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HomeMy WebLinkAboutWPO200600048 Agreements 2022-05-19 (2)Instrument Control Number 003114 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Doc ID: 0116649340007 Type: DEE Recorded: 03/19/2012 at 10:3259 AM Fee Amt: $37.00 Page 1 of jQ Albemarle County VA �r Debra M. Shipp Clerk File# 2012-00003174 Bk41A 7 A 01 127 T C Date of Instrument: [3/16/2012 ] P A O Instrument Type: [DEC ] X R E P Number of Parcels [ 1 ] X Number of Pages [ 6] B City ❑County❑x [Albemarle County (Box for Deed Stamp Only) ]First and Second Grantors kT Last Name First Name Middle Name or Initial Suffix [HAUSER TR ] [ROBERT ] [M ] [ ] ❑ ❑ [KRONER TR ] [ROBERT ] [J ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix _ F1 El Grantee Address (Name) [ROBERT M. HAUSER & ROBERT J. KRONER, TRUSTEES ] (Address 1) [BELVEDERE STATION LAND TRUST ] (Address 2) [418 East Water Street ] (City, State, Zip) [CHARLOTTESVILLE ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County© [Albemarle County ] Percent. in this Juris. [ 100] Book [3545 ] Page [1 ] Instr. No [ ] Parcel Identification No (PIN) [06100-00-00-15400 ] Tax Map Num. (If different than PIN) 106100-00-00-15400 ] Short Property Description [06100-00-00-15400 ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [SCOTT KRONER, PLC [PARKER, McELWAIN & JACOBS, PC [PARKER, McELWAIN & JACOBS, PC (2340 COMMONWEALTH DRIVE [CHARLOTTESVILLE ] [VA ] [22901 [ ] [ ][ 003114 TMP 06100-00-00-15400 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR BELVEDERE THIS SUPPLEMENTAL DECLARATION is made this 16"' day of March, 2012, by ROBERT M. HAUSER and ROBERT J. KRONER, TRUSTEES OF THE BELVEDERE STATION LAND TRUST, under Agreement dated July 8, 1999 (the "Declarant"). WITNESSETH: WHEREAS, Declarant owns that certain parcel of real property consisting of 5.91acres, more or less, identified as "TMP 61-154" (the "Property") on a plat entitled "Physical Survey Showing TMP 61-154 Belvedere Albemarle County, Virginia," made by Commonwealth Land Surveying, LLC, dated February 24, 2012 (the "Plat"), which is attached hereto and incorporated herein by this reference. WHEREAS, the Declarant heretofore executed the Belvedere Declaration of Covenants and Restrictions, dated January 25, 2008, recorded January 29, 2008, in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 3545, page I (the "Belvedere Declaration"); and WHEREAS, the Declarant wishes to subject the Property to the Belvedere Declaration, as hereby supplemented and amended. NOW, THEREFORE, pursuant to the authority reserved by the Declarant in Article 11, Section 2, of the Belvedere Declaration, the Declarant declares that the Property is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Belvedere Declaration and all subsequent amendments and modifications to the Belvedere Declaration. All capitalized terms not otherwise defined in this ']'his instrument was prepared by Scott I Kroner, PLC, 418 E. Water Street, Charlottesville, VA 22902. Supplemental Declaration shall have the meanings given such terms in the Belvedere Declaration. 1. Commercial Lot. The Property is hereby designated as a "Commercial Lot" as such term is defined in the Belvedere Declaration. 2. Type "C" Voting Member. The Owner of the Property shall be a Type "C" Voting Member as such term is defined in the Belvedere Declaration, and, subject to the provisions for voting by joint owners set forth in Article III, Section 3, of the Belvedere Declaration, shall be entitled to one (1) vote on behalf of the Property on Association matters. For purposes of casting the Type C vote on any matter brought before the Association Board, the Type C vote may be cast only when all Type C Members are in unanimous agreement as to how it is to be cast. Should there be a lack of unanimity, the Type C Voting Members shall abstain from voting. The Type C member seat on the Association's Board shall rotate annually between nominees of the owner of TMP 61-154 and other parcels that are designated as a Commercial Lot. 3. Maintenance Obligation. The Owner of the Property shall be solely responsible for landscape and trail maintenance for those portions of Tax Map 61-158 adjacent to the northern, eastern, and southern boundaries of the Property, including landscape and trail maintenance of the Pond (hereafter defined), it being the intent of the Declarant that the owner of the Property shall be responsible for, and shall have the maximum authority to, design and maintain the adjacent portions of the Common Areas for its aesthetic pleasure. The owner of the Property shall be solely responsible for the construction, maintenance, and repair of the 2 community trails and facilities shown on final site plan for the Property approved by Albemarle County. This maintenance obligation shall not extend to maintenance and repair of the structural components of the stormwater detention pond and its related structures located adjacent to and south of the Property, on TMP 61-158 as shown on the Plat (the "Pond"), except as specifically provided in the following paragraph. The owner of the Property shall be solely responsible for the costs (including but not limited to design and engineering fees, construction costs, application and inspection fees) associated with modification to the Pond to accommodate the runoff caused by improvements constructed on the Property, in accordance with sound engineering practices and as required by Albemarle County Department of Engineering. Once the Pond has been