HomeMy WebLinkAboutSUB201500177 Declaration 2016-01-14Prepared by Irma H. Mahone
Albemarle County Tax Map TM 89.62B
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement ") is made this day 12 of October, 2015, by Irma H. Mahone and William O.
Mahone (hereinafter, the "Declarant"), whose address is 1688 Dudley Mountain Road,
Charlottesville, VA 22903.
WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle
County Tax Map 89 Parcel 62B pursuant to the plat/deed in Deed Book 789, Page 277; and
WHEREAS, Tax Map 89 Parcel 62B will be subdivided by the Declarant into Parcels
A and Al, containing 18.15 and 2.88 acres respectively, as shown and described on a plat by
Brian Ray, L.S., Roger W. Ray & Associates, Inc. dated September 24, 2015, 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 30 -foot Private
Street Easement' providing non - exclusive ingress and egress easement (hereinafter, the
"Street") for the use and benefit of Parcels A and Al shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant hereby imposes upon Parcels A and Al a Street to be
maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 12 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. 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 of Parcels A and Al shall be equally responsible
for the cost of the maintenance of, and or repair to the Street, from State Route 706 through
Parcel Al. Any further division of Parcels A and Al 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 owners 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.
BY: Alyl�
OWNER
STATE OF VIRGINIA AT 1, ' 1
CITY COUN Y OF Olh o zs v c to -wit:
The foregoing Declaration was
acknowledged before me this day of - = �� , 2015, by William O. Mahone &
Irma H. Mahone.
No Public
My commission expires: (2pttJ4
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REGISTRATION NO. =_
187571 =
%MY COMM. EXPIRES.
0913012018
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Prepared by: Irma Mahone
Charlottesville, VA
DECLARATION
Parcel ID: TM 89.6213
THIS DECLARATION is made this 12`h day of October, 2015 by William O. Mahone and Irma H.
Mahone (the Declarant).
WITNESSETH:
WHEREAS, the Declarant is the owner of the property containing 21 acres more or less, known as
TMP (the "Property ") as shown on the plat identified as "Family Subdivision Plat, Parcel Al, containing 2.88
acres," dated 9/24/2015, made by Roger W. Ray & Assoc, Inc., a copy of which plat is attached hereto and
recorded herewith (the "Plat').
WHEREAS, the Declarant desires to record the Plat to subdivide the Property into Parcel A and Parcel
Al, the latter of which containing 2.88 acres, as more particularly shown on the Plat.
WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-
212) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be
imposed upon Parcel A and Parcel Al and the Declarant desires to impose such restrictions.
NOW THEREFORE, the Declarant agrees to and declares the following:
1. The Property is hereby subdivided into Parcel A and Parcel Al as further shown on the Plat.
2. Neither Parcel A nor Parcel Al may be transferred, except by devise, descent or operation of law, to a
person other than an eligible member of the immediate family of the Declarant, for a period of 30 years
after the date of recordation of the Plat, except for purposes of securing any purchase money and/or
construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantee
during the 30 -year retention period, it shall be recombined with the parent lot within six (6) months after
such conveyance and no building permits shall be issued for the lots until they are recombined.
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NO.
187571
09/30/2018 ;
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COMMONWEALTH OF VIRGINIA RY
CITY /fVWW- r0F ALARvVMM TO WIT;
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William O. Mahone
Seal)
Irma H. Mabene
The foregoing instrument was acknowledged before me this &' day of I Y G _� 2015.
My commission expires: .&D.4p1
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Notary Public