HomeMy WebLinkAboutSUB202100121 Agreements 2021-09-09V
Prepared by: Woods Rogers, PLC
123 East Main Street, 5rn Floor
Charlottesville, VA 22902
(Timothy I. Kelsey — VSB #47781)
Parcel ID No.: 01800-00-00-035112
DEED OF EASEMENT AND
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This DEED OF EASEMENT and PRIVATE IMPROVEMENT
MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this I day
of 4 , 2021 DALE LUDWIG (hereinafter, the "Declarant"), whose address is
8 Oak Grove Road, Palmyra, VA 22936.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle
County Parcel ID 01800-00-00-035132; and
WHEREAS, Albemarle County Parcel ID 01800-00-00-035112 is being
subdivided by the Declarant into Parcel B2A containing 4.00 acres (+/-) and Parcel B213
containing 6.36 acres (+/-) Na as shown and described on a plat by Roger W. Ray &
Associates, Inc. dated June 25, 2021, last revised August 31, 2021 a copy of which is
attached hereto and incorporated herein by reference (hereinafter, the "Plat"); and
WHEREAS, the access easement shown on the Plat as "New 30' Private Street
Esmt" is to be a new Thirty Foot (30') foot wide non-exclusive ingress and egress
easement (hereinafter, the "Street") for the use and benefit of Lots #B2A and 132B shown
on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby RESERVES for the benefit of
Parcels B2A and B2B that TMP 01800-00-00-035132 shall be SUBJECT TO that certain
easement created and reserved hereby along the courses and distances shown on the Plat
as "New 30' Private Street Esmt" - according to the following obligations:
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 ten feet (10') wide base of gravel or a
superior surface as agreed to in the future via supplemental declaration. 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 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.
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(s) give(s) 30 days prior written notice to all other owners using the Street, such
owner(s) 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(s) fail(s) 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 owner(s), bring an action of law against each defaulting parcel owner(s) 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(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 owner(s) of parcels 132A and 132b shall be equally
responsible for the cost of the maintenance of and/or repair to the Street for the entire
length shown on the Plat. Any further division of the parcels 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.
7. The covenants set forth in this Deed shall run with the lands described above and
owned by the parties hereto and shall be binding on the heirs, personal
representatives, successors and assigns of the parties hereto.
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signature and acknowledgment appear following page]
WITNESS the following signature and seal this-7—day of ,�o,�2021
DEC" "" 111
I: I
COMMONWEALTH OF VIRGINIA
LR-YrCOUNTYOF TO WIT:
The foregoing instrument was acknowledged before me this day of
September, 2021 by Dale Ludwig
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� XL -
Notar Public Q
My commission expires: 3 .
NotaryCert. No: Q �S
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