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HomeMy WebLinkAboutSUB201900085 Easements 2022-11-02Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A "VLR Corer Sheet Agent 1.6.663 C Date of Instrument: [6/4/2007 ] A x D Instrument Type: [DOD ] E Number of Percale [ 1 ] Number of Pages [ 4] N Cly❑County® [Albemarle Co P Last Name [VIRGINIA LAND LLC ] Doc DIoNNImWfl� 0131 i0020005 TvD-: DEE Fee .Asta; 022/00/�e too :46:42 Pn Shelb rflaraChallr Clerk oi,.ult Court File# 2007-00008807 aK3433 P6132-136 I (90X for Deed Sharp OW ❑ FXI❑ (MONTGOMERY RIDG I [ I [ 1[ Grantee Address (Name) [Montgomery Ridge Oymers Association (Address l) 1195 Riverbend Dive (Address 2) [ (CIy,State,zlp) [Charlottesville 1 IVA1 [22911 1 Coneldere0on [0.00 1 Existing Debt 10.00 ] Assumption Balance [0.00 1 Prior Instr. Recorded at: City ❑ Couny[O [Albemarle County ] Percent. In this Jude. ( 100] Book [2924 ] Page [461 1 malt. No [ I Parcel Identmcatlon No (PIN) 1046DO-00-00-000BO & 046DOA0-00-000AO (portion of) ] Tex Map Num. 9f different then PIN) [same 1 Short Property Description [Open Spaces 1.6 and Area Y & Z, Phase 1 & 2, Montgomery Ri I Current Property Address (Address 1) [ (Address 2) [ ] (City, Stets, Zip) Instrument Prepared by Recording Paid fa by Return Recording to (Name) (Address 1) (Address 2) (Cty, State, Zip) Cuatomer Case to Cover Sheet Page N 1 of 1 [McCallum & Kudravetz PC ) [McCallum & Kudravetz PC ] [McCallum & Kudravetz PC ] [260 E High Street ] [ChariottusviNe I [VA ] [2a902 1 [02000.1453 j [ j[ ] PreparW by: McCallum B. Kudruvctg P.C. 2501i. High Strcot Ch;loacvvillC. VA 22902 Parcel m: MDO-OD40-000n0 (434) 2934191 and portion of 046DO-00OD-WAO THIS DEED OF DEDICATION dated this 4th day of June, 2007, by and between VIRGINIA LAND, LLC, a Virginia limited liability company, the Grantor; and MONTGOMERY RIDGE OWNERS ASSOCIATION, INC., a Virginia corporation (the "Association'j, the Grantee, whose address is 195 Riverhead Drive, Charlottesville, VA 22911; WITNESSETH: WHEREAS, the Grantor is the Declarant under that certain Declaration of Restrictions, Covenants and Conditions for the Montgomery Ridge Subdivision dated August 20, 2004, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 2824, page 461, as supplemented by Supplementary Declaration dated April 20, 2006, recorded in Deed Book 3201, page 729 in said Clerk's Office (as amended or supplemented, the "Declaration"); WHEREAS, the Subdivision Plat for Montgomery Ridge Subdivision (as amended or supplemented, the "Subdivision Plat") recorded with the Declaration shows certain tracts or parcels designated as "Open Spaces" to be held and maintained in accordance with the terns and conditions of the Declaration; and WHEREAS, pursuant to the terms of the Declaration, the Grantor, as Declarant thereunder, desires to dedicate and convey to the Association certain of the parcels of land designated as "Open Spaces" on the Subdivision Plat; and WHEREAS, the Subdivision Plat for Montgomery Ridge Subdivision further shows certain tracts or parcels "to be dedicated to public use on demand by Albemarle County", certain t of which Declarant also desires to convey to the Association subject to the terms of the Declaration and the Subdivision Plat; NOW, THEREFORE, pursuant to the terms of the Declaration, the Grantor does hereby DEDICATE, GRANT and CONVEY unto Montgomery Ridge Owners Association, Inc., a Virginia corporation, the following described tracts or parcels of land designated as "Open Spaces" under the Declaration and as shown on the Subdivision Plat, and the following described additional tracts designated on the Subdivision plat as "Area Y" and "Area Z" (collectively, the "Property,): PARCEL ONE: All of those certain tracts or parcels of land, with all rights and appurtenances pertaining thereto, situated in Albemarle County, Virginia, shown and desigmted as "Open Space I", containing 0.887 acres, more or less, "Open Space 2", containing 3.630 acres, more or less, "Open Space 4"containing 1.121 acres, more or less, and "Open Space 5", containing 11.26 acres, more or less, in Phase 1, Montgomery Ridge Subdivision, on a plat entitled "Final Subdivision Plat For Montgomery Ridge Subdivision Phase 1, Lots 1 Through 16 & 44 Through 52, Rivanna District, Albemarle County, Virginia", by Rivanna Engineering & Surveying, PLC, dated July 16, 2004, last revised July 29, 2004, and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 2824, pages 474 - 487; and PARCEL TWO: All that certain tract or parcel of land, with all rights and appurtenances pertaining thereto, situated in Albemarle County, Virginia, shown and designated as "Open Space 3", containing 1.093 acres, more or less, in Phase 2, Montgomery Ridge Subdivision, on a plat prepared by Rivanna Engineering & Surveying PLC, dated July 5, 2005, and last revised January 16, 2006, entitled "Final Subdivision Plat for Tax Map 46D, Parcel A Montgomery Ridge Subdivision — Phase 2 Lots 17 Through 43 & Lot 53 Rivanna District, Albemarle County, Virginia", and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 3201, pages 729-747; PARCEL THREE: All those certain tracts or parcels of land, with all rights and appurtenances pertaining thereto, situated in Albemarle County, Virginia, shown and designated as "Area Y", containing 0.258 acres, more or less, and "Area Z", containing 0.105 acres, more or less, in Phase 2, Montgomery Ridge Subdivision, on a plat prepared by Rivanna Engineering & Surveying PLC, dated July 5, 2005, and last revised January 16, 2006, entitled "Final Subdivision Plat for Tax Map 46D, Parcel A Montgomery Ridge Subdivision — Phase 2 Lots 17 Through 43 & Lot 53 Rivatma District, Albemarle County, Virginia", and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 3201, pages 729- 747; the Subdivision Plat and in the:Declaration, "Area Y" and "Axes Z" are or y As reflected on t,� I herein conveyed to the Grantee subject to the condition that such parcels are "to be dedicated to Sa'"K �_,;-�, public use on demand by Albemarle County." By its acceptance of this conveyance, Grantee f�'" agrees to execute and deliver all instruments necessary to effect such dedication to public use upon the demand by Albemarle County. The conveyance of the above Property is subject to those easements, conditions, restrictions and reservations contained in the Montgomery Ridge Subdivision Declaration of Restrictions, Covenants and Conditions, dated August 20, 2004, recorded in the aforesaid Clerk's Office in Deed Book 2924, page 461, and Supplementary Declaration dated April 20, 2006, recorded in the aforesaid Clerk's Office in Deed Book 3201, page 729, and any other easements or other matters contained in duly recorded deeds, plats, and other recorded instruments, if any, constituting constructive notice in the chain of title to the Property, which have not expired by a limitation of time contained therein or have not otherwise become ineffective, there being no intent by this deed to reimpose any such easement, condition, restriction or reservation. The undersigned Montgomery Ridge Owners Association, Inc. joins herein to evidence its consent to and acceptance of this conveyance. WITNESS the following signatures upon due authority. VIRGINIA LAND, L.L.C., a Virginia limited liability ccompany By:� Charles Wm. H ger MONTGOMERY RIDGE OWNERS ASSOCIATION, INC., a V' ginia rporation By:�J r..h"' "� ' (SEAL) Its: President COMMONWEALTH OF VIRGINIA CIT WOUNTY OF. fi I mom_ to -wit: The foregoing instrument was acknowledged before me this �lday of a n n 2007, by Charles Wm. Hurt, as Manager of Virginia Land, L.L.C., a Virginia limited liability company, on its behalf. My commission expires: CkkLm 31Io2C4r7 i IL�P- Notar ublic COMMONWEALTH F VCRGINIA Ct` y7`COUNTY OF to_wit; The foregoing instrument was acknowledged before me this -`4y oftrLL", 2007, by Charles Wm Hurt, as President of Montgomery Ridge Owners Association, Inc., a Virginia corporation, on its behalf. My commission expires:D&Lm 31 20x7/ Notary u lic 11Mk011E1pATA FILESIHUR7NHURT REAL E8TATE1MontgomryRdg Declaration (01453)11453-deed-open spaces-PhW.doc 6/4/0712:04 PM RECORDED IN CLERKS OFFICE OF ALBEMARLEOK June o5,2aD7 AT 3:40:42 PM $0.00 GRANTOR TAX PI) AS REQUIRED BY VA CODE 158.14 02 STATE: 50.00 LOCAL: .DO ALBEMARLE COUNTY] VA BH MA LL CLERK CUIT COURT 1 G instrument Control Number O16093 T A X R P E E N P [Mimi MIM NI Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A ]ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [8120/2004 ] Instrument Type: [DEC ] Numberof Parcels [ I Number of Pages - 9 f city ❑County© [Albemarle County MINI1112IN111 Dec ID: 000819870028 Type: DEE FieoAa�ttl;$141 0e2Pa4a i of:28'0a PM Albenarle County, VA Fit eey2e048e0010093 Clerk Circuit Court BK2824 po461-488 (Box for Deed Stamp ONy) [VIRGINIA LAND LLC ]] ][ ][ ] i n Lael Nama Flral Name Nlddle Name or Initial SURE [NA ] [NA ] INA I I I [ ][ II I ] Grantee Address (Name) [NA ] (Address l) [NA ] (Address 2) [NA ] (City, state, Zip) [NA ] IVA I [NA I Consideration [0.00 I Existing Debt 10.00 I Assumption Balance [D.00 ] Prior Instr. Recorded ut: City ❑ County❑ [ ] Percent. In this Jude. [ 1001 Book [ ] Page [ ] Inalr. No [ ] Parcal Identification No (FIN) [04600-00-00-023B0, 04600-00-00-02500 & 04600-00-00-00.023AP Tax Map Num. (If different than PIN) [Same ] Short Property nescriptlon [Montgomery Ridge Subdivision, 34.30 acres, Lots 1 - 16 & 44.521 I ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address l) (Address 2) (City, State, Zip) Customer Case to Cover Shoot Page # 1 of 1 [McCallum & Kudravetz PC [McCallum & Kudravetz PC [McCallum & Kudravetz PC [250 E High Street I [Charlottesville [02000.1453 ] [ i a' I NA 1 [22902 ]I 016093 Prepared by: McCallum & Kudmwtz, P.C. 250 E. High Street Caarloheaville, VA 22902 TMP R04600-0040-023B0, 04600-00-00-02500, (434) 293-8191 end 04600-00-00-023AO MONTGOMERY RIDGE SUBDIVISION Declaration of Restrictions, Covenants And Conditions THIS DECLARATION made this 200 day of August, 2004, by and between VIRGINIA LAND, LLC, a Virginia limited liability company, ("Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of certain real property containing 34.30 acres, more or less, (the "Property") located in Albemarle County, Virginia, and desires to create thereon (and on such additional Property as may hereafter be subjected to the provisions of this Declaration) a subdivision known as "Montgomery Ridge"; WHEREAS, the Declarant desires to subject the Property to covenants, restrictions, easements, conditions, reservations, liens and charges to which the Property shall henceforth be subject, each and all of which is and are for the benefit of said Property and the Owners thereof. NOW, THEREFORE, the parties hereto declare and agree that henceforth the Property described in Section 2.01 hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, and any valid amendments or supplements hereto, which are imposed to enhance and protect the value and desirability of the real property in Montgomery Ridge. The provisions set forth herein shall run with the land and'shall be binding upon any and all parties who have or shall acquire any right, title and/or interest in all or any part of the 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. "Montgomery Ridge" shall mean and refer to the Property described in Section 2.01 hereof which is hereby subjected to this Declaration, together with such other property as may hereinafter be made a part of Montgomery Ridge by subsequently recorded instruments and plats. Section1,02. "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 same may from time to time be amended or supplemented. Section 1.03. "Suvalementary Declaration" shall mean and refer to any declaration of restrictions, covenants and conditions which may be executed and recorded by the Declarant which extends the provisions of this Declaration to additional real property and contains such complementary or modifying provisions for such additional real property as are not inconsistent with the concept of this Declaration Section 1.04. "Declarant" shall mean and refer to Virginia Land, LLC, a Virginia limited liability company, and any assignee of it as Declarant with regard to Montgomery Ridge. Section 1.05. "IW" shall mean and refer to any plot of land designated as a "Lot" upon any recorded plat of any portion or phase of Montgomery Ridge. Section 1.06. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, including the Declarant, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. in the case where a Lot is held by one or more persons for life with the remainder to another or others, the tern "Owner" shall mean and refer only to such life tenant or tenants until such time as the remainderman or remaindermen shall come into use, possession or enjoyment of such Lot. Section 1.07. "Association" shall mean and refer to the Montgomery Ridge Owners Association, Inc., a Virginia non-profit nonstock corporation incorporated under the laws of the Commonwealth of Virginia, its successors and assigns. Section 1.08. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 1,09. "Reads" shall mean and refer to Montgomery Ridge Road, Natali Lane, and Monet Hill as shown and described on the plat referred to in Section 2.01 hereof. Section 1.10. "Architectural Control Board" shall mean and refer to the board established in Article V below for the purpose ofcontrolling and regulating the development and the external design, appearance, landscaping, grading and use of the Lots and the structures and other improvements thereon. Section 1.11. "Oven Soaee" shall mean and refer to those areas designated as such on the Plat and referred to in Section 4.01 hereof. Section 1.12. "Variable Width Critical Slopes and Tree Conservation Easement", and "50' Critical Slopes and Tree Conservation Easemen 11 shall mean and refer to those areas designated as such on the Plat and referred to in Section 4.02 hereof. ARTICLE II PROPERTY SUBJECT TO DECLARATION Section 2.01. Existing Property. The real property which at this time is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is described as all those certain lots situated in Albemarle County, Virginia, shown and described as Lots 1 through 16 and Lots 44 through 52 on a plat of Rivanna Engineering & Surveying, PLC, dated July 16, 2004, last revised July 29, 2004, captioned "Final Subdivision Plat For Tax Map 46 Parcels 23A, 23B & 25 Montgomery Ridge Subdivision -Phase 1, Lots 1 Through 16 & 44 Through 52, Rivarma District, Albemarle County, Virginia", a copy of which is attached hereto and recorded herewith (the "Plat"). ARTICLE III ROADS: EASEMENTS Section 3.01. dedication to Public Use. The Declarant shall have the right and power and does hereby dedicate to public use: (a) Montgomery Ridge Road, Natali Lane, and Monet Hill so that they may be accepted into the Virginia State Highway System and thereby be publicly maintained; and (b) the easement(s) reserved by the Declarant in this Article III which are required by a public body to be dedicated for Montgomery Ridge Road, Natali Lane, and MonetHill being accepted into the Virginia State Highway System. Section 3.02. Regulation of Traffic and Parkin. Until such time as the Roads are accepted for public