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HomeMy WebLinkAboutVA197700003 Application 1976-10-21 0� �4% $20. Permit Fee pia Application No VA - 7 7- €:5 Sign Erected By: Staff: APPLICATION FOR VARIANCE Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application October 21 , 19 76 OWNER OF PROPERTY OCCUPANT (If other than owner) Name: MONTESANO PARK, LTD. Name Address: P. O. Box 6820 Address: Charlottesville, Va. 22906 Telephone: 973-3024 or 973-6747 Telephone: Location of Property: Lot 10, Block B, Section I , Ednam Village Subdivision, also known as Units 19 and 21 of Ednam Village Tax Map (.1))()_) Parcel / Acreage Existing Zoning R-L District Samuel Miller Existing Use: Rental property within condominium residential s/d Variance sought (describe briefly relief sought) : Division of Lot 10 . Block B. Section I into two separate lots , to comply with Subdivision Restrictions and enable separate sale of units. See attached explanation. I hereby certify that the foregoing information is true and correct to the best of my knowledge and belief and that I am the owner named above. Montesa o Park, Ltd. 2654 0--fifiai fd p is t 1 D e FOR OFFICE USE ONLY Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: Final Decision Made: The variance sought was denied/approved with the following conditions: Special Use Permit# BOARD OF ZONING APPEALS Sign Permit# BY: Date Building Permit# / L • • APPLICANTS LIST OF ADJACENT OR ABUTTING PROPERTY OWNERS The Planning Department will list all Map and Parcel Numbers of Adjacent or Abutting Property Owners. Applicant is to then take this form to the Real Estate Office where personnel in that office will aid applicant in listing property • owners and addresses of all Map and Parcel Numbers given below. Real Estate Office is to return blue copy to Planning Department. • • Map Parcel Name Address P.O. 59D(2) 04-B-10 Montasano Park Ltd. Box 6820,Charlottesville, Va. 22906 17 Ednam Village • 59D(2) 04-B-9 Miller., Robert I. Charlottesville, Va. •22901 P.O. Box 6820 • 59D(2) 04-B411 Montasano Park Ltd. Charlottesville, Va. 22906 P.O. Box 5464, Barracks Rd. Station • 59D(2) 04-A-8 Morton, C. Bruce,II Charlottesville, Va. 22903 • Ednam Village 59D(2) 04-A-11 Walker, Nat B. Charlottesville, Va. 22903 59D(2) 01-10A Ednam Village Box 5038 Owner's Assoc. , Inc. Charlottesville, Va. 22903 60 28A Kellog, Va. D. c/o Vincent Shea • 75 63 . Rector's & Visitor's Rotunda, University of Va.• of UVa. Charlottesville, Va. * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS Application Number VA-77-03 Montasano Park Ltd. P.O. Box 6820 • Charlottesville, Va. 22906 ;f F, :l' tV e. • • I\ M `ftWcrs�aat ittIlur' it&T.RAMVrnttilir t 1 •i y„G ga;:,r:.•.�-:,:...ais+ ti,.Ai: „7 ,w4,,:•irn.FL';4+% . pad STAFF REPORT VA-77-03 Montesano Park, Ltd. Tax Map: 59 (D) (2)-10 Section I, Block B, Lot 10 Ednam Village Subd• �� t square feet 1 0"ti I Acreage: 9,`120 0,ry �-� 8 11 .,7 Existing Activi.t District. Residential, Limited, zoning on this property is R-2, variancemd o alow Onne existing the Board of Zoning Appeals granted a 30, 1973, Ednam side, front,oy and variances on lots 1 through 22 i Edments Village,of an tt ng aand rear y that range from 0 feet to 10 feet less than the minimum re R-2 Residential Zone (VA-73-01) . • Pro osed Variance a variance from Section 5-2-1 of the Alber,ar.le Thu applicantZg isr requestingnance, r 10, block County Zoning Ordinance, Area Requirements to allow w�thSSubdivis of ion Restric- Co Y separate lots, to comply B, section I, into two (2) tions and enable separate sale of units. Zoning Ordinance Requirements served 1 requires that residential lots, publicTh water supply shall provide a minimum depth by Zoning Ordinance under and aion l eight tumudept system minimum area of ei� ofy onea public sewerdt twenty-five (125) feet and have a sand hundred twenty-five two hundred (8,200) square feet. ' STAFF REPORT VA-77-27 Montesano Park, Ltd. Tax Map 59 (D) (2)-10 Section I, Block B, Lot 10, Ednam Village Subdivision Acreage: 9,420 square feet Existing Activity The existing zoning on this property is R-2, Residential, Limited, District. On January 30, 1973, the Board of Zoning Appeals granted a variance to allow side, front, and rear yard variances on lots 1 through 22 in Ednam Village, which ranged from 0 to 10 feet less than the minimum requirements of an R-2 Residential Zone (VA-73-01) . On February 8, 1977, the Board of Zoning Appeals granted a variance from Section 5-2-1 of the Albemarle County Zoning Ordinance, Area Requirements, to allow division of Lot 