HomeMy WebLinkAboutSUB200300012 Application 2003-01-14 RECEIVED IN
PLANNING JAN.14,2003
OFFICE USE ONLY
SUB#03 -C�1n/ G�1 TMP
Application For Review Of iy
441rl °P;
Rural & Family Divisions , ^ ill
The term"rural division"means either:
(a) The division, including redivision,of property, or the establishment of any condominium regime, which is.❑not located in a development area designated in
the land use plan element of the comprehensive plan;❑which results in two or more lots for the pupose of transfer of ownership or building development,such that'
❑Each lot created is at least ftveacres in area, and❑Each lot created has at least two hundred fifty(250)feet offrontage on a public street which is part of the
primary system or secondary system of state highways,
Or
(b) The sale and/or exchange of land, including the relocation or other alteration of a boundary line,between the owners of abutting lots,provided tha❑ The
land so sold and/or exchanged is added to and becomes part of an existing abutting lot as evidenced by appropriate symbols and girding on the plat,together with
signatures of all owners pursuant to section 14-303(0)and by the instrument of conveyance thereof❑As a result of the sale and/or exchange,no lot which was
five acres or greater in area prior to the sale and/or exchange is less than five acreas in area,fl As a result of the sale and/or exchange,no lot has less than two
hudred fifty(250)feet offrontage on a public street which is part of the primary system or secondary system of state highwaysand❑No additional lot is created
by the sale and/or exchange
The term"family division"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 Eligible members of the immediate
family are children or other legally defined offspring,grandchildren,grandparents or parents of the owner of the property torbdivided
'S,
LiRural Division($95) Family Division($95)
(3 copies of Plat) (3 copies of plat)
I
Project Name: PL-Pe7K-o `l
Tax map and parcel: g -61 6
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Contact Person(Who should we cal— Uwnte concerning this project9) ) Q 1.., +Ai 14-' yl,�
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Finn LA#-4 i
Address (-1,7 I 1.? %^( 441-7 PC-4 6- t 12 City C V,.L'L= State V Zip 21R"
/I. Daytime Phone( 4-3 qc''744 4 i7 Fax# 1 2 4 H-77,6 E-mail
Owner of Record Cj Zp - -1. 1 sU . P SICo,'
Addressill '-t{OO City 1 v y State V)* Zip 2254 s
Daytime Phone( ) Fax# E-mail
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Applicant(Who is the Contact person representing?). kZ—
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Address City State Zip
Daytime Phone( ) Fax# E-mail
OFFICE USE_ONLY �^y� /_ 7 e /� Q�
Fee amount$ b Date Paid f-/Y Check# /��By Who't/� r i 1')Cl-e Receipt# ��By -Jt
County of Albemarle Department of Planning & Community Development
401 McIntire Road ❖ Charlottesville,VA 22902 Voice: (804)296-5823 ❖ Fax:(804)972-4035
7/31/02 Page 1 of 2
111 Property Information:
Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list
those tax map and parcel numbers --G'1 Z a
Physical Street Address(if assigned)
Location of property(landmarks,intersections,or other)
Magisterial District: ?i VVl l L\_.eY Zoning: P-P
Comprehensive Plan Land Use Designation:
General use(s)of property: f
Acreage Information: ,�
Total parcel acreage: 4 Ca 2,oU
#of new lots: Acreage in new lots `-r
Acreage in roads: Acreage in open space:
Comments/Attachments:
plowylti y9lV151JA
Grantee Information (Family Division Only)
Grantor(owner of existing parcel being divided): '!9> c 5'- R ks5/64,1/
New Parcel Description Grantee(Person receiving new parcel) Relationship to Grantor
; 1- Z tom%#04
FLA,166,4c
Contact(Agent), Owner,or Applicant Must Read and Sign.
The Rural Division and Family Division Plat application process process includes providing the Planning Commission with all the
information required in Chapter 14, Subdivision of Land,of the Albemarle County Code.
The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of Chapter
14, Subdivis.. of L.nd,of •- • . arle County Code.
0
Signat r- of Awner, .ntact(Agent),or Applicant ate
1)-011/PS—) 6, V► tej 4-34
Printed Name Daytime phone number of signatory
7/31/02 Page 2 of 2
RECEIVED IN
PLANNING JAN.14, 2003
Prepared By: Parker, McElwain & Jacobs, P.C.
