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Home My WebLink AboutSUB201000156 Correspondence 2011-04-01 BD LAND PROPERTIES. LLC 4630 Hamner Road 434 960 5182 Charlottesville, VA 22903 Letter of Intent James M.Bonner and Janet V. Matthews,the undersigned,as sole members of BD Land Properties,LLC,do hereby agree that the single family homes to be built on lots Al,A2, Cl, C2,C3, C4, C5, C6 C7 and C8 located Tax Map Parcels 77E1-2-A and 777E1-1-C in Willow Lake View as shown on the plat dated March 23, 2011,by Brian Smith,P.E. shall be subject the governance of the entity known as the Willow Lake Property Owners Association,as set forth in their Covenants and Restrictions dated June 21`, 1985. Such governance will take place after the completion of construction of the homes,following the granting of a Certificate of Occupancy by the County of Albemarle.The land designated as Open Space will also pass in to the governance of Willow Lake Property Association. Until such time as transfer of governance takes place the lots and homes shall be subject to the Covenants and Restrictions of Willow Lake View Property Owners Association. (attachment 1)At the completion of the final single family home to be constructed Willow Lake View Property Owners Association will be dissolved and all properties shown on the above referenced plat will become the responsibility of Willow Lake Property Owners Association. James M. Bonner date Janet V. Matthews date Tax Map Parcels: 77E 1-01-00-01700, 77E 1-01-00-000B0, 77E 1-01-00-00000, 77E 1-02-00-000A0 WILLOW LAKE VIEW SUBDIVISION DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS This DECLARATION is made this 1st day of April, 2011, by BD Land Properties LLC (the "Declarants"). WITNESSETH: FACTUAL BACKGROUND. The Declarants are the owners of certain real estate situated in Albemarle County, Virginia, and desire to subject the properties shown on a subdivision plat of Brian P. Smith, Civil Engineer, Inc.,dated March 23, 2011 attached hereto (hereinafter referred to as the "Plat"and"Properties")to the covenants, restrictions, conditions,and reservation hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. ARTICLE 1. DEFINITIONS The following words when used herein shall have the following meanings: Section 1.01 "Declaration" shall mean the covenants, restrictions, conditions, reservations and all other provisions herein set forth in this entire document, as same may from time to time be amended. Section 1.02 "Declarants" shall mean and refer to BD Land Properties LLC and their assigns,together with any successor to all and any portion of the Properties. Section 1.03 "Properties" shall mean and refer to the property shown and described on the Plat described in Factual Background above. Section 1.04 "Lot" shall mean and refer to any one of the plots of land designated as Lot on said Plat, and any subdivision thereof. Section 1.05 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performances of an obligation. 1 Section 1.06 "Common Property" shall refer to all real property designated as "open space" on plat attached hereto, owned and administered for the common use and enjoyment of the owners and residents of willow Lake View. Section 1.07 "Architectural Contract Board" shall mean and refer to the board established in Article II below for the purpose of controlling and regulating the development and the external design, appearance and use of the Lots and the structures and other improvements thereon. ARTICLE II. ARCHITECTURAL CONTROL BOARD Section 2.01 "Purpose" The Architectural Control Board, (hereinafter referred to as"ACB"), shall control and regulate the development and the external design appearance and use of the Lots and the structures and other improvements thereon. Section 2.02 "Formation of Architectural Control Board" So long as Declarants own any of the Lots shown on the Plat,the ACB shall contain three(3) members, one of whom shall be a Board member of the Willow Lake Property Owners Association,selected by the Willow Lake POA Board. The members will serve at the pleasure of Declarants and may be removed and replaced as Declarants desire. When Declarants no longer own any of the Lots shown on the Plat,the ACB shall be chosen by majority vote of the Owners. Section 2.03 "Architectural Review" No building,wall, or other structures, temporary or permanent, shall be erected, altered, added to,or placed on any Lot until the proposed plans and specifications for such building, wall, or other structure, including, but not limited to, fmal floor plans,building elevations, exterior color and fmish plans, site plans and construction time schedule have been approved in writing by the ACB. Every effort shall be made by the Owner and his representatives to affect a safe, clean and expedient construction period. Once construction has commenced,the exterior must be completed within one (1)year. Each Owner shall be responsible to the ACB for the actions of his representatives,their employees or subcontractors. Any damage to or disturbances of other Lots or roads shall be repaired promptly at the expense of the Owner. This section is in no way meant to interfere with the Owner's ability to be indemnified by the person or firm causing such damage or disturbance. ARTICLE III. GENERAL USE RESTRICTION Section 3.01 "Permitted Buildings"No buildings other than one (1)permanent single family dwelling and accessory buildings thereto shall be erected per development right placed or permitted to remain on any Lot. The number and character of permissible accessory buildings on any particular Lot shall be determined by the ACB and may differ as between Lots depending on acreage,topography and other factors. Section 3.02 "Property Use" No retail outlet of any nature will be allowed. 2 Section 3.03 `Boundary Plans" The plans and specifications of all proposed buildings must be submitted and approved by the ACB prior to construction and every building shall be placed on the Property in the position approved by the ACB. Architectural continuity may be a consideration. Section 3.04 "Restriction" No incinerator or other refuse burning device shall be erected or maintained upon the property. Section 3.05 "No Temporary Structures,Mobile Homes, etc." No mobile home or shack may be erected,placed or permitted to remain on any Lot. The ACB shall determine whether a proposed structure is prohibited by this Section 3.05. No unlicensed or abandoned cars or trucks shall remain on any lot. Section 3.06 "Noxious or Offensive Activities" No nuisance shall be maintained upon the property by any Owner and it shall be left to the sole discretion of the ACB to determine if any nuisance exists after the registering of a signed, written complaint. No noxious or offensive activity shall be permitted within the Property. No unreasonably loud or annoying noises or noxious or offensive odors shall be emitted beyond the lot lines of any Lot. No animal may be kept within the Property in such a manner as to constitute a nuisance. The ACB is given full authority and power to abate any nuisance found to be existing after giving the Owner written notice and after the Owner has failed to act to abate such nuisance within a reasonable period. Section 3.07 "Signs" No sign of any kind,with the exception of a standard real estate"For Sale"sign, shall be displayed in the public view on any Lot without prior written consent of the ACB. Section 3.08 "Pets" No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot other than common household pets. All animals must be kept within property lines. It shall be the responsibility of the owner to maintain the Property Lines. It shall be the responsibility of the owner to maintain the Property in such a manner so as not to be offensive. All pets must be on a leash and under the supervision of the Owner of the pet at all times when the pet is outside of the Owner's home or fenced yard. Barking dogs may not be left unattended. Pet droppings are the responsibility of the Owner of the pet, and must be promptly removed and cleaned up, whether in the Common Area or on any Lot. Section 3.11 "Exterior" The exterior of all buildings on the Property shall be wood,wood siding(or a Hardiplank type or equivalent quality material), brick or stone, and there shall be no use as exterior siding for any building on the property of metal,tar paper, asphalt, plywood, chipboard, fiberboard or other manufactured composite wood fiber siding. A good quality vinyl siding or other high quality material may be used if approved by the ACB. Section 3.12 "Easement Reservation" Declarants reserve the right for the ACB, its successors and assigns, a perpetual, alienable and releasable easement on, over and 3 under the Lots to erect,maintain and use electric, community antennae television, cable television and telephone poles, wires, cables,conduits, drainage ways, sewers,water mains and other suitable equipment for the conveyance and use of electricity,telephone equipment, gas, sewer,water drainage or other public conveniences or utilities on, in, or over such Lot or Lots. These easements and rights expressly include the right to cut any trees,bushes or shrubbery to perform grading or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. The ACB further reserves the right to locate well,pumping stations, siltation basins and tanks within the Lots and any open space or on any Lot designed for such use and shall be responsible for the maintenance of common property and said open space. Any actions taken under this section shall be solely for the benefit of the lot or Lots in Willow Lake View Subdivision. The ACB will appoint an agent for the purpose of executing any easements or other documents necessary to carry out the intent of this section. The initial agent is BD Land Properties LLC who shall serve until his resignation whether or not he owns a lot. Section 3.13 "Restrictions to Implement Effective Environmental Controls" In order to protect the natural beauty of the vegetation,topography and other natural features of all properties within Willow Lake View and the beauty and purity of the lake area in the adjoining Willow Lake properties the following environmental controls are hereby established: (a) Topographic and vegetation characteristics of properties within Willow Lake View shall not be altered by removal,reduction, cutting, excavation or any other means without the prior written approval of the Declarant. Written approval will be granted hereunder only after a plan designed to protect the lake from pollution resulting from erosion,pesticides or the seepage of fertilizer or other materials has been submitted to and accepted by the Declarant. (b) No