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HomeMy WebLinkAboutSUB200800084 Application Final Plat 2008-03-24 ► ( Wnity Development Department,Zoning 8 0�' �� County of bemarle Current Development Division 401 McIntire Road Charlottesville,VA 22902-4596 Planning Application 1 Voice :(434)296-5832 Fax:(434)972-4126 PARCEL/ OWNER INFORMATION TMP 07800-00-00-05700 Owner(s): PANTOPS-LAKERIDGE LLC Application# SUB200800084 PROPERTY INFORMATION Legal Description ACREAGE Magisterial Dist. Rivanna Land Use Primary Forest Current AFD Not in A/F District Current Zoning Primary Rural Areas APPLICATION INFORMATION House # Street Name Apt/Suite City State Zip Street Address Entered By: Lisa Jordan on 03/13/2008 Application Type Subdivision Plat Project: Ashcroft West- Final 5,742.00 Received Date 03/13/2008 Received Date Final Total Fees $ 670.00 Submittal Date 03/24/2008 Submittal Date Final Total Paid $670.00 Closing File Date Revision Number Comments: Legal Ad SUB APPLICATION(s) Type Sub Application Date Comments: Final Plat 03/13/2008 APPLICANT/ CONTACT INFORMATION Primary Contact Name Dominion Development Resources LLC Phone # (434) 979-8121 Street Address 172 South Pantops Drive Fax # (434) 979-1681 City/State Charlottesville VA Zip Code 22911-0000 E-mail Cellular# ( ) - Owner/Applicant Name PANTOPS-LAKERIDGE LLC Phone # (434)979-8181 Street Address P 0 BOX 8147 Fax # ( ) - City/State CHARLOTTESVILLE VA Zip Code 22906- E-mail Cellular# ( ) - Signature of Contractor or Authorized Agent Date : plreJ���1 c� e --mac . Application for Review of a Subdivision Plat "` " ❑ Preliminary Plat Final Plat ❑ Final Plat 17 folded copies ofplat are 17folded copies ofplat are required for Administrative Review required for first submittal-8 first submittal-8 folded copies required 1 folded copies required for a for a revision j revision ❑ Two-lot subdivision as described in Section 14-232(B)(2) j. or if all lots front on an existing public street =$95 Subject to Planning Commission Administrative Review Review ❑ Resubdivision(Section 14-212.3) =$95 O 1 to 9 lots =$720 0 1 to 9 lots =$360 ❑ 10 to 19 lots =$1,100 0 10 to 19 lots =$550 ❑ Condominium Plat =$100 O 20 or more lots =$1,330 A 20 or more lots=$670 ❑ Vacation(Section 14-212.2) =$170 Subject to Planning Commission Review ❑ 1 to 9 lots =$720 5 folded copies of plat are required for first submittal ❑ 10 to 19 lots =$1,100 ❑ 20 or more lots =$1,330 Groundwater Assessment(Reguired for all plats not serviced by public water that produce a new lot or lots less than 21 acres) ❑ Tier 2 Groundwater Review=$250 OR ❑ Tier 3 Groundwater Review[Required for plats producing five lots or more where at least 3 lots are 5 acres or less)=$400 ❑ $25.00 per new lot less than 21 acres + Total: Other matters subject to Planning Commission Review ❑ Waiver,variation or substitution of subdivision requirements =$180 Attach written justification O Relief of condition of prior approval =$180 Prior file Name/Number Other matters subject to Administrative Review Reinstatement of review=$65 Extension of plat approval=$45 Must be submitted at least five(5)days prior to expiration of plat Request to defer action on plat to an indefinite date=$75 Bondinj inspection for plat=$60 Other matters subject to Board of Supervisors Review Appeal to Board of Supervisors=$240 Prior file Name/Number Project Name: 4S t-{(12,0 FT v i E 5 i Tax map and parcel:"'rme "j Q VAcf-c Et-� 5-7 Magisterial District: •Z ►V ktu OA Zoning:PRO y Physical Street Address(if assigned): �1/V Location of property(landmarks,intersections,or other): w r 2/ L.66-0 OA ) i/ Contact Person(Who should we call/write concerning this project?): ?OM//►//t' I ,/vZl07),T<$Jt, 5 t2 V X C D1 I,C C Address j 702 c5OU►0 lei ,rrOPS DR;v(% City L1r c k o iil Sv r U('State dA Zip aac i 1 Daytime Phone( N Crlcl -Ai a I Fax#(I TO O ei 7Q -I(oX + E-mail Owner of Record PAL -0 P.5 1 is es i oe L 4-C. - n Address f O, € o y- &I ti 7 City( - r v r' i L State v A. Zip , a g o 1, Daytime Phone( )it 7?- 819) Fax#( ) E-mail Applicant(Who is the Contact person representing?): OV./Ar i - Address City_ State Zip Daytime Phone( ) Fax#( ) E-mail FOR OFFICE USE ONLY �1 SUB# h �f (�/ Fee Amount P 0 Date Pai�/4P By who?tia Itl,( //v it ( 1.IV' - Receipt#o9 L 7 Ck# •LO `9 By. elln/f/74- County of Albemarle Department of Community Development ,6Yt1/7/! - 401 McIntire Road Charlottesville,VA 22902 Voice: (434) 296-5832 Fax: (434)972-4126 11/19/07 Page 1 of 2 Property Information Does the owner of this property own(or have ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers here //0 Physical street address(if assigned) /vf/o Location of property(landmarks,intersections,or other) (A'V r or- fivfeyt far/(A✓ o tar 0 0/ l✓' ,O srom rr i r i2.iV Gt T7U2I Magisterial District: 2 I Oa OVA Zoning: Pe d I. 1 Comprehensive Plan Land Use Designation: Proposed Use(s)of property: g er 1 b& Y i Acreage Information: Total parcel acreage: Z s 3. 6 LI Acreage in new lots: y #of new lots: Z Acreage in open space: 5.2 s 14 Acreage in roads: /✓fib RE510lfr /NZ 8 Comments/Attachments: Owner/Applicant Must Read and Sign The plat application process includes providing the Planning Commission with all the information required in Chapter 14 Subdivision of Land of the Albemarle County Code. The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of Chapter 14 Subdivision of Land of the Albemarle County Code. Signatur Owner,Contract Purchaser gent Date >/yri r73/Z.Z, - 97 q 7 y- biz ( Print Name Daytime phone number of Signatory 11/19/07 Page 2 of 2 OF ALp 4ct County of Albemarle Department of Community Development June 27,2007 Justin Shimp Dominion Development Resources, LLC 172 South Pantops Drive Charlottesville, VA 22911 RE: SUB 06-376: Ashcroft West Preliminary Subdivision Plat Dear Mr. Shimp: The Board of Supervisors,at its June 13, 2007 meeting, approved the appeal of the denial of the private streets waiver request. As such,the waiver of Section 14-234 of the Subdivision Ordinance to allow the use of private streets has been granted. With this waiver,the Department of Planning and Community Development hereby grants administrative approval to the above-referenced preliminary plat. The approval of the preliminary site plan is valid for(1)one year in accordance with Subdivision Ordinance Section 32.4.3.1. Therefore,the preliminary approval shall expire June 13,2008. If the preliminary plat approval expires,a new application must be filed and processed. The preliminary plat may be valid for five(5)years from the date it is approved,pursuant to Section 14-228 of Chapter 14 of the Albemarle County Code,provided that the subdivider submits a final plat for all or a portion of the property within one(1)year(June 13,2008)of the approval as provided in section 14-221, and thereafter diligently pursues approval of the final plat.After three(3)years(June 13,2010)following preliminary plat approval,the agent may, after ninety(90) days' written notice provided by certified mail to the subdivider,revoke the approval upon a specific fmding of facts that the subdivider failed to diligently pursue approval of the fmal plat. The failure to officially submit a final plat as provided in section 14-221 within the one(1)year period shall render the approval of the preliminary plat null and a new application must be filed and processed. Please address all of the requirements and conditions listed below and submit eight(8)tentative plat copies to the Department of Community Development. This letter must be submitted with the tentative plats,as a checklist,to document that you have addressed all requirements or conditions,or the tentative plat will be denied. Erosion and Sediment Control,BMP Stormwater Management, and road plans with the associated applications and fees must also be submitted with the eight(8)tentative Plats. Once the tentative plan is submitted and reviewed,you will receive comments from all departments/divisions/agencies that have made comment on the tentative plan. Any further responses must be made directly to each department/division/agency that has further comment. After all aforementioned departments/divisions/agencies have granted a tentative approval,you must verify with the Planner that you may submit the final plat mylar(or other original medium),the final plat application,and any remaining fees to the Department of Community Development. Assuming that the final plat reflects all tentative approvals,signing of the plat will occur within four days. The final plat will be subject to all fmal plat requirements(Subdivision Ordinance Section 14.206), in addition to the following conditions. The Department of Community Development shall not accept submittal of the final plat for signature until tentative approvals for the following conditions have been obtained.The final plat shall not be signed until the following conditions are met: Zoning&Current Development approval to include: ❑ Conditions of the ZMA require County attorney approval of Homeowner Association documents including any maintenance agreement. Please contact me at 296-5832 x.3432 if you have questions or require additional information. Engineering approval to include: ❑ The applicant needs to provide a letter of intent from the offsite property owners before the preliminary plat can be recommended for approval. This is needed for the access to the subdivision and the proposed utilities. [Design Manual 1101] ❑ Please provide conceptual stormwater management for the entire subdivision. Please contact Allan Schuck at 296-5832 x.3069 if you have questions or require additional information. Fire&Rescue approval to include: ❑ Approval is subject to field inspection and verification. Please contact James Barber at 296-5833 if you have questions or require additional information. HEALTH DEPARTMENT approval to include: ❑ Health Department verification of suitability of drainfield primary and reserve locations. Please contact 972-6259 if you have questions or require additional information. Sincerely, David E.Pennock,AICP Principal Planner Zoning&Current Development File: SUB 06-376 Ara ALn. 400 frnZIO County of Albemarle Department of Community Development May 2, 2007 Justin Shimp Dominion Development Resources, LLC 172 South Pantops Drive Charlottesville, VA 22911 RE: SUB 06-411: Ashcroft,Phase III Preliminary Subdivision Plat Dear Mr. Shimp: The preliminary plat is valid for five(5)years from the date it is approved,pursuant to Section 14-228 of Chapter 14 of the Albemarle County Code,provided that the subdivider submits a final plat for all or a portion of the property within one(1)year(May 2,2008)of the approval as provided in section 14-221,and thereafter diligently pursues approval of the final plat.After three(3)years(May 2,2010)following preliminary plat approval,the agent may, after ninety(90) days' written notice provided by certified mail to the subdivider,revoke the approval upon a specific finding of facts that the subdivider failed to diligently pursue approval of the final plat. The failure to officially submit a final plat as provided in section 14-221 within the one(1)year period shall render the approval of the preliminary plat null and a new application must be filed and processed. Please address all of the requirements and conditions listed below and submit eight(8)tentative plat copies to the Department of Community Development. This letter must be submitted with the tentative plats,as a checklist,to document that you have addressed all requirements or conditions, or the tentative plat will be denied. Erosion and