Fillable Printable Road Maintenance Agreement Sample Form

Road Maintenance Agreement Sample Form

Standard Road Maintenance Agreement

WHEREAS, the parties hereto are the owners of adjoining parcels of land served by an

easement of right-of-way _______ feet in width and shown on the aforesaid plat of

survey made by _______________________, Land Surveyor, dated

_________________, recorded as aforesaid in the Clerk’s Office of the Circuit Court of

Caroline county, Virginia, shown on said plat as “________ foot INGRESS & EGRESS

EASEMENT” which provides access to these parcels;

And

WHEREAS, the parties desire to enter into agreement in order to provide for the

maintenance, repair, and upkeep of such road.

NOW, THEREFORE, in consideration of the premises and mutual covenants provided

herein, the parties ag ree as follows:

(1) The parties hereby agree on behalf of themselves, their heirs, personal

representatives, successors, and assigns, to maintain said road and to perform repairs so

as to maintain the road in good and safe condition in accordance with standards set forth

below. The parties hereby agree to share in the cost of such maintenance and repair pro

rata based upon the number of lots owned, regardless of the size of any particular lot or

distance traveled over the road; provided, however, that in the event that a part’s agent or

business or professional invitee causes damages to the road other than ordinary wear and

tear, said party shall be required to repair such damage and bear the cost thereof

exclusively; provided further, in the event of further subdivision of the above-listed lots,

each of the resulting lots so created that have an easement or right of use of the road shall

share in the cost and maintenance and repair on a pro rata basis with all of the other lots.

(2) The terms “maintenance” and “repair” shall include, but not be limited to,

repairing the road surface, adding stone, clearing obstructions, grading or scraping the

road as necessary, cleaning or recutting ditches as necessary, trimming brush along the

roadside, removing snow, unplugging or opening culverts or drainpipes, and 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.

(3) Each party hereby grants to the other parties hereto a temporary construction

easement across the lot owned by such party for the purpose of maintaining, repairing, or

upgrading the road, as provided for in this agreement.

(4) The covenants set forth in this road maintenance agreement shall run with the

land described above and owned by the parties hereto and shall be binding on the heirs,

personal representatives, successors, and assigns of the parties hereto.

(5) The road which is the subject of this maintenance agreement is not dedicated

to public use. It will not be maintained by Caroline County authorities or by the Virginia

Department of Transportation and owners will not request to be included in the Virginia

Department of Transportation’s Rural Addition Program.

(6) This road maintenance agreement contains the entire agreement between the

parties hereto and shall be construed and interpreted according to the laws of the

Commonwealth of Virginia.

This conveyance is made SUBJECT TO all easements, restrictions and conditions

of record as the same may lawfully apply to the real estate herein conveyed.

Reference is hereby made to the aforementioned deed, plat and other instruments

in the chain of title for a more particular description of the property herein conveyed.

WITNESS the following signatures and seals:

__________________________________ (SEAL)