HomeMy WebLinkAboutSUB201400103 AgreementsPrepared by:
Tucker Griffin Barnes P.C.
William D. Tucker, III, VSB# 12360
307 West Rio Rd
Charlottesville, VA 22901
434 - 973 -7474
Albemarle County Tax Map: 09200 -00 -00 -01700
Title Insurance Underwriter unknown to the preparer.
111 71I[�ll
This PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement ") is made this day 16`x' of July, 2014, by and between CHRISTOPHER J.
GOODELL and ERIKA G. GOODELL, husband and wife (hereinafter, the
"Declarant "), whose address is 1376 Sutlers Road, Charlottesville, Virginia 22902.
WHEREAS, the Declarant is the owner of a parcel of land now known as
Albemarle County Tax Map 92, Parcel 17, having acquired said parcel of land by Deeds
recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia,
in Deed Book 3235, Page 118, and Deed 1954, page 520; and
WHEREAS, the Property will be subdivided by the Declarant into Lot 2,
containing 6.125 acres, more or less, (hereinafter, "Lot 2 "), and Lot 2A, containing 7.02
acres, more or less, (hereinafter, "Lot 2A "), as shown and described on a plat by Lincoln
Surveying, entitled, "Subdivision Plat Showing Lots 2 and 2A —Being a Division of Tax
Map 92 Parcel 17, Located on State Route 732, Scottsville District, Albemarle County,
Virginia," dated , a copy of which is recorded immediately prior
hereto (hereinafter, the "Plat "); and
WHEREAS, a certain non - exclusive access easement for ingress and egress to
State Route 732, for the use and benefit of Lots 2 and 2A, is shown and described on the
Plat as "New 40' Shared Driveway Easement for the Benefit of Lots 2 and 2A ".
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NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon Lots 2 and 2A a Street
to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum of 14
feet wide base of gravel, 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.
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.
COST OF MAINTENANCE: The owner(s) of Lots 2 and 2A shall be equally
responsible for the cost of the maintenance of, and or repair to the Street, from State
Route 732 to the boundary line between Lots 2 and 2A. Any further division of Lots
shall require the reassessment of cost to be equally shared by all owners using of 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 herein.
WHEN TO MAINTAIN: After the initial construction of the Street, any further
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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 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.
SURVIVAL: 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.
CHRISTOPffXR J. GOODELL
COMMONWEALTH QFVIRGINIA
CITY /COUNTY OF �%vr ( , to -wit:
The oregoing Dec�lafation was acknowledged before me this % day of
26-5` , 204glb Christopher J. Goodell.
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ERIKA G. GOODELL
3�' • ���F 'Oyo� ••��Z s
�''•, VIRGIN�P
COMMONWEALTH 0 VIRGINIA
CITY /COUNTY OF ��c_ , to -wit:
The fqregoing Deck ation was acknowledged before me this day of
20t, by rika G. Goodell.
Notary PPl%
My commission expires:
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