HomeMy WebLinkAboutSUB201600128 Easements 2017-01-09 sid
k '-. c,
Prepared by: Tucker Griffin Barnes P.C. 21 SCO ���
William D. Tucker, III,VSB# 12360 'tUj- 45' .
307 West Rio Rdge-
Charlottesville, VA 22901 t-I-- 15 a- 5eo on `
434-973-7474 /
Title Insurance Underwriter unknown to the preparer.
Albemarle County Tax Map: 02000-00-00-014500
DECLARATION OF ROAD MAINTENANCE
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter, the
"Agreement") is made this day 9t''lof OAVItey, 20/1, by PHILIP N.
ANDERSON and JANET E.ANDERSON, husband and wife (hereinafter collectively,
the "Declarant"), whose address is 4800 Mahonia Drive, Charlottesville, Virginia 22911.
WHEREAS, the Declarant(s)is/are the owner(s) of a parcel of land known as
Albemarle County Tax Map 20 Parcel 145 pursuant to deed dated September 19, 2014,
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, on
October 10, 2014, in Deed Book 4544, Page 619; and, 4'7,t�d�'4 ine''
WHEREAS, Tax Map 20 Parcel 145 will be subdividesl.by the Declarant into
"New Lot 60A"containing 5.294 acres, and"Revised L-4-60", containing 7.411 acres, as
shown and described on a plat, ted
by Dominion Engineering, entitled
"Subdivision Plat Tax Map 20 Parcel 145 Lot 60, North Pines, Sec. Three White Hall
District, Albemarle County, VA"a copy of which is attached hereto and made a part of
this Agreement(hereinafter, the "Plat"); and,
te
WHEREAS, the access easement shown on the Plat "New Private Acc-
g� y
Easement"will be a new or existin rt -five feet(35 )wide n
non-exclusive ingress and
egress easement(hereinafter, t" for the use and benefit of New Lot 60A shown
on the Plat; and,
d At
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon New Lot 60A and
Revised Lot 60 a Street,to be maintained as follows:
\V
E � �, lof4
&sus) 7
1
__.,...4.,isckeIl k'-tv--2X--
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 •' ipstrument, `maintenance', includes the
maintenance of the private streets or I C0/„ ,-C: „,, C� 1-'441)(1-4'mos,:curbs'and gutters, drainage—
facilities, utilities, dams, bridges and other private street improvements, and the prompt
removal oJf snow, water, debris,tree removals, or any other obstruction so as to keep the
p va 1 -4-4111y 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. In
addition,the owner of New Lot 60A shall be responsible for the removal of any trees or
debris which may fall from either Revised Lot 60 or New Lot 60A on the Street and any
extensions of the driveway serving the New Lot 60A. It is understood that any such
maintenance or repair shall never be the responsibility of the owners of Revised Lot 60.
COST OF MAINTENANCE: The owner of New Lot 60A shall be responsible for the
entire cost of the mainten ce of, and or repair to the r-- is ,—.
��; ri P , including but not limited to
all portions of the�t Revised Lot
60. Any further division of New Lot
6�l require the reassessment of cost to be equally shared by all owners using the
�\p It is understood that any such cost of maintenance or repair shall never be the
responsibility of the owners of Revised Lot 60. No public agency, including the
Virginia Department of Transportation and the County of Albemarle, Virginia,will
be responsible for maintaining any improvement identified herein.
'`y t,I c'1t G'i AA v-.;
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
2of 4
-
all owners, provided that in the event that one of the owners determines that the Street-tree1 ilk-2y'
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. It is understood that
any such maintenance or repair shall never be the responsibility of the owners of Revised
Lot 60.
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:
PHIM.64:(14.')V..--
LI N. ANDERSON
COMMONWEALTHIA
CITY/COUNTY OF ��VIRGIN
to-wit:
The foregoing Declaration was
acknowledged before me this t
Anderson. day ° 20 C4 by Philip N.
3 of 4
•
SME C EJI
NOTABYPUBLIC+• �
COMMONWEALTH OF VIRGINIA
MYcoiatossoN saws APRI.90,2020 4 ,
Not./ Public
My commission expires:A ) 50o
BY: 6MM4 -1 /k
J ET E. ANDERSON �=�"'L
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF AiLiTack_,
to-wit:
acknowledged before me this T The foregoing Declaration was
r. day of��ar 20
And:;. ...i�i``�, STEPHAME WELLS mast
�—� by Janet E.
NOTARYPUBLIC 7671021
-A..F ' COMMONWEALTH OFVIRGINIA
MY COMMISSION EPIRESAPR�30,2020 ��. 4,0
Not. Public
My commission expires: eilk
) 3°
4of 4