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Home My WebLink AboutSUB201500145 Review Comments Miscellaneous Submittal 2016-01-21Community Development Document Review County Attorney's Office TO: [ PC4- PROJECT NUMBER: � () 6 2-0 1 S - C-20 L �[ � (4 1 k -k al You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement /easement Open space /greenway easement Dedication of right -of -way Parcel determination Other: S C: 9 i �CC The document: is approved —,/is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements tfPGt ilf-,C) is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description needs to be revised (see comment below) : Other (see comment below) Comment: If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. r G e p er o ty ttorney Date: Mr. W3 This document prepared by and to be returned to: Coliison F. Royer (VSB 65993) Royer Caramanis & McDonough, PLC 200-0 Garrett Street CharIottsemAlle, Virginia 22902 SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WIIITTINGTON SUBDIVISION THIS SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TON SUBDIVISION (the "Supplementary Declaration") is made this day of 2015, by PIEDMONT NEIGHBORHOODS LP, a Virginia limited partnership (the "Declara&D. WELLS FARGO BANK, NA'T'IONAL ASSOCIATION, a national banking association, in its capacity as Administrative Agent (the "Lender"), joins herein to evidence its consent as set forth hereunder. WITNESSETH: WHEREAS, Triumph Whittington, LLC, a Virginia limited liability company (the "Original Declarant') and Whittington Homeowners Association, a Virginia non -stock corporation formed pursuant to the Vug= Property Owners Association Act (the "Association', recorded that certain Declaration of Covenants, Conditions and Restrictions of Whittington Subdivision dated November 8, 2013, and recorded on November 8, 2013, in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia (the "Clerk's Office'l, in Deed Book 4433, page 519 (the "Declaration'). WHEREAS, the Declaration governs the planned community located in Albemarle County, Virginia, known as Whittington, and, pursuant to Article II, Section 2 thereof (the "Expansion Provision"), the Declarant thereunder has the unilateral right and privilege (but not the obligation), from time to time, to expand the Property (as the same is defined in the Declaration) by submitting all or any portion of the Additional Property (as the same is defined in the Declaration, and specifically including the Residue Lot, as hereinafter defined, all as the same is shown on Exhibit C attached to and incorporated in the Declaration) to the provisions of the Declaration without the consent of any Owner (as the same is defined in the Declaration) or any Mortgagee (as the same is defined in the Declaration) (except the holder of a deed of trust on the Additional Property being submitted) by filing in the Clerk's Office a Supplementary Declaration annexing such real property. VMEREAS, as evidenced by that certain special warranty deed from Original Declarant to Declarant dated February 4, 2014, and recorded February 18, 2014, in the Clerk's Office in Deed Book 4461, page 435, Declarant is the owner of that certain real property identified as the `Residue Lot ", containing 154.160 acres, more or less, shown on that certain plat titled "Subdivision Overview W=INGTON SUBDIVISION Phase A TMP 90 Parcels 3, 45, 46, 47, 48 and TMP 89 Parcel 95 Samuel Miller Magisterial District, Albemarle County Virginia" prepared by Dominion Engineering as Project No. 13.0033, dated as of April 23, 2013, last revised July 10, 2013, recorded November S, 2013, in the Clerk's Office in Book 4433, page 519. WHEREAS, upon the conveyance of the Residue Lot by the Original Declarant to the Declarant, the Declarant succeeded the Original Declarant as sole Declarant pursuant to Article I, Section 11 of the Declaration. WHEREAS, by way of that certain Collateral Assignment of Declarannt's Rights made on April 17, 2014, from Declarant to Lender,'recorded April 17, 2014, in the Clerk's Office in Deed Book 4480, page 681(the "Collateral Assignment"), and in connection with that certain Additional Security Credit Line Deed of Trust and Security Agreement dated April 17, 2014, granted by Declarant to TRSTE, Inc., a Virginia corporation as Trustee, for the benefit of Lender, and recorded in the Clerk's Office in Deed Book 4480, page 645, as amended in Deed Book 4483, page 686, on