Sediment Control,BMP Stormwater Management, and road plans with the associated applications and fees must also be submitted with the eight(8)tentative Plats. Once the tentative plan is submitted and reviewed,you will receive comments from all departments/divisions/agencies that have made comment on the tentative plan. Any further responses must be made directly to each department/division/agency that has further comment. After all aforementioned departments/divisions/agencies have granted a tentative approval,you must verify with the Planner that you may submit the final plat mylar(or other original medium),the final plat application,and any remaining fees to the Department of Community Development. Assuming that the final plat reflects all tentative approvals,signing of the plat will occur within four days. The final plat will be subject to all final plat requirements(Subdivision Ordinance Section 14.206), in addition to the following conditions. The Department of Community Development shall not accept submittal of the final plat for signature until tentative approvals for the following conditions have been obtained.The final plat shall not be signed until the following conditions are met: Zoning& Current Development approval to include: ❑ Earlier sections of Ashcroft included a tabulation chart that indicated an on-going total number of lots for this development. This tabulation chart should be updated for this phase. Please contact me at 296-5832 x.3432 if you have questions or require additional information. Engineering approval to include: ❑ The conceptual stormwater management plan will need to change at the fmal design. All proposed biofilters will be replaced with SWM pond facilities built on Open Space V. ❑ The building site areas are all shown outside of critical slopes except at Lot 9. However,the required building lot size varies throughout the subdivision. It appears that the applicant needs to submit a written request for critical slopes waiver for this lot. [14-304] ❑ The drainage easements from the private streets will extend through the individual lots to each SWM facility as needed to construct adequate stormwater conveyance channels. These easements will not extend through proposed drainfields. Please contact Allan Schuck at 296-5832 x.3069 if you have questions or require additional information. Fire&Rescue approval to include: ❑ Approval is subject to field inspection and verification. Please contact James Barber at 296-5833 if you have questions or require additional information. VDOT approval to include: ❑ All accesses and roadways shall be designed in accordance with the current Subdivision Street Standards,The Minimum Standards for Entrances to State Highways and the Road Design Manual; Please contact John Winn or Joel Denunzio at 293-0014 if you have questions or require additional information. HEALTH DEPARTMENT approval to include: ❑ Health Department verification of suitability of drainfield primary and reserve locations. Please contact 972-6259 if you have questions or require additional information. Sincerely, David E.Pennock,MCP Principal Planner Zoning&Current Development File: SUB 06-411 K.A.0,AL„, we. 8 • ®ash t� • r11P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville,Virginia 22902-4596 (804)296-5823 Ext.3385 Fax(804)972-4012 August 25, 2005 Virginia Land Company C/O Katurah Roell P.O. Box 8147 Charlottesville, Virginia 22906 RE: SUB 04-091 Ashcroft West Preliminary Subdivision Plat Dear Mr. Melton: At its meeting on Tuesday, July 26, 2005, the Planning Commission approved the above-referenced preliminary subdivision plat. Approval of the preliminary site plat is valid for one (1) year in accordance with Subdivision Ordinance Section 14-228. Therefore, approval of this preliminary plat shall expire on July 26, 2006. All final plats shall be submitted to the Department of Community Development while the preliminary plat is still valid. If the preliminary plat approval expires prior to the approval of all information required with the final plat, a new application must be filed and -- - processed. The Department of Community Development shall not accept submittal of the final subdivision plat for signature until all tentative final approvals have been obtained. The final subdivision plat shall not be signed until the following conditions have been met: 1. The plat shall be subject to the requirements of Section 14-303 (Contents of final plat), as identified on the "Final Subdivision Checklist"which is available from the Department of Community Development. 2. [Design Manual, Section 1102] The required offsite utility easements need to be approved and recorded before the engineering review can recommend approval to the final subdivision plat. [Design Manual, Section 1102] 3. [14-313] County attorney approval of Homeowner Association documents including any maintenance agreement identifying all parties that are responsible for the private road and common area/open space that is being created and their roles in maintaining this area, subject to County Attorney review and approval. 4. Approval of all new road names by the E-911 Addressing Coordinator. 5. The plat shall be subject to the Current Development Division's engineering review. 6. [14.309 & 310] Written approval from the Health Department for all septic and reserve drainfield locations. Ashcroft West Preliminary . • . , August 25, 2005 Page 2 7. Service Authority review and approval of water meter locations and plans for the off-site water line extension. 8. Flat bottom ditches shall be incorporated as water quality BMP features subject to Current Development Engineer approval. Please contact me at your earliest convenience if you have any questions, or require any additional information. Sincerely, Stephen B. Waller, AICP Planner swaller@albeinarle.org Attachments: Final Subdivision Plat Checklist Maintenance Agreement Checklist Copy: SUB 05-091 Terra Partners, C/O Eliot Fendig ASHLROFT DECLARATION OF COVENANTS , CONDITIONS AND RESTRICTIONS THIS DECLARATION, is made this 1st day of April, 1980 , by LIBERTY LAND, LTD. , a Virginia corporation (hereinafter referred to as the "Developer" ) , and ASHCROFT NEIGHBORHOOD ASSOCIATION, a Virginia corporation (hereinafter referred to as the "Association" ) . Factual Background. The Developer is the owner of real property located in Albemarle County, Virginia, consisting of approximately 525 acres and desires to create thereon a residential subdivision, to be known as Ashcroft. The Developer desires to provide for the preservation and enhancement of the property values and amenities in the subdivision and for the maintenance of the Properties and improvements thereon; and to this end , desires to subject the portion of the real property which is shown on the plat of William S. Roudabush , Jr. , dated September 17 , 1979, revised January 21, 1980 , entitled "Section I , Phase I , Ashcroft" , a copy of which is attached hereto as Exhibit A, together with such additions as may hereafter be made thereto ( as provided in Article II) , to the covenants, conditions , restrictions , easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of the property and the owners thereof . The Developer has deemed it desirable, for the efficient preservation of the values and amenities in the community, to create an agency to which should be delegated and assigned the powers of owning, maintaining and administering the common properties and facilities, administering and enforcing the covenants and restrictions , collecting and disbursing the assessments, dues and charges hereinafter created, and promoting the recreation, health, safety, common good and general welfare of the residents. In this regard, the Developer has incorporated under the laws of the State of Virginia the Ashcroft Neighborhood Association as a non-profit corporation for the purpose of exercising such functions. The Developer declares that the real property shown on the plat attached as Exhibit A, and such additions thereto as • may hereafter be made pursuant to Article II hereof, is and shall be held , transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens ( sometimes referred to as "covenants and restrictions" ) hereinafter set forth: ARTICLE I. DEFINITIONS SECTION 1.01. Ashcroft. The term "Ashcroft" as used herein unless otherwise stated shall mean and refer to all of the Properties and the residential subdivision created or to be created thereon. -2- Section 1. 02. Association. The term "Association" as used herein shall mean and refer to the Ashcroft Neighborhood Association, its successors and assigns . Section 1. 03. Board of Directors. The term "Board of Directors" as used herein shall mean the then duly constituted Board of Directors of the Association. Section 1.04. Common Areas . The term "Common Areas" as used herein shall mean and refer to those areas of land now or hereafter conveyed to the Association, or designated as "Common Area" on any recorded subdivision map of the Properties , together with all improvements and facilities thereon, which are intended to be devoted to the common use and enjoyment of the Members and others. Section 1. 05. Declaration. The term "Declaration" as used herein shall mean the covenants, conditions and restrictions. and all other provisions set forth in this document , as the same may from time to time be amended. Section 1.06. Developer. The term "Developer" as used herein shall mean and refer to Liberty Land , Ltd . , its successors and assigns. Section 1 . 07. Lot. The term "Lot" as used herein shall mean and refer to any plot of land designated as a numbered , residential lot upon any recorded subdivision map of the Properties , but excluding any Common Areas and any other specially designated areas . -3- Section 1. 08. Member. The term "Member" as used herein shall mean and refer to evey person and entity holding membership in the Association. Section 1.09. Owner. The term "Owner" as used herein , shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 1. 10. Properties. The term "Properties" as used herein shall mean and refer to all real property shown on the plat attached as Exhibit A attached hereto, together with such othr real property as may from time to time be annexed thereto under the provisions of Article II hereof . Section 1 . 11. Supplementary Declaration. The term "Supplementary Declaration" as used herein shall mean and refer to any declaration of covenants, conditions and restrictions which may be recorded , which extended the provisions of this Declaration to additional real estate and contains such complementary or modifying provisions for such real estate as are not inconsistent with the concept of this Declaration. ARTICLE II . PROPERTY SUBJECT TO DECLARATION Section 2. 01. Existing Property. The real property which is and shall be held, transferred , sold, conveyed , and occupied -4- subject to this Declaration is located in Albemarle County, Virginia, and is more particularly described in Exhibit A. Section 2. 