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Home My WebLink AboutSUB201900152 Other 2019-10-01 (2)VIRGINIA LAND RECORD C01 SHEET FORM A - COVER SHEET CONTENT Instrument Date: 10/112019 Instrument Type: AG Number of Parcels: 1 Number of Pages: [ ] City [X County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [ ] Grantee: Consideration: $0.00 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 Original Book Number: Prior Recording At: [ ] City [X] County ALBEMARLE CI [Area ADove Reserved For Deed Stamp Only) Original Page Number: Original Instrument Number: Percentage In This Jurisdiction: 100% BUSINESS / NAME 1 [ ] Grantor: PERKINS, MICHAEL WAYNE SR. 2 [ ] Grantor: PERKINS, CONNIE N. 1 ( ] Grantee: PERKINS, MICHAEL WAYNE SR. 2 [ ] Grantee: PERKINS, CONNIE N. GRANTEE ADDRESS Name: MICHAEL WAYNE PERKINS SR. Address: 2046 DOGWOOD DRIVE City: PALMYRA Book Number: 4954 Page Number: 641 Parcel Identification Number (PIN): 09400-00-00-027AO Short Property Description: Current Property Address 4862 THREE CHOPT ROAD City: TROY Instrument Prepared By: MICHAEL C. KILDOO Recording Returned To: MICHAEL W. PERKINS, SR. Address: 2046 DOGWOOD DRIVE City: PALMYRA State: VA Zip Code: Instrument Number: Tax Map Number: 09400-00-00-027AO 22963 State: VA Zip Code: 22974 Recording Paid By: MICHAEL W. PERKINS, SR. State: VA Zip Code: 22963 FORM CC-1570 Rev: 7/15 §§ 17.1-223, 17.1-227.1, 17.1-249 1 of I Comilehl y:2014 OR➢ce ofthe Executive Secretary, Supreme Court of Virginia. All rights reserved. Cover Sheet A Prepared by: Michael C. Kildoo, VSB # 30372 Purcell & Purcell, Attorneys P.O. Box 126 Louisa, Virginia 23093 Parcel ID: 09400-00-00-027A0 PRIVATE STREET MAINTENANCE AGREEMENT THIS DECLARATION is made this day Ist day of October 2019, by MICHAEL WAYNE PERKINS, SR. and CONNIE N. PERKINS, husband and wife (hereinafter, the "Declarants"); WHEREAS, Declarants are the owners of a certain tract or parcel of land situated in the Rivanna District of Albemarle County, Virginia, containing 12.775 acres, more or less, identified as Albemarle County Tax Map and Parcel # 94-27A (the "Property"); and WHEREAS, the Property has been approved for a family subdivision into two lots containing 5.998 acres, more or less ("Family Lot D"), and 6.777 acres, more or less (the "Residue Lot"), all of which is more particularly described in a certain plat of survey prepared by Bryan J. Chambers, Land Surveyor, dated May 4, 2018, revised on June 22, 2018 and on August 3, 2018, a copy of which plat is attached to the Declaration of Family Subdivision of even date herewith, recorded immediately prior hereto; and WHEREAS, ingress and egress between Family Lot D and State Route 759 (Old Three Chopt Road) is provided by an appurtenant, 20-foot wide new private street easement (the "Easement") that crosses over a portion of the Residue Lot as further shown on said plat; and WHEREAS, no public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for the maintaining and improving the Easement, the Declarants desire to bind themselves and Page 1 of 4 their successors, heirs and/or assigns, in perpetuity, for all liability for the maintenance and repair of said Easement; the Lots herein described to be held, transferred, sold, conveyed and occupied subject to the terms set forth herein and in all valid amendments or supplemental declarations hereto; NOW, THEREFORE, in consideration of the premises and the undertakings contained herein, Declarants hereby impose upon Family Lot D and the Residue Lot, as covenants running with said Lots and binding upon all parties who have or may acquire title to all or any part thereof, the following duties, responsibilities and/or charges for the maintenance and repair of the Easement: The Easement shall be maintained with a minimum 10-foot wide travel way composed of packed dirt and stone, or a superior surface as agreed to in any valid amendment or supplemental declaration hereto, in substantially the same condition as it was in when approved by the County of Albemarle. In addition, the Easement shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times, except during severe and temporary weather conditions. 2. For purposes of this instrument, the term "maintenance" includes the maintenance of the Easement and all curbs, gutters, drainage facilities, utilities, dams, bridges and other private street improvements, as well as the prompt removal of snow, water, debris, or any other obstruction so as to keep the Easement reasonably open for usage by passenger automobiles and emergency services vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. Page 2 of 4 r The owners of Family Lot D and the Residue Lot shall be equally responsible for the cost of the maintenance of, and or repair of the Easement from the point where it meets State Route 759 to the point where it meets the property line of Family Lot D. The owners of Family Lot D shall have full responsibility for the cost of such maintenance and/or repair for the remaining portion of the Easement situated on Family Lot D. 4. After the initial construction of the Easement, 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 private street easement is not safe and convenient for passenger automobiles and emergency vehicles at all times, except in severe and temporary weather conditions, and such owner gives thirty (30) days prior written notice to all other owners using the Easement, such owner may commence or contract for maintenance or repair to bring the Easement to the minimum standard described in Paragraph 1 herein. In such event, the charges for such maintenance and repair shall be divided equally between the owners of Family Lot D and the Residue Lot. 5. If any owner shall fail to pay his or her proportionate share of the cost of maintenance or repair for which he or she is responsible, as provided hereinabove, any other owner not in default, or the person or corporation performing such maintenance or repair, may after thirty (30) days written notice to the owners of the defaulting parcel bring an action of law against said 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 against the defaulting owners to secure the payment of the proportional share of Page 3 of 4 r maintenance or repair due from the defaulting owners. The amount due from any defaulting Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the defaulting Owners shall be liable to pay all costs of collection, including reasonable attorney's fees. WITNESS the following signatures and seals: i T (Seal) MICHAEL WAYNE PERKINS, SR. (Seal) CONNIE N. PE COMMONWEALTH OF VIRGINIA, COUNTY OF _LOUISA, to -wit: The foregoing Declaration was acknowledged before me this I day of October, 2019, by MICHAEL WAYNE PERKINS, SR and CONNIE N. PERKINS. My commission expires: x\w-'�QaAa.1 Notary Registration No.: `1a.�'J7rJay ------------- TASHA D. BARLOW Notary Public Commonwealth of Virginia Registration No. 7230092 My Commission Expires Nov 30, 2021 • � a, � I��i1 I � Notary Public Page 4 of 4