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ROAD NAIRFSHANCE AGREEMENT ass p�
THIS ROAD MAINTENANCE AGREEMENT made this 26th day
of February, 1986, between WILLIAM MASSIE SMITH, THOMAS J.
MICHIE, JR. AND WENDALL L. WINN, JR., Special Commissioners,
parties of the first part; DDNLORA INVESTMENT ASSOCIATES, a
Virginia general partnership, party of the second part; RICHARD
B. REEVES AND JOSEPH W. RICHMOND, Trustees, parties of the
third part; and THE FEDERAL LAND BANK OF BALTIMORE, noteholder,
party of the fourth part; WENDALL L. WINN, JR. and THOMAS J.
MICHIB, JR., Trustees, parties of the fifth parts and WENDALL
L. WINN, JR., Special Commissioner, noteholder, party of the
sixth part;
w I T H E S S B T H t
WHEREAS, by Decree entered in the Circuit Court of
Albemarle County, Virginia on November 22, 1985 in the cause
of Nary Stuart Maury, et als v. Frank L.^wis Pearce, at als,
Chancery No. 4820, the Court ordered that the real property
known as "Dunlora", shown on a plat of Wm. Morris Foster, Land
Surveyor and Planner, dated November 1, 19)5, revised December 20,
1985, consisting of 4 sheets, a copy of which is attached hereto,
sball be partitioned in kind into five parcels numbered It
2/5, 3, 4 and 6 as shown on said plat; and
WHEREAS, by said Decree, the parties of the first
part were appointed Special Commissioners and empowered to
sell Parcel 6 and Parcel 2/5 as shown on the aforesaid plat;
and
BOCK R75 pAlI0332
WHEREAS, the parties of the first part were also
empowered to convey Parcel 1 on the aforesaid plat to Katthea
T. Adams, Parcel 4 to Ann Peyton Phillips and Parcel 3 to Prank
Lewis Pearce, Jr.; and
WHEREAS, the party of the second part is the owner
of that certain tract of land in the Rivanna Magisterial District
Of Albemarle County, Virginia containing 153.88 acres, more
particularly described as Parcel 6 on the aforesaid plat, said
property having been conveyed to the party of the second part
by a deed from the parties of the first part recorded prior
hereto; and
WHEREAS, Parcels 1, 2/S, 3, 4 and 6 are'served by
a non-exclusive right-of-way for ingress, egress and utilities
to Rio Road (SR 631) along Dunlora Road as it presently exists
(the "Right -of -Way"); and
FHlEREAS, the parties of the first part and the party
Of the second part have reached an agreement regarding the
use and maintenance of the Right -of -Way; and
WHEREAS, Parcels 1, 2/5, 3 and 4 are subject to a
deed of trust to Richard E. Reeves and Joseph W. Richmond,
Trustees, dated April 15, 1970, recorded in the Clerk's Office
of the Circuit Court of Albemarle County, Virginia in Deed
Book 472, page 523 securing to the Federal Land Bank of Baltimore
a note in the original amount of $120,000.00; and
WHEREAS, parcels 1, 2/5, 3 and 4 are subject to a
deed of trust to Richard E. Reeves and Joseph W. Richmond,
INK e 7 S PASBI 13 3
Trustees, dated April Is, 1970, recorded in the aforesaid Clerk's
Office in Deed Book 471, page 517 securing to the Federal Land
Rank of Baltimore a note in the original amount of $30#000.00;
and
WHEREAS, Parcel 6 is subject to a deed of trust to
wendall L. Winn, Jr. and Thomas J. llichie, Jr., dated January
15, 1986, recorded in the aforesaid Clerk's Office in Deed
Book 865, page 133, securing to Wendall L. Winn, Jr., Special
Commissioner, a note in the original amount of $952,000.00;
HOW THEREFORE, for an in consideration of the premises
and the terms and provisions of this Agreement, the parties
hereto do hereby agree and declare that Parcels 1, 2/5, 3,
4 and 6 shall henceforth be owned, transferred, conveyed and
occupied subject to the covenants, obligations, liens and charges
hereinafter set forth which shall run with the land and shall
be binding upon any and all parties who shall have, or shall
acquire, any right, title or interest in all or any part thereof,
and shall inure to the benefit of each owner thereof.
