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Home My WebLink AboutSUB201400179 Review CommentsReview Comments Project Name: Wellington Estates LLC - Final Final Pint Date Completed: ITuesday, January 06, 2015 Re' levver: Christopher Perez Department+Divi9ionl.Agency: �CD Reviews Comments: From: Christopher Perez Sent: Tuesday, January 06, 2015 11:48 AM To: 'Gwen Lacy' Cc: Ro-ger _ Ray &Associates Inc_ -, 'Greg Wells' Subject: Wellington Estates, LLC (SUB1014 -179) Gwen, I have completed my review of the Wellington Estates, LLC [SUB1014 -179 '1. it is ready for approval. Please provide signed notarized copies of the plat for approval- Once approved the plat } +;ill need to be recorded with the private street maintenance agreement in the Clerk's office. IThanks Christopher P_ Perez I Senior Planner Department of Community Development lCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA22902 434_296.5832 et_ 3443 Review Status: I No Objection I - Page: 1 County of Albemarle On: 141l5i2015 Review of Private Improvement Maintenance Instrument (Albemarle County Code 5 14 -317) TCI; pffe Z RE: SUB J01 4 1r) aLAJPd I OA5 LLC- W The in/rumen t required by Albemarle County Code § 14 -317 for this subdivision: mal ft'bmlly ppawecf w i CDrree-t76n o lie 5 hie -&RrC �loc1� is�pproved. _ is not approved because it fails to satisfy one or more of the following requirements (number references are to Albemarle County Code § 14- 317(A)): 1. ✓fdentify the plat to which the instrument applies; if the plat has been recorded, the identification shall iinclude a deed book and page number. 2. ✓State that the improvement will be maintained in perpetuity. 3. vState that the unprovement will be maintained to a standard that, at a minimum, ensures that it will remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14 -436; for a private street, shared driveway, or alley, the instrument also shall state substantially as follows: "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." 4. ve the instrument pertains to the maintenance of one or more private streets, alleys or shared driveways, it shall define "maintenance" by stating substantially as follows: "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." 5. v6escribe the condition of the improvement when it was approved by the county if the improvement was installed prior to the agent sighing the plat or the condition it is to be in when the surety was released as provided in section 14 -436. 6. ✓Identify the tuning or conditions warranting maintenance of the improvement. 7. State a means to collect funds necessary for the cost of maintaining the immprovement; at a minunum, the means stated shall include the right of any landowner subject to the instrument to record alien against a non- contributing landowner, to bring an action at law to collect the funds, or both. 8. ✓Describe how maintenance costs will be prorated among the landowners subject to the instrument (e. ,g., "equally," or on a percentage basis); if any lot within the subdivision may be further divided, the instrument shall also describe how maintenance costs will be prorated among the landowners after division. 9. .Mate substantially as follows: "No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any iir►provement identified herein." Date:^ Gr g,C tyre De un Att ney ccr�j DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement ") is made this day 5th of October, 2014, by Wellington Estates, LLC (hereinafter, the "Declarant "), whose address is 12 Landslide Court, Palmyra, Virginia 22963. WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Tax Map 94 Parcel 21N pursuant to the plat /deed in Deed Book 4423, Page 567; and WHEREAS, Tax Map 94 Parcel 21N will be subdivided by the Declarant into Lots Al and A2, containing 24.00 and 23.10 acres respectively, as shown and described on a plat by Roger W. Ray and Associates, Inc., dated October 31, 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 will be a new or existing 30 foot non- exclusive ingress and egress easement (hereinafter, the "Street ") for the use and benefit of Lots Al and A2 shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lots Al and A2 a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum of 10 foot wide with a base of gravel, 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, and the prompt removal of snow, water, debris, and 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 of Lots Al and A2 shall be equally responsible for the cost of the maintenance of, and or repair to the Street, from State Route 794/01d Three Chopt Road to Lot A2. Any further division of Lots Al and A2 shall require the reassessment of cost 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 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, and 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. In WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. tA)eU -Jn)C TW� t-='*'S T�TE!� LL G BY:A��', �1,ea-. GWN** 6reyo r:� �.. W eil5, I \ %Ylem bey' STATE OF VIRGINIA AT LARGE ITY OUNTY OF (',r t , to -wit: The foregoing Declaration was Acknowledged before me this day of 2014, by OWNER. otary Public My commission expires: (I `3011-20 I LC STACEYANN KENDRICK Notary Public Commonwealth of Virginia 7219715 My Commission Expires Sep 30, 2016