HomeMy WebLinkAboutSUB199800298 Agreements 1999-03-01 1
PREPARED BY ROBERT M. MUSSELMAN & ASSOCIATES
THIS ROAD MAINTENANCE AGREEMENT, made this 1st day of March,
1999 , by REDFIELDS DEVELOPMENT CORPORATION , hereinafter
" Redfields " ,
RECITALS
Redfields is the owner of a certain parcel of land in
Albemarle County, Virginia , containing 43 . 6812 acres , pursuant to
a deed of Elizabeth E. Miller and Percy Montague, III , Trustees
of the Redfields Land Trust , dated July 28 , 1998 , and recorded in
the Clerk ' s Office of the Circuit Court of said County in Deed
Book 1738 , page 37 . Redfields has caused a portion of said
parcel to be subdivided into 81 lots , to be known as Phase 3-B,
Redfields , as shown on a plat of Kirk Hughes & Associates , dated
July 1 , 1998 , entitled " Redfields 'A Planned Residential
Community ' Phase 3-B " , a copy of which is recorded immediately
prior to this Road Maintenance Agreement .
Among the 81 lots are two lots numbered 75 and 76 , which do
not front on an established road of Redfields Subdivision . As
shown on said subdivision plat , access to these two lots will be
by a 15 ' easement running from the street known as Nettle Court
to the southern boundaries of the two lots . Maintenance of this
easement will be provided by Redfields only until Redfields no
longer owns both lots ; at no time will maintenance be provided by
the Redfields Community Association or by any public agency.
Redfields wishes to provide for the future maintenance of this
easement .
NOW THEREFORE, for and in consideration of the premises set
forth herein, Redfields hereby subjects Lots 75 and 76 , Phase 3-
B , Redfields , to the following terms and conditions ;
1 . Redfields shall convey to the purchaser of each lot a
non-exclusive easement of right-of-way for ingress and egress
over the 15 ' Access Easement shown on Sheet 6 of the Phase 3-B
subdivision plat , recorded immediately prior hereto . Redfields
shall have no obligation to convey any access to said lots other
than this easement .
2 . All responsibility for the maintenance and upkeep of the
road located on said easement shall be borne jointly and equally
by the legal owners of Lots 75 and 76 , and their successors in
interest . In the event that other lots are developed beyond Lots
75 and 76 which require access over said easement , then the legal
owners of those lots shall join with the owners of Lots 75 and 76
and shall share jointly and equally in the maintenance and upkeep
of the road on said easement .
3 . The level of maintenance shall be determined and agreed
upon unanimously by all of the owners of lots served by the
access easement . At a minimum, however , the road shall be
maintained in perpetuity as a dirt or gravel driveway, 12 feet
wide, extending from the cul -de-sac of Nettle Court to the
southern boundary of Lots 75 and 76 , and maintenance shall be
performed on the road whenever necessary to assure normal passage
by a passenger motor vehicle in other than extreme weather
conditions and without causing damage to such vehicle .
4 . In the event that any owner of a lot served by this
easement fails to pay its share of the costs of maintenance and
upkeep , then upon a majority vote of the remaining owners , such
owners may record a lien for such costs against the lot of the
owner who has failed to pay . Such lien shall be recorded in the
Clerk ' s Office of the Circuit Court of Albemarle County,
Virginia . Neither the County of Albemarle nor the State of
Virginia shall bear any responsibility for maintenance or upkeep,
or the costs thereof , of this road.
WITNESS the following signature :
REDFIELDS DEVELOPMENT CORPORATION
By : L�
Pre iden
STATE OF VIRGINIA
CITY OF CHARLOTTESVILLE, to wit :
The foregoing document was acknowledged before me this dJ
day of March, 1999, by Gaylon T . Beights , President of
Redfields Development Corporation .
N/otar Public
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