HomeMy WebLinkAboutSUB201100129 Agreements 2012-04-30 Prepared by: John A. Dezio,Attorney TMP# 06200-00-00-029A1
2350 Commonwealth Drive, Suite C
Charlottesville,VA 22901
DECLARATION
This PRIVATE STREET AND PRIVATE DRAINAGE MAINTENANCE
AGREEMENT(hereinafter the"Agreement")is made this 30th day of April, 2012,by
ASHCROFT WEST,LLC,a Virginia limited liability corporation(hereinafter the"Declarant"),
whose address is 660 Hunters Place, Suite 101,Charlottesville,Virginia 22911.
WHEREAS,the Declarant is the owner of a parcel of land known as Albemarle County
Tax Map#06200-00-00-029A1 pursuant to a deed in Deed Book 4048,page 748;and
WHEREAS,Tax Map#06200-00-00-029A1 will be subdivided by the Declarant into
Lots 151, 152, 177 and 178 of Ashcroft West,Phase II,as shown and described on a plat of
Gregory G.McGlothlin,Land Surveyor,dated October 18,2011,last revised March 28,2012,
attached hereto and made a part hereof(hereinafter the"Plat"); and
WHEREAS,the access easement shown on the Plat will be a new 50' non-exclusive
ingress and egress easement(hereinafter the"Street")for the use and benefit of Lots 151 through
178 of Ashcroft West.
NOW,THEREFORE,for and in consideration of the premises and the undertaking
contained hereon,the Declarant hereby imposes upon Lots 151, 152, 177 and 178 of Ashcroft
West,a Street to be maintained as follows:
MINIMUM STANDARD: The Street will be maintained with a minimum 20' of asphalt
paved surface and maintained in perpetuity to substantially the same condition it was in when
approved by the County. The travelway shall be maintained so that it is safe and convenient for
passenger automobiles and emergency vehicles at all times, except in severe temporary weather
conditions.
MAINTENANCE: For purposes of this instrument, `maintenance' includes the
maintenance of the private streets or alleys, as well as the maintenance of 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.
COST OF MAINTENANCE: The owners of Lots 151, 152, 177 and 178 in Ashcroft
West shall be equally responsible for the cost of maintenance and/or repair of the Street until
such time as said lots are added to Ashcroft, at which time the maintenance thereof shall be
assumed by Ashcroft Neighborhood Association. Any further division of Lots 151, 152, 177 and
178 in Ashcroft West shall require the reassessment of costs to be equally shared by all owners
using of the Street.No public agency,including the Virginia Department of Transportation
and the County of Albemarle,Virginia,will be responsible for maintaining any
improvement identified herein.
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
owners. In the event that one of the 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, such owner may, after 30 days written notice to all other owners using the
Street,commence or contract for maintenance or repair in order to bring the Street to the
minimum standard. Charges resulting from such repair or maintenance shall be the
responsibility of all owners using the Street.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of
the costs of maintenance or repair, as provided hereinabove,any other owner not in default, or
the person or corporation performing such maintenance,may,after 30 days written notice to the
defaulting parcel owner(s),bring an action of law against each defaulting parcel owner in a court
of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of
Albemarle County a Notice of Lien against all of the said defaulting parcel owners to secure the
payment of the assessment of a parcel failing to pay his/her proportional share of the
maintenance or repair. The amount due by a delinquent owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance,and the
delinquent owner shall be liable to pay all costs of collection, including reasonable attorney's
fees.
DRAINAGE EASEMENT: The new Private Drainage Easement, shown on said attached
plat, shall be maintained by Declarant until such time as Lot 151 and Lot 178 of Ashcroft West,
Phase II,are added to Ashcroft,at which time the maintenance thereof shall be assumed by
Ashcroft Neighborhood Association.
[SIGNATURE PAGE FOLLOWS)
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on
its behalf by its duly authorized agent.
Ashcroft West, LLC
BY: J/47C1
Richard L. Be r, Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE,to-wit:
The foregoing Declaration was acknowledged before me this 30 day of April, 2012,by
Richard L. Beyer, Manager of Ashcroft West, LLC.
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