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Home My WebLink AboutZMA202100011 Other 2021-09-24are signed to the foregoing writing, bearing date on the 12th day of May, (Downing Cox,Jr.&c ITo: B & S (Austin T.Durrer,Jr et al Fee $ 5.00 Tax 2.70 Tran 1.00 Plat 2.00 Paid 10.70 a^t,: a. s o,vvin, j,,. as t /3,W 1 1958, have acknowledged the same before me in my said County. My commission expires: November 29, 1960. Given under my hand this 12th day of May, 1958. Joyce Fox, Notary Public VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, May 12, 1958. This deed was presented to me in said office and with certificate annexed admitted to record at 3:50 P. M. And $2.75 stamp affixed. Teste: Clerk THIS DEED, made this 12th day of May, 1958, by and between Downing Cox, Jr. and Phyllis A. Cod(, his wife, hereinafter called Grantors, of the first part, and Austin T. Durrer, Jr. and Emily R. Durrer, his wife, herein- after called Grantees, of the second part, W I T N E S S E T H: That for and in consideration of the sum of $1,800.00, cash in hand paid, receipt whereof is hereby acknowledged, the said Grantors do here GRANT, BARGAIN, SELL and CONVEY, with GENERAL WARRANTY OF TITLE, unto the said Austin T. Durrer, Jr. and Emily R. Durrer, husband and wife, as tenants by the entirety with full rights of survivorship as at common law, and not as tenants in common, the following real estate, namely: All that certain lot or parcel of land fronting 100 feet on the southern side of Rio Road (State Road 631) in Charlottesville Magisterial District of Albemarle County, Virginia, and known and designated as Lot No. 3 on plat of William S. Roudabush, Jr., dated May 30, 1957, hereto attached and incorporated by reference as part of this deed. The lot hereby conveyed is a part of a tract of 5 acres of land which was acquired by Grantors from George H. Nuttycombe, divorced, by deed dated April 10, 1957, and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 331, page 481. Said property hereby conveyed is subject to easements for pole line rights of way granted respectively to the Virginia Electric and Power Company and Virginia Telephone and Telegraph Company by deeds dated March 14, 1947 and April 12, 1948 and recorded in said Clerk's Office in Deed Book 273, page 215, and Deed Book 278, page 542. There is a well located on Lot No. 2, shown on the attached plat, approximately 125 feet south from the public road (State Road No. 631) and it is believed that the flow of water from said well is adequate to serve all five of the lots shown on said plat. In this belief, the Grantors herein hav installed an electric pump in said well and have laid, or promptly will lay, a one -inch pipe line connected with said pump and running substantially 549 parallel with said public road so as to afford connections on each of said five lot's at points approximately 125 feet south from said road. The well, the pump, the other installations at the well, and pipe line will sometimes herein be referred to as "the water system". The Grantors, at the date of the execution and delivery of this deed, are the fee simple owners of said water system and it is intended that they and future owners of lot No. 2 shall continue to own said water system and that any future deed conveying any lot shown on said attached plat shall be so construed as to recognize said water system as part and parcel of said Lot No. 2. The Grantees in this deed, owhers of Lot No. 3, and each and all future owners of Lots 12 32 4 and 5 shall have only such rights and privilege: I I as are expressly granted unto them by the owners, present or future, of Lot No. 2. Subject to the foregoing statement and the terms and conditions hereinafter set out, the Grantors herein do hereby GRANT unto the Grantees in this deed, their heirs and assigns, owners of Lot No. 3, hereby conveyed, an equal, but non-exclusive, right with each of the present and future owners of the other four lots shown on said plat to connect onto said pipe line and to share in the reasonable use of the water from said well for one residence only on each of said five lots. (The words residence or dwelling as used herein shall be defined as a structure arranged to accomodat'e separately one or two families.) This carries with it the right of way hereby granted the several lot owners over intervening lots for the purpose of repairing and maintaining said water system. However, the owner, or owners, of each lot exercising said right (other than Lot No. 2) shall pay the owner, or owners, of Lot No. 2 $3.00 per month for the use of the water and to defray the cost of the electricity to operate the pump, but reserve the right to