HomeMy WebLinkAboutSUB198300146 Agreements 1984-04-12 (16131.>1.1.341144
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, Maynard A. Wood, Jr. and Evelyn Mae Wood, his
wife, Stella Morris, widow; Thomas Lee McDaniel and Ola Louise McDaniel, his
wife; Richard S. Hunter and Ann M. Hunter, his wife; William C. Wood and Jane
Lynn Wood, his wife;. William S. Tooley and Bernice Tooley, his wife; Maurice
J. Thomas, Jr., unmarried; Fred Morris and Robin Riggs Morris, formerly Robin
Riggs, his wife; Willis J. Martin and Margaret M. Martin, his wife; and Sandra
Melton, unmarried, are the owners of certain parcels of land in the
Scottsville Magisterial District of Albemarle County, Virginia, fronting on a
30 foot right of way to State Route 20, as shown on a plat of W.S. Roudabush,
Jr., C.L.S., dated August 29, 1973, of record in the Clerk's Office of the
Circuit Court of said County in Deed Book 547, page 160.
By the recordation of this instrument the following restrictions and
obligations with respect to the maintenance of the "30 foot right of way",
shown on said plat, are hereby imposed on said property fronting thereon:
1. Each owner shall pay the costs of repairs and maintenance to the
road which is located within the limits of said 30 foot right of way whenever
a majority of the owners of said parcels deem such maintenance or repairs are
necessary. A MAJORITY OF THE OWNERS OF SAID PARCELS SHALL DETERMINE THE
STANDARDS TO WHICH THE AFORESAID ROAD IS TO BE MAINTAINED. Each of the owners
shall 'II li.ible For 'iir; proper.i. v,to :F.a~e of the :cs;t 3f repairs and
maintenance of said road and shall pay to the person or corporation performing
such repairs or maintenance said proportionate share of the costs thereof
within thirty (30) days after a bill for such charges is submitted by the
person or corporation performing such repairs or maintenance. If not paid
within said time period the amount due by such owner shall bear interest at
the maximum rate provided by law and the other owners liable for such charges
or the person or corporation performing such repairs or maintenance may bring
an action at law against the owner obligated to pay said proportionate share
'609
of said charges or foreclose the lien hereinafter provided for against such
owner's property and interest, costs and reasonable attorney's fee shall be
added to the amount of such charge for which such owner is responsible.
2. There shall be a continuing lien upon each of said parcels to
secure the payment of the charges herein provided for road repairs or
maintenance. If the said proportionate share of any cost of repairs or
maintenance is not paid by any owner of said parcels within thirty (30) days
after the same becomes due and payable a notice of such non-payment as to such
parcel may be recorded by the other owners or by the person or corporation
performing such maintenance or repairs in the Clerk's Office of the Circuit
Court of Albemarle County, and from the time of such recordation the amount
stated in the notice with interest, costs and reasonable attorney's fees shall
become a lien prior to any first or second mortgages or deeds of trust
recorded subsequent to the date of such notice.
3. The said right of way is not a public road and will not be
maintained by the County of Albemarle, the Commonwealth of Virginia, or any
other public agency.
�-� WITNESS the following signatures and seals this 041 day of
`--'€�l V L. , 198 4:
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Maynard-A. Wood, Jr. `Y
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Evelye Wood
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Stella Morris
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Thomas Lee McDaniel �J
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0 .4'.)Louise McDeriell
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Richard S. Hunter
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Ann M. Hunter
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illiam C. Wood
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,Jane Lynn Wood F�
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William S. Tooley
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Bernice Tooley
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MaauriJ. Thomas, Jr.
J'n 4/1„ 111 (SEAL)
Fred orris
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Robin Riggs Morris
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Willis J. M tin
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Margare M. Martin
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Sandra Melton
STATE OF VIRIGNIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this 107441
day of ( '7�1 , 1984, by Maynard A. Wood, Jr. and Evelyn
Mae Wood, Stella Morris, Thomas Lee McDaniel and Ola Louise McDaniel, Richard
S. Hunter and Ann M. Hunter, William C. Wood and Jane Lynn Wood, William S.
Tooley and Bernice Tooley, Maurice J. Thomas, Jr., Fred Morris and Robin Riggs
Morris, Willis J. Martin and Margaret M. Martin, and Sandra Melton.
My Commssion expires:^ herein 'Z (D'
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Notary Public