HomeMy WebLinkAboutSUB201300027 Stormwater Management Maintenance Agree. 2013-02-25 Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14 -317)
TO: T i / ,; / ,I'1 „12,''j -/��
RE: SUB i) 0 /3 / C (ir'
The instrument required by Albemarle County Code § 14 -317 for this subdivision:
Vis approved/With/Well CO-WC f1 &I S -h f
is not approved because it fails to satisfy one or more of the following requirements (number references
are to Albemarle County Code § 17- 317(A)):
I/ `. Identify the plat to which the instrument applies; if the plat has been recorded, the identification
shall include a deed book and page number.
/4. State that the improvement will be maintained in perpetuity.
V ' . 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.
4.. 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.
_ ll 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."
t
Date: 19 y /H/13
Gr . K.- , .pt r
De e ut ' ou ty A torney
Prepared by Matthew Crane
Albemarle County Tax Map 04800 -00 -00 -01200
DECLARATION
The DECLARATION (hereinafter, the "Declaration ") is made this day 11 of
April 2013, by Matthew Crane (hereinafter, the "Declarant "), whose address is 4223
Earlysville Road, Earlysville, Virginia 22936.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle
County Tax Map 48 Parcel 12 pursuant to the plat /deed in Deed Book 690, Page 21; and
WHEREAS, Tax Map 48 Parcel 12 will be subdivided by the Declarant into Lots
lA and 1B, containing 2.76 acres and 3.24 acres respectively, as shown and described on
a plat by Roger W. Ray & Assoc. Inc., dated February 20, 2013 and revised April 11,
2013, a copy of which is hereto attached and made part of this Declaration (hereinafter,
the "Plat "); and
WHEREAS, the access easement identified on the Plat as "New 30' Private Street
Easement" will be a new 30 FOOT WIDE non - exclusive ingress and egress easement
(hereinafter, the "Street ") for the use and benefit of Lots 1A and 1B shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon Lots 1A and 1B a
Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 10' 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.
COST OF MAINTENANCE: The owner(s) of Lots lA and 1B shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, from Doctors
Crossing Road to the fork where the two driveways diverge (L1). Any further division
of Lots 1 A and 1B 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:
Matthew Crane
STATE OF VIRGINIA AT LARGE
CITY /C-0L Y OF Civic I6--k,Svi 6 , to -wit:
The foregoing Declaration was
acknowledged before me this 2 c day of A 1 , 2013, by Matthew Crane.
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Notary Public \\`����p1 DUAL, % ,
My commission expires: $ 1 31( 20 4
REGISTRATION N0.
:,MY C7OMM. EXPIRES
08/31/20
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