HomeMy WebLinkAboutSUB201900168 Agreements 2019-12-20 Albemarle County Parcel ID # 05800-00-00-075A0
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration")
is made this DAY of December 20, 2019, by Todd Barnett and Tupelo Honey 4/4/4 LLC
(hereinafter, the "Declarant(s)"), whose address is 1275 Owensville Road., Charlottesville,
Virginia. 22901
WHEREAS, the Declarant(s) is/are the owner(s) of a parcel of land known as Albemarle County
Parcel ID PARCEL #05800-00-00-075A0 and
WHEREAS. Albemarle County Parcel ID PARCEL # is being subdivided by the Declarant(s) into
Lots A and Residue of TMP #05800-00-00-075A0, as shown and described on a plat by
Meridian Planning Group . October 17, 2019. a copy of which is attached hereto and
incorporated herein by reference (hereinafter, the -Plan; and
WHEREAS, the access easement shown on the Plat is to be a new or existing # of FEET WIDE
foot wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and
benefit of all lots shown on the Plat
NOW. THEREFORE, for and in consideration of the premises and the undertakings contained
herein, the Declarant(s) hereby impose(s) the following obligations upon Lots # A and Residue
of TMP #05800-00-00-075A0
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 a 12-feet 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
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 attorneys fees
5 COST OF MAINTENANCE: The owner(s) of Lots A and Residue of TMP
#06600-00-00-075A0 shall be equally responsible for the cost of the maintenance of and/or
repair to the Street fromOwensviile Road to the point which the exclusive driveway for Lot A
veers away from the dnveway Any further division of Lots A and Residue of TMP
#05800-00-00-075A0shall require the reassessment of cost to be equally shared by all owners
using the Street
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
IN WITNESS WHEREOF. the Declarant(s) has/have caused this Declaration to be executed on
fts/heriltsitheir behalf by his/her/4/their duly authorized agent.
/
BY:
OWNER
STATE OF VIRGINIA Ay LARGE
CiTY/COUNTY OF , to-wit'
The foregoing Declaration was
acknowledged before me this L, day of bfalaiidt7: 20 by OWNER.
Notary P blic /2t9/&,—La4'
'7)
cornmIsslon exp,res )
TONYA LYNN MARSHALL
NOTARY PuBLIC;
COMMONWEALTH OF'VIRGINIA
Mr COMMISSION EXPIRES APR.V.202$
COMMISSION#7E16209