maintenance, the Declarant shall have the right and power to place any reasonable restrictions upon the use of the Roads, including the establishment of speed limits and regulation of parking along the Roads. Section 3.03. Maintenance. The initial construction of the Roads shall be paid for by and shall be completed by the Declarant or its assigns. Thereafter and until such time as the Roads may be accepted into the State Highway System, the necessary money for the future repair, maintenance, improvement, enhancement or replacement ("Maintcnance'� of the Roads will not be borne by any Owner, but rather shall be provided by the Declarant or its assigns. Section 3,04. Damage By or Ne¢lieence of Owner or Declarant. Notwithstanding any other provision of this Declaration, if the Declarant, or any Owner through his own negligence or through his construction, development or other unusual activity on his Property causes any of the Roads to be damaged, then he shall be solely and exclusively responsible for the repair of such damage without the benefit of contribution from the other Owners. Section3.05. Tem rarvConstruction Easements. The Declarant reserves unto itself, its successors and assigns, temporary, alienable easements within and across those portions ofthe Lots lying within fifty feet (50') of the centerline of the Roads for the construction and grading of the Roads and the cutting, filling and grading of slopes and installation of drainage facilities. This temporary construction easement shall terminate upon completion of the Roads and their acceptance into the State Highway System. Section 3,06. Utility Drainage. Sight Distance, Etc. Easements. (a) Generally. The Declarant reserves unto itself, its successors and assigns, perpetual and alienable easements and right of ways above ground and underground twenty feet (20) in width inside and along the front and rear Lot lines and twenty feet (29) in width centered on the side Lot lines of all Lots subject to this Declaration: (i) to construct, maintain, inspect, replace and repair electric and telephone poles, wires, cables, conduits, pipes, and other suitable equipment for the conveyance of telephone, electricity, cable, communications and other utilities and public conveniences; (ii) for storm and surface water drainage, together with the right ofingress and egress to all such facilities and easements for the construction and maintenance thereof; (iii) to create, provide and maintain any sight distances and/or slopes required by the Virginia Department of Transportation for use and/or acceptance for public maintenance of the Roads; and (iv) to meet any other condition or requirement of any governmental authority related to the subdivision and or development of Montgomery Ridge and/or the use of and/or acceptance of the Roads for public maintenance. (b) Drainage Easements. The Declarant reserves unto itself, its successors and assigns, perpetual and alienable drainage easements and rights of way above ground and underground as shown on the Plat, to construct, maintain, inspect, replace and repair pipes and swales for storm and surface water drainage. (c) Scope of Easements. 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 to provide economical and safe utility installation and drainage facilities. No new trees, shrubs, fences, buildings, overhangs or other improvements orobstructions shall be placed within the easements provided for in this Section. The rights in this Section may be exercised by any licensee of the Declarant, but shall not be deemed to impose any obligation upon the Declarant to provide or maintain any utility or drainage services. Any damage resulting from the use of the easements hereby reserved shall be promptly rectified at the expense of the entity responsible for such damage. Section 3.07. Entrances to Roads. Any entrance to the Roads constructed by the Owner of a Lot within Montgomery Ridge shall be constructed and maintained by the Owner pursuant to standards approved by the Virginia Department of Transportation. If any Owner shall fail to so design, construct or maintain the entrance from the Roads to his Lot to meet the minimum specifications and standards of the Virginia DepartmentofTransportadon for aprivate entrance on a publicly maintained road, Declarant shall have the right to bring such entrance into compliance with such specifications and standards and to collect the cost(s) ofsuch work from such Owner (together with costs of collection, including reasonable attorneys' fees). Section3.08. Temporary Cul-DeSacEssement. TheDeehaanthereby establishes anon - exclusive easement for tarn -around purposes within those portions of Lots 6, 7, 8, and 9 contained within that area designated on the Plat as "Temporary Cud -De -Sac Easement" located at the present terminus ofthe street designated as "Monet Hill". Declarant, its successor and assigns, reserves the right to subsequently terminate such Temporary Cul-De-Sac Easement if Monet Hill is subsequently extended so as to eliminate the need for such Temporary Cul-DeSac Easement. Section3.09. Additional