HomeMy WebLinkAboutSUB200200107 Agreements 2002-08-30 �/
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Prepared by: Stephen P. Plaskon, Albemarle County Tax Map 58, Parcel 98
THIS DECLARATION OF SUBDIVISION AND JOINT ACCESS
EASEMENT is made this 16th day of August, 2002, by STEPHEN P.
PLASKON and SUE A. PLASKON, herein jointly and severally the
Declarant, whose address is: "Orchard Hill" P.O. Box 460, Ivy, Virginia,
22945, provides:
The Declarant is the fee simple owner of those certain lots or parcels
of land with improvements thereon and appurtenances thereto, situated in
Albemarle County, Virginia, on the northeast side of State Route 637,
currently assessed as containing 7.282 acres in the aggregate, being
comprised of four parcels more particularly described as follows: Parcel
One: Two acres, more or less, as shown on a plat by Hugh F. Simms,
S.A.C., recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia, in Deed Book 170, page 35; Parcel Two: 1.94 acres, more
or less, as shown on a plat by Hugh F. Simms, S.A.C., dated November
1919, recorded in the said Clerk's Office in Deed Book 171, page 390;
Parcel Three: 2.18 acres, more or less, as surveyed by Hugh F. Simms,
S.A.C., dated January, 1920, bounded as follows: Beginning at a post corner
to Misses Worthington, thence new lines with W.H. Thayer N.29 E. 130 feet
to a stake, S. 68 1/4 E. 506 feet in the line of H.O. Nevin Estate, thence with
his line S. 28 1/4 W. 248 feet to an oak pointed corner to Misses
Worthington, thence with their lines N. 55 W. 508 feet to the beginning; and
Parcel Four: 1.00 acre, more or less, as shown on a plat by Hugh F. Simms,
S.A.C., dated April, 1924, recorded in the said Clerk's Office in Deed Book
187, page 591; all of which property is collectively known as Tax Map 58,
Parcel 98 on current Albemarle County, Virginia, tax maps, being the same
property conveyed to the Grantor by deed dated October 19, 2000, from
Rebecca A. Barlow, recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 1963, page 40 all of which is
referred to herein as the Property. The Declarant desires to effect a
subdivision of the Property into two (2) lots as shown on the attached
subdivision plat, dated April 17, 2002, prepared by Thomas B. Lincoln Land
Surveyor, captioned "Subdivision Plat Showing Lots 1 and 2 Being a
Division of Tax Map 58, Parcel 98, Located on State Route 637, Samuel
Miller District, Albemarle County, Virginia," herein the Plat, and to create a
easement of right-of-way for ingress from and egress to State Route 637 for
Lots 1 and 2 as shown on the Plat.
The Declarant on behalf of themselves, their successors and assigns
hereby declare the subdivision of the Property into Lot 1 containing 3.082
1
•
acres, and Lot 2 containing 4.2 acres, each as shown and described on the
Plat.
The Declarant further declares that the Lots shall be held, transferred,
sold, conveyed and occupied subject to the terms and conditions set forth
herein, all of which shall run with the Lots and shall be binding on all parties
having any right, title or interest in either Lot or any portion thereof, and
shall inure to the benefit of each owner thereof. This subdivision is made
with the consent and approval of the appropriate authorities of Albemarle
County, Virginia, as evidenced by the signatures set forth on the Plat.
Access Easement & Right of Way
The Declarant hereby declares the establishment of a thirty foot (30')
wide non-exclusive easement of right-of-way for ingress from and egress to
State Route 637 shown and described on the Plat as "New 30' Access
Easement", for the joint benefit of the owners of the lots and their invitees.
The Road •
a. Cost of Maintenance
The owners of each Lot shall be responsible for one-half of the costs of
maintenance and repair of the improvements lying within the easement
between State Route 637 and where the driveway serving only Lot 2
branches from the jointly used portion of the road lying within the
easement.
b. Maintenance & Repairs
Maintenance shall include, without limitation, repair of the road surface,
curb and gutters where applicable, ditches, drainage facilities, and
removal of snow (more than 5"), water and debris so as to keep the entire
length of the road lying with the easement open for reasonable usage by
standard 2 wheel drive passenger vehicles. This maintenance obligation
shall run with each Lot individually and in perpetuity. The road lying
within the easement shall be a private road and will not be maintained or
repaired by the Commonwealth of Virginia, the County of Albemarle or
any other public agency.
