HomeMy WebLinkAboutSUB201700110 Agreements 2017-11-01 Prepared by Nicole M.Averill
Albemarle County Tax Map 08700-00-00-05300
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter, the
"Agreement") is made this day 2 of October, 2017, by Nicole M. Averill(hereinafter,
the "Declarant"), whose address is 4273 Burton Road, North Garden,VA 22959.
WHEREAS,the Declarant(s) is/are the owner(s) of a parcel of land known as
Albemarle County Tax Map 87 Parcel 53 pursuant to the plat/deed in Deed Book 4800,
Page 99; and
WHEREAS, Tax Map 87 Parcel 53 will be subdivided by the Declarant into Lots
A and The Residue of Tax Map 87, Parcel 53, containing 2.611 and 2.000 acres
respectively, as shown and described on a plat by Dominion Engineering, dated
September 11,2017, 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 or existing 30
FEET WIDE non-exclusive ingress and egress easement(hereinafter, the "Street") for
the use and benefit of Lots A and The Residue of Tax Map 87, Parcel 53 shown on the
Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon Lots A and The
Residue of Tax Map 87, Parcel 53 a Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum of 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 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 Lots A and The Residue of Tax Map 87,
Parcel 53 shall be equally responsible for the cost of the maintenance of, and or repair to
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the Street, from The intersection with State Route 711 (Burton Road) to The
Common property line between Lot A and The Residue of Tax Map 87, Parcel 53.
Any further division of Lots A and The Residue of Tax Map 87, Parcel 53 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 1V ` S2-1U6
icole M. Averill
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF, -/6' 'i!e ,to-wit:
The foregoing Declaration was
acknowledged before me this day of C i ecC , 2017, by Nicole M. Averill.
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My commission expires: 1.
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MI :.Z.REGISTRATION NO.'.m
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MY COMM.EXPIRES:
06/30/2021