trees, shrubs or other vegetation may be removed without the written approval of the Declarant. Approval for the removal of trees located within ten(10)feet of the main dwelling or accessory building or within ten(10) feet of the approved site for such building will be granted unless such removal will substantially decrease the beauty of the property. (c) In order to implement effective and adequate erosion control and protect the purity and beauty of the lake,the Declarant, its successors and assigns, and agents shall have the right to enter upon any property for the purpose of performing any grading or landscaping work of constructing and maintaining erosion prevention devices. Such entries shall, however,be made only after construction of improvements have commenced on such property or the soil thereof has been graded. Provided, however,that prior to exercising its right to enter upon the property for the purpose of performing any grading or landscaping work or constructing or maintaining erosion prevention devices, the Declarant, its successors and assigns, shall give the owner of the property the opportunity to take any corrective action required by giving the owner of the property notice indicating what type or corrective action is required and specifying in that notice that immediate corrective action must be taken by the 4 Owner. If the Owner of the property fails to take the specified corrective action immediately, the Declarant shall then exercise its right to enter upon the property in order to take the necessary corrective action. The cost of such erosion prevention measures when performed by the Declarant shall be kept as low as reasonably possible. The cost of such work,when performed by the Declarant, its successors or assigns shall be paid by the Owner thereof. (d) The lake in the adjoining property currently known as Willow Lake is an important resource to the community. In order to insure that, Declarant shall promulgate and may amend from time to time rules and regulations which shall govern such sensitive environmental activities as the application of fertilizers and pesticides and other chemicals, erosion control measures and any other activities as may materially affect the waters of the lake. Failure of any owner or tenant of property in Willow Lake View to comply with the requirements of such rules and regulations shall constitute a breach of these covenants. The Declarant hereby reserves unto itself a perpetual, alienable and releasable easement and right, on, over and under all property in Willow Lake View for the purposes of taking any action necessary to effect compliance with the environmental rules and regulations. The cost of such action by the Declarant shall be paid by the Owner(s) of the property upon which the work is performed. The provisions of this paragraph shall not be construed to be an obligation of the Declarant to take any action to effect compliance with the environmental rules and regulations. Section 3.14 "Declarants/Modifications" The Declarants may altar, waive, or modify any of the foregoing building and other restrictions so long as their substantial character is maintained. Section 3.15 "Restrictions" These restrictions shall be binding upon all occupants, guests and tenants of the Owners of the Property. Section 3.16 "Restriction Duration and Assignment" These restrictions shall inure to the benefit of and be binding upon the Declarants and the Owners,their respective heirs, executors, administrators,successors and assigns. As a residence is constructed on each Lot and a certificate of occupancy issued by the County of Albemarle,the Declarant shall subject such Lot to the Willow Lake restrictive covenants and this Declaration will no longer be binding upon the Lot. At such time as the last Lot has a residence constructed on it and the sale of the Lot is completed, the Declarant will transfer any Open Space to the Willow lake Property Association. At that time this Declaration shall terminate and all properties described herein shall be subject only to the Willow Lake restrictive covenants. Section 3.17 "Severability" The restrictions herein contained are severable and the invalidity or unenforceability of any restriction shall not affect the validity or enforceability of any other restrictions. 5 Section 3.18 "Enforcement" Enforcement of the provisions of this declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate the covenants either to restrain violation or recover damages or both. Such action may be brought by the Declarants, or its successors, as developer, or the Owner of any Lot. Any and all legal action(s) must be undertaken in the Albemarle County Court system. ARTICLE IV. OTHER PROVISIONS Section 4.0 "Notice" 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 prepaid to the last known address of the Owner as appears on the real estate tax records of the County of Albemarle, Virginia. Section 4.1 "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 Lots. After the Declarant has conveyed all of such Lots,this Declaration may be amended or modified by the Owner(s) of a majority of the Lots. Section 4.2 IN WITNESS WHEREOF,this Declaration has been executed by BD Land LLC. BD Land LLC BD Land LLC COMMONWEALTH OF VIRGINIA, CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this day of 2011, by BD Land LLC. My commission expires: Notary Public 6 (Pace 1 of 51) • e! c e75 r tO0n 2495 WILLOW LAKE DECLARATION OF VALUE PROTECTION & COVENANTS CONDITIONS & RESTRICTIONS The primary purpose of these covenants and restrictions and the foremost consideration rn the origin of same has been the creation of a community which is aesthetically pleasing and functionally convenient. THIS DECLARATION made this 21st day of June, 1985, by WILLOW LAKE ASSOCIATES, LTD., hereinafter referred to as "Declarant', WITNESSET H: WHEREAS, Declarant is the owner of certain real property located in Albemarle County, Virginia, and described as follows: Lots 2 - 17 , Future Townhouse Area containing 165,360 square feet, Future Townhouse Area containing 134,452 square feet, Future Townhouse Area containing 88,312 square feet, roads , Common Area, Recreation Area, shown on plat showing subdivision of Phase One, Willow Lake, Scottsville District, Albemarle County, Virginia, dated April 23, 1985, attached hereto, recorded along with and made a part hereof. This is a portion of the property which was conveyed to Willow Lake Associates, Ltd., a Virginia corporation, by deed of Joseph W. Richmond and Junius R. Fishburne, Trustees, dated February 14, 1985 and recorded in the Clerk's Office of the ATOC6UAL G►awoww CAMP Am ATKINS AT70 UVM MI COLONSALCOS AT LAW OIMOTTOr4L 1/A B ook:175,Pace:: (Page 2 of 51) • rnIK ^ 7 5 m70 0 0 Circuit Court of Albemarle County, Virginia, in Deed Book 827, page 555. Lot 1 containing 200,925 square feet, shown on said plat, is not subjected to this Declaration at this time; and desires to create thereon a planned community, known as "Willow Lake'; WHEREAS, Declarant desires to provide for the protection and enhancement of the value and desirability of Willow Lake and for the maintenance of Willow Lake and to this end, Declarant desires to subject the real property described in- Section 2.01 hereof, together with such additional real property as may hereafter be subjected to this Declaration, to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, each and all of which is and are for the benefit of said real property and the owners thereof; and WHEREAS, Declarant has deemed it desirable to create an agency to which shall be delegated and assigned the powers of owning, maintaining and administering the community common properties; administering and enforcing these covenants, conditions and restrictions; collecting and disbursing the assessments and charges hereinafter created; and promoting the recreation, health, safety, common good and general welfare of the residents of Willow Lake; and to �GG,:�) this end, Declarant has incorporated under the laws of the 0` State of Virginia a non-profit, non-stock corporation known WOJAILCALAAOUM GMWORAMATIONS 2 AnmMns ro ODOR AT LAW OMRORTUMB LL VA Book:675,Page:1 (Page 3 of 51) • rn 175 We."f)f1 as •Willow Lake Property Owners Associations, Inc.", for the purpose of exercising such functions. NOW THEREFORE, Declarant hereby declares that the real property described in Section 2.01 hereof, and such additions thereto as may hereafter be made pursuant to Section 2.02 hereof, shall be held, transferred, sold, conveyed, leased, donated, devised, inherited and occupied subject to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, and any valid amendments or supplements hereto. These covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions hereinafter set forth shall run with the land and shall be binding upon any and all parties who-have, or shall acquire, any right, title, or interest in all or any part of the real property subject to this Declaration, and shall inure to the benefit of each Owner thereof. ARTICLE I - DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: Section 1.01. 