HomeMy WebLinkAboutSUB201400090 Agreements 2015-08-20 d
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Prepared by Jan Shiflett, Associate Broker for Roy Wheeler Realty Co.
Albemarle County Tax Map 03500-00-00-037A0
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter,the
"Agreement")is made this day 14th of July 2014, by Jean H. Lam (hereinafter,the
"Declarant"),whose address is 5682 Stony Point Rd,Barboursville,VA 22923.
WHEREAS,the Declarant(s) is/are the owner(s) of a parcel of land known as
Albemarle County Tax Map it 03500-00-00-037A0 pursuant to the plat/deed in Deed
Book#727,Page#456
WHEREAS,Tax Map#03500-00-00-037A0 will be subdivided by the Declarant
into Parcel B with 1 division right containing 25 acres respectively,as shown and
described on a plat by Andy Graft,dated 4/18/14,a copy of which is hereto attached and
made part of this Agreement(hereinafter,the"Plat"); and
WHEREAS,the access easement shown on the Plat will be a new and existing 30
foot non-exclusive ingress and egress easement(hereinafter,the"Street")for the use and
benefit of Parcel A&B shown on the Plat.
NOW,THEREFORE,for and in consideration of the premises and the
undertakings contained herein,the Declarant hereby imposes upon Parcel A&B a Street
to be maintained 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. The travel way 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 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, 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 MAINTENANCE: The owner(s) of Parcel A,Jean Lam will be 1/3
responsible for the cost of the maintenance of,and or repair to the Street,from the
property entrance to where her property line is.Jean Lam will not be responsible for
extending the road for the new owners. Parcel B will be responsible for 2/3 share of the
cost of maintaining. Any further division of Parcel A or B shall require the reassessment
of cost to be equally shared by all owners using of the Street. In the event Jean Lam no
longer lives there or sells the property,this agreement will automatically convert to a
50/50 maintenance agreement with new property owners. 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 or
repair. The amount due by any delinquent Owner shall bear interest
p Y Y at the maximum
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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.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
� I
BY:S.�,Qdi,,1 /i
Jean H. Lam
STATE OF VIRGINIA T LARGE
CITY/COUNTY OF �- 1
)'�'��Slli,_. ,to-wit:
l The foregoing Declaration was
acknowledged before me this)4 day of >�la LIS�' ,2014, by Jean H. Lam.
ckiziLw& auk TLAwto
Notary Public
My commission expires:
„Te Melissa Ann Tibbetts
,c^' 4. NOTARY PUBLIC
of Commonwealth of Virginia
Reg. #7544409
.•ti; My Commission Expires
°ctq pV`' October 31, 2017