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Home My WebLink AboutSUB201900185 Correspondence 2019-12-09 (2) Christopher Perez From: Christopher Perez Sent: Monday, December 9, 2019 3:46 PM To: Andy Herrick Subject: RE:SUB201900185 Kyger-Two lot subdivision Attachments: kyger.doc; PLAT SUB201900185 Kyger-Two lot subdivision.pdf Andy, SUB201900185 Kyger-Two lot subdivision Attached is a revised private street maintenance agreement using our template. Also, attached is a copy of the plat. Please review. Christopher Perez I Senior Planner Department of Community Development I County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From:Andy Herrick<aherrick@albemarle.org> Sent:Wednesday, December 4, 2019 3:27 PM To:Christopher Perez<cperez@albemarle.org> Subject: RE:SUB201900185 Kyger-Two lot subdivision Christopher, Though this Agreement addresses many of die requirements of County Code§ 14-317, it unfortunately misses at least three requirements of subsection (A) (and a fourth from subsection (C)): 3. [F]or a private street, shared driveway, or alley, die instrument also shall state substantially as follows: "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." 4. If die instrument pertains to the maintenance of one or more private streets, alleys or shared driveways, it shall define "maintenance" by stating substantially as follows: "For purposes of tlus instrument, `maintenance' includes die maintenance of die private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and die prompt removal of snow,water, debris, or any other obstruction so as to keep die private street or alley reasonably open for usage by all vehicles, including emergency services vehicles." 5. Describe die condition of die improvement when it was approved by die county if die improvement was installed prior to die agent signing die plat or the condition it is to be in when die surety was released as provided in section 14-436. C. For purposes of this section, die term"to maintain," or any derivation of that verb, includes die maintenance, replacement,reconstruction and correction of defects or damage. The owner may have been using a dated form. We might instead refer die owner to the current template, which includes all die required provisions. Let me know if you need anything else from me in die meantime. Thanks. 1 • Andy Herrick Deputy County Attorney Notice:This email may contain attorney-client privileged information,privileged work product,or other confidential information.It is intended only for the designated recipient.If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake.Thank you. From:Christopher Perez<cperez@albemarle.org> Sent: Monday, December 2, 2019 4:06 PM To:Andy Herrick<aherrick@albemarle.org> Subject:SUB201900185 Kyger-Two lot subdivision Andy, SUB201900185 Kyger- Two lot subdivision Please find attached a pdf copy of the Private Street Maintenance Agreement for the above ref project for your review. Also, attached is a copy of the plat. Christopher Perez I Senior Planner Department of Community Development I County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 2 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 IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") 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 a portion of Tax Map #03100- 00-00-059D2, also 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 access easement shown on the Plat is to be a new Fifty Feet wide (50') wide non-exclusive ingress and egress easement(hereinafter the"Street") for the use and benefit of Lots 2 and 3 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 Lots 2 and 3: 1. MINIMUM STANDARD: The easement 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, i.e. a 50 foot wide base of gravel or a superior surface as agreed to in the future via a 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 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 temporary weather conditions), and (b) such owner gives 30 days prior written notice to all other owners using the Street,such owner 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: 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 each 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(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 Lots#2 and 3 shall be equally responsible for the cost of the maintenance of and/or repair from the Intersection of State Route 663 and the Street, to the end of the Street at the southwest property line of Lot 3. Any further division of Lots# 2 and 3 shall require the reassessment of cost to be equally shared by all owners using the Street. 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 executed this Easement and Private Improvement Maintenance Declaration: (SEAL) Shirley A. Kyger 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 Notary Public (SEAL) Patricia Ann Kyger White STATE OF VIRGINIA CITY/COUNTY OF ,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: Notary Number: Notary Public