HomeMy WebLinkAboutZMA197700012 Ownership Documents 1977-10-11 KNOW ALL MEN BY THESE PRESENTS :
That James M. Maupin and Sarah M. Maupin hereby declare that
they are the owners of Lots 1, 2 , 3 , 4 , 5 , and 6 and the areas
designated as "Common Open Space" and "Common or Shared Driveway"
on subdivision plat of Jarman Gap Estates prepared by R. O. Snow
& Associates, dated August 22 , 1977 , which plat is hereto attached
as a part of this declaration.
By the recordation of this instrument the following restric-
tions and obligations with respect to the maintenance of said
"Common or Shared Driveway" and the "Common Open Space" are hereby
imposed on all of said six parcels:
(1) Each owner of each lot in Jarman Gap Estates (hereafter
"Lot Owner") shall pay (i) the costs of repairs and maintenance to
the road which has been constructed within the limits of said
Common or Shared Driveway whenever a majority of the Lot Owners of
said lots deem such maintenance or repairs are necessary, and
(ii) the costs of maintenance of the Common Open Space. A MAJORITY
OF THE OWNERS OF SAID LOTS SHALL DETERMINE THE STANDARDS TO WHICH
THE AFORESAID ROAD IS TO BE CONSTRUCTED AND MAINTAINED. Each of
the Lot Owners shall be liable for 1/6th of the costs of repairs
and maintenance of said road and for the maintenance of the. Common
Open Space and shall pay to the person or corporation performing
such repairs or maintenance 1/6th of the costs thereof within thirty
(30) days after a bill for such charges is submitted by the person
or corporation performing such repairs or maintenance. If not paid
within said time period the amount due by such lot owner shall bear
interest at the maximum rate provided by law and the other lot
owners liable for such charges or the person or corporation perform-
ing such repairs or maintenance may bring an action at law against
the lot owner obligated to pay 1/6th of said charges or foreclose
the lien hereinafter provided for against such lot owner ' s property
and interest, costs and reasonable attorney' s fees shall be added
to the amount of such charge for which such lot owner is responsi-
ble. In the event of the platting of additional lots in Jarman
Gap Estates which use the Common or Shared Driveway a supplementary
declaration shall be recorded with each of such new plats, which
shall extend the scheme for maintenance to such additional lots and
the lots using each such private driveway shall bear a proportion-
ate cost of the maintenance without regard to the distance of such
lot from the public road.
(2) There shall be a continuing lien upon each of said six par-
cels to secure the payment of the charges herein provided for
repairs or maintenance, but such lien shall at all times be subject
to any first or second mortgage or deed 2f trust placed on the pro-
perty at any time. If the 1/6th portion of any costs of repairs or
maintenance is not paid by any owner of said 6 lots within 30 ' days
after the same becomes due and payable a notice of such non-payment •
as to such parcel may be recorded by the other parcel owners or by
the person or corporation performing such maintenance or repairs in
the Clerk ' s Office of the Circuit Court of Albemarle County, and
from the time of such recordation the amount stated in the notice
with interest, costs and reasonable attorney ' s fees shall become a
lien prior to any first or second mortgages or deeds of trust
recorded subsequent to the date of such notice,
The said access road is not a public road and will not be main-
tained by the County of Albemarle, the Commonwealth of Virginia, or
any other public agency.
IN WITNESS WHEREOF James M. Maupin and Sarah H. Maupin have
signed and sealed this instrument this k�
day of (CG� . ...
1977.
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James M. Maupin ! (3FAL}
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• 0.4 ? . 72/,2t` (SEAL)
S rah'. pines
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this
day of c(- ° , 1977, by James Ma Maupin, as 0177-6-ani.
My Commission Expires: Luse 3, I '7
Notary Public
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this 1
day of OcAt/ , 1977 , by Sarah B. Maupin, as 0-24" ^'
My Commission Expires: pi-y14-? 3 , /17�
Notary Public