HomeMy WebLinkAboutSUB202100178 Other 2023-01-18Prepared by: Kristy L. Johnston TMP# 06200-00-00-029RO
VSB# 94345
2350 Commonwealth Drive, Suite C
Charlottesville, VA 22901
SUPPLEMENTARY DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
There is of record in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book 693, page 780, Covenants, Conditions and Restrictions for Ashcroft
Subdivision. Ashcroft West, LLC has requested that Lots 159, 160, 161, 162, 163, 164, and 165,
Phase 6V4 of Ashcroft West Subdivision, as shown on a plat of Roudabush, Gale & Assoc., Inc.,
dated -April October 25, 2021, revised T..... afy ", 2022, last revised October 5 2022 attached
hereto and made a part hereof, entitled "Final Subdivision Plat, Ashcroft West Subdivision,
Phase 6V41 Tax Map 62 Parcel 29R," be added to said subdivision and be subject to the said
Covenants, Conditions and Restrictions for Ashcroft Subdivision of record in the aforesaid
Clerk's Office in Deed Book 693, page 780, as amended by Amendments to Declaration of
Covenants, Conditions and Restrictions of Ashcroft Neighborhood Association dated April 1,
1980, as amended, and Architectural Control Provisions by Agreement between Ashcroft
Neighborhood Association and Liberty Land, Ltd., which amendment is effective February 15,
2007, and is of record in said Clerk's Office in Deed Book 3368, page 276.
Pursuant to Article II of said Restrictions, the said Lots 159, 160, 161, 162, 163, 164, and
165, Phase 6V4 of Ashcroft West Subdivision, are hereby added to said subdivision and the said
Covenants, Conditions and Restrictions of record in said Clerk's Office in Deed Book 693, page
780, are hereby imposed upon said Lots.
The area on the said plat, designated as "common open space," shall be synonymous with
all references to "common areas" in the said Covenants, Conditions and Restrictions.
The road described on said plat as Summit Ridge Trail and the road described on said plat
as Ashcroft Circle will be maintained in perpetuity to a standard that, at a minimum, ensures that
they will remain in substantially the same condition as they were when approved by the County
of Albemarle at the time of the approval of the said attached plat by the agent signing the said
plat on behalf of the County of Albemarle. The travelways shall at all times be maintained so
that they are safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions.
For purposes of this instrument, `maintenance' includes the maintenance of the private
streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and
other private street improvements, and the prompt removal of snow, water, debris, or any other
obstruction so as to keep the private street or alley reasonably open for usage by all vehicles,
including emergency services vehicles.
The condition of the said travelways when approved by the County of Albemarle prior to
the execution of the plat by the agent for the County of Albemarle is 8 inches of compacted
gravel, 2 inches of asphalt and 20 feet in width.
The said travelways shall be maintained when Ashcroft Neighborhood Association
determines that the travelways do not meet the terms of maintenance as described herein and as
described in the Declaration of Covenants, Conditions and Restrictions for Ashcroft Subdivision,
of record in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in
Deed Book 693, page 780, as amended by Amendment to the Declaration of Covenants,
Conditions and Restrictions of Ashcroft Subdivision, dated April 1, 1980, as amended, of record
in said Clerk's Office in Deed Book 3368, page 276.
2
Pursuant to the said Covenants, Conditions and Restrictions for Ashcroft Subdivision, the
means of collection necessary for the cost of maintaining the travelways is as set forth in said
Declaration and provides the right of any landowner subject to the instrument to record a lien
against a non-contributing landowner to bring an action at law to collect the funds and the right
of the Association to do so, or both.
Maintenance costs will be prorated equally among the landowners subject to the said
Covenants, Conditions and Restrictions for Ashcroft Subdivision, as amended from time to time,
with each lot paying an equal amount. Any lot that is further subdivided shall pay the same
amount of dues and assessments as the lot from which it was originally divided.
No public agency, including the Virginia Department of Transportation and the County
of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein.
Ashcroft West, LLC, joins herein to request that said Lots be added to Ashcroft
Subdivision.
Liberty Land, Ltd., executes this Supplementary Declaration of Covenants, Conditions
and Restrictions to amend said Restrictions to add the property shown on the said plat to
Ashcroft Subdivision.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Liberty Land, Ltd., has caused its name to be signed hereto
by Richard L. Beyer, its President, and Ashcroft West, LLC, has caused its name to be signed
hereto by Richard L. Beyer, its Manager.
Liberty Land, Ltd.
By:
Richard L. Beyer, President
Ashcroft West, LLC
By:
Richard L. Beyer, Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY to -wit:
The foregoing instrument was acknowledged before me this _ day of ApFi�
2922January 2 223. by Richard L. Beyer, President of Liberty Land, Ltd., and as Manager of
Ashcroft West, LLC.
Notary Public
My commission expires:
My Notary ID#
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