HomeMy WebLinkAboutSUB201600089 Approval - County Final Plat 2016-02-03 A r
NINO' '‘1111101
Review of Private Improvement Maintenance Instrument
(Albemarle County Code §14-317)
TO: ?ok Sxru-
RE:
SUB WI —W gePlicArys-Sve letf-
Theinstrument required by Albemarle County Code § 14-317 for this subdivision:
/isapproved.
is not approved because it fails to satisfy one or more of the following requirements (number references are to
Albemarle County Code § 14-317(A)):
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.
2. State that the improvement will be maintained in perpetuity.
3. State that the improvement will be maintained to a standard that, at a minimum, ensures that it will
remain in substantially the condition it was in when approved by the county if the improvement was
installed prior to the agent signing the plat or the condition it is to be in when the surety was released
as provided in section 14-436;for a private street, shared driveway, or alley, the instrument also shall
state substantially as follows: "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."
4. If the instrument pertains to the maintenance of one or more private streets,alleys or shared
driveways,it shall define"maintenance"by stating substantially as follows: "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."
5. Describe the condition of the improvement when it was approved by the county if the improvement
was installed prior to the agent signing the plat or the condition it is to be in when the surety was
released as provided in section 14-436.
6. Identify the timing or conditions warranting maintenance of the improvement.
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.
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 substantially as follows: "No public agency,including the Virginia Department of
Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any
improvement identified herein."
Date: 0 9/031
Gre, t;. r
Depu • ty Attorney
0 A-
•
• r
(>1))
cT
ri11
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: June 22,2016
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB201600089—Wentland-Shifflett—2 Lot Final Subdivision
Date Submitted: 5-9-16
If
Dear Mr. Kamptner:
The applicant has submitted a Declaration of the Private Street Maintenance Agreement and the plat
for the above named project.
At your earliest convenience,please review these documents and the attached plat for the division. Should
you have any questions or comments please feel free to contact me.
Sincerelyt
Paty aterny .r Planner .r"k�4
Cou y of A 0emarle .;:` - '
Department of Community Deve opment
401 McIntire Road F< " . 4
Charlottesville, VA 22902 , 1p ,,
.
psaternye@albemarle.org K'
(434)296-5832,phone ex.3250 t :
4441.111A . Noril
WATZF
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: June 22,2016
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville,VA 22902
Regarding:
Project Name: SUB201600089—Wentland-Shifflett—2 Lot Final Subdivision
Date Submitted: 5-9-16
Dear Mr. Kamptner:
The applicant has submitted a Declaration of the Private Street Maintenance Agreement and the plat
for the above named project.
At your earliest convenience,please review these documents and the attached plat for the division. Should
you have any questions or comments please feel free to contact me.
Sincerely
I
Paty aterny: .r Planner 441000
Cou of A .emarle
Department of Community Deve opment
401 McIntire Road COUNTY OF ALBEMARLE
Charlottesville,ater b VAma 22rg 2 r- i n r��
satern e albemarle.or 1 i n
(434)296-5832,phone ex.3250 1 1 i 11
JUN 22 2016 ■
ATTORNEY'S OFFIC
*toe *woof
Review of Private Improvement Maintenance Instrument
(Albemarle County Code§14-317)
TO:
RE: SUB 506 6_0 CA P
S
The instrument required by Albemarle County Code § 14-317 for this subdivision: \
1
('
is approved. 61;1/
is not approved because it fails to satisfy one or more of the following requirements (number references are to
Albemarle County Code§ 14-317(A)):
__ ���Identify the plat to which the instrument applies;if the plat has been recorded, the identification shall
nclude a deed book and page number.
2. tate that the improvement will be maintained in perpetuity.
3. State that the improvement will be maintained to a standard that,at a minimum,ensures that it will
remain in substantially the condition it was in when approved by the county if the improvement was
installed prior to the agent signing the plat or the condition it is to be in when the surety was released
as provided in section 14-436;for a private street, shared driveway,or alley, the instrument also shall
state ubstantially as follows: "The travelway shall at all times be maintained so that it is safe and
venient for passenger automobiles and emergency vehicles at all 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 substantially as follows: "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,
the prompt removal of snow,water, debris,or any other obstruction so as to keep the private
treet or alley reasonably open for usage by all vehicles,including emergency services vehicles."
vi5. ol'
Describe the condition of the improvement when it was approved by the county if the improvement
was installed prior to the agent signing the plat or the condition it is to be in when the surety was
zed as provided in section 14-436.
ify the timing or conditions warranting maintenance of the improvement.
a means to collect funds necessary for the cost of maintaining the improvement;at a minimum,
e 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.
8. D ribe how maintenance costs will be prorated among the landowners subject to the instrument
.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 substantially as follows: "No public agency,including the Virginia Department of
Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any
improvement identified herein."
Date:
Greg Kamptner
Deputy County Attorney
t ^ f
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
6).9 .---
Acreage, containing 2.01 acres and 5.03 acres, as shown and described on p.plat of
k5 -rev'i W atAn c,q, 2-016 '
Commonwealth Land Surveying, LLC, dated April 22, 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 an New Acreage)street to be maintained as
follows:
15 kh
r
MINIMUM STANDARD: The Street will be maintained with a minimum 10 feet wide
())G_Y
ase 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
00 passenger automobiles and emergency vehicles at all times, except in severe temporary weather
conditions.
MAINTENANCE: For purposes of this instrument, `maintenance' includes the
-W maintenance of the private streets or alleys, as well as the maintenance of all curbs, curbs and
0
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 New Acreage shall be equally
c... 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 New Acreage shall require the
reassessment of costs to be equally shared by all owners using of the Street. No public agency,
)includin401g 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
/
F' 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
weather conditions, such owner may, after 30 days written notice to all other owners using the
..
`rd'
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
0:1
the person or corporation performing such maintenance,may, after 30 days written notice to the
efaulting parcel owner(s), brian action of law ga;nst 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]
S �I
WITNESS the following signatures and seals:
(SEAL)
• Fred Wayne Shifflett
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing Declaration was acknowledged before me this day of June, 2016, by
Fred Wayne Shifflett.
Notary Public
My commission expires:
My Notary ID#:
(SEAL)
Rebecca G. Shifflett
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE,to-wit:
The foregoing Declaration was acknowledged before me this day of June, 2016, by
Rebecca G. Shifflett.
Notary Public
My commission expires:
My Notary ID#:
C.\UseraUenn Henderson\Desktop\AD FILES\S\Shifflett,Fred Wayne&Rebecca 15-121\Frivate Street Maintenance Agreement 6-15-16.docx