Dedication Areas. Declarant, its successors and assigns, reserves the right to subsequently dedicate to public use, and agrees to subsequently dedicate to public use upon demand by Albemarle County, that area designated on the Plat as "Area X", containing 0.097 acres. ARTICLE IV OPEN SPACE, CRITICAL SLOPES AND TREE CONSERVATION EASEMENTS Section 4.01. Open Space. Those areas which are designated on the Plat as "Open Space" shall remain undisturbed and preserved in their natural condition, subject to the right of the Association to establish therein trails for hiking or other recreational uses. The Open Space shall initially be maintained by Declarant, its successors and assigns, until such areas are conveyed to the Association, at which time the sole responsibility for the maintenance, upkeep, improvement, or enhancement of such areas shall be assumed by the Association. The necessary funds for such maintenance, upkeep, improvement, and enhancement of the Open Space shall be provided by the assessments hereinafter described in Article Vill. Section 4.02 Critical Slopes and Tree Conservation Easements. The Declaranthereby establishes perpetual non-exclusive easements within those areas designated on the Plat as "Variable Width Critical Slopes and Tree Conservation Easement" and "50' Critical Slopes and Tree Conservation Easement". Those areas which are designated on the Plat as "Variable Width Critical Slopes and Tree Conservation Easement" and "50' Critical Slopes and Tree Conservation Easement" shall remain undisturbed and preserved in their natural condition, except for (i) measures reasonably necessary to protect such areas and their vegetation, (ii) the removal of dead, diseased, or dying trees, and (iii) such other purposes or activities as may be approved in writing by the appropriate authorities of Albemarle County. Each Owner of a Lot which contains any portion of those areas designated on the Plat as "Variable Width Critical Slopes and Tree Conservation Basement" or "50' Critical Slopes and Tree Conservation Basement" shall be responsible for the maintenance and upkeep of such areas located within such Owner's Lot. Section4,03 PrivateMainte. The financial responsibility for the maintenance of the areas designated on the Plat as "Open Space", and of the easements within the areas designated on the Plat as "Variable Width Critical Slopes and Tree Conservation Easement" and 1150' Critical Slopes and Tree Conservation Easement" shall be maintained as set forth in Sections 4.01 and 4.02 above and shall not be home by the County of Albemarle, the Commonwealth of Virginia, or any public agency. ARTICLE V ARCHITECTURAL CONTROL Section 5.01. Architectural Control. Until the sale of all the Lots by the Declarant, the Architectural Control Board ("ACB") shall consist of one or more individuals appointed by the Declarant. After the sale of all the Lots by the Declarant, or at such earlier time as the Declarant in its sole discretion may determine, as evidenced by an instrument recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, the selection of the members of the ACB shall be by the Association. Section 5.02. Purpose. The ACB shall regulate the development and extemal design, appearance, landscaping, grading, use and location of the Lots and of the structures and other improvements thereon in such a manner so as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. Section 5.03. Conditions. No improvements, alterations, repairs, excavations, changes in grade, major landscaping or other work which in any way alters the exterior of any Lot or the improvements located thereon from its natural or improved state existing on the date such property was first conveyed in fee by the Declarant to an Owner shall be made or done unless and until the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type, materials and location thereof shall have been submitted to and approved in writing by the ACB, pursuant to Section 5.04 hereof. No building, fence, wall, residence, structure or other improvement shall be commenced without the prior written approval of the ACB. The Declarant shall not be required to obtain the consent or approval of the ACB or ofthe Association for any land clearing, excavations, changes in grade, or other work performed by the Declarant, its contractors and/or subcontractors, in the construction of the Roads, and/or the installation of utilities and drainage facilities within Montgomery Ridge. Section 5.04. Procedures, In the event the ACB fails to approve, modify or disapprove in writing a request for approval required herein within thirty (30) days after plans, specifications, or other appropriate materials have been submitted in writing to it, approval will be deemed granted. Section 5.05. Presumotion. In the event that the appropriate equitable action together with a Lis ep ndens has not been commenced within ninety (90) days after the completion ofany activity requiring the approval of the ACE, it shall be conclusively presumed that such activity is approved by the ACB. Section 