02. Additions to Existing Property. Additional real property may from time to time become subject to this Declaration in the following manner: ( a) Additions by the Developer. The real property shown on the plat attached as Exhibit A attached hereto is the first section of the residential subdivision known as Ashcroft. The Developer, its successors and assigns shall have the absolute right from time to time and without the consent of the Association to bring within the terms of this Declaration additional properties, including all or any portion of the property described in (Exhibit Battached hereto, and any properties which are contiguous to the property described in Exhibit B. Any additional property thus added may at the discretion of the Developer include, but need not be limited to, areas and facilities ( including streets, roads, trails , community and recreation areas and facilities, and the like ) which are devoted to the common use and enjoyment of the Members. ( b) Other Additions. In addition to the provisions of Section 2.02 ( a) , additional properties also may be annexed to the Properties upon approval of the Association by the affirmative vote of a majority in voting power of the Members present in person or by proxy at a meeting called for that purpose at which a quorum is present. -5- ( c) Proceedure for Additions. The additions authorized under subsections (a) and (b) shall be made by recording in the office where the land records for the Properties are located one or more duly executed and acknowledged Supplementary Declarations of covenants, conditions and restrictions with respect to the additional property or alternatively, with respect to areas or facilities devoted to the common use and enjoyment of Members, by deed of conveyance to the Association. The covenants for assessments set forth in Article V of this Declaration shall be deemed to include the maintenance , operation and improvement of that portion of such additional properties devoted to common use and enjoyment of Members from and after the time such properties are thus added . ARTICLE III . ASSOCIATION Section 3.01. General . The Association is a non-profit corporation organized under the Virginia Non-Stock Corporation Act for the purpose of owning , maintaining , and administering the community properties and facilities , administering and enforcing the provisions of this Declaration, and generally promoting the recreation, health, safety, common good and general welfare of the residents of Ashcroft. Section 3 . 02. Members. Each Owner shall automatically become a member of the Association in accordance with its Articles of Incorporation and By-laws as in effect from time to time. Membership in the Association shall be appurtenant -6- to and may not be separated from ownership of the Lots. Section 3 .03. Obligation of Members. Each Owner agrees by accepting conveyance of or interest in any Lot to abide and be bound by the Articles of Incorporation and By-laws of the Association, as in effect from time to time, including the payment of such assessments, dues and charges as may be made by the Association from time to time. ARTICLE IV. COMMON AREAS Section 4. 01. Obligations of the Association . The Association, subject to the rights of the Owners set forth in this Declaration, as it may be amended from time to time, any Supplementary Declaration which may be applicable, or any deed , shall be responsible for the exclusive management, operation, and control of the Common Areas, and all improvements thereon ( including furnishing and equipment related thereto) , and shall keep the same in good , clean, attractive and sanitary condition, order and repair . The Association shall also be responsible for the maintenance of common roads on the Properties as provided for in Section 8. 02. Section 4.02. Owners' Rights of Enjoyment. Subject to the provisions hereof, every Owner shall have a right of enjoyment in and to the Common Areas, which right shall be appurtenant to and shall pass with the title to every Lot. -7- Section 4 .03. Extent of Owners' Easements. The Owners' easements of enjoyment of the Common Areas created hereby shall be subject to the following: (a) The right of the Association, or its licensee , to establish reasonable rules and to charge reasonable admission and other fees for the use of the Common Areas. (b) The right of the Association to suspend the right of a Member to use any portion of its facilities for any period in accordance with its Articles of Incorporation and By-laws as in effect from time to time . ( c) The right of the Association to mortgage any or all of the improvements and facilities constructed on the Common Areas for the purposes of improvements or repair to the Association land or facilities. ( d) The right of the Association to dedicate , transfer , or otherwise effect all or any part of the Common Areas by granting rights to any governmental body, public or quasi public agency, authority or utility for such purposes and subject to such conditions as may be desired by the Association. ( e) The right of the Association to sell , lease , exchange, encumber, or otherwise dispose of any portion of the Common Areas . -8- ( f) The right of the Association to allow non-residents of Ashcroft to use Common Areas or recreational facilities in accordance with the Articles of Incorporation or By-laws of the Association as in effect from time to time. (g) The right of the Association to take such action as is reasonably necessary for the preservation of any Common Areas. ( h) The right of the Association to grant easements over the Common Areas to the owners adjoining Lots for the purpose of installing , operating and maintaining septic disposal systems serving improvements constructed on such Lots. ( i) The right of the Association to do such other things and take such other action with respect to any Common Areas as is necessary or convenient for the promotion of the common good or general welfare of Ashcroft, including the right to cause utilities to be extended to and maintained on the Common Areas . ( j ) The rights of the Developer as otherwise set forth herein. (k) No Owner shall place any obstruction of any kind on or store anything in the Common Areas without the prior written consent of the Association. -9- Section 4 , 04. Delegation of Use. Any Member may delegate his or her right of enjoyment of the Common Areas and facilities to the members of his or her family and to his or her guests subject to such general regulations as may be established from time to time by the Association. Section 4 . 05. Damage or Destruction of Common Areas . In the event any Common Areas or facilities are damaged or destroyed by a Member or his or her tenants or any of their guests , licensees, agents or members of his or her family, the Member does hereby authorize the Association to repair such damaged area at his or her expense. The Association shall repair the damaged area in a good workmanlike manner in conformance with the original plans and specifications of the area involved , or in the sole discretion of the Association , as the area may have been modified or altered subsequently by the Association . The costs of such repairs shall be borne by the Member and shall become a Special Assessment upon the Lot of such Member . section 4 . 06. Title to Common Areas. The Developer shall convey to the Association legal title to any Common Areas when the Developer in its discretion deems appropriate , but not later than December 31, 1989 . Until the Common Areas are conveyed to the Association, the Developer shall have the absolute right to ( i) encumber the Common Areas , ( ii) to operate and maintain , either itself or through a lessee or licensee , the Common Areas , -10- and ( iii) impose such reasonable charges for the use of the Common Areas as it may determine. The Common Areas may be conveyed to the Association subject to the lien of any deed of trust to which they are subject at the time of the conveyance ; however, the Developer shall agree to save the Association harmless from any such lien. Members shall have all the rights and obligations imposed by this or any Supplementary Delcaration with respect to portions of the Common Areas from and after the time such portions of property are conveyed to the Association, except that prior to such conveyance the Association shall be liable for payment of taxes, insurance and maintenance costs with respect to such Common Areas. The Association hereby agrees to accept the conveyance of the Common Areas. ARTICLE V. ASSESSMENTS Section 5 . 01. General . Assessments, dues and charges of the Association shall be made in accordance with the Articles of Incorporation and By-laws of the Association, and the Owner of Lots against which the assessments, dues or charges are imposed shall be personally obligated for the payment thereof. No Owner may waive or otherwise avoid liability for the payment of any assessments, dues or charges of the Association by nonuse of the Common Areas or abandonment of his or her Lot. Assessments shall not be levied on exempt property as defined in Section 5 .06. -11- Sect ion 5. 02. Noneayment of. Assessments. Any assessment , due':: Or charges of the Association which are not maid within thirty ( .30 ) days after the due date established thereefor. shut I. Inc considered del inquest and may, upon resolution of the Board etii Directors, bear interest 1.roen the due date at the maximum rat al lowed by law. The Association shal I. also be entitled to recover from an Owner the expenses ( including ,e reasonable tterney' s fee) oI. col Lee ting any del inquent assessments, dues or charges . In addition to and not in L imitation of all other legal and equitable reined ies available to it, including the right to assert the lien provided for in Section 5. 01, the Association may bring an action at law against any Owner obligated to pay any assessments, dues or chares ( plus interest ones expenses) which are delinquent , either in the first instance or for a deficiency following foreclosure or other realization on the 1 ien prov ided for in Section 5.03. Section 5.0.3. Lien for Assessments. In addition to the personal obligation of the Owner of a Lot for the payment of assessments, dues and charges of the Association, there shall be in favor of the Association a continuing lien against each Lot and any improvements thereon to secure the payment of any assessments, dues and charges which may be imposed by the Association, plus interest and expenses. Every lien so created may be foreclosed by equitable foreclosure at any time within ten ( 10 ) years after the date on which the assessments, dues -12- or charges became due. Sale or transfer of any Lot shall not affect any lien provided for hereunder. Section 5. 04. Subordination of Lien to Certain Mortgages. The lien to secure the payment of assessments, dues and charges provided for in Section 5 . 