HomeMy WebLinkAboutSUB200000056 Agreements 2000-05-16 •
PREPARED BY: FRANCES COLES SEBRING
THIS DEED OF GIFT made this 16th day of May, 2000, by and between
MAYNARD A. WOOD, JR. and EVELYN M. WOOD, husband and wife,
Grantors, and JEFF M. WOOD and STEPHANIE D. WOOD, husband and wife,
Grantees, whose address is 1004 Daniel Morris Lane, Charlottesville, Virginia
22902
WITNESSETH :
c•, That for and in consideration of the love and affections between the
Grantors and the Grantees, and pursuant to a family division as set forth in §14-
208 of the Albemarle County Code, the Grantors do hereby GIVE, GRANT AND
CONVEY, with GENERAL WARRANTY and ENGLISH COVENANTS OF
TITLE unto the Grantees, the son and daughter-in-law of the Grantors, as tenants
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by the entirety with full rights of survivorship as at common law, and not as
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tenants in common:
° All that certain lot or parcel of land situated in Albemarle County,
Virginia, containing 2.087 acres, more or less, being more particularly
described as New Parcel 1A(2) on a plat by Robert W. Coleman, Jr.,
C.L.S., dated May 18, 2000, titled "Plat Showing Family Division Of
2.087 Acres From Tax Map 102 Parcel lA Located Off State Route 20
Shown As Parcel 1A(2)", attached hereto and recorded herewith;
TOGETHER WITH a non-exclusive right of ingress and egress 30 foot
access easement over Tax Map 102 Parcel lA to Daniel Morris Lane;
AND BEING a portion of the same property conveyed to the Grantors by
deed of Richard S. Hunter and Ann M. Hunter, husband and wife, dated
October 19, 1977, and recorded in the Clerk's Office of the Circuit Court
of Albemarle County, Virginia, in Deed Book 634, page 398.
WHEREAS, the Parties hereto have agreed to enter into an Agreement
providing for the maintenance of said road and do therefore declare and covenant
as follows:
1. Each lot shall bear and pay an equal one-half share of the costs for
repair and maintenance of the road over the jointly used portion, to the point
where either driveway veers from the joint road. Each party will maintain their
own portion from that point.
2. The roadway shall be maintained in its present condition and width as
installed and so as to allow reasonable and safe access of standard passenger
automobiles in all but severe weather.
3. Either Lot Owner may initiate repairs or maintenance by first
informing the other in writing of his intention and the extent of the work sought.
If no objection is received within ten (10) days of such notice, then the initiating
Owner may proceed with the work. However, no notice for initiating the removal
of impassable obstruction shall be required. Each Owner shall pay his share of the
costs to the contractor and/or materialman prior to the payment due date specified
on any bill for work or materials.
4. There shall be a continuing lien upon each of the said parcels to
secure the payment of the charges herein provided for the right-of-way repairs or
maintenance, but such lien shall at all times be subject to and first or second deeds
of trust placed on the property at any time until notice of non-payment shall have
been recorded as hereinafter provided. If the share of any cost of repairs or
maintenance due hereunder is not paid by any Owner of any said parcels when
due, a notice of such non-payment as to such parcel may be recorded by any other
parcel Owner or by the person or corporation performing such repairs or
maintenance in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, and from the time of the amount stated, in the notice, with interest, costs
and reasonable attorney's fees, shall become a lien prior to any deeds of trust
recorded subsequently to the recording of such notice.
5. If agreement cannot be reached as to the need for maintenance and
repairs, then the party desiring the work may proceed to enforce these covenants
by legal action with all costs and reasonable attorney's fees incurred therein to be
awarded the prevailing party.
6. The matters set forth in this Agreement shall run with the land and
shall be binding upon the successors in interest, heirs and assigns of the
Declarants.
7. The existing road is not a public road and no public agency, including
the Virginia Department of Transportation and the county, will be responsible for
maintaining the improvement.
8. For the purposes of this instrument, maintenance of the private roads
shall include maintenance of the roads, curb, gutter, drainage facilities, utilities or
other road improvements, and the removal of snow, water or debris so as to keep
the road reasonably open for usage.
This conveyance is made expressly subject to easements, restrictions,
conditions, and reservations contained in duly recorded deeds, plats, and other
instruments constituting constructive notice in the chain of title to the property
hereby conveyed, which have not expired by limitation of time contained
therein or have not otherwise become ineffective.
This deed is exempt from recordation taxation pursuant to Virginia
Code Section 58.1-811.D.
WITNESS the following signatures and seals:
At..4,7)-4 -,•7 1r/oaof/ •[SEAL]
Ma A. Wood, Jr.
Y
o-�-0 [SEAL]
Evelyn . Wood
STATE of VIRGINIA
CITY of CHARLOTTESVILLE, to wit:
The foregoing deed was acknowledged before me this 254lay of May, 2000
by Maynard A. Wood, Jr. and Evelyn M. Wood.
My commission expires: June 30, 2003
Notary Public
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