(1) Definitions:
The following words, when used in the ?agreement,
shall have the following meanings:
(a) The term 'Dunlora Road• as used herein shall
mean and refer to the non-exclusive right-of-way for ingress,
egress and utilities from Rio road (SR 631) along Dunlora Road
to Point 'L• as shown on the aforesaid plat.
(b) The term "Owner' as used herein shall mean and
refer to the record owner, whether one or more persons or enti-
sum( 875 ►ACE0 3 3 4
ties, of the fee simple title to Parcels 1, 2/5, 3, 4 and 6
as shown on the aforesaid plat, and/or any portions of these
Parcels created by division(s) made pursuant to the ordinances
of Albemarle County, Virginia (all herein collectively referred
to as "Parcels"), including contract sellers, but excluding
those having such interests merely as security for the perform-
ance of an obligation.
(c) The term •Maintenance• as used herein shall
mean the costs of repair, maintenance or upkeep of the existing
Dunlora Road as a private road in substantially its present
condition, but not the costs of any new construction, improve-
ment, replacement or relocation of Dunlora Road.
(2) New Construction improvement or Replacement:
The cost of any new construction, improvement, replace -
meet or relocation of Dunlora Road shall be paid for by the ;
i
Owner or Owners doing the new construction, improvement, replace-
ment or relocation of Dunlora Road. The cost of such new con-
struction, improvement, replacement or relocation will not I
be borne by the County of Albemarle, the State of Virginia
or any public agency.
(3) Maintenance:
As of the date hereof, Dunlora Road is a private
road and requires Maintenance as a private road as hereinafter
set forth. The costs of Maintenance of Dunlora Road will not
be borne by the County of Albemarle, the State of Virginia,,
or any public agency, but rather shall be the responsibility
of and be borne as follows:
4
six( 875 W-0335
(a) Obligation of owners for Maintenance Between
Rio Road (S,R 631) and Point "B"i The Owners of Parcels 1,
2/5, 3, 4 and 6 shall be responsible for and shall bear the
costs of Maintenance of Dunlora Road as a private road between
Rio Road (SR 631) and Point OR" as shown on the aforesaid plat
on a pro rate basis using the following percentages (hereinafter
referred to as "Proportionate Share"):
Parcel
1
.03528
Parcel
2/5
.25956
Parcel
3
.08296
Parcel
a
.22105
Parcel
6
.40115
(b) Obligation of Owners for Maintenance Between
Point "B' and Point "II": The Owners of Parcels 1, 2/5, 3 and
4 shall be responsible for and shall bear the costs of Mainte-
nance of Dunlora Road as a private road between Point "8" and
Point "I" as sham on the aforesaid plat on a pro rats. basis
using the following percentages (hereinafter referred to as
"Proportionate Share"):
Parcel
1
.05830
Parcel
2/5
.42889
Parcel
3
.14755
Parcel
4
.36526
(c) Obligation of Owners for Maintenance Between
Point "I" and Point "L": The Owners of Parcels 1 and 4 shall
be responsible for and shall bear the cost of Maintenance of
Dunlora Road as a private road between Point "I" and Point
"L", as shown on the aforesaid plat on a pro rats. basis using
the following percentages (hereinafter referred to as "Propor-
tionate Share"):
I
M 875PACE0336
Between Point "I' and Point "J":
Parcel 1 201
Parcel 4 sot
Between Point "J" and Point "x":
Parcel 1 .3333t
Parcel 4 .66671
Between Point "x" and Point "L":
Parcel 1 1001
(The percentages reflected above are based on the number
of dwellings on Parcels 1 and 4 served by various segments
Of Dunlora Road. In the event the number of dwellings served
by any segment of such road subsequently changes, either the
Owner of Parcel 1 or the Owner of Parcel 4 shall have the right
to alter the Maintenance cost share to reflect the number of
dwellings served by any segment.)
(d) Damage from Construction Activities: Notwith-
standing the foregoing, each Owner shall be solely and exclu-
sively responsible for and shall fully bear the costs of Mainte-
nance of Dunlora Road necessitated by construction activities
on his Parcel, and each Owner shall, upon completion of such
construction, restore any portion of Dunlora Road damaged by
his construction activities to at least its condition prior
to such construction.
(4) Standards of Maintenance:
A majority in number of the owners of Parcels 1,
2/5, 3, 4 and 6 shall determine the standards to which Dunlora
Road shall �. maintained; provided, however, that in any case,
m 875 PA 337
any portion of Dunlora Road and related improvements shall
be maintained in such condition that Dunlora Road is passable
at all times for ordinary use by passenger automobiles, excepting
only severe, temporary weather conditions such as snow or ice,
with gravel or appropriate type, depth and width, and drainage
ditches and culverts as necessary.
(5) Personal Liability, Lien and Enforcement:
(a) Personal Liability for Maintenances Each Owner
shall be personally liable and responsible for his proportionate
share of the costs of Maintenance as set forth in Sections (3)
and (4) above which are incurred during his ownership of his
Parcel and shall pay to the person or entity performing such
Maintenance his share within fifteen (15) days after a bill
for such charges is submitted to him. If not paid within said
fifteen (15) day time period, the amount due by such Owner
shall bear interest at the maximum judgment rate provided by
law or the financing charge rate customarily charged by the
contractor performing the work, whichever is greater, and the
other Owners or the person or entity performing such Maintenance
may bring an action at law against the Owner obligated to pay
said Proportionate Share of said charges or foreclose the lien
hereinafter provided for against such Owner's Parcel, and interest,
costs and reasonable attorney's fee shall be added to the amount
of such charge for which such Owner is responsible.
(b) Lien: If the Proportionate Share of any Mainte-
nance is not paid by any owner obligated therefor as provided
875 P0.0338
in subparagraph (a) above, a notice of such nonpayment as to
such Parcel may be recorded by the other Owner or Owners in
the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, and from the time of such recordation, the amount
stated in the notice, together with interest, costs of collection
and reasonable attorney's fees, shall become a lien against
such Parcel having priority over any mortgage, deed of trust
or other lien recorded subsequent to the time of recordation
of such notice.
(6) Abandonment of Portions of Roads When any portion
of Dunlora Road is displaced or abandoned because of relocation
or the construction of a road or roads providing comparable
access, then this Road Maintenance Agreement sball no longer
apply to the displaced or abandoned portion.
(7) Dedication for Public Road:
(a) The parties to this Road Maintenance Agreement,
their successors and assigns agree that upon the request of
one or more of the Owners of one of the parcels covered by
this Agreement, their successors or assigns, they will execute
such documents as are necessary to accomplish the dedication
Of Dunlora Road between Rio Road (SR 631) and Point "I" to
public use along with any required drainage or other easements
within the existing right-of-way as shown on the aforesaid
Plate provided that at the time the request is made, the requesting
Owner or Owners agree to pay all of the costs of dedication
and the cost of any road construction required by the County
w
M. 875'o-Q33y
of Albemarle or other governmental body to bring such dedicated
portion of Dunlora Road up to public road standards.
(b) If at some future date any part of Dunlora Road
is dedicated as a public road and constructed to public road
standards, then any Owner whose Parcel adjoins said public
road and who uses only the public road shall be released from,
any future liability under this Agreement for the Maintenance
of any part of Dunlora Road which remains as a private road.
The owners of Parcels who continue to use the remaining private
road shall continue to be responsible for the costs of Mainte-
nance of said private road on a pro rats basis.
(8) Subordination:
The parties of the third part at the direction of
the party of the fourth part, and the parties of the fifth
part at the direction of the party of the sixth part, join
herein to evidence their consent to the agreements contained
herein.
WITNESS the following signatures and seals.
+ (SEAL)
W ll am s e n t, E
sq.,
Special Commissioner
(SRAL) I
T gsas M c e, J " Esq.,
Special Commissioner
I
82% 8 l 5 pxta 3 b 0
We a (SEAL)
Special Ciseioner� 9
DUNLORA INVESTMENT ASSOCIATES,
a Virginia General Partnership
By Sandwich Islands, Inc., a
Virginia corporation, General
Partner
BY 11.NIGt,.0 u V� (SEAL)
T eodo D. Torok,
Press
By L)
Donal P. Ke
Genera r
By Kassir Investment Trust,
General Par
1
BY s Trustee (SEAL)
only, under Trust aAgreement
dated Moveeobor 27, 1985
AdlrA
oa B. Rdeves,
Trustee
oe h it.,R c ond, - '(SEAL)
rustee
THE FEDERAL LAND BANX OP BALTIMORR �%L )
old
By —__(SEAL)
Titlef Porter C. Little
Vice President
W 875 100341
S4.ar6awr:��' �• ly),Uwr. ��.,�,'E11L)
Wendall L. Winn, Jr., V
Trustee
(SEAL)
Thomas ' � ch e, JXP,
Trustee
W. AA(i� /• WA,,;, I - (SEAL)
Wendall L. Winn, Jr.,
Special Commissioner
STATE OF-V-IRGINIA
CITypieVO7Y OF Charlottesville , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by William Massie Smith, Esq., Special Commis-
sioner, this 20th day of March , 1986.