5.06. Yariances. The ACB shall have the right to grant a reasonable variance or adjustment from individual restrictions set forth in Article VI hereof (except for Sections 6.01, 6.02, 6.10, 6.11, and 6.16) in order to overcome practical difficulties and to prevent unnecessary hardships, provided such variance will not be materially detrimental to neighboring Lots or defeat the general purposes of this Declaration. ARTICLE VI Section 6.01. Restriction on Further Subdivision. No Lot shall be further subdivided or separated into smaller Lots by an Owner other than the Declarant without the written consent ofthe Declarant, its successors and assigns, and no portion less than all of any such Lot shall be conveyed or transferred by an Owner other than the Declarant; provided, however, that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments. Except as otherwise provided herein, no Lot shall be used as a roadway for access to any property lying outside of the boundaries of Montgomery Ridge, without the written consent of the Declarant, its successors and assigns. Notwithstanding the foregoing, there shall be no restriction orproMbition. whatsoever upon the Declarant against further subdivision and/or re -subdivision of the Existing Property, or any addition to the Existing Property, or any Lots. Section 6,02. Single Family Dwellings. No building of any kind shall be erected or maintained upon any Lot except one private detached single-family dwelling and buildings accessory thereto, e.g., garages and gazebos, stables, private greenhouses, domestic animal shelters, too] sheds, etc. which have been approved by the ACB. Section6,03. No Temporary Structures. No structure ofa temporary character, partially completed dwelling, tent, or trailer shall be used on any Lot at any time as a residcece, either permanently or temporarily for a time greater than three days. Section 6.04. Roofing Materlal. Each dwelling constructed on any Lot shall have a roof made of cedar shakes, metal, slate, or thirty (30) year architectural grade dimensional roofing shingles, or other roofing material of similar appearance approved by the ACB. Section 6.05. No Signs. No billboards or signs of any kind shall be erected or maintained or displayed except "For Sale" or "For Rent" signs not greater than two square feet, which may be placed upon any Lot for sale or for rent. +roerJ0bb+t' Q-- Section 6.06. Water and Sanitary Sewer. Each Lot shall be served by public water and public sanitary sewer. \� Section 6.07. No Offensive Activities. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. _.. _Section 6,08. Setback Lines '144uilding or any part thereof shall be erected hereafter J rY ithin twenty-five feet (25') of the boundarpbf any street or road, or within fifteen feet (IS) of any %0� A side Lot line orwithin twenty feet (20)aiirtyrear Lot line. Nosuit al�allbebrought ever sixty (60) I d✓ days after the completior�anyviich structure on account of its location. The ACB reserves the c' tghtto waiWthese setback lines in individual cases. T�✓� Section 6.09. Non -Interference with Drainage. Nothing shall be done on any Lot that i interferos with the drainage of surface water to the injury of any other Lot. Section 6.10, Mobile Homes Prohibited. No mobile home or house trailer shall be permitted or located on any Lot. Section 6.11. Swine Prohibited. No hogs or swine shall be kept, raised or bred on any Lot ( l ( at any time. Section 6.12. Mailboxes. No mail or paper delivery boxes shall be erected without the �,A approval of the ACB as to the location, color, size, design, lettering, and all other particulars ofsuch mail or paper delivery boxes, and the standards, brackets and name signs for such boxes. c Section6.13. Vehicles. Except as may otherwise be expressly provided for in the rules and VV o. '✓ regulations adopted by the Association, no unlicensed vehicles, no recreational vehicle, no motor ex r �.44 rK5 home, no trailer, no camper, no camper top, no bus, no truck over one (1) ton capacity, no boat, and {,svS no other machinery, shall be placed, stored, or parked on such Lots either temporarily or �1 v permanently, except in garages or other storage structures approved by the ACB. Notwithstanding the foregoing, trucks, tractor trailer rigs and/or equipment may be temporarily parked on Lots in connection with the moving of furnishings into and out of a residence or in connection with construction activities being performed on the Lots. Section 6.14. Diligent Completion of Construction. All construction, landscaping, or other work on any Lot shall be performed with diligence from the commencement until the completion thereof, and in any case all construction shall be completed within the period oftime (if any) specified by the ACB. Section 6.15. Maintenance of Lots. Each Lot (whether improved or unimproved) and the structures and other improvements thereon shall be kept and maintained in good order and repair, free of debris, and free of inoperable motor vehicles. In the event that any Lot or the structures or other improvements thereon shall be damaged