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HomeMy WebLinkAboutSUB199200089 Agreements 1992-07-10 RDAD MAINTENANCE AGRFF:MF.NT THIS ROAD MAINTENANCE AGREEMENT, made this 10th day of July, 1992 , by and between CAROL M. DAVIS and BETTYE SUE WALSH. RECITALS : A. The parties are co-owners of a joint access easement approximately forty ( 40) feet in width as shown on a plat of Roger W. Ray and Associates , Inc. , dated June 10 , 1992 (the "Plat" ) , and recorded immediately prior to this agreement in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. B. CAROL M. DAVIS is the owner of a parcel of real property located in the Samuel Miller Magisterial District of Albemarle County, Virginia, on the western side of State Route 692 , designated as Parcel A on the Plat, and being a portion of the property acquired by a deed of record in said Clerk's Office in Deed Book 557 , page 645 . C. BETTYE SUE WALSH is the owner of an adjoining parcel of real property, being Parcel B as shown on the Plat, acquired by a deed dated July 10 , 1992 , and recorded in said Clerk's Office immediately prior to this agreement. D. The parties wish to provide for the maintenance and repair of the joint access easement shown on the Plat. AGREEMEN T: NOW, THEREFORE, expressly incorporating and in consideration of the foregoing recitals and the mutual promises and covenants contained herein, the sufficiency of which are hereby acknowledged, the parties agree that the joint access easement shall be maintained as follows: 1 . Expenses of Maintenance and Repairs. The owners of record of the parcels served by the joint access easement shall share the costs of maintaining the joint access easement in good repair as follows: The owner or owners of record of Parcel A described in Paragraph B above shall pay fifty percent ( 50%) and the owner or owners of record of Parcel B described in Paragraph C above shall pay fifty percent ( 50%) of the costs of maintaining the joint access easement in good repair from State Route 692 to the boundary between Parcel A and Parcel B. 2 . Determination of Required Maintenance. On or about the first day of May each year, the owners of record of the parcels served by the joint access easement shall inspect the joint [ 1 ] C:\WP51\DOGS\WALSR.RNA:Cjb access easement, or cause an inspection of the joint access easement to be made, to determine whether any maintenance is required. The cost of making such repairs and maintenance shall be determined by a written estimate obtained by the owners from a contractor qualified to make such repairs , and a copy of the estimate shall be provided to each owner. 3 . Maintenance and Repairs Defined. The repairs and maintenance to be undertaken shall include filling pot holes, resurfacing, and similar repairs to the joint access easement, and any additional repairs or maintenance approved in writing by the owners of record after receipt of the estimate described above. Consent to necessary repairs and maintenance shall not be unreasonably withheld. There shall be no obligation, however, to upgrade the joint access easement to a superior state than exists on the date of this agreement unless improvements are agreed to in writing by all owners of record. 4 . Snow Removal. The owners of record shall annually contract with a snow removal service to have snow removed from the joint access easement and shall share equally in the cost of the service. 5 . Designation of Agent. CAROL M. DAVIS , whose address is Old Westbury Farm, P.O. Box 7 , Charlottesville, Virginia 22924 , is hereby designated as the agent of the owners of record to contract for and oversee the repairs , maintenance and snow removal authorized under this agreement. As the agent requires funds from time to time to pay the costs and expenses authorized and incurred under this agreement, each owner shall pay his or her share to the agent on receipt of notice from the agent of the amount required. The agent shall furnish to the owners written reports of the maintenance and repairs undertaken, the costs and expenses incurred, and receipts for payment of costs and expenses . If CAROL M. DAVIS resigns as agent, the owners of record shall appoint a new agent by written agreement. 6 . Notices. Any notice or report required under this agreement shall be sent to each owner of record of the parcels served by the joint access easement at his or her address as it appears in the Albemarle County Real Estate Tax records for the year in which the notice is given , or at such other address as an owner may provide to the agent. 7 . Binding Agreement. This agreement shall be binding upon the parties, their heirs, their successors , and assigns , including subsequent owners of the parcels served by the joint access easement or any subdivisions thereof . [ 2 ] C:\WP51\DOGS\WALSH.RMA:cjb WITNESS the following signatures and seals : ,_'� cdL( . �)- ,- (SEAL) CAROL M. DAVIS Q.a.13E (SEAL) BETTYE UE WALSH STATE OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing agreement was acknowledged before me by CAROL M. DAVIS on this 7C" day of July , 1992 . L_ ,I4i/tt‘J.0 1;1,,R1-- Notary Put4c My Commission Expires: 27 sell 1g93 STATE OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing agreement was acknowledged before me by BETTYE SUE WALSH on this /044 day of July, 1992 . Notary Pn is My Commission Expires : A lq q� [ 3 ] C:\WP51\ROCS\WALSH.RMA:cjb