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Home My WebLink AboutSDP201800091 Other 2019-10-17Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: LORI SCHWELLER Cashier: MEB Instrument Type : DEC Receipt #: 2019-048004 Instrument # : 201900011354 Date 10/17/2019 03:54pm Book/Page : 05230 / 0627-00687 Pages : 61 # Plat Pages: 6 Document - 1 of 1 1st Grantor : OAKLEIGH ALBEMARLE LLC Ex: N 1st Grantee : OAKLEIGH ALBEMARLE LLC Ex. N Description: OAKLEIGH - SEE INSTRUMENT Consideration 0.00 Assumed Value: 0.00 Pct : 100.00% 1 st City: Y Item # Description Qty Unit Cost Extended 035 VOF 1 1.00 1.00 301 Clerk 31+ Pages 1 48.50 48.50 145 VSLA 1 1.50 1.50 106 TTF 1 6.00 6.00 301 Clerk Fee 6 13.50 81.00 145 VSLA 6 1.50 9.00 106 TTF 6 5.00 30.00 301 Clerk Fee - Highway Map 1 5.00 5.00 Document 1 182.00 Grand Total 182.00 Check 571998-182.00 Balance 0.00 Customer Copy VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date: 9/12/2019 Instrument Type: ----------- DEC-PL Number of Parcels: $----- Number of Pages: _ 56 [ ] City X County ..... ALBEMARLE- - --...--- __ ---- TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ]Grantor; ...... [ ] Grantee: Consideration: ------------------------------ Existing Debt: $0.00 Actual Value/Assumed: ------ __ $0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: -_ $0.00 Fair Market Value Increase: . „_------------ -$0.00 ............. Original Book Number: ------- Original Page Number: Prior Recording At:[ ] City[ ] County (Area Above Reserved For Deed Stamp Only) Original Instrument Number_ _________________________ -_-- Percentage In This Jurisdiction: _- BUSINESS / NAME X Grantor: OAKLEIGH ALBEMARLE, LLC - ------ [ ] Grantor: - ......... ------------- ..-...- ....... ------- .................. . Grantee: OAKLEIGH ALBEMARLE, LLC ------ [ ]Grantee: ------------- - ------- ---....-.- ----------- • --•------- -.-...-.-.-.-.- GRANTEE ADDRESS Name: OAKLEIGH ALBEMARLE, LLC ---------------------------------------•--- •------------ Address: 690 BERKMAR CIRCLE- ------------•- -----. City: CHARLOTTESVILLE __ __ ______•. __ State: ---- Zip Code: Book Number: _- Page Number: ......... Instrument Number: Parcel Identification Number (PIN): 04500-00-00-026A3---- Tax Map Number: N/A Short Property Description: _OAKLEIGH - SSTR -SEE INUMENT Current Property Address: OAKLEIGH SUBDIVISION, RIO DIST LOT 1 City: CHARLOTTESVILLE State: ....VA--. ---- - -- -- - - Instrument Prepared By: WILLIAMS MULLEN -- Recording Paid By: Recording Returned To: _ LORI SCHWELLER __ __ _- __ Address: WILLIAMS MULL_ EN 321 EAST MAIN ST, SUITE 400 --------------------------------------------•--------- — City: CHARLOTTESVILLE State: _ __VA 100% 22901 Zip Code: __________ 22901 LORI SCHWELLER .. .. .. --------•-•----- Zip Code: - 22902 FORM CC-1570 Rev: 7/15 Page 1 of 5 Cover Sheet §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: P/j 91900-9. Instrument Type: ....... D. EC.--P L ..... Number of Parcels: .... 8 ... Number of Pages: - -- - ]City D< County ------------------------------- A.L-BEMA-RLE ------- .11 ...... PARCELS IDENTIFICATION OR TAX MAP Prior Recording At: [ ] City I County --------- - ........ --------------- Percentage In This jurisdiction: --------------- 100% -------------- Book Number: Page Number: --------- Instrument Number: _____________________________ Parcel Identification Number (PIN): -Q45QQr-QQ-00-0..2-6.A4..'. Tax Map Number: WA ------ ........ ------------- ------ Short Property Description: -O.A-KLEIG-H--_SEE--l-NSTR-UM-ENT -- --- - -------------------------- - ----------------------------------- Current Property Address: OAKLE.IG-H- $-U E1QFW$1QN, -RIQ DIST. LQT2 - - ...... city:, QHARLQTTF$YUE ------- ------- ------------------- -- ...... State: _.YA, Prior Recording At:[ ]City[ ]County ----- --- ------ —.1 ----------------- --- - - -------- Percentage In This jurisdiction: ..... ....... Book Number: ---------- PageNumber: Instrument Number: .. ---------------- ........ Parcel Identification Number (PIN): -04500-00-00.-026-M.— Tax Map Number: NIA.-.-----____--__-_- . ------------- Short Property Description: O.A-K.,...L.-..E..I.-G--H-...---..S...E--E-IN-ST.RU.M-.E..NT ----- (Area Above Reserved For Deed Stamp Only) I ... - ... .. .. .. .. .... ------- Zip Code: . ------- Z2901 ----------- ....................... --- --- ................... Current Property Address: O.A-KL�EIG-H-SU-B.DIV-lS-l-ON..-.RI-O-D-I-S.T.-L.O.T-3 --- - -- - ----------- City: CHARLOTTESVILLE ----------- ---- - ---------------------------- ------- - State: --.V.A-- Zip Code: ------------ -- ------ .—.-22901 ------ -- FORM CC-1570 Rev: 10/14 Page 2 of 5 Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright@ 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: Instrument Type: ...... D.EP.7.PL.... Number of Parcels: ---- Number of Pages: .... ]City N County --------------------- --------- A..L.'BEM.A_R.L'E ------------------------------ PARCELS IDENTIFICATION OR TAX MAP Prior Recording At:[ ]City[ ]County ..... -----------------------_ ------------ ------------------------ Percentage In This jurisdiction: --------------- 100% --------------- Book Number: . ----- __ Page Number: --------- Instrument Number: _____________________________ Parcel Identification Number (PIN): -O..4..5.100-0.0.-.00.-0.2..Q-A.Q-___ Tax Main Number: N/A___-_____ ..... ------------- - Short Property Description: -OA-KL.EIG-H---SEE--INST.R-UM-ENT ----- ----- ---- - --- --- --- ----------- ----------------- 111 - --------- --------------- -------------- ------------------------- .................. --- ---------------------- ------------_-------- Current Property Address: OAKLEIG H. WODWSION, -RIO DIST LOT 4-------- - -------------------------------------- _ ....... _.__ City: CHARLOTTEWWX .... ------ ----- State: ..VA--_, Zip Code: ........... 22901 .......... Prior Recording At: [ ] City [ ] County (Area Above Reserved For Deed Stamp Only) Percentage In This jurisdiction: 100% -- -- --------- - I ------ ------------- Book Number: ---------- Page Number: ------------- Instrument Number: .. ----------------- I- ---- Parcel Identification Number (PIN): .0.45.10.0..--00-0O.-.0126IIA9.._. Tax map Number: NIA___--____---------------------,_-_____ Short Property Description: QAKWQ1!_-_$99AN --- S.T.- R tj --- M..E. --- N T__ - --------- ------------------- Current Property Address: OAKLE. IGH -S U-BDIV-11-S.'10 N.- R10- DIST -LOT- 4A ---------------- city: CHAR.LOTTES-VILLE ------- ------ ------------------------------------------ State: ... VA _ Zip Code: 22901. FORM CC-1570 Rev: 10/14 Page 3 of 5 Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright Q 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: ..... 9/12/2019 Instrument Type: ----- DEC-PL ............ Number of Parcels: _'___8 ---- Number of Pages: ---- 5_6 City M County ALBEMARLE ----- - - --- -- - - --- --- ----- --- PARCELS IDENTIFICATION OR TAX MAP Prior Recording At:[ ]City[ ] County ----__ I... .. . --------------------------------------------- ---------- ---- Percentage In This jurisdiction: ------------ 100% -------------- Book Number: --- Page Number: ---------- Instrument Number: --- -------------------- _. - Parcel Identification Number (PIN): 0-4-5-M-00-00-025.A.4. -- - - ------------------- - ---- TaxMa Number: N/A F----- ----- I., ----------- -------- Short Property Description: .OA-KLEIG_H---SE-E--I"N-STR-UM-E.NT ------- - ---- ---------- - -------------- - ----------------- (Area Above Reserved For Deed Stamp Only) ---------------- ------------- ---------- --- _ ... I -- - - — ------------ ........... ' ----------- � ---------------- Current Property Address: OAKLEI-O.H- SU BDIVISIO-N, RIO DIST- LOT A ---- --- _ ......... ----_------------ ____ -_------------------- city:, C HAROTTESMUE - � - � - � - -_ --- ___ --------- .._,....state: _VA...- Zip Code: .. ---------22901 ---- ...... Prior Recording At:[ ]City[ ]County Percentage In This jurisdiction: --------------- 100% ------------- Book Number: ---------- Page Number: ------------- Instrument Number: -------------------------- _ Parcel Identification Number (PIN): _045.097_00-00-026�13.6 Tax Map Number: N/A ----------------------------- -------- Short Property Description: QAKInRlQf!_- SEE IN.S.T.R.U-M-ENT ------------------ __ ....... - ------- . ... ............. ---- --- ------- .................................................................... � ---------------------------- ---------------- - Current Property Address: OAK..LEI.G-H-SU-BDIV-I-S-l-ON,.-RI-O-D-I..$-T-LOT..Q,A ------------ ............... . ......... City: CHARLOTTESVILLE ------ 1 ........ . State: _VA.. Zip Code: ------------ FORM CC-1570 Rev: 10/14 Page 4 of S Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright@ 2014 office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: -------- Instrument Type: -,, --- DEC.-.PL----. Number of Parcels: ---- 8---- Number of Pages: .... 56 City N County -- ---- A-L-B.ENIA.R,LE--- ----------- PARCELS IDENTIFICATION OR TAX MAP Prior Recording At:[ ]City[ ]County - - - ----------- ---------- — ------- Percentage In This jurisdiction: --------------- 100% ------------- BookNumber: Page Number: Instrument Number: - ---------------------------- Parcel Identification Number (PIN): 04500-.00.-00-0.2.6A7--- Tax Map Number: N/A-------- ----------------------------- Short Property Description: -TH.E-B-LA.K-E----.S..EE-INS-T�RU-M.E.N-T --------------- - ----- -------- ----------------------------------------- ------------------------- -- --------------- --------------------- ----------------- Current Property Address: THE. BLAKE, -RIO -Q!$T-LQT-5 ---- ------ ------ -------- -- ----- — ------------ --------- -------------- city:. CHARLOTTEWILL.E ------- ----------- --............................ State: VA_--. Zip Code: . ---- ---Z29Qi . - - - .- Prior Recording At:[ ]City[ ]County (Area Above Reserved For Deed Stamp Only) Percentage In This jurisdiction: . ............... --- ----------- Book Number: ---------- Page Number: -------- Instrument Number: .............. 111-- ...... Parcel Identification Number (PIN): Tax Map Number: ------------------------ - -------- ----- Short Property Description: --------- - --------------- ---------------------- - - ------------ - - --- --- ---- -- ---------- I ----- ----- ............... ... — .......... - ................ ............ -- -------- --------------- Current Property Address: ... ... - ----------- - ------------ — ---- ------------- ......... ------ -- - ------- City: � -------------- --- ------------------- -------- State: ........... Zip Code; --------- .. ........ ..... FORM CC-1570 Rev: 10/14 Page S of S Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright 0 2014 office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR OAKLEIGH ALBEMARLE COUNTY, VIRGINIA ALBEMARLE COUNTY TMP Nos: 04500-00-00-026A3 04500-00-00-026A4 04500-00-00-026A5 04500-00-00-026A6 04500-00-00-026A7 04500-00-00-026A8 04500-00-00-026A9 04500-00-00-026B6 Prepared by: Williams Mullen 321 East Main Street, Suite 400 Charlottesville, Virginia 22902 TABLE OF CONTENTS RECITALS ARTICLE I DECLARATION; PURPOSE.....................................................................................I 1.1 Declaration................................................................................................I..............1 1.2 Purpose....................................................................................................................2 ARTICLEII DEFINITIONS...........................................................................................................2 ARTICLE III SUPPLEMENTAL DECLARATIONS............................................................. ....... 6 3.1 Right to Remove Property and Subject Additional Property to Declaration ........... 6 3.2 No Approval Needed...............................................................................................7 3.3 Additional Restriction..............................................................................................7 3.4 Application Plan...................................................................................................... 7 ARTICLEIV PERMITTED USE...................................................................................................8 4.1 Permitted Uses......................................................................................................... 8 4.2 Rules and Regulations............................................................................................. 8 4.3. SWM Pond...............................................................................................................8 4.4. Home -Based Businesses..........................................................................................8 4.5. Rental of Lots.......................................................................................................... 9 ARTICLE V ARCHITECTURAL CONTROL...............................................................................9 5.1 Architectural Review Board....................................................................................9 5.2 Plan Approval Required........................................................................................10 5.3 Submission of Plans.................................................................................. ••.......... 10 5.4 Approval of Plans.............................................................. .............. ........... l 1 5.5 Compliance with Plans..........................................................................................13 5.6 Liability for Violation......................................................................................... 13 ARTICLE VI COMMON AREAS, COMMON IMPROVEMENTS, AND STORMWATER DRAINAGE SYSTEM.........................................................................13 6.1 Upkeep...................................................................................................................13 6.2 Owners' Rights of Enjoyment...............................................................................14 6.3 Limitations on Owners' Rights..............................................................................14 6.4 Delegation of Use..................................................................................................15 6.5 Damage or Destruction by Owner.........................................................................15 6.6 Rights in Common Areas Reserved by Declarant . ................................................ 15 6.7 Title to or Transfer of Responsibility for Certain Common Areas and the Stormwater Drainage System................................................................................15 6.8 Exclusive Common Area.........................................................................................16 I ARTICLE VII ADDITIONAL COVENANTS................................................................ 7.1 Maintenance and Upkeep......................................................................... 7.2 Landscape Maintenance............................................................................ 7.3 Compliance; Environmental Protection.................................................... 7.4 Damage and Destruction........................................................................... 7.5 Rezoning or Amendment of Proffers........................................................ 7.6 Nuisances................................................................................................_ ARTICLE VIII ADMINISTRATION ................. 8.1 Authority ...................................... 8.2 Property Owners Association...... 8.3 Owners as Members .................... 8.4 Membership and Voting Rights... 8.5 Board of Directors ...................... 8.6 Sanctions ...................................... 8.7 Articles and Bylaws to Govern.... 8.8 Dissolution of the Association..... 17 .................................. ...........--.... .......19 .I .................. ......... ......19 .. . ..................................................................19 .......................................................................19 .......................................................................19 ....................................................................... 20 ....................................................................... 20 ..................................... . .........................20 ....................................................................... 20 ARTICLEIX ASSESSMENTS...................................................................................................21 9.1 Covenant for Assessments.....................................................................................21 9.2 General Assessments.............................................................................................21 9.3 Special Assessments................................................... .......................................... 22 9.4 Service Area Assessments.....................................................................................22 9.5 Apportionment..........................••..........................................................................23 9.6 Liability for Assessments......................................................................................23 9.7 Remedies in Event of Default................................................................................23 9.8 Subordination of Lien to Mortgages......................................................................24 9.9 Non -disturbance and Attornment..........................................................................24 9.10 Exempt Property....................................................................................................24 9.11 Date of Commencement of General Assessments, Special Assessments and Service Area Assessments............................................................................. 25 ARTICLE X INSURANCE AND CASUALTY LOSSES........................................................25 10.1 Association Insurance........................................................................................... 25 10.2 Policy Requirements..............................................................•-..--..........................27 10.3 Damage and Destruction.......................................................................................28 10.4 Owner's Insurance..................................................................................................29 ARTICLEXI EASEMENTS.........................................................................................................29 11.1 Utility Easements...................................................................................................29 11.2 Erosion Control......................................................................................................30 11.3 Maintenance of Lots..............................................................................................30 11.4 Construction Easements and Rights......................................................................31 11.5 Right of Entry for Governmental Personnel..........................................................31 11.6 Easements for Landscaping, Signs and Related Purposes.....................................31 11.7 Easement for Encroachment..................................................................................32 11.8 Easement for Upkeep of Common Areas . ..................................... :...... ................. 33 a 11.9 Easement for Upkeep of Stormwater Drainage System and Irrigation.................33 11.10 Easement for Special Events.................................................................................33 11.11 Ingress/Egress; Public Pedestrian Access..............................................................33 11.12 Cross Easements for Parking..................................................................................34 ARTICLEXII ENFORCEMENT.................................................................................................34 12.1 Preventive Remedies..............................................................................................34 12.2 Enforcement Rights...............................................................................................34 12.3 Cumulative Remedies............................................................................................35 12.4 Failure to Enforce Not a Waiver of Rights............................................................35 12.5 Assignment of Rights and Duties...............................................................I..........35 12.6 Constructive Notice and Acceptance.....................................................................36 12.7 Waiver....................................................................................................................36 12.8 Estoppel Certificate...............................................................................................36 12.9 Exoneration of Declarant . .................................... .................................................. 36 ARTICLE XIII DURATION, AMENDMENT AND PRIORITY................................................37 13.1 Duration of Protective Covenants..........................................................................37 13.2 Amendment............................................................................................................37 13.3 Priority...........................................................................