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HomeMy WebLinkAboutSUB201600003 Review Comments 2017-06-13 Review of Private Improvement Maintenance Instrument (Albemarle County Code §14-317) //l� TO: � I�Q RE: SUB oZ 0 — 3 The instrument required by Albemarle County Code 5 14-317 for this subdivision: is approved. is not approved because it fails to satisfy one or more of the following requirements (number references are to Albemarle County Code 5 14-317(A)): �-yz pot ,�©7 /,���,� 4,rtit TAv_e 1. Identify the plat to which the mstrun ei p� p' s;if the plat has been recorded,the identification shall include a deed book and page number. V. 2. State that the improvement will be maintained in perpetuity. 3. State that the improvement will be maintained to a standard that,at a minimum,ensures that it will remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released e as provided in section 14-436;for a private street,shared driveway,or alley,the instrument also shall ti 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 L v weather conditions." 4. If the 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 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." 5. Describe the condition of the improvement when it was approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14-436. 6. Identify the timing or conditions warranting maintenance of the improvement. 7. State a means to collect funds necessary for the cost of maintaining the improvement;at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien against a non-contributing landowner,to bring an action at law to collect the funds,or both. 8. Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g.,"equally,"or on a percentage basis);if any lot within the subdivision may be further divided,the instrument shall also describe how maintenance costs will be prorated among the landowners after division. 9. State substantially as follows: "No public agency,including the Virginia Department of Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any improvement identified herein." Date: Os/f / G pin 6 , / D u ounty Attorney Prepared without benefit of title search by and after recording please return to: Woods Rogers PLC 123 E. Main Street, 5th Floor Charlottesville, VA 22902 TMP Numbers: 061K0-10-00-000A0; 061K0-10-00-000A2; 061K0-05-0D-00400 and 061K0-05-0C-01300 JOINT ACCESS EASEMENT WITH MAINTENANCE PROVISIONS THIS JOINT ACCESS EASEMENT WITH MAINTENANCE PROVISIONS is made this 21st day of March, 2017, by and between: Brian B. GILLISPIE and Jennifer M. GILLISPIE, as owners of Albemarle County Tax Map aid Parcel Numbers 061 K0-10-00-000A0 and 061K0-10-00-000A2,to be indexed as Grantees and identified herein as"Gillispie"whose address is PO Box 513,Earlysville,VA 22936; Frances B. KOEHN as owner of TMP 061 K0-05-0D-00400, to be indexed as Grantor and identified herein as "Koehn"; Melissa Y. STELL as owner of TMP 061 K0-05-0C-01300, to be indexed as Grantor and identified herein as "Steil"; and WITNESSETH : WHEREAS, Gillispie, Koehn and Stell (together the "Parties") are the owners of adjoining real property located in the Jack Jouett Magisterial District of Albemarle County as shown on plat prepared by Commonwealth Land Surveying dated October 1,2015 last revised February 23,2017 prepared by Commonwealth Land Surveying,LLC entitled"Boundary Line Adjustment and Portion of Inglewood Drive R/W Vacation Combining TMP 61K-10-A & A2" which plat is attached to a Declaration of Vacation of Part of a Plat recorded immediately prior to this instrument(the"Plat"); WHEREAS, as shown on the Plat,the Parties wish to combine portions of property and reserve an easement for ingress'egress and define the terms of maintenance therefor,and have entered into this instrument to memorialize the terms and conditions of the same; NOW, THEREFORE, for.p