HomeMy WebLinkAboutSUB201300070 Agreements 2013-05-20 Review of Private Improvement Maintenance Instrument
(Albemarle County Code§ 14-317)
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RE: SUB ao , ee)O e
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 § 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.
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."
dieq Date: p / 2 / /
Grgg . the
D-,_ 4ty C unt' Att. ey
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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: August 5, 2013 COUNTY OF ALBEMARLE
nriir
Greg Kamptner
County Attorney's Office —' AUG - 5 2013 •
401 McIntire Road
Charlottesville,VA 22902 _ ♦ hi d V
ATTORNEY'S OFFICE
Regarding:
Project Name:SUB 201300070 Sadler Two-lot Subdivision
Date Submitted: 08/2/13
Dear Mr. Kamptner:
The applicant has prepared and submitted a Private Street Maintenance Agreement for the above
named project. At your earliest convenience, please review this document and the attached plat.
Should you have any questions or comments please feel free to contact me.
Sincerely,
d4
J.T. Newberry
Planner
Checklist for Maintenance A`' eements
File # 94152013 00070 Project Name: Sadtr Twa-Lo+
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:
af (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.
ill( (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.
ar (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
Lia 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
a( 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."
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.
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Prepared by: John A. Dezio, Attorney TMP# 114000000008C0
VSB# 07678
2350 Commonwealth Drive, Suite C
Charlottesville, VA 22901
DECLARATION
The PRIVATE DRIVEWAY MAINTENANCE AGREEMENT (hereinafter the
"Agreement") is made this 30th day of July, 2013, by MICHAEL P. SADLER, (hereinafter the
"Declarant"), whose address is 520 Greenfield Terrace, Suite 100, Charlottesville, VA 22901.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County
Tax Map#114000000008C0 pursuant to a deed of record in Deed Book 4327, page 444; and
WHEREAS, Tax Map #114000000008C0 will be subdivided by the Declarant into Parcel
X and Residue, as shown and described on a plat of Robert W. Coleman, Jr., Land Surveyor,
dated May 3, 2013, attached hereto and made a part of this Agreement (hereinafter the "Plat");
and
WHEREAS, the access easement shown on the Plat will be "New 50' Access Easement" S'
(hereinafter the "Driveway") for the use and benefit of said Parcel X and Residue.
NOW, THEREFORE, for and in consideration of the premises and the undertaking
contained herein, the Declarant hereby imposes upon Parcel X and Residue, a Driveway to be
maintained as follows:
MINIMUM STANDARD: The Driveway will be maintained with a minimum 15 feet of
a gravel surface, 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 Driveway, and all curbs, curbs and gutters, drainage facilities, and
other improvements, and the prompt removal of snow, water, debris, or any other obstruction so
as to keep the private driveway 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. (K)
COST OF MAINTENANCE: The owners of Parcel X and Residue, shall be equally
responsible for the cost of the maintenance of, and or repair to the Driveway, from State Route
795 to the "new division line" shown on said plat. No public agency, including the Virginia
Department of Transportation and the County of Albemarle, Virginia, will be responsible LY
for maintaining any improvement identified herein.
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WHEN TO MAINTAIN: After the initial construction of the Driveway, any further
construction, maintenance or repair shall be undertaken only with the mutual consent of both
owners,provided that in the event that one of the owners determines that the Driveway 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 the
other owner using the Driveway, such owner may commence or contract for maintenance or
repair to bring the Driveway to the minimum standard and the charges therefore shall be the
responsibility of all owners using the Driveway.
DEFAULTING OWNER(S): If any owner shall fail to pay his proportionate share of the
costs of maintenance or repair for which he is responsible, as provided hereinabove,the other
owner, or the person or corporation performing such maintenance, may after 30 days written
notice to the defaulting parcel owner bring an action of law against the 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 the said defaulting parcel owner to secure the
payment of the assessment of a parcel failing to pay his proportional share of maintenance of
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.
WITNESS the following signature and seal.
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(SEAL)
Mic ael P. Sadler
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF A-1keyy1ait. , to-wit:
The foregoing Declaration was acknowledged before me this oZn2 day of August, 2.013,
by Michael P. Sadler.
7��}'vl 'L,Ct L Goo i
Notary Publicr
My commission expires: 9'53`/6
My Notary ID#: 3 q;q'i f
D\My Documents\John s files\A\Ashcroft Subdivision\Declaration 01 24 00 doe
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