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Home My WebLink AboutSUB199800126 Correspondence 1998-09-23 RICHMOND AND FISHBURNE, L.L P. ATTORNEYS AT LAW JOSEPH W RICHMOND,JR QUEEN CHARLOTTE SQUARE JOSEPH W. RICHMOND WENDALL L WINN,JR. (1916-1986) MATTHEW B MURRAY 0 214 EAST HIOH STREET THOMAS O.NOLAN P 0 BOX 559 JUNIUS R.FISHBURNE JOSEPH M COCHRAN CHARLOTTESVILLE,VIRGINIA 22902-0559 (1915-1991) MARK J NELSON PATRICIA P. SHIELDS (804) 977-8590 FAX(804) 296-9861 DEBORAH T.OARREN E-MAIL'nchfishanchf,sh corn OF COUNSEL o ALSO ADMITTED IN DC September 23, 1998 HAND-DELIVERED Mr. Maynard Sipe Albemarle County Planning Department 401 McIntire Road, Suite 218 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: Enclosed is the original signed Private Driveway Declaration (i .e . , Road Maintenance Agreement) on the above-captioned property. I have incorporated the additional provisions which you requested. I understand that you will review the Agreement, and if it meets with your approval, you will initial all the pages and then notify the surveyor, Jay Taggart (971-8339) that he can present the plat for signature by the County. Once everything has been initialed and signed, please let either myself or Jay Taggart know so that we can pick up the original Agreement with plat attached for recordation in the Albemarle County Clerk' s Office. Thank you for your cooperation. Sincerely, �� , , 0 Wendall L. Winn, Jr. WLW/lg Enclosure cc: Jay Taggart Phyllis Jones Robert A. Coerver, Jr. 98\98-0720.4 PRIVATE DRIVEWAY DEEC`{�RATION THIS DECLARATION is made this (O 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" WITNESSETH 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. 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 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 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 sign. and s-• 1 - Ir/A.4t/ ,�i� LAA (SEAL) R.BERT A. C;ER ER, JR. , ' stee 4 STATE OF NEW HAMPSHIRE CITY/COUNTY OF 1-1', 4`S be ;. , to-wit: The foregoing instrument was acknowledged before me this 17.--day of September, 1998 by Robert A. Coerver, Jr. , Trustee of the Robert A. Coerver Revocable Trust dated April 17, 1997. MICHAEL E. CONWAY, Notary pub;ic My Commission expires: lAy Comrisslon Expires Novoataf 30, ,9 9 Notary Public 98-coerver.dec i,c IAA f L Cri 4�/ 5