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Home My WebLink AboutSUB201700056 Agreements 2017-03-23Prepared by: Carroll W. Sullivan DECLARATION PARCEL ID: 03100-00-00-014G0 THIS DECLARATION is made this 10 day of March, 2017, by Carroll W. Sullivan, (the "Declarant"). 2-,3r4 WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 7.57 acres more or less, known as TMP 03100-00-00-014G0, (the "Property") as shown on the plat identified as "Family Subdivision Plat, Lot 1, containing 5.07 acres and Lot 2, containing 2.50 acres", last dated March 21, 2017, made by Roger W. Ray & Assoc., Inc., a copy of which plat is attached hereto and recorded herewith (the "Plat"). WHEREAS, the Declarant desires to record the Plat to subdivide the Property into Lot 1, containing 5.07 acres, and Lot 2, containing 2.50 acres, 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 Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Lot 1 & Lot 2, 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 Lot 1 & Lot 2 as further shown on the Plat. 2. Neither Lot 1 or Lot 2, 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 refinancing. 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. WITNESS the following signature and seal.ef (Seal) Carroll W. Sullivan COMMONWEALTH OF VIRGINIA ,.CIT</COUNTY OF AIUMAP46 to wit; The foregoing instrument was acknowledged before me this AS day of eh by Carroll W. Sxxpires: ��pOLYI��i,�i Notary Public:nti4' 67 My commissioq-.4&Ao1y= -'REGISTRATION NO.' 187571 -_ WCOMM. EXPIRES: 09/=2018 2 R Y �'��i,��TA I tPU�0 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 AFFIDAVIT VeriNm Family Relationship of Grantor to Grantee I, OAXAZI1 0—! J WA (property owner/Grantor) hereby certify that the subdivision of Tax Map 2 Parcel )&_ is a family subdivision in accordance with Sections 14-208, 14-211, and 14-212 of the Albemarle County Subdivision Ordinance, and that the table below outlines the relationship of each Grantee to the Grantor. I acknowledge that I have read and understand Sections 14-208, 14-211, and 14-212 of the Albemarle County Subdivision Ordinance which is attached to this affidavit. Grantee(s) Relationship to grantor ParceI/Lot 4=----b &,A�E 011�.qA Lol I ' '!2WIliVA.4 Soj L4 A EH Property Owner/Grantor Signature COMMONWEALTH OF V' IRGINIA ,JRITY/COUNTY OF '3 G Dat The foregoing instrument was acknowledged before me this by Jj 6--SO(114A�Al Grantor. My Commission Expires: A' -0r-3 �� UpMON1YE 1875711q0, �� `� y� xalnesl • O,� 18 gPy PUB�1````�� day of MA" , 20A Notary Public 2/28/08 Page 1 of 3 File: Original to Subdivision file SUB Member of the immediate family. The term "member of the immediate family" means the natural or legally defined off -spring, grandchild, grandparent, or parent of the owner of property. (Section 14-106) 14-208 Family subdivisions. The following sections of this chapter shall apply to each family subdivision, when applicable: A. General: Sections 14-100 through 14-108. B. Administration and procedure: Sections 14-200 through 14-204, 14-208, 14-210, 14-211, 14-212, 14-226, 14- 229, 14-232(B) and 14-236. C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A), (B), (C), (D), (E), (F), (M, (I), (L), (M), (N), (0), (P), (Q) and (S), 14-304, 14- 305(B), 14-308.1, 14-309, 14-310, 14-312 and 14-314. D. On -site improvements and design: Sections 14-400, 14-401, 14-402, 14-403; if a private street will be constructed as authorized by section 14-232(B)(1), then also sections 14-316, 14-406, 14-410(F) and 14- 412(A)(4); if any part of the property within a proposed family subdivision is within the jurisdictional area of the service authority, then also section 14-414, but if not, each lot, including a lot not required to connect to public sewer service pursuant to section 14-414, which is less than five (5) acres, shall comply with the requirements of sections 14-416, 14-421 and 14-426 through 14-440. (§ 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; § 18-58 (part). 9-5-96, 8-28-74; 1988 Code, §§ 18-57, 18-58; Ord. 98-A(I), 7-15- 98; Ord, 05-14(1), 4-20-05, effective 6-20-05) State law reference-Na. Code §§ 15.2-2241(9), 15.2-2244(C). 14-211 Family subdivisions; conditions precedent. A family subdivision shall be approved only if, in addition to satisfying all other applicable requirements of this chapter, the agent is satisfied that: A. Only one lot is created for transfer by sale or gift to the same family member. B. Tlie subdivider has not previously divided any other land within the county by family subdivision for transfer by sale or gift to the same family member. C. Facb lot proposed to be created complies with all applicable requirements of the zoning ordinance. D. The family subdivision is not sought for the purpose of circumventing the requirements of this chapter applicable to subdivisions. In determining whether a family subdivision is sought for the purpose of circumventing the requirements of this chapter, the agent shall consider the following factors, among others: 1. Whether the subdivision promotes the cohesiveness of the family; 2. Whether the subdivision is profit motivated for short-term investment purposes; 3. The length of time the subdivider has owned the property; and 4. Whether, after the family subdivision is approved, a lot created by the family subdivision is conveyed back to the grantor or to a third parry. (9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05) 2/28/08 Page 2 of 3 2 File: Original to Subdivision file SUB Sec. 14-212 Family subdivisions; conditions of approval. Each approval of a plat for a family subdivision shall be subject to the following conditions: ❑ A. No lot may be created by family subdivision unless it has been owned by the current owner or a member of his or her immediate family for at least four (4) consecutive years immediately preceding the date the family subdivision plat is submitted under section 14-210. ❑ B. No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate fan -lily of the subdivider, 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 refinancing, or if the lending institution requires in writing that the spouse of the member of the immediate family be a cograntee and co- owner of the lot. The subdivider shall place a restrictive covenant on the lots created by the family subdivision prohibiting the transfer of the lots so created to a person who is not a member of the immediate family for the retention period after the date of recordation. The restrictive covenant shall be subject to review and approval by the county attorney before it is recorded. If the lot created is conveyed back to the grantor during the 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.1 ❑ C. The entrance of the principal means of access for each lot onto any public street shall comply with Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation. ❑ D. The following note shall be added to each plat for a family subdivision: "No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible `member of the immediate family,' as that term is defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code. If any lot created by the recordation of this plat is conveyed back to the grantor during the four (4) year period, it shall be recombined with the parent lot within six (6) months after such conveyance." (9-5-96, 1-3-96, 4-13-88, I2-21-83, 10-17-79, 8-28-74, 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98, Ord.05-14(1), 4-20-05, effective 6-20-05; Ord. 08-14(1)7 2-6-08) 2/28/08 Page 3 of 3 File: Original to Subdivision file SUB