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HomeMy WebLinkAboutSUB201700109 Agreements 2018-01-16 TMP:56-35(portion) This document prepared by and to be returned to: Collison F.Royer(VSB 65893) Royer Caramanis&McDonough,PLC 200-C Garrett Street Charlottesville,Virginia 22902 SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR CHESTERFIELD LANDING THIS SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR CHESTERFIELD LANDING (the"Supplementary Declaration") is made this 1 b h► day of 3 A r u A r q , 2018, by SM CHARLOTTESVILLE,LLC, a Virginia limited liability company("D'eclarant"). WITNES SETH : WHEREAS, on July 18, 2016, Declarant recorded that certain Declaration of Covenants, Conditions and Restrictions for Chesterfield Landing dated July 1, 2016,in the Clerk's Office of the Circuit Court of the County of Albemarle,Virginia(the"Clerk's Office"),in Deed Book 4788, page 256(the"Declaration"). WHEREAS, the Declaration governs the planned community located in Albemarle County, Virginia (the "County"), known as Chesterfield Landing and, pursuant to Article II, Section 2, Section thereof(the "Annexation Provision"), Declarant reserved the unilateral right and privilege to expand the Property,as defined in the Declaration,by submitting all or any portion of the Additional Property,as defined in the Declaration,to the provisions of the Declaration and the jurisdiction of the Association,as defined in the Declaration,without the consent of any Owner, as defined in the Declaration,by,recording a Supplementary Declaration in the Clerk's Office. WHEREAS, as evidenced by that certain special warranty deed from Crozet Ave Partners LLC, a Virginia limited liability company, to Declarant dated October 3, 2017, and recorded October 5, 2017, in the Clerk's Office in Deed Book 4968,page 476, Declarant is the owner of that certain real property more particularly described therein(the"Phase II Property"). WHEREAS, Declarant,-pursuant to the Annexation Provision, wishes to supplement the Declaration to include the Phase II Property under the provisions of the Declaration and subject the same to the jurisdiction of the Association. NOW THEREFORE,pursuant to the provisions of the Annexation Provision,Declarant, as Declarant, declares that the Declaration shall hereby be supplemented as set forth below. 1. The Property is hereby expanded, and all of the property further described on Exhibit A attached hereto and made a part hereof by this reference is hereby subjected to the provisions of the Declaration and the jurisdiction of the Association,and the provisions hereof shall apply to all of such real property as if the same were originally part of the Property. • 2. This Supplementary Declaration shall be effective upon recording in the Clerk's Office. [The remainder of this page intentionally left blank. Signature follows on the next page.] • i WITNESS the following duly authorized signatures: SM CHARLOTTESVILLE, LLC, a Virginia limited com y By: Name: Ay ,la C. Holz k/a►r I'a. Its: ?Ce4 So. 12.c5;nv. (GOONWEALTH OF VIRGINIA CITY/ OUNTY OF e Viarla SJ t ,to-wit: The foregoing instrument was acknowledged before me this t�Q day of t)avIt QaY ,2018,by te,UV ('• AQ't1AA J.(-h/1. V�S1(j('t1r of SM Charlottesville, LLC, a Virginia limited liability company, on its behalf. • N Pu My commission expires: A190 \ 3U ,2,0163) „ , Notary registration number: t 1p U179. d ASHLEY NICOLE SIPE • NOTARY PUBLIC REGISTRATION 117680540 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL30,2019 EXHIBIT A All that certain parcel of land,with improvements thereon and appurtenances thereto, situated in Albemarle County,Virginia,on the east side of Route 240,containing 17.700 acres,more or less, shown as NEW TMP 56-35 on a plat of Roudabush, Gale & Associates, Inc., dated August 7, 2017,said plat attached to and recorded with the Deed of Boundary Line Adjustment dated October 3,2017 and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed Book 4968, page 408; AND BEING all of the same property conveyed to Crozet Ave Partners LLC,a Virginia limited liability company,to SM Charlottesville,LLC,a Virginia limited liability company, dated October 3,2017,and recorded October 5,2017,in the aforesaid Clerk's Office in Deed Book 4968,page 476. • P • L�^ 3