HomeMy WebLinkAboutSUB201300013 Plat Recorded Plat 2013-02-05 (Page 1 of 8)
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Instrument Control Number 4306905
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
KS VLR Cover Sheet Agent 1.9.89] 111 11111I11II11111 HOII II IIII1111111 1111 X11111 11E111 Doc ID: 000326980006 Type: DEE
Recorded: 03/27/2009 at 12:54:42 PM
_ _ Fee Amt: $29.00 Page 1 of 8
T C Date of Instrument: [3/3/2003 j SHELBY MARSHALL, CLERK CIRCUIT CT.
Shelby Marshall Clerk Circuit Court
A O I nstrument Type: [DG PC ] Filet/ 2003 00006905
X R
P BK2414 Pa624 -631
E Number of Parcels [ 1 ]
X Number of Pages [ 8]
E
m City El County 11 [Albemarle County ] (Box for Deed Stamp Only)
p First and Second Grantors
T — I Last Name f First Name 1 Middle Name or Initial 1 Suffix
(Kennedy ] [Wallace ] [H ] [ J
❑ ❑ [Kennedy ] [Diana ] [M ][ ]
First and Second Grantees
Last Name 1 First Name 1 Middle Name or Initial 1 Suffix
CI ❑ [Morris ] [Duane ] [D ] [ ]
❑ ❑ [Morris ] [Tracey ] [K ] [ ]
Grantee Address (Name) [Duane D Morris and Tracey K Morris ]
(Address 1) [1730 Craig's Store Road ]
(Address 2) [ j
(City, State, Zip) [Afton ] [VA ] [22920 ]
Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County [Albemarle County ] Percent. in this Juris. [ 100]
Book [ ] Page I ] Instr. No [ ]
Parcel Identification No (PIN) [08500 00 00 018C0 ]
Tax Map Num. (if different than PIN) [08500 00 00 018C0 ]
Short Property Description [2.310 acres ]
[Parcel X ]
Current Property Address (Address 1) [1730 Craig's Store Road ]
(Address 2) [ ]
(City, State, Zip) (Afton J [VA ] [22920 j
Instrument Prepared by [Nicholas E Munger PC ]
Recording Paid for by [Nicholas E Munger PC ]
Return Recording to (Name) [Nicholas E Munger PC ]
(Address 1) [PO Box 187 ]
(Address 2) [ ]
(City, State, Zip) [Crozet ] [VA ] [22932 ]
Customer Case ID [ ] [ ] [ ]
yy i �t ]t ',� ,
Cover Sheet Page # 1 of 1 i + . F • , r
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Book:2414,Page:624
(Page 2 of 8)
Now' Near
006905
Tax Map 85, Parcel 18C
PREPARED BY: Nicholas E. Munger, P.C., Attorney at Law, P. O. Box 187, Crozet, VA 22932 -0187
RECORDATION TAX EXEMPT: VA Code Section 58.1 -811 (D)
THIS DEED OF GIFT, made this 3 day of March, 2003, by and between
WALLACE H. KENNEDY and DIANA M. KENNEDY, husband and wife, herein
called Grantors, and DUANE D. MORRIS and TRACEY K. MORRIS, husband
and wife, herein called Grantees, whose mailing address is 1730 Craig's Store
Road, Afton, VA 22920
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the parties mutual love and
affection, the Grantors do hereby GIVE, GRANT and CONVEY with GENERAL
WARRANTY and ENGLISH COVENANTS OF TITLE unto Duane D. Morris and
Tracey K. Morris, husband and wife, as tenants by the entirety with full rights of
survivorship as at common law, and not as tenants in common, the following
described real estate, to wit:
All that certain lot or parcel of land, together with the improvements
thereon and the appurtenances thereunto belonging, situated off of State
Routes 635 in the Samuel Miller Magisterial District of Albemarle County,
Virginia, containing 2.310 acres designated as Parcel "X" on a plat by S.L.
Key Incorporated, dated June 21, 2002, last revised October 8, 2002,
captioned "Plat Showing a Division of Tax Map 85, Parcel 18C Located off
of 5. R. 635 Craig's Store Road Samuel Miller District Albemarle County,
Virginia ", which plat is attached hereto, incorporated herein and recorded
herewith; BEING a portion of the 8.312 acre property shown and
described as Parcel A on plat by B. Aubrey Huffman & Assoc., Ltd., dated
June 8, 1978, of record in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 657, page 376, conveyed to the
Grantors herein by deed of William Blaine Mawyer and Betty Jean
Mawyer, husband and wife, dated October 23, 1978, and recorded in said
Clerk's Office in Deed Book 658, page 297.
