HomeMy WebLinkAboutSUB202200132 Correspondence 2022-08-30Prepared 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 OF SHARED PARKING is made this 30th day of August, 2022,
by IVY ROAD RE, LLC, a Virginia limited liability company, hereinafter the "Declarant."
WITNESSETH:
WHEREAS, the Declarant is the owner of 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
July 12, 2022, last revised August 27, 2022 (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 of Shared Parking;
WHEREAS, Albemarle County Code §§ 18-4.12.8(e) and 18-4.12.10 authorize parking
spaces to be shared among two or more uses under certain circumstances provided that the
shared parking spaces are subject to an instrument restricting the use of that part of the parcel on
which parking is to be shared to parking and ensuring that a minimum number of parking spaces
determined by the Albemarle County Zoning Administrator are established and maintained for
the use relying on the shared parking spaces;
WHEREAS, the Zoning Administrator has determined that shared parking is permitted
under the terms and conditions set forth herein; and
WHEREAS, the Declarant desires to grant the DS Tavern Property a non-exclusive right
of access and an easement to use two (2) parking spaces in the parking lot on the Halifax House
Property under the terms and conditions set forth herein.
NOW THEREFORE, the Declarant hereby declares, covenants, grants, and conveys unto
the DS Tavern Property a non-exclusive right of ingress and egress to and from the parking lot on
the Halifax House Property and an easement to use up to two (2) parking spaces (collectively, the
"Easement") in the "Shared Parking Area" on the Halifax House Property, as depicted on the
Plat, which is attached hereto and incorporated herein, subject to the following:
1. Intent. This Declaration of Shared Parking is intended to satisfy all of the
requirements for shared parking as set forth in the Albemarle County Code §§ 18-4.12.8(e) and
18-4.12.10.
2. Use. The Easement may be used by the owners of the DS Tavern Property, its
successors, tenants, employees, guests, customers, and invitees.
3. Easement Appurtenant. The Easement is an easement appurtenant, rather than an
easement in gross. The DS Tavern Property is the dominant estate and the Halifax House
Property is the servient estate. The Easement will run with the Halifax House Property land.
4. Extinguishment. If the Albemarle County Zoning Administrator determines that the
DS Tavern Property is no longer used so as to require shared parking on the Halifax House
Property under County of Albemarle parking regulations, at the option of the Halifax House
Property, the Easement may be extinguished with this change in use.
5. Further Action. The Halifax House Property and the DS Tavern Property agree that
each will take such further actions and execute or cause to be executed such further and other
documents as are needed to carry out this Declaration of Shared Parking.
6. Maintenance. 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
and all costs of enforcement and collection, including court costs and attorney's fees.
7. Plat. 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
By:
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