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Home My WebLink AboutSUB202000063 Correspondence 2020-06-17 - Christopher Perez From: Christopher Perez Sent: Wednesday,June 17, 2020 9:46 AM To: Gwen Lacy Cc: Ashleigh Pivonka Subject: RE. SUB202000063 Appledore, LLC - 2 lot division Gwen, SUB202000063 Appledore,LLC -2 lot division The above referenced plat has been approved and is ready for recordation. Please pickup the plat. Our lobby hours are Monday,Wednesday, and Friday from 8:30am to 4pm. 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:Gwen Lacy<gwen@raysurveying.com> Sent: Friday,June 12, 2020 9:40 AM To:Christopher Perez<cperez@albemarle.org> Cc:Ashleigh Pivonka<APivonka@zmc-law.com> Subject: Re:SUB202000063 Appledore, LLC-2 lot division `CAUTION:This message'originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. i Good morning Chris, I just dropped off the plats for final signatures. Please let me know when they are ready to pick up and I will deliver them to the Attorney's office for recording. Thanks and have a good weekend. Gwen Gwen Lacy Roger W. Ray&Assoc., Inc. Land Surveying- Land Planning 663 Berkmar Court Charlottesville,Virginia 22901 (434) 293-3195 raysurveying.com 'From: Christopher Perez 'Sent:Thursday, June 11, 2020 9:46 AM To: Gwen Lacy _ 1 !Cc: Ashleigh Pivonka [Subject: SUB202000063 Appledore, LLC - 2 lot division _ Gwen, SUB202000063 Appledore, LLC-2 lot division The County Attorney has approved the revised private street maintenance agreement.The plat is now ready for County approval.Please have the owners sign and notarize the plat. Submit a minimum of 2 copies for County approval. Once submitted please let me know they have been submitted so.I can look for them and start the process to get them approved. Our lobby hours are Monday,Wednesday, and Friday from 8:30am to 4pm. Thanks 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: Gwen Lacy<gwen@raysurveying.com> Sent:Tuesday,June 9,2020 2:51 PM To:Christopher Perez<cperez@albemarle.org> Cc:Ashleigh Pivonka<APivonka@zmc-law.com> Subject: Fw:Appledore LLC CAUTION:This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Chris, Please find attached the revised RMA for the Appledore Subdivision Plat (SUB2020-63). - Once you have had a chance to review it, please let us know if the plat is ready for county signatures. Thanks and have a good afternoon. Gwen Gwen Lacy Roger W. Ray&Assoc., Inc. Land Surveying- Land Planning 663 Berkmar Court Charlottesville, Virginia 22901 (434) 293-3195 raysurveying.com ;From: Ashleigh Pivonka !Sent: Tuesday, June 9, 2020 2:34 PM To: Gwen Lacy ; Christopher Perez ;.Heather Glass Cc: Blair Turner ; Richard Carter ; Genevieve Verlaak [Subject: RE-Appledore LLC Gwen, 2 I've attached the updated RMA(that accept the County's changes and comply with Mr. Herrick's request). I've attached two versions.The first document is the redline version and the second is the clean version. Thank you, again,for all your assistance. Best, Ashleigh Ashleigh M. Pivonka Attorney at Law ZUNKA,MILNOR,&CARTER,LTD. 414 Park Street P.O. Box 1567 Charlottesville,VA 22902 Phone: (434)977-0191 Fax: (434) 977-0198 3 Christopher Perez From: Christopher Perez Sent: Thursday,June 11, 2020 9:47 AM To: Gwen Lacy Cc: Ashleigh Pivonka Subject: SUB202000063 Appledore, LLC - 2 lot division Gwen, SUB202000063 Appledore,LLC -2 lot division The County Attorney has approved the revised private street maintenance agreement.The plat is now ready for County approval.Please have the owners sign and notarize the plat. Submit a minimum of 2 copies for County approval. Once submitted please let me know they have been submitted so I can look for them and start the process to get them approved. Our lobby hours are Monday,Wednesday, and Friday from 8:30am to 4pm. Thanks 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: Gwen Lacy<gwen@raysurveying.com> Sent:Tuesday,June 9,2020 2:51 PM To:Christopher Perez<cperez@albemarle.org> Cc:Ashleigh Pivonka<APivonka@zmc-law.com> Subject: Fw:Appledore LLC CAUTION:This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Chris, Please find attached the revised RMA for the Appledore Subdivision Plat (SUB2020-63). Once you have had a chance to review it, please let us know if the plat is ready for county signatures. Thanks and have a good afternoon. Gwen Gwen Lacy Roger W. Ray&Assoc., Inc. Land Surveying- Land Planning 663 Berkmar Court Charlottesville,Virginia 22901 (434) 293-3195 raysurveying.com From: Ashleigh Pivonka !Sent: Tuesday, June 9,2020-2:34 PM To: Gwen Lacy ; Christopher Perez ; 1-!!,_,%ier Glass Cc: Blair Turner ; Richard Carter; Genevieve Verlaak !Subject: RE: Appledore LLC _ _ _ _ _ _ Gwen, I've attached the updated RMA(that accept the County's changes and comply with Mr. Herrick's request). I've attached two versions.The first document is the redline version and the second is the clean version. Thank you, again,for all your assistance. Best, Ashleigh Ashleigh M. Pivonka Attorney at Law ZUNKA,MILNOR,&CARTER,LTD. 414 Park Street P.O. Box 1567 Charlottesville,VA 22902 Phone: (434) 977-0191 Fax: (434)977-0198 2 PREPARED BY: ASHLEIGH M. PIVONKA,VSB #89492 ZUNKA,MILNOR&CARTER,LTD. 414 Park Street Charlottesville,VA 22902 Albemarle County Parcel ID# 054B0-00-00-004A0 PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter,the"Declaration") is made this of June,2020,by Appledore LLC, a Virginia limited liability company(hereinafter, the "Declarant(s)"), whose address is: P.O. Box 517, Ivy,Virginia, 22945. WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Parcel ID# 054B0-00-00-004A0; and WHEREAS, Albemarle County Parcel ID # 054B0-00-00-004A0 is being subdivided by the Declarant into Lot 4A-1 and Lot 4A-2, as shown and described on a plat by Roger W. Ray & Assoc., Inc., dated April 18, 2019 and entitled "Subdivision Plat Lot 4A-1 and Lot 4A-2 A Division of T.M. 54B-4A (Lot 4A,McCue Subdivision) The Property of Appledore,LLC Also New 50'&Variable Width Private Street Easement and New 30' Private Street Easement",which is attached hereto and incorporated herein by reference(hereinafter, the"Lots" and the"Plat"); and WHEREAS, Declarant wishes to declare a perpetual non-exclusive access easement for the benefit of Lot 4A-1 over and through that portion of Lot 4A-2 on which the Street is located, as further shown on the Plat; WHEREAS, the access easement shown on the Plat as "New 30' Private Street Easement"and"New 50' &Variable Width Private Street Easement"(hereinafter,the "Street")is to be a non-exclusive ingress and egress easement to and from State Route 691 (Greenwood Road) for the joint use and benefit of Lot 4A-1 and Lot 4A-2 shown on the Plat. NOW,THEREFORE,for and in consideration of the premises and the undertakings contained herein, the Declarant declares and hereby imposes the following covenants and obligations upon Lot 4A-1 and Lot 4A-2: 1. DECLARATION OF EASEMENT. The Declarant does hereby DECLARE,on behalf of its successors and/or assigns, that Lot 4A-2 shall be burdened by a perpetual and non-exclusive access easement over and across Lot 4A-2 for the benefit of Lot 4A-1, as more particularly shown on the Plat as "New 30' Private Street Easement" and the adjoining"New 50' Variable Width Private Street Easement" for ingress and egress to and from State Route 691 (Greenwood Road) upon terms and conditions contained 1 herein. The location of the Easement and travelway within shall not be expanded in width nor may the intensity of use be increased. 2. MINIMUM STANDARD: The Street shall be maintained in perpetuity to a standard that, at a minimum, ensures that it will remain in substantially the same condition as it exists as of the date of recordation of this instrument, which is as an approximately eleven (11) foot wide base of gravel. The Street shall be of variable width, as described and shown on Plat,with a base of gravel or a superior surface as agreed to in the future by mutual written agreement of the owners of the Lots,there being no obligation imposed hereby to upgrade to such a condition. The travelway shall at all times be maintained so that it is safe and convenient for passenger vehicles and emergency services vehicles at all times except in severe temporary weather conditions. Black fencing along either side of the driveway and at entrance to be installed and painted by owner of Appledore LLC to always remain the same. Future fencing repairs and/or replacements to be made in a similar manner. Maple trees along the driveway and plantings at the entrance to remain identical as installed by the owner of Appledore LLC . Any changes to these will require approval of the owner of TMP#: 054B0-00- 00-00300. 3. _DEFINITIONS: For purposes of this instrument, "owner" means the Declarant and any successors in ownership of each of the Lots. The term"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 reasonably open for usage by passenger vehicles and emergency services vehicles. "Maintenance" also includes the fence and fence boards along the Street, the gates for the Street and plants along said Street. The term "to maintain„" or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. 4. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction,maintenance or repair shall be undertaken only with the mutual written 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 owners gives 30 days prior written notice to the other Lot owner, such owners 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. If any owner, their agent, employee, invitee or licensee causes damage to,the Street other than through ordinary wear and tear, that owner shall be required to promptly repair such damage and bear the cost thereof exclusively. 5. DEFAULTING OWNER(S): If any owners fails 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 owners, 2 bring an action of law against each defaulting parcel owners in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Memorandum of Lien to secure the payment of any defaulting parcel owners' proportional share of maintenance or repair. The amount due by any delinquent owners will bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance. The delinquent owners shall be liable for all costs of collection, including reasonable attorney's fees. 6. COST OF MAINTENANCE: The owners of Lot 4A-1 and Lot 4A-2 shall be equally responsible for the cost of the maintenance of and/or repair to the Street, for the entire length of the new private street easements referred to as "New 30' Private Street Easement" and"New 50' &Variable Width Private Street Easement" as reflected on the Plat, provided that any portion of the Street which benefits solely one Lot or another shall be the responsibility of the owner of the Lot benefitting therefrom. Any further division of Lot 4A-1 and Lot 4A-2 shall require the reassessment of cost to be equally shared by all owners using the Street. 7. The covenants, terms and conditions of this Declaration shall run with the land and insure to the benefit of the Declarant, its successors and/or assigns. 8. 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 caused this Declaration to be executed on its behalf by its Member/Manager. SPACE LEFT INTENTIONALLY BLANK 3 Appledore LLC [SEAL] By: G. Blair Turner Its: Member/Manager STATE OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing Declaration was acknowledged before me this day of , 20 ,by G. Blair Turner on behalf of Appledore LLC, its Member/Manager. Notary Public My commission expires: My notary registration no.: 4