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HomeMy WebLinkAboutSUB200600417 Agreements Final Plat 2007-08-20Prepared by /upon recording, return to: &lee Vall y Presea *anon. LLC "-. ',. Box M9 i -tot Sprims, VA '_4445 -Jt«o Tax Map and Parcel Numbers: COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE COPY DECLARATION OF PRESERVATION COVENANT THIS DECLARATION OF PRESERVATION COVENANT ( "Declaration') is made this by EDGE VALLEY PRESERVATION, LLC, a Delaware limited liability company, its successors and assigns ( °Declarant "M or "Grantor" P.O. Box 889, Hot Springs, Virginia 24445. RECITALS WHEREAS, the Declarant is the owner of that certain property more particularly described on Exhibit "A" (the "Property"), which is presently being used for agricultural purposes and contains open space, pastures, forests and other natural areas of significant scenic and aesthetic value to the Declarant and the residents of Albemarle County, Virginia; and WHEREAS, the Declarant desires to preserve the rural, agricultural character and scenic value of the land while permitting environmentally sensitive land use and stewardship of farm lands, forest, and other natural resources; and WHEREAS, the County of Albemarle, Virginia (the "County") has planning, zoning, and land use regulations which would permit development of up to 163 dwelling units within the Property under current zoning applicable to the Property, and WHEREAS, the Declarant intends to encumber the Property with a Community Charter for Bundoran Farm, (the "Community Charter ") regulating the uses, and promoting the preservation and conservation of the open space and other natural areas within the Property; the Community Charter is a private agreement containing various covenants. easements, restrictions, provisions pertaining to assessments and obligations that shall be recorded among the land records of the Circuit Court for the County of Albemarle, Virginia and that shall be binding upon the iuture owners of the Property, their respective heirs, successors, and assigns; WHEREAS, the Declarant also desires to impose a restrictive covenant on the Property limiting the future subdivision and development of the Property to fewer lots and dwelling units than would be permitted by current zoning; and WHEREAS, inasmuch as the Community Charter constitutes a private agreement among the owners of the Property, the Declarant desires to grant to the County a right to enforce this Declaration in perpetuity in order to assure that the public benefit of the rights bestowed and restrictions imposed herein are maintained; NOW. THEREFORE, the Declarant hereby declares that the Property described in Exhibit "A" shall hereafter be held, sold, used, transferred and conveyed subject to this Declaration, which shall be binding upon and enforceable by the Declarant, the County, and the future owners of any portion of the Property, their respective heirs, successors, successors -in- title, and assigns, and any other person or entity that now or hereafter holds any legal, equitable, or beneficial interest in any portion of such property. L Limitation on Develoyment. The Property shall not be subdivided into more than 108 lots nor improved with more than 108, dwelling units without the prior written consent of the record owner(s) of every portion of the Property and the County's written consent. This limitation is not intended to preclude the construction of accessory structures on any lots within the Property or use of portions of the Property for purposes other than dwelling units, provided such use is consistent with applicable zoning on the Property as such zoning exists on the date of this Declaration, complies with the then - current zoning regulations when the use is established and thereafter, and is consistent with the development plan approved by the County, as it may be amended, and the development rights reserved by the Declarant therein. 2. Prohibition on Use or Transfer of Development nights. To the extent that Declarant owns or is entitled to development rights in excess of those permitted under Paragraph 1 by reason of the fact that the zoning now or hereafter applicable to the Property would permit the Property to be developed to a higher density than permitted under Paragraph l of this Declaration, such development rights shall not be exercisable on, above, or below the Property, nor shall they be transferred without the County's prior written consent to any adjacent parcel and exercised in a manner that would interfere with the preservation purposes of this Declaration. 3. Homesites Farmbelt and Greenbelt Zones. The Community Charter restricts residential and associated structures and uses to those areas within the Property best suited for such uses, and in order to preserve sustainable agricultural operations and unique natural features for the balance of the Property. Those areas intended exclusively for agricultural and conservation uses are more clearly defined within the Community Charter as the Farmbelt and Greenbelt Zones. The Community Charter further grants to the Bundoran Farm Community Association, Inc., its successors, and assigns, a perpetual, exclusive easement (subject to any pre - existing rights and easements) over such Farmbelt and Greenbelt Zones for the purposes of. (a) engaging in agricultural operations and activities within those portions of the Farmbelt zones consisting primarily of pastures and fields suitable for such activities, which agricultural activities may include planting, raising, and harvesting of crops, trees, and/or fruit, grazing and keeping of horses and livestock (excluding pigs and hogs); aquaculture; special events to promote and celebrate farming and agriculture (e.g., county, fair, farm sales, and similar events); (b) . engaging in the following activities within those portions of the easement area lying outside the Farmbelt Zone (constituting the Greenbelt Zone): such timbering, logging, and silviculture activities- as the Association deems appropriate for maintenance of the Greenbelt Zone in its natural condition as forest or open space, and recreational pursuits such as hiking, hunting, horseback riding, and other recreational activities as the Association may permit; and (c) engaging in such other forest, Land, water, and wildlife management and environmental activities and practices as the Association deems appropriate, which shall specifically include the right to apply fertilizers, pesticides and fungicides and the right to remove or bring onto the Far nbelr and Greenbelt Zones such materials as may be necessary or convenient to the maintenance and improvement of to the Farmbelt and Greenbelt Zones or to sound farming and land management practices. , 4. Certain Use Restrictions for the Benefit of the Public. Notwithstanding anything to the contrary which may be contained in the Community Charter, the Declarant hereby agrees that so as to assure that the minimum amount of land area within the Farmbelt and Greenbelt Zones remains consistent with plans that have been reviewed and approved by the County, no single Homesite on a lot within the Property shall exceed two (2) acres is size, (notwithstanding the overall amount of acreage contained in such lot), without the County's consent. Furthermore, the following uses shall be prohibited outside of a Homesite within the Farmbelt and Greenbelt Zones, without the County's consent: A. Single family detached dwellings; B. Side -by side duplexes C. Sawmills, planing mills and wood yards; D. Private airport, heliport, helistop, or flight strip, (except as may exist on the date of this Declaration). Within each Homesite, there shall be no disturbance of critical slopes (slopes of 25% or greater as determined by reference to either topographic quadrangle maps of the Geological Survey — U.S. Department of Interior (contour inten al twenty (20) feet) or a source determined by the County engineer to be of superior accuracy) for the construction of buildings or septic fields. 5. Prohibition on Clear - Cutting. The clearcutting of timber is prohibited within the Farmbelt and Greenbelt Zones, except as provided for herein. Forestal uses are permitted, including, but not limited to, reforestation, site preparation, timber harvesting and forest management activities undertaken to produce wood products and /or improve the health and productivity of the woodland. Timber cutting shall be by selective harvesting in accordance with the recommendations of the Virginia Department of Forestry. Following all timber harvesting operations, all logging roads and skid trails shall be adequately maintained to minimize erosion and the degradation of stream water quality. Notwithstanding the foregoing, the Declarant may remove or control, as appropriate: (1) trees and vegetation to control insect and disease infestations and to prevent personal injury or property damage; (2) dead, diseased and dying trees; (3) vegetation that is determined to be an "invasive exotic species," as such species shall be determined by reference to the appropriate federal or state agency list available at the time of removal or control; and (4) fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem. 6. Risht to Inspect; Enforcement. Declarant hereby creates, reserves for itself, and grants to the County, a perpetual right and license, without obligation, for their respective authorized employees and agents to enter upon the Property at reasonable times and upon reasonable notice to the owner to inspect for compliance with the limitation set forth in Paragraphs 1, 4 and 5; provided, such license shall not permit entry into any structure on the Property without the consent of the owner thereof. In the event that the County determines that a violation of this Declaration exists, it may pursue any and all remedies available at law or in equity to enforce this Declaration, including seeking to enjoin the violation, to require corrective action, and to recover damages for loss of scenic, aesthetic, or environmental values. Any costs which the County reasonably incurs in taking enforcement action under this Declaration shall, upon the County's written demand, promptly be reimbursed by the owner of the Property or that portion thereof which is determined to be in violation, and shall constitute a lien against the Property or that portion thereof which is determined to be in violation until paid. Enforcement action shall be at the County's discretion and any delay or forbearance by the County in exercising its rights hereunder in the event of a breach shall not constitute a waiver by the County of the right thereafter to take action with respect to the same or any subsequent breach. Nothing herein shall be construed to grant any right of access over the Property to the general public. i, Duration. This Declaration, as it may be amended, is intended to have perpetual duration. If Virginia law now or hereafter limits the period during which col enants may run with the land, then this Declaration shall be effective for an initial term of 21 years from the date it is recorded and thereafter shall be renewed and extended automatically for successive 10 -year periods unless the record owner(s) of 100% of the Property and the County agree in writing to terminate this Declaration and that agreement is recorded within the year before any renewal. In such case, this Declaration shall terminate on the date specified in such recorded -agreement. For the purposes of this Declaration, the Farmbelt and Greenbelt Zones and the Homesite restrictions crated herein shall continue for as Long as this Declaration is in force and has effect as such exist in the Charter recorded in conjunction with the first final subdivision plat for Bundoran Farm, regardless of whether the Community Charter is hereafter terminated or amended S. Severability. If any court having jurisdiction should determine that any provision of this Declaration is invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or applications- of such provision. 9. Amendment. This Declaration may be amended only by an instrument executed by the record owners) of 100% of the Property and by the County, which amendment shall be effective only upon recording in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, or such other place as may hereafter be designated as the official location for filing documents affecting title to real estate in Albemarle County in order to make them a matter of public record. 10, Countv as Third -Party Beneficiary. Although it is not a parry to this Declaration, the County is an intended third -party beneficiary of the terms, conditions and restrictions imposed herein and shall have all of the rights, to enforce such terms, conditions and restrictions. In witness of the foregoing, the Declarant has executed this Declaration this 16 day of DECLARANT: EDGE VALLEY PRESERVATION, LLC, a Delaware limited liability company BY: QROE -CA BUNDORAN, LLC, a Delaware limited liability company, its manager Name: 27#4 a_1 _�_ _ A-( 5' Its: General Manager COM 1ONWF,AI_TI1 OF VIRGINLA V � , COt'NTY OF t I ,4agh Pdkij, a notary public for _Albetirist County, in the Cotnmorwealth of V:reua:a, do certify that �5 C. doff , , 0enend Man 3per of QROE',C.A BI NDOR N LLC, a Delaware linnited habilitt coma an} stile Manager of FDt E VALLEY PRESERVATION, Li_C, a Delaware limited liability company, is signed to the writing above bearing date on the 24� day of 2001, has acknowledged the aiie before me in mE court y aforesaid. Gie,en under my hand this ' _ day of. =±", '_0 %7 Notar4 Put =lit 1 My commission expires: EXHIBIT "A" Lezal Descrirtion of Property