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Commonwealth of Virginia
Land Record Instruments
Cover Sheet-Form A INIIIIINNiIi11J[11INIIININInNNWnVinNI111i1Na
Doc ID: 001188290003 Type: DEE
[ILS VLR Cover Sheet Agent 1.0.92] Recorded: 11/28/2005 at 11:20:22 AM
Fee Amt: $899.67 Page 1 of 3
_ Albemarle County, VA
-1--T C Date of Instrument: [11/28/2005 ] Shelby Marshall Clerk Circuit Court
File# 2005-00021731
A 0 R instrument Type: [DBS ] BK3110 P0730-732
P
E Number of Parcels [ 1]
x Number of Pages [ 2]
E (Box for Heed Stamp Only)
M City❑County x❑ [Albemarle County ]
p First and Second Grantors
T _ Last Name First Name Middle Name or Initial Suffix
[Bend Properties LLC ][ ][ ][ ]
❑ [ 1[ ][ ][ ]
First and Second Grantees
Last Name First Name Middle Name or Initial Suffix
❑❑ [LAWJAN LLC ][ I[ ][ ]
❑El [ 11 1[ 1[ 1
Grantee Address (Name) [LAWJAN LLC ]
(Address 1) [5568 St George Avenue ]
(Address 2) [ ]
(City,State,Zip) [Crozet ] [VA] [22932 ]
Consideration[200,000.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 ]
Prior Instr.Recorded at:City ❑ County® [Albemarle County ] Percent.in this Juris. [ 100]
Book [ ] Page [ ] Instr.No [ ]
Parcel Identification No(PIN) (05700 00 00 067A1 ]
Tax Map Num. (if different than PIN) [05700 00 00 067A1 ]
Short Property Description [6.28 acres Lot 2 ]
[Longacre Farm ]
Current Property Address(Address 1) [Longacre Fram Lane ]
(Address 2) [ ]
(City,State,Zip) [Charlottesville ][VA ][22903 ]
Instrument Prepared By [Nicholas E Munger PC ]
Recording Paid for By [Nicholas E Munger PC ]
Return Recording To (Name) [Nicholas E Munger PC ]
(Address 1) [P0 Box 187 1
(Address 2) [ ]
(City,State,Zip) [Crozet ][VA][22932 ]
Customer Case ID [ ] [ ][ ]
111111111
Cover Sheet Page#1 of 1
Book: 3110 Page: 730 FileNumber: 2005-00021731 Seq: 1
Page 2 of 3
:.0 2 0 31
TMP#05700.00-00-067A1
PREPARED BY: Nicholas E.Munger,Attorney at Law,P.O.Box 187,Crozet,VA 22932-0187
THIS DEED, made this 28th day of November, 2005, by and between
BEND PROPERTIES, LLC, a Virginia limited liability company, herein called
Grantor, and LAWJAN, LLC, a Virginia limited liability company, herein called
Grantee,whose mailing address is 5568 St. George Avenue, Crozet,VA 22932,
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of Two Hundred
Thousand and No/100 Dollars ($200,000.00) cash in hand paid, the receipt of
which is acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and
CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE
unto the Grantee the following-described real property,to-wit:
All that certain lot or parcel of land,together with the improvements
thereon and appurtenances thereto belonging, situated in the White Hall
Magisterial District of Albemarle County, Virginia, containing 6.28 acres,
shown as Lot 2 of Longacre Fram Subdivision on a plat by Roger W. Ray
& Assoc., Inc., dated August 25, 2004, revised December 2, 2004, and
recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book 2892, pages 570-573; BEING a portion of the
property conveyed to Bend Properties, LLC, the Grantor herein, by deed
from Lowry W. Abell and Rebecca Abell Yancey, Executors of the Estate
of Hazel M. Abell, dec., dated December 15, 2003, of record in said
Clerk's Office in Deed Book 2659, page 234, and by quitclaim deed from
Rebecca Abell Yancey and Patrick Z. Wyers, dated February 9, 2004, of
record in said Clerk's Office in Deed Book 2712, page 518.
Book: 3110 Page: 730 FileNumber: 2005-00021731 Seq: 2
Page 3 of 3
This conveyance is made subject to the restrictions, covenants and
easements contained in the Declaration for Longacre Farm, of record in said
Clerk's Office in Deed Book 2892, page 550, and to all other easements,
conditions, restrictions and reservations contained in duly recorded deeds, plats
and other instruments constituting constructive notice in the chain of title to the
property hereby conveyed which have not expired by a limitation of time
contained therein or have not otherwise become ineffective, and to any lien,
inchoate or otherwise for real estate taxes and assessments not yet due and
payable, there being no attempt herein to reimpose any of such easements,
conditions, restrictions or reservations which may appear of record in the chain of
title to the property hereby conveyed.
