HomeMy WebLinkAboutSUB201900026 Agreements 2019-06-25 Prepared by John A. Dezio, Attorney
2650 Commonwealth Drive, Suite C
Charlottesville, VA 22901
VSB# 07678
Albemarle County Parcel ID # 05600-00-00-03000
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT,,eL AINT, 1�CE DECLARATION
(hereinafter, the "Declaration") is made this of Wei', 2019, by RICHARD L.
WOOD, KENNETH W. WOOD and,f4AYSOWOOD, grantors (hereinafter, the
"Declarants"), whose address is I ‘3Mu q s.A 4'kvi S G a110'Z'
WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle
County Parcel ID 05600-00-00-03000; and
WHEREAS, Albemarle County Parcel ID 05600-00-00-03000 is being subdivided
by the Declarants into Lot 1, containing 2.114 acres and Lot 2, containing 2.028 acres, as
shown and described on a plat by KRISTOPHER C. WINTERS, dated JANUARY 28,
2019, with a final revision dated , 2019 (hereinafter, the "Plat"); and
WHEREAS, the Private Street Easement shown on the Plat is to be a new or
existing 30 FEET WIDE non-exclusive ingress and egress easement (hereinafter, the
"Street") for the use and benefit of Lots l and 2, shown on the Plat.
NOW,THEREFORE,for and in consideration of the premises and the undertakings
contained herein, the Declarants hereby impose the following obligations upon Lots l and
2:
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 one-lane road-wide base of gravel. 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
owners give 30 days prior written notice to all other owners using the Street, such
owners 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 OWNERS: If any owners fail to pay their proportionate share of the
costs of maintenance or repair for which they are responsible,as provided hereinabove,
any other owners not in default or the person or corporation performing such
maintenance may, after 30 days written notice to the defaulting parcel owners,bring an
j action of law against each defaulting parcel owners 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 owners' proportional
share of maintenance or repair. The amount due by any delinquent owners will bear
interest at the maximum judgment rate provided by law from the date of completion of
the maintenance. The delinquent owners shall be liable for all costs of collection,
including reasonable attorney's fees.
5. COST OF MAINTENANCE: The owner of Lots ti l and 2 shall be equally responsible
for the cost of the maintenance of and/or repair to the Street, from MILLER SCHOOL
ROAD (STATE ROUTE 635) to THE COMMON BOUNDARY BETWEEN LOT 1
AND LOT 2. Any further division of Lots 1 and 2 shall 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 D have caused this Declaration to be
executed on their behalf by their duly thorized a nt.
�CJri• t--. cixto
(SEAL)
Richard L. Wood
• r
Ralph E. Main, Jr., Attorney-in- act
N C c- COOVP (SEAL)
___04111Grayson . Wood
2
BY: �
alph E. Main, J ., Attorney-in-F ct
M E (j11-91,117?SEAL)
Kenneth E. Wood
\I40-4
Ral _. •ain, Jr., Attorney-in-F.•
STATE OF VIRGINIA AT LARGE
COUNTY OF ALBEMARLE to-wit:
The;� foregoing Declaration was
acknowledged before me this 9 day of }1 y, 2019, by RICHARD L. WOOD,
KENNETH W. WOOD and GRAYSON C. WOOD.
,, L1444.€017 e
Notary Public
�� MAUREEN ELIZABETH CLOONAN
My commission expires:6 y0/fit NOTARY PUBLIC
REGISTRATION 17753885
COMMONWEALTH OF VIRGINIA
MY COM J /XPIRES
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