The URL can be used to link to this page

Home My WebLink AboutSUB199800126 Correspondence 1998-09-18 09/18/98 14:00 FAX 804 296 9861 Richmnd&Fishbrne fi1001/008 • TELEFAX TRANSMITTAL FORM RICHMAOTOD AEND FI YS AT LA BURNEW I Vr QUEEN CHARLOTTE SQUARE SEP 1 214 EAST HIGH STREET 8 199� P. 0. BOX 559 pin CHARLOTTESVILLE, VIRGINIA 22902-0559 ' c4, 11liflg rN f t # tt # (804) 977-8590 FAX (804) 296-9861 TO: Maynard Sipe FROM: Wendall Winn ADDRESS: DATE: September 18, 1998 FAX: 972-4035 PLEASE CALL TO CONFIRM RECEIPT: YES NO X This transmittal consists of 8 pages, including this cover sheet . NOTICE This FAX has been transmitted by an attorney. The information it contains is privileged and confidential and is intended for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly forbidden. If this communication has been received in error, please notify us by telephone immediately, collect if necessary. 09/18/98 14:01 FAX 804 296 9861 Richmnd&Fishbrne 002/008 RICHMOND AND FISHBURNE, L.L.P. ATTORNEYS AT LAW .TOSEPFI ' , RIc5NOND,JR. QUEEN CHARLOTTE SQUARE JOSEPH W. RICHMOND WENDALL L,WII:_\-, JR, KATTHEw I1_MrtiRRAY 21a EAST HIGH STREET IP16-I9do) THOMA$ C.NOLAN P. 0 BOX 559 .STJ=v IT:5i R.FISHBTIRNE JOSEPH J1.cocARAN CRARLOTTESv ILLH,VIRGINIA 22902-055 9 f1913-109] MARK J. NELSON PATRTCIA P. SHIELDS (806) 977-6690 FAX ce06} 29e-9e61 D E130RgH T. GARREN E-M(AIL'richfishOrichrish,com OF COZJNSEL. ALSO ADM.1TSrn IN DC September 18, 1998 VIA FACSIMILE: 972-4035 Mr. Maynard Sipe Albemarle County Department of Planning Re: Robert A. Coerver, Jr_ , Trustee, and Phyllis Jones Tax Map 40, Parcel 43 Plat Showing a Subdivision of Parcel "X" being a Portion of Tax Map 40, Parcel 43 Dear Maynard: I received your voicemail message, and I have made the revisions that you requested_ Jay Taggart is revising the plat to show the 30-foot width for the easement. I am enclosing the revised Private Driveway Declaration for your review and approval . I am forwarding the original to Robert Coerver, Jr . , trustee, with the request that he sign it, have it notarized, and return it to me. I should have it by Monday. I would appreciate it if you would review the enclosed revised Agreement and let me know if any further changes are required. I am also sending a copy to Jay Taggart for his review and comment. Thank you for your cooperation. With kind regards, Sincerely, Wendall L. Winn, Jr. WLW/lg Enclosure cc w/enc: J. Taggart Phyllis Jones Robert A. Coerver, Jr. (via fax) 98\98-0720.2 09/18/98 14:01 FAX 804 296 9861 Richmnd&Fishbrne Z 003 008 PRIVATE DRIVEWAY DECLARATION THIS DECLARATION is made this day of September, 1998 by ROBERT A. COERVER, JR. , Trustee of the Robert A. Coerver Revocable Trust dated April 17, 1997, hereinafter referred to as "Declarant" W I T N E s s E T H : Recitals. Declarant owns Albemarle County Tax Map 40 Parcel 43 pursuant to a deed of NationsBank, N.A. , et al. , recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, (the "Clerk's Office") in Deed Book 1700, page 731. Declarant, pursuant to a plat by S. L. Key, Incorporated, Land Surveyors & Land Planners, dated July 22, 1998, revised August 13, 1998, and titled "Plat Showing A Subdivision Of Parcel "X" Being A Portion Of Tax Map 40 Parcel 43" (the "Plat") , has subdivided a two acre parcel shown on the Plat as Parcel "Z" and now wishes to establish a private driveway over and across Parcel Z and provide for its use and responsibility for maintenance and repair of the driveway and to bind himself, his successors and assigns, for liability, maintenance and repair of the driveway subject to charges of repair and maintenance and all valid amendments hereto. A copy of the Plat is attached to this declaration and recorded herewith. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreement provided herein, the Declarant hereby This document was prepared by Richmond and Fishburne, L.L.P.. 09/18/98 14:01 FAX 804 296 9861 Richmnd&Fishbrne Z1004-'008 DECLARES and COVENANTS as follows: 1. A non-exclusive private access easement is hereby established over and across Parcel Z, which is shown and described on the Plat as "30' Ingress Egress Esmt. " (the "Access Easement") for access to and from the residue of Tax Map 40 Parcel 43 (located on the north side of State Route 810) and State Route 810. 2 . The Access Easement shall exist for the private enjoyment and use of the owners of Parcel Z and the residue of Tax Map 40 Parcel 43 (located on the north side of State Route 810) . 3 . The cost of repair, maintenance, upkeep, improvement, or replacement of the Access Easement and driveway located therein will not be borne by the County of Albemarle, the State of Virginia, or any public agency, but shall rather be the responsibility of the owners as set forth below. 4. The cost of repair, maintenance, upkeep, and improvement or replacement of the Access Easement and driveway located therein shall be the joint and equal responsibility of the owners of Parcel "Z" and the residue of Tax Map 40 Parcel 43 (located in the north side of State Route 810) . In the event that the residue of Tax Map 40, Parcel 43 is further subdivided, or if in the future the Access Easement is used by more than two (2) owners, then the cost of repair, maintenance, upkeep, improvement or replacement of the Access Easement and 2 09/18/98 14:02 FAX 804 296 9861 Richmnd&Fishbrne Z 005%008 driveway located therein shall be paid on a pro rata basis in equal shares by all the owners using said Access Easement. For example, if the residue of Tax Map 40, Parcel 43 is further subdivided into three parcels, or if there are three owners using the Access Easement in addition to the owner of Parcel "Z, " then the cost of maintenance would be pro rated in such a way that each owner would pay twenty-five percent (25%) of the cost of maintenance of said Access Easement. 5. In the event any responsible owner shall fail to contribute his pro rata share to the cost of maintenance of said Access Easement, the other owners responsible for maintenance of said Access Easement shall have the right to order the necessary work to be done, and may thereafter record in the Clerk's Office of the Circuit Court of Albemarle County a Notice of Lien against the owner of the other parcel for its proportionate cost of maintenance, which filing shall create a continuing lien against the other parcel, the amount of which shall include interest at the legal rate for judgments then prevailing, plus any costs of collection, including reasonable attorney's fees. Said lien shall be subordinate to any liens recorded prior to the recordation of the above-said Notice of Lien. At any time prior to the foreclosure of such a lien, the parcel owner against whose parcel such a Notice of Lien has been 3 09/18/98 14:02 FAX 804 296 9861 Richmnd&Fishbrne 006.008 filed may bring suit in the Circuit Court of Albemarle County to quash the lien, with said court determining whether or not such maintenance was, in fact, reasonably necessary. The party in whose favor such a proceeding is ultimately decided shall have the right to recover its costs incurred, including reasonable attorney's fees. 6. The obligation to contribute toward maintenance of the Access Easement and the driveway located therein shall arise at any time that a majority of the owners responsible for maintenance shall agree in writing that such maintenance is required. If any owner shall operate heavy equipment across said Access Easement and driveway and shall thereby cause damage, he shall be responsible for all of the repair of said damage. 