HomeMy WebLinkAboutSUB200800298 Legacy Document 2009-04-20 (2)Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14 -317)
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The instrument required by Albemarle County Code § 14 -317 for this subdivision:
is approved.
is not approved because it fails to satisfy one or more of the following requirements (number references
are to Albemarle County Code § 17- 317(A)):
Identify 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.
State that the improvement will be maintained to a standard 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 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.
State a means to collect finds 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.
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." LO
Date: 021 /D 7
T
Greg a to r
Dep un y A orney
Date: February 4, 2009
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: Clark/Schuyler (SUB2008 -298) Two Lot Subdivision— Private Maintenance
Agreement
Date Submitted: 2.3.09
Dear Mr. Kamptner:
Patty Clark has submitted a private street maintenance agreement and plat for the above named
project. At your earliest convenience, please review the attached maintenance agreement for your
approval and signatures. Should you have any questions or comments please feel free to contact
me.
Sincerely,
Megan Yaniglos
Senior Planner
Ext. 3004
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COUNTY OF ALBEMARLE
Department of Community Development
ATTORNEY'S OFFICE
401 McIntire Road, Room 227
t
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
Fax (434).972-4126
Date: February 4, 2009
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: Clark/Schuyler (SUB2008 -298) Two Lot Subdivision— Private Maintenance
Agreement
Date Submitted: 2.3.09
Dear Mr. Kamptner:
Patty Clark has submitted a private street maintenance agreement and plat for the above named
project. At your earliest convenience, please review the attached maintenance agreement for your
approval and signatures. Should you have any questions or comments please feel free to contact
me.
Sincerely,
Megan Yaniglos
Senior Planner
Ext. 3004
Checklist for Maintenance Agreements
File #,I(g ZOUB 7 Z� 't Project Name: Oafet ' Z .OT
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 contain:
(1) Identify 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, 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 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."
S. 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.
Prepared by Thaddeus R. Lyman, Esq.
Albemarle County Tax Map 12600 -00 -00 -04400
Existence of Title Insurance Unknown to the Preparer.
Return to:
DECLARATION
This EASEMENT OF RIGHT OF WAY FOR INGRESS AND EGRESS and
PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement ") is
made this 2nd day of February, 2009 by and between BUCK A. CLARK and PARTICIA
L. CLARK, husband and wife, (hereinafter, the "Declarants ") whose address is P.O. Box
372, Crozet, Virginia 22932.
WHEREAS, the Declarants are the owners of a parcel of land, with improvements
thereon and appurtenances thereto, situated in Albemarle County, Virginia, containing
4.017 acres, more or less, more particularly described as Albemarle County Tax Map No.
126 Parcel 44 on "Plat Showing a Division of Tax Map 126, Parcel 44 Scottsville
District, Albemarle County Virginia" a prepared by Steven L. Key Land Surveyors &
Land Planners, Inc., dated December 5, 2008, a copy of which is hereto attached as
Exhibit. A and made part of this Agreement (hereinafter, the "Plat");
WHEREAS, Tax Map No. 126 Parcel 44 will be subdivided by the Declarants
into Residue of TMP 126 -44 and Parcel "D ", containing 2.017 acres and 2.000 acres
respectively, as shown and described on the Plat by Steven L. Key Land Surveyors &
Land Planners, Inc., dated December 5, 2008.
WHEREAS, the Declarants hereby establish a nonexclusive easement of right -of-
way thirty (30) feet in width, being fifteen (15) feet on either side of the centerline of the
existing gravel road as shown on Parcel "D" on the Plat. Said easement shall be only for
the purposes of ingress to and egress from a one single family residence to be located on
Residue of TMP 126 -44. The ingress and egress easement shall hereinafter be described
as the "Street ".
NOW, THEREFORE, for and in consideration of the promises and the
undertakings contained herein, the Declarants hereby impose upon the lots described on
the Plat as Parcel "D" and Residue of TMP 126 -44 a Street to be maintained in perpetuity
as follows:
MINIMUM STANDARD_: The Street .shall be maintained with a minimum 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 of Albemarle. 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 instnum "xinai-nte ance ", include
maintenance of the private streets or alleys, and all cur s and ainage faci�
utilities, dams, bridges and other private street improvements remc
snow, water, debris, or any other obstruction so as to keep the private street of 1lei
reasonably open for usage by all vehicles, including emergency services vehicles.
term "to maintain" or any derivation of that verb, includes the maintenance, replac
reconstruction and correction of defects or damage.
COST OF MAINTENANCE: The owner(s) of Residue of TMP 126 -44 and
Parcel "D" shall be equally responsible for the cost of the maintenance of and /or repair to
the Street, from the point at which the Street adjoins or abuts State Route 602 to a
termination point of the Street on Residue of TMP 126 -44 where the driveway of Residue
of TMP 126 -44 begins. Any further division of Residue of TMP 126 -44 or Parcel "D"
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 of
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.
The provisions set forth above shall run with the land and shall be binding upon
any and all parties who have, or shall acquire any right, title or interest in all or any part
of the said Lots and shall inure to the benefit of each Owner thereof.
Bottom of Page Intentionally Blank
WITNESS the following signatures and seals.
(SEAL)
BUCK A. CLARK
(SEAL)
PARTICIA L. CLARK
_COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing Declaration was acknowledged before me this day of
2009, by Buck A. Clark.
My commission expires:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to -wit:
Notary Public
W
The foregoing Declaration was acknowledged before me this
, 2009, by Patricia L. Clark.
Notary Public
My commission expires:
day of