1
Book:2414,Page:624
(Page 3 of 8)
, fir '
The division of Tax Map 85, Parcel 18C creating the 2.310 acre Parcel "X"
hereby conveyed to the Grantees is a Family Division pursuant to Section 14 -208
an related provisions of the Albemarle County Code, and said 2.310 acre Parcel
"X" shall not be transferred by the Grantees for a period of two (2) years from the
date of the recordation of this deed and plat, except in accordance with said
section of the Albemarle County Code. The Grantors expressly reserve unto
themselves the 6.002 acre Residue of Tax Map 85, Parcel 18C, shown on the
attached plat as "TMP 85 -18C Residue ", and said 6.002 acre residual parcel may
be conveyed by the Grantors with no time restriction under Section 14 -208 and
related provisions of the Albemarle County Code.
The Grantors do further RESERVE unto themselves, as an appurtenance
to said 6.002 Residue of TMP 85 -18C, a non - exclusive, mutual, reciprocal and
perpetual easement across Parcel "X" for ingress and egress between TMP 85-
18C and State Route 635, in the location, along the course and for the distance
as shown and described as "40' Ingress- Egress Easement Extended" on the plat
attached hereto and recorded herewith.
The Grantors, by their execution of this deed, and the Grantees, by their
recordation hereof, do hereby COVENANT and AGREE to the following terms,
conditions and provisions regarding any private roadway now existing or to be
extended or constructed and maintained along said "40' Ingress- Egress
Easement Extended" over and across Parcel "X ", as shown on plat attached
hereto:
2
Book:2414,Page:624
(Page 4 of 8)
■
'`r
1. The slope of Parcel "X" shall not be changed, except as may be
required to install drainage ditches necessary to insure proper
drainage of the private roadway.
2. Any necessary drainage pipes and ditches shall be installed in areas
that do not impede or restrict access within TMP 85 -18C.
3. The costs of all maintenance of any private roadway now existing or to
be constructed over or within the "40' Ingress- Egress Easement
Extended" for the benefit of Parcel "X" and the Residue of TMP 85 -18C
shall be borne equally by the owners of Parcel "X" and the owners of
the Residue of TMP 85 -18C, for the portion of such private roadway
serving both parcels. At such point as the shared roadway branches
into private drives serving either of the said parcels exclusively, the
costs of maintaining such private drives shall be borne solely by
owners of the parcels served by such drives, respectively. The
owner(s) of Parcel "X" and the Residue of TMP 85 -18C shall have no
responsibility for the costs of maintenance of any private drive serving
only the other parcel.
4. Any private road now existing or to be constructed in the "40' Ingress -
Egress Easement Extended" as shown on the attached plat, shall be a
private road providing ingress and egress between State Route 635
and Parcel "X" and the Residue of TMP 85 -18C. Such private road(s)
shall provide reasonable access by motor vehicle as required by
Section 15.514 of the Albemarle County Code; and will not be
maintained by the County of Albemarle, the Commonwealth of Virginia,
or any other public agency.
This conveyance is made expressly subject to the easements,
conditions, restrictions and reservations contained in duly recorded deeds, plats
and other instruments constituting constructive notice in the chain of title to the
property hereby conveyed which have not expired by a limitation of time
contained therein or have not otherwise become ineffective, and to any lien,
inchoate or otherwise for real estate taxes and assessments not yet due and
payable, there being no attempt herein to reimpose any of such easements,
conditions, restrictions or reservations which may appear of record in the chain of
title to the property hereby conveyed.
3
Book:2414,Page:624
(Page 5 of 8)
Asir 'ore
WITNESS the following signatures and seals:
i) (SEAL)
Wallace H. ennedy
?Lx t'V`. < . cQ (SEAL)
Diana M. Kennedy
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to -wit:
The foregoing instrument was executed and acknowledged before me
this 7 - day of March, 2003, by Wallace H. Kennedy and Diana M.
Kennedy.
