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Home My WebLink AboutSUB201600147 Agreements 2016-12-15Prepared by Peak Builders, LLC 2180 Owensville Road Charlottesville, VA 22901 Albemarle County Tax Map 07100-00-00-034C4 DECLARATION This PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this 17th day of November, 2016, by Peak Builders, LLC (hereinafter, the "Declarant"), whose address is 2180 Owensville Road, Charlottesville, Virginia 22901. WHEREAS, the Declarant(s) is/are the owner(s) of a parcel of land known as Tract 4, pursuant to the deed in Deed Book 4782 Page 173 and the plat in Deed Book 4751 Pages 321 & 322. WHEREAS, said Tract 4 will be subdivided by the Declarant into Tract 4A, containing 6.55 acres, and Tract 4B, containing 6.56 acres respectively, as shown and described on a plat by Roger W. Ray & Assoc., Inc., last dated November 17, 2016, 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' wide non- exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of Tract 4A and Tract 4B shown on the Plat. NOW, THEREFORE, and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Tract 4A and Tract 413 a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum 10 foot 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 owner(s) of Tract 4A and Tract 413 shall be equally responsible for the cost of, the maintenance of, and or repair to the Street, from State Route 824 to the end of the Private Street Easement as shown on the Plat. Any farther division of Tract 4A or Tract 413 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. IN WITNESS WHEREOF, the Declarant has cau d this Declaration to be executed on its behalf by its duly authorized agent. !,71 , 7� 131A thew F. Gruber, Ma Peak Builders, LLC STATE OF T VIRGINIA,,AT LAR E .G OUNTY OF Alt MA E , to -wit: The foregoing Declaration was acknowledged before me this L4;'� _ day of ZgeA/LEt- , 2016, by Matthew F. Gruber as Manager for Peak Builders, LLC. `►�►1111rrrrrflt��f�� ilii .. ' ' o Public # R6GlS�ppRON No ;'s tar}' re,b�r _ My commission expires: _9'-,�a%g 991UR Jg�RFS: pyo `...........: ARTICLES OF ORGANIZATION or PEAK '.IMILDERS . LLC 1. The name of the limited liability company shall be peak Builders. LLC. 2. The post office :address of the initial_ registered office shall be 414 park Street. char IottesiIl.e. Virginia 22902, located in the City of Charlottesville. virginia. The name of the initial registered agent at that office shall be Richard F. Carter, a resident at the Commonwealth of Virginia and a member of the Virginia State Har. whose business office is identical with the registered office_ 3. The pont office address of the principal office of the limited liability company is 2180 Qwensuille Road, Charlottesville, VA 22901. 4. The latest date on which this limited liability company is to be dissolved and its affairs wound up will be December 31. 2057. IN WITNESS WHEREOF, this instrument is executed on April 17 2007 for Peak Builders, LLC. by Richard E. Carter _ Ridhiird E. C5-rtel-, organizer ME i EMiP ROSS Ot PEAK StRLDM LIG F0II0 %n& are a membef names, &Ljdre:;$e,5, and ownerWip ivreresq- .sot all of the er of Builders, LLC: P"aV F Graber 218D OMMWIle Road Chadme$Vtle, �Fw6j27_901_ f: .;C ,.:. IKIJ } 100% he u ersgned hereby mrtifi that this is a tri end ac��e re pmse �i�r t�# �� 0 the ��embe�p in 5#s o:� k Builders, LLC. CDIfison F. Royer, Et. ) .Scott Kimmr, PLC 418 E. W St. charh eswue, vorenr'a 22902 Date; „» �_ ,A.Kris C. CM11pi V%b M:SSQER CfmWSrtOS' m G '11,10"N EALT W o f '"r .. _ ., STATE CORPOR4T(4N COMMISSION' ice of tne ciaf. i_i:.ISCN F ROVER CSO SCOTT KRONER PLS 418 F IJV rER ST CHARLOTTESMUIE, VA 22902 : Peak SuRde m. LLC !AD: S220ix7- 5 DCN: 09-11-04-1041 DOar CASW Mr. -*} - rt. FSCK ulMK w F T!Z CWmww:V =.tti. FAX i�fjF Novemt)er ti, 20(),q Thts �.- your ockno+leadgerne rA for filing a Watement of change of re;g€stere , ce andior mg1stered agent for a OmiWd liabiriy compwy Aith this office. The effective date of the cherige is, Navwnbar 5. 21-149. Thank you for casting our oiiim. i; you have ony quee0 a, plea.." =ii (804) 371 -g?rc, or toi;--free in Virginia, (866) 7221-2661. REC EEiPTLC LLRA CIS0339 shmmty, rl H. Peck Gie�rk of the Co�n�� on 10 omeap fel M4731; ac ( e) Tm-nr. #tua-hae Jr, Virglaimp. tx vir pini t�esvls€k