HomeMy WebLinkAboutSUB201900185 Agreements 2019-11-25 This Document Prepared by Mary-Susan Payne,Esquire
1800 Diary Road,Charlottesville, Virginia 22903
Virginia State Bar#23512
Portion of Tax Map #03100-00-00-059D2
This EASEMENT and PRIVATE ROAD MAINTENANCE AGREEMENT
(hereinafter,the "Agreement") is made this day 25th of November, 2019,by SHIRLEY A.
KYGER and PATRICIA ANN KYGER WHITE (hereinafter, the "Declarants"), whose
address is 60 Buck Mountain Road,Earlysville, Virginia 22936.
WHEREAS, the Declarants are the owners of certain lots or parcels of land lying and
being situate in the County of Albemarle,Virginia,known as Lot 2 located on the northeast
side of State Route 663, containing 5.25 acres, and Lot 3 which borders Lots 1 and 2 and
contains 6.57 acres, as shown and described on a plat by Roger W.Ray&Associates,Inc.,
dated November 6,2019, a copy of which is hereto attached and made part of this
Agreement(hereinafter,the "Plat"); and
WHEREAS,the Declarants wish to create an Easement for ingress and egress for the use
and benefit of the Owners of Lots 2 and 3 as shown on the aforesaid survey of Roger W. Ray
&Associates,Inc. attached hereto and recorded herewith;
NOW,THEREFORE,for and in consideration of the premises and the sum of Ten and
No/100 Dollars($10.00) cash in hand paid,and other good and valuable consideration,the
receipt'of which is hereby acknowledged,the Declarants do hereby GRANT and CONVEY with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto themselves, their
successors and assigns, an exclusive driveway easement fifty feet(50')in width from State
Route 663, also known as Buck Mountain Road, for vehicular ingress and egress,as well as for
repair and maintenance of the access easement for Lots 2 and 3,as shown on said plat.
The Declarants declare and covenant as follows:
(1) The easement herein granted ion intended to provide a fifty foot(50')wide
private road for the use of Lots 2 and 3.
(2) The easement shall be perpetual,appurtenant to and run with the land and be for
the exclusive benefit of the Owners of Lots 2 and 3, and their successors and assigns in interest.
(3) The easement shall be commonly maintained in perpetuity to a standard that,at a
minimum, insures that it will remain in substantially the same condition as it was when approved
by Albemarle County. Such easement shall be sufficient for emergency vehicles and typical
passenger vehicles to pass at all times. Repair and maintenance(collectively referred to herein
as"Maintenance")of the roadway within the Easement shall include,but not be limited to,
repairing the road surface, adding stone,clearing obstructions,grading or scraping the road as
necessary,cleaning or re-cutting ditches as necessary,trimming brush along the roadside,
removing snow,unplugging or opening culverts or drainpipes,and performing any and all other
necessary maintenance required to maintain the road in a condition that will allow for reasonable
and safe access of standard passenger vehicles.
(4) Any maintenance shall be performed when the owners of the said lots shall so agree in writing,provided
that in the event that if one of the owners determines that the road is not safe and convenient for passenger
automobiles and emergency vehicles at all times(except in severe temporary weather conditions),such owner
give 30 days prior written notice to all other owners using the road, such owner may commence or
contract to bring the mad to the minimum standard,and the resulting costs shall be the responsibility of all
owners using the road.
(5) The owner of Lots 2 and 3 shall be equally proportionally responsible for the cost
of the maintenance of repair from State Route 663 to the entrance of the driveway for Lot 2,
with Lot 3 having sole responsibility for the cost of the maintenance and repair from the
entrance to the driveway for Lot 2 to the property line of Lot 3.
(6) Each Owner arranging for or contracting for the construction,maintenance or repair of
any of the improvements shall keep and maintain, at a location within the Commonwealth of
Virginia,complete and accurate records of the costs of such construction,maintenance or repair.
Each Owner required to pay a share or all of such costs shall have the right to review and copy
such records relating to such work at the cost of the reviewing Owner.
(7) If any owner fails to pay their proportionate share of the costs of maintenance or
repair for which they are responsible,as provided hereinabove,any other owner not in default
or the person or corporation performing such maintenance may,after 30 days written notice to
the defaulting parcel owner,bring an action of law against the defaulting parcel owner 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 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.
No public agency, including the Virginia Department of Transportation and the County of
Albemarle,Virginia,will be responsible for maintaining any improvement identified herein.
WITNESS the following signatures and seals:
L � (SEAL)
Shiley A. rzlAt
STATE OF VIRGINIA
CITY OF CHARLOTTESVILLE,to-wit:
The foregoing Declaration of Easement and Road Maintenance Agreement was
acknowledged before me this 25th day of November,2019 by Shirley A. Kyger
My Commission expires: 12/31/22
Notary Number: 4164407
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Patricia Ann Kyger White
STATE OF VIRGINIA
CITY/COUNTY OF �/✓r 'l i'V't 45b ,to-wit:
The foregoing Declaration of Easement and Road Maintenance Agreement was
acknowledged before me this,' day of November,2019 by Patricia Ann Kyger White.
My Commission expires: //_3 D
Notary Number: ri() Y
STEVEN LOUIS PIERCE Notary Public
NOTARY PUBLIC
REG.87622884
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES NOVEMBER 30,2023