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Home My WebLink AboutSUB198400021 Correspondence 1984-02-23 :;;.:. ri.es ae4::r;'Aii t+.7i0;t41 x4 'S?t.4ifk *1"-'''.404. f iliiit a1l 4iµ44435 x;;:4�KE031W104.0.1 4ttifz °�: ._..+�•:!F: ;:-1:1 DECLARATION OF ROAD MAINTENANCE AGREEMENT THIS DECLARATION, made this 23rd day of February, 1984 , by MICHAEL C. WHOLLEY and KATHLEEN S. WHOLLEY, husband and wife, hereinafter referred to as "Declarant" (even though more than one) ; W I T N E S S E T H WHEREAS, Declarant is the owner of a certain parcel of land situated in the Samuel Miller Magisterial District of Albemarle County, Virginia, more particularly shown and described as the Michael C. Wholley Property on subdivision plat prepared by Willia:a S. Roudabush, Inc. , C.L. S. , dated October 18 , 1983 and revised most recently January 20 , 1984 , captioned "Subdivision Plat of Far. . e _ 17 , Tax Map 73, The Michael C. Wholley Property Located at Int. of Ste. Rtes . 637 and 682 . . . " , attached hereto and made a part hereof, being a portion of the real property conveyed to Declarant by deed of David J. Wood, Special Commissioner, dated August 9 , 1977 , recorded in the Clerk ' s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 629 , at page 294 ; and Declarant desires to subject Lots 1,2 ,4 , 5, and 6 to the private access ease- ment hereinafter set forth and to subject Lots 1, 2 , 5 and 6 to the covenants, liens and charges for private maintenance of the Access Easement as hereinafter set forth, which are for the benefit. oZ Lots 1, 2, 5, and 6 and the owners thereof . NOW THEREFORE, Declarant hereby declares that Lots 1 ,2 ,4 , 5, and 6 shall be held, transferred, sold, conveyed and occupied subject to the covenants, easements, liens and charges hereinafter set forth which are hereby imposed to enhance and protect the value and desirability of Lots 1 , 2, 5 , and 6 . The provisions set forth herein shall run with the land and shall be binding upon any and all parties who have, or shall acquire , any right, title or interest in all or any part of Lots 1, 2 , 4 , 5 and/or 6 , and shall inure to the benefit of each owner of Lots 1 , 2 , 5 and/or 6 . SMITH,TAGGART,GIBSON SUTTON&ALBRO 106-109 EAST HIGH STREET CHARLOTTESVILLE,VA. �"9/,�.,..0�H 7.�+C` ,�::% _ ,:"-'t, j"�--.. /''ar�,�'6ylt, •'�Y."f�"` ;.'Ea`+�` �.' .�',}� '+ a.�i�,ye�' s r�`ALA 3'��SS� 3t1�:§ (b) Owners of Lots : The Owners of Lots 1 , 2 , 5 and 6 shall be responsible for and shall bear equally, the costs of maintenance of the private road and related improvements within the Access Easement. (c) Damage from Construction Activities : Not- withstanding the foregoing, each Owner shall be solely and exclusiiely responsible for and shall fully bear the costs of maintenance within the Access Easement necessitated by construction activities on his Lot, and each Owner shall restore any portion of the Access Easement damaged by his construction activities to at least its prior condition upon completion of such construction. Section 2 . 03. Standards of Maintenance : The Owners of Lots 1, 2, 5 and 6 shall determine (by a majority decision) , the standards to which the Access Easement and private road located therein shall be maintained subject to the lawful requirements and regulations of appropriate agencies of the County of Albemarle and Commonwealth of Virginia; provided, however, that any portion of the private road and related improvements shall be maintained in such condition that the private 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 of appropriate type , depth and width, and drainage ditches and culverts as necessary. Section 2 . 04 . Personal Liability, Lien and Enforcement : (a) Personal Liability for Maintenance : Each Owner shall be personally liable and responsible for his share of the costs of maintenance as set forth in Sections 2 . 02 and 2 . 03 above which are incurred during his ownership of his Lot, and shall pay to the person or corporation performing such maintenance his share within fifteen (15) days following completion of such maintenance . (b) Enforcement : If any Owner shall fail to pay / , his proportionate share of the costs of maintenance for which he is ply ' responsible, as provided hereinabove, any other Owner, or the person MITH,TAGGART,GIBSON SUTTON&ALBRO 105.109 EAST HIGH STREET CHARLOTTESVIUE,VA. ��j;yw,.�3"tC,•. "h .A�i`: _�'Tf.'! 75t.7".sPt s':5 ,. r fikX'.