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HomeMy WebLinkAboutSUB201400186 Other 2015-03-09 Pape 1 of 55 / 4 BM I 0 I $ PAGE 13 10 DECLARATION OF COVENANTS AND RESTRICTIONS OF FOREST LAKES THIS DECLARATION, made this {ON day of anfia,. , 1988, by Forest Lakes Associates, a Virginia Partnership hereinafter called "Company". W I T N E S S E T H WHEREAS, the Company is the owner of the real property described in Article II of this Declaration and desires to create thereon a planned development community with representation of residential, commercial, and recreational uses to be known as "Forest Lakee", WHEREAS, the Company desires to provide for the preservation of values and for the maintenance of common facilities and services and for a vehicle for the administration and enforcement of covenants and restrictions; WHEREAS, the Company will cause to be incorporated under the laws of the State of Virginia, a non-stock corporation, Forest. Lakes Community Association, Inc. , for the purpose of exercising the functions aforesaid, and which are hereinafter more fully set forth; NOW THEREFORE, the Company declares that the real property described in Article II, and such additions thereto as may hereinafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the covenants, restrictions, conditions, easements, charges, assessments ("Assessments"), affirmative obligations, and liens (all hereinafter sometimes referred to as "the Covenants") hereinafter set forth. ARTICLE 1 DEFINITIONS The following words and terms when used in this Declaration or any supplemental declaration (unless the context shall clearly indicate otherwise) shall have the following meanings: (a) "Affiliate" shall mean any corporation of which more than fifty percent (SO%) of the voting stock is owned or controlled by the Company or the Developer, and any partnership or joint venture in which the Company or the Developer has more than ■ fifty percent (50%) equity interest or an interest in re Book: 1018 Page: 318 FileNumber:1988-00008933 Seq:1 'vow' Prepared by: Mary Katherine McGetrick(VSB#47084) Portion of Parcel Identification#03200-00-00-03300 Williams Mullen P.0.Box 1320 Richmond,VA 23218-1320 DEED OF GIFT OF OPEN SPACE NOTE: This conveyance is exempt from taxation pursuant to Section 58.1-811 sub-section D of the Code of Virginia of 1950, as amended. THIS DEED OF GIFT OF OPEN SPACE, made this day of March, 2015, by and between ESTES PARK, LLC, a Virginia limited liability company, to be indexed as grantor ("Grantor") and FOREST LAKES COMMUNITY ASSOCIATION, INC., a Virginia non- stock corporation,to be indexed as grantee ("Grantee")provides as follows: THAT FOR AND IN CONSIDERATION of the Grantor's intent to make a gift to the Grantee, the Grantor does hereby grant and convey to the Grantee with GENERAL WARRANTY and, except as hereinafter mentioned, ENGLISH COVENANTS OF TITLE,the real estate identified and described in SCHEDULE A attached to, made a part of, and incorporated into this deed by this reference thereto (the "Property"). The Property is conveyed subject to all easements, restrictions and conditions of record to the extent that they may now lawfully apply to the Property or any part thereof. The Property being conveyed is hereby designated as "Common Area" as that term is defined in that certain Declaration of Covenants and Restrictions of Forest Lakes dated October 4, 1988 and recorded in Deed Book 1018, page 318, as amended. Now' WITNESS the following signature and seal: ESTES PARK, LLC a Virginia limited liability company By: (SEAL) Alan R. Taylor, Jr., Manager COMMONWEALTH OF VIRGINIA) ) TO-WIT CITY/COUNTY OF ) The foregoing instrument was acknowledged before me, , Notary Public,this day of , 2015, by Alan R. Taylor, Jr., who is personally known to me. Alan R. Taylor, Jr. voluntarily acknowledged this instrument as Manager of Estes Park, LLC, a Virginia limited liability company, on behalf of the company. Notary Public Registration Number: My commission expires: Notary Seal Grantee's Address: 27664366_1 New SCHEDULE A ALL that certain piece,parcel or tract of land, lying in Albemarle County, Virginia,being shown and described as "OPEN SPACE `C"' containing 1.183 acres, more or less, "OPEN SPACE `E"' containing 0.638 acre, more or less, "OPEN SPACE `F"' containing 0.268 acre, more or less, "OPEN SPACE `G"' containing 0.244 acre, more or less, "OPEN SPACE `H"' containing 0.028 acre, more or less, "OPEN SPACE `I' containing 0.049 acre, more or less, all as shown on that certain subdivision plat by Roudabush, Gale & Associates, Inc., dated November 7, 2014, last revised March 4, 2015, entitled"Subdivision Plat Phase 2 Estes Park Lots 18 through 55, Also known as Tax Map 32 Parcels 33 and 34 Rivanna Magisterial District, Albemarle County, Virginia", a copy of which is recorded in Book , page , to which plat reference is hereby made for a more particular description of the property hereby conveyed. AND BEING part of the same property conveyed to ESTES PARK, LLC, a Virginia limited liability company, by two Deeds dated June 11, 2012; a.) Deed from Benjamin Johnson ESTES (aka Benjamin Johnson ESTES, II) and Patricia Ann PAIGE (aka Patricia Anne PAGE), recorded in Deed Book 4191,page 285; and, b.) Deed from Clifford H. FOX, Jr., recorded in Deed Book 4191, page 290, among the land records of Albemarle County, Virginia.