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HomeMy WebLinkAboutSUB201700103 Correspondence 2018-08-30 �OF V41111 I��SI COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434) 296-3088 Fax(434)972-4126 Date: August 30, 2018 County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project: Ragland Final Plat(SUB201700103) and Road Maintenance Agreement("Declaration") Date Submitted: August 30,2018 (Declaration) Attached is a copy of the road maintenance agreement for the project referenced above, for review and approval by the County Attorney's Office. Also included is a copy of the signed and notarized signature copy of the Ragland Final Plat(SUB201700103). This subdivision and boundary line adjustment final plat is ready for County approval,pending approval of the corresponding road maintenance agreement("declaration")required by County Code §§ 18-14.235(A) and 18-14.317. Please contact me with any questions or requests for assistance. Thank you, 'Yte(.. eadAtio- Tim Pa lino,AICP Senior Planner x. 3088 Community Development Document Review County Attorney's Office TO: I t PclAc4i. i f\-L) PROJECT NUMBER: U 5 20 ( '6 t D 3 You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination Other: Fccji nna:erct-:errileN Ce The document is: is approved is approved with minor edits as noted on the attached is not approved because: : Signatures or acknowledgement need to be redone(see comment below) : Legal description needs to be revised(see comment below) : Other(see comment below) Comment: lee-) Ork P. _ If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. Date: Gre the t"l Cou t orney DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day of 2018, by Finley Lee Ragland and Christina Elizabeth Ragland (hereinafter, the "Declarant"), whose address is 3591 Burnley Station Road, Barboursville, VA 22923; WHEREAS, Christina Elizabeth Ragland is the owner of a parcel of land known as Albemarle County Tax Map #22 Parcel #3B pursuant to the plat/deed in Deed Book#363, Page #17; and WHEREAS, Tax Map #22 Parcel # 3B will be subdivided by the Declarant into Lot A containing 1.324 ac., which Lot A shall be modified by the addition of Lot C containing 0.546 ac though boundary line adjustment with adjoining Tax Map #22 Parcel #3D, and which Lot A shall be further modified by the addition of Lot B containing 2.516 ac., which altogether shall comprise a new parcel of record to be 4.39 ac. in total size and which shall be known as Parcel #3E, as shown and described on a plat by Bob Coleman, LS, dated May 21, 2018, a copy of which is hereto attached and made part of this Agreement (hereinafter, the "Plat"); and WHEREAS, the access easement shown on the Plat will be a new or existing 30 feet wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of Lots 3B and 3E shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lots# 3B and # 3E a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained such that it (i) shall not exceed a sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway that is at least ten (10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is clear of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen (14) feet in height, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travel way shall always 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, and all 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 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 owner(s) of Lot# 3B shall be responsible for the cost of the maintenance of, and or repair to the Street, from State Road to the residence of Lot 3B. Lot 3E will be responsible for the cost of the maintenance of, and or repair to the Street, from the end of Lot 3B driveway to the end of the Street at Lot#3E. Any further division of Lots 3B and 3E shall require the reassessment of cost 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, provided that 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 and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNERS(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, 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 parcels owners to secure the payment of the assessment. The amount due by any delinquent Owner shall bear interest at the maximum judgement 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. IN WITNESS WHEREOF, the Declarants has caused this Declaration to be executed. BY: Finley Lee Ragland BY: Christina Elizabeth Ragland STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to-wit: The foregoing Declaration was acknowledged before me this day of , 2018 by Finley Lee Ragland and Christina Elizabeth Ragland NORTARY PUBLIC: My commission expires: of 4� 4471 AllOgfis: vI��1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-3088 Fax(434)972-4126 Date: August 30, 2018 County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project: Ragland Final Plat(SUB201700103) and Road Maintenance Agreement("Declaration") Date Submitted: August 30, 2018 (Declaration) Attached is a copy of the road maintenance agreement for the project referenced above, for review and approval by the County Attorney's Office. Also included is a copy of the signed and notarized signature copy of the Ragland Final Plat(SUB201700103). This subdivision and boundary line adjustment final plat is ready for County approval,pending approval of the corresponding road maintenance agreement("declaration")required by County Code §§ 18-14.235(A) and 18-14.317. Please contact