HomeMy WebLinkAboutSUB201400093 Easements 2015-05-20 I / do(' 5 j` ._ k,/
S pJ Albemarle County, VA
Debra M. Shipp Ciruit Clerk
501 East Jefferson St.
Charlottesville, VA 22902
Phone Number: (434)972-4083
Fax Number: (434)293-0298
Official Receipt: 2015-00007016
Printed on 05/20/2015 at 12:04:47 PM
By: 16 on CIRCOURT_005490
SOUTHERN DEVELOPMENT
Date Recorded: 05/20/2015
Instrument ID Recorded Time Amount
Bk 4621 Pg 390/ 11:59:46 AM $0.00
File No. 2015-00005063
DE- DEED OF EASEMENT/RIGHT OF WAY
GRANTOR:PANTOPS LAKERIDGE LLC EX:N
GRANTEE:COUNTY OF ALBEMARLE VIRGINIA
EX:Y
Address1 :401 McIntire Road
Address2:
City/State/Zip:Charlottesville VA
22902
HYLAND RIDGE SUBDIVISION PHASE 2 D. . .
Consideration:$10.00
Assumption:
Locality:CO Percent:100.00%
Pages:6 Names:
Accounts Amount
039- DEEDS & CONTRACTS $0.00
213- COUNTY GRANTEE TAX $0.00
301- DEEDS $0.00
145- VSLF $0.00
106- TECHNOLOGY TRUST FUND FEE $0.00
036 DEED PROCESSING FEE $0.00
035 - OPEN SPACE PRESERVATION $0.00
Total Due: $0.00
Change Tendered: $0.00
VISIT US ON THE WEB AT
HTTP://COTTHOSTING.COM/VAALBEMARLEEXTERNAL
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
1-162-\
[ILS VLR Cover Sheet Agent 1.0.66]
2-\ - 9c,
T C Date of Instrument: [5/20/2015 ]
A O Instrument Type: [DE ]
X R
P
E Number of Parcels [ 1]
E• Number of Pages es g [ 6]
P• City I I County I x I [Albemarle County ] (Box for Deed Stamp Only)
T First and Second Grantors
_ _ Last Name First Name Middle Name or Initial I Suffix
[Pantops Lakeridge LLC ][ ][ ][ ]
0 O [ ][ ][ ][ ]
First and Second Grantees
0 Last Name I First Name I Middle Name or Initial I Suffix
[County of Albemarle Virgi][ ][ ][ ]
0 C [ ][ ][ ][ ]
Grantee Address (Name) [County of Albemarle ]
(Address 1) [401 McIntire Road ]
(Address 2) [ ]
(City,State,Zip) [Charlottesville ] [VA ] [22902 ]
Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City n County 0 [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No(PIN) [Portions of TMP 78 57 and 78 1 69 ]
Tax Map Num. (if different than PIN) [Portions of TMP 78 57 and 78 1 69 ]
Short Property Description [Hyland Ridge Subdivision Phase 2 Drainage Easement ]
Current Property Address (Address 1) [Hyland Ridge Subdivision Phase 2 Drainage Easement ]
(Address 2) [ ]
(City,State,Zip) [Charlottesville ][VA ][22911 ]
Instrument Prepared by [Albemarle County Attorney ]
Recording Paid for by [Southern Development Group Inc ]
Return Recording to (Name) [Lois A Haverstrom ] I
(Address 1) [170 South Pantops Drive ]
(Address 2) [ ]
(City,State,Zip) [Charlottesville ][VA ][22911 ]
Customer Case ID [ ] [ ][ ]
r
I Illifi 11 I
Cover Sheet Page#1 of 1 +
C_Je\l
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902
Portions of parent Tax Map Parcels 78-57,78-1-69
Underwriter:Unknown
This deed is exempt from taxation under Virginia Code§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this 6th day of May, 2015 by
and between PANTOPS-LAKERIDGE, LLC, a Virginia limited liability company, Grantor,
and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of that certain real property located in Albemarle
County, Virginia, more particularly described as follows:
A portion of that certain real property shown and designated as TM 78-57, containing
13.10 acres, more or less, as shown on a plat entitled "Subdivision Plat, Hyland Ridge
Subdivision, Phase II, TMP 78-57, Rivanna District, Albemarle County, Virginia," by
Dominion Engineering, dated April 14, 2014, as revised July 7, 2014, November 25,
2014, April 14, 2015, April 29, 2015 and May 6, 2015, as recorded in the Clerk's Office
of the Circuit Court of Albemarle County, Virginia, in Deed Book`I foa I, Page 379
(the "Plat"). Reference is made to the Plat for a more particular description of the
property and the portions of the property for the easement locations conveyed herein.
Being a portion of the same property conveyed to Pantops-Lakeridge, LLC, a Virginia
limited liability company, by deed from Hurt Investment Company, A Virginia
corporation, dated July 23, 2004, as recorded in the Clerk's Office of the Circuit Court of
the County of Albemarle, Virginia in Deed Book 2805,page 70; and,
WHEREAS, public drainage easements on the Plat are further located and described as:
"Public Storm Drain Easement"on page 3 the Plat(the"Easement"whether one or more); and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the
Easement for public use in accordance with this Deed of Dedication and Easement; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights,
title and interest in all ditches, pipes and other improvements and appurtenances within the
Easement established for the purpose of conveying stormwater (hereinafter collectively referred
1 Version: 12-19-14
to as the "Improvements," whether referring to existing Improvements or those to be established
in the future by the Grantee), excluding building connection lines.
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash
in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its
successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to
herein as the Easement.
FURTHER, pursuant to the consideration described herein, the Grantor does hereby
GRANT, CONVEY, and DEDICATE to public use the Improvements.
The Easement shall be subject to the following:
1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the
Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain,
repair, change, alter, and replace present or future Improvements (hereinafter referred to as
"inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting
storm water and transmitting it through and across the Subdivision, protecting property from
flooding,protecting water quality, and otherwise controlling stormwater runoff.
2. Ownership of the Improvements. All Improvements within the Easement, whether they
were installed by the Grantee or any predecessor in interest, shall be and remain the property of
the Grantee.
3. Right of ingress and egress. The Grantee shall have the right and easement of ingress
and egress over any lands of the Grantor adjacent to the Easement between any public or private
roads and the Easement, to inspect, maintain and operate the Improvements.
4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the
Easement to inspect, maintain and operate the Improvements.
5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have
the right within the Easement to trim, cut or remove any trees, brush or shrubbery,
, remove
fences, structures or other obstructions, and take other similar action reasonably necessary to
provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its
own expense, shall restore as nearly as possible, the premises to their original condition. This
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the
2
Version: 12-19-14
reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and
other facilities located outside of the Easement that were damaged or destroyed by the Grantee.
However, the Grantee shall not be required to repair or replace any structures, trees, or other
facilities located within the Easement, but be required only to repair or replace groundcover
within the Easement that was disturbed, damaged or removed as a result of installing or
maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement
all trash and other debris resulting from the installation, maintenance or operation of an
Improvement, and shall restore the surface thereof to its original condition as nearly as
reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair
or replace anything identified in this section if to do so would be inconsistent with the proper
maintenance or operation of the Improvements. In addition, neither the Grantee nor any other
public agency, including the Virginia Department of Transportation, shall be responsible for
conducting routine maintenance as described in Section 6 except as expressly provided in this
section.
6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to
perform routine maintenance of the Easement premises, including the removal of trash and
landscaping debris, mowing and manicuring lawns and groundcovers, and making any other
aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein
conveyed, and which do not adversely affect the proper operation of any Improvement. The right
to maintain the Easement premises does not include the right to maintain the Improvements.
7. Temporary construction easement. The Grantee shall have a temporary construction
easement on the lot on which the Easement is located in order to construct, install, maintain,
repair, change, alter, or replace an Improvement. This temporary construction easement shall
expire upon completion of the work.
8. Restrictions. The Easement granted hereby is expressly made subject to any and all
easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and
other instruments constituting constructive notice in the chain of title to the Property which have
not expired by a time limitation contained therein or otherwise become ineffective. Neither the
Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter,
reconstruct, interfere with, disturb or otherwise change in any way any Improvement located
within the Easement by installing tress, constructing or maintaining any roadway, or erecting any
3
Version: 12-19-14
s �,
•
building, fence, retaining wall or other structure within the Easement. These restrictions shall
not prohibit the location of underground pipes, wire, conduits or other such facilities within the
Easement with the prior written consent of the Grantee, which shall not be unreasonably
withheld.
