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HomeMy WebLinkAboutSUB201600215 Review Comments 2017-01-26COUNTY OF ALBEMARLE IU 10IU [17.7_101111u I TO: Will Cockrell, On -Call Planner FROM: John C. Blair, H, Deputy County Attorney DATE: January 26, 2017 RE: SUB2016-00215 The substance of the road maintenance agreement for the above -referenced subdivision plat is legally sufficient. However, there is a discrepancy between the agreement, the title of the plat, and what is displayed on the plat. The agreement and the plat's title reference parcels "IA" and "1B". However, on the plat itself, the parcels are labeled "Lot A" and "Lot B". For consistency's sake, the plat itself should use the descriptors "Lot IA" and "Lot 1B" to match the plat's title and the agreement. �oF uilLoo!"1111aPe COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-3088 Fax(434)972-4126 Date: December 22, 2016 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB2016-00215 Date Submitted: 12/9/16 John: Attached is a Road Maintenance Agreement for the project referenced above for review and approval. Let me know if you have any questions or need anything else. Thank you, Will Cockrell Community Development On-Call Planner PREPARED BY: PARCEL IDENTIFICATION NUMBER 07100-00-00-034E0 John F. Loehr, Esquire 105 East High Street Charlottesville, VA 22902 THIS ROAD MAINTENANCE AGREEMENT is made this day of December, 2016, by Bryan K. Heilman and Scottye E. Heilman, Declarants and Owners ("OWNERS") of "Parcel 1A" and "Parcel 1 B" as shown on the plat entitled "SUBDIVISION PLAT PARCEL 1A & PARCEL 1B A DIVISION OF T.M. 71-34E THE PROPERTY OF BRYAN K. HEILMAN AND SCOTTYE E. HEILMAN AND NEW 30' PRIVATE STREET EASEMENT LOCATED ON STATE ROUTE 689 (BURCHS CREEK ROAD) SAMUEL MILLER MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" prepared by Roger W. Ray & Assoc., Inc. and dated November 2, 2016, and recorded concurrently herewith. WITNESSETH: NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, the Owners agree and declare as follows: 1. The access easement as shown on the aforementioned plat noted as "NEW 30' PRIVATE STREET EASEMENT" across "PARCEL 1A" is a non exclusive easement for ingress and egress for the use and benefit of both Parcel 1A and Parcel 1B and the invitees of both. 2. The road to be constructed within the easement shall be subject to the following provisions: a. The Owner hereby creates a non exclusive right of way for pedestrian, equine, and motor vehicle access and underground utilities to and from State Route 689 over Parcel 1A and to and from Parcel 1B within the easement as shown on the above referenced plat. b. The minimum standard for the road to be built within the easement shall be a 20' gravel surface roadway and shall be constructed in accordance with applicable standards and as approved by the County of Albemarle, and in accordance with existing industry and trade practices. The road shall be maintained in perpetuity in substantially the same condition as when approved. The roadway 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. c. The cost of repairs, maintenance and snow removal for the road shall be borne equally between the owners of Parcel 1A and Parcel 1 B. For purposes of this declaration maintenance and repair shall include maintenance of all improvements constituting the road, including any curb, gutter, culvert, or drainage facility, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction necessary to the reasonably open and passable usage of the road by all vehicles, including emergency services vehicles, excepting in severe temporary weather conditions. d. After initial construction of the road, any further maintenance or repair shall be undertaken with the mutual consent of the owners of Parcel 1A and Parcel 1B; provided, however, in the event that one of the owners determines that the road is not reasonably open for passage by automobiles, after 30 days written notice to all other owners using the road, such owner may effect repairs as necessary to bring the road to the minimum acceptable standard and the expense therefore shall be equally shared by all owners using the road. e. If any owner of Parcel 1A or Parcel 1B, or any other owner who enjoys the right to use the easement fails or refuses to pay his or her share of the maintenance, repair, or snow removal costs, then the owner not in default may after 30 days written notice bring an action at law against the defaulting parcel owner in a court of competent jurisdiction and may record in the appropriate clerk's office a Notice of Lien against the defaulting parcel owner for said lot's share of the cost of maintenance or repairs. Any lien filed pursuant to this section may be bonded off in accordance with Va. Code § 43-70 et seq. or other applicable law. f. If any owner (or any social or business invitees or contractors of any owner) of Parcel 1A or Parcel 1B causes extraordinary damage to the road, such owner shall promptly and at his sole expense cause the damage to be repaired. g. The easement and road referenced herein are private and no part of the cost of construction, upkeep, maintenance, repair, or replacement are the responsibility of or shall be borne by the any public agency, including but not limited to the County of Albemarle, the Virginia Department of Transportation, the Commonwealth of Virginia or its subdivisions. h. Except as otherwise noted herein, the obligations and benefits of this declaration shall run with the land and be binding upon the owners of the lots served hereby, their successors and assigns. WITNESS Owners' hands this the day of December, 2016. Bryan K. Heilman Scottye E. Heilman STATE OF VIRGINIA COUNTY OF ALBEMARLE This instrument was acknowledged before me on the day of December, 2016, by Bryan K. Heilman and Scottye E. Heilman. John F. Loehr Notary Public #318592 My Commission Expires march 31, 2018 Checklist for Maintenance Agreements File # SUt3 016 OO al S Project Name: �Gn K Sco qc ' . I-64l•r,con 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: 0 (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. Ei (2) State that the improvement will be maintained in perpetuity. O (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 ' rbatim: "The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all 4 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." Ig (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. til (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. Y (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 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 PREPARED BY: PARCEL IDENTIFICATION NUMBER 07' -00-00-034E0 John F. Loehr, Esquire 105 East High Street Charlottesville, VA 22902 THIS ROAD MAINTENANCE AGREEMENT is made this day of December, 2016, by Bryan K. Heilman and Scottye E. Heilman, Declarants and Owners ("OWNERS") of "Parcel 1A" and "Parcel 1 B" as shown on the plat entitled "SUBDIVISION PLAT PARCEL 1A & PARCEL 1B A DIVISION OF T.M. 71-34E THE PROPERTY OF BRYAN K. HEILMAN AND SCOTTYE E. HEILMAN AND NEW 30' PRIVATE STREET EASEMENT LOCATED ON STATE ROUTE 689 (BURCHS CREEK ROAD) SAMUEL MILLER MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" prepared by Roger W. Ray & Assoc., Inc. and dated November 2, 2016, and recorded concurrently herewith. WITNESSETH: NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, the Owners agree and declare as follows: 1. The access easement as shown on the aforementioned plat noted as "NEW 30' PRIVATE STREET EASEMENT" across "PARCEL 1A" is a non exclusive easement for ingress and egress for the use and benefit of both Parcel 1A and Parcel 1 B and the invitees of both. 2. The road to be constructed within the easement shall be subject to the following provisions: a. The Owner hereby creates a non exclusive right of way for pedestrian, Czg ci equine, and motor vehicle access and underground utilities to and from State Route 671 .ver Parcel 1B and to and from Parcel 1A within the easement as shown on the above referenced plat. b. The minimum standard for the road to be built within the easement shall be a 20' gravel surface roadway and shall be constructed in accordance with applicable standards and as approved by the County of Albemarle, and in accordance with existing industry and trade practices. The road shall be maintained in perpetuity in substantially the same condition as when approved. c. The cost of repairs, maintenance and snow removal for the road shall be borne equally between the owners of Parcel 1A and Parcel 1B. For purposes of this declaration maintenance and repair shall include maintenance of all improvements constituting the road, including any curb, gutter, culvert, or drainage facility necessary to the reasonably open and passable usage of the road by passenger automobiles, excepting in severe temporary weather conditions. d. After initial construction of the road, any further maintenance or repair shall be undertaken with the mutual consent of of the owners of Parcel 1A and Parcel 1B; provided, however, in the event that one of the owners determines that the road is not reasonably open for passage by automobiles, after 30 days written notice to all other owners using the road, such owner may effect repairs as necessary to bring the road to the minimum acceptable standard and the expense therefore shall be equally shared by all owners using the road. e. If any owner of Parcel 1A or Parcel 1B, or any other owner who enjoys the right to use the easement fails or refuses to pay his or her share of the maintenance, repair, or snow removal costs, then the owner not in default may after 30 days written notice bring an action at law against the defaulting parcel owner in a court of competent jurisdiction and may record in the appropriate clerk's office a Notice of Lien against the defaulting parcel owner for said lot's share of the cost of maintenance or repairs. Any lien filed pursuant to this section may be bonded off in accordance with Va. Code § 43-70 et seq. or other applicable law. f. If any owner (or any social or business invitees or contractors of any owner) of Parcel 1A or Parcel 1B causes extraordinary damage to the road, such owner shall promptly and at his sole expense cause the damage to be repaired. g. The easement and road referenced herein are private and no part of the cost of construction, upkeep, maintenance, repair, or replacement are the responsibility of or shall be borne by the any public agency, the County of Albemarle, the Commonwealth of Virginia or its subdivisions. h. Except as otherwise noted herein, the obligations and benefits of this declaration shall run with the land and be binding upon the owners of the lots served hereby, their successors and assigns. WITNESS Owners' hands this the day of December, 2016. Bryan K. Heilman Scottye E. Heilman STATE OF VIRGINIA COUNTY OF ALBEMARLE This instrument was acknowledged before me on the day of December, 2016, by Bryan K. Heilman and Scottye E. Heilman. John F. Loehr Notary Public #318592 My Commission Expires march 31, 2018