HomeMy WebLinkAboutSUB201600089 Agreements Final Plat 2016-07-06 %r/
Prepared by: John A. Dezio,Attorney TMP# 10300-00-00-05700
VSB# 07678
2350 Commonwealth Drive, Suite C
Charlottesville,VA 22901
DECLARATION
This PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter the
"Agreement")is made this 15th day of June,2016, by FRED WAYNE SHIFFLETT and
REBECCA G. SHIFFLETT, husband and wife(hereinafter the "Declarants"), whose address is
3109 Rolling Road, Scottsville, VA 24590.
WHEREAS, the Declarants are the owners of a parcel of land known as Albemarle
County Tax Map# 10300-00-00-05700 pursuant to a deed from Elizabeth J. Winter and Evelyn
Watkins, dated June 29, 2015, of record in the Clerk's Office of the Circuit Court of said County
in Deed Book 4645,page 213, and as more fully described on a plat of Commonwealth Land
Surveying, LLC, dated June 5, 2015, attached thereto; and
WHEREAS, Tax Map# 10300-00-00-05700 will be subdivided into Lot 1 and New
Acreage, containing 2.01 acres and 5.03 acres, as shown and described on a plat of
Commonwealth Land Surveying, LLC, dated April 22, 2016, last revised June 9,2016, a copy of
which is attached hereto and made a part of this Agreement(hereinafter the "Plat"); and
WHEREAS, the access easement shown on the plat will be a new 30 feet wide non-
exclusive ingress and egress easement(hereinafter the"Street"), for the benefit of both of the
said parcels shown on said plat.
NOW, THEREFORE, in consideration of the premises and the undertakings,contained
herein, the Declarants herein impose upon Lot 1 and the residue of TMP 103-57 a street to be
maintained as follows:
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MINIMUM STANDARD: The Street will be maintained with a minimum 10 feet wide
base of gravel and maintained in perpetuity to substantially the same condition it was in when
approved by the County. The travelway shall 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, as well as the maintenance of 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 owners of Lot 1 and the residue of TMP 103-57 shall
be equally responsible for the cost of maintenance and/or repair of the Street from State Route
795 to the western boundary of Lot 1. Any further division of Lot 1 and the residue of TMP 103-
57 shall require the reassessment of costs 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. 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
Street, commence or contract for maintenance or repair in order to bring the Street to the
minimum standard. Charges resulting from such repair or maintenance 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, 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 the
maintenance or repair. The amount due by a 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.
[SIGNATURE PAGE FOLLOWS]
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WITNESS the following signatures and seals:
'//) 4 j /7 / ';o
(SEAL)
Fred Wayn Shifflett
I AMANDA MAY MOORE
COMMONWEALTH OF VIRGINIA CO"""IN-TM +
MY CLOWNiXPMiEs NW."eo00
COUNTY OF ALBEMARLE, to-wit: L� COAN IS$IONr71114M
lei,The foregoing Declaration was acknowledged before me this (D day o , 2016, by
Fred Wayne Shifflett.
0ota".'hk,0
ry Public _J
My commission expires: Mo I 0 232O
My Notary ID#: TO Q) (c-{.3 Z
. i p , ,' II(SEAL)
Re ecca G. Shifflett 0.- .
AMANDA MAY MOORE
9 NOTARY eusuc
COMMONWEALTH OF VIRGINIA i MY`ommI
.OMMONWEALTH or mama
SSPON EXPIRES COUNTY OF ALBEMARLE,to-wit: I ,, S0` '
The foregoing Declaration was acknowledged before me this l0 day of f-. 016, by
Rebecca G. Shifflett.
ca P/4_n /11A p-
otary Public
My commission expires: o.t, 3) 24:2p
My Notary ID#: —7(0( 1 L-(') 2
C:\Users\Jenn Henderson\Desktop\IAD FILES\S\Shiflett,Fred Wayne&Rebecca 15-1211Private Street Maintenance Agreement 6-15-16.docx