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HomeMy WebLinkAboutSUB201300012 Other 2013-02-04 Noy This document was prepared.by Tax Map 59-15A Catherine J. Womack,Esq. Feil, Pettit.&Williams,PLC 530 East Main Street Charlottesville,VA 22902 Virginia State Bar it 21057 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS DECLARATION is made this 11th day of December,2013,by ALEXANDRA A. SIJLMANS von ELDIK,Trustee of the Wouter J.P. Sylmans von Eldik Living Trust, dated January 25, 1991, hereinafter the"Declarant". WITNESSET.H: WHEREAS, Declarant is the holder of legal title 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 thereunto belonging, situated in the Samuel Miller Magisterial District of Albemarle County,Virginia,more particularly described as follows: PARCEL ONE: ALL that certain lot or parcel of land,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. PARCEL TWO: 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. 1 PARCEL THREE: ALL that certain lot or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, fronting on. U.S. Route 250 in Albemarle County, Virginia; containing 1.00 acres, more or less, and designated as Parcel X on a plat of Roger W. Ray, C.L.S., dated June 27, 1984, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 816, page 2, hereinafter the "Property", BEING the property conveyed therein to Wouter J. P. Sylmans von Eldik by deed dated November 10,2000,from Mary Ann Elder, individually and as Trustee of the Marital Trust Under the Will of Clarence Joseph Elder, of record in said Clerk's Office in Deed Book 1970,pag 13. Wouter J.P. Sylmans von Eldik died April 2,2013,having been predeceased by his wife, Wilhelmina B. Sylmans von Eldik,and by his Will, of record in said Clerk's Office in Will Book 142,page 550,directed that the Property be distributed to the Sylmans von Eldik Living Trust, dated January 25., 1991,hereinafter the "Trust". Alexandra A. Sijlmans-von Eldik is the sole successor trustee of the Trust; WHEREAS, a portion of the Property is shown on a:plat prepared by Roger W. Ray&Assoc., Inc. dated January 28, 2013,the"Plat",captioned"Subdivision Plat Lot C,. Containing 1.00/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 hereto and recorded as a part of this Declaration; and WHEREAS,Declarant will convey the Property, subject to certain covenants, conditions,restrictions,easements,reservations, liens and charges as hereinafter set forth; NOW,THEREFORE,Declarant hereby declares that the Property described above shall be held,sold and conveyed subject to the following covenants, conditions, restrictions, easements,reservations, liens and charges(and any valid amendments or supplements hereto),all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property and which shall run with the Property and shall be 2 binding on all parties having or acquiring any right,title or interest in the Property or any part thereof, and shall inure to the benefit of each owner thereof. The Residue of 2.02 Acres,more or less,shown on the Plat,the"Residue",shall be subject to an easement as shown on the Plat and designated therein as"Shared Driveway Easement"for the benefit of Lot C as shown on the Plat. The Owners of the Residue and Lot C,their successors and assigns, will be equally responsible for all of the costs of repair and maintenance of the Shared Driveway Easement and of that area labeled"Paved Entrance"on the Plat. Notwithstanding the foregoing, if there is damage to the Shared Driveway Easement or the Paved Entrance beyond normal wear and tear,which damage is caused by a party bound by this agreement or that party's agent, employee, guest or invitee,that party shall be required to repair such damage and bear the cost exclusively. The road crossing both the Shared Driveway Easement and the Paved Entrance Easement shall be maintained in perpetuity in accordance with existing trade practice in a condition at least as good as its present condition,so as to be passable at all times by passenger automobiles, except in severe,temporary weather conditions. The road crossing the Shared Driveway Easement and the Paved Entrance is currently in good repair and is passable by passenger and emergency services vehicles. THE COST OF REPAIR,MAINTENANCE, UPKEEP,IMPROVEMENTS OR REPLACEMENT OF THE SHARED DRIVEWAY EASEMENT AND THE PAVED ENTRANCE WILL NOT BE BORNE BY THE COUNTY OF ALBEMARLE,THE COMMONWEALTH OF VIRGINIA OR ANY PUBLIC AGENCY. For the 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 3 obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. Should there be any disagreement between the owners of the Residue and Lot C, as to whether repairs or maintenance is required on the Shared.Driveway Easement or the Paved Entrance, the Declarant, so long as she owns any portion of either parcel, shall make a. determination by which the owner of the other parcel shall be bound. If the Declarant no longer owns any portion of either parcel,the Owners of the affected lots shall engage the services of a local civil engineer to make such a determination by which the affected owners shall be bound, Once the Owners of both parcels have agreed upon the work to be done,or at such time as a determination has been made as set forth herein,the Owners shall jointly contract for the work to be done. Upon receipt of a statement for services rendered for the repairs and maintenance, each Owner shall pay the provider of the services one half of the total charges within thirty days after a bill or statement for such charges has been submitted by the person or entity performing the work. If any Owner fails to contract for the necessary services or fails to pay the amounts so due,within the aforesaid time period,the Owner of the other parcel may bring an action at law against the defaulting Owner or may record in the Clerk's Office of the Circuit Court for the County of Albemarle a Notice of Lien against the defaulting owner for his or her share of the repair,maintenance,upkeep,improvement or replacement cost. Court costs,interest at the judgment tate and reasonable attorney's fees shall be added to the amount of such charge for which said defaulting owner is liable. The Owner against whose property a Notice of Lien is recorded may,however,bring an action in the aforesaid Court to quash said Notice and said lien. 4 Now or a bond may be substituted for said lien as set forth in Virginia Code Annotated Section 43-70, et seq. As used herein, "Owner" shall mean and refer to the record owner of the Parcel, whether one or more persons or entities,of fee simple title,including contract sellers,but excluding those having such interest merely as security for the performance of an obligation. The Plat is hereby confirmed and submitted for record in the Office of the Clerk of the Circuit Court for the County of Albemarle. Given under my hand this 1/ day of ,�_ r ,2013. J ' 1�'r (Seal) SIJLMANS von ELDIK Trustee of the Sylmans von Eldik Living Trust, dated January 25, 1991.. STATE OF VIRGINIA CITY/GO TY OF Chi1044-esv l(2 ,to-wit: The foregoing instrument was acknowledged before me this tt'* day of D2z(2----41.c v ,2013,by ALEXANDRA A.SIJLMANS von ELDIK,Trustee of the Sylmans von Eldik Living Trust, dated January 25, 1991. My commission expires: I ( `3(1D-0( ,w. CUIei :4419 03 Notary Public eg '. �,�Notary Pubf Commonwealth of Virginia My Commlssion Expires Jan.31,201 5 THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE CONSENT AND BROOMLEY IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER. PROPRIETORS, NOTES: OLD ROAD AND TRUSTEES. ANY REFERENCE TO FUTURE TEMENTIAL DEVELOPMENT IS TO BALLARD 1. OWNERS ADDRESS: P.O. BOX 515 ROAD C18wT1i0A BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT IVY. VA 22945 O I' ARE TRUE AND CORRECT TO BEST OF MY KNOWLEDGE. 2. THE BOUNDARY DATA SHOWN HEREON IS BASED ON o(FOR REVIEW) A CURRENT FIELD SURVEY. O 50 67 U Nj WOUTER J.P. SYLMANS VON ELOIK 3. THIS PROPERTY IS SUBJECT TO AN EASEMENT TO o BRIAN S.RAY CITY/COUNTY OF VIRGINIA TELEPHONE 6'TELEGRAPH COMPANY ¢ SITE ' Lic.No.002281 STATE OF (D.B. 338-424). a° B7 IVY ROAD THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED © CHERRY h,� BEFORE ME THIS DAY OF HILL FARM 1 u 2009.BY . VICINITY MAP SCALE: 5"- 2000' +/- NOTARY PUBLIC A MY COMMISSION EXPIRES: NOTARY SEAL A.R.D. APPROVED FOR RECORDATION AGENT FOR THE BOARD OF SUPERVISORS DATE • 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. A. PROPERTY ZONED CI G RA. B. LOT C IS LOCATED IN C1 ZONING. C. THE ZONING PORTION HAS ONE DEVELOPMENT DRIGHT AND MAY ENOT SUBDIVISION PLAT BE FURTHER DIVIDED. LOT C. CONTAINING 1.00 ACRE D. ACCORDING TO THE ALBEMARLE COUNTY GIS DATA THE RESIDUE A PORTION OF TAX MAP 59 PARCEL 15A OF T.M. 59-15A HAS A BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE COUNTY ZONING ORDINANCE. THE PROPERTY OF WOUTER J.P. SYLMANS VON ELDIK E. THIS PROPERTY IS LOCATED IN THE SOUTH FORK RIVANNA RIVER LOCATED ON U.S. ROUTE 250 (IVY ROAD) WATER SUPPLY WATERSHED. F. ACCORDING TO THE ALBEMARLE COUNTY GIS WEBSITE THIS ABOUT 0.25 MILE EAST OF STATE ROUTE 677 (BLOOMFIELD ROAD) PROPERTY IS NOT LOCATED IN AN AGRICULTURAL-FORESTAL SAMUEL MILLER MAGISTERIAL DISTRICT DISTRICT. ALBEMARLE COUNTY. VIRGINIA G. SETBACK GEQUIREMENTS: RA ZONING- SCALE : V= 50' DATE: JANUARY 28. 2013 RA ZSTIEAM FRONT-SH', SIEE 25' &REAR.35' FOR H. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN i WOUTER J.P. SYLMANS VON ELOIK ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE I. UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND/OR SEWER ROGER W. RAY& ASSOC.. INC. WILL NOT BE AVAILABLE TO THIS PROPERTY. 1717-18 ALLIED STREET J. THIS PROPERTY IS LOCATED IN THE ENTRANCE CORRIDOR OVERLAY. CHARLOTTESVILLE. VA 22903 K. THIS PROPERTY IS SUBJECT TO BMA-84-26. 434.293.3195 TELEPHONE SHEET 1 OF 2 RWRINC @EARTHLINK.NET 13850E ■ I i / \ DENOTES SHARED DRIVEWAY EASEMENT T ■ _ GRAPHIC SCALE 1"=50' .\ Am = = i m 0 50 100 150 / / `*ENTRANCE i� I % 55]'06'09'E \ SHARED '• \\ ?m=;.-.: 50.00' ©� / / DRIVEWAY ■ ;:: =:;:.. 1` / EASEMENT 1. POL .„„:,,... e' S''/ / STREAM_N28'47'30 fi 30°E I gy1 I FOUND 4'0 SI,z_ R ■∎/ BUFFER �{ - I 9� 11' y�YgG��t 2 \ / II e 040 CAS \ '∎ N534 491"W 'GRAVEL r� l SSO. ?ss° O \� Ilr 1y 9 \ 0° :!,:;></'' /\ ONE �,'Y •;iv tl' a St. °J s � T.M. 59-15A STORY �. S /' RESIDUE- 2.02 +/- ACRES FRAME ?,9 4Py j6�/ D.B. 1970-33 BUILDING oo IRON N i D.B. 816-2 PLAT FOOTBRIDGE P,LG4S //`g•Z/ D.B. 263-2383 PLAT ,0^ 'n •1 1 ,FOUND °L•• 5 p jy/ ROCK�\1, WALL ` FOOTBRIDGE\'.9c9 END OF ■ FENCE h^ PZ6`\� 0 `Q �BUF FRAME ,',/ O'. 'D' 6� =ER '� tBUWE�LNG \� 99`�� 4,� `�' i HOUSE '�� .4' ONE STORY `� �•rG Gip �G ••, 6 „ ` Q p2 \ IRON BRICK °j W/BASEMENT •'•,;��''• + FRAME BUILDING IRON ,L_i�, ENCROACHES \ 4,SET IRON 0.10' ,202 LOT C GRAVEL ,,/'G,3'Lh FOUND .099, 1.00 ACRE POLE '4 % END OF \ I 409. FRAME ` P 08,0j FENCE BUILDING , ... IRON A �p \ / FOUND 89,48, FN / N87'0B'33°W 86.82' IRON IRON FOUND OUND T.M. 59-15 JERRY D. BENINATE 6 LILI STOWE BENINATE FOR REVIEW) D.B. 1654-395, 405 PLAT O.B. 1312-331 SCALE: 1"- 50' DATE: JANUARY 28• 2013 ROGER W. RAY 6 ASSOC., INC. 1717-1B ALLIED STREET CHARLOTTESVILLE. VA 22903 434:293.3195 TELEPHONE SHEET 2 OF 2 RWRINC @EARTHLINK.NET 13850A