The URL can be used to link to this page

Home My WebLink AboutSUB201600047 Declaration of Covenants, Conditions and Restrictions 2016-07-06 Community Development Document Review County Attorney's Office TO: Mq'jcC ' lrl c S PROJECT BER: V e 291 Ic' 0 in- Ca Cc. jc.„, al_ 4-- 7- 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: 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 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: i 170h _ Lc � p � 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. illV /f Date: ® 0)5/16 Greep!�-r Depu o ii Att., ey Community Development Document Review County Attorney's Office TO: :Lievyvi PROJECT N BER: ,5I) .26 / ,_. C1 (i-"} 6-, (- t c,_ BA_ 4 -- 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: 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 t./ 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: t L .)0 EIS f 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. 1 AL. k At 0Date: /C Gre r: P A-r 1 Depu o �i Att., ey Albemarle County Tax Map Parent Parcels: 06200-00-00-02500,07800-00-00-05900,078E0-00-00-00H10 Prepared by: Lois A.Haverstrom(VSB#43712) Return to:170 South Pantops Drive,Charlottesville,VA,22911 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASCADIA SUBDIVISION,ALBEMARLE COUNTY, VIRGINIA AMENDMENT#2 THIS AMENDMENT #2 TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for CASCADIA SUBDIVISION, is made this 6th day of July, 2016, by Cascadia Development, LLC, a Virginia limited liability company, its successors or assigns, and, Towne District, LLC, a Virginia limited liability company, its successors or assigns (hereinafter referred to as "Declarant" whether one or more). RECITALS WHEREAS, Article VIII, Section 1 and Article XIV, Section 2 of the Declaration of Covenants, Conditions and Restrictions for Cascadia Subdivision, dated December 4, 2015, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4712, Page 104, as amended in Deed Book 4732, pages 678, and may be further amended (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 Cascadia Subdivision. NOW, THEREFORE, Declarant hereby amends and declares that the real property described in Exhibits A of the Declaration, and such additions thereto as may hereafter be made pursuant to the Declaration, 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 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. FURTHER, EXHIBIT A of the Declaration is hereby amended and fully restated as follows: EXHIBIT A: PROPERTY SUBJECT TO THIS DECLARATION. Cascadia Phase 1, Blocks 4-7: All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia Subdivision titled, "Final Subdivision Plat, Cascadia - Phase One, Blocks 4-7, TM 62, Parcel 25, TM 78, Parcels 59, TM 78E, Parcel H1, Rivanna District, Albemarle County, Virginia," dated June 23, 2014, as revised August 26, 2014, October 31, 2014, and January 9, 2015, by Dominion Engineering, and made a part hereof, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4712, Pages 104 through 153. Cascadia Phase 1, Blocks 1-3: All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia subdivision titled, "Final Subdivision Plat, Cascadia Blocks 1 - 3, Phase 1, TM 62, Parcel 25, Rivanna District, Albemarle County, Virginia," dated September 8, 2015, as revised November 4, 2015 and January 5, 2016, by Dominion Engineering, as recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 4732, Pages 678-689. Page 1 of 5 Now Cascadia Phase 2, Blocks 4—7: All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia Subdivision titled, "Final Subdivision Plat, Cascadia—Phase Two, Blocks 4—7,TM 78, Parcels 59, Rivanna District, Albemarle County, Virginia," dated January 13, 2016, as revised March 28, 2016, April 20, 2016 and June 27, 2016, by Dominion Engineering, as attached hereto and recorded herewith. Boundary Line Adiustment Plat for Cascadia, Block 1—3, Phase 1, Lots 245 and 246: A Boundary Line Adjustment Plat dated June 6, 2016, by Dominion Engineering, titled "Boundary Line Adjustment Plat, A Portion of Tax Map 62, Parcel 25, Lots 245 & 246, Cascadia, Blocks 1 — 3, Phase 1, Rivanna District,Albemarle County,VA", as attached hereto and recorded herewith. Article XIII- Easements and Right of Way,Section 2 is hereby amended and restated in full as follows: Section 2. Easement for Hedges, Retaining Walls and Fences. A) Each Lot and its Owner are declared to have an easement and the same is