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HomeMy WebLinkAboutSUB201400123 Agreements Prepared By: PLEASE RETURN TO: Richard G. Rasmussen, III,VSB#40694 Richard G. Rasmussen, III McCallum&Kudravetz,P.C. McCallum&Kudravetz, P.C. 250 East High Street 250 East High Street Charlottesville,VA 22902 Charlottesville, VA 22902 Tax Map Parcels: 08500-00-00-17B0(portion);08500-00-00-003A0 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day of September, 2014, by RICHARD A. HAUPT and MARGARET B. HAUPT (hereinafter, the "Declarants"), whose address is 7181 Batesville Road, Afton, Virginia. WHEREAS, the Declarants are the owners of a 24.06 acre, more or less, portion of a parcel of land known as Albemarle County Tax Map 85 Parcel 17B, pursuant to the Deed in Deed Book 4534 Pages 475-481 (the "Acquired Property"); and, WHEREAS, the William Lester Self Andrews Revocable Declaration of Trust Dated August 18, 1999, is the owner of the remaining property of Albemarle County Tax Map 85 Parcel 17B; and, WHEREAS, the Declarants are also owners of a 79.50 acre, more or less, parcel of land known as Albemarle County Tax Map 85 Parcel 3A, contiguous to the Acquired Property (the "Contiguous Property"); and, WHEREAS, the Declarants desire to have a new County Tax Map Number and Parcel Number registered for the Acquired Property and therefore create this Agreement to ensure public road access and provide a road maintenance agreement for the Acquired Property. WHEREAS, the Declarants will subdivide the Acquired Property from the remainder of Albemarle County Tax Map 85 Parcel 17B into Parcel A, containing 24.06 acres, more or less, as shown and described on a plat prepared by Roger W. Ray & Assoc. Inc., entitled"Subdivision Plat, Parcel A, Containing 24.06 acres, a Portion of Tax Map 85 Parcel 3A, the Property of Richard A. Haupt & Margaret B. Haupt, Also New 40' Private Street Easement, Located on State Route 636 (Batesville Road)," dated 6 , AA ,g31 Y (hereinafter, the "Plat"), attached hereto and recorded herewith as Exhibit A; and, WHEREAS, the access easement shown on the Plat will be a new or existing FORTY foot wide (40') non-exclusive ingress and egress easement across the Contiguous Property and to the public road, State Route 636 for the use and benefit of the Acquired Property, as shown and described on the Plat as the "NEW 40' PRIVATE STREET EASEMENT" (hereinafter, the "Street"). • Page 1 of 3 NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarants hereby impose upon the Contiguous Property and the Acquired Property, a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum FIFTEEN feet (15') wide base of gravel surface, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway 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, 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 MAINTENANCE: The owners, successors, and assigns of the Acquired Property and the Contiguous Property shall be equally responsible for the cost of the maintenance of, and or repair to the Street, for the entire length of the easement, as shown by the Plat. Any further division of Parcel A, as shown on the Plat, 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 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 reasonably 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 Page 2 of 3 delinquent Owner shall be liable to pay all costs of collection, including reasonable attorneys' fees. WITNESS the following signatures and seals: II 4 jattillk) 4.- _► (SEAL) RICHARD A. HAU T il ' i'' j w ' r (SEAL) MARG i' T B. HAUPT COMMONWEALTH OF VIRGINIA COUNTY OF X l MA�k, The foregoing instrument was acknowledged before me, a Notary Public in and for the jurisdiction aforesaid, this /5 day of G-kli 2014, by RICHARD A. HAUPT and MARGARET B. HAUPT. vic414,0,, Ai, 7)-j1\t)--4 Notary Public Registration Number: I'00/ My Commission Expires: 9-,s-,-:, Ad 1 b `\`„011111/011p„ `�o 'NDOL YN�i iiai g. i V CO 1 Expos! 09/30/20 ii. - py i ptya.. \ Page 3 of 3