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HomeMy WebLinkAboutSUB202000222 Agreements 2021-09-13This document was prepared by: Mary Katherine McGetrick, Esq. Williams Mullen P.O. Box 1320 Richmond, VA 23219 Parcel ID No(s).: 05600-00-00-057B2 and 056K0-00-00-000A2 DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (for Trail) THIS DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (this "Declaration"), dated this _ day of , 2021, is made by GLENBROOK LLC, a Virginia limited liability company (the "Declarant"), to be indexed as Grantor and Grantee. WITNESS: WHEREAS, the Declarant is the owner of that certain real property (hereinafter the "Property"), located in Albemarle County, Virginia, more particularly described as follows: ALL those certain lots or parcels of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Parcel "C" and Parcel "D" on a plat by Roudabush, Gale & Associates, Inc., dated March 28, 2016, revised May 23, 2016, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4787, pages 554-557. BEING the same property conveyed to the Declarant herein by deeds of Daily South, LLC, recorded in said Clerk's Office in Deed Book 5039, page 75, and of Foothills Crossing, Inc., recorded in said Clerk's Office in Deed Book 5028, page 408. WHEREAS, the Property is also shown and designated as Glenbrook at Foothills, Phase IIB on that certain plat prepared by Roudabush, Gale & Associates, Inc., dated December 7, 2020, last revised August 19, 2021, entitled "Final Subdivision Plat, Glenbrook at Foothills, Phase IIB, TMP 56-57B2, TMP 56K-A2 and a Portion of TMP 56K1-F and TMP 56K1-155, White Hall District, County of Albemarle, Virginia," which such plat (the "Plat") is recorded immediately prior hereto; WHEREAS, in developing the Property, the Declarant, and/or its assigns, is constructing a new trail (the "Trail"); 1 WHEREAS, the location of the Trail is shown and designated as "10' PUBLIC ACCESS EASEMENT"" (HDPU)" on the Plat; WHEREAS, the Declarant wishes to grant to the public the right of access for ingress and egress over the Trail; and WHEREAS, the Declarant and its successors agree to maintain the Trail unless and until it is accepted by the County. NOW, THEREFORE, for and in consideration of the mutual benefits accruing or to be accrued to the Declarant, its successors and assigns, and to any future owners of the Property, the Declarant hereby declares, establishes, and grants an access easement for the benefit of the public for ingress and egress over the Trail; and FURTHER, the Declarant hereby agrees to maintain the Trail as follows: MINIMUM STANDARD: The Trail shall be maintained with minimum standards as are shown on the Plat and maintained in perpetuity to substantially the same condition it was in when approved by the County. The Trail shall be maintained so that it is safe and convenient for pedestrians at all times except in severe temporary weather conditions. For purposes of this instrument, "maintenance" includes the maintenance of the Trail, and all curbs, curbs and gutters, drainage facilities, utilities, dams, and other trail improvements, as applicable, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the Trail reasonably open for usage by all pedestrians. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. COST OF MAINTENANCE: The Declarant shall be responsible for the cost of the maintenance of, and/or repair to the Trail. Any division of the Property shall require the reassessment of cost to be equally shared by all owners of the Property using the Trail. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Trail, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners of the Trail determines that the Trail is not safe and convenient for pedestrians 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 Trail, such owner may commence or contract for maintenance or repair to bring the Trail to the minimum standard and the charges therefor shall be the responsibility of all owners using the Trail. 2 DEFAULTING OWNER(S): If any owner fails to pay his/her/its proportionate share of the costs of maintenance or repair for which he/she/it is responsible, as provided hereinabove, any other owner not in default, or the person or entity 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, Virginia, 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/its 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. FURTHER, each and all of the covenants, obligations, restrictions, conditions and provisions contained in this Declaration (whether affirmative or negative in nature) shall be construed as covenants running with the land intended to be benefited or burdened thereby and shall bind and inure to the benefit of the Declarant, its respective successors and assigns, and every individual, partnership, association, corporation, limited liability company or other entity having any interest in the Property at any time. FURTHER, because this Declaration establishes public access on the Trail, this Declaration is also for the express benefit of the County of Albemarle, Virginia (the "County") and the Board of Supervisors of the County (the `Board"), who are hereby third -party beneficiaries of this Declaration. The County and the Board may maintain an action to enforce this access easement for the benefit of the public for ingress and egress over the Trail as provided in this Declaration as though they were parties hereto. [SIGNATURE PAGE FOLLOWS] 3 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. DECLARANT COMMONWEALTH OF VIRGINIA CITY/COUNTY OF (Lo„V {4*s,,; Ac GLENBROOK, LLC By: River B M Management, Inc., Manager The foregoing instrument was acknowledged before me this V tday of Se e 20 21 by Alan R. Taylor, President, on behalf of River Bend Management, Inc., Manager of Glenbrook, LLC, Grantor. 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