HomeMy WebLinkAboutSUB202000218 Agreements 2021-02-15 (2)Prepared by
Peter J. Caramanis (VSB No. 43447)
Royer Caramanis PLC
200-C Garrett St.
Charlottesville, VA 22902
Albemarle County Parcel ID # 27-46A
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this J5A of - Doti , 2021, by
HUGH N. CLARK, III and CHARLOTTE B. CLARK, husband and wife
(hereinafter, the "Declarant(s)"), whose address is P.O. Box 713, Crozet, Virginia 22932.
WHEREAS, the Declarant(s) is/are the owner(s) of a parcel of land known as
Albemarle County Parcel ID 27-46A (the "Property"); and
WHEREAS, the Property has been subdivided by the Declarant(s) to create an
additional lot shown and described as "Lot 1" on a plat by Roger W. Ray & Assoc, Inc.,
entitled "Family Subdivision Plat Lot 1, Containing 3.00 Acres A Portion of the Property
of Hugh N. Clark, III and Charlotte B. Clark Located on Tucked Away Farm and State
Route 674 (Clark Road)," dated November 12, 2020, and recorded in the Circuit Court
Clerk's Office of the County of Albemarle immediately prior hereto (hereinafter, the
"Plat"); and
WHEREAS, the access easement shown on the Plat as "New 30' Private Street
Easement" is a thirty foot wide, perpetual, non-exclusive ingress and egress easement
(hereinafter, the "Easement") for the use and benefit of "Lot 1" as shown on the Plat.
("Lot 1" ).
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant(s) hereby impose(s) the following
obligations upon Lot I
MINIMUM STANDARD: The driveway within the Easement (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; namely, a
12' wide base of gravel or a superior surface as agreed to in the future by the Owners
of the Property and Lot I via supplemental declaration. The Street 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 any and all curbs, curbs and gutters,
drainage facilities, utilities, dams, bridges and other private street improvements,
which may exist within the Easement, 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 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 owner of Lot I shall be responsible for the cost of
the maintenance of and/or repair to the Street for so long as such owner is the sole
user of the Street. To the extent the Street is used for ingress and egress to other lots
in the future, the owners of all lots permitted to use the Street for access to their lots
shall share in the cost of maintenance and/or repair of the Street equally.
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 page to follow]
IN WITNESS WHEREOF, the Declarants have executed this Declaration.
(SEAL)
Hugh N. Clark, III
(SEAL)
Charlotte B. Clark
COMMONWEALTH OF VIRGINIA
—CaY7COUNTY OF A C,5mA C- , to wit:
The foregoing instrument was acknowledged before me this Z day of
2021, by Hugh N. Clark, Ill, Grantor.
"hat--'U Z.,
otary Public
NotarylD No. 18 y57
My Commission expires: 30 ; 0 -
COMM9NWEALTH OF IRGINIA
/COUNTY OF pL tAg to wit:
The foregoing instrument was acknowledged before me this � day of Ebwe
2021, by Charlotte B. Clark, Grantor.
d
/ Votary Public �
Notary ID No. 1I
My Commission expires: 3fl /,to ,2