•........................................37 ARTICLEXIV MISCELLANEOUS............................................................................................38 14.1 Variance...................................................................................................................38 14.2 Effect of Invalidation.............................................................................................3 8 14.3 Notice.....................................................................................................................39 14.4 Interpretation........................................................................................................... 3 9 14.5 Captions.................................................................................................................39 14.6 Run with Land.......................................................................................................39 14.7 Governing Law......................................................................................................39 EXHIBIT A — Legal Description of the Property.....................................................................41 EXHIBIT B — Subdivision and Easement Plat of the Property...............................................42 EXHIBIT C — Allocation of Votes..............................................................................................43 EXHIBIT D — Allocation of Assessments.................................................................................44 EXHIBIT D-1 — Line Items and Allocations among Use Categories......................................46 ff DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR OAKLEIGH THIS DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR OAKLEIGH (the "Declaration") is made and entered into as of September , 2019, by OAKLEIGH ALBEMARLE, LLC, a Virginia limited liability company (the "Declarant") and provides: RECITALS A. The Declarant is the owner of certain real property located in the County of Albemarle, Virginia, as identified and described in EXHIBIT A attached hereto. B. The Declarant desires to develop the Property as an integrated project known as Oakleigh. C. By executing and recording this Declaration, the Declarant is establishing certain covenants, restrictions, easements, and other terms and conditions applicable to the development, ownership, and use of the Property and is submitting the Property to the provisions of this Declaration. D. The Declarant (as that term is defined herein) reserves the right to submit, from time to time, after the recordation of this Declaration, additional real property to the provisions of this Declaration. Upon submission of the Additional Land to the provisions of this Declaration, such Additional Land shall become part of the Property that is subject to this Declaration. ARTICLE I DECLARATION; PURPOSE 1.1 Declaration. The Declarant hereby declare that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration. This Declaration shall run with the Property and every part thereof and shall be binding upon and inure to the benefit of all Owners, lessees, licensees, Occupants and their successors and assigns as set forth in this Declaration. 1.2 Purpose. It is the purpose of this Declaration to create an integrated retail/office/assisted living facility/multi-family residential project of high duality known as Oakleigh, to assure the orderly and attractive development of the Property in an efficient and harmonious manner, to preserve and enhance property values, amenities and opportunities within the Property, to promote the health and safety of the Occupants and to maintain a harmonious relationship among the structures and the natural vegetation and topography thereon. This Declaration is designed to complement the Zoning Ordinance and other Laws, and where conflicts occur, the more restrictive requirement shall prevail. ARTICLE II DEFINITIONS Unless the context otherwise specifies or requires, each term defined in this Article shall, for the purposes of this Declaration including the Recitals, have the meaning indicated below. "Additional Land" means any real property adjacent to or nearby the Property. "Affiliate of Declarant" means any entity directly or indirectly controlled by or under common control with Declarant, whether through the ownership of voting securities or by contract, partnership agreement, trust agreement or otherwise. "Architectural Review Board" means the Architectural Review Board created pursuant to Article V. "Assessments" means, collectively, the General Assessments, the Special Assessments and the Service Area Assessments. "Association" means the property owners association now or hereafter established pursuant to Section 8.2. "Association Board" or "Board of Directors" means the Board of Directors of the Association. "Building" shall have the meaning set forth in the building code for the County of Albemarle, Virginia. "Clerk's Office" means the Clerk's Office of the Circuit Court for the County of Albemarle, Virginia. "Common Area" or "Common Areas" means (i) all real property (including the improvements thereto) specifically designated as Common Area on a plat of the Property (other than a plat labeled "Preliminary") recorded by Declarant, including but not limited to, that certain subdivision plat entitled "SUBDIVISION PLAT SHOWING REVISED LOTS 2, 3 AND 4, AND NEW LOTS 4A, 6 AND 6A, AND REVISED EASEMENTS, OAKLEIGH SUBDIVISION, LOCATED ON RIO ROAD, RIO DISTRICT, ALBEMARLE COUNTY, VIRGINIA," prepared by Lincoln Surveying, dated January 29, 2018, last revised May 2, 2018, and recorded in the Clerk's Office in Deed Book 5051, page 627, as amended by the Revised Subdivision Plat defined in Exhibit A, and any Supplemental Declaration or amendment to this Declaration or with any other instrument executed by Declarant and recorded in the Clerk's Office; (ii) all real property now or hereafter owned by the Association unless specifically designated by the Declarant or the Association in a Supplemental Declaration or other instrument that such property shall not constitute a Common Area, (iii) such easement areas and rights -of - way granted or assigned to, or reserved for the benefit of, the Association for the common use and enjoyment of the Members of the Association, specifically including but not limited to all roadways and sidewalks throughout the Property and the Emergency Access easement area, and (iv) all easements, and/or rights -of -way granted or assigned to the Association for the common use and enjoyment of the Owners for which the Association has assumed the responsibility for 2 Upkeep, and (v) includes any Common Improvements now or hereafter located on any Common Area; provided, however, that Common Areas shall not include any portion of the Property that is now or hereafter dedicated to any Governmental Entity and accepted for maintenance by such Governmental Entity. "Common Improvements" means those Improvements that are located in, on, upon, under or across any Common Area and for which the Association is responsible for Upkeep under the provisions of this Declaration. Common Improvements do not include Improvements constructed by an Owner on a Lot that are intended for the use and benefit solely of the Owner and Occupants of the Lot and for which the Owner or Occupant of the Lot will be responsible for Upkeep. Common Improvements expressly include the playground equipment and improvements on Lot 6, the Rio Road entrance monument sign, and all pole lights within Common Area. "County" means the County of Albemarle, Virginia. "Declarant" means Oakleigh Albemarle, LLC, a Virginia limited liability company, and any successor or assign designated as the "Declarant" in a written instrument recorded in the Clerk's Office or, in the case of any Mortgagee succeeding to the Declarant's rights by foreclosure or conveyance in lieu of foreclosure, such Mortgagee. Declarant is the owner of the Property as of the date of recording of this Declaration. "Declarant Control Period" means the period during which the Class B membership exists. "Declaration" means this Declaration of Protective Covenants and Restrictions for Oakleigh, and any amendments or supplements thereto including any Supplemental Declaration. "Development Guidelines" means those guidelines, if any, concerning the development of the Property as provided in Section 5.1. "Exclusive Common Area" means a portion of the Common Area intended for the exclusive use or primary benefit of one (1) or more, but less than all, Lots, as more particularly described in Section 6.8. "Exempt Property" shall have the meaning set forth in Section 9.10. "General Assessments" means the annual assessments provided for in Section 9.2. "Governmental Entity" means any federal, state or local legislature, official, judge, administrator, agency, authority, or any other governmental or quasi -governmental entity, agency or official, including, without limitation, and a community development authority formed pursuant to Article 6 of Chapter 51, Title 15.2 of the Code of Virginia (1950), as amended, in order to affect the financing of certain costs associated with the construction of the Common Improvements. "Improvements" means any Buildings, underground installations, slope alterations, stormwater drainage facilities (including the Stormwater Drainage System and the SWM Ponds), 3 equipment, and lines, utility facilities, equipment, and lines, lights, roads, driveways, traffic signals, signs, or control devices, parking areas, fences, satellite dishes, rooftop installations, screening walls and barriers, retaining walls, stairs, decks, windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other Structures or landscaping improvements of every type and kind. "Laws" means all statutes, laws, orders, rules, regulations, advisories, decisions, ordinances and other directives now or hereafter passed, enacted, promulgated, issued or adopted by any Governmental Entity including, without limitation, the Zoning Ordinance. "Lot" means a portion of the Property now or hereafter designated as a Lot or parcel of land on a recorded plat of subdivision or re -subdivision of the Property and includes any Improvements now or hereafter constructed on the Lot. "Member" means every Person who holds a membership in the Association. "Mortgage" means a mortgage or deed of trust securing an indebtedness held by a Mortgagee. "Mortgagee" means any financial institution, Declarant or an Affiliate of Declarant holding an indebtedness secured by a Mortgage on a Lot or a portion thereof. "Occupant" means any Person who occupies and/or who is entitled to use a part of the Property as Owner, lessee, licensee or invitee, or in any other capacity other than as the beneficiary of an easement. "Owner" means the Person(s) who hold(s) the fee simple record title to a Lot but excluding those having such interest merely as security for the performance of an obligation. "Permitted Use" or "Permitted Uses" means with respect to any portion of the Property any use to which such portion of the Property may be devoted under the Zoning Ordinance. "Person" means any natural person, corporation, partnership, trust, limited liability company or other entity. "Plans" means the designs, drawings, elevations, plans, plats, specifications, and other information required to be submitted by an Owner pursuant to Section 5.3. "Proffers" means the proffers which are applicable to all or any portion of the Property, including the Proffers from ZMA-2016-00015, approved by the County Board of Supervisors on February 8, 2017, as the same may be amended, modified, supplemented or amended and restated from time to time. "Project" means the integrated retail/office/multi-family residential project known as Oakleigh located in the County of Albemarle, Virginia. Though Lot 5, as shown on the Oakleigh Subdivision Plat identified in Exhibit A was created along with the other lots comprising the Property and is subject to the Proffers as part of the property subject to ZMA-2016-00015, Lot 5 is not subject to this Declaration. However, since shown on the plat and affected by certain C! easements in common with the Project, reference is made herein to Lot 5 with respect to certain maintenance obligations for the sake of clarity. "Property" means (i) the real property described on Exhibit A attached hereto, as shown on the subdivision plat attached hereto as Exhibit B and incorporated herein; and (ii) all or any portion of the Additional Land that is hereafter submitted to the provisions of this Declaration. "Protective Conditions" shall have the meaning provided in Section 3.3. "Rules and Regulations" means any uniformly applied rules and regulations adopted from time to time by the Association Board to implement the objectives of this Declaration with respect to the use and enjoyment of the Common Areas. "Service Area" means two (2) or more Lots to which an Exclusive Common Area is assigned, as described in Section 6.8. A Unit may be part of more than one (1) Service Area, and Service Areas may overlap. Where the context permits, or requires, the term "Service Area" shall also refer to the Service Area Committee, if any, established in accordance with the By - Laws to act as a liaison between the Board and the Owners within a particular Service Area. "Service Area Assessments" means Assessments levied against the Lots in a particular Service Area or Service Areas to fund Service Area Expenses, as described in Section 9.4. "Service Area Expenses" means the actual and estimated expenses incurred or anticipated to be incurred by the Association for the benefit of the Lots within a particular Service Area or Service Areas, which may include a reasonable reserve for capital repairs and replacements, as the Board may specifically authorize and as may be authorized herein or in any Supplemental Declaration applicable to the Service Area. "Special Assessments" means the assessments including, without limitation, Special Stormwater Drainage Assessments, as provided for in Sections 6.5, 8.6, 9.3, 11.2, 11.3 and 12.2. "Stormwater Drainage System" means the apparatus, basins, culverts, drains, equipment, facilities, lines, pipes, and pumps including, without limitation, (i) the stormwater management ponds and underground retention facilities that provide for the collection and drainage of stormwater at the Project, (ii) the lines and pipes running to and from SWM Ponds, underground retention facilities and the related equipment used in connection with the operation and Upkeep of the Stormwater Drainage System, and (iii) porous concrete pavers within the stormwater drainage easements granted to the County; provided, however, that the Stormwater Drainage System shall not include any portion of such system that is now or hereafter dedicated to any Governmental Entity and accepted for maintenance by such Governmental Entity. "Structure" shall have the meaning set forth in the definition of the building code for the County of Albemarle, Virginia. "Subdivision Plat" means a plat or survey prepared in accordance with the subdivision ordinances and requirements of the County and recorded among the land records of the County to subdivide the Property into two or more Lots. E "Supplemental Declaration" means an instrument recorded by Declarant in the Clerk's Office which submits all or any portion of the Additional Land to the provisions of this Declaration and/or which may contain such other provisions as are provided for in Articles III and IV of this Declaration. "SWM Ponds" means the private stormwater management ponds located on the Property and the easement areas in which such ponds are located. "Unit" means a residential or commercial unit in a multi -family, mixed -use or commercial building, and any additions or replacements thereto. "Unit Owner" means the Owner of a Unit. "Utility Easements" shall have the meaning set forth in Section 11.1 of this Declaration. "Upkeep" means care, inspection, maintenance, operation, repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction. "Zoning Ordinance" means any ordinance, regulation or provision enacted by the applicable governing body of the County of Albemarle, Virginia and applicable to the Property regulating, restricting, permitting or prohibiting the use of the Property or any portion thereof and the construction of Improvements thereon and, for the purpose of this definition, shall include the conditions and provisions of any conditional use permit affecting any portion of the Property or any other government -controlled or directed process affecting any portion of the Property. Without limiting the generality of the foregoing, "Zoning Ordinance" includes the Proffers applicable to the Property. ARTICLE III SUPPLEMENTAL DECLARATIONS 3.1 Right to Remove Property and Subject Additional Property to Declaration. Declarant reserves the right, in its sole discretion, at such time or times as it shall determine, to release from the provisions of this Declaration any portion of the Property owned by Declarant or an Affiliate of Declarant and/or to submit or resubmit to the provisions of this Declaration all or any portion of Additional Land and any portion of the Property previously released from the provisions of this Declaration, together with Improvements thereon and easements, rights and appurtenances thereunto belonging or appertaining. Declarant may release any portion of the Property from the provisions of this Declaration by recording in the Clerk's Office a Supplemental Declaration describing that portion of the Property to be released. Declarant may submit all or any portion of Additional Land to the provisions of this Declaration by recording in the Clerk's Office a Supplemental Declaration describing the Additional Land submitted to this Declaration. Each such instrument may also contain such additions, deletions and modifications to the provisions of this Declaration with respect to such Additional Land as may be desired by Declarant and the Owner or contract purchaser, if any, of such portion of Additional Land. Upon the recording of any such Supplemental Declaration submitting Additional Land to the provisions of this Declaration, such Additional Land shall become part of the Property that is subject to this Declaration. Notwithstanding the foregoing, Declarant shall not be obligated to bring any such Additional Land within the scheme of development established by this 0 Declaration, and no negative reciprocal easement shall arise out of this Declaration so as to benefit or bind any such Additional Land until such Additional Land is expressly subjected to the provisions of this Declaration in accordance with this Section. The failure of Declarant to extend the provisions of this Declaration to Additional Land shall not be deemed to prohibit the establishment of a separate scheme of development (including provisions substantially similar or identical to those contained herein) for such Additional Land to which this Declaration is not extended. Notwithstanding any of the foregoing provisions of this Section, without the written consent of the Owner(s) of any Lot(s) adversely affected by such actions, Declarant shall not release from the provisions of this Declaration any portion of the Property, to the extent such release would have a material adverse impact on the use of and operations conducted on the Lot in any manner related to the following: (1) the use of the Lot; (ii) parking, access and other rights appurtenant to such Lot pursuant to the terms of a separate easement agreement or other instrument; (iii) easements and related rights for utilities, stormwater drainage and access for the Lot; (iv) access to and from the Lot to and from public streets; (v) any approvals previously obtained with respect to such Lot pursuant to the terms of this Declaration which approvals were not themselves, when granted, made expressly subject to the right to be amended or terminated in the future; and (vi) other rights appurtenant and available to any Lot, prior to the release of such portion of the Property from the provisions of this Declaration. 3.2 No Approval Needed. The exercise of Declarant's rights under Section 3.1 is not conditioned upon or subject to the approval of other Owners (except, the Owner or contract purchaser, if any, of the portion of the Additional Land being submitted) and therefore the requirements set forth in Article XIII for amendments to this Declaration shall be inapplicable to Section 3.1 of this Declaration. 3.3 Additional Restriction. Declarant may, in its reasonable discretion, from time to time execute and record one or more Supplemental Declarations for the purpose of establishing Service Areas, or for the purpose of establishing certain additional or different covenants, easements and restrictions (including without limitation a different level of assessments, as long as there is reasonable justifiable basis for the same) applicable to a specific portion of the Property then owned by Declarant or an Affiliate of Declarant and to be developed for a specific type of use. However, no negative reciprocal easement shall arise out of any such Supplemental Declaration so as to bind any portion of the Property not expressly subjected thereto. Notwithstanding any of the foregoing provisions of this Section, without the written consent of the Owner(s) of any Lot(s) adversely affected by such actions, Declarant shall not record a Supplemental Declaration that has a material adverse impact on the use of and operations conducted on the Lot in any manner related to the following (the "Protective Conditions"): (1) the use of the Lot; (ii) parking, access and other rights appurtenant to such Lot pursuant to the terms of a separate easement agreement or other instrument; (ill) easements and related rights for utilities, stormwater drainage and access for the Lot; (iv) access to and from the Lot to and from public streets; (v) any approvals previously obtained with respect to such Lot pursuant to the terms of this Declaration which approvals were not themselves, when granted, made expressly subject to the right to be amended or terminated in the future; and (vi) other rights appurtenant and available to any Lot, prior to the recordation of such Supplemental Declaration. 