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Home My WebLink AboutSUB201800062 Agreements 2018-07-16201800008179.001 VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date: 7/16/2018 ------------------------------ Instrument Type- -- ----------DG_-____-_---- Number of Parcels: ..... 2Number of Pages: -----9_____ [ ] City N County ALBEMARLE --------- ---------------------------------- TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: --------------- [ )Grantee: -------------- ----- --------------------------------------- Consideration: $0.00 ------------------------------------------------------------ Existin Debt: $0.00 Actual Value/Assumed:.__.___ $0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal- ------- ------------------------- $0.00------------ Fair Market Value Increase: $0.00 Original Book Number: ---------- Prior Recording At: [ ] City [ ] County ---- -----------------•--- Original Page Number: RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Jul 24, 2018 AT 09:22 am BOOK 05075 START PAGE 0282 END PAGE 0296 INST # 201800008179 TOTAL NUM PAGES 0015 MEB (Area Above Reserved For Deed Stamp Only) Original Instrument Number: __-______-__-___------ Percentage In This Jurisdiction_ _............. 100%0 BUSINESS / NAME 1 ___ N Grantor: JA-ZAN, - - - -LLC ------------------------------------------------------------------------------------------------------------------- 2pQ Grantor: MARCH MOUNTAIN PROPERTIES, L.L.C. ........................................--------------------------------------------- ----------------------- 1 Grantee: OLD TRAIL HEIGHTS LLC ----------------------------------------------------------------------------------------------------------------------- [ ] Grantee: GRANTEE ADDRESS Name: OLD TRAIL HEIGHTS LLC ---------- ----------------------------- --....------ Address: 400---LOCUST---AV--SUITE- SUITE--3 -------------------------------------------------------------------------------------------------------------------------------------------- City: CHARLOTTESVILLE -------------------------------------------------------- State:---VA--- Zip Code:-----------22902 ---------------------------- Book Number: ---------- Page Number: ---------- Instrument Number_ ____________________________ Parcel Identification Number (PIN): 055E0-01-00-OOOEO--- Tax Map Number: .055E0-01-00-00-0E0-- - - ----------- Short Property Description: OPEN SPACE ----------------------------------------------------------------------------------------------------------------- Current Property Address: City. - CROZET State: -__ VA. --------------------------------------------------------------------- Instrument Prepared By: _ROYER CARAMANIS-& MCDO Recording Paid By: Recording Returned To: ROYER CARAMANIS & MCDONOUGH -- - - -- - - ------------------------------------- Address: 200-C GAR RETT ST City: CHARLOTTESVILLE State: -__ VA ------------------------------------------------- ----------------------- ------------ ...._.--- .............. Zip Code: 22932 -------------------------------- ROYER CARAMANIS & MCDONOUGF ------------------------------------------------------------ ------------------------------------ Zip Code_ ------------2.2902 FORM CC-1S70 Rev: 7/1S Page 1 of 2 Cover Sheet A §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 201800008179.002 VIRGINIA LAND RECORD COVER SHEET FORM C - ADDITIONAL PARCELS Instrument Date: 7/16/2018 Instrument Type:---------DG Number of Parcels: ____ 2-_-_ Number of Pages: ----- [ ] City M County ALBEMARLE PARCELS IDENTIFICATION OR TAX MAP Prior Recording At: [ ] City [ ] County Percentage In This Jurisdiction: ,---_________ 100%----.......... Book Number: ---------- Page Number: _...... __- Instrument Number: Parcel Identification Number (PIN): _055E0-01-3C-000A0 Tax Map Number:-055E0-01-3C-000A0_____________ Short Property Description: - LOT 1 -------------------------------- Current Property Address: _--__---- ---------------------- City:. CROZET.................................. ............ --- Prior Recording At: [ ] City [ ] County Percentage In This Jurisdiction_ ______________________ Book Number: - --------- Page Number: Instrument Number: Parcel Identification Number (PIN)_ ________________ Tax Map Number: ... •--------------- •---------- -----•--- ShortProperty Description: __________________________ Current Property Address_ _______________________________________ City-------------------------------- i ■ (Area Above Reserved For Deed Stamp Only) ----------------------------------------------------------------------------------------- -------------------------------------------------------------------- ---------------------------------------------------------------------------------------- ------- State: --_ VA .... Zip Code: ----------- 22932---- -------- ------------------------ State- - ---------- - Zip Code: -------------------- ------- FORM CC-1570 Rev: 10/14 Page 2 of 2 Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. 