10, Block B, Section I, into two (2) separate lots, to comply with Subdivision Restrictions and enable separate sale of units (VA-77-03) . Proposed Variance The applicant is requesting a variance from Section 5-4-2 of the Albemarle County Zoning Ordinance, Frontage Regulations, which reads as follows: "For a single family dwelling served by other than a public sewer system and a public water supply, the minimum width at the setback line shall be eighty (80) feet with ten (10) additional feet of front width for each additional permitted use". Ednam Village is served by public water and a private central sewer system. Therefore, the applicant is requesting an 18 foot variance from Lot 10A, and a 35 foot variance from Lot 10B. Staff Comment In order to comply with the Subdivision Restrictions as well as the Zoning Ordinance this variance must be granted prior to any division of the property. STAFF REPORT VA-77-03 Montesano Park, Ltd. Tax Map: 59(D) (2)-10 Section I, Block B, Lot 10 Ednam Village Subd. Acreage: 9,420 square feet < it/ Existing Activity The existing zoning on this property is R-2, Residential, Limited, District. On January 30, 1973, the Board of Zoning Appeals granted a variance to allow side, front, and rear yard variances on lots 1 through 22 in Ednam Village, that range from 0 feet to 10 feet less than the minimum requirements of an R-2 Residential Zone (VA-73-01) . Proposed Variance The applicant is requesting a variance from Section 5-2-1 of the Albemarle County Zoning Ordinance, Area Requirements to allow division of lot 10, block B, section I, into two (2) separate lots, to comply with Subdivision Restric- tions and enable separate sale of units. Zoning Ordinance Requirements The Zoning Ordinance under Section 5-2-1 requires that residential lots, served by a public sewer system and a public water supply shall provide a minimum depth of one hundred twenty-five (125) feet and have a minimum area of eight thousand two hundred (8,200) square feet. /3 November 10, 1976 County of Albemarle Planning Department 404 E. Market Street Charlottesville, Va. Gentlemen: I understand that Montesano Park, Ltd. has requested a variance from the Albemarle County zoning ordinance allowing a division of Lot 10 of the Ednam Village Subdivision. I under- stand that this variance would allow the two units located on this lot and designated as Nos. 19 and 21 Ednam Village to be sold to separate owners. This letter will indicate the consent and approval of Ednam Village Owners Association to the granting of this variance. There presently exists some confusion in connection with the restrictions to which the Ednam Village Subdivision is subject since they indicate that there shall be only one family residence on each lot and this lot presently has two single family residences Ednam Village Owners Association, Inc. hopes that the Board of Zoning Appeals will approve this variance and allow these two units to be sold separately. Sincerely, Ednam Vil,a t.kLage Owners 'Assoc ' a n, Inc. i / f COUNTY OF AJ BBEMARLE Board of Zoning APpeals • • 4f)I:I.OLIO1',T.N0f4:i.1'0:XIN..4.141;i,X1U: 414 Cast Market Street • " r {; / Charlottesville, ginia 22901 + • •j • • ..,. ,;: • LEGAL ADVERTISEMENT Albemarle County Board of Zoning - Appeals•February 8,1977.A public To )xi run on the following dates: January 26, 1977 and February 2, 1977 hearing will be conducted on above dale of 3:00 p.m.,in Board of Super •- visorsMeetingRoom,CountyOffice PROOF REQUIRED: YES t' NO • • Building, Charlottesville, Virginia, ' to consider following matters: . • . 1.VA-76-42.Hans Gadient:property If Proof is required, List person Picking up Proof • described as Tax Map 130A(1)-48, containing 0.52 acre, zoned B-1, • Scottsville District,located onsouth Please note for your Bookkeeping Department that the advertisemnt is to be side of Route 20 South just north of intersection with Route 6.Requests • variance of 115 feet from Section 18- shown on the bill as Board of Zoning Appeals ' 3-1 of Zoning Ordinance, Scenic Highway,to allow building to be 35 . feet from front right-of-way. - ALL BILLS FOR LEGAL ADVERTISEMENTS ARE TO 13F CHARGED TO THE ABOVE ACCOUNT 2. VA-77-01. Village Green Offices, Inc.; property described as Tax Map 590(2)-01-3, containing 1.041 acres, zoned B-1, Samuel Miller 12345678901234567890123456789012345878 • .. • District, located oft of Route 250 • West in Ednam Forest. Requests ' variance of 110 feet from Section 18- - : 1 Albenarle County Board of Zoning Appeals - Feb- 3.1 of Albemarle County Zoning Or • - - dinance, Scenic Highway, to allow . . 