HomeMy WebLinkAboutSUB201400064 Agreements 2014-04-15 '03R\
Prepared by:
Donna Martin & Robert Martin
Albemarle County Tax Map 02000-00-00-014B0
DECLARATION
This PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter,the
"Agreement") is made this 4th day of April 2014, by Martin Investments, LLC
(hereinafter, the "Declarant"), whose address is 6418 Glebe Road, Culpeper, Virginia
22701.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle
County Tax Map 20 Parcel 14B pursuant to the deed in Deed Book 4277, Page 170; and
Deed Book 3044-180 & 181 Plat.
WHEREAS, Tax Map 20 Parcel 14B will be subdivided by the Declarant into 2
Lots containing 6.38 acres and 6.40 acres respectively, as shown and described on a plat
by Roger W. Ray &Associates, Inc, dated April 3,2014, 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 40 FOOT
WIDE and 50 FOOT WIDE non-exclusive ingress and egress easement (hereinafter, the
"Street") for the use and benefit of Tract 2A, containing 6.38 acres, and Tract 2B,
containing 6.40 acres, shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein,the Declarant hereby imposes upon Tract 2A and
Tract 2B, a Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 10 foot wide
base of gravel or a superior surface as agreed to in the future via supplemental
declaration, 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.
ley
COST OF MAINTENANCE: The owner(s) of Tract 2A and Tract 2B shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, from Route
641. Any further division of Tract 2A or Tract 2B 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 by its duly authorized agent.
BY: Allb4Ar BY: -..
o : artin Investments, C For: Martin I estm•nts, LLC
STATE OF VIRGINIA,.-�A�TI-(AGE
CITY/COUNTY OF CtA+e.lr t;s i t I k ,to-wit:
The foregoing Dff ecla aton wa acknowledged before me this y day of -S�:4E. ,
2014, by '``OtD P4� MVO h� c „'N+� 'ltic•ss-1� &L/
For: Martin Investments, LLC
. ooLYN/ ",,, t� oy� live .;"/� Notary Public
,
ReGISTRNION NO.
187571 1 E. My commission expires: • -; /
:MY tOMM.EXPIRES!
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