HomeMy WebLinkAboutSUB200800092 Review Comments Final Plat 2008-10-20FAX COVER SHEET
TO: Tom Gale; Roudabush, Gale & Associates
FAX #: 434.296.5220
FROM: Summer Frederick; Senior Planner
RE: Airport Office Center Maintenance Agreement
# OF PAGES: 7 (including cover)
To follow, please find a maintenance agreement review checklist and
submitted agreement with comments. The requested changes are
not substantial and should be relatively easy to make. Once these
changes have been incorporated into the document, submit a copy
for an expedited review.
Submission of revised document may be made via email, fax, or hard
copy.
Please feel free to contact me if you have any questions.
Summer Frederick
Senior Planner, Current Development
Albemarle County
434.296.5832 x3565
sfrederick@albemarle.org
�� �z7,o
Checklist for Maintenance Agreements
File # 5W� %a Project Name: V- evt- 6 xe, Cew- /'
14 -317 Instrument evidencing maintenance of certain improvements.
If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or any authority or
other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the
improvement, as follows:
A. The instrument shall, at a minimum:
f.y (1) Identify the plat to which the instrument applies; if
the plat has been recorded, the identification shall include a
dee book and page number.
x (2) State that the improvement will be maintained in
Setu'ty ; State (3 that the improvement will be maintained to a
and 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
Cept in severe temporary weather conditions."
(4) If the instrument pertains to the maintenance of one
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.
❑ (6) 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.
❑ (8) Describe how maintenance costs will be prorated
among the landowners subject to the instrument (e.g.,
"equally," or on a percentage basis); lztVtfhmr -The'
,21W n c ay be- far&FrTivi—de -c , ems ment s a a s1�`I
.descrihe_ham" maintel nn s.A il•l bo-prar- at-�d -a-1 _ the
landowners after division.
-I
Comments
R�
❑ K0+7 d \� G(JU RICA
El vlut- vff b-,)+,Vy\
EJ - 4 �
❑ &_3
❑ (9) State verbatim: "No public agency, including the ❑
rginia Department of Transportation and the County of
Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein."
B. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so
that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the
instrument be on a form prepared by the county attorney.
C. For purposes of this section, the term "to maintain," or any derivation of that verb, includes the maintenance,
replacement, reconstruction and correction of defects or damage.
D. Nothing in this section shall affect the rights of the county reserved under section 14 -440.
PA
• •� t 07 08 05:25p Virginia Wells 04u'b3y' I Z30 P. i
�ni n�i tnna t.o: eao 4J4- L40-40D4
■
■
SHARED ACCESS MAINTENANCE AGREEMENT
TIUS SHARED ACCESS MAINTENANCE AGREEMENT is made and entered into
this — day of October, 2008, by and between Airport Office Centex', LLC, a Virginia limited
liability company ( "Airport Office Center "), whose address is
and
cc 'D, whose address is
wHEREAS, the above parties are the owners of two adjoining lots located irk the Rio
Magisterial District of Albemarle County, Virginia, which are served by a shared access to
parking lot facilities located on these lots. said shared access being shown by plat of survey
entitled thee. "Subdivision Plat Showing Lots A" A Divisioia ok"fMP 32 -45 ", as Prepared- by
Roudabush, Gale & Associates, Inc. a copy of which is attached hereto and recorded with this
Agreement; and
WHEREAS, Airport office Center L.L.C, is the owner of the lot designated as "Lot H"
on the aforesaid plat of survey; and;
NVEXRE,A S, is the owner of the adjoining Lot designated as "Lot A"
on the aforesaid plat of survey; and
`MEREAS, the parties desire to enter into agreement in order to provide fox the joint
maintenance, repair, and upkeep of said shared access to their respective parking lots.
NOW, THEREFORE, in consideration of the premises and mutual covenants provided
herein, the parties agree as follows:
(1) The parties hereby agree on behalf of themselves, their hens, personal
representatives, successors, and assigns, to maintain said shaved access and to perform repairs so
Oct 07 G8 05:26p Virginia Wells 54U-b�y-I2:�b P2
IU /U! /40[10 .LO-VD tiJ`1- GLV "`tU JY VII1vL. I�`-.� Vv. vv
as to maintain the shared access in good and safe condition in accordance with standards set forth
below. The parties hereby agree to share equally in the cost of such maintenance and repair,
regardless of the size of any particular lot or distance traveled over the shared access; provided,
however, that in the event a party's agent or business or professional invitee causes damages to
the shared access other than ordinary wear and tear, said party shall be required to repair such
damage and bear the cost thereof exclusively.
