HomeMy WebLinkAboutSUB201800038 Agreements 2018-05-03 •
Prepared by Lick Mountain LLC
Albemarle County Tax Map 01800-00-00-034F0
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter,the
"Agreement") is made this twelfth day April of 2018,by Mark Lyons the sole member of
Lick Mountain LLC (hereinafter,the"Declarant"),whose address is 2215 Buck
Mountain Rd Free Union VA 22940.
WHEREAS,the Declarant is the owner of a parcel of land known as Albemarle
County Tax Map MAP 18 Parcel 34F0 pursuant to the plat/deed in Deed Book 5013,
Page 765;
WHEREAS, Tax Map MAP 18 Parcel 34F0 will be subdivided by the Declarant
into Lots G and Lot G1, containing 30.22 acres and 4.40 acres respectively, as shown
and described on a plat by Roger Ray and Assoc, dated February 14th 2018, a copy of
which is hereto attached and made part of this Agreement(hereinafter,the "Plat"); and
WHEREAS,the access easement shown on the Plat will be a new of 30 FEET
WIDE foot non-exclusive ingress and egress easement(hereinafter,the"Street")for the
use and benefit of Lots G and#G1 (or all lots) shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein,the Declarant hereby imposes upon Lots G and Lot G1 a
Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 20 of FEET
asphalt(or a superior surface as agreed to in the future via supplemental
declaration)for a distance of 100' from the intersection with Markwood road before
becoming a 12' wide gravel road for the length of the easement,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 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.
•
COST OF MAINTENANCE: The owner(s)of Lots G and G1 shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, from the
entrance on Markwood Rd for a distance of 100ft. After the 100ft mark the sole cost
of maintaining the private road is for the owner of Lot G. Any further division of Lots G
or G1 shall require the reassessment of cost to be equally shared by all owners using of
the Street. No public agency,including the Virginia Department of Transportation
and the County of Albemarle,Virginia,will be responsible for maintaining any
improvement identified herein.
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 one 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 such owner gives 30 days prior
written notice to all other owners using the Street, such owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard and the charges
therefore shall be the responsibility of all owners using the Street.
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 WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
BY: //67'
OWNER
STATE OF VIRGINIA a,T LARGE
JW1COUNTY OF A16EA4Ale , to-wit:
The foregoing Declaration was
acknowledged before me this 3 day of , 2018,by f11 Ail . LAI o,3 S .
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