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HomeMy WebLinkAboutSUB201800038 Correspondence 2018-04-23 of Q �� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-3088 Fax(434)972-4126 Date: April 23, 2018 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB2018-38 Lick Mountain LLC— Rural Subdivision Plat Date Submitted:-L 2018 John: 3fO K . Attached is the revised version of the private street access easement and maintenance agreement for a Rural subdivision plat referenced above for review and approval. Let me know if you have any questions. Thank you, Faruk Hesenjan On-call County Planner 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 Gl, 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: OWNER STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to-wit: The foregoing Declaration was acknowledged before me this day of 2018, by Notary Public My commission expires: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, PARCEL G1 THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT NOTES: AND THE RESIDUE T.M. 18-34F (PARCEL G) , IS WITH THE FREE CONSENT AND THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER (S) , HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT 1. OWNERS, ADDRESS & LEGAL REFERENCES: PROPRIETORS, AND/OR TRUSTEES. IF ANY. THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE T.M. 18-34F COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE LICK MOUNTAIN, LLC NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE C/O MARK LYONS LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED P.O.BOX 331 TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE FREE UNION, VIRGINIA 22940 DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. FOR: LICK MOUNTAIN, LLC D.B.5013-765, D.B.7O6-358 PLAT, D. B.648-212 PLAT A. T.M. 18-34F IS ZONED RA. & D. B.539-463 PLAT. B. PARCEL G1 IS ASSIGNED ONE DEVELOPMENT RIGHT AND MAY NOT BE FURTHER DIVIDED. 2. THE BOUNDARY DATA SHOWN HEREON IS BASED ON A CURRENT CITY/COUNTY OF C. THE RESIDUE OF T.M. 18-34F (PARCEL G) RETAINS FOUR FIELD SURVEY. DEVELOPMENT RIGHTS AND MAY BE FURTHER DIVIDED. STATE OF WHEN USED THEY SHALL NOT TOTAL MORE THAN 9.22 ACRES. 3. SHOULD AN OFFICIAL DETERMINATION OF PARCELS OF RECORD D. ACCORDING TO THE ALBEMARLE COUNTY GIS WEBSITE PARCEL G1 REVEAL THAT ADDITIONAL PARCELS AND/OR DEVELOPMENT THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED AND THE RESIDUE OF T.M. 18-34F EACH CONTAIN A BUILDING RIGHTS EXIST, THE INTENT OF THIS PLAT IS NOT TO BEFORE ME THIS DAY OF SITE THAT COMPLIES 4ITH SECTION 4. 2. 1 OF THE ALBEMARLE COMBINE THESE PARCELS OR EXTINGUISH. 