03 shall be at all times subject and subordinate to any first or second mortgages or deeds of trust placed on any Lot at any time, provided that, from the time the Association places of record in the office where the land records for the Properties are located an instrument setting forth as to any Lot the fact that assessments, dues or charges of the Association are delinquent, the lien for the delinquent assessments, dues or charges in the amount stated in the instrument shall become a lien prior to any mortgages or deeds of trust placed of record subsequent thereto in the same manner as the lien of a docketed judgment in the State of Virginia. Section 5 .05. Non-Waiver and Evidence of Assessments. No right or remedy provided for in this Article for the collection of assessments, dues and charges of the Association is exclusive of any other remedies given hereunder or now or hereafter existing at law, in equity or by statute. No delay or omission by the Association in exercising any right or remedy provided for herein shall impair any such right or remedy or shall be construed to be a waiver of any delinquency or acquiescence therein. Any right or remedy of the Association provided for herein may be exercised from time to time and as -13- often as may be deemed expedient by the Association. A statement from the Association showing the balance due on any assessments, dues or charges shall be prima facie proof of the current assessments, dues or charges, if any, due on a particular Lot. Section 5.06. Exempt Property. The following property shall be exempt from any assessments , dues and charges of the Association and from the lien provided for in Section 5.03: ( 1 ) all property dedicated to and accepted by any public or quasi public authority or body or any public utility; ( 2 ) all Common Areas; and ( 3 ) until March 31, 1982, all Lots owned by the Developer and held for sale to the public, provided, such exemption for Lots owned by the Developer shall be applicable only so long as the annual assessment against other Lots does not exceed $180.00 and the Developer pays the Association such amounts as are necessary to offset any operating deficit of the Association. In no event shall the Developer have any obligation to offset any operating deficit of the Association after the exemption for Lots owned by it expires on Marcn 31, 1982. ARTICLE VI . ARCHITECTURAL CONTROL Section 6. 01 . Architectural Review Committee . The Architectural Review Committee shall be organized and operated in accordance with the Articles of Incorporation and By-laws of the Association as in effect from time to time. -14- Section 6.02. Purpose. The Architectural Review Committee shall regulate the lot areas to be cleared, external design, appearance, size, use, location, and maintenance of the Properties and of improvements thereon in such manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to conserve existing natural resources and amenities . Section 6. 03. Conditions. No building , fence , wall , structure, improvement, excavation, change in grade, major landscaping, or other work which in any way alters the exterior of any Lot or the improvements located thereon from their existing state shall be commenced, constructed, erected , made or done without the prior approval of the Environmental Review Committee. Section 6. 04. Procedures. Prior to the commencement of any action required to be approved by Section 6. 03, there shall be submitted to the Architectural Review Committee for approval plans and specifications showing the nature, kind, shape , size , height, materials , color and location of the work. In the event the Architectural Review Committee fails to approve , modify or disapprove in writing a request for approval required herein within sixty (60) days after plans , specifications , or other appropriate materials have been submitted to it in writing , in accordance with adopted procedures, approval will be deemed -15- granted . The applicant may appeal an adverse decision of the Architectural Review Committee to the Board of Directors, who may reverse or modify such decision by a two thirds ( 2/3 ) vote of the directors. The Architectural Review Committee may impose a reasonable fee for its review of any request for approval . ARTICLE VII. USE OF PROPERTY Section 7 . 01. General Restrictions. All Lots within the Properties shall be developed and maintained in accordance with the provisions of this Declaration, such regulations and restrictions as may be established from time to time by the Architectural Review Committee, and such additional regulations and restrictions as may be imposed by any Supplementary Declaration. Section 7 .02. Residential Use . All Lots shall be used for residential purposes only and not more than one single-family residence shall be placed on any one Lot. No tent, camper, vehicle designated for mobile living or temporary structure of any type shall be used as a residence, temporary or permanent on any Lot. No secondary structure shall be constructed on a Lot before the construction of the primary structure. No profession or home industry shall be conducted in or on any Lot without the prior written approval of the Association. Notwithstanding the foregoing , the Developer or its sales agent May use any portion of the Ashcroft Sports Club within the Properties for its sales and operating offices, for the storage -16- of materials used in connection therewith, and for the purposes of display, and speculative homes for sale to the public may be constructed on the Lots by the Developer or by contractors . Section 7. 03. Restriction on Further Subdivision. No Lot shall be further subdivided or separated into smaller lots by any Owner without the written consent of the Association, its successors and assigns, and no portion less than all of any such Lot shall be conveyed or transferred by an Owner; provided , however , this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments. No Lot shall be used as a roadway for access to any property lying outside of the boundaries of the Properties without the written consent of the Association. Section 7 . 04 . Nuisances. No noxious or unreasonable activities or noises shall be carried on or created upon any '.ot , nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood . Section 7 . 05. Maintenance of Property. Consistent with the conditions of Section 6. 03 , each Owner shall keep his or her Lot and improvements free of debris and in good order and repair , including , but not limited to, the seeding , watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting ( or other appropriate external care) of all structures and other improvements, all in a manner and with such frec!uency as is consistent with good property -17- management and so as not to detract from the overall beauty of the Properties and the common good and general welfare of Ashcroft residents. Any structure or improvement once commenced on any Lot must be completed within twelve (12 ) months from the date of commencement of construction. In the event an Owner of any Lot shall fail to ma irtta in the premises and improvements situated thereon or to complete any structures as provided herein , the Association, after reasonable notice to the Owner, shall have the right to enter upon the Lot to correct any violation of this section. All costs related to the correction, repair, restoration or completion of construction may become a Special Assessment upon such Lot in the discretion of the Board of Directors , which shall notify the Owner of such Lot in writing in the event of the imposition of any such Special Assessment . Section 7 . 06. Sanitation. No individual water wells shall be dug or outside toilet constructed on any Lot. At the discretion of the Developer, sewage disposal from all Gots shall be ( i ) by proper connection to a central sewage disposal facility, or ( ii) by a private septic tank sewage disposal system to be constructed and maintained on each Lot by the Owner thereof in accordance with applicable rules and regulations of the appropriate health and regulatory authorities. In the event central sewage and/or water service is made available to any Lot , the Owner of the Lot agrees , by accepting conveyance of or interest in the Lot, to convert to the use of the central -18- system even though an individual system previously may have been installed , and to pay all connection and use charges in accordance with rate schedules in effect from time to time. Section 7. 07. Other Restrictions and Regulations. The ,architectural Review Committee may from time to time impose additional restrictions and regulations upon the use of Lots located within the Properties as it may deem necessary or convenient for the common good and general welfare of Ashcroft, including the regulation of location and size of structures; erection, maintenance and display of signs , and outdoor radio and television atenae; parking of vehicles; and the keeping and maintenance of animals and household pets. Any restriction of regulations imposed by the Architectural Review Committee may be amended replaced or terminated at any time by the Committee. ARTICLE VIII . UTILITIES AND ROADS Section 8 .01. Utility Easements. The Developer reserves for itself , its successors and assigns , a perpetual and alienable easement and right of way ten feet in width in the proximity of the front and both sidelines of each Lot and fifteen feet in width in the proximity of the rear line of each Lot for the installation, maintenance, inspection, replacement, and repair of underground electrical , telephone, water, sewer, gas, television, and drainage lines, facilities and equipment. The easements provided for in this Section shall include the right -19- of ingress and egress, the right to cut trees, brush and shrubbery, the right to grade the soil , and the right to take other similar reasonable action necessary to provide economical and safe utility and drainage facilities. Any damage resulting from the use of the easements hereby reserved shall be promptly repaired at the expense of the entity responsible for such use . Section 8 . 02. Roads. There shall be a perpetual , non- exclusive easement appurtenant to each Lot in Ashcroft for purposes of ingress and egress over the common roads shown on the plat attached hereto as Exhibit A and over such other roads as may hereafter be construed and shown on subsequent plats of real property made a part of Ashcroft by Supplementary Declaration. The Association shall have the responsibility for the maintenance and repair of all common roads in Ashcroft , auo the cost thereof shall be paid by the Owners as part of the general assessments, dues and charges of the Association, except such roads, if any, which have been accepted for maintenance by the Virginia Department of Highways or other public body. ARTICLE IX. GENERAL PROVISIONS Section 9 . 01. Duration. The covenants and restrictions of this Declaration shall run with and bind the land for a term of thirty-five ( 35) years from the date this Declaration is recorded , and thereafter shall be automatically renewed for successive periods of ten ( 10 ) years each unless terminated -20- as provided for in Section 9 . 02. Section 9. 02. Termination and Amendment. This Declaration may be terminated at the end of the original or any renewal term upon the affirmative vote of two thirds { 2/3 ) in voting power of the Members of the Association who are present in person or by proxy at a meeting called for such purpose at which a quorum is present, which action shall be conclusively evidenced by an instrument recorded in the Clerk' s Office where this Declaration is recorded . Section 9. 03. Applicability. The covenants, restrictions , reservations and provisions contained in this Declaration shall apply to the property described in Exhibit A attached hereto , and to such property covered by Supplementary Declarations as may be recorded from time to time in accordance herewith, and shall not apply to any other lots , tracts or parcels of land now owned or hereafter acquired by the Developer. Section 9 . 04 . Enforcement. The Association , any Owner or the Developer shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions , covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and any Supplementary Declarations . Failure to enforce any covenant or restriction herein contained shall in no event be deemed to waiver of the right to do so thereafter. -21- Section 9. 05. Severability. Invalidation of any one of the provisions of this Declaration or any Supplementary Declaration by judgment, court order or otherwise shall in no way affect any other provisions which shall remain in full force and effect. Section 9. 