WITNESS the following signature and seal:
BEND PROPERTIES, LLC
a Virginia limited liability company
BY: I,J. 4 ?1,-4&-: (SEAL)
W. Nathaniel Perkins, Managing Member
STATE OF VIRGINIA
COUNTY OF ALBEMARLE,to-wit:
The foregoing instrument was executed and acknowledged before me this
28th day of November, 2005, by W. Nathaniel Perkins, Managing Member, on
behalf of BEND PROPERTIES, LLC,a Virginia limited liability company.
My Commission Expires: September 30, 2008 `\
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RECORDED IN CLERKS OFFICE OF
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ALBEMARLE ON OF Z•
November 28.2005 AT 11:20:22 AM Notary Public — _
AS REQUIR0EED BY VAOCODE§58.1-802R TAX PD %
S,T.�ATE:$1RLE LECOUNL:$100.00 '/,'�� IIIU1\\N• \
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LL CLER CUA
IT COURT
Book: 3110 Page: 730 FileNumber: 2005-00021731 Seq: 3
0 2 3 3 6 I
TMP#05700-00-00-67A&05700-00-00-06800
Prepared by Nicholas E. Munger, P.C.
DECLARATION OF "LONGACRE FARM"
SUBDIVISION COVENANTS AND RESTRICTIONS
BY BEND PROPERTIES, LLC,
A VIRGINIA LIMITED LIABILITY COMPANY
THIS DECLARATION (the "Declaration"), made this 14`h day of December, 2004,
by BEND PROPERTIES, L.L.C., a Virginia limited liability company, hereinafter called
"BEND PROPERTIES" (Declarant), provides as follows:
WITNESSETH:
WHEREAS, BEND PROPERTIES is the owner of the real property
described in Article II of this Declaration ("the Property") and desires to create
thereon a subdivision; and
WHEREAS, BEND PROPERTIES desires to provide for the preservation
of the values and amenities in the neighborhood and for the maintenance
thereof; and, to this end, desires to subject the Property to the covenants,
restrictions, easements, conditions, reservations, charges and liens, hereinafter
set forth, each and all of which is and are for the benefit of the Property and each
owner thereof; and
WHEREAS, BEND PROPERTIES has deemed it desirable, for the
efficient preservation of the values and amenities within Longacre Farm
Subdivision, to designate an agency to which will be delegated and assigned the
non-exclusive power of administering and enforcing these covenants and
restrictions and collecting and disbursing the assessments and charges
hereinafter created; and
1
WHEREAS, BEND PROPERTIES has created and designated the
Longacre Farm Property Owners Association for the purpose of exercising such
functions;
NOW, THEREFORE, BEND PROPERTIES declares that the Property is
and shall be held, transferred, sold, conveyed and occupied subject to the
covenants, restrictions, easements, charges and liens (sometimes referred to as
"Covenants and Restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. The following words when used in this Declaration
or any Supplemental Declaration (unless the context shall indicate otherwise)
shall have the following meanings:
(a) "Association" shall mean and refer to the Longacre Farm Property Owners
Association, its successors and assigns.
(b) "Architectural Control Board" shall mean and refer to the board
established in Article IV below for the purpose of controlling and regulating
the development and the external design, appearance, landscaping,
grading and use of the Lots and the structures and other improvements
thereon.
2
(c) "BEND PROPERTIES" shall mean and refer to BEND PROPERTIES,
L.L.C., a Virginia limited liability company, its successors and assigns.
(d) "Declaration" shall mean and refer to the covenants, restrictions,
easements, conditions, reservations, liens and charges and all other
provisions herein set forth in this entire document, as the same may from
time to time be amended or supplemented.
(e) "Supplementary Declaration" shall mean and refer to any declaration of
restrictions, covenants and conditions which may be executed and
recorded by the Declarant which extends the provisions of this Declaration
to additional real property and contains such complementary or modifying
provisions for such additional real property as are not inconsistent with the
concept of this Declaration.
(f) "Declarant" shall mean and refer to BEND PROPERTIES, LLC, a Virginia
limited liability company.
(g) "Developer" shall mean and refer to BEND PROPERTIES, LLC, a Virginia
limited liability company, and to any entity to which BEND PROPERTIES,
LLC may specifically assign its rights and interest pursuant to the terms of
this Declaration.
3
(h) "Longacre Farm" shall mean and refer to all such real property and any
additions thereto as are subject to this Declaration or may be made
subject thereto by any supplemental Declaration.
(i) 'Lot" shall mean and refer to any plot of land designated as a "Lot' upon
any recorded plat of any portions of Longacre Farm.
(j) "Member" shall mean and refer to every person or entity that holds
membership in the association.
(k) "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, including the 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 obligations.
(I) "Public Road" shall mean and refer to the publicly dedicated road named
"Longacre Farm Lane" as shown and described on the plat referred to in
Article II hereof, and such other roads as may be constructed with the
subdivision.
4
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 2.01. The Property. The real property which is, and shall be, held,
transferred, sold, conveyed and occupied subject to this Declaration is located in
Albemarle County, Virginia, and is more particularly described on a subdivision
plat of Longacre Farm made by Roger W. Ray & Associates, Inc., dated August
25, 2004, as revised December 2, 2004, which plat is attached to and recorded
with this Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 3.01. Membership. Every person or entity who is a record owner
of a fee or undivided fee or interest in any lot which is subject by this Declaration
or any other covenants of record to dues or assessments by the Association shall
be a member of the Association, provided that any such person or entity who
holds such interest merely as security for the performance of an obligation shall
not be a member. Developer will determine dues and/or assessments payable at
the time of the purchase of a lot, or at such other times, until such time as
Developer no longer owns any lots.
Section 3.02. Voting Rights. The Association shall have two (2) classes of
voting membership:
Class A. Class A members shall be all owners, with the exception of the
Class B owners, as defined below, of lots and shall be entitled to one vote for
each site owned. When more than one person owns any site, all such persons
shall be members. The vote for such site shall be exercised as they among
5
themselves determine, but in no event shall more than one vote be cast with
respect to any site.
Class B. Class B members shall be the Developer and shall be entitled to
two votes for each lot or living unit owned.
ARTICLE IV
ARCHITECTURAL CONTROL
Section 4.01. Architectural Control. Until the sale of all the Lots by the
Declarant, the Architectural Control Board (ACB) shall consist of one or more
individuals appointed by the Declarant. After the sale of all Lots by the Declarant,
or at such earlier time as the Declarant in its sole discretion may determine, the
Architectural Control Board (ACB) shall consist of one or more individuals
appointed by a majority vote of the homeowner's Association.
Section 4.02_ Purpose. The ACB shall regulate the development and
external design, appearance, landscaping, grading, use of Lots and the location
of the structures and other improvements thereon in such a manner so as to
preserve and enhance values and to maintain a harmonious relationship among
structures and the natural vegetation and topography.
Section 4.03. Conditions. No improvements, alterations, repairs,
excavations, changes in grade, major landscaping or other work which in any
way alter the exteriors of any Lot or the improvements located thereon from its
natural or improved state existing on the date such property was first conveyed in
fee by the Declarant to an Owner shall be made or done unless and until the
6
s for the same showing the
s and proposal been
thereof shall have
bons, working drawings,
location hereof.
specifications, t to Section 504 h
plans, sP materials and ma
type, p,oG pursuant d, shape Y
other improvement shale be
roved in writing by the
nature, km
and approved
structure or t and the
submitted to Declarant wall, residence' AGg The
fence 1 of theapproval of the
No building, rova the larant
riot written approval
obtain the consent of or
ed without P to the grade
commenced obt changes
r shall not be required to
ring, excavations, respective
Developer
any land clew Developer, their reSP
r or the Association for dlor theplot the
A performed by the Declarant an of the Roads, an
or other work Pert the construction contractors, in Longacre Vann.
dlor sub within
contractors an e facilities
tion of utilities and drainage installation
fails to approve, modify or
u
res, in the event the AGg ein within fourteen (1 4)
Section q 04. Prose aired her
approval required materials have been
in writing a request for apP appropriate disapprove other app
specfications, or e deemed granted.
days after Plans'
writing to it approval will b
submitted in e appropriate equitable
ion. In the event that th ed within ninety equitable
PCesum t has not been commenced Section 4wit ACg it shall be
ether with lis pendens approval °t the
a the apP
action tog e completion of activity requiring
days after the conclusively presumed that activity
is approved by the ACB
7
Section 4.05. Property Between Lots and Roads. The property between
the lot lines and the paved portion of any roads shall be maintained by the
owners of such lots.
ARTICLE V
COVENANT FOR COMMON AREA MAINTENANCE
Section 5.01. Maintenance of Common Area by Association. The
Association will provide maintenance and upkeep for the common area(s) and
amenities including, but not limited to, the entrance sign and landscaping, fencing
along State Route 680, the stormwater management facility and the street sign at
the intersection of Longacre Farm Lane and State Route 680.
Section 5.02. Creation of the Lien and Personal Obligation for Dues and
Assessments for Maintenance of Common Area. Each owner of any lot by
acceptance of the deed therefore (whether or not it is expressed in any such
deed or other conveyance) and BEND PROPERTIES, with respect to each lot
owned by it within the subdivision, hereby covenants and agrees to pay the
Association: (a) annual dues or charges; (b) special assessments for capital
improvements, such assessments to be fixed, established and collected from
time to time as hereinafter provided. The annual dues and special assessments,
together with such interest thereon and costs of collection thereof as hereinafter
provided, shall be a charge on the land and shall be a continuing lien upon the
property against which each such dues, charge or assessments is made. Each
such dues, charge or assessment, together with such interest thereon and cost
8
of collection thereof as hereinafter provided, shall be the personal obligation of
the person, his heirs, personal representatives, or assigns, who was the owner of
such property at the time the assessment fell due. No owner may disclaim or
otherwise escape liability for the dues or assessments provided herein by non-
use of the common area or abandonment or conveyance of his lot.
