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SUB202000071 Agreements 2021-10-22
202100017786.001 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227A,-249 FORM A — COVER SHEET CONTENT Instrument Date:,_l0/15/2021..................................... Instmment Type:. DEC .......................................................... Number of Parcels:......4........ Number of Pages: ..... 38...... [ ] City N County.ALBEMARLE............................................. CIRCUIT COURT Tax Exempt? VIRGFNIA/FEDERAL CODE SECTION [ ] Grantor: [ ] Grantee: Business/Name RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG FILED Oct 22, 2021 AT 12:54 pm BOOK 05628 START PAGE 0472 END PAGE 0520 INST # 202100017786 TOTAL NUM PAGES 49 MEB (Area Above Reserved For Deed Stamp Only) City:.cHARLOTTEsvILLE......... ................... ....... I................... State:.......`....... Zip Code: .z29o3 ................. ..._......... . Consideration:.So:00 Existing Debt: SD ;oo Actual Value/Assumed:19--.00 PRIOR INSTRUMENT UNDER g' 58.1403(D): Original Principal:.s�..PO........................... Fair Market Value Increase: _$.O... 9............................. Original Book No.: ................................... .... Original Page No.:........................................ Original Instrument No.:............. Prior Recording At: [ ] City [ ] County _._...... Percentage In This Jurisdiction: „ lone ..................................................................... Book Number: ............................ Page Number:......................... Instrument Number:.......................................... Parcel Identification Number/Tax Map Number: 04500-00-0o-o84Ao ................................................................................................................................................ S Short Property Description: ...7 .:.O........AC...RES ..................................._............,..................................................................................................................................... Current Property Address: _2085 WOODBURN City: CHARLO.TTESVZLLE VA State:........... Instrument Prepared By: tTUSTIN .A: RITTER .......................................... RITTER LAW PLLC Recording Returned To: .................................................................. Address: _600.... E... WATT .ER........ST ...... SE ...........F.............................................. CHARLOTTESVILLE City: ........................................................................................... State: Zip Code: 22901................................. .... Recording Paid By: BERKMAR .DEVELOPMENT LLC ............................ VA..,.. Zip Code:._22902... F0RM CC-1570(MASTER, PAGE ONE OF rHREE )10119 Cover Sheet 0 Copyright 2014 Office of the Executive Secretary, Supreme Court of Virginia_ All rights reserved. 202100017786.002 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ ITI-223, -227.1, -249 FORM C - ADDITIONAL PARCELS Instrument Date: ..................... 1....0..../15/2021 ....................... Instrument Type: .............................DEC.............................. Number of Parcels: ...... A ....... Number of Pages: .-18....... City M CountyALBEMARLE .................................................................... CIRCUIT COURT Parcels Identification/Tax Map Prior Recording At: [ ] City [ ] County ............................................ Percentage In This Jurisdiction: ..... Ioo1 Book Number: ............................ Page Number: (Area Above Reserved For Deed Stomp Only) Instrument Number: .................................................. Parcel Identification Number (PIN)lTax Map Number: ..04500-00-00-08500 ................................................................ Short Property Description: 1 ACRe .............................................................................................................................. .............................................................................................................................. Current Property Address: ..N A........................................................................................................................ City: cRARLOTTEsvILLE...................................................... State:......°A..... Zip Code: z2eo1 Prior Recording At: City [ ] County ...........::.............................. Book Number: ............................ Page Number: Percentage In This Jurisdiction: .... 100% Instrument Number: Parcel Identification Number/Tax Map Number: .. 0 . 4 . 5 .. 00-00-00-112F1 ...................................................................... .... Short Property Description: ,o.5s.... ACRE .......................................................................................................... Current Property Address:.M/A......................... ......... .......................................................................................... City: .CRARLO.TTESV ILLE I ...... I..... State:..... VA..... Zip Code: 22901 FORM CC-1570(MASTER, PAGE TWO OF THREE )10/I9 0 Copyright 2014 Once of the Execmiw Secremry, Supreme Court of Virginia. NI rights resen-ed. Cover Sheet C 202100017786.003 VIRGINIA LAND RECORD COVER SHEET Colnrnonwealth of Virginia VA. CODE §§ 17.1-223, -227.1, -249 FORM C—ADDITIONAL PARCELS Instrument Date: .................... 10/15/2021 ................................ Instrument Type: DEC .............................. .... .... I ................. ........... Number of Parcels:......4....... Number of Pages: ...._3 S City U(J County .........................ALBEMARLE ........................................... CIRCUITCOURT Parcels Identification/Tax Map Prior Recording At: [ ) City [ ] County ............................................ Percentage In This Jurisdiction: ..... l00% Book Number: ............................ Page Number: Instrument Number: (Area Above Reserved For Deed Stamp Only) Parcel Identification Number (PIN)/Tax Map Number: 04500-00-00-112F2 Short Property Description: .0.54 ACRE ............................................................................................................................. ..................................... ............................................ ...................... I...................... Current Property Address: .N/A...... ................................................................................ ............. --................. City: CHARL0TTESVZLLE...................................................... State: ...... °A..... Zip Code:.22901 Prior Recording At: City[ ] County ........................................... Book Number: ............................ Page Number: Parcel Identification Number/Tax Map Number: Short Property Description: ........................................... Current Property Address: City: ............ Percentage In This Jurisdiction: Instrument Number: ......................... ..................... ..................... State:................. Zip Code:................ FORM CC-1570(MASTER, PAGE THREE OF THREE )10119 CoVef $hee[C 0 Copyright 2014 Office of the Executive Secretary. Supreme Court of Virginia All rights reserved. 202100017786.004 Prepared by and return to: Justin A. Ritter, VSB# 82573 Ritter Law PLLC 600 E. Water Street, Suite F Charlottesville, VA 22902 (434)218-1172 Albemarle County Tax Map Parcels: 04500-00-00-084A0, 04500-00-00-08500, 04500-00-00-1 I2F1 & 04500-00- 00- 1 12F2 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BERKMAR OVERLOOK THIS DECLARATION is made this 15th day of October, 2021, by BERKMAR DEVELOPMENT LLC, a Virginia limited liability company ("Declarant"). WITNESSETH: WHEREAS Declarant is the owner of certain real property located in the County of Albemarle, Virginia, which is described on the Subdivision Plat attached as Exhibit "A" and in Section 2.01, and desires to create thereon (and on such additional real property as may hereafter be subjected to the provisions of this Declaration) a planned community known as Berkmar Overlook (hereinafter `Berkmar Overlook"). WHEREAS, Declarant desires to provide for the protection and enhancement of the value and desirability of Berkmar Overlook and for the maintenance of Berkmar Overlook, and to this end, Declarant desires to subject the real property described in Section 2.01 hereof, together with such additional real property as may hereafter be subjected to this Declaration, to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, each and all of which is and are for the benefit of said real property and the owners thereof. NOW THEREFORE, Declarant hereby desires that the real property described in Exhibit A and in Section 2.01 hereof, and such additions thereto as may hereafter be made pursuant to Section 2.02 hereof, shall be held, transferred, sold, conveyed, leased, donated, devised, inherited and occupied subject to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, and any valid amendments or supplements hereto. These covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions hereinafter set forth shall run with the land and shall be binding upon any and all parties who have, or shall acquire, any right, title, or interest in all or any part of the real property subject to this Declaration, and shall inure to the benefit of each Owner hereof. 202100017786.005 ARTICLE I — DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: Section 1.01. "Architectural Review Board" or "ARB" shall mean and refer to the Committee established in Article IX hereof for the purpose of regulating the external design, appearance and use of the Lots, Common Area, and improvements thereon. Section 1.02. "Assessment' shall mean and refer to the combination of the following assessments: (i) Community Assessment, (ii) Community Reserve Fund Assessment, and (iii) Reserve Fund Assessment for Lots, with (i) through (iii) being either regular or special assessments as set forth in Article VIII herein. '`Community Assessment' shall mean and refer to those certain assessments imposed by the Association upon all Lots for regular and daily community purposes, as specifically set forth in Section 8.03 below. "Community Reserve Fund Assessment' shall mean and refer to those certain assessments imposed by the Association upon all Lots for periodic work such as the long term capital improvements for the Common Area, parking areas (if any), and other repairs or replacements of the Common Area, including, but not limited to, the entrance sign, as specifically set forth in Section 8.04 below. "Reserve Fund Assessment for Lots" shall mean and refer to those certain assessments imposed by the Association upon all Lots (defined in Section 1.12 below) for periodic work such as the long term capital improvements and other repairs or replacements as provided for in this Declaration, as specifically set forth in Section 8.05 below. The "Community Reserve Fund Assessment' and the "Reserve Fund Assessment for Lots" may be collectively referred to as the "Reserve Fund Assessment(s)". Section 1.03. "Association' shall mean and refer to Berkmar Overlook Property Owners Association, Inc., a non -stock corporation to be incorporated under the laws of the Commonwealth of Virginia, its successors and assigns. An alternate Association name may be selected to accommodate name availability with the State Corporation Commission. Section 1.04. `Berkmar Overlook" shall mean and refer to that portion of the Property described in Section 2.01 hereof, which is hereby subjected to this Declaration, together with such other real property as may hereafter from time to time be added thereto under the terns of Section 2.02 hereof. Section 1.05. `Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association. Section 1.06. "Common Area" shall mean and refer to any lot, area, pieces or parcels of land, together with all appurtenances thereto belonging, shown on the Subdivision Plat (as defined in Section 2.01 hereof), less and except the Lots and any property dedicated to and accepted by a public authority, to be held, owned and administered for the common use, benefit and/or enjoyment of the Owners and residents of Berkmar Overlook. Prior to the expiration of the Declarant Control Period (defined in Section 1.09 below), the Declarant shall convey the Common Area to the Association in fee. simple, free and clear of all liens, but subject to this Declaration and all other easements, conditions and restrictions of record. The Association shall accept title to any portion of the Property offered to the Association by the Declarant or as directed by the Declarant. The Common Areas include (i) Open Spaces A through G, (ii) those certain portions of the Landscaping 202100017786.006 Easements (defined in Section 13.01) and Retaining Wall Easements (defined in Section 14.01) contained within any of the said Open Spaces, (iii) the Private Roads, and (iv) the Existing Cemeteries (defined in Article XV) with (i)-(iv) all as shown on the Subdivision Plat, and other space that the Declarant may designate in a supplemental declaration. The Common Area may be adjusted by and through Boundary Line Adjustment Plats recorded hereafter. To clarify and confirm, no public agency, including the County of Albemarle, will be responsible for maintaining any improvements contained within the Common Areas, unless otherwise explicitly agreed by any such public agency (which is intended to include, but not necessarily be limited to, (i) certain water/sewer related improvements to be accepted and owned by the Albemarle County Service Authority and (ii) the Virginia Department of Transportation if and when they accept the Private Roads into the public road system, thereby automatically converting such roads into Public Roads). Section 1.07. "Community Assessments" shall mean and refer to the charges, fees and liens imposed upon Lots for community purposes as provided in this Declaration, and as may be amended from time to time. Section 1.08. "Declarant" shall mean and refer to Berkmar Development LLC, a Virginia limited liability company, and any successor to or assignee of it as Declarant and/or developer. Section 1.09. "Declarant Control Period" shall mean and refer to the period commencing on the date of the recordation of this Declaration in the Clerk's Office (defined in Section 2.01 below) and terminating on the earlier of (a) the date on which the Declarant no longer owns any part of the Property; or (b) any earlier date contained in a written notice from the Declarant to the Association specifying the termination date of the Declarant Control Period. Section 1.10. "Declaration" shall mean and refer to the covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions herein as set forth in this entire document, as the same may from time to time be amended or supplemented. Section 1.11. "Dwelling Unit" shall mean and refer to any portion of the Property, as improved, intended for any type of independent ownership for use and occupancy as a residence by one household. Section 1.12. "Lot" shall mean and refer to any plat of land numerically designated and shown or described on any recorded plat of any portion of Berkmar Overlook, by phase or otherwise, with the exception of Common Area. Section 1.13. "Maintain" or "Maintenance" shall mean care, inspection, maintenance, operation, repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction. Section 1.14. "Member" shall mean and refer to any Lot owner entitled to membership in the Association. Section 1.15. "Mortgage" shall mean each deed of trust or mortgage or similar instrument recorded against the title of any portion of the Property and encumbering same as security for the 3 202100017786.007 performance of any obligation (including, without limitation, the payment of any liability). "First Mortgage" shall mean and refer to that Mortgage which is in first priority position against the title of any portion of the Property. Section 1.16. "Mortgagee" shall mean the institutional holder, insurer or guarantor of a Mortgage. Section 1.17. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, including Declarant, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. In the case where a Lot is held by one or more persons for life with the remainder to another or others, the term "Owner" shall mean and refer only to such life tenant or tenants until such time as the remainderman or remaindermen come into use, possession or enjoyment of such Lot. Section 1.18. "Property" shall mean and refer to that certain real property, described in Section 2.01, and as shown in the Plat attached as Exhibit "A" hereto, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 1.19. "Roads" shall mean and refer to the roads and streets within Berkmar Overlook designated as public right of way and/or private right of way or alley, as shown and described on the Easements Plat (as defined in Section 2.01 hereof), specifically sheet V3 of 07, with the specific calls on Sheet V 1 of 07, as well as any future roads that are platted to serve future development phases in Berkmar Overlook. The Roads include all improvements within the designated right of ways, including, but not limited to, curbs, sidewalks and grass strips, if applicable. The Private Roads are part of the Common Area that will be conveyed to the Association as set forth herein and are subject to maintenance by the Association as set forth in Article VI. "Private Roads" shall mean and refer to those certain roads, alleys, or streets shown on the Plat that have not been dedicated to and accepted by a public authority for public use. "Public Roads" shall mean and refer to those certain roads or streets shown on the Plat that have been dedicated to and accepted by a public authority for public use. Section 1.20. "Supplemental Declaration" shall mean and refer to any declaration of covenants, conditions and restrictions which may be executed and recorded by Declarant which extends the provisions of this Declaration to additional real property and to any declaration of covenants, conditions and restrictions which may be executed and recorded pursuant to Section 17.03 hereof which imposes additional, modified, supplementary or complementary provisions, covenants, conditions and/or restrictions upon the real property then subject to this Declaration. ARTICLE II — PROPERTY SUBJECT TO THIS DECLARATION Section 2.01. Berkmar Overlook. The portion of the Property which at this time is, and shall be held, transferred, sold, conveyed, donated, leased, devised, inherited and occupied subject to this Declaration, is: Those certain lots or parcels of land numbered 1 through 52, specifically labeled as "Lot 1" through "Lot 52" respectively, Open Spaces A through G, "Empire Street Variable Width Public R/W", "Swede Street Variable Width Public R/W", "Marsac H 202100017786.008 Street Variable Width Public R/W", as shown and described on that certain subdivision plat entitled "Subdivision Plat, Berkmar Overlook, Tax Map 45, Parcels 84A, 85, 112F1 & 112F2, Rio Magisterial District, Albemarle County, Virginia,("Subdivision Plat"), prepared by Roudabush, Gale & Associates, Inc., dated April 16, 2020, last revised October 4, 2021, as recorded herewith as "Exhibit A" in the Clerk's Office of the Circuit Court of Albemarle County, Virginia ("Clerk's Office"), to which reference is hereby made for a more particular description of the Property. This Declaration also reserves and grants certain easements described more particularly herein. To that end, those certain easements referenced within this Declaration are shown on that certain plat also prepared by Roudabush, Gale & Associates, Inc., dated February 4, 2021, last revised July 12, 2021, titled "Easement Plat, Berkmar Overlook, Tax Map 45, Parcels 84A, 85, 112F1 & 112F2", as recorded with that certain Deed of Dedication and Easement dated September 22, 2021, in the Clerk's Office, Deed Book 5637, pages 637-652 , to which reference is hereby made for a more particular description of the easements conveyed herein ("Easements Plat"). Section 2.02. Additional Property. Declarant shall have the right, but not the obligation, without further consent of the Association or of other Owners, to bring within the plan and operation of this Declaration and the jurisdiction of the Association all or any portion of the Property or such other real property owned by Declarant or other parties that the Declarant desires to add and make subject to this Declaration. Such additions may be made as one tract or as several smaller tracts at different times. To make any addition authorized by this section, Declarant shall file a Supplemental Declaration with respect to the real property being added to Berkmar Overlook which shall amend the operation and effect of this Declaration, and the jurisdiction of the Association, to such added real property. A Supplemental Declaration filed by Declarant may contain such complementary conditions and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary or desirable to reflect the different character, if any, of the added real property. To add property owned by other parties, such other parties shall execute such supplemental declaration(s) solely for the purpose of evidencing agreement and consent to the imposition of this Declaration on such parcel(s). Section 2.03. Addition of Adjoining and Improved Subdivisions into the Association. The Association may accept other adjoining and already improved lots, parcels and/or subdivisions into the Association. Approval of such action must be completed at a duly noticed meeting of the Association, by the affirmative vote of at least more than fifty percent (50%) of the votes of the Members present to vote, in person or by proxy, where a quorum is established for such meeting. Upon approval of the addition of an adjoining and improved lot, parcel or subdivision into the Association, the Board is authorized to amend the Declaration and record such amendment to reflect the additional property that is held subject to this Declaration. ARTICLE III - ASSOCIATION Section 3.01. Association. Berkmar Overlook Property Owners Association, Inc. is a non -stock corporation, incorporated under the laws of the Commonwealth of Virginia for the 5 202100017786.009 purpose of. (i) applying, administering, and enforcing the covenants, restrictions, conditions, liens and charges contained in this Declaration; (ii) owning, Maintaining and administering the Common Area; and (iii) providing the maintenance within Berkmar Overlook as set forth in this Declaration. The name of the Association may be changed to reflect name availability with the Virginia State Corporation Commission. Section 3.02. Title to Common Area. The Declarant shall convey the Common Area to the Association in fee simple, free and clear of all liens, but subject to this Declaration and all other easements, conditions and restrictions of record, prior to the expiration of the Declarant Control Period. The Association shall accept title to any portion of the Property offered to the Association by the Declarant or as directed by the Declarant. Section 3.03. Responsibilities; Generally. Except as otherwise provided herein, responsibility for the Maintenance of the Common Areas and all improvements contained therein shall be the responsibility of the Association. Except as otherwise provided herein, responsibility for the Maintenance of the Lots and all improvements contained therein shall be the responsibility of the Lot Owners. To clarify and confirm, and for the avoidance of doubt, no public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for Maintaining any improvements contained within the Common Areas or within any Lots, except and unless'otherwise explicitly agreed by such public agency (which is intended to include, but not necessarily be limited to, (i) certain water/sewer related improvements to be accepted and owned by the Albemarle County Service Authority and (ii) the Virginia Department of Transportation if and when they accept the Private Roads into the public road system, thereby automatically converting such roads into Public Roads). The cost of the Maintenance described within this Section, the related consequences upon default when failing to pay such cost(s), and when such Maintenance is performed shall be determined pursuant to the terms and conditions of this Declaration. ARTICLE IV — INSURANCE Section 4.01. Insurance. Each Owner covenants and agrees to maintain fire, general liability and extended coverage insurance on the improvements and structures on their Lot to the full insurable value thereof The Association shall only carry insurance related to the Common Areas of this Association, and administration of the Association. Section 4.02. Restoring Property. In the event any improvements or structures located on a Lot are damaged or destroyed by any casualty, the Owner of such Lot shall promptly restore the improvements at the Owner's sole cost and expense to the original condition existing prior to the casualty event or to a condition better than the original condition. ARTICLE V— EASEMENTS Section 5.01. Generally. In addition to all utility easements and sight distance easements reserved on the Easements Plat, the Declarant reserves unto itself, its successors and assigns, perpetual and alienable easements and right of ways on every portion of the Common Area (i) to construct, Maintain, inspect, replace and repair all utilities, including, but not limited to, water, sewer, 202100017786.010 electric, telephone and cable, with the corresponding poles, wires, cables, conduits, pipes, valves, and other suitable equipment for the conveyance of water, sewer, telephone, electricity, cable, communications and other utilities and public conveniences; (ii) for storm and surface -water drainage, together with the right of ingress and egress to all such facilities and easements for the construction and maintenance thereof; (iii) to create, provide and Maintain any sight distance easements and/or slopes required by the County of Albemarle and/or the Virginia Department of Transportation for use and/or acceptance for public maintenance of the Roads (such sight distance easements are intended to be granted to the County in such locations shown on the Easements Plat labeled as "New Variable Width Distance Easement"); (iv) to construct, Maintain, inspect, replace and repair all retaining walls; and (v) to meet any other condition or requirement of any governmental authority related to the subdivision and or development of Berkmar Overlook and/or the use and/or acceptance of the Roads for public maintenance. These easements reserved by the Declarant can be dedicated by the Declarant to the respective utility. Section 5.02. Temporary Construction Easements. The Declarant reserves unto itself, its successors and assigns, temporary, alienable easements within and across those portions of the Lots lying within thirty five feet (35') of the centerline of the Roads, as well as within all setbacks, buffers, and other easements for the construction and grading of the Roads, the cutting, filling and grading of slopes, installation of drainage facilities, and the installation of all utilities. The Declarant may transfer all or some of the rights reserved in this easement to third parties. This temporary construction easement shall terminate upon: A) the completion of the Roads, the facilities appurtenant to the Road construction, the utilities, and all other infrastructure for Berkmar Overlook; and B) acceptance and approval of such Roads, utilities or infrastructure by the applicable utility, VDOT or other governmental agency; and C) the release of all the corresponding bonds for such improvements. Section 5.03. Easement of Enjoyment of Common Area. Each Owner, and such Owner's immediate family, guests, and tenants, shall have a right and easement of use and enjoyment of the Common Area, includingthe sidewalks and any facilities situated thereon, subject to the following: (a) No obstruction or storage within the Common Area is permitted without the prior express written consent of the Association; (b) The right of the Association to limit the number of guests of the Owners to use facilities located within the Common Area and to establish and charge reasonable admission or other fees for use of any recreational facilities situated upon any portion of the Common Area; (c) The right of the Association to suspend the voting rights and right to use of the Common Area by any Owner for a period during which any Assessment against his Lot remains unpaid, and for a period for any infraction of the Association's published rules and regulations, provided that access to the Owner's Lot over Common Area is not disturbed or interfered with; (d) The right of the Association to dedicate or transfer all or any part of the Common Area, subject to the Declarant's easements in this Article V, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the VI 202100017786.011 Owners. If ingress or egress to any Lot is through the Common Area, any transfer of that portion of the Common Area shall be made subject to the Owner's easement; and (e) The right of the Association to place reasonable restrictions and rules upon the use of the Common Area and easements described in this Article V. Section 5.04. Drainage and Maintenance Easements. The Declarant reserves unto itself, its successors and assigns, perpetual and alienable drainage easements and right of ways above ground and underground as shown on the Plat and upon every portion of the Common Area to construct, inspect, replace and repair pipes and swales for storm and surface water drainage. In addition to these general drainage rights, Declarant has granted certain 10' private drainage easements to the Association pursuant to Article XV below. Further, the Declarant shall establish such easements for drainage and water flow as may be required by the contours of the Property and the arrangements of buildings on the Property. Declarant reserves unto itself, its successors and assigns, the exclusive right to sell, grant, convey and/or dedicate any utility system and adjoining area located within the Property to the County of Albemarle or one or more public utility companies. Such rights shall continue in effect until such time as the Declarant, including any successor or assign, has conveyed or relinquished all of its right, title and interest in and to any portion of the Property. Section 5.05. Easement for Maintenance, Repair and Replacement. For the purpose of performing the Maintenance on the Lots or Common Area required or permitted by this Declaration, the Declarant and/or the Association, through its duly authorized agents and/or employees, shall have a non-exclusive easement to enter upon, or in, any Lot or any portion of the Common Area, for the purpose of performing Maintenance in accordance with all Articles of this Declaration. Section 5.06. Scope of Easements. The easements provided for in this Section shall include the right to cut any trees, brush and shrubbery, make any grading of soil, and take other similar action reasonably necessary to provide economical and safe utility installation and drainage facilities, as well as repairs or maintenance to retaining walls installed as part of the original development site work. No new trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall be placed within the easements provided for in this Section by individual Lot Owners. The rights in this Section may be exercised by any licensee of the Declarant, but shall not be deemed to impose any obligation upon the Declarant to provide or Maintain any utility or drainage services. Any damage resulting from the use of the easements hereby reserved shall be promptly rectified at the expense of the entity or persons responsible for such damage. Section 5.07. Encroachment. Declarant reserves unto itself, its successors and assigns, a perpetual and alienable easement to the extent that any structure on any Lot encroaches on any other Lot or the Common Area, whether by reason of: (a) initial design and construction; (b) deviation from the plats and plans (or any errors thereon) in the construction, repair, renovation, restoration and replacement of any structure; or (c) settling or shifting of any land or improvements. Section 5.08. New 10' Private Sewer Lateral Easements. Declarant reserves unto itself, its successors and assigns, perpetual private sewer lateral easements for the benefit of Lot 1 and Lot 202100017786.012 42 as described and specifically