06. Non-Discrimination. Any person, when he becomes an Owner, agrees that neither he or she , nor any one authorized to act for him or her , will refuse to sell or rent, after the making up of a bona fide offer, or refuse to negotiate for the sale or rental of , or otherwise make unavailable or deny any of the property owned by him or her in Ashcroft to, any person because of race, color, religion, sex or national origin. IN WITNESS PJHER£OF, the parties have caused their names to be signed hereto as of the date first above written. LIBERTY LAND, LTD. /C Presulent ASHCROFT NEIGHBORHOOD ASSOCIATION • Pr Bent •J -22- STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: I, ,5j,�.'41 � . PA)fEA,!1-21 a Notary Public in and for the County and State aforesaid, do hereby certify that Gary D. Cooper whose name as President of Liberty Land, Ltd . , is signed to the foregoing instrument bearing the date of April 1, 1980 , has personally acknowledged the same before me in my County and State aforesaid. My Commission expires: .)�'f1 11A F K. Notary Public STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: I , _5_,5, ,t/ '. �.1��;.�� t,,/, a Notary Public in and for the County and State aforesaid , do hereby certify that Gary D. Cooper whose name as President of Ashcroft Neighborhood Association, is signed to the foregoing instrument bearing the date of April 1 , 1980 , has personally acknowledged the same before me in my County and State aforesaid . My Commission expires : .�r�. .7 Notary Public a, -23- Prepared by: John A. Dezio, Attorney TMP#078A0-00-00-00100 1330 Hilltop Road Charlottesville,VA 22903 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. Pursuant to Article 11 of said Restrictions,additional property as shown on a plat of Bryan J. Chambers dated December 23,2008, attached hereto and made a part hereof, entitled "Section VI Phase II 'Ashcroft'is hereby added to said subdivision and the Covenants, Conditions and Restrictions of record in the aforesaid Clerk's Office in Deed Book 693,page 780, are hereby imposed upon the lots described on the said plat as Lots 117-121. IN WITNESS WHEREOF, Liberty Land, Ltd.,has caused this Supplementary Declaration of Covenants,Conditions and Restrictions to be signed hereto by Richard L. Beyer, President. Liberty Land, Ltd. ichard L. Beyer, Pr S' ent COMMONWEALTH or VIRGINIA CITY/COUNTY OF i4Le- 1.1- , to-wit: 7 The foregoing instrument was acknowledged before me this day of January, 2009, by Richard L. Beyer, President of Liberty Land, Ltd. N a Public My commission expires: Jo,/7 -1/ 0 My Notary ID#: 2--gt)05g C Do,,aittaa soda Sauna,./kc.4,161 Clo..mmenIAJohn fikt.A Atar, Subihmi....SUpilleilth.1114.1 1/4.,61t411041 f oveskusts Cohtietwos acid krattscuartb dac tsar 693 PAMte0 a746 AsuCmr? D:.'CIARATIOI OP COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, is made this 1st day of April, 1980, by LIDrTTY L? 'D, LTD., a Virginia corporation (hereinafter referred to as the 'Developer'), and ASHICROPT NEIGHBORHOOD ASSOCir.?ION, a Virginia corporation (hereinafter referred to an the 'Association'). Factual Background. The Developer is the owner of real property located in Albemarle County, Virginia, consisting of aporoxinetely 525 acres and desires to create thereon a residential subdivision, to be known as Ashcroft. The Developer desires to provide for the preservation and enhancement of the property values and amenities in the subdivision and for the maintenance of t4o Properties and improvements thereon; and to this end, desires to subject the portion of the reel property which is shown on the plat of William S. Roudabush, Jr., dated September 17, 1979, revised January 21, 19RO, entitled •Section I, Phase I, Ashcroft', a copy of which is attached hereto as Exhibit A, together with such additions as may hereafter be made thereto (as provided in Article II), to the covenants, conditions, restrictions, easeiaents, charges and lairs, hereinafter sot forth, each and all of which is and are for the benefit of the property and the owners thereof. - II i' , #409 iIi • f . • Mac S93 MO 781 The Developer has deemed it desirable, for the efficient preservation of the values and amenities in the community, to create an agency to which should be delegated and assigned the powers of owning, maintaining and administering the common properties and facilities, administering and enforcing the covenants and restrictions, collecting and disbursing the assessments, dues and charges hereinafter created, and promoting the recreation, health, safety, common good and general welfare of the residents. In this regard, the Developer has incorporated under the laws of the State of Virginia the Ashcroft Neighborhood Association as a non-profit corporation for the purpose of exercising such functions. The Developer declares that the real property shown on the plat attachsd as Exhibit A, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as 'covenants and restrictions') hereinafter set forths !' ARTICLE. I. DEFINITIONS I i; SECTION 1.01. Ashcroft. The term 'Ashcroft' as used herein unless otherwise stated shall mean and refer to all of the Properties and the residential subdivision created or to be created thereon. 4 9 ; •2- • i 4. . p i • 1 • I 1 •.• • as 693 ►a)T82 Section 1.02. Association. The term •Association• as used herein shall mean and refer to the Ashcroft Neighborhood Association, its successors and assigns. i Section 1.03. Board of Directors. The ten 'Board of i Directors• as used herein shall mean the then duly constituted Board of Directors of the Association. l Section 1.04. Common Areas. The term •Common Areas' as used herein shall mean and refer to those areas of land now or hereafter conveyed to the Association, or designated as •Common Area' on any recorded subdivision map of the Properties, together with all improvements and facilities thereon, which are intended to be devoted to the common use and enjoyment of the Members and others. . Section 1.05. . Declaration. The term •Declaration• as used herein shall mean the covenants, conditions and restrictions `` and all other provisions set forth in this document, as the same may from time to time be amended. Section 1.06. Developer. The term •Developer• as used herein shall mean pnd refer to Liberty Land, Ltd., its successors 1 and assigns. Section 1.07. Lot. The term 'Lot' as used herein shall wean and refer to any plot of land designated as a numbered, residential lot upon any recorded subdivision map of the ii Properties, but excluding any Common Areas and any other specially designated areas. -3- , ! • A En S 9 3 PAW) 18 3 Section 1.09. Member. The term 'Member• as used herein shall mean and refer to evey person and entity holding membership in the Association. Section 1.01. Amer. The term 'Owner• as used herein, shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 1.10. Properties. The term •Properties' as used herein shall mean and refer to all real property shown on the plat attached as Exhibit A attached hereto, together with such othr real property as may from time to time be annexed thereto under the provisions of Article II hereof. Section 1.11. Supplementary Declaration. The term 'Supplementary Declaration' as used herein shall mean and refer to any declaration of covenants, conditions and restrictions which may be recorded,'which extended the provisions of this Declaration to additional real estate and contains such complementary or modifying provisions for such real estate as are not inconsistent with the concept of this Declaration. ARTICLE II. PROPERTY SUBJECT TO DECLARATION Section 2.01. Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied I4/•' • t 69 subject to this Declarenon �is loc8 tied in Albemarle County, Virginia, and is more particularly described in Exhibit A. Section 2.02. Additions to Existing Property. Additional real property may from time to time become subject to this Declaration in the following manners (a) Additions by the Developer. The real property shown on the plat attached as Exhibit A attached hereto is the first section of the residential subdivision known as Ashcroft. The Developer, its successors and assigns shall have the absolute right from time to time and without the consent of the Association to bring within the terms of this Declaration additional properties, including all or any portion of the property described in Exhibit B attached hereto, and any properties which are contiguous to the property described in Exhibit B. Any additional property thus added may at the discretion of the Developer include, but need not be limited to, areas and facilities (including streets, roads, trails, community and recreation areas and facilities, and the like) which are devoted to the common use and enjoyment of the Members. (b) Other Additions. In addition to the provisions of Section 2.02(a), additional properties also may be annexed to the Properties upon approval of the Association by the affirmative vote of a majority in voting power of the Members present in person or by proxy at a meeting called for that purpose at which a quorum is present. ‘45ik —s • 10 • k.k 613 ..7E15 (c) Proceedure for Additinnn: The additionn authorised l — ; under nubsectiono (a) and (b) shall be made by recording in the office where the land records for the Properties are located one or non duly executed and acknowledged Supplementary Declarations of covenants, conditions•and restrictions with • respect to the additional property or alternatively, with respect to areas or facilities devoted to the common use and enjoyment of Members, by dead of conveyance to the Association. The covenants for assessments set forth in Article V of this Declaration shall be dewed to include the maintenance, operation and improvement of that portion of such additional properties • devoted to common use and enjoyment of Members from and after the time such properties are thus added. ARTICLE III. ASSOCIATION r Section 3.01.