HomeMy WebLinkAboutSUB201800083 Agreements 2018-09-06Prepared by Douglas C. Carter, Attorney, VSB # 18423
Albemarle County Tax Map 08900-00-00-06I00
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is
made this day 3rd of September, 2018, by Richard P. PALERMO and MIDKIFF TIMBER, LLC, a
Virginia limited liability company (hereinafter, the "Declarant"), whose address is 1685 Dudley Mountain
Road, Charlottesville, Virginia, 22903
WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle County Tax
Map 69, Parcel 61 pursuant to the plat/deed in Deed Book 5023, Page 120; and
WHEREAS, Tax Map 89, Parcel 61 will be subdivided by the Declarant into Tracts numbered 1, 2
and 3, containing 23.72, 21.05 and 23.86 acres respectively, as shown and described on a plat by SW.
Morris Foster, Land Surveyor, dated April 18, 2018, revised July 20, 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 50 foot non-exclusive ingress
and egress easement (hereinafter, the "Street") for the use and benefit of Tracts 2 and 3 shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings contained
herein, the Declarant hereby imposes upon Tracts 2 and 3 a Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum of 10 feet of gravel and
maintained in perpetuity to substantially the same condition it was in when approved by the County. 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.
MAINTENANCE: 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.
COST OF MAINTENANCE: The owners of Tracts 2 and 3 shall be equally responsible for the cost of
the maintenance of, and or repair to the Street, from its beginning on State Route 706 to the driveway
cutoff leading to the dwelling located on Tract 2. The owner of Tract 3 shall be responsible for the cost of
the maintenance to, and or repair to the Street from the cutoff of the driveway leading to the dwelling on
Tract 2 to its terminus on Tract 3. Any further division of Tracts 2 and 3 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 OWNER(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 parcel owners to secure the payment of the assessment
of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any
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.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf
by its duly authorized agent.
BY:i��/•
Richard P. Palermo
MIDKIFF TIMBER, LLC
BY: A °
Dale Midkiff
Managing member
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF bLICkk VVICot'(I to -wit:
The foregoing Declaration wa acknowledged before me this f l day of r¢ hjy
Richard P. Palermo. `..P Yy�
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STATE OF VIRGINI AT LARGEHr�F `
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The foregoing Declaration was cknowledged before me this }_— day of ; .� fnWY 2018, by Dale
Midkiff, the Managing Member of and on behalf of Midkiff Timber. LLC..
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