HomeMy WebLinkAboutLZC202200017 Other 2022-02-28Instrument Control Number
008318 ,
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
I��I��I III�I� III I�III ��III ��III DOC IUI� II��I IIIII II�II II�II ��III I�I�I II�II III I��I
Recorded: 05%30%2004 tatT09824D56 AM
Fee Amt: $49.00 Page 1 of 10
Shelby Marshall, Clerk Circuit ct
Shelby Marsh 11
Flleq 2004-00008318rk Circuit Court
T
A
C
O
Date of Instrument:
Type:
[03/31/2004 ]
BK2747P033-42
Instrument
[DECX ]
X
R
E
P
Number of Parcels
[ 11
X
Number of Pages
[ 61
-
E
M
Clty ❑ County x❑
(Box for Deed Stamp Only)
[Albemarle County ]
P
First and Second Grantors
T
Last Name
First Name Middle Name or Initial Suffix
x
[Edward LLC
] [
] [ 11 1
❑ ❑
[
][
I I ]
First and Second Grantees
Last Name
First Name Middle Name or Initial Suffix
❑ x❑
[Edward LLC
] [
] [ 1 [ 1
Grantee Address
(Name)
[Edward LLC ]
(Address 1)
[1020 Locust Avenue ]
(Address 2)
[ ]
(City, State, Zip)
[Charlottesville ] [VA ] [22902 ]
Consideration [0.00
] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN)
[ ]
Tax Map Num. (if different than PIN)
[07700-00-00-040C2 ]
Short Property Description
[Broadway Court ]
1
Current Property Address (Address 1)
[
[Broadway and Franklin Streets ]
(Address 2)
[ ]
(City, State, Zip)
[Charlottesville ] [VA ] [22902 ]
Instrument Prepared by
[Michie Hamlett Lowry Rasmussen ]
Recording Paid for by
[Michie Hamlett Lowry Rasmussen & Tweet PLLC ]
Return Recording to (Name)
[John V Little Esq ]
(Address 1)
[Michie Hamlett Lowry Rasmussen & Tweet PLLC ]
(Address 2)
[P O Box 298 ]
(City, State, Zip)
[Charlottesville ] [VA ] [22902 ]
Customer Case ID
[ ] [ ] [ 1
i
Cover Sheet Page # 1 of 1
008318
Tax Map No. 07700-00-00-040C2
Prepared by Michie Hamlett Lawry Rasmussen & Tweel PLLC
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR BROADWAY COURT
THIS DECLARATION is made as of March 31, 2004, by EDWARD LLC, a Virginia
limited liability company (the 'Declarant").
Recitals
A. Declarant is the owner of certain real estate containing 2.1445 acres, more or less,
located in Albemarle County, Virginia as more particularly described on a plat of survey made
by B. Aubrey Huffman & Associates, Ltd., dated March 11, 2004, entitled "Plat Showing Lots A
Thru D, Broadway Court, Albemarle County, Virginia" (the 'Plat"), which Plat is attached to and
recorded with this Declaration.
B. The Declarant desires to subject such real estate (the 'Property") to certain conditions
and easements for the benefit of the Owners thereof as set forth below.
NOW, THEREFORE, Declarant hereby declares that the Property is and shall be
held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements,
charges and liens hereinafter set forth, as the same may be amended or supplemented ftom time
to time, which are for the purpose of protecting the value and desirability of and which shall run
with the real property submitted to this Declaration and which shall be binding on all parties
having any right title or interest in the described properties or any part thereof, their heirs,
successors, successor -in -title and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE ONE
DEFINITIONS
Section 1.1 Definitions. As used in this Declaration, the following terms shall have
the following meanings:
"Owner" means the record owner, whether one or more persons or entities, of the fee
simple title to the Parcel, or any portion thereof, but shall not mean any person or entity holding
title to any Parcel or a portion thereof merely as security for the payment of an obligation.
"Parcel" means each of the lettered lots shown on the recorded subdivision Plat or any
other lot hereafter shown on any other recorded subdivision plat of the Property.
Section 1.2 Interpretation. For the purpose of construing this Declaration, unless the
context indicates otherwise, words in the singular number shall be deemed to include words in
the plural number and vice versa, and words in one gender shall be deemed to include words in
all other genders. The titles to articles and section headings are for convenience only and neither
limit nor amplify the provisions of this Declaration.
