle, Virginia: sixteen feet (16') 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 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
t
(2830425-1, 112880-00001-031
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 owners of the Lots shall be equally responsible for the cost
of the maintenance of and/or repair to the Street, from Bishop Gate Lane to U.S. Route 250 as
shown on the Plat. Any further division of the Property 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. It is anticipated that the Street will be primarily maintained by the Old Trail
Community Association, Inc., a Virginia non -stock corporation, pursuant to the Declaration of
Covenants and Restrictions of Old Trail dated December 10, 2004, which is of record in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 2887, page
336 (as the same may be amended and supplemented from time to time).
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its
behalf by its duly authorized agent.
SIGNATURE PAGE FOLLOWS
(2830425-1, 112880-00001-031
WITNESS the following signature and seal:
MARCH MOUNTAIN PROPERTIES, L.L.C.,
a Virginia limited liability company
IC
Name:
Title: Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
to -wit,
The foregoing instrument was acknowledged before me this _ day of 2021,
by as Manager of March Mountain Properties, L.L.C., a
Virginia limited liability company.
Notary Public
My Commission Expires:
Commission No.:
3
{2830425-1, 112880-00001-031