The URL can be used to link to this page

Home My WebLink AboutSUB202000140 Other 2021-02-22Prepared by and upon recordation return to: Mary Katherine McGetrick, Esq. (VSB no. 47084) Williams Mullen 321 E. Main Street, Suite 400 Charlottesville, VA 22902 Tax Parcel No. 05600-00-00-057B2 and 056KO-00-00-OOA20 SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GLENBROOK AT FOOTHILL CROSSING THIS SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GLENBROOK AT FOOTHILL CROSSING (this "Supplemental Declaration"), dated as of this _ day of 2021 (the "Effective Date"), by GLENBROOK. LLC, a Virginia limited liability company, to be indexed as a grantor and grantee ("Declarant") and GLENBROOK AT FOOTHILL CROSSING HOMEOWNER'S ASSOCIATION, INC., a Virginia non -stock corporation, to be indexed as grantor and grantee ("Association"), recites and provides as follows: RECITALS WHEREAS, by Declaration of Covenants, Conditions and Restrictions for Glenbrook at Foothills Crossing (the "Declaration") dated July 13, 2018, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office"), in Deed Book 5075, at page 691, Declarant declared certain real property commonly known as "Glenbrook at Foothill Crossing" located in Albemarle County, Virginia (referred to and defined in the Declaration as the "Existing Property"), be held, sold and conveyed subject to easements, restrictions, covenants and conditions contained in the Declaration. Each capitalized term used, and not otherwise defined in this Supplemental Declaration, shall have the meaning given to it in the Declaration unless the context otherwise requires. WHEREAS, the Existing Property has been developed as a residential subdivision and Section 2.02 of the Declaration provides that the Declarant has the right to annex additional property within the plan and operation of the Declaration. WHEREAS, Declarant intends to develop approximately seven (7) additional Lots as Phase IIA of the Glenbrook at Foothill Crossing residential subdivision, Lots 155-161, adjacent to the Property (the "Additional Property"), as shown on that certain subdivision plat entitled "SUBDIVISION PLAT GLENBROOKS PHASE IIA, LOTS 155-161 Located Near Crozet White Hall Magisterial District Albemarle County, Virginia" (the "Plat"), prepared by Roudabush, Gale & Associates, Inc., dated July 27, 2020, last revised February 22, 2021, and attached hereto as Exhibit "A". WHEREAS, Declarant desires to make this Supplemental Declaration, together with the Association, to declare the Additional Property subject to all of the easements, restrictions, covenants and conditions contained in the Declaration, and to grant a landscape easement on certain lots which are a part of the Additional Property, as shown on the Plat. SUPPLEMENT TO THE DECLARATION NOW, THEREFORE, in consideration of the premises and covenants herein contained, Declarant and the Association covenant, agree and declare as follows: 1. Declarant and the Association declare that all of the Additional Property as shown on the Plat shall from and after the Effective Date be held, owned, used, transferred, sold, conveyed, demised and occupied subject to all covenants, conditions, restrictions, easements, reservations, regulations, burdens, liens and charges of the Declaration (and any valid amendments or supplements thereto), all of which shall run with the real property constituting the Additional Property and shall be binding on all parties having or acquiring any right, title or interest in said real property constituting the Additional Property or any part thereof, and shall inure to the benefit of each owner thereof, and their respective heirs, successors and assigns. 2. Declarant and the Association further declare that each Lot shown on the Additional Property, shall from and after the Effective Date be deemed a Lot within the meaning of the Declaration held subject to all covenants, conditions, restrictions, easements, reservations, regulations, burdens, liens and charges of the Declaration. 3. Pursuant to Declarant's rights in Article V of the Declaration, Declarant hereby grants to the Association a perpetual, non-exclusive landscape easement over and across Lots 156, 157 and 158, as shown on the Plat (the "Landscape Easement"). The Association shall maintain the Landscape Easement, and any additional landscape easements which may be granted on any portion of the Lots or Common Area as shown on plats of future phases of Glenbrook at Foothill Crossing, pursuant to Section 5.05 of the Declaration. 4. If any term, covenant or condition of this Supplemental Declaration or the application thereof to any person or circumstances will to any extent be invalid or unenforceable, the remainder of this Supplemental Declaration or the application of such terms, covenants or conditions to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term, covenant or condition of this Supplemental Declaration will be valid and be enforced to the fullest extent permitted by law. 5. Except as supplemented and modified herein, all of the terms and conditions of the Declaration shall remain unchanged. In the case of any inconsistency or conflict among the provisions of the Declaration and this Supplement, the provisions of this Supplemental Declaration shall govern. 6. This Supplemental Declaration may be executed in multiple counterparts and a facsimile signature shall be considered the same as an original. -2- [Section Left Intentionally Blank - Signature Page Follows] - 3 - WITNESS the following signatures. DECLARANT: GLENBROOK, LLC, a Virginia limited liability company By: RIVER BEND MANAGEMENT, INC., a Virginia corporation, its Manager Alan R. Taylor, Jr., President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me, a Notary Public in the aforesaid jurisdiction, this _ day of 2021, by Alan R. Taylor, Jr., who is either personally known to me or has satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, as President of River Bend Management, Inc., as Manager of Glenbrook, LLC, a Virginia limited liability company, on its behalf. [Affix Sea]] Notary Public Registration Number: My Commission Expires: [Section Left Intentionally Blank - Signature Pages To Follow] -4- THE ASSOCIATION: GLENBROOK AT FOOTHILL CROSSING HOMEOWNER'S ASSOCIATION, INC., a Virginia non - stock corporation Alan R. Taylor, Jr., President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me, a Notary Public in the aforesaid jurisdiction, this _ day of 2021, by Alan R. Taylor, Jr., who is either personally known to me or has satisfactorily proven to be the person whose name is subscribed to the foregoing instrument as the President of Glenbrook at Foothill Crossing Homeowner's Association, Inc., a Virginia non -stock corporation, on its behalf. [Affix Sea]] Notary Public Registration Number: My Commission Expires: -5- EXHIBIT "A" ATTACH SUBDIVISION PLAT 43829998_4