in consideration of the premises, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged the Parties each and all agree to the following: 1 I. Combination of Parcels: A. As shown on the Plat,the 0.70 of an acre shown on the plat as"TMP 61K-10-A2"is hereby COMBINED WITH and ADDED TO the 1.00 acre tract shown on the plat as"TMP 61 K-10- A" resulting in a new parcel of land owned by Gillispie containing 1.70 acres, said tract having access to that portion of Inglewood Court and Inglewood Drive in two areas: i. over the 0.109 of an acre area shown on the plat as "NEW INGRESS EGRESS EASEMENT" and according to the terms set forth hereinbelow; ii. over the 30' joint access easement shown on the plat as "30' JOINT ACCESS EASEMENT"according to terms and conditions of that instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1654, page 294. B. As shown on the Plat, the 0.054 of an acre shown on the plat as "0.054 ACRES" is hereby COMBINED WITH and ADDED TO the 0.383 acre tract shown on the plat as"TMP 61K-5- D4"resulting in a new parcel of land owned by Koehn containing 0.43 7 of an acre,said tract having road frontage on that portion of Inglewood Court and Inglewood Drive; C. As shown on the Plat, the 0.055 of an acre shown on the plat as "0.055 ACRES" is hereby COMBINED WITH and ADDED TO the 0.234 acre tract shown on the plat as"TMP 61 K-5- C-13"resulting in a new parcel of land owned by Stell containing 0.289 of an acre,said tract having road frontage on that portion of Inglewood Court and Inglewood Drive; Each of the Parties having ownership interest in the portions of property conveyed under this section II do hereby GRANT and CONVEY title to those portions of the property to the respective Parties referenced above. II. Reservation of Access Easement Koehn and Stell each and both do hereby GRANT and CONVEY to Gillispie,for the benefit of the New 1.70 Acre tract shown on the Plat,a limited,non-exclusive access easement along that portion of the property shown on the Plat as"NEW INGRESS EGRESS EASEMENT 0.109 AC.AREA" (the "Easement Area") subject to the following terms and conditions: A. EASEMENT WIDTH:The easement created hereby shall be fifty feet(50.0')in total width, twenty-five feet(25.0')from the centerline along the courses and distances as shown on the attached Plat; B. MINIMUM STANDARD: Any road constructed within the easement area shall satisfy Virginia Department of Transportation standards or an alternative standard deemed adequate by the agent,upon the recommendation of the county engineer,to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the 2 LL / s4rI public health,safety or welfare.any road constructed within the Easement Area(the"Street") shall be maintained with a minimum of a ten foot wide base of gravel or a superior surface as determined by Gillispie and approved by the County, and maintained in perpetuity to G substantially the same condition it was in when approved by the County. 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 conditionsany-read design standards manualimposed by Virginia Department of Transportation, so as to maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. C. INITIAL CONSTRUCTION: Gillispie as owner of Tax Map and Parcel Numbers 061K0- 10-00-000A0 and 061K0-10-00-000A2,shall be solely responsible for the construction and maintenance of the Street and shall bear one hundred percent(100.0%)of the cost to perform Maintenance (as defined below). Koehn and Stell each and both do hereby GRANT and CONVEY to Gillispie a temporary construction easement across the parcel owned by each as may be necessary for constructing, maintaining, repairing, or upgrading the Street, as provided for in this instrument. Gillispie agrees to restore ye)any of Koehn or Stell's property outside the Easement Area granted hereby to the condition prior to the exercise of any rights under this temporary construction easement; D. MAINTENANCE: 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. E. COST OF MAINTENANCE: The owners of Tax Map AaParcel Numbers 061K0-10-00- 000A0 and 061 K0-10-00-000A2,shall be equally responsible for the cost of the maintenance of, and or repair to any roadway constructed within the easement area for its entire length. Any further division 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. F. 