My Commission Expires: ( 31 a O 6 6 --
Not
Notary blic
4
Book:2414,Page:624
(Page 6 of 8)
■
grrw' 4 480 0
^, 1 v
', Q/h1 I V a
Plat Showing a Division of ,
Tax Map 85, Parcel 18C O BATESVI
Located off of S.R. 635
Craig's Store Road
Samuel Miller District
Albemarle County, Virginia SITE
Notes:
1. Owner -Pcl. 18C: Wallace H. or Diono M. Kennedy.
1730 Croigs Store Road
Alton, VA 22920
Deed Book 658, Page 297.
Owner -Pct 188: William 8. or Betty J. Mawyer.
1728 Croigs Store Road
Afton, VA 22920 VICINITY MAP 1" = 2000'
Deed Book 1531, Page 475.
2. I.R.S. = Iron Rad Set.
3. I.R.F. = Iron Rod Found. Approved for Recordation:
4. Property is zoned RA.
5. Setbacks: Front = 75', Side = 25', Reor = 35'.
Internal Road = 25'
6. Residue and Y. t &.' "_ • , __
6. Residue and Parcel "X' contain at least ""y
30,000 s.f. of contiguous area in slopes of less Director of PI ningQ
than 255. l 2.0 7. this property appears to lie in on area ! J / 1 • Z • OZ-.
designated as'Zone C" (areas of minimal Date
flooding) as shown on Federal Flood
Insurance Rate Mops doted Dec. 16, 1980
Community Panel i� 510006 0325 8. /
8. The land use regulations listed herein are imposed
pursuant to the Albemarle County Zoning ordinance in
effect on this date and are shown for informontion purposes 0\ /` .
only. They are not restrictive covenants running with the
land and their appearance on this plat is not intended to "�' �∎
impose them as such. 0. This private road will provide reasonable access by otor
9. This is a Family Division creoted in accordance with action /vehicle as required by 14 -514 of the Albemarle County de.
14 -208 of the Albemarle County Code. Own i. of '.rcel "X" ` The streets in this subdivision may not meet the standard
shall not be transferred to a person oth- an a - ed member \for acceptance into the secondary system of stat hfghw
of the immediate family for a period o two (2) years rom the date 3n4 will not be maintained by the Virginia Departme
of recordation of this plat except as au ized „ ction 14- 212(A) Trans f Albemarle
of the Albemarle County Code. If Porcel 'X" is conveyed bock to the . esidue ' reTdlns-3-developcnent_righte. of rcel "X"
grantor within this period, tt shall be recombined with Porcel 18C. may not be further divided.
OWNERS APPROVAL:
The division of land described herein is with the free
consent and in accordance with the desires of the
undersigned owners, proprietors, and trustees. Any
reference to future potential development is to be
deemed theoretical only. All statements affixed to ,
this plot are true and correct to the best of my c LTN
knowledge. J4.. � p L,
y i p
W(+1 J H. Kennedy (1,
Cne Q M. Kennedy , • l ( M L L K9 �t ,r - [w 9 47 �e �✓4,.5
Dlon M . Kennedy �
J
Willio B. Mawyer S
( I e.7:(a 0.. ? 7,r, e r�y� ( z
Betty 'J. Maiiyer. ll �/ 7 /�
NOTARY PUBLIC: (KENNEDY)
The foregoing instrument was acknowledged
before me this the iQ'-f day of )10 be..vya =u-'
AooA-
my commission expires: 1- 3/ A00 5 lki
INCORPORATED
NOTARY PUBLIC: (MAWYER) LAND SURVEYORS
The foregoing instrument was acknowledged Sc
before me this the.I9 day of .t1 ' 2%ei) LAND PLANNERS
Date: June 21, 2002 P.O. Box 1348
app,, _ Charlottesville, VA 22902
Revised: Aug. 15, 2002 (804) 971 -8339
my commission expires: ,J_g_ir aoco Revised: Oct. 8, 2002 JAT / 02- 044.0WC
Sheet 1 of 2 IO2- 044 -00
Book:2414,Page:624
(Page 7 of 8)
,fir `.v.*
r ?1 A- C \q U C31-Th
n// Alma N. Ball
TMP 85 -18E
DB 1113/001
_ _ x S89'16x26 "E 2 0.95' x x .2c 670.96' To I.R.F.
