HomeMy WebLinkAboutSUB202000077 Agreements 2020-08-03 r
Prepared by: J.Addison Barnhardt(VSB#83132)
Grisham&Barnhardt,PLLC
414 East Market Street,Suite D
Charlottesville,VA 22902
Tax Map/Parcel:22-12A and 22-12A1
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this 15th of May, 2020, by CHARLES G.
SUDDUTH, III, TRUSTEE OF THE CHARLES G. SUDDUTH, JR. REVOCABLE
TRUST U/A DATED MARCH 20, 2015 (hereinafter, the"Declarant"), whose address is
4349 Burnley Station Road, Barboursville, Virginia 22923.
WHEREAS, the Declarant is the owner of two parcels of land known,
respectively, as Albemarle County Parcel ID #s 22-12A and 22-12A1; and
WHEREAS, Albemarle County Parcel ID#s 22-12A and 22-12A1 are being
subdivided by the Declarant(s) into Lot 4 and T.M. 22-12A1 Residue, as shown and
described on a plat by Roger W. Ray & Assoc., Inc., dated April 13, 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
T.M. 22-12A1 Residue shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarants hereby imposes the following obligations
upon Lot 4 and T.M. 22-12A1 Residue:
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
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
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pnvate 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
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 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 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 owner of T.M. 22-12A1 Residue shall be
responsible for the cost of the maintenance of and/or repair to the Street. 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.
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IN WITNESS WHEREOF, the Declarants has caused this Declaration to be
executed on its behalf by its duly authorized agent.
BY: e, VAmeld 111
CHARLES G. SUDDUTH, III,
TRUSTEE OF THE CHARLES G.
SUDDUTH, JR. REVOCABLE
TRUST U/A DATED 3/20/2015
STATE OF VIRGINIA
T-'f7COUNTY OF �) Lc/YI p-1E , to-wit:
The foregoing Declaration was acknowledged before me this .3 day of
O j0.4 , 2020,by CHARLES G. SUDDUTH, III.
1 ,, ji 8
Notary Public
My commission expires: 9 30/20Lt
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:REGISTRATION NO.
187571
Fr_ MY COMM.EXPIRES!
09/30/2022
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