discontinue using said water at any time by giving notice to the owner, or owners, of said Lot No. 2. The Owner, or owners, of Lot No. 2 shall keep the water pump in good repair, shall be responsible for keeping the well and its surroundings in a clean condition, and shall be obligated to pay for the electricity to operate said pump. Should the supply of water from said well at any time become in- adequate to supply the needs of those lot owners who have exercised the right to use said water, the right shall be terminated, in the following order: ' Lot No. 51, 4, 3 and 1. The decision to terminate said right and to give rea- sonable notice thereof shall rest with the owner, or owners, of Lot No. 2. Any lot owner, or owners, whose right to use the water has been terminated because of an inadequate supply of water may at his, or their, own expense assure themselves of that fact by testing said well. The right to use said water shall not be terminated by the owner, or owners, of Lot No. 2 except for non-payment of the water rent, as set forth above, or because of an inadequate supply of water. The lot owners exercising the right to use water from said well shall be limited to a reasonable use thereof and this limitation shall also apply to Lot No. 2. 55 n The Grantors herein make no warranty as to the quanity or quality of the available water from said well at any time. All lots shown on said plat are further made subject to the follow- ing restrictions as covenants running with the land which shall be binding upon said Grantees and all subsequent owners of the property for a period of twenty years from the date of this deed: 1. No residence or dwelling house shall be erected or kept up on said land consisting of less than four rooms and one bath. 2. The dwelling erected on said lots shall have an exterior wall construction of clay -brick or wood. No residence or dwelling house shall have an exterior wall construction of cinderblock or cinderbrick with the exception of the foundation walls, which may be constructed of cinderblock. , The foregoing restrictions shall be mutually enforceable by the respective owners of all of said lots; and if any owners of any of said lots shall violate or attempt to violate the restrictive covenants affecting the lot of which they are owners as aforesaid, any person owning lots described on the plat aforesaid may prosecute any proceeding to prevent suc -h violation or recover damages in consequence thereof. Subject to the restrictions, covenants and easements aforesaid, the Grantors covenant that they are seized in fee simple of the property here- by conveyed; that they have a perfect right to convey the same; that said pro- perty is free from encumbrances of any kind, and that they will execute such further assurances as may be requisite to secure to said Grantees quiet possession and complete enjoyment thereof. WITNESS the following signatures and seals. Downing Cox, Jr. (SEAL) Phyllis A. Cox (SEAL) STATE OF VIRGINIA I COUNTY OF ALBEMARLE, to -wit: I. Shirley A. Tomlin, a Notary Public in and for the County and State aforesaid, hereby certify that Downing Cox, Jr. and Phyllis A. Cox, his wife, whose names are signed to the foregoing deed dated May 12, 1958, have, and each has acknowledged the same before me in my County and State aforesaid Given under my hand this 12th day of May, 1958. My commission expires: September 24, 1959. Shirley A. Tomlin, Notary Public I ' SEE PLAT NEXT PAGE! , 551 PLAT SHOWING A DIVISION OF A PARCEL OF LAND BELONGING TO D041NING COX, JR. AND BEING'THE PROPERTY ACQUIRED FROM GEORGE H. NUTTYCOMBE, N. E. OF VIRGINIA, IN ALBEMARLE COUNTY, SCALE: 1" = 1001. May 30, 1957. William S. Roudabush,Jr. Certified Land Surveyor VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, May 12, 1958. This deed was presented to me in said office and with certificate annexed admitted to record at 5:00 P. M. And $2.20 stamp affixed & Plat attached. Teste: c. Clerk THIS DEED, made this 8th day of May, 1958, by and between The County School Board of Albemarle County, party of the first part, and Lillie S. Lawrence and Mamie S. Boykin, parties of the second part, W I T N E S S E T H: WHEREAS, at a regular meeting held on the 8th day of September, 1955, The County School Board of Albemarle County passed a resolution author ing the conveyance of that certain portion found to be not in use for their needs of a parcel or lot of land sixty feet by ninety feet fronting on State Route #743 (Hydraulic Road), acquired by the said Board for use as a pumping u �X , The County School Board of Albemarle County To: B & S Lillie S.Lawrence,l et al Fee $ 4.50 Tax .15 Tran 1.00 Paid $ 5.65 9� 7�1 )A, 0