The URL can be used to link to this page

Home My WebLink AboutSUB201300158 Review Comments Miscellaneous Submittal 2014-03-14Community Development Document Review County Attorney's Office TO PROJECT NUMBER: 6l r/ Zo �J ' �� I e[Ved e-c (C� -b C�'�'C�2 E 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: I 1 e cle' v-�i� The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements 1✓ is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description needs to be revised (see comment below) Other (see comment below) 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. — 4�2�- Greg K, �i p e Deputy tun Attorney Date: C TMP 06100- 00- 00 -158AO SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR BELVEDERE Belvedere Town Center, Phase II (Residential) THIS SUPPLEMENTAL DECLARATION is made this _ day of March, 2014, by BELVEDERE TOWN CENTER, LLC, a Virginia limited liability company (the 1 "Declarant Y Recitals: A. . Declarant owns that certain parcel of real property consisting of 0.557 acres more or less, identified as "Phase II" on a plat entitled "Division & R/W Boundary Line Adjustment Phase II TMP 61 -158A Belvedere Town Center Albemarle County, Virginia," made by Commonwealth Land Surveying, LLC, dated September 26, 2013, last revised December 13, 2013 (the "Plat "), which is attached hereto and incorporated herein by this reference. Phase II consists of 0.529 acre as shown on plat attached to the Supplemental Declaration of Covenants and Restrictions for Belvedere dated May 2, 2013, recorded in the Office of the Clerk of the Circuit Court of Albemarle County (the "Clerk's Office ") in Deed Book 4349, page 264, less 0.006 acre added to the Belvedere Place right -of -way plus 0.034 acre added to Phase II (and subtracted by Phase III), all as shown on the Plat. 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 Clerk's Office in Deed Book 3545, page 1, as amended by various - supplemental declarations heretofore recorded in the Clerk's Office (collectively, the Prepared by Robert J. Kroner (VSB #18682), 418 E. Water Street, Charlottesville, VA 22902. "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. D. Declarant wishes to subject the property shown on the Plat as Lots 1 through 10 and Phase II Common Area (0.015 AC. Between Lots 5 and 6, and 0.050 Ac. Between Lot 10 and Belvedere Place) (collectively, the "Property ") to the Belvedere Declaration, as heretofore and hereby supplemented and amended. NOW, THEREFORE, pursuant to the authority reserved by the original Declarant in Article II, Section 2, of the Belvedere Declaration, the Declarant declares that the Property is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Belvedere Declaration and all amendments and modifications to the Belvedere Declaration, including without limitation the provisions set forth in this Supplemental Declaration. All capitalized terms not otherwise defined in this Supplemental Declaration shall have the meanings given such terms in the Belvedere Declaration. 0) 1. Townhouse Lot. Each of the lots shown on the Plat as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 is hereby designated as a "Townhouse Loth" as such term is defined in the Belvedere Declaration. 2. Type "A" Voting Member. The Owner of each of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Belvedere Town Center Phase II, shall be a Type "A" 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 for each Townhouse Lot in which the Owner holds . the interest required for Membership. 3. Phase II Common Area. The areas shown on Sheet 2 of the Plat as "Common Area 0.015 Ac.," "Common Area 0.050 Ac.," "New 6.50' Sidewalk Easement," and "R/W Adjustment 0.006 Ac." are hereby designated as Common Areas as such term is defined in the Belvedere Declaration. The areas shown on the Plat as "R/W Adjustment 0.006 Ac." (being added to and becoming part of the "Variable Width R \W Belvedere Place" shown on the Plat), and "New 20' Alley Access Easement" 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. Notwithstanding the foregoing, only the Owners of Lots 1, 2, 3, 4, 5, 6, 7, 8, nd 10, Phase II, and their respective tenants, guests, employees, and invitees, shall be entitled to use and enjoy the vehicular and pedestrian facilities located within the area designated as the "New 20' Alley Access Easement." The Association shall be responsible for maintaining the Phase II Common Areas according to the standards set forth in Article IV, 3 Section 3, of the Belvedere Declaration, including, without limitation, maintenance and repair of the Private Alleys and the sidewalk located within the "New 6.50' Sidewalk Easement" and snow removal from the Private Alleys. V ^ s 4. Access Easement. The Owners of 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Belvedere Town Center Phase II, 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. WITNESS the following duly authorized signature and seal. BELVEDERE TOWN CENTER, LLC By: Darby Holdings, Inc., Manager By: (SEAL) Robert M. Hauser, President COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing instrument was acknowledged before me this _ day of March, 2014, by Robert M. Hauser, President of Darby Holdings, Inc., a Virginia corporation, as Manager of Belvedere Town Center, LLC, a Virginia limited liability company, on behalf of the company. Notary Public Certificate number: My commission expires: 4