HomeMy WebLinkAboutSUB201100021 Affidavit 2011-07-06 ,os1 A/40,z
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlotte:milk.Virginia 229024596
Phone(434)296-5832 Fax t434)972-4126
AFFIDAVIT
Verifying Family Relationship of Grantor to Grantee
I. JO-Cal 14s.ritty ,(property owner/Grantor)hereby certify that the subdivision of Tax
Map &4O 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, 1 acknowledge that 1 have read and understand Sections 14-208. 14-21 I,and 14-212 of the Albemarle
County Subdivision Ordinance which is attached to this affidavit.
Grantee(s) Relationship to grantor Parcel/Lot
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COMMONWEALTH OF VIRGINIA ▪ : ;owl
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The foregoing instrument was acknowledged before me this Cl day of 20 I
by_TiA,Ailf,.411 Grantor.
My Commission Expires: q-
Notary Public
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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. 14.2 1 2,14-226,14-
229, 14_232(13)and 14-236.
C.Plat requirements and documents to he submitted:Sections 14-300, 14-301, 14-302(A)(1).(3),(4).(5).(6),(7),
(9),(10),(11),(13),(14)and(15). 14-302(13)(1),(2),(4),(55),(6),(7),(8),(9)and(10), 14-303(A),(13),(C),(0),
(E).(1'),(11).(1),(L),(M).(N),(0),(P),(Q)and(S), 14-304, 14-305(13). 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(13)(1).then also sections 14-316, 14-406,14-410(F)and 14-
4 I2(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.
(a`18-37(part).9-5-96.1-3-96.4-13-88.12-2140,1047-79.8-28-74;ti t8-58(lout),9-5.96.8-28-74,1988 Cosk:.it 18-57.18.58;Ord.98-A(I O.7-15-
98:Ord.O5-I4(I 1,4-20-05,effective 6-2O-05)Sufic law reference—Va.Code*fit 15.2-2241(9).152-22441 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.
13.The subdivider has not previously divided any other land within the county by family subdivision for transfer
by sale or gill to the same family member.
C.Each 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 party.
(9-5-96,1-3-96.4-13-88.12-21-83.10-17-79.8-28.74;1988 C,xk:,¢18.57;Ord.98-A(11.7-13-98:Ord.O5-I4(1).4-20-05.effective 6-20-051
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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.
di 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 family 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 he 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(lithe 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.lithe lot created is conveyed hack 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 he issued for the lots until they are recombined.]
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.
I).The following note shall be added to each plat fora 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 I4-212(A)of the Albemarle County Code.If any lot
created by the recordation of this plat is conveyed hack to the grantor during the four(4)year period.it shall be
recombined with the parent lot within six(6)months after such convey ance.-
(9-S-96.1-3-96 4-1:1-tis,12-21413,10-17-79.8-28-74.1935 to&§IN-57,Ord.98-A11),7-13.9$:Ord 03-14t 11.4-20-03.effective 6-20-05;Ord.
08-14(11,2-6-081
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