'Willow Lake' shall mean and refer to the real property described in Section 2.01 hereof which is hereby subjected to this Declaration, together with such other real property as may hereafter, from time to time, be ^ added thereto under the terms of Section 2.02 hereof. )4 MCCl1RM:CAUAGIW4 CART{R AIO ATKINS ATTOM1lt•*MD 3 aa•noar AT Mr owro+tnvtut,VA Book:875,Page:: (Page 4 of 51) • • • to 7 5 ?A!! 0'0 !. Section 1.02. "Declarant" shall mean and refer to Willow Lake Associates, Ltd., a Virginia corporation, and any successor to or assignee of it as developer. Section 1.03. "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. Section 1.04. "Supplementary Declaration" shall mean and refer to any declaration of covenants, conditions and restrictions which may be executed and recorded by Declarant which extends the provisions of this Declaration to additional real property, and to any declaration of covenants, conditions and restrictions which may be executed and recorded pursuant to Section 11.04 hereof which imposes additional, modified, supplementary or complementary provisions, covenants, conditions and/or restrictions upon the real property then subject to this Declaration. Section 1.05. "Lot" shall mean and refer to any plot of land numerically designated and shown or described on any recorded plat of any portion of Willow Lake, with the exception of Common Properties and Public Roads. Section 1.06. "Owner" shall mean and refer to the 4 record owner, whether one or more persons or entities, including 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 an roaA+st CALLAGHAN C/ T A"O AT, 4S A_NIN"r"AMC 4 CO ANUAM"AT LA. OWILOr70YLlC 110. Book:575,Page:: (Page 5 of 51) • rftpvn75 r obligation. In the case where a Lot is held by one or more • persons for life with the remaining to another or others, the term "Owner" shall mean and refer only to such life tenant or tenants until such time as the remainderman or remaindermen come into use, possession or enjoyment of such Lot. Section 1.07. "Association" shall mean and refer to Willow Lake Property Owners Associations, Inc., a non-profit, non-stock corporation incorporated under the laws of the State of Virginia, its successors and assigns. Section 1.08. "Member" shall mean and refer to every 1 person or entity who holds membership in the Association. Section 1.09. "Board of Directors" shall mean and refer to the Board of Directors of the Association. Section 1.10. "Public Roads" shall mean and refer to the publicly dedicated roads named Willow Lake Drive, Maple View, Teresa Court and Island Court as shown and described on the subdivision plat described in Section 2.01 hereof, together with such additional publicly dedicated roads as may hereafter be created to serve such additional real property as may hereafter be added to Willow Lake. Section 1.11. "Common Properties' shall mean and refer to all real property (including improvements thereto) designated as "Common Area", "Parking Area", "Island", "Recreation Area", or 'Private Road' on any plat or plats attached hereto or shown on subsequently recorded plats of rccuML CALLAGHAN CARTER MO ATTQNS 5 A7rOAMlt"AND W "OO �9" AT LAN auftortersous.v. ERi Book:875,Page:: (Page 6 of 51) _ _ •.env n 7 r rieen 0 n r Willow Lake, owned and administered for the common use and enjoyment of the Owners and residents of Willow Lake. Section 1.12. 'Community Assessments" shall mean and refer to the charges, fees and liens imposed upon Lots for community purposes as provided in this Declaration. Section 1.13. 'Townhouse Special Service Assessments' shall mean and refer to the charges, fees and liens imposed only upon Lots containing townhouses for the purpose of providing the periodic painting, caulking and/or staining of the exterior walls and maintenance, repair an d a d replacement of roofs, gutters, downspouts and drains, snow removal, landscaping, •ground and parking lot maintenance of townhouses as provided in this Declaration. Section 1.14. 'Architectural Control Board' shall mean and refer to the Board established in Article IX hereof for the purpose of regulating the external design, appearance and use of the Lots, Common Properties, Parcels, and improvements thereon. Section 1.15. "Exterior Maintenance of any Lots not Covered by the Townhouse Special Service Assessments. There shall be no exterior maintenance of Lots not covered by the Townhouse Special Service Assessments except as to forced maintenance or repairs as provided for herein. ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION Section 2.01. Existing Property: The real property which at this time is, and shall be held, transferred, sold, conveyed, donated, leased, devised, inherited, and occupied PLOCLUNC.CALLAGHAN CARTER MID Amami ATT" B1Ri MID 6 M cawrarr n ur cwwalslaai, Book:575,Page:] (F', ^ 5'_) • r�nv )'75 rA'Kf007 subject to the covenants, restrictions, easements, conditions, reservations, liens and charges set forth in this Declaration are all lots which are subdivided into single family or townhouse Lots, together with Common Areas, Parking Areas, Islands, and recreation areas as shown on subdivision plat of Willow Lake, Albemarle County, Virginia, prepared by Gloeckner, Lincoln & Osborne, Inc., dated April 23, 1985 and attached hereto as Exhibit A and made a part hereof. Section 2.02. Additions to Existing Property: Declarant shall have the right (but not the obligation), with further consent of the Association or of other Owners, to bring within the plan and operation of this Delcaration and the jurisdiction of the Association all or any portion of future stages of development of "Willow Lake', provided, that such additions are permitted by existing or future County zoning provisions. Such additions may be made as one tract or as several smaller tracts at different times. To make any addition authorized by this section, Declarant shall file a Supplementary Declaration with respect to the real property being added to "Willow Lake' which shall extend the operation and effect of this, Declaration, and the jurisdiction of the Association, to such added real property. A Supplementary Declaration filed by Declarant /40) may contain such complementary conditions and modifications of the covenants, conditions and restrictions contained in Mau OL COL OMW C.ARTVI MIO ATID>IS 7 ATTWWWW MO COMMONS AT LAW CIMYO T .LL V& —Amok Book:875,Page:: (Page 8 of 51) ---- - —.r- —.r- -- - pn�p p 7 5 rtrt nn this Declaration as may be necessary or desirable to reflect the different character, if any, of the added real property. All or any portion of such added real property may be : -^red to one or more Condominium Declarations. ARTICLE III - ASSOCIATION NETWORK Section 3.01. Association: Willow Lake Property Owners Association, Inc., is a non-stock membership corporation which has been incorporated under the laws of the State of Virginia for the purpose of applying, administering and enforcing the covenants, restrictions, conditions, liens and charges contained in this Declaration; for the purpose of owning, maintaining and administering the Common Properties; and for the purpose of providing the maintenance within Willow Lake as set forth in this Declaration. ARTICLE IV - COMMON PROPERTIES Section 4.01. Composition: The Common Properties consist of all Common Areas, Parking Areas, Islands, Private Roads and Recreation Areas, shown and described on any recorded plat of any portion of Willow Lake. At present, the Common Properties consist of the Common Areas, Recreation Areas, Parking Areas, Islands, and Private Roads as shown and described on the plats of subdivision of Phases or Sections of Willow Lake, to be recorded in the future. I Section 4.02. Legal Title: Immediately following the ,40 recordation of this Declaration in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, the Declarant was,cauMauw CARra A areaMMIOMMSMO OOUNelle-RT LAw OMi(VN Book:875,Page:1 (P f 51) • r•r. n 7 shall convey legal title to the Common Properties to the Association. Section 4.03. Establishment of Parking Areas: Declarant does hereby establish and impose for the benefit of all Lots in Blocks A through T, Willow Lake, private easements upon the Parking Areas shown on the attached subdivision plat of Blocks A through T, Willow Lake, made by Gloeckner, Lincoln i Osborne, Inc., dated and attached hereto as Exhibit A and made a part hereof, for the purpose of parking motor vehicles. Section 4.04. Regulation of Traffic and Parking: The Board of Directors of the Association shall have the power to place any reasonable restrictions upon the use of the Parking Areas, including the establishment of speed limits and of limitations upon the number of motor vehicles that each Owner may park within Willow Lake. Each townhouse Lot shall be entitled to the use of two parking spaces within the Parking Areas for the purpose of parking motor vehicles. The use of one such parking space shall be exclusive, and the use of the other such parking space shall be non-exclusive. The Association shall assign such exclusive parking spaces to the respective Lots. Section 4.05. Easement of Enjoyment of Common Areas: Each Owner, the immediate family of each Owner, the guests of each Owner, and the tenants of each Owner shall have a fQ right and easement of use and enjoyment of the Common Areas MCCLURE.CALLAGHAN CART!R NM ATMS& 9 ATT RdV$YID COMM. Al LAVA 04AO1017:.MRLL•L Book:875,Page:_ (Page 10 of 51) • • • en 7 5 n l n and any facilities situated thereon subject to the following: (a) No obstruction or storage within the Common Areas permitted with the express prior written consent of the Association; (b) The right of the Association to limit the number of guests of the Owners and to establish and charge reasonable admission or other fees for use of any recreational facilities situated upon any portion of the Common Areas; and (c) The right of the _.ssociation to place reasonable restrictions upon the use of the Common Areas. ARTICLE V - EASEMENTS Section 5.01. Drainage and Utility Easements: Declarant reserves unto itself, its successors and assigns, a perpetual and alienable easement and right of way above ground and underground through all areas subject to this Declaration and any Supplementary Declaration, whether within the boundaries of Lots, Parcels, or Common Properties, and excepting only land beneath approved buildings, to construct, maintain, inspect, replace and repair electric and telephone lines, wires, cables, conduits, sewers, pipes, water mains, and other suitable equipment and facilities for the conveyance of water, sewer, gas, telephone, electricity, television, cable, exterior /409 lighting and other utilities and public conveniences and for storm and surface water drainage, including pipes, ditches, tloauuc CALLAGHAN GIRO!ate ATM{ 10 MAMMON AT UM OVALOTTIMIRILLA.VA Book:875,Page:] (Pace 11 of 51) V -- • • • !Trc !75 ,r.001 1 culverts and other suitable facilities for the disposition of storm and surface water drainage together with the right of ingress and egress to all such facilities and easements for the construction and maintenance thereof. The easements provided for in this section shall include the right to cut any trees, brush and shrubbery, make any grading of soil, and take other similar action reasonably necessary. The rights herein reserved may be exercised by any licensee of Declarant, but shall not be deemed to impose any obligation upon Declarant to provide or maintain or be responsible for the lapse or temporary interruption of services except as herein and otherwise provided. Any damage to property resulting from the use of the easements hereby reserved shall be promptly repaired at the expense of the party causing such damage. Section 5.02. Encroachment: Declarant reserves unto itself, its successors and assigns, a perpetual and alienable easement to the extent that any structure on any Lot encroaches on any other Lot, Parcel or the Common ' Properties whether by reason of: (a) initial design and construction, (b) deviation from the plats and plans (or any errors thereon) in the construction, repair, renovation, 1 restoration and replacement of any structure, or (c) settling or shifting of any land or improvements. ARTICLE VI - MAINTENANCE OP WILLOW LAKE Section 6.01. Maintenance of Roads, Parking