2 ruary 8, 1977. A public hearing will be con- . . . • • building to be 40 feet from right-of- 3 • • ducted on above date at '3;00 p.m.,..in,Board of - • .•' way of Route 250 West. 3.VA-77-02.Camelot of Albemarle, . t� Supervisors i meting Room, County. Office Build- . . ' .- - - .. . ' Inc., John B. Simms, Pres.; con- . raining 12.143 acres, zoned R-I, 5- ing, Charlottesville, Virginia, to consider • - • Rivanna District, located in 6 following majters: . Camelot Subdivision which is on the rJo SD pCE • west side of Route 29 North,across • 7 • 'from Badger-Powhatan. Requests • E 1. VA-76-42. Hans Gadient; property described - waiver of lot s8,depth 17, 8,20,23t of as Tax Map130A(1)-4B, containin 0.52 acre, 125 feet for tots 6,16,17,16,20,23,24, 9 9 and 40, Section 3, as required by 0 zoned B-1, Scottsville District, located on- Section 4.2-1 of the Zoning Or- { south side of Route 20 South just 'north of dinance. l 1. VA-77-03.Montesano Park, Ltd., 2 intersection with Route 6. Requests variance ' property described as Tax Man 590(2)-04-B10, containing 9,420 3 • 'of 115 feet from Section 18-3-1 of Zoning Ord- • square feet,zoned R-2,Samuel Mil- allow finance, Scenic Highway, to buildingto • ler District,(coated on south side of - Q - • Route 250 West,Lot 10,Block B,Sec- - 5 be 35 feet from front right-of-way: . • lion 1, Ednam Village Subdivision. Requests variance from Section 5-2- 6 2. VA-77-01. Village Green Offices, Inc.; 1 of Zoning Ordinance, Area Re- 7 • property described as Tax Nap 59D(2)-01-3, • - ents. containing 1.091 acres, zoned B-1, Samuel Person interested in matters may 8 ' view applications in Office of Lin- ' Miller District, located off of Route 250 West inc. it i iMarket Bain, Cn,Chairman. C in Ednam Forest. Requests variance of 110 feet le.Virginia.E.H Rain,Chairman. 1 from Section 18-3-1 of Albemarle County Zoning 2-2-11 2 Ordinance, Scenic Highway, to allow building to • • - • be 40 feet from right-of-way of Route 250 West. ` 3 • 3. VA-77-02. Camelot of Albemarle, Inc., John • v" 1 . L 4 B. Simms, Pres.; containing 12.143 acres, zoned 6 R-1, Rivanna District, located in•Camelot Sub- - - division which is on the west side of Route 29 Albemarle County Board of Zoning 7 North, across from Badcer-Powhatan. Requests • Appeals•February 8,1977.A public $ waiver of lot depth requirement of 125 feet for hearing will be conducted on above 9 P cl • date of 3:00 p.m.,in Board of Super- lots 8, 16, 17, 18, 20, 23, 24, and 90, Section • visors Meeting Room,County Office 0 3, as required by Section 4-2-1 of the Zor.ing - Building, Charlottesville, Virginia, 1 • - to consider following matters: Ordinance. - 1.VA-76.42.Hans Gadient;property • 2 4. VA-77-03. Montesano Park, Ltd., property • described as Tax h.ap 130A(1)-4B, 3 , containing 0.52 acre, zoned B-1, described as Tax Map 59D(2)-04-B10, containing Scottsville District,located on south • g -420 square feet, zoned R-2, Samuel. Miller side of Route 20 South just north of 5 intersection with Route 6.Requests District, located on south side of Route 250 • • ' variance of 115feet from Section 18- 6 West,-Lot 10, Block 13, Section 1, Ednam Village 3-1 of Zoning Ordinance, Scenic • - Highway,to allow building to be 35 7 Subdivision. Requests variance from Section 5- feet from front right-of-way. i S 2-1 of ZoningOrdinance, Area Re Requirements.2. VA-77-01. Village Green Offices, q Inc.; - • property described as Tax 9 Person interested in matters may view appli- - Map 59Dt21-01.3, containing 1.041 0 cations in Office of Zoning, 419 E. Market St., • acres, zoned B-1, Samuel Miller _ District, located off of Route 250 1 . Charlottesville, Virginia. E. H. Bain, Chairman West in Ednam Forest. Requests 2 variance of 110 feel from Section 18- • . 3-1 of Albemarle County Zoning Or- 3 dinance, Scenic Highway, to allow 4 - building to be 40 feet from right-of- • way of Route 250 West. 5 . • 1 VA-77-02.Camelot of Albemarle, 6 - Inc.. John B. Simms, Pres.; con- 7 taining 12.143 acres, zoned R•1, Rivanna District, located in R Camelot Subdivision which is on the • west side of Route 29 North,across ' 9 • from Badger-Powhatan. Requests . - waiver of lot depth requirement of 0 , 125 feet for lots 8,16.17,18,20,23,24, l • and 40, Section 3,•as required by . Section 4-2-1 of the Zoning Or- 2 . dinance. 3 4. VA-77.03.Montesano Park, Ltd., • property described as Tax Map 4 . 