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HomeMy WebLinkAboutSUB201700084 Easements 2017-06-26Prepared by: Tax Maps: 06900-00-00-05000 Forbes R. Reback, Esq. 06900-00-00-050C1 VSB#07826 420 Park Street Charlottesville, VA 22902 AMENDED DECLARATION This AMENDED DECLARATION dated June , 2017, made by BELLE VISTA, LLC, a Virginia limited liability company, hereinafter referred to as the Declarant, whose address is: 8899 Critzers Shop Road, Afton, VA 22920; WITNESSETH: WHEREAS, Declarant is the owner of a certain parcel of land situated in the County of Albemarle, Virginia, more particularly shown and described as "Revised TM 69-50C" containing 76.513 acres, more or less, on plat by W. Morris Foster, Land Surveyor, dated October 9, 2003, revised October 22, 2003, and recorded with a deed in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2634, page 241 (the "Property"); and WHEREAS, Declarant has re -subdivided the Property as shown on a plat by Roudabush, Tu►v� a.G Gale & Associates, Inc., dated ay 24, 2017, entitled "Plat Showing A Boundary Line Adjustment Between TNT 69-50C and 69-50C1 White Hall Magisterial District Albemarle County, Virginia", which is attached hereto and incorporated herein by reference (the "Plat"); and WHEREAS, Declarant desires to subject the two (2) parcels as shown on the Plat to certain easements, restrictive covenants and other matters hereinafter set forth and to subject such parcels to the covenants, liens and charges for the private maintenance and improvement of the 1 easements as hereinafter set forth, which are for the benefit of the parcels served by the easements and the Owners thereof; WHEREAS, this Declaration amends and supercedes the Declaration dated August 9, 2007, recorded in the Clerk's Office aforesaid in Deed Book 3525, page 153 and the subdivision plat recorded therewith; and NOW THEREFORE, Declarant hereby declares that the parcels shown on the Plat shall be held, transferred, sold, conveyed and occupied subject to the easements, liens, charges, restrictive covenants and other matters hereinafter set forth which are hereby imposed to enhance and protect the value and desirability of the said parcels. The provisions set forth herein shall run with the land and shall be binding upon any and all parties who have, or shall acquire, any right, title or interest in all or any part of the said parcels and shall inure to the benefit of each Owner thereof. ARTICLE I - DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: 1.01 "Access Easement" shall mean and refer to the fifty foot (50') private access easement established in Section 2.01 below and shown on the Plat. 1.02 "Declarant" shall mean and refer to Belle Vista, LLC, including and together with its successors in interest and any person to whom its interest as Declarant is expressly assigned by an instrument recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia. 1.03 "Gate" shall mean and refer to the existing gate and its appurtenances located on Revised Parcel 69-50C1 and across the Access Easement, approximately forty feet (40') south of the intersection of the Access Easement with State Route 151 (Critzers Shop Road), and any replacement gate or other structure serving substantially the same purpose. 2 1.04 "Gate Easement" shall mean and refer to the easement for the Gate established in Section 2.01 below. 1.05 "Parcel" shall mean and refer to Revised TMP 69-50C 1 and Residue TMP 69- 50C shown on the Plat and any additional parcel or parcels that may from time to time be subjected to the terms of this Declaration in accordance with the provisions hereof. In the event of future divisions and/or combinations of a Parcel or Parcels, any resulting parcel or parcels skull thereafter be deemed to be a Parcel or Parcels and the provisions of this Declaration shall apply thereto, mutatis mutandis. 1.06 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, including Declarant, of the fee simple title to each Parcel served by the Access Easement including contract sellers, but excluding those having such interests merely as security for the performance of an obligation. In the case where any Parcel is held by one or more persons for life with the remainder to another or others, the term "Owner" shall mean and refer only to such life tenant or tenants until such time as the remainderman or remaindermen come into use, possession or enjoyment of such Parcel. 1.07. "Poultry' shall mean and refer to domestic fowl, including but not limited to chickens, turkeys, ducks and geese, and game birds raised in captivity. 1.08. "Swine" shall mean and refer to hogs and pigs, regardless of age. ARTICLE 2 — EASEMENTS MAINTENANCE ASSESSMENTS 2.01 Establishment of Easements: (a) The Access and Gate Easements: Declarant does hereby establish and impose a non-exclusive access easement fifty (50) feet in width for the benefit of the Parcels along and across that certain strip of land designated as "50' Private Access Esmt." on the Plat for the joint use of the Parcels for ingress and egress to and from State Route 151 (Critters Shop 3 Road), and for carrying underground utilities. In addition, Declarant does hereby establish and impose an easement on the Parcels for the location, use and maintenance of the Gate for the benefit of the Parcels. No other gate shall be installed across the Access Easement. (b) The Spring House Easement: Declarant does hereby establish and impose on Residue TMP 69-50C for the benefit of Revised TMP 69-50C1, as shown on the Plat, a new non-exclusive right-of-way thirty feet (30') in width for access to the spring house and the "upper trail." 