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Home My WebLink AboutSUB202000217 Declaration Family Division Plat 2021-04-26 4 � • PREPARED BY: Ashleigh M. Pivonka,VSB# 89492 Zunka, Milnor& Carter, Ltd. 414 Park Street Charlottesville, VA 22902 TMP#: 131-25 (Albemarle); 36-24-AI (Fluvanna) 131-25E(Albemarle); 36-A-Al (Fluvanna) DECLARATION THIS DECLARATION is made thisaitay of t , 2021, by Ann Susan Gilbert("Declarant"). WITNES SETH: WHEREAS, the Declarant is the owner of the following properties: TMP#: 131-25 (Albemarle)/36-24-A1 (Fluvanna) currently containing 14.30 acres,more or less and 131-25E (Albemarle)/36-A-A1 (Fluvanna) currently containing 38.4 acres more or less, (the "Properties"). Said Properties are shown on the plat identified as "Family Subdivision Plat, Lot 1A&Lot 1B, A Division of Lot 1, Jefferson Mill Subdivision, and Lot 11A&Lot 11B,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 1A, containing 6.10 acres, Lot 1B containing 10.60 acres and Lot 11A containing 28.12 acres and Lot 11B 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 1A, Lot 1B, Lot 11A and Lot 11B 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 1A, Lot 1B, Lot 11A and Lot 11B as further shown on the Plat. 2. Neither Lot 1A, Lot 1B, Lot 11A and Lot 11B, 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 s conveyance and no building permits shall be issued for the lots until they are recombined. I ' faf � (SEAL) Ann Susan Gilbert COMMO EALTH OF VIRGINIA, CITY FOUL i 1 OF A ( y yy.o.r , to-wit: The foregoing instrument was acknowledged before me this` ay of l , 2021,by Ann Susan Gilbert. My commission expires: ‹)Llone., Notary Registration Number: ) 5 g 13 O I &Ott Notary Public _WAGON I.... N‘COLE j, •• A��•• ao z MY • COMMISSION S Q Z NUMBER .` • • ' 7858301 • e .•. '�. ALTN , ° , ropi II ' COUNTY OF ALBEMARLE T FAMILY SUBDIVISION AFFIDAVIT ter`` , .,...4 ilrit*y-,.. 4�.'YI:. st,.,., ...07./y . , r,,i,ciw ,,,, COUNTY OF ALBEMARLE 1+ AFFIDAVIT Verifyine Family Relationship of Grantor to Grantee I 1, Ann Susan Gilbert ,(property owner/Grantor)hereby certify that the subdivision of Tax Map 131 Parcel 25&ris as mity 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 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. ;1 Grantee(s) Relationship to grantor Parcel/Lot i N/A(Residue) Lot 1A,6.10 Acres 3i! Joseph S. Gilbert Son Lot 1 B, 10.60 Acres N/A(Residue) Lot 11A, 28.12 Acres Christopher R. Gilbert Son Lot 11 B, 21.94 Acres W44.44--Lida,: l Zk • ! V V / ZOZ 0 afisQiC&Fa r, Property Owner/Grantor D.to c• •.�;.•' • Viit., . is} Property Cy1.£7.5L •• COMMONWEALTH O VIRGINIA ' • ��`'�`�\�NassnAm ' ,.1CITY/COUNTY OF Ps4't4 tV P ••,0 AN , 1 ; Nti) Q; The foregoing instrument was acknowledged before me this,a'/day of OCA)t }t?r ,200C)by �o`�� •()ci A-z AhVi 6;t` Y Grant r. 'o, :164 ; ,, t �llll t1/11��` My Commission Expires: �� Aavri:/,_,R ),,,,, giect,,,3 Notary Public • iSec 14-106 Definitions ' Family subdivision. The term "family subdivision"means the single division of property for the purpose of sale or gift to a member of the immediate family of the owner of the property. r Member of the immediate family. The term"member of the immediate family" means the natural or le- gaily defined off-spring,grandchild,grandparent,or parent of the owner of property. CU T132 Main Street P.O.Box 540 COUNTY OF FLUVANNA Palmyra,VA22963 �. .? (434)591-1910 ♦r ' "Responsive &Responsible Government" Fax(434)591-1911 771 ' www.fluvannacounty.org May 5, 2021 Ann Susan Gilbert 251 Albevanna Lane Scottsville, VA 24590 Zunka, Milnor, & Carter, Ltd. 414 Park Street P.O. Box 1567 Charlottesville, VA 22902 Attn: Ashleigh Pivonka SUB 20:42 Gilbert Family Division Plats Tax Map 36-A-Al & 36-24-Al We have reviewed the final Family Division Plats that were submitted to our office and we have approved them for recordation purposes. Note that all approved plats that are not recorded within six (6) months of their approval date are void per Subdivision Ordinance Section 19-3-6.3. If you do have any questions or comments, please contact me at 434.591.1910 or via jverstreet@fluvannacounty.org for any assistance with this family division request. Sincerely, 540,0ot f Wuu/eet Jason Overstreet Senior Planner Copy: File APivonka@zmc-law.com brian@raysurveying.com I