HomeMy WebLinkAboutSP202000016 Plat 2020-08-18BKi914PGO456
015287
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR PARKSIDE VILLAGE
This Declaration, is made this r day of November, 2000, by Weather Hill Homes
Ltd., a Virginia corporation, (the "Developer").
W ITNESSETH:
The Developer is the owner of certain real property located in Albemarle County,
Virginia, known as Tax Map 56, Parcels 57A and 57A(1), and the Developer desires to create
thereon a subdivision known as "Parkside Village".
In furtherance of its creation, the Developer wishes to subdivide said property and
subject the subdivided parcels to the covenants, conditions, and restrictions provided for herein.
NOW THEREFORE, the Developer declares that the property shown on the
subdivision plat attached hereto titled "Subdivision Plat Parkside Village Phase I", dated
September 11, 2000, and prepared by Roudabush, Gale & Associates (the "Plat"), is subject to
the provisions of this Declaration and to such supplementary covenants, conditions, and
restrictions as may be hereafter imposed upon such real properties pursuant to the provisions of
this Declaration.
ARTICLE I - DEFINITIONS
The following words, when used in this Declaration (unless the context shall
prohibit) shall have the following meanings:
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Section 1.01 "ASSESSMENTS" shall mean and refer to collectively, to the
extent applicable to any lot or parcel, to the charges, fees, and lien of Community Assessments
and Damage Assessments.
Section 1.02 "ASSOCIATION" shall mean and refer to the Parkside Village
Homeowner's Association, Inc., a Virginia non -stock corporation.
Section 1.03 "BOARD OF DIRECTORS" shall mean and refer to the duly
elected Board of Directors of the Association.
Section 1.04 "BYLAWS" shall mean and refer to the duly adopted corporate
Bylaws of the Association as the same may be amended from time to time.
Section 1.05 "CERTIFICATE OF TERMINATION OF INTEREST IN
PARKSIDE VILLAGE" shall mean and refer to a certificate recorded among the land records
of Albemarle County, Virginia, by the Developer which certifies that the Developer has
terminated its interest as Developer in Parkside Village.
Section 1.06 "COMMON PROPERTIES" shall mean and refer to all real
property, and improvements thereon, and all personal property owned by the Association, or in
which the Association has a leasehold interest, license, or other interest therein, or over which the
Association has an easement for maintenance. Common Property shall include, but not be
limited to, sidewalks, Indigo Alley, and all common open space tracts shown on the Plat.
Section 1.07 "COMMUNITY ASSESSMENTS" shall mean and refer to those
assessments imposed upon Lots for Parkside Village purposes pursuant to the provisions of this
Declaration, or any supplementary Declaration.
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Section 1.08 "DECLARATION" shall mean and refer to the covenants,
conditions, and restrictions and all other provisions herein set forth in this entire document, as
may from time to time be amended or supplemented.
Section 1.09 "DEVELOPER" shall mean and refer to Weather Hill Homes Ltd.,
a Virginia corporation, and its successors or assigns; provided, however, that no successor or
assignee of the Developer shall have any rights or obligations of the Developer hereunder unless
such rights and obligations are specifically set forth in the instrument of succession or
assignment or unless such rights and obligations pass by operation of law. In the event that
another entity other than Weather Hill Homes Ltd. comes to stand in the same relationship to the
Parkside Village development as Weather Hill Homes Ltd., that entity shall hold and possess the
same rights and obligations as if it were originally named in this Declaration as the Developer.
Section 1.10 "FOUNDING DOCUMENTS" shall mean and refer to the Articles
of Incorporation of the Association, this Declaration, supplementary Declarations, and the
Association's Bylaws, all as initially drawn by the Developer and filed and recorded, as the case
may be, and all as may be duly amended from time to time.
Section 1.11 "GOVERNING DOCUMENTS" shall mean and refer, collectively
and severally, to the Founding Documents and rules and regulations as such may be amended
from time to time.
Section 1.12 "INDIGO ALLEY" shall mean and refer to that access easement
shown on the Plat as "Indigo Alley"
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Section 1.13 "LOT" shall mean and refer to any plot of land numerically
designated and shown or described on any recorded plat within the real property which is subject
to this Declaration, with the exception of the Common Properties.
Section 1.14 "MEMBER" shall mean and refer to all those Owners of Lots, as
herein defined, who are members of the Association in accordance with Articles III and VI of this
Declaration, to the Developer for so long as it is a Member, whether or not it is an Owner at any
given point in time.
Section 1.15 "OWNER" shall mean and refer to the record Owner whether one
or more persons or entities, including the Developer, of the fee simple title to any Lot.
Section 1.16 "PARKSIDE VILLAGE" shall mean and refer to all real property
which is hereby subjected to this Declaration.
Section 1.17 "ROADS" shall mean and refer to the roads and streets located in
Parkside Village and designated on the Plat by name. Roads are dedicated on the Plat to public
use and shall be maintained by the Virginia Department of Transportation (herein "VDOT").
Section 1.18 "SUPPLEMENTARY DECLARATION" shall mean and refer to
any Declaration of Covenants and Restrictions which may be recorded by the Developer which
extends the provisions of this Declaration to additional real property; which imposes additional,
modified, supplementary, or complimentary provisions, covenants, restrictions, or conditions
upon the real property when subject to this Declaration, as the context may require.
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ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION
Section 2.01 EXISTING PROPERTY. The real property which is shown on the
Plat which will include all of the following:
A. Property owned by Developer;
B. Property owned by the Members of the Association;
C. Property owned by the Association.
ARTICLE III - ASSOCIATION
Section 3.01 ASSOCIATION. The Developer will cause to be incorporated a
corporation known as Parkside Village Homeowner's Association, Inc., a Virginia non -stock
corporation, in accordance with its Articles of Incorporation, to be filed with the Virginia State
Corporation Commission, and its Bylaws. The Association shall have the duties imposed in the
Articles of Incorporation, by Bylaws, this Declaration, and all Supplementary Declarations. The
Association, is, or will become, vested with primary authority and control over all common
properties and is and may become the owner of other real property known as the Common
Properties. The Association is the organization with the sole responsibility to make and collect
assessments from all Owners and the Developer, which assessments will be made in accordance
with Article IV. The Association shall have the right to a lien for the charges and assessments to
which it is entitled in accordance with Article IV of this Declaration.
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ARTICLE IV - COVENANTS AND ASSESSMENTS
Section 4.01 CREATION OF ASSESSMENT LIEN. Recognizing that the
operation and management of the Common Properties results in benefit to all of the Members
and that the payment of such common expenses represented by the Community Assessments
levied and collected by the Association is necessary in order to preserve, operate, manage, and
protect the Parkside Village Properties, the Developer hereby covenants, and each Owner by
acceptance of a deed or other instrument of conveyance therefore, including any purchaser at a
judicial or trustee's sale, whether or not it shall be so expressed in any such deed or other
conveyance, shall be deemed to covenant and agree to pay to the Association:
A. All annual Community Assessments, fees and charges;
B. All special Community Assessments for capital improvements,
major repair and/or extraordinary maintenance and/or other
extraordinary items, including but not limited to, operating deficits
deemed necessary by the Board of Directors which are beneficial to
all or part of the Common Properties;
C. Maintenance Assessments in the event such assessments are levied
pursuant to Section 4.04;
D. Damage Assessments in the event such assessments are levied
pursuant to Section 4.08.
All of the foregoing are collectively referred to herein as "Assessments".
Section 4.02 PERSONAL OBLIGATION OF ASSESSMENTS. Assessments,
together with interest thereon and costs of collection thereof, shall also be the personal obligation
of the person who was the Owner of such Lot at the time when the Assessment first became due
and payable. In the case of co -ownership of a Lot, all of such Co -Owners shall be jointly and
severally liable for the entire amount of the Assessment. All purchasers of Lots, by acceptance of
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an instrument of conveyance, waive on behalf of themselves, their successors and assigns, all
rights to any homestead exemption under the laws of the Commonwealth of Virginia with respect
to their personal obligation for the payment of Assessments and to the enforcement of the lien for
Assessments. The personal obligation for all unpaid delinquent Assessments shall not pass to an
Owner or the Developer, successors in title, unless expressly assumed by such successor in
writing, which assumption must be approved by the Association in writing. The lien for
delinquent Assessment shall remain attached to the Lot until discharged, as provided herein.
Section 4.03 INTEREST ON AND COSTS OF COLLECTION OF
ASSESSMENTS: RIGHT TO ACCELERATE. The lien for Assessments provided for in
Section 4.01 shall also secure all Interest and Costs of Collection, including a reasonable
attorney's fee, whether suit be brought or not, which may be incurred by the Association, in
enforcing said lien. Any Assessment which is not paid when due shall bear interest from the date
when due until paid at 15% per annum or the highest rate allowable by law. In the event that any
Member is more than 45 days delinquent in the payment of any Assessment, the Association is
hereby granted the right and power to accelerate the balance of the calendar year's Assessments
and to consolidate said balance with any delinquent amount.
Section 4.04 PURPOSE OF ANNUAL COMMUNITY ASSESSMENTS. All
annual Community Assessments levied by the Association and any other community revenues
received by the Association shall be used exclusively to promote the benefit of the Owners of
Lots, their guests and invitees; to promote the health, safety, and welfare of the Members; to
establish a residential community for the maximum benefit and enjoyment of all Owners; and in
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particular, to acquire, lease, improve, purchase, construct or reconstruct, repair or replace,
maintain and operate the Common Properties.
Section 4.05 BASIS FOR ANNUAL COMMUNITY ASSESSMENTS. For
annual Community Assessment purposes their shall be three classes of assessable units, all of
which shall be assessed at a uniform rate within each class.
Class I: All residential units and undeveloped lots shall be assessed at
100% of the general assessment rate, except as set forth below.
Class II: All residential units for which a certificate of occupancy has been
issued by Albemarle County, Virginia but which have never been
occupied and are still owned by the Developer shall be assessed at
25% of the general assessments rate, commencing 30 days after
issuance of the certificate of occupancy.
Class III: All Lots owned by the Developer which have not been developed
to the level of the Class II provision, or have not been conveyed to
a purchaser, shall be assessed at 10% of the general assessment
rate.
Section 4.06 SPECIAL COMMUNITY ASSESSMENTS. The Association
may levy in any assessment year one or more Special Community Assessments for the following
purposes:
A. Construction or reconstruction, repair or replacement of capital
improvements upon the Common Properties, including the
necessary fixtures and personal property related thereto;
B. For additions to the Common Properties;
C. To provide for the necessary facilities and equipment to offer the
services authorized herein;
D. To repay any loan made to the Association to enable it to perform
the duties and functions authorized herein; and
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E. To provide for any operational deficits or other extraordinary or
unbudgeted items.
Nothing contained in the section shall preclude the Association from paying or
providing funds for any of the purposes in Sub -paragraphs (A) through (E), inclusive, from
annual Community Assessments. Such Special Assessments shall be levied against all Members
at the rate of Assessment approved by the Board of Directors, which rate shall be equal within
the Classes of Assessment set forth in Section 4.05. For as long as the Developer is a Member of
the Association, no Special Community Assessment shall be levied against the Members without
the prior written consent of the Developer.
Section 4.07 RESERVE FUNDS. The Association may establish Reserve Funds
front its regular annual Assessments to be held in reserve in an interest bearing account or in
investments as a reserve for:
A. Acquisition or purchase of Common Properties;
B. Major rehabilitation or major repairs of the Common Properties;
C. For emergency and other repairs required as a result of storm, fire,
natural disaster, or other casualty loss;
D. Initial cost of any new service to be performed by the Association.
Section 4.08 ASSESSMENT FOR DAMAGES OR INJURY TO COMMON
The Board of Directors shall have the right and obligation to assess any
Member for damage or injury caused by such Member, whether as a result of inadvertence or
accident, misfeasance, non-feasance, negligence, or wilful conduct, to the Common Properties,
whether real or personal. For the purposes of this section, any damage caused by the spouse,
children, or other relatives of a Member, any guests, tenants or invitees of a Member, and in the
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case of a Member which is a corporation, trust, partnership, or other entity, any person who is a
shareholder, officer, beneficiary, or partner, etc., as the case may be, of such Member and any
relative of such shareholder, officer, beneficiary, or partner, and their guests, tenants and invitees,
shall be deemed to have been caused by such Member.
Any such Assessment made against a Member pursuant to the provisions of this
Section, shall be made in accordance with the procedures set forth in the Governing Documents,
and shall be payable on demand. The decision of the Board of Directors shall be final and
binding on the Association, the Member, and the Developer.
ARTICLE V - PROPERTY RIGHTS IN THE COMMON PROPERTIES AND LOTS
Section 5.01 MEMBERS EASEMENTS OF ENJOYMENT, AND
COMMON PROPERTIES. Subject to the provisions of this Declaration, the rules and
regulations of the Association, and to the payment of any fees or charges established by the
Association, for certain purposes as set forth in the governing documents of the Association,
every Member and every Member's spouse and children, and every guest of a Member shall have
a right of easement of enjoyment in and to the Common Properties, and such easement shall be
appurtenant to and shall pass with the title of every Lot. Common Properties established for
recreational purposes shall provide passive park activities with improvements such as walkways,
picnic tables, swing sets and benches.
Section 5.02 EXTENT OF MEMBERS' EASEMENTS. The rights and
easements of enjoyment created hereby shall be subject to the following:
A. The right of the Association to borrow money from any lender;
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B. The right of the Association to suspend the rights and easements of
enjoyment of any Member, tenant, or guest of any Member, for any
period during which the payment of any Assessments against such
Member's Lot remain delinquent, and for any infraction or
violation of the provisions of the governing documents;
C. The Board of Directors of the Association shall have the power to
place any reasonable restrictions upon the use of the Common
Properties;
D. The right of the Association to dedicate or transfer to any public or
private utility, utility or drainage easements on any part of the
Common Properties;
E. The right of the Association to prescribe through its rules and
regulations:
Limitations on the number of guest any Member may have
at Parkside Village and restrictions on the rights and
privileges of such guests; and
ii. Limitations on the right of any Member, or any guests,
tenant or family member of a Member to keep any pets in,
or on, any of the Common Properties.
F. The easements created, reserved and otherwise provided for in
Section 5.03 and Section 5.04.
Section 5.03 GENERAL RESERVATION OF EASEMENTS. Except as
limited by any deed, the Developer reserves unto itself, its successors and assigns, a perpetual
and alienable easement and right-of-way above ground and underground through all areas subject
to this Declaration and Supplementary Declaration, whether within the boundaries of Lots or
Common Properties, and excepting only approved building areas, to construct, maintain, inspect,
replace and repair any and all utilities or drainage easements, including but not limited to cable
television, together with the right of ingress and egress to all such facilities and easements for the
construction and maintenance thereof. The easements provided for in this section and in Section
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5.04 shall include the right to cut any trees, brush and shrubbery, make any grading of soil, and
take other similar action reasonably necessary. The rights herein reserved may be exercised by
any licensee of Developer, but shall not be deemed to impose any obligations upon the Developer
to provide or maintain or be responsible for the lapse or temporary interruption of services except
as herein otherwise provided. Any damage to property resulting from the use of the easements
hereby reserved shall be promptly rectified at the expense of the entity responsible for such use.
Section 5.04 SPECIFIC RESERVATION OF EASEMENTS. Without
limiting the general reservation of easements provided for in Section 5.03, each of the following
easements are hereby reserved and otherwise created and conveyed in favor of the Association,
all Members, the Developer, and their respective licensees, invitees, grantees, successors, and
assigns and are covenants and servitude running with the title to land:
A. Utilities: An easement for utilities, as set forth on, or in, any plat,
or any declaration of condominium filed as to all, or any part, of
the Parkside Village properties, or as may be required for utility
services including storm water management, in order to adequately
serve all, or any part of Parkside Village and all improvements
thereon. All utility easements will be centered on as built
improvements.
B. Pedestrians and Vehicular Traffic: An easement for pedestrian
and vehicular traffic over, through, and across the Common
Properties. The easement hereby reserved is for the use of the
general public as well.
C. Alleys: An easement for pedestrian and vehicular traffic over,
through, and across Indigo Alley.
D. Sight Easements: Easements as shown on the Plat for sight
distance requirements for the Roads in Parkside Village.
E. Sidewalks: An easement for pedestrian traffic over, through, and
across the sidewalks shown on the Plat.
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F. Construction: An easement to enter upon, through, and over and
to use any portion of the Common Properties in connection with
any construction in Parkside Village.
G. Inspection: An easement for the benefit of the Association, its
authorized personnel or any employment or agent of the above to
enter upon any Lot to determine compliance by the Owner of such
Lot with the governing documents. Except in the case of
emergencies, the Association shall give the Owner 10 day's notice
of its intent to exercise its rights of inspection.
Section 5.05 OWNERSHIP OPTIONS IN CERTAIN PROPERTIES. The
Declarant, Association, Owners and Members hereby covenant and agree that the open space
tract containing 0.410 acres as shown on the Plat shall be conveyed to the entity that owns and
over sees Claudius Crozet Park, upon request of said entity. This agreement to convey said
parcel shall expire upon the two (2) year anniversary after the date of recording this Declaration
in the Clerk's Office of the Circuit Court of Albemarle County.
The Developer, Association, Members, and Owners hereby covenant and agree,
that those tracts designated on the Plat as "Common Open Space", shall be dedicated to public
use upon the request of the County of Albemarle.
ARTICLE VI - POWERS AND DUTIES OF THE ASSOCIATION
Section 6.01 BOARD OF DIRECTORS. The Board of Directors shall have all
of the powers and duties necessary for the administration of the affairs of the Association and
may do all such acts and things as are not, by the Declaration or by the Bylaws, required to be
exercised and done by the Members of the Association. In addition to the duties imposed by the
Founding Documents or by any resolution of the Association that may hereafter be adopted, the
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Board of Directors shall perform and discharge on behalf of the Association the duties and
powers listed in Section 6.62 hereof.
Section 6.02 POWERS AND DUTIES. The Power and Duties of the
Association shall include, but not be limited to, the following:
A. To provide for the operation, care, upkeep and maintenance of all
of the Common Properties, and the services provided by the
Association;
B. To make, levy, and collect Assessments of any type, in accordance
with the terms and provisions of the Founding Documents;
C. To prepare and adopt an annual community budget;
D. To make and amend rules and regulations, provided that the same
are not in conflict with the Founding Documents;
B. To employ a "managing agent" for the Association at a
compensation to be established by the Board of Directors;
F. To furnish a disclosure statement upon the receipt of a written
request therefore from any Owner as required by law;
G. To borrow money on behalf of the Association, when required, in
connection with the operation, care, upkeep, and maintenance of
the Common Properties;
H. To enforce by legal means the provisions of the governing
documents and act on behalf of the Members with respect to all
matters arising out of any eminent domain proceeding pertaining to
the Common Properties;
To cause an audit to be made annually of the fiscal affairs of the
Association;
J. To obtain and carry insurance against casualties and liabilities,
pay the premiums therefore and adjust and settle any claims
thereunder;
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K. To do and perform all such other acts and things permitted and to
exercise all powers granted to a non -stock corporation under the
laws of the Commonwealth of Virginia as those laws now exist or
as they may hereafter provide.
ARTICLE VII - MAINTENANCE OF PARKSIDE VILLAGE
Section 7.01 MAINTENANCE OF GROUNDS. The Association shall be
responsible for the maintenance and upkeep of the Common Properties and the cost of such
maintenance and upkeep shall be allocated among the Owners as the Association Board of
Directors determines. The Developer shall bear the expense of the initial seeding and
landscaping of the Common Properties.
Section 7.02 MAINTENANCE OF RIGHTS -OF -WAY, WALKWAYS,
SIDEWALKS AND STREET TREES.
A. The Association shall be responsible for the maintenance, repair,
snow removal, upkeep and resurfacing of all driveways and
walkways located on Common Properties.
B. The Association shall be responsible for the maintenance, repair,
snow removal, upkeep and resurfacing of all sidewalks located in
Parkside Village.
C. The Association shall be responsible for the maintenance, repair,
snow removal, upkeep and resurfacing of Indigo Alley.
D. The Association shall be responsible for the maintenance and
replacement of street trees located adjacent to the public streets
within the Road rights -of -way in Parkside Village.
Section 7.03 MAINTENANCE BY AN OWNER. Owners of Lots shall
perform such maintenance; repair and upkeep, and shall keep his Lot and any improvements
thereon in good order, condition, and repair. As to any item of maintenance or repair to the
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improvements on a Lot, the Association may provide such maintenance, upkeep or repair, as in
the opinion of the Board of Directors is required, and the cost thereof shall be assessed against
the Owner of such Lot (maintenance assessments), which will be separate and apart and in
addition to any other Community Assessments imposed in accordance in Article IV of this
Declaration.
Section 7.04 EASEMENT FOR MAINTENANCE. For the purpose of
performing the maintenance on improvements to Lots required, or permitted, by the Founding
Documents within Parkside Village, the Association, through its duly authorized agents or
employees, shall have a permanent non-exclusive easement to enter upon for the purpose of
performing maintenance on such Lot, or any adjacent Lot.
Section 7.05 MAINTENANCE STANDARD. Common Properties shall be
maintained at least to the level of completion that exists at the time bonds held by the County of
Albemarle are released. No public agency, including VDOT and Albemarle County, will be
responsible for maintaining Common Properties.
ARTICLE VIII - MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 5.01 MEMBERSHIP. Every Owner of a Lot or parcel which is subject
to the provisions of this Declaration shall be a Member of the Association. Membership in the
Association shall be appurtenant to, and may not be separated or alienated from, ownership of
Lots. Membership in the Association shall be automatically terminated when a Member divests
himself, or is divested, of all fee ownership interest in his Lot.
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Section 8.02 VOTING. With the exception of the election of the Board of
Directors, whenever a vote of the Members is required by the Founding Documents, the total
number of votes which may be cast shall be equal to the number of residential housing units
permitted in Parkside Village until a certificate of termination of interest is filed by the
Developer in the Clerk's Office of the Circuit Court of Albemarle County. Each Member shall
be entitled to one vote for each Lot owned by said Member. The Bylaws shall control how such
vote may be cast in the event that any Lot is owned by more than one individual or entity.
Section 8.03 ELECTION OF THE BOARD OF DIRECTORS. The Board of
Directors of the Association shall consist of five Members. At each annual meeting of the
Members of the Association the Board of Directors shall be elected. The election of directors
shall be done in accordance with the Bylaws of the Association.
ARTICLE IX - INSURANCE
Section 9.01 AUTHORITY TO PURCHASE. All insurance policies relating to
the Common Properties shall be purchased by the Association. Neither the Association nor the
Managing Agent nor the Developer shall be liable for failure to obtain any coverages required by
this Article or for any loss or damage resulting from such failure if such failure is due to the
unavailability of such coverage from reputable insurance companies, or if such coverages are so
available only at demonstrably unreasonable costs. All policies of insurance shall be written by
reputable companies licensed to do business in the Commonwealth of Virginia.
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Section 9.02 INSURANCE COVERAGE. The Association shall obtain and maintain a
blanket, "all risk" form policy of fire insurance with extended coverage, vandalism, malicious
mischief, windstorm, debris removal, cost of demolition, and water damage endorsements,
insuring and covering the interests of the Association. The Association shall obtain and maintain
comprehensive general liability and property damage insurance in such limits as the Board of
Directors may from time to time determine, insuring the members of the Board of Directors, the
officers of the Association, the Managing Agent, each Owner and the Developer against any
liability to the public or to the Owners arising out of, or incident to, the ownership and/or use of
the Common Properties.
Section 9.03 OTHER INSURANCE. The Board of Directors may obtain and
maintain adequate fidelity coverage to protect against dishonest acts on the part of officers,
directors, trustees, and employees of the Association and all others who handle, or are
responsible for handling funds of the Association, including the Managing Agent.
Notwithstanding any other provisions of this article, the Developer, and not the Association, shall
obtain and pay for the cost of builder's risk insurance and all other insurance on the construction
of the improvements undertaken by the Developer for his own account during the construction
period.
ARTICLE X - ARCHITECTURAL CONTROL
Section 10.01 PURPOSE. An Architectural Review Board C ARB") shall
regulate the external design, appearance, use, location, and maintenance of improvements and
landscaping on Lots. So as to preserve and enhance values, to maintain a harmonious
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relationship among structures and the natural vegetation and topography, and to preserve the
general character and architectural compatibility of Parkside Village as constructed by the
Developer. Improvements constructed or landscaping done by the Developer are not subject to
review or control of the Architectural Review Board until the Lot upon which said improvements
and landscaping are conveyed to an Owner or until a certificate of occupancy is issued for the
improvements constructed by the Developer.
Section 10.02 IMPROVEMENTS SUBJECT TO REVIEW AND
CONTROL. The following shall be subject to review and control by the ARB and may not be
constructed or installed until formal submission to, and approval by, the ARB has been received:
A. All new construction, including additions to existing buildings;
B. All alterations and/or remodeling which will in any way affect an
existing building's exterior;
C. Exterior lighting;
D. Landscaping;
E. Fences and/or walls;
F. Driveways and/or private alleys;
G. Television antennae or dishes;
H. Site grading and/or changes to grade; and
I. Exterior paint colors.
Section 10.03 CRITERIA. All site improvements must meet local and state
jurisdictional criteria, regardless of whether or not they are specifically required or identified by
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these Covenants. All proposed site improvements must be approved by the ARB prior to
obtaining a building permit from the local jurisdiction.
Section 10.04 PROCESS OF APPLICATION.
A. Procedures. Application to the ARB shall be according to the
following procedures:
i. Submit full application, to include a completed forrn in
duplicate, an application fee, and additional submittal
materials required.
ii. Applicant will be informed within seven (7) days of when
and where the ARB review will take place. The applicant's
presence is encouraged, but not required.
iii. The ARB review will occur within thirty (30) days of
submission of the application.
iv. The applicant will be informed of the ARB's decisions and
recommendations within seven (7) days of the ARB review.
V. In the event that resubmittal is required, it shall follow the
same process as the original submittal.
B. Fees. Applications shall be accompanied by a nonrefundable
application fee according to the following rate schedule:
i. One Hundred Dollars ($100) for improvements involving
new construction;
ii. Twenty -Five Dollars ($25) for minor improvements or
changes affecting the property.
iii. Full application fees shall be applied for any resubmittal
which is made more than six (6) months following the
original submission. Resubmittals received prior to six (6)
months shall not require an additional fee.
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C. Form. Application forms shall be completed and submitted in
duplicate, along with the application fee and other required
submittals. Application forms shall be obtained from the ARB.
Three (3) complete sets of documents that describe, in both written
and pictorial format, the desired improvements for which
application is being made, shall be submitted along with the
application.
D. New Construction/Additions. For new construction, including
renovations and/or additions to existing structures, the following
shall be required:
Plot or site plan detailing locations of all structures,
existing and proposed, all landscape improvements,
fencing, decks, or lighting locations, and shall include a
north arrow, dimensions of the lot and the improvements,
and setbacks. The minimum scale shall be one inch = 40
feet, and the scale shall be noted.
ii. Building elevations of 1 /8 inch =1 foot minimum scale
shall be provided. All materials and colors shall be noted
on the elevations along with the name, address, and
telephone number of the architect.
iii. For new fence installations, a drawing shall be submitted
that includes a partial elevation of a typical fence section,
and elevation of typical gate, and a cross-section indicating
the construction of the fence. The drawing shall also
include color and size.
Section 10.05 ARB MEMBERSHIP. The ARB shall consist of three (3)
Members appointed by the Association Board, and the terms of office shall be three (3) years,
with appointment of one (1) new Member each year.
ARTICLE XI - GENERAL USE RESTRICTIONS
Section 11.01 RESIDENTIAL USE. No lot shall be utilized for the conduct of
any commercial or professional enterprise of any kind unless such use has been approved by the
21
lZa
6K 191�,PG0411
Board of Directors, and, for as long as the Developer is a Member, by the Developer; and such
use complies with the zoning ordinance of Albemarle County, Virginia. Subject to the preceding
sentence. all residential units shall be utilized exclusively for single-family residential living
units and for no other purposes. A "single-family residential living unit" is defined as a
residence of one or more persons who are related by blood, marriage, or adoption, or who reside
together as a single housekeeping unit.
Section 11.02 NUISANCES. Nothing shall be done on, or in, any residential
unit which may be, or may become, an annoyance or nuisance to the Association or any of its
Members. In the event of any question as to what may be, or may become, an annoyance or
nuisance, such questions shall be submitted to the Board of Directors for a decision in writing.
The decision of the Board of Directors shall be final. The provisions of this section shall not
proscribe or limit in any way the right of the Developer to carry on development and construction
activities on Parkside Village properties.
Section 11.03 LEASES. Any rules and regulations established by the Board of
Directors relating to the leasing of residential units shall not apply to the Developer.
Section 11.04 TIME-SHARING. No residential unit may be submitted to a
"time-sharing" or "interval" plan of ownership.
ARTICLE XII - DEVELOPER'S RIGHTS AND VETO POWER
Section 12.01 DEVELOPER'S RIGHTS, The Developer hereby reserves to
itself, and the grantee of any Lot, on behalf of his or her heirs, estate, successors and assigns,
hereby agrees, by acceptance of a deed of conveyance thereto, that the Developer shall have the
22
BK f 974PGO478
following rights, so long as the Developer owns any property in Parkside Village, including
property owned by the Developer as the result of any reconveyance of Parkside Village property,
or until the Developer causes to be recorded a Certificate of Termination of Interest in Parkside
Village, which Certificate terminates any and all right, title, interest and obligation of the
Developer in Parkside Village:
A. The right to replace, vacate or withdraw any area of any platted
area from the property subject to this Declaration, in accordance
with the laws of the County of Albemarle and the Commonwealth
of Virginia;
B. The right to establish easements for itself over any property in
Parkside Village which is owned by the Developer;
C. The right to convey, in whole or in part, any easements granted in
favor of the Developer, as created in this Declaration or as
recorded in the land records of Albemarle County, Virginia which
pertain to Parkside Village;
D. The right to maintain Lots, parcels and Common Properties if the
Association fails to do so;
E. The right to lease for residential purposes any of the residential
units owned by the Developer, without regard to any of the
limitations imposed upon the leasing of residential emits by
Members;
F. The right to erect, or grant to its contractor and agents, the right to
erect, temporary buildings on the Common Properties and on any
property in Parkside Village which is owned by the Developer;
G. The right to maintain an easement, for construction -staging
purposes, across any Lot, parcel, or portion of Parkside Village
property;
H. The right to alter, amend, approve, dispose of, and designate the
plan and facilities which provide water and waste water treatment
service and drainage and run-off retention facilities to Parkside
23
I Z`/_UO
f4t
BK 1,914PGO419
Village, provided that approval from all governmental agencies
having jurisdiction over same has been obtained;
1. The right to maintain a sales office in Parkside Village and to erect
signs and conduct sales throughout Parkside Village;
J. The right to appoint the members of the ARB for such time as the
Developer owns any property in Parkside Village;
K. The right to conduct the development, marketing, and sale of
property in Parkside Village owned by the Developer.
Section 12.02 VETO POWEP, The Developer hereby expressly reserves to
itself, and any grantee of any Lot on behalf of his or her heirs, estate, successors and assigns,
hereby agrees, by acceptance of a Deed of Conveyance thereto, that the Developer shall have the
right to veto any or all of the following events for as long as the Developer owns any part of
Parkside Village, including property owned by the Developer as the result of any reconveyance
of Parkside Village property, or until the Developer causes to be recorded a Certificate of
Termination of Interest in Parkside Village, which Certificate terminates any and all right, title,
interest and obligation of the Developer in Parkside Village:
A. Association approval which permits the conduct of any commercial
enterprise in Parkside Village;
B. Any or all Association budgets, annual or otherwise, that constitute
an increase or reduction of twenty percent (20%) over the prior
year's budget;
C. Approval or denial of any plans or specifications for any structure
made by the ARB;
D. Attempted resubdivision of Parkside Village;
E. Attempted amendment of the Founding Documents which:
24
OK 191Ll PG0480
i. Discriminate or tend to discriminate against the
Developer's rights as a Member;
ii. Change Article 1, "Definitions," in a manner that alters the
Developer's rights or status;
iii. Alter the character and rights of membership or the rights
of the Developer as set forth in the Governing Documents;
iv. Alter previously recorded or written agreements with public
or quasi -public agencies as regards easements or rights -of -
way;
V. Deny the right to convey Common Properties to the
Association;
vi. Alter the Developer's rights as set forth in the Founding
Documents relating to design controls;
vii. Alter the basis for Community Assessments;
viii. Alter the provisions of the protective covenants as set forth
in the Founding Documents;
ix. Alter the number or selection of Board of Directors as
established in the Founding Documents;
X. Alter the Developer's rights as they appear under this
article;
F. Any management contracts entered into by the Association or the
Board of Directors;
G. The creation of any special assessment districts within Parkside
Village;
H. Any Community Assessment for capital improvements that are
imposed by the Association on property owned by the Developer;
I. Any settlement of any claim made by the Association to collect
upon any policy of casualty insurance that insures the Common
Properties;
25
6K, 914PGO48 �
Any attempted dissolution of the Association by a vote of the
Members of the Association;
K. Any attempted cancellation or reduction of insurance coverage
purchased by the Association to insure all or any part of the
Parkside Village property.
Section 12.03 RELEASE OF RIGHT BY DEVELOPEP, The Developer may,
by an instrument recorded among the land records of Albemarle County, Virginia, release, at any
time and without the approval or consent of any other party, any of the rights or veto powers
reserved unto it herein.
ARTICLE XIII - REMEDIES, WAIVER, AND SANCTIONS
Section 13.01 REMEDIES FOR VIOLATIONS.
A. Violation or breach of these covenants shall give the Developer
and/or Association and or the Owners, jointly and severally, in
addition to all other remedies the right to proceed at law or at equity
to compel compliance with the terms of these covenants and/or to
prevent the violation or breach of any of them. Expenses of litigation
shall include, but not be limited to, reasonable attorney's fees
incurred by the Developer, Association, or owner in seeking such
enforcement.
B. The Board of Directors may impose a fine or penalty on any Member
who damages the common properties, or may charge such Member
for all expenses incurred by the Association to repair or replace such
property. The Board of Directors may also impose a fine or penalty.
For the purpose of this paragraph, when ever a family member, guest,
or invitee of a Member, causes such damage to the common
properties, the Member shall be deemed to have caused such damage.
C. In addition to the foregoing right, the Developer and/or Association
shall have the right, whenever there shall have been built on any lot,
any structure or improvement which is in violation of the governing
documents, to enter in and upon said lot where such violation exist,
and summarily to abate or remove the same at the sole expense of the
26
J'f7 Oro
BK ; 9�L;PGO�$7
owner thereof. if the Association determines that a violation of these
covenants exists, entry and abatement or removal shall not be deemed
a trespass.
Section 13.02 WAIVER AND FAILURE TO ENFORCE. Each and all of the
Covenants contained herein shall be deemed and construed to be continuing. The extinguishment
of any right or power herein shall not impair or affect any of the Covenants so far as any future or
other breach is concerned. Failure to enforce any Covenant, right, power or charge herein before,
or hereinafter contained, however long continued, shall in no event be deemed a waiver of the right
to enforce such covenant as to the breach or violation. Failure to enforce same shall not give rise
to any liability on the part of the Developer or the Association with respect to parties aggrieved by
such failure.
Section 13.03 ENFORCEMENT OF LIEN FOR ASSESSMENTS. The
Association may bring an action at Iaw or in equity against any owner personally obligated to pay
any assessments of any nature provided for in the founding document, either in the first instance or
for a deficiency following foreclosure, and interest in costs of any such action (including reasonable
attorney's fees) shall be added to the amount of such assessment. The Association may, in addition
to, and not in limitation of, all other legal and equitable rights provided to it, record among the land
records of Albemarle County, Virginia, an instrument setting forth any lot or portion of the Property
with respect to which any assessment is delinquent as herein provided (a "notice of delinquency")
and the lien therein imposed upon such lot to secure the payment of such assessments, plus interest
and cost (including a reasonable attorney's fee) shall have the same effect as a docketed judgment
in the Commonwealth of Virginia. Every such lien so created may be foreclosed by equitable
foreclosure at any time within five (5) years after the date on which the instrument creating it was
27
BK 1914PG0483
recorded. Regardless of whether the notice of delinquency has been recorded, the lien for
assessments maybe foreclosed by a bill inequity in the same manner as provided for the foreclosure
of mortgages, vendors' liens and liens of similar nature.
ARTICLE XIV - GENERAL PROVISIONS
Section 14.01 MANAGING AGENT. The Association may employ a managing
agent, who may be an affiliate of the Developer, to manage the affairs of the Association.
Section 14.02 LIMITED LIABILITY. Inconnection with all reviews, acceptances,
inspections, permissions, consents or required approvals by or from the Developer contemplated
under this Declaration, the Developer shall not be liable to an owner, the Association, or any other
person on account of any claim, liability, damage, or expense suffered or incurred by or threatened
against an owner, the Association or such other person and arising out of, or in any way relating to,
the subject matter of any such reviews, acceptances, inspections, permissions, consents or required
approvals, whether given, granted or withheld.
Section 14.03 DURATION. These Covenants shall constitute and easement and
servitude in and on the lands subject to this Declaration and they shall run with and bind such land,
and shall enure to the benefit of and be enforceable by the Association, the Developer, or the owner
of any lot subject to this Declaration, his or its respective legal representatives, heirs, successors and
assigns, for a period of fifty (50) years from the date this Declaration is recorded. Upon expiration
of said fifty (50) year period, this Declaration shall be automatically renewed or extended for
28
6� i 914PG0464
successive periods of ten (10) years each, unless at least ninety (90) percent of the Members execute
an instrument revoking this Declaration as of the end of any nature expiration date.
Section 14.04 AMENDMENTS. The procedure for amendment ofthis Declaration
shall be as follows:
All proposed amendments shall be submitted to a vote ofthe Members a duly called meeting
of the Association and any such proposed amendment shall be deemed approved if three -fourths
(3/4) of the votes cast at such meeting vote in favor of such proposed amendment. Notice shall be
given each Member at least thirty (30) days prior to the date of the meeting at which such proposed
amendment is to be considered. If any proposed amendment to this Declaration is approved by the
Members as set forth above, the President of the Association and the Secretary shall execute an
addendum to this Declaration which shall set forth the amendment, the effective date of the
amendment (which in no event shall be less than 60 days after the date of the meeting of the
Association at which the such amendment was adopted), the date of the meeting of the Association
at which such amendment was adopted, the date that notice of such meeting was given, the total
number of votes of Members of the Association, the total number of votes required to constitute a
quorum at a meeting of the Association, the numberofvotes necessary to adopt the amendment, and
the total number of votes cast against the amendment. Such addendum shall be recorded amongst
the land records of Albemarle County, Virginia.
Section 14.05 NOTICES. Any notice required to be sent to or served any Member
under the provisions of this Declaration shall be deemed to have been property sent, and notice
thereby given, when mailed, with the proper postage affixed, to the address appearing on the
Association's membership list. Notice to one of two or more Co -Owners shall constitute notice to
Olt
BK 1914PGO485
all Co-Owmers. It shall be the obligation of every Member to immediately notify the Secretary of
the Association in writing of any change ofaddress. Any person who becomes a Member following
the first day in the calendar month in which said notice is mailed shall be deemed to have been given
notice if notice was given to his predecessor in title.
Section 14.06 SEVERABILITY. Should any Covenant or restriction herein
contain, or any article, section, subsection, sentence, clause, phrase or term of this Declaration or of
any supplementary Declaration be declared to be void, invalid, illegal or unenforceable for any
reason, by the judication of any Court or other tribunal having jurisdiction over the parties hereto and
the subject matter hereof, such judgment shall in no way affect the other provisions hereof which are
hereby declared to be severable and which shall remain in full force and affect.
Section 14.07 The Board of Directors shall have the right to determine all questions
arising in connection with the governing documents and to construe and interpret their provisions,
and its determination, construction or interpretation, shall be final and binding. In all cases, the
provisions of the founding documents shall be given that interpretation or construction that will best
tend toward the consummation of the general plan of development for Parkside Village. The
provisions of this Declaration shall be construed and interpreted in accordance with the laws of the
Commonwealth of Virginia.
30
BK ! 91LsPG0486
Witness the following signature and seal.
WEATH R HILL HOMES, LTD.
By: QL—(SEAL)
Vito Cetta, President
STATE OF VIRGMIA
City;6eo* of Ik to -wit;
The forgoing instrument was acknowledged before me, this 7eday of /Uot,6& 2000)
by Vito Cetta, President of Weather Hill Homes, Ltd.
My commission expir
p.kv&&dvvim vrd
OWNERS APPROVAL
ex i 974PG0481
NOTARY PUBLIC
The subdivision of the land described herein
is with the free consent and in accordance
with the desire of the undersigned owners,
proprietors, and trustees. Any reference to
future potential development is to be
deemed as theoretical only. All statements
affixed to this plat are true and correct to
lthe Ast of prp�k/jowledge.
Weather Hill Homes
CURVE TABLE
THE FOR�EGGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF
My Commission Expires 4'Yj(1U/-
LINE
RADIUS
DELTA
ARC
CHORD BEARING
CHORD
C1
200.00'
6°43'34"
23.48'
NBO"'06'09"E
23.47'
C2
45.00'
74'36'53"
58.60,
S65057'12"E
54.55'
C3
200.00'
37'18'37"
130.24'
S47'18'03"E
127.95'
C4
45.00'
15'3e'32"
12.29'
N58'08'06"W
12.25'
C5
45.00'
65'14'50"
51.25'
N17'41'25"W
48.52'
C6
45.00'
80*53'21"
63.53'
N25'30'41"W
58.38'
C7
45.00'
40007'09"
31.51'
N34.59'35"E
30.87'
C8
40.00'
41037'55"
29.06'
N34.14'12"E
28.43'
C9
40.00'
61'25'00"
42.88'
N17017'16"W
40.85'
CIO
40.00'
40.01.36"
27.94'
N68'00'34"W
27.38'
C11
40.00'
42'30'27"
29.68'
S70-43-25"W
29.00'
C12
40.00'
67'09'50"
46.89'
S15'53'16"W
44.25'
C13
40.00'
7.29'30"
5.23'
S21'26'24"E
5.23'
C14
45.00'
40'07'09"
31.51'
S05'07'34'E
30.87'
C15
40.00'
260'14'18"
181.68'
N75.04'00"W
61.18'
C16
45.00'
99'06'39'
77.84'
S64.29'19"W
6B.49'
C17
150.00'
37'18'37"
104.19'
N47'18'03"W
102.36'
C18
45.00'
74036'53"
58.60'
N08039'42"E
54.55'
C19
45.00'
16'13'10"
12.74'
N20'32'10"W
12.70'
C20
45.00'
58'23'44"
45.86'
N16'46'17"E
43.90'
C21
200.00'
5016,11"
18.39'
N43'20'03"E
18.39'
C22
200.00'
14'31'11"
50.68'
N33-26'22"E
50.95'
C23
200.00'
13'08'13"
45.86'
N19'36'400E
45.76'
C24
200.00'
1'34'36"
5.50,
N12'15'15"E
5.50,
C25
200.00'
34'30'12"
120.44'
N28'43'03"E
118.63'
C26
160.00'
14.21'30"
40.10'
N18'38'42"E
39.99'
C27
160.00'
9'02'54"
25.27'
N15'59'240E
25.24'
C28
160.00'
5'18'36"
14.83'
N23'10'09"E
14.82'
C29
200.00'
12'20'46"
43.10'
N19.39'04"E
43.01'
C30
200.00'
16.22*14"
57.14'
N05'17'34"E
56.95'
C31
200.00'
28043'01"
100.24'
N31'27'57"E
99.19'
C32
200.00'
0'36'07"
2.10'
S02'35'30"E
2.10'
C33
160.00'
15'51'20"
44.28'
S05'02'06"W
44.14'
C34
160.00'
12'51'41"
35.92'
$19'23'37'W
35.84'
C35
15000'
28443'01"
80.19'
S11427'57"W
79.36'
C35
200.00'
14'21'30"
50.12'
SSB'38'42"W
49.99'
C37
160.00'
83'46'57"
233,97'
S53'21'26"W
213.67'
LINE TABLE
LINE
BEARING
DISTANCE
Li
N24'02'39"E
41.67'
L2
N14*58'00"E
8,67.
L3
S40'31'49"E
22.51'
L4
S59'03'33"E
26.48'
L5
S59003'33"E
15.61.
L6
N25.49'27"E
55.12'
L7
N02053'33"W
45.10'
LB
S02'53'33"E
55.12'
L9
N74.27'44"W
40,03'
LID
S25-49'27"W
55.12'
ROUDABUSK GALE & ASSOCIATES, INC.
En/OONEPAB. 8U/4VEY0148 ANp LANO PLANNEPWO
® A PROFQ88fONAL CORPORATION
e ERVINQ VIRGINIA SINCE lose
914YDW10ELLOROAD-CFIAPLOREBNLLF VIROImum
\PHOEE S)""4=-FAX 00449&aM - BAAL
RIGHT OF WAY AND EASEMENT DEDICATION
1. ALL ROADS, EXCEPT THE ALLEY, ARE HEREBY
DEDICATED TO PUBLIC USE.
2. WATER AND SEWER EASEMENTS SHOWN HEREON WILL
BE DEDICATED WITH A SEPERATE CEED OF DEDICATION.
3. ALL STORM DRAINAGE EASEMENTS ARE HEREBY DEDICATED
TO PUBLIC USE.
4. THE DEVELOPER RESERVES THE RIGHT TO VACATE, A00.
OR REVISE ANY EASEMENT SHOWN HEREON PROVIDED
THE PROPER AUTHORITY (VDOT AND ACSA) AGREES.
5. THE DEVELOPER RESERVES A 10' UTILITY* AND/OR
DRAINAGE EASEMENT ALONG FRONT AND REAR PROPERTY
LINES AND 7.5' ALONG SIDE PROPERTY LINES.
*UTILITIES TO INCLUDE ELECTRIC,
TV AND PHONE SERVICES.
NOTES RELATIVE TO EASEMENTS:
1. COMMON AREAS ARE RESERVED WITH PRIORITY FOR WATER. SANITARY
AND STORM SEWER WHERE APPLICABLE. BUT HOT TO THE EXCLUSION
OF OTHER USES.
2. TYPICAL EASEMENT ( N.T.S.)
20, TYPICAL EASEMENT UNLESS OTHERWISE
10, I INDICATED FOR UTILITIES ON OR
+ L WITHIN 10' OF PRIVATE LOTS.
CENTER OF PIPE OR
^CENTER OF DRAINAGE
SWALE/CHAMEL.
MANHOLE. STORM
STRUCTURE OR
FIRE HYDRANT
20
__..f 5124-
ice- i
'_f 1
r
�- SLOW -a
WATER 1
3. 20' WATER, STDRM,AND SANITARY SEWER EASEMENTS ARE TO BE
CENTERED ON THE ASSUILT LOCATIONS OF THE LINES.
4. THERE SHALL DE A PEDESTRIAN ACCESS EASEMENT OVER ALL WALKS,
5. THERE SHALL BE AN ACCESS AND MAINTENANCE EASEMENT ASSOCIATED
WITH THE PERMANENT STORMWATER MANAGEMENT FACILITY LOCATED
IN THE COMMON OPEN SPACE ALONG THE STREAM.
GENERAL NOTES
A, LOTS 1 THRU 18 MAY NOT BE FURTHER DIVIDED WITHOUT PLA
COMMISSION APPROVAL.
S. ONLY ONE DWELLING UNIT PER LOT.
C. ALL LOTS SHALT_ BE ACCESSED BY PROPOSED INTERNAL ROADS
O. THIS PROJECT IS LOCATED IN THE WATER SUPPLY WATERSHED
E. DENOTES IRON ROO SET OR IR
FOUND, UNLESS OTHERWISE IN
F. COVERED PORCHES, BALCONIES. CHIMNEYS, EAVES AND LIKE
ARCHITECTURAL FEATURES MAY PROJECT NOT MORE THAN
FOUR (4) FEET INTO ANY REQUIRED YARD: PROVIDED THAT N
SUCH FEATURE SHALL BE LOCATED ANY CLOSER THAN SIX (6)
FEET TO ANY LOT LINE IN ACCORDANCE WITH SECTION 4.11.
THE COUNTY ZONING ORDINANCE.
G. THE LAND USE REGULATIONS LISTED HEREON ARE IMPOSED
PURSUANT TO THE ALBEMARLE COUNTY ORDINANCE IN EFFECT
ON THIS DATE AND SHOWN FOR INFORMATION PURPOSES ONLY.
THEY ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE
LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDS
TO IMPOSE THEM AS SUCH.
sK 1914?Go 411
PLANNING COMMISSION
OF SUPERVISORS
TE
DA
AREA SUMMARY
AREA IN LOTS 3.552 Ac.
AREA IN R.O.W. 1.323 Ac.
AREA IN COMMON
OPEN SPACE
RESIDUE
PARCEL 57A
RESIDUE
PARCEL 57A M
TOTAL AREA
TYPICAL EASEMENT FOR
SLOW -OFF ASSY. AND
-- -- WATER METER ASSY.
CENTER OF PIPE
F ASSY. OR
ETER ASSY.
NG
6. 105 Ac.
5.626 Ac.
1.521 Ac.
18.227 Ac.
0
Q' CROZET
240
Tabor St.
0
Too St.
¢. a
x
VICINITY MAP
N.T.S.
SITE DATA
OWNER: Weather Hill Homes
2250 Old Ivy Road
Charlottesville. Va 22903
LEGAL REFERENCE: TMP 56-57A : DB 1810 p.668
TMP 56-57A(1): 08 1808 p.458
MAGISTERIAL DISTRICT: White Hall
ZONING: R6
SETBACK Front: 25'
REQUIREMENTS: Side: 10' (by County code 4.11.3)
Rear: 20'
Rear Abutting
Private Alley: 20' From Edge Of Alley
PROPOSED USE: IS Single Family Homes
GENERAL NOTES: 1. This property does not lie in a flood
hazard area.
2. There are no slopes exceeding 25% on this
site.
3. All lots shall be served by public water
and sewer.
SUBDIVISION PLAT
PAR'r/\%'c,;IDE VILLAGE
PHASE 1
WHITE HALL MAGISTERIAL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
LEGEND SEPTEMBER 11, 2000
Cs� DENOTES PROPOSED 20'
SANITARY SEWER EASEMENT
DENOTES PROPOSED 20'
V STORM EASEMENT
OF
TDENOTES 4' WALK AND EASEMENT
tom! DENOTES COMMON OPEN SPACE
-DENOTES FIRE HYDRANT OR
WATERLINE EASEMENT
- - - - DENOTES SETBACK LINE
DENOTES AVERAGED 100'
STREAM BUFFER
William J. Ledboller
NO. 1962
SHEET INDEX
SHEET i - COVER SHEET
SHEET 2 - SUBDIVISION PLAT
SHEET 3 - EASEMENT PLAT
SEPT'EM13ER 11, 20�0/0 SHEET
SC RI I 1" s
19?IaQ�0�a8`�
y
r;
�m
a
a
G
� O
e; a.
0
d
v.
� � n
G
Za
o
�
8D
c
sta•
�-�,99
Cq1Q
S
Richard B. Dolly, M
7W 56-57
D.19.322p.645O An
S07'32'55'N
RESIDUE PARCEL 57A
5.626 Ac.
ROUDABUSK GALE & ASSOCIATES, INC.
ENO/NEERS. SURVEMM&AND LAND PLANNERS
® A PROFESSOONAL CORPORA rION
OIPVfNO V/RQ/N/A 01NCC lass Zk
`�!►IOAE aD1.timOd280-�W_ �ROAI
71.52'
N04'35'30'E -
29.52'
SBS'30'11
36.34'
1.F.
Re40.00'-j
A-31.07'
6-44'29'53'
N26022'42'E
LC-30.29'
AV=10 B1fm
COHIMON
OPEN SPACE
AMAC.
AVANA& E FOR
PASWvr PARK
&FROVEMENIS
iN41 '22'21'p
2s.9o'.
t
t
1
t1
t
t
!. RESIDUE PARCEL 57A(1)
1.521 Ac.
G;
l
nc
1
t
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43,23'
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t
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BY'' 974PfR490
I. F.
Mchord B. baby, TRS
IMP 56-67
D.a 322 P. 50 T An
C1A w 'u-r RA. s.•
RESERVED FOR PUBLIC 0EDCA Wh
UPON DEMAND BY FW Cp1iM1' —7
117.33' 90.50'
64.50'
54.50
$4.50'
96. 22'
40.29'
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CRANBERRY LANE (40' R. O. W )
S14'36'00'M 151.76'
WI W W 4
o
�R i
52.04' 1 32.o4' I
'57'00-N 366.64' I{1 -(TOTAL)
tz
W
tz
W
c1p HI TOP
Y `2a
0
C36 511-27' C2
57 N F l
�O
r
COMMON arREAM R 26.
OPEN SPACE (<
1.442AC•.
N73'59'00-M''.
4a. 40'
280.70' 1.04'i
.. __.. ..
N!!'23'fB-E 281.74'
1. F.
Goldls F. or Pvf Ne L. Bober
IMP 66A2-2-15
ID.B. W p• 300'!Al)
iI
William J. Ledbetter
No. 1962
JZ-4- Zoov
o4'
C,4
c r
01
0 cp
ci
362. :6521'E O
2.77' --
(TOTaU
�" COMMON
OPEN SPACE
0.410 AC,
(PARKAREA)
i• •`�"
AV6'SABABLE FOR
PAW PARK
IMPROVEMEN►S
• J
I'
97,04•
r•F• N35'fa•58-E 123.53' FON.
I.F.
i
--.
Crlcker9%vg r
i1MP56A2-2.25
bitck
yy
SEPTEMBER 11, 2000
SCALE: t" wool
T
"
J BOMD A 4CE
1596,
SHEET
SK' 974FG049I
R(chord B. Daily, TRS
TMP 5"7
D.8.322 p• 545 (PLAT)
RESIDUE PARCEL 57A
6.626 Ac.
'NOTE A'
THE AREA ON THIS MAT
CUL-DE- 4C MLL BE Ct
•••! • •
LINE TABLE
IN
1
,y
111
,
,
LINE
BEARING
DISTANCE
LA1
S65'57'21"E
24.38'
LA2
S55'57'21"E
26.91'
LA3
N13.57'00'E
20.00'
LA4
N76'03'00"W
30.00'
LA5
N76-03.00"W
30.00'
LA6
I S13457'00"W
20.00'
CURVE TABLE
pg.
b'b P'
COMMON
OPEN SPACE
4.2W Ac
A.VAKABW FOR
PASSIVE PARK
M OROVEMENM
AVrRAGED IOU
1
1'
,
,
RESIDUE PARCEL 57A(1)
'1 1.527 Ac.
1'
,
,
1
1
1
,
,
1
1
1
1
1
Bruce J. Barnw Inc.
?w 613w
D.B. 1440 p: W (MAT)
PRIVATE ALLEY
COURSES
ROUDABUSH, GALE & AMoaATBS, INC. cA2 20. 00' 90 '00' 00" 31. 42'
PNO/NEE'RS.SURVEMRSAND UNAPLANNBAS _CA3 20.00'1 90'00'00"1 31.42'
A AROF&SSIONAL CORPOFSArION ■ CAA 20.00" 104'04'20" 36.33'
NNZAVINO VIRD:N/A Q/NCZ Y•••
......w_� w.w.n .... n...ma.... .wnnwu amv • • r�7 4lilt tin' 1� Q'FR' A "T 44 4 4 '
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LA4I` I A
\� y E,49f'MEnn�_ -
L
Richard B. Daily, TRS
TMP5"7
D.B. 322 p. 545 (PLAT) I
RESERVED FOR PIMUC DEDICATION I
UPON DEMAND BY THE COUMY--
20' WATER UW EASEMENT
RESERVED FOR
FUTURE EiaENiK)N
v I M 1 N 1
FlRF. HYDRANT `�`� `• ���
CRANBERRY LANE (40' R. 0.M1W.) - Q
OAMUND
I r\ Co a
INDIGO ALLEY
(20'PRIVA ALLEYAND OMMOh
Nf3'57'00'E
_202.64'
cC4 i Goldle F. or PCTffle L. Bober
Q I I D.8.952p,36,g0U7)
� I
I :
TEMPORARY CUL-DE-SAC
CURVE TABLE
LINE
RADIUS
DELTA
ARC
CHORD BEARING
CHORD
CDS1
45.00'
43'28'22"
34.14'
N3312.08"E
33.33'
CDS2
40.00'
250.02152"
181.55'
N75'05'07"W
61.26'
CDS3
45.00'
37.46'36"
29.67'
S06'13'16"E
29.14'
I
fV O (
MEMMENT
FASEA
COMMON
OPEN SPACE
OdIOAC.
(PAWAREA )
AVAILABLE FOR
PASSWE PARK
IMPROVEWMB
CTfdcenb,=
$ j IMP 50A2�2-25
o
' ALTH O;: L
O
William J. Ledbetter
No. 1962
st
SEPTEMBER 11, 2000
SCALE: 1" s 60'
ppJJrz,
Q
�a
A
e
1�low
SHEET
BK ? 914PGO49"�
VIRGINIA: IN THE, CLERK'S OFFICE OF THE CIRCITT COURT OF ALBEMARLE:
THIS DEED WAS PRESENTED. AND WITH CERTIFICATE ANNEXED. IS ADbITITED I
TO RECORD OVI,�-_ _ 2000 AT 3 $ O'CLOCK %1. i
STATE TAX
LOCAL TAX
TRANSFER FEE
I.T.T. F.
%'SLF
CLERK'S FEE
PLAT
SECP.58.1-802:
STATE TAX
LOCAL TAX
LOCAL TAX
TOTAL
S 10391
S (213)
S --_ (212)
S---3.00 _11061
— -- 1.00 t 145)
S1301)
TP.STE:
S _ _ (038) SHELBV J. NIARSHALL.CLERK
S 1220)
BY:
DEIJun, CLERK
SSS.CX