590(2)-04-B10, containing 9,420• r- square feet,zoned R-2.Samuel Mil- , ler District,located on south side of 6 Route 250 West,Lot 10.Block B,Sec- • lion 1, Ednam Village Subdivision. • Requests variance trom Section 5.2 • - 1 of Zoning Ordinance, Area Re- quirements. . Person interested in matters may view applications in Office of Zon- - in.414 E.Market St..Cnarlottesvil• ' ' ' le,Virginia.E.H.Bain,Chairman. _ • . t"= EDN AM •..) 1 1411119 ‘5'"' NNW E DN AM F 0 5• ',-- •.) i \)• E DNAM ViLL. .- • ,-. •- ,.. , , . 1 o 1111 1 1, i 1 1 , i IPP C• Ili 1 1 .. I 9 i' , / . 9 gill 677 8 i , I ; i 1 5 `1 4116 P . 1 ;.4 I I' 13 134 1 2 . 14 13s II . I4A 1 1 __ .. \ i r---.... , \ 9 . . _ -- ' 1 \ 4 4 i 4 i 2.,_\_, , -r• 1 , /7-2--.•---:---- : - .. -.._ . .,„ . — LAKE _ , t,,,.\ \ -•--- 1 Noe DECLARATIONS OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this 15th day of November, 1973, by Montesano Park, Ltd. , hereinafter referred to as Declarant. WITNESSETH : WHEREAS, Declarant is the owner of certain property in Albemarle County, Virginia, known as "Ednam Village" and watch is more particularly described as: All that certain tract or parcel of land situ- • - ated in Albemarle County, Virginia, 'containing 13. 12 acres of land and more particularly des- cribed on a plat of R. 0. Snow and Associates, dated November 2, 1967, and recorded in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 436, page 637. AND, WHEREAS, this parcel is being subdivided into indivi- , dual lots of land as indicated in a plat of William S. Roudabush, , Jr. and Associates, dated April, 1973, and entitled "Subdivision Plat of Section One of Ednam Village Town Houses near Charlottes- ville, Virginia, " which plat is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 530, pages 520-522. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be subdivided, held, sold and conveyed subject to the following easements, restrictions, coven- ants and conditions which are for the purpose of protecting the value and desirability of and which shall run with the real pro- perty and be binding on all parties having any right, title or in- terest in the described properties or any part thereof, their heirs successors, and assigns, and shall inure for the benefit of each owner thereof. ii ARTICLE I. DEFINITION. Section 1. "Association" shall mean and refer to Ednam Village Owner Assocj.a. ion, Inc. , a Virginia non-stock Corporation, whose charte,. was issued by the Virginia State Corporation Commissi,n on November 9, 1973, its successors and assigns. Section 2. "Owner" shall mean and ref( _ .o the record owner, whether one or more persons or entities, of a fee simple title to anyjet,which is a part of the Properties, including contract sellrs, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described and such addic:Lons Fneo N. COLMCR ATTORNEY AT LAW CHARLOTURVILLE, viFIGNIA r 22901 r thereto as may hereafter be brought within the jurisdiction of the Association. 1 Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. Section 5. "Declarant" shall mean and refer to Montesano Park Ltd. , its successors and assigns. i i ARTICLE II. FORMATION OF HOME OWNERS ASSOCIATION Ednam Village Owners Association, Inc, (herein called the "Association") a non-stock, non-profit membership corporation has been organized for the purpose, among other things, of interpreting, applying, administering and enforcing the covenants and restric-• tions hereinafter contained. The Articles of Incorporation of the Association provide in part that any person, firm, association or corporation which • shall hereafter acquire by purchase or otherwise any residential building lot or lots, or any beneficial interest in such lot or lots, in Ednam Village Subdivision shall automatically become a member of the Association. The By-laws of the Association shall provide rules for determining the person or persons who shall be o recognized as a member or members in any case where ohipr fs a lot or lots is divided into present and future interests, held in trust, or where occupancy is held by tenant, and in all other similar cases. The By-laws of the Association will provide that theBoarda of Directors has the power to establish such membership d quatelperformance nd assessments as it may deem necessary for by the Association of its function. ARTICLE III. DUTIES OF ASSOCIATION The Association shall render or provide community service for the benefit of Members of the Association and others residing Such services shall include generally the care in Ednam Village. It shall and upkeep of all areas in and about the subdivision. provide the following services to each lot and the lot shall be subject to assessment therefor as hereinafter provided: rasa a. Exterior Maintenance: Care for trees, shrubs, g and grass cutting, walks and other exterior improvements not ced affixed to the building on the lot. In the event h at the n for maintenance or repair is caused through willful or neglient acts of the owner, his family, guests or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot is subject. - b. Utilities: Each owner will pay for all utilities supplied to his lots except for the existing sewage system and water. The purchaser of a lot may continuo td use the present f"nED N. COLMER o2,. ATTONNZY AT LAW HARLOTTI0VILLLL VIRGINIA t 220OS r • , n .,. uw.2 w!