HomeMy WebLinkAboutSUB201900185 Agreements 2019-11-25 (2) C))
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 10 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 Streetto 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 ofLien 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:
(A Yp ' ' �r.� (SEAL)
Shiley A. < 1k
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
%,�° . 't UL M 9 ice.
,��H,,,,r,eus,,,,,, (l�Jotary Public
�`�� pAy�f� sloes lJ
It
am ? ' O :
�y � n ,,,it ii o0
. l
D h , Cam. 12i, L- jEAL)
Patricia Ann Kyger Whltt"
STATE OF VIRGINIA
CITY/COUNTY OF ).14 AA WITESV i LLB. ,to-wit:
The foregoing Declaration of Easement and Road Maintenance Agreement was
acknowledged before me this (, day of December,2019 by Patricia Ann Kyger White.
My Commission expires: ia-31— a
Notary Number: 4.16)4,1 0-
S,, ,,, , N Public
c,
� �( ••
- .c '•. ems.
•�'••..au.••• 4.7
. `vim`
S
'rl.'14;,;i o 93Zrel°-