HomeMy WebLinkAboutSUB202000217 Other 2021-04-19PREPARED BY: Ashleigh M. Pivonka, VSB# 89492
Zunka, Milnor & Carter, Ltd.
414 Park Street
Charlottesville, VA 22902
TMP#: 131-25 (Albemarle); 36-24-Al (Fluvanna)
131-25E (Albemarle); 36-A-AI (Fluvanna)
DECLARATION
THIS DECLARATION is made this _ day of 2021,
by Ann Susan Gilbert ("Declarant").
WITNESSETH:
WHEREAS, the Declarant is the owner of the following properties: TMP#: 131-25
(Albemarle)/36-24-Al (Fluvanna) currently containing 14.30 acres, more or less and 131-25E
(Albemarle)/36-A-Al (Fluvanna) currently containing 38.4 acres more or less, (the
"Properties"). Said Properties are shown on the plat identified as "Family Subdivision Plat, Lot
IA & Lot 113, A Division of Lot 1, Jefferson Mill Subdivision, and Lot I IA & Lot 1113, A
Division of Former Lot 11, Jefferson Mill Subdivision, Also New 30' Variable Width Private
Street Easement Located on State Route 622 (Albevanna Spring Road) And Hardware River
Scottsville Magisterial District, Albemarle County, Virginia and Cunningham Magisterial
Distrct, Fluvanna County, Virginia" 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 IA,
containing 6.10 acres, Lot 1B containing 10.60 acres and Lot I IA containing 28.12 acres and Lot
I I containing 21.94 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 IA, Lot 1B, Lot I IA and Lot 1113 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 IA, Lot 1B, Lot I IA and Lot 1113 as
further shown on the Plat.
2. Neither Lot IA, Lot 113, Lot IIA and Lot 1113, 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 any 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.
(SEAL)
Ann Susan Gilbert
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF I to -wit:
The foregoing instrument was acknowledged before me this _ day of
2021, by Ann Susan Gilbert.
My commission expires:
Notary Registration Number:
Notary Public