shown on the Easements Plat, in such areas defined and designated as "NEW 10' PRIVATE SEWER LATERAL EASEMENT* -CALLS TO CENTER-" ("Lateral Easements"), with such easement granted for the specific purpose of connecting sewer utilities under and upon Lot 2 as well as Lot 41 to connect to those certain public utilities to be Maintained by the Albemarle County Service Authority, in such area defined as "New 20' ACSA Utility Easement* -Calls to Center-" for the benefit of Lot 1 and "New ACSA Sewer Easement*" for the benefit of Lot 42 on the Easements Plat. The Lateral Easements shall separately burden Lot 2 and Lot 42 as described and specifically shown on the Easements Plat in perpetuity, subject to the Board's discretion to vacate one or both the Lateral Easements should such easement no longer benefit Lot 1 and/or Lot 42. Section 5.09. Sight Distance Easements. Declarant reserves unto itself, its successors and assigns, perpetual sight distance easements for the greater benefit of the Association and as required by the Virginia Department of Transportation in such areas shown on the Easements Plat that are labeled as "New Variable Width Sight Distance Easement" (the "Sight Distance Easements") for the purpose of establishing and maintaining an unobstructed line of sight along the closest identified roadways therein at an elevation of no less than thirty (30) inches above ground level in conformance with the applicable VDOT standards. Within the Sight Distance Easements, neither the Declarant nor any successor or assign shall establish structures, facilities or plantings that obstruct the line of sight at an elevation of thirty (30) inches above ground level. Any plantings within the easement area shall only be low growing ground cover or dwarf varieties of plants and shall not exceed twenty-four (24) inches in height. The County and VDOT, and their respective employees, agents, independent contractors, volunteers, successors and assignees, shall have the right to trim, cut and remove trees, shrubbery, fences, structures and other obstructions within the Sight Distance Easements, including any such obstructions existing within the Sight Distance Easements on the date of the grant and conveyance of the Sight Distance Easements, that exceed the height of thirty (30) inches above ground level. The conveyance of the Sight Distance Easements are made subject to applicable easements, restrictions, covenants and conditions contained in duly recorded deeds, plats and other instruments constructive notice in the chain of title which have not expired by time limitation contained therein or otherwise have become ineffective. Section 5.10. New 22' Access Easement. Declarant hereby grants a perpetual and non- exclusive access easement to Albemarle County in such area shown and described on the Easements Plat as "New 22' Access Easement" ("Emergency Access Easement"). The Declarant shall construct any and all improvements within the Emergency Access Easement in accordance with the specifications and directions imposed by Albemarle County. At all times, the Association shall Maintain the Emergency Access Easement according to the standards set by Albemarle County. For the avoidance of doubt, the Emergency Access Easement shall not be considered a Private Road for purposes of this Declaration. ARTICLE VI — MAINTENANCE OF BERKMAR OVERLOOK Section 6.01. Sidewalks. The initial construction of the road frontage and sidewalks shall be bome and completed by Declarant. As of the date the Declarant installs the Common Area improvements, the cleaning, repair, maintenance, upkeep, improvement, snow removal, X 202100017786.013 enhancement and replacement of the sidewalks within the Common Area shall be borne by the Association. All walkways running from road frontage sidewalks to the door of all Dwelling Units built on Lots will be Maintained, replaced, improved or repaired, and the snow or ice removed, by individual Lot Owners. The Association may, but is not obligated to, include sidewalk snow and ice removal as part of the services provided by the Association. Section 6.02. Maintenance of Drainage and Storm Water Run -Off Control Measures. The County of Albemarle, Virginia (`'County") has required certain drainage and storm water run- off control measures to be constructed, Maintained, inspected, replaced and repaired as part of its approval of the development of Berkmar Overlook. Berkmar Overlook will be subject to a separate Storm Water Management Agreement with the County. The initial construction of the drainage and storm water run-off control measures shall be borne and completed by Declarant. As of the completion date, the repair, maintenance, upkeep, improvement, enhancement and replacement of the drainage and storm water run-off control measures shall be home by and are the responsibility of the Association. These facilities include, but are not limited to, storm sewers, drainage channels, inlet channels, biofilters and basins. Section 6.03. Maintenance of Identification Signs. The Declarant has determined that it is desirable to construct, install, and Maintain community and street identification signs within Berkmar Overlook. The initial construction and installation of community and street identification signs deemed appropriate by Declarant shall be borne and completed by Declarant. After the installation of any such sign, the repair, maintenance, upkeep, improvement, enhancement and replacement of community identification signs shall be borne by and be the responsibility of the Association. On Roads accepted into the public road system, the road signs shall meet the required standards and be Maintained by the County of Albemarle ("County") Road System. All signs and street lights in the subdivision shall be in accordance with the requirements of the County. Section 6.04. Maintenance of Public and Private Roads. (a) Right of Dedication. The Declarant shall have the right and power to dedicate to public use certain Roads, so that the same may be accepted into the County Road System and thereby be publicly Maintained. (b) Regulation of Traffic and Parking. Until the Public Roads are accepted for public use and maintenance, the Declarant, during the Declarant Control Period, and thereafter, the Board shall have the right and power to place any reasonable restrictions upon the use of the Public Roads, including the establishment of speed limits and regulation of parking along the Roads. During the Declarant Control Period, and thereafter, the Board shall have the right and power to place any reasonable restrictions upon the use of the Private Roads, including the establishment of speed limits and regulation of parking along the Private Roads. (c) Responsibility for Maintenance of the Public Roads. The initial construction of the Public Roads shall be paid for by and shall be completed by the Declarant or its assigns. Upon completion of the construction of the Roads, the cost of Maintenance, upkeep or replacement of all Roads and sidewalks located within the established Public easements or right of ways in Berkmar Overlook shall be the sole responsibility of the Declarant until accepted into 10 202100017786.014 the public road system, except that the Association shall pay for snow and ice removal from the roadways until acceptance into the public road system. No such cost will be borne by the County of Albemarle or the Commonwealth of Virginia or any other public agency until accepted into the County's public road system. (d) Responsibility for Maintenance of the Private Roads. The initial construction of the Private Roads shall be paid for by and shall be completed by the Declarant or its assigns. Upon completion of the construction of the Private Roads, the cost of Maintenance, upkeep or replacement of all Private Roads and sidewalks located within the established private easements or private right of ways in Berkmar Overlook shall be the sole responsibility of the Association as set forth below: (i) Minimum Standards: The Private Roads shall be Maintained with a minimum twenty foot (20') wide easement and twenty foot (20') wide paved travel surface, to be maintained in perpetuity to substantially the same condition it was in when approved by the County and initially constructed by the Declarant. The travelway shall at all times be Maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. (ii) Maintenance. For purposes of this subsection (d), `maintenance', includes the maintenance of the Private Roads, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other Private Road improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the Private Road reasonably open for usage by all vehicles, including emergency services vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. (iii) Cost of Maintenance. The Owner(s) of Lots shall be equally responsible for the cost of the maintenance of, and/or repair to, the Private Roads, by and through the Association. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified as part of the Private Roads in Berkmar Overlook unless and until such improvement(s) are accepted into the public road system. (iv) When to Maintain. After the initial construction of the Private Road, any further construction, maintenance or repair shall be undertaken with the approval of the Board. The cost and obligations to pay for Private Road Maintenance shall be part of the Assessment structure of the Association. (e) Responsibility for Maintenance of the Planting Strips and Driveway Aprons. Certain planting strips and each Lot Owner's driveway apron shall be located within the Road, and while such Road is a Private Road, such planting strips and driveway aprons shall be Maintained by the Association; when such Road becomes a Public Road that is offered and accepted into the public road system, then (i) each Lot Owner that benefits from a driveway apron that leads to the driveway of their Lot shall be solely responsible for the Maintenance of such driveaway apron, and (ii) the Association shall continue to Maintain the planting strip. 202100017786.015 (f) Parking Areas. Each Lot is required to utilize garage and driveway parking to the fullest extent, first and foremost, for their vehicles. Any parking areas that are established in Berkmar Overlook will be used and Maintained according to rules to be adopted by the Board. Such parking spaces may be assigned to individual Lots and/or reserved as guest parking, to be determined and modified from time to time by the Board. Available Parking spaces will NOT be allocated equally to every Lot or Owner. Any Parking Areas along the Private Road will be Maintained in the same manner as the Private Roads in (d) above. Section 6.05. Maintenance of Grounds. The initial grading, seeding, and landscaping of Common Areas, entrance features, and, storm water management facilities, as deemed appropriate by Declarant, shall be home and completed by Declarant. Upon completion of the Common Areas, entrance features and storm water management facilities, the Association shall be responsible for the maintenance of all grass, and the maintenance of, and in its discretion, the replacement of, all shrubbery and other plantings within the Common Area, which are either natural or were planted by Declarant within the Common Areas and the costs of such maintenance shall be an expense of the Association. Except as otherwise provided for herein, it is each Owner's responsibility to Maintain all landscaping, shrubbery and plantings on its Lot. Section 6.06. Maintenance of Common Areas Improvements. After the initial installation by the Declarant is complete, the Association shall be responsible for the upkeep, maintenance, management, operation and control of the Common Area and all improvements thereon including but not limited to, sidewalks, playground equipment, pavilion, benches, all fixtures, personal property and equipment related thereto, and the Association shall be responsible for paying personal property and real estate taxes, if any, on the Common Area and all improvements and personal property located thereon. The responsibility of the Association with regard to the upkeep, maintenance, management, operation and control of such Common Area shall include any and all sidewalks, pedestrian pathways, and trails, parks, tot lots and playgrounds, pavilion, playing fields, the storm water management facility, open space areas and all of the access and parking areas for any such facilities. The Association shall keep the Common Area in good, clean and attractive condition as determined by the Board. Notwithstanding any other provision of this Declaration, if any Owner through his own negligence or through his construction, development or other unusual activity on his/her Lot causes damage to any portion of the Common Area, then he/she shall be solely and exclusively responsible for the repair of such damage without the benefit of contribution from the other Owners, the Declarant or the Association. Section 6.07. Maintenance of Party Walls. (a) General Rules of Law to Apply. Each wall which is built as a part of the original construction of any townhouse or attached dwelling unit upon the Property subject to this Declaration and placed on the dividing line between Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of Section 6.07(b), the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (b) Sharing of Repair and Maintenance. The cost of reasonable repair and X 202100017786.016 maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. (c) Destruction by Fire or Other Casualty. If a parry wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may repair or restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of repair or restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. (d) Weatherproofing. Notwithstanding any other provision of Section 6.07(b), any Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. (e) Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section 6.07 shall be appurtenant to and shall run with the land and shall pass to such Owner's successor in title. (f) Association's Right to Repair and Maintain. In the event that any Owner shall fail to Maintain a party wall in a manner satisfactory to the Board, the Association, after thirty (30) days' prior written notice to such Owner and upon the affirmative vote of a majority of the Board shall have the right (but not the obligation), through its agents and employees, to enter upon such Lot and to repair, Maintain and restore the party wall. The cost of such repair and maintenance shall be added to and become a part of the Assessments (as defined in Section 8.01 below) to which such Lot(s) are subject, plus an administrative fee of Fifteen Percent (15%) of the cost of such work or Fifty Dollars ($50.00), whichever is greater. Section 6.08. Maintenance of Lots and Structures on Lots. (a) Maintenance by Owner. Exterior maintenance on improvements and dwelling units is NOT required to be performed by the Association. Except as otherwise provided for in this Declaration, the Owner of such Lot shall perform such maintenance, repair and replacement, and shall keep his Lot and all structures thereon in good order, condition and repair, including but not limited to: (i) Removal of snow and ice from walkways, leadways, lead walks, and driveways; (ii) Exterior painting of trim, doors, shutters, siding and any other painted surface, as required and approved by the Board (or as may be delegated by the Board to the Architectural Review Board); (iii) Trimming, weeding, watering, planting and general upkeep of all landscaping beds on the Lot, including the removal and replacement of dead trees, shrubs and plantings; 13 202100017786.017 (iv) Power washing; (v) All tree and branch maintenance for trees, as well as general debris, located on an Owner's Lot. (vi) Watering. The Declarant and the Association are not responsible to water lawns or landscaping on Lots. Individual Lot Owners are responsible to adequately water the lawn and landscaping on their individual Lots. Failed plantings, trees and/or lawns are the Lot Owner's obligation to cure. (vii) Street Lighting. Berkmar Overlook will be illuminated with light from a required post lamp and/or porch lamp on each Lot as approved by the Declarant, or by the ARB, as applicable. Such