Areas, Sidewalks and Walkways: rccu mm CALLAGHAN CAMMIG wo ATIMA ATTAINS,.AND 11 Cw.T.na..IT uw OVALOITIOPAUJL r. Book:875,Page:7 (Page 12 of 51) • • • :771` ?75 'TV 1 !) (a) Public Roads: The initial construction of • Public Roads shall be borne and completed by Declarant, and Declarant shall repair and maintain Public Roads until they have been accepted into the highway system of the State of Virginia for public maintenance. (b) Parking Areas: Parking Areas are privately owned and require private maintenance by the Association. The initial construction of Parking Areas shall be borne and completed by Declarant. Thereafter, the repair, maintenance, upkeep, improvements, enhancement and replacement of Parking Areas shall be borne by and be the responsibility.of the Association. (c) Sidewalks and Walkways: The sidewalks and walkways within the common properties are privately owned sidewalks and walkways and require private maintenance by the Association. The initial construction of all sidewalks shall be borne and completed by Declarant. Thereafter, the repair, maintenance, upkeep, improvement, enhancement and replacement of the sidewalks and walkways shall be borne by and be the responsibility of the Association under the Townhouse Special Service Assessments. Section 6.02. Maintenance of Drainage and Storm Water Runoff Control Measures: The County of Albemarle, Virginia, has required certain drainage and storm water runoff control measures to be constructed, maintained, inspected, replaced and repaired as a part of its approval of the development of Willow Lake. The initial construction of the drainage and ..UAL OLLuoww CM1IR AM.A11WS5 12 Arromigy.ma. comm.*AT w arwerssraac VOL Book:875,Page:1 (Page 13 of 51) ,• • ? 7r storm water runoff control measures shall be borne and completed by Declarant. Thereafter, the repair, maintenance, upkeep, improvement, enhancement, replacement, and any modifications of the drainage and storm water runoff control measures shall be borne by and be the responsibility of the Association. Section 6.03. Maintenance of Identification Signs, Exterior Lighting Systems and Irrigation Systems: Declarant has determined that it is desirable to construct, install and maintain community and street identification signs, free-standing exterior lighting, and irrigation systems (to provide water to grass and other plantings) within Willow Lake. The initial construction and installation of community and street identification signs, free-standing exterior lighting, and irrigation systems as deemed appropriate by Declarant shall be borne and completed by Declarant. Thereafter, the repair, maintenance, upkeep, improvement, utility costs, enhancement and replacement of community identification signs, free-standing exterior lighting, and irrigation systems shall be borne by and be the responsibility of the Association. Section 6.04. Maintenance of Grounds: The initial grading, seeding and landscaping of Common Areas, Islands, landscape easements and recreational areas as deemed appropriate by Declarant shall be borne and completed by Declarant. Thereafter, the Association shall be responsible /09 for the maintenance of all grass, and the maintenance of, Moa1JAc.CALLAGHAN CANTIA MD ATIQIS .,,oas.ro 13 w ooYM.0 OSS n LAW Book:875,Page:: (Page 14 of =1) • • arc °,5 hM�O and in its discretion, the replacement of, all shrubbery and other plantings, which are either natural, or were planted by Declarant, within Common Areas, Islands, landscape easements and Recreation Areas, and the costs of such maintenance shall be an expense of the Association out of Community Assessments. All such maintenance for Townhouse Lots shall be within the Townhouse Sepcial Service Assessments except the landscape easements which shall be maintained out of the Community Assessments. Section 6.05. Maintenance of Party Walls: (a) General Rules of Law to Apply: Each wall which is built as a part of the original construction of any structure upon the real property subject to this Declaration and placed on the dividing line between Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Section 6.05(b), the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (b) Sharing of Repair and Maintenance: The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. (c) Destruction by Fire or Other Casualty: If a party wall is destroyed or damaged by fire or other AO) L casualty, any Owner who has used the wall may repair or I� restore it, and if the other Owners thereafter make use of roauw<CAUMOKAN aura iwsATwsximminlime 14 10111 AT tam COVIIKOMMiL VA. Book:875,Page:1 (Page 15 of 51) r • • • Pry,. 07S wrnO ! 5 the wall, they shall contribute to the cost of repair or restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. (d) Weatherproofing: Notwithstanding any other provision of this Section 6.05(b) , any Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. (e) - Right to Contribution Runs with Land: The right of any Owner to contribution from any other Owner under this Section 6.05(b) shall be appurtenant to and run with the land and shall pass to such Owner's successors in title. (f) Association's Right to Repair and Maintain: In the event that any Owner shall fail to maintain a party wall in a manner satisfactory to the Board of Directors, the Association after thirty (30) days prior written notice to such Owner and upon affirmative vote of a majority of the Board of Directors shall have the right (but not the obligation), through its agents and employees, to enter upon such Lot and to repair, maintain, and restore the party Ail' wall. The cost of such repair and maintenance shall be added to and become a party of the Community Assessment to which such Lot is subject. MCCLURE CALLAGHAN CAMP AAA ATOM AT10ANDA AMC 15 MANSSLASIS AT LAW CAANUTTEPONIAA.VA Book:c7=,Face:_ (Page 16 of 51) • • P. 7 r ^pr." f t 6 Section 6.06. Maintenance of Lots and Structures on Lots: (a) Exterior Painting and/or Staining and Maintenance of Roofs, Gutters, Downspouts and Drains, Snow Removal, Landscaping, Parking Lot and Ground Maintenance of Townhouses by Association: The Association shall provide the periodic painting, caulking and/or staining of the exterior walls and shall maintain, repair and replace, as needed, the roofs, gutters, downspouts and drains, snow removal, landscaping, ground and parking lot maintenance (Townhouse Repairs and Maintenance) of all townhouses at such times and in such manner as the Board of Directors of the Association shall determine. The cost of such Townhouse repairs and maintenance shall be borne by the Association through levy of the Townhouse Special Service Assessment; provided, however, that in any case where Townhouse repairs or maintenance, is caused by the willful or negligent act of the Owner, his family, guests or invitees, or by fire or other casualty, the costs of such Townhouse repairs and maintenance shall be borne by such Owner and shall be added to and become a part of the Townhouse Special Service Assessment to which is Lot is subject. (b) Maintenance by Owner: To the extent that the maintenance of any Lot and structures thereon is not required to be performed by the Association, the Owner of such Lot shall perform such maintenance, repair, and woa•CALLAGHAN wnu AND AHNO ArNarays AMo 16 COYTlf AT LAW ' MLiW OVIA{OT IATAAL VA Book:875,Page:1 (Page 17 of 51) —— F'r . •-+ter -. -�.. • �Mr 7 [ rur'Rr, 1 j replacement, and shall keep his Lot and all structures thereon in good order, condition and repair. (c) Additional Maintenance by the Association: In the event that any Owner shall fail to maintain, repair, and/or replace any item of maintenance, repair, or replacement for which he is responsible in a manner satisfactory to the Board of Directors, the Association after thirty (30) days prior written notice to such Owner and upon affirmative vote of a majority of the Board of Directors shall have the right (but not the obligation) to provide such maintenance, repair, and/or replacement as in the opinion -of a majority of the Board of Directors is required, and the cost thereof shall be assessed against the Owner of any such Lot, and added to and become a part of the Community Assessment to which such Lot is subject. 6.07 Obligation to Rebuild Structures: In the event that any structure, or any portion thereof, on any Lot cr Parcel shall be damaged or destroyed by fire, windstorm, casualty, or any other cause whatsoever, the Owner of such Lot responsible for such Parcel shall be responsible for and shall bear the cost of the rebuilding, reconstruction and/or restoration of such structure to the same standards, condition, appearance and specifications as existed prior to its damage or destruction. The rebuilding, reconstruction and/or restoration of any damaged and/or destroyed structure shall be commenced within sixty (60) days of such damage and/or destruction, and once commenced shall be diligently .kcaurc.OPAL auw CARTIR MO ATIW 17 ATTORNEYS AND COURESIORS AT LAW aw.TTORILL&VA. . - Book:875,Page:: (Page 18 of 51) . • • p pursued to completion, and in any case shall be completed within six (6) months from date of commencement thereof. In the event that such Owner shall fail to so reconstruct, rebuild and/or restore such damaged or destroyed structure for which he or it is responsible in a manner satisfactory to the Board of Directors, the Association after thirty (30) days prior written notice to such Owner and upon affirmative vote of a majority of the Board of Directors shall have the right (but not the obligation) to reconstruct, rebuild and/or restore such damaged or destroyed structure to the same standards, condition, appearance and specifications as existed prior to its damage or destruction, and the cost thereof shall be assessed against the Owner of such structure. 