HomeMy WebLinkAboutSUB202100067 Agreements 2021-12-17Prepared by Rodney L. Knicely
Albemarle County Parcel ID # 04500-00-00-059E1
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this 14 day of December 2021, by Rodney L.
Knicely and Nancy E. Knicely (hereinafter, the "Declarants"), whose address is 2939
Earlysville Road, Earlysville, VA 22936.
WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle
County Parcel ID # 04500-00-00-059E1; and
WHEREAS, Albemarle County Parcel ID # 04500-00-00-059EI is being
subdivided by the Declarants into Lots 1 and 2, as shown and described on a plat by
Commonwealth Land Surveying, LLC, dated January 27, 2021 and last revised June 28,
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 an existing 35-foot-
wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and
benefit of Lots I and 2 shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarants hereby impose the following obligations upon Lots I and
2:
1. 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, namely: a 10-foot-wide gravel surface. The
travel way 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 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) 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.
4. 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 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. 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.
5. COST OF MAINTENANCE: The owners of Lots 1 and 2 shall be equally responsible
for the cost of the maintenance of and/or repair to the Street, beginning from the corner
of Lot 2 at N:5517.48 and EA733.19 to the end of the right of way as shown when
approved by the County. Any further division of Lots 1 and 2 shall require the
reassessment of cost to be equally shared by all owners using the Street.
6. EXTRAORDINARY DAMAGE: If the owner (or any social or business invitees or
contractors of any owner) of either Lot 1 or Lot 2 (or any other owner who has the right
to use the Street) causes extraordinary damage to any portion of the Street, such owner
shall promptly cause the damage to be repaired at such owner's expense.
7. 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 Declarants have caused this Declaration to be
executed.
L. Nancy E. Knicely
STATE OF VIRGIN
CITY/COUNTY OF
The foDeclaration
2;T, by Rodney
Nell Melody Belaner
Commonwealtry of Vlrglnla
Notary Pubge
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