2.02 Private Maintenance of Access Easement and Gate Easement: The Access Easement and Gate Easement are private and require private maintenance as hereinafter set forth. a O PUBLIC:. AGENCY INCLUDING THE GINIA DEPARTANNT OF TRANSPORTATION AND THE COUNTY OF ALBEVIARLE VIRGINIA . AILL BE RESPONSIBLE FOR MAINTAINING ANY M- PROVEMENT IDENTIFIED HEREIN. (a) Maintenance of Access Easement. Minimum Standard: The Owners shall be responsible for and shall bear equally the costs of maintenance of the Access Easement. The Owners shall maintain the Access Easement in perpetuity in substantially the condition existing on the dale of this Agreement, which is a gravel road; provided, however, that in any event the travelway shall atall times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. For purposes of this instrument, "maintenance" includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. For purposes of this instrument, "maintenance" further includes replacements, reconstruction and correction of defects or damage. 4 (b) DamMe From Construction Activities: Notwithstanding the foregoing, each Owner shall be solely and exclusively responsible for and shall fully bear the cost of maintenance within the Access Easement necessitated by construction activities on his Parcel, and each Owner shall restore any portion of the Access Easement damaged by his construction activities to at least its prior condition upon completion of such construction. (c) Im ovements by Individual Owners: Any Owner may, at his own expense, make such improvements to the Access Easement as he may deem advisable, from time to time; provided, however, that all such improvements shall be carried out in a manner consistent with good engineering practice and without interruption of service for the Owners of other Parcels. All additional maintenance expenses proximately caused by such improvements shall be shared equally by the Owners. (d) Other improvements: In the event that the Owners shall agree, by unanimous decision, to make improvements to the Access Easement, other than maintenance, the cost of such improvements and all additional maintenance costs proximately caused by such agreed improvements shall be shared equally by the Owners. (e) Maintenance of Gate: The Owners shall be responsible for and shall bear. equally the costs of maintenance of the Gate and shall maintain the Gate in good working condition. Maintenance shall include replacements, reconstruction and correction of defects or damage. The foregoing notwithstanding, each Owner shall be responsible for the maintenance and security of his individual means of access through the Gate, including but not limited to keys, access codes, and the like. 2.03. Initiation of Maintenance: Any maintenance of the Access Easement or the Gate shall be undertaken only upon a majority vote of the Owners, provided that in the event that one of the Owners determines that the street is not safe and convenient for passenger automobiles and F emergency vehicles at all times except in severe temporary weather conditions, or that the Gate is not in working condition, and such Owner gives thirty (30) days prior written notice to all other Owners, such Owner may commence or contract for maintenance or repair to bring the street or the Gate to the minimum standard and the charges therefore shall be the responsibility of all Owners. Each notice shall be presumed to have been delivered if it shall be mailed, by first class mail, postage prepaid, to the Owner of the Parcel at the address listed in the Department of Finance of Albemarle County for such Owner for real estate tax purposes. Any other provision of this Section 2.03 notwithstanding, no notice shall be required prior to an Owner commencing or contracting for emergency maintenance of the street or Gate, -nor shall notice be required to an Owner who has agreed to the maintenance. 2.04 Notice of Assessment: Maintenance and other costs shared by the Owners in accordance with the terms of this, Declaration shall be assessed by giving notice as set forth hi this Section 2.04. Any notice of assessment shall be in writing and delivered to the Owner of the Parcel assessed. Each notice of assessment shall be presumed to have been delivered if it shall be mailed, by first class mail, postage prepaid, to the Owner of the Parcel assessed at the address listed in the Department of Finance of Albemarle County for such Owner for real estate tax purposes. 2.05 Personal Liabilitv: Each Owner shall be personally liable and responsible for his share of the assessments against his Parcel which are incurred during his ownership of his Parcel, and shall pay to any Owner or other person or entity performing the work for which any such assessment was made his share within fifteen (15) days following completion of such work. In the event that there is more than one record owner of a Parcel, each such owner shall be jointly and severally liable for any assessment against such Parcel, together with interest and costs of collection, including reasonable attorney's fees, as provided below. Z 2.06 Multiple Owners,• Vote: In the event that there is more than one record owner of a Parcel, such owners may exercise the rights provided by this Declaration as they may choose among themselves; provided, however, that each Parcel shall be entitled to only a single vote on any decision, which vote may be cast by any such owner and shall be binding on all. 2.07 Enforcement of Assessments: If any Owner shall fail to pay when due the share of the costs of maintenance, restoration, improvement or replacement for which he is responsible, as provided above, the Declarant, any Owner or any other person or entity performing such construction, installation, maintenance, restoration, improvement or replacement may bring an action at law against such delinquent Owner. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance, restoration or improvement; and the delinquent Owner shall be liable to pay all costs of collection, including but not limited to reasonable attorney's fees. 2.08 Utility Easements: In the event that any utility provider requires that it be granted an easement in order to locate underground utilities within the Access Easement, the Owners of Parcels agree to execute such an easement upon the request of any Owner. ARTICLE 3 — RESTRICTIVE COVENANTS 3.01 Swine and Poultry: No more than five (5) Swine and no more than fifty (50) Poultry animals shall be kept on any Parcel at any one time. The foregoing notwithstanding, it shall not be a violation of this restriction for an Owner to keep at one time the litters of up to two sows kept on his Parcel until the piglets reach three months of age. 3.02 Building and Fencing Materials: Unless otherwise approved in writing by the Declarant, all buildings and fencing on any Parcel shall comply with the following: (a) The exterior siding of all dwellings shall be wood, woad siding, brick, stone, stucco or cement based siding (such as Hardiplank). 7 (b) The exterior siding of all other buildings shall be wood, wood siding, brick, stone, stucco, cement based siding (such as Hardiplank), or T-1 I I siding. (c) The following shall not be used as exterior siding on any building: vinyl siding, metal, tar paper, asphalt, plywood (other than T-1 l 1 siding as permitted by the preceding sentence), chipboard, fiberboard, or other manufactured composite wood fiber siding. (d) All fencing along or adjacent to public roads, private roads and driveways shall be wood, brick or stone. (e) There shall be no use of chain link fencing on any Parcel. 3.03 Service Lines; Unless otherwise approved in writing by the Declarant, all electric, telephone, television cable and other service lines shall be underground. 3.04 Trailers,• Mobile Homes: No trailer or mobile home shall be used upon any Parcel at any time as a residence, either temporarily or permanently. 3.05 Enforcement of Restrictive Covenants; The Declarant and any Owner shall have the right to enforce, by any proceeding, all restrictions, conditions and covenants now or hereafter imposed by the provisions of this Declaration. if in any litigation for the enforcement of these covenants, conditions and restrictions, the Declarant or any Owner bringing such suit prevails, such Owner shall be entitled to be reimbursed for reasonable attorney's fees incurred in seeking such enforcement. Failure to enforce any condition, covenant or restriction herein contained shall in no event be deemed a waiver of the right to enforce such condition, covenant or restrictions thereafter. ARTICLE 4 — OTHER PROVISIONS 4.01 Severability: Invalidation of any one of the provisions of this Declaration by judgment, court order or otherwise shall in no way affect any other provisions, which shall remain in full force and effect. 4.02 .Governin law,• Venue: This Declaration shall.be construed and enforced in accordance with the laws of the Commonwealth of Virginia and the County of Albemarle. Exclusive venue for any dispute arising under this Declaration shall be in the courts of the County of Albemarle, Virginia. Witness the following duly authorized signature and seal. BELLE VISTA, LLC BY: Mark Rhoads, President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing Declaration was acknowledged before me this day of June, 2017, by Mark Rhoads, President of Belle Vista, LLC, a Virginia limited liability company, on behalf of the limited liability company. Notary Public My commission expires:, Notary registration number: Vol e aj as a�E R � �a 1 I Hill o I U i o I id 1 i wz x �:e cat g � e a 1 -MU oil -7 '9B►C 'ate 3.f5. .wtr Eager 11W)r42-rva YA rEgE,79"70b, i `y 1JO419.'p MAL QYW- +0 " Ca •-.4�1nGGi 0y�a � xr=rx IN- hen °°it UR IE Wi a9i�8�7i 'v nc ■1® ..a