light will be activated by a photo -sensor at each dwelling. Owners must ensure that their required lamp is operating correctly and must replace burned out bulbs. (viii) All of the above maintenance items shall be governed by standards established by the Declarant during the Declarant Control Period, and thereafter, by the Board (or as may be delegated by the Board to the Architectural Review Board). (ix) In the event that any Owner shall fail to Maintain, repair and/or replace any item of maintenance, repair or replacement for which he is responsible in a manner satisfactory to the Board of Directors, the Association, after thirty (30) days' prior written notice to such Owner and upon affirmative vote of a majority of the Board of Directors, shall have the right (but not the obligation) to provide such maintenance, repair and/or replacement as in the opinion of a majority of the Board of Directors is required, and the cost thereof plus an administrative fee of 15% of the cost of such work or Fifty Dollars ($50.00), whichever is greater, shall be assessed against the Owner of such Lot and added to and become a part of the Association's assessment accounts as determined appropriate by the Board of Directors. In addition, the Board has the authority, but not the obligation, to initiate certain community -wide exterior maintenance and provide for the same under regular or special assessment as provided for herein. (b) Maintenance by the Association. The Association shall provide exterior maintenance as follows: (i) Limited Landscaping. Landscaping Maintenance by the Association shall include periodic lawn cutting services that are contracted for on each Lot by the Board. These landscaping services may also include routine thatching, fertilizing and aerating, at the discretion of the Board. (ii) Mulch. Mulch in landscaped beds. The Association may also include periodic mulch services for landscaping beds and/or trees that are in the front of 14 202100017786.018 any Lot, and/or, in the front and on one (1) side for corner or end unit Lot. (iii) Leaves. Leaf cleaning from gutters and downspouts, to prevent overflow and clogging of the drainage systems. (iv) Sidewalk Snow/Ice Removal. The Association shall provide snow and ice removal from the connective neighborhood sidewalks adjacent to the Roads, but not for the private lead walks or driveways on each Lot. The Board and/or Managing Agent (defined in Section 14.01) may adopt rules and regulations governing such snow/ice removal. (v) Site Planned Retaining Walls. The Association will provide for the repair and Maintenance of retaining walls that are installed as part of the original approved site plan for Berkmar Overlook, whether such retaining walls are located in the Common Area or on an individual Lot. (vi) Trash. The Association shall cause the removal of trash from each Lot, in accordance with Section 10.13 below. (vii) All of the above maintenance items shall be governed by standards established by the Declarant during the Declarant Control Period, and thereafter, by the Board. ARTICLE VII — THE ASSOCIATION Section 7.01. Membership. The Owner of a Lot shall be a Member of the Association. In addition, Declarant shall be a Member of the Association as set forth in this Declaration, the Articles of Incorporation and Bylaws of the Association so long as Declarant owns any Lot. Membership in the Association shall be appurtenant to and may not be separated or alienated from, ownership of Lots. Section 7.02. Voting Rights. The total number of residential Dwelling Units shall be determined as permitted by the County of Albemarle, Virginia, and as recorded Lots for Dwelling Units in the Clerk's Office. Each Lot constitutes one (1) residential Dwelling Unit. The Association shall have two classes of voting membership: Class A: Class A Members shall be all Owners of Lots, with the exception of the Class B Member. Class A Members shall be entitled to one (1) vote for each Lot owned by said Class A Member. In the event that more than one person or entity holds such interest in any Lot, all such persons or entities shall be Members. The vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to sixty (60) votes for each Lot owned. The Class B Membership shall terminate on the date on which Declarant has transferred to Class A Members a total of 15 202100017786.019 one -hundred percent (100%) of total anticipated number of Lots that may be developed on the Property. The Declarant may terminate its Class B Membership at any time by filing with the Association and in the Clerk's Office a written certificate terminating Declarant's interest in Berkmar Overlook as Class B Member. At such time as the Declarant's Class B Membership terminates, the Declarant shall become a Class A Member to the extent and for the period during which the Declarant owns any Lot. Section 7.03. Board of Directors. The initial Board of Directors shall be appointed by the Declarant until the first meeting of the Association. At said meeting the Board of Directors of the Association shall be elected by the Members as set forth in the Bylaws of the Association. Section 7.04. Powers and Duties of Board of Directors. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by the Declaration or by the Articles of Incorporation and/or Bylaws of the Association required to be exercised or done by the Members of the Association. Section 7.05. Quorum; Notice. At any meeting called to vote on taking any action authorized under this Declaration, an amendment to, or the termination of, this Declaration, the presence of Members or of proxies entitled to cast twenty-five percent (25%) of all votes shall constitute a quorum. If the required quorum is not present, another meeting may be called, and the presence of Members or of proxies entitled to cast ten percent (10%) of all votes shall constitute a quorum at the subsequent meetings called for the same purpose. Written notice of said meeting shall be hand delivered, mailed postage prepaid or emailed to all Members not less than fifteen (15) days prior to the date of the meeting. Section 7.06. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary prior to the taking of any vote by the Members. Every proxy shall be revocable and shall automatically cease (i) upon conveyance by the Member of his or her Lot, or (ii) if the Member giving the proxy personally attends the meeting to which the proxy pertains. When required by the Board of Directors, there shall be sent with notices of regular or special meetings of the Association, a statement of certain motions to be introduced for vote of the Members and a ballot on which each Member may vote for or against each such motion. Section 7.07. Voting Rights Abated. Voting rights are abated for any Lot where the current Owner is subject to past due and delinquent assessments, which are in excess of 30 days past due. Voting rights resume after all past due Assessments are brought current. ARTICLE VIII — ASSESSMENTS Section 8.01. Types of Assessments. Within Berkmar Overlook, three (3) types of assessments are permitted, as follows: (1) Community Assessments made by the Association upon all Lots for regular and daily community purposes; (2) Community Reserve Fund Assessments made by the Association upon all Lots for the periodic work such as: the long term capital improvements for Common Areas, parking areas (if any), and, other repairs or replacements of community features; and (3) Reserve Fund Assessment for Lots made by the 202100017786.020 Association upon Lots with attached units for the periodic work such as: the long term capital improvements to certain shared gutters and roofs among more than one Lot, and other repairs or replacements as provided for in this Declaration (collectively referred to as the "Assessments"). In addition, all of the above Assessments can be regular or special as set forth herein. A chart is provided in Section 8.06(e) to illustrate the main features of the Assessment Structure. NVR, Inc., a Virginia corporation, and its affiliates are exempt from the assessments described in this Article VIII. Section 8.02. Assessments by Class and Exceptions. All Assessments in this Article VIII are paid by Class A Members. Class B Members, the Declarant, and, third party home builders, do not pay any Assessments or other charges under this Article VIII , except as provided for in the last sentence of this Section 8.02. Notwithstanding the foregoing, in the event that a third party home builder does not convey his improved Lot within twelve (12) months of the issuance of a Certificate of Occupancy, said third party home builder shall thereafter begin to pay Assessments and charges established in this Article VIII as a Class A Member beginning on the first calendar day of the month following the twelve (12) month anniversary of the issuance of the Certificate of Occupancy. Section 8.03. Community Assessments. (a) Creation of Community Assessment Lien. Declarant, for each Lot owned, hereby covenants, and each Owner of any Lot, by acceptance of a deed or other instrument of conveyance therefor, including any purchaser at a judicial or trustee sale, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association the following Community Assessments: (1) all annual assessment dues, fees and charges, and (2) all special Community Assessments for capital improvements, major repair, and/or extraordinary items, such special Community Assessments to be fixed, established and collected from time to time as hereinafter provided. The Community Assessments, together with interest as hereinafter provided, costs of collection, and reasonable attorneys' fees, shall be a charge upon the land and shall be a continuing lien upon the Lot against which each such Community Assessment is made as hereinafter provided. No Owner may waive or otherwise avoid liability for the Community Assessments by the non-use of the Common Area or by abandonment of his Lot or rights in the Common Area. (b) Purpose of Community Assessments. The Community Assessments levied by the Association shall be used to promote the enjoyment, health, safety and welfare of the residents in Berkmar Overlook, and in particular for the repair, maintenance, upkeep, improvement and enhancement of (i) access easements, (ii) Private Roads, (iii) parks, (iv) sidewalks within the parks, (v) certain retaining walls as provided for in this Declaration, (vi) surface and storm water drainage facilities, (vii) the treestbushes contained within the Landscaping Easements (defined in and subject to Article XIII) whether within the Common Areas or the individual Lots, (viii) the retaining walls within the Retaining Wall Easements (defined in and subject to Article XIV) (ix) identification signs, (x) exterior lighting systems for streets (if applicable) and/or (xi) Common Areas, (xii) landscaping maintenance of all Lots as determined by the Board, and (xiii) Maintaining the grounds of Common Area (including the Existing Cemeteries and landscaping areas), (xiv) parking areas (if any), and (xv) amenities in Berkmar Overlook, including, but not limited to, (a) mowing grass, (b) landscaping, 17 202100017786.021 (c) paving, (d) striping, (e) cleaning, (I) snow, and (g) ice removal in the Common Areas, as provided in this Declaration, and (xvi) if deemed necessary and/or appropriate by the Board, the advancement of the cost of any payment, repair and/or replacement of any item which is the responsibility of any Owner until such time as the additional assessment attributable thereto can be levied and collected from the Owner(s) responsible therefor. The Community Assessment is also to cover lawn mowing, mulch services, trash removal, and other services as set forth in Section 6.08(b). The Community Assessment is also for the administrative expenses of operating the Association, including but not limited to, the fees and expenses of hiring a professional management company, insurance, mailings, websites, banking, corporate filings, other professional assistance, and all other administrative expenses. (c) Annual Community Assessments. The annual Community Assessments shall be made on the basis of a calendar year beginning January I' and ending December 3151. The level of such annual Community Assessments shall be established annually by the Board as set forth in the Bylaws of the Association and upon the establishment of the annual Community Assessments, all Owners shall be notified of the amount of such fee and the terms of the payment thereof. Fees shall, when feasible, be based on the Association's approved operating budget for the fiscal year in which the Assessment will be collected. The initial annual Community Assessment on each improved Lot (improved by a completed Dwelling Unit for which a certificate of occupancy has been issued by the County of Albemarle, Virginia) shall be $1,433.13 per year ($119.43 per month), prorated from the commencement of collections. (d) Special Community Assessments. In addition to the annual Community Assessment authorized above, the Association may levy in any assessment year a special Community Assessment applicable to that calendar year only for the purpose of defraying, in whole or in part, the costs of any major and/or extraordinary expense of the Association, and, if deemed necessary and/or appropriate by the Board, the advancement of the cost of any payment, repair and/or replacement of any item which is the responsibility of any Owner until such time as the additional assessment attributable thereto can be levied and collected from the Owners(s) responsible therefor; provided, that any such special Community Assessment shall have the consent of at least two-thirds (2/3) of the votes of the Members present to vote at a duly called meeting, in person or by proxy, where a quorum is established for such meeting. (e) Uniform Rate of Assessment. Both annual and special Community Assessments must be fixed at a uniform rate for all improved Lots as a class, and may be collected in advance on a quarterly or other periodic basis as determined by the Board. Section 8.04. Community Reserve Fund Assessments. (a) Creation of Reserve Fund Assessment Lien. The Declarant, for each Lot owned on which a Dwelling Unit is presently or shall hereafter be constructed, hereby covenants, and each Owner of any such Lot, by acceptance of a deed or other instrument of conveyance therefor, including any purchaser at a judicial or trustee sale, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association the following Community Reserve Fund Assessments: (1) all annual Community Reserve Fund Assessments, fees and charges, and, (2) all special Community Reserve Fund 18 202100017786.022 Assessments for Common Area improvements or other extraordinary expenses of the Association. The Community Reserve Fund Assessments, together with interest as hereinafter provided, costs of collection, and reasonable attorneys' fees, shall be a charge upon the land and shall be a continuing lien upon the Lot against which the Community Reserve Fund Assessments are made as hereinafter provided. No Owner may waive or otherwise avoid liability for such Community Reserve Fund Assessment by the non-use or abandonment of his Lot. (b) Purpose of Community Reserve Fund Assessments. The Community Reserve Fund Assessments levied by the Association shall be used for the purpose of. (i) the long term capital improvements or major maintenance of the Common Areas, Private Roads, and certain retaining walls described in this Declaration, (ii) other unforeseen and extraordinary expenses of the Association, (iii) the removal and replanting of trees/bushes (or other costs associated therewith) located within the Landscaping Easements (defined in Section 13.01), (iv) the removal, maintenance, repair and/or replacement of any retaining walls within the Retaining Wall Easements (defined in Section 14.01) and/or (v) improvements to either of the Existing Cemeteries (defined in Article XV), whether located within Common Areas or within individual Lots. Repairs and replacements may be made at such time and in such manner as the Board shall determine. General yearly maintenance or minor repairs should be covered under the Annual Community Assessments above. (c) Annual Community Reserve Fund Assessment. The