HomeMy WebLinkAboutSUB201300048 Agreements ,0400, Noe
Prepared without benefit of title examination
And please return to: Forbes R.Reback—VSB#07826 v V
Boyle,Bain,Reback&Slayton `.
420 Park Street
Charlottesville,VA 22902
Albemarle County Tax Map Parcels 58-3C& 58-3C2
DECLARATION
This PRIVATE STREET MAINTENANCE DECLARATION (hereinafter, the
"Agreement") is made this 6th day of June, 2013, by the MARK LYONS SUPERANNUATION
FUND PTY. LIMITED ACN 154 376 235, Successor Trustee to the Australian Corporate
Living Pty, Ltd. (hereinafter, the"Declarant"), whose address is: P. O. Box 232, Ivy, Virginia 22945
WITNESSETH:
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Tax
Map 58 Parcel 3C2 pursuant to a plat of record in the Clerk's Office of the Circuit Court of
Albemarle County in Deed Book 3954, Page 80; and
WHEREAS, Tax Map Parcel 58-3C2 was subdivided by the Declarant into Lot A containing
6.07 acres and the Residue parcel containing 7.50 acres, as shown and described on a plat by Roger
W. Ray & Assoc., Inc., dated March 5, 2012 of record in said Clerk's Office in Deed Book 4321,
page 90; and
WHEREAS, the Residue parcel of Tax Map Parcel 58-3C2 will be enlarged to 10.847 acres
by the addition of "Area A" containing 3.349 acres as shown and described on "Plat Showing
Boundary Adjustment Survey of Tax Map 58 Parcels 3C and 3C2" made by Stanley Land Surveys,
PLC dated April 2, 2013, a copy of which is attached hereto and made a part of this Agreement
(hereinafter,the"Plat"); and
WHEREAS, the access easement serving Lot A as shown on the Plat will be a new thirty(30)
foot wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and
benefit of Lot A and the 10.847 acre parcel as shown on the Plat;
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby imposes upon Lot A and the 10.847 acre parcel the Street to
be maintained as follows:
GRANT: The Declarant does hereby GRANT an easement of right of way for ingress and egress
over the Street to Tilman Road (State Route 676) across the 10.847 acre parcel as an appurtenance to
Lot A as shown on the Plat.
MINIMUM STANDARD: The Street shall be maintained with a minimum travelway width of ten
(10) feet and a vertical clearance of fourteen (14) feet and no grade steeper than sixteen percent
(16%). The travelway shall be gravel or a superior surface as agreed to in the future upon
supplemental declaration and 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 Street, and all curbs, curbs and gutters, drainage facilities, utilities and other private Street
improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep
the private Street 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 owners of Lot A and the 10.847 acre parcel shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, from its intersection with
Tilman Road (State Route 676) to the western boundary of Lot A as shown on the Plat. Any further
division of Lot A and the 10.847 acre parcel shall require the reassessment of costs to be 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.
Witness the following signature and seal.
[Counterpart signature page to follow]
[Counterpart signature page]
MARK LYONS SUPERANNUATION
FUND PTY. LIMITED ACN 154 376 235,
Successor Trustee
BY: (SEAL)
MARK LYONS
COMMONWEALTH OF VIRGINIA
CITY'ee alto LI f iq i ctt ,to-wit:
The foregoing Declaration was acknowledged before me this 11`"day of Ju e,20 by Mark Lyons as Managing
Director of the Declarant. 1 _
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