- 'towNwill r sewage system and shall acquire such rights as are presently owned or enjoyed by Montesano Park, Ltd. , with respect to said r; lot. Once a public sewer shall become available the Owner shall be responsible for any costs including "tap on" fees incured in connecting to such public system. c. Repairs: Each lot owner shall be responsible for the z maintenance and repair of his house and lot, except that the Association shall have the right to assume part or all of the , 1 maintenance of the various houses and lots as determined by the ' Association from time to time. Party walls and roofs shall be jointly maintained by affected lots. In the event of destruction f, or substantial destruction of a house, the owner thereof shall have the obligation to commence and diligently pursue and complete the rebuilding of such house within sixty (60) days from the date of destruction. In the event the Owner fails to commence and pur- sue such rebuilding, the Association shall have the right to do so in the Owner' s place and stead, and assess the lot of the default- ' ing owner with the cost of such rebuilding, which said cost must 1 be paid within thirty (30) days from assessment, and if not so paid, the Association may pursue the remedies hereinafter provided for the collection of unpaid assessments and in connection there- with recover its Attorney' s fees and court costs. I d. Road Maintenance, Improvement and Dedication: The Association shall be responsible for the maintenance and improve ment of roads in the subdivision until such time, if ever, as - such roads are accepted for public maintenance. In addition to general road maintenance, the Association, upon direction of a majority in voting power of the members, shall undertake the improvement of the roads in Section One of Ednam Village so as • to make them acceptable for public maintenance. The Association has the power to raise funds for this purpose through the levy of a special assessment against its members. , ' If for any reason the Association shall fail to discharge this obligation, said Montesano Park, Ltd. , as evidenced it byself signature and seal hereunto affixed, promises and binds discharge said obligation (1) until such time as the Association shall resume said maintenance, (2) until such time as said roads are accepted for public maintenance, or (3) until December 31, 1980, whichever event shall first occur. In consideration of • this guaranty, Montesano Park, Ltd. , at such time as hey may be called upon to discharge said obligations shall be subrogated to any rights the Association may then have to collect unpaid dues .3- 1 I FRED N. COLMER Ti ATTOANRY AT LAW 'MAAL ILL OTTIGAYt. YIA3INIA , )Su,01 '4.pe r rfero , and assessments previously levied against any lot owner or owners, t. and in additi on shall have the same rights the Association would �, were it so acting, to levy other dues and assessments in have, laws, and accordance with its Articles of Incorporation tany period of time that collect said dues and assessments, during ! Montesano Park, Ltd. so act to discharge saiatubligatire and sn. h©re- And further, as evidenced by its sign • unto affixed, Montesano Park, Ltd. , covenants and agrees that a at any time, upon the request and at the direction of the the will offer said roads for dedication to public use and main- y by law. tenance in the manner then provided be responsible for pro' e. Landscaping: Declarant per landscaping of the properties in compliance with a plan prepared by a landscape architect. Henceforth the Association shall be responsibile for the maintenance of such landscaping. ng. No owner shall make any changes in the landscaping increase the maintenance or detract from the harmo ius effect without first receiving permission from the Association. f. Security System: The Association shall maintain nral a security patrol service that shall be in charge of the g ene policing and control of the entire project. ARTICLE IV. COVENANT FOR MAINTENANCE S SSMEN obligation. The Section]- Creation of lien and personal Declarant, for each lot owned within the Properties, hereby covenants, and each owner of any lot by acceptance of a deed the1"`'° f whether or not it shall be so expressed in such dned, (1)s o to the Associa deemed to covenant and agree topd ay to special assessments for annual assessment or charges, capital improvements, such assessments to be established and A�c� P The annual and special asa�.