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Home My WebLink AboutSUB202000197 Agreements 2021-04-19Albemarle County TMP# 055EO-01-32-001001 TMP# 055EO-01-32-00300 TMP# 055EO-01-32-00500 TMP# 055EO-01-32-00700 TMP# 055EO-01-32-00200 TMP# 055EO-01-32-00400 TMP# 055EO-01-32-00600 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS OF OLD TRAIL THIS SUPPLEMENTAL DECLARATION ("SRpnlemental Declaration") is made this _ day of March 2021, by MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company (the "Company"), a Grantor and Grantee for indexing purposes, whose address is 1005 Heathercroft Circle, Suite 100, Crozet, Virginia 22932. WITNESSETH: WHEREAS, the Company and Old Trail Community Association, Inc., a Virginia non - stock corporation (the "Association"), executed a Declaration of Covenants and Restrictions of Old Trail dated December 10, 2004, which is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office") in Deed Book 2887, page 336 (as amended and supplemented from time to time, the "Declaration"); WHEREAS, Article II, Section 2 of the Declaration provides that the Company has the right, without further consent of the Association or any Owner (as such term is defined in the Declaration), to bring within the plan and operation of the Declaration additional property by recording a supplementary declaration, which may contain such complementary additions and/or modifications of the covenants and restrictions contained in the Declaration as may be necessary or convenient, in the sole judgment of the Company, to reflect the deferent character of the added properties; WHEREAS, the Company caused to be recorded a subdivision plat of Block 32, Phase 2 Old Trail Village, depicting Lots 1-82 and Pocket Parks A and B, which plat was attached to and recorded with a Supplemental Declaration of Covenants and Restrictions of Old Trail (the "Original Supplement Declaration") in Deed Book 5386, pages 25-263; WHEREAS, the Company desires to record the attached boundary line adjustment plat (the "Plat") adjusting the boundary lines of Lots 1-7 and Pocket Park B as more particularly shown thereon; WHEREAS, by recording this Supplemental Declaration, the Company desires to modify the Original Supplemental Declaration and impose upon the property shown on the Plat the covenants and restrictions of Old Trail set forth in the Declaration, subject however to the modifications provided for herein; and {2803001-2, 112880-00001-03) WHEREAS, capitalized terms not defined herein shall have the meaning set forth in the Declaration. NOW THEREFORE, the Company hereby declares and covenants as follows: Pursuant to Article II, Section 2 of the Declaration, the Company hereby brings the following described property within the plan and operation of the Declaration as an addition to the Existing Property, as described in the Declaration and subject to the modifications to the covenants and restrictions contained in the Declaration as provided for herein (the "Subject Property"): That certain boundary line adjustment plat dated October 23, 2020, last revised February 5, 2021, made by Kirk Hughes & Associates, entitled "Boundary Line Adjustment Lots 1 Through 7 and Pocket Park `B" and a New ACSA Waterline Easement Old Trail Village, Block 32, Phase 2 White Hall Magisterial District Albemarle County, Virginia," which plat is attached hereto and recorded herewith. Amendment to Article VII of the Declaration The Company declares that with regard to the Subject Property Article Vll, Section 9 of the Declaration is hereby amended to provide that the Company reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right, on, over and under the Subject Property to erect, maintain and use cluster mailbox units and associated equipment, lighting and other improvements, as well as road signs and other signage, on, in and over those portions of the Subject Property as may be reasonably determined by the Company, its successors and assigns. The Company further declares that the United States Postal Service (the "USPS") and each Owner assigned a cluster mailbox unit by the USPS shall have an easement of ingress and egress over the Subject Property to access the cluster mailbox units. Amendment to Article IX of the Declaration The Company declares that, with regard to the Subject Property, Article IX, Sections 5(b) and 5(c) of the Declaration are hereby deleted and restated in their entirety as follows: (b) No structure, except as hereafter provided, shall be erected, altered, placed or permitted to remain on a Single Family Lot or Villa Home Site other than one (1) detached dwelling and one (1) small accessory building of not more than three (3) stories, which may include a detached private garage with a second story office or other living space, provided the use of such accessory building does not overcrowd the Property, as determined by the Company in its sole and uncontrolled discretion; and provided, further, that such detached dwelling and such small accessory building are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building. The Company, its successors and assigns, shall have the right to permit Lots to contain one (1) accessory dwelling unit in addition to the primary dwelling unit, which assessor dwelling unit may be rented or leased but only for residential purposes (each an "Accessory Unit"). (2803001-2, 112880-00001-03) 2 (c) If a Lot is not permitted to have an Accessory Unit pursuant to Section 5(b) above, then a guest suite or like facility without a kitchen may be included as part of the main dwelling or accessory building on any Singe Family Lot or Villa Home Site, but such suit may not be rented or leased except as part of the entire premises including the main dwelling; and provided, however, that such suite would not result in overcrowding the Property, as determined by the Company in its sole and uncontrolled discretion. If a Lot is permitted to have an Accessory Unit pursuant to Section 5(b) above, then such Accessory Unit may have a kitchen and may be rented or leased for residential purposes as part of or separately from the primary dwelling unit. The Company declares and ratifies that the Subject Property is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Declaration, as modified and supplemented by this Supplemental Declaration; provided, however that no amendment, supplementation or modification to the Declaration that contradicts the terms and provisions of this Supplemental Declaration shall be effective as to the Subject Property without the written consent of the Company, its successors or assigns. If there is any conflict between the terms and provisions of the Declaration and the terms and provisions of this Supplemental Declaration, this Supplemental Declaration shall control as to the Subject Property. SIGNATURE PAGE FOLLOWS (2803001-2, 112880-00001-031 3 [SIGNATURE PAGE TO SUPPLEMENTAL DECLARATION] WITNESS the following signature and seal: MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company By: C Name: Title: Manager COMMONWEALTH VVrIR_GINIA CITY/COUNTY OFuc�- to -wit, The foregoin iJ}st-ament was acknowledged before me this,day of March 2021, by zZ✓� uN�I�kS as Manager of March Mountain Properties, L.L.C., a Virginia limited liability company. �'/,��" Notary Public My Commission Expires: ID /,31 j d-�-)-'/ Commission No.: (:� Sa A2 3 .), CATHERINE H. FITZGERALD NOTARY PUBLIC REG. #252832 COMMONWEALTH OF VIRGINIA MYCOMMISSION EXPIRES 00131. 2021 12803001-2,112880-WW1-03) 4