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Home My WebLink AboutSUB202100082 Correspondence 2021-10-15 (2)Prepared by and upon recordation return to: Mary Katherine McGetrick, Esq. (VS13 no. 47084) Williams Mullen 321 E. Main Street, Suite 400 Charlottesville, VA 22902 Tax Parcel No. 06100-00-00-0165R and 062FO-04-00-000AO SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DUNLORA PARK THIS SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DUNLORA PARK (this "Supplemental Declaration"), dated as of this _ day of 2021 (the "Effective Date"), by DUNLORA INVESTMENTS LLC, a Virginia limited liability company, to be indexed as a grantor and grantee ("Declarant") and DUNLORA PARK PROPERTY OWNER'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 Dunlora Park (as supplemented and amended, the "Declaration") dated September 19, 2017, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office"), in Deed Book 4961, at page 642, Declarant declared certain real property commonly known as "Dunlora Park" 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 six (6) additional Lots as Phase II of the Dunlora Park residential subdivision, Lots 29-34 (the "Phase II Lots"), adjacent to the Existing Property and including all Common Areas (together, the "Additional Property"), as shown on that certain subdivision plat entitled "FINAL SUBDIVISION PLAT DUNLORA PARK PHASE II Tax Map 61 Parcel 165R & Tax Map 6217-4 Parcel A, RIO MAGISTERIAL DISTRICT, COUNTY OF ALBEMARLE, VIRGINIA" (the "Plat"), prepared by Roudabush, Gale & Associates, Inc., dated July 2, 2021, last revised 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 to the Common Area, as shown on the Plat, and as shown on the plat for the Existing Property (the "Phase I 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 2.233 AC" as shown on the Phase I Plat and "OPEN SPACE A-2 0.379 AC." 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. 4. Declarant and the Association hereby reserve easements for drainage, private sanitary lateral and utilities as shown on the Plat, to benefit the Phase II Lots, and identified as follows (collectively, the "Phase II Easements"): (i) "10' PRIVATE DRAINAGE EASEMENT (HOA) - CALLS TO CENTERLINE," (ii) "5' PRIVATE SANITARY LATERAL EASEMENT (LOT 31) CALLS TO CENTERLINE," (iii) "5' PRIVATE SAN. LAT. ESMT. (LOT 29) — CALLS TO CENTERLINE," and (iv) "VARIABLE WIDTH PRIVATE UTILITY EASEMENT FOR THE BENEFIT OF LOTS 29-34." Subject to the provision of Section 7 below, the Association hereby accepts the Phase II Easements for maintenance and upkeep as provided in Section 6.02 of the Declaration. 5. The Common Areas and the Phase II Easements 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. The Common Areas and Phase II Easements will be maintained in good working order and will be repaired as necessary to maintain functionality. Subject to Section 7 -2- below, repairs and maintenance of the Common Areas and Phase II Easements will be funded by Community Assessments collected pursuant to Section 8.02 of the Declaration. The Association shall be responsible for the cost of the maintenance of, and/or repair to the Common Areas and Phase II Easements, subject to collection of Community Assessments pursuant to Section 8.02 of the Declaration. Any further division of the Existing Property and/or the Phase II Lots shall require the reassessment of cost to be equally shared by all owners of the Existing Property and the Phase II Lots benefiting from the Common Areas and the Phase II Easements. 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. 6. Subject to the provisions of Section 7 below, repairs and maintenance of the Phase II Easements shall be funded by Assessments collected pursuant to Article VIII of the Declaration. The Initial Capital Contribution of each purchaser of a Phase II Lot shall be equal to $ per Lot and shall be payable to the Association at closing on said Lot. The initial annual Reserve Fund Assessment on each improved Phase II Lot shall be $ per year. 7. Each Phase II Lot Owner shall be responsible for maintenance and repair of any damage to the improvements located in the Phase II Easements on such Owner's Lot, including the sanitary lateral line, caused by the use, act or omission of such Owner. 8. 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, any additional improvements or amenities later installed in the Common Areas. 9. 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. 10. 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. 11. 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: DUNLORA INVESTMENTS, LLC, a Virginia limited liability company By: RIVER BEND MANAGEMENT, INC., a Virginia corporation, its Manager Alan R. Taylor, President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me, a Notary Public in the aforesaid jurisdiction, this _ day of 2021, by Alan R. 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 Dunlora Investments, LLC, a Virginia limited liability company, on its behalf. [Affix Seal] Notary Public Registration Number: My Commission Expires: [Section Left Intentionally Blank - Signature Pages To Follow] -4- THE ASSOCIATION: DUNLORA PARK PROPERTY OWNER'S ASSOCIATION, INC., a Virginia non -stock corporation Alan R. Taylor, President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me, a Notary Public in the aforesaid jurisdiction, this _ day of 2021, by Alan R. 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 the President of Dunlora Park Property Owner's Association, Inc., a Virginia non -stock corporation, on its behalf. [Affix Seal] Notary Public Registration Number: My Commission Expires: -5- EXHIBIT "A" ATTACH SUBDIVISION PLAT 45818083_1