3.4 Application Plan. The existence of an application plan for the Property pursuant to ZMA-2016-00015, shall not be deemed to constitute a representation by Declarant that the 7 real estate shown thereon shall be developed as depicted on the application plan, and the application plan may be amended from time to time in the sole discretion of Declarant with the consent (to the extent required) of Albemarle County, Virginia, provided there is no material adverse impact on the Protective Conditions. ARTICLE IV PERMITTED USE 4.1 Permitted Uses. No portion of the Property shall be used for any purpose other than a Permitted Use and uses accessory thereto. No portion of the Property shall be used for any use that is prohibited under the Zoning Ordinance or the Proffers. 4.2 Rules and Regulations. From time to time, the Association Board may adopt Rules and Regulations to be uniformly applied to implement the objectives of this Declaration, including but not limited to rules to regulate potential problems relating to the use of the Property and the enjoyment of such Property by Members and others such as, for example but without limitation, rules governing the parking and storage of vehicles, vehicular use, operation and travel in streets, alleys and parking areas, vehicular speeds and weights, use of loading areas, trash receptacle placement, street vendors, use of sidewalks, the assignment of parking spaces within the Common Areas, storage and use of machinery, antennas, trash and trash containers, restrictions on sprinkler and irrigation systems, private irrigation wells, maintenance and removal of vegetation on the Property, and the definition of nuisances. All such Rules and Regulations and any subsequent amendments thereto shall be binding on all Members and Occupants, their guests and invitees, except where expressly provided otherwise in such Rules and Regulations. Such Rules and Regulations as adopted from time to time are herein incorporated by reference and shall be as binding as if set forth herein in full; however, in the event of a conflict between any provisions in the Rules and Regulations and this Declaration, the provisions of this Declaration shall control 4.3 SWM Ponds. The SWM Ponds are principally for use as surface and storm water management. Owners of Lots and/or Units which front on SWM Ponds shall not have any riparian rights appurtenant to their Lots or Units, and such Owners' rights with respect to the use of SWM Ponds which are Common Areas shall be no greater than the rights of any other Owners. No Owner, without the prior approval of the Declarant during the Declarant Control Period and, thereafter, without the prior approval of the Association Board, shall: construct or maintain any pier, dock or other structure in or affecting any SWM Ponds; take any water from SWM Ponds for irrigation or otherwise; dam, riprap or change the banks, contours or vegetation of SWM Ponds; cause silt, trash or debris to be released into SWM Ponds; cause chemicals, wastes or other potentially harmful substances or pollutants to be deposited or released into SWM Ponds; decrease, increase or disturb the flow of water into or out of SWM Ponds; or install or maintain any drainage ditches, pipes or other facilities to drain surface water into SWM Ponds. Any recreational use of the SWM Ponds in the Common Areas shall be only with the prior approval of the Association Board and in accordance with the Rules and Regulations; other than as aforedescribed, recreational use of the SWM Ponds is prohibited. 4.4 Home -Based Businesses. The Bylaws establish restrictions as to the time, place, and manner of the operation of home -based businesses. E 4.5 Rental of Lots. Townhomes and attached residential dwellings may not be leased for an initial term of less than thirty (30) days. Commercial lots may not be leased for an initial term of less than thirty (30) days without the prior written consent of the Association Board or as authorized by the Declarant. All leases must be in writing. Notice of any lease of a Lot, together with (i) a copy of the lease, (ii) an express agreement by the tenant that a violation of the "governing documents," meaning this Declaration with all amendments and supplements, the Bylaws, the Articles of Incorporation of the Association, and all rules and regulations is a violation of the lease, and (iii) such additional information as may be required by the Association Board pursuant to Va. Code Sec. 55-509.3:1, as amended, shall be given to the Association Board by the Owner within ten (10) days of execution of the lease. The Owner must make available to the lessee copies of the governing documents. The Association Board may adopt reasonable rules regulating leasing and subleasing and shall provide the form of the agreement that are required to be executed by the tenant in connection with the lease. This Section 4.5 shall not apply to any activity conducted by the Declarant with respect to its development and sale of the Property or its use of any Lots that it owns within the Property. ARTICLE V ARCHITECTURAL CONTROL 5.1 Architectural Review Board. (a) Appointment. Declarant shall have the right, during the Declarant Control Period, to appoint an Architectural Review Board to review and, as appropriate, approve or disapprove Plans submitted by Owners in accordance with this Article. The Architectural Review Board shall consist of three persons, at least one of whom shall have architectural or building design experience. Members of the Architectural Review Board may be employees of the Declarant or its Affiliates. After the expiration of the Declarant Control Period, the Association Board shall have the right to appoint the members of the Architectural Review Board. The members of the Architectural Review Board shall serve for such terms as Declarant or the Association Board, depending on who appoints the members, shall determine. If Declarant does not appoint an Architectural Review Board and does not cede the right of appointment to the Association Board, the duties and rights in this Declaration which are to be performed or are exercisable by the Architectural Review Board shall be performed or exercised by Declarant. (b) Authority. and Rights. The Architectural Review Board shall have the authority to adopt and revise from time to time Development Guidelines designed to implement the purpose and objectives of this Declaration. The Development Guidelines may be amended from time to time by the Architectural Review Board in its sole discretion. No provision of the Development Guidelines shall be deemed to create or imply a negative reciprocal easement or covenant in favor of any Person or as to any portion of the Property. In addition to the responsibilities provided in this Article, the Architectural Review Board shall have such other rights, authority and responsibilities as may be provided elsewhere in this Declaration or in any Supplemental Declaration. L 5.2 Plan Approval Required. No Improvement shall be constructed, erected, used, placed, altered, repainted a different color, added to, maintained or permitted to remain on the Property until the Plans therefor shall have been submitted to and approved in writing by the Architectural Review Board as provided in this Article; provided however, that these approval requirements shall not apply to Declarant or an Affiliate of Declarant with respect to (i) development of Common Areas, (ii) the installation of streets, walkways, utilities and other public facilities to serve the Property or (iii) any Improvements under construction by Declarant as of the date hereof or for which on the date hereof Declarant has submitted building plans to, or received a building permit from, the applicable Governmental Entity. 5.3 Submission of Plans. (a) Required Submissions. The Owner or his designated representative shall prepare and submit to the Architectural Review Board preliminary and final Plans as set forth below. (b) Preliminary PIans. For its preliminary submission, the Owner or his designated representative shall submit at least the following: (i) a site plan and schematic design of area proposed for immediate development which is consistent with the overall plan of development depicted on the aforementioned application plan and which shows the location of all Improvements, easements, street rights -of -way, set -back lines, walks, parking areas, off-street loading areas, driveways and outside storage areas; (ii) building elevation drawings of each building face; (iii) a description of the proposed uses; (iv) color of exterior finishes; and (v) exterior signage. (c) Final Plans. After the Architectural Review Board has approved an Owner's preliminary submission, the Owner or his designated representative shall prepare and submit to the Architectural Review Board such Owner's proposed final Plans including detailed information in writing regarding the proposed use of the Lot, copies of all applications for permits and any accompanying correspondence, site plans, erosion and sedimentation control plans and other plans to be submitted for governmental approval, three (3) full sets of final construction drawings and specifications showing or stating all aspects of the proposed development and such other information as the Architectural Review Board, in its reasonable discretion, shall require. The final construction drawings and specifications shall include, without limitation, the following: (i) location of all structures, easements, street rights -of -way, set -back lines, walks, driveways and curblines; (ii) layout and location of all parking areas (including location and dimensions of all spaces, circulation aisles, curbs and bumpers); off-street loading areas and all outside storage areas including identification and size of the material to be stored and location and dimensions of all fencing and screening; (iii) all landscaping, including location, height, spread, type and number of trees and shrubs, location and type of all ground cover and lawn material, existing trees and limits of clearing and grading and irrigation system together with plans 10 for the preservation of trees and a detailed description of the methods the Owner will employ to ensure protection of trees during construction; (iv) location, height, intensity and fixture type of all exterior lighting; (v) location, size and type of all pipes, lines, conduits and appurtenant equipment and facilities for the transmission of sanitary sewage, storm water, potable water and other utility services; (vi) location, size and type of all fencing; (vii) architectural floor plans, building elevations, wall sections and details of each building, exterior building material and color information, including samples; (viii) temporary construction sign design and permanent sign design; (ix) site coverage data and calculations, parking data and calculations, including base data for projected needs and site drainage data and calculations including finished contour lines and spot elevations; and (x) such other data as may be specified in the Development Guidelines or reasonably required by the Architectural Review Board. 5.4 Approval of Plans. (a) Standards. The Architectural Review Board shall have the right to disapprove the Plans submitted to it if. (i) the Plans are incomplete, (ii) the Plans are not in accordance with this Declaration or the Development Guidelines, (iii) the Plans do not comply with the Proffers or other applicable Laws, or (iv) the Architectural Review Board determines, in its reasonable discretion, that the Plans, or any part thereof, are contrary to the best interests of the Property and the Owners. The Architectural Review Board may base its approval or disapproval on, among other things, the architectural design concept, the adequacy of Lot dimensions, conformity and harmony of external design with neighboring Lots and types of operations and uses thereof, relation to topography, grade and finished ground elevation of the Lot being improved to that of neighboring Lots, proper facing of main elevation with respect to nearby streets, conformity to the overall plans for the development of the Project, conformity of the Plans to the purpose and general plan and intent of this Declaration and such other factors as the Architectural Review Board, in its sole discretion, deems relevant. The foregoing notwithstanding, nothing in this Declaration shall require the Architectural Review Board to approve the Plans for Improvements on a Lot on the grounds that the layout, design and/or other aspects of such Improvements are the same or substantially the same as the layout, design and other aspects of Improvements approved for another Lot or to critique the interior dimensions or interior finishes of a building. (b) Statement of Reasons for Disapproval. In any case where the Architectural Review Board shall disapprove any Plans submitted hereunder or shall approve the same only as modified or upon specified conditions, notice of such disapproval or qualified approval shall be given to the Owner submitting such Plans within thirty (30) days after the Architectural Review Board declares the submission complete by written notice to the Owner, and such notice of disapproval or qualified approval shall be accompanied by a statement of the specific reasons therefor. (c) Time for Approval. The Architectural Review Board shall not be required to review any Plans unless and until the submitted Plans contain all the items required by this Article V, and such thirty (30) day review period shall not commence until the Architectural Review Board declares the submission complete by written notice to the Owner. If the Architectural Review Board fails to approve, disapprove or request any additions or supplemental information relating to, any preliminary or final Plans within thirty (30) days after the Architectural Review Board declares the submission complete by written notice to the Owner, then such Plans shall be deemed to have been approved, but only to the extent that such Plans comply with the Development Guidelines. (d) Expiration of Approval. If work is not commenced within twelve (12) months from the date the Architectural Review Board approves the Plans for such work, then such approval shall be deemed revoked by the Architectural Review Board, unless the Architectural Review Board, in its sole discretion, extends the time for commencing work. All work covered by such approval shall be completed within two years after the commencement thereof, except for such period of time as such completion is rendered impossible or would result in great hardship due to strikes, fires, national emergencies, critical materials shortages, or other intervening forces beyond the control of the Owner, lessee, licensee or Occupant or its agent, unless the Architectural Review Board, in the exercise of commercially reasonable discretion, extends the time for completion. For the purposes of this Declaration, work on an Improvement shall be deemed to have "commenced" when the Improvement site has been graded and, in the case of Buildings, footings or foundations have been poured or otherwise installed. Notwithstanding the foregoing to the extent construction is delayed as a result of matters of "force ma.eure" or due to an owner's default under a construction loan (which results in a stoppage of funding) then in such event extensions of time for completion of construction will be granted upon request. (e) Limitation of Liability. The approval by the Architectural Review Board of any Plans, and any requirement by the Architectural Review Board that the Plans be modified, shall not constitute a warranty or representation by the Architectural Review Board of the adequacy, technical sufficiency or safety of the Improvements described in such Plans, as the same may be modified, and the Architectural Review Board shall have no liability whatsoever for the failure of the Plans or the Improvements to comply with applicable Laws or to comply with sound engineering, architectural or construction practices. In addition, in no event shall Declarant or the Architectural Review Board or its members or any agent of either of the foregoing have any liability whatsoever to an Owner, a contractor or any other Person for any costs or damages (consequential or otherwise) that may be incurred or suffered on account of the Architectural Review Board's approval, disapproval or conditional approval of any Plans or the granting of any variance or for any defects in any work performed according to any approved Plans. 12 (f) Costs. If the Architectural Review Board has the Plans reviewed by an architect or other design professional (including, without limitation, a member of the Architectural Review Board who is an architect or other design professional), then the Owner submitting such Plans for approval shall pay the reasonable costs actually incurred by the Architectural Review Board in the exercise of its commercially reasonable discretion in obtaining such professional review. 5.5 Compliance with Plans. After approval by the Architectural Review Board of the Plans for an Improvement, such Improvement shall be constructed, erected, maintained, altered and/or enlarged substantially in accordance with the approved Plans. No construction or use that is materially inconsistent with, in addition to, or different from the approved Plans shall be commenced or permitted until Plans reflecting such change or addition have been submitted to and approved by the Architectural Review Board in accordance with this Article. 5.6 Liability for Violation. In addition to other remedies provided for pursuant to Article XII of this Declaration, any Person violating any provisions of this Article shall be liable for all costs incurred by the Declarant or the Architectural Review Board or any other Person who seeks to enjoin or otherwise remedy such violations, including, but not limited to, reasonable and actual attorney's fees and court costs. ARTICLE VI COMMON AREAS, COMMON IMPROVEMENTS, AND STORMWATER DRAINAGE SYSTEM 6.1 Upkeep. (a) Declarant shall initially be responsible for the Upkeep of the Common Areas (except for those portions of the Common Areas, if any, that are specifically made the responsibility of an Owner by this Declaration, by a Supplemental Declaration or other recorded instrument or are accepted for dedication and maintenance by the appropriate Governmental Entity) and shall keep the same in good, clean, and attractive condition, order and repair. After such time as Declarant has completed the installation and/or construction of the Common Improvements and conveyed such Common Area to the Association or transferred (in the case of an easement area) responsibility for the Upkeep of such Common Area to the Association, the Association shall be responsible for the Upkeep of the Common Areas (except for those portions of the Common Improvements, if any, that are specifically made the responsibility of an Owner or are accepted for dedication and maintenance by the appropriate Governmental Entity) and shall keep the same in good, clean and attractive condition, order and repair. (b) Declarant shall initially be responsible for the Upkeep of the Stormwater Drainage System (except for those portions of the Stormwater Drainage System, if any, that are specifically made the responsibility of an Owner or are accepted for dedication and maintenance by the appropriate Governmental Entity) and shall keep the same in good, clean, and attractive condition, order and repair. After such time as Declarant has completed the installation and/or construction of the Stormwater Drainage System and transferred responsibility for the Upkeep of 13 the Stormwater Drainage System to the Association, the Association shall be responsible for the Upkeep of the Stormwater Drainage System (except for those portions of the Stormwater Drainage System, if any, that are specifically made the responsibility of an Owner in a Supplemental Declaration or other recorded instrument or are accepted for dedication and maintenance by the appropriate Governmental Entity) and shall keep the same in good, clean and attractive condition, order and repair. 6.2 Owners' Rights of Enjoyment. Subject to the provisions of this Declaration and any Rules and Regulations, every Owner shall have a right of enjoyment in and to the Common Areas for their intended purposes, which right shall be appurtenant to and shall pass with the title to every Lot. Such right shall include, without limitation, an easement for ingress and egress across those portions of the Common Areas constituting roadways, drive aisles and alleyways, including any Common Areas designated on any recorded subdivision plat as access easement areas. 6.3 Limitations on Owners' Rights. The rights of enjoyment of the Owners in the Common Areas shall be subject to the following: (a) the right of Declarant or the Association Board to establish reasonable Rules and Regulations for the use of the Common Areas; (b) the right of Declarant or the Association Board, following notice to the delinquent Owner, to suspend the right of an Owner (but not a Mortgagee or a Person acquiring title to such Lot from a Mortgagee at foreclosure or by deed in lieu of foreclosure) to use or benefit from any of the Common Areas, except for the Stormwater Drainage System and roadways, for any period during which such Owner has failed to pay when due any Assessment payable by such Owner under this Declaration; (c) the right of Declarant or the Association Board, following notice to the delinquent or violating Owner, to suspend the right of an Owner (but not a Mortgagee or a Person acquiring title to such Lot from a Mortgagee at foreclosure or by deed in lieu of foreclosure) to use or benefit from any of the Common Areas, except for the Stormwater Drainage System and roadways, for any period during which any other violation by the Owner of this Declaration or the Rules and Regulations remains uncorrected after the last day of the period established for correction by Declarant or the Association (such period to be stated in a notice to the Owner together with a statement of the violation complained of and the required manner of its correction); (d) the right of the Declarant and the Association to grant or assign Utility Easements or other easements across the Common Areas; (e) the right of Declarant or the Association to dedicate, transfer or grant easements to all or any part of the Common Areas and/or the Common Improvements to any Governmental Entity or public utility for such purposes and subject to such conditions as may be desired by Declarant or the Association; and 14 (f) all of the other easements, covenants and restrictions provided for in this Declaration or in any Supplemental Declaration and applicable to the Common Areas. 