6.08. Insurance: Recognizing that the general aesthetic character and appear of Willow Lake depends in part upon the prompt reconstruction, rebuilding and/or restoration of any damaged or destroyed structure and that provisions should be made to assure that the necessary funds will be available for such purposes, each Owner of a Lot shall keep and maintain in full force and effect an 'all-risk" insurance policy on the structures located on his Lot providing insurance coverage against damage or loss from fire, windstorm, casualty or other insurable cause, to the full replacement cost of such structures. The Association f01 in its rules and regulations shall have the right to define f�� the types of insurance coverages and qualifications of mecum.CAL AO/WI CARTER AND A1ER S mmo.me YO 18 OOUM0.01111 ANN CT ARe*TOTNAL TN Book:875,Page:1 (Page 19 of 51) • • insurance companies acceptable for the purposes of satisfying the insurance requirements of this section. Each Owner of a Lot shall maintain on file with the Association a copy of his or its current insurance policy. In the event that any Owner of a Lot shall fail to maintain the policy of insurance for which he or it is responsible in a manner satisfactory to the Board of Directors, the Association upon affirmative vote of a majority of the Board of Directors shall have the right to provide such insurance coverage according to the standards of this section, and the cost thereof shall be assessed against the Owner of the Lot failing to provide the required insurance coverage and addition assessments shall be added to and become a part of the Community Assessment to which such Lot is subject. In the event that any Owner has a right or claim under an insurance policy for the recovery or payment of a part or all of the cost of repair or replacement of any item repaired and/or replaced by the Association, then such Owner shall pursue such right or claim to its fullest extent and shall promptly pay to the Association all proceeds of insurance attributable to such repair or replacement. 6.09. Easement for Maintenance: For the purpose of performing the maintenance on the Lots and/or Parcels required or permitted by this Declaration, the Association, a)09 through its duly authorized agents and/or employees, shall have a non-exclusive easement to enter upon, or in, any Lot and/or Parcel, and if absolutely necessary the structures MCCLUML CALLAGHAN GARTER MED Al S OS..MS 19.HP mRwraows AT RIM OMPOTTtWUL VA Book:875,Page:: (Page 20 of 51) _ 1111 4111 • vory C 7 C "Mr.! $. r' thereon, for the purpose of performing maintenance on such Lot and/or Parcel, or on any adjacent Lot and/or Parcel. Except in the case of an emergency, the agents and employees of the Association shall not enter the interior of any structure except upon reasonable written notice to the Owner thereof. The Association may, in its rules and regulations, establish the manner for giving such notice. 6.10. Additional Restrictions to Implement Effective Environmental Controls: In order to protect the natural beauty of the vegetation, topography, and other natural features of all properties within Willow Lake and the beauty and purity of the lake area in Willow Lake the following environmental controls are hereby established: (a) Topographic and vegetation characteristics of properties within Willow Lake shall not be altered by removal, reduction, cutting, excavation or any other means without the prior written approval of the Association. Written approval will be granted hereunder only after a plan designed to protect the lake from pollution resulting from erosion, pesticides or the seepage of fertilizer or other materials has been submitted to and accepted by the Association. (b) No trees, shrubs or other vegetation may be removed without the written approval of the Association. Approval for the removal of trees located within ten (10) iie feet of the main dwelling or accessory building or within ��JJJ(��• ten (10) feet of the approved site for such building will be SICCLUIPILCALLAOMAN GMTIMATWO le mse 20 mrNraaas AV w VMator+.sa<i..V. Book:875,Page:1 (Page 21 of 51) ITT( E.7 5 Pm!)C? granted unless such removal will substantially decrease the beauty of the property. (c) In order to implement effective and adequate erosion control and protect the purity and beauty of the lake, the Association, its successors and assigns, and its agents shall have the right to enter upon any property for the purpose of performing any grading or landscaping work of constructing and maintaining erosion prevention devices. Such entries shall, however, be made only after construction of improvements have commenced on such property or the soil thereof has been graded. Provided, however, that prior to exercising its right to enter upon the property for the purpose of performing any grading or landscaping work or constructing or maintaining erosion prevention devices, the Association, its successors and assigns, shall give the owner of the property the opportunity to take any corrective action required by giving the owner of the property notice indicating what type or corrective action is required and specifying in that notice that immediate corrective action must be taken by the owner. If the Owner of the property fails to take the specified corrective action immediately, the Association shall then exercise its right to enter upon the property in order to take the necessary corrective action. The cost of such erosion prevention measures when performed by the Association shall be kept as low as reasonable possible. The cost of such work, when performed WO-UM CALLAGHAN CARRR AlbATI S mown, 21 OOUMOOMATLaY commend mus.TA Book:875,Page:: (Page 22 of 51) . by the Association, its successors or assigns, shall be paid by the Owner thereof. (d) The lake in Willow Lake currently known as Willow Lake is an important resource to the community. The Association, their successors and assigns have a responsibility to avoid causing material adverse effect to the beauty, quality and purity of the waters thereof. In order to insure that this responsibility is fully met, the Association shall promulgate and may amend from time to time rules and regulations which shall govern such sensitive environmental activities as the application of fertilizers and pesticides and other chemicals, erosion control measures, use of lake surface, and any other activities as may materially affect the waters of the lake. Failure of any owner or tenant of property in Willow Lake to comply with the requirements of such rules and regulations shall constitute a breach of these covenants. The Association hereby reserves unto itself a perpetual, alienable and releasable easement and right, on, over and under all property in Willow Lake for the purposes of taking any action necessary to effect compliance with the environmental rules and regulations. The cost of such action by the Association shall be paid by the Owner(s) of the property upon which the work is performed. The provisions of this paragraph shall not be construed to be an obligation of the Association to take any action to effect compliance with the environmental rules and regulations. YoaUK.CALLAGHAN CAR=Nm Anima ATfsAOrs AMo 22 ,OM_M.Oss Al LAW CMAIIIMVIIMMAL.VA. Book:875,Pager (Page 22 of 51) (e) The Association shall have the exclusive right and duty to maintain the areas designated as Landscape Easement on any subdivision plats. Section 7.01. Voting Rights: The total number of residential dwelling units permitted by the County of Albemarle, Virginia, on Willow Lake is one hundred nineteen (119) residential dwelling units. Each Lot constitutes one (1) residential dwelling unit. With reference to this total potential number of residential dwelling units within Willow Lake of one hundred nineteen (119), the Association shall have two classes of voting membership: Class A: Class A Members shall be all Owners of Lots with the exception of the Class B Member. Class A Members shall be entitled to one (I) vote for each Lot owned by said Class A Member. In the event that more than one person or entity holds such interest in any Lot all such persons or entities shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to two (2) votes for each of the one hundred nineteen (119) potential and/or actual residential dwelling units which Declarant has Ae not transferred to a Class A Member in the form of a Lot.Declarant's Class B Membership shall terminate on the earlier of: (1) December 31, 2001, or (2) the date on which NuOWOO W WITIMANDATWO 23 ATINMONMSOMO OWMMUMOMIAW ONOVOMMR&&v. Book:875,Page:: (Page 24 of 51) � nY Q75 Per-90?• Declarant has transferred to Class A Members a total of eighty (80) of the one hundred nineteen (119) potential residential dwelling units. Declarant may terminate its Class B Membership at any time by filing with the Association and in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, a written certificate terminating Declarant's interest in Willow Lake as Class B Member. At such time as Declarant's Class B Membership terminates, Declarant shall become a Class A Member to the extent, and for the period during which Declarant owns any Lot in Willow Lake. Section 7.02. Board of Directors: The Board of Directors of the Association shall be elected by the Members as set forth in the By-Laws of the Association. Section 7.03. Powers and Duties of Board of Directors: The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by the Declaration or by the Articles of Incorporation and/or By-Laws of the Association required to be exercised or done by the Members of the Association. Section 7.04. Powers. and Duties of the Association: The powers and duties of the Association shall be those set forth in this Declaration and the Articles of Incorporation and By-Laws of the Association, as the same be amended from time to time. MdMIAMLOWOOMW CART NSOATwnmwmitImme 24 07110111111LONS At I o.urenOML VA. Book:875,Page:I (Page 25 of 51) ^i1r ARTICLE VIII - ASSESSMENTS Section 8.01. Types of Assessments: Within Willow Lake three types of assessments are permitted as follows: (1) Community Assessments made by the Association upon Lots, (2) Townhome Sepcial Service Assessment made by the Association only upon Lots containing townhouses for the purpose of providing the periodic painting, caulking and/or staining of the exterior walls and the maintenance, repair and replacement of roofs, gutters, downspouts and drains, snow removal and landscaping, ground and parking lot maintenance (Townhouse Repairs and Maintenance) of all townhouses, and (3) exterior maintenance on any lots not �. covered by the Townhouse Special Service assessment. Section 8.02. Community Assessments: (a) Creation of Community Assessment Lien: Declarant for each Lot hereby covenants, and each Owner of any Lot by acceptance of a deed or other instrument of conveyance therefor, including any purchaser at a judicial or trustee sale, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) all annual Community Assessments, fees and charges, and (2) all special Community Assessments for capital improvements, major repair, and/or extraordinary maintenance, and/or other extraordinary items, such special Community Assessments to be fixed, established and collected from time to time as hereinafter provided. The annual Community Assessments and !MCCUNE.CALLAGHAN CART AND AMIN* ATIOIIMLT5 AND 25 OCAASStlOA AT LAIN 6MKOTti LLL,YA Book:875,Page:: (Page 26 of 51) • : . . .. Y 75 orrR^? special Community Assessments, together with interest as hereinafter provided, costs of collection, and reasonable