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Home My WebLink AboutSUB202000031 Agreements 2020-06-24Tax Map Parcels 03200-00-00-006R0, 03200-00-00-006A2, 03200-00-00-019G0, 03200-00-00-019J0, and 03200-00-00-019J1 Prepared by Robert J. Kroner (VSB #18682), 418 E. Water Street, Charlottesville, VA 22902 AMENDED AND RESTATED SUPPLEMENTAL DECLARATION AND PRIVATE STREET MAINTENANCE AGREEMENT This AMENDED AND RESTATED SUPPLEMENTAL DECLARATION AND PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement') is made this 1844` day of `�o(he 2020, by UNIVERSITY OF VIRGINIA FOUNDATION, a Virginia non -stock corporation (hereinafter, the "Declarant," and both "Grantor" and "Grantee" for indexing purposes) whose address is: P.O. BOX 400218, Charlottesville, Virginia 22904-4218.This Agreement amends and restates in its entirety the Supplemental Declaration and Private Street Maintenance Agreement dated August 24, 2017, recorded in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Boole 4957, page 705. Recitals R-L University of Virginia Research Parks, Inc., was the Declarant under that certain Declaration of Covenants, Conditions, and Easements dated January 1, 1999, of record in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 1819, page 434 (the "Declaration"). University of Virginia Foundation is successor, by merger, to University of Virginia Research Parks, Inc. R-2. Pursuant to the provisions of Article III of the Declaration, the Declarant reserved the right, in its sole discretion, to make Supplemental Declarations to subject the Property, or portions of the Property, to Supplemental Declarations containing such covenants, restrictions and easements as Declarant, in its sole discretion may determine. R-3. Declarant is the owner of the parcels of land designated in the land records of Albemarle County as Tax Map Parcel 32-6R, Tax Map Parcel 32-19G, Tax Map Parcel 32-19J and 32-19J, and Tax Map Parcel 32-6A2. R-4. The plat by Roger W. Ray & Assoc., Inc., dated January 24, 2020, last revised March 12, 2020, a copy of which is attached hereto and incorporated by this reference (hereinafter the "Plat'), adjusts the boundary lines of certain of the foregoing tax parcels. The parcel shown on the Plat as "Revised T.M. 32-19G 4.77 +/- Acres" is known as "Town Center L" The Parcel shown on the Plat as "T.M. 32-19J" is known as "Town Center IL" The Parcel shown on the Plat as "T.M. 32-19J1 (4.67 +/- Acres)" is known as "Town Center III." The parcel shown on the Plat as "Revised T.M. 32-6A2 7.11+/- Acres" is known as "Town Center IV" R-5. The Plat shows certain existing and new fixed and variable width private street easements and certain existing and new private drainage easements and private storm easements R-6. Declarant submits the Plat to record in order to confirm the boundary line adjustments shown on the Plat. R-7. In order to provide for the maintenance and repair of the private roads providing access to Town Center I, Town Center II, Town Center III, and Town Center IV from Lewis & Clark Drive, a state road, and the Storm Water Easements (as hereinafter defined), Declarant desires to subject to the covenants, restrictions, easements, charges and liens hereinafter set forth, the Town Center I parcel, Town Center Ir parcel, Town Center III parcel, and Town Center IV Parcel, all as shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby declares that Town Center I, Town Center II, Town Center III, and Town Center IV will be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens set forth in the Declaration, as the same may be amended or supplemented from time to time, which are for the purpose of protecting the value and desirability of and which will run with the real property submitted by this Supplemental Declaration to the Declaration, and which will be binding on all parties having any right title or interest in the described properties or any part thereof, their heirs, successors, successor -in -title and assigns, and will inure to the benefit of each owner thereof. Further, Declarant hereby imposes upon, and for the the benefit of the owners of Town Center I, Town Center II, Town Center III, Town Center IV and TMP 32-6R storm water easements and drainage easement in the areas shown on the Plat and labeled as "New 20' Private Drainage Easement," "Existing Private 20' Drainage Easement," "Existing 20' Drainage Easement," "Existing Private 20' Drainage Easement (Private)," "Existing 20' Storm Easement (Private)," "Existing 20' Storm Easement," "Existing Private 20' Storm Easement," "(collectively, the "Storm Water Easements"), for the discharge of storm water through the pipes located or to be located in the Storm Water Easements. Declarant hereby designates the Storm Water Easements as Common Areas as such term is defined in the Declaration. The Storm Water Easement will be maintained by the Association as provided in the Declaration. Further, Declarant hereby imposes upon, and for the benefit of the owners, tenants, guests, and invitees of, Town Center I, Town Center lI, Town Center III, Town Center IV, and TMP 32-6A non-exclusive access easements for ingress from and egress to Lewis and Clark Drive in the areas more particularly shown on the Plat as "Research Park Blvd. (66' Shared Driveway Easement),", "47.1 & Variable Width Private Street Esmt.," "New 29' & Variable Width Private Street Esmt.," and "29' & Variable Width Private Street Esmt." (collectively, the "Streets"). Declarant hereby designates the Streets as Common Areas as such term is defined in the Declaration. The Streets will be maintained by the Association as provided in the Declaration. The Streets will be maintained as follows: MINIMUM STANDARD: The Streets will be maintained with a base of pavement, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway will at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. MAINTENANCE: For purposes of this instrument, "maintenance" includes the maintenance of the Streets, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the Streets reasonably open for usage by all vehicles, including emergency services vehicles. The term "to maintain," or any derivation of that term, includes the maintenance, replacement, reconstruction, and correction of defects or damage. COST OF MAINTENANCE: Declarant will initially be responsible for the cost of the maintenance of, and or repair to, the Streets. Upon formation of the Association described in the Declaration, the cost thereof will constitute a proper cost of the Association to be allocated among the members of the Association as provided in the Declaration, as amended and supplemented from time to time. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Streets, any further construction, maintenance, or repair will be undertaken when the Declarant determines that a Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. Notwithstanding the foregoing, upon formation of the Association described in the Declaration, the cost thereof will constitute a proper cost of the Association to be allocated among the members of the Association as provided in the Declaration, as amended and supplemented from time to time. DEFAULTING OWNER(S): If any owner fails to pay its proportionate share of the costs of maintenance or repair for which such owner is responsible, as provided hereinabove, any other owner not in default, or the person or corporation performing such maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay its proportional share of maintenance or repair. The amount due by any delinquent owner will bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent owner will be liable to pay all costs of collection, including reasonable attorney's fees. Notwithstanding the foregoing, upon formation of the Association described in the Declaration, collection of regular and special assessments will be the responsibility of the Association in accordance with the provisions set forth in the Declaration, as amended and supplemented from time to time. Further, Declarant hereby vacates the easements identified on page 2 of the Plat in the areas shown as "Portion of Existing 20' Storm Easement (Private) (D.B. 4957-694 Thru 700B Plat) Hereby Extinguished" and "Portion of Existing 66' Private Street Easement (D.B. 3792-300 & 301 Plat & D.B. 4957-694 Thin 700B Plat) Hereby Vacated" on Sheet 6 and 7 of the Plat. It is the intention of the Declarant that the easements granted herein will not merge with title to the property encumbered/benefftted herein in the event title to the dominant and servient estate are held by the same person and/or entity. IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration and Private Street Maintenance Agreement to be executed on its behalf by its duly authorized agent. UNIVERSITY OF VIRGINIA FOUNDATION By: Tim R. Rose, Chief Executive Officer COMMONWEALTH OF VIRGINIA AT LARGE CI33f/COUNTY OF W 6 mtx t- l P, , to -wit: The foregoing Supplemental Declaration and Private Street Maintenance Agreement was acknowledged before me this \�- " day of 75u n e_, , 2020, by Tim R. Rose, Chief Executive Officer, University of Virginia Foundation, a Virginia non -stock corporation, on behalf of the corporation. Notary Publ' "RY J BREDQ4R My commission expires: 1 - 31-'2,p2 O NOTARY'PUBhIC REG:N78T90Ai Notar re istration number: COMMONWEALTH OF, VIRGINIA 5' g MY COMMISSION EXPIRES iSEC.31, 2020