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HomeMy WebLinkAboutSDP202000036 Supplemental Declaration of Covenants 2020-09-03 (4)Prepared 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 (_ acres portion) SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR BELVEDERE Phase 5A (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 8.05 acres, more or less ("TMP 62-16D" or the "Property"), as more particularly shown on Sheet V_ of "Plat Showing Subdivision of TMP 62-16D BELVEDERE PHASE 5A Rio District, Albemarle County, VA," dated , 2020, and prepared by L.S., Roudabush Gale & Associates, Inc., a copy of which is attached hereto and incorporated herein by this reference (the "5A Plat). 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) 1 assigned and transferred to Declarant all rights of Declarant under the Belvedere Declaration pursuant that certain Assignment of Declarant and Developer Rights 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 to the Belvedere Declaration as provided herein certain portions of TMP 62-16D containing in the aggregate 6.95 acres more or less including forty-three (43) Lots, containing in the aggregate 3.33 acres, and Common Areas and a Public Right of Way area containing in the aggregate 3.62 acres, more or less. Specifically, as more particularly shown on Sheet V_ of the 5A Plat Declarant is subjecting five (5) Residential Lots, containing in the aggregate 0.92 acres, more or less; thirty-eight (38) Townhouse Lots, containing in the aggregate 2.41 acres, more or less; and Open Space areas, containing in the aggregate 2.07 acres, more or less (collectively, the "Property"). E. Declarant wishes to dedicate, reserve, grant and convey an easement for private maintenance use more particularly described as follows: That certain real property shown and designated on Sheets V_- V_ of the Plat as "MAINTENANCE EASEMENT (TYP)" (hereinafter, the "Maintenance Easement"). Reference is made to the Plat for a more particular description of the Easement conveyed herein. F. Declarant wishes to dedicate, reserve, grant and convey an easement for private maintenance by Association use more particularly described as follows: That certain real property shown and designated on Sheets V_- V_ of the Plat as "RETAINING WALL MAINTENANCE EASEMENT (TYP)" (hereinafter, the "Retaining Wall Maintenance Easement"). Reference is made to the Plat for a more particular description of the Easement conveyed herein. G. Declarant wishes to dedicate, reserve, grant and convey a private storm drainage easement more particularly described as follows: That certain real property shown and designated on Sheets V- through V_ of the Plat as "VARIABLE WIDTH PRIVATE STORM DRAIN EASEMENT" (hereinafter, the "Private Storm Drain Easement"). 7 Reference is made to the Plat for a more particular description of the Easement conveyed herein. 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. Residential Lots. Each of the parcels shown on the 5A Plat as Lots 29 through 33 are hereby designated as a 'Residential Lot' as such term is defined in the Belvedere Declaration. 2. Townhouse Lots. Each of the parcels shown on the 5A Plat as Lots 1 through 28 and 34 through 43 is hereby designated as a "Townhouse Lot' as such term is defined in the Belvedere Declaration, notwithstanding the foregoing, the Association shall become responsible for certain exterior maintenance of these Townhouse Lots upon issuance by Albemarle County of a certificate of occupancy relative to each residence constructed on such Lots. Such maintenance shall include snow removal from sidewalks and driveways, grass mowing, edging, fertilization and weed control of individual and common lawns (excluding any privately fenced areas), and with respect to landscaping installed at the time of construction of residential improvements, it shall include pruning of shrubs, mulching, weeding, and fertilization of beds. Such maintenance shall also include all necessary maintenance of retaining walls constructed on or adjacent to any of the Townhouse Lots, and to the extent deemed appropriate by the Association, maintenance of any land rendered inaccessible by such retaining walls. Notwithstanding the foregoing, Association may elect in its sole discretion to refrain from maintaining such inaccessible areas and to treat them as if they were Conservation Areas under the Declaration (hereafter "Lot Natural Areas"). 3. Type A" Voting Members. The Owners of each of Lots 1 through 43 inclusive, shall be a Type "A" Voting Member as such term is defined in the Belvedere Declaration, and subject to the provisions for voting by joint owners set forth in Article III, Section 97 3 of the Belvedere Declaration, shall be entitled to one (1) vote for each Lot in which the Owner holds the interest required for Membership. Notwithstanding the foregoing, for so long as the Declarant owns any of the Lots subject to the Belvedere Declaration, the Declarant shall be a Type "D" Voting Member and shall be entitled to the voting rights assigned to the Type "D" Voting Member. 4. Phase 5A Common Area. a. The area shown on Sheets V_ and V_ as "Phase 5A Open Space Ac." and "Prop Stormwater Management Faclity" are hereby designated as Common Area subject to the terms and conditions set forth in the Belvedere Declaration, as amended from time to time, including without limitation the provisions of Article IV of the Belvedere Declaration (the "Phase 5A Common Area"). b. Common Areas Easement. There is hereby created a perpetual, non- exclusive Members' easement in Common Areas within the meaning of Article IV, Section 1 of the Belvedere Declaration. c. The Belvedere Neighborhood Association, Inc. ("Association") and its successors and assigns shall be responsible for maintaining in perpetuity the Phase 5A Common Area according to the standards set forth in Article IV, Section 3 of the Belvedere Declaration. For purposes of this instrument, 'maintenance' includes the maintenance of the private streets or alleys, 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 private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. 5. Access Easement. The Owners of Lots 1 through 43 inclusive and their respective employees, guests, and invitees, shall be entitled to the same easement for enjoyment in the Common Areas and Open Space as the other Members of the Association, at no additional cost. 13 6. Maintenance Easement. Declarant hereby establishes and reserves for itself, for Belvedere Neighborhood Association, Inc., for owners of adjoining Lots shown on the Plat as containing such areas as are designated "Maintenance Easement", and their successors and assigns, a private easement for the purposes of lawn or ground cover and common fence access and maintenance within the Maintenance Easement. 7. Phase 5A Retaining Walls Maintenance Easement. Declarant hereby establishes and reserves for itself and for the Belvedere Neighborhood Association, Inc. ("Association") a perpetual, exclusive access and maintenance easement in the areas shown on Sheets V_ and V_ as "Retaining Wall Maintenance Easement Area". The Association and its successors and assigns shall be responsible for maintaining in perpetuity the Phase 5A Retaining Walls and all related improvements and structures located within the Retaining Wall Maintenance Easement Area as provided herein and subject to the terms and conditions set forth in the Belvedere Declaration, as amended from time to time. Association's maintenance responsibility shall include without limitation maintaining the structural integrity of the retaining wall constructed within the Retaining Wall Maintenance Easement Area. Association shall have the right to enter upon the Retaining Wall Maintenance Easement Area for the purpose of maintaining, repairing, replacing, constructing, installing, the retaining walls and appurtenances thereto, within such easement area and the right to ingress and egress thereto as reasonably necessary to perform the same. If the Association is unable reasonably to exercise the right of ingress and egress over Retaining Wall Maintenance Easement Area, the Association shall have the right of ingress and egress over the property of Owner adjacent to the Retaining Wall Maintenance Easement Area. Whenever it is necessary to excavate earth within an easement, the Association agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior to the excavation. 6-� The easements provided for herein shall include the right of the Association to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe maintenance. The Association shall have no responsibility to the owner of a Lot or vegetation on which such cutting occurs to replace or reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. The facilities constructed within the permanent easement shall be the property of the Association which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the permanent easement as are consistent with the purposes expressed herein. 8. Private Drainage Easement. Declarant hereby establishes in the areas shown on Sheets V and V of the 5A Plat as " PRIVATE STORM DRAIN EASEMENT" a private storm drain easement for itself and Association, and their successors and assigns, to access, construct, install, maintain, repair, replace, and reconstruct storm water drains consisting of pipes and appurtenances thereto within the _' Private Storm Drain Easement areas. The ' Private Storm Drain Easement areas shall be maintained in perpetuity by Association to a standard that ensures that it will remain in substantially the condition it was in when surety was released. 9. 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 including the residue parcels described as "TMP 61-160 Residue (Part E) 2.110 Ac.", and "TMP 61-160 Residue (Part F) 0.462 Ac." shown on Sheets V5 and V6 of the IVA-1 Plat, subject to authorizations and approvals required by law (collectively, the "Parcels") (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 Parcels as Common Areas, Roads, Lots, right of way, open space, or such other 9 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/ 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 M