HomeMy WebLinkAboutSUB201300090 Agreements 2013-06-25 Prepared by: John A. Dezio, Attorney TMP# 09200-0-00-01900
VSB# 07678
2350 Commonwealth Drive, Suite C
Charlottesville, VA 22901
DECLARATION
The PRIVATE DRIVEWAY MAINTENANCE AGREEMENT(hereinafter the
"Agreement") is made this 30th day of July, 2013, by MICHAEL P. SADLER, LLC, a Virginia
limited liability company, (hereinafter the "Declarant"), whose address is 520 Greenfield
Terrace, Suite 100, Charlottesville, VA 22901.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County
Tax Map #09200-0-00-01900 pursuant to a deed of record in Deed Book 4338, page 52; and
WHEREAS, Tax Map #09200-0-00-01900 will be subdivided by the Declarant into
Parcel X and Residue, as shown and described on a plat of Robert W. Coleman, Jr., Land
Surveyor, dated July 2, 2013, attached hereto and made a part of this Agreement (hereinafter the
"Plat"); and
WHEREAS, the access easement shown on the Plat will be a new 70 foot non-exclusive
ingress and egress easement(hereinafter the "Driveway") for the use and benefit of said Parcel X
and Residue.
NOW, THEREFORE, for and in consideration of the premises and the undertaking
contained herein, the Declarant hereby imposes upon Parcel X and Residue, a Driveway to be
maintained as follows:
MINIMUM STANDARD: The Driveway will be maintained with a minimum 20 feet of
a gravel surface, and maintained in perpetuity to substantially the same condition it was in when
approved by the 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.
MAINTENANCE: For purposes of this instrument, `maintenance', includes the
maintenance of the private Driveway, and all curbs, curbs and gutters, drainage facilities, and
other improvements, and the prompt removal of snow, water, debris, or any other obstruction so
as to keep the private Driveway 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.
COST OF MAINTENANCE: The owners of Parcel X and Residue, shall be equally
responsible for the cost of the maintenance of, and or repair to the Driveway, from Rose Hill
Church Lane. No public agency, including the Virginia Department of Transportation and
the County of Albemarle, Virginia,will be responsible for maintaining any improvement
identified herein.
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Now
WHEN TO MAINTAIN: After the initial construction of the Driveway, any further
construction, maintenance or repair shall be undertaken only with the mutual consent of both
owners, provided that in the event that one of the owners determines that the Driveway 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 the
other owner using the Driveway, such owner may commence or contract for maintenance or
repair to bring the Driveway to the minimum standard and the charges therefore shall be the
responsibility of all owners using the Driveway.
DEFAULTING OWNER(S): If either owner shall fail to pay his proportionate share of
the costs of maintenance or repair for which he is responsible, as provided hereinabove, the other
owner, or the person or corporation performing such maintenance, may after 30 days written
notice to the defaulting parcel owner bring an action of law against the 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 the said defaulting parcel owner to secure the
payment of the assessment of a parcel failing to pay his proportional share of maintenance of
repair. The amount due by a 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 WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on
its behalf by its duly authorized agent.
MICHAEL P. SADLER, LLC
By/ w (SEAL)
ichael P. Sadler, Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ie{r (1f_ , to-wit:
The foregoing Declaration was acknowledged before me this day of August, 2013,
by Michael P. Sadler, Manager of Michael P. Sadler, LLC.
T r�y w�w,j- uo
Notary Publid/
My commission expires: 61-3016
My Notary ID#: 5i2Q0
C:Venn Old PC\Johns Dons\S\Sadler,Michael P.re Declarations\Declaration-MPS,LLC.doc
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