6.4 Delegation of Use. Any Owner may delegate its right of enjoyment to the Common Area to any other Occupants of its Lot and to its customers, invitees or guests, subject to the terms of this Declaration and any Rules and Regulations as may be established from time to time. 6.5 Damage or Destruction by Owner. If any Common Area, any portion of the Stormwater Drainage System, or any other real or personal property owned by the Association or for which the Association is responsible for Upkeep is damaged or destroyed by an Owner or an Occupant of a Lot, or by their tenants, guests, licensees or agents, and the Owner of the Lot does not commence to repair such damage within fifteen (15) days after its occurrence in a good and workmanlike manner and restore such Common Area, Stormwater Drainage System, or other real or personal property to its existing state preceding such damage or destruction, then Declarant or the Association may repair such damage at the Owner's expense. Except to the extent covered by insurance proceeds, the cost of such repairs shall become a Special Assessment upon the Lot of such Owner and shall constitute a lien upon such Owner's Lot effective as of the date it is filed and be collectible in the same manner as other Assessments set forth herein. 6.6 Rights in Common Areas Reserved by Declarant. Until such time as Declarant conveys a Common Area to the Association or transfers (in the case of easement areas) responsibility for such easement area to the Association, Declarant shall have the right, but not the obligation, as to that Common Area or easement area: (i) to construct such Common Improvements thereon as it deems appropriate for the common use and enjoyment of Owners, and Declarant shall maintain such Common Area or easement area in neat and clean condition and repair; and (ii) to use the Common Area or easement area for other purposes not inconsistent with the provisions of this Declaration (including, without limitation, for a marketing or sales office or construction control center). 6.7 Title to or Transfer of Responsibility for Certain Common Areas and the Stormwater Drainage System. (a) Declarant shall convey each Common Area to the Association, free and clear of all liens but subject to this Declaration and all other easements, conditions and restrictions of record and Declarant may convey such Common Areas to the Association at any time after the Common Improvements, if any, thereon are completed. The Association shall be liable from the date the Common Area is conveyed to the Association for payment of insurance, maintenance and other costs of Upkeep with respect thereto. (b) Declarant shall transfer responsibility for the Stormwater Drainage System to the Association, free and clear of all liens but subject to this Declaration and all other easements, conditions and restrictions of record and Declarant may convey the Stormwater Drainage System to the Association at any time after the Stormwater Drainage System is completed and becomes operational. The Association shall be liable from the date of transfer of 15 responsibility for the Stormwater Drainage System to the Association for payment of insurance, maintenance and other costs of Upkeep with respect thereto. 6.8. Exclusive Common Area. (a) Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of Owners, occupants and invitees of Lots within a Service Area as well as the Declarant and the Association. By way of illustration and not limitation, Exclusive Common Areas may include signage, landscaping, plazas, promenades, parking areas, and other portions of the Common Area within a particular Service Area. All costs associated with maintenance, repair, replacement, and insurance of Exclusive Common Areas shall be assessed as a Service Area Assessment against the Owners of Units to which the Exclusive Common Area is assigned. (b) Initially, Declarant shall designate any Exclusive Common Area as such and shall assign the exclusive use thereof in the deed conveying the Common Area to the Association or on the plat of survey relating to such Exclusive Common Area; provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Lots and/or Service Areas, so long as Declarant has a right to subject additional property to this Declaration. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area of a particular Service Area upon the vote of two-thirds (2/3) of the votes cast by the Class "A" Members and with the consent of the Class B Member. An Exclusive Common Area may be reassigned upon the vote of two-thirds (2/3) of the votes cast by the Class "A" Members within the Service Area(s) to which the Exclusive Common Areas are assigned and within the Service Area(s) to which the Exclusive Common Areas are to be assigned and with the consent of the Class B Member. (c) The Association shall, if provided for by Declarant in the deed conveying title to such area to the Association, and the Association may, upon approval of a majority of the Class "A" votes allocated to the Lots to which certain Exclusive Common Areas are assigned and the approval of the Class B Member, permit Owners of other Lots to use all or a portion of such Exclusive Common Areas upon payment of user fees, which fees shall be used to offset the Service Area Expenses attributable to such Exclusive Common Areas. (d) Exclusive Common Areas shall be designated as Service Areas for the purpose of receiving from the Association a higher level of services, special services or other benefits not provided to all lots within the Property. Service Areas may be designated by Declarant through Supplemental Declarations filed in accordance with Article III of this Declaration, or may be established by the Board of Directors either (i) on the Board's own accord, or (ii) upon petition of the Owners of at least seventy-five percent (75%) of the Lots to be included in the proposed Service Area. A Lot may be included in multiple Service Areas established for different purposes. The cost of any special services or benefits which the Association provides to a Service Area shall be assessed against the Lots within such Service Area as a Service Area Assessment in accordance with Section 9.4. Any Service Area established by the Board upon petition of the Owners within such Service Area may be dissolved or its boundary lines changed upon written consent of the Owners of at least seventy-five percent (75%) of the Lots within such Service Area. Any Service Area established by Supplemental 16 Declaration may be dissolved or its boundary lines changed only in accordance with the provisions of such Supplemental Declaration and, during the Declarant Control Period, with the consent of Declarant. ARTICLE VII ADDITIONAL COVENANTS 7.1 Maintenance and Upkeep. Each Owner shall, at all times, keep all Improvements on its Lot other than Common Improvements in a neat, clean, safe and first-class condition and state of repair, properly maintained and adequately painted or otherwise finished, clean and safe, and in accordance with all applicable Laws. All asphalt or concrete paved surfaces, if any, shall be resurfaced or sealed as needed and all potholes shall be promptly repaired. All porous concrete pavers shall be properly vacuumed and maintained; the Association shall be responsible for maintenance of the concrete pavers on all portions of the Property except Lot 4 (unless otherwise agreed to between the Association and the owners of such lot). All grass pavers shall be properly maintained; the Association shall be responsible for maintenance of all grass pavers on the Property. The Lot 5 owner shall be responsible for the maintenance of the permeable asphalt and grass pavers on its lot unless otherwise agreed between the Association and the Lot 5 owner. Unimproved Lots shall be maintained in a reasonably neat condition, free of debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot, except in approved waste containers in screened areas in locations at the rear or sides of Improvements and as shown on the Plans approved by the Architectural Review Board. 7.2 Landscape Maintenance. Except for landscaping on Lot 4, which shall be the responsibility of the owner of such lot, all landscaping on each Lot, including landscaping located within any easements reserved by Declarant for such purpose and landscaping that is part of a Common Improvement, shall be properly maintained by the Association (except to the extent maintenance of such landscaping is specifically made the responsibility of an Owner in a Supplemental Declaration or other recorded instrument), which maintenance shall include all necessary cutting, watering, fertilizing, aerating, spraying, pruning and required replacements. Dead or damaged planting material shall be promptly replaced. Each Owner shall be responsible for proper drainage from its Lot. 7.3 Compliance; Environmental Protection. (a) Compliance. Each Owner shall comply with all Laws applicable to such Owner's Lot and the Improvements thereon. (b) Environmental Compliance. In addition to and without limiting the terms of the previous paragraph, Owners and Occupants shall comply with all Laws relating to the discharge, storage and disposal of all hazardous or toxic wastes and substances, petroleum, petroleum by products, and other environmental contaminants (as any of the foregoing may now or in the future be defined by any Governmental Entity) on, at or from such Owner or Occupant's Lot or otherwise relating to environmental protection. 17 (c) Inspections. Declarant, on behalf of itself, its agents and the Association, reserves the perpetual right, privilege and easement to enter any part of the Property for the purpose of gathering environmental information during reasonable hours and, subject to reasonable security requirements, to determine the quality of the soil, ground water, storm water and any emissions or discharges from the Property. (d) Clean-up; Indemnification. By accepting a deed to a Lot, each Owner hereby agrees (i) to clean up and remove or contain (but only if permitted by Law), in accordance with and to the extent required by any and all applicable Laws, any hazardous or toxic substances or wastes or other environmental contaminants on or under such Owner's Lot as a result of such Owner's activities or the activities of such Owner's tenants, guests and invitees, and (ii) to indemnify, defend and hold harmless Declarant, any Affiliate of Declarant, the Association, their agents and each of the other Owners from and against any and all foreseeable and unforeseeable claim, loss, damage, cost or expense (including, without limitation fines, clean-up costs, costs of relocating tenants, employees and agents, restoration costs, loss of income and reasonable and actual attorneys' fees) incurred or suffered by the indemnified party as a result of any hazardous or toxic waste or substance or other environmental contaminant being located on or under the indemnifying party's Lot as a result of such Owner's activities or the activities of such Owner's tenants, guests and invitees. 7.4 Damage and Destruction. If any Improvements shall be damaged or destroyed by fire or other hazards, then the Owner of such Improvements shall either (i) rebuild such Improvements as promptly as reasonably possible but in any event shall commence rebuilding within six (6) months of the date such damage or destruction occurred (with the plans for such repair being subject to approval of the Architectural Review Board), or (ii) demolish and raze the damaged Improvements, remove the slab, if any, fill in all excavations, plant grass and perform such other work as may be necessary to leave the area on which such damaged Improvements were located in a clean, sightly and safe condition. Notwithstanding the foregoing, if insurance proceeds are not available for reconstruction due to protracted negotiations with insurance companies or as a result of an underlying lender having commenced foreclosure proceedings, then the Architectural Review Board will consider request for extension of the aforedescribed six (6) month period as long as arrangements are made to make the site safe and prevent it from being unsightly. 7.5 Rezoning or Amendment of Proffers. No Owner or contract purchaser of any Lot shall apply for rezoning, change of proffers, special use permit or special exception for any part of the Property without the prior written consent of Declarant (during the Declarant Control Period), whicli consent may be granted or withheld in its sole discretion for any reason or for no reason. 7.6 Nuisances. Notwithstanding approval from any Governmental Entity or the fact that the use in question is a Permitted Use, no use or operation will be permitted which creates objectionable noise, smoke, odors or which in any other way, in the opinion of the Architectural Review Board or Association Board, will constitute a nuisance or degrade the value of the Property 18 ARTICLE VIII ADMINISTRATION 8.1 Authority. This Declaration shall be administered by the Association Board and by any managing agent for the Property. 8.2 Property Owners Association. Declarant shall establish a property owners association which shall be a non -stock corporation incorporated in the Commonwealth of Virginia for the purposes set forth herein. The Association will be governed by the Association Board pursuant to this Declaration, the Articles of Incorporation of the Association, the Bylaws of the Association, and the Rules and Regulations, if any, adopted by the Association Board with respect to the use and enjoyment of the Common Areas. 8.3 Owners as Members. Every Owner including Declarant shall be a Member of the Association. Membership shall not be separated from ownership of any Lot. Upon the recordation in the Clerk's Office of a deed to a Lot, the membership of the selling Owner shall cease, and the purchasing Owner shall become a member of the Association. 8.4 Membership and Voting Rights. Declarant and every Owner, for so long as it owns a Parcel, will be a Member of the Association; and any Person owning more than one Lot will have a membership in the Association with respect to each Lot owned. In the event that a Lot is owned by more than one Person, voting and use rights applicable to the Lot will be as provided in this Declaration. The rights and privileges of a membership may be exercised by the Owner. The Association will have two (2) classes of membership: Class "A" and Class "B," as follows: Class "A." The Class "A" Members will be the Owners of Lots other than Declarant, for so long as Declarant is the Class "B" Member. Class "A" Members will be entitled to the number of votes set forth on Exhibit C hereto. Where a Lot is owned by more than one Person, the vote with respect to such Lot will be exercised as determined by the Owners of such Lot as certified in writing to the Secretary of the Association prior to any vote; and in the absence of such certification, the vote of such Lot will be suspended if more than one person seeks to exercise such voting rights. Class `B." The Class "B" Member will be the Declarant, and any single successor or assignee of Declarant which is designated as such in a recorded instrument executed by Declarant. The Class "B" Member will have and cast one vote, plus three (3) votes for each vote which may be cast by the Class "A" Members, in all Association matters. For so long as Declarant's Class B membership exists and to the extent not otherwise provided by applicable Laws, this Declaration or the Association's Bylaws or Articles of Incorporation (as they may be amended and restated), the vote of the Class B Member shall be required for any vote of the membership to pass. The Class B membership shall terminate on the earliest of the following: (i) the date on which Declarant ceases to own thirty percent (30%) or more, by acreage, of the Property or thirty percent (30%) or more, by square footage, of the Improvements constructed on Lots on the Property; 19 (ii) the date on which Declarant executes and records in the Clerk's Office an amendment to this Declaration terminating the Class B membership (which amendment shall not require the consent of any other Owners); or (iii) December 31, 2031. Upon termination of the Class B membership, the Class "B" Member shall become a Class "A" Member with respect to any Lots owned by such Member. 8.5 Board of Directors. The Association Board shall consist of at least three (3) but no more than five (5) Directors unless otherwise provided in the Bylaws of the Association. Notwithstanding the voting rights set forth in Section 8.4, during the period of Declarant's Class "B" membership, the Declarant shall be entitled to appoint all of the members of the Association Board. Any vacancy in the Association Board created by the death, resignation or removal of a director shall be filled by a person appointed by the Declarant if such vacancy occurs during the period of Declarant's Class "B" membership or by the remaining directors if the vacancy occurs after the period of Declarant's Class "B" membership. 8.6 Sanctions. The Association Board may suspend the voting rights of any Member that is subject to any Assessment under this Declaration during any period in which any such Assessment shall be past due; provided, however, that upon payment of such Assessment the voting rights of such Member shall automatically be restored prospectively but not retroactively. The Association Board may, as a Special Assessment, assess charges against any Owner for any violation of this Declaration or the Rules and Regulations by the Owner or any Occupant of the Owner's Lot, provided that the Owner shall be given an opportunity to be heard and to be represented by counsel before the Association Board. Notice of the hearing, including the charges or other sanctions that may be imposed, shall be given in the manner notices are given to Owners under the Bylaws of the Association at least fourteen (14) days before the hearing. 8.7 Articles and Bylaws to Govern. Except to the extent expressly provided in this Declaration, all of the rights, powers and duties of the Association and the Members, including the Member's voting rights, shall be governed by the Articles of Incorporation and the Bylaws of the Association. However, in the event of any conflict or inconsistency between the provisions of this Declaration and the provisions of such Articles of Incorporation or Bylaws, this Declaration shall control. 8.8 Dissolution of the Association. The Association may be dissolved at a duly held meeting at which a quorum is present upon the affirmative vote, in person or by proxy, of more than seventy-five percent (75%) of the votes cast by the Class "A" members and the Class "B" Member (if existing), Mortgagees holding at least sixty-seven percent (67%) of the outstanding indebtedness secured by the Lots and the consent of the County of Albemarle, Virginia, if required by applicable Laws. Prior to dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be offered for dedication to the locality in which they are situated. In the event that such locality refuses to accept such dedication upon dissolution, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to similar purposes. A 20 technical termination of the Association for failure to pay annual corporate assessments to the Virginia State Corporation Commission shall not trigger the dissolution of the Association and the provisions of this Section. ARTICLE IX ASSESSMENTS 9.1 Covenant for Assessments. Declarant covenants and each Owner by acceptance of a deed to any portion of the Property (other than Exempt Property) is deemed to covenant and agree to pay, as applicable, General Assessments, Special Assessments and Service Area Assessments as provided in this Declaration and in the Bylaws. 