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Home My WebLink AboutSUB201400150 Agreements 2014-12-23 >UUb ZO 1 4 - 1a) Document Prepared by: Albemarle County TMP J.Page Williams(VSB#15920) 05400-00-00-06900 Lenhart Pettit PC 530 East Main Street Charlottesville,VA 22902 MERRYMORE PRIVATE STREET MAINTENANCE DECLARATION This PRIVATE STREET MAINTENANCE DECLARATION (the "Declaration") is made this 23rd day of December, 2014, by TARA S. SINGER(the "Declarant") WITNESSETH: WHEREAS, the Declarant is the grantee in a certain deed from George Ellinger dated June 23, 2014, recorded in the Clerk's Office of the Circuit Court for the County of Albemarle, Virginia(the "Clerk's Office) in Deed Book 4507, page 366, page 168, of a certain parcel on the east side of State Route 691, containing 5.67 acres, more or less (the "Property"), as shown on aplat attached to said deed, prepared by Roger W. Ray &Assoc., Inc., dated June 12, 2014, captioned, "Boundary and Physical Survey Plat 5.67 Acres Known as `Merrymore"; and WHEREAS,the Declarant wishes to subdivide the Property by the recordation of the attached subdivision plat, prepared by Roger W. Ray&Assoc., Inc., dated August 19, 2014, captioned, "Subdivision Nat Lot A& Lot B `Merrymore' A Division of the Property of Tara S. Singer and New 30' Private Street Easement Located on State Route 691 (Greenwood Road) About 0.2 Mile South of State Route 690 (Greenwood Station Road) White Hall Magisterial District Albemarle County, Virginia" (the "Plat") which Plat is attached hereto and recorded herewith; and WHEREAS, the Plat establishes a 30' wide non-exclusive right of way for ingress and egress shown thereon as "New 30' Private Street Easement" (the "Easement") for the use and benefit of Lot A (3.30 acres) and Lot B (2.37 acres) (each a Parcel and collectively, the "Parcels") as shown on the Plat; and WHEREAS, the Declarant desires by this Declaration to create the Easement as shown on the Plat (the "Private Street") and establish provisions for the sharing of maintenance of the Private Street between the Parcels. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant, as owner of the Parcels, hereby declares as follows: 1. ESTABLISHMENT: The Declarant, as the owner of the Parcels, does hereby create the Easement and Private Street for herself and her successors and assigns as the owners of the Parcels, said Easement,being a 30' wide non-exclusive right of way for ingress and egress and carrying of underground utilities to the Parcels from State Route 691. 2. MINIMUM STANDARD: The Private Street shall be maintained as a gravel driveway as constructed with a minimum width of twelve (12) feet, with appropriate provisions for drainage, and maintained in perpetuity to substantially the same condition it was in on the date of this Declaration or the date of the initial construction of the Private Street, whichever is the latest. The Private 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 temporary severe weather conditions. 3. MAINTENANCE: For purposes of this Declaration, "maintenance", includes the maintenance of the Private 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 travelway within the Private Street reasonably open for usage by all vehicles, including emergency vehicles, except in severe temporary weather conditions. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. 4. COST OF MAINTENANCE: The owner(s) of Lots A and B shall be equally responsible for the cost of maintenance,repair and/or replacement of that portion of the Private Street, from the entrance along State Route 691(Greenwood Road) the most western point where any portion of a driveway for Lot B leaves the Private Street as shown on the Plat. The owner(s) of Lot A shall be fully responsible for the cost of maintenance, repair and/or replacement of the balance of the Private Street. Any further division of the Parcels shall require the reassessment of cost of maintenance to be equally shared by all owners using the Private Street. 5. WHEN TO MAINTAIN: Any further construction, maintenance or repair of the jointly maintained portion of the Private Street shall be undertaken only with the mutual consent of the owners of the Parcels,provided that in the event that one of the owners determines that the jointly maintained portion of the Private 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 thirty(30) days prior written notice to the other owners using the Private Street, such owner may then commence or contract for maintenance or repair to bring the jointly maintained portion of the Private Street to the minimum standard. In such case, the charges for such maintenance and repair shall be the responsibility of the owners of both of the Parcels. Any Parcel owner who fails to pay their share shall be treated as a defaulting owner pursuant to Paragraph 7 below. 6. EXTRAORDINARY DAMAGE: Should an owner of either Parcel, or any family member, invitee, licensee, employee, agent, contractor or subcontractor of such an owner cause extraordinary damage to any portion of the Private Street area, such owner shall promptly cause the damage to be repaired at such owner's expense. Any Parcel owner who fails to repair their extraordinary damage shall be treated as a defaulting owner pursuant to Paragraph 7 below. 7. DEFAULTING OWNER(S): If any Parcel owner shall fail to pay his/her 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 2 maintenance,may after thirty(30) days written notice to the defaulting Parcel owner(s), bring an action at law against each defaulting Parcel owner in a court of competent jurisdiction in Albemarle County, Virginia and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against the Parcels of all of the said defaulting Parcel owners to secure the payment of his/her share of the maintenance or repair. The lien may enforced in the same manner as a mechanic's lien. The amount due by any delinquent Parcel owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the defaulting Parcel owner shall be liable to pay all costs of collection, including reasonable attorney's fees of the non-defaulting Parcel owner. 8. TOWING: No Parcel owner shall allow any person to block the Private Street or driveway therein and each Parcel owner hereby authorizes each other Parcel owner, to arrange for the towing or other removal (at the expense of the owner of the vehicle or other item) of any vehicle or other item violating this paragraph. 9. PRIVATE ROAD: The areas within the Private Street and the driveway within it are private. No public agency, including the Virginia Department of Transportation or the County of Albemarle, Virginia,will be responsible for maintaining any improvement identified herein. 10. BINDING EFFECT: Except as set forth herein, the obligations and benefits of this Declaration and Private Street shall run with the land and be binding upon the owners of the Parcels served thereby, and their heirs, successors and assigns as owners of the Parcels. [SIGNATURES APPEAR ON FOLLOWING PAGES] 3 WITNESS the following signature and seal: DECLARANT: ?•NOTARY•'•.,�q��% .9/ PUBLIC : REG#7124319 1 T MY COMMISSION; cc : / 6. (SEAL) n •• EXPIRES : ��5'• 1113012015 C? Tara S. Singer i'" S1LTHO e,,'* ��}`` °eoeeWe� STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, to-wit: The foregoing instrument was acknowledged before me this a 3 day of December, 2014 by Tara S. Singer, the Declarant. My commission expires: ti (3 0 /2_(9 5 Registration No.: '712 u 3 t `� Ck" Nota 4