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Home My WebLink AboutSUB201800152 Agreements 2018-12-26 Prepared by: John S.Ralston(VSB#89506) 943 Glenwood Station Lane, Suite 101, Charlottesville,VA 22901 PARCEL ID: 91-19 DECLARATION TIHS DECLARATION is made this 'day of December, 2018, by Julian P. Batten Jr., (the"Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 18.595 acres more or less, known as '1'MP 91-19, (the "Property") as shown on the plat identified as "Nat Showing the `Batten' Family Division Survey" dated August 3, 2018 made by Robert W. Coleman, Jr. of Residential surveying Services, a copy of which plat is attached hereto and recorded herewith(the"Plat"). WHEREAS, the Declarant desires to record the Plat to subdivide the Property into "Parcel A", containing 7.623 acres, "Parcel B," containing 7.614 acres, and the "Residue" lot containing 3.358 acres, as more particularly shown on the PIat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Parcel A,Parcel B, and the Residue lot and the Declarant desires to impose such restrictions. NOW THEREFORE,the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Parcel A, Parcel B, and the Residue lot as further shown on the Plat. 2. Neither Parcel A, Parcel B, or the Residue lot, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. WITNESS the following signature and seal. /,• 'gilt (Seal) rJ lian P. Batten, Jr. ( COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 11(ji s; , to wit; The foregoing instrument was acknowledged before me thisay of December, 2018, by Julian P. Batten, Jr. � kH My commission expires: 2(i 2 7..- „ ,4 }iAGFjy' ............. Not r Publi Z : � e �yy 0 IX 0 .,y••••.N ip,,,, ''iINIrun*'III Prepared by: TMP: 09100-00-00-01900 John S. Ralston (VSB#89506) 943 Glenwood Station Lane, Suite 101 Charlottesville, VA 22901 Grantor Address: 1853 Scottsville Road, Charlottesville, VA 22902 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day2 of December, 2018, by Julian P. Batten,Jr. (hereinafter,the"Declarant"), and provides for the following: WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Tax Map 09100-00-00-01900 pursuant to the deed recorded in Deed Book 1717 Page 33 and plat recorded in Deed Book 205,Page 22; and WHEREAS, Tax Map 09100-00-00-01900 will be subdivided into three (3) parcels by the Declarant: Parcel A, which consists of 7.623 acres; Parcel B, which consists of 7.614 acres; and the Residue, which consists of 3.358 acres. These parcels are further shown and described on a plat by Residential Surveying Services, dated August 3, 2018, titled"Plat Showing The `Batten' Family Division Survey", 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 twenty-five foot (25')wide non-exclusive Private Street for ingress and egress (hereinafter, the "Street") and for the use and benefit of Parcel A, Parcel B, and the Residue shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Parcel A, Parcel B, and the Residue, a Street to be maintained as follows: MINIMUM STANDARD. The Street shall be maintained in perpetuity to substantially the same condition as it was in when approved by the County, and shall be: a minimum of, but not to exceed, twenty-five feet(25') in width and Six-Hundred Ninety-Two and 72/100ths feet(692.72) in length of gravel, or a superior surface should the parties mutually agree to via a supplemental declaration; of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary vehicles; and together with an area adequate for maintenance of the travelway, as required by the Chapter 14 Section 412 of the Subdivision Ordinance of the Albemarle County Code. 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, curb and gutters, drainage facilities,utilities, darns,bridges, and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. NOTICE OF MAINTENANCE. Any party may initiate repairs or maintenance by first informing all other parties in writing of his/her intention and the extent of the work sought. If no objection is received within seven (7) days of such notice, then the initiating party may proceed with the work. However, no notice for initiating snow removal or removal of impassable obstructions shall be required. COST OF MAINTENANCE: The owner(s) of Parcel A, Parcel B, and the Residue shall be equally responsible for the cost of the maintenance of and/or repair to the Street. Any further division of Parcel A, Parcel B, or the Residue 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. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and shall he construed and interpreted according to the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. BY: .., P. r Tian P. Batten, Jr. fr STATE OF VIRGINIA AT LARGE CITY/COUNTY OF UISCh _ , to-wit: The foregoing Declaration was acknowledged before me this 21 q day of December, 2018, by Julian P. Batten, Jr. c C .� J rQP........ %it No a Public adCr- G MMS • z My commission expires:Na). -2 01 Z_ k . Registration No. �( 2 7 313