attorney's fee, shall be a charge upon the land and shall be a continuing lien upon the Lot against which each such Community Assessment is made as hereinafter provided. No Owner may waive or otherwise avoid liability for such annual Community Assessments and/or special Community Assessments by the non-use of the Common Properties or by abandonment of his Lot or rights in the Common Properties. (b) Purpose of Community Assessments: The Community Assessments levied by the Association shall be used to promote the enjoyment, health, safety and welfare of the residents in Willow Lake and in particular for the repair, maintenance, upkeep, improvement, enhancement and replacement of the Parking Areas, sidewalks, walkways, surface and storm water drainage facilities, lake, identification signs, exterior lighting systems, irrigation systems, and grounds of Common Areas, Islands, and landscape easements in Willow Lake as provided in this Declaration, and, if deemed necessary and/or appropriate by the Board of Directors of the Association, the advancement of the cost of any payment, repair and/or replacement of any item which is the responsibility of any Owner until such time as the additional assessment attributable thereto can be levied and collected from the Owner(s) responsible therefor. The o)#2 Association shall provide for snow removal within the Common Properties and for the collection of garbage and trash. YOCURIL CALAoww CARTERtwo Al $ 26 AMMei gins co1NlmioMAT W aamanamusom Book:875,Page:] (Page 27 of 51) Pb • nn ' 7 5 M^ 1 '3 7 7 4 (c) Basis and Maximum of Annual Community Assessments: The annual Community Assessments shall be made on the basis of a fiscal year beginning April 1st and ending March 31st. Until March 31, 1986, the maximum annual Community Assessment on each improved Lot (improved by completed residential structure for which a certificate of occupancy has been issued by the County of Albemarle, Virginia) shall be $200.00 per year. The maximum annual Community Assessment on each unimproved Lot shall at all times be 10% of the maximum annual Community Assessment on improved Lots. Each fiscal year thereafter, the maximum annual Community Assessment may be increased by up to 12% per year of the prior year's annual Community Assessment effective April 1st of each year by the Board of Directors of the Association, without a vote of the Members, which Board of Directors may fix such annual increase after due consideration of current and anticipated maintenance costs, appropriate depletion allowances, reserve funds, and other needs of the Association. Any increase requested by the Board of Directors in the usual annual Community Assessment above the annual 12% increase over the prior fiscal year's assessment must be approved by a majority of the quorum at a meeting of the Association duly called for this purpose. (d) Special Community Assessment: In addition to the annual Community Assessment authorized above, the a)09 Association may levy in any assessment year, a special Community Assessment applicable to that fiscal year only for rocumc ouL o►u,. CARTm N ATIWS A_____mo 27 COMMAND AT UM SIR VA mv— Book:875,Page:: (Page 28 of 51) • .,Y n - - -n n ,)n the purpose of defraying, in whole or in part, the costs of any major and/or extraordinary construction, reconstruction, repair or replacement of any part of the Parking Areas, sidewalks, walkways, surface and storm water drainage facilities, identification signs, lake, dam, erosion or pollution control constructions, exterior lighting systems, irrigation systems, and/or grounds of Common Areas, Islands, and landscaping easements, and, if deemed necessary and/or appropriate by the Board of Directors of the Association, the advancement of the cost of any payment, repair and/or replacement of any item which is the responsibility of any Owner until- such time as the additional assessment attributable thereto can be levied and collected from the Owners responsible therefor; provided that any such special Community Assessment shall have the consent of two-thirds of the quorum at a meeting of the Association duly called for this purpose. (e) Uniform Rate of Assessment: Both annual and special Community Assessments must be fixed at a uniform rate for all improved Lots as a class and all unimprove0. Lots as a class, and may be collected in advance on a quarterly basis. Section 8.03. Townhouse Special Service Assessments: (a) Creation of Townhouse Special Service Assessment Lien: Declarant for each Lot owned on which a townhouse is presently or shall hereafter be constructed hereby covenants, and each Owner of any such Lot by maxumLcaLmumm cAs1I*AroAtivr 28 aTf meets UIO COUIIAONS A7 M/ CIImOIeasma.11a Book:875,Page:1 (Page 29 of 51) 410 r.):7 ^ c n,Mn ^7G acceptance of a deed or other instrument of conveyance therefor, including any purchaser at a judicial or trustee sale, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) all annual Townhouse Special Service Assessments, fees and charges, and (2) all special Townhouse Special Service Assessments for townhouse repairs and maintenance, such special Townhouse Special Service Assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special Townhouse Special Service Assessments, together with interest as hereinafter provided, costs of collection and reasonable attorney' fees, shall be a charge upon the land shall be a continuing lien upon the Lot against which each such Townhouse Special Service Assessment is made as hereinafter provided. No Owner subject thereto may waive or otherwise avoid liability for such Townhouse Special Service Assessments by the non-use or abandonment of his Lot. (b) Purpose of Townhouse Special Service Assessments: The Townhouse Special Service Assessments levied by the Association shall be used for the purpose of providing the periodic painting, caulking and/or staining of the exterior walls and to maintain, repair or replace the roofs, gutters, downspouts and drains, snow removal and landscaping, ground and parking lot maintenance for all 009 townhouses (Townhouse repairs and maintenance) at such times roeLtlllt CALLAawlwr c&ae a o ATIpwN ATI0AIL19A Alp 29 COIMIINOOA{AT LAW OTAINIATITIAAILLL VA • Book:875,Page:' (Page 30 of 51) r-,.y 7 n!1 n and in such manner as the Board of Directors of the Association shall determine. (c) Basis and Maximum of Annual Townhouse Special Service Assessments: The annual Townhouse Special Service Assessments shall be made on the basis of a fiscal year beginning April 1st and ending March 31st. bntil March 31, 1986, the maximum annual Townhouse Special Service Assessment on each improved townhouse Lot (improved by completed townhouse structure for which a certificate of occupancy has been issued by the County of Albemarle, Virginia) shall be $150.00 per year. There shall be no annual Townhouse Special Service Assessment on any unimproved Lot or on any Lot improved by a structure other than a Townhouse. Each fiscal year thereafter, the maximum annual Townhouse Special Service Assessment may be increased by up to 12% per year of the prior year's annual Townhouse Special Service Assessment effective April 1st of each year by the Board of Directors of the Association, without a vote of the Members, which Board of Directors may fix such annual increase after due consideration of the current and anticipated costs and needs of the Association for the purpose of providing the Townhouse repairs and maintenance of all Townhouses . Any increase requested by the Board of Directors in the usual annual Townhouse Special Service Assessment above the annual 12% increase over the prior fiscal year's assessment must be approved by a majority of ma-unit.CALLAGHAN CAMCG AND ATND 30 ATIOONIVI AND OWNMOONO AT L.a CHADIMITOIMILIL Book:875,Page:1 ill!(Page 31 0` 51) II If^^Y nT = ""77's n11 the quorum at a meeting of the Association duly called for this purpose. (d) Special Townhouse Special Service Assessment: In addition to the annual Townhouse Special Service Assessment authorized above, the Association may levy in any assessment year, a special Townhouse Special Service Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the costs of any major and/or extraordinary Townhouse repairs and maintenance of any Townhouse, provided that any such special Townhouse Special Service Assessment shall have the consent of two-thirds of- the quorum at a meeting of the Association duly called for this purpose. (e) Uniform Rate of Assessment: Both annual and special Townhouse Special Service Assessments must be fixed at a uniform rate for all improved Townhouse Lots as a class, and may be collected in advance on a quarterly basis. Section 8.04. Date of Commencement of Annual Community Assessments and Annual Townhouse Special Service Assessments: The annual Community Assessment provided for herein shall commence as to all Lots on the 1st day of April, 1986. The annual Townhouse Special Service Assessments provided for herein shall commence as to all improved Townhouse Lots on the 1st day of April, 1986. The Board of Directors shall set the amount of the annual /A09 Community Assessment against each Lot and the amount of the annual Townhouse Special Service Assessment against each MCL{1M M O LA WW CAR?I AmATKUMl ATIOW[H M4 31 oaAwa.OAS At LAW ouuo.rA.TAAAL Book:875,Page:: (Pace b_ of 51) • • ""V ? 7 C fl ..":r1 improved Townhouse Lot, at least thirty days in advance of each annual assessment period. Written notice of the such annual assessments shall be sent to every Owner subject thereto. In the event that the amount set by the Board of Directors for a given annual assessment period is less than the maximum amount that the Board of Directors could have set, then the Board of Directors shall have the right to subsequently increase such annual assessment up to and including such maximum amount, and to make a supplemental levy upon the Owners subject thereto, if the Board of Directors determines that the amount of such annual assessments shall be due in advance in four equal quarterly installments on the first day of each April, July, October and January of each year commencing April 1, 1986, and such annual assessments shall be prorated where sale is made or residential structure is completed between the annual April 1st due dates. The association shall within two (2) business days of request furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board of Directors for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8.05. Personal Obligation of Community Alife Assessments and Townhouse Special Service Assessments: Community Assessments and/or Townhouse Special Service momu c uuaoww CART MSC ATTUIS 32 ATTORNEYS MO COMNINWM AT UAW CHAALOTTOMLLR,A Book:875,Page:1 (Pae 2.: of 51) • n 7 narnnn!