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Home My WebLink AboutSUB201300001 Agreements 2013-01-03 Review of Private Improvement Maintenance Instrument (Albemarle County Code§ 14-317) TO: `J / fie/L;(2,6e_ rr - U` RE: SUB /A _ _ r� ` �. ��/2 Z �� f �' The instrument required by Albemarle County Code § 14-317 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 § 17-317(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. 2. State that the improvement will be maintained in perpetuity. 3. State that the improvement will be maintained to a standard that, at a minimum, assures that it will remain in substantially the condition it was in when approved by the county; for a private street, shared driveway, or alley,the instrument also shall state verbatim: "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 verbatim: "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. 6. Identify the timing or conditions warranting maintenance of the improvement. 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. 8. Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g., "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. 9. State verbatim: "No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia,will be responsible for maintaining any improvement identified herein." / Date: CO/2 ////3 Gre: p er/ De• t+ o my ttorney Prepared by: John A. Dezio,Attorney TMP# 06200-00-00-029A1 2350 Commonwealth Drive, Suite C Charlottesville,VA 22901 DECLARATION This PRIVATE STREET AND PRIVATE DRAINAGE MAINTENANCE AGREEMENT (hereinafter the"Agreement") is made this 5th day of June, 2013,by ASHCROFT WEST,LLC, a Virginia limited liability corporation(hereinafter the"Declarant"), whose address is 660 Hunters Place, Suite 101, Charlottesville, Virginia 22911. WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Tax Map#06200-00-00-029A1 pursuant to a deed in Deed Book 4048,page 748; and WHEREAS, Tax Map#06200-00-00-029A1 will be subdivided by the Declarant into Lots 153, 154, 155, 176 and 175 of Ashcroft West, Phase III,as shown and described on a plat of Kristopher C. Winters,Land Surveyor,dated December 7, 2012,attached hereto and made a part hereof(hereinafter the"Plat"); and WHEREAS,the access easement shown on the Plat will be a new 50' non-exclusive ingress and egress easement(hereinafter the"Street")for the use and benefit of Lots 151 through 178 of Ashcroft West. NOW,THEREFORE, for and in consideration of the premises and the undertaking contained hereon,the Declarant hereby imposes upon Lots 153, 154, 155, 176 and 175 of Ashcroft West,a Street to be maintained as follows: MINIMUM STANDARD: The Street will be maintained with a minimum 20' of asphalt paved surface and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway shall 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, as well as the maintenance of 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 owners of Lots 153, 154, 155, 176 and 175 in Ashcroft West shall be equally responsible for the cost of maintenance and/or repair of the Street until such time as said lots are added to Ashcroft, at which time the maintenance thereof shall be assumed by Ashcroft Neighborhood Association. Any further division of Lots 153, 154, 155, 176 and 175 in Ashcroft West shall require the reassessment of costs 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. 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, such owner may, after 30 days written notice to all other owners using the Street, commence or contract for maintenance or repair in order to bring the Street to the minimum standard. Charges resulting from such repair or maintenance shall be the responsibility of all owners using the Street. NIMI00' .411110f DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair, 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 the maintenance or repair. The amount due by a 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. Ashcroft West,LLC I BY: , j t:... _ 7i — ,_ + w ' Richard L. Beyer ' anager COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE,to-wit: The foregoing Declaration was acknowledged before me this 5 day of June,2013,by Richard L. Beyer, Manager of Ashcroft West, LLC. to ,,,,c_ a fa 3c N___/, No arYnOP.1:.....' rcz My commission expires: Y.''• � . �. NOTAR . ,� My Notary ID#: ;;1'=^mom=t' Q� ;3 _o i PUBLIC • - - REG#101433 :� MY COMMISSION; Q = n EXPIRES� ..... : C\Documents and Settings\vacvddOl\My Documents1John's files;A\Ashcroft Subdivision West\Pnvate Street and MafhleMlketg( eidocx ASS.; AL T11 . 0••