HomeMy WebLinkAboutSUB202100099 Agreements 2021-09-24Prepared by
Albemarle County Parcel ID # 06600-00-00-OIOJB
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this 21st of SEPTEMEER, 2021, by VIRGINIA
LAND, LLC (hereinafter, the "Declarant(s)"), whose address is 195 RIVERBEND
DRIVE, SUITE 1, CHARLOTTESVILLE, VA 22911
WHEREAS, the Declarant(s) is the owner of a parcel of land known as Albemarle
County Parcel ID PARCEL 06600-00-00-0I00; and
WHEREAS, PARCEL 06600-00-00-0IOJB is being subdivided by the
Declarant(s) into Lot C and a residue, as shown and described on a plat by MERIDIAN
PLANNING GROUP, dated SEPTEMBER 21, 2021, a copy of which is attached hereto
and incorporated herein by reference (hereinafter, the "Plat"); and
WHEREAS, the shared driveway easement shown on the Plat is to be a new 30 foot
wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and
benefit of Lot C shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant(s) hereby impose(s) the following obligations upon Lot C:
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: 10-foot wide of VDOT 21B with a depth of 6-
inches. 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.
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
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 of the Residue shall be responsible for 50%
of the maintenance cost and/or repair to the Street, from THE INTERSCTION WITH
ROUTE 22 TO 20' PAST THE DRIVEWAY TO THE HOUSE ON THE
RESDIUE. The owner of Lot C shall be responsible for 50% of the cost of the
maintenance of and/or repair to the Street, from THE INTERSCTION WITH
ROUTE 22 TO 20' PAST THE DRIVEWAY TO THE HOUSE ON THE
RESDIUE, and 100% of the cost of the maintenance of and/or repair to the Street, from
20' PAST THE DRIVEWAY TO THE HOUSE ON THE RESDIUE TO THE
PROPERTY LINE OF LOT C. Any further division of LOT C 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.
IN WITNESS WHEREOF, the Declarant(s) has/have caused this Declaration to be
executed on his/her/its/their behalf by his/her/its/their duly authorized agent.
Im
VIRGINIA LAND, LLC
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF to -wit:
The foregoing Declaration was acknowledged before me this _ day of
2021, by VIRIGNIA LAND, LLC.
Notary Public
My commission expires: