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Home My WebLink AboutSUB201700045 Agreements 2017-06-26 PREPARED BY: RICHARD E.CARTER,VSB# 12325 ZUNKA,MILNOR&CARTER,LTD. 414 Park Street Charlottesville,VA 22902 TAX MAP/PARCEL: 11000-00-00-01500; 11000-00-00-015A0;New Parcel Z DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter,the "Agreement")is made this 26th day of June, 2017, by LYNN R. RUBENOFF, RICHARD H. RUBENOFF,JERRY A. ANDREWS,AND DEANNA B. ANDREWS (hereinafter, collectively referred to as the"Declarants"),whose address is 4621 Appleberry Mountain Road,North Garden VA 22959. WHEREAS, the Lynn R. Rubenoff and Richard H. Rubenoff(the"Rubenoffs") are the owners of a parcel of land known as Albemarle County Tax Map 110 Parcel# 15A pursuant to the deed in Deed Book 804, Page 587 and Deed Book 4923, Page 406; and WHEREAS,Tax Map 110 Parcel 15A was subdivided by the Rubenoffs into Parcels A-1 and B, containing 9.060 acres and 31.013 acres respectively,as shown and described on a plat by Thomas B. Lincoln dated May 8, 1998 and revised June 2, 1998, a copy of which was recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on June 30, 1998 at Deed Book 1720, Page 526-527; and WHEREAS,the easement that served Tax Map 110 Parcel 15A and Tax Map 110 Parcel 15, as described on the plat recorded at Deed Book 1720, Page 526-527, was subject to the road maintenance agreement recorded in the aforementioned Clerk's Office, immediate prior to the plat, at Deed Book 1720, Page 520; and WHEREAS,Tax Map 110 Parcel 15 was subsequently sold to William and Cori Lewis by deed recorded in aforementioned Clerk's Office at Deed Book 1720. Page 529; and WHEREAS,Tax Map 110 Parcel 15 was then sold to Jerry A. Andrews and Deanna B. Andrews(the"Andrews")on October 23, 2001 by deed recorded in aforementioned Clerk's Office at Deed Book 2097, Page 184; and WHEREAS, the Rubenoffs desire to subdivide their property,Tax Map 110 Parcel l 5A to create New Parcel "Z"as described on plat of Thomas B. Lincoln, Land Surveyor, dated February 16,2017, last revised June 20, 2017, said plat attached to and recorded with this instrument(the"Plat"); and WHEREAS, the abovementioned Parcels, including 110-15; 110-15A and New 4.010 Nor Parcel"Z"(Collectively"Parcels")are served for ingress and egress to and from State Route 631 by the following existing easements: a 20' ingress and egress easement from Route 631 and a 30' ingress and egress easement(the"Easements"),both of which are illustrated on the Plat attached hereto; and WHEREAS, Declarants desire to provide for maintenance of said Easements from State Route 631; NOW,THEREFORE, for and in consideration of the premises and the undertakings contained herein,the Declarants hereby declare and covenants as follows: 1. The Easement shown on said Plat attached hereto leading from State Route 631 to Tax Map 110 Parcel 15,Tax Map 110 Parcel 15A, and New Parcel"Z" shall be a private right-of-way easement for ingress and egress for the benefit of aforementioned Parcels. 2. The record owners of the Parcels shall each bear and pay an equal share of the cost of repair and maintenance of said Easement. Each shall pay one third (1/3). The said Easement will not be maintained by the County of Albemarle or the Commonwealth of Virginia,until such time,if ever, as said Easement is satisfactorily improved and then accepted into the State system. Should the number of parcels using the Easement change, including but not limited to a subdivision of the Parcels in this Declaration, then the proportionate share of the cost of repair and maintenance will change so that the numerator will be 1 and the denominator will be the number of parcels using the Easement. 3. The right-of-way shall be maintained in its presently existing condition and width and so to allow the reasonable and safe access of standard passenger automobiles in all but severe weather. Snow removal shall be deemed necessary maintenance as contemplated herein. Maintenance and repairs shall include the roadbed and surface and drainage culverts and ditches. 4. Any Owner may initiate repairs or maintenance by first informing the others in writing of his intention and the extent of work sought. If no objection is received within seven(7)days of such notice,then the initiating Owner may proceed with the work. However,no notice for initiating snow removal or removal of impassable obstructions shall be required. Each Owner shall pay his share of the cost to the contractor and/or materialman prior to the payment due date specified on any bill for work or materials. 