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HomeMy WebLinkAboutSUB201400084 Agreements 2014-07-31 sftwir Prepared by William D. Tucker, III VSB 12360 Tucker Griffin Barnes PC 307 West Rio Road Charlottesville, VA 22901 Albemarle County Tax Map 10100-00-00-001B0 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day 3► of July, 2014, by THEODORE S. THOMAS and ROSALIND E. WESTERMAN, husband and wife, (hereinafter, the "Declarant"), whose address is 2449 Dudley.Mountain Road, North Garden, VA 22959. WHEREAS, the Declarant is the owner of a parcel of land now known as Albemarle County Tax Map 101-1B (hereinafter, the "Property") having acquired the said Property by Deeds recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 710, page 195 and Deed Book 3858,page 406; and WHEREAS,the Property will be subdivided by the Declarant into Lot A containing 5.670 acres, more or less, (hereinafter "Lot A") and Parcel 1B, containing, 31.241 acres, more or less, (hereinafter"Parcel 1B"), both Lot A and Parcel 1B are shown and described on a Subdivision Plat by Terra Engineering and Land Solutions, PC, dated vtit bz - 2�, �. , a copy of which is recorded immediately prior here to (hereinafter,the "Plat"); and %me *4001 WHEREAS, a certain non-exclusive access easement for ingress and egress from State Route 706 for the use and benefit of Lot A and Parcel 1B is shown and described on the Plat as the "New Private Street Easement" (hereinafter, the "Street") NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lots A and Parcel 1B the Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum of ten feet (10')wide gravel surface, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The Street 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 and shall not be deemed necessary maintenance as contemplated herein. Maintenance and repair shall include the roadbed and surface and drainage culverts and ditches. If only two parcels are improved, then the owner of either parcel can require maintenance to be performed to maintain the Street in good condition. If there are more than two improved parcels, a majority of owners of improved parcels shall be required to determine the standard of maintenance and initiate repairs as deemed necessary. MAINTENANCE: For purposes of this instrument, `maintenance', includes the maintenance of the Street, 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 Street 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. If the Street is subjected to extraordinary wear and tear or damage and such extraordinary wear and tear and damage is caused by the action of any parcel owner or his or her guests, tenants, employees, agents or contractors, then the parcel owner who causes such extraordinary wear and tear or damage to the Street shall bear all costs to restore the Street to its installed condition prior to the occurrence of such extraordinary wear and tear or damage. COST OF MAINTENANCE: The owners of Lot A and Parcel 1B shall be equally responsible for the cost of the maintenance of, and or repair to the Street, from State Route 706 to the boundary line between Lot 1 and Parcel 1B. (between segment I and J as shown on the Plat). The owners of Parcel 1B shall be solely responsible for the cost of maintenance of, and or repair to the Street, which is located exclusively on Parcel 1B. Any further division of Lot A and/or Parcel 1B shall require the reassessment of costs to be equally shared by all owners using 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 here. 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 Same NIS 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 thirty (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 thirty (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. SURVIVIAL: This Agreement shall run with the land and shall inure to the benefit of and shall be binding upon the parties hereto,their respective heirs, successors and assigns. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. BY: `'' f THEODORE S. THOMAS BY: Ar)ir"Lmil, $ Lcia,AA---' ROSALIND E. WESTERMAN STATE OF VIRGINIA AT LARGE CITY/COUNTY OF A I bar t ,to-wit: The foregoing Declaration was acknowledged before me this .3 15fday of Jus , -V( 2014, by THEODORE S. THOMAS and ROSALIND E. WESTERMAN. 01 ill) /-41.11/111:Alab . + ublic JULIA J CONLEY NOTARY PUBLIC Commonwealth of Virginia My commission expires: //-30 -,ROT? Reg. #7248647 My Commi,,sion Expires ii'3'bZd I7- Notary Registration number: 3aC/1(-1 ci — __ _.