� Assessments, together with interest as hereinafter provided, costs of collection, and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such Lot at the time when such Community Assessments and/or Townhouse Special Service Assessments first became due and payable. In the case of co-ownership of a Lot, all such co-owners shall be jointly and severally liable for the entire amount of such assessments. All Owners of Lots, by acceptance of an instrument of conveyance, waive all rights to any homestead exemption with respect to their personal obligation for the payment of such assessments. The Personal obligation for all unpaid delinquent Community Assessments and/or Townhouse Special Service Assessments shall not pass to an Owner's or Declarant's successor in title, unless expressly assumed by such successor in writing. Section 8.06. Interest On and Costs of Collection of Assessments; Right to Accelerate: The lien for Community Assessments and/or Townhouse Special Service Assessments shall also secure all interest and costs of collection, including a reasonable attorney's fee, whether suit be brought or not, which may be incurred by the Association, in enforcing said lien. Any Community Assessment and/or Townhouse Special Service Assessment which is not paid when due shall bear interest from the date when due until paid at the higher of the following rates: (1) 15% per annum, (2) a rate of interest equal to the Sovran Bank announced prime MCCLURG uuwaUN CARTER AND ATIONS ATTOMICTIIAID 33 oNrraan AT Loa CIWILOTTCSVILAL VA. Book:875,Page:: (Page 34 of 51) • PTY ? 7C FA'_!5)Ar, lending rate in effect on the first day of January, April, July and October of each year for each such calendar quarter, and adjusted quarterly, or (3) the highest rate permitted by law, but not in excess of the higher of the rates set forth in (1) and (2) above. In the event that any Owner is more than forty-five (45) days delinquent in the payment of any Community Assessment and/or Townhouse Special Service Assessment, the Association shall have the right and power to accelerate the balance of the fiscal year's Community Assessments and/or Townhouse Special Service Assessments and to consolidate said balance with any delinquent amount. Section 8.07. Lien for the Payment of Assessments and Subordination of Lien to First and Second Lien Deeds of Trust: There shall be a continuing lien upon each of the individual Lots subject thereto in order to secure payment of any of the Community Assessments and/or Townhouse Special Service Assessments provided in this Declaration in order to secure payment of any of the Community Assessments provided in this Declaration, but such lien shall be at all times subject and subordinate to any first or second mortgages or deeds of trust placed on the Lot at any time. However, at such time as the Association places to record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, a 449 notice of delinquency as to any particular Lot on a form prescribed by the Board of Directors, then, from the time of recordation of said notice the lien of such delinquent MOWN.CALLAGHAN CAR1a MO ATOM 34 A110A/M7{AMO oarwnoir AT UM QMwanawaac VA. Book:875,Page:1 11 t^n� 4111 ) 75 n'r►_R0?S v . Community Assessments and/or Townhouse Special Service Assessments in the amount stated in such notice shall be a lien prior to any subsequently recorded first or second mortgages or deeds of trust in the same manner as the lien of a docketed judgment in the State of Virginia. The lien of Community Assessments and/or Townhouse Special Service Assessments provided for herein, whether or not notice has been placed on record as above provided, may be foreclosed by a bill in equity in the same manner as provided for the foreclosure of mortgages, vendor's liens, and liens of a similar nature. A statement from the Association showing the balance due on any Community Assessment and/or Townhouse Special Service Assessment shall be prima facie proof of the current Community Assessment and/or Townhouse Special Service Assessment balance and delinquency, if any, due on a particular Lot. Exterior Maintenance of any Lots not Covered by the Townhouse Special Service Assessment: Section 8.08. In the event that an Owner of any Lot in the Properties shall fail to maintain the premises or to maintain or repair the exterior of any improvements situated thereon in a manner satisfactory to the Association's Board of Directors, then the Association, upon approval of a resolution to do so by a two-thirds (2/3's) vote of all of 1te the members of the Board of Directors, may provide exterior maintenance upon said Lot, and the improvements situated thereon, as follows: paint, repair, replace, and care for rccuA.GALLAawW OWUR AA o Anvil 3 5 ATTCON1tlf uo AT MIr O10.01LORL1rI1iL VAL Book:875,Page:: (Page 36 of 51) 4R}!C R75 "rc_!n4 exterior building surfaces, trees, shrubs, grass, walks, driveways and all other exterior improvements. Section 8.09. The cost of such exterior maintenance or repair shall be assessed against the Lot upon which such maintenance is done and shall be added to and become a part of the annual maintenance assessment or charge to which such Lot is subject, and as part of such annual assessment or charge, it shall be a lien or obligation of the Owner and shall become due and payable in all respects as provided in Section 8.05, 8.06 and 8.07 hereof; provided that the Board of Directors of the Association, when establishing the annual assessment against each Lot for any assessment year may add thereto the estimated cost of the exterior maintenance or repair for that year but shall thereafter make such adjustment with the Owner as is necessary to reflect the cost thereof. Section 8.10. For the sole purpose of performing the exterior maintenance or repair authorized by this Article, the Association through its duly authorized agents, employees or contractors, shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours of any day. ARTICLE Ix - ARCHITECTURAL CONTROL Section 9.01. Purpose: An Architectural Control Board shall regulate the external design, appearance, use, location, and maintenance of improvements and landscaping on any Lot, Parcel or the Common Properties, other than CARTER ATOMS r.+o.IK�o m 36 mulwao't At LAW OWILOMIPORat VA Boo k:875,Page:] ( _ of _1) improvements constructed or landscaping done by Declarant, its contractors and subcontractors, in such a manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to preserve the general character and architectural compatibility of Willow Lake as constructed by Declarant. Section 9.02. Conditions: No improvements, alterations, repairs, change of paint or stain colors, excavations, changes in grade, clearing, major landscaping or other work which in any way alters such property from its natural or improved state on the date such property was first conveyed in fee by Declarant to an Owner or the Association shall be made or done without the prior approval of the Architectural Control Board except as otherwise expressly provided herein. No buildings, fence, wall, residence or other structures or improvements to a structure erected, or constructed on any portion of Willow Lake shall be commenced, other than by Declarant, without the prior written approval of the Architectural Control Board. Declarant shall not be required to obtain the consent or the approval of the Architectural Control Board or of the Association for any improvements, construction, grading or landscaping performed by Declarant, its contractors and subcontractors in Willow Lake. 04#9 Section 9.03. Procedures: Any Owner who desires to construct any improvement on or make alteration to the liCCLUPILCAUAGNAN OMUM wo AT O4 37 •Horan MO O mWO OM AT w (Page 38 of 51) -,r- nor r" 75 ^A70 ^ 8 exterior appearance of Lot, or the improvements thereon, and the Association itself, if it desires to construct any improvements on or make any alteration to any Lot, Parcel or the Common Properties, shall submit the plans and specifications therefor showing the nature, kind, shape, height, color, materials and location of the same to the Architectural Control Board. In discharging its functions and duties, the Architectural Control Board shall endeavor to maintain and preserve the general character and architectural compatibility of Willow Lake as constructed by Declarant. In the event the Architectural Control Board fails to approve, modify or disapprove in writing a request for approval required herein within sixty (60) days after plans, specifications, or other appropriate materials have been submitted in writing to it, in accordance with its adopted procedures, the approval will be deemed granted. The Architectural Control Board may adopt procedures or standards as to the information it requires to be submitted to it with any request for approval. Section 9.04. Presumption: In the event that the appropriate equitable action together with the filing of a lis pendens has not been commenced within ninety (90) days after the completion of any improvements or alterations, it shall be conclusively presumed that such construction, alterations, or improvements are approved by the Architectural Control Board. 610:2-LIAL CALLAGHAN CAM=m0 ATIOqO ATM/VMS/YID 38 COW Nppi AT{AM OM1tOVaux.VA Book:875,Page:1 (Pace 39 of El) • • • P9^K O75 D17.l` (' Section 9.05. Composition of Architectural Control Board: For so long as the Declarant owns any Lot, or any portion of the real property within Willow Lake shown on the plat attached and plats recorded in the future, the Architectural Control Board shall consist of three persons appointed by Declarant. Such persons may, but need not, be Members of the Association. Thereafter, the control of the Architectural Control Board shall be transferred to the Association which shall establish an Architectural Control Board pursuant to the provisions of its By-Laws. ARTICLE X - GENERAL USE RESTRICTIONS Section 10.01. Residential Use: No Lot shall be utilized for the conduct of any commercial or professional enterprise of any kind. All Lots shall be utilized exclusively for single family residential living units and for no other purposes. For the purposes of this Declaration, the term "single family" shall mean and be defined as follows: (a) an individual; or (b) two or more persons related by blood, marriage, adoption, or guardianship living together as a single housekeeping unit; or (c) no more than three persons not related by blood, marriage, adoption, or guardianship living together as a single housekeeping unit. Section 10.02. Nuisances: No noxious, boisterous or offensive activity shall be carried on, upon or in any Lot nor shall anything be done thereon which may be or may become an annoyance, nuisance, fire hazard or safety hazard M uo cAuuw.RAN CARTER Aa AT.ONS AT OMNIMAre 39 Cp1.M.0118 AT.AM Ow{OA{liY &L YL Book:875,Page: (Paae Flo or 5l) • 5 • ^v,,C ? ? 