annual Community Reserve Fund Assessment shall be made on the basis of a calendar year beginning January I" and ending December 31". The initial annual Community Reserve Fund Assessment on each improved Lot (improved by a completed Dwelling Unit for which a certificate of occupancy has been issued by the County of Albemarle, Virginia) shall be $66.88 per year ($5.57 per month), prorated from the commencement of collections. The Board may defer or waive reserve funding in any given calendar year based on the needs analysis of a reserve study by the Board. (d) Special Community Reserve Fund Assessment. In addition to the annual Reserve Fund Assessment authorized above, the Association may levy in any assessment year a Special Community Reserve Fund Assessment applicable to that calendar year only for the purpose of defraying, in whole or in part, the costs of any major and/or extraordinary improvements to the Common Areas or other extraordinary expenses of the Association; provided, that any such Special Community Reserve Fund Assessment shall have the consent of at least two-thirds (2/3) of the votes of the Members present to vote at a duly called meeting, in person or by proxy, .where a quorum is established for such meeting. (e) Uniform Rate of Assessment. Both annual and special Community Reserve Fund Assessments must be fixed at a uniform rate for all improved Lots as a class and may be collected in advance on a quarterly or other periodic basis, as determined by the Board of Directors. Section 8.05. Reserve Fund Assessments for Lots. (a) Creation of Reserve Fund Assessment Lien for Lots. The Declarant, for each Lot owned on which a Dwelling Unit is presently or shall hereafter be constructed, hereby covenants, and each Owner of any such Lot, by acceptance of a deed or other instrument of conveyance therefor, including any purchaser at a judicial or trustee sale, whether or not it shall IV 202100017786.023 be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association the following Reserve Fund Assessments for Lots: (1) all annual Reserve Fund Assessments for Lots, fees and charges, and, (2) all special Reserve Fund Assessments for Lots for other extraordinary expenses of the Association relating to Lots. The Reserve Fund Assessments for Lots, together with interest as hereinafter provided, costs of collection, and reasonable attorneys' fees, shall be a charge upon the land and shall be a continuing lien upon the Lot against which the Reserve Fund Assessments for Lots are made as hereinafter provided. No Owner may waive or otherwise avoid liability for such Reserve Fund Assessment for Lots by the non-use or abandonment of his Lot. (b) Purpose of Reserve Fund Assessments for Lots. The Reserve Fund Assessments for Lots levied by the Association shall be used for the purpose of (i) the long term capital improvements or major maintenance of the gutter and roofs of Lots, and/or (ii) other unforeseen and extraordinary expenses of the Association relating to Lots. Roof and gutter repairs and replacements may be made at such time and in such manner as the Board shall determine. (c) Annual Reserve Fund Assessment for Lots. The annual Reserve Fund Assessment for Lots shall be made on the basis of a calendar year beginning January I" and ending December 31s'. The initial annual Reserve Fund Assessment for Lots shall apply to improved Lots only (improved by a completed Dwelling Unit for which a certificate of occupancy has been issued by the County of Albemarle, Virginia) and shall be $300.00 per year ($25.00 per month). The Board may defer or waive reserve funding in any given calendar year based on the needs analysis of a reserve study by the Board. (d) Special Reserve Fund Assessment for Lots. In addition to the annual Reserve Fund Assessment for Lots authorized above, the Association may levy in any assessment year a special Reserve Fund Assessment for Lots applicable to that calendar year only for the purpose of defraying, in whole or in part, the costs of any major and/or extraordinary improvements to the exterior roofs and gutters or other extraordinary expenses of the Association for Lots; provided, that any such special Reserve Fund Assessment for Lots shall have the consent of at least two-thirds (2/3) of the votes of the Members present to vote at a duly called meeting, in person or by proxy, where a quorum is established for such meeting. (e) Uniform Rate of Assessment for Lots. Both annual and special Reserve Fund Assessments for Lots must be fixed at a uniform rate for all improved Lots as a class and may be collected in advance on a quarterly or other periodic basis, as determined by the Board of Directors. Section 8.06: Date of Commencement of ALL Assessments and ALL Annual Reserve Fund Assessments, and, Increases in Assessments. (a) Commencement. Except as set forth in Section 8.02, the annual Assessments provided for herein shall commence as to all Lots on the date to be specified by the Declarant, but in no event later than the first day of the first calendar quarter following the first meeting of the Association. The Assessments may be prorated to reflect any portion of a year when dues collection commences. The Reserve Fund Assessments provided for herein shall commence as to all improved Lots on the date to be specified by the Declarant, but in no event later than the 20 202100017786.024 first day or the first calendar quarter following the first meeting of the Association. The Board of Directors shall set the amount of the Assessments against each applicable Lot and the amount of the Reserve Fund Assessments against each applicable Lot at least thirty (30) days in advance of each annual assessment period. Written notice or e-mail notice of such Assessments shall be sent to the Owners subject thereto, by notice to the address of the property, or, such other address that has been provided in writing to the Association from the Owner of record. The Board of Directors shall have the right to subsequently increase such annual assessments and to make a supplemental levy upon the Owners subject thereto if the Board of Directors determines that the amount of such normal assessment as initially set was inadequate. (b) Assessment Collection Dates. Unless otherwise established by the Board of Directors, such annual Assessments shall be due in advance in four (4) equal quarterly installments on the I" day of January, April, July and October, and annual Assessments shall be prorated where sale is made or the residential structure is completed between the quarterly due dates. The Association shall within fourteen (14) business days of request furnish a certificate in writing signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. A reasonable charge may be made by the Board of Directors for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. The frequency of assessment collection is initially set as quarterly, but may be adjusted by action of the Board of Directors to monthly, semiannually or annually for the effective management of the Association. (c) Assessment Increases. Each calendar year, the Community Assessments and Reserve Fund Assessments may be increased or decreased by up to twelve percent (12%) per year from the prior year's annual amount for each particular type of Assessment, by action of the Board of Directors. These increases or decreases by Board action apply to annual Community Assessments (Section 8.03), Reserve Fund Assessments (Section 8.04), and, Reserve Fund Assessment for Lots (Section 8.05), but do not apply to any special Assessments. Increases or decreases, effective January I" of each year, can be set by the Board of Directors, without a vote of the Members, not to exceed the twelve percent (12%) limit set forth herein. The Board of Directors may fix such annual increase or decrease after due consideration of current and anticipated maintenance costs, appropriate depletion allowances, reserve funds, and other needs of the Association. Each type of Assessment may be considered separately by the Board and the same percentage of increase or decrease need not apply uniformly across each type of Assessment. Any increase requested by the Board of Directors in excess of twelve percent (12%) over the prior calendar year's assessment must be approved by at least more than fifty percent (501/6) of the votes of the Members present to vote, in person or by proxy, at a meeting of the Association duly called for this purpose, where a quorum has been established. Any increase allowed under this Section, may be scheduled for collection as approved by the Board and need not be collected in equal payments over the course of the applicable calendar year. (d) New Owner Set Up Fee. There will be a New Owner Set Up Fee in an amount to be set annually by the Board with the annual budget. The initial amount of the New Owner Set Up Fee will be $50.00. Said amount is payable to the Association, upon the recordation of a new Deed to any Lot (excluding a Deed to a third -parry home builder). The fee may be assigned by the Board to a Management Company for the administrative costs associated with 21 202100017786.025 establishing a new Lot Owner in the records of the Association for mailings, e-mails, accounting and other communications. The fee is imposed on a per Lot basis to new Owners as evidenced by a Deed of conveyance to the Lot in an arm's length transaction. It is the intention of this Section to exclude certain conveyances, including but not limited to, Deeds of Gift, bequests under a will, transfers by the Declarant and to home builders, as well as court ordered transfers. (e) Assessment Illustrative Summary. This is a general illustrative table of Regular Assessments only. Additional terms and conditions are set out in more detail throughout this Article VIII and this Declaration. Special Assessments and periodic Assessment increases are not illustrated in this table. Type of Assessment Starting Assessments cover the following Annual services, generally. Amount of Assessment Annual Community $$1,433.13 Common Area Maintenance. Snow Regular Assessment each year per & Ice Removal on Roads, gutter Lot ($119.43 cleaning, Association administrative per month) expenses and Maintain those certain trees/bushes located within the Landscaping Easements, and maintain those certain retaining walls located within the Retaining Wall Easements and maintain those certain burial plots located within the Existing Cemeteries. Annual Community $66.88 each Long term capital improvement of Reserve Fund year per Lot Common Area elements, such as Assessment ($5.57 per private road repairs, entrance month) features, park improvements and storm water management facilities. Removal and replanting of trees/bushes located within the Landscaping Easements. Removal, repair, replacement of any retaining walls within the Retaining Wall Easements. Improvements to any fencing located around the perimeter or either Existing Cemetery. Annual Reserve $300.00 each Long term capital improvements for Fund Assessment year per Lot roofs and gutters on Lots. for Lots ($25.00 per month 22 202100017786.026 NOTES: (1) Special assessments can be voted on and added to each of the Assessment types and amounts listed above. (2) Starting amounts are effective when Assessments commence and are subject to increases as voted on by the Board and/or the Association. (3) There is a New Owner Set Up Fee to pay for administrative charges associated with transfers in ownership. See 8.06(d) above. Section 8.07. Personal Obligation of Assessments. Assessments, together with interest as hereinafter provided, costs of collection, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when Assessments first became due and payable. In the case of co -ownership of a Lot, all such co -owners shall be jointly and severally liable for the entire amount of such assessments. All Owners of Lots, by acceptance of an instrument of conveyance, waive all rights to any homestead exemption with respect to their personal obligation for the payment of such assessments, late charges and/or interest. The personal obligation for unpaid delinquent Assessments (of all types) shall not pass to an Owner's or Declarants successor in title, unless expressly assumed by such successor in writing. Section 8.08. Effect of Non -Payment of Assessments; Remedies of the Association. The lien for all Assessments shall also secure all interest and costs of collection, including reasonable attorneys' fees, whether suit is brought or not, which may be incurred by the Association in enforcing said lien. Any Assessment which is not paid when due shall bear interest from the date when due until paid at the rate of fifteen percent (15%) per annum, and in addition, the Owner shall pay a fixed late fee of $10.00 per month, billed monthly beginning fifteen (15) days after the due date for any payment not received by the Association when due. Such late fee may be increased or decreased by the Board. In the event that any Owner is more than forty-five (45) days delinquent in the payment of any Assessment (fees, charges and interest), the Association shall have the right and power to accelerate the balance of the calendar year's Assessments and to consolidate said balance with any delinquent amount. In addition, all voting rights of an Owner shall cease when an Owner is more than forty five (45) days delinquent in payments until all delinquent Assessments, fees, charges and interest are brought current. Section 8.09. Lien for the Payment of Assessments and Subordination of Lien to First Mortgage. There shall be a continuing lien upon each of the individual Lots subject thereto in order to secure payment of the Assessments provided for in this Declaration, but such lien shall be at all times subject and subordinate to any first mortgage or deed of trust placed on the Lot at any time. However, at such time as the Association places to record in the Clerk's Office a notice of delinquency as to any particular Lot on a form prescribed by the Board of Directors, then, from the time of recordation of said notice, the lien of such delinquent Assessments in the amount stated in such notice shall be a lien prior to any subsequently recorded first or second mortgages or deeds of trust in the same manner as the lien of a docketed judgment in the Commonwealth of Virginia. The lien of Assessments provided for herein, whether or not notice has been placed on record as above provided, may be foreclosed by a bill in equity in the same manner as provided for the foreclosure of mortgages, vendor's liens, and liens or a similar nature. A statement from the Association showing the balance due on any Assessment shall be prima facie of the current Assessment delinquency, if any, due on a particular Lot. The lien of the Assessments provided 23 202100017786.027 for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect any Assessment lien; provided, however, that the sale or transfer of any Lot pursuant to the foreclosure of a Mortgage or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. No sale or transfer of any Lot shall relieve an Owner from liability for any such Assessments due and owing prior to the date of conveyance of the Lot. No amendment to this Section shall affect the rights of the holder of any First Mortgage on any Lot (or the indebtedness secured thereby) recorded prior to recordation of such amendment unless the holder thereof (or the indebtedness secured thereby) shall join in the execution of such amendment. ARTICLE IX - ARCHITECTURAL CONTROL Section 9.01. Purpose. An Architectural Review Board shall regulate the external design, appearance, use, location and maintenance of improvements and landscaping on any Lot or the Common Area, other than improvements constructed or landscaping done by Declarant, its contractors and subcontractors, in such a manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to preserve the general character and architectural compatibility of Berkmar Overlook as constructed by Declarant. NVR, Inc., a Virginia corporation, and its affiliates are exempt from the requirements of this Article IX. Section 9.02. Conditions. No improvements, alterations, repairs, change of paint or stain colors, excavations, changes in grade, clearing, major landscaping or other work which in any way alters such property from its natural or improved state on the date such property was first conveyed in fee by Declarant or a third -party townhouse builder to an Owner shall be made or done without the prior approval of the Architectural Review Board except as otherwise expressly provided herein. No buildings, sheds, fences, walls, residences or other structures or improvements to a structure erected, or constructed on any portion of Berkmar Overlook shall be commenced, other than by Declarant, without the prior written approval of the Architectural Review Board. Declarant shall not be required to obtain the consent or the approval of the Architectural Review Board or of the Association for any improvements, construction, grading or landscaping performed by Declarant, its contractors and subcontractors in Berkmar Overlook. Section 9.03. Procedures. Any Owner who desires to construct any structure, improvement on or make alteration to the exterior appearance of his Lot, or the improvements thereon, and the Association itself, if it desires to construct any improvements or make any alteration to any Lot or the Common Area, shall submit to the Architectural Review Board the plans and specifications therefor showing (a) the site plan showing the location of all proposed and existing structures on the Lot; (b) the exterior elevations for the proposed structure or alteration; (c) specifications of height, color, materials and other details affecting the exterior appearance of the proposed structure or alteration; and (d) a description of the plans for existing and proposed landscaping or grading. In discharging its functions and duties, the Architectural Review Board shall endeavor to maintain and preserve the general character and architectural compatibility of Berkmar Overlook as constructed by Declarant. In the event the Architectural Review Board fails to approve, modify or disapprove in writing a request for approval 24 202100017786.028 required herein within thirty (30) days after plans, specifications, or other appropriate materials have been submitted in writing to it, in accordance with its adopted procedures, the approval will be granted. The Architectural Review Board may adopt procedures, rules or standards as to the information it requires to be submitted to it with any request for approval, including establishing an application fee and a review fee. Section 9.04. Composition of Architectural Review Board. During the Declarant Control Period, the Architectural Review Board (also known as ARB) shall be a committee initially consisting of at least one (1) person, appointed by Declarant, but the ARB may be increased by the Board from time to time to not more than five (5) members. Such person(s) may, but need not, be members of the Association. Members of the ARB shall serve for a term of one year or until their successors are appointed and qualified. Following the Declarant Control Period, the members of the ARB shall be appointed by the Board. Board members may serve on the ARB. Section 9.05. Right of Entry. In emergency circumstances or otherwise upon prior notice, the Association and the ARB, through their authorized representatives shall have the right to enter upon any Lot and improvements thereon, at all reasonable times to ascertain whether the Lot or any structure on it is in compliance with the provisions of this Article IX and/or any guidelines, regulations, standards or rules of the ARB without being deemed to have committed a trespass or wrongful act. ARTICLE X — GENERAL USE RESTRICTIONS AND REQUIREMENTS Section 10.01. Residential Use. No Lot shall be utilized for the conduct of any commercial or professional enterprise of any kind. All Lots shall be utilized exclusively for single family residential living units and for no other purposes. For the purposes of this Declaration, the term "single family" shall mean and be defined as follows: (a) an individual, (b) two or more persons related by blood, marriage, adoption or guardianship together as a single housekeeping unit, or (c) no more than three persons not related by blood, marriage, adoption or guardianship living together as a single housekeeping unit. Notwithstanding the foregoing, telecommuting and use of a Lot for home office by the Lot Owner shall be permitted provided that (i) such use is permitted under the applicable zoning ordinance; (ii) no outside sign advertising or identifying such profession or industry will be permitted on any Lot; and, (iii) such telecommuting or home office does not require any commercial visitors to Berkmar Overlook. Section 10.02. Nuisances. No noxious, boisterous or offensive activity shall be carried on, upon, or in any Lot, nor shall anything be done thereon which may be, or may become, an annoyance, nuisance, fire hazard or safety hazard to the neighborhood. The provisions of this section shall not proscribe or limit in any way the right of Declarant to carry on any development and construction activities in Berkmar Overlook. Section 10.03. Signs, Flags and Decorations. No billboards, signs or flags of any kind shall be erected, Maintained or displayed on any Lot except with the prior approval by the ARB; provided, however, that the Declarant, its successors and/or assigns and other third party home builders may post a model home sign, lot marker signs, and "for sale" signs on available Lots and in the Common Areas, until the Declarant has sold or transferred the last Lot. All other "for sale" 25 202100017786.029 and/or "for rent" signs are limited to window signs that are no larger than 2.5 feet in height and width. Each Lot may only display one (1) "for sale" or "for rent" sign at any given time. Each Lot is permitted to display one American flag on a pole attached to a front porch or other first floor frontage of the dwelling. Said flag shall not exceed 3 feet by 5 feet in size. The Board shall have the right to promulgate rules relating to holiday decorations, including but not limited to the location and hours that lights may be left on and a prohibition against exterior decorations that play music or other sounds. Section 10.04. Recreational and Motor Vehicles. Except as may otherwise be expressly provided for in the rules and regulations adopted by the Association, no mobile home, trailer, camper, bus, truck over three quarter (3/4) ton rated capacity, or boat shall be placed, stored or parked within Berkmar Overlook, either temporarily or permanently, on a Lot and/or Public Road in the subdivision. In addition, the Association shall have the right to regulate or prohibit the storage or parking, whether temporary or permanent, within Berkmar Overlook of any van or truck which in the opinion of the majority of the Board of Directors harms or detracts from the general aesthetic character and harmony of Berkmar Overlook by reason of. (1) the types and/or quantities of materials or items stored within or on such van or truck; (2) the general disrepair, poor condition, or dilapidated state of such van or truck; or (3) the unusual or tasteless exterior appearance of such van or truck created by unusual or custom paint schemes, graphics, illustrations and/or words. The provisions of this section shall not proscribe or limit in any way the rights of Declarant to park vehicles related to construction activities by Declarant, its contractors and subcontractors. Section 10.05. No Temporary Structures. No structures of a temporary character, tent, or trailer shall be used on any Lot or in the Common Area at any time for storage, as a residence, or for any other purpose. Section 10.06. Antennae, Aerials and Satellite Dishes. No antennae or aerials shall be placed on any Lot or fixed to the exterior of any building, and no antenna or aerial placed or fixed within a building shall extend or protrude from the exterior of such building, unless approved by the Architectural Review Board. No transmitting or receiving equipment which might interfere with television, radio or any other communications reception of Owners shall be used or permitted upon or within any Lot. The provisions of this section shall not preclude the Association from establishing a community antenna or earth receiving television system in Berkmar Overlook. Whenever possible and based on signal availability, satellite dishes shall be placed in/on the rear of a townhouse or home; when necessary, such dishes may be placed on the roof, so long as best efforts are made to shield the view of the dish from the street. Dishes shall not exceed twenty four (24) inches in diameter. Any damage done by the installation or removal of a dish shall be repaired at the sole expense of the Lot Owner and not by the Association. Section 10.07. Garage and Driveway Parking. To prevent parking problems throughout Berkmar Overlook, garages and/or driveways must be utilized for vehicle parking by the Members to their fullest useful extent so as to minimize the number of vehicles visible from Common Areas and Roads at Berkmar Overlook. Lot Owners shall at all times keep all vehicles within the garage, driveway or designated parking spot for their particular unit. The Declarant or the Board may adopt rules, regulations and fines relating to parking, so that garages and driveways are fully utilized for parking and that the guest parking is reasonably available for guests and short 26 202100017786.030 term parking. The Board has the authority to designate and assign parking spaces to certain Lots within the Common Area. Section 10.08. Clothes Drying. No clothing, laundry or wash shall be aired or dried on any portion of a Lot exposed to view from any other Lot, the Common Area or Roads and access easements. Section 10.09. Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot or within the Common Area, except that dogs, cats and other common household pets may be kept on individual Lots, subject to reasonable rules and regulations established by the Association. Dogs shall be under the control of their owner at all times. Dogs shall not be tied up or penned outside overnight. Section 10.10. Motor Vehicles. No inoperable motor vehicles or motor vehicles without current tags and/or inspections shall remain within Berkmar Overlook for more than forty-eight (48) hours. The Association in its rules and regulations shall have the power to define what constitutes an inoperable motor vehicle. Section 10.11. Regulation of Wood Stoves. No wood stove (including free-standing and those inserted in existing fireplaces) shall be installed, Maintained or used on or within any townhouse or Lot unless the following conditions are met: (a) Installation, maintenance and/or use shall at all times be in compliance and conformity with all local and state building and fire codes and regulations; (b) Annual cleaning of the wood stove and flue serving the wood stove by and at the expense of the Owner of such wood stove; (c) Immediate correction and elimination by and at the expense of the Owner of such wood stove of any unsafe or hazardous -condition which may occur or be discovered at any time; and (d) Annual inspection of the wood stove and flue serving such wood stove by a designated agent or subcontractor of the Association, with the cost or such annual inspection paid by the Owner of such wood stove. Section 10.12. Storage of Firewood. No more than three-quarter (3/4) cord of firewood shall be stored at anytime on or within any Lot and may not be piled, stacked or stored against the exterior wall of any building. Suction 10.13. Trash Collection. Trash removal is included as part of the Assessment collection for the Association. It is anticipated that trash collection for Berkmar Overlook may be accessed through a collection company hired by the Association. One (1) tote can will be permitted per Lot. The Declarant shall have the right to designate a single trash/garbage removal company to provide trash/garbage removal service to all Lots in Berkmar Overlook. This right 27 202100017786.031 may be exercised by the Declarant to enhance the tranquility of Berkmar Overlook by reducing the number of times each week that trash trucks are in Berkmar Overlook and to protect the Roads in Berkmar Overlook from unnecessary wear and tear from multiple trips by multiple trucks. The company may be changed from time to time if the company's service is not satisfactory to the Declarant. Trash cans and totes may only be placed curbside the evening before a scheduled pick- up day and must be brought back in from the curb on the same day after the trash pick-up. All trash cans and totes shall be stored according to rules set by the Board. The Declarant assigns the rights set forth in this Section to the Board of the Association at the end of the Declarant Control Period. Section 10.14. Fencing and Decking. Fences and decks are not permitted without first obtaining the approval of the Architectural Review Board pursuant to Article IX. ARTICLE XI - DECLARANT'S RIGHTS Section 11.01. Declarant's Rights. Declarant hereby reserves to itself, and each Owner of any Lot, by acceptance of a deed or other instrument of conveyance therefor, hereby agrees, that Declarant shall have the following rights, so long as Declarant owns any Lot in Berkmar Overlook and/or any portion of the Property, to -wit: (a) The right to replace, vacate or withdraw any portion of any platted area from the real property subject to this Declaration, in accordance with the laws of the Commonwealth of Virginia; (b) The right to approve or disapprove any amendments to this Declaration and any amendments to any corporate documents related to the Association; and (c) The right to conduct the development, construction, marketing and sale of all property in Berkmar Overlook owned by Declarant, including erection of signs, the maintenance of model homes, and the use of Common Area for promotional purposes. The right set forth herein may be assigned by Declarant to any builder in Berkmar Overlook. Section 11.02. Release of Rights by Declarant. Declarant may, by an instrument recorded in the Clerk's Office, release, at any time and without the approval or consent of any other party, any of the rights reserved unto it under Section 11.01 hereof. At the end of the Declarant Control Period, all rights reserved unto the Declarant herein shall be deemed transferred to the Association, for administration by the Board. ARTICLE XII — BUILDING SETBACK LINES Section 12.01. Purpose. The building setback lines and/or setback requirements shown on the Subdivision Plat are set forth solely for informational purposes to show the setback requirements imposed by the zoning ordinance of the County of Albemarle in effect on the date of approval of such plat and are not restrictive covenants running with the land. Section 12.02. Relief from Violation. Relief from any violation of such setback 28 202100017786.032 requirements may be effectively and conclusively obtained by a variance or variances granted by the Board of Zoning Appeals of the County of Albemarle, Virginia, or its successor governmental body. ARTICLE XIII — ASSOCIATION LANDSCAPING EASEMENT Section 13.01. Creation of Landscaping Easements; Association Responsibility. The Declarant hereby grants the Association certain variable width and 6' landscaping maintenance easements within those certain areas labeled and designated as "New Variable Width Landscape Maintenance Easement"and "New 6' Landscape Maintenance Easement -Offset from R/W-" on the Easements Plat ("Landscaping Easements"). The Landscaping Easements shall remain undisturbed and trees/bushes located within the Landscaping Easements shall be preserved in accordance with the terms set forth herein. The Association shall be responsible for the maintenance of the Landscaping Easements upon the terms set forth within this Article XIII. Section 13.02. Tree/Bush Removal and Replacement Procedure. No person(s) or entit(ies) shall remove any standing trees/bushes contained within the Landscaping Easements, unless otherwise permitted herein. The Association may remove certain tree(s)/bush(es) within the Landscaping Easements upon obtaining prior written consent from Albemarle County or its duly authorized department (the "County"). If one or more trees/bushes within the Landscaping Easements need to be removed for appropriate reasons (diseased or dying, control of invasive species, safety hazard to structures, etc.), then the Association shall make written request for said removal of trees/bushes to the County and accompany such request with a certified arborist report, as applicable. If required by the County, the Association shall promptly replant tree(s)/bush(es) in any location where tree(s)/bush(es) have been removed in conformity with this Article XIII. Section 13.03. Cost Allocation; Right to Reimbursement. The costs to remove and replant any trees/bushes located within the Landscaping Easements, regardless of whether such trees/bushes are located within any of the Open Space areas or within any individual Lots areas shown on the Easements Plat, shall be bome by the Association and shall be funded and paid by either Community Assessments (regular or special) or Community Reserve Fund Assessments (regular or special). The costs to remove and replant any trees/bushes within the Landscaping Easements, where such trees/bushes are also located within one or more Lot(s) of Owner(s), shall be initially home by the Association, but the Association shall be entitled to reimbursement from such Lot Owner(s), as reasonably determined by the Board. Such reimbursement shall be paid to the Association by the Lot Owner(s) within thirty (30) days after the receipt by said Lot Owner(s) of the Association's written notice and invoice therefor. Section 13.04 Amendment. Notwithstanding Section 17.03 below, or any other provision herein, this Article may not be amended without the prior written consent of the County. ARTICLE XIV — RETAINING WALL EASEMENTS Section 14.01. Creation of Retaining Wall Easements; Association Responsibility. The Declarant hereby grants the Association certain retaining wall easements within those certain areas labeled and designated as "New Variable Width Wall and Maintenance Easement", "New 5' Wall and Maintenance Easement" and "New 18' Wall and Maintenance Easement" on the Easements 29 202100017786.033 Plat ("Retaining Wall Easements"). The Retaining Wall Easements shall remain undisturbed and the dirt and retaining walls located within the Retaining Wall Easements shall be preserved in accordance with the terms set forth herein. The Association shall be responsible for the maintenance, removal and replacement of the retaining walls located within the Retaining Wall Easements upon the terms set forth within this Article XIV. Section 14.02. Retaining Wall Removal, Maintenance and Replacement Procedure. No person(s) or entit(ies) shall remove any standing retaining walls contained within the Retaining Wall Easements, unless otherwise permitted herein. The Association may remove certain retaining walls and associated dirt within the Retaining Wall Easements. If one or more retaining walls within the Retaining Wall Easements need to be removed for safety or general structural reasons (as solely determined by the Association), then the Association shall promptly cause the replacement of such retaining walls. Section 14.03. Cost Allocation. The costs to remove, Maintain, repair and/or replace any retaining walls within the Retaining Wall Easements, regardless of whether such retaining walls are located within any of the Open Space areas or within any individual Lots areas shown on the Easements Plat, shall be borne by the Association and shall be funded and paid by either Community Assessments (regular or special) or Community Reserve Fund Assessments (regular or special). Section 14.04. Amendment. Notwithstanding Section 17.03 below, or any other provision herein, this Article may not be amended without the prior written consent of Albemarle County. ARTICLE XV - PRIVATE DRAINAGE EASEMENTS Section 15.01. New 10' Private Drainage Easements. The Declarant hereby grants the Association certain 10' private drainage easements within those certain areas labeled and designated as "New 10' Private Drainage Easement" and 'New 10' Private Drainage Easement - Calls to Center-" on the Easements Plat ("Private Drainage Easements"). The Private Drainage Easements shall remain undisturbed and shall be preserved in accordance with the terms set forth herein. The Association shall be responsible for the maintenance, removal and replacement of the private drainage improvements and pipes located within the Private Drainage Easements upon the terms set forth within this Article XIV. Section 15.02. Private Drainage Improvements Removal, Maintenance and Replacement Procedure. No person(s) or entit(ies) shall remove any private drainage improvements contained within the Private Drainage Easements, unless otherwise permitted herein. The Association may remove certain private drainage improvements and associated dirt within the Private Drainage Easements. If one or more private drainage improvements within the Private Drainage Easements need to be removed for safety or general structural reasons (as solely determined by the Association), then the Association shall promptly cause the replacement of such private drainage improvements. Section 15.03. Cost Allocation. The costs to remove, Maintain, repair and/or replace any private drainage improvements within the Private Drainage Easements, regardless of whether such improvements are located within any of the Open Space areas or within any individual Lots areas 30 202100017786.034 shown on the Easements Plat, shall be borne by the Association and shall be funded and paid by either Community Assessments (regular or special) or Community Reserve Fund Assessments (regular or special). Section 15.04. Amendment. Notwithstanding Section 17.03 below, or any other provision herein, this Article may not be amended without the prior written consent of Albemarle County. ARTICLE XVI - EXISTING CEMETERIES Contained with Open Space E and Open Space G are two pre-existing cemeteries, each designated and labeled on the Subdivision Plat as "Existing Cemetery" (defined herein as the "Existing Cemeteries"). To clarify and confirm, the Association shall be responsible for the Maintenance and upkeep of the Existing Cemeteries, and the Lot Owners may be separately assessed for such upkeep pursuant to Community Assessments (regular or special) and/or Community Reserve Fund Assessments (regular or special). To clarify and confirm, the family members and descendants of any deceased persons buried within either Existing Cemetery shall have the right to access such burial location, pursuant to and so long as consistent with Section 57- 27.1 of the Virginia Code, as the same may be amended from time to time. ARTICLE XVII — GENERAL PROVISIONS Section 17.01. Managing Agent. The Board may employ and pay a managing agent, who may be an affiliate of Declarant, to manage the affairs of Association ("Managing Agent"). The Managing Agent shall be employed and compensated for its services and costs pursuant to a written contract with a term not to exceed one (1) year, which contract shall provide for termination by either party without cause and without payment of termination fee on no more than ninety (90) days' written notice. Section 17.02. Severability. Invalidation of any one or more of the provisions of this Declaration by judgment, court order, or otherwise, shall in no way affect any other provision, which shall remain in full force and effect. Section 17.03. Amendments and Supplements. Until the last Lot is sold by the Declarant, this Declaration may be amended in whole or in part by recorded instrument bearing the signature of the Declarant. Thereafter, this Declaration may be amended or rescinded by an affirmative vote of Owners of record representing seventy five percent (75%) of all Lots then subject to this Declaration; provided, however, that any such amendment shall be subject to the approval or disapproval by the Declarant as set forth in Section 11.01 hereof. This Declaration may otherwise be amended to address corrective matters pursuant to the Code of Virginia Section 55.1-1830. Section 17.04. Gender: Singular/Plural. As used in this Declaration, the masculine gender shall include the feminine and neuter, and vice versa, and the singular shall include the plural, and vice versa, whenever appropriate. Section 17.05. Duration. The covenants and restrictions of this Declaration shall run with and bind the land commencing on the date that this instrument is first recorded and continuing for a term of thirty-five (35) years thereafter, and shall be automatically renewed for successive periods often (10) years each, unless modified, amended or rescinded as provided in Section 17.03. 31 202100017786.035 Section 17.06. Personal Property and Real Property for Common Use. The Association may acquire, hold, and dispose of tangible and intangible personal property and real property, subject to the requirements of this Declaration. The Board, acting on behalf of the Association, will accept any real or personal property, leasehold or other property interests within the Property conveyed to it by the Declarant. Section 17.07. Limitation of Liability. The Association and/or its Managing Agent shall not be liable for any failure of any services to be obtained by the Association or paid for out of the Assessments, or for injury or damage to persons or property caused by the elements or resulting from water which may leak or flow from any portion of the Common Area, or from any improvements, facilities, wires, pipes, drains, conduits or the like. Neither the Association, nor its Managing Agent, shall be liable to any Member for loss or damage, by theft or otherwise, of articles which may be stored on or about the Common Area. No diminution or abatement of Assessments, as herein elsewhere provided for, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Area, or from any action taken by the Association to comply with any of the provisions of this Declaration or with any law or ordinance or with the order or directive of any municipal or other governmental authority. Section 17.08. Enforcement. The Association, its Managing Agent, any Owner, or any Mortgagee of any Lot shall have the right to enforce, by any proceeding at law and/or in equity, all restrictions, conditions, covenants, reservations, easements, liens, charges or other obligations or terms now or hereafter imposed by the provisions of this Declaration or the Articles or Bylaws of the Association or any rule or regulation promulgated by the Association pursuant to its authority as provided herein or in the Articles or Bylaws or rules and regulations of the Association (together, the "Project Documents"). Failure by the Association or by any Owner or by any Mortgagee of any Lot to enforce any covenant or restrictions contained in the Project Documents shall in no event be deemed a waiver of the right to do so thereafter. There is hereby created and declared to be a conclusive presumption that any violation or breach or attempted violation or breach of any of the within covenants, conditions or restrictions or any provision of the Bylaws or the Articles cannot be adequately remedied by action at law or exclusively by recovery of damages. If the Association, any Owner, or any Mortgagee of any Lot, successfully brings an action to extinguish a violation or otherwise enforce the provisions of the Project Documents, the costs of such action, including legal fees, shall become a binding, personal obligation of the Owner committing or responsible for such violation, and such costs shall also be a lien upon the Lot of such Owner, provided that the requirements of applicable laws are complied with. Without limiting the generality of the foregoing, and in addition to any other remedies available, the Association, after reasonable written notice provided to the Owner, may enter any Lot to remedy any violation of the provisions of the Project Documents; provided, however, that the Association may not enter the interior of any dwelling except in an emergency. The costs of such action shall become a binding, personal obligation of the Owner otherwise responsible for such violation and shall also be a lien upon the Lot of such Owner. Section 17.09. Monetary Charges. In addition to the methods of enforcement provided for elsewhere herein, the Association shall have the right to levy monetary charges against an Owner 32 202100017786.036 or guests, lessees or invitees thereof at such Owner's Lot, in the manner set forth herein, and such monetary charges shall be collectible as any other Assessment such that the Association shall have a lien against the Lot of such Owner as provided in this Declaration, the Bylaws, the Articles or any other of the rules and regulations of the Association, and such monetary charge shall also become the binding personal obligation of such Owner. (a) The Board shall be charged with determining where there is probable cause that any of the provisions of this Declaration, the Bylaws, the Articles or the rules and regulations of the Association, regarding the use of a Lot or the Common Area or other Association property, are being or have been violated. In the event that the Board or the Architectural Review Board determines that such a violation exists, the Board shall provide written notice to the person alleged to be in violation, and the Owner of the Lot if such person is not the Owner, of the specific nature of the alleged violation. The notice shall also specify, and it is hereby provided, that each recurrence of the alleged violation or each day during which it continues shall be deemed a separate offense, subject to a separate monetary charge not to exceed Twenty -Five Dollars ($25.00) for each offense. (b) A monetary charge pursuant to this Section shall be assessed against the Lot which the violator occupied or was visiting at the time of the violation, whether or not the violator is an Owner of that Lot, and shall be collectible in the same manner as any other Assessment, including by the Association's lien rights as provided in this Declaration and the Bylaws. (c) Nothing herein shall be construed as a prohibition of or limitation on the right of the Association to pursue any other means of enforcement of the provisions of this Declaration, the Bylaws, the Articles or any of the other rules and regulations, including, but not limited to, legal action for damages or injunctive relief. Section 17.10. Additional Rights of Mortgagees. Anything contained herein or in the Articles or Bylaws of the Association to the contrary notwithstanding and so long as there remains outstanding any Institutional Mortgage on any Lot, the Declarant and the Association, for itself and each Owner, hereby agree that the properties shall be bound by the following covenants, conditions and restrictions: (a) Upon request and provided the Association is given a proper notice address, all Mortgagees who hold a First Mortgage on any Lot shall be entitled to timely written notice of: (i) any condemnation or casualty loss that affects either a material portion of any Common Area or the Lot securing its Mortgage; (ii) any sixty (60) day delinquency in the payment of Assessments or charges owed by the Owner of the Lot on which it holds the Mortgage; and (iii) any lapse, cancellation or material modification of any insurance policy maintained by the Association. Any failure to give any such notice shall not affect the validity or priority of any Mortgagee holding a First Mortgage on any Lot and the protection extended in this Declaration to the holder of any such mortgage shall not be altered, modified or diminished by reason of such failure. The Board may adopt standards, procedures and rules for providing such notice, including establishing reasonable fees. (b) Any First Mortgagee of any Lot may, jointly or singly, pay any taxes, utility 33 202100017786.037 charges or other charge levied against any Common Area which are in default and which may or have become a charge or lien against all or any portion of the Common Area and any such First Mortgagee may pay any overdue premiums on any fire and hazard insurance policy or secure new fire and hazard insurance coverage on the lapse of any policy, with respect to the Common Area. Any First Mortgagee who advances any such payment shall be due immediate reimbursement of the amount so advanced from the Association. (c) Any First Mortgagee who