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Home My WebLink AboutSUB201200094 Agreements 2013-02-22This document was prepared by: Zunka, Milnor & Carter, Ltd. i' U 5 2 2 , Tax Map and Parcel Number: portion of 77E1-01-00-000BO DECLARATION THIS DECLARATION is made this / f%y of , 2013, by BD Land Properties, LLC, a Virginia limited liability company (the "Declarant"), whose address if 4630 Hamner Road, Charlottesville, VA 22903. WIT NESS• WHEREAS, the Declarant is the owner of that certain real property (the "Property") located in Albemarle County, Virginia, more particularly identified in the County of Albemarle, Virginia tax maps as Tax Map and Parcel Number 77E1-01-00-OOOBO, Parcel 1, containing 3.59 acres more or less, as shown on the plat prepared by Roger W. Ray & Associates, Inc., dated July 5, 2012, last revised February 8, 2013 which will be titled "COMMON AREA", which is attached hereto and is to be recorded with this Declaration (the "Plat"); and WHEREAS, the Declarant will dedicate said "COMMON AREA" to the Willow Lake Homeowners' Association at such time as the County of Albemarle issues the Certificate of Occupancy for the last residence to be built on any of the lots of Declarant; WHEREAS, the Declarant desires to record the Plat to subdivide the Property, as more particularly shown on the Plat (the "Common Area," "Lots" and the "Subdivision"); WHEREAS, Albemarle County Code § 14-317 requires that the Declarant assure the perpetual maintenance of private improvements, private streets, alleys or shared driveways within the Subdivision as a requirement for approval of the Subdivision; and WHEREAS, the Declarant desires to assure the perpetual maintenance of the "COMMON AREA" within the Subdivision and to impose obligations on the owners of the Lots (the "Owners") to assure their appropriate maintenance. NOW, THEREFORE, the Declarant declares the following: 1. Minimum standard to which the "COMMON AREA" will be maintained in perpetuity. The "COMMON AREA" shall be maintained in perpetuity to substantially the same condition it was in when it was approved by the County. Version: 11/26/12 s 2. Cost of maintenance. The Owner(s) of all Lots belonging to the Willow Lake Homeowners' Association shall be equally responsible for the cost of the maintenance of the "COMMON AREA". If any Lot is further subdivided, the cost of maintaining the "COMMON AREA" shall be redistributed and shared equally between all existing Lots. 3. When to maintain. After the initial construction of the "COMMON AREA", any maintenance of the "COMMON AREA" shall be undertaken only with the mutual consent of all Owners, provided that in the event that Owner or his/her agents, contractors or subcontractors operates heavy equipment over or otherwise causes damage to the "COMMON AREA", that Owner shall promptly repair the damage at his/her sole cost. 4. Defaulting owner(s). If any Owner fails to pay his/her proportionate share of the costs of maintenance for which he/she is responsible as provided herein, any other Owner not in default, or the person or entity performing the maintenance, may after 30 days written notice to the defaulting Owner(s) bring an action against each defaulting 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 defaulting Owners to secure the payment of the assessment of an Owner failing to pay his/her proportionate share of the maintenance costs. A Notice of Lien may be bonded off as provided in Virginia Code § 43-70 et seq. 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. 5. Public agencies not responsible for maintenance. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. 6. Perpetual covenants that run with the _land. The obligations and benefits of this Declaration are covenants that shall run with the land in perpetuity and shall be binding upon the Owners and their heirs, successors and assigns. WITNESS the following signature. ►a Version: 11/26/12 DECLARANT: J' onner D Land Properties, LLC COMMONWEALTH OF, CITY/COUNTY OF T forego' g instrument was acknowledged before 2013 by Declarant. e R ( J ��'`�•�'t�` Notar My CommissioriRki des: W'I Registration nurrrj�a• ��r�3:Af;a •'�� '. P Version: 11/26/12 Prepared by:Zunka, Milnor&Carter, Ltd. Albemarle County Tax Mapportion of 77E1-01-00-00000 DECLARATION ThisSHARED DRIVEWAY MAINTENANCE AGREEMENT(hereinafter,the "Agreement") is made thiQ/' day of ,8 2013,by BD Land Properties, LLC, a Virginia limited liability company, (hereinafter,the"Declarant"), whose address is 4630 Hamner Road,Charlottesville, Virginia 22903. WHEREAS,the Declarant is the owner of a parcel of land known as Albemarle County Tax Map 77E1-01-00-0000O3 Parce12 pursuant to the deed in Deed Book 3919,Page 721; and WHEREAS, Tax Map77E1-01-00-00000, Parce12 will be subdivided, in part,by the Declarant into 2Lots containing 0.35 acres and 0.43 acres respectively, as shown and described on a plat by Roger W. Ray&Associates, Inc, dated July 5,2012, last revised February 8, 2013, 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 15 FOOT WIDEnon-exclusive ingress and egress easement(hereinafter,the"Street") for the use and benefit of Lot Cl, containing 0.35 acres, andLot C2,containing 0.43 acres, shown on the Plat. NOW,THEREFORE, for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes upon Lot Cl and Lot C2, a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum FIFTEEN (15) foot 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 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 Lot Cl and Lot C2 shall be equally responsible for the cost of the maintenance of, and or repair to the Street, from Willow Lake Drive to the property line shared by Cl and C2. Any further division of Lot Cl or Lot C2 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: Jim pC r ` or BD Land Properties, LLC STATE OF VIRGINI A LARGE CITY/COUNTY OF ,to-wit: �•, ic3t,,.*Axi The foregoing Declaration was acknowledged before me g g g tbis 2013 byJim Bonner,Principal,BD Land Properties,LLG;�. `> `{• "'';•, P P ..�.; c • Notary Publ o ;ik a My commissisxpira 11 'sue fx; 2{.� �'