201800008179.003 Albemarle County TR1[Ps: 055EO-01-00-000EO; 055E0-01-3C-000A0 This document prepared by: Collison F. Royer (VSB #65893) Royer Caramanis & McDonough, PLC, Charlottesville, Virginia This document underwritten by: None. No title search was conducted in connection with the herein described conveyances. RECORDING TAX EXEAIPTIOA: THIS DEED OF GIFT IS EXEMPT FROM RECORDING TAXES PURSUAAT TO VIRGINIA CODE SECTION58.I-81]/D), ASAYMENDED. THIS DEED OF GIFT, BOUNDARY LINE ADJUSTMENT CERTIFICATE AND SUPPLEMENTAL DECLARATION is made and entered into this 1 day of July, 2018, by and between JA-ZAN, LLC, a Virginia limited liability company, to be indexed as Grantor ("Ja-Zan"); OLD TRAIL HEIGHTS LLC, a Virginia limited liability company, to be indexed as Grantee, with an address of 400 Locust Avenue, Suite 3, Charlottesville, Virginia 22902 ("Old Trail Heights"); and MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited liability company, to be indexed as an additional Grantor ("March Mountain"). WITNESSETH: WHEREAS, as evidenced by that certain deed from Cornerstone Fund 1 LLC, a Virginia limited liability company, to Old Trail Heights recorded in Clerk's Office of the Circuit Court of the County of Albemarle, Virginia (the "Clerk's Office"), on April 11, 2018, in Deed Book 5032, page 750, Old Trail Heights is the fee simple owner of all that certain lot of land with improvements thereon and appurtenances thereto situated in Albemarle County, Virginia, containing 0.2125 acre, more or less, shown as New Lot 1, Block 3C, Old Trail Village, on a plat (the "Plat") by Roudabush, Gale & Associates, Inc. ("Roudabush"), dated March 20, 2014, last revised November 7, 2014, of record in the Clerk's Office, in Deed Book 4565, pages 576-591 (the "Old Trail Heights Property"); WHEREAS, Ja-Zan is the fee simple owner of certain "Open Space" adjacent to the Old Trail Heights Property, all as more fully shown on the Plat (the "Open Space"); WHEREAS, Ja-Zan and Old Trail Heights desire to record the attached boundary line adjustment plat and to add Parcel X, as the same is more fully shown thereon, to the Old Trail Heights Parcel (the "Boundary Line Adjustment"); and (2334584-1, 112880-00001-03) 201800008179.004 WHEREAS, in conjunction with the Boundary Line Adjustment, Ja-Zan and Old Trail Heights desire that March Mountain impose the Declaration of Covenants and Restrictions of Old Trail on Parcel X and have asked March Mountain to join in this instrument to evidence the same. Deed of Gift and Boundary Line Adjustment NOW, THEREFORE, as a gift, and for no other consideration, Ja-Zan hereby GRANTS and CONVEYS with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto Old Trail Heights the following described property ("Parcel X"): All that certain lot or parcel of land situated in the County of Albemarle, Virginia, shown and described as "Parcel X (consisting of 0.031 acre)", formerly a portion of the Open Space, all as the same is shown on that certain boundary line adjustment plat prepared by Roudabush entitled "BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT OLD TRAIL VILLAGE TMP 055EO-01-00-000EO TMP 055E0-0l-3C-000A0" dated March 16, 2018, attached hereto and recorded herewith (the "Boundary Line Adjustment Plat"). Accordingly, the new courses, distances and adjustments shown on the Boundary Line Adjustment Plat as to all of the Old Trail Heights Property, incorporating Parcel X, and the Open Space, excluding Parcel X, are hereby confirmed and submitted for record in the Clerk's Office by each of Ja-Zan and Old Trail Heights. The prior boundary lines as shown as existing boundary lines being vacated on the Boundary Line Adjustment Plat are hereby VACATED. Ja-Zan and Old Trail Heights agree, for themselves, their successors and assigns that, as a result of the preceding conveyance, and the adjustments made on the Boundary Line Adjustment Plat, the newly revised Old Trail Heights Property contains 10,679 square feet (0.245 acre) (the "Subject Property") and the newly revised Open Space contains 19,021 square feet (0.437 acre). The conveyance made herein is subject to any easements, reservations, restrictions and conditions contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property herein conveyed which have not expired by a time limitation 2 (2334584-1,112880-00001-03) 201800008179.005 contained therein or have not otherwise become ineffective. Supplemental Declaration WHEREAS, March Mountain and Old Trail Community Association, Inc., a Virginia non - stock corporation (the "Association"), executed a Declaration of Covenants and Restrictions of Old Trail dated December 10, 2004, which is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office") in Deed Book 2887, page 336 (as amended and supplemented from time to time, the "Declaration"); WHEREAS, Article X, Section 2 of the Declaration provides that March Mountain, its successors and assigns, have the right to add additional restrictive covenants in respect to lands subject to the Declaration or to limit therein the application of the Declaration; WHEREAS, by filing this supplemental declaration, March Mountain, Ja-Zan and Old Trail Heights desire to impose and modify the covenants and restrictions of Old Trail set forth in the Declaration in respect only to the Subject Property as provided for herein; and WHEREAS, capitalized terns not defined herein shall have the meaning set forth in the Declaration. NOW THEREFORE, March Mountain does hereby declare and covenant as follows: The aforesaid Subject Property is hereby designated a Public or Commercial Site. Any units within the commercial building to be constructed on the Subject Property (the "Commercial Building") for which a certificate of occupancy has been or will be issued are hereby designated Public or Commercial Units. The initial Annual Assessment payable to the Association by the Owner of the Subject Property shall be Five Cents ($0.05) per square foot of aggregate space of the Public or Commercial Units in the Commercial Building. Such initial Annual Assessment