The terms "repair" and "maintenance" shall include, but not be limited to,
repairing the shared access road surface, adding or repairing blacktop, cleaning obstructions,
grading or scraping the road as necessary, cleaning or re- ratting ditches as necessary, trimming
brush along the roadside, removing snow, and performing any and all outer necessary work
required to maintain the shared access in a condition that will allow for reasonable and safe
ingress and egress,
(3) Any ply May initiate repairs or maintenance by first informing the other
Lot owner in writing of his/her intention and the extent of the work sought, If no objection, is
received within seven (7) days of such notice, then the initiating party may proceed with the
work However, no notice for initiating snow removal or rezaoval of impassable obstructions
shall be required.
(4) There shall be no obligation on the undersigned to upgrade the shared access to a
superior condition than exists on the date hereof unless amajority of the parties obligated
hereunder to maintain the road agree to such upgrade in writing.
(S) Each party hereby grants to the other pasties hereto a temporary construcU on
easement across the lot owned by such panty for the purpose of maintaining, repairing, or
upgrading the shared access, as provided for in this Agreement.
UCt U/ Ub Ub:Lbp virginia vvelis UYfu- VJO- IGJJ N,J
1O/ O!! LOUD AD..VO 4J4- 440 -40a`� ui . iu� •+`+� ""• "'
(6) There shall be a continWng lien upon each lot having the right to use the shared
access to secure the payment of dbarges herein provided for maintenance and repairs, but such
liens sball at all tunes be subject to any Srst or second deeds of trust placed on the lot until notice. .
of such lien shall have been recorded, if the pro rata share of the cost of maintenance or repairs
due hereunder is not paid by the owner of a lot when due, a notice of such nonpayment may be
recorded by the parties or by the person or corporation providing such maintenance or repairs in
the Clerk's Office, and from the tixne of such .recordation, the amount stated in such notice,
together with interest, costs, and reasonable attorney's fees, shall become alien prior to any
deeds of trust recorded subsequently to the recording of such notice.
() 'This Agreement is provide for the joint maintenance of a shared access to parking
facilities located on each owner's lot. Nothing in this Agreement shall permit the owner of Lot
A tv use or access parking spaces located on Lot 8, and nothing in this Agreement shall permit
the owner of Lot $ to use or access panting spaces located on Lot A.
(8) The covenants set forth in this Shared Access Maintenance Agreement shall run
with the land describcd above and owned by the parties hereto and shall be binding on the heirs,
IO personal mpresentatives, successors, and assigns ofthe parties hereto.
�(9) The shared access which is the subject of this maintenance agreement shall ,trot be
A
\'\ J maintained by Albemarle County authorities or by the Virginia Highway and Transportation
14 Department,
(9) This Shared Access M nta ce Agreement contains the entire agreement
between the parties hereto and shall be construed and interpreted according to the laws of the
Commonwealth of Virginia.
Uct U/ Ud US:Zbp virginia vvens JtV'UJJ'ILJJ N,t
117 / G(/ /Uric) 10. UO 4J4- 44U —�0711 VI I Av"
IN WITNESS r►P WREOF, the parties hereto affix their signatures, and seals below on
the date fztat above written.
,Airport Office Centex, L.L.C.
By:
Its:
COMMONWEALTH OF VIRGIMA,
CITY /COUNTY OF , to -wit:
By:
Its:
The foregoing instrument was acknowledged before one this day of October, 2008,
by _ , as of Airport Office Center, LL.C.
My Commission expires:
Notary Public##
COMMONWEALTH OF VIRGINIA,
CITYICOUNT'Y OF , to -wit:
The foregoing instrument was acknowledged befom me this day of October, 2008,
by , as of ,
My Couvnisrion expires:
Notary Pubb0