HomeMy WebLinkAboutSUB202000076 Correspondence 2020-05-26 Christopher Perez
From: Christopher Perez
Sent: Tuesday, May 26, 2020 10:27 AM
To: Gwen Lacy
Subject: SUB202000076 Charles G.Sudduth Ill— Rural Division:
Attachments: Sudduth - Private Improvment Maintenance Declaration TMP 22-12A 22-14 22-9.pdf;
SUB202000076 Plat 2020-05-04 (1).pdf
Gwen,
SUB202000076 Charles G. Sudduth III—Rural Division
The private street maintenance agreement needs to be revised so that the plat date shown on page 1 (April 7,
2020)matches the second Whereas clause of the agreement. Once that correction is made,this agreement
should be good to go.
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
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Prepared by: J Addison Barnhardt(VSB#83132)
Grisham&Barnhardt,PLLC
414 East Market Street,Suite D
Charlottesville,VA 22902
Tax Map/Parcel:22-12A,22-14 and 22-9
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this 18th of May, 2020, by CHARLES G.
SUDDUTH, III, TRUSTEE OF THE CHARLES G. SUDDUTH, JR. REVOCABLE
TRUST U/A DATED MARCH 20, 2015, whose address is 4349 Burnley Station Road,
Barboursville, Virginia 22923, and JOSEPH KEVIN SUDDUTH, whose address is
5088 Burnley Road, Barboursville,Virginia 22923 (hereinafter,the"Declarants").
WHEREAS, the Declarant are the owners of the parcels of land known as
Albemarle County Parcel ID#s 22-12A and 22-14 and 22-9; and
WHEREAS,Albemarle County Parcel ID#s 22-12A and 22-14 and 22-9 are being
subdivided by the Declarants into Parcel X, Revised T.M. 22-14, and Parcel A (in
addition to other lots and parcels which are not affected by this Declaration), as
shown and described on a plat by Roger W. Ray & Assoc., Inc., dated April 7, 2020,
last revised May 8, 2020, a copy of which is attached hereto and incorporated herein by
reference (hereinafter,the"Plat"); and
WHEREAS, the access easement shown on the Plat is to be a new 30' non-
exclusive ingress and egress easement(hereinafter, the"Street") for the use and benefit of
Revised T.M. 22-14 and Parcel A 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 Parcel X, Revised T.M.22-14, and Parcel A:
1. 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 it
was in when approved by the County: (a 10' wide base of gravel or a superior
surface as agreed to in the future via supplemental declaration). The travel-way
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
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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 `ito 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
owners gives 30 days prior written notice to all other owners using the Street, 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.
4. DEFAULTING OWNER(S): If any owners fail to pay their proportionate share of
the costs of maintenance or repair for which they are responsible, as provided
hereinabove, any other owners not in default or the person or corporation performing
such maintenance may, after 30 days written notice to the defaulting parcel owners,
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 Notice 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.
5. COST OF MAINTENANCE: The owners of Revised T.M. 22-14 and Parcel A shall
be equally responsible for the cost of the maintenance of and/or repair to the Street on
Parcel X and up to Line E25 (as shown on the Plat) on Revised T.M. 22-14. The
owner of Parcel A shall be solely responsible for the cost of the maintenance of and/or
repair to the Street from Line E25 (as shown on the Plat) on Revised T.M. 22-14 to
Parcel A. Any further division of these Lots 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 have caused this Declaration to be
executed on their behalf by their duly authorized agent.
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BY:
CHARLES G. SUDDUTH, III,
TRUSTEE OF THE CHARLES G.
SUDDUTH, JR.REVOCABLE
TRUST U/A DATED 3/20/2015
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF , to-wit:
The foregoing Declaration was acknowledged before me this day of
,2020,by CHARLES G. SUDDUTH,III.
Notary Public
My commission expires:
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\'d r
BY:
JOSEPH KEVIN SUDDUTH
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF ,to-wit:
The foregoing Declaration was acknowledged before me this day of
, 2020,by JOSEPH KEVIN SUDDUTH.
Notary Public
My commission expires:
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