HomeMy WebLinkAboutSUB201200122 Review Comments Miscellaneous Submittal 2012-11-15Community Development Document Review
County Attorney's Office
TO:
PROJECT NUMBER: LZ 201 2--- Gn (2Z- Be-,(°V own Cer-,.A -ef-
You have requested that our office review the attached development document identified below:
Drainage easement
Shared parking agreement/easement
Open space /greenway easement
Dedication of right -of -way
Parcel determination
_-,Z Other: Tee-(C.K-71ACM
The document is:
is approved
is approved with minor edits as noted on the attached
s not approved because:
: Signatures or acknowledgement need to be redone (see comment below)
Legal description needs to be revised (see comment below)
_,G other (see comment below) r
Comment: —A e ( cub--f c - tD pti IA l C /tkS -P S koll Id
If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a
party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance
on behalf of the County are provided. If the document did not include the applicants' signatures, a final version
of the document with the required signatures may now be submitted.
C Date: It t`F
Gre to
Dep ou ttorney
TMP 06100- 00- 00 -158AO (portion)-
SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS
FOR BELVEDERE
Belvedere Town Center
THIS SUPPLEMENTAL DECLARATION is made this 1" day of October,
2012, by BELVEDERE TOWN CENTER, LLC, a Virginia limited liability company (the
"Declarant ")
Recitals
A. Declarant owns TMP 06100- 00- 00- 158A0, containing 3.446 acres, more
or less (the "Property ")
B. The Trustees of the Belvedere Station Land Trust heretofore executed
the Belvedere Declaration of Covenants and Restrictions, dated January 25, 2008, recorded
January 29, 2008, in the Office of the Clerk of the Circuit Court of Albemarle County,
Virginia (the "Clerk's Office "), in Deed Book 3545, page 1, as amended by various
supplemental declarations heretofore recorded in the Clerk's Office (collectively, the
"Belvedere Declaration "). The Trustees reserved, for themselves and their affiliates, the right
to subject additional properties to the Declaration with such complementary additions and/or
modifications of the covenants and restrictions contained in the Declaration as may be
necessary or convenient, in the sole judgment of Declarant.
C. The Trustees of the Belvedere Station Land Trust assigned to Belvedere
Town Center, LLC, an affiliate, all of its rights as Declarant under the Declaration with respect
to the Property pursuant to that certain deed dated November 4 2011, recorded in the Clerk's
Office in Deed Book 4094, page 378.
This instrument was prepared by Robert J. Kroner, VSB # 18682, 418 E. Water Street, Charlottesville, VA 22902.
D. By Supplemental Declaration dated September 24, 2012, recorded in
the Clerk's Office in Deed Book 4234, at page 300 (the "Supplemental Declaration "),
Declarant subjected the Property to the Belvedere Declaration, reserving the right to further
subdivide, combine, re- subdivide, re- combine, or otherwise modify or reconfigure any portion
or all of the Property; to assign voting rights to newly created Lots; to exercise any of the other
rights reserved under Article II of the Belvedere Declaration; and to re- designate any portions
of the Property as Common Areas, Roads, Commercial Lots, Multifamily Lots, or such other
designations as would, in Declarant's sole discretion, facilitate the development of the Property
as a portion of the Belvedere subdivision.
E. Declarant wishes to designate Lots 11 through 19 shown on the
attached plat entitled "Belvedere Town Center Phase I," consisting of 5 sheets, made by
Commonwealth Land Surveying, LLC, dated July 27, 2012 last revised September 19, 2012. (the
"Plat ") as "Townhouse Lots" and to designate certain other areas shown on the Plat as part
of the "Common Areas" (as such terms are defined in Article I of the Belvedere
Declaration).
F. All capitalized terms not otherwise defined in this Supplemental
Declaration shall have the meanings given such terms in the Belvedere Declaration.
Declaration
NOW, THEREFORE, pursuant to the authority reserved by Declarant in Article
II, Section 2, of the Belvedere Declaration, and in Section 4 of the Supplemental Declaration,
Declarant declares as follows:
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1. Each of the lots shown on the Plat as Lots 11, 12, 13, 14, 15, 16, 17, 18,
and 19 is hereby designated as a "Townhouse Lot."
2. The areas shown on Sheet 2 of the Plat as "Common Area 0.16 Acres,"
"Variable Width R \W," "20' Alley Access Easement," "51' Private R/W," "Private Drainage
Easement D.B. 4159 Pg. 675," and the area shown on Sheet 3 of the Plat as "20' Drainage
Easement To Be Dedicated To Public Use" are hereby designated as Common Areas. The
areas shown on the Plat as "Variable Width R \W," "20' Alley Access Easement," and "51' -
Private R/W" are hereby designated as Private Alleys and, as such, shall be maintained
according to the standards set forth in Article IV, Section 3(b), of the Declaration.
3. Declarant hereby establishes an open space easement over the area
shown on the Plat as "Common Area 0.16 Acres" (the "Open Space "). Other than curbs and
sidewalks installed in accordance with any County approved site plan, no buildings, overhangs
or other improvements or obstructions shall be placed within the Open Space, and no new trees,
shrubs, or fences shall be placed within the Open Space without the approval of Declarant or the
Association. The Open Space may be used for such purposes as the Association may, from time
to time, approve.
[Signatures are on the following page.]
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WITNESS the following duly authorized signature and seal.
BELVEDERE TOWN CENTER, LLC
BY:
Robert M. Hauser, Manager
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF , to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
October, 2012, by Robert M. Hauser, Manager of Belvedere Town Center, LLC, a Virginia
limited liability company, on behalf of the company.
Notary Public
Certificate number:
My commission expires:
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