HomeMy WebLinkAboutSUB198000042 Plat Final Plat 1980-03-06 Own a r6 4pprova/
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• J�T� � ; AREA Of O,e/G/NAL TKACT C /03.8G4 qc, f ? ?° h� h
•.'1 GLOECKNER tE LINCOLN. INC.
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� NOTE fd� gi5�0�` k1 ENGINEERS. SURVEYORS AND LAND PLANNERS
..,e „A,°",K �,s NO rY7orQ -Mon On6 �/wQ llir� par-�rG6I ��MAS 0U�441_J.! 710 EAST HIGH STREET
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T TO CA NO urfhQr Subdivisian aifhodf P/<rn/n \
GNARLOTT[SVILL[, VIRGIN IA i2/Ot
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THIS CERTIFICATE, made this 27th day of May, 1920,
by Edward C. Wingfield, widower, certifies that the plat dated
March 6, 1980, made by Gloeckner and Lincoln, Inc. , hereto at-
tached and recorded as a part hereof, shows a subdivision of the
property located in the Jack Jouett Magisterial District of Albe-
marle County, Virginia, acquired by Edward C. Wingfield by deed
of partition dated June 1, 1979, of record in the Clerk' s Office
of the Circuit Court for said County in D. B. 679, page 361 .
PARCEL F, shown on said plat attached, is already
subject to the road maintenance agreement as set out in said deed
of partition.
The following Covenants of Restrictions and Obligations
respecting road maintenance and repair are hereby imposed on Trac
C-1, Tract C-2 and Tract C-3 , as shown on said plat hereto at-
tached:
1 . The owner of each of said Tracts shall pay an
equal share of the costs of repairs and maintenance of the road
shown on said plat as 30-ft. access easement.
2. Said road easement shall be maintained to a
standard of condition approximately equal to that at the time of
its initial construction or subsequent improvements, and so as
to allow for the reasonable and safe access of standard passenger
automobiles in all but severe weather. Snow removal shall be
deemed necessary maintenance as contemplated herein. Maintenance
and repairs shall include the roadbed and surface and drainage
culverts and ditches .
3. Any Owner may initiate repairs or maintenance by
OREIN F. CARTER first informing the others in writing of his intention and the
DAVID C. CARTER
DOUGLAS C. CARTER extent of work sought. If no objection is received within seven
ATTORNEYS AT LAW
CHARLOTTESVILLE,VA. (7) days of such notice, then theinitiating Owner may proceed
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with the work. However, no notice for initiating snow removal or
removal of impassable obstructions shall be required. Each Owner
shall pay his share of the cost to the contractor and/or material-
man prior to the payment due date specified on any bill for work
or materials .
4 . There shall be a continuing lien upon each of the
three Tracts to secure the payment of the charges herein provided
for the .30-ft. access easement repairs or maintenance but such
lien shall at all times be subject to any first or second deeds
of trust placed on the property at any time until notice of such
lien shall have been recorded as hereinafter provided. If the
proportionate share of any costs of repairs or maintenance due
hereunder is not paid by any Owner of any of said three Tracts
when due, a notice of such non-payment as to such Tract may be
recorded by any other tract owner or by the person or corporation
performing such repairs or maintenance in the Clerk's Office of
the Circuit Court of Albemarle County, Virginia, 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 deeds of trust recorded subsequently to the
recording of such notice.
5. If agreement cannot be reached as to the need
for maintenance and repairs, then the party desiring the work may
proceed to enforce these covenants by legal action with all costs
and reasonable attorney' s fees -incurred therein to be awarded to
the prevailing party.
WITNESS the following signature and seal :
ORBIN F. CARTER /� e
DAVID C. CARTER CG/ _ (SEAL)
DOUGLAS C. CARTER dward C. Wing le
ATTORNEYS AT LAW
CHARLOTTESVILLE,VA.
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STATE OF avivcaLt&e.S'
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of Coli- C . , to-wit:
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The foregoing instrument was acknowledged before me
this day of 0,tv 1980 , by Edward C. Wingfield.
My Commission expires Cq1,0L ter a.._ •
NOTARY PU IC
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ORBIN F. CARTER
DAVID C. CARTER
DOUGLAS C. CARTER
ATTORNEYS AT LAW
CHARLOTTESVILLE,VA.