HomeMy WebLinkAboutSUB202100210 Agreements 2022-02-15Prepared by:
Timothy I. Kelsey (VSB 47781)
Woods Rogers PLC
123 E. Main St, 5'n Floor
Charlottesville, VA 22902-4738
Parcel ID No.: TMP 079A2-00-OG-02600
DECLARATION OF EASEMENT AND ROAD MAINTENANCE AGREEMENT
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the
"Declaration") is made this 11' day of February, 2022 by EVERGREEN HOME BUILDERS
LLC, a Virginia limited liability company (the "Declarant"), to be indexed as Grantor and
Grantee, whose address is 1147 River Road, Suite 4, Charlottesville, VA 22901;
WHEREAS, the Declarant is the owner of a parcel of land located in Albemarle County
containing 6.675 acres, more or less, known as a Albemarle County Parcel ID 079A2-00-OG-
02600;
WHEREAS, Albemarle County Parcel ID 079A2-00-OG-02600 is being subdivided by
the Declarant into "Revised Lot 26" and "Revised Lot 27," as shown and described on a plat by
Roudabush, Gale & Assoc., Inc., dated December 3, 2021 (last revised 2022), 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 a new thirty-foot (30') wide
non-exclusive ingress and egress easement (hereinafter, the "Shared Drive") for the use and
benefit of Revised Lot 26 and Revised Lot 27 (all lots) shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant does hereby DECLARE a permanent right-of-way and easement,
for ingress and egress to and from Revised Lot 26 and Revised Lot 27, along that area shown as
"NEW 30' PRIVATE ACCESS EASEMENT" on the plat prepared by Roudabush, Gale &
Assoc., Inc., dated December 3, 2021 (last revised . 2022), to and from Keswick Road
(State Route 731) for pedestrian and vehicular access, SUBJECT TO the following terms and
conditions:
1. MINIMUM STANDARD: The Shared Drive 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 -foot (10') wide base of gravel or a superior surface as
agreed to in the future via supplemental declaration. 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.
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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 Shared Drive, any further
construction, maintenance or repair shall be undertaken only with the mutual consent of both
owners, provided that in the event that (a) one or more of the owners determines that the
Shared Drive is not safe and convenient for passenger automobiles and emergency vehicles
at all times (except in severe temporary weather conditions), and (b) such owner gives 30
days prior written notice to all other owners using the Shared Drive, such owner may
commence or contract to bring the Shared Drive to the minimum standard, and the resulting
costs shall be the responsibility of all owners using the Shared Drive.
4. DEFAULTING OWNER(S): If any owner fails to pay its proportionate share of the costs of
maintenance or repair for which it 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, bring an action of law against the 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 to secure the payment of any
defaulting parcel owner's proportional share of maintenance or repair. The amount due by
any delinquent owner will bear interest at the maximum judgment rate provided by law from
the date of completion of the maintenance. The delinquent owner shall be liable for all costs
of collection, including reasonable attorney's fees.
5. COST OF MAINTENANCE: The owner of Revised Lot 27 shall be solely responsible for
the cost of the maintenance of and/or repair to the Shared Drive, for the entire length of the
Shared Drive. Notwithstanding the foregoing, the owner of Revised Lot 26 shall be
responsible for the cost to repair any damage to the Shared Drive outside of ordinary wear
and tear. Any further division of either Revised Lot 26 or Revised Lot 27 shall require the
reassessment of cost as agreed in writing between the owners of Revised Lot 26 or Revised
Lot 27 prior to the Shared Drive being available for use by any further subdivided lot.
6. No public agency, including the Virginia Department of Transportation and the County
of Albemarle, Virginia, will be responsible for maintaining any improvement identified
herein.
[Signature page follows]
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WITNESS the following signature and seal this 11 �h day of Fe b!uo -H , 2022
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Declarant: Eve' reen Home Builders LLC
By: // e''l `j (SEAL)
S. Whitlock Graves, Member -Manager
COMMONWEALTH OF VIRGINIA,
CITY OF CHARLOTTESVILLE, TO WIT:
The foregoing instrument was acknowledged before me this / I t�' day of
ebrua r 2022 by S. Whitlock Graves as Member -Manager on behalf of Evergreen Home
Builders L C.
(SEAL)
N Public
My commission expires: t 2-l3y /.za 23
Brooke Alexandra Dezio
Commonwealth of Virginia
Notary Cert. No: -7 66 S2 G 6 Notary Public
Commission No. 7665266
My Commission Expires 7213Ir2023