HomeMy WebLinkAboutSUB202100080 Other 2021-06-07Prepared By: J. Addison Barnhardt (VSB#83132)
Grisham & Barnhardt
414 E. Market Street, Suite D
Charlottesville, VA 22902
Tax Map/ Parcels: 08600-00-00-06400
08600-00-00-06700
08600-00-00-06800
08600-00-00-06900
08600-00-00-07000
08600-00-00-07100
08600-00-00-07200
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this 4th day of June, 2021, by BUNDORAN
FARM COMMUNITY ASSOCIATION, INC, a Virginia non -stock corporation
(hereinafter, the "Declarant").
WHEREAS, the Declarant is the owner's association responsible for the
maintenance of a certain private access easement called "Winsome Orchard Lane," which
currently encumbers Albemarle County Parcel IDs #08600-00-00-06400;
#08600-00-00-06700; #08600-00-00-06800; #08600-00-00-06900; #08600-00-00-07000;
#08600-00-00-07100; #08600-00-00-07200 (hereinafter, the "Properties");
WHEREAS, the Declarant intends to expand Winsome Orchard Lane from a 30'
private access easement to a "New 40' Private Access Easement," as shown and
described on a plat by Roudabush, Gale & Assoc., Inc., dated April 23, 2021, a copy of
which is attached hereto and incorporated herein by reference (hereinafter, the "Plat");
and
WHEREAS, Winsome Orchard Lane is for the non-exclusive ingress and egress
to State Route 696 for the use and benefit of the Properties, 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 Properties:
1. MINIMUM STANDARD: Winsome Orchard Lane 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 16 foot wide travelway with
prime and triple seal and a 13 foot asphalt travelway as shown on plans approved by
Albemarle County on May 17, 2021. 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 expansion of Winsome Orchard Lane, any further
construction, maintenance or repair shall be undertaken only by the Declarant, in
accordance with the Community Charter for Bundoran Farm.
4. COST OF MAINTENANCE: The Declarant shall be responsible for the cost of the
maintenance of Winsome Orchard Lane.
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.
IN WITNESS WHEREOF, the Declarants have caused this Declaration to be
executed on their behalf by their duly authorized agents.
t•
Bundoran Farm
Community Association, Inc.
By:
Title:
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE, to -wit:
The foregoing Declaration was
acknowledged before me this ____ day of ___________1 2021, by
My commission expires:
Notary Public
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