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Home My WebLink AboutSUB201300042 Agreements 2013-03-25Instrument Control Number F I Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS Cover Sheet Agent Online Version 2.0.9.15 Date of Instrument [ 10/09/2013 Instrument Type [ DEC Number of Parcels [ 1 ] Number of Pages [ 3 ] city❑ county® [ Albemarle County 001322 1 Doc ID: Recorded: 02/19/20140atT08:38:15 AM Fee Amt: $21.00 Pape 1 of 4 Albemarle County, VA Debra M. Shipp Ciruit Clerk File# 2014 - 00001322 BK4462 PG159 -162 (Box for Deed Stamp Only) [ March Mountain Properties, LLC ] [ ] [ March Mountain Properties I, LLC [ March Mountain Properties, LLC ] [ ] [ March Mountain Properties I, LLC ] [ ] Grantee Address (Name) [ March Mountain Properties, LLC ] (Address 1) [ 1005 Heathercroft Circle j (Address 2) [ Sude 100 ] (City, State, Zip) [ Charlottesville ] [ VA ] [ 22902 ] Consideration [ 0.00 ] Existing Debt [ 0.00 ] Assumption Balance [ 0.00 ] Prior Instr. Recorded at: City ❑ county ® [ Albemarle County ]Percent. in this Juris.( %) [ 100 ] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [ 055EO- 01- 00 -000GO and 055EO -01 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [ Block 14, Old Trail ] Current Property Addr(Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by [ Woods Rogers PLC ] Recording Paid for by [ Woods Rogers PLC ] Return Recording to (Name) ( Woods Rogers PLC ] (Address 1) [ 123 East Main Street l (Address 2) [ 5th Floor ] (City, State, Zip) [ Charlottesville ] [ VA ] [ 22902 ] Customer Case ID [ ] [ ] [ CS- 801155 ] Cover Sheet Page # 1 of 1 Z This document prepared by: J. Alden English, Esq. (VSB No. 48262) Woods Rogers PLC 123 East Main Street, 5t' Floor Charlottesville, Virginia 22902 Albemarle County: Portions of TMP# 055EO- 01- 00 -000GO TMP# 055EO- 01- 00 -000A1 This PRIVATE STREET MAINTENANCE AGREEMENT (the "Agreement ") is made this 9 day of October 2013, by MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company, and MARCH MOUNTAIN PROPERTIES I, LLC, a Virginia limited liability company (the "Declarants "), whose address is 1005 Heathercroft Circle, Suite 100, Crozet, Virginia 22932. WHEREAS, the Declarants are the owners of the real property more particularly shown and described on that certain subdivision plat dated September 12, 2013, made by Roudabush, Gale & Associates, Inc., entitled "Subdivision Plat Old Trail Village Block 14 White Hall Magisterial District, Albemarle County, Virginia" which plat is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia prior hereto (the "Subdivision Plat "); and WHEREAS, the lots on the Subdivision Plat will be served by those two (2) certain 32' private right of ways more particularly shown on the Subdivision Plat as Nobel Leaf Lane and Claire Mill Circle (collectively, the "Streets "). NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarants hereby impose upon the lots shown on the Subdivision Plat the following maintenance obligations and standards for the Streets: MINIMUM STANDARD: The Streets shall be maintained with a minimum of 20 -24 feet of pavement and gravel base per the approved road plans, and maintained in perpetuity to substantially the same condition they were in when approved by the County. The Streets shall at all times be maintained so that they are 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. t #16788 -1} COST OF MAINTENANCE: The owners of all lots shall be equally responsible for the cost of the maintenance of, and or repair to the Streets, as shown on the plat. Any further division of lots shall require the reassessment of cost to be equally shared by all owners using the Streets. 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 Streets, any further construction, maintenan ce 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 Streets are 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 Streets, such owner may commence or contract for maintenance or repair to bring the Streets to the minimum standard and the charges therefore shall be the responsibility of all owners using the Streets. 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. SIGNATURE PAGE IMMEDIATELY FOLLOWS (416788 -1) IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed on their behalf by their duly authorized agents. MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company By: Name: cS "inn Title: Manager MARCH MOUNTAIN PROPERTIES I, LLC, a Virginia limited 'ability company By: Name: S u -, a /coo ins Title: Manager COMMONWEALTHfF VIRGINIA CITY /C6 Y OF ho-QQ k6Q4 k to -wit, in Th foregoing instrument was acknowledged before me this 9 day of G6►��. 2013, by foregoing Y�nC J. P)YLYo )_S_ as Manager of March Mountain Properties, L.L.C., a Virginia limited liability company, and as Mana of March Mountain Properties I, LLC, a Virginia limited liability company. I YlC ° •`� R R Notary Public P•. P�gLRC .,•'t,� ,w My Commission Expires: REG # 258113 MY COt`4MISSICN : Q Commission No.: 2ss 13 p :, EXPIRES �i 6130/2014 ,• ��' :,'�0'• ,,,,, .•'�e4•.• RECORDED IN CLERK'S OFFICE OF Q��a`�•• ALBEMARLE ON A;TH FEBRUARY 19, 2014 at 8:38:15 AM AS REQUI BY VA CODE §58.1 -802 STAT .00 LOCAL: $0.00 AL RLE CO LINTY, VA r elilj =SHIPP R DC (#16788 -1)