5. There shall be a continuing lien upon each of the said Parcels to secure the payment of the charges herein provided for the right-of-way repairs or maintenance but such lien shall at all times be subject to any first or second deeds of trust placed on the property at any time until notice of such lien shall have been recorded as hereinafter provided. If the proportionate share of any costs of repairs or maintenance due hereunder is not paid by any Owner of any • of said Parcels when due, a notice of such nonpayment as to such parcel may be recorded by any other lot Owner or by the person or corporation performing such repairs or maintenance in the Clerk's Office of the Circuit Court of the County of Albemarle,Virginia, and from the time of such recordation the amount stated, in the notice,with interest, costs and reasonable attorneys' fees, shall become a lien prior to any deeds of trust recorded subsequently to the recording of such notice. 6. If agreement cannot be reached as to the need for maintenance and repairs, then the party desiring the work may proceed to enforce these covenants by legal action with all costs and reasonable attorneys' fees incurred therein to be awarded to the prevailing party. 7. The matters set forth in this agreement shall run with the land and shall be binding upon the successors in interest,heirs,and assigns of the parties hereto. The terms of this Declaration supersedes and replace a road maintenance agreement recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 1720,Page 522 which is hereby terminated and declared null and void. THIS SPACE INTENTIONALLY LEFT BLANK WITNESS the following signatures and e s: 1111 , .ice a Aplid la di,,►a (SEAL) ,'R.Rubenoff. gall v. OP ' _. __....,/- .7 (SEAL) Richard R.Ru• off • STATE OF IBJ , CITY/COUNTY OF CMCIL.Oftbi h Qto-wit: The foregoing instrument was acknowledged before me this 04.0 day of 2017 by Lynn R. Rubenoff and Richard R.Rubenoff. i alA-C6V_GIL04611 . Notary Publi Mycommission expires: (,(4 :30 l 9 \�‘0%ifili,r,,�� gyp, L. pi.. ,,,, ‘�QoYpO�(�,. j �f�� Notary Registration Number: ` D C - 1R-•'• MY n:N _ ' COMMISSION CS..DNUMBER g '• 7102025 /2 °.tjy J�� . ,liiitilit 01- . . , ' A SEA Jir A. And i1 /1 .. 4111111°//..4e ..,.. _ (SEAL) Deahrta B.Andrews STATE OF , CITY/COUNTY OF aa,L0 A 0 r ')?_009 ,to-wit: The foregoing instrument was acknowledged before me this(7 jQ day of 2017 by Jerry A. Andrews and DVB. Andrews. t i I . 44,111 i, .I V l r I . • ot. Pub Tif My commission expires: UAu 30 p7U q J Notary Registration Number 7(0a0a5 `00� tllttrrrr1/ • G `�%`oMk -` Oz M � : �� ,S,s :cn _ a. T �SRN : ... Too : *T :1./1 £71 OF v kc./.\ ' , 'II t1o`, y9-ODt"OOz =mAz= xmNpmmp�ir0 ; pm-1 0 prn ;- z .�..' •' cop,A. 0 man >01--3,71 mDvfOm AOo y t mx 0 z0 CNCz jp~Dxm = Z•mctmif"A000 T �m a +� • Ammm2m m y 1) niXn•DX Dpmr�x ; c SA�mZi m0 O t m 02- j A mrnc 1Ca°r .03 -m Q"1.T227 mz I m m c0 r �� =~zny •m OOa CM-1M-< -2 -,61 "TomAa>mmO y t p ? C m= az m VA.c .11 O'�U3 )z N) tm m4o* a 0 tC m °o°,;n ti cm rE {oD.-2 Ar)r0=TD1" Z nN cf m 22Ill : ids Prepared by: PREPARED BY: RICHARD E.CARTER,VSB#12325 ZUNKA,MILNOR&CARTER,LTD. 414 Park Street Charlottesville,VA 22902 PARCEL ID: 11000-00-00-015 AO DECLARATION THIS DECLARATION is made this 26`h day of June, 2017, by LYNN R. RUBENOFF and RICHARD H. RUBENOFF, (the"Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 31.013 acres more or less, known as TMP 11000-00-00-015A0, (the "Property") as shown on the plat identified as "FAMILY SUBDIVISION PLAT SHOWING A NEW PARCEL "Z" A PORTION OF TAX MAP 110 PARCEL 15A LOCATED ON STATE ROUTE 631 SAMUEL MILLER DISTRICT ALBEMARLE COUNTY. VIRGINIA", dated February 16, 2017, last revised June 20, 2017 made by THOMAS B. LINCOLN, LAND SURVEYOR OF LINCOLN SURVEYING, a copy of which plat is attached hereto and recorded herewith(the"Plat"). WHEREAS, the Declarant desires to record the Plat to subdivide the Property into "New Parcel Z", containing 2.033 acres, and "Parcel B", containing 28.980 acres, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon New Parcel Z and Parcel B and the Declarant desires to impose such restrictions. NOW THEREFORE, the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into New Parcel Z and Parcel B as further shown on the Nat. 2. Neither New Parcel Z or Parcel B, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. 4. si;10‘ • WITNESS the following signature and seal. 0111441 `, , r _, Seal) LYN 1 R. c BENOFF `°. , /. ' 4- r.,/.✓� (Seal) ' ICH • ' 0 ' Ret. NIF/ COMMONWEALT IiVIR / :, CITY/COUNTY O / L , IT i 4 I A '. wit; The foregoing instrument was acknowledged before me this( (o day of (at-2 , 2017,by LYNN R. RUBENOFF and RICHARD H. RUBENOFF. My commission expires: (9U4(1' 501 .9Ol 9 Notary Registration Number: 7/Q( 0 a 7 ./i . otary Public 4°.• p.RY pli'?'< C MY C0 N ::- . 710 R '".,,ACTH OF t\�;..