HomeMy WebLinkAboutSUB202100017 Agreements Final Plat 2020-12-28 Ta_. ...a p 72, Parcel 19
Prepared by: Nicholas E. Munger, P.C.
THIS PRIVATE ROAD MAINTENANCE AGREEMENT (hereinafter
the "Agreement") is made this 7th day of March, 2007, by EDWARD
PAUL MIMMS, (hereinafter the "Declarant"), whose address is 365
Miller School Road, Charlottesville, VA 22903,
WITNESSETH:
WHEREAS, the Declarant is the owner of a parcel of land known
as Albemarle County Tax Map 72, Parcel 19, as more particularly
described in Schedule A, attached hereto (the "Property"); and
WHEREAS, Tax Map 72, Parcel 19 will be subdivided by the
Declarant to create a new parcel containing 2.00 acres, designated
as Parcel C, which subdivision will leave a Residue of 4.001 acres
contained within TMP 72-19, as shown and described on a plat by
S.L. Key, Inc., dated July 12, 2005, revised September 1, 2006, a
copy of which is hereto attached and made part of this Agreement
(the "Plat"); and
WHEREAS, the access easement shown on the Plat will be a new
or existing thirty foot (30') wide non-exclusive ingress and egress
easement (the "Shared Driveway Easement") for the use and
benefit of Parcel C and the Residue of TMP 72-19, as shown on
the Plat;
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NO'.., THEREFORE, for and in conside )n of the premises and
the promises and covenants contained herein, the Declarant
hereby imposes upon Parcel C and the Residue of TMP 72-19 a
private road (the "Shared Road") to be maintained as follows:
1. MINIMUM STANDARD: The Shared Road shall be
maintained with a minimum of a twenty feet wide base of gravel (or
a superior surface as agreed to in the future via supplemental
declaration), and maintained in perpetuity to substantially the same
condition it was in when approved by Albemarle County. 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. MAINTENANCE: For purposes of this instrument,
`maintenance', includes the maintenance of the private shared
road, and all drainage facilities, utilities, gates and other private
shared road improvements, and the prompt removal of snow,
water, debris, or any other obstruction so as to keep the private
shared road or alley reasonably open for usage by all vehicles,
including emergency services vehicles. The term `maintain," or any
derivation of that verb, includes the maintenance, replacement,
reconstruction and correction of defects or damage.
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3. COST OF MAINTENANCE: The owner(s) of Parcel C and
the 4.001 acre Residue of TMP 72-19 shall be equally responsible
for the cost of the maintenance of, and or repair to the Shared
Road, from its origin at State Route 635 (Miller School Road) to the
end of the "30' Shared Driveway Easement" as shown on the Plat.
Any further division of the Residue of TMP 72-19 shall require the
reassessment of cost to be equally shared by all owners using the
Shared Road. No public agency, including the Virginia Department
of Transportation and the County of Albemarle, Virginia, will be
responsible for maintaining any improvement identified herein.
4. WHEN TO MAINTAIN: After the initial construction of the
Shared Road, 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 Shared
road 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 Shared Road, such owner may
commence or contract for maintenance or repair to bring the
Shared Road to the minimum standard and the charges therefore
shall be the responsibility of all owners using the Shared Road.
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5. 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.
IN WIITNESS WHEREOF, the Declarant has caused this
Declaration to be executed this day of Decco/k1O cc 2020
(SEAL)
Edward Paul Mimms
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STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing Declaration was acknowledged before me this
2L day of Dec,. 207 0 fty Edward Paul Mimms.
My commission expires 06131 )2-0z3
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