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HomeMy WebLinkAboutSUB201300136 Other 2013-09-17 Community Development Document Review County Attorney's Office TO: c/L r 15 Pe re PROJECT NUMBER: 5 03 Z 13 —00,„, 3i L©Gh)i f n N �' 1 , You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way /Othe Parcel determination r: —De (A.I-G(,`T l'y The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) : Legal description needs to be revised (see comment below) : Other(see comment below) Comment: If the document is approved,was submitted with the applicants'signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures, a final version of the document with the required signatures may now be submitted. filiag it 12-4- Date: 0 110 i 41-- Greg :gyp r.r ' Deputy •ou Att. Review of Private Improvement Maintenance Instrument (Albemarle County Code§14-317) TO: C)/rt`s ke( Pex-e a RE: SUB C90 i 3 60 ILS I Loc h f n Ali r (`Y li i A )I 1 9 IA- VtoNf 4 The instrument required by Albemarle County Code§ 14317 for this subdivision: �/ is approved. is not approved because it fails to satisfy one or more of the following requirements (number references are to Albemarle County Code§14-317(A)): /1. Identify the plat to which the instrument applies;if-the-plat has been recorded,the_identification shall include-a-deed book and page number. -- i . State that the improvement will be maintained in perpetuity. . State that the improvement will be maintained to a standard that,at a minimum,ensures that it will 3 l remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14-436;for a private street,shared driveway,or alley,the instrument also shall . state substantially as follows: "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." \ 4. If the instrument pertains to the maintenance of one or more private streets, alleys or shared driveways,it shall define"maintenance"by stating substantially as follows:"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." 5. Describe the condition of the improvement when it was approved by the county if the improvement . was installed prior to the agent signing the plat or the condition it is to be in when the surety was ireleased as provided in section 14-436. . Identi the timing or conditions warranting maintenance of the improvement. iS g P 7. State a means to collect funds necessary for the cost of maintaining the improvement;at a minimum, the means stated shall,include:the right of any landowner subject to the instrument to record a lien against a non-contributing landowner,to bring an action at law to collect the funds,or both. V 8. Describe how maintenance costs will be prorated among the landowners subject to the instrument I (eg.,"equally,"or on a percentage basis);if any lot within the subdivision may be further divided,the instrument shall also describe how maintenance costs will be prorated among the landowners after - division. V- 9. State u_bstautially.as_follows: "No public gency including he_Varginia-Department of Transportation and the County of Albemarle,.Virginia,will be responsible for maintaining any improvement identified herein." �[ `/ 1 Date: O &/0 5/ /- GrdI ttptn De,i7 Foun A rney i , ',Name 44•110 4 • • • This instrument was prepared by Peter J.Caramanis(VSB No 43447) Royer,Caramanis&McDonough,PLC,Charlottesville,Virginia. TMP#061A0-00-00-00200,061A0-01-00-034A0,061A0-01-00-034B0 • LOCHLYN HILL DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (Othe ..... , „..., . "Declaration")is made this day of , 2014, by and between LOCHLYN HILL DEVELOPMENT GROUP,LLC,a Virginia limited liability company,(hereinafter referred to as the "Declarant"), and LOCHLYN HILL NEIGHBORHOOD ASSOCIATION, INC., a Virginia non-stock corporation formed pursuant to the Virginia Property Owners Association Act,its successors and assigns(the"Association"). WITNESSETH: WHEREAS, Declarant is the Owner of certain real property (the "Property") described in Article II of this Declaration.and as shown on the subdivision plat(the"Plat or the "Subdivision Plat")prepared by Kirk Hughes&Associates entitled"Lochlyn Hill Phases lA and . . . " ".— • 1B,"dated September 4,2013 and last revised January 8,2014,attached hereto as Exhibit A,and recorded herewith among the land records of Albemarle County,Virginia; WHEREAS,Declarant desires to create thereon a planned community,consisting of residential and recreational facilities on the Property,known as Lochlyn Hill;and WHEREAS, the Declarant and the Association desire to provide for the preservation of values and for the maintenance of facilities and services and for the • administration and enforcement of covenants and restrictions;and WHEREAS,-Declarant has caused the Association to be incorporated for the purpose of exercising functions which are hereinafter more fully set forth;and • I . •