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, 3 provided that in the event that one 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 such owner gives thirty(30)days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. G. DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible,as provided hereinabove,any other owner not in default,or the person or corporation performing such maintenance,may after thirty(30)days written notice to the defaulting parcel owner(s)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 against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collection, including reasonable attorney's fees. H. FUTURE DIVISION: Gillispie, Koehn and Stell expressly acknowledge and agree that, 7 provided all parties to this instrument are in compliance with its terms,the Easement granted by this instrument shall serve Albemarle County TMP 061 K0-10-00-000A0 and 061 K0-10- 00-000A2 and any future division,combination or boundary line adjustment of those parcels without need for further grant or reservation of rights over the Easement Area. The conveyances,res ations and combinations of parcels under this instrument are made expressly subject to all easem ts,restrictions,conditions,and reservations contained in duly recorded deeds, plats, and other in ruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise becom ineffective and all such covenants and reservations granted herein shall run with the lands of the arties and shall be binding on the heirs,personal representatives, successors and assigns of the P ies. 'remainder of page intentionally blank] OIL 61 h12.65 l v-tA' ter (Y).114 0,, r,o 4-42- or -3)14 reins -7-$/".4 4 App).1J 1s eL ;Q� ^ G+� 614()I- A-19 Moj �A%!-g� C��o fir` r ,�e!`SO o c Ire Sv�d,,k5 Pe e,4 prcvh+e 3+ e�s+4 Gan nnvj, ,r'S [counterpart signature page] WITNESS the following signatures and seals: (SEAL) Brian B. Gillispie (SEAL) Jennifer M. Gillispie COMMONWEALTH STATE OF CITY/COUNTY OF • The foregoi ase nt was acknowledged before me this day of 2017,by Brian B. Gi ie and Jennifer M. Gillispie. Notary Public 5 [counterpart signature page] WITNESS the following signature and seal: (SEAL) Frances B. Koehn COMMONWEALTH STATE OF CITY/COUNTY OF • The forego' g ` •4,'a• as acknowledged before me this day of 2017,by Frances : Ko 0 Notary Public 6 [counterpart signature page] WITNESS the following signature and seal: (SEAL) Melissa Y. Stell COMMONWEALTH STATE OF CITY/COUNTY OF • The foregoing Deed Easement was acknowledged before me this day of 2017, by Melissa Y. Stell. Notary Public 7 Prepared without benefit of title search by and after recording please return to: Woods Rogers PLC 123 E. Main Street, 5' Floor Charlottesville, VA 22902 TMP Numbers: 061K0-10-00-000A0; 061K0-10-00-000A2; 061K0-05-0D-00400 and 061K0-05-0C-01300 DECLARATION OF VACATION OF PART OF PLAT THIS DECLARATION OF VACATION OF PART OF PLAT is made this day of March, 2017 by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter, the "County" and the Grantor for indexing purposes; Brian B. GILLISPIE and Jennifer M. GILLISPIE, as owners of Albemarle County Tax Map afttf Parcel Numbers 061 K0-10-00-000A0 and 061K0-10-00-000A2, to be indexed as Grantees and identified herein as "Lot Owner"; and Frances B. KOEHN as owner of TMP 061 K0-05-0D-00400, to be indexed as Grantee and