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HomeMy WebLinkAboutSUB202100096 Other 2021-05-24Prepared 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 (7.024 acre portion) SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR BELVEDERE Phase 5A (Residential) THIS SUPPLEMENTAL DECLARATION is made this 13th day of May, 2021, by NEW BELVEDERE, INC., a Virginia corporation (the "Declarant"). Recitals: A. Declarant owns that certain parcel of real property consisting of 15.02 acres, more or less more particularly shown as "Existing TMP 62-16D" on Sheet V2 of "Final Subdivision Plat BELVEDERE PHASE 5A Tax Map 62 Parcel 16D Rio Magisterial District, County of Albemarle, Virginia" dated August 21, 2020, and prepared by Brian Jamison, 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) assigned and transferred to Declarant all rights of Declarant under the Belvedere 1 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 7.024 acres more or less including forty-three (43) residential lots (the "Lots") containing in the aggregate 3.362 acres more or less, open spaces containing in the aggregate 2.152 acres more or less, and rights of way containing in the aggregate 1.510 acres, more or less, all as more particularly shown on Sheet V3 of the 5A Plat (collectively, "Phase 5A" ). The Lots consist of five (5) detached residential Lots containing in the aggregate 0.915 acres more or less (the "Residential Lots"), and thirty-eight (38) attached or semi -attached residential Lots, containing in the aggregate 2.447 acres, more or less (the "Townhouse Lots"). E. Declarant wishes to dedicate, reserve, grant and convey easements for private maintenance of retaining walls by Association as more particularly described herein. F. Declarant wishes to dedicate, reserve, grant and convey private storm drainage easements as more particularly described herein. G. Declarant wishes to dedicate, reserve, grant and convey easements for private maintenance of grass and fencing between lots as more particularly described herein. H. Declarant wishes to dedicate, reserve, grant and convey easements for private water laterals as more particularly described 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 Phase 5A 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. z 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 "Owners" and "Type 'A' Voting Members" as such terms are defined in the Belvedere Declaration, and subject to the provisions for voting by joint owners set forth in Article 111, Section 3 of the Belvedere Declaration, shall be entitled to one (1) vote for each Lot in which they hold 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. 3 4. Phase 5A Common Area. a. The areas shown on Sheet V3 as "Open Space A", "Open Space B" and "Open Space C" and "Tot Lot" are hereby designated as "Open Space" and are deemed "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 (collectively the "Phase 5A Common Area"). b. Common Areas Easement. There is hereby created a perpetual, non- exclusive Members' easement in Phase 5A Common Area 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 streets or alleys 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 Spaces defined in the Belvedere Declaration and its supplemental declarations as the other Members of the Association, at no additional cost. 6. Maintenance Easement. Declarant hereby establishes and reserves for itself, for the Association, and for owners of adjoining Lots shown on the 5A Plat and their successors and assigns, a private access and maintenance easement three feet (3') in width along all adjoining side Lot lines (the "Maintenance Easement Areas") for L, the purpose of lawn or ground cover and common fence access and maintenance within the Maintenance Easement Areas. 7. Phase 5A Retaining Walls Maintenance Easement. Declarant hereby establishes and reserves for itself and the Association and their successors and assigns a perpetual, exclusive access and maintenance easement in the areas shown as "NEW VARIABLE WIDTH PRIVATE WALL ACCESS AND MAINTENANCE EASEMENT (the Retaining Wall Maintenance Easement Areas) as shown on Sheet V2 of "EASEMENT PLAT FOR BELVEDERE PHASE 5A ON TAX MAP PARCELS: 62-16D, 62A3-1, 62G-7-C, G2G-7-D, 62G-7-E, 61-160R5, 61-160R7, RIO MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VA," dated September 8, 2020, last revised February 26, 2021, prepared by Brian L. Jamison, L.S., Roudabush Gale & Associates, Inc., recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5542 at p. 731 (the "5A Easement Plat"). The Association and its successors and assigns shall be responsible for maintaining in perpetuity the retaining walls in Phase 5A and all related improvements and structures located within the Retaining Wall Maintenance Easement Areas 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 walls constructed within the Retaining Wall Maintenance Easement Areas. Association shall have the right to enter upon the Retaining Wall Maintenance Easement Areas for the purpose of maintaining, repairing, replacing, constructing, installing, the retaining walls and appurtenances thereto, within such easement areas 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 Areas to maintain the retaining walls, the Association shall have the right of ingress and egress over as much of the property of any Owners adjacent to such Retaining Wall Maintenance Easement Areas as may be required to perform such maintenance as the grantee deems necessary. s The improvements and facilities constructed within the Retaining Wall Maintenance Easement Areas 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 Retaining Wall Maintenance Easement Areas as are consistent with the purposes expressed herein. 8. Private Drainage Easement. Declarant hereby establishes and reserves for itself and Association and their successors and assigns a private storm drainage easement in the areas shown on Sheet V2 of the 5A Easement Plat as "NEW 10' PRIVATE DRAINAGE EASEMENT", to access, construct, install, maintain, repair, replace, and reconstruct storm water drainage systems and structures consisting of pipes and appurtenances thereto. The NEW 10' PRIVATE DRAINAGE 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. Private Water Laterals. The Declarant hereby establishes and reserves to itself, and for its successors in title to the Lots served by the areas shown as "NEW 10' PRIVATE WATERLINE EASEMENT FOR THE BENEFIT OF LOT 36" and "NEW VARIABLE WIDTH PRIVATE WATERLINE EASEMENTS FOR THE BENEFIT OF LOT 35" on Sheet V2 of the 5A Easement Plat exclusive perpetual private utility easements upon, across and under the parcels they cross and the right and privilege to install, maintain, repair, replace and remove conduits pipes and other facilities, systems and equipment for the conveyance of water to the Lots ("Private Water Lateral Easements"). The Private Water Lateral Easements shall include the right to cut trees, bushes or shrubbery and such other rights as the grantee or any governmental authority or utility company providing the utility service may require. The utility lines and equipment installed pursuant to the Private Water Lateral Easements shall be installed below ground, except as otherwise approved by the "ARC" as that term is defined below. 10. Whenever it is necessary for the party entitled to use an easement decribed in sections 7, 8 and 9 above to excavate earth within the easement in order to exercise the property rights served by the easement, the Association or other party 0 entitled to use the easement shall be obligated 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 existed prior to the excavation. The easements provided for herein shall also include the right of the parties benefitted by such easements to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe access and maintenance, and such parties shall have no responsibility to the owner of the property on which such cutting occurs to replace or reimburse the cost of said trees, brush, shrubbery or obstructions if cut, removed or otherwise damaged. 11. 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 Phase 5A and all residue parcels including without limitation the residue parcel created in the 5A Plat described as Residue "TMP 62-16D 7.978 Ac." and parcels described in previously recorded subdivision plats subjected to the Belvedere Declaration, 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 designations as would, in Declarants' sole discretion, facilitate the development of the Parcels as a portion of the Belvedere subdivision. 12. Architectural Control. In addition to the provisions of Article X of the Belvedere Declaration concerning Architectural Control and General Property Covenants, improvements in Phase 5A shall be subject to published Architectural Standards as they may be promulgated and modified from time to time by the Declarant's Belvedere Architectural Review Committee in its sole discretion, or if applicable by the "Belvedere Architectural Review Board" as that term is defined in the Declaration (collectively herein the "ARC"). 7 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 thisZ1 day of 2021 by Steven C. Krohn, Executive Vice President,,N6w,5lvedere, Inc., Grantor. My Commission expires:� -30 Z' Registration Number: CARRIE K KIMBROUGH NOTARY PUBLIC REGISTRATION N 7562867 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES J U N E 30, 2021