stabilized following completion of construction of the initial improvements on the Property, the structural components of the Pond (including but not limited to periodic silt removal) shall be jointly maintained and repaired by the owner of the Property and the Association, with the Association bearing responsibility for two-thirds (2/3) of the cost of such maintenance and repair and the owner of the Property bearing responsibility for the remaining one-third (1/3) of such costs; provided, however, that repairs or maintenance required as a result of faulty design or construction of the Pond improvements initially installed by the owner of the Property shall be undertaken at the sole cost and expense of the owner of the Property. Except in case of emergency or as mandated by Albemarle County or the Commonwealth of Virginia, any such maintenance and repairs to the structural components of the Pond shall be approved in advance by both parties. Without limiting the generality of the foregoing, TMP 06100-00-00-15500 and RI TMP 06100-00-00-15600 (both of which parcels are currently owned by the Trustees of the Covenant Church of God in Albemarle County and are hereafter referred to as the "Church Parcels") are entitled to the non-exclusive use of the Pond pursuant to the terms of an agreement dated September 17, 1998, recorded in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 3648, page 313 (the "Pond Agreement'). 4. Access Casement. The Owner of the Property and its employees, guests, and invitees shall be entitled to the same easement for enjoyment in the Common Areas and Open Space as the other Members of the Association, at no additional cost. The Members of the Association, and their respective family members, guests, tenants, and invitees, shall have an easement for enjoyment in, over, and across the trails, bridges, and other aesthetic amenities maintained on the Property. 5. No Assessments. No Assessments shall be assessed against the Property; notwithstanding the provisions of Article V, Sections 2(b) and 2(c), of the Belvedere Declaration, the Association shall have no obligation to provide cable internet service or other cable services (via the Basic Fiber Infrastructure) or garbage and trash collection services to the Property, all of which services shall be provided by the Owner of the Property at its sole expense. 6. Partyn,alls and Landscaping. The provisions of Article IX of the Declaration shall not apply to the Property. 4 7. Right of Entry. Notwithstanding the provisions of Article VII, the Association or its agents shall have the right, but not the obligation, to enter upon any Lot or improvements thereon only for emergency, security and safety reasons. 8. Insurance Certificate. The provisions of Article IX, Section 1, of the Declaration shall not apply to the Property. 9. Architectural Guidelines. Once the Declarant has approved of the plans Ibr construction of the initial improvements to be constructed on the Property, and provided that the improvements are constructed in accordance with such approved plans, the provisions of Article X of the Declaration will no longer apply to the Property. WITNESS the following duly authorized signature and seal. �,QEL.VEDE E STATIO LAND TRUST �`j \ �- - 'JMSl4� By: �\., I (SEAL) Robert M. Hauser, Sole Acting Trustee COMMON W EALTI i OF VIRGINIA CI'l'Y/C4)& f`FY OF le to -wit: The foregoing instrument was acknowledged before me this lb�ay of March, 2012, by Robert M. Hauser, Sole Acting Trustee of the Belvedere Station Land Trust, pursuant to the terms of Land Trust Agreement dated July�8, 1999, on behalf of the Land Trust. Notary Public KENNETH B. THAYER Certificate number: Not n 1111" udon No. 321432 My commission expires: S 31 molt/ NOTARY PUBLIC COMMONWEALTH OF VIRGINIA My Co nmlalon Expires: May 31, 2014 5 �e_e,-) hook 41y-i P5 ,la ON FEBRUARY 21. 2012 I SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THE TITLE LINES AND WALLS OF THE BUILDINGS ARE SHOWN HEREON. / PROPERTY IS NOT IN A H.U.D. DEFINED 100 YEAR LF.i FLOOD ZONE BUT IS LOCATED IN FLOOD ZONE 'X" AS SHOWN ON COMMUNITY PANEL No. 51003CO2790. D.B. 3543 PG. 235 I.F. = IRON FOUND / j I.S. = IRON SET FIBER OPTIC FH = FIRE HYDRANT 20' WATERLINE } / EASEMENT D.B. 3543 PG. 225 �� x I 1 15' � /_VEPCO EASEMENT x A = 41'16'56' �/ / D.B. 3644 PG. 683 �I �\ R = 967.50' T = 364.45' L = 697.10" /i/ / �1 FH � 0 1 / 20' SANITARY +- / SEWER EASEMENT i / D.B. 3532 PG. 603' i / TMP 61-154 q / FIBER OPTIC 5.91 acres I ' ki 20' ACCESS \ �\- EASEMENT 1 ! ! \ \ D.B. 3532 PG. 615iE j m = ! ! \ \ 1 I FIBER OPTIC i II i it I I J I i � GRAVEL ROAD 20' WATERLINE -�K- \ 1 EASEMENT -- ------------------------- Iz D.B. 3543 PG. 225 0 \ \ I S 0 1 S 20' STORM DRAINAGE EASEMENT, D.B. 3543 PG. 234 aJ®17317.PLJ mit LAND R� SU YL° l NG, UL. 319 WEST RIO ROAD CHARLOTTESVILLE VIRGINIA 22901 PH: 434-973-0513 FIBER OPTIC \ \ SWM FAGLI1y ' \ 4 _ _ D.B. 3532 EA603 SEMENT / 5 42'S0'OS' W-------___ (/( STORM WATER POND �tk LT H �OF �000 TMP 61-158P L19�� oho L4 6) H sU C. STEVE GARRETT n e Lic. No. 2025 0 Z zc// Z Q `e ---- 0N� SURNJI I� e 400.46' I.F. 1I TMP 61-158 N (A Ie 42'50'08' W I.F. 97.84' o �p o IW 0? TMP 61-154-E� 106.47' I.F. PHYSICAL SURVEY SHOWING TMP 61-154 BELVEDERE ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 60 FEBRUARY 24, 2012 RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON March 19,2012 AT 10:32:69 AM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE§56.1-802 STATE: SO.00 LOCAL: $0.00 ALSEMAR COUNTY, VA DEBRA M. HIP LERK