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Home My WebLink AboutSUB201200133 Review Comments Miscellaneous Submittal 2013-03-12TO:J�G.i e C• Community Development Document Review County Attorney's Office PROJECT NUMBER: S U, 2020, 13 3 f� SC° 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 Other: ILA!' l L �7,1 efecfarlt C-Ton re- The document is: is approved is approved with minor edits as noted on the attached t/ p - � p�Q.G.CC�r� P � is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description deeds to be.revised (see comment below) Other (see comment below) Comment: eorrre-ct -&k re .re iI C e. 6 6�e 916-t 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. (214, A�� :-- Gr a one Deputj ounty Attorney Date: 03111 // 3 -TMP 06100- 00- 00 -158A0 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR BELVEDERE THIS SUPPLEMENTAL DECLARATION is made this day of 2013, by BELVEDERE TOWN CENTER, LLC, a Virginia limited liability company (the "Declarant "). Recitals: A. Declarant owns that certain parcel of real property consisting of 2.888 acres, more or less, identified as "TMP 61 -158A" on a plat entitled "Division e P,/'Vj �BDor&r� I --ine. A&Ownt i fur— Sharrtg Phase III TMP 61 -158A Belvedere Town Center Albemarle County, Virginia," made by Commonwealth Land Surveying, LLC, dated November 5, 2012A(the�� "Plat "),- which is attached hereto and incorporated herein by this reference. 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 Cleric 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 Cleric'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 This instrument was prepared by Scott I Kroner, PLC, 418 E. Water Street, Charlottesville, VA 22902. to the Property pursuant to that certain deed dated November 4 2011, recorded in the Clerk's Office in Deed Book 4094, page 378. D. Declarant wishes to subject the property shown on the Plat as Lot 20 (0.197. acres), Lot 21 (0.133 acres), Lot 22 (0.224 acres), Lot 23 (0.185 acres), Lot 24 (0.279 acres), and Phase III Common Area (0.829 acres) . (collectively, the "Property ") to the Belvedere Declaration, as heretofore and hereby supplemented and amended. NOW, THEREFORE, pursuant to the authority reserved by the Declarant in Article II, Section 2, of the Belvedere Declaration, the Declarant declares that the Property is and shall beheld, transferred, sold, conveyed, given, donated, leased, occupied and' used subject to the Belvedere Declaration and all amendments and modifications to the Belvedere Declaration. All capitalized terms not otherwise defined in this Supplemental Declaration shall have the meanings given such terms in the Belvedere Declaration. 1. Commercial Lot. Each of Commercial Lot 20, Commercial Lot 21, Commercial Lot 22, Commercial Lot 23, and Commercial Lot 24 shown on the Plat is hereby designated as a "Commercial Lot" as such term is defined in the Belvedere Declaration. 2. Type "C" Voting Member. The Owner of each of Commercial Lot 20, Commercial Lot 21, Commercial Lot 22, Commercial Lot 23, and Commercial Lot 24 shall be a Type "C" Voting Member as such term is defined in the Belvedere Declaration, and, subject to the provisions for voting by joint owners set forth in Article III, Section 3, of the Belvedere Declaration, shall be entitled to one (1) vote on behalf of the Property on Association matters. N 3. Phase III Common Area. The portion of the Property shown on the Plat as Phase III Common Area, containing 0.829 acres, is hereby designated as. a "Common Area" as such term is defined in the Belvedere Declaration. Notwithstanding the foregoing, only the Owners of Commercial Lots 20, 21, 22, 23, and 24, and any other Commercial Lots that may be immediately adjacent to the southern boundary of the Phase III Common Area, and their respective tenants, guests, employees, and invitees, shall be entitled to use and enjoy the parking spaces located within the Phase III Common Area; the pavilion and the tot lot located on the Phase III Common Area may be used and enjoyed by all Owners and their family members, guests, tenants, and invitees. Declarant reserves the right to assign exclusive use of the parking spaces located in the . Phase III Common Area to particular Commercial Lot Owners, such assignment to be made by deed or other instrument. The Association shall be responsible for maintaining the Phase III Common Area including, without limitation providing trash removal, common area landscape maintenance, parking lot lighting, maintenance and repair of the parking lot, and snow removal from parking lot and sidewalks. 4. Access Easement. The Owners of Commercial Lots 20, 21, 22, 23, and 24, and their respective employees, guests, and invitees, shall be entitled to the same easement for enjoyment in the Common Areas and Open Space as the other Members of the Association, at no additional cost. 5. Assessments. The Initial Capital Assessment payable pursuant to the provisions of Article V, Section 1(b) of the Belvedere Declaration shall be in the amount of $0.20 for each square foot of space in the building constructed on each Commercial Lot. 3 "The initial annual Regular Assessment payable pursuant to the provisions of Article V, Section 2, of the Belvedere Declaration shall be in the amount of $0.76 per square foot of space in the building constructed on each Commercial Lot; such annual Regular Assessment shall be payable in equal consecutive monthly installments commencing on the date of the first sale of an improved Commercial Lot by the Declarant, and shall be subject to adjustment as provided in the Belvedere Declaration. If the Owner of any Commercial Lot wishes to have internet cable service provided to such Commercial Lot, arrangements must be made by such Owner directly with the internet service provider 6. Partywalls and Landscaping. The provisions of Article IX of the Declaration shall not apply to the Property. 7. Right of Entry. Notwithstanding the. provisions of Article VII, the Association or its agents shall have the right, but not the obligation, to enter upon any Lot or improvements thereon only for emergency, security and safety reasons. 4 WITNESS the following duly authorized signature and seal. BELVEDERE TOWN CENTER, LLC By: Darby Holdings, Inc., Manager BY: Robert-M. Hauser, President COMMONWEALTH OF VIRGINIA CITY /COUNTY OF , to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2013, 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: E