identified herein as "Lot Owner"; and Melissa Y. STELL as owner of TMP 061 K0-05-0C-01300, to be indexed as Grantee and identified herein as "Lot Owner"; and hereinafter, Gillispie, Koehn and Stell are referred to as the"Lot Owners". WITNESS: WHEREAS, Virginia Code § 15.2-2272 and Albemarle County Code § 14-212.2 authorize a recorded plat, or any part thereof, to be vacated at any time after the sale of any lot therein, by a written instrument, declaring the plat to be vacated, duly executed by all of the owners of the lots shown on the plat and certain lien creditors, acknowledged or proved and recorded in the same clerk's office wherein the plat to be vacated is recorded; and WHEREAS, the plat prepared by Commonwealth Land Surveying, LLC entitled "Boundary Line Adjustment and Portion of Inglewood Drive R/W Vacation Combining TMP 61K- 10-A & A2" dated October 1, 2015, last revised February 23, 2017 (hereinafter, the "Plat") is attached hereto as Exhibit A and recorded herewith; and WHEREAS,the Lot Owners are all of the owners of the lots shown on the Plat that will be impacted by the vacation of portions of property shown on the Plat described as follows: 0.055 of an acre and 0.054 of an acre, located at the northern end of Inglewood 1 Court and shown on the attached Exhibit A as "0.055 Acres" and "0.054 Acres"; and WHEREAS, the County, acting through its agent under Albemarle County Code § 14- 212.2, consents to vacating the part of the property shown on the Plat as requested. NOW, THEREFORE, the part of the Plat, attached hereto and recorded herewith as Exhibit A is hereby vacated as described herein and as depicted on Exhibit A and the part vacated shall have no further force or effect and, all public rights in any streets, alleys, easements for public passage and other public areas laid out or described in the Plat so vacated are hereby divested and title is reinvested in the Lot Owners. WITNESS the following signatures, which may appear in counterpart. COUNTY OF ALBEMARLE, VIRGINIA Subdivision Agent COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of , by , Subdivision Agent, on behalf of the County of Albemarle, Virginia, Grantor. Notary Public My Commission Expires: Registration number: Approved as to form: County Attorney 2 [counterpart signature page] WITNESS the following signatures and seals: LOT OWNER: (SEAL) Brian B. Gillispie (SEAL) Jennifer M. Gillispie COMMONWEALTH STATE OF CITY/COUNTY OF • The foregoing instrument was acknowledged before me this day of 2017,by Brian B. Gillispie and Jennifer M. Gillispie. Notary Public 3 [counterpart signature page] WITNESS the following signature and seal: LOT OWNER: (SEAL) Frances B. Koehn COMMONWEALTH STATE OF CITY/ COUNTY OF . The foregoing instrument was acknowledged before me this day of , 2017, by Frances B. Koehn. Notary Public 4 [counterpart signature page] WITNESS the following signature and seal: LOT OWNER: (SEAL) Melissa Y. Ste11 COMMONWEALTH STATE OF CITY/COUNTY OF :• The foregoing instrument was acknowledged before me this day of , 2017,by Melissa Y. Stell. Notary Public 5 COUNTY OF ALBEMARLE PROPERTY STANDING IN THE NAME OF: BOARD OF SUPERVISORS BRUAN B. OR JENNIFER M. GIWSPIE P.O. BOX 513 DESIGNATED AGENT EARLYS KLE. VIRGINIA 22936 ��0.04004061. P T H�Op-0y� D.0 3121 PG. 30 = t J9 DATE' 1. OWNERS APPROVAL: •� O S.44 • C. STEVE BARIETT 2 THE PLATTING OF THE FOLLOWING DESCRIBED LAND, IMP 61K-10-A& A2 IS WITH THE FREE CONSENT • L1C. NO. 2025 • AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. BRUIN B. GILLISPIE DATE: . 