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Home My WebLink AboutSUB199800126 Correspondence 1998-09-25 09/25/98 15:34 FAX 804 296 9861 Richmnd&Fishbrne Z 001/007 TELEFAX TRANSMITTAL FORM RICHMOND AND FISHBURNE RECEIVED ATTORNEYS AT LAW QUEEN CHARLOTTE SQUARE SEP 2 51998 214 EAST HIGH STREET P. O. BOX 559 Planning Dent CHARLOTTESVILLE, VIRGINIA 22902-0559 % * * * * * (804) 977-8590 FAX (804) 296-9861 TO: Maynard Sipe FROM: Wendall L. Winn, Jr. ADDRESS: DATE: September 25, 1998 FAX: 972-4035 PLEASE CALL TO CONFIRM RECEIPT: YES NO X This transmittal consists of 7 pages, including this cover sheet _ ------------------- MOTICE This FAX has been transmitted by an attorney. The information it contains is privileged and confidential and is intended for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly forbidden. If this communication has been received in error, please notify us by telephone immediately, collect if necessary. 0925.98 15:34 FAX 804 296 9861 Richmnd&Fishbrne Z 002%007 RICHMOND AND FISHBURNE, L.L.P ATTO' Y AT JQSEPH W. RICHMOIND,JI{. QUEEN CHARLOTTE SQUARE JOSEPH w. RiCHb1OND wENDALI. L.WINN. -IR- 214 EAST HIGH STREET (1910.1056 -yATTHEw B. x1t1RRAY c THQMA`u O.NOLAN 0 BOX 559 JUNIUS R.FISHI3V'RNE OSEPII NI.COCHRAN CHARLOTTESVILLE,VIRGINIA :2902-O3GQ (191¢-iew) NARK J. NELSON QO4: 077.6590 PATRICIA P 5111ELDS FAX •'804 296•9661 E-NAIL•nchtish*richlish.Cot DEI3011.-H T. QABHEN OF COL[NSEL �7.y0 ADMi'rT=D IN DC September 25, 1998 Mr. Maynard Sipe Albemarle County Planning Department 401 McIntire Road, Suite 218 VIA FACSIMILE: 972-4035 Charlottesville, Virginia 22902 Re : Robert A. Coerver, Jr. , Trustee, and Phyllis Jones Tax Map 40 , Parcel 43 Plat Showing a Subdivision of Parcel "X" being a Portion of Tax Map 40 , Parcel 43 Dear Maynard: I received your voicemail message today suggesting further revisions in the Private Driveway Declaration (i . e - , Road Maintenance Agreement) . Enclosed is a revised draft for your review and approval . I have deleted the first sentence of paragraph 6 and added a new first sentence which includes a standard for maintenance of the easement . I have added a new paragraph 7 which includes a definition of "Owner. " with kind regards, Sincerely, (A/MLia, U1)`it / 41 1 - Wendall L. Winn, Jr. WLW rii'" Encl.sure cc w/enc : Robert A. Coerver, Jr. (via fax) 98\9S-0720.7 09/25/98 15:34 FAX 804 296 9861 Richmnd&Fishbrne Q 003/007 PRIVATE DRIVEWAY DECLARATION THIS DECLARATION is made this day of September, 1998 by ROBERT A. COERVER, JR. , Trustee of the Robert A. Coerver Revocable Trust dated April 17, 1997 , hereinafter referred to as "Declarant" W I T N E S S E T H : Recitals. Declarant owns Albemarle County Tax Map 40 Parcel 43 pursuant to a deed of NationsBank, N.A. , et al . , recorded in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia, (the "Clerk' s Office" ) in Deed Book 1700, page 731 . Declarant, pursuant to a plat by S . L. Key, Incorporated, Land Surveyors & Land Planners, dated July 22 , 1998, revised August 13 , 1998, and titled "Plat Showing A Subdivision Of Parcel "X" Being A Portion Of Tax Map 40 Parcel 43" (the "Plat") , has subdivided a two acre parcel shown on the Plat as Parcel "Z" and now wishes to establish a private driveway over and across Parcel Z and provide for its use and responsibility for maintenance and repair of the driveway and to bind himself, his successors and assigns, for liability, maintenance and repair of the driveway subject to charges of repair and maintenance and all valid amendments hereto . A copy of the Plat is attached to this declaration and recorded herewith. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreement provided herein, the Declarant hereby This document was prepared by Richmond and Fishburne, L.L.P. 09/25/98 15:35 FAX 804 296 9861 Richmnd&Fishbrne II004/007 DECLARES and COVENANTS as follows : 1 . A non-exclusive private access easement is hereby established over and across Parcel Z, which is shown and described on the Plat as "30' Ingress Egress Esmt _ " (the "Access Easement") for access to and from the residue of Tax Map 40 Parcel 43 (located on the north side of State Route 810) and State Route 810 . 