9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
10. Binding effect. The Easement and the rights and obligations established herein shall run
with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their
successors and assigns. All references herein to the "Grantor" and the "Grantee" include their
respective successors and assigns. All references to the "Grantee," when exercising any right or
obligation herein, includes the Grantee's officers, employees and agents.
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the
conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed.
4
Version:12-19-14
WITNESS the following signatures.
GRANTOR: Pantop-Lakeridge, LLC
By: xc-7J
Charles W. Hurt, Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OFA Iloy�c�f It'_ •
The foregoing instrument was acknowledged before me this (5 day of M
2015 by Charles W. Hurt, as Manager of Pantops-Lakeridge, LLC, a Virginia limited liability
company.
oest.
Notary Public
My Commission Expires:') I -201(p
Registration number: 2-9 711 Li (p LOIS A. HAVERSTROM
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 312016
REGISTRATION NO. 298946
. 4
5
Version: 12-19-14
GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA
Thomas C. Foley
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this f f.,0-4 day of
, 2015 by Thomas C. Foley, County Executive, on behalf of the County of
Albema e, Virginia, Grantee.
,0`,/k A g�
Notary Public N ..•
My Commission Expires: L� �i� �.1�oNjq;�T` -
Registration number: _ OF i•
p'1.�9GIN�P. '•
Notary Registration # 70234:21a:X21 :,.... � •N`
Approv-d as to form: ,..I�
����..
L. A 411
colt' o -y
6
Version: 12-19-14
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Albemarle County, VA
Debra M. Shipp Ciruit Clerk
501 East Jefferson St.
Charlottesville, VA 22902
Phone Number: (434)972-4083
Fax Number: (434)293-0298
Official Receipt: 2015-00007015
Printed on 05/20/2015 at 11:58:27 AM
By: 16 on CIRCOURT_005490
SOUTHERN DEVELOPMENT
Date Recorded: 05/20/2015
Instrument ID Recorded Time Amount
Bk 4621 Pg 379/ 11:58:14 AM $82.00
File No. 2015-00005062
DEC- DECLARATION- STATEMENT
GRANTOR:PANTOPS LAKERIDGE LLC EX:N
GRANTEE:PANTOPS LAKERIDGE LLC EX:N
Addressl :
Address2:
City/State/Zip:
Consideration:
Assumption:
Locality:CO Percent:100.00%
Pages:9 Names:
Accounts Amount
301- DEEDS $74.50
145- VSLF $1 .50
106- TECHNOLOGY TRUST FUND FEE $5.00 .
035 - OPEN SPACE PRESERVATION $1.00
Itemized Check Listing
Check # 602 $82.00
Total Due: $82.00
Paid By Check: $82.00
Change Tendered: $0.00
VISIT US ON THE WEB AT
HTTP://COTTHOSTING.COM/VAALBEMARLEEXTERNAL
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
T C Date of Instrument: [5/20/2015 ] Li Co-2—t .. r-1 G
O Instrument Type: [DEC-PL ] 1
X R
P
E Number of Parcels [ 1]
ENumber of Pages [ 9]
M City County x [Albemarle County ] (Box for Deed Stamp Only)
P
T First and Second Grantors
_ _ Last Name First Name I Middle Name or Initial I Suffix
[Pantops Lakeridge LLC ][ ][ ][ ]
❑ ❑ [ l[ l[ 11 l
First and Second Grantees
El C Last Name First Name I Middle Name or Initial I Suffix
[Pantops Lakeridge LLC ][ ][ ][ ]
❑ ❑ [ ][
It it l
Grantee Address (Name) [Pantops Lakeridge LLC l
(Address 1) [195 Riverbend Drive ]
(Address 2) [ ]
(City,State,Zip) [Charlottesville ] [VA ] [22911 ]
Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County❑ [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No(PIN) [78 57 ]
Tax Map Num. (if different than PIN) [78 57 ]
Short Property Description [Hyland Ridge Subdivision Phase 2 Plat ]
]
Current Property Address (Address 1) [Hyland Ridge Subdivision Phase 2 Plat
l
(Address 2) [ ]
(City,State,Zip) [Charlottesville ][VA ][22911 ]
Instrument Prepared by [Lois A Haverstrom ]
Recording Paid for by [Southern Development Group Inc l
Return Recording to (Name) [Lois A Haverstrom ]
(Address 1) [170 South Pantops Drive ]
(Address 2) [
(City,State,Zip) [Charlottesville ][VA ][22911 ]
Customer Case ID [ ] [ ][ ]
r
,I
S Cover Sheet Page#1 of 1 l,1
. � t , '
e_oio\,)
•
Prepared by:Lois A.Haverstrom(VSB 43712)
Parent Tax Map Parcel: 78-57
Return to: 170 South Pantops Drive,Charlottesville,V,22911
SUPPLEMENTAL DECLARATION
AMENDMENT#3 TO THE DECLARATION OF COVENANTS,CONDITIONS AND
RESTRICTIONS FOR
HYLAND RIDGE SUBDIVISION
THIS SUPPLEMENTAL DECLARATION, made this 6th day of May, 2015, by Pantops-