shall commence in the year of 3 (2334584-1,112880-00001-03) 201800008179.006 the issuance of any certificate of occupancy for Public or Commercial Units in the Commercial Building and is intended to fund services similar to those provided by the Association to Townhouses that are subject to Townhouse Assessments. Such Annual Assessment is not intended to fund trash removal, which will be the responsibility of the Owner. The rate of subsequent Annual Assessments for the Subject Property shall not increase by more than ten percent (10%) annually. If a certificate of occupancy is issued for any finished Public or Commercial Unit constructed in the Commercial Building after the initial Annual Assessment year, then the Annual Assessment for the Subject Property shall be calculated based on the aggregate square footage of the Commercial Building for which certificates of occupancy for Public or Commercial Units have been issued at the then current rate for the Subject Property. March Mountain declares that, with regard to the Subject Property, Article VII, Section 9 of the Declaration is hereby amended to provide that March Mountain reserves unto itself, its successors and assigns, a non-exclusive, perpetual, alienable and releasable easement and right, on, over and under the Subject Property to erect, maintain and use cluster mailbox units and associated equipment, lighting and other improvements, as well as road signs and other signage, on, in and over those portions of the Subject Property as may be reasonably determined by March Mountain, its successors and assigns; provided, however, that such easement shall not be applicable to any portion of the Subject Property as may (a) have been used prior to the installation of such equipment, improvements or signage for construction of a building if the plan for such building was approved pursuant to the provisions of the Declaration by March Mountain, its successors or assigns, or (b) be designated as the site for a building on a site plan if such plan has been filed with and approved in writing by March Mountain, its successors or assigns. March Mountain further declares that the United States Postal Service (the "USPS"), as well as each Owner and Tenant assigned a cluster mailbox unit by the USPS 4 12334584-1,112880-00001-03) 201800008179.007 shall have a non-exclusive easement of ingress and egress over the Subject Property to access the cluster mailbox units. Ja-Zan and Old Trail Heights, do hereby consent to the above described imposition and modification of the Declaration with respect to the Subject Property. March Mountain declares and ratifies that the Subject Property is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Declaration, as modified and supplemented by this supplemental declaration; provided, however that no amendment, supplementation or modification to the Declaration that contradicts the terms and provisions of this supplemental declaration shall be effective as to the Subject Property without the written consent of March Mountain, its successors or assigns. If there is any conflict between the terms and provisions of the Declaration and the terms and provisions of this supplemental declaration, this supplemental declaration shall control as to the Subject Property. [SIGNATURE PAGES FOLLOW] 5 (2334584-1,112880-00001-03) 201800008179.008 WITNESS the following duly authorized signatures and seals: JA-ZAN, LLC, a Virginia limited liability company By: Name: c .7� r� n -e J .✓c� c� Title: Manager COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: The foregoing eed was acknowledged before me this / *- day of Lc 2018, by �CL n n e .11 9 �_b 0/1J , as Manager of Ja-Zan, LLC, a Virginia limited liability company, on its behalf. Notary Public Registration No. Expiration Date / v .3 CATHERINE H. FITZGERALD NOTARY PUBLIC REG. #E252832 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT. 31, 2021 6 (2334584-1,112880-00001-03) 201800008179.009 OLD TRAIL HEIGHTS LLC, a Virginia limited liability company By: Cornerstone Mgmt LLC, a Virginia limited liability company, its Manager By. Name: 'Re, i ek A • fv? L, rptr Its: W\ 0Avt aA e-4— By: Na q,: I v( Its: ,4 COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE, to -wit: The foregoing deed was acknowledged before me this de day of j ut y 2018, by 166 cl A. rn LACOV111 and Robe,+ C. AIoU , as Cornerstone Mgmt LL , a Virginia limited liability company, as Manager of Old Trail Heights LLC, a Virginia limited liability company, on its behalf. kA�m 4Lhla Notary- Registration No. T7111 y O'1 to Expiration Date 9I3o I Qoa71 E STtN AS7PU OFFITTNOTAEGISTRA076 MONWERGINIAY COMMPIRES SEPTEM21 {2334584-1,112880-00001-03} 201800008179.010 MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia li ed liability company By: Name: cc � C4 ZsLnV% Title: Manager COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: The foregoing deej was acknowledged before me this & day of & Cy 2018, by slu ., L Y, IJ rook-S , as Manager of March Mountain Properties, L.L.C., a Virginia limited liability company, on its behalf. PublicNotary Registration No. Expiration Date 1 31 CATHERINE H. FITZGERALD NOTARY PUBLIC REG. #252832 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT. 31, 2021 (2334584-1,112880-00001-03) 201800008179.011 EXHIBIT A [Insert Boundary Line Adjustment Plat] (2334584-1,112880-00001-03) 201800008179.015 180000g1TC�`CS pfpCE - 1NS,�UNIENc �� COURT ALgEMpR1� CO AT 09* am RECORDED Ju124, 2018C�RK by MEB JON R. ZUG, 0282 -00296 BpOK 05075 PAGE