me with any questions or requests for assistance. Thank you, Tim Padalino,AICP Senior Planner x. 3088 ru:d 2.181.8/;. DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter,the "Agreement") is made this day of 2018, by Finley Lee Ragland and Christina Elizabeth Ragland (hereinafter, the "Declarant"), whose address is 3591 Burnley Station Road, Barboursville, VA 22923; WHEREAS, Christina Elizabeth Ragland is the owner of a parcel of land known as Albemarle County Tax Map #22 Parcel #3B pursuant to the plat/deed in Deed Book#363, Page #17; and WHEREAS, Tax Map #22 Parcel #3B will be subdivided by the Declarant into Lot A containing 1.324 ac., which Lot A shall be modified by the addition of Lot C containing 0.546 ac though boundary line adjustment with adjoining Tax Map #22 Parcel #3D, and which Lot A shall be further modified by the addition of Lot B containing 2.516 ac., which altogether shall comprise a new parcel of record to be 4.39 ac. in total size and which shall be known as Parcel #3E, as shown and described on a plat by Bob Coleman, LS, dated May 21, 2018, a copy of which is hereto attached and made part of this Agreement (hereinafter, the "Plat"); and WHEREAS, the access easement shown on the Plat will be a new or existing 30 feet wide non-exclusive ingress and egress easement (hereinafter, the "Street")for the use and benefit of Lots 3B and 3E shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lots# 3B and #3E a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained such that it (i) shall not exceed a sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway that is at least ten (10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is clear of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen (14) feet in height, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travel way shall always 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, and all 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 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 owner(s) of Lot# 3B shall be responsible for the cost of the maintenance of, and or repair to the Street, from State Road to the residence of Lot 3B. Lot 3E will be responsible for the cost of the maintenance of, and or repair to the Street, from the end of Lot 3B driveway to the end of the Street at Lot #3E. Any further division of Lots 3B and 3E shall require the reassessment of cost 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, provided that 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 and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNERS(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, 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 parcels owners to secure the payment of the assessment. The amount due by any delinquent Owner shall bear interest at the maximum judgement 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. IN WITNESS WHEREOF, the Declarants has caused this Declaration to be executed. BY: Finley Lee Ragland BY: Christina Elizabeth Ragland STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to-wit: The foregoing Declaration was acknowledged before me this day of , 2018 by Finley Lee Ragland and Christina Elizabeth Ragland NORTARY PUBLIC: My commission expires: Tim Padalino From: Tim Padalino Sent: Tuesday,January 09, 2018 12:58 PM To: 'elliot.gaines@eclinc.com' Subject: follow-up information/ property on Burnley Station Road Attachments: Notes_Ragland property_2018-01-09.pdf Hello Elliot (and Tina) - - - It was a pleasure speaking with you today, and I hope the attached information is helpful as you continue to work towards a solution that meets your needs. As we discussed, please don't hesitate to follow up with me if/when you need assistance or have any additional questions. Thanks very much; sincerely- - - t4. 2.1K Ma-,( 2Iti,"of 4- ?nvi Tim Padalino, AICP Senior Planner I Community Development Department County of Albemarle, Virginia X WiN,L1 ^ s p" https://www.albemarle.org/department.asp?department=cdd x Qu tA- 42 (,..w1 �rtc st►¢k (434)-296-5832 x. 3088 ic tv Iq-a;i (8) (, (a t1�., i 3(t)-x. 1 Notes: SUB-2017-00103 (Ragland) — January 9, 2018 In response to a January 9th voicemail from Mr. Elliot Gaines, Mr. Gaines and I briefly discussed the following question on the same day: Q: Can we simply add a second dwelling unit to existing TMP 22-3B(3.0 acres)? After research and discussion with other staff members of the Community Development Department (CDD),the following answer and additional information is provided for your consideration: A: No—not unless other steps are accomplished first. Adding a second dwelling unit to parcel 22-3B (as-is)is not possible,primarily because of gross density regulations(County Code Chapter 18 Section 10.4"Area and Bulk Regulations"). However,either of the following options could be undertaken to allow for a second dwelling unit to be added to parcel 3B(subject to additional regulations and requirements contained in the Building Code): Option 1:Boundary Line Adjustment+ Subdivision (one new parcel) 1. Adjust(enlarge)parcel 22-3B by adding a minimum of 2.0 acres and 1 development right to parcel 22-3B,through the preparation and submission of a Boundary Line Adjustment plat.That acreage and development right can come from any of the adjoining properties which has sufficient acreage and at least 1 additional remaining development right to assign,assuming that the property owner(s) of that property agrees to do so. The