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Home My WebLink AboutSUB201300098 Other 2013-09-09 Prepared by: Lois Haverstrom 170 South Pantops Drive Charlottesville,VA 22911 Albemarle County Tax Map Parent Parcels: 61-166,62F-A and 62D-1A AMENDMENT#2 TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FORDUNLORA FOREST THIS AMENDMENT #2, dated this 9th day of September, 2013, AMENDS THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DUNLORA FOREST dated March 19`h, 2013, as amended, and is made by ROCK CREEK PROPERTIES, LLC, a Virginia limited liability company ("Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the County of Albemarle which is described on a Plat Showing a Subdivision of and Easements for Dunlora Forest, Phases 1 & 2, dated August 20, 2012, as revised March 11, 2013, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4320, Pages 171 — 209 (the "Plat"), including Lots numbered 1 through 3, Open Space D and the Residue Lot. Reference is hereby made to the Plat for a more particular description of the Property. WHEREAS, Declaration of Covenants, Conditions and Restrictions for Dunlora Forest, dated March 19, 2013 is recorded in the aforesaid Clerk's Office in Deed Book 4320, Pages 171 — 209, as amended August 7, 2013, and recorded in the aforesaid Clerk's Office in Deed Book 4398, Pages 154 - 165 (the "Declaration"). WHEREAS, Section 13.03 of the Declaration provides that the Declarant may amend the Declaration in whole or in part by recording this instrument. WHEREAS, Declarant desires to provide for the protection and enhancement of the value and desirability of DUNLORA FOREST and for the maintenance of DUNLORA FOREST, and to this end, Declarant desires to subject the real property described in the Declaration and shown on the Plat, 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. NOW THEREFORE, Declarant hereby desires that the real property described in the Declaration and the Plat, 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 as amending the Declaration. These covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions hereinafter set forth shall run with the land and shall he 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 Page 1 of 4 subject to this Declaration, and shall inure to the benefit of each Owner hereof. ARTICLE II—PROPERTY SUBJECT TO THIS DECLARATION—Amended in part Amended and Fully Restated Section 2.01. DUNLORA FOREST. The portion of the Property which at this time is, and shall be held, transferred, sold, conveyed, donated, leased, devised, inherited and occupied subject to this Declaration, is: A) Those certain lots or parcels of land numbered 1 through 60, in Phase 1 and Phase 2 of Dunlora Forest Subdivision, and, Open Space Parcels A, B, C and D, and Private Roadways, as shown and described on the certain subdivision plat entitled "Plat Showing a Subdivision of and Easements for Dunlora Forest, Phases 1 & 2" (the "Plat"), prepared by Dominion Engineering. dated August 20, 2012, and Revised March 11, 2013, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4320, Pages 171 — 209, to which reference is hereby made for a more particular description of the Property. B) The Property description in A) above is hereby amended by the Plat of Boundary Line Adjustment for (Portion of ) TM 61-166, Lots 43, 44, 49 and 50, Dunlora Forest Subdivision, Rio District, Albemarle County, Virginia, by Dominion Engineering, dated March 27, 2013, as revised May 29, 2013 and June 6, 2013, which is incorporated herein and recorded herewith. C) The Property description in A) above is hereby amended by the Boundary Line Adjustment Plat titled: Lots 1, 2 & Residue Boundary Line Adjustment, Dunlora Forest, Phase 2, (Portions of ) TMP 62F-A, Rio District, Albemarle County, Virginia, by Dominion Engineering, dated June 11, 2013, which is incorporated herein and recorded herewith. [Signatures and Notary Blocks Follows on the Next 2 Pages] Page 2 of 4 low- *Noe IN WITNESS WHEREOF, the Declarant has caused this Amendment to be executed on its behalf by its duly authorized manager(s). ROCK CREEK PROPERTIES,LLC,a Virginia limited liability company 7,7".. By: B Z ._...l Y l 5 Fr. T. .,. lif, Manager Charles W. Hurt, Manager COMMONWEALTH OF VIRGINIA, CifY/COUNTY OFA 11 °,-Nr c,s t€ , to wit: The foregoing instrument was acknowledged before me thisg4 day of September, 2013 by Frank T.Ballif and Charles W. Hurt as Managers for Rock Creek Properties,LLC, a Virginia limited liability company. My commission expires:,-- i-)u{C.... r` (SEAL&Cert No) - " r _ /_ L. d 1 \I'�Ot r 015pl .HAVERSTR..M NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2016 REGISTRATION NO.298946 Page 3 of 4 ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDERS The undersigned hereby acknowledge and consent to the recordation of the foregoing Amendment #1 to the Declaration of Covenants, Conditions and Restrictions for DUNLORA FOREST (the "Declaration") and to the imposition of the covenants, conditions and restrictions set forth therein upon the Property and expressly acknowledge and agree that the lien, operation and effect of the deed of trust recorded for the benefit of each of the undersigned is hereby made subordinate to this Declaration and any amend. The undersigned have joined herein solely for the purposes set forth above and for no other or further purposes whatsoever. The undersigned expressly disclaim any liability or obligation whatsoever with regard to the preparation, drafting, substance or content of this Declaration. UNION SE RVICE CORPORATION,Trustee By: /i aii (2,11-6-4"------ (SEAL) Name: .X::)k curt)._ .J . A 11 f'v� Title: rj , Q ;- ; trvi- COMMONWEALTH OF VIRGINIA CITY/COUNTY OF A c l x�rx�;� i , to-wit: The foregoing instrument was acknowledged before me this lb day of ', 2013, by is c,-.i) it e.,-m , \,; e CA}' of Union Service Corporation, a Virginia corporation, on behalf of the corporation as trustee. My commission expires: -7 - +-?_C i(„ %f Registration No.: a `1‘Ack 0.?„3 Lt _Notary Public ” LOIS A. HAVERSTROM UNION FIRST MARKET BANK, successor by merger to First NOTARY PUBLIC Market Bank, FSB and to Union Bank and Trust Company COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2016 By: (SEAL) REGISTRATION NO.. 298946 `�-' �� - - - Name: Title: S COMMONWEALTH OF VIRGINIA GITfCOUNTY OF ¢-\ lE x :i 5. . , to-wit: The foregoing instrument was acknowledged before me this l C Thay of eC)ac.v 2013, by S'1 �o I� -' ,r, , ,`x=v,; r ;v't _ f Union First Market Bank, on behalf of the bank. My commission expires: • t ._ Registration No.: : '., `°-t'- t' e r7 LOIS A. HAVERSTROM Notary Public ? , NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2016 REGISTRATION NO. 298946 Page 4 of 4