ARTICLE TWO
PRIVATE ACCESS ROAD
Section 2.1 Access Easement. Declarant hereby creates, for the benefit of the Owners of
the Parcels, and their respective customers, invitees, licensees, employees, servants, contractors
and tenants (collectively, the "Permitees"), a perpetual, nonexclusive access easement (the
"Access Easement") over and across the Property at the locations shown on the Plat for purposes
of ingress to and egress from their respective Parcels and Broadway Street. Declarant will
construct an all-weather, hard surfaced entrance access road in accordance with Virginia
Department of Transportation standards, to be located within the Access Easement. The Access
Easement shall be for the passage of vehicles over and across such entrance road, and for the
passage and accommodation of pedestrians over and across the access road and any sidewalk
areas of the Access Easement, as the same may be from time to time be constructed and
maintained for such use.
Section 2.2 Maintenance. The Owners shall maintain the Access Easement, including
the road, curb, gutter, drainage facilities, utilities and other improvements, in perpetuity to assure
that such improvements remain in substantially the same condition as such improvements were
in when approved by Albemarle County, and shall remove snow, water or debris, so as to keep
the road reasonably open for use. Maintenance shall be provided as determined by a majority of
the Owners. Regular maintenance, upkeep or replacement of the road over the Access Easement
shall be funded by equal contributions from each of the Owners of the Parcels, whether
Declarant or a subsequent Owner. When more than one person or entity holds an interest in any
portion of the Property, such persons or entities shall together be one Owner for the purposes of
computing such equal share. If there is any further division of any existing Parcel, regular
maintenance, upkeep or replacement of the road over the Access Easement shall be funded by
equal contributions from each of the Owners of the Parcels, whether existing Parcels or those
Parcels that are hereafter subdivided. Notwithstanding the foregoing, each Owner shall be solely
and exclusively responsible for and shall fully bear the costs of maintenance within the Access
Easement caused by the willful acts or negligence of such Owner, its contractors, agents or
invitees, or otherwise caused by any construction activities on any portion of the Property owned
by such Owner, and each Owner shall restore the portion of the Access Easement damaged by
such willful acts, negligence or construction activities to at least its prior condition upon the
occurrence of such damage or the completion of such construction. The Access Easement which
is the subject of this Agreement is a private road and will not be maintained by Albemarle
County or by the Virginia Department of Highways and Transportation, or any public agency.
Section 2.3 Joint Owners. When more than one person or entity holds an interest in any
Parcel, such persons or entities shall together be deemed one Owner and have one vote to be
determined as they between or among themselves shall determine.
2
Section 2.4 Liability of Maintenance Generally; Liens. (a) If any Owner does not pay
the appropriate costs of maintenance or repair as provided for herein within thirty (30) days after
an itemized bill for such charges is submitted, the other Owners may claim a lien by filing notice
of such lien in the Clerk's Office of the Circuit Court of Albemarle County. The amount due
shall bear interest at the maximum rate provided by law from the 30th day after the bill is
submitted, and together with costs of collection (including reasonable attorneys fees) shall be a
charge on the land and shall be a continuing lien upon any portion of the Property owned by such
Owner, and such lien shall be subordinate to the liens of the holders of the first and second
mortgages or deeds of trust on such portion of the Property and to liens made superior by
operation of law. Enforcement of such lien shall be by the same procedures required for a
foreclosure sale under a mortgage. Such obligation, together with interest thereon and costs of
collection thereof (including reasonable attorneys' fees), shall also be the personal obligation of
the person who was the Owner of the portion of the Property at the time when the obligation fell
due.
ARTICLE THREE
UTILITY EASEMENTS
Section 3.1 Utility Easements. The Declarant reserves unto itself, its successors, assigns
and Permittees a perpetual, nonexclusive utility easement (the "Utility Easement") on, over and
under the Property as shown on the Plat to construct, maintain, repair, replace and use electric
and telephone underground wires, cables, conduits, water mains, pumping stations, and other
suitable equipment and facilities for gas, water, sewer, sanitary sewer, storm water, drainage,
telephone, electricity and other public convenience and utilities within the Utility Easement.
These easements and rights expressly include the right to cut any trees, bushes or shrubbery,
make any gradings on the soil, or take any other similar action necessary to provide the
economical and safe construction and utility installation and maintain reasonable standards of
health, safety and appearance and such other rights as Declarant or the governmental authority or
utility company providing the utilities may reasonably require. Declarant shall have the right to
convey the Utility Easement to other Owners, to governmental authorities or utility companies
and to any other party or parties. The Owner of any Parcel affected by any of such easements
will have the right, at any time and from time to time, to relocate any utility facilities then
located on the Parcel on the conditions that: (i) such right of relocation will be exercisable only
after 30 days' prior written notice of the intention to relocate has been given to all Owners using
the utility facilities to be relocated, (ii) such relocation will not unreasonably interrupt the utility
service to the improvements then located on the other Parcels, (iii) such relocation will not
reduce or unreasonably impair the usefulness or function of the utility facilities to be relocated,
and (iv) all costs of such relocation will be borne by the Owner relocating the utility facilities.