2 . The Access Easement shall exist for the private enjoyment and use of the owners of Parcel Z and the residue of Tax Map 40 Parcel 43 (located on the north side of State Route 810) . 3 . The cost of repair, maintenance, upkeep, improvement, or replacement of the Access Easement and driveway located therein will not be borne by the County of Albemarle, the State of Virginia, or any public agency, but shall rather be the responsibility of the owners as set forth below. 4 . The cost of repair, maintenance, upkeep, and improvement or replacement of the Access Easement and driveway located therein shall be the joint and equal responsibility of the owners of Parcel "Z" and the residue of Tax Map 40 Parcel 43 (located on the north side of State Route 810) . In the event that the residue of Tax Map 40, Parcel 43 is further subdivided, or if in the future the Access Easement is used by more than two (2) owners, then the cost of repair, maintenance, upkeep, improvement or replacement of the Access Easement and 2 09/25/98 15:35 FAX 804 296 9861 Richmnd&Fishbrne fj005/007 driveway located therein shall be paid on a pro rata basis in equal shares by all the owners using said Access Easement . For example, if the residue of Tax Map 40 , Parcel 43 is further subdivided into three parcels, or if there are three owners using the Access Easement in addition to the owner of Parcel "Z, " then the cost of maintenance would be pro rated in such a way that each owner would pay twenty-five percent (25%) of the cost of maintenance of said Access Easement . 5 . In the event any responsible owner shall fail to contribute his pro rata share to the cost of maintenance of said Access Easement, the other owners responsible for maintenance of said Access Easement shall have the right to order the necessary work to be done, and may thereafter record in the Clerk' s Office of the Circuit Court of Albemarle County a Notice of Lien against the owner of the 'other parcel for its proportionate cost of maintenance, which filing shall create a continuing lien against the other parcel, the amount of which shall include interest at the legal rate for judgments then prevailing, plus any costs of collection, including reasonable attorney' s fees. Said lien shall be subordinate to any liens recorded prior to the recordation of the above-said Notice of Lien. At any time prior to the foreclosure of such a lien, the parcel owner against whose parcel such a Notice of Lien has been 3 09/25/98 15:35 FAX 804 296 9861 Richmnd&F1shbrne a 006/007 filed may bring suit in the Circuit Court of Albemarle County to quash the lien, with said court determining whether or not such maintenance was, in fact , reasonably necessary. The party in whose favor such a proceeding is ultimately decided shall have the right to recover its costs incurred, including reasonable attorney' s fees . 6 . The Access Easement and the driveway located therein shall be maintained in such condition that the private road is passable at all times for ordinary use by passenger vehicles, excepting only severe, temporary weather conditions such as snow or ice, with gravel of appropriate type, depth and width, and drainage ditches and culverts as necessary. If any owner shall operate heavy equipment across said Access Easement and driveway and shall thereby cause damage, he shall be responsible for all of the repair of said damage . 7 . "Owner" shall mean and refer to the record owner, whether one or more persons or entities, including Declarant, of Parcel "Z" and of the residue of Tax Map 40, Parcel 43 (located on the north side of State Route 810) and of any parcel created by a further subdivision of said residue . 8 . This declaration shall be a covenant running with the land and binding upon successors and assigns of the owners of said parcels. WITNESS the following signature and seal : (SEAL) ROBERT A. COERVER, JR. , Trustee 4 09/25/98 15:36 FAX 804 296 9861 Richmnd&Fishbrne 12 007/007 STATE OF NEW HAMPSHIRE CITY/COUNTY OF , to-wit : The foregoing instrument was acknowledged before me this day of September, 1998 by Robert A. Coerver, Jr. , Trustee of the Robert A. Coerver Revocable Trust dated April 17, 1997 . My Commission expires : Notary Public 98-coerver.dec 5