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Home My WebLink AboutSUB201700161 Supplemental Declaration of Covenants and Restrictions of Old Trail 2018-01-18 I • .3 201800002769.001 VIRGINIA LAND RECORD COVER SHEET RECORDED IN • • FORM A-COVER SHEET CONTENT. _ . . Insirument Date: 1/1812018 glEBIOE_GBQUI Instrument Type: DEC AWEM jAgNLERc.IvizOuU:N2T0Y,,V2Aoi FILED . . Number of Parcels: 1 Number of Pages: 4 01 1 50p2 [:1 City Dai County OOK ALBEMARLE 0441 START PAGE :T207m4 TAX EXEMPT? VIRGINIA/FEDERAL LAW END PAGE 0448 [ ]Grantor: [ ]Grantee: Consideration: $0.00. TOTAL NUM PAGES Existing Debt: $0.00 1NST# 20180000207060: EMJ Actual Value/Assumed: $0.00 . . PRIOR INSTRUMENT UNDER§58.1-803(D): • • • . • -Original Principal: $0.00 •Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: • Original Page Number: Original Instrument Number: Prior Recording At:[ ]City pq County . ALBEMARLE Percentage In This Jurisdiction: 100% BUSINESS/NAME .- 1 D.1 Grantor: MARCH MOUNTAIN PROPERTIES LLC . [ ]Grantor: 1 Ix Grantee: MARCH MOUNTAIN PROPERTIES LLC [ ]Grantee: GRANTEE ADDRESS - Name: MARCH MOUNTAIN PROPERTIES LLC Address: 1005 HEATHERCROFT CIRCLE SUITE 100. City: CHARLOTTESVILLE. : State: VA Zip Code: 22932 Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 055E0-01-35-000D0 Tax Map.Number: SAME • Short Property Description: BLOCK 35D OLD TRAIL VILLAGE Current Property Address• : - City: CROZET State: VA Zip Code:• 22932 Instrument Prepared By: WOODS ROGERS PLC Recording Paid By: WOODS ROGERS PLC Recording Returned To: WOODS ROGERS PLC Address: 123 EAST MAIN STREET 5TH FLOOR City: CHARLOTTESVILLE State: VA Zip Code: 22902 • • .4 i. 1 I I 1111111/1116 i lit I,I/ • I I I 11'11 1 I I. I. ifi 1 I I I I di/ 8 1 • 1 .11 FORM CC-1570 .Rev:7/15 Page 1 of 1 Cover Sheet A §§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. • • 201800002769.002 . • Albemarle County Portion of TMP#055E0=01-35-000D0 PREPARED BY: Woods Rogers PLC • SUPPLEMENTAL DECLARATION OF:COVENANTS AND RESTRICTIONS OF OLD TRAIL . THIS SUPPLEMENTAL:,DECLARATION:("Supplemental Declaration") is made this 181h day of.January 2018, by MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia :limited liability company (the "Company"), a Grantor and Grantee for indexing purposes, whose address is1005,Heathercroft Circle,Suite 100, Crozet,Virginia 22932. WITNESSETH: WHEREAS, the Company and Old Trail Community Association, Inc., a Virginia non- stock corporation (the "Association"), executed a Declaration of Covenants and Restrictions of Old Trail dated December 10, 2004, which is of record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia(the "Clerk's.Office") in Deed Book 2887,page 336 (as amended and supplemented from time to time,the."Declaration"); WHEREAS, Article II, Section 2 of the Declaration provides that the Company has the right, without further consent of the Association or any Owner (as such term is defined in the Declaration), to bring within,the plan and operation of the Declaration additional property by recording a supplementary declaration, which may contain such complementary additions and/or modifications of the covenants and restrictions contained in the Declaration as may be necessary or convenient, in the sole judgment of the Company, to reflect the deferent character of the added • ..properties. WHEREAS, the Company is the owner of those certain lots and parcels Of land shown on the recorded plat described herein(the"Plat"). WHEREAS, by filing this Supplemental Declaration, the Company desires to impose upon the property shown on the Plats the covenants and restrictions of Old Trail set forth in the Declaration, subject however to the modifications provided for herein; and WHEREAS, capitalized terms not defined herein shall have the meaning set forth in the Declaration. NOW THEREFORE, the Company hereby declares and covenants as follows: Pursuant to Article II, Section 2 of the Declaration, the Company 'hereby brings the following described property within the plan and operation of the Declaration as an addition to (2281742-1,112880-00001-03) 201800002769.003 the.Existing Property, as described in the Declaration and subject to the modifications to the covenants and restrictions contained in the Declaration as provided for herein (the "Subject Property"): • That certain subdivision plat dated October 5, 2017, last revised January 17, 2018, made by Roudabush, Gale & Associates, Inc entitled "Subdivision Plat Old Trail Village Block 35D White Hall Magisterial District Albemarle County, Virginia," • which plat is attached hereto and recorded herewith. Amendment to Article VII of the Declaration The Company declares that with regard to,the Subject Property Article VII, Section 9 of the Declaration is hereby.amended to provide that the Company reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right, on, over and under the Subject Property to erect, maintain and use cluster mailbox units and associated equipment, lighting and other improvements, as well as road signs and other signage, on, in and over those portions of the Subject Property as may be reasonably.determined by the Company, its successors and assigns. The Company further declares that the United States Postal Service (the "USPS") and each Owner assigned a cluster mailbox unit by the USPS shall have an easement of ingress and egress over the Subject Property to access the cluster mailbox units. Amendment to Article IX of the Declaration The Company declares that, with regard to the Subject Property, Article IX, Sections 5(b) .and 5(c) of the Declaration are hereby deleted and restated in their entirety as follows: • (b) No structure,except as hereafter provided, shall be erected, altered, placed or permitted to remain on a Single Family Lot or Villa Home Site other than one (1) detached dwelling and one (1) small accessory building of not more than two and one-half(2.5) stories, which may include a detached private garage with a second story office. or other living space, provided the use- of such • accessory building does not overcrowd the Property, as determined by the Company in its sole and uncontrolled discretion; and provided, further, that such detached dwelling and such small accessory building are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building. .The Company, its successors and assigns, shall have the' right to permit Lots to contain one.'(1) accessory dwelling unit in addition to the primary dwelling unit, which assessor dwelling unit may be rented or leased but only for residential purposes (each an • "Accessory Unit"). - (c) If a Lot is not permitted to have an Accessory Unit pursuant to Section 5(b) above, then a guest suite or'like facility without a kitchen may be included as part of the main dwelling or accessory building on any Singe Family Lot or Villa Home Site, but such suit may not be rented or leased except as part of {2281742-1,112880-00001=03} 2 • 201800002769.004 • • the entire premises including the main dwelling; and provided, however, that such suite would not result in overcrowding the Property, as determined by the Company in its sole and uncontrolled discretion. If a Lot is permitted to have an Accessory Unit pursuant to Section:5(b) above, then such Accessory Unit may have a kitchen and may be rented or leased for residential purposes as part of or separately from the primary dwelling unit; The Company declares and ratifies that the Subject Property is and shall be held, transferred, sold, conveyed, given,donated, leased, occupied and used subject to the Declaration,. as modified and supplemented by this Supplemental.'Declaration; provided, however that no . amendment, supplementation or modification to the Declaration that contradicts the terms and provisions of this Supplemental Declaration shall be effective as to the:Subject Property without the written consent.of the Company, its successors or assigns. If there is any conflict between the terms and provisions of the Declaration and the terms and provisions of this Supplemental Declaration,this Supplemental Declaration shall control as to the Subject Property. • SIGNATURE PAGE IMMEDIATELY FOLLOWS • • • • • • {2281742-1,112880-00001-03) 3 201800002769.005 WITNESS the following signature and seal: MARCH MOUNTAIN PROPER S,L.L.C., a Virginia li ited liability co pa By: Name: Title: Manager • COMMONWEALTH OF.VIRGINIA CITY/COUNTY OF A.19,241-iicz.w/e to-wit, u� The forego�nng instrument was acknowledged before me this 10 day of January 2018, by ' .S Ir. as Manager of March Mountain Properties, L.L.C., a Virginia limited liability company: 41.4 il/q/ej/ Notary Public My Commission Expires: /O/3/Ia / Commission No.: C r 3 CATHERINE H. FITZGERALD • NOTARY PUBLIC REG.#252832 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31.2021 {2281658-1,112880-00001-03' A 201800002769.008 INSTRUMENT#201800002769 RECORDED ALBEMARLE CO CIRCUIT COURT CLERKS OFFICE Mar 20,2018 AT 01:27 pm JON R.ZUG,CLERK by EMJ BOOK 05024 PAGE 0441-00448