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HomeMy WebLinkAboutVA200600012 Agreements 2005-04-22 Instrument Control Number • Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [4/18/2005 A 0 Instrument Type: [DEC X R E Number of Parcels I 31 X Number of Pages I 531 M City (7 County x [Albemarle County (Box tor Deed Stamp Only)] p First and Second Grantors _ Last Name I First Name I Middle Name or Initial I Suffix • x fSUGARAY LLC ] [ ][ ][ I ❑ ❑ I J[ ][ ][ I First ariSI Second Grantees Last Name I First Nam', I Middle Name or Initial I Suffix ❑ I fSUGARAY LLC ][ ] [ ] [ ❑ ❑ I ][ ] ( ] [ J Grantee Address (Name) fSUGARAY LLC (Address 1) [690 BERKMAR CIRCLE (Address 2) I ] (City,State,Zip) [CHARLOTTESVILLE ] [VA I [22901 Consideration[0.00 ]Existing Debt 10.00 ] Assumption Balance (0.00 Prior Instr.Recorded at:City ❑ County❑ [ ] Percent. in this Juris. [ 1001 Book I ] Page [ I Instr. No I I Parcel Identification No(PIN) I I Tax Map Num. (If different than PIN) [061Y0 00 00 000A0 I Short Property Description [LOTS A GLENWOOD STATION I I 1 Current Property Address (Address 1) [GLENWOOD STATION LANE (Address 2) [ I (City,State,Zip) [CHARLOTTESVILLE ][VA 1[22901 I Instrument Prepared by [SCOTT KRONER PLC I Recording Paid for by [SCOTT KRONER PLC I Return Recording to (Name) [JOAN SCOTT I (Address 1) [SCOTT KRONER PLC (Address 2) [P 0 BOX 2737 I (City,State,Zip) [CHARLOTTESVILLE ] [VA] [22902 Customer Case ID [44701 I I I[ ] r �.Cover Sheet Page#1 of 2 �4} f f NiTE 4 4 Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C (ILS VLR Cover Sheet Agent 1.0.66] T G Date of Instrument: [4/18/2005 I A RR 0 Instrument Type: [DEC I • X A A R ; N N P Number of Parcels [ 3] • E T T X 0 E Number of Pages [ 53] E R E City ❑County x [Albemarle County I (Box for Deed Stamp Only) M Grantors/Grantees/Parcel Continuation Form C P _L _ _ _ Last Name I First Name i Middle Name or Initial I Suffix DODO I ][ ] [ ] [ I ELIDE I ] [ ][ ][ ❑ ❑ ❑ ❑ I ] [ ] [ ][ ❑ ❑ ❑ [11 I ] [ ] [ ][ ❑ ❑ ❑ [11 I ] [ ] [ ][ I Prior Instr.Recorded at: City ❑ County❑ I I Percent. In this Juris. I 1001 Book [ I Page I I Instr.No I Parcel Identification No(PIN) [ Tax Map Num. (if different than PIN) [061Y0 00 00 000B0 I Short Property Description [LOT B GLENWOOD STATION I [ Current Property Address (Address 1) [GLENWOOD STATION LANE I (Address 2) I I (City,State.Zip) [CHARLOTTESVILLE ] [VA ] [22901 1 Prior Instr.Recorded at: City ❑ County❑ [ ] Percent. in this Juris. 1 100] Book I ] Page [ ] Instr.No [ Parcel Identification No(PIN) I I Tax Map Num. (if different than PIN) 1061Y0 00 00 00000 I Short Property Description [LOT C I [ I Current Property Address (Address 1) [GLENWOOD STATION LANE I (Address 2) [ I (City,State,Zip) [CHARLOTTESVILLE ][VA ] [22901 I I ,4,�I ]+l,VF 1Y11 II I Cover Sheet Page#2 of 2 4 DECLARATION OF CONDOMINIUM OF GLENWOOD STATION COMMERCIAL CONDOMINIUM •T.14.#061Y0-00-00-000A0; 061Y0-00-00-000B0; 061Y0-00-00-0000 THIS DECLARATION,dated as of April 18,2005 by SUGARAY,LLC,a Virginia liability company (which, with its successors and assigns as condominium developers of the real estate described in Exhibits A and B hereto, is hereinafter referred to as "Declarant"), for the purpose hereinafter provided,recites: Recitals: Declarant is the owner of certain land (the "Land") situated in the County of Albemarle, Virginia, as more particularly described in Exhibit A hereto and desires to create thereon a condominium regime by submitting the Land to the provisions of Chapter 4.2 of Title 55 of the Code of Virginia of 1950,as amended,Va.Code Ann.Sections 55-79.39 et seq.(the"Condominium Act"). Each reference in the Condominium Instruments to a particular statute of the Condominium Act shall be deemed to be a reference to that statute as in effect on the date of recordation of this instrument, except where the context clearly indicates a contrary intent. Declarant explicitly reserves the nght to expand the Condominium to include all or part of that certain additional land(the"Additional Land")situated in the County of Albemarle.Virginia,as more particularly described in Exhibit B. Declarant has deemed it desirable to establish a means whereby the Unit Owners, acting together,may manage,maintain and improve the Condominium and to that end has caused to be formed a Virginia nonstock corporation under the name Glenwood Station Commercial Condominium Association. Declaration: NOW THEREFORE,pursuant to the Condominium Act,Declarant hereby declares that the Land and the Additional Land is and shall be held,transferred, sold, conveyed and occupied subject to the covenants,restrictions,easements,charges and liens hereinafter set forth. ARTICLE I Definitions Section 1. "Additional Land" means the land, air space nghts belonging thereto and improvements thereon located in Albemarle County, Virginia and described in Exhibit B, attached hereto. Prepared by:Scott Kroner,PLC,Charlottesville,VA • Section 2. "Articles of Incorporation"means the Articles of Incorporation of the Association, as the same may from time to time be amended. A copy of the Articles of Incorporation is attached hereto as Exhibit F. Section 3. "Association" or "Unit Owners Association" shall mean the Glenwood Station Commercial Condominium Association, a Virginia non-stock corporation, formed pursuant to the Articles of Incorporation filed with the State Corporation Commission of the Commonwealth of Virginia, which shall function as the Unit Owners Association for the Condominium. Section 4. "Board of Directors" or "Board" shall mean the Board of Directors of the Association. Section 5. "Bylaws"shall mean the Bylaws of the Association, as the same may be amended from time to time. A copy of the Bylaws is attached hereto as Exhibit G. Section 6. "Common Elements"shall have the meaning set forth in Va.Code Ann.Section 55- 79.41 including, specifically corridors between units, lobbies, stairwells, elevators and restrooms directly accessible from the other Common Elements. Section 7. "Common Expenses"shall have the meaning set forth in Va.Code Ann.Section 55- 79.41. Section 8. "Condominium" shall mean the real estate and any incidents thereto or interests therein from time to time submitted to the Condominium Act pursuant to this Declaration. Section 9. "Condominium Unit"shall have the meaning set forth in Va.Code Ann.Section 55- 79.41. Section 10. "Condominium Instruments" shall mean the documents described as such in Va. Code Section 55-79.41. Section 11. "Declarant" shall mean Sugaray,LLC, its successors or assigns. Section 12. "Declaration" shall mean this instrument, as the same may be amended from time to time. Section 13. "Limited Common Elements" shall have the meaning set forth in Va. Code Ann. Section 55-79.41. Section 14. "Mortgagee"shall mean the holder of a note secured by a deed of trust encumbering a Unit. -2- 4 Section 15. "Percentage Interest"shall mean the respective percentage mterest appurtenant to each Unit and representing that Unit's interest in Common Elements, voting interest and, except as otherwise provided,liability for Common Expenses. The Percentage Interest appurtenant to each Unit is set forth in Exhibit D hereto. Section 16. "Person"shall have the meaning set forth in Va. Code Ann. Section 55-79.41. Section 17. "Phase"shall mean that portion of the Land submitted to this Declaration from time to time,including each portion of the Additional Land subsequently submitted. Section 18."Plats and Plans"are the as-built plats of survey and plans included in Exhibits C and D,respectively, attached hereto. Section 19. "Rules and Regulations" shall mean the rules and regulations from time to time adopted by the Board of Directors pursuant to the Bylaws. Section 20. "Size"of each Umt is the total number of square feet of floor space comprising the Unit, including any terrace, patio, balcony or other appurtenant improvement, which size shall be determmed by reference to the dimensions shown on the Plats and Plans. Section 21. "Unit"shall have the meaning set forth in Va. Code Ann. Section 55-79.41. The boundaries of each Unit are more particularly described in Section 2 of Article II hereof. Section 22 "Unit Owner"shall mean the owner of a Condominium Unit(including Declarant as to Condominium Units owned by Declarant), but excluding those holding title merely as security for the performance of an obligation. ARTICLE II Creation of the Condominium Section 1. Declarant hereby submits the Land to the provisions of the Condominium Act with the purpose and intent of creating a condominium regime with respect thereto. The name of the Condominium shall be "Glenwood Station Commercial Condominium." Section 2. (a) The boundaries of each Unit shall be as follows: (i) The lower(horizontal)boundary of each Unit is the honzontal plane of the upper surface of the concrete floor slab of such Unit. -3- (ii) The upper(horizontal)boundary of each Unit is the horizontal plane of the lower surface of the ceiling joists of the Unit. (iii) The vertical(penmetric)boundaries shall be the vertical planes of the perimeter walls [as measured from inside face of concrete masonry or storefront] of a Unit extended to intersections with other vertical boundaries and with the horizontal boundaries. In the case of adj oimng Units located on the same floor,the vertical(perimetric) boundary of each such Unit with respect to the dividing wall between such Units or between a particular Unit and adjacent Common Elements shall be the vertical plane(s) of the center line of the mtenor wall dividing such Units extended to intersections with other vertical boundaries and with the horizontal boundaries. In the case of such a dividing wall,the studs themselves shall be limited common elements appurtenant to the Units divided by the dividing wall. It is understood that Va.Code Ann.Section 55-79.50(b)shall apply and that all doors and windows in such walls, and all lath, wallboard, plasterboard, plaster, paneling, tiles, wallpaper,paint and other materials constituting any part of the finished surface thereof,shall be a part of the Unit, while all other portions of such walls shall be a part of the Common Elements. Notwithstanding the foregoing,terraces,patios,balconies which provide access directly to a particular Unit shall be deemed to be located entirely within such Unit's boundaries and shall not be deemed Limited Common Elements. (b) Except as may be otherwise expressly provided,the Unit shall include the items specified as being part of a Unit m Va.Code Ann.Section 55-79.50(b)-(e). Heating,air-conditioning and air-handling("HVAC")equipment servicmg a single Unit(wherever located)shall be deemed to be a part of the Unit which it serves. If a single Unit's electrical meter or master switch is located outside the designated boundaries of the Unit,the switch and its cover shall be part of the Unit. If any equipment, chute, flue, duct, conduit, wires, pipes, chases or other apparatus (collectively, "Equipment") lies within a Unit or the Common Elements but serves a single Unit (the "dominant Unit") other than the Unit or the Common Elements m which it is located (the "Sentient Unit or Common Elements"), it shall be deemed to be part of the dominant Unit. The Unit Owner of the dominant Unit shall have the right of access through the servient Unit or Common Elements at reasonable times and upon reasonable advance notice to the Unit Owner of the sentient Unit or to the Unit Owners Association as to sentient Common Elements to inspect the Equipment and to maintain, repair and replace same when necessary;provided however,that the Unit Owner of the dominant Unit shall repair or replace any damage to the sentient Umt or Common Elements caused by his exercise of rights hereunder. A Unit Owner may rewire his Unit to accommodate the needs of the occupant of the Unit so long as all such wiring is m accordance with applicable codes and laws and good engineering practice. A Unit Owner may install multiple meters to the extent empty conduit and meter bases have been provided with the initial construction of the Unit. (c) To the extent not inconsistent with the Condominium Act,the existing physical boundaries of a Unit or Common Elements(including the physical boundaries of a Unit or Common Elements reconstructed in substantial accordance with the original plat and plans thereof)shall prevail over any boundaries expressed in the Condominium Instruments or deed to a Unit,regardless of settling -4- or lateral movement of a building or minor variance between boundaries shown in the Condominium Instruments. Section 3. Except as may be otherwise expressly provided,the items specified in Va. Code Ann.Section 55-79.50(e)shall be Limited Common Elements appertaining to the Unit or Units which they serve. Canopies, stairs and sidewalks adjacent to and solely serving a single Unit constitute Limited Common Elements and are assigned to the Units shown on the plans attached as Exhibit D hereto; canopies, stairs,porches, balconies and sidewalks serving more than one Unit are Common Elements. Utility lines and equipment serving the entire Condominium shall be Common Elements except to the extent the lines and equipment are the property of the utility company or governmental entity providing the utility service. Parking and landscaping areas included within the property submitted to the Condominium shall be Common Elements owned by the Unit Owners and not owned by the Declarant or a third party. No Common Elements shall be subsequently assigned as Limited Common Elements. Section 4. Each Unit is allocated an undivided interest in the Common Elements in accordance with that Unit's respective Percentage Interest (which Percentage Interest is on a footpnnt square footage basis and is set forth m Exhibit E hereto). Section 5. Attached hereto as Exhibit C are the plats of survey certified by a licensed land surveyor[as to accuracy and compliance with the provisions of Va.Code Sections 55-79.58.A and 55- 79.58.B] showing the location and dimensions of the real estate comprising the Condominium, the location and dimensions of the existing improvements,the intended location and dimensions of any contemplated improvements (if any), and the location and dimensions of all easements (if any) appurtenant to the Condominium or otherwise submitted pursuant to the Condominium Act as a part of the Common Elements. Section 6. Attached hereto as Exhibit D is a set of plans certified by a licensed architect, licensed land surveyor or licensed engineer [as to accuracy and compliance with Va. Code Ann. Sections 55-79.58.B and 55-79.58.E]of every structure which contains or constitutes all or part of any Unit or Units, and which is located on the Condominium. The plans also show the horizontal and. vertical boundaries and the identifying numbers of the Units thus depicted. Section 7. Declarant reserves the nght to modify,alter,remove or improve defective,obsolete or nonfunctional portions of the Common Elements, including, without limitation, any equipment. fixtures and appurtenances when, in Declarant's sole discretion, it is necessary or desirable to do so, until the expiration of the applicable warranty period. Section 8. Nothmg shall be done to any Unit,or m,on or to the Common Elements or Limited Common Elements,which may impair the structural integrity of any improvement. -5- Section 9. Any conveyance, encumbrance, judicial sale or other transfer (voluntary or involuntary)of a Unit's individual interest in the Common Elements will be void unless the Unit to which that interest is allocated is also transferred. ARTICLE III Easements and reserved rights Section 1. Subject to subsection 2(c) of Article II, easements for encroachments are hereby reserved pursuant to Va.Code Ann. Section 55-79.60. Section 2. Each Unit shall have an easement for subjacent and lateral support vis a vis the other Units and Common Elements,and such easement shall automatically arise upon the submission of the Additional Land and addition of Units and/or Common Elements to the Condominium as contemplated by Article IX. Section 3. The Unit Owners Association may install separate utility meters and apparatus in connection therewith m Units in lieu of any central meter should the Association determme to do so. The Unit Owners Association may assess as part of Common Expenses the cost of any utility service supplied to all Umts. Section 4. Nothmg contained in any of the Condominium Instruments shall be deemed to impose upon Declarant any obligation of any nature to build,construct or provide any improvements except to the extent expressly required herein or in the Condominium Act. Section 5. Easements are hereby reserved for all telephone,electric,gas,security systems,DSL communications, master television antennas and cable television, sewer, water and other utility and service lines, and all drain lines, exhausts, stairs, elevators, duct work or similar facilities serving individual Units,Limited Common Elements or Common Elements for the benefit of the Unit Owners or Association benefitted thereby,as the case may be,to the extent the same run in,through,over or under any other Unit, Limited Common Element or Common Element, as the case may be. By these easements, it shall be expressly permissible for the Association to grant to the appropriate public authorities and/or private companies and contractors permits,licenses and easements under,over and through the Common Elements to construct and maintain the necessary appurtenances and improvements on,above,across,and under the Condominium,provided that such appurtenances and improvements do not unreasonably interfere with the use and enjoyment of the Condominium. Should any public authority and/or private company furnishing a services request a specific easement,permit, 'or license,the Board shall have the right to grant such easement,permit,or license without conflictmg with the terms hereof. In addition,in the event the Board determines that the grant of easement nghts to others is m the best mterest of the Association,the Association shall have the right to grant the same, provided that use of the same would not,in the sole judgment of the Board,unreasonably interfere with the use and enjoyment of the Condominium by the Unit Owners. -6- Section 6. The Condominium shall be subject to that certain Declaration of Covenants, Reservations and Cross Easements,by Parkside I,LLC,a Virginia limited liability company,dated as of August 16, 2004 and recorded August 17, 2004 in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 2820, at pages 329-348, as the same may be amended or restated from time to tune. Section 7. Nothing contained in this Declaration shall be deemed to grant any easements to the public or for the public's use. Non-exclusive easements are hereby granted to all police, firemen, ambulance operators, postal services, delivery persons, and trash removal personnel to enter the Common Elements in the performance of their duties,subject to such reasonable rules and regulations as the Board may establish from time to time. Section 8.The Declarant reserves a transferable easement over and on the Common Elements for the purpose of making improvements on the Land and Additional Land pursuant to the provisions of the Condominium Instruments and the Condominium Act, and for the purpose of doing all things reasonably necessary and property m connection therewith. Section 9. The Declarant shall own in fee simple each Condominium Unit to which legal title is not conveyed or otherwise transferred to another person or entity. The Declarant retains the nght to enter mto leases with any person or entity for the occupancy of any of the units owned by the Declarant, the terms of which shall not be inconsistent with the terms,conditions and restrictions contained in this Declaration. ARTICLE IV Relocation of Unit Boundaries;Subdivision Section 1. Boundaries of adjoinmg Umts may be relocated in accordance with Va.Code Ann. Section 55-79.69;provided,however,that the prior written consent of any Mortgagee(s)of the Units involved shall be required to permit such relocation;and provided, further,that pursuant to any such relocation of boundaries no masonry or similar types of walls may be erected except along areas approved, in writing,by the Association's Board of Directors. Section 2. A Unit may be subdivided in accordance with Va. Code Ann. Section 55-79.70; provided, however,that the prior written consent of any Mortgagee(s)of the Unit involved shall be required to permit such subdivision; and provided,further,that pursuant to any such subdivision no masonry or similar types of walls may be erected except along areas approved, in writing, by the Association's Board of Directors. -7- ARTICLE V Restrictions Section 1. Each Unit and the Common Elements shall be occupied and used as follows: (a) Nothmg shall be done or kept in any Unit,in the Limited Common Element or the Common Elements which will increase the rate of insurance for the Condominium without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Umt or in the Limited Common Elements or Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste will be committed in the Limited Common Elements or Common Elements. (b) No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. No nuisance shall be allowed in any Unit, Limited Common Elements or Common Elements, and the Board of Directors shall have authority to prohibit any practice which is a source of annoyance to other Unit Owners or which interferes with the peaceful enjoyment and use of any Unit,Limited Common Elements or Common Elements. All laws, orders, rules,regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit Owner or the Unit Owners Association,whichever shall have the obligation to maintain or repair such portion of the Condominium, and, if the latter, then the cost of such compliance shall be a Common Expense,unless a majority of the Board of Directors determines that an alteration is required to bring the Condominium into compliance as a direct result of actions taken or proposed to be taken by a particular Unit Owner,m which case the cost of such alteration may be charged to such Unit Owner. (c) No Unit Owner shall obstruct any of the Common Elements, nor shall any Unit Owner store anything upon any of the Common Elements(except in those areas,if