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HomeMy WebLinkAboutSUB201900057 Agreements 2020-02-13 Albemarle County Parcel ID #07000-00-00-48B l . PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this 4th day of February, 2020, by ELI R. LOVELL and KATHLEEN D LOVELL, husband and wife (hereinafter called the Declarants). WHEREAS, Declarants are the owners of a parcel of land known as Albemarle County Parcel ID#07000-00-00-48B; WHEREAS, Albemarle County Parcel ID #07000-00-00-48B is being subdivided by the Declarants into "Parcel 3" and "TM 70-48B Revised," as shown and described on a plat by Tom Shumate Surveyor, Inc., dated April 5, 2019 and last revised January 21, 2020, a copy of which is hereto attached and made part of this Agreement (hereinafter, the "Plat"); and WHEREAS, the access easement shown on the Plat as "Proposed 30' Private Street Easement" will be a new 30 foot non-exclusive ingress and egress easement (hereinafter the "Street") for the use and benefit of TM 70-48B Revised and Parcel 3 shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarants hereby impose the following obligations upon County TM 70-48B Revised and Parcel 3. 1. MINIMUM STANDARD: The Street shall be maintained in perpetuity to a standard that, at a minimum, ensures that it will remain m substantially the same condition it was in when approved by the County: an eight foot wide gravel base or a superior surface as agreed to in the future via supplemental declaration. 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 pnvate 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 1 d 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(s) of TM 70-48B Revised and Parcel 3 shall be equally responsible for the cost of the maintenance of and/or, repair to the Street, from the entrance off Plank Road to the separation into distinct driveways. Any further division of TM 70-48B Revised and Parcel 3 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. IN WITNESS WHEREOF, the Declarants has/have caused this Declaration to be executed on their behalf by their duly authorized agent(s). 2 4 bt f A-tylib ELI R.LOVELL COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing Declaration was acknowledged before me this re—"day of --161114411646112"1144144EARYDEHAvEN ROSSON Notary Public Commonwealth of Virginia Registration No. 7706113 My Commission Expires Nov 30. 2020 Notary Pu tic My commission expires: /i 1/ 30 Za ZO KATHLEEN D.LOVELL COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing Declaration was acknowledged before me this /3f�' day of Ft-ul , 2020,by Kathleen D. Lovell. a-, �— a — a ,� — - '.'. �J EMIIYNotar VPu R�OSSON 6� rotary Public Commonwealth of Virginia �� Registration No 7706113 Notary�ublic / My Commission Expues Nov 30 ?0?� J ccommission expires: ��. 3 v ZD2& n 3