5 :VII ^I. 0 to the neighborhood. The provisions of this section shall not proscribe or limit in any way the right of Declarant to carry on any development and construction activities in Willow Lake. Section 10.03. Signs: No billboards or signs of any kind shall be erected, maintained or displayed on any Lot except as permitted by the Association. Section 10.04. Recreational and Motor Vehicles: Except as may otherwise be expressly provided for in the rules and regulations adopted by the Association, no mobile home, trailer, bus, truck over 3/4 ton rated capacity, or inoperable automobiles, shall be placed, stored or parked within Willow Lake (including any Lot, Public Road or the Common Properties), either temporarily or permanently. In addition, the Association shall have the right to regulate or prohibit the storage or parking, whether temporary or permanent, within Willow Lake (including Public Roads) of any van or any truck which in the opinion of the majority of the Board of Directors damages or detracts from the general aesthetic character and harmony of Willow Lake by reason of: (1) the types and/or quantities of materials or items stored within or on such van or truck, (2) the general disrepair, poor body condition, or dilapidated state of such van or truck, or (3) the unusual or tasteless exterior appearance `/ of such van or truck created by unusual or custom paint 6°14 i' schemes, graphics, illustrations and/or words. The provisions of this section shall not proscribe or limit in Nammo .c u Amuw CARTt AMC Anam Arrommvs AMC 40 mUM..wAS AT LAN CBATALOTTITATIALL V& Book:E75,:Page:l (YaaP 41 cI 51) p.w-� f1 J any way the rights of Declarant to park vehicles related to construction activities by Declarant, its contractors and subcontractors. Section 10.05. No Temporary Structures: No structures of a temporary character, tent, or trailer shall be used on any Lot or the Common Properties at any time as a residence. Section 10.06. Antennae and Aerials: No antennae or aerials shall be placed on any Lot or fixed to the exterior of any building, and no antennae or aerial placed or fixed within a building shall extend or protrude from the exterior of such building, unless approved by the Architectural Control Board. No transmitting or receiving equipment which might interfere with television, radio or any other communications reception of Owners shall be used, or permitted upon or within any Lot. The provisions of this section shall not preclude the Association from establishing a community antennae or earth receiving television system in Willow Lake. Section 10.07. Clothes Drying: No clothing, laundry, or wash shall be aired or dried on any portion of a Lot exposed to view from any other Lot, the Common Properties, or Public Roads. Section 10.08. Pets: No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot or Parcel, or within the Common Properties, except that dogs, cats and other common household pets may be kept on individual Lots subject to reasonable rules and regulations MCCLUNG.CALLAGHAN CANTER AIA9 ATOM ArrommrsAm 41 COWIOAIY Ar LYP OM111ARICMlt YA Book:875,Page:1 (Page _ of 51) • r.r.r ) 7 5 rag!C r established by the Association. If the Association shall so decide at a duly called meeting, then the Owners of all dogs shall be prohibited from running or allowing to run their respective dogs at large within Willow Lake. Section 10.09. Miscellaneous Nuisances or Eyesores: The Association shall have the right at any time to limit or restrict the use of any materials if in the Association's opinion the aesthetic quality of Willow Lake is diminished. Section 10.10. Inoperative Motor Vehicles: No inopertive motor vehicles shall remain within Willow Lake for more than forty-eight (48) hours. "Inoperative motor vehicle" shall 'be defined as defined in Section 15.1-11.1 of the Code of Virginia. Section 10.11. Regulation of Wood Stoves: No wood stove (including free-standing and those inserted in existing fireplaces) shall be installed, maintained or used on or within any Lot unless the following conditions are met: (a) Installation, maintenance and/or use shall at all times be in compliance and conformity with all local and state building and fire codes and regulations; (b) Annual cleaning of the wood stove and flue serving the wood stove by and at the expense of the Owner of such wood stove; (c) Immediate correction and elimination by and at the expense of the Owner of such wood stove of any unsafe MCCLIMc CAUAOIIAN CART[*AD ATIWs anoiwan*"o 42 OOMIA"IOII{AT L amourrissmaa.MA Book:875,Page:1 (Page 43 of 51) • Fr^j' 7 J ?Pr or hazardous condition which may occur or be discovered at any time; and (d) Annual inspection of the wood stove and flue serving such wood stove by a designated agent or subcontractor of the Association, with the cost of such annual inspection paid by the Owner of such wood stove. Section 10.12. Storage of Firewood: No more than one cord of firewood shall be stored at any time on or within any Lot. Section 10.13. Electrical Meters on Townhouses: At no time shall an owner of a townhouse enclose a patio and the space under 'a deck which shall interfere with the free access to the electrical meters by meter readers. ARTICLE XI - DECLARANT'S RIGHTS Section 11.01. Declarant's Rights: Declarant hereby reserves to itself, and each Owner of any Lot by acceptance of a deed or other instrument of conveyance therefor hereby agrees, that Declarant shall have the following rights, so long as Declarant owns any Lot, to-wit: (a) the right to replat, vacate or withdraw any area of any platted area from the real property subject to this Declaration, in accordance with the laws of the State of Virginia; (b) the right to approve or disapprove any amendments to this Declaration and any amendments to any corporate documents related to the Association; and moist CALLAGHAN GOITER aMo imams 4 3 wnowKn am oarrnr ,AT LAW eM.iaor+ana.r.w Book:875,Page:: (Page 44 of 51) Ir F75 PACE(!Ct1: (c) the right to conduct the development, construction, marketing and sale of all property in Willow Lake owned by Declarant, including the erection of signs, the maintenance of model homes, and the use of Common Areas for promotional purposes. Section 11.02. Release of Rights by Declarant: Declarant may, by an instrument recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, release, at any time and without the approval or consent of any other party, any of the rights reserved unto it under Section 11.01. hereof. ARTICLE XII - BUILDING SETBACK LINES Section 12.01. Purpose: The building setback lines and/or setback requirements shown on any recorded plat of any portion of Willow Lake are set forth solely for informational purposes to show the setback requirements imposed by the Zoning Ordinance of Albemarle County, Virginia, in effect on the date of approval of such plat, and are not restrictive covenants running with the land. Section 12.02. Relief from Violation: Relief from any • violation of such setback requirements may be effectively • and conclusively obtained by a variance or variances granted by the Board of Zoning Appeals of Albemarle County, /� Virginia, or its successor governmental body. ARTICLE XIII GENERAL PROVISIONS ��JJJJIIII'"' Section 13.01. Managing Agent: The Association may employ and pay a managing agent, who may be an aff�liate of MMHG&CALLAGHAN CARTE*ANO ATKINS ATTOOM[T/AND 44 OONNOOpO AT LAW CHAMOITIVALLE.VL Book:875,Page:1 (Page 45 of 51) 1111 4111 • crnr p75 ofrnr • r Declarant, to manage the affairs of the Association. Such managing agent shall be employed and compensated for its services and costs pursuant to a written contract. Section 13.02. Enforcement: Enforcement of the provisions of this Declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages. Such action may be brought by Declarant, or its successor or assigns as developer, the Association, or the Owner of any Lot. Section 13.03. Severability: Invalidation of any one or more of the- provisions of this Declaration by judgment, court order or otherwise, shall in no way affect any other provision which shall remain in full force and effect. Section 13.04. Amendments: This Declaration may be amended in whole or in plat by recorded instrument bearing the signatures of the Owners of record, including joint tenants and tenants in common, of 75% of all Lots then subject to this Declaration; provided however that any such amendment shall be subject to the approval or disapproval by Declarant as set forth Section 11.01 hereof. Section 13.05. Gender; Singular/Plural: As used in this Declaration, the masculine gender shall include the feminine and neuter, and vice versa, and the singular shall include the plural, and vice versa, whenever appropriate. Section 13.06. Duration: The covenants and restrictions of this Declaration shall run with and bind the liCCLIAtt CALLAGHAN CARTER AMO ATOMS Artemays me 45 00%0160C1111 AT LAW O(* TTIVALLG VA (Page 46 of 51) ^ 75 ^^ land for a term of thirty-five (35) years from date and thereafter shall be automatically renewed for successive periods of ten years each, unless modified, amended or rescinded as provided in Section 13.04. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed on its behalf by its duly authorized President. WILLOW LAKE ASSOCIATES/� By �ecie t E ri-A4�— Presidddent STATE OF CITY/COUNTY Or PlJ/e1 hcnti , to-wit: 0 The foregoing instrument was acknowledged before me by WILLIAM E. HUNT President of Willow Lake Associates, this /..5X day of JU(y , 1985. mmkam My commission expires: Q.( mi mft hRlk • °ma aft op (y1Z ..« , Notary 'ubl c 1 .441) MCCLURE CAuwpAAM CARTER AwO ATMMS AT1O___ MO 46 SlO COIIlA�AT WY CHAM.017101MRLL YA Book:875,Page:1 (Page 47 of 51) • II PLAT SNOWING SUBDIVISION OF PHASE ONE • " g is (•>47 WILLOW LAKE SCOTTSVILLE DISTRICT •_,n .. .. :.1 ALBEMARLE COUNTY,VIRGINIA 1..' 1.e46.133•. I'yr„1:..•.•-•• .: a 1,1,4.. LW i•.J. AAaft*.3.I.. • 4?..'•L. •.`y+ • � i4.. .Y"''•.��.a sr n n .V W / •J'y\• EILOEC[MER.LNCOLN•OSSORNE.INC /•, -\\'.(1-.1. +,:::• CAMIrIt•...N.V•�M.. /. - • 1i� •.I 1401:0t 7I S411 ha.• " .:,'♦ 'r)/•. tier... ... ' ..•:.1I 4Il'M 1 11 0.M. OM.[w A4•M...•1 a i • J/ . .•.t•.•w •:!I:' tY( W 1.410 raw• ti.,,n •• `;•.(0MMMMl. .l•l•.•• YAWN t.•.•I...N.ar.a .i i . ..i. .r�.b4.t..YI :.. TM •. ./..,"". 1:`�� a.Vw rtt u..w..:.a / 41 1 w'J....,r to tr.?h Fs,:►.leer.tore. ':fit.{.,• • • am i� 1 SI I*. ."1.>••11[I..•r. 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