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Home My WebLink AboutSUB201600218 Agreements Family Division Plat 2017-05-22 `off Notarl PREPARED BY: Peter J.Caramanis,Esq.(VSB 43447) Royer Caramanis&McDonough,PLC 200-C Garrett St. Charlottesville,Virginia 22902 TAX MAP NOs.: 115-22G; 115-22G1 Name of Title Insurance Underwriter for Instrument: n/a THIS DECLARATION is made this 11- day of May, 2017, by ADRIAN TODD GIBSON and LELIA ANN GIBSON, husband and wife (collectively "Gibson"), having an address of 2069 Rustic Acres Ln, Scottsville, VA 24590, Grantee and Grantor. WITNESSETH : WHEREAS, Gibson is the fee simple owner of those certain parcels of land, and improvements thereon, lying in Albemarle County, and known as Tax Map and Parcel numbers 115-22G ("Parcel 22G"), and 115-22G1 ("Parcel 22G1"), more particularly shown on that plat entitled "Plat Showing Family Subdivision and New Sight Distance Easement Tax Map 115, Parcel 22G1,"prepared by Roudabush,Gale&Associates,Inc.,dated March 30,2017(the"Plat"), attached hereto as Exhibit A, recorded herewith, and incorporated herein by reference. WHEREAS, Gibson wishes to herein establish the rights and obligations of future owners of Parcel 22G, Parcel X as shown on the Plat ("Parcel X"), and Parcel 22G1, with respect to the 30' Private Street as shown and labeled on the Plat. NOW,THEREFORE, Owner declares as follows: 1. The owners of Parcel 22G,Parcel X and Parcel 22G1,including future subdivisions of Parcel 22G1 (individually an"Owner",and collectively,the"Owners"),shall have a permanent, non-exclusive access easement over and across that certain area shown and labeled on the Plat as "30' Private Street"(the"Road"). 2. The Owners shall maintain and repair the Road so that it remains in good and safe condition. The Owners shall share in the cost of such maintenance and repair equally, regardless of the size of any Owner's property or distance traveled over the Road;provided,however,that no Owner shall be responsible for the maintenance to that part of the Road which exclusively constitutes a driveway leading to the primary residence on another Owner's property. In addition, if any Owner,his assigns or invitees shall cause damage to the Road other than through the regular and intended use thereof(as an access road for passenger vehicles), said Owner shall be solely responsible for the costs of repair for such damage. 3. For the purposes of this instrument,"maintenance"includes the maintenance of the private street within the Road, all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private street improvements as may be constructed within the Road, and the prompt removal of snow,water,debris, or any other obstruction so as to keep the Road reasonably open for usage by all vehicles, including emergency services vehicles. 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. This shall include, but not be limited to, performing any and all other necessary work required to maintain the Road in a condition that will allow for reasonable and safe access of standard passenger vehicles.The Road shall be maintained in perpetuity to substantially the same or better condition as it was when approved by the County. 4. There shall be no obligation on the undersigned to upgrade the Road to a superior condition than exists on the date hereof unless a majority of the Owners agree to such upgrade in writing; provided, however,that any Owner shall have the right to upgrade the Road to a superior condition at such Owner's sole expense. 5. Each Owner is hereby granted a temporary construction easement across the lot owned by such party for the purpose of maintaining, repairing,or upgrading the Road as provided 2 in this Declaration. 6. Construction, maintenance or repair of the Road shall be undertaken only with the mutual consent of all Owners, provided that in the event that one of the Owners determines that the Road 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, such Owner may commence or contract for maintenance or repair to bring the Road to the minimum standard and the charges therefore shall be the responsibility of all Owners using the Road. 7. There shall be a continuing lien upon each lot having the right to use the Road to secure the payment of charges for maintenance and repair herein provided for,but such liens shall be at all times subject to any first or second deeds of trust placed on the lot until notice of such lien shall have been recorded. If the pro rata share of the cost of maintenance or repairs due hereunder is not paid by the owner of a lot when due, notice of such nonpayment may be recorded by the parties or by the person or entity providing such maintenance or repairs in the Circuit Court Clerk's Office, and from the time of such recordation, the amount stated in the notice, together 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. 8. The easements, agreements and covenants set forth in this Declaration shall run with the land owned by each of the parties hereto and shall be binding on the heirs, personal representatives, successors, and assigns of the parties hereto. 9. The Road which is the subject of this Declaration is not dedicated to public use.No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia,will be responsible for maintaining any improvement identified herein. 3 %we Ned WITNESS the following duly authorized signatures. sai ADRIAN TODD GIBSO� Ifi 4/L, /it..— • LELIA ANN GIBSON COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 'cl—E5EM,ARi ,to-wit: The foregoing instrument was acknowledged before me this Z2_ day of NI Ar i ,2017, by Adrian Todd Gibson and Lelia Ann Gibson. iI Notary Public My commission expires:513i LZO(q . O'��1j1111'+�(I�/�� .Ps RUs�� Notary registration number: I©14a. 1 . .. .,ke . ' �0SAAY• i* 1-: .. i ‘Istti471 %. PU9--\G g r , : 4 EXHIBIT A Plat entitled"Plat Showing Family Subdivision and New Sight Distance Easement Tax Map 115, Parcel 22G1,"prepared by Roudabush, Gale &Associates, Inc., dated March 30, 2017 5