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Home My WebLink AboutSUB202100170 Easements 2021-10-21PREPARED BY: ASHLEIGH M. PIVONKA, VSB # 89492 ZUNKA, MILNOR & CARTER, LTD. 414 Park Street Charlottesville, VA 22902 Albemarle County Parcel ID # 70-26D; 70-26A, 70-26C BOUNDARY LINE ADJUSTMNET, DEED OF EASEMENT AND PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this of 2021 by Robert G. Shifflett (hereinafter, the "Declarant"), whose address is WHEREAS, the Declarant is the current owner of those certain parcels of land known as Albemarle County Parcel ID # 70-26C ("Shifflett Properly' j; and WHEREAS, said Shifflett Property is being subdivided as shown on the Plat attached hereto, into Lot 2, Area `B' that is 2.68 acres, more or less ("Lot 2") and Lot 1, Area `A' which is 2.25 acres ("Lot 1"), more or less, and WHEREAS, the purpose of this document is to for the Declarant to declare and perpetual non-exclusive access easement for the benefit of Lot 2 that will run over and across Lot 1; and WHEREAS, the access easement described below (hereinafter, the "Street") is to be a non- exclusive ingress and egress easement to and from State Route 692 (Plank Road) for the joint use and benefit of the Lot 1 and Lot 2. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant declares and hereby imposes the following covenants and obligations upon the Lot 1 for the benefit of Lot 2: 1. DECLARATION OF EASEMENT. The Declarant does hereby DECLARE, on behalf of his successors and/or assigns, that Lot 1 shall be burdened by a perpetual and non-exclusive pedestrian and vehicular access easement over and across a aortion of Lot 1 said easement being more particularly described as the "New 30' Joint Access Esmt." on a plat by Roudabush, Gale & Associates. Inc.. dated October 8. 2021 entitled "Plat Showing Boundary Line Adjustment Tax Map 70, Parcels 26A and 26C and Subdivision Creating New Area `A'. Lot 1 and New Area `B'. Lot 2" (Plat"), Said Plat which is attached hereto and recorded herewith. The location of the Easement, travelway and shall not be expanded in width nor may the intensity of use be increased outside of normal ingress -egress for residential use. Owners of the Lot 1 and Lot 2 shall not permit cars to be parked on the Street. 2. 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 as it exists as of the date of recordation of this instrument, which is as a driveway composed of an approximately twelve (12) foot wide base gravel. The owners of Lot 1 and Lot 2 may agree to improve the Street to a better condition. The driveway shall at all times be maintained so that it is safe and reasonably convenient for passenger vehicles and emergency services vehicles at all times except in severe temporary weather conditions. 3. DEFINITIONS: For purposes of this instrument, "owner" means the Declarant and any successors in ownership of each of the respective Lot 1 or Lot 2. The term "maintenance" includes the maintenance of the Street and other existing improvements thereto, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street reasonably open for usage by passenger vehicles and emergency services vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. 4. COST OF MAINTENANCE: The owners of Lot 1 and Lot 2 shall be equally responsible for the cost of the maintenance of and/or repair to the Street. Notwithstanding anything herein to the contrary, the obligation of the owners of Lot 1 and Lot 2 to "maintain" (or any derivation of that verb) the Street shall not include the obligation to bear the cost of any repairs for damage to the Street caused by excessive or improper use by any other party (it being understood that the liability for the cost of any such repairs shall be the sole responsibility of the party who caused the damage). The cost of installation, maintenance or repair of any utilities within the easement area shall be home solely by the party installing or utilizing the utilities. 5. SUCCESSORS AND ASSIGNS: The covenants, terms and conditions of this Declaration shall run with the land and insure to the benefit of the Declarants, their successors and/or assigns. 6. RECITALS: The preceding recitals are incorporated herein by reference. 7. LIEN FOR LACK OF PAYMENT: Owners of Lot 1 and Lot 2 shall be liable for the cost of repairs and maintenance as described above of said Street and shall pay to the person or corporation performing such repairs or maintenance said proportionate share of the costs thereof within thirty (30) days after a bill for such charges is submitted by the person or corporation performing such repairs or maintenance. If not paid within said time period the amount due by the owner who failed to pay shall bear interest at the maximum rate provided by law and if payment is made by the other owner or their successors in interest, and the person or corporation performing such repairs or maintenance may bring an action at law against the owner failing to pay, or successors in interest, obligated to pay said charges or foreclose the lien hereinafter provided for against such lot owner's property, and interest, costs and reasonable attorney's fee shall be added to the amount of such charge for which such lot owner is responsible. 8. CONTINUING LIEN: There shall be a continuing lien upon the Lot 1 and Lot 2 to secure the payment of the charges herein provided for road repairs or maintenance. If the cost of repairs or maintenance is not paid by either lot owner or both within thirty (30) days after the same becomes due and payable a notice of such non-payment as to such lot may be recorded by the respective lot owner or by the person or corporation performing such maintenance or repairs in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, and from the time of such recordation the amount stated in the notice with interest, costs and reasonable attorney's fees shall become a lien prior to any first or second mortgages or deeds of trust recorded subsequent to the date of such notice. 9. NO PUBLIC AGENCY LIABILITY: No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, and/or Fluvanna County, Virginia will be responsible for maintaining any improvement identified herein. 10. MUTUAL INDEMNIFICATION. The owner of the Tract 1 and the owner of the Tract 2, on behalf of itself, their heirs, successors in interest, and/or assigns, agrees to hold harmless from and against any and all loss, liability, damage, cost and expense of every kind and nature (including, but not limited to, reasonable attorney's fees and costs ("Loss") which it, or any of them or their successors in interest, may suffer or incur as a result of the use of the easement area except for damages caused by the negligence and/or intentional actions of the owner(s), guest(s), and/or agent(s) of the other tract. SPACE LEFT INTENTIONALLY BLANK IN WITNESS WIIEREOF, the Declarant has caused this Declaration to be executed. [SEAL] Robert G. Shifflett STATE OF CITY/COUNTY OF I to -wit: The foregoing Declaration was acknowledged before me this _ day of 20 by Robert G. Shifflett. Notary Public My commission expires: My notary registration no.: