HomeMy WebLinkAboutSUB201300170 Agreements 2013-11-25DECLARATION
This PRIVATE ROAD MAINTENANCE AGREEMENT (hereinafter, the "Agreement")
is made this 5th day of February, 2014, by CARL R. EVANS (hereinafter, the "Declarant "),
whose address is 9145 Howardsville Turnpike, Schuyler, VA 22969;
WHEREAS; the Declarant is'the owner of two parcels of land particularly described as
Parcel "X" containing 3.42 acres. and TMP 142 -13 RESIDUE 4.35 acres on a plat of survey dated
November 15, 2013, revised January 7, 2014, made by Virginia Landcraft, LLC, David Q. Linke,
L.S., a copy of which plat is attached hereto and is to be recorded herewith as 'a part of this '
Agreement; and
WHEREAS, the access easement shown on said plat will be a new easement 30' wide to
be established as a non - exclusive ingress and egress easement for the use and benefit of said
Parcel "X" containing 3.42 acres and the Residue Parcel containing 4.35 acres.
NOW THEREFORE, for and in consideration of the above premises, the Declarant
hereby imposes upon said Parcel "X" containing 3.42 acres and the Residue Parcel containing
4.35 acres a private roadway /easement to be maintained as follows: -
MINIMUM STANDARD: Said private roadway /easement shall be 30' in width and eatablished
with a base of gravel or a superior surface as agreed to in the future and maintained in perpetuity
to substantially the same condition it was in when approved by the County. The private
roadway /easement 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 roadway /easement as set forth above and the prompt removal of snow, water, debris,
or any other obstruction so as to keep the private roadway /easement 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, reconstructions and correction of defects or
damage.
COST OF MAINTENANCE: The owner or owners of said Parcel "X" and the Residue Parcel
shall be equally responsible for the cost of the maintenance of and/or repair to the private
roadway /easement from its beginning on State Route 602 ( Howardsville Turnpike) for a distance
of approximately 107.30 feet as shown on said plat dated November 15, 2013, revised January 7,
2014. 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 private roadway /easement, 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 private
roadway /easement is not safe and convenient for passenger automobiles and emergency vehicles
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written to•all other owners using the private roadway /easement, such owner may commence or
contract for maintenance or repair to bring the private roadway /easement to the minimum
standard and the charges therefor shall be the.responsibility of all owners using the private
roadway /easement.
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.
WITNESS the following signature and seal:
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Carl R. Evans, Declarant/Owner
STATE OF VIRGINIA
To -wit:
C�T
-Y /COUNTY OF ,
The foregoing instrument was acknowledged before me this day of J�I_k
2014, by Carl R. Evans.
My commission expires:
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