HomeMy WebLinkAboutSUB202100206 Other 2022-05-20Prepared by:
William D. Tucker, III VSB: 12360
Tucker Griffin Barnes, PC
307 W. Rio Road
Charlottesville, VA 22901
Tax Map and Parcel: 06300-00-00-036FO
DECLARATION
THIS DECLARATION is made this _13 day of 1)?A 2022 by Russell L. Miller,
Jr. and Jeanne C. Miller, (the "Declarants"). "i—
WITNESSETH:
WHEREAS, the Declarants are the owners of the property containing 5.06 acres more or
less, known as TMP 06300-00-00-036F0, (the "Property") as shown on the plat identified as
"Family Subdivision Plat Parcel B and Parcel B-1 A Division of the Property of Russell L
Miller, Jr. & Jeanne C. Miller Also New Variable Width Private Street Easement Located on
Existing 50' R/W (Orchard Hill Lane) and State Route 610 (Lonesome Mountain Road) Rivanna
Magisterial District, Albemarle County, Virginia", made by Roger W. Ray & Assoc., Inc., a
copy of which plat is attached hereto and recorded herewith (the "Plat').
WHEREAS, the Declarant desires to record the Plat to subdivide the Property into Parcel
B, containing 2.90 acres, and the Residue, containing 2.16+/- acres, as more particularly shown on
the Plat as Parcel B-1.
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 Parcel B & the Residue, 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 Parcel B and the Residue, as further
shown on the Plat as Parcel B-1.
2. Neither Parcel B nor the Residue, Parcel B-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.
�..,_ .., 4172e ze, / (Seal)
Russell L. Miller,Tr-.;'
COMMONWEALTH OF VIRGINIA
,G i /I.OUNTY OF &JLL Mrt E , to wit;
The foregoing instrument was acknowledged before me this day of (YlM 2022
by Russell L. Miller, Jr., and Jeanne C. Miller.
My commission expires:
ota Public
My commission expires: vJ \\\pOcNwf.c '
No Re stration number: ry% '
1>i I ��`' `/ _ flEGISTflATION NO.:
787577
MV COMM. EXPIRES,-
09/30/2022
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