Charlottesville, Virginia
Tax Map 58 , Parcels 98 and 92B
THIS DECLARATION OF FAMILY SUBDIVISION AND JOINT ACCESS
EASEMENT and DEED is made this 20th day of December, 2002 , by STEPHEN
P . PLASKON and SUE A. PLASKON, jointly and severally the Declarant
and the Grantor, whose address is : P .O. Box 460, Ivy, Virginia,
22945, and KEEGAN P. PLASKON, whose address is : P .O . Box 410, Ivy,
Virginia, 22945, and provides :
The Declarant is the fee simple owner of that certain lot or
parcel of land with improvements thereon and appurtenances thereto
situated in Albemarle County, Virginia, on the northeast side of
State Route 637, containing 4 . 20 acres, more or less, known as Tax
Map 58 , Parcel 98 , and more particularly described as Lots 2 and 3 on
the attached subdivision plat dated December 2 , 2002 , prepared by
Thomas B . Lincoln Land Surveyor Inc . , captioned, "Subdivision Plat
Showing Lots 2 and 3 Located On State Route 637, Samuel Miller
District, Albemarle County, Virginia, " the Plat, having take title
thereto by Deeds recorded in the Clerk' s Office of the Circuit Court
of Albemarle County, Virginia, in Deed Book 590, page 595 , and Deed
Book 428 , page 522 . The Declarant is also the fee simple owner of
Tax Map 58 , Parcel 92B, having taken title thereto by Deed recorded
in the said Clerk ' s Office in Deed Book 1077, page 602 . The
Declarant desires to effect a Family Division of Tax Map 58 , Parcel
98 into Lots 2 and 3 as shown on the Plat pursuant to Section 14-210
et seq. of the Albemarle County Code; to vacate the existing access
easement across Lot 1 as shown on the Plat only insofar as it
pertains to Lot 3 ; to establish a new non-exclusive thirty five foot
(35 ' ) wide access easement across Tax Map 58 , Parcel 92B, for the
benefit of Lot 3 as shown on the Plat; and to convey Lot 2 to their
son, the Grantee .
Therefore the Declarant, on behalf of themselves, their
successors and assigns, hereby declare the subdivision of Tax Map 58 ,
Parcel 98 , into Lot 2 , containing 2 . 078 acres and Lot 3 containing
2 . 122 acres as shown and described on the Plat . 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 . The Lots created hereby shall be held, transferred,
sold, conveyed and occupied subject to the terms and conditions set
forth herein and in all other instruments constituting constructive
notice in the chain of title to the said Lots all of which shall run
with the Lots and shall be binding upon 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 .
The Declarant hereby vacates the existing thirty foot (30 ' )
wide easement of right-of-way providing ingress from and egress to
State Route 637 across Lot 1 as shown on the Plat only insofar as it
pertains to Lot 3 . The said easement of right of way, and the terms
and conditions pertaining thereto, shall remain in full force and
effect with respect to Lot 2 .
The Declarant hereby grants and conveys for the benefit of Lot
3 a non-exclusive easement of right-of-way thirty five feet (35 ' ) in
width for ingress from and egress to State Route 637 across Tax Map
58 , Parcel 92B, as shown and described on the Plat . The owner of Lot
3 and the owner of Tax Map 58 , Parcel 92B, shall be responsible for
one-half of the costs of maintenance and repair of the improvements
lying with the easement established hereby between State Route 637
and the point where the jointly used road branches into driveways
serving each parcel, provided that if damage to the road is caused by
an owner or the invitee of an owner by extraordinary use such as
construction or by negligence or wilful intent, then such owner shall
be solely responsible for the cost to repair such damage . It shall
be the sole obligation of the owner of each parcel to maintain their
respective driveways from the point where the branch occurs .
Maintenance of the jointly used road shall include, without
limitation, repair of the road surface, curb and gutters where
applicable, ditches, drainage facilities, removal of snow more than
five inches (5" ) in depth, and removal of debris so as to keep the
entire length of the jointly used road open for reasonable passage by
standard two wheel drive passenger vehicles . Neither parcel owner
shall permit any person to park any car nor locate any obstruction
within the easement that will in any manner inhibit the other parcel
owner from exercising his rights with respect to the reasonable use
of the easement . These maintenance obligations shall run with both
Lot 3 and Tax Map 58 , Parcel 92B, 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.
In the event that an owner of either parcel subject to the
maintenance and repair provisions set forth herein deems that repairs
or maintenance should be effected in accordance with the standards
set forth herein, he shall so notice the other parcel 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 made in writing and delivered to the other parcel
owner within ten (10) days of the receipt of the notice . Failure to
object in 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 owner for his proportionate share of the expenses . In
the event that any parcel owner fails to pay his proportionate share
of the expenses within fifteen (15) days of receipt of the bill, then
the other parcel owner may pay the bill in its entirety and cause the
preparation of a statement of delinquency and record the statement
among the land records of Albemarle County. The recordation of a
statement shall in itself create a lien against the parcel whose
owner has not contributed his proportionate share of the costs . Once
recorded the lien shall have priority as to any subsequent liens
recorded against the parcel, and shall further be a personal
liability of the owner of the subject parcel . The parcel owner
effecting the recordation may bring an action at law or in equity
against the parcel owner personally obligated to pay any such
delinquent assessment . All costs incurred as a result of a delay in
paying the relevant costs, interest at the current legal rate from
the date of the recordation of the lien and the costs of any action
to enforce payment, including without limitation reasonable
attorney' s fees, shall be added to the amount of the assessment . In
addition the lien may be enforced 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 the owner of a parcel desire to challenge the need for
any noticed maintenance or repair he must do so in writing delivering
such notice to the other parcel owner within ten (10) days of receipt
of the notice . If a written challenge is made in a timely manner,
the issue shall be referred to an arbitrator chosen by the parcel
owners . In the event that the owners fail to agree upon an
arbitrator each owner shall select an arbitrator and the two
arbitrators so chosen shall select a third arbitrator. The
determination of the arbitrator (s) shall be binding upon all parcel
owners and shall not be subject to review or appeal, it being the
intention of these provisions to preclude such matters from judicial
review. Each owner shall be responsible for one-half of the costs of
arbitration, provided that each parcel owner shall bear their own
costs of representation.
The Declarant on behalf of themselves, their personal
representatives, successors and assigns, hereby reserve the right to
make any use of the easement established hereby which does not
interfere with the purposes for which the easement has been
established and which is not inconsistent with the rights granted
hereby. The owner of each parcel subject to this Declaration by
acceptance of a deed for such parcel, or the execution of a contract
for the purchase of such parcel, shall be bound by the terms and
conditions set forth herein 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.
The Grantor, in consideration of Ten Dollars ($10 . 00) and other
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby Grants, Bargains, Sells and Conveys with
General Warranty and English Covenants of Title unto the Grantee all
that certain lot or parcel of land containing 2 . 078 acres, more or
less, and described as Lot 2 on the Plat . This conveyance is made to
the Grantor ' s son pursuant to a family division in accordance with
the terms set forth in Albmarle County Code Section 14-210 et seq.
The Grantor has not previously divided any other land within
Albemarle County by family division for transfer by sale or gift to
the Grantee . This conveyance is made subject to all applicable
easements, restrictions, covenants and conditions contained in duly
recorded deeds, plats and other instruments constituting constructive
notice in the chain of title to Lot 2 which have not expired by a
time limitation contained therein nor have otherwise become
ineffective .
THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Witness the following signatures and seals : .
Seal
Stephen P. Plaskon
Seal
Sue A. Plaskon
Commonwealth of Virginia,
County of Albemarle :
The foregoing Declaration of Family Subdivision and Joint
Easement and Deed of Gift was signed and acknowledged before the
undersigned Notary Public for the Commonwealth of Virginia, at large,
on the day of December, 2002 , by Stephen P . Plaskon and Sue A.
Plaskon.
My commission expires :
Notary Public
Parker, McElwain &Jacobs, P. C.
Attorneys at Law
2340 COMMONWEALTH DRIVE
J RANDOLPH PARKER CHARLOTTESVILLE,VIRGINIA 22901 P.O.BOX 6186
LARRYJ McELWAIN CHARLOTTESVILLE,VA.22906
ANNIE LEE JACOBS
HERBERT BESKIN (434)973-3331
TRACEY C HOPPER FAX (434)973-9393
January 7, 2003
Mr. Francis McCall
Albemarle County Department of
Planning and Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: Plaskon Family Division
Dear Mr. McCall:
This letter is intended to advise you that I have represented the Plaskon in the above-titled matter;
that Keegan P. Plaskon is the son of Stephen and Sue Plaskon and therefore meets the definitional
requirements of Section 14-208 et seq. of the Albemarle County Code; and that all other terms and
conditions imposed by the Code for a valid family division have been met.
If I can be of further assistance in this matter,please don't hesitate to contact me.
Ve truly yours,
1111
ivJ. ai 1
LJM/tlg
Enclosure
RECEIVED IN
PLANNING JAN 10,2003