resulting adjusted(enlarged)parcel 22-3B must have a minimum width of one hundred and fifty(150) feet,and must contain a minimum of 1 building site(not located within the 100-year floodplain)that contains 2 Health Department-approved subsurface drainfields and which otherwise complies with County Code Chapter 18, Sections 4.2.1 and 4.2.2("Building Site Required"and`Building Site Area and Dimensions"). The residue parcel from which the acreage and development right were taken/adjusted must still contain a minimum of 1 building site that contains 2 Health Department-approved subsurface drainfields and which otherwise complies with County Code Chapter 18, Sections 4.2.1 and 4.2.2 ("Building Site Required"and`Building Site Area and Dimensions"). AND THEN: 2. Using the added development right, create a new parcel from the enlarged parcel 3B through the preparation and submission of a Plat of Division.The newly-created parcel must be a minimum of 2.0 acres in size,must be a minimum width of 150 feet, and must contain a building site that is not located within the 100-year floodplain and which contains 2 Health Department-approved subsurface drainfields and which otherwise complies with County Code Chapter 18, Sections 4.2.1 and 4.2.2("Building Site Required"and"Building Site Area and Dimensions"). The new parcel must also be accessed by a new private street(minimum width of 30 feet). Under this approach,this new private street must only serve two lots(maximum),and the private street entrance to/from Burnley Station Road must be located on parcel 22-3B (not located on,or not providing access to/from,parcel 22-3D). The residue parcel(parcel 3B)from which the newly-created parcel is divided must contain a minimum of 1 building site that contains 2 Health Department-approved subsurface drainfields and which otherwise complies with County Code Chapter 18, Sections 4.2.1 and 4.2.2 ("Building Site Required"and`Building Site Area and Dimensions"). Note: This"Option 1"could be done on one plat that shows both steps(boundary line adjustment and division). Option 2:Boundmy Line Adjustment only(no division/no new parcels) 1. Adjust(enlarge)parcel 22-3B by adding a minimum of 2.0 acres and 1 development right to parcel 22-3B,through the preparation and submission of a Boundary Line Adjustment plat.That acreage and development right can come from any of the adjoining properties which has sufficient acreage and at least 1 additional remaining development right to assign,assuming that the property owner(s)of that property agrees to do so. The resulting adjusted(enlarged)parcel 22-3B must have a minimum width of two hundred and fifty(250)feet,and must contain a minimum of 1 building site(not located within the 100-year floodplain)that contains 2 Health Department-approved subsurface drainfields and which otherwise complies with County Code Chapter 18, Sections 4.2.1 and 4.2.2("Building Site Required"and"Building Site Area and Dimensions"). The residue parcel from which the acreage and development right were taken/adjusted must still contain a minimum of 1 building site that contains 2 Health Department-approved subsurface drainfields and which otherwise complies with County Code Chapter 18, Sections 4.2.1 and 4.2.2 ("Building Site Required"and`Building Site Area and Dimensions"). Please contact me(Tim Padalino)at any time with any questions and/or requests for assistance at(434)- 296-5832 x. 3088 or tpadalino@a,albemarle.org.Thank you very much. Tim Padalino From: Tim Padalino Sent: Tuesday, January 16, 2018 5:09 PM To: 'elliot.gaines@eclinc.com' Subject: response to Mr. Coleman's drawing Attachments: Notes_Ragland property_2018-01-09.pdf Hello Elliot, I've taken a look at the drawing you provided last week, and I've also re-reviewed the written guidance that I provided one week ago. I've re-attached those notes, in case that is helpful. It's very difficult for me to determine if the approach shown on the drawing can be approved. There is simply not enough detailed information (such as acreage and other dimensions) to guarantee that this approach would work, or (conversely) to conclude that it wouldn't work. However, it does seem to generally show the approach that I described in that written guidance—and so as you press on, my feedback is simply to make sure that whatever is submitted complies with the basic instructions I provided in writing. That's important whether you all decide to pursue "option 1" (the boundary line adjustment and division, with 1 new dwelling on 1 new lot and 1 existing dwelling on the existing, adjusted parcel 3B) or"option 2" (the boundary line adjustment with no division, with 2 dwellings on adjusted parcel 3B). Of course the other sections of County Code all still apply, but what I've provided previously should give you two successful "blueprints"for accomplishing your stated goals. I wish I could be more specific about the drawing you provided, but I can't make a full assessment of that sketch. The other challenge is that I have been trying to squeeze these informal comments in, around other assignments and responsibilities—so I will be able to commit more time to the review after the County receives a formal resubmittal that gets added to my (official) workload. Thanks for your understanding; and I sincerely hope the information I recently provided is helpful, and that it gets everyone started in the right direction towards completing your project!. Thanks again - - - Tim Padalino, AICP