HomeMy WebLinkAboutSUB201300010 Other 2013-03-12 Prepared by and return to: Albemarle County Tax Map
J. Page Williams (VSB # 15920) 05600 -00 -00 -10000
Feil Pettit & Williams, PLC
530 East Main Street
Charlottesville, VA 22902
DECLARATION
THIS PRIVATE STREET MAINTENANCE DECLARATION (the
"Declaration ") is made this (Allay of March, 2013, by S. DALEY CRAIG, JR. (the
"Declarant "), to be indexed as a grantor and grantee and whose address is 715 Half Mile
Branch Road, Crozet, Virginia 22932.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle
County Tax Map 56 Parcel 100 pursuant to the plat of record in the Clerk's Office of the
Circuit Court for Albemarle County, Virginia (the "Clerk's Office ") in Deed Book 2313,
pages 211 and 212; and
WHEREAS, Tax Map 56 Parcel 100 will be subdivided by the Declarant into
Lots A and B, containing 6.45 acres and 6.50 acres, respectively, as shown and described
on a plat by Roger W. Ray & Assoc., Inc., dated January 17, 2013, a copy of which is
hereto attached and made part of this Declaration (the "Plat "); and
WHEREAS, the access easement shown on the Plat shown as "New 30' Shared
Driveway Easement" being a non - exclusive ingress and egress easement (the "Street ")
for the use and benefit of Lots A and B shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes the Street for non - exclusive
access to U.S. 250 and for the running of underground utilities within the "New 30'
Shared Driveway Easement" upon Lot A within the for the benefit of both Lots A and B
and the owners of Lots A and B (the "Lot Owners "), said Street to be jointly maintained
by the Lot Owners as follows:
MINIMUM STANDARD: The Street shall be maintained by the Lot Owners with a
travelway of constructed of asphalt with a minimum of twenty (20) feet in width, with
adequate provision for drainage and the Street shall be maintained in perpetuity to
substantially the same condition it was in when approved by the County of Albemarle,
unless a higher standard is thereafter agreed to unanimously by the then Lot Owners. 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.
HIGHER STANDARD: Upon the written unanimous agreement of the then Lot Owners
of Lots A and Lot B, which agreement is recorded in the Clerk's Office as an amended or
supplemental Declaration, the standard to which the Street will be constructed and
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maintained may be changed to a superior surface or to a wider travelway, but the size of
the easement shall remain 30 feet wide.
MAINTENANCE: For purposes of this instrument, `maintenance', includes the
maintenance of the 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 obstructions 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 Lot Owner(s) of Lots A and B shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, from its
intersection with U.S. Route 250 to its intersection with the boundary between Lots A
and B. Any further division of Lots A or B shall require the reassessment of cost to be
equally shared by all Lot 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 Lot Owners, provided that in the event that one of the Lot 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 Lot Owner gives 30 days
prior written notice to all other Lot Owners who have the right to use the Street, such Lot
Owner may commence or contract for maintenance or repair to bring the Street to the
minimum standard (or such higher standard that may be agreed to in writing) and the
charges therefore shall be the responsibility of all Lot Owners who have the right to use
the Street.
DEFAULTING OWNER(S): If any Lot Owner shall fail to pay his/her /their
proportionate share of the costs of maintenance or repair for which he /she /they is /are
responsible, as provided hereinabove, any other Lot Owner not in default, or the person
or corporation performing such maintenance, may, after thirty (30) days written notice to
the defaulting Lot Owner(s) bring an action of law against each defaulting Lot 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 Lot
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 Lot
Owner shall bear interest at the maximum judgment rate provided by law from the date of
completion of the maintenance; and the delinquent Lot Owner shall be liable to pay all
costs of collection, including reasonable attorney's fees.
[SIGNATURE ON FOLLOWING PAGE]
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[SIGNATURE PAGE FOR DECLARATION]
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
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(SEAL)
S. Daley Craig, Jr. 1
STATE OF VIRGINIA AT LARGE
C COUNTY OF at 1/ p i/LaJ ( , to -wit:
The foregoing Declaration was acknowledged before me this 1i day of
r , 2013, by S. Daley Craig, Jr.
•4 fv 2L-
Notary Public
Registration no.: 113 43 4 I
My commission expires: (J (L AI 3/ Ad /3
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