My commission expires: January 13, 1989
Notary Public
STATE OF VIRGINIA
CITY/99t1M OF Charlottesville , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Thomas J. Michie, Jr., Esq., Special Commis-
sioner, this 20th day of March , 1986.
My commission expires: January 13, 1989
Notary Pubs c
STATE OF VIRGINIA
CITY/99I)Y OF Charlottesville , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Wendall L. Minn, Jr., Esq., Special Commis-
sioner, this 20th day of _ March , 1986.
My commission expires: January 13, 19�89
Notary Public �-
11
M 875 PUE0342
STATE OF VIRGINIA
CITY/OgUgW OF VIRGINIA BEACH , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Theodore D. Torok, President of Sandwich
Island, Inc., General Partner of Dunlora Investment Associates,
this 21st day of March , 1986.
My commission expires: iply 29 1989
Notary 9bblic
STATE OF VIRGINIA
cITy/GOUM OF VIRGINIA BEACH , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Donald F. Kern, General Partner, this 21st
day of March , 1986.
My commission expires: July 29, 1989
aiYi►C
Notary PUblic
STATE OF VIRGINIA
CITY/OWNm OF VIRGINIA BEACH , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before ae by Nabil D. Kassir, as Trustee only, under
Trust Agreement dated November 27, 1985, this 21st day of
Parch , 1986.
My commission expires: July 29 1989
Notary ubl c
STATE OF VIRGINI
GM/COUNTY OF udZt, to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged bef re me by Richard E. Reeves, Trustee, this t�k_ day
of 1986.
My commission expires: - J*
C. k
Notar u 1 c
12
atrac 8 7 5 PACEO 3 4 3
STATE OF VIRGINIA
CITY/¢666W OF Char ottaffA1]e
, to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Joseph W. Richmond, Trustee, this Sth
day of April , 1986.
My commission expires: January 13, 1989
«�
Notary Public
STATE OF IMMUSIMMOKKARYLAM
CITY/Coul F OF BAUPIMDRE , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Porter C. Little , Vice President
of The Federal Land Bank of Baltimore, th s 3rd day of April ,
1986.
My commission expires: July 1, 1986
i
Not Pablic Jean V. Bowen
STATE OF VIRGINIA
CITY/qQ"W OF Charlottesville , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Wendall L. Winn, Jr., Trustee, this 20th
day of March , 1986.
My commission expires: January 13, 1989
Notary P� lic
ITI
STATE OF VIRGINIA
CITY/gDKW OF Charlottesville , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Thomas J. Michie, Jr., Trustee, this 20th
day of March , 1986.
My comission expires: January 13, 1989
Notary Pulflic
13
,
875 "W0344
STATE OF VIRGINIA
CITY/¢$ddlY OF Charlottesville , to -wit:
The foregoing Road Maintenance Agreement was acknow-
ledged before me by Kendall L. Minn, Jr., Special commissioner,
this 20th day of March , 1986.
My commission expires: January 13, 1989
Notu� Notary Pu 1 c
m 87$ rignp.9
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VMKMI7A: IN 7HE CIMIS OFFICE OF 7HE CIlt= OOEF4T aF ALBHIARI.B OOUNIY:
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J CH _, 191, at 3 19 Ola= M.
SMUE TAX $ (039)
IACAL TAX $
TRANN R FEE $
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FIRS
SfrC. 58.1 TESTS:
SUZ TAX (Mei SHE BY J. MARSHALL, CLERK
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IDCAL TAX o(223) BY: o � �i