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Home My WebLink AboutSUB201300011 Plat Final Plat 2013-03-19THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDER- SIGNED OWNER, PROPRIETORS, AND TRUSTEES. ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT TO BEST OF MY KNOWLEDGE. BENJAMIN NEIL DAVIS CITY /L4�4NTY k F "AR.ffi L , STATE THE FOREGOING INSTRUMENT WAS ACKOWLEDGED BEFOR ME THIS 2 y - DAY OF- 2013. BY BENJAMIN NEIL DAVIS \\ J y�ULY/V 0 J< REGISIROO 16757 MY COMM. EXPIRES; c 09130l201n ` U F VIRG��•' \0 NOTARY PUBLIC REGISTRATION # 18161 MY COMMISSION EXPIRES '.30-aO APPROVED FOR RECORDATION : 743] 63_] VICINITY MAP SCALE: I" = 2000' + 1- THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING HIS /HER SIGNATURE ON THIS PLAT HE /SHE HAS DEEMED THAT THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE COUNTY ZONING ORDINANCE: IN EFFECT THIS DATE. THESE NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. � _ ?/,911.3 Z� L i o C AGENT FOR THE BOARD OF SUPERVISORS DATE D NOTES: E 1. OWNER (S) AND ADDRESS: BENJAMIN NEIL DAVIS F 452 SOLACE LANE EARLYSVILLE, VIRGINIA 22936 G 2. LEGAL REFERENCES: TAX MAP 45 PARCEL 31J D.B.4288 -269 D.B.576 -349 PLAT H 3. BOUNDARY DATA SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. 4. THIS PROPERTY IS SUBJECT TO THE FOLLOWING: I A. EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY (D.B.3315 -612& D.B.423 -26). B. EASEMENTS TO VIRGINIA TELEPHONE & TELEGRAPH COMPANY(D.B.426 -515 & D.B.419 -549). J 5. THIS PROPERTY IS SUBJECT TO AND EASEMENT TO VIRGINIA PUBLIC SERVICE COMPANY INSOFAR AS IT MAY APPLY (D. B.212 -313) . K 6. NO TITLE REPORT FURNISHED. ALL EASEMENTS KNOWN BY ME ARE SHOWN OR NOTED HEREON. THIS PROPERTY IS SUBJECT TO ANY ADDITIONAL CONDITIONS,UTILITIES,EASEMENTS AND /OR COVENANTS THAT MAY EXIST. 7. ACREAGE BEFORE DIVISION: 5.94 ACRES I BRIAN S. RAY Lic. No. 002281 i �:.. �' J GL ROGER W.RAY & ASSOC.,INC. 1717 -1B ALLIED STREET CHARLOTTESVILLE,VIRGINIA 22903 TELEPHONE: (434) 293 -3195 SHEET 1 OF 2 14079 PROPERTY ZONED RA (AIRPORT IMPACT AREA). PARCEL Al IS ASSIGNED ONE DEVELOPMENT RIGHT AND MAY NOT BE FURTHER DIVIDED. PARCEL A2 IS ASSIGNED ONE DEVELOPMENT RIGHT AND MAY NOT BE FURTHER DIVIDED. ACCORDING TO THE COUNTY OF ALBEMARLE GIS WEBSITE PARCEL Al AND PARCEL A2, EACH CONTAIN A BUILDING SITE 'THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE COUNTY ZONING ORDINANCE. THIS PROPERTY LIES WITHIN THE SOUTH FORK RIVANNA WATER SUPPLY WATERSHED. ACCORDING TO THE ALBEMARLE COUNTY GIS WEBSITE, THIS PROPERTY DOES NOT LIE WITHIN AN AGRICULTURAL- FORESTAL DISTRICT. THE STREAM BUFFERS SHOWN HEREON WERE TAKEN FROM THE COUNTY OF ALBEMARLE GIS WEBSITE AND SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. SETBACK REQUIREMENTS: FRONT '75' (ALONG STATE ROUTE 743) FRONT- 25' (ALONG NEW PRIVATE STREET EASEMENT) SIDES 25' REAR == 35' THE NEW PRIVATE STREET EASEMENT SHOWN HEREON MAY NOT MEET THE STANDARDS FOR ACCEPTANCE INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF ALBEMARLE. ANY SUBSEQUENT DIVISIONS SHALL ENTER ONLY ONTO SUCH STREET(S)SHOWN ON THE APPROVED FINAL PLAT AND SHALL HAVE NO IMMEDIATE ACCESS ONTO ANY PUBLIC STREET. THE PROPOSED ACCESS EASEMENT IS OF ADEQUATE WIDTH AND HORIZONTAL AND VERTICAL ALIGNMENT TO ACCOMMODATE A TRAVELWAY PASSABLE BY ORDINARY PASSENGER VEHICLES IN ALL BUT 'TEMPORARY EXTREME WEATHER CONDITIONS, TOGETHER WITH AREA ADEQUATE FOR MAINTENANCE OF THE TRAVELWAY,AS REQUIRED BY SECTION 14 -412 OF THE ALBEMARLE COUNTY CODE. UNDER CURRENT COUNTY POLICY,PUBLIC WATER AND /OR SEWER SERVICE WILL_ NOT BE AVAILABLE TO THIS PROPERTY. SUBDIVISION PLAT PARCEL_ Al AND PARCEL A2 A DIVISION OF PARCEL A THE PROPERTY OF BENJAMIN NEIL DAVIS ALSO NEW 3O'PRIVATE STREET EASEMENT LOCATED ON STATE ROUTE 743 (EARLYSVILLE ROAD) RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY,VIRGINIA SCALE: 1" = 60' DATE: JANUARY 24,2013 REVISED: MARCH 15,2013 