HomeMy WebLinkAboutSDP201100041 Legacy Document 2011-08-18 (6)THIS INSTRUMENT PREPARED BY & TO BE RETURNED TO:
NAME Jessica Wilmer
ADDRESS Virginia PCS Alliance, L.C.
1150 Shenandoah Village Drive
Waynesboro, Virginia 22980
Albemarle County Tax Parcels: 04300 -00 -00 -01600 and 04300- 00- 00 -016GO
DECLARATION OF RESTRICTION
This Declaration is made this 1" day of uyl-(-- . 2011, by LEE Y. CANTRELL,
owner of 24.670 acres in Albemarle County identified as Tax Map 43, Parcel 16 (The
"Property').
WHEREAS, Virginia PCS Alliance, L.C., a Virginia limited liability company, d /b /a
NTELOS, will construct a 111.6' telecommunications tower on a parcel adjacent to the
Property, more particularly known as Tax Map 43, Parcel 16G; and
WHEREAS, construction of such tower requires a certain portion of the Property,
which portion is more particularly described below, remain undeveloped for purposes of a
"Fall `Gone "; and
WHEREAS, LEE Y. CANTRELL desires to restrict the use of the portion of her
property lying within the Fall Zone as described below and as identified as "Proposed
111.6' Fall Zone Easement" on a survey by Timmons Group dated June 3, 2011 and
attached hereto as Exhibit A.
1 Attachment E
NOW THEREFORE, LEE Y. CANTRELL declares as follows:
That portion of the Property described as follows shall not be developed to include
any permanent building or structure, except for fences, walls, or other structures
specifically permitted by Albemarle County Code. Notwithstanding the foregoing,
agricultural activities such as farming, grazing, and other similar activities may be
conducted within the Fall Zone provided that they do not require the use of structures and
buildings within the Fall Zone:
Situated, lying and being all that certain piece or parcel of land
located in the Samuel Miller Magisterial District of Albemarle County,
Virginia and being more particularly described as follows; commencing
at a found witness post located on the Eastern right of way line of
Owensville Road, said post being located approximately 165 feet South
of the intersection of Owensville Road and Ivy Springs Lane and being
the Point of Commencement, thence South 67 degrees 11 minutes 58
seconds east a distance of 492.90 feet to a found rod, thence North 89
degrees 49 minutes 19 seconds East a distance of 73.34 feet to a point,
said point being the Point of Beginning of a proposed fall zone easement;
thence along said easement the following courses:
A curve to the right having a radius of 111.60 feet, a curve length of
192.28 feet, a tangent length of 130.02 feet, and a chord bearing of North
89 degrees 49 minutes 19 seconds East a distance of 169.37 feet to a
point,
Said point being the Point of Beginning and containing 4,574.02
square feet or 0.105 acres of land more or less.
This portion of the Property described above shall serve as a portion of the Fall Zone
for purposes of Albemarle County Code, Chapter 18, Sections 4.10.3.1.(b) and 5.1.40a.6.b.2
as they relate to the telecommunications tower located on the adjacent parcel owned by
LEE Y. CANTRELL, known as Tax Map 43, Parcel 16G.
2
This Declaration shall run with the land and be binding upon my heirs, successors
and assigns,
WITNESS the following signature and seal:
LEE Y.
(SEAL)
LE Y. CAN`I'1ZfiLL, OWNER
BY: ROBERT WENDELL CANTRELL,
ATTORNEY -IN -FACT
COMMONWEALTH OF VIRGINIA
COUNTYICITY OF Aj hx rna /i z- , to -wit:
The foregoing DECLARATION OF RESTRICTION was acknowledged before me, this � D-f-k
day, of _ �3 N,r.e.') z 011 , by ROBERT WENDELL CANTRELL, ATTORNEY -
IN -FACT, who is personally known to me or produced satisfactory identification.
My Commission expires: Z J Z� 12, D 12—
Ul 0,�
()Notary Public
Name: _,, e s51 « I l w& e r
Registration No: Z1:1 Q SS Z to
�Q ?jam r
COMMONWEALTH .
OF VIRGINIA
_ � COMMISSION
8 290826
3 Attachment E
EXHIBIT A
"Variable Width Fall Zone Easement"
{Attach Fall Zone Easement survey by Timmons Group dated June 3, 2011)
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