HomeMy WebLinkAboutSUB202100098 Agreements 2021-11-30Prepared by:
McCallum & Kudravetz, P.C.
250 E. High Street
Charlottesville, VA 22902
Albemarle County Parcel ID # 06600-00-00-010JA
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this 3t) "of November, 2021, by VIRGINIA
LAND, L.L.C., a Virginia limited liability company (hereinafter, the "Declarant"), whose
address is 195 Riverbend Drive Suite 1, Charlottesville, VA 22911.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle
County Parcel 06600-00-00-01 OJA; and
WHEREAS, Albemarle County Parcel 06600-00-00-OIOJA is being subdivided
by the Declarant into the following lots (each, individually, a "Lot"): Lot B, containing
2.466 acres, more or less ("Lot B"), and the Residue, containing 2.573 acres, more or less
(the "Residue"), as shown and described on a plat by MERIDIAN PLANNING GROUP,
LLC, last revised on October 21, 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 as `New 30' Shared
Driveway Easement' is to be a new thirty foot (30') wide non-exclusive ingress and
egress easement for the use and benefit of Lot B and the Residue as shown on the Plat,
with the private road located therein hereinafter defined as the "Street".
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes the following obligations
upon Lot B and the Residue:
1. INITIAL CONSTRUCTION. The initial construction of the Street shall be
undertaken by the Declarant, and at its sole expense.
2. MINIMUM STANDARD: After the initial construction, 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: a ten (10)
foot wide gravel road with a minimum stone depth of six (6) inches. 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.
3. 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.
4. 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, provided that in the event that (a) one or more 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), and (b) such
owner(s) give(s) thirty (30) days prior written notice to all other owners using the
Street, such owner(s) may commence or contract to bring the Street to the minimum
standard, and the resulting costs shall be the responsibility of all owners using the
Street in accordance with the provisions hereof. Additionally, each owner of a Lot
shall be solely responsible for any Maintenance which is (a) necessitated by
construction activities upon such owner's Lot, or (b) caused by the negligence or
intentional acts or omissions of such Lot owner or his/her agents, occupants, or
guests.
5. IMPROVEMENTS. The owner(s) of Lot B and/or the Residue may make
improvements to the Street in order to improve the Street beyond its initial condition.
The cost for such improvements shall be home solely by said Lot owner, and may not
be assessed against the other Lot owner unless the Lot owner initiating the
improvement obtains the written consent . of the other Lot owner to such
improvements and cost thereof, either before or after such improvements are
performed (the "Improvement Consent"). If such Lot owner acquires the
Improvement Consent, such owner may send notice for payment to the other owner
or, in the event of a failure to pay, may follow the procedure set forth in Paragraph 6
below.
6. DEFAULTING OWNER(S): If any 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 owner(s) not in default or the person or corporation
performing such maintenance may, after thirty (30) days written notice to the
defaulting parcel owner(s), bring an action of law against each defaulting parcel
owner(s) 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 to secure the payment of
any defaulting parcel owner(s)' proportional share of maintenance or repair. Said lien
once recorded shall have priority as to any subsequent liens recorded against the
delinquent owner's property and shall further be a personal obligation of the
delinquent owner. The amount due by any delinquent owner(s) will bear interest at
the maximum judgment rate provided by law from the date of completion of the
maintenance. The delinquent owner(s) shall be liable for all costs of collection,
including reasonable attorney's fees.
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7. COST OF MAINTENANCE: The owner(s) of Lot B and the Residue shall be
equally responsible for the cost of the maintenance of and/or repair to the shared
portion of the Street, from its intersection with Route 22 (Louisa Road) to twenty feet
(20') past the point at which a driveway extends off of the Street to serve a house on
the Residue. The owner of Lot B shall be solely responsible for the cost of the
maintenance of and/or repair to the remaining portion of the Street which solely
serves Lot B. Any further division of Lot B or the Residue shall require the
reassessment of cost to be equally shared by all owners using the Street.
8. No public agency, including the Virginia Department of Transportation and the
County of Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein.
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.
VIRGINIA LAND, L.L.C.
BY:
Charles Wm. Hurt, Manager
STATE OF VIRGINIA AT LARGE
CtTJ&COUNTY OF to -wit:
The foregoing Declaration was acknowledged before me this Sc44 day of
M ne rh d, 202.1 , by Charles Wm. Hurt, Manager of VIRGINIA LAND, L.L.C., on
its behalf.
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