I.R.S. I.R.S.
TMP 85 -18C
Parce " X " G. Residue
2.31 Ac. - o ±8.312 Ac.
q a —2.310 Ac.
LA
r p, ±6.002 Ac.
o y w r;
cr. lo
`PSI ` � to
co Vi)."'
o
v
to
L
o c a' 0 Existing
0 House
n// William 8. or / /
Betty J. Mowyer
TMP 85 -188 /
08 1531/475
, / /
/
I.R.S. o ; :< / / /
S m, 1'1 /
/ n/1 Patrick P. or
/ Kimberly S. Murphy
LTti - S. rn v-3 / TMP 85 -1852
���T� tip fr o- <N I / DB 1601/075
2 I.R.S,
�
,' a \ . Utility
DI \ � � \ •ole (typ.)
STEVEN L j y
No.l 40' Ingress- Egress
/( / z 7 � Easement Extended �, \ `, \ // N
C ep ^ii r1 y N
. \
-'-. `\
Plat Showing a Division of . �/ A�S\
Tax Map 85, Parcel 18C N. 7%,
Existing 40'
Located off of S.R. 635 Ingresemmiss f
Cra DB 657/375 s Store Road \9ssrs
Samuel Miller District o ^P4 a `� s
Albemarle County, Virginia
Date: June 21, 2002
Revised: Aug. 15, 2002 (county comments)
Revised: Oct. 8, 2002 (county comments)
100 0 100
50 50 200
Scale: 1" = 100' K Y
INCORPORATED
LAND SURVEYORS
Surveyor's Statement:
On May 19, 2002 1 made a field survey as per &
record description of the property shown on this LAND PLANNERS
plot, To the best of my knowledge and belief this P.O. Box 1346
is o true and accurate plat. Charlottesville, VA 22902
(804) 971 -8339
•
-_ L.S. N %74- JAT / 02- 044,DWG M(tD
Sheet 2 of 2 02- 044 -00 t1• Ile •e .
•
Book:2414,Page:624
(Page 8 of 8)
'vow 'gee
RECORDE CLERK O NF F ICE OF
March 27,2003 AT 12:54:42 PM
$OAO GRANTOR TAX PD
AS R STATE $0A0 LOCAL: $0 O01 �2
SHELBY MARSHALL,CLERK CIRCUIT CT.
/J f
Book:2414,Page:624
(Page 1 of 6)
71 .
• MAINTENANCE AGREEMENT
THIS MAINTENANCE' AGREEMENT, made this 25tMlay of
September, 1978, by and between William Blaine Mawyer and • :
Betty Jean Mawyer, husband and wife,
• WHEREAS, William Blaine Mawyer and Betty Jean Mawyer
hereby declare that they are the owners of parcels Chown and '
. , designated as "21+ Acres Remaining" and "8.312 Acres" on .
subdivision plat of The W. B. Mawyer Property prepared by B.
Aubrey Huffman and Associates, Ltd., dated June 8, 1978, •
which plat is attached hereto as a part of this Agreement;
WHEREAS, said plat designates an area as "Forty Foot
- Ingress and Egress Easement "; and,
WHEREAS, William Blaine Mawyer and Betty Jean Mawyer
hereby declare their intention to impose restrictions and
obligations with respect to the maintenance of the aforesaid
Forty Foot Ingress and Egress Easement;
NOW THEREFORE, For one dollar and other good and
I - valuable consideration, the following restrictions and obli-
gations with respect to the maintenance of the aforesaid
Forth Foot Ingress and Egress Easement are hereby imposed upon
the parcel shown as "21+ Acres Remaining" and the parcel shown
' as "8.312 Acres ":
1) Each owner of each of the two lots in The W. B. •
•. !lawyer Property (hereinafter "Lot Owner ") shall pay one -half
of the cost of repairs and /or maintenance to the road which
is to be constructed within the - limits of the said Forty Foot
Ingress and Egress Easement whenever such maintenance or
; 11 repairs are deemed to be necessary.
2) Repairs and /or maintenance of the said Forty Foot
411) Ingress and Egress Easement shall be deemed necessary when
either of the two Lot Owners notifies the other Lot Owner.
MGM T. A"*
ocMT. LTD. Consequently, the standard to which the aforesaid road is to
LAW *MACH
CMA"lA.�W VIA be constructed and maintained is to be determined by either u t._. ■f3e_cevi--, _,
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Book:657,Page:371
(Page 2 of 6)
1--..- YID - Nw/'
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1 / -2_
of the Lot Owners who gives 30 days written notice tc the
other Lot Owner. 111 3) Repairs and /or maintenance shall be contracted
for and paid in the following manner:
i (a) If both Lot Owners agree to the contemplated
repairs and /or maintenance, each shall sign the
contract with the person or corporation performing
any such repairs and /or maintenance and shall pay
directly to said person or corporation one -half
i of the cost thereof, within 30 days after .a bill
for such charges is submitted.
•
(b) If, in the event that the Lot Owners Rio not
agree to the repairs and /or maintenance, the Lot
Owner seeking such repairs and /or maintenance as may
be reasonably necessary may contract for the work
•
and pay for .same. One -half of the costs of the
' die ,
repairs and /or maintenance shall then be e from the
. • objecting Lot Owner and if not paid within 30 days,
i • the amount due shall bear interest at the ::aximum rate
. provided by law.
1
4) There shall be a continuing lien upon each of the
aforesaid parcels to secure payment of the charges herein ,
provided for repairs and /or maintenance, but such Liens shall ,
at all times be subject to the lien of any mortgage or deed
of trust placed on the property at any time. If either Lot
i
Owner has not paid his share of t cost of the repairs and /or
maintenance within 30 days after a bill for same as been
rendered, a memorandum of non- payment as to such parcel may
P be recorded by:
C
(a) the other lot owner; or
YWCNDEL *l
DENT. LTD. (b) by the person or corporation performing such
O"` ^ "'L"A- repairs and /or maintenance. .
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Book:657,Page:371
(Page 3 of 6)
f J
-3-
Prom the time of such recordation, the amount stated in the
memorandum of non - payment, together with interest, costs and I
i
reasonable attorney's fees, shall become a lien prior to
any mortgage or deed of trust recorded subsequent to the
date of the recordation of such memorandum.
5) If one of the Lot Owners has paid for all of the
charges as provided in Section 3(b) or if the Lot Owners
agree as to the repairs and /or maintenance as provided in
Section 3(a), but one or both of the Lot Owners have not
•
paid their one -half share, then actions may be brought against
the non - paying Lot Owner(s) by the paying Lot Owner (if any)
or by the person or corporation performing such repairs, and /or
' maintenance. The actions which may be brought include the
followings
(i) an action at law against the Lot Owner(s) obligated, I
but declining to pay the one -half share of said charges; or
(ii) a suit to foreclose the lien provided for herein
•
against any such lot Owner(s) property. .
6) The parties hereby declare that said access road
. contained in the Forty Foot Ingress and Egress Easement is
•
not a public road and will not be maintained by the County
of Albemarle, Commonwealth of Virginia, or any other public
agency.
WITNESS the following signatures and seals:
�iic _...,s f a—_-_,,
+.- P ���+-� -+_,,- - ,(SEAL) 1
Wil lam l T- - Blaine Mawyer —�J'°
� tx1. (SEAL)
Betty J c an awawyer — 47
)
STATE OF VIRGINIA: .
' COUNTY OF ALBEMARLE, to -wits
i
' e This day personally appeared before me, a Notary Public
MICHAEL AMC
CWT. L.
uw wrMwP
MIAMaTIMMMILLVAL
•
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Book:657,Page:371
(Page 4 of 6)
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$ in and for the county and state aforesaid, William Blaine
, 1 . Mawyer and Betty Jean Mawyer, who acknowledged their signature
to thj foregoing instrument.
1 III
Given under my hand this 3 day of (i)c _., 1978.
My Commission expires: 74.2J . _ty /Y9/
Notary Public Cr- -------
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Book:657,Page:371
(Page 5 of 6)
•
OWNER'S APPROVAL 1 65 T o Ze- 31 J
d N IS
1H.S Su1VISM 140.134 W1IH Tut CONSENT Or THE UNDERSIGNED O .,1r WNERS. n10Y[If[[ONS. AND/ON TRUSTEES All ROADS AND STRUTS.
1 001 ••tS•OUSIT DOICA10D NIT HEREBY TENDERED FOR MOUTON TO PUBLIC USE
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rr a••••Ra sr r1 ••••�• l4A•Yl•• 9 Q v •1 • T• 9 S L D S S O N 6
J•Kr a•tar. MOM :ION'S,* •.• \\ i. 63
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2 1 . 9 ? S N O W I N G /
8 3 1 2 A C R E S B E I N G A P O R T I O N O F
THE W.B. MAWYER PROPERTY
SHOWN AS PARCEL 188 ON SHEET 85 COUNTY TAX MAPS
AL B E N A R 1. E C O U N T Y , v I R G l N I A
J 0 0 A 0. I B 7 0
0 too •00 • 0D •Do .000 .t DD
` -- G . e . A , a S t e l e I• 409 1
I 6. AUBREY HUFFMAN 8 ASSOCIATES, LTD.
r I L E N G I N E E R I N G . L A N D S U N V E Y I N G 046 L A R D P L A N N I N G
C H A P L O T T E S V I L L E , V I R G I N I A
COU 07 Al COUNEY Of ALBEMARLE CERTIFICATION
PLANNING CM.RAISSIOEE BOARD Or SUPERVISORS
TH 7,d12/..p)_ IS IS AA CORRECT END AACURATE PEAT
cif.: � £
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Book:657,Page:371
(Page 6 of 6)
-
6
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF ALBEM?RLE
This deed vas presented, and with Certificate annexed, admitted to record or
/�
( 1 - / ( /3 /%)r� at / 2') O'clock �' K.
STATE TAX
LOCAL TAX
TRANSFER FEE
CLERK'S FEE //' TESTE:
PLAT ' ro SHELBY J. MARSHALL, CLERK
GRANTOR'S TAX j�
TOTAL f &. f'2 BY / Lek. ti /J'./ �l DEPUTY Gl ERY.
1
•
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Book:657,Page:371
This document was prepared by:
Tucker Griffin Barnes PC / VSB #: 12360
Skt_e0 v1A C HI \ C-r) b(-A 01 / s 1 0/
Tax Map and Parcel Number: 08500- 00- 00 -018C0 (. y 0 ,Y 4 C`S ( ( V-
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1 2 YZ �� Oj
DECLARATION
THIS DECLARATION is made this t day of April, 2013 by Diana M. Kennedy (the
"Declarant ").
WITNESS:
WHEREAS, the Declarant is the owner of that certain real property (the "Property ") located
in Albemarle County, Virginia, more particularly identified in the County of Albemarle, Virginia
tax maps as a portion of Tax Map and Parcel Number 85 -18C containing 6.002 acres more or
less, as shown on the plat prepared by Archie J. Dodson, Jr. dated December 20, 201Z1ast
revised March 4, 2013 and entitled `Plat Showing a Division of the Lands of Diana M.
Kennedy...' which is recorded immediately prior to this declaration/which is attached hereto and
is to be recorded with this Declaration (the "Plat "); and
WHEREAS, the Declarant desires to record the Plat to subdivide the Property into "Lot X,',
containing 2.388 acres the `Residue Lot' containing 3.614 acres, as more particularly shown on
the Plat (the "Lots" and the "Subdivision ") .
WHEREAS, the Subdivision has been approved by the County of Albemarle, Virginia as a
family subdivision in accordance with Albemarle County Code § 14- 212(B), and as a family
subdivision certain restrictions must be imposed upon the Lots and the Declarant desires to impose
such restrictions.
NOW, THEREFORE, the Declarant declares the following:
1. Conveyance to person not member of the immediate family prohibited during retention
period. Neither Lot X nor the "Residue Lot" may be transferred, except by devise, descent or
operation of law, to a person other than an eligible member of the immediate family of the
subdivider, for a period of four (4) years after the date of recordation of the Plat (the "Retention
Period "), except for purposes of securing any purchase money and /or construction loan,
including bona fide refinancing, or if the lending institution requires in writing that the spouse of
the member of the immediate family be a co- grantee and co -owner of the lot.
1
Version: 11/26/12
2. Conveyance back during retention period. If either lot created by the Subdivision is
conveyed back to the grantor during the four (4) year Retention Period, it shall be recombined
with the parent lot within six (6) months after the conveyance and no building permits shall be
issued for the lots until they are recombined.