7 . This declaration shall be a covenant running with the land and binding upon successors and assigns of the owners of said parcels. WITNESS the following signature and seal: (SEAL) ROBERT A. COERVER, JR. , Trustee 4 09/18/98 14:02 FAX 804 296 9861 Richmnd&Fishbrne Z007'008 STATE OF NEW HAMPSHIRE CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of September, 1998 by Robert A. Coerver, Jr. , Trustee of the Robert A. Coerver Revocable Trust dated April 17, 1997 . My Commission expires: Notary Public 98-coerver.dec 5 09 18.98 14: 03 FAX 801 296 9861 Richmnd&Fishbrne Z 008/008 ' SEP-14-98 MON 14 :01 STEVE KEY, INC. . Approved for Recordation- 2COURSES ALONG • 20' INGRESS—EGRESS \,. tip.Nee EASEMENT FRON A TO '1r BEARING DISTANCE — . ' \ $5Qo559'w- 23.96' , N6T40'25tW 46.07' N14S4'S4`E• 47.S3' _ 401'10'16v 137.41- n el Kanne•th M. ,yaupin Estate ' N 7M 40, Pd. 41 o r'a�y DB 311/304 0^ lit \ `� I.P.F. I 1 i w 90 to ` L 1 )1s• Z Vicinity )tiep 1' 2000' i. y*L 3 1Besidue >~ i Parcel -X' tea '{ .) �yS`s o� , A Portion of _ (/ /' TM 40, Pol. 43 l RP :O - >/•'�".. 24.642 Ac. I.R.s � � k Ors/WARra eseers / N -/,-'Ir F Na Ve —2.009 Ac ( l ` £grass Csmt. \/ 22.642 \Ac. 1 'r.refo9a 1 } o► 1_ o.r+.rPct 43: Retnt A Corner. Jr.. Teats • ,,t : / ! R 4 LANA A. Coerce. Jr. R.racob o ThW. l 1 7b Nod Book 1700, Pegs 731. l I Nouse l l co A2. LPL r Iron Pipe Found_ •\ I.R.S. .-,., �s� N 3. I.R.S. r ken Plod 5ct .>. k . �� L �� 4 LRf. r Iron Rod Found. a+i''� s?1.'c J. 1 ��, ;,,p- �o, Q Q� G This I.R. Fpr�o�preeen 4 zoned in an area daalynalnd \ /9j jr`6c�Q as Lone't'(keas r7rty sinlrrot flmdsp) m *eon on •, ?• ` Pogo! flood Innrorce Rote Yap *Aid Dora. 16, 1960 irtinQ tZrrerse j Parr j 5r:006 0185 b. oro;rtratd --Si• S/ 7, Meld.. and Part*'2' contain at loot 30,CAD a f, -• of config ala one 1n siopm of kw too 2 x. ' .•` B. TAn kind ma nqulo iari bted Perin cm knposed ' '\ p rsuaI1t to Me Aftemer4 County Zoning ordinance k if on Via doto and art sheen far blot rotnm puRr"l Plat Showing a Subdivision of - 4^1 flak ,ts ,k, Via raid and Voir appearance on Ns plat to not Intended to 71 7 trt+�s tt+Rn m SIC*► Parcel X' Being a Portion of 90RPe.d�.�to*r�u (`)� mod toPmarl haugo. • Tax Map 40 Parcel 43 11. C •r Rdeeded. 11. +1E - O+.rr+.aa E}cMc. 12. OW .. D.efneod Telephone. Located on White Hall Rd. (S.R. 810) 13, Sancti: Front•75'. Sldr.2S'. R,oro35'. lnterra Road=25- 14. This pr4+ati rod ell provide rs,obk oeeees by White Hall District molar eiick" as "'Quit° by won 16-36 a tm Moornu County C . . Albemarle County, Virginia 1s. Residue end Parse -r must acearo Stan. Route Bic erg�ros Esheensortoet sheen Parson. 1a. Ono dealing per P �� t/ t---t-Nr sr r ,•-• I r, C.-&v 1 OWNERS APPROVAL; r,...iL 1✓ L ` L/ ' tr„4. 4 The division of load described herein is w;th the free consent and in accordance .Ith the d.elrrs of the unCersl9ned owners, proprietors. and trtasta.a. My reference to future potential de-elopment la to b. Date; July 22, 1995 Ooemed tlleoreliaa! only. All statements of}ixad to Revised; Aug. 13, 1998 (county comments) Lhls :t o true on come to the best of my '� 0 100 e 50 rr r50 200 * Scale: 1` Pa 100' INCORPORATED Surveyors Statement; LARD SURvXroRS NOTARY PUBLIC: On Jan. 30. 194E I mode a field survey of per & The for.9nrnc lnstrvment woe acknowledged record d..crcpt,on of the proper ehovn on this Plot, To the best of my knowledge and belief this LAND pz.„01.2,aps before„.4re thzi day of in o true and accurate plat. P.O. Bo= ! 346 Charlottesville, VA 22902 P.O. 9T1t—$339 ,, ,a.�+1 ^� � rl�yt� r_S. �r/so—cee—tom NV tom m�s.on gP7re�:I�u ee �L��L `, 98-088—CO