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Home My WebLink AboutSUB201700083 Easements 2017-06-02COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 Date: June 2, 2017 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB20160083— Ethan and Michele Burke - Family Division Date Submitted: 5-24-17 (Submittal Date 6/5/17) Dear Mr. Blair: The applicant has submitted a Declaration of the Private Street Maintenance Agreement, a Declaration of Restrictive Covenant and Plat 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. Paty Sal'ernye, SeXdrP rmnerc. County of Alb arle Department qfcunity Development 401 Mclnti ad Charlottesville, VA 22902 psaternye@albemarle.org (434)296-5832, phone ex.3250 Prepared by: Connor J. Childress (VSB# 88441) Scott(Kroner PLC 418 E. Yater St Charlottesville, VA 22902 Albemarle County Tax Map 04200-00-00-02700; 04200-00-00-027AI DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day 8th of May, 2017, by THOMAS ETHAN BURKE, MICHELE N. BURKE, and MICHAEL NA.ESS (collectively, hereinafter, the "Declarant"), whose address is 1880 Decca Lane, Charlottesville, VA 22901. WHEREAS, the Declarants are the owner(s) of a parcel of land known as Albemarle County Tax Map 42 Parcel 27 ("Parcel B") pursuant to the deed recorded in Deed Book 4050, Page 230; and WHEREAS, the Declarants are also the owner(s) of a parcel of land known as Albemarle County Tax Map 42 Parcel 27A1 ("Parcel A") pursuant to the deed recorded in Deed Book 4050, Page 230; and WHEREAS, immediately prior the recordation of this Agreement the lot lines were adjusted between Parcel A and Parcel B as shown and described on a plat by Roger W. Ray & Assoc., Inc., dated April 4, 2017, a copy of which is recorded in the Clerks' �- Office of the Circuit Court of Albemarle County in Instrument # (hereinafter, the "Plat"); and WHEREAS, pursuant to the Plat, Parcel A was subdivided by the Declarant into Parcel A-1, containing approximately 2.00 acres, and Revised Parcel A, containing approximately 2.22 acres; and WHEREAS, the access easements shown on the Plat are both a new and existing 30' foot wide non-exclusive ingress and egress easement (hereinafter, the "Street") for the use and benefit of Parcel B, Parcel A-1, and Revised Parcel A for access to and from Old Via Road and State Route 678, as shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Parcel A, Revised Parcel A-1 and Parcel B a Street to be maintained as follows: / M1N1MIJM STANDARD: The Street shall be maintained—w— a--n:d uiia -10' foot `wide° ..:gravel `;. " lewa: '; and maintained in e tD o n usia�tially the same condi'tonit was in when approved by the_ County. The travelway shall at all tri s 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 terra "to maintain," or any derivation of that verb, includes the maintenance, CZ replacement, reconstruction and correction of defects or damage. COST OF MAINTENANCE: The owner(s) of Parcel A-1, Revised Parcel A and Parcel B shall be equally responsible for the cost of the maintenance of, and or repair to the Street. Notwithstanding the foregoing,' the owner of Parcel A-1 shall have no responsibility for the cost of maintenance of that portion of the Street that is located on Revised Parcel A and which only serves Revised Parcel B. No public agency, including the Virginia department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. r WHEN TO MAINTAIN: After the initial construction of the Street, any fiuther � 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 owners) bring an 1 action of law against each ach 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 br 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. MISCELLANEOUS: This Agreement does not and shall not be construed to grant any rights to the public in general. This Agreement creates certain permanent rights and oblgiations as specifically granted herein, and shall be construed in accordance with the laws of the Commonwealth of Virginia and with the view of carrying out the intent of the parties hereto. The rights and obligations granted herein shall be appurtenant to and shall run with the title to Parcel A-1, Revised Parcel A, and Parcel B, as applicable, and shall be banding upon Declarant and its successors and assigns. [Signature Page Follows] [SIGNATURE PAGE TO PRIVATE STREET MAINTENANCE AGREEMENT] IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. (Seal) THOMAS ETHAN BURKE (Seal) MICHELE M BURKE (Seal) MICHAEL NAESS COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit, The