3. Member of the immediate• family defined. The term "member of the immediate family"
means the natural or legally defined off - spring, grandchild, grandparent, or parent of the owner
of property.
WITNESS the following signature.
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DECLARANT: ` ��`�`� tt tkRIST4 '' ii��
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� .. ....... • DIANA M. KENNEDY
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COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF pc, y V Cu .
The foregoing instrument was acknowledged before me this ) t ` - flay of April, 2013 by
Diana M. Kennedy, Declarant. '
U ! " otary blic •
My Commission Expires: Lit t
Registration number: —Y)---\ l vI•2
2
Version: 11/26/12
This document was prepared by:
Tax Map and Parcel Number
DECLARATION
THIS DECLARATION is made this day of , , by
(the "Declarant ").
WITNESS:
WHEREAS, the Declarant is the owner of that certain real property (the "Property ") located
in Albemarle County, Virginia, more particularly identified in the County of Albemarle, Virginia
tax maps as Tax Map and Parcel Number , containing acres more or less,
as shown on the plat prepared by , dated , last
revised , and entitled , which is recorded
immediately prior to this declaration/which is attached hereto and is to be recorded with this
Declaration (the "Plat "); and
WHEREAS, the Declarant desires to record the Plat to subdivide the Property into "Lot , ",
containing acres and "Lot [or the "Residue Lot "]," containing acres, as more
particularly shown on the Plat (the "Lots" and the "Subdivision ") .
WHEREAS, the Subdivision has been approved by the County of Albemarle, Virginia as a
family subdivision in accordance with Albemarle County Code § 14- 212(B), and as a family
subdivision certain restrictions must be imposed upon the Lots and the Declarant desires to impose
such restrictions.
NOW, THEREFORE, the Declarant declares the following:
1. Conveyance to person not member of the immediate family prohibited during retention
period. Neither Lot nor Lot "[or the `Residue Lot "] may be transferred, except by
devise, descent or operation of law, to a person other than an eligible member of the immediate
family of the subdivider, for a period of four (4) years after the date of recordation of the Plat
(the "Retention Period "), except for purposes of securing any purchase money and /or
construction loan, including bona fide refinancing, or if the lending institution requires in writing
1
Version: 11/26/12
that the spouse of the member of the immediate family be a co- grantee and co -owner of the lot.
2. Conveyance back during retention period. If either lot created by the Subdivision is
conveyed back to the grantor during the four (4) year Retention Period, it shall be recombined
with the parent lot within six (6) months after the conveyance and no building permits shall be
issued for the lots until they are recombined.
3. Member of the immediate family defined. The term "member of the immediate family"
means the natural or legally defined off - spring, grandchild, grandparent, or parent of the owner
of property.
WITNESS the following signature.
DECLARANT: [Name]
[insert name of declarant here, and if the declarant
is an entity, insert the name of the entity, the name
of the person signing on behalf of the entity, and
that person's title]
COMMONWEALTH OF VIRGINIA
•
CITY /COUNTY OF
The foregoing instrument was acknowledged before me this day of
201_ by , Declarant.
Notary Public
My Commission Expires:
Registration number:
2
Version: 11/26/12
Prepared by:
Return to
Tax Map Reference No.: 08500- 00- 00 -018C0
THIS DEED OF EASEMENT AND AGREEMENT, made and entered into this day of
, 2013, by and between Diana M. Kennedy, Grantor, and Kevin Kennedy,
Grantee, whose address is
WITNESSETH:
That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, and other good
and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, the
Grantor does hereby grant and convey unto the said Grantee, his successors and /or assigns, the
following described easement, to -wit:
A permanent Right -of -Way Easement, Twenty Foot (20') in width, to provide ingress and egress
to and from the existing Forty Foot (40') Ingress Egress Easement, further described by
Instrument recorded in Deed Book 657, page 375. The Grantor herein further grants and
conveys the rights of ingress and egress over and across the existing Forty Foot (40') Ingress
Egress Easement to Craig's Store Road, together with the right to install, construct and maintain
utilities thereto for the benefit of the following described real estate:
ALL that certain lot or parcel of land, together with any improvements thereon
and all appurtenances thereunto belonging, or in anywise appertaining, described
and designated as being Parcel `X', containing 2.388 Acres, more or less, as
shown and described on that certain plat of survey dated December 20, 2012, last
revised March 4, 2013, entitled `PLAT SHOWING A DIVISION OF THE LAND
OF "DIANA M. KENNEDY" Deed book 658, Page 297 & Deed Book 2414,
Page 629 Portion of Tax Map #85 -18C Upper Mechums River Watershed & South
Fork Rivanna Watershed Albemarle County, Virginia', a copy of which is found
of record in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book , page
Reference to plat is hereby expressly made for a more particular description
and for further derivation of title.
