HomeMy WebLinkAboutSUB201400076 Other 2015-08-14 (3) This document was prepared by:
Brian S. Johnson,Esq. VSB#74484
Law Offices of Brian S.Johnson PLLC
820 East High Street, Suite A
Charlottesville, Virginia 22902
Tax Map and Parcel Number: 04500-00-00-11000
04500-00-00-110A0
04500-00-00-11100
04500-00-00-111BO
DECLARATION
This PRIVATE STREET MAINTENNANCE AGREEMENT (hereinafter, the "Agreement") is
made this /S day of Juke, 20 5' .1 V ENDELL W. WOOD, TRUSTEE OF FIRST GOLD
LEAF LAND TRUST (Declarant').
WHEREAS, Declarant is the owner of that certain real property ("Property") located in
Albemarle County, Virginia, more particularly identified in the County of Albemarle, Virginia
Tax map 45, Parcels 110, 110A , 111, and 111B subdivided into Lots A (4.963 acres), B (1.137
acres), C (3.816 acres) and New Tax Map 45-110 (5.110 acres), (the "Lots and the
Subdivision"), as shown and described on a plat prepared by Lincoln Surveying, dated April 30,
2014 and last revised January 7, 2015, (the "Plat"), recorded on , 2015 in the
Clerk's Office of the Circuit Court of the County of Albemarle in Deed Book , Page ; and
WHEREAS, the Subdivision was approved by the County of Albemarle, Virginia ("the
County") to have one or more private streets within the Subdivision as authorized by Albemarle
County Code § 14-233(b)(1), including the private roadway labeled on the Plat as "Gander
Drive" (the "Street"); and
WHEREAS, Albemarle County Code § 14-317 requires that the Declarant assure the perpetual
maintenance of the Street; and
WHEREAS, the Declarant desires to assure the perpetual maintenance of the Street and to
impose obligations upon the owners of the Lots and their successors and assigns (each an
"Owner"and collectively, the "Owners") to assure its appropriate maintenance.
NOW, THEREFORE, the Declarant declares the following:
1. Minimum standards to which the Street will be maintained in perpetuity. The Street shall
be maintained with adequate width and horizontal and vertical alignment as required by
Albemarle County Code § 14-412(b), together with a minimum of eight (8) inch 21-A sub base
course; three (3) inch BM-25 Base Course; and two (2) inch SM-9.5 asphalt surface course, and
maintained in perpetuity to substantially the same condition it was in when initially 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; provided, however, that the Street shall not be required to meet the standards for
acceptance into the secondary system of state highways for the State of Virginia to the extent that
such standards may exceed the requirements established by § 14-412(b) of the Albemarle County
Code.
2. Maintenance defined. For purposes of this Declaration, "maintenance" includes the
maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities,
utilities, all street trees and landscaping located within the Landscape Easements as shown on the
Plat, 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 for all vehicles, including emergency service vehicles. The term to "maintain," or any
derivation of that verb, includes the maintenance, replacement, reconstruction and correction of
defects or damage.
3. Cost of maintenance. The Declarant shall be responsible for the cost of the maintenance
of the Street based upon the square footage linear feet of roadway on aof the parcel owned by an
individual Declarant divided by the aggregate linear feetsquare footage of the Street across the
entirety ofall parcels that comprise the Property.
4. When to maintain. After the initial construction of the Street, any maintenance of the
Street shall be undertaken only by Declarant for so long as Declarant owns any portion of the
Lots,provided that:
A. In the event that the Owner (or a majority of the Owners in the event that there is
more than one Owner) 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 that Owner gives sixty (60) days prior written notice to Declarant, that Owner may
commence or contract for maintenance or repair to bring the Street to the minimum standard
identified in Section 1 and the charges therefore shall be the responsibility of all Owners using
the Street;
B. In the event that any Owner or its agents, contractors or subcontractors operates
heavy equipment over or otherwise causes damage to the Street or any related improvements,
that Owner shall promptly repair the damage at its sole cost.
C. The prompt removal of snow, water, debris, or any other obstruction so as to keep the
private street or alley reasonably open for usage for all vehicles, including emergency service
vehicles, is an ongoing financial obligation of all of the Owners and for which mutual consent is
hereby deemed to be given to Declarant.
5. Defaulting Owner(s). If any Owner fails to pay its proportionate share of the costs of
maintenance for which it is responsible as provided herein, Declarant, or any other Owner not in
default, may after thirty (30) days written notice to the defaulting Owner bring an action against
each defaulting 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 defaulting
Owners to secure the payment of the assessment of an Owner failing to pay its proportionate
share of the maintenance costs. A Notice of Lien may be bonded off as provided in Virginia
Code § 43-70 et seq. 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.
6. Public agencies not responsible for maintenance. No public agency, including the
Virginia Department of Transportation and the County of Albemarle, Virginia, will be
responsible for maintaining any improvement identified herein.
7. Perpetual covenants that run with the land. The obligations and benefits of this
Declaration are covenants that shall run with the land in perpetuity and shall be binding upon the
Owners and their heirs, successors and assigns.
[Signatures on the following pages.]
Itiov *NO
WITNESS the following signatures.
DECLARANT: FIRST GOLD LEAF LAND TRUST
By: ./ _41 AA
W-ndell W. Wood, Trustee
COMMONWEALTH 0,F XIRGINIA
CITY/COUNTY OF Q
The foregoing instrument was acknowledged before me this t`s 'day of June, 2015 by
Wendell W. Wood, as the Trustee of First Gold Leaf , and Trust.
No . y Public
My Commission Expires: c)
Registration number: t C'ca`� t