�a�" • collected as hereinafter provided. together with interest, costs, and reasonable attorneys' assess- ments, glien fees shall be a charge on the land and shall be asn continuing upon the property against which each such assess is made. re Each such assessment, together with interest, costs and asonabl attorneys' fees, shall also be the personal obligation of the at the time when the person who was the Owner of such property obligation for delinquent assessment fe ll due. The personal e�t- assessments shall not pass to his successor in title unless pressly assumed by them. The assessments 2. Purpose of Assessments. to promote the levied by the Association shall be used excli�ith e Properties health, safety and welfare of the residents and for the improvement and maintenance Of thehomes ,and roadways situated upon the Properties. FREO N. COLMER -4- ATTORNEY AT LAW 1 CNANL©T7LSYILLL. YIROINIA r C Wm ---- -_- - )17: ..7 1.,—ate.. . __ - .i ,fir✓ �. Section 3 . Special Assessments for Capital Improvements. 1 In addition to the annual assessments authorized abovetheit a Association shall levy a special assessment of 20.00 a month to beheld in escrow and to be used for painting and extra- i ordinary maintenance and repair of the units. The Association I may also levy a special assessment applicable to that year only for the purpose of deferring, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements provided that any such special assessment shall have the assent of two-thirds of the vote of the membership who are ivoting in person or by proxy at a meeting di11y called for this I purpose. Section 4. Notice of Quorum for Any Action Authorized Under Section 3. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 shall be sixty nor more than s sent to all members not less than thirty days days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast 60% of all the votes of the membership shall constitute a quorum. If required quorum is not present, another meeting may be called subject to the same notice requirement, and the ethegrequired quorum uorum at the subsequent meeting shall be one-half ofshallred or ' of the preceeding meeting. No such subsequent meeting e held more than sixty days following the preceeding meeting. Section 5. Method and Rate went Assessment. lots with This subdivision contains twenty-two improvements thereon, as follows: . 5''‘. 8 Type "1" Lots which shall each pay 4.61% of the total assessment. • 8 Type "2" Lots which shall each pay 3.88% of the total assessment. 5.24% of the total. 4 Type "3" Lots which shall each pay assessment. 3.71% of the total !'. �' ` 2 Type "4" Lots which shall each pay f assessment. The annual and special assessments may be collectdd ' monthly. Section 6. Date of Commencement of Annual Assessment Due . Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the -5- FRED N. COLMER AT'TOIIrIY AT LAW cHAnt.or rsvi t.[. Y1110INIA >11�0f r . . liwe' `41.0' . conveyance of a Lot to an owner. The first annual assessment ! shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The ' Association shall, upon demand, and for a reasonable charge, . furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified lot has been paid. Section 7 . Effect of Nonpayment of Assessments. Rem:dies of the Association. Any assessment not paid within thirty days after the due date shall bear interest from the due date at the rate of six percent per annum. The Association may bring an action at law against the owner personally obligated to pay the o same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment provided for herein by nonuse or abandonment of his Lot. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or trans- fer of any lot pursuant . to mortgage foreclosures or any proceeding in lieu thereof, shall extinguish the lien of such assessment as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE V. AJE11.211031DSTEETIE No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing .the nature, kind, shape height, materials and location of the same shall have been submit ted to and approved in writing as to harmony of external design and location in relation to surroundings, structures and topo- graphy by the Board of Directors of the Association, or by an • architectural committee composed of three or more representatives appointed by the Board. In the event said Board, or its designates committee, fails to approve or disapprove such design and location within thirty days after said plans and specificatidns have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VI, 91001221115.11.12LESINEEMEIE There is hereby created a blanket eaeement upon. across FRED N. COLMER over and under the above described premises for ingress. egress. ' Amway AT LAW ' NARLOTTIGIVILIAL, VIRGINIA , -6- , 11005 r , i _ r ' 4440,1 ' IRO, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephones and electricityi, and a master television system. By virtue of this easement, it shall be expressly permissable for the providing 1 , electrical and/or telephone company to erect and maintain the 1 necessary poles and other necessary equipment on said property ari to affix and maintain electrical and/Or telephone wires, circuits and conduits on, above, across and under the roofs and exterior i 0 / e , z walls of said Properties. No in twithstandg anything to the contra- contained in this paragraph, no sewers, electrical lines, water r , lines or other utilities may be installed or relocated on said premises except as initaially programmed and approved by the builder of said premises or thereafter approved by said builder or the Association' s Board of Directors. This easement shall in no way affect any other recorded easement on such premises. An easement is also reserved in, on and over each lot to permit the Association or its designees to effect any desired or .., necessary maintenance or repairs to a building. ARTICLE VII. PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the lots shall constitute a party wall, and, to the extent not incon- sistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence orwillful acts or omissions shall apply thereto. ARTICLE VIII. I." )V" ' --RESTRICANrS Section 1. Limitations on Use of Lot. The Lots shall be occupied and used• as follows: (a) No owner shall occupy or use his lot, or permit the , same or any part thereof to be occupied or used for any purpose other than as a zr..4.12.t2 sia2922 .......L.Sfaitil residence, for the owner and the owner' s family or the owner' s lessees or guests. (b) No sign of any kind shall be displayed to the public view on or from any lot, without the prior consent of the Associa- ,., tion. .._ (c) No animals, livestock or poultry of any kind shall be raised, bred, or kept in any lot, except that dogs, cats or other household pets may be kept on lots, subject to rules and regulations adopted by the Association. ,1/4 (d) No noxious or offensive activity shall be carried on in any lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other owners. FRED N. COLMER ..7-, 647'101,111[Y AT LAW CeiAALOTTICOVILLS. vivaamon atom r , — i . . I No, . , (e) All houses shall be and remain of like exterior design, shape, color and appearance as now constructed. . . Section 2. Entry for Repairs. The Association or its I agents may enter any lot or residence thereon when necessary in connection with any maintenance, landscaping or construction fot which the Association is responsible. Such entry shall be made with as little inconvenience to the owners as practicable, and • 1 . any damage caused thereby shall be repaired by the Association 1 1 , . 1 . out of the common expense fund. 1 . Section 3. Sale or Lease Right of First Refusal. In the 4 event any owner of a lot wishes to resell or lease the same, and shall have received a bona fide offer therefor from a prospective purchaser or tenant, the Association shall be given written notice thereof together with an executed copy of such offer and the terms thereof, and the Association acting through its Board of Directors shall have the right to purchase or lease the subject lot upon the same terms and conditions as set forth in the offer therefor, provided that the Association shall accept such offer • within a period of fifteen (15) days after having received same. In the event any owner shall attempt to sell or lease his lot without affording to the Association the right of first refusal herein provided, such sale or lease shall be wholly null and void and shall confer no title or interest whatsoever upon the intended purchaser or lessee. , • The subleasing or subrenting of said interest shall be i . . 