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Home My WebLink AboutSUB201400144 Agreements Prepared by Thaddeus R. Lyman, Esq., VSB No. 68387, (434) 295-7788 Albemarle County Tax Map 12800-00-006400 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter, the "Agreement") is made this 1st day of October, 2014, by PATRICIA L. MINOR, formerly PATRICIA L. GRAY, and LAQUANTA NICOLE SCRUGGS (hereinafter, the "Declarants"), whose address is 7830 Porters Road, Esmont, Virginia 22937. WHEREAS, the Declarant(s) are the owners of a parcel of land known as Albemarle County Tax Map 12800-00-006400, and more particularly described as all that certain piece of land, with all improvements thereon and appurtenances thereto, lying and situate about one mile south of Esmont in Albemarle County, Virginia, formerly or presently adjoining the lands of Martha Smith, Joe Randolph, Henry Thomas, and others, containing Four and one-half acres, more or less. Being the same property conveyed to Jerome L. Gray, by deed of gift from Sophie Scott, widow, dated April 4, 1996, recorded April 4, 1996, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1528, page 640. Jerome L. Grey died, intestate, on November 12, 2011, and by operation of law his interest in the insured property vested in his wife and sole heir, Patricia Gray. Patricia Gray remarried and is now known as Patricia L. Minor. By deed of gift dated July 20, 2014, and recorded July 25, 2014, in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 4517, page 266, Patricia L. Minor conveyed her interest in all that certain piece or parcel of land, with all improvements thereon and appurtenances thereto lying on the North side of State Route 725 in Albemarle County, Virginia, a Portion of Tax Map 128, Parcel 64, containing 2.031 acres, and being more particularly described as follows: Beginning at a point in the centerline of State Route 725,thence north 47 degrees 37 minutes 49 seconds west a distance of 15.00 feet to an iron found; thence along the same line north 47 degrees, 37 minutes 49 seconds west a distance of 703.86 feet to an iron found; thence north 48 degrees 22 minutes 28 seconds east a distance of 100.00 feet to an iron set; thence south 55 degrees 51 minutes 15 seconds east a distance of 216.75 feet to an iron found; thence along the same line south 47 degrees 37 minutes 49 seconds east 15.00 feet to the centerline of State Route 725; thence south 34 degrees 37 minutes 42 seconds west a distance of 131.66 feet to the point of Beginning to Laquanta Nicole Scruggs. WHEREAS, Tax Map 12800-00-006400 will be subdivided by the Declarant(s) into Lot 1 and Residue of TMP 128-64 containing 2.031 and 2.025 acres respectively, as shown and described on a plat by Kristopher C. Winters, C.L.S., dated August 11, 2014, 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 as "Proposed 15' Private Street" will be a new fifteen (15) foot non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of Lot 1 shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein,the Declarants hereby impose upon the lots described on the Plat as Lot 1 and Residue of TMP 128-64 a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum 15 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 of Albemarle. 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 owner(s) of Lot 1 and Residue of TMP 128-64 shall be equally responsible for the cost of the maintenance of, and/or repair to the Street, from the point at which the Street adjoins or abuts Porters Road to a termination point of the Street at the boundary line of Lot 1 and Residue of TMP 128-64. Any further division of Lot 1 and Residue of TMP 128-64 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 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. The provisions set forth above shall run with the land and shall be binding upon any and all parties who have, or shall acquire any right, title or interest in all or any part of the said Lots and shall inure to the benefit of each Owner thereof. WITNESS the following signatures and seals. /,i .,,--1 /97 4 r r. -v..AZ92, PATRICIA LIB OR, formerly PATRICIA L. GRAY f ��!A j A ANTA NICOLE SCRU 41 . STATE OF VIRGINIA, AT LARGE C-I /COUNTY OF /Aar,;?, / , to-wit: The forego s.g.Ddel�tra$} '�on was acknowledged before me this day of (i7?�o '_k7E, 2014, by FAAV i, ,1NOR, formerly PATRICIA L. GRAY. �P.�PFtY PVe...6S'� 2 9 `7•~p••z MY n. COMMISSION �)• NUMBER Q • Y/�l�a- C �� • 7255832 0= Notary Public My comm• l'selp ��C irws:�oi/�d-.'o 2 0f7 STATE OF VIRGINIA AT LARGE C-4-T-Y/COUNTY OF , /b✓, (I , to-wit: The foreitliwol4e4jaration was acknowledged before me this,f)c' day of:_,,,,z_b_V: � ,2014,b•1,,1�i All NICOLE SCRUGGS. 4 a i.z' MY �n��* 1_ 1 COMMISSION : / Af ',! / /G• Z-t'� NUMBER J$ °�'•, 7255832 ;2: ,/ Notary Public My by fission c4 A/.''j ZUf7 4LTH Ok we