HomeMy WebLinkAboutSUB201400031 Agreements Now
Prepared by: John A. Dezio, Attorney Tax Map: 11400-00-00-00600
VSB# 07678
2350 Commonwealth Drive, Suite C
Charlottesville,VA 22901
ROAD MAINTENANCE AGREEMENT
The PRIVATE ROAD MAINTENANCE AGREEMENT(hereinafter, the "Agreement")
is made this 23`d day of July 2014, by CHARLES STEVEN MARTIN, II (hereinafter, the
"Declarant"),whose address is 6 (),"(,z__--; A) VA • X29 f
WHEREAS,the Declarant is the owner of a parcel of land, in the County of Albemarle,
Virginia, containing 12.603 acres,more particularly described as"Residue," on a Plat of Robert
W. Coleman,Jr., Land Surveyor, dated April 25, 2013, attached hereto and made a part hereof;
WHEREAS,the Declarant is also the owner of a parcel of land, in the County of
Albemarle,Virginia, containing 13.554 acres, more particularly described as Parcel"H" on a
Plat showing division survey on Tax Map 114,Parcel 6, dated January 10, 2014, last revised
June 11, 2014,prepared by Residential Surveying Services, a part hereof;
WHEREAS, the access easement shown on the Plat will be a new or existing 50 foot
non-exclusive ingress and egress easement (hereinafter, the "Road") for the use and benefit of
"Residue"and Lot"H" shown on the Plat;
NOW, THERFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby imposes upon"Residue" and Lot"H" a Road to be
maintained as follows:
MINIMUM STANDARD: The Road shall be maintained with a minimum of 14 feet
wide base of gravel or a superior surface as agreed to in the future supplemental declaration, and
maintained in perpetuity to substantially the same condition it was in when approved by the
County. The travel way shall at all times be maintained so that it is safe and convenient for
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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 CONSTRUCTION: The owner of"Residue" shall be solely responsible for the
cost of construction of the Road from State Route 795 to the northern corner of"Residue" at the
point where the boundary lines "Residue", TMP114,parcel 6B1 and TMP114, parcel 6B
intersect.
COST OF MAINTENANCE: The owners of"Residue"and Lot"H" shall be equally
responsible for the cost of the maintenance of, and repair to,the Road, from State Route 795 to
the northern corner of"Residue" at the point where the boundary line of"Residue", TMP114,
parcel 6B1 and TMP 114, parcel 6B intersect. The owner of Parcel "H" shall be responsible for
the maintenance of, and repairs to,the Road from that corner to Parcel "H". Any further division
of"Residue" or Lot"H" shall require the reassessment of cost to be shared equally by all owners
using the Road. No public agency, including the Virginia Department of Transportation and
the County of Albemarle,Virginia,will be responsible for maintaining any improvement
identified herein, and Allen Williams, owner of TMP114, parcel 6B shall have no
responsibility for such maintenance and repair.
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WHEN TO MAINTAIN: After the initial construction of the Road, 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 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 a 30 days prior written notice to all other
owners using the Road, such owner may commence or contract for maintenance or repair to
bring the Road to the minimum standard and the charges therefore shall be the responsibility of
all owners using the Road.
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.
Consent of Allen Williams: Allen Williams, owner of TMP114, Parcel 114, 6B,joins
herein to acknowledge the existence of the Road across his said property and to consent to the
terms of this agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the undersigned have executed the Agreement as of the date
first above written:
/t/V
�-- SEAL
( )
Charles Steven Martin, II
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE to-wit:
The foregoing Road Maintenance Agreement was acknowledged and signed before me
this Z. day of%.h.I ,2014, by Charles.teven M.Y•• I.
■ i/ (SEAL)
No . , Public
JOHN A. 0
My Commission expires: / Notary Public
i
My Notary ID# Commonwealth of Virginia
280058
My Commission Expires Jul 31, 2015
(SEAL)
Allen Williams
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE to-wit:
The foregoing Road Maintenance Agreement was acknowledged and signed before me
this i day of J I Y , 2014, by Allen Williams,.----------
(SEAL)
Notary Public
My Commission expires:
My Notary ID# IN
ieU M
` NOTARY PUBLIC STATE OF MARYLAND
My Commission Expires Sept.24,2015
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