HomeMy WebLinkAboutSUB202200132 Easements 2022-08-01Prepared By: J.Addison Barnhardt (VSB#83132)
Grisham & Barnhardt, PLLC
310 4th Street NE, Suite 104
Charlottesville, VA 22902
Tax Map/ Parcels: 05900-00-00-015A0
05900-00-00-015A1
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THIS DECLARATION is made this 1st day of August, 2022, by IVY ROAD RE, LLC, a
Virginia limited liability company, hereinafter the "Declarant."
WITNESSETH:
WHEREAS, the Declarant is the owner to certain real property (herein the "Property")
located in Albemarle County, Virginia, described as ALL those certain parcels of land, with the
improvements thereon and the appurtenances thereto belonging, more particularly described as:
Tax Map 59-15A
ALL that certain lot or parcel of land (the "DS Tavern Property"), with the
improvements thereon and the appurtenances thereunto belonging, situated in the
vicinity of Ivy Depot in Albemarle County, Virginia, containing 1.1 acres, more or
less, and shown on a plat made by Hugh F. Simms, C.L.S., dated May 1945, and
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia,
in Deed Book 263, page 231.
ALL that certain lot or parcel of land, with the improvements thereon and the
appurtenances thereunto belonging, situated in Albemarle County, Virginia, near
Ivy Depot, consisting of 0.920 acre, more or less, as shown on a plat of Wm.
Morris Foster, C.L. S., dated April 14, 1978, recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia, in Deed Book 645, page 568.
PARCEL THREE:
Tax Map 59-15A1
ALL that certain lot or parcel of land (the "Halifax House Property"), with the
Improvements thereon and the appurtenances thereunto belonging, fronting on
U.S. Route 250 in Albemarle County, Virginia, containing 1.00 acre, more or less,
and designated as Parcel X on a plat of R. O. Snow & R. W. Ray, Inc., dated June
27, 1984, revised September 28, 1984, and recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia, in Deed Book 816, page 2. Said
property is more particularly shown and described on a plat by Roger W. Ray &
Assoc., Inc., dated January 28, 2013, last revised February 28, 2014, captioned
"Subdivision Plat Lot C, Containing 1.000 Acre A Portion of Tax Map 59 Parcel
15A The Property of Wouter J. P. Sylmans Von Eldik Located on U. S. Route 250
(Ivy Road) About 0.25 Mile East of State Route 677 (Bloomfield Road) Samuel
Miller Magisterial District Albemarle County, Virginia", which plat is attached to
a Declaration of Covenants, Conditions, Restrictions and Easements dated
December 11, 2013, of record in said Clerk's Office in Deed Book 4491, page
389.
ALL BEING THE SAME Property conveyed to the Declarant by Deed from Alexandra
A. Sijlmans von Eldik and Deborah Frazier Sijlmans von Eldik, Trustees of the
Alexandra A. Sijlmans von Eldik Revocable Trust U/A/D January 1, 2014, dated October
22, 2018 and recorded December 18, 2018 in the aforementioned Clerk's Office in Deed
Book 5123, page 91.
WHEREAS, the Property is shown on a plat prepared by Virginia Landcraft, LLC dated
(the "Plat"), captioned "Easement Plat Showing Existing Shared Driveway Easement,
New Private Drainage Easement and New Private Parking Access Easement Serving Tax Map
59, Parcel 15A and Parcel 15A1 Samuel Miller Magisterial District Albemarle County," which
Plat is attached hereto and recorded as part of this Declaration; and
WHEREAS, the Declarant is designating a portion of the Halifax House Property for use
by the DS Tavern Property as a shared driveway for parking access;
NOW THEREFORE, the Declarant hereby declares and covenants that the DS Tavern
Property shall have a right of pedestrian and vehicular access to and from the area shown as
"New Private Parking Access Easement" on the Halifax House Property. The DS Tavern
Property shall have the right to park vehicles in the parking spots shown on the Plat. The owners
of the Halifax House Property and the DS Tavern Property shall be equally responsible for the
maintenance of the shared roadway in the area of the "New Private Parking Access Easement."
The owners of the DS Tavern Property shall be solely responsible for the maintenance of the
parking spaces. "Maintenance" includes the prompt removal of snow, water, debris, or any other
obstruction so as to keep the roadway open for usage by all vehicles, including emergency
services vehicles. An owner who does not pay their portion of any costs of maintenance shall be
liable for both the full amount owed, with interest at six percent (6%), and all costs of
enforcement and collection, including court costs and attorney's fees.
The covenants and easements established herein by the Declarant shall run with the land
for the use and benefit of the DS Tavern Property.
The Plat is hereby confirmed and submitted for record in the land records of the Clerk's
Office in the Albemarle County Circuit Court.
WITNESS the following duly authorized signature and seal on behalf of the Declarant.
IVY ROAD RE, LLC, a Virginia limited liability company
IC
Title:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing was acknowledged before me this _ day of 2022, by
of Ivy Road RE, LLC, a Virginia limited liability company.
Notary Public