Section 5.03. Purpose of Dues and Assessments. The dues and
assessments levied by the Association shall be used exclusively for the purpose
of maintaining the common area(s) in the Longacre Farm Subdivision.
Section 5.04. Annual Dues. Annual dues for Class "A" and "B" members
shall be established by the Association at its annual meeting, however, annual
dues for Class "B" will not be greater than those for Class "A" members. The
annual dues for Class A members shall not begin to accrue until such time as
they take title to a site or lot.
Section 5.05. Effect of Non-Payment of Dues; the Personal Obligation of
the Owner; the Lien; Remedies of the Association. If the dues are not paid on the
date when due, then such dues shall become delinquent and shall, together with
such interest thereon and cost of collection thereof as hereinafter provided,
thereupon become a continuing lien on the property which shall bind such
property in the hands of the then owner, his heirs, devisees, personal
representatives and assigns. The personal obligation of the then owner to pay
9
such dues, however, shall during his lifetime, remain his personal obligation for
the statutory period and shall not, during his lifetime, pass to his successors in
title unless expressly assumed by them.
If dues are not paid in full within 30 days after the delinquency date, the
unpaid balance of the dues shall be subject to penalty from the date of
delinquency at the rate of eighteen percent (18%) per annum, and the
Association may bring an action at law against the owner personally obligated to
pay the same or to foreclose the lien against the property, and there shall be
added to the amount of such dues the costs of preparing and filing the complaint
in such action, and, in the event the judgment is obtained, such judgment shall
include the penalty on the dues as above provided and a reasonable attorney's
fee to be fixed by the court together with the costs of the action.
Section 5.06. Subordination of the Lien to Mortgages. The lien of the dues
provided for herein shall be subordinate to the lien of any mortgage or mortgages
now or hereafter placed upon the properties subject to the dues; provided,
however, that such subordination shall apply only to such dues which have
become due and payable prior to a sale or transfer of such property pursuant to a
decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or
transfer shall not relieve such property from liability for any dues or assessments
thereafter becoming due, nor from the lien of any such subsequent dues or
assessments.
10
Section 5.07. Amount of Assessments. The amount of the dues and
assessments shall be the pro-rata share of the amount necessary each year to
adequately and properly maintain Longacre Farm common areas and the
Stormwater Facilities to the same standards as initially constructed by the
Developer. Assessments on all Lots shall commence after construction of
Longacre Farm Lane and the Stormwater Facilities are completed.
Section 5.08. Allocation of Assessments. The assessment shall be
adjusted so that each Lot bears an equal pro-rata share of the Assessment
based upon the total number of Lots.
ARTICLE VI
PUBLIC ROADS
Section 6.01. Dedication. Developer does hereby establish and dedicate
to public use the road designated as Longacre Farm Lane, as shown and
described on the subdivision p►at, as public roads for public ingress and egress to
and from all lots and for the conveyance of utilities.
Section 6.02. Maintenance. The initial construction of public roads shall be
borne and completed by Developer; and subject to provisions of this Article,
Developer shall repair and maintain roads until they have been accepted into the
highway system for the Commonwealth of Virginia for public maintenance.
11
Section 6.03. Snow Removal. The Association shall provide and be
responsible for reasonable removal of snow and ice from the public roads until
they have been accepted in the highway system for the Commonwealth of
Virginia for public maintenance.
Section 6.04. Damage by or Negligence of Owner. Notwithstanding any
other provision of these restrictions, each Owner shall be solely and exclusively
responsible for, and shall bear the cost of, maintenance and repair of the roads
(including the ditches, the shoulders and any land within the right-of-way)
necessitated by his negligence or by construction, development or other unusual
activity on his lot, and shall restore any portion of the roads (including the
ditches, the shoulders and any land within the right-of-way) damaged by his
negligence or by such construction, development or unusual activity to at least it
prior condition upon completion of such activity. If any Owner shall fail to restore
any portion of said roads damaged by his negligence, construction, development
or other unusual activity, then Developer and/or Association shall have the right
to restore such road or portion to its prior condition and collect the costs of such
restoration from the Owner (together with costs of collection, including
reasonable attorney's fees).
Section 6.05. Regulation of Traffic. Until such time as the roads are
accepted in the highway system for the Commonwealth of Virginia for public
maintenance, Developer and/or the Association shall have the power to place
12
any reasonable restrictions upon the use of the roads, including, but not limited
to, the establishment of speed limits.