The easement hereby granted includes:
1. The right of ingress and egress over, under and across the lands of the Grantor for the purpose
of exercising the rights herein granted; and,
2. The right to open and close fences; and,
The easement granted herein for the specific location described above is in addition to any
easement for right -of -way now in existence or which may be acquired in the future.
The Grantor warrants that she is the owner of the interest hereby conveyed and that has the right
to make this conveyance, and covenant that the Grantee, his successors and /or assigns, shall
quietly enjoy the premises for the uses herein stated.
The Grantor, her successors and /or assigns, further covenants that no building or structure shall
be erected within the easement of right -of -way herein granted without the written consent of the
Grantee, his successors /or and assigns.
The Grantor, her successors and/or assigns, further covenants that she shall not change the grade
along or upon the right -of -way by removing or placing earth, unless otherwise agreed to by the
parties prior to such activity taking place.
The Grantee, his successors and /or assigns, covenant that he shall repair any damage that it shall
do to the property of the Grantor, her successors and /or assigns, during the construction,
operation, maintenance, replacement, or removal of any utilities or improvements added to said
property described above, and the constituent elements thereof and shall indemnify the Grantor,
her successors and /or assigns, against any loss or damage caused by the Grantee, her successors
and /or assigns.
This easement shall run with the land of the Grantor, and shall be binding upon the heirs,
executors, administrators, successors, and assigns of the Grantor and of the Grantee. w �
Grantee agrees to maintain the private road servicing the herein described property, designated a,
on the aforesaid plat as `New 20' Ingress /Egress Esmt.' in a good and passable condition at his
expense solely. The Grantee further agrees to maintain the road from the driveway of Parcel `X',
described herein, to the `Ex. 40' Ingress /Egress Esmt'. These provisions for the maintenances of
the private road attach to the property and will pass with it to any subsequent owners.
Both Grantor and Grantee herein agree to jointly and equally maintain the private road
designated on the aforesaid plat as `Ex. 40' Ingress /Egress Esmt.', servicing the property in good
and passable condition at their sole expense. These provisions for the maintenances of the
private road attach to the property and will pass with it to any subsequent owners.
Pursuant to Albemarle County Code 14- 212(B), both Grantor and Grantee intend to place a
covenant on the land herein described as follows:
No lot created by the family subdivision, including the residue, may be transferred, except by
devise, descent or operation of law, to a person other than an eligible member of the immediate
family of the subdivider, for a period of four (4) years after the date of recordation of the plat,
except for purposes of securing any purchase money and /or construction loan, including bona
fide refinancing, or if the lending institution requires in writing that the spouse of the member of
the immediate family be a co- grantee and co -owner of the lot. - - - . i : • • . . .: - _
- - • i - - ;1 - ; - - - ; . : . .. - ... ' • ' ' • • : . •• - . . - ! • e • 16 • _. : i . 11 - 11. • • uu ! - -1 .. • 'e• • u • : - - ; • 1 _ 1 1 1 - - • - 1 • 1 11. . _ ! _ : - . ' - .. :. u •.. i • . IN •
.. • • . • . . -- i - -. "I • •-•-•
- - en ion.- '••,' ;- - -:- : ;• - ; •• ' • • m•' sa'ersu
. ...• :' : - --• • _ . - •. _ • : - . • are re • .
WITNESS the following signature and seal:
}
(SEAL)
DIANA M. KENNEDY - Grantor
STATE OF VIRGINIA
COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this day of ,
20 by Diana M. Kennedy.
Notary Public
My commission expires: Registration Number:
(SEAL)
KEVIN KENNEDY - Grantee
STATE OF VIRGINIA
COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this day of ,
20 by Kevin Kennedy.
Notary Public
My commission expires: Registration Number: