HomeMy WebLinkAboutSDP202000036 Supplemental Declaration of Covenants 2020-09-03Prepared by and return to:
Garrett M. Smith, Esq., VA Bar # 34162
New Belvedere, Inc.
P.O. Box 7505, Charlottesville, VA 22906
Albemarle County Tax Map Parcel: 06200-00-00-16D00 (15.0 acres)
SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS
FOR BELVEDERE
Phase 5 (Residential)
THIS SUPPLEMENTAL DECLARATION is made this _ day of
September, 2020, by NEW BELVEDERE. INC., a Virginia corporation (the
"Declarant").
Recitals:
A. Declarant owns that certain parcel of real property consisting of 15.0 acres, more or
less ("TMP 62-16D" or the "Property"), as more particularly described on Exhibit A
hereto.
B. The Trustees of the Belvedere Station Land Trust (the "Original Declarant")
executed the Belvedere Declaration of Covenants and Restrictions, dated January
25, 2008, recorded January 29, 2008, in the Clerk's Office of the County of
Albemarle ("Clerk's Office") in Deed Book 3545, page I, as amended by various
supplemental declarations recorded in the Clerk's Office (collectively, the "Belvedere
Declaration") thereby subjecting the property described therein to the Belvedere
Declaration. The Trustees reserved, for themselves, their affiliates and their
successors and assigns the right to subject additional properties to the Belvedere
Declaration with such complementary additions and/or modifications of the
covenants and restrictions contained in the Belvedere Declaration as may be
necessary or convenient, in the sole judgment of Declarant.
C. The Original Declarant (and its affiliates, Belvedere IIA, LLC a Virginia limited liability
company and Belvedere Town Center, LLC, a Virginia limited liability company)
assigned and transferred to Declarant all rights of Declarant under the Belvedere
Declaration pursuant that certain Assignment of Declarant and Developer Rights
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dated September 15, 2017, recorded October 11, 2017 in the Clerk's Office in Deed
Book 4970, page 54, and
D. Declarant wishes to subject TMP 62-16D to the Belvedere Declaration as Phase 5.
NOW, THEREFORE, pursuant to the authority reserved to the Declarant in
Article II, Section 2, of the Belvedere Declaration, the Declarant declares that the
Property is and shall be held, transferred, sold, conveyed, given, donated, leased,
occupied and used subject to the Belvedere Declaration and all amendments and
modifications to the Belvedere Declaration, including without limitation the provisions set
forth in this Supplemental Declaration.
1. Reservation of Rights. Declarant reserves the right, by one or more subsequent
Supplemental Declarations and/or by duly recorded subdivision plats, to subdivide,
combine, re -subdivide, re -combine, or otherwise modify or reconfigure any portion or
all of the Property subject to authorizations and approvals required by law (such
modifications or any of them a "Reconfiguration"). Any Reconfiguration may result in
the creation of additional Lots with such voting rights as may be assigned by such
Supplemental Declaration(s). The Declarant further reserves the right to exercise
any of the other rights reserved under Article II of the Belvedere Declaration, and the
right to re -designate any portions of the Property as Common Areas, Roads, Lots,
right of way, open space, or such other designations as would, in Declarants' sole
discretion, facilitate the development of the Parcels as a portion of the Belvedere
subdivision.
/SIGNATURES APPEAR ON FOLLOWING PAGES/
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NEW BELVEDERE, INC., a Virginia corporation
By:
Steven C. Krohn, Executive Vice President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this _ day of
2020 by Steven C. Krohn, Executive Vice President, New Belvedere, Inc., Grantor.
My Commission expires:
Registration Number: _
Notary Public
C7
Exhibit A
ALL THAT certain lot or parcel of land, with improvements thereon and appurtenances thereto,
lying and being situate in the County of Albemarle, Virginia, containing 15 acres, more or less,
more particularly shown as Parcel 1 on Sheet 3 of a plat by Wm. Morris Foster, Land Surveyor,
dated November 1, 1985, revised December 20, 1985, entitled "Division of Dunlora," said plat
being attached to and recorded with a road maintenance agreement in the Clerk's Office of the
Circuit Court of the County of Albemarle, Virginia, in Deed Book 875, page 331.
TOGETHER WITH a non-exclusive right of way for ingress, egress, and utilities fifty (50) feet in
width between Parcel 4 and Point "H," as shown on Sheet 3 of the said plat, seventy (70) feet in
width between Point "H" and Point "F" and fifty (50) feet in width between Point "F" and Rio
Road (SR631), said right of way being also referred to in a deed dated March 6, 1970 and
recorded in the said Clerk's Office in Deed Book 471, page 510 as is set forth in the deed
recorded in Deed Book 875, page 350; and ALSO TOGETHER WITH a non-exclusive fifty (50)
foot access and utility easement for the use and benefit of Parcel 1 shown on Sheet 4 of the
said plat as running from Point "A" to Point "L."
The Property is currently designated as Albemarle County Tax Map parcel 06200-00-00-016D0.
BEING the same real estate conveyed to New Belvedere, Inc. a Virginia corporation, by
Belvedere Land Holdings, LLC 2014, a Virginia limited liablity compan by deed dated
September 2, 2020 recorded 2020 in the said Clerk's Office in Deed
Book , page
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