2018 BY COUNTY ZONING ORDINANCE. FOR: LICK MOUNTAIN, LLC E. ACCORDING TO THE ALBEMARLE COUNTY GIS WEBSITE THIS 4. TAX MAP 18 PARCEL 34F IS SUBJECT TO THE FOLLOWING: PROPERTY IS NOT LOCATED IN AN AGRICULTURAL-FORESTAL A. AN EASEMENT TO VIRGINIA ELECTRIC & POWER COMPANY NOTARY PUBLIC # DISTRICT. (D.B.537-35) F. THIS PROPERTY IS LOCATED IN THE NORTH FORK RIVANNA B. EASEMENTS TO VIRGINIA TELEPHONE & TELEGRAPH MY COMMISSION EXPIRES : NOTARY SEAL INTAKE WATER SUPPLY WATERSHED. COMPANY (D. B.484-39 & D.B. 353-268) . G. THE APPROXIMATE LOCATIONS OF THE STREAM BUFFERS SHOWN HEREON WERE TAKEN FROM THE COUNTY OF ALBEMARLE GIS 5. NO TITLE REPORT FURNISHED. ALL EASEMENTS KNOWN BY ME WEBSITE AND SHALL BE MANAGED IN ACCORDANCE WITH THE ARE SHOWN OR NOTED HEREON. THIS PROPERTY IS SUBJECT ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. TO ANY ADDITIONAL EASEMENTS, UTILITIES, CONDITIONS, H. SETBACK REQUIREMENTS: AND/OR COVENANTS THAT MAY EXIST. FRONT= 75' (ALONG ST.RT. ROUTE 664) ill FRONT= 25' (ALONG NE4 30 'PRIVATE STREET ESMT. ) 6. ACREAGE BEFORE THIS SUBDIVISION PLAT: 34.62 ACRES. INDIAN RIDGE SIDES= 25 ' REAR = 35' DRIVE I . THE NEW PRIVATE STREET EASEMENT SHOWN HEREON MAY NOT MEET THE STANDARDS FOR ACCEPTANCE INTO THE 1573 SECONDARY SYSTEM OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION WINDRIFT OR THE COUNTY OF ALBEMARLE. DRIVES J. UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND/OR SEWER ' SERVICE WILL NOT BE AVAILABLE TO THIS PROPERTY. K. THE PROPOSED PRIVATE STREET EASEMENT IS OF ADEQUATE 1572 WIDTH AND HORIZONTAL AND VERTICAL ALIGNMENT TO 1543 CLAYMONT ACCOMMODATE A TRAVELWAY PASSABLE BY ORDINARY PASSENGER SPRING DRIVE VEHICLES IN ALL BUT TEMPORARY EXTREME WEATHER LAKE CONDITIONS, TOGETHER WITH AREA ADEQUATE FOR MAINTENANCE DRIVE 666 664 OF FBTHERLEF THE TRAVELWAYCOUNTY ASDREQUIRED BY SECTION 14-412 OF THE AALLEN ROAD MARKWOOD ROAD SUBDIVISION PLAT VICINITY MAP - SCALE: 1" = 2000 '+/- PARCEL G 1 AND THE RESIDUE OF T . M. 18-34F (PARCEL G) THE PROPERTY OF LICK MOUNTAIN, LLC AND NEW 30 ' PRIVATE STREET EASEMENT APPROVED FOR RECORDATION LOCATED ON STATE ROUTE 664 (MARKWOOD ROAD) o41 "TIfo WHITE HALL MAGISTERIAL DISTRICT FOR ��, ALBEMARLE COUNTY, VIRGINIA REVIEW � SCALE: 1 " = 200 ' DATE: FEBRUARY 14, 2018 BRIAN S.RAY AGENT FOR THE FOR Lic. No. 002281 BOARD OF SUPERVISORS LICK MOUNTAIN, LLC L,,, & ROGER W. RAY & ASSOC. , INC. �D DATE CHARLO T ESV63BILL E VKMAI VIRGINIA 22901 TELEPHONE: (434) 293-3195 GL RAYSURVEYING. COM SHEET 1 OF 2 14632 LINE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING T.M. 18A-41 Cl 5 °15'00" 2174.84 199. 28 99. 71 199.21 N16 °47' 46"W LOT 41 GRAPHIC SCALE 1 "=200 ' C2 0 °47'44" 1501.06 20. 84 10. 