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Home My WebLink AboutSUB201400075 Agreements 2014-09-15 This document prepared by: DOUGLAS C.WOODWORTH,P.C. Stuarts Draft,Virginia Virginia State Bar#18791 Combining a portion of TMP 03000-00-00-004 with TMP 03000-00-00- 005A0 THIS DEED OF GIFT and PRIVATE ROAD MAINTENANCE AGREEMENT, exempt from recordation taxes by virtue of the provisions of Virginia Code Section 58.1-811 D, made and entered into this 12th day of September, 2014, by and between NATHAN WILLIAMSON, party of the first part, GRANTOR, and CALLA BELL WILLIAMSON, his wife,party of the second part, GRANTEE,whose address is P. O. Box 19, Free Union, VA 22940, WITNESSETH: That, as a gratuitous transfer, the said Nathan Williamson, party of the first part, does hereby give, grant and convey, unto his wife, the said Calla Bell Williamson, party of the second part, subject, however, to the ingress and egress easement hereinafter reserved, the following described real estate, to-wit: All that certain tract or parcel of real estate, together with the improvements thereon and all rights, rights-of-way and appurtenances thereunto belonging or in anywise appertaining, located in the White Hall Magisterial District of Albemarle County, Virginia, identified as PARCEL `X' containing 1.316 acres on that certain plat (hereinafter"the Plat") dated August 28, 2014, prepared by Roudabush, Gale & Associates, Inc., and entitled"Plat Showing a Boundary Line Adjustment Parcel `X', 1.316 Acres a Portion of Parcel 4 of Tax Map 30 to be Added to Parcel 5A of Tax Map 30 Located on Buddy's Place Lane, Private, Off State Route 665, Buck Mountain Road, White Hall Magisterial District, Earlysville, Virginia," a copy of which is attached hereto, made a part hereof and to be recorded herewith in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; being a portion of the real estate „,J r.✓ conveyed to Nathan Williamson by deed dated July 8, 2004, from Fred Williamson and Mary T. Rice of record in the aforementioned Clerk's Office in Deed Book 2800, Page 312. Reference is here made to the aforementioned deed and Plat and to the references therein contained for a more particular description as well as derivation of title. The present conveyance is made subject to a non-exclusive easement for ingress and egress thirty feet (30') in width over that portion of said 1.316 acre parcel which lies within the bounds of the New 30' Private Street” as shown on the Plat, said easement to be for the benefit of Grantor's residue (Residue Parcel 4" as shown on the Plat) containing 6.7345 acres. The property hereby conveyed is not conveyed as a separate parcel but rather is to be combined with the adjoining parcel, TMP30-5A already belonging to Grantee. Private Road Maintenance Agreement Located on the property hereby conveyed, within the bounds of the 30'right-of-way herein reserved, is a gravel driveway which serves as access from Buddy's Place Lane to both Grantor's residue and the existing building located on the property hereby conveyed. Grantor and Grantee agree to share, on the terms hereinafter provided, responsibility for maintaining the shared portion of this gravel driveway (that is, the portion of said driveway which extends from Buddy's Place Lane to the common boundary between the property hereby conveyed and Grantor's residue). Said portion is referred to hereinafter as "the Driveway." The terms of the parties' agreement are as follows: 1) The Driveway shall be maintained in perpetuity to substantially the same condition as it is at the present time. The Driveway 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. 2) Maintenance or repair of the Driveway shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Driveway 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 Driveway, such owner may commence or contract for maintenance or repair to bring the Driveway to the minimum standard and the charges therefor shall be the responsibility of all owners using the Driveway. 3) The owners of the two parcels served by the Driveway shall each, on a per parcel basis, contribute one-half of the cost of the Driveway's maintenance; provided, however, that if Grantor's Residue Parcel 4 is further subdivided, resulting in there being three parcels that share the use of the Driveway, then the owners of the three parcels served by the Driveway shall each contribute one-third of the cost of the Driveway's maintenance, If the owners of any parcel shall fail to pay his/her/their proportionate share of the costs of maintenance or repair for which he/she/they is/are responsible, any other parcel 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 the said defaulting parcel owner(s) to secure the payment of the assessment of the parcel failing to pay his/her/their proportionate 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(s) shall be liable to pay all costs of collection, including reasonable attorney's fees. 4) No public agency, including the Virginia Department of Transportation or the County of Albemarle,Virginia, will be responsible for maintaining the Driveway. 5) Both the benefits and the burdens of the present private road maintenance agreement shall run with the land. 6) For purposes of this instrument, the term "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. For purposes of this instrument, the term"maintenance" is the maintenance of the Driveway. The term to maintain" or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. WITNESS the following signatures and seals: 1/)4 'CY 0 1 Air Natha Wil°amson ' / — J � Calla Bell Williamson STATE OF VIRGINIA, AT LARGE CITY/COUNTY OF A I( emaYl, , TO-WIT: The foregoing instrument was acknowledged before me this the 1 5 day of St pt M be 2 , 2014, by Nathan Williamson. ••o�eeeeee•eeeee,i . -k pANIELLF '. Notary Publi �� IVOTARY•.cod Z: PUBL REG#752IC 4448 •:cmn 0 MY COMMISSION o E PIRES , cD • ,•„VFALTH O •••• eeeeee• to- STATE OF VIRGINIA, CITY/COUNTY OF ifflyirnarit , TO-WIT: The foregoing instrument was acknowledged before me this the I S day of ,Wyternbe( , 2014, by Calla Bell Williamson. Notary Publ o 'o,, ./VOTARY.•COQ . : PUBLIC •'• .. j REG#7524448 •;cn 0 MY COMMISSION; Z •, E IREES •. 2 91110,.•' _c� ........ 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