444444N4�, JENNIFER M. GKIJSPIE DATE' THE PLATTING OF THE FOLLOWING DESCRIBED LAND, LOT 4 BLOCK 0 & LOT 13 BLOCK C IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUJItt,, IF ANY. FRANCES B. KOEHN TMP 61K-5-D-4 DATE: LOT 4 BLOCK D MIUSSA Y. ST4L TMP 61K-5-C-13 DATE: LOT 13 BLOCK C COUNTY OF ALBEMARLE ALBBEEMARLEHCOUNTY ZONI USE NG ORDINANCE LISTED EFFEHEREIN OARE ISDATTEEOAND AARREENSHOO THE WN FOR INFORMATION PURPOSES ONLY. THEY ARE NOT RESTRICTIVE COVENANTS STATE OF VIRGINIA. RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. TO WIT: THE FOREGOING INSTRUMENT WAS THE STREAM BUFFER SHOWN SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE WATER PROTECTION ORDINANCE. ACKNOWLEDGED BEFORE ME THIS DAY OF UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND/OR SEWER WILL BE AVNLABI.E TO THIS PROPERTY. TMP 61K-10-A& A2 AND TMP 61K-5-C-13 & TMP 61K-5-C-13 EACH CONTAIN A AS BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE ZONING ORDINANCE. OWNERS. PROPRIETORS AND/OR TRUSTEES. IRON PINS SET/FOUND AT ALL NEW CORNERS. THE PROPERTY SHOWN HERON IS NOT LOCATED IN AN ALBEMARLE - CHARLOTTESVILLE NOTARY PUBLIC WATER SUPPLY WATERSHED. MY COMMISSION EXPIRES THE PROPERTY SHOWN HERON IS NOT LOCATED IN AN AGRICULTURAL - FORESTAL DISTRICT. PROPERTY IS ZONED: R4 RESIDENTIAL NEW INGRESS, EGRESS EASEMENT HOLDERS: BRIAN B. & JENNIFER M. GILUSPIE TMP 61K-10-A COUNTY OF ALBEMARLE COUNTY OF ALBEMARLE STATE OF VIRGINIA. STATE OF VIRGINIA. TO WIT: TO WIT: THE FOREGOING INSTRUMENT WAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ACKNOWLEDGED BEFORE ME THIS DAY OF DAY OF • 0 *�.: •..,E AS AS DINERS, PROPRIETORS AND/OR TRUSTEES. OWNERS, PROPRIETORS AND/OR TRUSTEES. ... kT'�' NOTARY PUBLIC NOTARY PUBLIC k. ;(4 t MY COMMISSION EXPIRES MY COMMISSION EXPIRES Artifi ? VICINITY MAP 1" - 2000' BOUNDARY LINE ADJUSTMENT AND COMMn� a r PORTION OF INGLEW00D DRIVE R/N VACATION V1�IItiIiL COMBINING LAND ' TMP 61K-10-A & A2 JACK JOUETT MAGISTERIAL DISTRICT SURVEYING, LLC.� 1 ALBEMARLE COUNTY. VIRGINIA SCALE: 1" = 50' OCTOBER 1, 2015 1484 GREENBRIER PLACE REVISED: JANUARY 28, 2016 SHEET t OF 2 CHARLOTTESVILLE VIRGINIA 22901 REVISED: DECEMBER 22, 2015 PH: 434-973-0513 REVISED: JANUARY 18, 2017 REVISED: FEBRUARY 23, 2017 8LA \OWGS\2015\A61K-A2 DWG `% IMP 61K-6-C-51 LOT 5 ` I.F. N TMP 81K-6-C4 \ IMP 61K-6-C-6 LOT 6 `1 ` I i I.F. , a �. ' / _� c l .,, /X/ ... I.F. N-'" . I TMP 61K-6-C-8 V LOT 8 i / I.F. in ��1 N IMP 61K-9-3 4, ,9 TMP 61K-10-A2 ,� T.2. 0.70 ACRES (OLD) t" BRIAN & JENNIFER GIWSPIE, `\ 0.8. 3121 PG. 30 / `�. O.B. 2076 PG. 499 D.8. 1654 PG. 291 IMP 61K-10—A IMP 61K-6-C-9 / 1.Do ACRES (OLD) M,g35'� E LOT 9 / NEW 1.70 ACRES I.F. % BRIAN & JENNIFER GIWSPIE D B. 3121 PG. 27 r D.B. 2867 PG. 414 IF, N D.B. 789 PG. 14 N itcV / \� N /� '�•�� TMP 61K-5-0-4 IMP 61K-10-A1 0.383 ACRES LEIMON & VIRGINIA MILLER 8 I•F• 3 PLUS 0.054 ACRES D.B. 1692 PG. 649 / n NEW ACREAGE: 1 6# rP 0.437 ACRES 30' JOINT D.B. 1129 PG. 615 N ACCESS EASEMENT .a %/ y D.B. 1854 PSG. 294 4' p�,,�� ` �t -2 E 1N 30,R OF *`\ M. woo' GL�,,,� `�*. /59.83' / A �FATp _"o • S �j�r �2'A --TB a,27-��99 '064' E/` AREA WATER k N 863197� E -S�78p9?�E V �Y/y eri4 3 N N �37'42'w '���Q i6S4 ç NiiT�� �Fr l��2.90' Cl �J 0/, , 54.25 r,,,.,.S7�4?T�)E./ ; i, %OO.0 �` N 79'37.42' W 127.06 --N !�8ENDNTENANCE �Piq9,_ 0404 R.�� \ I.F. N7 'I, e,•. R ,40000 mot '\ ,� �'zr 9 ../ Eye,, No W 86,77. y D6' 63 so'w Cl cz TMP 61K-5-C-13 C2 Ft' 44 A = 0827'48' A = 92'52'00' \ "1 0.234 ACRES R = 165.99' R - 25.00' b `O PLUS 0.055 ACRES T = 12.28' T = 26.28' I.F. = IRON FOUND 2 , L = 24.52' L - 40.52' I.S. = IRON SET NEW ACREAGE: 3 0.289 ACRES 1, iv 73.i O.B. 4062 PG. 415 , ai / COMMONWEALTH BOUNDARY LINE ADJUSTMENT AND 72r W 6 LAND PORTION OF INGLEWOOD DRIVE R/M VACATIO i22s9' y / COMBINING TMP 6IK-10-A & A2 SURVEYING, LIE. JACK JOUETT MAGISTERIAL DISTRICT ( T; �n l/ V1[IG�YLl'yG� ALBEMARLE COUNTY, VIRGINIA `\ '; d V 1484 GREENBRIER PLACE SCALE: 1" - 50' OCTOBER 1. 2015 REVISED: JANUARY 28, 2016 CHARLOTTESVILLE VIRGINIA 22901 REVISED: DECEMBER 22. 2016 PH: 434-973-0513 REVISED• JANUARY 18. 2017 SHEET 2 OF 2 REVISED: FEBRUARY 23, 2017