Section 3.2 Maintenance of Pumping Stations or Grinder Pumps. The Owners of those
Parcels served by a particular pumping station or grinder pump shall be responsible for
maintaining such pumping station or grinder pump in substantially the same condition as they
were in when approved by Albemarle County, and shall share equally all costs of maintenance,
repair and replacement of such pumping station or grinder pump providing sewer service to such
Parcels.
3
ARTICLE FOUR
GENERAL PROVISIONS
Section 4.1 Enforcement. Declarant or any Owner shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, easements, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Declarant or the Owners to enforce any provision of this Declaration shall in no event be deemed
a waiver of the right to do so thereafter. If Declarant or any Owner institutes any action or
proceeding against another Owner relating to the provisions of this Declaration or any default
hereunder, the unsuccessful Owner in such action or proceeding will reimburse the successful
Owner therein for the reasonable expenses and attorneys' fees incurred by the successful Owner.
Section 4.2 Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall remain in full
force and effect.
Section 4.3 Covenants Running with the Property. The covenants and restrictions of this
Declaration shall run with and bind the Property and the Owners.
Section 4.4 Amendments. This Declaration may be modified or amended in whole or in
part by recorded instrument executed by the Declarant until such time as the Declarant has
conveyed all of the Property; provided that any amendment does not materially and adversely
affect the interest of any Owner, and provided further, that any such amendment is sent to every
Owner at least thirty (30) days prior to the recordation thereof. Except as otherwise provided
herein, after the Declarant has conveyed all of the Property, this Declaration may be amended or
modified by the recordation of an instrument signed by all of the Owners of the Property.
Section 4.5 Notices. Any notice required to be sent to any Owner under the provisions
of this Declaration shall be deemed to have been properly sent when mailed postage prepared to
the last known address of the Owner as appears on the real estate tax records of the County of
Albemarle, Virginia.
Section 4.6 Assignment of Declarant's Rights. Any and all rights, powers, easements
and reservations of Declarant set forth herein may be assigned in whole or in part, at any time or
from time to time, to another Owner or to any other party in Declarant's sole discretion. Each
such assignment shall be evidenced by an instrument which shall be recorded in the Clerk's
Office.
Section 4.7 Successors and Assigns. The provisions hereof shall be binding upon and
shall inure to the benefit of Declarant, the Owners and their respective heirs, legal
representatives, successors and assigns.
Section 4.8 No Partnership. Nothing contained in this Declaration shall be deemed or
construed to create any relationship of principal and agent, or a partnership, or a joint venture or
any association, between or among any of the Owners.
Section 4.9 Consent of Noteholder and Trustee. Virginia National Bank (the
"Noteholder") is (i) the beneficiary under that certain Deed of Trust (the "Deed of Trust") made
by Edward LLC to J. D. Miller, Jr. and Arthur H. Bryant, Trustees (the "Trustees") (either of
whom may act), dated October 2, 2003, and recorded in the Office of the Clerk of the Circuit
Court of Albemarle County, Virginia, in Deed Book 2606, page 16; and (ii) is also secured by an
Assignment of Rents (the "Assignment") dated October 2, 2003 between Edward LLC and the
Noteholder and recorded in the Clerk's Office in Deed Book 2606, page 25. The Noteholder
joins in the execution of this Supplemental Declaration to consent to the recordation of this
Declaration and to the subordination of the lien of the Deed of Trust and Assignment to the
provisions of this Declaration, and the Noteholder hereby executes and directs the Trustees to
execute this Declaration to effect such subordination.
Witness the following duly authorized signatures:
EDWARD LLC
VIRGINIA NATIONAL BANK
By: ��w %..,�,�►�
Title:
Arthur H. Bryant, as Sole Acting Trustee
COMMONWEALTH OF VIRGINIA
CITY/04'Y OF i FfA+Y+-�iT> S rrL�r
The foregoing instrument was acknowledged before me this � day of
, 2004, by Neal H. Gropen, Member of Edward LLC, limited liability com any.
My commission expires 3/ ° 61
L� 2
Noary Public
COMMONWEALTH OV��IR-�GINIA
CITY/COUNTY OF =7
The for,�going instru at was acknowledged before me this day of _yk I 0 �, 2004,
by�� �a1 r • of Virginia National Bank, on behalf of the
bank.
