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Home My WebLink AboutSUB201400015 Review Comments Miscellaneous Submittal 2014-04-22Review of Private Improvement Maintenance Instrument (Albemarle County Code § 14 -317) TO:�� Al RE: SUB 000 I � � d&V r ��(/► C�� The ii sttument required by Albemarle County Code § 14 -317 for this subdivision: is approved. 6�ro Oil � � :5 4 U 16f IX a r%Cted ) 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)): 1. ✓Identifl7 the plat to which the instrument applies; if the plat has been recorded, the identification shall include a deed book and page number. 2. ✓state that the improvement will be maintained in perpetuity. 3. /State that the improvement will be maintained to a standard that, at a minimum, ensures that it will remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14 -436; for a private street, shared driveway, or alley, the instrument also shall state substantially as follows: "The travel-way shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all tunes 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 substantially as follows: "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 if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14 -436. i 6. ✓Identif 7 the tinning or conditions warranting maintenance of tlne improvement. /ate 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 anon- contributing landowner, to bring an action at law to collect the fiends, or both. 8. 6escribe how maintenance costs will be prorated among the landowners subject to the instrument (ag., "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— -Mite- substantially -as- follows: - "No- public- agency,-including- the - Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any inn rovement identified herein." f Date: 9M Gre n tin i Dep �' m T Aarney Prepared by: Jones and Green, LLP 917 E. Jefferson St. Charlottesville, Va. 22902 Albemarle County Tax Map 03000- 00- 00 -009BO Albemarle County Tax Map 03000- 00- 00 -009B1 EASEMENT AND PRIVATE ROAD MAINTENANCE AGREEMENT The EASEMENT AND PRIVATE ROAD MAINTENANCE AGREEMENT (hereinafter, the "Agreement ") is made this _ day of March, 2014, by HARRY F. YODER (hereinafter, the "Declarant "), whose address is 1012 Good Hope Church Rd., Aroda, Va. 22709. WHEREAS, the Declarant is the owner of two parcels of land known respectively as Albemarle County Tax Map 30, Parcel 9B pursuant to the deed in Deed Book 4421, page 6541, and Tax Map 30, Parcel 9131 pursuant to the deed in Deed Book 3250, page 467, both as shown and described on a plat by Roger W. Ray & Associates, Inc, dated January 21, 2014, a copy of which is hereto attached and made part of this Agreement (hereinafter, the "Plat "); and WHEREAS, the aforementioned properties previously had access to the public thoroughfare by use of a 30' Access Easement as shown on a plat by Roger W. Ray & Associates, Inc., dated August 2, 1993, recorded in the Albemarle County Circuit Court Clerk's office at Deed Book 1366, page 624, which Easement is hereby voided and rendered of no legal affect, it being replaced by this Easement; and WHEREAS, the aforementioned properties were previously served by a Private Road Maintenance Agreement recorded at Deed Book 1366, page 621, which Agreement is hereby voided and rendered of no legal affect, it being replaced by this Agreement; NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby declares and imposes upon Parcels 9B and 9B 1 the following access easement and private road maintenance agreement: 1. EASEMENT. The Declarant hereby GRANTS and CONVEYS unto the owner of Parcel 9B, a mutual, non - exclusive, perpetual easement for ingress and egress between State Route 665 and Parcel 9B, for the benefit of said Parcel 9B, which easement begins at State Route 665 and is shown as "Relocated 30' Access Easement over existing gravel driveway" on the plat attached hereto. Said conveyance shall be subject-to the following terms, conditions and provisions regarding any private roadway now existing or to be extended or shown on the plat attached hereto. E1 2. MINIMUM STANDARD: (a) The private road shall be maintained with a minimum 10 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 private road 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. (b) The slope of Parcels 9B and 9B 1 shall not be changed, except as may be required to install drainage ditches necessary to insure proper drainage of the private roadway. (c) Any necessary drainage pipes and ditches shall be installed in areas that do not impede or restrict access within Parcels 9B and 9B 1. (d) Any private road now existing or to be constructed serving Parcel 9B or 9B 1 shall be a private road providing ingress and egress between State Route 665 and Parcels i 9B and 9B 1. Such private road shall provide reasonable all- weather access by motor vehicles as required by Section 14,12 of the Albemarle County Code. (e) The condition of the private road at the time it is approved by the county is: there is an existing gravel driveway into Parcel 30 -9B1 and turning left into Parcel 9B approximately 10 feet wide; it is anticipated any extension or maintenance of the private road will be of the same quality, width and materials. The condition of the improvement identified herein shall be maintained in perpetuity. 3. MAINTENANCE: For purposes of this instrument, `maintenance', includes the maintenance of the private road, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private road improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private road 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. 4. COST OF MAINTENANCE: The owner(s) of Parcels 9B and 9B 1 shall be equally responsible for the cost of the maintenance of, and or repair to the private road from the point where it leaves State Route 665 to the point where the private road turns left toward Parcel 9B (hereinafter, "the jointly maintained portion of the private road "). The owner of Parcel 9B shall have the right to maintain the private road from the point where it turns left toward Parcel 9B to the property line of Parcel 9B, and any such maintenance shall be solely at the expense of the owners of Parcel 9B. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. Any owner(s) causing construction work to be done on their parcel shall be solely responsible for all costs of repairing any damage to the jointly maintained portion of the private road serving the two parcels, and to restore said private toad to at least as good a condition as-Qxisted prior to the commencement of such construction. The provisions this subparagraph shall go into effect only after the commencement of any site work, construction or improvements on or to the parcel concerned. 5. WHEN TO MAINTAIN: After the initial construction of the private road, any further construction, maintenance or repair to the jointly maintained portion of the private road shall be undertaken only with the mutual consent of all owners. Provided that in the 'event that one of the owners determines that the jointly maintained portion of the private road 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 jointly maintained portion of the private road, such owner may commence or contract for maintenance or repair to bring the j ointly maintained portion of the private road to the minimum standard and the charges therefore shall be the responsibility of all owners using the jointly maintained portion of the private road. 6. 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 signed this Declaration. Harry F. Yoder STATE OF VIRGINIA AT LARGE CITY /COUNTY OF , to -wit: The foregoing Declaration was acknowledged before me this day of , 2014, by Harry F. Yoder. Notary Public My commission expires: 3