by fire, windstorm or any other cause, the damage shall be promptly repaired and restored to its prior condition, or the damaged item demolished and removed and the ground surface restored to a condition approved by the ACB. If any Owner shall fail to maintain his Lot in compliance with this Section 6.15, then either Declarant and/or the Association shall have the right (but not the obligation) to perform the necessary corrective work and to collect the cost of such work from such Owner (together with costs of collection including reasonable attorneys' fees). Section 6.16. Under round Utilities. All new lines, cable, wires, and pipes for utility services shall be installed underground, with the exception that necessary transformers, meters, 7 junction boxes and similar equipment may be located above ground at locations approved by the ACE. Section 6.17. Storage Tanks, Outside Storage. No elevated tanks of any kind shall be erected, placed or permitted on any part of any Lot. Any tank for use in connection with any structure constructed on any Lot, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view of neighboring Lots or the Roads. Plans for all enclosures of this nature must be approved by the ACE. Section 6.19. Antennas. Aerials and Satellite Dishes. No television andlorradio antenna, aerial or satellite dish shall be placed on any Lot, or be affixed to or extend from the exterior of any structure on any Lot, unless approved by the ACE. No transmitting or receiving equipment which might interfere with television, radio or any other communications reception of Owners ahmdibe used or permitted upon or within any Lot. Section 6.19. Clothes Drying. No clothing, laundry, or wash shall be aired or dried on any portion of any Lot exposed to view from any other Lot, any adjoining property, or any Roads. Section 6,20. Trash Containers. Trash cans, barrels and containers must be maintained within screened bins or out of sight from the Roads. ARTICLE VII STORMWATERMANAGEMENT Section7,01 Stormwater Manneement Maintenance Easements. The Declaranthereby establishes perpetual non-exclusive easements within those areas designated on the Plat as "Stormwater Management Maintenance Easement" and "Stormwater Management Maintenance/Access Easement" (collectively, the "Stormwater Management Maintenance Easements"). Section 7.02 Maintenance. The SrormwaterManagementMaintenanceEasements and the stormwater detention or water quality ponds, drainage areas, drainage lines, structures, facilities and related improvements located therein (collectively the "Stormwater Management Facilities") are private and require private maintenance as hereinafter set forth. The costs of repair, maintenance, upkeep, improvement, or replacement (hereinafter "maintenance") ofthe Stormwater Management Maintenance Easements and the Stormwater Management Facilities located therein will not be bome by the County of Albemarle or any public agency, but rather shall he home as follows: (a) Initial Construction. The initial construction of the Stormwater Management Facilities within the Stormwater Management Maintenance Easements shall be borne by the Declarant at its sole cost and expense. (b) Continued Maintenance. Thereafter, all maintenance of the Stormwater Management Facilities shall be the sole responsibility of the Association with the necessary funds for the maintenance of the Stormwater Management Facilities to be provided by the assessments hereinafter described in Article Vill, Section 7.03. Dedication to Public Use. The Declarant reserves the right to subsequently dedicate the Stormwater Management Maintenance Easements and the Stormwater Management Facilities to public use. Upon the subsequent acceptance of said Stormwater Management Maintenance Easements and Stormwater Management Facilities by the County of Albemarle or other public agency, the Association agrees to join in any further documents reasonably requestedby the County of Albemarle ar other public agency in order to effect such dedication and acceptance. ARTICLE VM ASSESSMENTS ON LOTS Section 8.01 Assessment Lien. Each Lot subject to the provisions of this Declaration, including any Lot subjected to the provisions hereof by any Supplementary Declaration, is hereby made subject to an assessment lien (the "Assessment") for the maintenance, upkeep, improvement, enhancement and replacement of the Open Space shown and designated on the Plat, of the Stormwater Management Facilities as provided in Article VII hereof, of those trees initially planted by the Declarant and located within the boundaries of the Roads as a treescape for Montgomery Ridge, and of any other common areas or easements to be maintained by the Association, as the Association may deem necessary or advisable, which Assessment shall be a charge and continuing lien upon each Lot. Such Assessment shall also be the personal obligation of each Owner provided, however, that the personal obligation for an Assessment shall not pass to any successors in title unless expressly so assumed. Section 8.02 Allocation of Assessment. Each Lot shall