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Home My WebLink AboutSUB201800082 Correspondence 2018-07-06 (2)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Date: July 6, 2018 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB20180082—Michael W. Perkins, Sr. & Connie - Family Division Date Submitted: 7-2-18 Dear Mr. Blau: The applicant has submitted a Declaration of the Private Street Maintenance Agreement, a Declaration of Family Division, a Deed of Gift and the plat for the above named project. I have also included an email from the applicant's lawyer (see below) and the maintenance checklist. Please note the following specific questions about what was submitted: • They have used "easement" in place of "private street". From a legal stand point is this allowable? I would think at least when they are referring to the maintenance it would be maintenance of the "private street" versus of the "easement". • Although much of the wording is from the templates they have changed some things. Do you have any issues with the modifications they have made? • The Lawyer provided a list of items that specifies the order in which they need to be recorded (see the attached emails). Is this order correct or do we not weigh in on the order at all? Since the email was addressed to me I felt the need to ask. At your earliest convenience, please review these documents and the attached plat for the division. Should you have any questions or comments please feel free to contact me. Sincerely, � - Paty atemye, i Planner County of Alb arle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 psatemye@albemarle.org (434)296-5832, phone ex.3250 Prepared by: Michael C. Kildoo, VSB # 30372 Purcell & Purcell, Attorneys P.O. Box 126 Louisa, Virginia 23093 Parcel ID: 09400-00-00-027AO DECLARATION OF FAMILY DIVISION THIS DECLARATION is made this 27th day of June 2018, by MICHAEL WAYNE PERKINS, SR. and CONNIE N. PERKINS, husband and wife (hereinafter the "Declarants"). WITNESSETH: WHEREAS, Declarants are the owners of a certain tract or parcel of land containing 12.775 acres, more or less, known as Albemarle County Tax Map and Parcel # 94-27A (the "Property"), as shown on a plat of survey entitled "Plat Showing Family Subdivision of Tax Map 94, Parcel 27A in the Rivanna District of Albemarle County Virginia, Property of Michael W. Perkins, Sr. and Connie N. Perkins", dated May 4, 2018, Revised June 22, 2018, made by Bryan J. Chambers, Land Surveyor, a copy of which plat is attached hereto and recorded herewith (the "Plat"); and WHEREAS, Declarants desire to record the Plat to subdivide the Property into "Family Lot D", containing 5.998 acres, and the "Residue Lot", containing 6.777 acres, as more particularly shown on the Plat; and r WHEREAS, such subdivision has been approved as a family subdivision in accordance with `~p} Section 14-212(A) of the Code of Albemarle County, Virginia; and WHEREAS, Section 14-212(B) of the Code of Albemarle County, Virginia requires that certain restrictions be imposed on family subdivisions, and the Declarants desire to impose said restrictions upon "Family Lot D" and the "Residue Lot'; NOW THEREFORE, Declarants agree to and declare the following: �{ 1. The Property is hereby subdivided into Family Lot D and the Residue Lot (the Pagel of 2 r. (This document was prepared without the benefit of a title examination.) Prepared By: Michael C. Kildoo, VSB # 30372 Purcell & Purcell, Attorneys P.O. Box 126 Louisa, Virginia 23093 Consideration:n/a Parcel ID: Portion of 09400-00-00-027AO Exempt from recordation tax pursuant to § 58.1-811(D) of the Code of Virginia, 1950, as amended. THIS DEED OF GIFT, made this 29th day of June 2018, by and between, MICHAEL WAYNE PERKINS, SR. and CONNIE N. PERKINS, husband and wife, hereinafter referred to as "Grantors", parties of the first part; and MICHAEL WAYNE PERKINS, JR., unmarried, hereinafter referred to as "Grantee", party of the second part, whose mailing address is WITNESSETH: THAT for and in consideration of the natural love and affection of Grantors for Grantee, said Grantors do hereby GIVE, GRANT AND CONVEY, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, unto Grantee, all their right, title and interest in and to the following described tract or parcel of land (the "Property"), together with all rights and appurtenances thereunto belonging or in anywise appertaining, to wit: ALL that certain tract or parcel of land situated in the Rivanna District of Albemarle County, Virginia, described as Family Lot D, containing 5.998 acres, more or less, on a certain plat of survey prepared by Bryan J. Chambers, Land Surveyor, a copy of which plat is attached to a certain Declaration of Family Subdivision of even date herewith, recorded by Grantors immediately prior hereto. BEING a portion of the same land conveyed to Michael Wayne Perkins, Sr. and Connie N. Perkins, husband and wife, by deed of gift from James L. Perkins, Jr., dated August 11, 2017, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4954, Page 641. Page 1 of 2 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 27'h day of June 2018, 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, 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 Pagel of 4 r 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: 1. 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 3. 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 I 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 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: MIC14AEL WAYNE PERKINS, SR. CONNIE N. PERKINS COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , to -wit: The foregoing Declaration was acknowledged before me this day of , 2018, by MICHAEL WAYNE PERKINS, SR and CONNIE N. PERKINS. My commission expires: Notary Public Page 4 of 4