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HomeMy WebLinkAboutSUB200000141 Agreements 2000-07-27 Prepared by: Parker, McElwain& Jacobs, P.C. Charlottesville, Virginia Tax Map 58, Parcel 3J THIS DECLARATION OF SUBDIVISION, RESTRICTIVE COVENANTS AND EASEMENTS is made this 27th day of July, 2000, by MacMillan Pace & Bowen, Inc., a Virginia corporation, herein the Declarant, provides: The Declarant is the owner of that certain tract of land consisting of 27.784 acres located on State Route 676 (Tilman Road) in the Samuel Miller District of Albemarle County, Virginia, herein the Property, having taken title thereto by deed from Andrew J. Adams, et als, dated March 7, 2000, which is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1909, page 220. The Declarant desires to effect a subdivision of the Property into four(4) lots as shown on the attached Final Subdivision Plat for Tax Map 58, Parcel 3J, Meriwether Lane Subdivision, Samuel Miller District, Albemarle County, Virginia, dated June 5, 2000, revised July 5, 2000, prepared by Rivanna Engineering & Surveying, Inc., herein the Plat; to subject the Property to certain restrictive covenants; and to create various easements effecting the Property. The Declarant on behalf of itself, its successors and assigns hereby declares the subdivision of the Property into Lot 1 containing 2.661 acres, Lot 2 containing 3.075 acres, Lot 3 containing 5.272 acres and Lot 4 containing 16.706 acres, as shown on the Plat. The Lots shall collectively be known as Meriwether Lane Subdivision. The Declarant further declares that the Lots shall be held, transferred, sold, conveyed and occupied subject to the terms and conditions 0\ J npo set forth herein, all of which shall run with the Lots and shall be binding on all parties having '. any right, title or interest in any Lot or any portion thereof, and shall inure to the benefit of each owner thereof. This subdivision is made with the consent and approval of the appropriate authorities of Albemarle County, Virginia, as evidenced by the signatures set forth on the Plat. The Declarant hereby declares the establishment of a fifty foot (50') wide non-exclusive easement of right-of-way for ingress from and egress to State Route 676 shown and described on the Plat as Meriwether Hill Lane. The owner of each Lot shall be responsible for one-quarter of the costs of maintenance and repair of the improvements lying within the easement. Maintenance shall include, without limitation, repair of the road surface, curb, gutters, drainage facilities, and removal of snow, water and debris so as to keep the entire length of Meriwether Lane open for reasonable usage by standard passenger vehicles. This maintenance obligation shall run with each Lot in perpetuity. The standard of repair shall be substantially the condition to which the improvement lying within the easement were originally constructed, which consists of six inches (6") of aggregate base and two inches (2") of asphalt surface, fourteen feet (14') in width in addition to four foot (4') shoulders and ditching. Meriwether Hill Lane shall be a private road, will not be maintained or repaired by the Commonwealth of Virginia, the County of Albemarle or any other public agency. In the event that any owner of a Lot deems that repairs should be made in accordance with the standard set forth herein, he shall so notice the other Lot owners in writing. After such written notice any Lot owner shall have the right to order estimates for the maintenance or repairs necessary to maintain the improvements to the standard set forth above. The Lot owners shall designate one owner to coordinate the maintenance and/or repairs. The .,a,P o \o Lot owner so chosen shall have the right and authority to contract for such maintenance and/or /\/' repairs, which once exercised shall be binding upon all Lot owners subject to the terms and conditions set forth herein. The coordinating owner shall, upon receipt of a written estimate(s), provide written notice to all Lot owners of the contract cost for the maintenance or repairs. After the maintenance or repairs have been made the coordinating owner shall bill all Lot owners for their proportionate share of such expenses. In the event that any Lot owner fails to pay his proportionate share of such expenses within thirty(30) days of receipt of such notice, then the coordinating owner may cause the preparation of a statement of delinquency in recordable form. The recordation of such a statement shall in itself create a lien against the Lot whose owner has not contributed his proportionate share of the costs. Once recorded such lien shall have priority as to any subsequent liens recorded against such Lot, and shall further be a personal liability of the owner of the subject Lot. Any Lot owner may bring an action at law or in equity against the Lot owner personally obligated to pay any such delinquent assessment. Any costs incurred as a result of a delay in paying the subject invoices, interest at the current legal rate from the date of the recordation of the subject lien and the costs of such action, including without limitation reasonable attorney's fees, shall be added to the amount of such assessment. In addition any Lot owner may enforce the said lien by equitable foreclosure at any time within five (5) years after the date on which the instrument creating it was recorded. Such foreclosure shall be by bill of equity in the same manner as provided for the foreclosure of deeds of trust. The Declarant, for the benefit of each Lot owner and their tenants and guests, hereby declares the establishment of a pond, wetland and stream protection easement shown on the Plat as StormwaterBMP Maintenance Easement and referred to herein as the Stream Protection \ Area. Each Lot owner, their tenants and guests shall be permitted access to the entirety of this (, A� easement. Each Lot owner shall be responsible for one-quarter of the cost of maintenance and repair of the dam, overflow drain pipe and all other improvements lying within the Stream Protection Area. This maintenance and repair obligation shall run with each Lot in perpetuity to insure that the improvements lying within the easement remain in a state of good repair as determined by applicable governmental standards, which shall include without limitation standards promulgated by the U.S. Army Corps of Engineers. No public agency, including without limitation the Virginia Department of Transportation, any other state agency and Albemarle County, will be responsible for the maintenance and repair of the improvements lying within the Stream Protection Area. In the event that any governmental agency requires maintenance or repairs to the improvements located within the easement, or in the event that any Lot owner deems repairs should be made in accordance with the standard set forth herein, written notice shall be delivered to all Lot owners. After such written notice any Lot owner shall have the right to order a written estimate for the maintenance or repairs as are necessary in order to maintain the improvements lying within the easement created hereby to the standard set forth above. The Lot owners shall designate one owner to coordinate the maintenance and/or repairs. The Lot owner so chosen shall have the right and authority to contract for such maintenance and/or repairs, which once exercised shall be binding upon all Lot owners subject to the terms and conditions set forth herein. The coordinating owner shall, upon receipt of a written estimate(s), provide written notice to all Lot owners of the contract cost for the maintenance or repairs. After the maintenance or repairs have been made the coordinating owner shall bill all Lot owners for their proportionate share of such expenses. In the event that any Lot owner fails to pay his proportionate share of such expenses within thirty (30) days of receipt of such notice, then the coordinating owner may cause the preparation of a statement of \i delinquency in recordable form. The recordation of such a statement shall in itself create a lien against the Lot whose owner has not contributed his proportionate share of the costs. Once recorded such lien shall have priority as to any subsequent liens recorded against such Lot, and shall further be a personal liability of the owner of the subject Lot. Any Lot owner may bring an action at law or in equity against the Lot owner personally obligated to pay any such delinquent assessment. Any costs incurred as a result of a delay in paying the subject invoices, interest at the current legal rate from the date of recordation of the subject lien and the costs of such action, including without limitation reasonable attorney's fees, shall be added to the amount of such assessment. In addition any Lot owner may enforce the said lien by equitable foreclosure at any time within five (5) years after the date on which the instrument creating it was recorded. Such foreclosure shall be by bill of equity in the same manner as provided for the foreclosure if deeds of trust. No Lot owner shall have any riparian rights with respect to the pond and/or stream located within the Stream Protection Area. No Lot owner may build any structure or improvement within the Stream Protection Area without the written consent of all Lot owners. Should any Lot owner desire to challenge the need for any noticed maintenance or repair he must do so within fourteen (14) days of receipt of such notice. Failure to effect a written challenge in a timely manner shall be conclusive proof of an acknowledgment that the proposed maintenance and/or repairs fall within the scope of the appropriate standard as set forth herein. If a written challenge is made in a timely manner, the issue shall be referred to an arbitrator chosen by a majority of the Lot owners, with each Lot being able to cast only one vote. In the event that multiple owners of any Lot fail to agree upon such vote, the vote pertaining to such AV \6) Lot shall be deemed an abstention. The determination of the arbitrator shall be binding upon all Lot owners, and shall not be subject to review or appeal, it being the intention of these restrictions to preclude such matters from judicial review. The challenging Lot owner(s) shall bear one half of the costs of the arbitration, and the remaining Lot owners shall bear the other half of the costs of the arbitration, provided that each group shall bear their own costs of representation. The Declarant hereby declares the establishment of a fifteen foot (15') wide access easement for the benefit of Lot 1 across Lot 2 in order to provide ingress to and egress from the Stream Protection Area as shown on the Plat. The owner of Lot 1 may maintain the easement in such a condition so as to provide reasonable access by foot to the Stream Protection Area. The Declarant hereby declares the establishment of an easement ten feet (10') in width and five feet (5') in depth on Lot 1 as described on the Plat for the construction and maintenance of a sign or monument identifying the subdivision. Once construction by the Declarant is complete each Lot owner shall be responsible for one-quarter of the cost of maintenance and repair of the improvements. The provisions for maintenance and repair of such improvements shall be the same as those pertaining to the access easement described above, including without limitation the provisions for a lien against any Lot owner who does not contribute his proportionate share in a timely manner. The Declarant hereby declares the establishment of sight, grading and a drainage easements, the latter being twenty feet (20') wide, on Lot 1 as shown on the Plat. The Declarant hereby declares the establishment of an access easement twenty feet (20') in width and seventy feet (70') in depth on Lot 3 as shown on the Plat for construction and maintenance of a dry hydrant. � �� The Declarant on behalf of itself, its successors and assigns, hereby reserves the right to make any use of the easements established by this Declaration which does not interfere with the purposes for which the easements have been established and which is not inconsistent with the rights granted hereby. The Declarant hereby reserves an easement twenty feet (20') in width along all boundary lines of each Lot for the purposes of constructing, installing, maintaining and repairing utility lines and supportive equipment. No building or portion thereof, no deck, patio, porch or other similar structure shall be permitted within this easement. The Declarant hereby declares the following restrictions, covenants and reservations which shall apply to all of the Lots: There shall be no prohibition upon the further subdivision of any Lot, provided that any such subdivision obtains relevant governmental approval. In the event of further subdivision, the provisions in this instrument shall proportionately attach to all newly created Lots, provided however that if the newly created Lot is accessed by a road other than Meriwether Hill Lane, the newly created Lot shall not be required to participate in the maintenance and/or repair of the improvements to the easement within which Meriwether Hill Lane liees. The Lots shall be used for residential purposes only, provided that home offices may be operated out of any such residence if the business conducted therein does not unreasonably increase traffic on Meriwether Hill Lane, it being the intention of this restriction to confine traffic using Meriwether Hill Lane to that typically associated with residences, both in frequency and character. No mobile homes, campers or vehicles designed for mobile living may be used as either temporary or permanent living spaces on any Lot. All improvements, including without limitation all additions to existing dwellings and all free standing buildings and all reconstruction, shall conform in architectural design, materials and color to the improvements initially constructed on each Lot. Once construction has begun on any such improvement it shall be diligently pursued until completed. No nuisance shall be maintained on any Lot, nor shall any activity be conducted on any Lot which shall become a reasonable annoyance to any other Lot owner. No trash, garbage or refuse shall be accumulated or stored on any Lot. No animals other than conventional household pets may be kept on any Lot. Livestock are not, for the purposes of this document, deemed to be conventional household pets. All vehicles belonging to or used by all Lot owners, their tenants and guests shall be parked on the relevant Lot and not along Meriwether Hill Lane. No unlicenced automobiles, recreational vehicles, trailers, boats, personal water craft, or other similar vehicles shall be kept upon any Lot where they may be seen from any other Lot, Meriwether Hill Lane or the Stream Protection Area. Laundry may not be hung outside where it is visible from any other Lot, Meriwether Hill Lane or the Stream Protection Area. All fuel tanks must either be below ground or screened in such a manner that they are not visible from any Lot, Meriwether Hill Lane or the Stream Protection Area. Trash recepticals shall be kept where they are not visible from any Lot, Meriwether Hill Lane or the Stream Protection Area, except when placed on Meriwether Hill Lane for imminent service. No lighting may be operated on any Lot that causes a reasonable annoyance to the owner of any other Lot. No trees located within fifty feet (50') of any boundary of any Lot or the boundary of the Stream Protection Area having a diameter of greater than five inches (5") in diameter at a height of five feet (5') from the ground may be trimmed or removed unless such tree is dead or presents an imminent threat of damage to a residence or outbuilding. The restrictions, covenants and conditions set forth herein, as distinguished from the 4' perpetuity, shall affect and run with the � easements created hereby which are intended to last in e etui land and shall be binding upon all parties and all persons claiming under them for thirty (30) years from the date this instrument is recorded among the land records of the Clerk's Office of the Circuit Court of Albemarle County, Virginia, and shall be automatically extended for additional periods of five (5) years each unless an instrument signed by all owners of Lots effected hereby has been recorded in the said Clerk's Office purporting to change the restrictions, covenants and conditions in whole or in part. The owner of any Lot affected by the foregoing restrictions, covenants and conditions my proceed at law or in equity to prevent the occurrence, continuation or violation of any such restriction, covenant or condition. The court in any such action may award the successful party reasonable expenses, including attorney's fees, in prosecuting such action. The remedies set forth herein are cumulative. Except as expressly set forth herein, no delay or failure on the part of an aggrieved party to invoke an available remedy in respect of a violation of any of these restrictions, covenants or conditions shall be held to be a waiver by that party of, or an estoppel of that party to assert, any right available to him upon the recurrence or continuation of said violation or the occurrence of a different violation. The owner of any Lot subject to this Declaration by acceptance of the deed thereto, or the execution of a contract for the purchase thereof, shall be bound by the terms and conditions of this Declaration, whether or not specific reference hereto is made in such deed or contract. Each restriction, covenant and condition set forth herein shall be independent of and severable from all other restrictions, covenants and conditions. If any restriction, covenant or condition is adjudged to be invalid or unenforceable, such holding shall not effect the remaining restrictions, covenants and conditions. Wherever applicable, the singular form of any word shall be taken to \\o t mean the plural, the plural form of any word shall be taken to mean the singular, and the masculine form shall be taken to mean the feminine or neuter. Witness the following duly authorized signature and se 1: MacMillan ace &- owen, Inc. By;' (SEAL) Cl er Bowen, President Commonwealth of Virginia, County of Albemarle: The foregoing Declaration of Subdivision, Restrictive Covenants and Easements was acknowledged and signed before the undersigned Notary public for the Commonwealth of Virginia, at large, by Christopher Bowen as President of MacMillan Pace & Bowen, Inc., this ,)?7 day of 1--,-/) , 2000. Notary Public My commission expires: coA,A