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Home My WebLink AboutSUB202000222 Agreements 2021-09-13 (4)Prepared 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 (as supplemented and amended, 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, as supplemented by that certain Supplement to Declaration of Covenants, Conditions and Restrictions for Glenbrook at Foothills Crossing dated February 24, 2021, recorded in the Clerk's Office in Deed Book 5500, page 365, 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 forty-eight (48) additional Lots as Phase IIB of the Glenbrook at Foothill Crossing residential subdivision, Lots 162-209, adjacent to the Existing Property and including all Common Area (the "Additional Property"), as shown on that certain subdivision plat entitled "FINAL SUBDIVISION PLAT GLENBROOK AT FOOTHILLS PHASE IIB TMP 56-57B2, TMP 56K-A2 AND A PORTION OF TMP 56K1-155, WHITE HALL DISTRICT, COUNTY OF ALBEMARLE, VIRGINIA" (the "Plat"), prepared by Roudabush, Gale & Associates, Inc., dated December 7, 2020, last revised August 19, 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 add certain open space, recreational areas and trails to the Common Area, 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. Declarant and the Association further declare that "Common Areas" as defined in the Declaration are hereby expanded to include those areas designated as "OPEN SPACE A 0.282 AC" and "OPEN SPACE 13-RECREATION AREA-0.989 AC" (collectively, the "Recreation Area"), each as shown on the Plat. The Association hereby accepts these Common Areas for maintenance and upkeep as provided in Section 6.06 of the Declaration. Declarant intends to install a primitive trail and certain recreation equipment in the Recreation Area (the "Common Area Amenities") and the Association hereby accepts the Common Area Amenities for maintenance and upkeep as provided in Section 6.06 of the Declaration. The Common Area Amenities shall be maintained in perpetuity to a standard that, at a minimum, ensures that they will remain in at least substantially the condition they were in when approved by the County, namely: in good working order, without any major defect. 4. Declarant and the Association further declare that the definition of "Maintenance" in Section 1.13 is hereby amended to include the Maintenance of the Common Area Amenities. The Common Area Amenities will be maintained in good working order and will be repaired as necessary to maintain functionality. Repairs and maintenance of the Common Area Amenities will be funded by Community Assessments collected pursuant to Section 8.02 of the Declaration. Any landowner subject to this instrument may record a lien against a non-contributing landowner, bring an action at law to collect the funds, or both. -2- 5. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein, including but not limited to, the Common Area Amenities and any additional improvements or amenities later installed in the Common Areas. 6. 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. 7. 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. 8. This Supplemental Declaration may be executed in multiple counterparts and a facsimile signature shall be considered the same as an original. [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, Lo COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Gh=.lo{ Favl!a to -wit: The foregoing instrument was acknowledged before me, Tur.4,[eYck a Notary Public in the aforesaid jurisdiction, this 7�t day of p .. , 2021, by AlanR. Taylor, 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 Seal] ,o�,�ER A. 4Dy�', J. • NorARv Notary Public PUBLIC C) REG. #780710.3i Q coMn+issioN ` = o : z Registration Number:'7gO7lD7 g :• PxPiaes My Commission Expires: L!k.% 7/I" ZDZ? [Section Left Intentionally Blank - Signature Pages To Follow] -4- THE ASSOCIATION: GLENBROOK AT FOOTHILL CROSSING HOMEOWNER'S ASSOCIATION, INC., a Virginia non - stock coroorati4k COMMONWEALTH OF VIRGINIA CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me, 1cri�kmw Lg? a Notary Public in the aforesaid jurisdiction, this 7*' day of $dp{ti„G . , 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 Seal] p�.gR A. " Notary Public J �o aUs�isc Registration Number: %S'07(O ` G. #7807103 My Commission Expires: oaf 71 rr 2,9 2 3 COMMISSION EXPIRES 2 -5- EXHIBIT "A" ATTACH SUBDIVISION PLAT 45939074_2