any,designated for such storage by the Board of Directors)without the approval of the Board of Directors. Nothing shall be altered or constructed in or removed from the Common Elements except with the prior written consent of the Board of Directors. (d) No Unit shall be used for other than office, commercial or other non-residential uses. (e) The Common Elements shall be used only for the furnishing of the services and facilities for which the same are reasonably suited and which are incidental to the use and occupancy of the Units. -8- (f) No Umt Owner or Unit Owner's tenant shall conduct any busmess in the Unit without first obtaining the written approval of the Board of Directors which shall have the exclusive right to review and approve the type of business of the Unit Owner or Unit Owner's tenant to ensure its compatibility of use with the other businesses within the Condominium and to ensure overall Condominium compliance with applicable County parking requirements;however,such approval shall not be unreasonably withheld. In all circumstances,such business use shall comply with all applicable laws, codes,ordinances and regulations of Albemarle County,Virginia. (g) No Unit Owner or Unit Owner's tenant shall have the right to independently apply to the County of Albemarle,Virginia for a"special use permit"for any use within Glenwood Station Commercial Condominium without first obtaining the written consent for such use from the Board of Directors. (h) Each Unit Owner shall keep his Unit heated to no less than 50 degrees (F) at all tunes,or shall in some way acceptable to the Board of Directors ensure that no water pipe in, above or below the Unit is permitted to'freeze and burst. (i)No business transactions shall be conducted upon any Common Element or Limited Common Element without the prior written consent of the Board of Directors. (j)No mobile home, trailer, camper, bus, truck over 3/4 ton rated capacity, boat or unregistered motor vehicle may be placed, parked or stored on any Common Element, either temporarily or permanently. (k) No outdoor vending machines may be placed on any Common Element, either temporarily or permanently. Section 2. Each Unit and the Limited Common Elements and Common Elements shall be occupied and used m compliance with such Rules and Regulations which may be promulgated and amended from time to time by the Board of Directors. Copies of the Rules and Regulations shall be furnished by the Board of Directors to each Unit Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each Unit Owner upon request. Section 3.The Albemarle County Off-Street Parking Ordinance requires that one parking space shall be provided for each 200 net square feet of building space(net is defined as 80%of total square feet of building space). Accordingly,no business shall be permitted to be operated in any Unit which requires a higher concentration of parking spaces without first obtammg the prior written consent of the Declarant(during the penod of Declarant Control)or from the Board of Directors(after the period of Declarant Control). -9- ARTICLE VI Termination Termination of the Condominium shall be in accordance with Va.Code Ann.Sections 55-79.71 and 55-79.72:1: provided however, that termination shall not occur without such written consent of Mortgagees as is required under the Bylaws. ARTICLE VII Unit Owners Association Section 1. Determination of Common Expenses and Assessments Against Unit Owners. (a) Fiscal Year. Unless otherwise determined by the Board of Directors, the fiscal year of the Association shall be the calendar year,except that in the initial year of operation of the Association,the fiscal year shall commence with the consummation of the sale of the first Unit and shall end on December 31°` - (b) Preparation and Approval of Budget. Each year on or before December 1, the Board of Directors shall adopt a budget for the Association containing an estimate of the total amount which it considers necessary to pay the cost of utility services,maintenance,management, operation, repair and replacement of the Common Elements; and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Condominium Act,the Condominium Instruments,or a resolution of the Board of Directors, and which will be required during the ensuing fiscal year for the administration, operation,maintenance and repair of the Common Elements,including Limited Common Elements, of the Condominium and the rendering to the Unit Owners of all related services. The budget may also include: 1. the cost of any maintenance,repair and replacement of any Unit if such maintenance,repair or replacement is reasonably necessary,in the discretion of the Board of Directors, to protect the Common Elements or to preserve the appearance or value of the Condominium or is otherwise in the interest of the general welfare of all Unit Owners. Except as provided in Section 4(e) below, no maintenance, repair or replacement of any Unit shall be undertaken without(i)a resolution by the Board of Directors,and(ii)prior reasonable written notice to the Unit Owner of the Unit proposed to be maintained,repaired or replaced. Unless the Board of Directors determines otherwise after consideration of all relevant factors, the cost of any maintenance, repair or replacement to a Unit shall be assessed against the Unit to which such maintenance, repair or replacement is performed. Once so assessed, a statement for the amount thereof shall be rendered promptly to the Unit Owner at which time the assessment shall become due and payable and shall constitute a continuing lien and obligation of the Unit Owner as provided in this Declaration and Section 55-79.84 of the Condominium Act. -10- 2. any amount necessary to discharge any lien or encumbrance levied against the Condominium, or any portion thereof, which may, in the opinion of the Board of Directors,constitute a lien against the Common Elements. 3. any reasonable amounts as the Board of Directors considers necessary to provide a working fund for the Association, a general operating reserve, and reserves for contingencies and replacements. (c) Assessment and Payment of Common Expenses. 1. The Board of Directors shall send to each Unit Owner a copy of the budget,in itemized form, which sets forth the amount of the Common Expenses payable by each Unit Owner, at least ten (10) days pnor to the beginning of the fiscal year to which the budget applies. The budget shall constitute the basis for determining each Unit Owner's contribution towards the Common Expenses of the Association. The total amount of the estimated funds required for the operation of the Association set forth in the budget for the fiscal year adopted by the Board of Directors shall be assessed against each Unit in proportion to its Percentage Interest, and shall constitute a lien against each Unit as provided in Section 55-79.84 of the Condominium Act. The total annual Common Expense assessment shall be due and payable when such assessment is made, but installment payments of one-twelfth(1/12)of the assessment for such fiscal year may be made monthly,in advance, beginning on or before the first day of the first month of the fiscal year,and contmuing on the first day of each of the succeeding eleven(11) months. The obligation to pay annual Common Expense assessments applicable to the original Umts and to any Units created on the Additional Land shall: (i) commence on the earlier of(a)the first day ofthe first calendar month following the issuance of a certificate permitting occupancy ofthe Unit,or(b)sixty(60)days followmg the conveyance of the first Unit in a building within the Condominium; and (ii) be prorated for any partial year if the date that the obligation to commence paying annual Common Expense assessments is other than the first day of the Association's fiscal year. Such payments shall be made by each Unit Owner to the Board of Directors or its designated agent without offset,reductions or counterclaims. Within sixty(60) days after the end of each fiscal year,the Board of Directors shall supply to all Unit Owners an accounting of the Common Expenses for such fiscal year actually incurred and paid,together with a tabulation of the amounts collected pursuant to the budget adopted by the Board of Directors for such fiscal year,and showing the net amount over or short of the actual expenditures plus reserves. Any amount accumulated in excess of the amount required for actual expenses and reserves may, if the Board of Directors deems it advisable, be -11- credited, according to each Umt's Percentage Interest, to the installments due in the succeeding months of that or the following fiscal year. 2. The Association shall have the right to enter into cost sharing agreements with other persons or associations to provide for the management and upkeep of improvements and areas that benefit the Association, as determined by the Board of Directors. (d) Reserves. The Board of Directors may accumulate and maintain reasonable reserves for contingencies and replacements,unless otherwise determined by the Board of Directors. Extraordinary expenditures not originally included in the annual budget that may become necessary during the year shall be charged first against reserves allocated thereto. If the reserves are inadequate for any reason, including non-payment of any Unit Owner's assessment, the Board of Directors may at any time levy a special assessment, which shall be assessed agamst the Units according to their respective Percentage Interests, and which may be payable in a lump sum or in installments as the Board of Directors may determine. The Board of Directors shall give written notice of any such special assessment to all Unit Owners, by mail or hand delivery, stating the amount and reasons therefor, and the special assessment shall, unless otherwise specified in the notice,become effective immediately and payable with the next monthly payment which is due after the delivery or mailing of the notice of further assessment. All Unit Owners shall be obligated to pay the adjusted monthly amount or,if the additional assessment is not payable in installments,the full amount of such assessment when due in accordance with this Section. (e) Initial Assessment. When the first Board of Directors,elected or designated pursuant to the Condominium Instruments,takes office,it shall determine the budget for the first fiscal year of the Association. Assessments shall be levied against the Unit Owners during this period as provided in Section 1(c)above. (f) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt the annual budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expense as herein provided whenever the same shall be determined,and in the absence of any annual budget or adjusted budget,each Unit Owner shall continue to pay the monthly charge established for the previous fiscal period until the new annual or adjusted budget shall have been delivered. (g) Accounts. All sums collected by the Board of Directors with respect to assessments against the Unit Owners may be commingled into a single fund,but shall be identified and accounted for as to each Unit Owner. (h) Association's Units. Should the Association be the Owner of a Unit or Units, any assessment which would be otherwise due and payable to the Association by the owner of such Unit or Units,reduced by the amount of income which might be derived from the leasing of such -12- Unit or Units, shall be apportioned and an assessment therefore levied ratably among the Owners of all Units not owned by the Association based upon the respective Percentage Interests appertaining to those Units. (i) Loans from Declarant. The Association shall accept loans made by the Declarant from time to time to cover operating shortfalls and other capital needs of the Association. (j) Working Capital. Upon the initial sale of each Unit,the Board shall collect from the purchaser of the Unit an amount equal to two-twelfths(2/12)of the assessment for such fiscal year as working capital. Such payment shall not be considered a prepayment of regular Common Expense assessments. Declarant shall not be permitted to use the working capital funds for Declarant's expenses, reserve contributions or construction costs or to make up any budget deficits during the Declarant Control Period. Following the end of the Declarant Control Period, the Board shall have the authority to transfer a portion of these funds to reserve accounts. (k) Restrictions on Increases in Assessments. If the Common Expense assessment for a fiscal year exceeds the Common Expense assessment for the prior fiscal year by twenty-five percent(25%)or more,such increase shall require the approval of Unit Owners of Units to which at least sixty-seven percent(67%)of the Percentage Interests appertain. Section. 