Section 6.06. Entrances to Roads. Any entrance to the roads constructed
by Owner of a Lot within Longacre Farm shall be constructed and maintained by
the Owner pursuant to customary standards established by the Virginia
Department of Transportation. If any Owner shall fail to so design, construct or
maintain the entrance from the Roads to a Lot to meet the minimum
specifications and standards of the Virginia Department of Transportation for a
private entrance on a publicly maintained road, Declarant shall have the right to
bring such an entrance into compliance with such specifications and standards
and to collect the cost(s) of such work from Owner (together with costs of
collection, including reasonable attorney's fees).
ARTICLE VII
GENERAL PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS
Section 7.01. Restrictions. The following shall apply to all lots and living
units, within Longacre Farm:
(a) No noxious or offensive activity or condition shall be permitted upon any
lot nor shall anything be done, placed or stored thereon which may be or
become an annoyance or nuisance to the neighborhood or occasion any
noise or odor which will disturb the peace, quiet, comfort or serenity of the
occupants or surrounding properties.
13
(b) No fence, wall, tree hedge or shrub planting shall be maintained in such
manner as to obstruct line of sight for vehicular traffic.
(c) No lot in Longacre Farm shall be further subdivided.
(d) Vehicles not in regular use, farm equipment, oversized vehicles and
recreational vehicles shall be screened from view from all other
residences.
(e) Nothing shall be done on any lot that interferes with the drainage or
surface water to the detriment of any other lot.
(f) Satellite dishes, above ground fuel tanks, stored materials of any kind and
clotheslines shall be screened from view of all other residences.
Section 7.02. Easements. Easements for the installation and the maintenance
of underground utilities, supply and transmission lines are reserved to BEND
PROPERTIES and through all areas shown on the hereinabove-mentioned plat,
or on any subsequent plat, within the boundaries of residential lots, excepting
only those approved building and residential driveway areas. Such easements
shall include the right of ingress and egress, provided that any damage resulting
from the installation, maintenance or repair of an underground utility supply or
transmission line, or drainage facility shall be promptly rectified at the expense of
the corporation or authority which directed the entry.
14
Section 7.03. Maintenance of Lots. Each Lot (whether improved or
unimproved) and the structures and other improvements thereon shall be kept
and maintained in good order and repair, free of debris. In the event that any Lot
or the structure or other improvement thereon shall be damaged by fire,
windstorm, or any other cause, the damage shall be promptly repaired and
restored to its prior conditions approved by the ACB. If any Owner shall fail to
maintain his Lot in compliance with this Section, then either Declarant and/or the
Association shall have the right (but not the obligation) to perform the necessary
corrective work and collect the cost of such work from such Owner (together with
costs of collection including reasonable attorney's fees).
ARTICLE VIII
NON-DISCRIMINATION
Section 8.01. Non-Discrimination. Any person, when he becomes an
owner, agrees that neither he nor anyone authorized to act for him will refuse to
sell or rent, after receiving a bona fide offer, or refuse to negotiate for the sale or
rental of, or otherwise make unavailable or deny any of the property owned by
him in Longacre Farm Subdivision to any person because of race, color, religion,
sex or national origin. Any restrictive covenant affecting the property covered by
this Declaration relating to race, color, religion, sex or national origin, which is
inconsistent with this Article VII, is recognized as being illegal and void and is
specifically disclaimed.
15
ARTICLE IX
INTENT
Section 9.01. Duration. It is the intent of the Declarant that the provisions
of this Declaration now conform and will continue to conform to the guidelines
established by the Federal Housing Administration, Department of Housing and
Urban Development, the Veterans Administration, the Federal Home Loan
Mortgage Corporation and Federal National Mortgage Association. To the extent
that any provision of this Declaration is found not to be in conformance with said
guidelines, it shall be considered null and void.
ARTICLE X
GENERAL PROVISIONS
Section 10.01. Duration. The covenants and restrictions of this Declaration
shall run with and bind the land, and shall inure to the benefit of and be
enforceable by the Association, or the owner of any land subject to this
Declaration, their respective legal representatives, heirs, successors and
assigns, for a term of ten (10) years from the date this Declaration is recorded.
after which time such covenants shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by the owners of three-
quarters of the lots or living units has been recorded, which instrument agrees to
change such covenants and restrictions in whole or in part. No such agreement
to change shall be effective unless made and recorded one (1) year in advance
of the effective date of such change, and unless written notice of the proposed
agreement is sent to every owner at least 90 days in advance of any action
taken.
16
Section 10.02. Notices. Any notice required to be sent to any member or
owner under the provisions of this Declaration shall be deemed to have been
properly sent when deposited, postage prepaid, in a postal box or other
authorized receptacle of the United States Postal Service, or its successors, to
the last known address of the person who appears as member or owner of the
records of the Association at the time of such mailing.