1 subject to the same limitations as are applicable to the leasing i . or renting thereof. The liability of the owner under these covefl . ants shall continue, notwithstanding the fact that he may have leased or rented such interest as provided herein. 5 In no event shall the right of first refusal reserved herein affect the right of an owner to subject his lot to a deed of trust, mortgage or other security instrument. The failure or refusal by the Association to exercise the right to so purchase or lease shall not constitute or be deemed to be a waiver of such right to purchase or lease when an owner receives any subsequent bona fide offer from a prospective pur- chaser or tenant. Section 4. Mortgage Not Affected by Right of First Refusal.1 • In the event of any default on the part of any owner under any . , deed of trust or mortgage made in good faith and for value, which entitled the holder thereof to foreclose same, any sale under . . , . such foreclosure or any judicial sale shall be made free and clear of the provisions of Section 3, and the purchaser of such lot shall be thereupon and thereafter subject to the provisions of this Fnect N. CALMER -8- ATTORNIZY AV LAIN 1 . csiAnLerrairimus, VIRGINIA . RE001 . , ” --------- . , I 1 , Nft.0 , %we Declaration. If the purchaser following such foreclosure rnle or judicial sale shall be the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter sell and convey the lot free and clear of the provisions of Section 3, but 1 t I its grantee shall thereupon and thereafter be subject to all of the i i provisions thereof. . g ARTICLE IX. RECORDS OF RECEIPTS AND EXPENDITURVS The Association shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and repair expenses of the common elements. and aily other expenses incurred. Such records and the vouchers authorizing the payment shall be available for examination by the lot owners and others with an interest such as encumbrancers or prospective lenders at convenient hours of weekdays. ARTICLE X. grim1AL PROVISIONS Section 1. Enforcement. The Association, or any owner, shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of . these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years. This Declaration may be amended during the first twenty year period by an instrument signed by not less than 90% of the lot owners, and thereafter by an instrument signed by not less than 75% of the lot owners. Any amendment must be re- -) corded. Section 4. Annexation. Additional residential property may be annexed to the Properties with the consent of two-thirds of the members. , IN WITNESS WHEREOF, the undersigned, being ttib Declarant herein, has hereunto set its hand and seal this 19thday of November 1973 . MONTESANO PARK". „ 57 cLAnAn ATTEST T . 7 . d : r••••••.000•Me.M. By ..Ae...- 7, -- FRED N. COLMER ( President ct ATTORNEY AT LAW Assistant Secretary cHARLOTTatsvIL6.6. VIRGINIA 22001 ..---- P gio k 0 . ' 111100 11111100 STATE OF VIRGINIA COUNTY OF ALBEMARLE I, Fred N. Colmar, a Notary Public in and for the said County and State do hereby certify that Yves M. Coty, President of Montesano Park, Ltd. , a Virginia corporation, has signed for and on the behalf of said corporation and, that the corporate seal has been affixed by a duly authorized office Of said corporation • 0 to this writing bearing date on the 15th day of November, 1973, ... , before me in said County and State. . , L Given under my hand this lq_.1%4- day of i40 I -:// 1. p 1973 My Commission expires ' the lqy of July, 1974. . . • . . . . Notary .0 p . . .. . , . , . . . . . . . . . „ . . . . , . . . • • ", . 1 . , 1 . , 1 . . . . . • i . . . . . 1 . . . • , . . , . 1 . . . . . . . • • . . . . .. . . ; , , . ' • I . . . , - . . .. . , . . . , , . , • . . . . 1 . ". . . : . • • • . . ., , •. L . • . . • • . . , . . . . . , . i • . . . ' . . . . 1 . . • . . 1 . , . . ,• . , , ' • . •• , . . i . .. '• ' . . . • 1 ' , ., . . • ' . . . . . . „ . , . . . ' . . . . . . . i . . . . . • . , ., i • • . . ; . . • . . - . . . . . ,. . . .. . .. . .. ., . . . . . , .. . . ' . 1 . . . .. . • - . ., , ' - . , , .., . . . . . .. . , . . 1 _- ,. . • . • - • • • . 'i • • 1 . . - . .•-14 . . . • • • .. • • 1 . . . • . . . • 1°1 1 ' . • , • ,. • . . .. • • ' . . ' .. . ., . . . . „ • . . . . • , . . • : • .• . . . . , . . .. . ., . . . • - • . . s ., . . i - . . . • . : . • , . .,, ., • , .. . , . , . . . . . • . ., • - . • ' ° . .P.. . .. . . . . • . . . . 1 . • . •• „ ,••••, . • ., • . . . . . . • . , FRED N. COLMER ' . ATTOMMY AT LAW CHAPLOTTASVILLEL, VSACINIA 112001 : . 1E . ....-— 1