* General. The Association is a non-profit corporation organised under the Virginia Non-Stock Corporation Act for the purpose of owning, maintaining, and administering the community properties and facilities, administering and enforcing the provisions of this Declaration, and generally promoting the recreation, health, safety, common good and general welfare of the residents of Ashcroft. • Section 3.02. Members. Bach Owner shall automatically become a member of the Association in accordance with its Articles of incorporation and By-laws as in effect from time to time. Membership in the Association shall be appurtenant 410' 04•0 • • • I � to and may not be sopara e%9doi c 1Tepg hip of the Lots. Section 3.03. Obligation of Members. each Owner agrees by accepting conveyance of or interest in any Lot to abide and be bound by the Articles of Incorporation and Oy-laws of the Association, as in effect from time to time, including the payment of such assessments, dues and charges as may be made by the Association from time to time. ARTICLE IV. COMMON AREAS Section 4.01. Obligations of the Association. The Association, subject to the rights of the Owners set forth in this Declaration, as it may be amended from time to time, any Supplementary Declaration which may be applicable, or any deed, shall be responsible for the exclusive manageaent, operation, and control of the Common Areas, and all improvements thereon (including furnishing and equipment related thereto), and shall keep the same in good, clean, attractive and sanitary condition, order and repair. The Association shall also be responsible for the maintenance of common roads on the Properties as provided for in Section 8.02. Section 4.02'. Owners' Rights of Enjoyment. Subject to the provisions hereof, every Owner shall have a right of enjoyment in and to the Common Areas, which right shall be appurtenant to and shall pass with the title to every Lot. 4507 -7- 1 coat &9 3 ►La0 7 8 l Section 4.03. Extent of Owners.' P.escments. The Owners' :iv: easements of enjoyment of the Common Areas created hereby shall be subject to the followings (a) The right of the Association, or its licensee, to establish reasonable rules and to charge reasonable admission and other fees for the use of the Common Areas. (b) The right of the Association to suspend the right of a Member to use any portion of its facilities for any period in accordance with its Articles of Incorporation and By-laws as in effect from time to time. (c) The right of the Association to mortgage any or all of the improvements and facilities constructed on the Coswon ti Areas for the purposes of improvements or repair to the Association land or facilities. id) The right of the Association to dedicate, transfer, or otherwise effect all or any part of the Common Areas by granting rights to any governmental body, public or quasi public • e agency, authority or utility for such purposes and subject to such conditions as may be desired by the Association. f� (e) The right of the Association to sell, lease, exchange, encumber, or otherwise dispose of any portion of the Common Areas. • • I • • Mr. SQ3 PA21T88 (f) The right of the Association to allow non-residents of Ashcroft to use Common Areas or recreational facilities in accordance with the Articles of Incorporation or sy-laws of the Association as in effect from time to time. (g) The right of the Association to take such action as is reasonably necessary for the preservation of any Common Areas. (h) The right of the Association to grant easements over the Common Areas to the owners adjoining Lots for the purpose of installing, operating and maintaining septic disposal systems serving improvements constructed on such Lots. (i) The right of the Association to do such other things and take such other action with respect to any Common Areas as is necessary or convenient for the promotion of the common good or general welfare of Ashcroft, including the right to cause utilities to be extended to and maintained on the Common Areas. (j) The rights of the Developer as otherwise set forth herein. - (k) No Owner shall place any obstruction of any kind on or store anything in the Common Areas without the prior written consent of the Association. -9- 0040 c:x 6 9 3 'ACM 7 8 9 11 Section 4.04. Delgatinn of Uoe. Any Member may delegate his or her right of enjoyment of the Common Areas and facilities to the members of his or her family and to his or her guests subject to such general regulations as may be established from time to time by the Association. Section 4.05. Damage or Destruction of Common Areas. In the event any Common Areas or facilities are damaged or destroyed by a Member or his or her tenants or any of their guests, licensees, agents or members of his or her family, the Member does hereby authorise the Association to repair such damaged area at his or her expense. The Association shall repair the damaged area in a good workmanlike manner in conformance with the original plans and specifications of the area involved, or in the sole discretion of the Association, as the area may have been modified or altered subsequently by the Association. The costs of such repairs shall be borne by the Member and shall become a Special Assessment upon the Lot of such Member. section 4.06. Title to Common Areas. The Developer shall convey to the Association legal title to any Common Areas when the Developer in its discretion deems appropriate, but not later than December 31, 1989. Until the Common Areas are conveyed to the Association, the Developer shall have the absolute right to (i) encumber the Common Areas, (ii) to operate and maintain, either itself or through a lessee or licensee, the Common Areas, • 1 I: li ? and (ili) impose such re soi e�cnarges for the use of the i; Common Areas as it may determine. The Common Areas may be 1! conveyed to the Association subject to the lien of any deed 1 ! of trust to which they are subject at the time of the conveyance; however, the Developer shall agree to save the Association harmless from any such lien. Members shall have all the rights 1 and obligations imposed by this or any Supplementary Delcaration with respect to portions of the Common Areas from and after 1 the time such portions of property are conveyed to the Association, except that prior to such conveyance the Association :j shall be liable for payment of taxes, insurance and maintenance costs with respect to such Common Areas. The Association hereby agrees to accept the conveyance of the Common Areas. 11 ARTICLE V. ASSESSMENTS - {' ISection 5.01. General. Assessments, dues and charges i of the Association shall be made in accordance with the Articles of incorporation and Dy-law of the Association, and the Owner • of Lots against which the assessments, dues or charges are imposed shall be personally obligated for the payment thereof. I No Owner may waive or otherwise avoid liability for the payment . 1 of any assessments, dues or charges of the Association by nonuse 1 of the Common Areas or abandonment of his or her Lot. ! Assessments shall not be levied on exempt property as defined in Section 5.06. i `_ -11- /40 . ! i I r) 693 ►ACE1791 I Section 5.02. Nonpayment of Asnenaments. Any assessment, f dues or charges of the Association which aro not paid within • thirty (30) days after the due date established therefor shall be considered delinquent and may, upon resolution of the Board of Directors, bear interest from the due date at the maximum • rate allowed by law. The Association shall also be entitled to recover from en Owner the expenses (including a reasonable ettorney's fee) of collecting any delinquent assessments, dues or charges. In addition to and not in limitation of all other legal and equitable remedies available to it, including the right to assert the lien provided for in Section 5.03, the Association may bring an action at law against any Owner obligated to pay any assessments, dues or chores (plus interest and expenses) which are delinquent, either in the first instance or for a deficiency following foreclosure or other realization on the lien provided for in Section 5.03. Section 5.03. Lien for Assessments. In addition to the personal obligation of the Owner of a Lot for the payment of • assessments, dues and charges of the Association, there shall be in favor of the Association a continuing lien against each Lot and any improvements thereon to secure the payment of any assessments, dues and charges which may be imposed by the Association, plus interest and expenses. Every lien so created r may be foreclosed by equitable foreclosure at any time within ten (10) years after the date on which the assessments, dues -12- ;! . 0, .• • t^�ec 693 PM 7 9 2 or charges became due. Sale or transfer of any Lot shall not affect any lien provided for hereunder. Section S.04. Subordination of Lien to Certain Mortgages. The lien to secure the payment of assessments, dues and charges provided for in Section 5.03 shall be at all tines subject and subordinate to any first or second mortgages or deeds of trust placed on any Lot at any time, provided that, from the time the Association places of record in the office where the land records for the Properties are located an instrument setting forth as to any Lot the fact that assessments, duos or charges of the Association are delinquent, the lien for the delinquent assessments, dues or charges in the amount stated in the instrument shall become a lien prior to any mortgages or deeds of trust placed of record subsequent thereto in the same manner as the lien of a docketed judgment in the State of Virginia. Section 5.05. Non-Waiver and Evidence of Assessments. No right or remedy provided for in this Article for the collection of assessments, dues and charges of the Association is exclusive of any other remedies given hereunder or now or hereafter existing at law, in equity or by statute. No delay or omission by the Association in exercising any right or remedy provided for herein shall impair any such right or remedy or shall be construed to be a waiver of any delinquency or acquiescence therein. Any right or remedy of the Association provided for herein may be exercised from time to time and as /1 -13- • cnK F.93 nal793 often as may be deemed expedient by the Association. A statement from the Association showing the balance duo on any assessments, dues or charges shall be prima facie proof of the current assessments, duos or charges, if any, duo on a particular Got. Section 5.06. Except Property. The following property shall be exempt from any assessments, dues and charges of the Association and from the lion provided for in Section 5.03, (1) all property dedicated to and accepted by any public or quasi public authority or body or any public utility, (2) all Common Areas, and (3) until March 31, 1982, all Lots owned by the Developer and held for sale to the public, provided, such exemption for Lots owned by the Developer shall be applicable only so long as the annual assessment against other Lots does not exceed $160.00 and the Developer pays the Association'such amounts as are necessary to offset any operating deficit of the Association. In no event shall the Developer have any obligation to offset any operating deficit of the Association after the exemption for Lots owned by it expires on March 31, • 't 1982. ARTICLE VI. ARCHITECTURAL CONTROL Section 6.01. Architectural Review Committee. The Architectural Review Committee shall be organised and operated in accordance with the Articles of Incorporation and By-laws j• of the Association as in effect from time to time. { i• • • Section 6.02. 