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HomeMy WebLinkAboutSUB201000043 Legacy Document 2010-07-20Prepared By: Zunka, Milnor, Carter & Inigo, Ltd. 414 Park Street Charlottesville, VA 22902 (434) 977 -0191 PARCEL ID: 71 -37 DECLARATION THIS DECLARATION is made this i In day of July, 2010, by STANLEY L. PATTERSON, JR. ( "Declarant "). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 54.73 acres, more or less, known as TMP 71 -37, (the "Property ") as shown on the plat identified as "FAMILY SUBDIVISION PLAT LOT A, LOT B & LOT C, A DIVISION OF THE STANLEY L. PATTERSON, JR., PROPERTY AND NEW 40' PRIVATE STREET EASEMENT AND NEW SITE DISTANCE EASEMENT AND NEW EMERGENCY ACCESS EASEMENT LOCATED ON STATE ROUTE 624 (PATTERSON MILL LANE) ABOUT 0.5 MILES NORTH OF STATE ROUTE 688 (MIDWAY ROAD) WHITE HALL DISTRICT, ALBEMARLE COUNTY, VIRIGNIA." dated April 7, 2010, as revised June 7, 2010, made by Roger W. Ray & Assoc., Inc., a copy of which plat is attached hereto and recorded herewith (the "Plat "). WHEREAS, Declarant desires to record the Plat to subdivide the property into Lot A containing 23.82 acres, Lot B containing 13.03 acres and Lot C containing 17.88 acres, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14- 212(a) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Lot A, Lot B and Lot C and Declarant desires to impose such restrictions. WHEREAS, Declarant desires to reserve an easement for ingress and egress to State Route 824 as described herein. NOW, THEREFORE, Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Lot A, Lot B and Lot C as further shown on the Plat. 2. Neither Lot A, Lot B or Lot C, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of Declarant, 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. If any lot created 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 such conveyance and no building permits shall be issued for the lots until they are recombined. 3. Declarant hereby reserves an easement across Lot A and Lot B and the location shown on the plat as NEW 40' PRIVATE STREET EASEMENT for the joint non - exclusive use of Lot A, Lot B and Lot C for ingress and egress to and from State Route 824. Such easement shall be binding upon the owners of Lot A, Lot B and Lot C and their respective successors in title. WITNESS the following signature and seal. S J r+or�FM "Opy (SEAL) oaT;iiil wtHrENSEL a My C4Wmsw moon ALLYw,Mkt Stanley L. atterson, Jr. ep�rxewonrnauM COMMMONWELATH OF VIRGINIA CITY /COUNTY OF A \bPVrar 1 e to wit; The foregoing instrument was acknowledged before me this I day of July, 2010, by Stanley L. Patterson, Jr. —Notary Pu 'c My Commission Expires: 0­1 Notary Registration: ­1 l G i bcl .3