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Home My WebLink AboutSUB201600218 Agreements Family Division Plat 2017-05-18 Community Development Document Review County Attorney's Office TO: r w / / PROJECT NUMBER: -76 You have requested t at oWo c ?the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination 17 fah, Other: �� • The document is: is approved is approved with minor edits as noted on the attached is not approved because: : Signatures or acknowledgement need to be redone(see comment below) : Legal description needs to be revised(see comment below) : Other(see comment below) Comment: If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party,signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. sr;gY1l�• R '� Date: 5- g-r? Jo JO C. Blair, II De i .ty County Attorney OAF gMIT0a QIP 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: May 17,2017 John Blair County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project Name: SUB201600218—Gibson Family Division Date Submitted: 5/17/17 Dear Mr. Blair: Please find the enclosed private street maintenance agreement and family division plat. I believe it satisfies the requirements of Section 14-317, but please let me know of any requested changes. Truly Yours, J- ne.QA-vta., J.T. Newberry Senior Planner Ext. 3270 • Checklist for Maintenance *0•1004 Agreements **aid • File# S(a t l,6 0 ' K Project Name: (-�sews F4-v••• ty L' i c i 0-e1 . • 14=317 Instrument evidencing maintenance of certain improvements. If the subdivision will contain one(1) or more improvements that are not to be maintained by the county or any authority or other public agency,the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement,as follows: • A. The instrument shall,at a minimum contain: 12( (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, assures that it will remain in substantially the condition it was in when approved by the county; for a private street, shared driveway, or alley,the instrument also shall state verbatim: "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 verbatim: "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 streetimprovements, and the prompt removal I 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." ❑7 (5)Describe the condition of the improvement when it was approved by the county. , _�/ (6)Identify the timing or conditions warranting maintenance of the improvement. 11 (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 zia 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. NU (9)State verbatim: "No public agency,including the Virginia Department of Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any improvement identified herein." B. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded inthe office of the clerk of the circuit court of the county. The agent may require that the instrument be on a form prepared by the county attorney. C.For purposes of this section,the term"to maintain,"or any derivation of that verb,includes the maintenance,replacement,reconstruction and correction of defects or damage. D.Nothing in this section shall affect the rights of the county reserved under section 14-440. 1 • '1%601 NIS 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 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 0 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 410 ‘1100 condition. The Owners shall share in the cost of such maintenance and repair equally, regardless a 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, 0 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 stsoD sr j 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 11, 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 411110 1,414 WITNESS the following duly authorized signatures. ADRIAN TODD GIBSON LELIA ANN GIBSON COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by Adrian Todd Gibson and Lelia Ann Gibson. Notary Public My commission expires: Notary registration number: 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 i i 2 d