HomeMy WebLinkAboutSUB201400050 Agreements 2014-03-13 ywr '""e
Prepared by George Webb
Albemarle County Tax Map 078B0-03-00-001C0
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement") is made this day ZS of May, 2014, by AVEMORE PHASE IV AT
CHARLOTTESVILLE,LLC (hereinafter, the "Declarant"), whose address is 28343
MALLARD DRIVE, EASTON, MD 21601.
WHEREAS, the Declarant(s) is the owner of a parcel of land known as Albemarle
County Tax Map 78B, Section 3,Parcel 1C pursuant to the plat/deed in Deed Book
3553, Page 214; and
WHEREAS, Tax Map 78B,Section 3, Parcel 1C will be subdivided by the
Declarant into Lots 1-34, containing 2.597 acres, as shown and described on a plat by
WW Associates, dated 8/13/2010, and revised 6/04/2013, 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 entitled"Easement Plat for
TMP 78B-5-B & 78B-5-1-34,Avemore Phase IV", dated 4/11/2014, will be a new 32
foot non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and
benefit of Lots 1-34 as shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon Lots 1-34 to be
maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 20 feet of
asphalt and stone in accordance with Virginia Department of Transportation
standards 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 Lots 1-34 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 1-34 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 h.: c used t 1 - 1. ation to be
executed on its behalf by its duly authorized agent.
BY: tra M
A •more P a• IV at Charlottesville, LLC
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF R)\ O , to-wit:
The foregoing Declaration was
acknowledged before me this 2.3 day of rn G y , 26132 by OWNER.
2014
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Notary Public
My commission expires: DATE DANIELLE LEE
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#7596948 1 .2.°My Commission Expires +