2 Payment of Common Expenses. (a) Default and Acceleration. All Unit Owners shall be obligated to pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of Section 1 (c) above and any assessment not paid within thirty(30) days after it is due shall be m default. Upon default the entire annual assessment attributable to the defaulting Unit Owner shall immediately become due and payable,unless otherwise determined by the Board of Directors. No Unit Owner shall be liable for the payment of any part of the Common Expenses assessed against his Unit subsequent to a sale,transfer or other conveyance by him of such Unit. Upon payment to the Association of a reasonable fee established from time to time by the Board of Directors, any Unit Owner shall be entitled to a statement from the Treasurer setting forth the amount of the unpaid assessments against the Unit Owner pursuant to Section 55-79.84 of the Condominium Act. (b) Effect on Mortgages. A lien for assessments shall not be affected by the sale or transfer of a Umt except the foreclosure of a Mortgage. Notwithstanding any other provision of this Declaration,the lien for any assessment or other charge levied pursuant to this Declaration on any Unit shall be subordinate to the rights of a Mortgagee. Any Mortgagee who obtains title to a Unit pursuant to the remedies provided in the Mortgage,or other purchaser at the foreclosure of a Mortgage, will not be liable for any assessments or other charges accrued prior to the date the mortgagor is divested of title,and the lien for assessments due and owing prior to such divestment shall terminate upon the sale of a Unit at the foreclosure of a Mortgage. -13- Section 3. Collection of Assessments. The Board of Directors shall take prompt action to collect any assessments for Common Expenses due from any Unit Owner which remain unpaid for more than thirty (30) days from the due date for payment thereof. A late charge, costs, and interest in amounts established by the Board of Directors from time to time shall be added to any assessment or installment thereof not paid within ten (10) days after the due date thereof. Such collection shall be pursuant to the provisions of Section 55-79.84 of the Condominium Act. Section 4. Maintenance,Repair.Replacement and Other Common Expenses. (a) By the Association. Except as provided below, the Association shall be responsible for all maintenance, repair and replacement of the Common Elements, including the Limited Common Elements,and all terraces,patios and balconies.The cost of all such maintenance, repairs and replacements made by the Association to the Common Elements and Limited Common Elements shall be a Common Expense unless (i) in the opinion of a majority of the Board of Directors,such expense was incurred due to the negligence,misuse or neglect of a Unit Owner or such Owner's tenant, licensee or invitee, in which event such expense may be charged to the responsible Unit Owner, or(ii) the Rules and Regulations of the Association provide otherwise. Additionally,the costs associated with maintenance,repair and replacement of the terrace,patio or balcony appurtenant to a particular Unit shall be assessed entirely to such Unit Owner. The Association shall not be responsible for the maintenance or replacement of any HVAC System located on the Common Elements if the HVAC system serves only one Unit. Such responsibility shall be solely that of the benefitted Unit Owner. Notwithstanding the above, the cost of maintaining the parking area exclusively serving a particular building within the Condominium shall be allocated solely to the Unit Owners of such building,and the cost shall be allocated among such Unit Owners in the proportion that each Unit Owner's Percentage Interest bears to the Percentage Interests appertaining to all Units in that building. (b) By the Unit Owner. Each Unit Owner shall: 1. keep his Unit and any Limited Common Element appurtenant to his Unit,and its equipment, appliances, including,without limitation, the HVAC System designed to service only that Unit, and appurtenances in good order, condition and repair and in a clean and sanitary condition; 2. be responsible for all damage to any other Units or to the Common Elements resulting from his negligence or misuse,or the negligence or misuse of the Unit Owner's tenant,licensee or invitee,or from the Unit Owner's failure to make any of the repairs required by this Section; 3. perform his responsibility in a manner which shall not unreasonably disturb or interfere with the other Unit Owners; -14- 4. promptly report to the Board of Directors or its designee any defect or need for repairs for which the Board of Directors is responsible; 5. make all repairs and replacements to his Unit(exclusive of terraces, patios or balconies which shall be maintained by the Association as provided in Section 4(a)above; and 6. keep any terrace,patio or balcony appurtenant to his or her Unit in a clean and sanitary condition. (c) Manner of Repair and Replacement. All repairs and replacements shall be of first-class quality and shall comply with all of the building codes applicable in Albemarle County, Virginia. The method of approving payment vouchers for all repairs and replacements which are the responsibility of the Association shall be determined by the Board of Directors. Limited Common Elements and Common Elements shall be restored or repaired to substantially the same condition as existed prior to the damage, allowing for any changes or improvements necessitated by changes in applicable building codes and changes in the availability,quality,durability,and cost of replacement materials. (d) Services Benefiting Less Than All Units. Any Common Expenses paid or incurred by the Association in making available off-site amenities or paid subscription television or other services to some or all of the Unit Owners shall be assessed equally against the Units involved. (e) Routine Maintenance of Certain Unit Components. The Board may elect to enter into maintenance, service or similar agreements with vendors and/or service providers for certain components of the Units for any reason the Board deems appropriate. If the Board approves any such agreement, the Board (a) shall cause the Unit Owners to be promptly notified, (b) may adopt and announce rules and regulations to facilitate the provision of such services without interference by the Unit Owners,and(c)determine what portion of the cost for such inspections and routine maintenance shall be a Common Expense. The Board may require a Unit Owner to enter into an agreement with the vendor or service provider for any additional services or materials required to maintain,repair or replace such components. In addition,the Board shall have the right to approve all contractors, vendors and service providers providing materials or services to or for the benefit of any Unit. Section 5. Additions, Alterations, or Improvements by Board of Directors. Except during the Declarant Control Period, whenever in the judgment of the Board of Directors, the Common Elements shall require additions, alterations or improvements costing in excess of TEN THOUSAND AND NO/DOLLARS ($10,000.00) or five percent (5%) of the annual budget, whichever is greater(the"Improvement Cap"),during any period of twelve(12)months,the making of such additions,alterations or improvements shall be approved by a majority of the Unit Owners -15- (except that no Unit Owner approval shall be required for additions, alterations or improvements required to comply with applicable law or governmental regulation,or to correct any deficiency or defect creating a safety or health hazard to occupants). If a majonty of the Unit Owners grant such approval,the Board of Directors shall proceed with such additions,alterations or improvements and shall assess all Unit Owners for the cost thereof as a Common Expense. Any additions, alterations, or improvements costing an amount equal to or less than the Improvement Cap during any period of twelve(12)consecutive months may be made by the Board of Directors without approval of the Unit Owners and the cost thereof shall constitute part of the Common Expenses. Notwithstanding the foregoing,if it is determined by a majority of the members of the Board of Directors that such additions, alterations or improvements are exclusively for the benefit of the Unit Owner or Unit Owners requesting the same, such assessments may be made against such requesting Unit Owners m such proportion as they jointly approve,or if they are unable to agree thereon,in such proportions as may be determined by the Board of Directors. (a) Unit Owners Other Than Declarant. Except as hereinafter provided,no Unit Owner may make any improvements or alterations within his Unit that would impair the structural integrity of any structure or otherwise lessen the support of any portion of the building. If a Unit Owner acquires an adjoining Unit,or an adjoining part of an adjoining Unit,then such Unit Owner shall have the right to remove all or any part of any intervening partition or to create doorways or other apertures therein, notwithstanding the fact that such partition may in whole or in part be a Common Element, so long as no portion of any bearing wall or bearing column is weakened or removed and no portion of any Common Element other than that partition is damaged,destroyed, or endangered. No Unit Owner shall make any alteration in or to his Unit except as provided in Section 55-79.68 of the Condominium Act. No Unit Owner shall make any structural addition, alteration or improvement in or to the exterior of his Unit without first obtaining the prior written consent of the Board of Directors,and the approval of the appropriate and necessary authorities of the County of Albemarle,Virginia. Unless the foregoing approvals are obtained, no Unit Owner shall install, replace or repair any electrical, television, DSL or other wiring, television, radio or communications antennas or other objects,satellite dish,machine or air conditioning units,awning, pipes, conduit or any other such device or improvement, including HVAC systems, which may protrude through the walls,roof,ceiling,floor or windows of the Unit,or between Units,or in any manner alter the appearance of any exterior portion of the Unit (including color or appearance). Absent such written consent by the Board of Directors,the Unit Owner shall be responsible for the cost of repairs to the Limited Common Elements and/or Common Elements which are necessitated by such offending actions,including but not limited to the expense incurred as a result of voided warranties. If approval of such plans and specifications is neither granted nor denied by the Board of Directors within thirty(30)days following receipt by the Board of Directors of the Unit Owner's written request for approval,the Unit Owner making such request shall deliver written notice to the Board of Directors of its failure to act,and if approval is neither granted nor denied within fifteen -16- (15) days thereafter, the plans and specifications shall be deemed to be disapproved by the Board of Directors. If any application to any governmental authority for a permit to make any such structural addition, alteration or improvement in or to any Unit requires execution by the Association, and provided consent has been given by the Board of Directors, then the application shall be executed on behalf of the Association by the Board of Directors without,however,incurring any liability on the part of the Board of Directors or Association to any government,municipality, contractor, subcontractor or materialman on account of such addition, alteration or improvement, or to any person having claim for injury to persons or damage to property arising therefrom. The Unit Owner requesting the improvement shall pay the costs of preparing and filing all applications. (b) Declarant's Units. The provisions of this Section 5 shall not apply to Units owned by the Declarant until deeds conveying title to such Units shall have been recorded. The Declarant shall have the right to make such improvements or alterations without the consent of the Board of Directors and the Board of Directors shall execute any application by the Declarant to any governmental authority which may be required. Section 6. Use of Common Elements. A Unit Owner shall not place or cause to be placed in any of the common areas or common facilities constituting the Common Elements,other than areas which may be designated as the Limited Common Elements appurtenant to the Unit Owner's Unit, any obstructions, furniture, packages or objects of any kind, except as otherwise allowed under rules and regulations adopted by the Board of Directors, as same may be amended from time to time. Section 7. Utility Charges. Each Unit Owner shall be responsible for all charges or assessments for utilities, including but not limited to gas, electricity, DSL, cable television and telephone charges, supplied to each Unit Owner's Unit and separately metered for that Unit. The cost of utilities serving the Condominium which are not individually metered to each Unit shall be a Common Expense. Section 8. Use of Units and Common Elements; Rules and Regulations. (a) Leases. 1. The nght of any Unit Owner to lease a Unit is subject to such rules and regulations as may be established by the Board of Directors,and the Condominium Instruments. The Declarant may lease unsold Units. 2. Unit Owners(other than the Declarant)may not lease Units without the prior written approval fo the Board of Directors. No Unit Owner shall lease a Unit other than on a written form of lease,requiring the lessee to comply with the Condominum Instruments and such rules and regulations as are promulgated by the Board of Directors from time to time; and, -17- providing that failure to so comply constitutes a default under the lease. Any lease entered into without the approval of the Board of Directors shall be void and without legal effect. 3. There are no restrictions on the right of any Urut Owner to resell his or her Unit. 4. The provisions of this Section shall not apply to the Declarant or to any Mortgagee who comes into possession of a Unit by reason of any remedies provided by law or in any Mortgage, or as a result of foreclosure or judicial sale, or as a result of any proceeding, arrangement, or deed in lieu of foreclosure. (b) Declarants Use. Nothing in these Bylaws shall be construed to prohibit the Declarant from (a) using any Unit owned by Declarant for promotional, marketing, sales, construction,settlement or display purposes or from using any appropriate portion of the Common Elements for such purposes, or(b) leasing any Unit or Units which Declarant owns. (c) Rules and Regulations. 1. A portion of the Common Elements is reserved for vehicular parking. The Commons Elements provided and available may be regulated by the Board of Directors, and the Declarant and the Association reserve the right to number the parking spaces and to assign them as Limited Common Elements for the exclusive use of certain Unit Owners. Handicapped spaces will be assigned in accordance with prevailing rules and regulations and the Association shall have the right to reassign parking spaces to accommodate disabled persons. All remaining spaces,if any, are unallocated and open to all on a first come-first served basis. The use of any spaces not assigned to individual Units are subject to restrictions as set forth in the rules and regulations for the Condominium and the Declaration referred to in Article III,Section 7. In addition,nothing shall be altered or constructed in or removed from the Common Elements without the pnor written consent of the Board of Directors. 2. The Board of Directors is hereby authorized to adopt, modify and rescind from time to time rules and regulations that it determines are (i) reasonably necessary to protect the health, safety and welfare of the Unit Owners or (ii) otherwise generally in the best interest of the Unit Owners. ARTICLE VIII Obligation to Complete Section 1. Declarant shall substantially complete all Units in any portion of the Additional Land prior to submission of that portion of the Additional Land to this Declaration. Declarant shall complete any improvements to the Common Elements labeled"(Not Yet Completed)"on the Plats and Plans within one hundred eight days (180) days after submission of such Common Elements to this -18- Declaration as such period may be extended for unavoidable delays. Section 2. Declarant shall have no obligation to begin and complete any improvement labeled "(Not Yet Begun)"on the Plats and Plans. ARTICLE IX Option to Expand Section 1. Declarant reserves an option exercisable until the seventh(7th)anniversary of the recordation of this Declaration to expand the Condominium within the Additional Land from time to time,whether contiguous or non-contiguous, m compliance with Sections 55-79.54(c)and 55-79.63 of the Condominium Act, without the consent of any Unit Owner being required prior to such anniversary. Such expansion may only be effected by the filing by the Declarant of an amendment to this Declaration. The Additional Land,or any Phase thereof,may be added to the Condominium at any time,at different times,in any order,without limitation;provided,however,that the Additional Land shall not exceed the area described m Exhibit B hereto. There are no other limitations on the option to expand. The amendment shall describe the Additional Land, or Phase thereof, submitted to the Condominium, the Units, the Common Elements, and Limited Common Elements, if any, located thereon, and the Percentage Interests and votes allocated to each Unit located in the portion of the Additional Land submitted. Section 2. Declarant makes no assurances as to the location of improvements within the Additional Land,or that the units created on any portion of the Additional Land will be substantially identical to the units on the Submitted Land. At such time as the Condominium is expanded, the maximum number of Units within the Additional Land will not exceed twenty-four(24)for a total of thirty-six (36)Units within the entire Condominium when fully expanded. Units constructed within the Additional Land shall be consistent in structure type,construction quality and matenals with the other Units. The Percentage Interest allocated to each Unit shall be adjusted at the time the Additional Land, is added to the Condominium. Declarant reserves the right to designate Limited Common Elements on the Additional Land and the right to designate Common Elements therein that may be subsequently assigned as Limited Common Elements. The allocation of Percentage Interests in the Additional Land shall be made as required by Section 55-79.56(b) of the Condominium Act on the basis set forth in Section 15 of Article I of this Declaration. ARTICLE X Insurance Section 1. Authority to Purchase. (a) Association Policies. Except as otherwise provided in Section 5,all insurance policies relating to the Condominium shall be purchased by or on behalf of the Association. Neither the Association, any officer or director, a Managing Agent, nor the Declarant shall be liable for -19- failure to obtam any coverages required by this Article to be obtained by or on behalf of the Association if such failure is due to the unavailability of such coverages from reputable insurance companies,or if such coverages are available only at demonstrably unreasonable cost. Pursuant to Section 55-79.81(b) of the Condominium Act, the Secretary shall promptly furnish to each Unit Owner written notice of the procurement, subsequent changes in, and the termination of all insurance coverage obtained on behalf of the Association. (b) General Requirements. Each policy purchased by or on behalf of the Association shall provide,to the extent reasonably available at reasonable rates,that: 1. The insurer waives any right of subrogation against the Declarant,the Association,the officers and directors,Managing Agent,the Unit Owners and Mortgagees,and their respective agents, employees and invitees; 2. The policy shall not be cancelled,invalidated or suspended due to the conduct of any officer or director, Unit Owner, Managing Agent, or any invitee,agent, officer, or employee of any of the foregoing without a prior demand in writing to the Board of Directors or the Managing Agent(whichever is applicable)that the defect be cured,followed by failure to cure the defect within sixty(60) days after such demand; and 3. The policy shall not be cancelled or substantially modified for any reason(including nonpayment of premium)without at least sixty(60) days'prior written notice to the Board of Directors and the Managing Agent and, in the case of physical damage insurance, to all Mortgagees. (c) Declarant Coverage. The Declarant shall be protected by all policies obtained by or behalf of the Association as a Unit Owner as long as it owns any Unit. (d) Rating. All policies of insurance obtained by Unit Owners or by or on behalf of the Association shall be written by companies licensed to do business in the Commonwealth of Virginia, and assigned an"A"rating or better by Best's Insurance Reports. (e) Insurance Trustee as Loss Payee. All policies of insurance obtained by or on behalf of the Association shall provide that they are payable to the Insurance Trustee (as defined below). -20- Section 2. Common Element Physical Damage Insurance. (a) Policy Requirements. The Board of Directors shall obtain and maintain a blanket, "all-risk" form policy of fire insurance with extended coverage, vandalism, malicious mischief,windstorm,debris removal,cost of demolition and water damage endorsements,insuring all of the utility systems,if any,other than improvements such as curbs,gutters,and other items not normally insured, if any. Such insurance shall cover the interests of the Association, the Board of Directors and all Unit Owners and their Mortgagees,as their interests may appear(subject,however, to the loss payment and adjustment provisions in favor of the Board of Directors as Insurance Trustee contained in Sections 6 and 7 of this Article),and shall be in an amount that would provide for one hundred percent(100%)of the then current replacement cost of the insured portions,if any, of the Common Elements (exclusive of land, excavations, foundations and other items normally excluded from such coverage), without deduction for depreciation. Such amount shall be determined annually by the Board of Directors with the assistance of the Managing Agent, the insurance company affording such coverage,and(if the Board so resolves)a qualified appraiser of real estate. (b) Specific Requirements. Such policy shall also provide: 1. A waiver of any right of the insurer to repair,rebuild or replace any damage or destruction if a decision is made pursuant to Section 5 of Article XI of this Declaration not to do so, and, in such event, that the insurer shall pay on the basis of the agreed amount endorsement; 2. The following endorsements(or equivalent): (i) "no control" (to the effect that coverage shall not be prejudiced by any act or neglect of any Unit Owner, occupant, or other person if such act or neglect is not within the control of the insured,nor by any failure of the insured or any other person to comply with any warranty or condition concerning any portion of the Condominium not controlled by the insured); (ii) "contingent liability from operation of building laws or codes"; (iii) "increased cost of construction" or"condominium replacement cost"; and(iv) "agreed amount" or elimination of coinsurance clause; 3. That any"no other insurance"clause excludes individual Unit Owners' policies from its operation so that the physical damage policy purchased on behalf of the Association shall be deemed primary coverage and any individual Unit Owners'policies shall be deemed excess coverage, and in no event shall the insurance coverage obtained and maintained on behalf of the Association hereunder be brought into contribution with insurance purchased by individual Unit Owners or their Mortgagees unless otherwise required by law; and 4. That a duplicate original of such policy,all renewals thereof, and any subpolicies or certificates and endorsements issued thereunder,together with proof of payment of premiums, shall be delivered by the insurer to any Mortgagee whose request therefore is received -21- by the insurer at least thirty(30)days prior to expiration of the then current policy. Section 3. Liability Insurance. The Board of Directors shall obtain and maintain comprehensive general liability insurance(including without limitation coverage of all officers and directors against libel, slander, false arrest, invasion of privacy, and errors and omissions) and property damage insurance in such limits as the Board may from time to time determine,msunng the Association,each officer and director,the Managing Agent,each Unit Owner,each Mortgagee, and the Declarant against any liability to the public or members of their households arising out of or incident to the ownership or use of the Common Elements. Such insurance shall be issued on a comprehensive liability basis and shall contain: (i)a cross liability endorsement under which the rights of a named insured shall not be prejudiced with respect to his action against another named insured; (ii)hired and nonowned vehicle coverage:(iii)host liquor liability coverage with respect to events sponsored by the Association;(iv)deletion of the normal products exclusion with respect to events sponsored by the Association;and(v)a"severability of interest"endorsement which shall preclude the insurer from denying liability to a Unit Owner because of negligent acts or omissions of the Association,any officer(s),or any other Unit Owner(s). The Board of Directors shall review such limits once a year,but in no event shall such insurance be less than a combined single limit of One Million Dollars($1,000,000)covering all claims for bodily injury or property damage arising out of one occurrence. Section 4. Other Insurance. The Board of Directors may, in its discretion,obtain and mamtam: (a) Fidelity Coverage. Adequate fidelity coverage to protect against dishonest acts on the part of officers, agents and employees of the Association and all others who handle or are responsible for handling funds of the Association. The fidelity bonds shall:(i)name the Association as an obligee;(ii)be written in an amount not less than one-half(1/2)of the total annual assessments for Common Expenses for the then current fiscal year;provided,however,the aggregate amount of the bonds shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the Managing Agent at any given time during the term of the bond, or a sum equal to three(3)months' aggregate assessment on all Units plus reserve funds; and(iii) contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee" or similar expression; (b) Workers'Compensation. Worker's compensation insurance if and to the extent necessary to meet the requirements of law; and (c) Other Insurance. Such other insurance as the Board of Directors may determine is appropriate or as may be required from time to time by resolutions of the Association. -22- t. Section S. Unit Physical Damage Insurance. (a) Policy Requirements. Each Unit Owner shall, at his own expense, obtain and maintain in full force and effect a condominium unit owner's casualty policy insuring such Unit and any improvements to the Unit in an amount that would provide for one hundred percent(100%)of the then current replacement cost thereof(exclusive of Common Elements and foundations and other items normally excluded from coverage),without deduction for depreciation, including insurance coverage for his personal liability;provided,however,that no Unit Owner shall acquire or maintain insurance coverage so as to decrease the amount which the Association may realize under any insurance policy,or to cause any insurance coverage in favor of the Association to be brought into contribution with insurance coverage obtained by a Unit Owner. All policies obtained by Unit Owners individually shall contam waivers of subrogation if permitted by the msuring company without additional premium. (b) Specific Requirements. Such policy shall also provide: 1. The following endorsements(or equivalent): (i)"no control" (to the effect that coverage shall not be prejudiced by any act or neglect of any person if such act or neglect is not within the control of the insured, nor by any failure of the insured or any other person to comply with any warranty or condition concerning any portion of the Condominium not controlled by the insured);(ii) "contingent liability from operation of building laws or codes";(iii)"increased cost of construction"or"condominium replacement cost";and(iv)"agreed amount"or elimination of coinsurance clause; 2. That any "no other insurance" clause excludes policies obtained by or on behalf of the Association from its operation so that the physical damage insurance on Units obtained by Unit Owners shall be deemed primary coverage with respect to the Units and any policy obtained by or on behalf of the Association shall be deemed excess coverage,and in no event shall the insurance coverage obtained by any Unit Owner be brought into contribution with any policy obtained by or on behalf of the Association unless otherwise required by law; and 3. That a duplicate original of each policy,all renewals thereof, and any subpolicies, certificates and endorsements issued thereunder, together with proof of payment of premiums, shall be delivered by the insurer to the Association and any mortgagee whose request therefore is received by the insurer at least thirty(30) days prior to expiration of the then current policy. (c). Association's Right to Procure Unit Insurance. In the event any Unit Owner shall fail to provide a policy of hazard insurance with respect to a Unit as required in this Section, then the Board of Directors may, but shall not be obligated to,obtain such a policy with respect to the Unit, on behalf of such Unit Owner, and all expenses incurred by the Board of Directors in connection with obtaining such policy shall be repaid by such Unit Owner to the Association -23- promptly upon demand by the Board of Directors. Any expenses incurred by the Association pursuant to this Section shall be charged to the responsible Unit Owner,and such expenses shall be secured by the lien for payment of Common Expenses as provided in this Declaration. Section 6. Insurance Trustee. All physical damage insurance policies purchased by or on behalf of the Association shall be for the benefit of the Association,the Unit Owners, and their Mortgagees, as their respective interests may appear, and shall provide that all proceeds of such policies shall be paid in trust to the Board of Directors as"Insurance Trustee"to be applied pursuant to the terms of Article XIV of this Declaration. The sole duty of the Insurance Trustee shall be to receive such proceeds as are paid to it and to hold the same in trust for the purposes stated in Article XIV of this Declaration, for the benefit of the msureds and their beneficiaries thereunder. Section 7. Board of Directors as Agent. The Board of Directors as Insurance Trustee is irrevocably constituted as agent for the Association, each Unit Owner, each Mortgagee, other named insureds and their beneficiaries, and any other holder of a lien or other interest in the Condominium, to adjust and settle all claims arising under insurance policies purchased by the Board of Directors and deliver releases upon the payment of claims. Nothing in this Section shall supersede the rights of any construction lender with a lien on the Condominium. ARTICLE XI Repair And Reconstruction After Fire Or Other Casualty Section 1. When Repair and Reconstruction are Required. Except as otherwise provided in this Article,upon damage to or destruction of all or any part of the insured Common Elements, as a result of fire or other casualty, the Board of Directors under the direction of the Insurance Trustee shall arrange for and supervise the prompt repair and restoration thereof. Section 2. Procedure for Reconstruction and Repair. (a) Cost Estimates. Immediately after a fire or other casualty causing damage to any part of the insured Common Elements,the Board of Directors under the direction of the Insurance Trustee shall obtain reliable and detailed estimates of the cost of such repair and restoration to a condition as good as that existing before such casualty or damage. Such costs may also include professional fees and premiums for such bonds as the Insurance Trustee determines necessary. (b) Assessments. If the proceeds of insurance are not sufficient to defray such estimated costs of reconstruction and repair or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs thereof are insufficient,assessments for such deficiency shall be made against all the Unit Owners in proportion to their respective Percentage Interests. (c) Encroachments. Section 55-79.60 of the Condominium Act (Easement for -24- L Encroachments)shall apply if encroachments upon or in favor ofUnits are created as a result of such reconstruction or in any event contemplated and set out in Section•55-79.60, and no such encroachment shall give rise to a claim or basis for any action for removal thereof by the Unit Owner upon whose property such encroachment results. Section 3. Plans and Specifications. Any reconstruction or repair of the Units and the Common Elements shall be substantially m accordance with the plans and specifications under which the Condominium was onginally constructed,regardless of whether such improvements are insured by a policy earned by the Unit Owner or the Association, but subject to changes in applicable building codes and changes in the availability,quality,durability and cost of replacement materials. Section 4. Disbursements of Construction Funds. (a) Construction Fund. The net proceeds of insurance collected on account of a casualty and the funds received by the Board of Directors or Insurance Trustee from assessments against Unit Owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this section but subject to the provisions of any Mortgages encumbering Units as provided in Article XIV of this Declaration. The net proceeds of insurance collected on account of a casualty shall be deposited by the Board of Directors with the Insurance Trustee, and the entire construction fund shall be disbursed by the Insurance Trustee. (b) Method of Disbursements. 1. If the cost of reconstruction or repair is less than Twenty-Five Thousand Dollars($25,000),then the construction fund shall be disbursed by the Insurance Trustee in appropriate progress payments,to any contractors,suppliers,and personnel performing the work or supplying materials or services for such repair,restoration or reconstruction as are designated by the Board of Directors. 2. If the estimated cost of reconstruction and repair is Twenty-Five Thousand Dollars($25,000)or more,then the construction fund shall be disbursed in payment of such costs upon approval of an architect qualified to practice in Virginia, and employed by the Insurance Trustee to supervise such work,with payment to be made from time to time as the work progresses. The architect shall be required to furnish a certificate giving a brief description of the services and materials furnished by various contractors,subcontractors,matenalmen,the architect and other persons who have rendered services or furnished materials in connection with the work and stating that(A)the sums requested by them in payment are justly due and owing and that such sums do not exceed the value of the services and matenal furnished; (B) there is no other outstanding indebtedness known to the architect for the services and materials described; and(C) the cost as estimated by the architect for the work remaining to be done subsequent to the date of -25- • • such certificate does not exceed the amount of the construction fund remaining after payment of the sum so requested. (c) Surplus. It shall be presumed that the first monies disbursed in payment for the cost of reconstruction and repair shall be from insurance proceeds; and if there is a balance in a construction fund after the payment of all the costs of the reconstruction and repair for which the fund is established, such balance shall be divided among all Unit Owners in proportion to the Percentage Interests appertaining to their respective Units and disbursed in accordance with the priority of interests at law or in equity m each Unit. (d) Certificate. The Insurance Trustee shall be entitled but not obligated to rely upon a certificate executed by the President or Vice-President, and the Secretary, of the Association certifying: 1. The name of the payee and the amount to be paid with respect to disbursements from any construction fund held by it or whether surplus funds to be distributed are less than the assessments paid by the Unit Owners; and 2. All other matters concerning the holding and disbursing of any construction fund. The certificate shall be delivered to the Insurance Trustee promptly after request. Section 5. When Reconstruction is Not Required. If two-thirds (2/3) or more of the Condominium is rendered untenantable and eighty percent(80%) or more of the Owners vote at a special meeting of the Association (to be held for such purpose within thirty (30) days after such casualty)that the Condominium not be repaired and if the insurance policy covering such damage does not require otherwise, and all Mortgagees agree, then any insurance proceeds received on account of such damage along with the net assets of the Condominium,shall be divided by the Board of Directors or the Insurance Trustee, as the case may be, among all Unit Owners in proportion to the Percentage Interests appertaining to their respective Units, after first paying out of the share of each Unit Owner,to the extent sufficient therefore,the amount of any unpaid liens on that Owner's Unit in the order of prionty of such liens, and any costs and expenses necessary to demolish the property and terminate the Condominium as may be required by law. ARTICLE XII Miscellaneous Section 1. Except as otherwise provided herein(including specifically, but without limitation, Article IV hereof),this Declaration may be amended only in accordance with Sections 55-79.63 and 55-79.71 of the Condominium Act;provided however,that amendments of this Declaration,the Bylaws or the Articles of Incorporation other than those terminating the Condominium and other than those -26- requiring a higher percentage vote of Unit Owners and other than those permitted under Section 55- 79.71.F of the Condominium Act shall require the agreement of Unit Owners of Units to which 67% or more of the votes m the Unit Owners Association appertain. Section 2. Invalidation of any one of the provisions, covenants or restrictions set forth in this Declaration shall in no way affect any other provisions hereof,which other provisions shall remain in full force and effect. Section 3. The provisions hereof shall be binding upon and inure to the benefit of Declarant and the Unit Owners and the Unit Owners Association, their respective heirs, legal representatives, successors and assigns,and,in the event of the failure of any Unit Owner to comply with the provisions of the Condominium Instruments, the same shall give rise to a cause of action in the Unit Owners Association or any aggrieved Unit Owner for the recovery of damages or for injunctive relief,or both. Section 4. All pronouns shall be construed to be of such number and gender as the context may require. All headings are used for convenience or reference only and shall not be construed so as to affect the construction of this instrument. Section S. The Exhibits hereto consist of the following: Exhibit A: Descnption of the Real Estate Comprising the Condominium Exhibit B: Description of the Additional Land Exhibit C. As-built Plats of Survey Exhibit D: Plans Exhibit E: Percentage Interests Exhibit F: Articles of Incorporation Exhibit G: Bylaws WITNESS the following duly authorized signature: SUGARAY,LLC By: George W. Ray, Jr.,Manager -27- COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE, to-wit: The foregoing instrument was acknowledged before me this 22-"day of April, 2005, by George W.Ray,Jr. , as Manager of Sugaray, LLC, a Virginia limited liability company,on behalf of the company My coirunission expires: 4134d oC' tart'Public C:\RE\PARKSIDE\GLENWOOD STATION\SUGARAY\DECLARATION.GLENWOODSTATION COMMERCIAL CONDOMINIUM 041805.FINAL.wpd -28- EXHIBIT A DESCRIPTION OF THE LAND COMPRISING THE CONDOMINIUM All that certain lot or parcel of land with improvements thereon and appurtenances thereto,situated in Albemarle County,Virginia,on the west side of State Route 631 (Rio Road),shown as Lot A,of Glenwood Station, on a plat by Thomas B.Lincoln Land Surveyor Inc, dated May 5,2004,revised June 18,2004,and recorded August 6, 2004 in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 2815, Page 67, and "Boundary Plat of Lot A, Glenwood Station..." which plat is attached hereto and incorporated herein by this reference; and being the same property conveyed to Sugaray, LLC, by deed from Parkside I, LLC, dated September 3, 2004, and recorded September 7, 2004, in the aforesaid Clerk's Office in Deed Book 2815, page 67. Lot A is commonly known as 944 Glenwood Station Lane. EXHIBIT B ADDITIONAL LAND All those certain lots or parcels of land with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, on the west side of State Route 631 (Rio Road), shown as Lot B and Lot C,of Glenwood Station, on a plat by Thomas B.Lincoln Land Surveyor Inc, dated May 5,2004,revised June 18,2004, and recorded August 6,2004 in the Clerk's Office of the Circuit Court of the County of Albemarle,Virginia m Deed Book 2815,Page 67; and being a portion of the property conveyed to Parkside I,LLC,a Virginia limited liability company,by deed from Charlottesville Realty Corporation,dated May 27,2003, and recorded May 29, 2003, in the aforesaid Clerk's Office in Deed Book 2472,page 185. Lot B is commonly known as 943 Glenwood Station Lane, and Lot C commonly known as 941 Glenwood Station Lane. r EXHIBIT C AS-BUILT PLATS OF SURVEY Plat consisting of 1 sheet entitled "PHASE 2 GLENWOOD STATION, A CONDOMINIUM RIO MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA dated March 7, 2005,prepared by Thomas b. Lincoln Land Surveyor Inc. PHASE 2 VICINITY MAP N T S OWNER'S GLENWOOD STATION, A CONDOMINIUM 'Lc) SQUARE THE DIVI� TIi OF v�E SQUARE CONSENT RIO MAGISTERIAL DISTIRCT Yj a° SHOPPING OWNERS ALBEMARLE COUNTY, VIRGINIA �O1 v' CENTER FUTURE F SCALE; 1" = 50' MARCH 7, 2005 4.„ FASHION q, ONLY. A REVISED: MAY 11, 2005 y SQUARE o Ao R TO THEE MALL AINTREE TITLE REFERENCES FOR S B. LINCOLN SUBDIVISION TMP 61Y-A: CERT.. NO. 1325 SITE "> ► SUGARAY, LLC r NER L 690 BERKMAR CIRCLE SJlti1:) SQUIRE HILL SUGARAY CHARLOTTESVILLE VIRGINIA 22901 APARTMENTS NORTHFIELDS D B 2834 P 110 SUBDIVISION j D B 2828 P 337 L 4ry� 104 NOTARY D B 2822 P 711 ACSA SUMP. CHAPEL HILL D B 2822 P 694 ACSA SUBDIVISION STATE 0 D B 2822 P 682 ACSA COUNTY D B 2820 P 359 {{ D B 2820 P 349 D B 2820 P 329 `0$` COUNTY APPROVALS: BEFORE DB 2815 P 67 PLAT L7' o S D B 2472 P 185 188 PLAT yip SQC y //lwGaNA. {+ik V/ 1�� 20 0 D B 696 P 555 a,AT A 9y ALBEMARLE COUNTY DATE D B 617 P. 527 PLAT �"166-.1. PLANNING COMMISSION DB 580 P 27 RWSA (NOT SHOWN) Oil .e D B 495 P 608 '1'�9T /' n" � � D B 449 P 402 VT&T (NOT SHOWN) v L o MY COM? D B 402 P 53 VEPCO (SHOWN) ALBEMAa)74, COUNTY DATE ' D B 393 P 23 VEPCO (SHOWN) BOARD O SUPERVISORS A THIS PRI' D B 392 P 133 VTST (NOT SHOWN) R=1381.39 MOTOR D B 286 P 372 VT&T (NOT SHOWN) A=16108' MOTOR F D B 210 P 597-598 VPSC (NOT SHOWN) T.80.63' VARIABLE WIDTH 15' VEPCO AND C.160.98' DRAINAGE EASEMENT THE STR VT&T UTILITY S51.O6'19`E CB=S49'28'41"E STATE ROUTE 831 D B 2822 P 711 EASEMENT 94 04' DELTA. 6.40 51' RIO ROAD D B 2815 P 67 PLAT STANDAF D B. 393 SYSTEM 10 PARKING 0 23 25 PLAT VARIABLE WIDTH PK S MAINTAIN SETBACK�^ ®MH 600 TRANSPC �. ` IS MH \ _ ��� ��' �� IF TP r, 11.111\ ��- �1 I< _ R=1387.39 Up \,U _,__�....•-____ 30 BSL DWI ! f- ► T.28 53 C _ ._ 4. .•DDITIONAL BSL (TO COMP WITH BUDDING HEIG- I I "1 j Z 1 R:1387.39 Pp C.57.05 Z _ w A=82.14' CB=S57.52'54'E u, iY -i T=41.08 69 Cl- DELTA. 2'21'22" CB " < C.82.13 -' BUILDING A TPIf. ¢ CB=S44.26'32'E D I ci m 1 TRIPI DELTA= 323'32' DI oUNITS 101 THROUGH 304 DI SUBSTANTIALLY COMPLETED S434203W . R=18800 SFH 3,< A=113 43' 125 26' �'2 T=58 50 ) O N 131.26' TOTAL I�,I ix C.111.72' N L_ SDMH PKI• a CB=S60.59'09'W - ► 1 4 1 W4 yam."- WM' _ �� 1cd TMP 61Y-A iUi' v' 73,' 'ikk\ VEPCO EASEMENT LOT A i-W® ®®� , ADDITIC D B 402 P 53 54 PLAT 1 WV iyvv / / GOAIETBAII 66,717 S.F ` I { SUBMITTED LAND r'�-�� VARIABLE �� SAlit,/ITARY ACCESS AND RECREATION ; 50' BSL POINT OF_ 18 X45 D 2822 EASEMENT (SEE PHASE IPARKING DO 2822 GLENWOOD STATION, A BEGINNING 11 V , , SPACE D 2815 CONDOMINIUM PLAT DATED 1, PKNS OCTOBER 28, 2004 LAST �' PARKING AND �'KN '' S78 16'15'W 24 ACCESS REVISED MAY 11 2005) � ACCESS EASEMENT** 27.94' D B 2815 P IS c\% 182.09' -AY. 1 PKNS 06.12' 1.: — TMP 61-12913 ' ~ PARKING AND ALDERSGATE UNITED METHODIST CHURCH 1 �, /I ACCESS EASEMEI D B 953 P 359-361 PLAT 1Q i IMP 61Y-D ZONE CO C4- MARBLEHEAD LLC N50'1246'W `N D B 2841 P 719 288.21' TOTAL c.. 1 D B 2815 P 70-78 PLAT CROSS-PARKING r3 If 1 D8 2472 P 185 PLAT i EASEMENT y D B 2815 P 67 PLAT / LOT D 4,L6�' di / /TMP 61Y-E 6 LEGAL DESCRIPTION FOR LOT A GLENWOOD STATION MARBLEHEAD LLC LOT E ��� DB 2875 P 399 IS / `/ D B 2472 P 1329 85 COMMENCING AT THE POINT OF BEGINNING it A P-K NAIL /n\ SET AT A CORNER WITH LOTS B, D AND E AND LYING IN D B 2472 P 185 PLAT THE CENTER OF GLENWOOD STATION LANE; THENCE LEGAL DESCRIPTION FOR LOT B GLENWOOD STATION. LEAVING SAID LANE A LINE WITH LOT D NORTH 50'12 46' WEST A DISTANCE OF 182.09 FEET TO AN IRON SET; THENCE COMMENCING AT THE POINT OF BEGINNING Ii, A CORNER WITH LOTS A, NORTH 25'17 00' EAST, A DISTANCE OF 252.02 FEET TO AN D AND E AND LYING IN THE CENTER OF GLENWOOD STATION LANE; THENCI IRON ON THE SOUTHERN MARGIN OF THE STATE ROUTE 631 WITH SAID LANE NORTH 7896'15' EAST A DISTANCE OF 27 94 FEET A P-K RIGHT OF WAY AND THE BEGINNING OF A CURVE HAVING A SET AT TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE HAVING A RADIUS OF 1387 39 FEET, AN ARC OF 57 06 FEET, A TANGENT RADIUS OF 188.00 FEET AN ARC OF 113.43 FEET, A TANGENT OF 58.50 FEE OF 28.53 FEET, A CHORD OF 57.05 FEET, A CHORD BEARING OF CHORD OF 111.72 FEET, A CHORD BEARING OF NORTH 60'59'09' EAST, AND SOUTH 57.52'54' EAST AND A DELTA OF 2.21 22" TO AN IRON DELTA OF; 34'34 12" TO A P-K NAIL SET; THENCE NORTH 43'42 03' EAST SET; THENCE CONTINUING WITH SAID RIGHT OF WAY TANGENT TO SAID CURVE A DISTANCE OF 131.26 FEET TO A P-K NAIL SET SOUTH 51'06'19" EAST, A DISTANCE OF 94.04 FEET TO AN IRON A CORNER LYING ON THE SOUTHERN MARGIN OF THE STATE ROUTE 631 SET AT THE BEGINNING OF A CURVE HAVING A RADIUS OF RIGHT OF WAY; THENCE WITH SAID RIGHT OF WAY A CURVE HAVING A RAD 1381,39 FEET, AN ARC OF 161.08 FEET, A TANGENT OF 80 63 OF 1387 39 FEET, AN ARC OF A DISTANCE OF 82.14 FEET, A TANGENT OF 4 L FEET, A CHORD OF 160.98 FEET, A CHORD BEARING OF FEET A CHORD OF 82.13 FEET A CHORD BEARING OF SOUTH 44'26'32' EAE SOUTH 49.28'41 EAST AND A DELTA OF 6'40'51 TO A P-K NAIL AND A DELTA OF 3'23'32 TO AN IRON; THENCE CONTINUING WITH SAID RIGI SET AT A CORNER WITH LOT B; THENCE LEAVING SAID RIGHT WAY A CURVE HAVING A RADIUS OF 1084 74 FEET, AN ARC OF 168.92 FEET, OF WAY AND ALONG THE CENTERLINE OF GLENWOOD STATION TANGENT OF 84 63 FEET, A CHORD OF 168.75 FEET A CHORD BEARING OF LANE SOUTH 43'42'03' WEST A DISTANCE OF 125.26 FEET TO A SOUTH 38'18 47' EAST AND A DELTA OF 8'55'20' TO AN IRON SET WITH L P-K NAIL SET AT THE BEGINNING OF A CURVE TANGENT TO SAID THENCE LEAVING SAID RIGHT OF WAY WITH LOT C SOUTH 39.47'14' WEST, LINE HAVING A RADIUS OF 188 00 FEET, AN ARC OF 113 43 FEET DISTANCE OF 254.76 FEET TO AN IRON SET ON THE PROPERTY LINE OF SQI A TANGENT OF 58.50 FEET, A CHORD OF 11172 FEET, A CHORD HILL CHARLOTTESVILLE ASSOCIATES LLC; THENCE WITH THEIR LINE BEARING OF SOUTH 60'59'09' WEST AND A DELTA OF 34'34'12 NORTH 50'21 03" WEST A DISTANCE OF 128.34 FEET TO AN IRON FOUND; 1 TO A P-K NAIL SET; THENCE SOUTH 78'16 15 WEST TANGENT NORTH 81'28 00' WEST, A DISTANCE OF 92.52 FEET TO AN IRON SET WITH TO SAID CURVE, A DISTANCE OF 27.94 FEET TO A P-K NAIL SET THENCE WITH SAID LOT NORTH 39'47'14 EAST A DISTANCE OF 89.24 FEET ' AT THE POINT OF BEGINNING CONTAINING 66717 SQUARE FEET P-K NAIL SET; THENCE NORTH 50'12'46 WEST, A DISTANCE OF 10612 FEET MORE OR LESS POINT OF BEGINNING CONTAINING 73 939 SQUARE FEET MORE OR LESS • 1 ,1 • i • • • • 'ROVAL: OWNER'S APPROVAL; OF THE LAND DESCRIBED HEREIN IS WITH THE FREE THE DIVISION OF THE LAND DESCRIBED HEREIN IS WITH THE FREE D IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED IOPRIETORIS) AND TRUSTEE(S). ANY REFERENCE TO OWNER(S), PROPRIETOR(S) AND TRUSTEE(S). ANY REFERENCE TO ENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL 1ATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT • OF MY KNOWLEDGE TO THE BEST OF MY KNOWLEDGE L.< a, A A E ER LOTS B 3 DATE C PARKSIDE I LLC • _IC: NOTARYPUBLIC: IlkG{fJlfr STATE OF Vi46 .&1 Prc.6rmPrEA,d_ COUNTY OF £7 - ' ING W9.S„ACKNOWLEL]GED i THE FOREGOING W4S ACKNOWLE GED • f �AY OF J�� !S 20 0- BY Tyl o�vClnQj4Y pF 20OS 8Y X/CO�!(}� EIR-OF • „A„,j/d.. AL64-4404 NOTARY PUBLI OTARY PUBLIC a ON EXPIRES: p �`"b MY COMMISSION EXPIRES: O`^' ROAD WILL PROVIDE REASONABLE ACCESS BY THE LAND USE REGULATIONS LISTED HEREIN ARE IMPOSED PURSUANT :LE AS REQUIRED BY SECTION 14-514 OF THE TO THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT ON THIS BOUNTY CODE DATE AND ARE SHOWN FOR INFORMATION PURPOSES ONLY. THEY ARE > IN THIS SUBDIVISION MAY NOT MEET THE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR FOR ACCEPTANCE INTO THE SECONDARY APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH 3YSTATE E HIGHWAYS AND WILL NOT BE I HEREBY CERTIFY THAT THIS CONDOMINIUM SURVEY, TO THE BEST OF MY T( THE VIRGINIAHECOUNTY DEPARTMENTOF EMOF PROFESSIONAL KNOWLEDGE AND BELIEF. IS CORRECT AND COMPLIES TION OR THE OF ALBEMARLE WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS PROFESSIONAL ENGINEERS, LAND POINT OF SURVEYORS AND CERTIFIED LANDSCAPE ARCHITECTS. I ALSO CERTIFY THAT BEGINNING !2 THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY ---___ , IRONS TO BE SET AT ALL NEW LOT CORNERS BY DECEMBER 31 2005 --.______ r IS ZONED: PRD PER NMD-2004-016 WITH SPU IY-B 7�_ IDE I LLC COMMERCIAL SETBACKS (LOTS A-C):=RKMAR CIRCLE FRONT (AT R/W)-10' PARKING AND 30 BUILDING OTTESVILLE, VA 22901 70.A 15 P 67 PLAT gRkj (EXCEPT 3 STORY BUILDINGS=44') 62 P 555 188 PLAT HC' SIDE-0' FT9 REAR-0 P 185 S R=1084.74 qCA_ ADJACENT TO RESIDENTIAL-50 BUILDING A:464 76° 20' PRESERVATION BUFFER ALSO APPLIES R=1084.74 T.236 00' AT BOUNDARY WITH SQUIRE HILL APARTMENTS As168.92° J O 4612P T=84.63' CB=S21.32'39°E ilelt PARKING AND ACCESS C.168.75 _ DELTA= 24'32°54' \ EASEMENT (SEE PHASE I __ TMP 61Y-C OCTOBER 28, 2004 LAST B PARKSIDE I LW REVISED MAY 11 2005) 690 BERKMAR CIRCLE S F cNC• CHARLOTTESVILLE VA 22901 \ i A. L LAND A ^+ D B 2472 P 185 188 PLAT kiE ce TH WATER AND VER EASEMENT LOT C 82 ACSA 5 \ 82 ACSA 61,358 S F 37 PLAT ADDITIONAL LAND .EMENT ) __ \ PLAT • IF 20 PRESERVATION BUFFER AND PARKING SETBACK • N557.11'07W LEGEND: 1 4' IS 133.43' _ CB = CONDUIT BOX N50•21'03" --261.77' TOTAL IF IF = IRON FOUND IS = IRON SET PKNS = P-K NAIL SET TMP 61-129E SDMH = STORM DRAIN MANHOLE SQUIRE HILL APARTMENTS SQUIRE HILL SFH = SIAMESE FIRE HYDRANT CHARLOTTESVILLE TP = TELEPHONE PEDESTAL ASSOCIATES. LLC TR = TRANSFORMER D B 816 P 445-451 UP = UTILITY POLE WM • WATER METER ZONE R-15 WV WATER VALVE SURVEYORS CERTIFICATE. I HEREBY CERTIFY THAT THIS IS A CORRECT AND ACCURATE PLAT THAT THIS PLAT IS IN COMPLIANCE LEGAL DESCRIPTION FOR LOT C GLENWOOD STATION: WITH SUBSECTION 55.79581A) VIRGINIA CODE ANNO AND THAT ON MARCH 7, 2005 I SURVEYED THE COMMENCING AT THE POINT OF BEGINNING i2, AN IRON SET AT A PROPERTY SHOWN ON THIS PLAT AND THAT THERE CORNER WITH LOT B AND LYING ON THE SOUTHERN MARGIN OF ARE NO VISIBLE EASEMENTS OR ENCROACHMENTS THE STATE ROUTE 631 RIGHT OF WAY; THENCE WITH SAID RIGHT OTHER THAN AS SHOWN OR NOTED HEREON. I OF WAY A CURVE HAVING A RADIUS OF 1084.74 FEET, AN ARC OF FURTHER CERTIFY THAT ALL UNITS OR PORTIONS 464.76 FEET, A TANGENT OF 238.00 FEET, A CHORD OF 46121 FEET, THEREOF D ICTED HEREON HAVE BEEN SUBSTANTIALLY A CHORD BEARING OF SOUTH 21'32 39' EAST, AND A DELTA OF 24.32 54 COMPLE iF TO AN IRON; THENCE LEAVING SAID RIGHT OF WAY NORTH 57'1107' WEST, A DISTANCE OF 27326 FEET TO AN IRON; THENCE NORTH 50'21'03 WEST 5j(111ai A DISTANCE OF 133.43 FEET TO AN IRON SET AT A CORNER WITH LOT B; THOM B. LINCOLN C L S DATE THENCE WITH SAID LOT NORTH 39'47'14' EAST, A DISTANCE OF 254.78 FEET VA NO 1326 TO THE POINT OF BEGINNING CONTAINING 61 357 71 SQUARE FEET MORE OR LESS THOMAS B. LINCOLN LAND SURVEYOR INC CE 671 BERKMAR CIRCLE E' CHARLOTTESVILLE, VIRGINIA 22901 THE 434-974-1417 SHEET 1 OF 6 TMODEL SERVERI DATA9\ 103\ 103007700LOTACONDO.PRO 103-0077-08 • I IL it Albemarle County, VA Shelby Marshall Clerk Circuit Court 501 E. Jefferson St. Charlottesville, VA 22902 Phone Number: (434)972-4083 DEEDS Receipt Official Receipt: 2005-00010397 Printed on 05/25/2005 at 11:25:04 AM • RECEIVED OF SCOTT KRONER PLC Date Recorded: 05/25/2005 Instrument ID Recorded Time Amount Bk 2984 Pg 76 11:24:40 AM $71.00 Instrument:200500010640 DEC- DECLARATION- STATEMENT GRANTOR:SUGARAY LLC EX:N GRANTEE:SUGARAY LLC EX:N /-Address1:690 BERKMAR CIRCLE • Address2: City/State/Zip:CHARLOTTESVILLE VA 22901 Description: LOTS A GLENW00D STATION ,Consideration:$0.00 ,'Assumption:$0.00 Locality:CO Percent:100.00% Pages:60 Names:0 Accounts Amount 035 - OPEN SPACE PRESERVATION $1.00 106- TECHNOLOGY TRUST FUND FEE $5.00 145- VSLF $1.50 301- DEEDS $63.50 Itemized Check Listing Check # 1612 $71.00 Total Due: $71.00 Paid 8y Check: $71.00 Change Tendered: $0.00 Cashier:PATSY MINAHAN Reg:FEE02 1 - REtEllfeb OCT 02 2006 COMMUN/TY DEVELOP