bear an equal prorata share of the Assessment based upon the total number of Lots then subject to this Declaration. Section 8.03 Delinquent Assessment The Assessment shall be payable in full within 30 days from the date of mailing of a bill therefor by the Declarant and/or the Association and, if not paid within such 30-day period, shall thereafter be deemed to be delinquent. A delinquent Assessment shall bear interest at the rate of twelve percent (12%) per annum, commencing as of the date of delinquency. Section 8.04 Assessment Lien Perfection Priority, and Enforcement. Any delinquent Assessment shall be the basis for a lien upon any Lot to which such delinquency pertains. The Association, in order to perfect any such lien, shall file, before the expiration of twelve (12) months from the time such Assessment became due and payable, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, a memorandum ("Memorandum"), verified by the oath of the President or Treasurer of the Association, which contains the following: (a) the name of the development; (b) a description of the Lot; (c) the name or names of persons constituting the Owner(s) of the Lot; (d) the amount ofunpaid Assessments currently due or past due relative to the Lot, together with the date when each fell due; (a) the date of issuance of the Memorandum; (f) the name of the Association and the name and current address of the person to contact to arrange for payment or release of the lien; and (g) a statement that the Association is obtaining a lien in accordance with the provisions of the Virginia Property Owners' Association Act as set forth in Chapter 26 (§ 55-508 et seq.) of Title 55 of the Code of Virginia (the "Act"), as amended. The cost of recording and releasing the Memorandum shall be taxed against the person found liable in any judgment or decree enforcing such lien. Prior to filing a Memorandum of lien, a written notice shall be sent to the Owner(s) by certified mail at the Owner's last known address, informing the Owner(s) that a Memorandum ofiien will be filed in said Clerk's Office. The notice shall be sent at least ten (10) days before the actual filing date of Memorandum of lien. Once perfected, the Association shall have a lien on any Lot for unpaid Assessments levied against such Lot in accordance with the provisions of the Act and all lawful provisions of this Declaration. The lien, once perfected, shall beprior to all other subsequent liens and encumbrances except (i) real estate tax liens on such Lot, (ii) liens and encumbrances recorded prior to the recordation of this Declaration, and (iii) sums unpaid on and owing under any mortgage or deed of trust recorded prior to the perfection of said lien. The provisions herein shall not affect the priority ofinechanics'andmaterialmen'sliens. Notice of a Memorandum of lien to a holder of a creditline deed of trust under Virginia Code §55-58.2 on any such Lot shall be given in the same fashion as if the Association's lien were a judgmern. Notwithstanding any other provision herein, or any other provision of law requiring documents to be recorded in the miscellaneous lien books or the deed books in said Clerks Office, all memoranda of liens arising hereunder shall be recorded in the deed books in said Clerks Office. Any Memorandum shall be indexed in the general index to deeds, and such general index shall identify the lien as a lien for Assessment(s) against the Lot(s). Ifthe Association elects to bring suit in equity to enforce any such lien, it must do so within twenty-four (24) months from the time the Memorandum of lien was recorded in said Clerk's Office. The filing by the Association to enforce such lien in any other suit wherein such petition may be properly filed shall be regarded as suit to enforce and, shall accordingly, stop the running of any applicable twenty-four (24) month limitation period. The Association may also elect to bring an action at law to recover Assessments unpaid by any Owner or to recover any equity suit deficiency. Whether Hie Association elects to proceed in equity or at law, or bath, interest costs, court costs, and reasonable attorneys' fees, incurred prior to or during any such action or suit, shall be added to the amount of any delinquent Assessment and shall be recoverable from any Owner responsible for payment of any such Assessment. ARTICLE IX Section 9.01. Association. Every Owner of a Lot within Montgomery Ridge shall be a member of the Association. Section9.02. VatingRtehts, Each Member of the Association shall be entitled toone (1) vote for each Lot owned by said 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 and 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 Section9.03. Duties. After the sale ofthe last Lot owned by the Declaram, the Association shall become the successor to the Declarant under this Declaration for all purposes including architectural control, the enforcement of all covenants, restrictions and conditions, and the granting of necessary and appropriate utility and drainage easements. Prior to the sale of all Lots by the 10