HomeMy WebLinkAboutSUB201500213 Deed of Dedication 2016-01-18 Prepared by: John A.Dezio,Attorney(VSB#07678) TM#01600-00-00-011C0
2350 Commonwealth Drive, Suite C
Charlottesville,VA 22901
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter the
"Agreement")is made this 18th day of January,2016,by WAYNE T. STINNETTE and
MARY C. STINNETTE, sometimes incorrectly spelled Sinette, (hereinafter the"Declarant"),
whose address is P. O. Box 207,Free Union,VA 22940.
WHEREAS,the Declarants are the owners of a parcel of land known as Albemarle
County Tax Map#01600-00-00-011C0 pursuant to a deed of record in the Clerk's Office of the
Circuit Court of said County in Deed Book 888,page 242; and
WHEREAS,Tax Map#01600-00-00-011C0 will be subdivided by the Declarant into
Parcel X and New TMP 16-51,containing 3.441 and 11.215 acres,respectively,as shown and
described on a plat by Roudabush, Gale&Associates,Inc., dated November 4,2015,revised
December 21, 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 wide non-
exclusive ingress and egress easement(hereinafter the"Street")for the use and benefit of Parcel
X and New TMP 16-51 shown on the Plat.
NOW,THEREFORE,for and in consideration of the premises and the undertakings
contained herein,the Declarant hereby imposes upon Parcel X and New TMP 16-51 a Street to
be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 10 feet wide
base of gravel 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 Parcel X and New TMP 16-51 shall be
equally responsible for the cost of the maintenance of, and or repair to the Street,from Chapel
Spring Lane,to New TMP 16-51. Any further division of Parcel X and New TMP 16-51 shall
1
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 of repair. The amount due by an 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.
WITNESS the following signatures and seals:
7, 1c..4 (SEAL)
Waynennette
(SEAL)
Mary C innette
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF h' uvtai f-e ,to-wit:
The foregoing Declaration was acknowledged before me this I� " day of S h. o (
201.6,by Wayne T. Stinnette and Mary C. Stinnette.
Notary Pub \\\\\01111,00,,,
My commission expires: 3O yJ %( a(}(q \\� rS A E v,„.
My Notary ID#: 10% "),(411 o.....
C:\User,Venn Ilenderson\DesktopVAD FILES\S\Stinnette,Wayne and Mary re Street Maintenance\Declaration 2016.doc :0 S'
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Nov ,410,
Prepared by: John A.Dezio,Attorney(VSB#07678) TM#01600-00-00-011C0
2350 Commonwealth Drive, Suite C
Charlottesville,VA 22901
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter the
"Agreement")is made this 18t day of January,2016,by WAYNE T. STINNETTE and
MARY C. STINNETTE,sometimes incorrectly spelled Sinette, (hereinafter the"Declarant"),
whose address is P. O.Box 207,Free Union,VA 22940.
WHEREAS,the Declarants are the owners of a parcel of land known as Albemarle
County Tax Map#01600-00-00-011C0 pursuant to a deed of record in the Clerk's Office of the
Circuit Court of said County in Deed Book 888,page 242;and
WHEREAS,Tax Map#01600-00-00-011C0 will be subdivided by the Declarant into
Parcel X and New TMP 16-51,containing 3.441 and 11.215 acres,respectively,as shown and
described on a plat by Roudabush, Gale&Associates,Inc., dated November 4,2015,revised
December 21, 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 wide non-
exclusive ingress and egress easement(hereinafter the"Street")for the use and benefit of Parcel
X and New TMP 16-51 shown on the Plat.
NOW,THEREFORE,for and in consideration of the premises and the undertakings
contained herein,the Declarant hereby imposes upon Parcel X and New TMP 16-51 a Street to
be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 10 feet wide
base of gravel 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 Parcel X and New TMP 16-51 shall be
equallyresponsible for the cost of the maintenance of, and or repair to the Street,from Chapel
Spring Lane to New TMP 16-51. Any further division of Parcel X and New TMP 16-51 shall
1
Nee
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 of repair. The amount due by an 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.
WITNESS the following signatures and seals:
/,�1'4-'14:at— (SEAL)
Wayne . Stinnette
(, (SEAL)
Mary C innette
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ,6A bemike k ,to-wit:
The foregoing Declaration was acknowledged before me this I� day of San. o ((a
2016,. by Wayne T. Stinnette and Mary C. Stinnette.
Notary Pub
\`\\\\\\SAIEtVAI , /
My commission expires: S£1yt 3( �(�(
My Notary ID#: 10% X49 I t •�` , err
`� ,`�C.��pNWfq•
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MY COMM.EXPIRES;
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