Lakeridge, LLC, a Virginia limited liability company and Southern Development Group, Inc., a Virginia
corporation, hereinafter referred to as"Declarant"whether one or more,hereby amends the Declaration of
Covenants, Conditions and Restrictions for Hyland Ridge Subdivision, dated October 19, 2012, as
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4250,
Page 68, as supplemented and amended in Deed Book 4420, Page 587, and in Deed Book 4489, Page
733.
WITNES SETH :
WHEREAS, Pantops-Lakeridge, LLC is the owner of certain real property located in the County
of Albemarle, Virginia, and has created thereon(and on such additional real property as may hereafter be
subjected to the provisions of this Declaration)a planned community known as"Hyland Ridge;"
WHEREAS, Declarant desires to provide for the protection and enhancement of the value and
desirability of Hyland Ridge and for the maintenance of Hyland Ridge, and to this end, Declarant desires
to subject the real property described in Section 2.01 hereof,together with such additional real property as
may hereafter be subjected to this Declaration to the covenants, restrictions, easements, conditions,
reservations, liens and charges hereinafter set forth, each and all of which is and are for the benefit of said
real property and the owners thereof; and
WHEREAS,pursuant to Sections 2.02 and 13.04 of the Declaration of Covenants, Conditions and
Restrictions for Hyland Ridge Subdivision, dated October 19, 2012, as recorded in the Clerk's Office of
the Circuit Court of Albemarle County,Virginia, in Deed Book 4250,Page 68, as amended in Deed Book
4420, Page 587, and in Deed Book 4489, Page 733 (the "Declaration"), the Declarant has to right to
amend and supplement said Declaration, as well as right to bring additional property into the plan and
operation of said Declaration for Hyland Ridge Subdivision.
NOW, THEREFORE, Declarant hereby amends and declares that the real property described in
Section 2.01 hereof, and such additions thereto as may hereafter be made pursuant to Section 2.02 hereof,
shall be held, transferred, sold, conveyed, leased, donated, devised, inherited and occupied subject to the
covenants, restrictions, easements, conditions, reservations, liens and charges set forth in the Declaration,
and as hereinafter set forth, and, subject to any valid amendments or supplements hereto. These
covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions of
the Declaration and the Amendments shall run with the land and shall be binding upon any and all parties
1
who have, or shall acquire, any right, title, or interest in all or any part of the real property subject to this
Declaration, and shall inure to the benefit of each Owner hereof.
ARTICLE II-PROPERTY SUBJECT TO THIS DECLARATION
Section 2.01 is amended and fully restated as follows: Section 2.01. Hyland Ridge Existing
Property. The real property which at this time is, and shall be held, transferred, sold, conveyed, donated,
leased, devised, inherited and occupied subject to the covenants, restrictions, easements, conditions,
reservations,liens and charges set forth in this Declaration, is:
A) all the land as shown and described on the subdivision plat of Hyland Ridge Subdivision,
Phase 1 with Easements, Rivanna District, Albemarle County, Virginia, prepared by W&W
Associates, dated December 4, 2007, showing Lots 1 through 17, Lots 94 through 97, Open
Spaces, Storm Water Management Facilities and Roads (the "Plat"), as attached hereto and
recorded herewith in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. As
set forth in Section 2.02, Declarant shall have the right, but not the obligation, to include all or
any portion of future Phases of Hyland Ridge Property within the plan and operation of the
Association and this Declaration; and,
B) all the land as shown and described on the subdivision plat of Hyland Ridge Subdivision
titled: "Plat showing Hyland Ridge Subdivision Phase IIIA with Easements, Rivanna District,
Albemarle County, Virginia", prepared by W&W Associates, dated January 1, 2013, as revised
March 26, 2013, June 28, 2013 and August 23, 2013, showing Lots 18 through 21, Lots 39
through 41, Lots 65 through 71, Open Spaces (labeled Tree Conservation Areas D and F), Storm
Water Management Facilities and Roads (the "Plat", whether one or more), as recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4420, Page 576.
