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HomeMy WebLinkAboutSUB201500163 Review Comments Family Division Plat 2015-10-26Community Development Document Review County Attorney's Office PROJECT NUMBER: c) You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement /easement Open space /greenway easement Dedication of right -of -way Parcel determination Other: jp�, YX The document: approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionaUy approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description needs to be revised (see comment below) Other (see comment below) If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. , Jilla� ....�'�l I • 1 " Date; Prepared by: Thomas G. Hogge 709 Moore Road RuckersviIle, VA 22968 PARCEL ID: 08900- 00- 00 -023B8 DECLARATION THIS DECLARATION is made this pyday of b Jeffrey Ja y Birckh ead, the "Declarant "). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 6.12 acres more or less, known as TMP 08900- 00 -00- 023138, (the "Property ") as shown on the plat identified as "DIVISION SURVEY SHOWING TMP 89 -23138 LOT 8 BISCUIT RUN ", dated made by STEVE GARRETT., a copy of which plat is attached hereto and recorded herewith (the "Plat "). WHEREAS, the Declarant desires to record the Plat to subdivide the Property into "Lot I", containing 3.10 acres, and the "Residue Lot ", containing 3.02 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 1 and the Residue Lot and the Declarant desires to impose such restrictions. NOW THEREFORE, the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into. Lot 1 and the Residue Lot as further shown on the Plat. 2. Neither Lot 1 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 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 either 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. WITNESS the following signature and seal. QvJI (Seal) 12 M J AY BIRCKHEAD COMMONWEALTH OF YMGINIA CITY /COUNTY OF �Gpr /J�, to wit; Zo! S The foregoing instrument was acknowledged before me this q?5% day of r24YY ,-by JEFFREY JAY BIRCKHEAD. My commission expires: 16 No is GRA `'', 4% 0 •;* 754498Q e LTM ,,, 61W1011 IL'is FAMILY SUBDIVISION AFFIDAVIT RMAQ, %, COUNTY OF ALBEIVIARLE AFFIDAVIT "�' �j Ver' Famil Relationship of Grantor to Grantee j tiJ . F�l (property owner /Grantor) hereby certify that the subdivision of Tax Map Parcea_ s a family subdivision in accordance with Sections 14 -208, 14 -211, and 14 -212 of the Albemarle County Subdivision Ordinance, and that the table below outlines the relationship of each Grantee to the Grantor. I acknowl- edge that I have read and understand Sections 14 -208, 14 -211, and 14 -212 of the Albemarle County Subdivision Ordinance which is attached to this affidavit. COMMONWEALTH OFnVT GINIA CITY /COUNTY OF ►►77 WWI C1.1- ,G, GRA� The foregoinggnstrument was acknowledged before me thiclsjday of 20 by = •` .. • Y P.; ", —{' O . 'APR P. W Iraq MY C <1 + (,�y 2��' n COMMISSION My Commission Expires: 1 1X �O MBEit Notary bli 7994389 LTH.*.* Sec 14-106 Definitions �'••,,. -.� Family subdivision. The term "family subdivision" means the single division of property for the sale or gift to a member of the immediate family of the owner of the property. Member of the immediate family. The term "member of the immediate family" means the natural or legally defined off - spring, grandchild, grandparent, or parent of the owner of property.