HomeMy WebLinkAboutSUB202100082 Agreements 2021-10-15Prepared by and upon recordation return to:
Mary Katherine MCGetrick Esq. (VSB no. 47084)
Williams Mullen
321 E. Main Street, Suite 400
Charlottesville, VA 22902
Tax Parcel No. 06100-00-00-0165R
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration') is made this _ of , 2021, by
DUNLORA INVESTMENTS, LLC, a Virginia limited liability company (hereinafter,
the "Declarant(s)"), whose address is 455 Second Street, Charlottesville, VA 22902.
WHEREAS, the Declarant(s) is the owner(s) of a parcel of land known as
Albemarle County Parcel ID #06100-00-00-0165R; and
WHEREAS, Albemarle County Parcel ID #06100-00-00-0165R is being
subdivided by the Declarant(s) into Lots 29-34 (inclusive), as shown and described on a
plat by Roudabush, Gale & Associates, Inc., dated July 2, 2021, a copy of which is attached
hereto and incorporated herein by reference (hereinafter, the "Plat'); and
WHEREAS, the access easement shown on the Plat is to be a new or existing
variable width non-exclusive ingress and egress easement shown as "LINDLEY PLACE
VARIABLE WIDTH PRIVATE ALLEY EASEMENT" on the Plat (hereinafter, the
"Street") for the use and benefit of Lots # 29-34 (inclusive) shown on the Plat (the "Phase
II Lots").
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant(s) hereby impose(s) the following obligations upon the
Phase II Lots:
MINIMUM STANDARD: The Street shall be maintained in perpetuity to a standard
that, at a minimum, ensures that it will remain in substantially the same condition it
was in when approved by the County: (describe the standard that the street will be
constructed to. Example — a "X feet' wide base of gravel or a superior surface as
agreed to in the future via supplemental declaration). The travelway shall at all
times be maintained so that it is safe and convenient for passenger automobiles and
emergency vehicles at all times except in severe temporary weather conditions.
2. DEFINITIONS: For purposes of this instrument, "maintenance" includes the
maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage
facilities, utilities, dams, bridges and other private street improvements, and the prompt
removal of snow, water, debris, or any other obstruction so as to keep the private street
or alley reasonably open for usage by all vehicles, including emergency services
vehicles. The term "to maintain," or any derivation of that verb, includes the
maintenance, replacement, reconstruction and correction of defects or damage.
3. WHEN TO MAINTAIN: After the initial construction of the Street, any further
construction, maintenance or repair shall be undertaken only with the mutual consent
of all Phase II Lot owners, provided that in the event that (a) one or more of the Phase
II Lot owners determines that the Street is not safe and convenient for passenger
automobiles and emergency vehicles at all times (except in severe temporary weather
conditions), and (b) such Phase II Lot owner(s) give(s) 30 days prior written notice to
all other Phase II Lot owners using the Street, such Phase II Lot owner(s) may
commence or contract to bring the Street to the minimum standard, and the resulting
costs shall be the responsibility of all Phase II Lot owners using the Street.
4. DEFAULTING OWNER(S): If any Phase II Lot owner(s) fail(s) to pay their
proportionate share of the costs of maintenance or repair for which they are responsible,
as provided hereinabove, any other Phase II Lot owner(s) not in default or the person
or corporation performing such maintenance may, after 30 days written notice to the
defaulting Phase II Lot owner(s), bring an action of law against each defaulting Phase
II Lot owner(s) in a court of competent jurisdiction and/or may record in the Clerk's
Office of the Circuit Court of Albemarle County, allotice of Lien to secure the payment
of any defaulting Phase II Lot owner(s)' proportional share of maintenance or repair.
The amount due by any delinquent Phase II Lot owner(s) will bear interest at the
maximum judgment rate provided by law from the date of completion of the
maintenance. The delinquent Phase II Lot owner(s) shall be liable for all costs of
collection, including reasonable attorney's fees.
5. COST OF MAINTENANCE: The Phase II Lot owners shall be equally responsible
for the cost of the maintenance of and/or repair to the Street, from the intersection with
Varick Street to the southern boundary of Lot 34. Any further division of the Phase II
Lots shall require the reassessment of cost to be equally shared by all owners using the
Street.
6. No public agency, including the Virginia Department of Transportation and the
County of Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein.
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IN WITNESS WHEREOF, the Declarant(s) has/have caused this Declaration to be
executed on his/her/its/their behalf by his/her/its/their duly authorized agent.
DUNLORA INVESTMENTS, LLC, a Virginia
limited liability company
By: RIVER BEND MANAGEMENT, INC.,
a Virginia corporation,
its Manager
Alan R. Taylor, President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me, a
Notary Public in the aforesaid jurisdiction, this _ day of 2021, by Alan
R. Taylor, who is either personally known to me or has satisfactorily proven to be the
person whose name is subscribed to the foregoing instrument, as President of River Bend
Management, Inc., as Manager of Dunlora Investments, LLC, a Virginia limited liability
company, on its behalf.
[Affix Seal]
Notary Public
Registration Number:
My Commission Expires:
46096678_2