9.2 General Assessments: Reserves. (a) General Assessments shall be assessed annually and shall be paid annually or in more frequent intervals as shall be specified by the Association Board. General Assessments shall be assessed to cover the anticipated annual cost of managing, operating, and providing for the Upkeep of the Common Areas; carrying out the duties of the Association under this Declaration; payment of taxes and other levies against the Common Areas; procurement of insurance; establishment of reasonable reserves for the Association's duties under this Declaration; and for such other purposes as may be authorized by or pursuant to the Articles of Incorporation or Bylaws of the Association. Until the Association is formed, Declarant shall adopt an annual budget for each fiscal year, which budget shall provide for the annual level of General Assessments (including provision for reserves and physical damage insurance deductibles). Written notice of the General Assessments and due dates shall be sent to every Owner subject thereto. General Assessments shall be established and increased or decreased from time to time by the Association Board pursuant to the Bylaws. (b) Reserves. The Association Board shall conduct at least once every five (5) years a study to determine the necessity and amount of reserves required to repair, replace, and restore the Common Improvements; review the results of the study at least annually to determine if reserves are sufficient; and make any adjustments the Association Board deems necessary to maintain reserves. To the extent that the reserve study conducted in accordance with this subsection 9.2(b) indicates a need to budget for reserves, the Association budget shall include, without limitation, (i) the current estimated replacement cost, estimated remaining life, and estimated useful life of the Common Improvements; (ii) at the beginning of each fiscal year for which the budget is prepared, the current amount of accumulated cash reserves set aside to repair, replace, or restore Common Improvements and the amount of expected contribution to the reserve fund for that year; and (iii) a general statement describing the procedures used for the estimation and accumulation of cash reserves and the extent to which the Association is funding its reserve obligations consistent with the study currently in effect. To the extent that the reserve study conducted in accordance with this subsection 9.2(b) indicates a need to budget for reserves, in accordance with its budget, the Association shall build up and maintain reasonable reserves for working capital, contingencies and replacements. Such funds shall be funded through General Assessments and shall be deposited and invested by the Association Board. Not less than seventy-five percent (75%) of such funds shall be deposited with one or more financial institutions, the accounts of which are insured by an agency of the United States of America or, in the discretion of the Association Board, be invested in obligations of, or frilly guaranteed as to principal by; the United States of America. Reserves for items serving only certain Lots in a 21 Service Area shall be accounted for and funded solely by Owners of the Lots served as a Service Area Assessment. As to each separate reserve account: (1) Extraordinary expenditures not originally included in the annual budget, which may become necessary during the year, shall be charged first against the appropriate reserves. Except for expenses for normal Upkeep shown in the annual operating budget, all expenses for repair and replacement of physical assets maintained by the Association shall be charged first against the appropriate reserves. Unless otherwise determined by the Members, the amount held as reserves shall not substantially exceed the amount reasonably required to assure the Association's ability to replace components as they reach the end of their useful lives. (2) If regular annual Upkeep extends the useful life of components so that reserves are excessive, the reserves shall be adjusted by reallocation to other budget items or by a refund to each Owner (including the Declarant) in proportion to the percentage (if any) of Assessments paid by such Owner during the last complete fiscal year. (3) If the reserves are inadequate to meet actual expenditures for any reason (including non-payment of Members' Assessments), then the Members shall, in accordance with Subsection 9.3 below, levy a Special Assessment. 9.3 Special Assessments. In addition to the General Assessments, the Association Board may levy Special Assessments as provided in this Section 9.3. The Association Board may levy a periodic Special Assessment if the purpose in doing so is found by the Association Board to be in the best interest of the Association and the proceeds of such assessment are used primarily for the management, operation, and Upkeep, including capital expenditures, of the Common Area (until such time, if ever, as all or any portion of the Common Area is dedicated and accepted for maintenance by a Government Entity). If any Special Assessment is in an amount greater than the General Assessment for the same year, then no such Special Assessment shall be levied without the approval of a majority of the votes, in person or by proxy, cast by the Class "A" members and the Class "B" Member (if existing) at a meeting duly called for such purpose; otherwise, such Special Assessment may be established by the Association Board without a vote of the Members. The foregoing notwithstanding, any Special Assessment may be rescinded by a majority of the votes, in person or by proxy, cast by the Class "A" members and the Class "B" Member (if existing) who are voting in person at a meeting duly called for such purpose, convened in accordance with the Bylaws within sixty (60) days after receipt of the notice of such assessment. Written notice of Special Assessments and due dates shall be sent to each Owner. The amount of any Special Assessment, or the limit on Special Assessments, established by this Section shall not apply to any charge, fee, penalty; or other sum which may be levied on or due and payable by any Owner or Occupant under any other provision of this Declaration, even if such charge, fee, penalty or other sum is termed a Special Assessment. 9.4 Service Area Assessments. Service Area Assessments shall be assessed annually and shall be paid annually or in more frequent intervals as shall be specified by the Association Board. Service Area Assessments shall be assessed to cover the anticipated annual cost of managing, operating, and providing for the Upkeep of the Service Areas and carrying out the duties of the Association under this Declaration or any Supplemental Declaration with respect to the Service Areas; establishment of reasonable reserves for the Association's duties under this 22 Declaration or any Supplemental Declaration with respect to such Service Areas; and for such other purposes as may be authorized by or pursuant to the Articles of Incorporation or Bylaws of the Association. Service Area Assessments shall be established and increased or decreased from time to time by the Association Board pursuant to the Bylaws. 9.5 Apportionment. (a) Assessments will be allocated and assessed by the Association among the Lots as set forth on EXHIBIT D and EXHIBIT D-1 attached hereto. (b) Notwithstanding the provisions of this Article IX, the Association Board shall have the authority to change the manner in which any Assessments are calculated and allocated and/or to amend EXHIBIT D and EXHIBIT D-1 if, in the reasonable judgment of the Association Board, such change is necessary to fairly and equitably apportion the responsibility for the payment of such Assessments. 9.6 Liability for Assessments. The Assessments and other charges provided in this Declaration, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lots and Improvements thereon and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with late charges, interest, costs and reasonable and actual attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time when the Assessment fell due. No Owner may waive or otherwise avoid liability for the payment of the Assessments provided for herein by non-use of the Common Area or abandonment of its Lot. Notwithstanding the foregoing, the partners, officers, directors, employees or shareholders of an Owner which is an entity will have no personal liability for the Assessment obligations of the entity Owner. 9.7 Remedies in Event of Default. If any Owner fails to pay an Assessment when due and payable, the Assessment shall be subject to a late charge in the amount of five percent (5%) of the delinquent Assessment and shall bear interest from the due date at the rate equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the rate equal to the "Prime Rate" as published in The Wall Street Journal plus five percent (5%), but in no event greater than the highest rate allowed by law. If an Assessment is not paid by the due date, it shall become delinquent and the Association may thereafter send a notice of such delinquency to the Owner, in conformity with the provisions of Section 14.3, stating that if the delinquent Assessment is not paid in full within thirty (30) days after the date of such notice the Association may thereafter file a written notice of such delinquency (the "Lien Notice") in the Clerk's Office to evidence the lien upon the Lot against which such Assessment was made. Such Lien Notice, setting forth the amount of such unpaid Assessment, the name of the Owner of the Lot and the legal description of the Lot shall be signed by an officer of the Association and shall be recorded in the Clerk's Office. Subject to the provisions of Sections 9.9 and 9.10, the Association may foreclose the lien for the Assessments provided for in this Declaration by a bill in equity in the same manner as provided for the foreclosure of mortgages, vendor's liens and liens of similar nature. The Association may also secure and collect Assessments by any other means permitted by Laws. In addition, either in the first instance or for deficiency following foreclosure, the Association may bring an action at law to collect such indebtedness against the Owner personally obligated to pay 23 the same. Interest, late charges, costs and reasonable and actual attorneys' fees of any such action, including the cost of filing the Lien Notice, shall be added to the amount of the Assessments due and shall be secured by the Assessment lien. Each Owner waives the benefit of the Homestead Exemption Act as to any Assessment. 9.8 Subordination of Lien to Mortgages. Notwithstanding any provision hereof to the contrary, and subject to Va. Code Sec. 55-516, as it may be amended, the lien upon each of the Lots securing the payment of the Assessments shall be prior to all other subsequent liens and encumbrances except (i) real estate tax liens on such Lots, (ii) liens and encumbrances including Mortgage liens recorded prior to this Declaration, and (iii) sums unpaid on and owing under any Mortgage, whether or not such sums are advanced before or after the filing of the Lien Notice as to such Assessments. The sale or transfer of any Lot pursuant to foreclosure of a Mortgage or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments 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. 9.9 Non -disturbance and Attornment. (a) In the event the Association forecloses on any portion of the Property to enforce its lien(s) as provided in Section 9.8 above, with respect to any bona fide written lease (the "Lease") of all or any portion of such foreclosed property, provided the tenant under the Lease (the "Tenant") attorns to the Purchaser (as defined below), the Lease shall not be terminated, nor shall the Tenant's use, possession, or enjoyment of the leased premises be interfered with, nor shall the leasehold estate be affected in any other manner, in any foreclosure or any action or proceeding instituted under or in connection with this Declaration or in the case the Association takes possession of the leased premises pursuant to any provisions of the Declaration. Any foreclosure action or proceeding so instituted shall be expressly subject to the Lease. (b) If the interest of the landlord under the Lease (the "Landlord") shall be transferred by reason of foreclosure or other proceedings for enforcement of this Declaration, the Tenant shall be bound to the person or entity acquiring the interest of Landlord as a result of any such action or proceeding as described in subparagraph (a) above (the "Purchaser"), and the Purchaser shall be bound to Tenant under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be affected in accordance with any option therefor in the Lease, with same force and effect as if the Purchaser were the Landlord under the Lease, and attornment to be effective and self - operative without the execution of any further instruments, upon Purchaser succeeding to the interest of Landlord under the Lease. Subject to the provisions of subparagraph (a) above, the respective rights and obligations of Tenant and Purchaser upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extensions and renewals, shall be and are the same as set forth in the Lease. 9.10 Exempt Property. The following property shall be exempt from the Assessments and liens created herein: (1) Property so long as the same is owned by the Declarant except for any Lot owned by the Declarant on which a Building has been constructed, in which case the Assessments shall commence on the first day of the month following the date on which the 24 applicable Governmental Entity issues a certificate of occupancy (temporary or permanent) for the Building; (ii) all properties dedicated to and accepted for maintenance by a Governmental Entity; and (iii) all Common Areas. Collectively, the property referred to in clauses (i), (ii) and (iii) of the preceding sentence shall constitute the "Exempt Property." 9.11 Date of Commencement of General Assessments, Special Assessments and Service Area Assessments. (a) For those Lots for which a Building has been completed and a certificate of occupancy (temporary or permanent) has been issued by the appropriate Governmental Entity, the full amount of the Assessments shall commence to be due and owing as to such Lot immediately upon transfer of title to such Lot. (b) For those Lots for which Plans have been approved by the Declarant or Architectural Review Board, as required, as of the date of recordation of the deed to such Lot from Declarant to the Owner who purchases the same, but upon which a Building has not been completed and a certificate of occupancy (temporary or permanent) has not yet been issued by the appropriate Governmental Entity, unless otherwise provided in a Supplemental Declaration or other instrument executed by the Declarant and recorded in the Clerk's Office, the Owner of such Lot shall pay a partial General Assessment, Special Assessment and/or Service Area Assessment, as applicable to the Lot and as herein provided, until the commencement of the full amount of the Assessments as herein provided. The partial Assessments shall be equal to twenty-five (25) percent of the full amount of the Assessments calculated as provided in Section 9.2, 9.3 and 9.4 above and shall commence as to such Lot on the date of recordation of the deed conveying such Lot from Declarant to the Owner who purchases the same. Unless otherwise provided in a Supplemental Declaration or other instrument executed by the Declarant and recorded in the Clerk's Office, the full amount of the Assessments shall commence to be due and owing as to such Lot on the first to occur of (i) one (1) year after the conveyance of the Lot from Declarant to the Owner who purchases same or (ii) the first day of the month following the date on which the applicable Governmental Entity issues a certificate of occupancy (temporary or permanent) for a Building constructed on the Lot. The first full Assessments due and owing with respect to a Lot shall be adjusted according to the number of days remaining in the calendar year. ARTICLE X INSURANCE AND CASUALTY LOSSES 10.1. Association Insurance. (a) Rewired Coverage. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (1) Blanket property insurance covering "risks of direct physical loss" on a "special form" basis (or comparable coverage by whatever name denominated) for all insurable improvements on the Common Area, if any, to the extent that it has assumed responsibility for 25 maintenance, repair and/or replacement in the event of a casualty. The Association shall have the authority to and interest in insuring any privately or publicly owned property for which the Association has maintenance or repair responsibility. Such property shall include, by way of illustration and not limitation, any insurable improvements on or related to parks, rights -of -way, medians, easements, and walkways which the Association is obligated to maintain. If such coverage is not generally available at reasonable cost, then "broad form" coverage may be substituted. All property insurance policies obtained by the Association shall have policy limits sufficient to cover the full replacement cost of the insured improvements; (2) Commercial general liability insurance on the Common Area, insuring the Association, the Declarant and the other Members for damage or injury caused by the negligence of the Declarant, the Association, or any of its Members, employees, agents, or contractors while acting on its behalf. If generally available at reasonable cost, the commercial general liability coverage (including both primary and umbrella policies) shall have a limit of at least FIVE MILLION DOLLARS ($5,000,000.00) per occurrence with respect to bodily injury, personal injury and property damage; provided, should additional coverage and higher limits be available at reasonable cost which a reasonably prudent person would obtain, the Association shall obtain such additional coverage or limits; (3) Workers compensation insurance and employers liability insurance; (4) Directors and officers liability coverage; (5) Fidelity bond or employee dishonesty insurance covering all Person responsible for handling Association funds in an amount determined in the Board's business judgment but no less than the lesser of One Million Dollars ($1,000,000.00) or the amount of the reserve balances of the Association plus one-fourth of the aggregate annual assessment income of the Association. The minimum coverage amount shall be $10,000.00. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and (6) Such additional insurance as the Board, in its best business judgment, determines advisable. (b) Anytime a Service Area is created, unless otherwise provided in the Supplemental Declaration creating such Service Area, if applicable, all Owners within such Service Area shall name the Association as an additional insured under any casualty policy of insurance which provides coverage for any property for which the Association is responsible. In addition, the Association may obtain additional insurance at the expense of the Owners within the Service Area if it feels the coverage otherwise maintained is insufficient. (c) Premium for all insurance on the Common Area shall be included in the General Assessment, except that (1) premiums for property insurance obtained on behalf of a Service Area shall be charged to the Owners or lots within the benefited Service Area as a Service Area Assessment; and (ii) premiums for insurance on Exclusive Common Areas may be 26 included in the Service Area Assessment of the Service Area(s) benefited unless the Board of Directors reasonably determines that other treatment of the premiums is more appropriate. 10.2. Policy Requirements. The Association shall arrange for an annual review of the sufficiency of insurance coverage by one (1) or more qualified Persons, at least one (1) of whom must be familiar with insurable replacement costs in the Richmond, Virginia metropolitan area. (a) All Association policies shall provide for a certificate of insurance to be furnished to each Member insured upon their request and to the Association. (b) The policies must contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 10.1(a). In the event of an insured loss, the deductible shall be treated as an expense includable in the General Assessment or Service Area Assessment in the same manner as the premiums for the applicable insurance coverage. However, if the loss is a result of the negligence or willful misconduct of one (1) or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Lots. (c) All insurance coverage obtained by the Board shall: (1) Be written with a company whose primary business is providing insurance coverage and which is authorized to conduct business in the Commonwealth of Virginia and which satisfies such minimum size and financial strength standards as the Board in the exercise of its best business judgment, deems appropriate; (2) Be written in the name of the Association as trustee for the benefited parties. Policies on the Common Areas shall be for the benefit of the Declarant, the Association and its Members. Policies secured on behalf of a Service Area shall be for the benefit of the Owners of Lots within the Service Area and their Mortgagees, as their interests may appear; (3) Not be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees; and (4) Include an agreed amount endorsement, if the policy contained a co- insurance clause. (d) In addition, the Board may secure insurance policies which provide: (1) A waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, the Owners and their tenants, employees, agents and invitees, and the Declarant, its managers, employees and agents; paying cash; (2) A waiver of the insurer's rights to repair and reconstruct instead of 27 (3) An endorsement precluding cancellation, invalidation, suspension, or non -renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; (4) An endorsement precluding Owners' individual policies from consideration under any "other insurance" clause; (5) An endorsement requiring at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification, or non- renewal; (6) A cross liability provision; and (7) A provision vesting in the Board exclusive authority to adjust losses; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related to the loss. 10.3. Damage and Destruction. (a) Immediately after the damage or destruction to all or any part of the Properties covered by insurance written in the name of the Association, the Association Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repair or reconstruction. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. (b) Any damage or destruction of the Common Area shall be repaired or reconstructed unless the Class `B" Member, if any, and Owners representing at least seventy- five percent (75%) of the total Class "A" votes in the Association, or if a Service Area, one hundred percent (100% of the Owners of the affected Service Area(s)), decide within sixty (60) days after the loss not to repair or reconstruct. (c) If determined in the manner described above that the damage or destruction to the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition. (d) Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association or the Service Area, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit. (e) If insurance proceeds received after the application of any applicable deductible are insufficient to cover the costs of repair or reconstruction, the Board of Directors ?g may, without a vote of the Members, levy Special Assessments to cover the shortfall against the Owners responsible for the premiums for the applicable insurance coverage under Section 10.1(a). 10.4. Owner's Insurance. (a) By virtue of taking title to a Lot, each Owner covenants and agrees with all other Owners and with the Association to carry or to cause to be carried property insurance for the full replacement cost of all insurable improvements on his or her Lot, less a reasonable deductible, unless the Association gives written authorization to such Owner allowing such Owner to self -insure. If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners hereunder, the premium for such insurance shall be levied as an Assessment against the benefited Lot and the Owner thereof. (b) Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising his Lot, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article V of this Declaration. Alternatively, the Owner shall clear the Lot of all debris and ruins and maintain the lot in a neat and attractive, landscaped condition consistent with the rest of the Project. The Owner shall pay any costs which are not covered by insurance proceeds. (c) The requirements of this Section shall apply to any Service Area responsible for common property within the Service Area in the same manner as if the Service Area were an Owner and the common property were a Unit. Additional recorded covenants applicable to any Service Area may establish more stringent requirements for insurance and more stringent standards for rebuilding or reconstructing structures on the Units within such Service Area and for clearing and maintaining the Units in the event the structures are not rebuilt or reconstructed. ARTICLE XI EASEMENTS 11.1 Utility Easements. Declarant hereby reserves, for the benefit of Declarant and the Association, perpetual easements, rights and privileges to install, maintain, repair, replace and remove poles, wires, cables, fiber, conduits, pipes, mains, pumping stations, siltation basins, tanks and other facilities, systems and equipment for the conveyance and use of electricity, telephone service, communications, sanitary and storm sewer, water, gas, cable television, internet, drainage, irrigation and other public or private conveniences or utilities, upon, in or across any Lot and the Common Areas (the "Utility Easements"). However, except as herein provided, no Utility Easements shall be placed on the portion of a Lot on which is already located a Building which was approved by the Architectural Review Board or on which a Building is to be located pursuant to Plans approved by the Architectural Review Board except to the extent the same does not unreasonably interfere with contemplated or constructed Improvements to be located thereon and the Association repairs any and all damage to the Lot resulting from the installation of such utilities thereon. The Utility Easements shall include the right to cut and/or remove trees, bushes or shrubbery and such other rights as the Declarant or the 29 Governmental Entity or utility company providing the utilities may require. The utility lines installed pursuant to the Utility Easements must be installed below ground level, except as otherwise provided in any Supplemental Declaration or permitted by the Architectural Review Board or the Declarant, as required. Declarant shall have the right to convey or assign the benefit or use of Utility Easements to other Owners, to any Governmental Entity or utility company, to the Association and to any other Person. The Owner of any Lot to be burdened by any Utility Easement granted pursuant to this Section shall be given written notice in advance of the exercise by the Declarant of its rights under this Section. The location of any Utility Easement over a Lot granted pursuant to this Section shall be subject to the written approval of the Owner of the Lot to be burdened by the easement, which approval shall not be unreasonably withheld, delayed or conditioned. Upon the grant of any Utility Easement pursuant to this Section, the Declarant shall (a) cause all work associated with that easement to be performed with the least possible interference to the use and enjoyment of the property burdened by the easement; and (b) upon completion of all work associated with the easement, cause the property burdened by the easement to be restored to the extent reasonably possible to its condition prior to the commencement of the work. The Owner of a Lot burdened by a Utility Easement shall have the right at any time to relocate such Utility Easement and any utility facilities located therein upon thirty (30) days' prior written notice to the Association Board, provided that such relocation (1) shall not interfere with or diminish the utility service to the Owner(s) of Lots served by such utility facilities, (ii) shall not reduce or unreasonably impair the usefulness or function of such utility facilities, (iii) shall be performed without cost or expense to any other Owners or the Association, (iv) shall be completed using materials and design standards which equal or exceed those originally used, and (v) shall have been approved by the providers of such utility services and the appropriate governmental or quasi -governmental agencies having jurisdiction thereover. 11.2 Erosion Control. Declarant hereby reserves, for itself and for the Association, a perpetual easement, right and privilege to enter upon any Lot or Common Area, either before or after any Improvement has been constructed thereon or during such construction, for the purpose of taking such erosion control measures as Declarant or the Association, as applicable, deems necessary to prevent or control soil erosion or siltation thereon or in connection with the Stormwater Drainage System located on the Property. Before exercising such right, the Declarant or the Association Board shall give the Owner of the Lot at least five (5) days' prior notice thereof (or such shorter notice as shall be appropriate in an emergency as determined by the Declarant or the Association Board, as applicable) an opportunity to take appropriate action to correct or prevent the erosion or siltation problem. The cost incurred by the Declarant or the Association Board, as applicable, in undertaking such erosion control measures on any Lot, Common Area or any portion of the Stormwater Drainage System shall become a Special Assessment upon the Lot owned by the Owner that the Association Board deems responsible and shall constitute a lien against the Lot and shall be collectible in the manner provided herein for the payment of Assessments. 11.3 Maintenance of Lots. Declarant hereby reserves, for the benefit of Declarant and the Association, the perpetual easement, right and privilege, to enter upon any Lot for the purpose of performing the landscaping maintenance, mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, dispensing pesticides, herbicides and fertilizer and grass seed, removing trash and debris and taking such other action as is necessary 30 to fulfill its obligations or exercise its rights as provided in this Declaration and to correct any condition which detracts from the overall beauty of the Property or which may constitute a hazard or nuisance. Except with respect to routine maintenance which is the Association's responsibility pursuant to the terms of this Declaration, or in the case of an emergency, before exercising such right of entry, Declarant or the Association Board, as applicable, shall give the Owner of the Lot at least five (5) days' prior notice thereof (or such shorter notice as shall be appropriate in an emergency as determined by the Declarant or the Association Board, as applicable) an opportunity to take appropriate action to correct or prevent such problem. Except with respect to routine maintenance which is the Association's responsibility pursuant to the terms of this Declaration, the cost incurred by Declarant or the Association Board, as applicable, in taking such action shall constitute a Special Assessment upon the Lot and shall be collectible in the manner provided herein for the payment of the Assessments. This Section shall not apply to Property so long as it is owned by Declarant. 11.4 Construction Easements and Rights.. Notwithstanding any provision of this Declaration or of any Supplemental Declaration, for so long as Declarant owns any portion of the Property, Declarant shall have easements of ingress, egress and use over any Common Area and any portion of the Property not conveyed to an Owner for (1) movement and storage of building materials and equipment, (ii) erection and maintenance of directional and promotional signs, and (iii) conduct of sales and other promotional activities. 11.5 Right of Entry for Governmental Personnel. A right of entry on any Lot and Common Area is hereby granted to law enforcement officers and fire and rescue personnel as needed to lawfully carry out their duties, including enforcement of cleared emergency vehicle access. The Declarant has granted to the County a 16' Emergency Access easement from Rio Road across Lots 1, 6, and 5. The Emergency Access road is surfaced with grass pavers. The Association shall be responsible for maintaining the Emergency Access road from Rio Road to Eckerson Court; the owner of Lot 5 will be responsible for maintaining that portion of the Emergency Access road on its property (Lot 5) or may enter into a road maintenance agreement with the Association for maintaining that portion of the emergency access road on Lot 5. 11.6 Easements for Landscaping, Signs, Flags, Canopies and Related Purposes. There shall be and is hereby reserved to Declarant until such time as the Class B membership terminates, and thereafter to the Association, a non-exclusive easement (i) over Common Areas adjacent to the edge of the right-of-way for any public or private street and adjacent walkway through, along or adjoining such Common Area, or as otherwise shown on a plat recorded prior to the conveyance of or dedication of the Common Area, for the purpose of erecting and maintaining berms, directional safety or security signs, temporary promotional signs, plantings, street lights, entrance features, canopies, flags, lighting, stone, wood or masonry wall features and/or related landscaping and (ii) over Lots for the first ten (10) feet adjacent to the edge of the right-of-way for any public or private street and adjacent walkway through, along or adjoining such Lot, for the purpose of erecting and maintaining directional, convenience, information, safety or security signs, or temporary promotional signs, in a manner that does not interfere with normal and convenient use of the Lot and provided that such easement on the Lot shall not be deemed to prohibit the construction of any Improvement on the Lot that is otherwise approved pursuant to the terms of this Declaration. 31 11.7 Easement for Encroachment. There shall be appurtenant to each Lot and the Common Area an easement over all adjoining Lots and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of a Building, or any other similar cause, and any encroachment due to Building overhang or projection. There shall be valid easements for the maintenance of such encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by such encroachment, settling or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if such encroachment occurred due to the willful act or acts with knowledge of such Owner or Owners. In the event a Structure on any Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor unintentional encroachments over adjoining Lots shall be permitted, and that there shall be valid easements for the maintenance of such encroachments so long as they shall exist. The re -subdivision of any Lot or the separate conveyance of any portion of a Lot other than an easement is prohibited without the consent of the Architectural Review Board. Declarant reserves a non-exclusive easement over all Lots and Common Areas for the following: (i) to maintain, repair and to utilize any exterior or interior wall that forms a party wall between two adjacent Lots; a wall will be considered a party wall only if it provides support for the buildings, or parts of a building, or more than one Lot; (ii) to maintain, replace and repair any building wall, courtyard or yard wall or fence placed along a Lot boundary; (iii) to erect, replace, repair and maintain roofs, gutters, soffits, downspouts, rain leaders and footings that overhang or extend onto the Lot adjacent to the Improvement of which they are a part; provided however, that such intrusion shall not (a) extend more than 4 feet onto the adjoining property, (b) interfere with an existing or approved Improvement on the adjoining Lot or (c) discharge water onto the adjoining Lot except into a common pipe or over conveyance designed for receipt of stormwater from multiple properties; and (iv) to erect, replace, repair and maintain encroachments into the Common Areas, including flags, flagpoles, stoops, balconies, planters, window boxes and other similar features. Declarant may assign any portion of this right and easement to the Association or another Owner without reduction of Declarant's remaining rights and easements. To the extent any easement described in this Section is utilized by Declarant or an Owner, the party utilizing the easement shall be responsible for all costs and liability associated with such utilization and shall maintain appropriate insurance in connection with such utilization. The reservation of an easement to enter onto a Lot does not create any obligation on the Declarant to maintain, repair, or replace improvements on such Lot and does not affect the obligation of the Owner to maintain, repair, and replace, as necessary, such improvements as provided in this Declaration in various sections, including without limitation, Section 7.1, 7.2, 7.3 and 7.4 of Article VII. 32 11.8 Easement for Upkeep of Common Areas. Declarant hereby reserves, for the benefit of Declarant and the Association, the perpetual easement, right of entry and privilege on, over, across, and under, any Lot in order to perform the Upkeep of any Common Area and any Common Improvement located thereon. Such right of entry shall be exercised in a commercially reasonable manner so as to reduce the degree of interference with the use and enjoyment of the Lots by the Owners. Upon the completion of the exercise of such right, the Person exercising such right shall restore any Lot impacted by such exercise to the condition that such Lot was in immediately before such exercise. 11.9 Easement for Upkee12 of Stormwater Drainage System and Irrigation. (a) Declarant hereby reserves, for the benefit of Declarant and the Association the perpetual easement, right of entry and privilege on, over, across, and under, any Lot in order to install, construct and perform Upkeep on the Stormwater Drainage System. Such right of entry shall be exercised in a commercially reasonable manner so as to reduce the degree of interference with the use and enjoyment of the Lots by the Owners. Upon the completion of the exercise of such right, the Person exercising such right shall restore any Lot impacted by such exercise to the condition that such Lot was in immediately before such exercise. Declarant further reserves, for the benefit of Declarant and the Association the right to use the SWM Ponds lying within the Common Areas for the purposes of stormwater management and control, creation of wetlands and irrigation of other Lots or parcels now, or in the future, owned by Declarant or third parties. Declarant may irrigate all or portions of such other Lots or parcels with water drawn from the SWM Ponds lying within the Common Areas. Declarant may install pipes, riprap, wires, landscaping, dams, pumps, water lines and other equipment as necessary and shall have an easement therefor. (b) Declarant further reserves: (i) the right to lay, install, construct and perform Upkeep on an irrigation system, including underground irrigation lines, over all Common Areas and landscaping easement areas granted to Declarant or the Association for the purpose of providing irrigation to other Lots or parcels which may or may not be a part of the Property, and (ii) the right to enter onto Lots and Common Areas to maintain the SWM Ponds as may be necessary to ensure that such water bodies continue to provide a sufficient source of water to satisfy the irrigation needs described in this Section. 11.10 Easement for Special Events. Declarant hereby reserves for itself, its successors, assigns and designees, a perpetual, nonexclusive easement over the Common Areas for the purpose of conducting educational, cultural, artistic, musical and entertainment activities and other activities of general community interest at such locations and times as Declarant, in its sole discretion, deems appropriate. Each Owner, by accepting a deed or other instrument conveying any interest in a Lot, acknowledges and agrees that the exercise of this easement may result in a temporary increase in traffic, noise, gathering of crowds, and related inconveniences, and each Owner- agrees on behalf of itself and the occupants of its Lot to take no action, legal or otherwise, which would interfere with the exercise of such easement. The Association shall not take any action which would interfere with or otherwise attempt to restrict the exercise of this easement. 11.11 Ingress/Egress; Public Pedestrian Access. The Declarant shall establish an interconnecting system of roads and streets, so that each Lot will at all times have a right of way 33 that allows for direct vehicular and pedestrian ingress/egress from a Lot to a publicly dedicated right of way. Further, this Declaration hereby establishes and grants a public right of way for pedestrian access over all sidewalks within the Property (as such sidewalks are shown and identified on the approved site plan). This right shall be in perpetuity and shall expressly benefit the County and the Board of Supervisors of the County (the "Board"), each of which is hereby a third -party beneficiary of this public dedication of access easement. The County and Board shall have the right and authority to enforce the provisions of such access easement for the benefit of the public for ingress and egress over the sidewalks as provided in this Declaration as though they were parties hereto. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. 11.12 Cross -Easements for Parkin. The Declarant hereby establishes and grants a reciprocal cross -access parking easement among Lots 1, 2, and 3 (as such lots are shown and identified on the Revised Subdivision Plat). The owners, tenants, guests, and invitees of Lots 1, 2, and 3, on which are located Buildings A, B, and C, respectively, as shown on the approved Oakleigh site plan, as it may be amended, shall have the right to park within the parking lots of any of said lots. Further, the owners, tenants, guests, and invitees of the apartment building on Lot 4 and the visitors to the parks that have been established or that may be established on Lots 6 and 6A shall have the right to park within the parking lots of Lots 1, 2, and 3. No parking easement is hereby established over the parking area on Lot 4, which is exclusively reserved for the use of the owners, tenants, guests, and invitees of the apartment building on Lot 4. Additionally, by General Warranty Deed, dated June 29, 2017, recorded in the Clerk's Office on July 27, 2017 in Deed Book 4939, page 224, Oakleigh reserved unto itself for the benefit of the "residue" of the Property (i.e. less Lot 5 thereby being conveyed) a permanent, non-exclusive parking easement for the use of parking spaces within the Parking Easement Area in the southeast corner of Lot 5, shown and defined on Exhibit A attached thereto, along with rights of vehicular and pedestrian ingress and egress between the Oakleigh Residue and the Parking Easement Area for Oakleigh, its successors and assigns, and the tenants and invitees thereof. Further, by Parking Easement Agreement, dated April 22, 2019, recorded in the Clerk's Office on June 11, 2019 in Deed Book 5177, page 10, the Lot 5 owner granted to Oakleigh a private parking easement containing 2,153 square feet in the northwest corner of Lot 5 in the location shown on the plat attached to the Agreement, to serve Lot 4 exclusively. ARTICLE XII ENFORCEMENT 12.1 Preventive Remedies. Declarant, the Association Board, the Association, the Architectural Review Board or any Owner may proceed at law or in equity to prevent the violation of this Declaration and to enforce the terms and provisions of this Declaration. 