c. When to Maintain
In the event that any owner of a Lot deems that repairs should be made in
accordance with the standards set forth herein, he shall so notice the other
Lot owner in writing. The notice shall include a copy of a written
estimate for such repairs and/or maintenance. Any objection to the terms
of the notice must be in writing and delivered to the other Lot owner
within ten (10) days of the receipt of such notice. Failure to object in
2
writing in a timely manner shall be conclusively deemed to be an
acceptance of the terms set forth in the notice. After the maintenance or
repairs have been made the coordinating owner shall bill the other Lot
owner for his proportionate share of such expenses. There shall be no
obligation for any Lot owner to upgrade the road to a superior condition
than exists on the date hereof unless all Lot owners agree thereto in
writing; provided, however, that any individual Lot owner shall have the
right to upgrade the road to a superior condition at such parry's sole
expense.
d. Defaulting Owner
In the event that any Lot owner fails to pay his proportionate share of
such expenses within fifteen (15) days of receipt of such notice, then the
coordinating owner may cause the preparation of a statement of
delinquency in recordable form. The recordation of such a statement shall
in itself create a lien against the Lot whose owner has not contributed his
proportionate share of the costs. Once recorded such lien shall have
priority as to any subsequent liens recorded against such Lot, and shall
further be a personal liability of the owner of the subject Lot at the time
that the repairs or maintenance are effected. Any Lot owner may bring an
action at law or in equity against the Lot owner personally obligated to
pay any such delinquent assessment. Any costs incurred as a result of a
delay in paying the subject invoices, interest at the current legal rate from
the date of the recordation of the subject lien and the costs of such action,
including without limitation reasonable attomey's fees, shall be added to
the amount of such assessment. In addition, any Lot owner may enforce
the said lien by equitable foreclosure at any time within five (5) years
after the date on which the instrument creating it was recorded. Such
foreclosure shall be by bill of equity in the same manner as provided for
the foreclosure of deeds of trust. Should any Lot owner desire to
challenge the need for any noticed maintenance or repair he must do so
within ten (10) days of receipt of such notice. Failure to effect a written
challenge in a timely manner shall be conclusive proof of an
acknowledgment that the proposed maintenance and/or repairs fall within
the scope of the appropriate standard as set forth herein. If a written
challenge is made in a timely manner, the issue shall be referred to an
arbitrator chosen by the Lot owners. In the event that multiple owners of
any Lot fail to agree upon such vote, the vote pertaining to such Lot shall
be deemed an abstention. In the event that the Lot owners fail to agree
upon a single arbitrator, each Lot owner shall select one arbitrator and the
arbitrators so chosen shall select a third arbitrator to comprise the board
3
of arbitration. The determination of the arbitrator(s) shall be binding
upon all Lot owners, and shall not be subject to review or appeal, it being
the intention of these restrictions to preclude such matters from judicial
review. Each Lot shall bear one-half of the costs of the arbitration,
provided that each owner shall bear their own costs of representation.
e. Use & Extraordinary Damage
The Declarant on behalf of themselves, their personal representatives,
heirs, successors and assigns, hereby reserve the right to make any use of
the easement established by this Declaration which does not interfere
with the purposes for which the easement has been established and which
is not inconsistent with the rights granted hereby. If the owner of either
Lot or the agent or guest of any owner causes extraordinary damage to
any portion of the road within the easement, such owner shall promptly
cause the damage to be repaired at such owner's expense.
The owner of any Lot subject to this Declaration by acceptance of the deed
thereto, or the execution of a contract for the purchase thereof, shall be
bound by the terms and conditions of this Declaration, whether or not
specific reference hereto is made in such deed or contract.
Wherever applicable, the singular form of any word shall be taken to mean
the plural, the plural form of any word shall be taken to mean the singular,
and the masculine form shall be taken to mean the feminine or neuter.
4
With the attires and seals:
(SEAL)
S P N P. PLA KON
/44' A- (SEAL)
SUE A. PLASKON
Commonwealth of Virginia, County of Albemarle:
The foregoing Declaration of Subdivision and Joint Access
Easement was acknowledged and signed before the undersigned
Notary Public for the Commonwealth of Virginia, at large, by Stephen
P. Plaskon and Sue A. Plaskon, this 16th day of August, 2002.
My commission expires: ' ARV�nmmi;;inr,rrn'rut Cahn; r,;
4ce_ /0
tary Public
•
•
•
TRIP 58 - 97R • IMP 58 - 92B
SUBDIVISION PLAT SHOWING H. )ULCER HUNTER JR- FENCE +� ST SUE EA.PLASKON N P. 7�
LOTS 1 2 BEING DIVISION OF a CAROL R. HUNTER POST +
TAXO MAP AND PARCEL A98 ; O.B. 1858 P. 255 (DEED] D.B. 1077 P. 602 (PLAT) /
0 D.B. 579 P. 536 (PLAT] „ r'•- ! D.B. 1077 P. 60a LPLAT)
G� t D.B. 297 P 161(PLAT)
LOCATED ON STATE ROUTE 637 m �0• IF ,
SAMUEL MILLER DISTRICT o� �� TMP 56 - 92
ALBEMARLE COUNTY, VIRGINIA �� ry � STEPHEN P. /
Z & SUE A. PLASKON
SCALE: 1" = 100- APRIL 17, 2002 0 AT ti
y D.B. 818 P. 693 IDEED)
.i- 47a TO PENCE TMP 58-98 -"-Tr O.B. 447 P 287 (PLATI .1 D.B.
LEGENR _ :NTERSECT)ON POST
BF a BENT IRON FOUND STATE ROUTE 786 AND * LOT .
13 /
F , IRON FOUND STATE ROUTE 637 •�,
H .MOM SET .. 8.7f 4.200 AC. S71.42'10"E
N32'08'0$
,'W .' ' 3359' ,
TMP 58 - 92A
NOTE 21.81' ', '1 • • 7 JAMES H.8
�' F I ti
SUE H. WILLIS
POINTS "A' THRU "8" FOLLOW 1415'46'05 W- , 11 IS D.B. 754 P. 436 IOEEDI
CENTERLINE OF OLD ROAD BED 8946' • '' NOT'2T34'E DJ3. 754 P. 420 IPLATI
POINTS "B" THRU •C' FOLLOW Z t„I 11123 ' !S FErCE
CENTERLINE OF STATE ROUTE 637 wQ 1 I• ' POST \
COURSE DATA FROM i r S24'Of39'W --
POINT 'A' TO POINT 'B': ay W r AREA TABULATION 1t37'
r
ut MI-
082
•
�' i AC.--LOT•56'35"W 6.45' • \I-soCri •<. 04 A¢.-- UNOI•15'50'E 29.64' g r 7.282 AC.--EXIST. TMP 58-98NO3.21'I6'E 23.35' I I
N15'2E1'04'9 37.36' o3wr ;
N37.52'331 20.23' w
W -i r 11!11'36'38'E
N32'26'41'W 16. 17' 2 Y 95.82'
N38.49.20'W 23.42' n V�i 1$
1147.36'17'W 24.37• 'a CO i TRIP 66 . 100
COURSE DATA FROM NOS'tt LOT OT JOSEPH E. SEAGRAM
51.59'
POINT "A' TO POINT 'C" r"1 • 6 SONS..P.
ALONG CENTERL I NE NEW IMP 5B - 93 r r 3.082 AC, D.B. 882 527 !PLAT)
30' ACCESS EASEMENT: BLUE SPRINGS LAND ~ 0.$. 326 P. 138.524 (DEED)
CORPORATION 1,I N18.36'04'W '�� O.B. 326 P. 139 [PLAT)
N63'10'51'W 64.3T' D.B. 1341 P 121 I r 75.67' .s
N23'S7'ST'E 85.04' D.B. 1869 P 397 (PLAT)I ` • O' NEW 30` .e
D B 693 P. 26 (PLAT) , ' ACCESS AN16'38'27'E 20.46' , 2
N20.38'13'W 31,01' 440'59 , `, PONT "C
N41"52'49'W 26.33' 32.467W
�� 'I ''.' (POINT "EY , \ ` EASEMENT;,b
ire '
Op
OWNERS IMP 58-98: PROPERTY LNE FOR ,� 18 ) 1 �j, IT �1
STEPHEN P. AND46
SUSAN A. PLASKON IMP 58 - 95 FOLLOWS THE 1 ‘`
P.O. BOX 460 CENTERLINE OF EXISTNG , , .4 'J<�.
IVY, VA 22445 STATE ROUTE 637 �� - / / W
DB. 1963 P. 40 I
D.B. 428 P. 522 IDEE01 D.B. 172 P. 220 4DESC.1 PROPERTY LINE FOR I.
st.,
D.B. 504 P. 32 IEASE.I D.B. 171 P. 386 IPLATI TMP 58 - 96 FOLLOWS l I' ' / / Cat NO. q�
SITE
DB. 247 P. 248 (EASE.) D.B. 170 P. 34 IPLATI
DB. 187 P. 589 (PLAT) D.B. 145 P. 324 (PLAT/ THE CENTERLINE OF sI , /
`OLD ROAD BED r _...-/_...-/ • 61.J -•
POINT 'A' ` /
NO VICINITY MAP N T S.