April 28, 2014 (the "Deed of Trust'), which Deed of Trust secures the Residue Lot, Declarant collaterally assigned to, and unconditionally and irrevocably granted to Lender a security interest in and a lien upon, among other things, all of Declarant's rights under the Declaration, and agreed not to submit any additional premises to the Declaration without the prior written consent of Lender. WHEREAS, Declarant subdivided the Residue Lot as evidenced by that certain subdivision plat entitled "FINAL SUBDIVISION PLAT WHITTINGTON, PHASE B1 TMP 90-3 SAMUEL MILLER. DISTRICT, ALBEMARLE COUNTY, VA" prepared by Dominion Engineering, dated August 5, 2015, and recorded in the Clerk's Office in Deed Book , page (the "Whittington Phase B 1 Plat"). WHEREAS, Declarant now wishes subject portions of the Residue Lot as shown on the Whittington Phase 131 Plat and further described herein to the provisions of the Declaration and to the jurisdiction of the Association. WHEREAS, Lender wishes to consent to the recording of the Whittington Phase B1 Plat and the submittal of portions of the Residue Lot as shown on the Whittington Phase B 1 Plat and further described herein to the provisions of the Declaration and the jurisdiction of the Association, as required by the Assignment, the Deed of Trust, and the Declaration. NOW THEREFORE, pursuant to the provisions of the Expansion Provision, the Declarant declares that the Declaration shall hereby be supplemented as sett forth below. 1. The Declarant hereby submits all of that certain property more particularly described on Schedule A attached hereto and incorporated herein by this reference to the provisions of the Declaration and the jurisdiction of the Association. Such property shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Declaration and all subsequent amendments and modifications thereto. 2. This Supplementary Declaration shall be effective upon recording in the Clerk's Office. 3. Other than those restrictions and obligations set forth in the Declaration, nothing contained herein is intended to impose, expressly or by reference, any additional restrictions or obligations on the Residue Lot. 4. Lender joins herein to evidence its consent to recording of the Whittington Phase B1 Plat and this Declaration, as amended; provided, however Lender makes no warranty or any representation of any kind or nature concerning the Declaration or any of its terms or provisions, or the legal sufficiency thereof and disavows any such warranty or representation, it being - understood that Lender does not assume and shall not be responsible for any of the obligations or liability of Declarant contained in the Declaration. [The remainder of this page intentionally left blank. Sigaatares follow on the neat pages.] WITNESS the following duly authorized signatures: PEEDIMONT NEIGHBORHOODS LP, a Virginia limited pip By: SM Piedmont, LLC, a Virginia limited liability company, its General Partner By: Name: A-P W -tea r 7 Its: - c � NWE ALT�-I CIT(��r UNTY OF to -wit: Ise foregoing instrument was w ged �efbrfmeday of 2015, by 'of SM Piedmont, LLC, a Virginia limited liability company, General Partner of Piedmont Neighborhoods LP, a Virginia limited paring hip, on its behalf. Notary Public My cvmmissio Cvllison F. Royer Notary registration n Commonwealth of Virginia My Commission Expires: May 3-1,20,16 k WELLS FARGO BAND, NATIONAL ASSOCIATION, a national banldng association, in its capacity as Administrative Agent By: Name: Charles Schuh Its: Vice President M � � f� The foregoing instrument was acknowle g before me ' _ day of 2015, by /�S ,! i _ of Wells Fargo Bank, National Associati a national banking Association, in its capacity as Administrative Agent, on its behalf. No ub ic My commission expires: Notary registration number: A' District of Coiurnbia: SS Supscrit,ac€ and sworr► to befai�g In my pre ups day of Diana P. :rMM Notary P,d ACS MY OwMi w ex kw ALVa t 31,2'01& q K a SCHEDULE A I Lots 5 through 12 (inclusive), Lots 3 & through 55 (inclusive), Kendra Street, Parcel X, Open Space E, Open Space F, Open Space G, Open Space H, Residue A, and Residue B, all as the same are more particularly shown on that certain subdivision plat entitled "FINAL SUBDIVISION PLAT WHITTINGTON, PHASE B1 TMP 90 -3 SAMUEL MILLER DISTRICT, ALBEMARLE COUNTY, VA" prepared by Dominion Engineering, dated August 5, 2015, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book page k 7