42 20.84 N19 °49'08"W MICHAEL M. DONOVAN & JENNIFER K.DONOVAN D.B.3166-165 / MU== IIIIMMEMMEMEMO C3 7 °03' 16" 1501.06 184.82 92.52 184.70 N23 °44 '38"W D.B. 2449-Ei94 THRU 7410 PLAT C4 5 °24'00" 1325.31 124.91 62.50 124.86 N29 °58' 16"W \ / 0 200 400 600\ , IRON LINE BEARING DISTANCE FOUND LI N69 '47'00"E 73. 94 L2 N49 '47'39"E 41. 96 L3 N32 °04'25"E 162. 30 L4 S45 '28'00"E 106.66 6c_) L5 N44 °32'00"E 266. 73 T.M. 18A-52 n'c, ,» En L6 S41 °32'00"E 285.00 LOT 52 c� INDIAN SPRINGS HOMEOWNERS ASSOC., NC. °�3 '� �' L7 S25 '39'33"E 141.97 3• F4, S cn D.8. 3789-245 h� 0 S. 1 LEGEND: D.B.2449-694 THRU 741D PLAT ti F F FOC FIBER OPTIC CABLE MARKER T.M. 18-37 TP TELEPHONE PEDESTAL T . M. 18-34F ANDREA DOUDERA �© -x- FENCE ti`z62 PARCEL G D.B.2789-147 �� OVERHEAD UTILITY LINE RESIDUE= 30 . 22 ACRES D.B. 3192-261, 262 PLAT 1 T.M. 1BA-53 '� T 1- LOT 22 D.B.5013-765 LOT 53 A D.B.706-358 PLAT TO o JANNY VAN BEEK FOUND •A z D.B. 4852-459 AT 12"CEDAR 4;h� D.B. 648-212 PLAT D.B.539-463 PLAT (9 o 0. B. 2449-694 THRU 741D PLAT \ „� I-, CC STREAM �c`) <2 IRON BUFFER T6v6`, 3 FOUND y AT 25. 01 ' METAL 0� \ BLDG. ----- AN 1:( \ \ „- F S`•. 9 15'PRESCRIPTIVE IRON %' ,',' UNIMPROVED IRON SET �� \ EASEMENT SET . ';'�� ROAD STREAM _ T.M. 18-63 y\ \ IRON SET '/ �� 0 , NEW 30 ' rAT 20.00 ' EXISTING 20 'WIDE IRON FOUND BUFFER PIPE \ PRIVATESTREET !=_,. �6` PERMANENT ACCESS ESMT. 1 . 74'NORTH OF :- FOUND N27 '16' 16"W \ IRON , % (D.B. 3342-668) BOUNDARY LINE 5. ---- ,r 98. 38' EASEMENT SET ,-e' ,� 4. 12�NOR�HNOF WN FENCE = =6o PVEO ROAO 96-\ \ 25'DEDICATION \ �B6�v �► BOUNDARY LINE 00 p (D. B.625-175 PLAT) \ /,) .S v , _e =" / " 0.,- � IRON SET 59,-.1 PIPE EASEMENT TO 0i� �l / POLEF ;!' EXISTING DWELLING �� -__- _-___-----Fj� • �OZ AL �, FOUND PARCEL BB1 VIRGINIA ELECTRIC ,/2 18 & POWER COMPANY ` ' N / '"-- 'W \ ESTHER B. VOLKAN REVOCABLE TRUST AGREEMENT (D.B. 537-35) N \\ PARCEL G 1 OONCE 3.3�'56. ,� D.B. 4208-83 FE S1 D.B.540-40 PLAT TP FOC ;- 4 . 40 ACRES \ �T. M. 18-3881 T.M. 18-62 /�1 - \1 / WELL 25, PIPE PARCEL A 0 _ -_- -=-''�PAVED 631 / FOUND DARYL S.BECK & LORI A.BECK Zv /l�� , DRIVEWAY ,' 1 .M. 18-35 D. B.3726-187 FOR 0� / \ \ D.B. 2935-690 PLAT �� / HUEY ELWOOD SHIFFLETT REVIEW LP N13 '42'52"W , '' • IRON SETD.LORENE KNIGHT SHIFFLETT �Qp, -188 . ,%� 15A3 11.95 N \ AT 29. 20' D.B 3 5 2 49 PLAT SCALE: 1 " = 200 ' �` '\ DATE: FEBRUARY 14, 2018 T. M. 18-35A T.M. 18-21E o� \ T. M. 18-35A1 PARCEL A STEPHEN A.WAGNER 0'0 PARCEL Al LEARL LINWOOD MORRIS, JR. ROGER W.RAY & ASSOC. , INC. & MARY H. WAGNER 130 JESSICA NICOLE FORBES ROSE LAVERNE SHIFFLETT MORRIS-LIFE ESTATE 663 BERKMAR COURT D.B. 3587-149 D. D. B.2509-175, D.B.4451-604 CHARLOTTESVILLE, VIRGINIA 22901 D.8.576-180 PLAT o 177 & 178 PLAT D.E. 2059-177 & 178 PLAT TELEPHONE: (434) 293-3195 GL D.B. 325-249 PLAT RAYSURVEYING.COM SHEET 2 OF 2 14632