Section 10.03. Enforcement. Enforcement of these covenants and
restrictions shall be by means of any proceeding at law or in equity, against any
person or persons violating or attempting to violate any covenant or restriction,
either to restrain violation, or to recover damages, and, as against the land, to
enforce any lien created by these covenants; and failure by the Association or by
any owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 10.04. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions,
which shall remain in full force and effect.
Section 10.05. Amendments. Developer reserves the right to waive or
amend any of the covenants or restrictions contained herein so long as BEND
PROPERTIES owns any of the lots. When Developer no longer owns any lots,
these restrictions may be amended by a two-thirds (2/3) vote of the members of
the Association.
17
IN WITNESS WHEREOF the declarant, BEND PROPERTIES L.L.C., a
Virginia limited liability company, has caused this instrument to be executed by
its duly manager this 14th day of December, 2004.
BEND PROPERTIES PROPERTIES, L.L.C.
By: 4.44.40" "/ = .n41-42
W. Nathaniel Perkins, Manager
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
fh
The foregoing instrument was acknowledged before me this / day of
December, 2004, by W. Nathaniel Perkins, as Manager on behalf of Bend
Properties, LLC, a Virginia limited liability com any.
My Commission expires: 0? 3 o 2_00e
Notary Public ----------_,_
18
RECORDED IN CLERKS OFFICE OF
ALBEMARLE ON
December 20,2004 AT 2:26:11 PM
$0.00 GRANTOR TAX PD
AS REQUIRED BY VA CODE§58.1-602
STATE:$0.00 LOCAL:$0.00
ALBEMARLE CCU r TY,VA
7LEIRCUITcOT
V
THE LAND Uff NOTES SHOWN DN THIS PLAT ARE IMPOSED AT T
ANRHIS/HER SIOUTURST OF EEONI TTHHISOR PLAT HE SSHEINHAS DEEMEDCTHATTHEY ARE CCT AND IN ACCANCE WITH THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE THESE NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE
t j 1,�R
LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED
y
TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE L14i"
DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. U i 5 `
A. PROPERTY ZONED RA. i:,�V,1, .RAY
B. LOTS 1 TMRU 6 MAY NOT BE FURTHER DIVIDED. 1331
C ALL LOTS SHALL HAVE ACCESS ONLY N LONGACRE FARM
LANE.
D. SETBACK AEOUIREHENTS-FRONT ON EXISTING STATE /Z"Z.TLn¢.
HIGHWAYS.75', FRONT DR INTERNAL ROAD=25'. G
SIDES=25', 6 REAR-35'.
E. ACCOROIN5 TO THE ALBEMARLE COUNTY YEAR 2000 DIGITAL
NTHOPHOIOGRAPHY EACH LOT HAS A MINIMUM OF 30,000 S.F.
OF A F PITH
BUFFERS SOWN HEREON SHALL BE MANAGED IN
ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF
ALBEMARLE COUNTY.
THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNOER-
SI6NED OWNER. PROPRIETORS, AND TRUSTEES. ANY REFERENCE
• TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS
THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT
ARE TRUE AND CORRECT TO BEST OF MY KNOWLEDGE.
TN'UJ.11pd....a03y.RL..N.A.M6E.
NOTES.
1. OWNER-BEND PROPERTIES. L L C.
1850 BROWNS GAP TURNPIKE
CHARLOTTESVILLE VA 22901 1 II
2. LEGAL REFERENCES-0.8 2659-231. D.B. 775-540 PLAT, 6 CITY/CONNTING c A01114T•.EVNE:O.B. 2659-234, 237 PLAT. STATE''pF VVN
THE FOREGOING INSTRUM.N7 WAS ACE BEFORE ME THIS
3. LONGACRE FARM LANE SHALL BE BUILT TO PUBLIC ROAD ��' Au OF c '1 STANDARDS AND IS HEREBY DEDICATED TO PUBLIC USE.
,d .a
4. ALL LOTS SHALL BE SERVED BY PRIVATE SEWAGE DISPOSAL NOTARY PUBLIC /-.I S. ��C.AND PRIVATE WELLS. THIS PROPERTY IS NOT WITHIN THE MY COIMISSION XPI S JURISDICTIONAL AREA FDR PUBLIC WATER 6 SEWER.
5. A 20' PERMANENT DRAINAGE EASEMENT CENTERED OVER ALL
STREAKS AND NATURAL DRAINAGE COURSES IS HEREBY APPROVED FOR AECOROATIN
DEDICATED FOR PURPOSES OF DRAINAGE AND MAINTENANCE
THEREOF
kgal
6 PROPERTY 15 LOCATED IN THE BEAVER CREEK WATERSHED. '`7O1'44- MATE
7 ALL PERMANENT DRAINAGE EASEMENTS SHOWN HEREON ARE DIRECTOR OF PLANNING�� aR1F DATE HEREBY DEDICATED TO PUBLIC USE.
8. PROPERTY SUBJECT TO EASEMENTS TO VIRGINIA TELEPHONE AN)
TELEGRAPH COMPANY (D.8. 343-330 6 D.B. 499-586).