+G cd�'„,t ,�"� „v' e. �"4?}' .kY,f.;:c'` 'C{,M"t� '��5�ym z S t-�'i. "�`�'�"; t.�'�T� :..�i�?+Ti�►....�:..,:.... x,:a.t�iQ'' "Y 9X,�':..v,r i�3..ai'�a:.. . ;?� Y'�'�'t�^5'r��'� t..b. a _ .;:.a'....,. '.�Y�.:��":.�:'241i,'A'C.�!... a.7 -'_ r:.. Yr,'.R. _. ARTICLE I -- DEFINITIONS The following words, when used in this Declaration, shall have the following meanings : Section 1.01. "Access Easement" shall mean and refer to the 30 ' access easement established in Section 2. 01 hereof . Section 1. 02. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, including Declarant, . of the fee simple title to Lots 1,2,5 and/or 6 including contract sellers, but excluding those having such interests merely as secuiit for the performance of an obligation. In the case where Lots 1, 2, 5 and/or 6 are held by one or more persons for life with the remain- der to another or others,, the term "Owner" shall mean and refer only to such life tenant or tenants until such time as the remain- derman or remaindermen come into use, possession or enjoyment of such lot. ARTICLE II -- ACCESS EASEMENT Section 2. 01. Establishment of Access Easement: Declarant does hereby establish and impose a non-exclusive access easement thirty feet in width across Lots 1,2,4,5 and 6 for the benefit of Lots 1,2,5 and 6 along and across that certain strip of land designated as "30 ' Private Access Easement" on the attached sub- division plat for the joint use of Lots 1,2 ,5 and 6 for ingress and egress to and from State Route 682, and for carrying utilities. Section 2 . 02. Maintenance : The Access Easement 1s , rivate and requires private maintenance as hereinafter set forth. The - . costs of repair, maintenance, upkeep, improvement or replacement (hereinafter "maintenance") of the Access Easement and the private road located therein 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 borne as follows : (a) Declarant: The initial construction of the private road and related improvements (grading, seeding, drainage ditch, culvert pipe, etc. ) within the Access Easement shall be 3MITH,TAGGART,GIBSON borne and completed by Declarant. SUTTON&ALBRO 106100 EAST HIGH STREET p1ARWTTESVN.LE,VA. '�.��=1��.��'4.' �`'�rs�:��:�"�t�i4:�.a'kS '��iF'�'1+"..+�?at,�`s'.�' s1t!�5'�'�s�"��r'� ��iF ��'?G+N''asr�>��?,.�+,a»�;t.•;?`'i�3�-�rr�r+��;:e'�"�r`i or corporation performing such maintenance, may bring an action at law against each Owner of a Lot failing to pay his proportional share, and/or foreclose the lien provided for in Section 2 . 04 (c) below against said Owner ' s Lot. 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. (c) Lien : There shall be continuing lien on each of the said Lots to secure the payment of the assessments as describ d in Section 2 . 04 (a) above. Such lien shall be at all times subject to the provisions of Section 2 . 04 (d) , and shall be enforceable in the same manner as a mortgage or deed of trust. (d) First and Second Deeds of Trust : The lien provided in Section 2 . 04 (c) above shall at all times be subject to any first or second mortgage or deed of trust placed on any Lot at any time until notice of such lien shall have been recorded as hereinafter provided. If the proportionate share of any costs of maintenance is not paid by any Owner of a subject Lot within fifteen (15) days after the same becomes due and payable, a notice of such nonpayment as to such Lot may be recorded by any other Owner or by the person or corporation performing such maintenance in the Clerk ' s Office of the Circuit Court of Albemarle County, Virginia, and from the time of such recordation with amount stated in the notice , _with intc-tLest, i::o:;LS UL collection, and reasonable attorney ' s fees shall become a lien prior to any first or second mortgage or deed of trust recorded subsequent to the date of such notice. WITNESS the following signatures and seals . (SEAL) Michael C. Wholley (SEAL) /0) Kathleen S. Wholley ;MITH,TAGGART,GIBSON SUTTON&ALBRO 106108 EAST HIGH STREET CHARLOTTESVILLE,VA. • . -100.'.47: 4".. W R ti 4 ?'•,C.^1 Sr' ;4A,:t;;'' ;444,fs1*Gt'41. i. .. 2f.A icl4:1'.91�,"�1 yp� .4{„1.4*Ac' 4{is'a.' 41 wtL:- COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , to-wit : The foregoing Declaration was acknowledged before me this day of , 1984, by Michael C. Wholley and Kathleen S. Wholley. My commission expires : Notary Public SMITH,TAGGART,GIBSON SUTTON&ALBRO 105-109 EAST HIGH STREET CHARLOTTESVILLE,VA