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HomeMy WebLinkAboutSUB202100067 Agreements 2021-12-17 (2)Prepared by: Rodney L. Knicely PARCEL ID: 04500-00-00-059E1 DECLARATION THIS DECLARATION is made this 14 day of December 2021 by Rodney L. Knicely and Nancy E. Knicely (the "Declarants"). WITNESSETH: WHEREAS, the Declarants are the owners of the property containing 4.239 acres more or less, known as TMP 04500-00-00-59E1 (the "Property'), shown on the plat identified as "Plat Showing Knicely Family Subdivision," dated January 27, 2021 and last revised June 28, 2021, made by Commonwealth Land Surveying, LLC, a copy of which plat is attached hereto and recorded herewith (the "Plat'). WHEREAS, the Declarants desire to record the Plat to subdivide the Property into "Lot 2," containing 2.168 acres, and "Lot 1," containing 2.071 acres, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision, certain restrictions must be imposed upon Lot 2 and Lot 1, and the Declarant desires to impose such restrictions. NOW THEREFORE, the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Lot 2 and Lot 1, as further shown on the Plat. 2. Neither Lot 2 nor Lot 1 may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing, or if the lending institution requires in writing that the spouse of the member of the immediate family be a co - grantee and co-owner of the lot. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. WITNESS the following signature and seal. / i a.aG, (Seal) Rodney Lanicely Nancy E. icely COMMONWEALTH OF VIRGINIA CITY/COUNTY OF `Z to wit; The foregoing instrument was acknowledged before me this G j iX day of 20 62 � , by Rodney L. Knicely and Nancy E. Knicely. My commission expires: kl� 91-6490 3 I I 1 1 1 -Wo Notary Public L� Nell fNetody 8alaner Commonvraatlh of Nrglnia Notary Public Commission No. 102489 My Commission Exphes 10131I2023