Senior Planner I Community Development Department County of Albemarle, Virginia https://www.albemarle.org/department.asp?department=cdd (434)-296-5832 x. 3088 I. Tim Padalino From: Tim Padalino Sent: Thursday,July 26, 2018 5:25 PM To: 'Elliot Gaines' Cc: Christina Ragland Subject: RE: Street Agreement Attachments: STREET AGREEMENT_received 2018-07-19_suggested rev 2018-07-26.docx Hello Elliot and Tina, Thank you for sending this, and I apologize for the slight delay in following up with you. I've been able to review the draft maintenance agreement for the new private street associated with the two-lot subdivision and boundary line adjustment plat (SUB201700103). I typed up some recommended edits that should be made, before I send this to the County Attorney's Office for legal review. Staff in the County Attorney's Office may also require additional changes to the language in the agreement before they would be willing to approve it. Please review the recommended changes I've attached, and send the draft agreement back to me if you choose to make those recommended changes before I transmit it for legal review. Alternately, I can send the draft maintenance agreement to the County Attorney's Office "as-is." Thanks very much! Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Elliot Gaines [mailto:EGaines@eclinc.com] Sent:Thursday,July 19, 2018 11:39 AM To:Tim Padalino<tpadalino@albemarle.org> Cc:Christina Ragland <CHRISTINA.RAGLAND@regionten.org> Subject:Street Agreement Good morning Mr.Padalino Attached is a copy of our street agreement that I prepared. Can you please look it over and do I give this to the attorney to file with Deed? Thanks for everything. ELLIOTT H. GAINES E C LINC PHONE: 434.293.2593 EX 108 CELL: 434.981.5253 EMAIL:ELLIOT.GAINES@ECLINC.COM 1 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter,the"Agreement")is made this day fit"of J+*,a-2018,by Finley Ragland and Tina Ragland(hereinafter, the"Declarant"),whose address is 3591 Burnley Station Road,Barboursville,VA 229231 WHEREAS,the Declarant(s)is the owner of a parcel of land known as Albemarle County Tax Map#22 Parcel#3EI pursuant to the plat/deed in Deed Book#363,Page#17;and Commented[TP1]:is this the right parcel?Looking at the County GIS-Web and the plat prepared by Mr Coleman,it 6 appears that this sentence should reference#3B(not#3E)... WHEREAS,Tax Map#22 Parcel#P�will be subdivided by the Declarant into Lot A - - containing 1.324 ac.1, t which Lot A shall be modified by the addition of Lot C containing 0.546 ac ommeot [TP2]:See above—this should be changed to#38(not 0#33E) though boundary line adjustment with adjoining Tax Map#22 Parcel#3D,and which Lot A shall be further modified by the addition of Lot B containing 2.516 ac., cespeet4velf,-which altogether shall comprise a new parcel of record to be 4.39 ac.in total size and which shall be known as Parcel#3E,las shown and described on a plat by Bob Coleman,LS, Commented fTP3]:Not an of the lots(A,B,C)are dated May 21,2018,a copy of which is hereto attached and made part of this Agreement technically being divided from parent parcel 22-3B,so this explanation is an initial attempt to more accurately (hereinafter,the"Plat");and summarize the creation of the new Parcel#3E(as shown on the plat) WHEREAS,the access easement shown on the Plat will be a new or existing 30 feet wide non-exclusive ingress and egress easement(hereinafter,the"Street")for the use and benefit of Lots 3B and 3E shown on the Plat. NOW,THEREFORE,for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes upon Lots#3B and#3E a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained such that it(i)shall not exceed a sixteen (16)percent grade calculated over a distance of fifty(50)feet;(ii)shall have a travelway that is at least ten(10)feet in width;and(hi)shall include a rectangular zone superjacent to the driveway that is clear of all obstructions,including any structures and vegetation,that is at least ten(10)feet in width and fourteen(14)feet in height,and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travel way shall always 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,and all 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 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 owner(s)of Lot#3B shall be responsible for the cost of the maintenance of,and or repair to the Street,from State Road to the residence of Lot 3B. Lot 3E will be responsible for the cost of the maintenance of,and or repair to the Street,from the end of Lot 3B driveway to the end of the Street at Lot#3E. Any further division of Lots 3B and 3E shall require the reassessment of cost 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, provided that 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 and such owner gives 30 days prior written notice to all other owners using the Street,such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNERS(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible,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 parcels owners to secure the payment of the assessment. The amount due by any delinquent Owner shall bear interest at the maximum judgement 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. IN WITNESS WHEREOF,the Declarant has caused this Declaration to be executed. BY: Tina Ragland STATE OF VIRGINIA AT LARGE CITY/COUNTY OF ,to-wit: The foregoing Declaration was acknowledged before me this day of ,2018 NORTARY PUBLIC: My commission expires.