HomeMy WebLinkAboutSUB201600218 Agreements Family Division Plat 1993-03-30 :,'c 7 61 t'Jf l 15 3
1139
THIS INSTRUMENT, made this 30th day of
March, 1983, by EDGAR R. GIBSON, JR. and HAZEL N. GIBSON, husban.
F
and wife, the Declarants.
WITNESSET H:
WHEREAS, Declarants are the owners of
Albemarle County, Virginia Tax Map Parcel 115-22G, which they
intend to subdivide and for which they desire to provide a right
of way or easement of ingress and egress from State Route 620 to
serve the lots resulting from this and future subdivisions.
' NOW THEREFORE, the Declarants declare and
covenant as follows:
1. The thirty (30) foot wide access
6
easement shown on the attached plat by William S. Roudabush,
Inc., dated February 15, 1983, leading from State Route 620 to
the southwestern boundary of Lot 2, shall be a private right of
` way or easement for ingress and egress for the benefit of Lots 1
and 2.
2. The record owners of Lots 1 and 2 shall
each pay an equal one-half (1/2) share of the cost of repairs
and maintenance of said right of ways provided, however, that
in the event that Lot 2 is further subdivided, the record owners
of the resulting lots and of Lot 1 shall each pay an equal pro-
rata share of the cost of repairs and maintenance of said right
of way.
3. The road shall be maintained in its 1
presently existing condition and width and so as to allow for
ORMPI F.Ga1IR
• OMI1D C.MISR
COMAS C.CARTER
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Book: 761 Page: 153 FileNumber:1983-00001739 S q:1
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mi 7 61 PAM 15
the reasonable and safe access of standard passenger automo-
biles 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.
4. Any Owner may initiate repairs or
' maintenance by first informing all the others in writing of his
intention and the extent of work sought. If no objection is
received within seven (7) days of such notice, then the initi-
ating Owner may proceed 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 materialman prior to the payment due
date specified on any bill for work or materials.
5. There shall be a continuing lien upon
each of the said parcels to secure the payment of the charges
herein provided for the right-of-way 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 mainte-
nance due hereunder is not paid by any Owner of any of said
parcels when due, a notice of such non-payment as to such parcel
may be recorded by any other parcel Owner or by the person or
corporation performing such repairs or maintenance in the
Clerk's Office of the Circuit Court of Albemarle County, Vir-
cweimegnit ginia, and from the time of such recordation the amount stated,
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OR in the notice, with interest, costs and reasonable attorney's
MOMS at UN
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Book: 761 Page: 153 FileNumber:1983-00001739 Se :2
Papa 3 015 ',
_-.K 76 ! PACO I55
fees, shall become a lien prior to any deeds of trust recorded
subsequently to the recording of such notice.
6. If agreement cannot be reached as to
the need for maintenance and repairs, then the party desiring th
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.
7. The matters set forth in this agree-
ment shall run with the land and shall be binding upon the suc-
cessors in interest, heirs and assigns of the parties hereto.
WITNESS the following signatures and seals
tea.A (SEW
r R. Gibson, Jr . /'
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PR• AV,. (SEAL)
ss . ibson
STATS OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged
before me this 71'4 day of $ , 1983, by
Edgar R. Gibson, Jr. and Hanel N. Gibson.
My Commission expires � 41,
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A DlviSIOor PARCEL 22G, 'AX MAP IIs
• ,..00ATED ON :
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VIRGINIA: IN TUE CLERK'S OFFICE OF TNS CIRCUIT COURT OF ALRT'N
This deed was Titto4, and Xtth Cert iga� te annexed,
q adaitted to record on J 19T l' 3 at J O O'Clock JOI
STATE TAX
LOCAL TAX
• ii TRANSFER FEE TESTS: Si1FT,Ar .T. !1)i,RSHM1L, CT.F.RTZ
Ii CLERKS FEE l •�"
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D RANTOR'S TAX ,
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Book: 761 Page: 153 FileNumber:1983-00001739 Seq:5