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Home My WebLink AboutSUB201600038 Other Prepared by and upon recordation return to: Williams Mullen 321 E.Main Street,Suite 400 Charlottesville,VA 22902 Tax Parcel No.056K0-00-00-000A1 (part) SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE HOMEOWNERS ASSOCIATION OF FOOTHILLS CROSSING, INC. THIS SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE HOMEOWNERS ASSOCIATION OF FOOTHILLS CROSSING, INC. (this "Supplemental Declaration"), dated as of this day of , 2016 (the "Effective Date"), by FOOTHILLS CROSSING, INC., a Virginia corporation, to be indexed as a grantor and grantee ("Declarant"); and THE HOMEOWNERS ASSOCIATION OF FOOTHILLS CROSSING, INC., a Virginia non-stock corporation, to be indexed as grantor and grantee ("Association"), recites and provides as follows: RECITALS WHEREAS, by Declaration of Covenants, Conditions and Restrictions for the Homeowners Association of Foothills Crossing, Inc. dated February 26, 2010, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia(the "Clerk's Office"), in Deed Book 3854, at page 661-715, as supplemented by the Supplement to Declaration of Covenants, Conditions and Restrictions for the Homeowner's Association of Foothills Crossing, Inc., dated November 27, 2013, recorded in the Clerk's Office in Deed Book 4443, at page 577 and further supplemented by the Supplement to Declaration of Covenants, Conditions and Restrictions for the Homeowner's Association of Foothills Crossing, Inc., dated March_, 2015, recorded in the Clerk's Office in Deed Book , at page (collectively, the "Declaration") Declarant declared certain real property commonly known as "Foothills Crossing" located in Albemarle County, Virginia (referred to and defined in the Declaration as the "Existing Property"), be held, sold and conveyed subject to easements, restrictions, covenants and conditions contained in the Declaration. Each capitalized term used, and not otherwise defined in this Supplemental Declaration, shall have the meaning given to it in the Declaration unless the context otherwise requires. WHEREAS, the Existing Property has been developed as a residential subdivision and Section 2.02 of the Declaration provides that the Declarant, its successors and assigns, and the Association have the right to annex additional property within the plan and operation of the Declaration. WHEREAS, Declarant intends to develop certain property adjacent to the Existing Property as Phase IV & V of the Foothills Crossing residential subdivision with approximately thirty-three (33) additional Lots, as shown on the Subdivision Plat, Phase IV & V, Foothills Crossing (the "Phase IV & V Plat") recorded in the Clerk's Office in Deed Book page (the "Additional Property"). WHEREAS, Declarant joins in this Supplemental Declaration together with the Association, to declare the Additional Property subject to all of the easements, restrictions, covenants and conditions contained in the Declaration. SUPPLEMENT TO THE DECLARATION NOW, THEREFORE, in consideration of the premises and covenants herein contained, Declarant and the Association covenant, agree and declare as follows: 1. Declarant and the Association declare that all of the Additional Property, more particularly described in Exhibit "A" attached hereto and made a part hereof, shall from and after the Effective Date be held, owned, used, transferred, sold, conveyed, demised and occupied subject to all covenants, conditions, restrictions, easements, reservations, regulations, burdens, liens and charges of the Declaration (and any valid amendments or supplements thereto), all of which shall run with the real property constituting the Additional Property and shall be binding on all parties having or acquiring any right, title or interest in said real property constituting the Additional Property or any part thereof, and shall inure to the benefit of each owner thereof, and their respective heirs, successors and assigns. 2. Declarant and the Association further declare that each Lot shown on the Additional Property, as more particularly shown on the Phase IV & V Plat, shall from and after the Effective Date be deemed a Lot within the meaning of the Declaration held subject to all covenants, conditions, restrictions, easements, reservations, regulations, burdens, liens and charges of the Declaration. 3. If any term, covenant or condition of this Supplemental Declaration or the application thereof to any person or circumstances will to any extent be invalid or unenforceable, the remainder of this Supplemental Declaration or the application of such terms, covenants or conditions to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term, covenant or condition of this Supplemental Declaration will be valid and be enforced to the fullest extent permitted by law. 4. Except as supplemented and modified herein, all of the terms and conditions of the Declaration shall remain unchanged. In the case of any inconsistency or conflict among the provisions of the Declaration and this Supplement, the provisions of this Supplemental Declaration shall govern. 5. This Supplemental Declaration may be executed in multiple counterparts and a facsimile signature shall be considered the same as an original. [Section Left Intentionally Blank - Signature Page Follows] - 2 - WITNESS the following signatures. DECLARANT: FOOTHILLS CROSSING, INC., a Virginia corporation By: Name: And w J. Dondero Title: Vice President COMMONWEALTH OF VIRGINIA CITY/COUNTY OFAcsAlf , to-wit: The foregoing instrument was acknowledged before me, 1" W\ ttksev A,a Notary Public in the aforesaid jurisdiction, this (tt day of , 2016, by Andrew J. Dondero, who is either personally known to me or has satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, as Vice President of Foothills Crossing, Inc., a Virginia corporation, on its behalf. STAMP: M• arlowe ,,,,,, -------� .5 • NOTARY off'= Notary Public f. `�tr PUBLIC REG.#7633624 Q-11• L n :MY COMMISSION' Q ' Registration Number: 14,33 4 2'—1 :• EXPIRES _ ; My Commission Expires: cis(31 � 08/31/2019 :2 %yss � ALTN OF,`,,. [Section Left Intentionally Blank - Signature Pages To Follow] -3 - THE ASSOCIATION: THE HOMEOWNERS ASSOCIATION OF FOOTHILLS CROSSING, INC., a Virginia non-stock corporation By: AAlibilAii III FOP Name: Alan R. Taylor, Jr. Title: Sole Director COMMONWEALTH OF VIRGINIA CITY/COUNTY OF C0 kV_ , to-wit: The foregoing instrument was acknowledged before me, kkakscia NeDIALEA. ,a Notary Public in the aforesaid jurisdiction, this (0 day of__�'�,(� �, 2016, by Alan R. Taylor, Jr. who is either personally known to me or has satisfactoilk y proven to be the person whose name is subscribed to the foregoing instrument as the Sole Director of The Homeowners Association of Foothills Crossing, Inc., a Virginia non-stock corporation, on its behalf. STAMP: o�`'�MarIowe�� oc, "" Notary Public .y NOTARY 0 e PUBLIC •. �: 2 • REG.#7633624 = Registration Number: &3 3d,�c4 MY COMMISSION: Q r ' O EXPIRES 2 My Commission Expires: S 3i2011 08/31/2019 : C9 z��iO •.. '��Q 111/4ALIT, HOF 30955733_2.doc -4 - EXHIBIT "A" DESCRIPTION OF THE ADDITIONAL PROPERTY ALL those certain lots or parcels of land, with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, shown on that certain plat entitled "SUBDIVISION PLAT PHASE IV & V FOOTHILLS CROSSING LOTS 17-18 AND 33-63 LOCATED NEAR CROZET WHITE HALL MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" prepared by Roudabush, Gale & Associates, Inc., dated February 2, 2016, last revised May 16, 2016, and recorded in the Clerk's Office in Deed Book ,page . BEING a portion of the same property conveyed to the Declarant herein by deed from Route 240 Holdings, LLC, a Virginia limited liability company, dated July 28, 2009, recorded July 30, 2009, in the Clerk's Office in Deed Book 3777, page 397. - 5 -