I HEREBY CERTFY THAT THIS SUBDIVISJON 1a 901Yp
SURVEY. TO THE BEST OF MY PROFESSIONAL 24.8T56'35'W
KNOWLEDGE AND BELIEF. IS CORRECT AND
COMPLIES WITH THE MINIMUM PROCEDURES 1400'42'06'E r Bs , . La THOMAS B. LINCOLN LAND SURVEYOR INC.
AND STANDARDS ESTABLISHED BY THE VIRGINIA 37.74' I 8`M1 541
STATE BOARD OF ARCHITECTS. PROFESSIONAL I�' 671 BERKMAR CIRCLE
ENGINEERS. LAND SURVEYORS AND CERTIFIEDN65'09'35 W 47 r S3T04'16-W CHARLOTTESYILLE, VIRGINIA 22901
LANDSCAPE ARCHITECTS_ SHEET 2 OF 2 'MOO /! /�� 17.4o TMODEL SERVER C.\DATA9\ 100\ 0134ALTSUB.PRO100-0134-00
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SUBDIVISION PLAT SHOWING
LOTS 1 AND 2 BEING A DIVISION OF
TAX MAP 58 PARCEL 98 NOTES: 00
LOCATED ON STATE ROUTE 637 ONLY ONE DWELLING UNIT PER PARCEL. C3p
SAMUEL MILLER DISTRICT LD
LOTS I AND 2 ARE TO USE THE
ALBEMARLE COUNTY, VIRGINIA NEW 30' ACCESS EASEMENT A
WHICH FOLLOWS AN EXISTING
APRIL 17, 2002 GRAVEL ROAD FOR
ACCESS TO STATE ROUTE 637
THE LAND USE REGLCATIONS LISTED HEREIN ARE IMPOSED PURSUANT EACH LOT CONTAINS AT LEAST 30.000 S.F. Of
TO THE ALBEMARLE COUNTY ZONING ORDNANCE IN EFFECT ON THIS BUILDABLE AREA LESS THAN 25% SLOPE.
DATE AND .ARE SHOWN FOR INFORMATION PURPOSES ONLY. THEY ARE
NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR SETBACKS-
APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. 75'--FRONT FROM ST. RT. 537 PRESCRIPTIVE ESMTJ
25'--FRONT FROM 30' ACCESS EASEMENT
OYftERS' APPROVAL, 35'--REAR
25' SDE
THE DIVISION OF THE LAND DESCRIBED HER£PN IS WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESYIE OF THE UNOERSPGNED TAX MAP 58 PARCEL 90 IS ZONED: RA
OWNERIS, PROPRIETORISI AND TRUSTEEISJ. ANY REFERENCE TO
FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL LOT I MAY NOT BE FURTHER DIVIDED.
ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE. LOT 2 RETAINS 2 DEVELOPMENT RIGHTS.
THIS PRIVATE ROAD WILL PROVIDE REASONABLE ACCESS BY
MOTOR VEHCLE AS REQUIRED BY SECTION 14-514 OF THE
SIGNED DATE ALBEMARLE COUNTY CODE. b3
THE STREETS IN THIS SUBDIVISION MAY NOT MEET THE
SIGNED DATE STANDARDS FOR ACCEPTANCE INTO THE SECONDARY I-I
SYSTEM OF STATE HIGHWAYS AND WILL NOT BE Z
MAINTAINED BY THE VIRGINIA DEPARTMENT OF NOTARY PUBLIC: TRANSPORTATION OR THE COUNTY OF ALBEMARLE. 0 0
STATE OF
COUNTY OF
U1
C
THE FOREGOING WAS ACKNOWLEDGED 73
BEFORE ME THIS DAY OF
20_ BY Fri
C
a7
NOTARY PUBLIC
cif Op
MY COMMISSION EXPIRES: _ yI�
COUNTY APPROVALS: y�
7
THOMAS B. L1MC011i
ALBEMARLE COUNTY DATE CERT. WO. 1320
PLANNING COMMISSION
1 _,40* -D
ALBEMARLE COUNTY DATE Sutra"'
BOARD OF SUPERVISORS Cil
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THOMAS B. LINCOLN LAND SURVEYOR INC.
671 BRRKMAR CIRCLE IJ
CHARLOTTESVILLE, VIRGINIA 22901
SHEET 1 OF 2 TMODEL SERVER G\DATA9\ 100\ 0134ALTSUB.PRO 100-0134-00