granted by the declarant, for encroachments on adjoining Lots or Common Area, as the case may be, due to hedges, retaining walls, fences, or, elements of adjoining townhome or duplex related construction, if any, (which shall have been previously approved by the Declarant), belonging to such Lot, to the extent such hedge, retaining wall, fence or adjoining element encroaches on adjoining Lots or Common Area, not to exceed one foot (1') or interfere with the use of any improvements on the servient property. This is a general encroachment easement to address construction along shared lot lines. B) Additionally, certain retaining walls called for by the site plan or by the topography of the lots will extend beyond the one foot (1') encroachment easement created above, and shall create permanent easements in the location of such free standing retaining walls, as well as temporary easements over and across the servient lot for the purpose of maintaining, repairing and replacing all such retaining walls. Free standing retaining walls on the following Lots shall be maintained by the Association and the easement created herein shall be for the benefit of the Association: Lots 1, 2, 15 through 21, 50, 56 through 58, 79 through 82, 168 through 172, 176 through 178, 242 through 246. All other retaining walls shall be maintained, repaired and replaced by the owner of the lot where the retaining wall is located. ALL OTHER PROVISIONS OF THE DECLARATION REMAIN IN FULL FORCE AND EFFECT. Page 2 of 5 IN WITNESS WHEREOF, the Declarant has executed this Declaration this day of 2016. CASCADIA DEVELOPMENT, LLC,a Virginia limited liability company BY: ( L4 Charles W. Hurt, Manager STATE OF VIRGINIA, CITY/COUNTY of ALBEMARLE,to wit: This Declaration of Covenants, Conditions and Restrictions was acknowledged before me this day of , 2016, by Charles W. Hurt, as Manager of Cascadia Development, LLC, a Virginia limited liability company. My Commission Expires: Notary Public Cert# TOWNE DISTRICT, LLC, a Virginia limited liability company BY: ran. .Ballif, Manager STATE OF VIRGINIA, CITY/COUNTY of ALBEMARLE,to wit: This Declaration of Covenants, Conditions and Restrictions was acknowledged before me this X" day of 4-04---1 , 2016, by Frank T. Ballif, as Manager of Towne District, LLC, a Virginia limited liability company. My Commission Expires: 1 -3 i -X7'2.1: otary Public Cert# 5 ic°I`{ e Page 3 of 5 ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDER The undersigned hereby acknowledges and consents to the recordation of the foregoing Declaration of Covenants, Conditions and Restrictions for CASCADIA SUBDIVISION (the "Declaration"), and to the recordation of the attached Cascadia Subdivision — Phase Two, Blocks 4 -7 Final Subdivision Plat (the "Plat), and, to the imposition of the covenants, conditions and restrictions set forth therein upon the Property and expressly acknowledges and agrees 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 has 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. Carter Bank&Trust By: (SEAL) Print Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to-wit: The foregoing instrument was acknowledged before me this day of ,2016, by for Carter Bank&Trust, on behalf of the Bank. My commission expires: Registration No.: Notary Public Page 4 of 5 ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDER The undersigned hereby acknowledges and consents to the recordation of the foregoing Declaration of Covenants, Conditions and Restrictions for CASCADIA SUBDIVISION (the "Declaration"), and to the recordation of the attached Cascadia Subdivision — Phase Two, Blocks 4 -7 Final Subdivision Plat (the "Plat), and, to the imposition of the covenants, conditions and restrictions set forth therein upon the Property and expressly acknowledges and agrees 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 has 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: (SEAL) Print Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to-wit: The foregoing instrument was acknowledged before me this_day of ,2016, by for Union Service Corporation, a Virginia corporation, in behalf of the corporation as trustee. My commission expires: Registration No.: Notary Public Union Bank&Trust By: (SEAL) Print Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by of Union Bank&Trust, on behalf of the bank. My commission expires: Registration No.: Notary Public Page 5 of 5