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HomeMy WebLinkAboutSUB201600227 Other 2017-01-19 Albemarle County Tax Map 62 Parcel 88D DECLARATION The PRIVATE DRIVEWAY MAINTENANCE AGREEMENT(hereinafter,the "Agreement") is made this day 26th of December 2016, by Lindsey Munson and James H. Munson whose address is 1440 Villaverde Lane, Charlottesville,VA 22902. WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle County Tax Map 62- Parcel 88D pursuant to the plat/deed in Deed Book 355, Page 217; and WHEREAS, Tax Map 62 -Parcel 88D will be subdivided by the Declarants into Lots A and B, containing 2.0 and 3.08 acres respectively, as shown and described on a plat by Roger W. Ray and Associates, dated November 15,2016, 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 foot non- exclusive ingress and egress easement(hereinafter,the"Driveway") for the use and benefit of Lots A and B shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes upon Lots A and B a Driveway to be maintained as follows: MINIMUM STANDARD: The Driveway shall be maintained with a minimum 9 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,driveways 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 driveway 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 Lots A and B shall be equally responsible for the cost of the maintenance of, and or repair to the Driveway from Rocky Hollow Road to the lot line of Lot A. Any further division of Lots A and B 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: Any 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 Driveway 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 Driveway, such owner may commence or contract for maintenance or repair to bring the Driveway to the minimum standard and the charges therefore shall be the responsibility of all owners using the Driveway. 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 caused this Declaration to be executed on its behalf by its duly authorized agent. II • unso A James H. Munson STATE OF VIRGINIA AT LARGE EI PI1COUNTY OF (1 teivipc ,to-wit: The foregoing Declaration was acknowledged before me this /9 day of ��,Joill , 20lr, by Lindsey Munson and James H. Munson. \41 \,�`�""""/►I,,,/// of ry Public `���� A``........v. ..q My commission expires: 9-3 D 02.01 ;REGISTRATION NO:: ;MY COMM.EX 09/30/2018 RES: 2. • t'IRG1�1\• \c PUO�;,\\ ` Albemarle County Tax Map 62 Parcel 88D DECLARATION The PRIVATE DRIVEWAY MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day 26th of December 2016,by Lindsey Munson and James H. Munson whose address is 1440 Villaverde Lane, Charlottesville,VA 22902. WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle County Tax Map 62- Parcel 88D pursuant to the plat/deed in Deed Book 355, Page 217; and WHEREAS, Tax Map 62 - Parcel 88D will be subdivided by the Declarants into Lots A and B, containing 2.0 and 3.08 acres respectively, as shown and described on a plat by Roger W. Ray and Associates, dated November 15, 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 foot non- exclusive ingress and egress easement (hereinafter, the "Driveway") for the use and benefit of Lots A and B shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lots A and B a Driveway to be maintained as follows: MINIMUM STANDARD: The Driveway shall be maintained with a minimum 9 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, driveways or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, darns,bridges and other private street improvements, and the prompt removal of snow, water, debris,or any other obstruction so as to keep the private driveway 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 Lots A and B shall be equally responsible for the cost of the maintenance of, and or repair to the Driveway from Rocky Hollow Road to the lot line of Lot A. Any further division of Lots A and B 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: Any 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 Driveway 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 Driveway, such owner may commence or contract for maintenance or repair to bring the Driveway to the minimum standard and the charges therefore shall be the responsibility of all owners using the Driveway. 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 caused this Declaration to be executed on its behalf by its duly authorized agent. BY: Lindsey Munson James H. Munson STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to-wit: The foregoing Declaration was acknowledged before me this day of , 2016, by Lindsey Munson and James H. Munson. Notary Public My commission expires: a fT • Checklist for Maintenance Agreements . ®� File # c _1 0 0 ; Project Name: $ t s.Ovk - 14-317 Instrument evidencing maintenance of certain improvements. If the subdivision will contain one(1) or more improvements that are not to be maintained by the county or any authority or other public agency,the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement, as follows: A. The instrument shall, at a minimum contain: (1) Identify the plat to which the instrument applies; if the plat has been recorded,the identification shall include a deed book and page number. (2) State that the improvement will be maintained in perpetuity. (3) State that the improvement will be maintained to a standard that, at'a minimum, assures that it will remain in substantially the condition it was in when approved by the county; for a private street, shared driveway, or alley,the instrument also shall state verbatim: "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." (4)If the instrument pertains to the maintenance of one or more private streets, alleys or shared driveways, it shall define"maintenance"by stating verbatim: "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." (5)Describe the condition of the improvement when it was approved by the county. (6) Identify the timing or conditions warranting maintenance of the improvement. (7) State a means to collect funds necessary for the cost of maintaining the improvement; at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien against a non-contributing landowner,to bring an action at law to collect the funds, or both. (8)Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g., "equally,"or on a percentage basis); if any lot within the subdivision may be further divided,the instrument shall also describe how maintenance costs will be prorated among the landowners after ia/ division. (9) State verbatim: "No public agency, including the Virginia Department of Transportation and the County of Albemarle,Virginia, will be responsible for maintaining any improvement identified herein." B. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the instrument be on a form prepared by the county attorney. C.For purposes of this section,the term "to maintain," or any derivation of that verb,includes the maintenance, replacement,reconstruction and correction of defects or damage. D.Nothing in this section shall affect the rights of the county reserved under section 14-440. 1 Albemarle County Tax Map 62 Parcel 88D Drq- DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day 26th of December 2016,by Lindsey Munson and James H. Munson whose address is 1440 Villaverde Lane, Charlottesville,VA 22902. WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle County Tax Map 62- Parcel 88D pursuant to the plat/deed in Deed Book 355, Page 217; and WHEREAS, Tax Map 62 -Parcel 88D will be subdivided by the Declarants into Lots A and B, containing 2.0 and 3.08 acres respectively, as shown and described on a plat by Roger W. Ray and Associates, dated November 15, 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 -w-Of-e-xistig 30 foot non-exclusive ingress and egress easement(hereinafter, the "Street") for the use an. benefit of Lots A and B shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lots A and B a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained in perpetuity to substantially the same condition it was in when approved by the County. The traveiway shall at all CDtimes 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 Lots A and B shall be equally responsible g for the cost of the maintenance of, and or repair to the Street, from Rocky Hollow Road to the lot line of Lot A. Any further division of Lots A and B 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 'iiiiiio NS 0 Albemarle,Virginia,will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: Any construction, maintenance or repair shall be (.0., 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 C]) 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 caused this Declaration to be executed on its behalf by its duly authorized agent. BY: Lindsey Munson James H. Munson STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to-wit: The foregoing Declaration was acknowledged before me this day of , 2016, by Lindsey H. Munson and James H. Munson. Notary Public My commission expires: