HomeMy WebLinkAboutSUB202100035 Correspondence 2022-01-24 (2)TMPs: 56A1-1-26; 56A1-1-29R
This document prepared by and to be returned to
Collison F. Royer (VSB 65893)
Royer Caramanis PLC
200-C Garrett Street
Charlottesville, Virginia22902
FIRST AMENDMENT TO DECLARATION OF
PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
THIS FIRST AMENDMENT TO DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (the "First
Amendment") is made this day of 1 2021, by STANLEY
MARTIN HOMES, LLC, a Delaware limited liability company, previously named Stanley
Martin Companies, LLC, domesticated as a Virginia limited liability company, successor by
merger to SM Charlottesville, LLC, a Virginia limited liability company ("Declarant").
WITNESSETH:
WHEREAS, on January 8, 2020, Declarant recorded that certain Declaration of Protective
Covenants, Conditions, Restrictions and Easements dated January 2, 2020, in the Clerk's Office of
the Circuit Court of the County of Albemarle, Virginia (the "Clerk's Office"), in Deed Book 5264,
page 306 (the "Declaration").
WHEREAS, capitalized terms used herein shall have the meaning set forth in the
Declaration unless otherwise defined herein.
WHEREAS, the Declaration governs the planned community located in the County known
as Pleasant Green and, pursuant to Section 13.02 thereof (the "Amendment Provision"), Declarant
reserved the unilateral right and privilege to amend the Declaration to comply with County
requirements or make corrective changes.
WHEREAS, Declarant, pursuant to the Amendment Provision, wishes to amend and
correct the Declaration to account for retaining walls constructed by Declarant in connection with
various County requirements for the development of the neighborhood.
NOW THEREFORE, pursuant to the provisions of the Amendment Provision, Declarant
declares that the Declaration is hereby amended as set forth below.
Retaining walls constructed by Declarant (but specifically excluding any retaining walls
constructed by Owners) are hereby added as (a) improvements constituting Common Area
as the same is defined under Section 1.10 of the Declaration, (b) Structures under Section
1.32 of the Declaration, and (c) improvements maintained by the Association under Section
5.13 of the Declaration (in which case the retaining walls will be completed in accord with
the final site plan (including, but not limited to, WP0202000053) when the surety held by
the County in relation to such improvements is released).
2. Declarant hereby reserves to itself and its designees easements over and through all or any
portions of the Property, except for dedicated rights -of -way (and also excluding any areas
occupied by a Dwelling Unit, a Structure or any other similar improvements) for locating,
relocating, constructing, maintaining, protecting, enhancing and otherwise controlling all
retaining walls located within the Property (but specifically excluding retaining walls
constructed on Lots by Owners).
3. This First Amendment shall be effective upon recording in the Clerk's Office. Except as
modified by this First Amendment, all of the terms and provisions of the Declaration are
hereby expressly ratified and confirmed and shall remain in full force and effect.
[The remainder of this page intentionally left blank. Signature follows on the next page.]
WITNESS the following duly authorized signature:
STANLEY MARTIN HOMES, LLC, a
Delaware limited company
By: _
Name:
Its:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF to -wit:
The foregoing instrument was acknowledged before me this day of
2021, by
of Stanley Martin Homes, LLC, a Delaware limited liability company, on
its behalf.
Notary Public
My commission expires: _
Notary registration number: