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Home My WebLink AboutSDP202000042 Letter of Revision 1 2022-02-22From: Bill Fritz Sent: Tuesday, February 22, 2022 2:21 PM To: Justin Ritter <jr@ritterlawpllc.com> Cc:'Ed Bailey'<ebailey@fau lconerconstruction.com>; 'Andrew baldwin' <andrew@corecville.com> Subject: RE: Berkmar Overlook - proposed 1st amendment to CCRs Subject to the information submitted in your email constituting an amendment to the site plan, the revised agreement can be approved. I will update our records to show that the plan has been amended and the easement modified. William D. Fritz, AICP Development Process Manager Albemarle County bfritz(@al bemarl e.org 434-296-5823 ext 3242 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Justin Ritter <lr@ritterlawpllc.com> Sent: Thursday, February 17, 2022 5:30 PM To: Bill Fritz <BFRITZ@albemarle.org> Cc: 'Ed Bailey' <ebailev@faulconerconstruction.com>;'Andrew baldwin' <andrew@corecville.com> Subject: Berkmar Overlook - proposed 1st amendment to CCRs CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Mr. Fritz: Our firm represents the developer Berkmar Development LLC for the upcoming community Berkmar Overlook. You helped us finish out the County review process to the original CCRs together with related development instruments, of which we all appreciated. At this time, we've learned that there will be less retaining walls constructed than as originally contemplated in the CCRs. That said, we have prepared a 1' amendment to the Berkmar Overlook CCRs (first attachment), based upon the actual retaining walls to be constructed on the site (second attachment). Per Section 14.04 of the subject CCRs, Declarant is to receive County consent before amending any items contained within Article XIV of the CCRs. Our sole change to the CCRs is contained within said Article XIV, specifically to redefine the retaining wall easement locations to make them consistent with the second attachment. Could you please review the attached and if agreed, reply all that you consent to our recordation of the 1' attachment as -is? Thank you and most appreciated. Justin A. Ritter, Esquire Ritter Law PLLC 600 E. Water Street, Suite F Charlottesville, Virginia22902 Direct Line:(434) 218-1172 irQ.ritterlawullc.com in, 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 Parent Tax Map Parcels: 04500-00-00-084A0, 04500-00-00-08500, 04500-00- 00-112F1 & 04500-00-00-112F2 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BERKMAR OVERLOOK THIS FIRST AMENDMENT ("First Amendment") is made this 17th day of February, 2022, by BERKMAR DEVELOPMENT LLC, a Virginia limited liability company ("Declarant"), and sets forth as follows: WITNESSETH: WHEREAS, Declarant is the sole party to that certain Declaration of Covenants, Conditions and Restriction for Berkmar Overlook ("Declaration"), recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 5628, pages 472-520; WHEREAS, pursuant to Section 17.03 of the Declaration, Declarant may unilaterally amend the Declaration in whole or in part; and WHEREAS, Declarant now desires to amend the Declaration so as to remove certain retaining wall easements as well as correct one (1) scrivener's error. NOW, THEREFORE, Declarant hereby amends the Declaration as follows: Section 14.01 of the Declaration currently. reads in its entirety as follows: . 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 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. 2. Section 14.01 of the Declaration is hereby amended and restated in its entirety with the following: 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 5' Wall and Maintenance Easement" together with solely that portion within Lot 31 labeled as "New Variable Width Wall and Maintenance Easement" on the Easements Plat ("Retaining Wall Easements"). All other retaining wall easement locations depicted on the Easements Plat hereby have no further purpose or relevance to the Declarant, the Association or this Declaration. 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. 3. By signing below, Declarant hereby represents that the amendment and restatement to Section 14.01 of the Declaration, as expressly set forth in Section 2 above, has been made in compliance with Section 14.04 of the Declaration, specifically that Albemarle County has provided its written consent to the terms contained within Section 2 above. 4. Section 2.01 of the Declaration is hereby -amended to replace the Easements Plat Deed Book and page location from "Deed Book 5637, pages 637-652" to "Deed Book 5612, pages 637-652". 5. Except to the extent modified by this First Amendment, the Declaration shall remain in full force and effect. [Signatures on the following page] 2 IN WITNESS WHEREOF, the Declarant has caused this First Amendment to be executed on its behalf by its duly authorized managers. DECLARANT: BERKMAR DEVELOPMENT LLC, a Virginia limited liability company By: Ed Bailey(anage " * Andrew G. Baldwin delegated his managerial authority to Ed Bailey thereby allowing Mr. Bailey to be the sole signatory to this instrument, with said delegation being made in compliance with Section 6.3 of the Declarant's operating agreement. COMMONWEALTH OF VIRGINIA, CITY / COUNTY OF k 4 0"AR)-& to wit: The foregoing instrument was acknowledged before, me this 11 7 4 day of February, 2022, by Ed Bailey in his capacity as Manager for BERKMAR�DEVELOPMENT LLC, a Virginia limited liability company. 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