1urie 6 9devi & iet4etural Review Committee shall regulate the lot areas to be cleared, external design, appearance, size, use, location, and maintenance of the Properties and of improvements thereon in such manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to conserve existing natural resources and amenities. Section 6.03. Conditions. Do building, fence, wall, structure, improvement, excavation, change in grade, major landscaping, or other work which in any way alters the exterior of any Lot or the improvements located thereon from their existing state shall be commenced, constructed, erected, made or done without the prior approval of the Environmental Review Committee. , Section 6.04. Procedures. Prior to the commencement of any action required to be approved by Section 6.03, there shall be submitted to the Architectural Review Committee for approval plans and specifications showing the nature, kind, shape, size, height, materials, color and location of the work. In the event the ArchitecturaL Review Committee fails to approve, modify or disapprove in writing a request for approval required herein within sixty (60) days after plans, specifications, or other appropriate materials have been submitted to it in writing, in accordance with adopted procedures, approval will be deemed -15- • • c:�c �9? nal 795 granted. The applicant may appeal an adverse decision of the Architectural Review Committee to the hoard of Directors, who nay reverse or modify such decision by a two thirds (2/3) vote of the directors. The Architectural Review Committee may impose a reasonable fee for its review of any request for approval. ARTICLE VII. USE OP PROPERTY Section 7.01. General Restrictions. All Lots within the Properties shall be developed and maintained in accordance with the provisions of this Declaration, such regulations and restrictions as may be established from time to time by the Architectural Review Committee, and such additional regulations and restrictions as may be imposed by any Supplementary Declaration. Section 7.02. Residential Use. All Lots shall be used for residential purposes only and not more than one single-family residence shall be placed on any one Lot. No tent, camper, vehicle designated for mobile living or temporary structure of any type shall be used as a residence, temporary or permanent It on any Lot. No secondary structure shall be constructed on a Lot before the construction of the primary structure. No profession or home industry shall be conducted in or on any Lot without the prior written approval of the Association. Notwithstanding the foregoing, the Developer or its sales agent may use any portion of the Ashcroft Sports Club within the Properties for its sales and operating offices, for the storage 090(1°1 -1i- } 111 • • qq i of- materials used in cone ecti'oqq ��n �fiotevirn, and for the purposes of display, and speculative homes for sale to the public may be constructed on tho Lots by the Developer or by contractors. Section 7.03. Restriction on Purther Subdivision. No Lot shall bo further subdivided or separated into smaller lots by any Owner without the written consent of the Association, its successors and assigns, and no portion less than'all of any such Lot shall be conveyed or transferred by an Owners provided, however, this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments. No Lot shall be used as a roadway for access to any property lying outside of the boundaries of the Properties without the written consent of the Association. Section 7.04. Nuisances. No noxious or unreasonable activities or noises shall be carried on or created upon any Lot, nor shall anything be done thereon which may be or became an annoyance or nuisance to the neighborhood. Section 7.05. Maintenance of Property. Consistent with the conditions of Section 6.03, each Owner shall keep his or her Lot and improvements free of debris and in good order and repair, including, but not limited to. the seeding, watering and mowing of all lawns, the pruning and cutting of all trees • and shrubbery, and the painting (or other appropriate external care) of all structures and other improvements, all in a manner and with such frequency as is consistent with good property 0000 -17- 1 • • • ' • management and so as noosdtCr!Lrp[t'TCl)c&/ the overall beauty of the Properties and tho commongood and general welfare of Aohcroft residents. My structure or improvement once commenced on any Lot must be completed within twelve (12) months from thu date of commencement of construction. In the event an owner of any Lot shall fail to maintain the premises and improvements situated thereon or to complete any structures as provided herein, the Association, after reasonable notice to the Owner, shall have the right to enter upon the Lot to correct any violation of this section. All costs related to the correction, repair, restoration or completion of construction may beams a Special Assessment upon such Lot in the discretion of the Board of Directors, which shall notify the Owner of such Lot in writing in the event of the imposition of any such Special • Assessment. Section 7.06' Sanitation. No individual water wells shall be dug or outside toilet constructed on any Lot. At the discretion of the Developer, sewage disposal from all Lots shall be (i) by proper connection to a central sewage disposal facility, or (ii) by a private septic tank sewage disposal system • to be constructed and maintained on each Lot by the Owner thereof in accordance with applicable rules and regulations of the appropriate health and regulatory authorities. In the event central sewage and/or water service is made available to any Lot, the Owner of the Lot agrees, by accepting conveyance of or interest in the Lot, to convert to the use of the central • -1t- • • pp system even though an EgisFId 1r% cioo 8previously may have been installed, and to pay all connection and use charges in accordance with rate schedules in effect from time to time. Section 7.07. Other Restrictions and Regulations. The Architectural Review Committee may from time to tine impose • additional restrictions and regulations upon the use of ;pots located within the Properties as it may deem necessary or convenient for the common good and general welfare of Ashcroft, including the regulation of location and size of structures; erection, maintenance and display of signs, and outdoor radio • and television atense; parking of vehicles; and the keeping and maintenance of animals and household pets. Any restriction of regulations imposed by the Architectural Review Committee may be amended replaced or terminated at any time by the , Committee. ARTICLE VIII. UTILITIES MD ROADS Section S.01. Utility Easements. The Developer reserves for itself, its successors and assigns, a perpetual and alienable easement and right of way ten feet in width in the proximity of the front and both sidelines of each Lot and fifteen feet in width in the proximity of the rear line of each Lot for the installation, maintenance, inspection, replacement, and repair of underground electrical, telephone, water, sower, gas, • television, and drainage lines, facilities and equipment. The easements provided for in this Suction shall include the right A/f •19- • • i rm F 3 nal 7 9 9 of ingresn and egress, the right to cut trees. brush and shrubbery, the right to grade the soil, and the right to take other similar reasonable action necessary to provide economical and safe utility and drainage facilities. Any damage resulting from the use of the easements hereby reserved shall be promptly repaired at the expense of the entity responsible for such use. Section 1.02. Roads. There shall be a perpetual, non- exclusive easement appurtenant to each Lot in Ashcroft for purposes of ingress and egress over the common roads shown on the plat attached hereto as Exhibit A and over such other roads as may hereafter be construed and shown on subsequent plats of real property made a part of Ashcroft by Supplementary Declaration. The Association shall have the responsibility for the maintenance and repair of all common roads in Ashcroft, and the cost thereof shall be paid by the Owners as part of the general assessments, dues and charges of the Association, except such roads, if any, which have been accepted for maintenance by the Virginia Department of Highways or other .public body. ARTICLE IX. GENERAL PROVISIONS • Section 9.01. Duration. The covenants and restrictions of this Declaration shall run with and bind the land for • term of thirty-five (35) years from the date this Declaration is recorded, and thereafter shall be automatically renewed for successive periods of ten (10) years each unless terminated 1 -20- 1 • • 1 i . ` as provided for in SectCi %Poi!ACO 8 Section 9.02. Termination and Amendment. This Declaration say be terminated at the end of the original or any renewal term upon the affirmative vote of two thirds (2/3) in voting power of the Members of the Association who are present in person or by proxy at a meeting called for such purpose at which a quorum is present, which action shall be conclusively evidenced by an instrument recorded in the Clerk's Office where this Declaration is recorded. 1 Section 9.03. Applicability. The covenants, restrictions, reservations and provisions contained in this Declaration shall apply to the property described in Exhibit A attached hereto, and to such property covered by Supplementary Declarations as say be recorded from time to time in accordance herewith, and shall not apply to any other lots, tracts or parcels of land now owned or hereafter acquired by the Developer. Section 9.04. Enforcement. The Association, any Owner or the Developer shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and any Supplementary Declarations. Failure to enforce any covenant or restriction herein contained shall in no event be deemed to waiver of the right to do so thereafter. -21- . • cg, nal Section 9.0S. Severability. invalidation of any one of tho provisions of this Declaration or any Supplementary Declaration by judgment, court order or otherwise shall in no way affect any other provisions which shall remain in full force and effect. Section 9.06. Non-Diccrialnation. My person. when he becomes an Owner, agrees that neither he or she, nor any one authorised to act for his or her, will refuse to sell or rent, after the awaking up of a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny any of the property owned by his or her in Ashcroft to, any person because of race, color, religion, sex or national origin. IN WITNESS WHEREOF, the parties have caused their'nases to be signed hereto as of the date first above written. LIBERTY LAND, LTD. • By — Pr'7% •ent ASHCROFT NEIGHBORHOOD ASSOCIATION e en . I .g0 -22- • • • ii • i 1 t act 6 9 3 n '18 0 2 I . I i STATIC OP VIRGINIA 1 ' COUtrrY OP ALBEMARLE, to-wits I i, }?osfe m. ycs{ , • Notary Public in and for the County and State aforesaid, do hereby certify that Gary D. Cooper whose name as President of Liberty Land, Ltd., is signed to the foregoing inatrusent bearing the date of April 1, 1980, has personally acknowledged the same before me in my County and State aforesaid. My Commission expires: r-FbCuctey .25, 1944 :. ', otary Public , "s o`. °. c > N sJo�,02 `'��� ' STATE OP VIRGINIA i s . . t e, i 1 s COUNTY OP ALBEKARLE, to-wits I I. WosE Ph VEsL , a Notary Public in and for the County and State aforesaid, do hereby certify that Gary D. Cooper whose name as President of Ashcroft Neighborhood Association, . is signed to the foregoing instrument bearing the date of April 1, 1980, has personally acknowledged the same before me in ay County and State aforesaid. I My Commission expires: Pc inaucxe y psi, '94 V `::• 77 {` • rr` �v.' `pA a. 5 Ls :1) .. Chi -1! . L) * �S=• C•y S Notary Public `,,,,,,,`.s,' .04+, +�,,r a 1 X +�. -23- 5... I 1 w tax C 9 3 £Lct7803 Exhibit B to Ashcroft Declaration of Covenants. Conditions and Restrictions PARCEL ORE: All those certain tracts or parcels of land in Albemarle County, Virginia, situated on the northeast side of, but not adjoining U.S. Route 250, shown as Parcel A, Parcel R and "Studio Tract" on a plat of 0. R. Randolph, dated March 3, 1970, and recorded in Albemarle Deed Book 471, page 172 and containing respectively 117.80 acres, more or less, 213.0 acres, more or • less, and 23.70 acres, more or less, together with a right of way 100' wide running from Parcels A, B and "Studio Tract" to U.S. Route 250. PARCEL TWO: All that certain tract or parcel of land situated on the nor s de of but not adjoining, U.S. Route 250 in Albemarle County, Virginia, shown as Tract 1 on a plat by William 8. Roudabush, Jr., dated 1/30/70 and recorded in Albemarle Deed Book 071, page 168 and containing 11.83 acres, more or less. PARCEL THREE: All that certain tract or parcel of land situated on thee northeast side of, but not adjoining, U.S. Route 250 and I-61 in Albemarle County, Virginia, containing 212.13 acres, more or less, being all of Tract 3 containing 275.25 acres, as shown on a plat by William S. Roudabush Jr., C.L.S., dated 1/30/70 and recorded in Albemarle Deed Book 471, page 169, less 63.02 acres, more or less, conveyed off in Deed Book 591, page 521 and shown on plat by William S. Roudabush, Inc., dated 2/16/76, revised 3/3/76 and re- corded in Albemarle Deed Book 591, page 523 and less and except those lots and land shown on a subdivision plat of Shadwell Mountain on plat of William S. Roudabush, Inc. dated May 1, 1978, of record in the aforesaid Clerk's Office in Deed Book 651, page 569. PARCEL FOUR: All that certain tract or parcel of land situated in the Rivanna Magisterial District of Albemarle County, Virginia, north of Interstate 61 at U.S. Route 250 near Shadwell containing 20.381 acres, more or less, as more particularly shown on a plat made by Thomas D. Blue, C.E. & L.S., dated October 31. 