HomeMy WebLinkAboutSUB200800205 Legacy Document 2008-12-15This Document Prepared by Mary -Susan Payne, Esquire
1800 Dairy Road, Charlottesville, Virginia 22903
Tax Map 02600 -00 -04900
THIS PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement ") is made this day of December, 2008, by and between ANITA F. SEALE,
Grantor, (hereinafter referred to as "Declarant "), and ANITA F. SEALE, Grantee, whose address is:
4896 Heart Break Road, Crozet, Virginia 22932
WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County
Tax Map 02600 -00 -04900 pursuant to the deed recorded in the Albemarle County Circuit Court
Clerk's Office in Deed Book 3310, Page 92; and
WHEREAS, Tax Map 02600 -00 -04900 will be subdivided by the Declarant into Lots 1
and 2, containing 4.00 and 5.40 acres respectively, as shown and described on a plat by Roger W.
Ray and Associates, dated June 13, 2008, as last revised November 11, 2008, 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 fifty (50') foot non-
exclusive ingress and egress easement (hereinafter, the "Street ") for the use and benefit of Lot 2
shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby imposes upon Lots 1 and 2 a Street to be maintained as
follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum of 10 feet 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 of Lot 2 shall be responsible for the cost of the
maintenance of, and or repair to the Street, from State Rout 674 to his property line with Lot 1.
Any further division of Lots 1 and 2 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.
M.
STATE OF VIRGINIA AT LARGE
Anita F. Seale
CITY /COUNTY OF , to -wit:
The foregoing Declaration was acknowledged before me this day of ,
2002, by Anita F. Seale.
Notary Public
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