comes into possession of a Lot pursuant to the remedies provided in a Mortgage, foreclosure of a Mortgage, or deed (or assignment) in lieu of foreclosure, shall take the property free of any claims for unpaid Assessments or charges resulting from reallocation of such Assessments or charges to all Lots including the mortgaged Lot. (d) Upon reasonable request mortgagee of a First Mortgage shall have the right to examine the books and records of the Association. [Signatures on the following page] 34 202100017786.038 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized managers. DECLARANT: BERKMAR DEVELOPMENT LLC, a Virginia limited liability company By: s ndr aldwin, Manager ONWEALTH & VI GINIA, CITY COUNTY OF Y Of i�S �, to wit: n The foregoing instrument was acknowledged before me this"IVl�day of October, 2021, by Andrew G. Baldwin, in his capacity as Manager for BERKMAR DEVELOPMENT LLC, a Virginia limited liability company. My commission expires: 1 1130)2_3 Notary ubli Kathleen Anne Dugan J Commonwealth of Virginia C MONWEALTH F VIRGINIA, Notary Public Commission No. 7815410 Cl Y COUNTY OF I I( to wit: My Commission Expires 11130/2023 The foregoing instrument was acknowledged before me this _afIday of October, 2021, by Ed Bailey in his capacity as Manager for BERKMAR DEVELOPMENT LLC, a Virginia limited liability company. My commission expires: b6�3o1a3 Notary Publ' Kathleen Anne Dugan Commonwealth of Virginia Notary Public Commission No. 7815410 046,� 'My Commissior =xoires 1113012023 35 202100017786.039 ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDERS The undersigned hereby acknowledge and consent to the recordation of the foregoing Declaration of Covenants, Conditions and Restrictions for Berkmar Overlook (the "Declaration") and to the imposition of the covenants, conditions and restrictions set forth therein upon the Property and expressly acknowledge and agree that the lien, operation and effect of the deed(s) of trust recorded for the benefit of each of the undersigned is hereby made subordinate to this Declaration and any amendment. The undersigned have joined herein solely for the purposes set forth above and for no other or further purposes whatsoever. The undersigned expressly disclaim any liability or obligation whatsoever with regard to the preparation, drafting, substance or content of this Declaration. ESSEX BANK NOTARY `0w= PUBM PEG. n = By: ALTH�`SQ?r Its: �jV O� ` COMMONWEALTI-IjOF VI G IA CITYICOUNTY OF (>, to -wit: The fore ins ent was acknowledged before 2021, by A/�►�0 , �_--t1r , in his capacity Essex Bank, on behalf of Essex Bank me this 21 day of O, as of. My co scion expires: -1 VU I Zo 2S Notary Public [Additional Lien Holder Acknowledgement and Consent on the following page] 36 202100017786.040 NVR, INC., a Virginia corporation By: Its:C'4 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Cbes'Fec- L\d to -wit: The foregoing instrument was acknowledged before me this *a\ day of pctdce 2021, by bov%d %ro c)n , in his capacity asy P -lard of NVR, Inc., on behalf of NVR, Inc. My commission expires: Ci130I as Commonwealth Of Virginia Jessica Pentecost - Notary Public Commission No.7375613 My Commission Expires 9/3012022 37 IAA,{ Vcoi,6- ' tary Public 202100017786.041 EXHIBIT "A" Property Description — Plat Recorded Herewith [see attached] F Paacecs 84A, 85, 112F1 dc 112F2 RIVANWO.OD J F BELL ESTATE O Ao RIVERS END LAKE HILLS Q �.rWalmartSupercenter ���wOP� oS•c, RIVANNA CAR 4P WOODBURNWOODBROOK Ivy Creek RIDGE CROSSINGS Foundation 'CONDOS RIVANNA RIDGE SQUIRREL RIDGE GREENFIELDS W E S I RIDGE a WOODBROOK .� BERKMAR F ,w, BERKMAR VICINITY MAP FOUR SEASONS CENTER SCALE: 1"=2000' COUNTY APPROVAL O'ML 64k: f4olsl AGENT OR THE BOARD OF SUPERVISORS I dATE AREA CALCULATIONS ORIGINAL AREAS: TMP 45-84A 6.892 AC TMP 45-85 0.777 AC TMP 45-112F1 0.571 AC TMP 45-112F2 0.538 AC TOTAL 7 8 AC REVISED AREAS: LOTS (52 LOTS) 4.340 AC OPEN SPACES (7 LOTS) 2.365 AC RIGHT-OF-WAY 2.073 AC TOTAL 8.778 AC NOTES: STATEMENT OF TITLE 1. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT TAX MAP 45 PARCELS 84A, AND 85 WAS OBTAINED BY BERKMAR THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. DEVELOPMENT, LLC AS RECORDED IN DEED BOOK 5136 PAGE 1 2• FIELD WORK WAS COMPLETED ON 06-15-2018, TAW MAP 45 PARCELS 112F1 AND 112F2 WAS OBTAINED BY 3. SUBJECT PARCELS ARE LOCATED IN ZONE "Xn AS SHOWN ON FEMA MAP NO 51003CO280D BERKMAR DEVELOPMENT, LLC AS RECORDED IN DEED BOOK 5129 & 51003CO278D, EFFECTIVE DATE FEBRUARY 4, 2005. THIS DETERMINATION HAS BEEN PAGE 6AND TO THE BEST OF MY KNOWLEDGE MEETS ALL THE MADE BY GRAPHIC METHODS, NO ELEVATION STUDY HAS BEEN PERFORMED AS A PORTION REQUIREMENTS REGARDING THE PLATTING OF SUBDIVISIONS. OF THIS PROJECT. 4. ALBEMARLE COUNTY GIS SHOWS THE SUBJECT PARCELS BEING OUTSIDE OF FLOOD HAZARD OVERLAY (100 YEAR FLOODPLAIN). THIS DATA HAS AN EFFECTIVE DATE OF MAY, 16, 2016. STATEMENT OF CONSENT TO DIVISION 5. EACH PROPOSED LOT PARCEL CONTAINS A BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE COUNTY ZONING ORDINANCE. OPEN SPACE PARCELS DO NOT THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED INCLUDE A BUILDING SITE. LAND, KNOWN AS TAX MAP 45 PARCELS 84A, 85, 112F1 AND 6. NEW PROPERTY CORNERS SHALL BE MONUMENTED WITH IRON RODS UNLESS OTHERWISE 112F2, ACCORDING TO COUNTY RECORDS, IS WITH THE FREE NOTED. CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE 7. ZONING: R-6 RESIDENTIAL, CLUSTER DEVELOPMENT AND AIRPORT IMPACT AREA WITH NO UNDERSIG OWNERS, PROPRIETORS AND/OR TRUSTEES, IF PROFFERS. ANY. 8. SETBACKS: / FRONT - 5 FEET MINIMUM (18 FEET MINIMUM FROM R/W OR EDGE Of SIDEWALK TO GARAGE) AND 25 FEET MAXIMUM D LOPMENT, LLC SIDE -NONE MINIMUM, 10 FEET BUILDING SEPARATION 4'9MAR 16 �C6 IVY ROAD, REAR - 20 FEET MINIMUM CHARLOTTESVILLE, VA 22903 NOTE: COVERED PORCHES, BALCONIES, CHIMNEY, EAVES AND THE LIKE ARCHITECTURAL FEATURES MAY PROJECT NOT MORE THAN FOUR FEET INTO ANY REQUIRED YARD PROVIDED THAT NO SUCH FEATURE SHALL BE LOCATED CLOSER THAN SIX FEET FROM COMMONWEALTH OF RGINI�j ANY LOT LINE. COUNTY OF: I t? I' -ITV( lie, 9. SUBJECT PARCELS DO NOT LIE WITHIN AN AGRICULTURAL/FORESTAL DISTRICT. TO -WIT: THE FOREGOINGr_INSTRUMEN WAS ACKNOWLED6� 10. SUBJECT PARCELS ARE LOCATED IN THE SOUTH FORK RIVANNA (ABOVE RESERVOIR) BEFORE ME IS a-Y'r DAY OF 20 a�C WATERSHED. THESE PARCELS ARE WITHIN A WATER SUPPLY PROTECTION AREA. 11. SUBJECT PARCELS DO NOT LIE WITHIN THE DAM BREAK INUNDATION ZONE. 12. SUBJECT PARCELS DO NOT LIE WITHIN PRESERVED STEEP SLOPES. PARCELS 84A, 112F1 SIGNATURE OF N ARY PUBLIC AND 112F2 DO LIE WITHIN MANAGED STEEP SLOPES OVERLAY DISTRICT. PARCEL 85 DOES NOT LIE WITHIN MANAGED STEEP SLOPE OVERLAY. Anne Dugan 13. SUBJECT PARCELS DO NOT LIE WITHIN THE FLOOD HAZARD OVERLAY. Commonwealth of Virginia 14. SUBJECT PARCELS ARE SERVED BY PUBLIC WATER AND PUBLIC SANITARY SEWER. olKathleen Notary Public 15. THERE WERE TWO OBSERVED PLACES OF BURIAL DURING THIS SURVEY. APPROXIMATE -Commission No. 15410 My Commission Expiress 1113012023 LOCATIONS ARE SHOWN ON PLAT. PER VA CODE SECTION 57-27.1 PROPERTY OWNER MUST - — ALLOW INGRESS AND EGRESS TO THE CEMETERY OR GRAVES BY (1) FAMILY MEMBERS AND DESCENDANTS OF DECEASED PERSONS BURIED THERE; (II) ANY CEMETERY PLOT OWNER; AND (III) ANY PERSON ENGAGING IN GENEALOGY RESEARCH, WHO HAS GIVEN REASONABLE NOTICE TO THE OWNER OF RECORD OR TO THE OCCUPANT OF THE PROPERTY OR BOTH. 16. ALL PRIVATE EASEMENTS SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 17. OPEN SPACE IS HEREBY DEDICATED TO THE HOMEOWNERS ASSOCIATION. 18. ALL NEW PUBLIC STREET RIGHT-OF-WAY SHOWN HEREON ARE HEREBY DEDICATED TO THE COUNTY FOR PUBLIC USE. SHEET INDEX 19. PLAT PREPARED BY: TYLER R. JAMISON V1 COVER V2 EXISTING BOUNDARY AND EASEMENTS V3 OVERVIEW V4 SUBDIVISION LEGEND V5 SUBDIVISION V6 SUBDIVISION IF IRON PIN FOUND V7 EXISTING EASEMENTS PF PIPE FOUND MON MONUMENT SWM STORM WATER MANAGEMENT 5&(2/T nP P A U A N N NZ w C\iO Z>U) W -a 2 >d0 W � 9 JWW O Z J~~t� 0 O � 0� NJLL C*0 �0j It W a Z < S OV JUJ a2 ,Q �LW cis� r -6M N J Z N N (7a to 2 I_W— 1�J (U63 0 �, �U)4 WO BCD (0 oam UZo N e rn U o (� W °' Q W �Wa �v v Q�W UaZ 2 0 O W =Ua % J � Lki OF L � A. UBRIAN D JAMISOA No. 3334 10-04-2021 �-fSU; Z 0 ILL Y O N TO D g0 J 06J WLOcV2 Z qt T � o0 W 1rr pQ <,-Q LO co N� �0 W m wJ U() a W a O 04 O DATE: 04-16-2020 REV: 09-28-2020 REV: 10-04-2021 REV: REV: SCALE: N/A JOB: 8710 FILE: TMPROJ SHEET: I OF 7 O:\RGAITMPR0J\B710 - BERKMAR DRIVE\SUBDIVISION\DWGISUBDIVISION\8710 - BERKMAR OVERLOOK- SUBDIVISION Fall 2021.dwg r TMP 45-84+ TMP 45-84A2+ N/F ALBEMARLE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC DB 5108 PC 549 3921745.73 11490138.31 TMP 45-86A N/F ALBEMARLE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC DB 5108 PC 549 EXI CEM A 12' EXISTING sooD� o�T RO�� r� �g y S3 4 C �OLAn. 1S TMP 45-85 0.777 AC PROPERTY LINE TO BE VACATED w 201.08' N:3921663.45 ) E:11490624.06 \ TMP 45-86 NIP ALBEMARLE SOCIETY \ FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC DB 2096 PC III \ ti a TMP 45-84A 6.892 AC I00 �1 '12'25'W TMP45-112F N/F FOUNDATIONS, LLC CIO FOUNDATIONS CHILD DEVELOPMENT DB 2834 PC 1 ti 256.04' �¢ 2 C 5% 0�ti I, 0 50 0 50 100 150 SCALE: 1"=50' CURVE CALLS ON SHEET V3. vas•\ 3g26AS' ss, F rn- N: 3922255.42 E:11490667.82 TMP 45-82 N/F THIRD MESA, LLC s DB 5002 PC 606 00 TMP 45-82A N/F THIRD MESA, LLC DB 4341 PC 138 / N: 3922101.13 E:11491036.22 TMP 45-81 N/F THIRD MESA, LLC DB 4841 PC 138 rr tkAAKI 541'23'28"W 150.44' TMP 45-112F1 PROPERTY LINES IF 15.92' 59"E 0.571 AC r TO BE VACATED �_ � 15.92' VDOT N:3921905.43 S61*14'01"WJ MON E:11490979.34 53419 16 N 216.28 3.70' c^ TMP 45-112F2 0.538 AC .cam c1 BERKMAR DRIVE STATE ROUTE 1403 \ WIDTH RAW VARIABLE G 1 �- D13 p DB 2834 P to czolzt\ V o oq rn N N Q cm w Nz0 (� Z j y SLUM t >-1❑ UTcc �O 0 �� P�z cn OCW1 �V< a2 Q'2 T 0 rO0 ��. Rco" N FW (11 xo �ILU =0) 41 a uwv i V� Qbb cj)JU- QW OQ ' di Ozo dW eW rnWU� °' Q W cI; r '2v v Qinw Ucf)Z 2 °s O W CL"( ®aJ �Qt Nlml 0�+ p 74, 4/ t L, �Gl UBRIAN D JAMISONt No. 3334 10-04-2021 �� SU;V _Q Z_ C7 CIE Y LL TO Z O go J 06w o"W Z>d'TW T LON2 o TQ 10 � pir Q <Ld �CC)U 00 Q ME co W m wJ � a W N Q Ir cn ��Wyy A E- U z O W z E- DATE: 04-16-2020 REV: 09-28-2020 REV: 10-04-2021 REV: REV: SCALE: 1 "=50 JOB: 8710 FILE; TMPROJ SHEET: V2 OF 7 Q:\RGA\TMPROJ\8710 - BERKMAR DRIVE\SUBDIVISION\DWG\SUBDIVISIOM8710 - BERKMAR OVERLOOK - SUBDIVISION Fall 2021.dwg r - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - TMP 45-84+ 50 0 50 100 150 TMP 45-84A2+ N/F ALBEMARLE SCALE: 1"=50' SOCIETY FOR Spy THE PREVENTION OF CRUELTY TO 1 0 lop N� ANIMALS, INC e sTUI DB 5108 PC 549 eC OPEN SPACE F 4TAh'N RC h04 / o0 op 0.216 AC IJ 4C, RUTA OPEN AC D 0 iI I RIGHT-OF-WAY LOT 3 II 1 2.073 AC I \ \ 0� 0 G \ \ , ° \ 90AC - - - - - _ - - -- ° 0. I\ L0T12AC N� c�o vo �Q,� No o� \ BOUNDARY CURVE TABLE Curve Length Radius Delta Tangent Chard Chord Bearing C1 293.31' 5767.52' 254'50" 146.69' 293.28' S 35'16'04" W C2 36.58' 23.50' 89'11'38" 23.17' 33.00' N 10'52'49" W C3 94.92' 224.00' 2416'42" 48.18' 94.21' N 43'20'17" W C4 110.82' 176.00' 36'04'39" 57.32' 109.00' N 49'14'15" W C5 19.68' 13,00' 8645'29" 12.28' 17.86' S 69'20'41" W C6 6.27' 552.71' 039'00" 3.13' 6.27' S 2697'26" W C7(T) 60.97' 224.00' 15-35144" 30.68' 60.78' N 342448" E C8(T) 61.58' 276.00' 12'47'02" 30.92' 61.45' N 35'49'09" E C9(T) 65.65' 324,00' 11'36'34" 32.94' 65.54' N 351354" E C10 54.60' 311.00' 10'03'35" 27.37' 54.53' S 36'00'24" W C11 64.08' 365.00' 10'03'35" 32.12' 64.00' N 36'00'24" E C12 21.31' 13.00' 93'54'21" 13.92' 19.00' N 05'54'59" W C13 6.59' 476.00' 0'47'37" 3.30' 6.59' N 53-15-58" W C14(T) 55.72' 181.00' 17'38'20" 28.08' 55.50' S 62'28'57" E C75(T) 9.46' 175.00' Tr555" 4.73' 9.46' S 73'54'34" E I I O 085 AC ' �9� 9 \ \ EXISTING - o _ o NOO \ ' \ EXISTING I cam, ; \ CEMETERY I ti009g I I \ CEMETERY r 9n OPEN SPACE E _ - - _ _ _ _ o� 0.072 AC y0��h F , OPEN SPACE C 0.425 AC 0� ¢ ° \ m� �� �y� b �� I LOT 52 \ \ \ 0 \ . r 1 c, VARIABLE RE STREET °' `�' G \\ \ G STREET RAW Ie0.087 AC �� - - --_ PUBLIC ° \� \ yO�r�P \ - --------- e 1 e LOT 51 \ \ �/ - - - - -� _ -ypS�k P - �� - ° � \ -=ter 0.073 AC �- LOT 46 1 0� • � 11 1 I 0.094 AC \ \ 29� �\ i 1 ' LOT 50 i 1 1�� i _ _ - ' \ \ y 22 I'C ' N/F THIRD MESA, LLC TMP 45-86A 1 0.072 AC I 1 r \ 0� / I DB 5002 PG 606 N/F ALBEMARLE SOCIETY 1 � i 1 1 LOT 45 i ' ° OPENFOR THE PREVENTION OF '� LOT 49 I I I 11 0.074 AC 10.329 ACC C CRUELTY TO ANIMALS, INC DB 5108 PC 549 11 0.071 AC 1 1 . 1 LOT 44 I \ I LOT 48 I L I I 0i073 AC 1 '-------- --- 1 0.070 AC n -- ' LOT 43 I I 7 0.` ll� - LOT 4 I 088 AC I � OT 2��Ci �\ TMP 45-82A 0,090 AC G/ Li A NIP THIRD MESA, LLC �g9 \ e DB 4341 PC 138 ° \ SWEDE STREET \ 5 \ I I VARIABLE WIDTH PUBLIC R/W \ 0.0�3 AC ° `_-------- \ ------ '-------------- BOUNDARY CURVE TABLE Curve Length Radius Delta Tangent Chord Chord Bearing C16 30.52' 175.00' 9'59'29" 15.30' 30.48' S 80'27'16" E C17 8.32' 175.00' 2'026" 4.16' 8.32' S 86'48'43" E C18 25.32' 181.00' 8'00'52" 12.6V 25.30' N 86'48'30" E C19 15.77' 13.00' 69'30'44" 9.02' 14.82' N 48'02'42" E C20(T) 312.40' 60.00' 298-19-17" 35.82' 61.52' S 17'33'02" E C21 11.80' 13.00' 51'59'41" 6.34' 11.40' S 7423'14" E C22(T) 133.12' 229.00' 3318'26" 68.50' 131.26' N 8343'52" W C23 17.02' 13.02' 74'51'44" 9.97' 15.83' S 77'42'16" W C24(T) 42.37' 776.00' 3'07'43" 21.19' 42.37' S 37'56'16" W C25(T) 280.21' 224.00' 71'40'25" 161.77' 262.29' S 72'12'37" W C26 19.93' 13.00' 87'49'54" 12.52' 18.03' S 64'07'52" W C27 99.11' 1185.94' 447'18" 49.58' 99.08' S 17'49'16" W C28 98.05' 1233.94' 4'33'10" 49.05' 98.02' S 17'59'19" W C29 1.78' 552.71' 011-06" 0.89' 1.78' S 18'22'22" W C30 19.45' 13.00' 854429" 12.07' 17.69' S 24'24'20" E C31(T) 141.05' 224.00' 36'04'40" 72.95' 138.73' N 49'14'15" W C32(T) 74.58' 176.00' 2416'42" 37.86' 74.02' N 43'20'17" W C33 36.78' 23.56 89'40'58" 23.37' 33.14' N 79'40'53" E C34 55.92' 276.00' 11'36'34" 28.06' 55.83' S 3513'54" W C35 19.80' 13.00' 8716'24" 12.40' 17.94' S 84'40'20" W LOT - ---- . \ 0pg3 ° �N OO �y .� ,00 �y �y aw I LOT 27 {'ca a� I I 0.108 AC "XI o or of oo eoo �y my my� a P n y I I 9 lam+ O co 0 0 Co y p� O n w �a b yo �, yo �yo'o I n� �� nco m ,n 10. LOT 28 ° h I I 0.073 AC I - -- - --- -• I I LOT 29 ° 19 00 --- -- -/ W m I I 0.075 AC n BOUNDARY CURVE TABLE Curve Length Radius Delta Tangent Chord Chord Bearing C36 12.19' 524.00' 119'57" 6.09' 12.19' N 52'59'48" W C37 21.31' 13.00' 93501" 13.92' 19,00' N 06'42'47" W C38 55.97' 830.00' 3'51'49" 28.00' 55.96' N 3818'19" E C39 10.93' 170.00' 3'41'05" 5.47' 10.93' N 3892'57" E C40(T) 199.37' 176.00' 64*54'13" 111.92' 188.88' N 7339'11" E C41 22,71' 13.00' 100'05'39" 15.52' 19.93' S 23'50'53" E C42 8.11' 176.00' 238'22" 4.05' 8.11' S 2748'30" W C43 29.47' 170.00' 955'55" 14.77' 29.43' S 3714'42" W C44 37.24 330.00' 6'27'58" 18.64' 1 37.22' S 38'58'41" W C45(T) 32.15' 324.00' 5'41'08" 16.09' 1 32.14' S 3296'12" W OPEN SPACE B 0.399 AC -® TMP45-112F I 1 LOT 30 ° ®_�_�_ 0.095 AC OPEN SPACE A 0.608 AC TMP 45-81 N/F THIRD MESA, LLC DB 4841 PC 138 N/F FOUNDATIONS, LLC C/O FOUNDATIONS CHILD DEVELOPMENT \ DB 2834 PC 1 BERKMAR DRIVE STATE ROUTE W VARIADBL283 DP R/ Ck1� DB 5(P'--VCj P_ I to r7,0l Z� 1 U o ag rn � N N NZO U (� Z>(D W ¢-a 2 >>o U logo �w� logONOO 0aZ!CWO QW oaz �V¢ Q OOX L0 WU{ , (KZ 01mfc0\1 W y ZC1 wwa; ;,� Ny4 WO uwicox C� 0 W ZO � o g0 N 1�to ! 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Z j IC LOT 45 o rri I j y 5\N/ 21♦ U C to o 0 ).074 AC I 1 OPEN 0 329 ACC C o� \\ / / / 30 0 30 60 90 0 0 = z WW a- 91 VIS'W 113.98' =30' � cat=a 00 SCALE: 1", o Cz6 / O p W O'n w LOT 44 I o- 0.073 AC ♦ _ �� T c U '14'13"W 1111\ 0 �; 68' ♦ / /�`'� % _ _ _ 1 w V r /MAX FRONT BSL I 5.12' C44 S42-12'40'W 64.39' C43 C42 �5 / SS0'�/ Tti w? u'v N88'07'02"w ���� ♦� 46 c 9 / / 5 F�o��/ \ / �/.. oa CD _ N FRONT SS` 21� 9O 7.00' 3 03 E 5.22' ♦ /���i o LOT 24 �P�/ / a / TMP 45-82A / 4ic z � N 5 M T N F THIRD MESA, LLC ra OI— C34 / s6 0,099 AC' / " \���0 DB 4341 PG 138 M� a rnUo ♦ G6 CS S C 526oa32✓ 5 / r7 W rn Lu v C7(T) A= �' LOT 3 AC /� Q v c^ Q a`oz S42'12'40"W 57.25'(T) A= , 0.51' y \ 0 p7 `�- U z Cg(T) A= 3012 112A8 0 / cn � _ A= _31.54'- —-25.71' 28A4 r, i , 1"w cp. O W _ \ 5260a3 r ® Z a A- A- a -C9(1) A 3fi 34,10' A= 2.30' ♦ d'o. � i rn� \ LOT 26AC ` 0 093 _ A=—�28.29 A= _---_ _ z ' ♦ `� 33.25 2.98— _ z A OF D �� p o c r 1T N, m y S30 5} p0'' I cn 41 ICO) ? 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