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Home My WebLink AboutSDP198600049 Approval - County 1986-12-09 J r .4ll A1.l14.1 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 December 10, 1986 Robert Cross Route 3 , Box 379 Charlottesville, VA 22901 RE: Robert Cross Site Plan Dear Mr. Cross: The Albemarle County Planning Commission at its meeting on December 9, 1986 , unanimously approved the above noted site plan subject to the following conditions: 1 . A building permit will not be issued until the following conditions are met: Cil`Irl. Virginia Department of Highways and Transportation approval of a private street commercial entrance; t6D_D I suance of an erosion control permit; ( a15�� /6- Planning staff approval of revised site plan noting vs source of topography and datum, and reference benchmark; (G__ tc t pew ,d fielo County Attorney approval of access easement. n In order to expedite the completion of the above items , please have the appropriate agency or department notify Kathy Brittain ( 296-5875 ) in the Zoning Department, in writing, that the applicable conditions have been met. Please note that the Zoning Ordinance requires that construction be commenced within eighteen ( 18 ) months of the date of approval or the approval will be void. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, 7)t7,12644 David B. Benish Planner DBB/jmm lj IT Men III ' • �` DEC 11 1986 ALBEMARLE COUNTY ZONING DEPARTMENT t t • WHEREAS, Robert L. Cross is the owner of a tract of 10 acres of land in Albemarle County, Virginia, designated as Tax Map 57, Parcel 41K on the County tax records, and shown on a plat made by B. Aubrey Huffman & Associates, Ltd. , hereto attached; and WHEREAS, Robert L. Cross is the owner of an adjoining tract of 98 . 314 acres, designated as Tax Map 57 , Parcel 41 on said tax records, indicated also on said plat hereto attached; and WHEREAS, Robert L. Cross desires to establish for the benefit of said land a 50-ft. easement for ingress and egress over the northwesterly margin of said 98 . 314 acre tract immediately ad- jacent to property owned by Milo Garrison shown on said plat at- tached as Tax Map 57 , Parcel 41G. NOW, THEREFORE, THIS INSTRUMENT made this 21st day of January, 1987, by Robert L. Cross, homme sole, hereby establishes a 50-ft. easement for ingress and egress over the strip of land labelled PARCEL X (Reserved R/W Area) on said plat attached, for the benefit of his land, and for the benefit of the land of Milo Garrison, designated on said plat attached as Tax Map 57 , Parcel 41G, on the following terms, viz : 1. The present and subsequent owners of Tax Map 57 , Parcels 41K and 41 only shall be solely responsible for the re- pairs and maintenance of said right of way. 2 . In the event of subdivision of said property, and transfer thereof to different owners, each of the resulting tracts or lots shall share pro-rata with the original landowner, Robert L. Cross, in the costs of road repairs and maintenance of the right of way. 3. The road shall be maintained in its presently ex- isting condition and width and so as to allow for the reasonable ORBIN F. CARTER DAVID UGLAS .CARTE and safe access of standard passenger automobiles in all but Se- CARTER DOUGLAS C.CARTER P � ATONYS"TLAW °"""`°nFs""E'° vere weather. Snow removal shall be deemed necessary maintenance as contemplated herein. Maintenance and repairs shall include the roadbed and surface and drainage culverts and ditches. 4 . Robert L. Cross expressly reserves to himself, his successors, heirs and assigns, the unqualified and unrestricted right and authority, but not the obligation, to upgrade the right of way to the standards then in effect and required by the Vir- ginia Department of Highways and Transportation for inclusion in the public highway system and to then dedicate the right of way for public use. 5. Any owner may initiate repairs or maintenance by first informing all others in writing of his intention and the ex- tent of work sought. If no objection is received within seven (7) days of such notice, then the initiating Owner may proceed with the work. However, no notice for initiating snow removal or re- moval of impassable obstructions shall be required. Each Owner shall pay his share of the cost to the contractor and/or material- man prior to the payment due date specified on any bill for work or materials. 6 . There shall be a continuing lien upon each of the said parcels to secure the payment of the charges herein provided for the right-of-way repairs or maintenance but such lien shall at all times be subject to any first or second deeds of trust placed on the property at any time until notice of such lien shall have been recorded as hereinafter provided. If the proportionate share of any costs of repairs or maintenance due hereunder is not paid by any Owner of any of said parcels when due, a notice of such non-payment as to such parcel may be recorded by any other parcel Owner or by the person or corporation performing such repairs or ORBIN F.CARTER maintenance in the Clerk' s Office of the Circuit Court of Albe- DAVID C.CARTER DOUGLAASSC.ACARTER marle County, Virginia, and from the time of such recordation the ATTYSCHARLOTTESVILLE,VA. �r�%� � Page Two amount stated, in the notice, with interest, costs and reasonable attorney' s fees, shall become a lien prior to any deeds of trust recorded subsequently to the recording of such notice. 7. If agreement cannot be reached as to the need for maintenance and repairs, then the party desiring the work may pro- ceed to enforce these covenants by legal action with all costs and reasonable attorney' s fees incurred therein to be awarded to the prevailing party. 8. The matters set forth in this agreement shall run with the land and shall be binding upon the successors in interest, heirs and assigns of the parties hereto. WITNESS the following signature and seal : Me (SEAL) Robert L. Cross STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this -a - ,� day of January, 1987 , by Robert L. Cross. My Commission expires: -Y}'l 17, /ff7 C-6tA4 SlAk Notary Public ORBIN F.CARTER DAVID C.CARTER DOUGLAS C.CARTER ATTORNEYS AT LAW Page Three CHARLOTTESVILLE,VA. r p 0$ / 1 682 v8r (,/ A' . T ?y Mechum,.0 p *F,AL N p40L, ' o 250 .g? ARTHUR F. EDWARDS % . \ • F, M0. 1170 - William Tomkins /// • Ho. 1420 T M. 57 Parcel 4/ D ' D. B. 66/ - 434 <.qNO SURVE1p� ' / ../ .. : R. L . Cross John K. P/anlz T. M. 57 Parcel 4/ T. Al. 56 Parcel /02B R. L. Cross D. B. 560 - /78 /• D. B. 806 - 48T T. M. 57 Parcel 4/ K 9.8. 3/4 Acs. D. B. 588- /96 /O. 000 Acs. / \ 'S 4,0 ,41 a�21\ 1003\ /M. ernis Thomas hh • 57 Parcel 39 5 50 w (Q(`'((,. 44. D. B. 588 - /98 PROPERTY SITUATED /N WHITE HALL MAGISTERIAL DISTRICT. /82. 47 �� Qh / CURRENT ZONING H A hl hii 1 �• / 2SO • • S /6 ° E `v}�� ° / 6.00 77.63 ' 0 I IN/50w 6000, "-----n PARCEL X I Milo Garrison (Reserved R/W Area) 1 T. M. 57 Parcel 4/G .. '-- PARCEL X TO BE DEDICATED 9 1 D. B. 734 - 99 USED AS A STATE ROAD R/W /F S 32°37 4/ E l 297.67 �' /. Garth AND WHEN PARCEL 4/K IS SUBDIVIDED 299 . 92 1N o WPayne ( INTO MORE THAN 2 PARCELS. 35 —� T. M.57 Parcel 39A % '250 . D.B. 337- 492 1 1 RT. - -.. N34 °40'04"E 25 0 U. S . ROUTE N 68°/5'48 "E / 4 . 66 ' 50. 00' PLAT SHOWING PARCEL X BEING A PORTION OF PARCEL 41 ON SHE E T 57 C OUN T Y TAX MAPS ALBEMA RLE COUNTY , V I R G I N I A December 1 1 , 1 9 8 6 Jan. 20 , 1 9 8 7 0 200 400 600 800 1000 1200 Graphic Sca l e In Fee t B . AUBREY HUFFMAN 8 ASSOCIATES , LTD . CIVIL E N GI N EE R I N G, LAN D SURVEY I N G and LAND PLANNING CHARLOTTESVILLE , VIRGINIA