HomeMy WebLinkAboutSUB200800270 Legacy Document 2009-09-02Tax Map 081000- 00 -012B0
THIS DECLARATION made this 27`h day of August, 2009, by
MICHAEL POWNALL and CAROLINE POWNALL, hereinafter referred to as
Declarants,
W I T N E S S E T H:
WHEREAS, Declarants are the owners of certain property in the
County of Albemarle, Virginia, more particularly described as Lots
1 and 2 on plat of Roudabush, Gale & Assoc., Inc., dated December
4, 2008, titled ''SUBDIVISION PLAT SHOWING LOTS 1 AND 2 A DIVISION
OF PARCEL 12B TAX MAP 81 RIVANNA MAGISTERIAL DISTRICT ALBEMARLE
COUNTY, VIRGINIA'', said plat attached hereto; and
WHEREAS, said Lots 1 and 2 share a common entrance within the
30' new private street easement off of State Route 648 along the
existing gravel drive until the existing gravel drive turns to the
existing house as shown on the plat and then Lot 2 is served by
the 30' new private street easement from the point that it leaves
the existing gravel drive to the boundary of Lot 2, all as shown
on the aforesaid plat; and
WHEREAS, Declarants desire to provide for maintenance of that
portion of the 30' new private street easement as is used by both
parcels.
NOW, THEREFORE, Declarants declare and covenant as follows:
1. The "30' NEW PRIVATE STREET EASEMENT'' shown on said
plat leading to and from State Route 648 across Lot 1 to Lot 2
shall be a private right -of -way or easement for ingress and egress
for the benefit of those two (2) parcels.
2. The record owners of both parcels shall each bear and pay
an equal one -half (1/2) share of the cost of repair and
maintenance of said easement to such point where the record owners
of Lot 1 no longer use the easement. The record owners of Lot 2
shall bear and pay the entire cost of repair and maintenance of
said easement from where the record owners of Lot 1 no longer use
said easement until it reaches Lot 2. If any lot within the
subdivision is further divided, the percentage of maintenance
shall be revised so that maintenance costs will be prorated
equally among the landowners after division. No public agency,
including the Virginia Department of Transportation and the County
of Albemarle, will be responsible for maintaining any improvement
identified herein.
3. The right -of -way shall be maintained in perpetuity in its
presently existing condition and width and so to allow the
reasonable and safe access of standard passenger automobiles in
all but severe weather. The right -of -way is currently gravel, ten
(10) feet wide. Snow removal shall be deemed necessary maintenance
as contemplated herein. 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. Additionally, for the purposes of this section, the
term ''to maintain'', or any derivation of that verb, includes
maintenance, replacement, reconstruction and correction of defects
or damage. 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. Any Owner, upon his determination that maintenance is
needed, may initiate repairs or maintenance by first informing the
other in writing of his intention and the extent of work sought.
If no objection is received within seven (7) days of such notice,
then the initiating Owner may proceed with the work. However, no
notice for initiating snow removal or removal of impassable
obstructions shall be required. Each Owner shall pay his share of
the cost to the contractor and /or materialman prior to the payment
due date specified on any bill for work or materials.
5. There shall be a continuing lien upon each of the said
lots to secure the payment of the charges herein provided for the
right -of -way repairs or maintenance but such lien shall at all
times be subject to any first or second deeds of trust placed on
the property at any time until notice of such lien shall have been
recorded as hereinafter provided. If the proportionate share of
any costs of repairs or maintenance due hereunder is not paid by
any Owner of any of said lots when due, a notice of such non-
payment as to such may be recorded by any other lot Owner or by
the person or corporation performing such repairs or maintenance
in the Clerk's Office of the Circuit Court of the Circuit Court of
Albemarle County, Virginia, and from the time of such recordation
the amount stated, in the notice, with interest, costs and
reasonable attorney's fees, shall become a lien prior to any deeds
of trust recorded subsequently to the recording of such notice.
6. If agreement cannot be reached as to the need for
maintenance and repairs, then the party desiring the work may
proceed to enforce these covenants by legal action with all costs
and reasonable attorney's fees incurred therein to be awarded to
the prevailing party.
7. The sight distance easement shown on said plat shall be
maintained in the same manner and on the same terms as the
maintenance of the private road set forth herein.
8. The matters set forth in this agreement shall run with
the land in perpetuity and shall be binding upon the successors in
interest, heirs and assigns of the parties hereto.
WITNESS the following signatures and seals.
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MicPownall�
By W. Cary Brent, Jr., attorney in fact
Caroling,( Powna 1
By W. Cary Brent, Jr., attorney in
fact
STATE OF n l�
CITY /e-617T Y OF WVXS to -wit:
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The foregoing instrument was acknowledged before me this
v
day of DUk `_ , 2009, by W. Cary Brent, Jr., attorney
in fact
for Michael Pownall and Caroline Pownall .
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