HomeMy WebLinkAboutSUB201300050 Agreements 2013-04-10 *NW .r►'
Review of Private Improvement Maintenance Instrument
(Albemarle County Code§ 14-317)
TO: al/ ryC(7 l//Z'7 ,/&3
RE: SUB 2N_C/ , —Q`j d
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)):
V1.to Identify the plat to which the instrument applies; if the plat has been recorded,the identification
shall include a deed book and page number.
V2--T.-
` tate that the improvement will be maintained in perpetuity.
tiP 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 sate verbatim: "Th 402171frhall at all 71 lc
times be maintained so that it is safe and convenient for passenger automobiles and emergenc y /
vehicles at all times except in severe temporary weather conditions." '//'e e C r/ ttracil
4. If the instrument pertains to the maintenance of one or more private streets, alleys or shardd"""�l S
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."
Describe the condition of the improvement when it was approved by the county.
V b• Identify the timing or conditions warranting maintenance of the improvement.
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
(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 ent of Transportation and the!
County of Albemarle, Virginia, will be responsible for maintaining any improvement identified
herein."
---� Date: 0 /a9./ 1
Greg ;ti . ner ' -\
Depu o ty ttor y
Nair
IhA;Ir
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: January 22, 2014
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB2013-050 Beights Properties- Private Street Maintenance Agreement
Date Submitted: 1/21/14
Dear Mr. Kamptner:
The applicant has submitted a private street maintenance agreement for this plat. A previous one
was recorded and needed to be updated for the BLA. Let me know if you have any questions.
Thank you,
Megan Yaniglos
Ext 3004
Checklist for Maintenance ?irgreements Noe
File # SUg 2O1 Oc0 Project Name: Fettn Thre,r4k , --
14-317 Instrument evidencing maintenance of certain improvements.
If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or any
authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the
perpetual maintenance of the improvement, as follows:
A. The instrument shall, at a minimum contain:
(1) Identify the plat to which the instrument applies; if the plat has been recorded, the identification shall
udd d mb
(2)incl State e a that dee the improvement book anpage nu will er.be maintained in perpetuity.
.y (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."
zor (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 (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."
B. The instrument shall be subject to review and approval by the county attorney and shall be in a form
and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent
may require that the instrument be on a form prepared by the county attorney.
C. For purposes of this section, the term "to maintain," or any derivation of that verb, includes the
maintenance, replacement, reconstruction and correction of defects or damage.
D. Nothing in this section shall affect the rights of the county reserved under section 14-440.
1
Nor Nor
This document prepared by:
J.Alden English,Esq.(VSB No.48262)
Woods Rogers PLC
123 East Main Street,5th Floor
Charlottesville,Virginia 22902
Albemarle County:
Portions of TMP#055E0-01-00-000A1
TMP#055E0-01-00-000D0
This PRIVATE STREET MAINTENANCE AGREEMENT (the "Agreement") is
made this 15th day of January 2014, by MARCH MOUNTAIN PROPERTIES, L.L.C., a
Virginia limited liability company ("March Mountain"), whose address is 1005 Heathercroft
Circle, Suite 100, Crozet, Virginia 22932, and BEIGHTS PROPERTIES I, LLC, a Virginia
limited liability company, whose address is P.O. Box 370, Crozet, Virginia 22932 ("Beights
Properties").
WHEREAS, March Mountain is the owner of the real property shown and described as
"Revised TMP 55E-1-A1" on that certain boundary line adjustment plat dated April 9, 2013,
prepared by Roudabush, Gale & Associates, Inc. entitled "Boundary Line Adjustment Plat Tax
Map 55E Parcel 1-D Old Trail Subdivision 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 "Plat");
WHEREAS, Beights Properties is the owner of the real property shown and described on
the Plat as "Revised TMP 55E-1D" (collectively with Revised TMP 55E-1-A1, the
"Properties");
WHEREAS, the Properties will be served by that certain private street more particularly
shown on the Plat as "New 30' Access Easement for TMP 55E-1D" and "60' Access Easement
D.B. 802 pp. 395" (collectively,the "Street"); and
WHEREAS, this Agreement amends and restates that certain Private Street Maintenance
Declaration dated March 26, 2008, made by March Mountain Properties, L.L.C. of record in the
aforesaid Clerk's Office in Deed Book 3628,page 308 (the"Declaration").
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the March Mountain and Beights Properties hereby amend and restate the
Declaration and impose upon the Properties shown on the Plat the following maintenance
obligations and standards for the Street:
MINIMUM STANDARD: The Street shall be maintained with a minimum of ten feet
(10') of pavement and gravel base, and maintained in perpetuity to substantially the same
condition it was in when approved by the County. The Street shall at all times be maintained so
(#14347-1, 112880-00001-03)
VIEW NNW
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 Owners (as defined below) of all lots shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, 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 Street (each an "Owner"). 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: The initial construction of the Street is complete and any
further construction, maintenance or repair shall only be performed by March Mountain, its
successors and assigns; provided, however that in the event an Owner reasonably 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 thirty(30) days prior
written notice to March Mountain and all other Owners, such Owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard provided for in this
Agreement and the charges therefore shall be the equal responsibility of all Owners. The
Owners shall be under no obligation to upgrade the Street to a condition superior to that which
exists on the date hereof unless all Owners so agree in writing; provided, however, that March
Mountain, its successors and assigns shall have the exclusive right to upgrade the Street or any
part thereof to a superior condition at its sole expense.
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 thirty (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
2
(#14347-1,112880-00001-03)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on their behalf by their duly authorized agents.
MARCH MOUNTAIN PROPERTIES,L.L.C.,
a Virginia limited 1'. .ility company
By: _,024...... / ...L._ /
Name: ,
Title: Manager /
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF 4►h () . to-wit,
The foregoing instrument was acknowledged before me this I(paay of
2014, by JQrtn�g L . is.up Jr as Manager of March Mountain Properties, L.L. .,
a Virginia limited liability company.
tLCISI 12-4-'" (----- --1-,..
1 Notary Pu lic
My Commission Expires: vnc 3C) 20i4- Commission No.: Z5g 113
Y p
ok R Eeq
REG#258113 •. ,
MY COMMISSI01,11
% . EXPIRES : z:
%,(34;'.. 613012014 C;
0
3
(#14347-1, 111880-00001-03)
BEIGHTS PROPERTIES I,LLC,
a Virginia limited 'ability company
:
y
B ��
�.Name: a 's,
Title: Manager
COMMONWEALTH OF VIRGINIA
CITY/C9 OF CV.04-1 .AU)2. to-wit,
The foroin instrument was acknowledged before me this (b9 day of
2014, by as Manager of Beights Properties I, LLC, a
Virginia limited liability company.
Notary Pub INHILW
My Commission Expires: wac.c`1 3\ I Z O 11 Commission No.: -IS S`t 1 `{
JOHN ALDEN ENGLISH
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#7554445
My Commission Expires if 31 I VI
•
4
(#14347-1,112880-00001-03)