* CWh310n Eg9W Apd130. 200 A
My commission expires
':: �Netar ublic
COMMONWEALTH O VIRGINIA
CITY/COUNTY OF�(
The foregoing instrument was acknowledged before me this —4 day of ,,226
2004 by Arthur H. Bryant, as Sole Acting Trustee.
W WftssionE*mA0130,2008
My commission expires
otar P rblic
COUNTY OF ALBEMARLE
,,77 ��PLA��NNING COMMISSION
Fe=L lCA11 S . l Yle'y
C IRMAN �� �, �
DATE: ' V7
COUNTY OF ALBEMARLE
STATE OF VIRGINIA.
TO WIT:
THE FOREGOING INSTRUMENT WAS
ACKNO EDGED BEFOf ME 2
DAY OF '(")g ME T 2004.
BY O
n) Ear .�F, /VopCoU tg(Z AS
OWNERS, PROPRIETOR AND/OR
TRUBjE,FwS,
NOTARY PUBLIC/
MY COMMISSION EXPIRES
COUNTY OF ALBEMARLE
STATE OF VIRGINIA.
TO WIT:
THE FOREGOING INSTRUMENT WAS
ACKNOIILEDGEO BEFORE ME THIS
BY
Lm4 OF , "(4&1 _2004-
K uc;p M fl�A�rvc, a�ya�y
OWNERS, PROPRIETORS AN
TRUSTEES. _r n „ _
NOTAR"UBLIC V
MY COMMISSION EXPIRE9 �11011*
COUNTY OF ALBEMARLE
B4OAPO OF SIIP VISORS
DESIGN#TED AGENT
DATE MID' 64
CERTIFICATION
TIS I /'A CORRECT AND
YACCURATE Pt Vl
AWTHUR F. EDWARETS
LAND SURVEYOR
OWNERS APPROVAL:
THE DIVISION OF THE LAM OESCRIBEO HEREIN IS WITH THE
FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE
UKOERSIGIm OWNERS, PROPRIETORS AND/OR TRUSTEES. ANY
REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS DEEMED AS
THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT
ARE TRUE TO THE BEST OF MY KNOWLEDGE.
NOTE: THE LAND USE REGULATIONS LISTED HEREIN ARE IMPOSED
PERSUANT TO THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT
ON THIS DATE AND ARE SHOWN FOR INFORMATION PURPOSES ONLY.
THEY ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND
AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO
IMPOSE THEN AS SUCH.
NOTE: THE STREETS IN THIS SUBDIVISION MAY NOT MEET STATE STANOAR09 AND
WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR
THE COUNTY OF ALBEMARLE.
THE PRIVATE ROAD ON THIS PLAT WILL PROVIDE REASONABLE ACCESS BY MOTOR
VEHICLE AS REGUIREO BY SECTION 14-514 OF THE ALBEMARLE COl1NTY CODE.
NOTE: UTILITY EASEMENT TO BE USED FOR STORM DRAINAGE SYSTEMS, SANITARY
SEWER LINES, AND WATERLINES AND MAY BE DEDICATED TO PUBLIC USE AS NEEDED.
TAX MAP 77 PARCEL 40-C2 STANDING IN THE NAME OF EDWARD. LLC
IRON PINS TO BE SET AT ALL NEW CORNERS BY NOVEMBER 1, 2004
ZONING: LI
" F. m
1420-8
4-,W. c
.o-se-ew
D.B. 2465 Pg. 15
VICINITY MAP
Copyright ACC The Mep People
Per.ftt.d Ve. Nu.per 20401105
PLAT SHOWING
LOTS A THRU D
BROADWAY COURT
SCALE: 1" a 60ALBEMARLE COUNTY, VIRGINIA MARCH 11, 2004
B. AUBREY HUFFMAN 8\ ASSOCIATES. LTD.
CIVIL ENGINEERING — LAND SURVEYING — LAND PLANNING
CHARLOTTESVILLE, VIRGINIA
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SCALE: I' - 60' ALBEMARLE COUNTY, VIRGINIA MARCH 11, 2004
B. AUBREY HUFFMAN & ASSOCIATES. LTD.
CIVIL ENGINEERING — LAND SURVEYING — LAND PLANNING
CHARLOTTESVILLE. VIRGINIA
M 2S1 U. ten•
SHEET 2
OF 2
RECORDEAD I MLEREKS OFFICE OF
ARLMay 10,2004 AT 9:24:58 AM
$0.00 GRANTOR TAX PO
AS REQUIRED BY VA CODE 118.1.802
STATE: $0.00 LOCAL: $0.00
SHELBY MARSHALL, CLERK CIRCUIT CT
DC