HomeMy WebLinkAboutSUB201200094 Review Comments 2013-02-08Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14 -317)
RE: SUB CT �1 ei �t how w Lc
The instrument required by Albemarle County Code § 14 -317 for this subdivision:
Is approved.
–L/—is not approved because it fails to satisfy one or more of the following requirements (number references .
are to Albemarle County Code § 14- 317(A)):
zi . Identify the plat to which the instrument applie if the plat has been recorded, the. identification
shall include a deed book and page number. f �^� �/ / "S�G� ALB- f�lGri� f '%— t
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2. ✓iSeG� Gt4 -.e � � jr�n.G�t�
State that the improvement will be maintained in perpetuity. 9-0/3 I)P %2s5 (/;o rn V llk
3. State that the improvement will be maintained to a standard that, at a minimum, assui 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.
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); 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."
Greg aiiptr fir(/
Deputy ouu ty 7�ttorney
Date:
r i -
5e I So - 13
Prepared by: Zunka, Milnor & Carter, Ltd.
Albemarle County Tax Map portion of 77E1- 01- 00 -00000
DECLARATION
This SHARED DRIVEWAY MAINTENANCE AGREEMENT (hereinafter, the
"Agreement ") is made this day of 2013, by BD Land Properties, LLC, a
Virginia limited liability company, (hereinafter, the "Declarant "), whose address is 4630
Hamner Road, Charlottesville, Virginia 22903.
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County
Tax Map 77E1- 0 1- 00- OOOCO, Parcel 2 pursuant to the deed in Deed Book 3919, Page
721; and
WHEREAS, Tax Map 77E1- 01- 00- OOOCO, Parcel 2 will be subdivided, in part, by
the Declarant into 2 Lots containing 0.35 acres and 0.43 acres respectively, as shown and
described on a plat by Roger W. Ray & Associates, Inc, dated July 5, 2012, last revised
December 11, 2012, 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 will be a new 15 FOOT
WIDE non - exclusive ingress and egress easement (hereinafter, the "Street ") for the use
and benefit of Lot C1, containing 0.35 acres, and Lot C2, containing 0.43 acres, shown
on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon Lot Cl and Lot C2, a
Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum FIFTEEN
(15) foot 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 Lot Cl and Lot C2 shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, from Willow
Lake Drive to the property line shared by C1 and C2. Any further division of Lot C1 or
Lot C2 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.
:d
Jim Bonner
For BD Land Properties, LLC
STATE OF VIRGINIA AT LARGE
CITY /COUNTY OF , to -wit:
The foregoing Declaration was acknowledged before me this day of ,
2013, by Jim Bonner, Principal, BD Land Properties, LLC.
Notary Public
My commission expires:
Community Development Document Review
County Attorney's Office
TO: 1 1A r-1: s rare.
PROJECT NUMBER: Oct q
You have. requested that our office review the attached development document identified below:
Drainage easement
Shared parking agreement /easement
Open space /greenway easement
Dedication of right -of -way
Parcel determination
✓ Other: G✓ r`. s�(�C� ji'Vi�.(� ��C� Y� C ..
The document:
Is approved
is approved with minor edits as noted on the attached
,
is not approved because:
: Signatures or acknowledgement need to be redone (see comment below)
Legal description needs to be revised (see comment below)
V . Other (see comment below)
Comment:
t---"-9
If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a
party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance
on behalf of the County are provided. If the document did not include the applicants' signatures, a final version
of the document with the required signatures may now be submitted.
Date: 02,/05/13
Greg I4a t�Aurney n
Deputy
re Oti -se, 1-36-13
This document was prepared by: Zunka, Milnor & Carter, Ltd.
Tax Map and Parcel Number: portion of 77E1- 01- 00 -000BO
DECLARATION
THIS DECLARATION is made this _ day. of , 2013, by BD Land
Properties, LLC, a Virginia limited liability company (the "Declarant "), whose address if 4630
Hamner Road, Charlottesville, VA 22903.
WITNESS:
WHEREAS, the Declarant is the owner of that certain real property (the "Property ") located
in Albemarle County, Virginia, more particularly identified in the County of Albemarle, Virginia
tax maps as Tax Map and Parcel Number 77E1- 01- 00- 000B0, Parcel 1, containing 3.59 acres
more or less, as shown on the plat prepared by Roger W. Ray & Associates, Inc., dated July 5,
2012, last revised December 11, 2012, which will be titled "COMMON AREA ", which is
attached hereto and is to be recorded with this Declaration (the "Plat "); and
WHEREAS, the Declarant will dedicate said "COMMON AREA" to the Willow Lake
Homeowners' Association at such time as the County of Albemarle issues the Certificate of
Occupancy for the last residence to be built on any of the jots of Declarant;
WHEREAS, the Declarant desires to record the Plat to subdivide the Property, as more
particularly shown on the Plat (the "Common Area," "Lots" and the "Subdivision ");
WHEREAS, Albemarle County Code § 14 -317 requires that the Declarant assure the
perpetual maintenance of private improvements, private streets, alleys or shared driveways within
the Subdivision as a requirement for approval of the Subdivision; and
WHEREAS, the Declarant desires to assure the perpetual maintenance. of the "COMMON
AREA" within the Subdivision and to impose obligations on the owners of the Lots (the
"Owners ") to assure their appropriate maintenance.
NOW, THEREFORE, the Declarant declares the following:
1. Minimum standard to which the "COMMON AREA" will be maintained in perpetuity. The
"COMMON AREA" shall be maintained in perpetuity to substantially the same condition it was in
when it was approved by the County.
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Version: 11/26/12
2. Cost of maintenance. The Owner(s) of all Lots belonging to the Willow Lake
Homeowners' Association shall be equally responsible for the cost of the maintenance of the
".`COMMON AREA ". If any Lot is further subdivided, the cost of maintaining the "COMMON
AREA" shall be redistributed and shared equally between all existing Lots.
3. When to maintain. After the initial construction of the "COMMON AREA ", any
maintenance of the "COMMON AREA" shall be undertaken only with the mutual consent of all
Owners, provided that in the event that Owner or his/her agents, contractors or subcontractors
operates heavy equipment over or otherwise causes damage to the "COMMON AREA ", that
Owner shall promptly repair the damage at his/her sole cost.
4. Defaulting_ owner( s). If any Owner fails to pay his/her proportionate share of the costs of
maintenance for which he /she is responsible as provided herein, any other Owner not in default,
or the person or entity performing the maintenance, may after 30 days written notice to the .
defaulting Owner(s) bring an action against each defaulting 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 defaulting Owners to secure the payment of the assessment of an
Owner failing to pay his /her proportionate share of the maintenance costs. A Notice of Lien may
be bonded off as provided in Virginia Code § 43 -70 et seq. 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.
5. Public agencies not responsible for maintenance. No public agency, including the
Virginia Department of Transportation and the County of Albemarle, Virginia, will be
responsible for maintaining any improvement identified herein.
6. Perpetual covenants that run with the land. The obligations and benefits of this
Declaration are covenants that shall run with the land in perpetuity and shall be binding upon the
Owners and their heirs, successors and assigns.
WITNESS the following signature.
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Version: 11/26/12
DECLARANT:
Jim Bonner
BD Land Properties, LLC
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2013 by , Declarant.
My Commission Expires:
Registration number:
Notary Public
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Version: 11/26/12