Loading...
HomeMy WebLinkAboutSUB201600095 Agreements 2016-05-03 Prepared by: Marci Cork Albemarle County Tax Map 06200-00-00-03600 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter,the "Agreement") is made this 2nd day of May 2016, by John R. Corte and Doris V. Corte (hereinafter, the"Declarant"), whose address is 100 Key West Drive, Charlottesville, VA 22911. WHEREAS,the Declarant(s) are the owner(s) of a parcel of land known as Albemarle County Tax Map 62 Parcel 36 pursuant to Deed Book 3919, Page 50; and WHEREAS, Tax Map 62 Parcel 36 will be subdivided by the Declarant into Tract D, containing 3.38 acres and, the Residue, containing 8.00+/- acres respectively, as shown and described on a plat by Roger W. Ray& Assoc., Inc., dated April 18, 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 20 foot non- exclusive ingress and egress easement (hereinafter, the"Street") for the use and benefit of Tract D and the residue of Tax Map 62 Parcel 36 shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Tract D and the Residue of Tax Map 62 Parcel 36 a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum 10 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 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 Tract D and the Residue of Tax Map 62 Parcel 36 shall be equally responsible for the cost of the maintenance of, and or repair to the Street, from Key West Drive to Tract D. Any further division of Tract D or the residue of Tax Map 62 Parcel 36 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: 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 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: A;I Wri' R. e � •4) BY: r �`! Doris V. Corle STATE OF VIRGINIA AT LAR E GItCOUNTY OF AI(,,`ml:: , to-wit: The foregoing Declaration was acknowledged before me this day of M As..) , 2016, by John JohnoiCuaricprid Doris V. Corle. WtA MIK.;41 i0A-LivVtAr.otary Public My commission expires: 9-so-ow = a3ala 1«�e°o • `; _ �i J .,3MNq��' ��.� i ll�llilllllNl\\\\0 Prepared by: PARCEL ID: 06200-00-00-03600 Marci Code DECLARATION THIS DECLARATION is made this 2nd day of May, 2016, by John R. Corte & Doris V. Corte, (the "Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 11.57 acres more or less, known as TMP 06200-00-00-03600, (the "Property") as shown on the plat identified as "Family Subdivision Plat, Tract D, containing 3.38 acres", dated April 18, 2016, made by Roger W. Ray & Assoc., Inc., 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 Tract D, containing 3.38 acres, and the Residue, containing 8.00+/- 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 Tract D & the Residue, 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 Tract D & the Residue as further shown on the Plat. 2. Neither Tract D or the Residue, 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. Stool •40.00 WITNESS the following signature and seal. � i -C-41.- (Seal) J. R. Corle Sl/41‘4* (Seal) Doris V. Coyle COMMONWEALTH OF VIRGINIA CI �COUNTY OF 'M/} G , to wit; The foregoing instrument was acknowledged before me this day of #11}1 , 2016, by John R. Corle and Doris V. Corle. My commission expires: 9"S oLA/ u-.4." ` ` 4 1+ li15'1 Ktary Public ��e�,l,�oi lb0 i ' C9' •EE I ON Inlet ',,., N�7 aN' ```��.