9. TABULATION-
LOTS- 28.84 ACRES
ROAD- 1.12 ACRES
TOTAL-29.96 ACRES
1D. I.5. DEMOTES IRON SET.
11. THE BOUNDARY DATA SHOWN HEREON IS BASED ON A CURRENT
FIELD SARNEY.
12 PROPERTY OESINATED AS PARCEL 67A 6 68 ON TAX MAP 57.
13. ALL IRNS TO BE SET BY APRIL 15. 2005.
14. THE DEVELOPER HEREBY RESERVES A 10' DRAINAGE 6 UTILITY
EASEMENT ALONG ALL LOT LINES.
VICINITY NAP
6B0 SUBDIVISION PLAT
LOTS 1 THRU 6
(‘,„ BEAVER 517E LONGACRE FARM
�. CREEK LOCATED ON STATE ROUTE 680
:.HESEMYOIR WHITE HALL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
i'� SCALE: 1"= 100' DATE: AUGUST 25, 2004
�' - REVISED: DECEMBER 2, 2004
R •
1
Q:'
"--'N411:5 :, 0 '\ BEND PROPERTIES. L.L.C.
' J J X J
: ROGER W. RAY 6 ASSOC.. INC.
Tay 1717-18 ALLIED STREET
CHAR"OTTESVILL.E. VA 22903
SCALE 1" 2000' 4 4 TELEPHONE Aid-29}3195 SHEET 1 OF 2 13045
IRON
FOUND 1. " " A.N.R. -
0y91 J J
3BZ 9a \ 49,99. LONGACRE FARM
a �. 1 1 y° SCALE: I'- 100' DATE: AUGUST 25, 2004
„E•o° -2B '. E,o�' REVISED: OECEMBER 2, 2004
N pi, / oN3 '� {i "
\(' ``� S •
��e 90A•AA
1y2�90C0. \ y9''+° a"9R. .a 0eo
i FOUND OFF �` t° \ 5`�p pq;°�'o`i�yo
4' 9 26 p ,1
g , EI'<' ` ' 0 0 .49' �P• T.M. 57-6884
LOT 5
/W S00' / I.S. . `�3'4- p1� po' BEAVER CREEK SUBDIVISION
o
J/FW �f ,4j0 F. y^ D.B. 24 11-68 6 SEA
•
E. Nf2'32'O!'E LOT 2 / 2°� �• •e'p2 F.� ,�
T.M. 57-6885 166.63' / 6.28 ACRES '4,/ •^ 4 4 1:.'('
2 69' 4i
LOT 6
BEAVER CREEK SUBDIVISION IRON FEP /�'. \ 1 F. 2
D.B. 2414-65 6 67 FOLK) P�AY / �04� / \��. \ -4) ,`00°j Op
NO7-29'53'E / 'F' 9a ,g6 p1
186.03' yt tp�t • y3.0 0° \J�, 04.
yb2 p'i4, 44,e'' 0' •
.9° Ott/ rh° p0`'/ CAM q 45, 2p-p 22
IRON / t�^/ / �i06y ~ \y 0 1;Z9 o.0,. p.4 F'0. 09 2�4" .. 4,1.p°1O 0' E402�`'2.'
�__ FOUND / 0° \ yb 90..do .0\29� E me, O,.s opF'.1•.,,,g 1. ..A.
/ O 2'' p0 '� s 2° 'O �9
' L LOT 3 / ` y y03 9 :0 pyg'O9 `'° �,p p1
/ 1.s 5.86 ACRES \ r r y�/
C • ` \
/ N13'19'02.5 �0 _ 0;
105.05' IRON
I
VIRGINIA-WESTERN 02W FOUND
-d- � ry •
I S. POWER COMPANY ENT
a POLE N15'S6'S8'W EASEMENT •2° � 5�)p�_
4 161 DO' 10.0. 186-114 6 ITS ,Z0's° �� '
T.M. ESIA57-67 w - NO DEFINED WIDTH) 'S ? OFFER pg
LESLIE A. 6 LINDA SUE REASER / o ,
D.B 775-542. 545 PLAT POLE / 90
0,8 791-583 PLAT A HIGH VOLTAGE `in . ,_� •1� I'S. F60 0�y
ti ki n TRANSMISSION, TOWER ���- POLE `� 9p2
0y1- 1 = LINE o I.S POLE yya
Sn LB 375
.41 1 I.MG 1".23. - ',,`,,'�_:...^ pB p0 ,78.61.02.E 400 0° '��TONER '
e 1 I 50 S6•W 1225.„. c,'5 01 I.6
r I am fie.61 4a i ;� E I.S. LOT 4 z• HIGH VOLTAGE
I.S. LINE
1 'g' m �o I.S. 5.91 ACRES
PIPE 17,inA I BLS. o m it
\F NO IJ J .I S.