As set forth in Section 2.02, Declarant shall have the right, but not the obligation, to include all or
any portion of future Phases of Hyland Ridge Property within the plan and operation of the
Association and this Declaration.
C) all the land shown and described on a subdivision plat of Hyland Ridge Subdivision
titled: "Plat Showing Hyland Ridge Subdivision Phase IIIB with Easements, Rivanna Dictrict,
Albemarle County, Virginia," prepared by W&W Associates, dated January 2, 2013, as revised
March 26. 2013, August 26, 2013, Janaury 6, 2014 and April 24, 2014, showing Lots 42 through
64, Open Space, labeled New Open Space and 9' Access Easement from Cul-de-sac, which is an
easement for certain utilities and a trail (the "Plat", whether one or more), as recorded in the
Clerk's Office of the Circuit Court of Albemarle County,Virginia, in Deed Book 4489,Page 733.
As set forth in Section 2.02, Declarant shall have the right,but not the obligation,to include all or
any portion of future Phases of Hyland Ridge Property within the plan and operation of the
Association and this Declaration.
D) all the land shown and described on a subdivision plat of Hyland Ridge Subdivision
titled: "Subdivision Plat, Hyland Ridge Subdivision, Phase II, TMP 78-57, Rivanna District,
Albemarle County, Virginia,"prepared by Dominion Engineering,April 14, 2014, as revised July I:
7, 2014, November 25, 2014, April 14, 2015, April 29, 2015 and May 6, 2015 showing Lot 69,
Lots 72 through 93, Storm Water Management Area ("SWM Area 0.992 acres") and "Open
2
Space for Pedestrian Trail 0.031 Acres" (the "Plat," whether one or more), as recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia, attached hereto and made a
part hereof. As set forth in Section 2.02, Declarant shall have the right, but not the obligation, to
include all or any portion of future Phases of Hyland Ridge Property within the plan and
operation of the Association and this Declaration.
Section 2.02. Additions to Existing Property. Declarant shall have the continuing right, but not
the obligation,without further consent of the Association or of other Owners, to bring within the plan and
operation of this Declaration and the jurisdiction of the Association all or any portion of the additional
real property. Such additions may be made as one tract or as several smaller tracts at different times. To
make any addition authorized by this section,Declarant shall file a Supplemental Declaration with respect
to the real property being added to Hyland Ridge which shall extend the operation and effect of this
Declaration, and the jurisdiction of the Association, to such added real property. A Supplemental
Declaration filed by Declarant may contain such complementary conditions and modifications of the
covenants, conditions and restrictions contained in this Declaration as may be necessary or desirable to
reflect the different character, if any, of the added real property. Note: References in the Declaration to
Lots numbered R1 through R7, are for informational purposes only, unless and until such Lots are platted
and recorded subsequent hereto. Portions of proposed Lots Rl and R2 may be subject to additional
easements and restrictions separately recorded in favor of the Albemarle County Public Recreational
Facilities Authority. It is the intention that proposed Lots R1 through R7 will be excluded from certain
requirements under the Declaration,as expressly set forth herein.
ARTICLE X—GENERAL USE RESTRICTIONS AND REQUIREMENTS
Article X is hereby amended by the addition of Section 10.20.
