The URL can be used to link to this page

Home My WebLink AboutSUB201900154 Agreements 2019-12-02 Prepared by: Robert Peery PARCEL ID: 04700-00-00-00200 DECLARATION THIS DECLARATION is made this 2nd day of December, 2019 by Rachel P. Peery, Trustee of the Rachel P. Peery Revocable Trust(the"Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 448.48 acres, more or less, known as Tax Map 47 Parcel 2 (the "Property"), as shown on the plat identified as "Plat Showing New Parcel 'X', Division of Tax Map 47 Parcel 2", dated October 1, 2019, made by Roudabush Gale and Associates, 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 "New Parcel `X"', containing 2.0 acres, and "Revised TMP 47-2," containing 446.48 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 New Parcel "X" and Revised TMP 47-2, 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 New Parcel"X"and Revised TMP 47-2 as further.shown on the Plat. 2. Neither New Parcel "X" or Revised TMP 47-2 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. RACHEL P.PEERY REVOCABLE TRUST By: (Seal) chel P. ee rus COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Albemarle,to wit; RP y) The foregoing instrument was acknowledged before me this I 0 day of. ]GV1k,lQlq, 20)by Rachel P. Peery, Trustee,on behalf of the Rachel P.Peery Revocable Trust. My commission expires: 51.51 Notary Public Teresa S.Russell Notary Public Reg#101487 ti Commonwealth of i ' ti My Commission Expires 7 k. I1 Prepared by Robert Peery Albemarle County Parcel ID#04700-00-00-00200 PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this 2nd day of December, 2019, by Rachel P. Peery, Trustee of the Rachel P. Peery Revocable Trust (hereinafter, the "Declarant"), whose address is 3408 Riverview Farm Road, Charlottesville VA. 22911 WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Parcel ID# 04700-00-00-00200; and WHEREAS, Albemarle County Parcel ID # 04700-00-00-00200 is being subdivided by the Declarant into "Revised TMP 47-2" and "New Parcel `X"', both as shown and described on a plat by Roudabush, Gale and Associates, Inc. dated October 1, 2019, a copy of which is attached hereto and incorporated herein by reference(hereinafter, the"Plat"); and WHEREAS, the access easement shown on the Plat is to be a new 30 feet wide non-exclusive ingress and egress easement(hereinafter,the"Street")for the use and benefit of New Parcel"X", shown on the Plat. NOW,THEREFORE,for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes the following obligations upon New Parcel «X» 1. MINIMUM STANDARD: The Street shall be maintained in perpetuity to a standard that, at a minimum, ensures that it will remain in substantially the same condition it was in when approved by the County:a 10 foot wide base of gravel or a superior surface as agreed to in the future via supplemental declaration. 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. 2. DEFINITIONS: 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 term "to maintain," or any derivation of that verb, includes the maintenance,replacement,reconstruction and correction of defects or damage. 3. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners,provided that in the event that(a)one or more of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency 1 vehicles at all times (except in severe temporary weather conditions), and (b) such owner(s)give(s) 30 days prior written notice to all other owners using the Street, such owner(s)may commence or contract to bring the Street to the minimum standard, and the resulting costs shall be the responsibility of all owners using the Street. 4. DEFAULTING OWNER(S): If any owner(s) fail(s) to pay their proportionate share of the costs of maintenance or repair for which they are responsible, as provided hereinabove,any other owner(s)not in default or the person or corporation performing such maintenance may, after 30 days written notice to the defaulting parcel owner(s), bring an action of law against each defaulting parcel owner(s) 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 to secure the payment of any defaulting parcel owner(s)' proportional share of maintenance or repair. The amount due by any delinquent owner(s) will bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance. The delinquent owner(s) shall be liable for all costs of collection, including reasonable attorney's fees. 5. COST OF MAINTENANCE: The owner(s) of New Parcel "X" shall be responsible for the cost of the maintenance of and/or repair to the Street, from Laurel Cove Road to New Parcel "X". Any further division shall require the reassessment of cost to be equally shared by all owners using the Street. 6. No public agency,including the Virginia Department of Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any improvement identified herein. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized.agent. RACHEL P.PEERY REVOCABLE TRUST BY: Rachel P. Pee , Trustee STATE OF VIRGINIA AT LARGE 41/COUNTY OF C.44 LD-r-t Est/I WE,to-wit: The foregoing Declaration was acknowledged before me this (0 day of TA L'4 , 20 20 , by Rachel P. Peery, Trustee of the Rachel P. Peery Revocable Trust. Notary P blic My commission expires: I al I 20 �) Teresa S.Russell Notary Public ti Reg#101487 Commonwealth of Vi :in' 2 My Commission Expires • tc, _,,i✓er r.:rr:.. .sir _.`.i rY ram„