1978, re- corded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 661, page 207. PARCEL FIVE: All that certain tract or parcel of land situated in Albemarle County, Virginia, some distance north of U.S. Highway No. 250, containing 16.439 acres, more or less, as more particularly shown on a plat made by Thomas D. Blue, C.L. & L.S., dated September 25, 1978, a copy of which is attached hereto as Exhibit B-1. PARCEL SIX: All that certain tract or parcel of land situated in Albemarle County, Virginia, on the northeast side of, but not adjoining, U.S. Route 250, containing 22.29 acres, more or less, as more particularly shown on a plat by William S. Roudabush, Jr., dated April 2 , 1980, a copy of Which is attached hereto as Exhibit B-2. • • COUNTY PLUMING CO MMIMaN �SO�RO Of SUPURVISORS Vil a ' 6 9 3 ►ACtIJ C r064. Y1t. ►take • c j • OATI MTI • 1 I OWNERS APPROVAL STtiE OP VIROINIA THIS SMSOTVINON IS MADE volts THE CONISEN1 OF THI UNUIR A AOT . l POII . S10•IE00VVNENS.MOMII10Nl.A4aon TRLKT!!S.ALL ROAN sTAT/A 4HIS A 00 IG*4IOT TOT T �r�! G CC WOIT. AND .IP I t PIIEVIOusLY OIOSCATID.ARl Nl11ISV SIANI NA Oafs AII! SIW1I0 TH! lGOIIIO TENONL. •O SIANINO OATI 0* S'ef ''L �112.HAvl AC[NOTYL• TEN0I1,1 FOR{ OSOICA71OH TO NARK VSI. • 100110 TNI SAME SIFONI MI IN MT STATE AO0ESAID.., j J4 J t6 OMEN VNOIR MY NANO HA.A.L.OAV Of -4 T11 .10 MY COMMISSION I trinn I'• NOTES NO FURTHER CIVISION WITHOUT PLANNING COMMSSION a.0o*►L —0•- DENOTES MOWS KT ON NORTH MNTOPS OWE FRONT LOT IRONS SET OW sKR ALMS t CRON EONS Or N/W.ON OTHER PRIMTE ROADS,FRONT LOT Mows SET 3000'SACK ALONG t ESCEPT ON CUm•DE•sAC.IRONS ARE KT 5000 . \\> SOCK ALONG%. LOCATION OF STRUCT'%IS,CL[ARe10,anti. GARDENS.ETC SNAU.SC AMMO ANO A,PNOVEO GT ASNOIOFT ANCNITECTuNaL REVIEW coNNITTEE •n SETSACIt REGULATIONS LOTS 3.6.7,S.25$26. 30'FRONT SWAN, 15 NOES ALL OTHER LOTS-SD FRONT$OEM VICINITY MAP 13'slots 20NINS. RPN A-I SOURCE OF TITLE OS SSa0bit EARCEL'55 TM TS TOTAL LOT AREA 3S7$ AC TOTAL OPEN SPACE 13.42 AC 2T•X TOTAL AREA 49.20 AC NORTH PANTOPS ORIVE SHALL se CLQSEO AT TUE WESTERN 901MOARY AFTER lfe0 DRIVE IS MALT, AS DIRECTED sT THE BOARD Or SUPERV1I014. SUBDIVISION PLAT f ' LOTS I THRU 26 SECTION T PHASE I ASHCROFT LOCATED OFF U.S. ROUTE 250 ONE MILE EAST or CHARLOTTESVILLE RIVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY,VIRGINIA 4 LTI0 O� ,a� RO�s;t comm. ' 6417J PS 66S 54.17d M 76 , SAM • • WILLIAM S. ROUDASUSH, INC. A PROFEUIRIIM carom/Kw ERW Woe s-Ls*/Ssmeyere-La/PlaRses I • R.Iw Jo.21.1911obLh+PItir IIIRL RtI CAGFtMtesdf s 1 Virg''Ho DATE Seat I?.I9i9 SWEET I st_Z_ leo.'F,r.200. FILE A510_ 411 �r tec 5 93 rA3 . ; •,,.,,,�,, litp 3` ::si • %' -_two33. :•:::: :.Fit �• • 0 sf thy :.*::::.:.:•:::414::iiiiii:::.:.:•:-:-..- b ".• ' 111 r '• ( "•10 4 A.t.—/, ..::::::: :::. 5: .7.;, Ns% NNA'•• .* .4,,• 4,4..... 1 al .f4 * • it♦` Tf •♦ • 4 } � ,f• fit, . . ♦ ♦ • �� I \? a i • i �' 4 . fit.• pdi`; \ • • Y, ! �` i. 4' N. \ ' r fib' +^ I .4",... alto \ ri„ +#%4 • so,. 1 11, .it • i r • •. ,Il w $1 *,c " N. 4 'I4 '• '•• I +G fir. f SA •.'''• 1• `" `` •' • .pig, N. 4 y0„ � �� \%. r i L • � '. vWNv?o.4 . Cr $to • if •..\ .,. --Y+ mbb •>ai •sue" y► ` !i ii .asp•— r . 1 Ili$ Lat il � • 4 Ts.eelsir •• $ f .1 (O I i • f LOT N 'I • \ i t •2,Ws It ." ,� �„ jt ` kMM .s •. • dIT,RL.TY all • s ar.rtr w.•r seta SUBDIVISION PLAT it.L�„i ^'Z, "•' "- '~'d i10 LOTS I TIIRU 26 COIL N0. ,1 *sane w at emW 14.174 W 65S _a_ aregfeet owl_a toad, SECTION I PHASE! ' :::::IIA • `pll`' MI( moot ASRC ROFT • a wtaa• r».•r_«taf ( T *ANEW OM VI sraY ON • utat•f has ad mat • • slyer *Let au Tt • * i►Mar soot •awl WILI AM&ROUDABUSN. INC. A 111OFt$IONNN.0O11NONN►1QI • $O IN (II.tMMMOr.M OIW) tp p p s�41 * eY I: a> NNMNr Deli:6yeIf.IY7! Fiw NW4N[Lt201! • 7wes A ISM•p.I. EXHIBIT B-1 "•"`' tax 693 ?Atti806 / N i 4#G We .rw e.w.w Pew" Tea Mep 76.96 w1 ee OW.p•.•a.... Liberty Land Corporation i all. I$1.$e3 I o.E. 3M•lT31pA N. I 4 • i • • ..' Tel Mee 76-51 1•..q bM• 1. �ey Bendy ii Magee i�Ilji� Livers . :a`e..''is"j, le s s1.33 , ..a me..../ o.a •3oe ,.J ? oe MAP ,0! ...• — • / f' a rt Ij' it o. o 46. Men eau i r ,r we Tea beep 706.1 :>fc Morley C. Easter1 1 ail.331.52410* .I/ .tl • f* Tea Mop 76•51 .• Mildred S. Anderson A . /, W.l 3e402 "S d 4 a a.aa•uara iii 1 we 1 1/4# it 440LTN pp` / pI 1 ,'E O� / Tit Mop 7tit-tiIA 1 `,� �4 P A 9odolty t�eld.lnc. ���= c D. i, V CiRTL''G1TE IC.. at.46471 ae.+a.-aT3teels 1 Ip w 54173WSti40 1 R ., 1i{k .14 IAMB.< 44 •, fw,�il1 ,'1101 a1 ii 11 1 PLAT SHOWING A SURVE CIF A 16.439 ACRE TRACT SHOWN ON COU\TT TAX MAP 78 AS PARCEL 52 WHICH IS ' •CATED NW. OF SHADWELL IN ALBEMARLEy, OUNTY,VA. 1 I WALE*I.•sod 11 C' 1MTE1 0/ri/75 11 THOMAS O. SLUE ‘‘• CTTLIL MOW • We SO NY CNAALOTTEIMLLE• 1110011114 , 1�, (((k1r11] 1 I VI mu boa 11 L 1. x. ' Z1r • r r f I I N MK 6 9 3 ►AW18 01 EXHIBIT 8-2 1 \,, r et 4 ` \Ole. . 'IS •SS);�2i Vic C. S d.40 ..•� 3S{ .1.1Z, .r ites,10 fl 1 IY se%,.• 1 $63•3022'w i 22.29 AC. 7 . . if � ,• ,....... . I'l ; . 3.s•.a•.Z`w ,r).ri I w 1 • N7Sk.tSCw S!9!' I. ►I. NSr•)1No rSCAR' ....Y '!'i .N 71s3+'0)'w 42.53 fi _$S3'2S'21'w)i.l1t $3I ZS.1'w 50.4 ii '. _ $20`3d3rw nil' 1 'A. i • . f yrs .Nr) 'm4►h f..H.7N • f"pf••••..fr .. PLAT SHOWING A SURVEY OF +4103'fBOo 22.29 ACRES TO BE ADDED TO AND8 1 BECOME A PORTION OF PARCEL 61E,LM.Ta Lt .114 LOCATED OFF U.S. ROUTE 260 °�'M0' 64474 Is)665 i NEAR SHADWELL . A 4-174 q 7Sir, ' ALBEMARLE COUNTY. VIRGINIA • %'b taw¢ i t - WILLIAM S. ROUDABUSH, INC. •..pf$U C•UOS$$4 [Nian-uM$ rLAadMawr! OATS APRIL 2,1400 SCALE'reDVChSrI ft riiii, Vi►41aio FILE 5,40 . . --- . f. . _ •- 1 t^!X 693 rap 8Q8 +VIRGINIk* IN OFFICE OP THE CIRCUIT CM1RT OP ALREMARLRj 1 "S This dead vas presented, and with Certificate annexed to record on 'D3-$A at�JB j IO'C1ook . 11 admitted STATE TAX LOCJIL TAX kTRANSFER !LE TESTSs SNELBY O. MARSHALL, CLERK 'CLERK'S TEE ZA.OV TL11T GRANTOR'S TAX t 'TOTAL 34.1.00 EP i L > - rn� i • °_0 ;� Planning Application Information •tnforatio' m n • ...,, ., Application# SUB200800084 Application Type Subdivision Plat Project Name Ashcroft West- Final Received Date 03/13/2008 Total Fees $670.00 Submittal Date 03/24/2008 Total Paid $670.00 Current Approved Status Proffers? False Comments Legal Ad � Tra•cking Status Status Date Comment Under Review 03/13/2008 Denied 09/16/2008 Approved 05/09/2011 Project determined to be valid with newly passed State legislation re: plans active as of 01.01.2009 ' ,attp'Application Information''x€ Type Sub App Date Comment Final Plat 03/13/2008 4/21/2026 11:31:41 AM v1.0 11/21/2025 1 of 5 �y7^ 4,A0 r!„: r N -:rri,:rateg; x ,'� ° Application Contact Information 1�' �. c de;+_4 t i : +� 0J'hu tel .,.,...... ., -,•.a, .�* .fir«'�a, .2ia.,ak, ._..� �....., .�tw:8�.k.�,.t..mc.;n M�„�. F 3r.:a_..c.� ', d � �n� Contact Type Name Address City/State Zip Code ;Owner PANTOPS-LAKERIDGE P 0 BOX 8147 CHARLOTTESVILLE VA 22906 LLC ;Primary Contact Dominion Development 172 South Pantops Drive Charlottesville VA 122911000 Resources LLC 0 • • 4/21/2026 11:31:41 AM v1.0 11/21/2025 2 of 5 8 Planning Application Information �$w. • ..,�-.. .�s�p:r•� W�' :;a: ��.�`d Y't�.�',§�'< :\ 'ikF�.a�:.+.P''a?� ` x.;:'>r -r,z... .;:s. :a�.2,. ...�,.., @�':.. ; .,s+ s�Y 5,,, �s'.i'.,i ��r.- -•r.. '"+�, "+r ^''R ".,+Y, ..fir: t:. ,:a4',r;o 'dilh:+�' ',.. m., ::a,�::r' ;•i',',';,.#.�':' r, ,L, ... ..+p �S� t..... RTi'"'b,.•�t.:d^R ','W.i:.>g..,,1,.. .r: F. Application# SUB200800084 Application Type Subdivision Plat Project Name Ashcroft'West- Final ' e�`:�'rlt�'_l;ir;•.;;...t= 4{' �n.�w.{&., ,.r°. �:t:,.,:;«..� ;.�:,, gFp,.. .,�..,�>::'y°,"�>" .;:m:. �':.,a':y.; :&'"e`;s;.� •'.r,n`"�"_"'.°.. t:L. �=a My .N. r ... {i •,p�.a° ,.,�iYi '. :.. .- �,'.a. �,.:.�,"§4.�'.�x t <^..�,+�'�:a..�.:.` s•,�:�.:.. 't6 :. t��"ii° r�;� Use Type Building Sq. Ft. New Lot 5 Count Building Count Rental Unit Count Building Unit Count Total Unit 5 Count Unit Type Road Type' New Lot Acreage 6.45 Rezoned 0 Special Use Acreage Acreage Open Space Acreage 83.3 AFD Acreage Distrubed Acreage Road Acreage 0 Site Acreage Project Acreage Total 89.75 Total Unit Count/(Acreage Total -Road Acreage-Open Space Acreage) Resulting Density 0.775193798 449612 Land Use Intended Use/Jusitification • Business Type Business Name Public Visit? False - # ,Yc ^' ;Kr c:: at•r.gOrldln a-n dtSu a Information .'��'� +?`::':C:'2�_r?.:6•F"..""� ..=."A.k< „. 'r'„`s4�t>, 0 4a.`�.r ., �.� - Type Amount Surety Type First Posted Date Date Approved Principal Name 4/21/2026 11:31:41 AM v1.0 11/21/2025 3 of 5 e1i)Atk\ ti Planning Application Information �L�hGIP��3Y fJiaw�} '"r;. „� ..,�, �I, ,�.�,, ,� "'- ,„,�'�G,+�^�'," x �=e';r� p � 5°•': t�'C ., ° General Information t<x�°;_ ;.,„=� T . ; k" ; °, 4. f:�,•,Yr"r':r .r*fT.� °t� ��" &Nr` �. Application# SUB200800084 Application Type Subdivision Plat Project Name Ashcroft West- Final Project Description • 6 -� air' ' ;. !. fir'I"' s4j to ra wow�: '�f'w � '-^�' ,,� ¢¢t' .''"' �� 104. J r•#m.,t 5�" ,,"'E.^m .i a. !" 2 a a' 4'' ' 3� ar # x RelJIBWS4. sax' ,a. r�as�.kr�' r k�' Reviewer Name Submittal Type Group or Agency Status Recieved Due Completed Summer Final Plat Planner Z&CD Requested 03/19/2008 04/10/2008 Frederick Changes No Review Comments Max Greene Final Plat CDD Current Pending 03/19/2008 04/17/2008 Development Plat appears to match the road and water protection plans. The road will be built or bonded prior to final Plat approval. Road bond request form and schedule of completion will be required prior to receiving an estimated road bond amount. Please contact Pam Shifflett for bonding information. Summer Final Plat Planner Z&CD Denied 07/21/2008 09/16/2008 Frederick 'See Docs/Pics for other documents Summer Final Plat CDD CommDev-Current Requested 03/15/2010 04/15/2010 Jr-Frederick rFrederick Development Changes 1No Review Comments Max Greene Final Plat CDD CommDev-Current Pending 04/16/2010 04/21/2010 l Development !See WPO applications (WPO200700082) for this project. A temporary Grading easement is requested for off-site work on TMP [78A-1. Contacted Mr.Tucker Hurt 4/22/2010 requesting temporary construction easement. 4/21/2026 11:31:41 AM v1.0 11/21/2025 4 of 5 • 6`',-• , 8 12yerasge., Planning Application Information ',,;*ilL'a;.51.4:"0,i,•;),-;,,,;1**4"EtANGeneral • "N- "". , 4Information, 4 = ,;• " Application# SUB200800084 Application Type Subdivision Plat Project Name Ashcroft West-Final Fees r • ;J • , r Fee Type Date Entered Financial Code Amount Review of Subdivision Plat—20 or More 3/13/2008 12:00:00 AM $670.00 Lots Total $670.00 - ,41nren , ;,; , • Payment Type Date Entered Paid By Amount Check Payment 3/13/2008 12:00:00 AM $670.00 Total $670.00 Planning Application Documents'; https://lfweb.albemarle.org/weblink/search.aspx?dbid=0&searchcommand=%7b%5bCDD-Planning%5d:%5bApplicationNumber %5d=%22SUB200800084%22%7d 4/21/2026 11:31:41 AM v1.0 11/21/2025 5 of 5