NEW 30' 1 ) I h c
PRIVATE I / // j Jy m LS. S89'27'30'E 605.37• ' rIf
o ACCESS j n =ti 25 DO' 580.37' IRON ! 041
+j EASEMENT r LOT 1 rn Q Ls. / FOUND
CENTERLINE P NEN FENCE 6 ! 4.62 ACRES (4,
_ �nyr, T N 57-69 LI LINE BEARING DISTANCE
WLONRY W. E JEAIETTE D. ABELLOF RDAO 2y ' LESEC TI16 1F �'� ' / 4� L2 N41'22•24'W 50.09•
! I- / IL�,o R. LOT 5 ' 0 D.B. 744-391 L3 N13'23'f2'E 107.09
I / e 4.17 ACRES ?
W o L4 N05'S4'p6'E f6B.16
s I I rn V w ti = L5 NO1•19•25"E 55.29
.a'uy;- 2 I 1.s.
.S �{' W L6 N17'20'59"E 132.49
IRON e So, �+ / / �¢' ^ L7 5&3'03'32'W a7.60
FOUND . J' F� �` LS, Set•28'09•E 349.0q. �-._. yl ' L8 Se4'07'55'W 72.5E
STATE ROUTE �; `\ 25°p' 324.04. { L9 574'37'27'M 9f.33
680 O t��\� Ls no I.6 / p
BROWNS GAP Tl1RNPIKE � •� \ ---- Z 4-,,,, LSf Nf 7'00'00'E 45.00
\ _ Iq "m� L12 N42*00.00'E 50.00
1442.01'56'w "a\`\ � ----�1' N.:* 0y ti+ 2.00 ACRES I( 1
63.41' ,`:�•' ,A I.S. 4 W 45 6.9 Al i SPRING 1 LINE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING
FOUND "IRON 1�,`,"', R,>c 4+,LL5 ��' FOLNO , 522103'56'W I Ci 12'57'57* 950.00 214.98 107.95 214.52 N33-00'1f'W
30�2,(, 4 NEM FENCE& 4 103.78' C2 7'37'07- 1095.00 145 60 72.91 145.49 N30'33'16-w
N07'30'03'E •\\NO"�.= b 9b i', Z LANDSCAPING /m I.S. A$>. I n C3 110'50'10' 35.00 6771 50.77 57.63 NB1'32'28'E
33.83' I \ = I.S. ,.f s EASEMENT • s 56• 344 5' C4 38'46'12" 175.00 118.42 61.58 116.17 N45'30'29-E
N452.30'7'W \ \'-C,3I I.5 .7 Lit h00�' y. rV�' Po'V 4S� CO 49'f0'33' 125.00 f07,29 57.20 104.02 N40'f8'SB'E
\ 332'P.' L30 4g' rya- i 9 : .94, I C6 45'05'57" 35.00 27.55 14.53_ 26.84 NO6.49'56'M
N57'OS'35'M ` 0' syW ^ �/� C7 104'05'57' 50.00 90.84 64 II 78.95 N22'40'04'E
55.13' ''I.5. ,` I ,rlr N- 0 T.N. 57-6BA CB BD'42'56' 50.00 70.41 42.49 64.76 S64'55'30'E
1465'22'56-W`\ - 0' y9' h EDGAR N. &RUBY C. GARNETT
60.06' - - 2y w W •% /b 0.8. 410-485. 467 PLAT FOUND I9 45*05'57" 50.00 27.55 46.13 26.8f S38.16'00'W
DENOTES NEW SIGN. FENCE 6 - y� C10 45'05'S7" 35.00 27.55 f4.53 26.84 53B'16'00'W
LANDSCAPE EASEMENT N67'S9'30'N C11 49'10'33.4 175.00 150.20 80.08 145.63 S40'18'18'W
95.44 1,5, C12 3A34'14' 125.00 75.42 38.90 74.28 547"36•28'W
����.��4N68'24'34'W�i��4��� DENOTESNEN SIGHT DISTANCE 105 24' `Alii#41‘7
----FOUND ti ! I C13 91%8'03" 35.00 55.77 35.80 50.06 615'19'41'E
�������1 EASEMENT Cf4 63'3f'36' 35.00 38.81 21.67 36.85 N6B.03'37'W
25' STRIP HEREBY u
.i'�DENOTES NEW PERMANENT DEDICATED TO PUBLIC USE N69'09'27'M`` \ CIS 58'27'of• 50.00 51.0! 27.97 48.82 N70'35'55-W
[3iAINAGE EASEMENT 63.66' C16 54'45'36" 100.00 95.57 51 79 91.98 N13 59'36-W
s i S1EET 2 OF 2 13045 C17 16'01'35' 150.00 41.96 21.12 41.92 NOR-20'12'E