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Home My WebLink AboutSUB201300064 Agreements 2013-05-06 Nkei Prepared by Charlene Bennett Albemarle County Tax Map 05700-00-00-02200 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter,the "Agreement") is made this day 10th of October, 2013, by Charlene Preston Bennett and Margo Preston Scott, (hereinafter, the "Declarants"), whose address is 473 Wrights lane, Baltimore, Maryland 21221, and 7 Zadoc Court, Woodstock Maryland 21263. WHEREAS,the Declarant(s) Charlene Preston Bennett and Margo Preston Scott, are the owner(s) of a parcel of land known as Albemarle County Tax Map 57, PARCEL 22,pursuant to the plat/deed in Deed Book#3665, Page# 127; and WHEREAS,Tax Map 57, PARCEL 22 will be subdivided by the Declarant into two lots; Charlene Preston Bennett,Lot 1-2.086 acres and Margo Preston Scott, Lot 2 (Residue) -2.090 acres, as shown and described on a plat by Archie Dodson, dated 4/18/2013, a copy of which is hereto attached and made part of this Agreement (hereinafter, the "Plat"); and WHEREAS,the access easement shown on the Plat will be a new 30 Foot Wide non-exclusive ingress and egress easement(hereinafter, the "Street") for the use and benefit of Lot 1-2.086 acres and Lot 2 (Residue) -2.090 shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes upon Lot 1 and Lot 2 (Residue) a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum of 10 FEET wide of asphalt pavement,and maintained in perpetuity to substantially the same condition it was in when approved by the County. 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. 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 owner(s) of Lot 1 and Lot 2 (Residue) shall be equally responsible for the cost of the maintenance of, and or repair to the Street, at the edge of State Route 802 to the Southern Boundary of Lot 2. Any further division of Lot 1 and Lot 2 (Residue) shall require the reassessment of cost 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,provided that 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 and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. 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. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf b its duly authorized agent. BY _( /t,- 00- /1/1"- iti Al'7ce BY Charlene Preston Bennett (Lot 1) Margo reston Scdtt Lot 2 Residue g (Residue) � r7 / a � d STATE OF V ' . , , A CITY/COUNTY OF II I-A L r -e_ , to-wit: The foregoing Declaration was acknowledged before me this 07°3 ,day of c,r,,4, y. , 2013, by Charlene Preston Bennett and Margo Preston Scott. N•t. Publ. My commission expires: /4�/moo/S Nei Review of Private Improvement Maintenance Instrument (Albemarle County Code§ 14-317) TO: ` iti6e r r , RE: SUS 2_0 3 ° OC-r3(c, The instrument required by Albemarle County Code § 14-317 for this subdivision: Vs 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. 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. 'J ~S e e 7 eto fe 6. Identify the timing or conditions warranting maintenance of the improvement. Oy. oc r fn, , 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." r�. . 46.40N Date: 10/2_y/ 3 Gre .A p n•r De•+ ty(i oun y orney