FOR BENJAMIN NEIL DAVIS o / POWER & TEL. LINE IRON SET nr a � r �E� G . � (� • ti �`L�s� 2 s b ,✓ P !c;6 �� p FOUND � PAL 29 PIPE FOUND U Z H U U 19 � 1g0 POLE � 00-- 9� 3 S12 °30' 00 "W 220.00 ' `-�, IRON SET N m Cu w v m i� U �r to I TEL. LINE, h0 0 POWER & TEL. / IRON LINE FOUND POLE T �• 1 t. I LD m I rc I n I ; 'ter / / c x U.) / / �Gj�= z Q� Z co co o LD 0 ¢ a r LL. 0 Ll_I (S) 0 LLI PIPE FOUND m r co (D co w 0 N Ln r m m U) H H a-. � f- M a •J = ci 0 cn J 'V w (11 H I LL I �e¢ I-1 ri LuLn m I-- - I ¢m Liz 0 - V IL 0 0 cd Z 1 -QN d' Z I 0 V Z (D Z — am U 0 Q O w J fn w J p p w �1/ Pi E 146.13'i56.64' PIPE S 4"`: FOUND S48 °42'0 "W IRON _ _ FOUND 8 56 6 „W PIPE SET _ .� _ -- - FOUND T.M.45 -67A CITY OF CHARLOTTESVILLE - � - — _ RIVANNA RIVER RESERVOIR D . B .406 -89, 91 PLAT DENOTES APPROXIMATE LOCATION OF AREA WITHIN ZONE X(AREAS OF 0.2% ANNUAL CHANCE FLOOD) ACCORDING 'TO THE FEMA FLOOD INSURANCE RATE MAPS,EFFECTIVE DATE FEBRUARY 4,2005 (COMMUNITY PANEL 510006 027BD). DENOTES APPROXIMATE LOCATION OF AREA WITHIN ZONE AEE000 YEAR FLOOD PLAIN) AND FLOODWAY AREA,ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAPS,EFFECTIVE DATE FEBRUARY 4,2005 (COMMUNITY PANEL 51006 0278D). SCALE: 1 " =60' DATE: JANUARY 24,2015 REVISED: MARCH 15,2013 GRAPHIC SCALE 1 " =60' 0 60 120 i8o Y/t ROGER W.RAY & ASSOC—INC. 3I \ a 1717 —IB ALLIED STREET CHARLOTTESVILLE,VIRGINIA 22903 G TELEPHONE: (434) 293 -3195 SHEET 2 OF 2 14079 • Prepared by BENJAMIN N. DAVIS Albemarle County Tax Map 04500- 00- 00 -031J0 DECLARATION The PRIVATE STREET MAINTENANCE DECLARATION (hereinafter, the "Agreement ") is made this day 25th of FEBRUARY 2013, by BENJAMIN N. DAVIS (hereinafter, the "Declarant "), whose address is 452 SOLACE LANE EARLYSVILLE, VA 22936. WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Tax Map 45 Parcel 31 -J pursuant to the plat /deed in Deed Book 4288, Page 269; and WHEREAS, Tax Map 45 Parcel 31 -J will be subdivided by the Declarant into Lots A -1 and A -2, containing 3.00 and 2.94 acres respectively, as shown and described on a plat by ROGER W. RAY & ASSOCIATES, Inc, dated, MARCH 15, 2013, a copy of which is hereto attached and made part of this Declaration (hereinafter, the "Plat "); and WHEREAS, the access easement shown on the Plat will be a new 30 foot non- exclusive ingress and egress easement (hereinafter, the "Street ") for the use and benefit of Lots A -1 and A -2 shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lots A -1 and A -2 a Street to be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum 10 foot wide base of gravel or a superior surface as agreed to in the future via supplemental declaration, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. MAINTENANCE: For purposes of this instrument, `maintenance', includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. COST OF MAINTENANCE: The owner(s) of Lots A -1 and A -2 shall be equally responsible for the cost of the maintenance of, and or repair to the Street, Solace Lane, from ROUTE 743. Any further division of Lots A -1 and A -2 shall require the reassessment of cost to be equally shared by all owners using of the Street. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he /she is responsible, as provided hereinabove, any other owner not in default, or the person or corporation performing such maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and /or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collection, including reasonable attorney's fees. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. BY: BENJAMIN N. DAVIS STATE OF VIRGINIA AT LAR E 11 CITY /C, OF C� h J \- FSV + 11c , to -wit: The foregoing Declaration was acknowledged before me this l5 day of m , 2013, by BENJAMIN N. DAVIS. P u bli ;•` o M °NW f,e otary ,.. My commission expires: 91420-1 420-1 _ :REGISTRATION 187571 NO. •. MY COMM. EXPIRES. 09/30/2014 • VIRGIN \P. O �i� / / / / P Vg \ \\��