12.2 Enforcement 1�ip iits. Declarant, the Association or their duly authorized agents and contractors shall have the right, upon reasonable notice, at any time and from time to time following violation or breach of this Declaration (1) to enter upon any Lot to which such violation or breach exists and summarily to abate and rernove, at the expense of the Owner thereof, any Structure, object or condition that may be or exist there contrary to the intent and 34 meaning of this Declaration (including, without limitation, the care and maintenance of landscaping and lawns, care and maintenance of Improvements, removal of trash and debris, removal of dirt from streets resulting from construction activity and abatement of nuisances, and removal or relocation of signs) and (ii) to institute a proceeding at law or in equity against the Persons who have violated or attempted to violate any of the provisions of this Declaration, to enjoin or prevent them from doing so, to cause the violation to be remedied and to recover damages for the violation. At the discretion of the Declarant, and/or the Association, and in addition to any other rights and remedies available to the Declarant and/or the Association at law and pursuant to the terms of this Declaration, an Owner shall be subject to a charge of up to $1,000 per day for a violation of the provisions of Article V of this Declaration which violation is not cured within thirty (30) days after such Owner receives notice of such violation, such charge being payable for each day that such violation continues beyond such thirty (30) day notice and cure period. Such charge shall become a Special Assessment upon the Owner's Lot and shall be secured by the Assessment lien provided for in this Declaration. If, pursuant to this Section, the duly authorized agents of Declarant or the Association enter upon any Lot for the purpose of abating or removing any violation or breach of this Declaration, neither the Person entering nor the Person directing the entry shall be deemed liable for any manner of trespass for such action, and the costs related to such abatement, including overhead, interest, late charges and costs of collection, shall become a Special Assessment upon such Lot and shall be secured by the Assessment lien provided for in this Declaration. This Section shall not apply to Property so long as it is owned by Declarant. 12.3 Cumulative Remedies. The remedies hereby specified are cumulative, and this specification shall not be deemed to preclude any aggrieved Person's resort to any other remedy provided hereunder or at law, in equity, or under any statute. 12.4 Failure to Enforce Not a Waiver of Rights. No delay or failure on the part of an aggrieved Person to invoke any available remedy in respect to a violation of any provision of this Declaration shall be held to be a waiver by the Person of (or an estoppel of that Person to assert) any right available to him upon recurrence or continuance of such violation or the occurrence of a different violation, nor shall there be imposed upon Declarant or the Association or the Association Board or the Architectural Review Board a duty to take any action to enforce this Declaration. 12.5 Assignment of Rights and Duties. Any and all of the rights, powers and reservations of Declarant herein contained (including, without limitation, the benefits of any reserved easements) may be specifically assigned by Declarant to any Person (including, without limitation, the Association), and upon any such Person consenting in writing to accept such assignment and assume such rights, powers and duties, such Person shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. No conveyance by Declarant of any part of the Property or any interest therein shall be deemed to be, or construed as, an assignment of any right or power reserved herein, unless such right, power or reservation is specifically transferred or assigned by Declarant. The term "Declarant" as used herein includes, to the extent assignable, all such assignees, who are specifically assigned such rights, powers and reservations, and their successors and assigns. Any assignment or appointment made under this Section shall be recorded in the Clerk's Office. From and after the date Declarant assigns to another Person any 35 of its obligations under this Declaration, Declarant shall be relieved of such obligations and released from all subsequent liability for the performance or non-performance thereof. 12.6 Constructive Notice and Acceptance. Each Owner, Occupant or other Person, by acceptance of a deed conveying title to a part of the Property, or the execution of a contract for the purchase thereof, or the acceptance of a lease or license therefor, or the taking possession thereof, whether from Declarant or other Owner or lessee, shall for himself, its successors and assigns, be deemed to (i) accept such deed, contract, lease, license or possession upon and subject to each and all of the provisions of this Declaration, and (ii) covenant, to and with Declarant, and the other Owners to keep, observe, comply with and perform the requirements of this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such Person acquired such interest. 12.7 Waiver. Neither Declarant, the Association, the Association Board, the Architectural Review Board or any Member thereof, nor their successors or assigns shall be liable for damages to any Owner, lessee, licensee, or Occupant of a portion of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction in the administration of the provisions of this Declaration or for the enforcement or failure to enforce this Declaration or any part thereof except as constitutes gross negligence or intentional and willful acts which violate the express provisions and requirements of this Declaration; and every Owner, lessee, licensee, and Occupant, by acquiring an interest in the Property, agrees that it will not bring any action or suit against Declarant, the Association Board or its members, the Architectural Review Board or its members, or the Association to recover any such damages except to the extent that such damages result from the gross negligence, or the intentional and willful acts in violation of the express provisions and requirements of this Declaration, by Declarant, the Association Board or its members, the Architectural Review Board or its members, or the Association. 12.8 Estoppel Certif sate. Upon the request of an Owner or an Owner's mortgagee, the Association Board shall prepare and deliver a certificate (the "Estoppel Certificate") that certifies the amount of unpaid General Assessments and Special Assessments, if any, applicable to the Lot owned by such Owner, the next date on which assessments are payable and the amount of General Assessments and Special Assessments that are payable on such date, and whether the Association Board has notified the Owner of such Lot of any violations of the provisions of this Declaration with respect to such Lot and, if so, the steps, if any, taken by such Owner to address and remedy such violations. 12.9 Exoneration of Declarant. Each Owner, Occupant or any other Person having any interest in any Lot in the Project expressly agrees that no duty or obligation is imposed on Declarant to enforce or attempt to enforce any of the covenants or restrictions set forth in this Declaration nor shall Declarant be liable in any way to any Person for the failure to enforce the covenants or restrictions set forth in this Declaration. 36 ARTICLE XIII DURATION, AMENDMENT AND PRIORITY 13.1 Duration of Protective Covenants. This Declaration shall continue and remain in full force and effect at all times with respect to the Property and each part thereof (subject, however, to the right to amend as provided for herein) for a period of thirty (30) years from the date of recordation of this Declaration in the Clerk's Office and shall be automatically extended thereafter for successive periods of twenty-five (25) years each, subject to termination by an amendment as provided below. Notwithstanding the foregoing, all easements reserved pursuant to Article XI shall be perpetual except to the extent that a shorter period is specified therein. 13.2 Amendment. Except as expressly provided elsewhere in this Declaration, this Declaration may be amended (1) by Declarant without the consent of any other Owners in order to correct typographical errors, inconsistent references, scrivener's errors, grammatical mistakes, or incorrect or ambiguous punctuation or to clarify an ambiguity for so long as Declarant owns any portion of this Property or (ii) by a vote of two-thirds (2/3) of the votes of the Class A Members and the Class B Member (if existing). Any existing Improvements on a Lot which were approved in accordance with the provisions of Article V hereof prior to construction and constructed in accordance with the provisions of Article V and the other terms and provisions of this Declaration, and which Improvements otherwise comply with the terms and provisions of this Declaration, shall be deemed "grandfathered" under the terms of this Declaration prior to such amendment and shall not be affected by any amendment to this Declaration unless the Owner of such Lot and any Mortgagee having a lien on such Lot consent to such amendment. No amendment to this Declaration shall be effective against a Lot, without the written consent of the Owner of the Lot and any Mortgagee having a lien on such Lot, to the extent such amendment would have a material adverse impact on the use of and operations conducted on the Lot in any manner related to the following: (i) the use of the Lot; (ii) parking, access and other rights appurtenant to such Lot pursuant to the terms of a separate easement agreement or other instrument; (iii) easements and related rights for utilities, stormwater drainage and access for the Lot; (iv) access to and from the Lot to and from public streets; (v) any approvals previously obtained with respect to such Lot pursuant to the terms of this Declaration which approvals were not themselves, when granted, made expressly subject to the right to be amended or terminated in the future; and (vi) other rights appurtenant and available to any Lot, prior to the recordation of such amendment. Notwithstanding any provision hereof to the contrary, the provisions of Articles III, V, and XI and Sections 6.6, 6.7, 7.5, 8.4, 9.8, 12.2, 12.9, and this Section 13.2 may not be amended without the written consent of Declarant for so long as Declarant owns any portion of the Property; and the provisions of Section 9.9 may not be amended without the written consent of all Mortgagees. In addition, Declarant, for so long as Declarant owns any portion of the Property, shall have the right without the consent of any other Owners to amend this Declaration in order for this Declaration or the Property to comply with Laws now or hereafter enacted, to comply with any easements or agreements with third parties affecting the Property to satisfy the requirements, as the same may be amended from time to time, of any Federal Mortgage Agency (including, without limitation, the Veterans Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, or the U.S. Department of Housing and Urban Development) with respect to their purchase of mortgage loans secured by property located within the Property. 37 13.3 Priority. The terms and provisions of this Declaration and any Supplemental Declaration, and the exercise of any rights and the use of any easements created hereunder, shall not be superior to the terms and provisions of any private parking, access or utility easements granted by Declarant for the benefit of any Lot or Lots, regardless of whether such easement is recorded prior or subsequent to this Declaration or such Supplemental Declaration, and neither Declarant nor the Association Board shall have the authority to establish any rules and regulations that would suspend, eliminate or otherwise prevent the exercise by an Owner of its rights under any such private easement agreement unless such private easement agreement expressly provides otherwise. ARTICLE XIV MISCELLANEOUS 14.1 Variance. The Architectural Review Board shall have the right to grant reasonable written variances from the strict application of the provisions of this Declaration or any portion hereof in order to overcome practical difficulties and to prevent unnecessary hardship in the application of the provisions contained herein; provided, however, that such variances shall not, in the opinion of the Architectural Review Board, materially injure or adversely impact any of the real property or Improvements within the Property. No variance granted pursuant to the authority herein reserved shall constitute a waiver of any provisions of this Declaration as applied to any other Person or property. 14.2 Effect of Invalidation. If any provision of this Declaration is held to be invalid or unenforceable by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Declaration, which shall continue unimpaired, in full force and effect and shall be construed to the fullest extent practicable as if such invalid or unenforceable provisions had not been included in this Declaration. 14.3 Notice. (a) To Declarant. Any and all notices or other communication required or permitted by this Declaration or by law to be served on or given to Declarant shall be in writing and shall be deemed duly served and given when personally delivered, or in lieu of such personal service, on the third business day after it is deposited in the United States mail, first class, postage prepaid, certified or registered mail, return receipt requested, addressed to Declarant as follows: Oakleigh Albemarle, LLC 690 Berkmar Circle Charlottesville, Virginia 22901 Attn: George W. Ray, Jr. with a copy to: Williams Mullen 321 East Main Street, Suite 400 Charlottesville, Virginia 22902 Attn: Valerie W. Long 38 (b) To Owners. Notice to any Owner (other than Declarant) or Occupant holding under any Owner or to any Mortgagee shall be deemed duly served when personally delivered to the Person to whom it is directed, or in lieu of such personal service, on the third business day after it is deposited in the United States mail, first-class postage prepaid, certified or registered mail, return receipt requested, addressed to (i) the Owner or Occupant at the address as shown in the applicable tax records of the County of Albemarle, Virginia, or to such other address as designated by the Owner, in writing to Declarant or the Association, as applicable, and (ii) to such Owner or Occupant's Mortgagee at the address as designated by the Mortgagee in writing to the Association and Declarant. (c) Change of Address. For the purposes of this paragraph, Declarant may change its address by a notice of change of address to each Owner within the Property and to each Mortgagee requesting such notice of whose address Declarant has been notified in writing. 14.4 Interpretation. This Declaration shall be interpreted for the mutual benefit and protection of the Owners and Occupants of the Property and in furtherance of the basic goals of this Declaration. Any discrepancy, conflict or ambiguity which may be found herein shall be resolved and determined by Declarant or the Association Board (if Declarant's rights hereunder have been assigned to the Association) and, in the absence of an adjudication by a court of competent jurisdiction to the contrary, such resolution and determination shall be final. 14.5 Captions. The table of contents, paragraph headings and captions appearing in this Declaration are inserted only as a matter of convenience and for reference and in no way limit or otherwise affect the scope, meaning or effect of any provisions of this Declaration. 14.6 Run with Land. The covenants and restrictions of this Declaration shall run with and bind the Property and the Owners and Occupants thereof. 14.7 Governing Law. This Declaration and rights of the Owners of the land within the Property shall be governed by the laws of the Commonwealth of Virginia. 41061325 1 [Remainder of Page Intentionally Left Blank.] 39 I N WITNESS WHEREOF the undersigned has caused this Declaration to be executed on its behalf by its duly authorized representatives as of the date and year first above written. OAKLEIGH ALBEMARLE, LLC, a Virginia limited liability company _err By: George W. Ray, Jr, Member and Sole Manager COMMONWEALTH OF VIRGINIA; CITY/9QUNJIYOF a I )p sm u. 1 s— , to -wit: The foregoing instrument was acknowledged before me,-? Notary Public, this Z_ day of 4,�_1v'h« , 2019 by George W. Ray, Jr., who is personally known to me and voluntarily acknowledged this instrument as Member and Sole Manager of Oakleigh Albemarle, LLC, a Virginia limited liability company, on behalf of the company. Notary Public 40737454_2 My commission expires: 5 ' - v� Registration NLUnber: �� -7 1 d 47 4f[WE E• CCLL[�CA 14 Caromnnweaiip otVirginia 2i150B qay �nn<migslnn Expires R5i3t12422 F.xhihit A Description of Property ALL those certain lots or parcels of land, with improvements thereon and appurtenances thereto, containing 4.12 acres, in total, more or less, shown as "TMP 45-26A3, Lot 1, New Total, 1.2075 Acres," "TMP 45-26A4, Lot 2, New Total, 1.0175 Acres," "TMP 45-26A5, Lot 3, 0.527 Acre, "TMP 45-26A6, Lot 4, Total 0.661 Acre," "TMP 45-26A9, Lot 4A, 0.200 Ac," "TMP 45-26A8, Lot 6, 0.272 Ac, and "TMP 45-26B6, Lot 6A, 0.234 Ac" on that certain subdivision plat by Lincoln Surveying, entitled "PLAT SHOWING A BOUNDARY LINE ADJUSTMENT OF LOTS 1 AND 2, REVISED EASEMENTS ACROSS LOTS 1, 4, 5 AND 6 AND A NEW EASEMENT ACROSS LOT 2, OAKLEIGH SUBDIVISION, RIO DISTRICT, ALBEMARLE COUNTY, VIRGINIA," dated May 15, 2019, last revised October 1, 2019 (the "Revised Subdivision Plat"), which is attached to this Declaration and incorporated herein; BEING a portion of the same property conveyed to Oakleigh Albemarle, LLC by deed from Coleman -Elder, LLC, a Virginia limited liability company, dated as of December 27, 2006, and recorded December 29, 2006 in the aforementioned Clerk's Office in Deed Book 3346, page 314. 41061325_1 41 Exhibit B Subdivision and Easement Plat of the Property 42 PLAT SHOWING A BOUNDARY Lit ADJUSTMENT OF LOTS 1 AND 2 REVISED EASEMENTS ACROSS LOTS 1, 4, 5 AND 6 AND A NEW EASEMENT ACROSS LOT 2 OAKLEIGH SUBDIVISION RIO DISTICT ALBEMARLE COUNTY, VIRGINIA MAY 15, 2019 REVISED: JULY 18, 2019 REVISED: SEPTEMBER 11, 2019 REVISED: SEPTEMBER 30, 2019 REVISED: OCTOBER 1, 2019 OWNERS' APPROVAL: COUNTY APPROVAL: folt-ilop. AGEWf OF THE BOARD OF DA E SUPERVISORS ofi THE PLATTING OR DEDICATION OF THE FOLLOWING LAND, PLAT SHOWING A BOUNDARY LINE ADJUSTMENT OF LOTS 1 AND 2, REVISED EASEMENTS ACROSS LOTS 1, 4, 5 AND 6 AND A NEW EASEMENT ACROSS LOT 2, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. OWNER OF LOTS: 1, 2, 3, 4, 4A, 6, 6A OAKLEIGH ALBEMARLE, LLC , A VIRGINIA LIMITED LIABILITY COMPANY BY: II GEORGE W. RAY, JR,' MEMBER AND SOLE MANAGER DATE:It)- NOTARY PUBLIC: 1-7 STATE OF Y II r CITY/COUNTY OF 1 THE FOREGOING #ACKNOWLECF I BOEF E ME HISS �`=� A OF �. _ . .y, — U30-4.11, . VJA) low NOTARY PUBLIC MY COMMISSION EXPIRES: M*y It, zoil VICINITY MAP 1" = 2000' W � 9 Op RIO HILL °9 SHOP /p CNTR .9 SITE 9°Qe ti FOU ALB. EAS S SHOP J CNTR B K EY FASHION SQUARE MALL OWNER OF LOT 5 THE BLAKE AT CHARLOTTESVILLE, LLC , A DELAW RE LIMITED LIABILITY COMPANY ) �Y: ANDREW YAR OROUGH ANAGER �® DATE:__ ®��/�► NOTARY PUBLIC: STATE OF 4k Ik CITY/COUNTY OF THE FOREGOING WA ACKNOWLE GEO BEFORE ME THIS DAY OF 20-L!EL BY NOTARY PUBLIC MY COMMISSION EXPIRES: AL4e4Ik TITLE REFERENCES: �// 7 D.B. 331 P. 478 VEPCO TMP 45-26A3 LOT 1 D.B. 331 P, 410 VEPCO TMP 45-26A4 LOT 2 D.B. 278 P. 542 VA TEL. AND TELE. TMP 45-26A5 LOT 3 D.B. 273 P. 215 VEPCO TMP 45-26A6 LOT 4 D.B. 221 P. 214 VA PUBLIC SERVICE COMPANY TMP 45-26A9 LOT 4A D.B. 210 P. 594 VA PUBLIC SERVICE COMPANY TMP 45-26A8 LOT 6 D.B. 109 P. 163 TMP 45-2666 LOT 6A D.B. 4939 P. 224 OAKLEIGH ALBEMARLE, LLC D.B. 4927 P. 721 STORMWATER 690 BERKMAR CIRCLE D.B. 4907 P. 494 STORMWATER CHARLOTTESVILLE VA, 22901 D.B. 4927 P. 170 CITY OF CHARLOTTESVILLE D.B. 5051 P. 627 PLAT D.B. 4928 P. 96 COUNTY OF ALBEMARLE D.B. 4928 P. 61 PLAT D.B. 4928 P. 90 ACSA D.B. 3346 P. 314 D.B. 4928 P. 85 D.B. 331 P. 480 PLAT D.B. 4928 P. 80 H.W.P.B. XIII P. 29 PLAT D.B. 4928 P. 76 D.B. 791 P. 272 PLAT D.B. 4928 P. 71 D.B. 477 P. 38 PLAT D.B. 4928 P. 47 D.B. 4479 P. 386 DRAINAGE EASEMENT D.B. 4928 P. 24 D.B. 3931 P. 428 DRAINAGE EASEMENT D.B. 4928 P. 1 D.B. 3617 P. 624 ALB. COUNTY SWM D.B. 4927 P. 736 D.B. 1817 P. 695 CENTRAL TELE, COMP. OF VA D.B. 4927 P. 721 D.B. 1646 P. 267 VEPCO D.B. 4927 P. 712 D.B. 1632 P. 132 COMM. OF VA D.B. 4927 P. 696 D.B. 1066 P. 196 COMM. OF VA D.B. 5051 P. 638 SWM D.B. 791 P. 270 UNRECORDED PLAT DATED 5/30/2003 D.B. 747 P. 532 CENTRAL TELE, COMP. OF VA LUM'S LAND SURVEYS, INC. 1. LOTS 1-5 CONTAIN A BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE COUNTY ZONING ORDINANCE. 2. THESE PARCELS ARE ZONED: NEIGHBORHOOD MODEL DISTRICT AND ARE SUBJECT TO ZMA-201600015 INCLUDING PROFFERS. 3. THESE PARCELS ARE WITHIN THE ENTRANCE CORRIDOR (EC), STEEP SLOPES (MANAGED) AND AIRPORT IMPACT AREA (AIA) OVERLAY DISTRICTS. 4. THESE PARCELS ARE WITHIN THE SOUTH FORK RIVANNA WATER SUPPLY WATERSHED (ABOVE RESERVOIR) BUT NOT WITHIN AN AGRICULTURAL -FOREST DISTRICT. 5. THESE PARCELS ARE NOT WITHIN THE DAM BREAK INUNDATION ZONE, 6, UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND/OR SEWER SERVICE WILL BE AVAILABLE TO THIS PROPERTY. 7, THE STREETS IN THIS SUBDIVISION MAY NOT MEET THE STANDARDS FOR ACCEPTANCE INTO THE SECONDARY SYSTEMS OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF ALBEMARLE. 8. ANY STREAM BUFFER(S) SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. 9. THE INTENT OF THE EASEMENTS SHOWN HEREON IS THAT THEY ARE TO BE CENTERED ON THE ASBUILT LOCATION OF THE SEWER LINE, WATERLINE AND ALL OF THEIR APPURTENANCES. 10. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. — 11, SOME EASEMENTS OTHER THAN THOSE SHOWN HEREON MAY EXIST. 12, IRONS TO BE SET AT ALL NEW PROPERTY CORNERS UPON COMPLETION OF CONSTRUCTION. 13. THIS PROPERTY LIES IN AN AREA DESIGNATED AS ZONE X (UNSHADED) (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON MAPS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. DATED: FEBRUARY 4, 2005 SETBACKS: SEE SHEET 6 FOR LOT/PARKING/BUIDLING REGULATIONS I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS I ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON S BASED ON A CURRENT FIELD SURVEY. SHEET 1 OF 6 TH P, 7 g �, CHRISTOPHER B. KEAN LIC. NO. 2378 IP.-I.- jQ d` LING LN SURVEYING f Innovation. Integrity. vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 106013300-REV-SUB 19274.PRO 106-0133-00 PRIVATE DRAINAGE EASEMENT D,B, 3931 P. 428 D.B. 4479 P386 k '0 G V *\s 60 '50 s E TING EASEMENTS ff IN LGT 4A-ARE TO REMAIN SWM EASEMENT D,B, 4928 'P: 96, D,B. 4928 P. 61 PLAT N1870. — — — — — — — — — — — — 8 8 8 E E 5 51. 5 51. 5 51. 5 51 fl 54�43 - — — — — — — — ------ — — — — — 51. 0 ------------------------ PF EMERGENCY ACCESS EASEME -------- P L _A7 T E D_ B_ Y - D -. S. - -4-9-ZF - F. - -6 ACROSS LOTS 1, 5 & 6 L — ----- — — — — — — — — — — — HEREBY VACATED ACSA VARIABLE WIDTH WATER AND TMP 45L261 SANITARY EASEMENT MEDICA( FACILITIES OF D.B. 4928 P. 90 40' PRIVATE APPROX. LOCATION D.B.4928 P, 61 PLAT STREET EASEMENT/ 20' WATERLINE AMERICA �XXVI (76) D.B. 4928 P. 80/ LIMITED: PARTNERSHIP EASEMENT D.B. 3678 : P. 655 D.B. 4928 P. 61 PEN D,B, 976 D.B. lll� P. 499 PLAT P, 484, 488 PLAT D.B. 455 P: 285 PLAT 45-26A7 f THE BLAKE AT CHARLOTTESVILLE, LLC II I LOT 5 15`VEPCO EASEMENT \\\D.B. 4964 P. 452 Ilp, N1585.18 T �Z> _�9� E5756.85 5AW LA __LA_ 3EN_T_ D,B. 4928 P. 96 D.B. 4928 P. 61 PLAT 30' R/W TO CEMETERY ON LOT 4 V'0 A 0 0 I X� ------------- 0 NO K m > cr) cn 0) m > -4 TMP 45-26AI EJM GARDEN, LL, D.B. 2717 P. 746 D.B. 477 P. 38 1 H.W,P,B. XI P. 13- (0 111) �' co m TMP 45-26A3 I > LOT 1 � 00 c/) T 7' T 159' PRIVATE ACCESS EASEN- D.B. 4928 P. 61 LOTS 1, 5 & 6 3Y VACATED AA � OS�p 7 7A -uwz pTREET EASEMENi I F.B. 4928 P. 85 .B. 4928 P. 61 PLAT L _ E -IillCHQL -1" L-q EASEMENT p 4928 P. 96r-P D. 4928 P, 61 PLEA TMP 45-26A4' LOT 2 &PORkRY CONSTRuc4ION, _DtN6 AND LANDSCA46 EASEM D3, 4927 P. 696 PLAT I — -- — -- 30' RIGHT OF WAY 0 0 o::E -4 P.B. D.B. 1914 P1463 0 i r,,CI41 r,,Q - A Awl a) -1,914 P. 6" -61912,"PLACA D.B. 109 163 > F 69 -PLAT "�e.B. 4,927,0. m 4 OD r- OD F -4 W, OD 4�- M a) 0 Ti -0 0 0 p ! oo N) r- (Dom coo > -4 co 0 > co tu Q K —7 > o) . 0 ca z > CD .0 z cp W Ate.00m— 0 0:0 0) i�po — K) ai C)OOD OD 0) 0 z m > i 0 z cl) cl) :0 -4 CO ACSA SEWER -> r - > z _0 N r- 1 00 -0 :V C 0) -n K cl) -0 -0 0 F r2 t EASEMENT r > D,B� Pt Pt > > 0 > > > 211 > Z r) w > Z -4 4927 696 D.B, 4927 P� 736 m -4 0 cq m m -4 -0-0 c") CID r_ r- 0 c c: > r- 0 00 c "BERKMAR CROSSING" > 0 F,\> 4 _n >> 09 =n' CONDOMINIUMS PRIVATE 5_ S� I --q SEWER BERKELEY COMMUNITY SUBDIVISION 4 z S. z (A EASEMENT 0 cl) 5D 0 —.-a..... I ------- — z D.B. 4928 P, I D.B. 4927 P, 696 PLAT SWM EASEMENT ----- ACSA WATER AND SEWER EASEMENT PUBLIC DRAINAGE EASEMENT VEPCO EASEMENT D,B. 1646 P, 267 COUNTY OF ALB. SWM EASEMENT D.B. 4927 P, 696 PLAT D.B. 4927 P. 712 APPROX. LOCATION 15' GASLINE EASEMENT D.B. 1380 P. 335 COUNTY OF ALB. DRAINAGE EASEMENT D.B, 4927 P. 696 PLAT O.B.is 4927 P. 712 3 R W 0� ACCESS EASEMENT D.B, 4927 P. 696 PLAT 4, D.B. 4928 P. 47 L PERMANENT DRAINAGE: EASEMENT D.B. 1413 P, 328 OVERALL WITH EXISTING EASEMENTS AND EASEMENTS BEING VACATED too, SWEET 2 OF 6 A, # LIN LN C SURVEYING Innovation. Integrity. Vision. 632 BERKMAR CIRCLE CHAPL 0 TTES VILLE, VIRGINIA 22901 OFFICE. 434-974-1417 013300-REV-SUB-19274.PRO 106-0133- m LINE BEARING DISTANCE AREA SHOWN AS L1 S64°53'22"E 233.38' OPEN SPACE ON LOT 4 L2 S46°49'37"W 117.86' D.B. 5051 NO LONGER P. 627 OPEN PLAT SPACE L3 N43°10'23"W 133.63' L4 N21°54'51"E 69.19' L5 N40°51'24"E 69.58' OPEN SPACE SHOWN AS HATCHED LINES 6P° L6 S51°14'29"E 85.10' Cep o p. PG L7 S46°51'00"W 245.29' 61 L8 N43110'23"W 148.92' s 6 L9 N46°49'37"E 237.38' L10 S46151'00"W 108.94' L11 S46°48'15"W 19.19' I11 L12 N43°10'23"W 151.39' I <a L25 � L26;(, L13 N46°49'37"E 121.13' ' � I L19 S38°21'05"E 75.06' L20 S46°49'37"W 439.51' L21 N51°11'26"W 211.55' L22 N42°43'09"W 207.41' L23 N20°30'48"E 65.26' L24 S69°29'12"E 10.17' L25 N46°49'37"E 79.38' L26 N46°49'37"E 26.39' L27 S43°10'23"E 21.96' L28 S43°09'27"E 37.3V L29 N46°49'37"E 8.17' L30 S43°10'23"E 22.50' L31 S64°54'39"E 17.16' L32 S51°14'29"E 32.35' L33 N43°10'23"W 7.00' L34 N46°49'37"E 43.63' L35 N43°10'23"W 19.11, L36 N74°45'11"W 40.90' L37 S20°30'48"W 84.99' L38 N59°18'20"W 8.00' L39 N30°41'40"E 31.43' L40 N59°18'20"W 6.41' L40A S74°45'11"E 65.53' L41 S43°10'23"E 19.11, L42 N46°49'37"E 27.50' L43 N20°30'48"E 207.52' L44 S74°44'52"E 181.07' L45 N07°39'06"E 45.92' L46 N18°54'43"E 35.00' L47 N21°54'51"E 21.03' L48 N15°15'28"E 40,00' L49 N15°15'28"E 7.50' L50 N46°49'37"E 7.00' N 40` PRIVATE c STREET EASEMENT J. D.B. 4928 P. 80 g< D.B. 4928 P. 61 PL A L2 TMP 45-26A7 THE BLAKE AT CHARLOTTESVILLE, LLC D.13-4939 P. 224 D.B. 4928 P. 61 PLAT LOT 5 4.685 Lo' L91 TMP 45-26A5 LOT 3 0.527 AC r ro J il PERMANENT SIDEWALK EASEMENT D.B.5051 P. 613, 625 PLAT LINE ARC CHORD BEARING RADIUS DELTA CHORD TANGENT Cl 40.75' S18°11'47"E 25.00' 93°23'10" 36.38' 26.52' C2 86,54' S37°39'43"W 270.50' 18°19'48" 86.17' 43.64' C3 67.33' S45°42'09"E 2648.37' 1°27'24" 67.33' 33,67' C4 84.47' N38°45'39"E 300.00' 16°07'57" 84,19' 42.52' C5 123.77' S85°07'03"E 84.50' 83055'14" 113.00' 75.98' C6 23.49' S86°45'57'E 14.50' 92°48'52" 21.00' 15.23' C7 7.85' N01°49'37"E 5.00, 90*00,001, 7.07' 5.00, C8 51.14' N54°26'31"W 130.00' 22°32'16" 50.81, 25.90' C9 25.14' S62°52'48"W 17.00' 84°44'02" 22.91' 15.51, C10 64.97' S54°07'18"E 170.00' 21°53'51" 64.58' 32.89' C11 7.85' S88°10'23"E 5.00, 90000,001, 7.07' 5.00, C8A 20.52' N70°13'55"W 130.00' 09*02*32" 20.49' 10.28" C10A 28.73' S69°54'42"E 170.00' 09°40'57" 28.69' 14.40' REVISED LOT 1 AND LOT 2 REVISED OPEN SPACE ON LOT 4 1" = 100' NEW PRIVATE SIGN EASEMENT (SHEET 3 OF 6 OPEN SPACE (PORTION OF LOT 4A) = 0.200 ACRES OPEN SPACE (PORTION OF LOT 5) = 0.321 ACRES OPEN SPACE (PORTION OF LOT 6) = 0.189 ACRES 1C.? OPEN SPACE (PORTION OF LOT 6A) = 0.076 ACRES J� \`I - TOTAL OPEN SPACE AREA = 0.786 ACRES SJP��o L5 Z TMP 45-26A3 �� ? y�'0 LOT 1 NEW TOTAL k -A -PO � - s 7� -7 1.2075 ACRES EXISTING 1.232 AC 10 1 0 59' PRIVATE o 8T -° STRE .T cASEiVEI" . D.B. 4928 P. 85 D.B. 4928 P. 61 PLAT ON v L2_ v NICH.OL5 Ca . COURT L88. 50 _- -L8,9 TMP 45-26A4 LOT 2 NEW TOTAL 1.0175 ACRES EXISTING 0.993 AC AREA CALCULATIONS: 1.232 AC -- EXISTING LOT 1 -0.0245 AC -- PARCEL "A" 1.2075 AC -- NEW REVISED LOT 1 0.993 AC -- EXISTING LOT 2 +0.0245 AC -- PARCEL "A" 1.0175 AC -- NEW REVISED LOT 2 E DETAIL A LINE BEARING DISTANCE L87 N43°10'23"W 29.50' L88 N46°49'37"E 117.86 L89 S51°14'29"E 29.80' L90 N43°10'23"W 29.50' L91 N43°10'23"W 29.50' L92 N74°45'11"W 65.54' L93 N43°10'23"W 2.50' L94 N20°30'48"E 168.1-2 L95 S69°29'12"E 93.31' L96 S46°49'37"W 187.56' L97 N27°00'34"E 40.03' L98 N27°00'34"E 17.70' L99 N46°49'37"E 28.12' L100 N43°10'23"W 93.51' DETAIL A 1" = 5 0' 9 TMP 45-26A3 Uri LOT 1 NEW TOTAL - ! w NEW PRIVATE L2 1.2075 ACRES C?..- - ,,-SIGN EASEMENT ------------- �0 438.27 SO FT PARCEL "A" S51°14'29"E 0.0245 ACRES \.38 - 14.55' C4 \ 40 - NICHOLS S51°14'29"E COURT l88 - - - �- - - - 13.96' ` LINE ABANDONED S30°41'40"W CD ! N S46°49'37"W 115.33' 29.39' �O _ _ ... ... ... ... ... L9 . ..... ... .._.. _........ - - TMP 45-26A4 LOT 2 r NEW TOTAL °' 1.0175 ACRES 106013300- REV-SUB_19274.PRO 106-0133-00 A I�'\ A TIE N31°27'35"W 25.68' '- S'22 S 23 N� ;c'5 9 '-0 NEW REVISED o ' s6 NEW REVISED ACSA WATER AND issoe SEWER EASEMENT 5NSWM EASEMENT\ Nla 11,584,34 SQ FT \' N LOT 4 �! �.: L96 8.69' 00 TIE IS TIES TO EXISTING SWM EASEMENT D.B. 4928 P. 96 D.B. 4928 P. 61 PLAT NEW REVISED SWM EASEMENT 1,061.13 SQ FT LOT 5 REVISED EASEMENTS COINCIDE WITH EASEMENTS ON LOT 5 LOT 5 R=74.00' A=16.13' T=8.10'--' C=16.10' CB=N67°03'03"W DELTA= 12°29'13" s 0 \ �C) op- <a \ N74'45'11"W 16.00' \n y S74 45'11"E \% o- 16.01' \ NEW REVISED 16' EMERGENCY ACCESS REVISED EASEMENTS 1" - 40' SHEET 4 OF 6 b I.99 L 1 1 LOT 6A t I TIE TO IRON SET AT COMPLETION OF CONSTRUCTION, 0 N2450 401 E5877.14 i 8.02' TIE N39°20'03''E 60.91' j .,- p0 P'1 6 y3 60 P' 2� 5-sb a®y1 3 GP'- O� ---NEW REVISED 16' EMERGENCY ACCESS S64'53'22"E 16.51' 3 L INC' SURVEYING s Innovation. Integrity. Vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 106013300_REV-SUB 19274.PRO 106-0133-00 TITLE REFERENCES: TMP 45-26A7 LOT 5 THE BLAKE AT CHARLOTTESVILLE, LLC 8635 MCMILLIAN ROAD CITRONELLE, ALABAMA 36522-5033 D.B. 4939 P.. 224 D.B. 4928 P. 61 PLAT D.B. 4927 P. 721 STORMWAT:ER D.B. 4907 P. 494 STORMWATER " D.B. 4927 P. 170 CITY OF CHARLOTTESVILLE D.B. 4928 R. 96 COUNTY OF ALBEMARLE D.B. 4928 P. 90 ACSA D.B. 4928 P. 85 D.B. 4928 P. 80 D.B. 4928 ,P-, 76 D.B. 4928 P. 71 D.B. 4928 P. 47 D.B. 4928 P. 24 D.B. 4928 P. 1 D.B. 4927 P. 736 D.B. 4927 P, 712 D.B. 4927 P. 696 D.B. 4479 P. 386 DRAINAGE EASEMENT D.B. 3931 P. ' 428 DRAINAGE EASEMENT D.B. 3617 P, 624 ALB. COUNTY` SWM D.B. 1817 P. 695 CENTRAL TELE. COMP. OF VA D.B. 1646 P.;267 VEPCO D.B. 1632 P. 132 COMM. OF VA D.B. 1066 P. 196 COMM. OF VA D.B. 791 P. 270 D.B. 747 P, 532 CENTRAL TELE, COMP. OF VA' D.B. 413 P. 277 VEPCO D.B. 331 P. 478 D.B. 331 P. 410 VEPCO D.B. 278 P. 542 VA TEL. AND TELE, D.B. 273 P. 215 VEPCO D.B. 221 P. 214 VA PUBLIC SERVICE COMPANY D.B. 210 P. 594 VA PUBLIC SERVICE COMPANY D.B. 109 P: 163 D.B. 5051 P. 638 SWM UNRECORDED PLAT DATED'5/30/2003 LUM'S LAND SURVEYS, INC. LINE S1 S2 S3 S4 S5 S6 S7 S8 S9 S10 S11 S12 S13 S14 S15 S16 S17 S18 S19 S20 S21 S22 S23 S24 S25 S26 S27 S28 S29 S30 S31 S32 S33 S34 S35 S36 S37 S38 S39 ACSA VARIABLE WIDTH WATER SWM EASEMENT AND SEWER EASAEMENT BEARING S69°29'12"E N20°30'48"E N69°29'12"W N20°30'48"E N69°29'12"W N20°30'48"E S69°29'14"E N24'04'29"E S69'29'12"E S20630'48"W S69°.29'12"E N46°49'37"E N69°2'9'12"W N20°30'48"E S69429'12"E N20°30'48"E N74°45'11"W S20°30'49"W N69°29'14"W N20°30'46"E N44°30'36"W N69.°29'12"W N45052'31"E S74°4$'09"E S20030'48"W S74°45'11"E N74°45'11"W S15°14'49"W N74°45'11"W N15014'49"E S69°29'12"E S20°30'48"W N69°29'12"W S20030'48"W S46649'37"W S20`30'48"W S69°29'12"E S69°29'12"E S46649'37"W DISTANCE 16.02' 6.79' 4.23' 13.00' 2.00' 20.00' 21.23' 1.01, 13.94' 1.00, 18.68' 17,13' 12.97' 66.00' 13.00' 25.65' 40.67' 3.30' 14.00' 7.34' 2.32' 2.00' 15.80' 19.14' 6.07' 130.76' 13.40' 11.00' 18.00' 10.70' 11.00, 60,00' 11.00, 4.05' 15.39' 14.11' 6.36' 4.46' 3.11, SWIM EASEMENT CURVE TABLE DATA LINE BEARING DISTANCE LINE ARC CHORD BEARING RADIUS DELTA CHORD TANGENT Al N74°45'11"W 29.30' C50 4.7V N24°29'12"W 3.00' 90*00,001, 4.24' 3.00' A2 S15°14'49"W 11.46' C51 7.81' N65°20'28"E 5.00' 89°35'27" 7.04' 4.96' A3 N74°45'11"W 20.00' C52 7.85' S24'29'12"E 5.00' 90*00,001, 7.07' 5.00, A4 N15°14'49"E 11.46' C53 33.35' N78°40'12"E 30.00' 63°41'11" 31.66' 18.63' A5 N74°45'11"W 11.66' C54 6.09' N11°19'48"W 3.00' 116°18'49" 5.10' 4.83' A6 S20°30'48"W 97.45' C55 7.85' N65°30'48"E 5.00' 90*00,001, 7.07' 5.00' A7 S69°29'12"E 13.22' C56 16.63' N27°07'12"W 10.00, 95°15'58" 14.78' 10.96' A8 S46°49'37"W 22.31' C57 14.79' S62°52'49"W 10.00, 84°44'01" 13.48' 9.12' A9 N69'29'12"W 23.33' C58 17.02' N11°59'55"W 15.00' 65°01'22" 16.12' 9,56' A10 N20°30'48"E 6.25' C59 8.31' S27°07'12"E 5.00' 95°15'58" 7.39' 5.48' All N20°30'48"E 20.00' 060 7.85' S60°14'49"W 5.00, 90*00,001, 7.07' 5.00' Al2 S69°29'12"E 10.80' C61 8,85' N35°27'42"W 5.00, 101°25'03" 7.74' 6.11' A13 N20°30'48"E 98.48' C62 25.59' S57°10'17"W 20.00' 73°18'59" 23.88' 14.88' A14 N69°29'12"W 10.00, C63 7.56' S26°14'28"E 5.02' 86°13'44" 6.87' 4.70' A15 N20°30'48"E 32.64' C64 7.85' S65°30'48"W 5.00' 90*00,001, 7.07' 5.00' A16 S74°44'52"E 20.08' C65 22.96' S33°40'12"W 50.00' 26°18'49" 22.76' 11.69' A17 S20°30'48"W 12.56' C66 29,27' S63°35'52"W 50.00, 33°32'29" 28.85' 15.07' A18 S74°45'11"E 68.25' C67 10.45' S50°27'29"W 10.00, 59°53'22" 9.98' 5.76' A19 N69'29'12"W 10.80' EASEMENT HOLDERS FROM BERKMAR CROSSING LOT B6 TMP 61M-12-1136: C&L PARTNERS C/O THOMAS B. LINCOLN, MANAGING PARTNER 632 BERKMAR CIRCLE CHARLOTTESVILLE, VA 22901 BLOCK A-1 TMP 61M-12-1A1 THRU 1A6: BERKMAR CROSSING BUILDING "A-1" CONDOMINIUM ASSOCIATION C/O JANE RAY 690 BERKMAR CIRCLE CHARLOTTESVILLE, VA 22901 TABLES AND NOTES SHEET 5 OF 6 BLOCK A-2 TMP 61M-14-1A THRU 1D TMP 61M-14-2A THRU 2E TMP 61M-14-3A THRU 3D: BERKMAR CROSSING BUILDING "C" CONDOMINIUM ASSOCIATION C/O JANE RAY 690 BERKMAR CIRCLE CHARLOTTESVILLE, VA 22901 BLOCK F-1 TMP 61M-13-1Fl THRU 1F5: BERKMAR CROSSING BUILDING "F-l" CONDOMINIUM ASSOCIATION C/O LAWRENCE L. CRITZER 661 BERKMAR COURT CHARLOTTESVILLE, VA 22901 LINC 9 - \LN SURVEYING a Innovation. Integnty. Vision. 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 106013300JREV-SUB 19274.PRO 106-0133-00 DEED BOOK 4928 P. 61 PLAT LAND AREA OPEN SPACE SWM EASEMENT ACSA EASEMENT (ACRES) (ACRES) (SQ FT) (SQ FT) LOT 1 1.232 - 15,018.34 4,486.88 LOT 2 1.017 - 15,289.45 8,236.67 LOT 3 0.503 5,150.79 1,816.97 LOT 4 0.774 0.592 22,665.81 13,884.32 LOT 4A - - - - LOT 5 4.685 0`.321 56,473.52 22,876.63 LOT 6 - - - - LOT 6A DEED BOOK 5051 P, 627 PLAT LAND AREA OPEN SPACE SWM EASEMENT ACSA EASEMENT (ACRES) (ACRES) (SQ, FT) (SQ FT) LOT 1 1.232 - 15,018.34 4,486.88 LOT 2 0.993 - 15,289.45 8,236.67 LOT 3 0.527 - 7,917.59 1,816.97 LOT 4 0.661 0.127 9,831.10 6,940.12 LOT 4A 0.2 0.2 8,698.09 - LOT 5 4.685 0.321 56,473.52 22,876.63 LOT 6 0.272 0.189 2,163.76 2,697.72 LOT 6A 0.234 0..076 1,971.88 4,246.48 CURRENT PLAT LAND AREA OPEN SPACE SWM EASEMENT ACSA EASEMENT (ACRES) (ACRES) (SQ FT) (SQ FT) LOT 1 1.2075 - 15,018.34 4,486.88 LOT 2 1.0175 15,289.45 8,236.67 LOT 3 0.527 7,917.59 1,816.97 LOT 0.661 - 11,584.34 5,561.40 LOT 4A 0.2 0.2 8,698.09 - LOT S 4.685 0.321 57,534.65 220876.63 LOT 6 0.272 0.189 2,163.76 2,697..72 LOT 6A 0.234 0.076 1,971.88 4,246.48 LOT / PARKING / BUILDING REGULATIONS LOT FRONT FRONT SIDE SIDE REAR REAR MAX' BLOCK WIDTH BUILDING PARKING BUILDING PARKING BUILDING PARKING MINT MAX BUILDING` SETBACK SETBACK SETBACK SETBACK SETBACK SETBACK SETBACK STORIES (min.) (min.) (min.) (min.) (min.) (mina (min.) 1 j 125` 30' 15' 0' of 4 30' 0' 1 /3 65` II 125` 30' 15' 0' 0' 4 30` 1Y 1 /3 65' 111 129 76 1 U 4 5' 0' 0' 6 113 65' IV 16` 20' 0'1 6' 611 10` 5111 1 /3 1 65' V 50' 70' 0' 110, 10.12 1 0' 5' 1 /3 165' RESTRICTIONS / REQUIREMENTS f NOTES ASSOCIATED WITH THE STANDARDS ABOVE: 1 Regulations established above are based upon an Assisted Living Facility development in general accord with ZMA-201600015 "Scenario A" Concept. 2 Refer to the Code of Development in ZMA-201600015 for detail on the Permitted Uses. 3. Buildings will have a Q' setback along interior streets, roads... access easements or lot lines. 4 A 4 setback shall be enforced from any Interior access easement. 5. Attached units with common walls will have a 0' Side Building Setback. Side Building Setbacks apply to exterior end units. 6 Curb and gutter may fall into all parking setbacks 7 All roads are private with public access easements as shown over them. 8_ Architectural features and overhangs may encroach into Building Setbacks up to four feet (4 ) 9. Parking setbacks shown are only for parking lots with five () or rnore spaces. 10 Subterranean parking shall not be considered a building story. 11, The turnaround` areas, curb and gutter of parking lots in Block IV may encroach into Parking Setbacks but may not be closer than two feet from any exterior parcel boundary. 12. The Side Parking Setback to interior lot lines in Block V is zero feet (0'). DETAIL B 1"=20' Pi or TS12- S �G' L., U �66 5 i % U N LOT 4 S35 LOT 5 A TABLES AND NOTES SHEET 6 OF 6 LINK" LN SURVEYING P Innovation. Integrity. Vision, 632 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 OFFICE: 434-974-1417 106013300JREV-SUB_19274.PRO 106-0133-00 Exhibit C Allocation of Votes Class "A" Members will be entitled to the number of votes as follows: a. Owners of Lots shall be entitled to votes as follows: i. For retail space, 2.65 votes for every 1,000 square feet of gross floor area of retail space therein for which a certificate of occupancy has been issued; ii. For office space, 0.30 votes for every 1,000 square feet of gross floor area of office space therein for which a certificate of occupancy has been issued; and iii. For apartment buildings, .33 votes for every apartment unit therein. b. Owners of Lots for which Plans have been approved by the Architectural Review Board but for which no certificate of occupancy has yet been issued for any Buildings constructed thereon shall be entitled to twenty-five percent (25%) of the vote or votes to which they shall become entitled to once a certificate of occupancy is issued based on the Plans as approved by the Architectural Review Board up to a maximum number of votes per Lot equal to five (5%) of the total outstanding Class "A" votes. C. Owners of Lots for which Plans have not yet been approved by the Architectural Review Board and for which no certificate of occupancy has yet been issued for any Buildings constructed thereon shall not be entitled to any Class "A" votes. 43 Exhibit D Allocation of Assessments A. Allocation of Assessments among Types of Lots. Assessments levied upon Lots in accordance with this Declaration shall be allocated among the Owners of Lots in accordance with the Budget adopted by the Board pursuant to Article IX of this Declaration and the Bylaws. The Budget shall state what percentage of each Line -Item expense comprising an Assessment shall be paid by the Owners of Lots broken down in accordance with various Use -Categories as determined by the Board. The initial Line -Item expenses ("Line -Items") and the initial allocation of such Line -Items among the Use -Categories is set forth on Exhibit D-1 attached hereto and made a part hereof. B. Allocation of Line -Items among Owners of identical Lot Types: Determination of Equivalent Units. Line -Items levied upon Lots in accordance with this Declaration shall be allocated to a Lot based upon the number of "Equivalent Units" assigned to a particular Lot relative to all other Lots of the same Use -Category. The number of Equivalent Units assigned to each Use -Category shall be determined as follows: Each Lot is assigned Equivalent Units, or fractions thereof, as follows: Owners of Lots shall be assigned Equivalent Units as follows: a. For retail space, 1 Equivalent Units for every 300 square feet of gross floor area of retail space therein for which a certificate of occupancy has been issued, or if no certificate of occupancy has yet been issued, then as shown on the Plans approved by the Architectural Review Board; b. For office space, 1 Equivalent Unit for every 300 square feet of gross floor area of office space therein for which a certificate of occupancy has been issued, or if no certificate of occupancy has yet been issued, then as shown on the Plans approved by the Architectural Review Board; and C. For apartment buildings, 1 Equivalent Unit for every apartment unit for which a certificate of occupancy has been issued, or if no certificate of occupancy has yet been issued, then as shown on the Plans approved by the Architectural Review Board; C. Calculation of Assessment. The percentage of a particular assessment to be levied on each Lot shall be computed by multiplying the total amount of the Line -Item to be assessed by a fraction, the numerator of which is the Equivalent Units assigned to such Lot as provided above and the denominator of which is the total Equivalent Units assigned to all Lots of that same Use - Category. D. Computation by Board. The number of Equivalent Units and resulting percentage for allocation of Assessments shall be computed annually by the Board of Directors as of a date which is not less than sixty (60) days prior to the beginning of each fiscal year. Notice of the Equivalent Units for each Lot shall be sent to each Owner together with the annual notice of Assessments. Any change in the Equivalent Units for a Lot, whether through change in use, size or otherwise, shall be effective as of the new fiscal year, regardless of when during the then current fiscal year such change occurred. E. Upon the Annexation of Additional Land to this Declaration between annual cutoff dates for computation of Assessments, the Board shall re -compute assessment percentages for each Lot; however, no adjustments need be made in any Assessments previously levied to reflect such re -computation. 45 Exhibit D-1 Line -Items and Allocation among Use -categories Line -Items Apartments Retail and Office Landscape see note #1) Sidewalks see note #2) Parks, playgrounds Entrance Features (including monument sign on Rio Road) Parking Garage 100.0% 0.0% Street Signs Community Fund Marketing Stormwater see note #3 Snow removal/salt for roads and sidewalks (see note #4 Pole lights/Electricity (see note #5 Notes: 1. The Association shall be responsible for landscaping maintenance costs for the Property other than Lot 4, which shall be responsible for landscaping maintenance costs for its parcel. The Association will maintain the large oak trees on Lot 5 as required by the Site Plan and will bill the Lot 5 owner for such maintenance cost. 2. As set out in Article II, sidewalks are Common Area, and, as set out in Section 11.11, a public easement has been granted over all sidewalks in the development. The Association is responsible for maintaining all sidewalks other than those in Lot 4; the owner of Lot 4 shall be responsible for the maintenance of the sidewalks within its parcel. The Lot 5 owner shall be responsible for maintaining all sidewalks on Lot 5. 3. The concrete pavers installed in Eckerson Court from Nichols Court to the Lot 4 boundary line shall be maintained by the Association. Concrete pavers installed on Lot 4 shall be the responsibility of the owner of the lot (which may enter into an agreement with the Association for maintenance). 4. The Emergency Access road is surfaced with grass pavers. The Association shall be responsible for maintaining the Emergency Access road from Rio Road to Eckerson Court; the owner of Lot 5 will be responsible for maintaining that portion of the Emergency Access road on its property (Lot 5). The owner of Lot 5 may enter into a road maintenance agreement with the Association for maintaining that portion of the emergency access road on Lot 5. All other roads and sidewalks shall be maintained (including salting and snow removal) by the Association except those on Lots 4 and 5, which shall be maintained by the respective lot owners. 5. The Association shall maintain all pole lights and pay for the electricity for the street lighting within the Common Areas. Lighting on Lot 5 is on its own circuit and shall be the sole responsibility of the Lot 5 owner. 46