foregoing instnunent was acknowledged before me this 8th day of May, 2017, by THOMAS ETHAN BURKE MICHELE N. BURKE and MICHAEL NAESS. My commission expires: Notary Public Prepared by: Connor J. Childress (VSB# 88441) ScottlKroner PLC 418 E. Water St. Charlottesville, VA 22902 PARCELED: 42-27A1; 42-27 DECLARATION THIS DECLARATION is made this 8 day of MAy, 2017, by THOMAS ETHAN BURKE, MICHELE N. BURKE, and MICHAEL NAESS (the "Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 4.22 acres more or less, known as TMP 04200-00-00-027A1 (the "Property) and Declarant is the owner of adjacent property containing 8.03 acres more or less, known as TMP 04200-00-00-02700 ("Revised Parcel B") as shown on the plat identified as "Family Subdivision Plat, Parcel A-1 Containing 2.00 Acres and Boundary Line Adjustment Plat Revised Parcel A and Revised Parcel B the Properties of Thomas Ethan Burke, Michele N. Burke, and Michael Naess Also New 30' Access Easement Located on Existing 30' Right -of -'Way, Existing 30' Access Easement and Old Via Road, Off State Rout 678 Samuel Miller Magisterial District, Albemarle County, Virginia", dated April 4, 2017, made by Roger W. Ray & Assoc., Inc., a copy of which plat is attached hereto and recorded herewith (the "Plat"j. WHEREAS, the Declarant desires to record the Plat to subdivide the Property into Parcel A-1, containing 2.00+1 acres, and Revised Parcel A, containing 2.22+/-- acres, to adjust the lot lines between Revised Parcel B, Revised Parcel A, and Parcel A-1, and to reflect the new access easements, all as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Cade of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Parcel A-1 & Revised Parcel A, and the Declarant desires to impose such restrictions. NOW THEREFORE, the Declarant agrees to and declares the following: 1 _ The Property is hereby subdivided into Parcel A-1 and Revised Parcel A as further shown on the Plat. The lot lines between Revised Parcel, B, Revised Parcel A, and Parcel A-1 are revised as further shown on the Plat. A new 30' Access Easement is hereby granted on Revised Parcel A for the benefit of Revised Parcel B, in the location shown by crosshatching on the Plat and labeled "New 30' Access Easement". 2. Neither Parcel A-1 nor Revised Parcel A, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refnancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. [SIGNATURE PAGE TO DECLARATION FOLLOWS] [SIGNATURE- PAGE TO DECLARATION) WITNESS the Mowing signature and sea]. COMMONWEALTH VIR A CITYICOUNTY OF to wit; The foregoing instrument was acknowledged before me this 8th day of May, 2017, by THOMAS ETHAN BURKE, MICHELE N. BURKE, and MICHAEL NA SS. My GolT=isslon expires: O P7Tblic MIRANDA L. SMITH - ,-• NOTARY REGMitATION JYM 7MM NOTARYEURM My � EXPRM TII OF S� !y Community Development Document Review County Attorney's Office TO: T� "7r, Yfet) PROVqru BYou ?STe st du o�ii`e�thd al�ache/d development ocament identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination 4zOther �� ✓ `—� 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) t1 IMn 121citMt be soldc r. 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. -a 0,&6�0 Jo n C. Blair, II D ty County Attorney Date; 6 `�-r [ 7 t� Review of Private Improvement Maintenance Instrument (Albemarle County Code § 14-317) TO: RE: SIJB SuQ6 The insttum.eat required by Albemarle County Code § 14-317 for this subdivision: — is approved _ 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 instr ent 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, um, ensures that it will remain in substantially the condition it was in when approved by the county if the improvement utas 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 1¢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." ,14. 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 instrameat, `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 f street or alley reasonably open for usage by all vehicles, including emergency services vehicles." __ y 3. Describe the condition of rine 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. r6_ Identify the timing or conditions warranting maintenance of the improvement. _(L7. 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 iustx ment to record alien against a non-contributing landowner, to bring as action at law to collect the funds, or both. $. Describe hoar maintenance costs will be prorated among the Iandowners 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: Greg Karnptner Deputy County Attorney