New Section 10.20. Conservation Buffer and 100 foot Stream Buffer in Phase II. There is a
Conservation Buffer along the back or southerly side of the Lots 83 through 93 in Phase II of Hyland
Ridge Subdivision, as shown on the Plat for Phase II, that is attached hereto and recorded herewith. No
structures may be built within the Conservation Buffer on Lots 83 through 93, Phase II, Hyland Ridge
Subdivision. Additional Lot grading is not permitted in the Conservation Buffer without prior County
approval. The Lot Owner shall be responsible to maintain and replace trees in the Conservation Buffer as
provided for in the Mitigation Plan. There is also a 100 foot Stream Buffer along the back or southerly
side of the Lots 83 through 93 in Phase II of Hyland Ridge Subdivision, as shown on the Plat for Phase II,
that is attached hereto and recorded herewith. In accordance with a County Approved Mitigation
Plan, Section 17-604 of the Albemarle County Code, certain structures, improvements or activities
are allowed within the protion of the 100 Foot Stream Buffer that is outside of the Conservation
Buffer. The 100 Foot Stream Buffer must be managed and maintained in accordance with the
Albemarle County Water Protection Ordinance. Ownership of Lots 83 through 93 are subject to
these Buffers and the requirements of the corresponding Mitigation Plan and County Ordinances.
A copy of the Mitigation Plan shall be included with the Association's Disclosure Packet.
[Signatures Follow on Pages 4 and 5]
3
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf
by its duly authorized manager.
PANTOPS LAKERIDGE, LLC, a Virginia limited
liability company
By: gAoni >1— 94Jo/
Charles W. Hurt, as Manager
COMMONWEALTH OF VIRGINIA,
COUNTY OF ALBEMARLE,to wit:
The foregoing instrument was acknowledged before me this `day of M c , 2015 by
Charles W.Hurt as Manager of Pantops Lakeridge, LLC,a Virginia limited liability company.
My commission expires:1-i+-Zb 1 g'
(SEAL&Cert No)
LOIS A. HAVERSTROM Notary Public
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31,2016
REGISTRATION NO.298946
SOUTHERN DEVELOPMENT GRO ' C., a
Virginia corporation
By:
Fr. . . 'y if, 'resident
COMMONWEALTH OF VIRGINIA,
COUNTY OF ALBEMARLE, to wit:
The foregoing instrument was acknowledged before me this day of ,2015
by Frank T. Ballif as President of Southern Development Group, Inc., a Virginia corporation.
My Commission Expires: '1-31 245+(e
(SEAL&Cert No) - ti
<VCW-e-c.:
LOIS A. HAVERSTROM Notary Public
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31,2016
REGISTRATION NO.298946
4
4
C .
ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDERS
The undersigned hereby acknowledge and consent to the recordation of the foregoing Declaration of
Covenants, Conditions and Restrictions for Hyland Ridge(the"Declaration") and to the imposition of the
covenants, conditions and restrictions set forth therein upon the Property and expressly acknowledge and
agree that the lien, operation and effect of the deed of trust recorded for the benefit of each of the
undersigned is hereby made subordinate to this Declaration and any amend. The undersigned have joined
herein solely for the purposes set forth above and for no other or further purposes whatsoever. The
undersigned expressly disclaim any liability or obligation whatsoever with regard to the preparation,
drafting, substance or content of this Declaration.
UNION SERVICE CORPORATION,Trustee
By: �[artex (SEAL)
Name: T Ci..■CNC. A l 1 ex-)
Title: %C� PrC_SLGi-e3.- . F
COMMONWEALTH OF VIRGINIA
CI fC'OUNTY OF PO (.It ,to-wit:
The foregoing instrument was acknowledged before me this i+day of f.A.a t"A , 2015,
by I M-'-1 , en+ of Union Service Corporation, a 1
corporation, on behalf of the corporation as trustee.
My commission expires:-1-3 —20 4(,0 '
Registration No.: 201. L42 • �L� ` `
LOIS A. HAVERSTROM Notary Public
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31,2016 UNION BANK & TRUST, formerly known as Union First
REGISTRATION NO.298946 Market Bank
By: /Jc (SEAL)
Name: . 0. 0....a,--. r •
Title: S J rp
COMMONWEALTH OF VIRGINIA
COUNTY OF A ,to-wit:
The foregoing instrument was acknowledged before me this- day of 2015
bybaJtCI 1). OvJ Q S r for'rcasid�e f Union Bank & Trust, formerly Union First Market
Bank, on behalf of the n1c.
My commission expires: -1.23k ,�°
Registrati��O pA. HAVERSTROM 1`-1 Cr.' • i
NOTARY PUBLIC Notary Public
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31,2016
REGISTRATION NO. 298946
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