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HomeMy WebLinkAboutSUB201600090 Supplementary Declaration TMP:60-65 This document prepared by and to be returned to: Collison F.Royer(VSB 65893) Royer Caramanis&McDonough,PLC 200-C Garrett Street Charlottesville,Virginia 22902 SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR OUT OF BOUNDS THIS SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR OUT OF BOUNDS (the "Supplementary Declaration") is made this day of , 2016, by BARRACKS HEIGHTS, LLC, a Virginia limited liability company ("Declarant"), UNION BANK & TRUST, successor in interest to Union First Market Bank ("Lender"), and UNION SERVICE CORPORATION, a Virginia corporation, as Trustee ("Trustee"). WITNES SETH : WHEREAS, on December 18, 2014, Declarant, in accordance with the Property Owners' Association Act, Chapter 26 of Title 55 of the Code of Virginia(1950), as amended, recorded that certain Declaration of Covenants, Conditions, Restrictions and Easements, dated October 30, 2014, in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia(the "Clerk's Office"), in Deed Book 4567, page 202, as further amended by that certain First Amendment to Declaration of Covenants, Conditions, Restrictions and Easements dated April 29, 2015, and recorded in the Clerk's Office on April 29, 2015 in Deed Book 4619, page 167 (all together, the "Declaration"). WHEREAS, the Declaration governs the planned community located in Albemarle County, Virginia (the "County"), known as Out of Bounds, and, pursuant to Section 9.05 thereof (the "Annexation Provision"), the Declarant, as defined in the Declaration, reserved the unilateral right and privilege to expand the Property, as defined in the Declaration, by submitting all or any portion of the additional property to the provisions of the Declaration and the jurisdiction of the Association without the consent of any Owner, as defined in the Declaration, by recording a Supplementary Declaration in the Clerk's Office. WHEREAS, as evidenced by that certain subdivision plat entitled"SUBDIVISION PLAT LOTS 39-44, BLOCK 1 LOTS 48-55, BLOCK 3 PHASE II "OUT OF BOUNDS" THE PROPERTY OF BARRACKS HEIGHTS, LLC LOCATED ON STATE ROUTE 654 (BARRACKS ROAD) AT THE INTERSECTION OF STATE ROUTE 656 (GEORGETOWN ROAD) JACK JOUETT MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" prepared by Roger W. Ray & Assoc., Inc., dated March 17, 2016, and recorded in the Clerk's Office immediately prior hereto, Declarant subdivided a portion of its property, intending that the same would constitute Phase II of the existing Out of Bounds neighborhood established under the Declaration. WHEREAS, as evidenced by that certain Credit Line Deed of Trust and Security Agreement in the original principal amount of$1,007,500.00 granted by Declarant to Trustee for the benefit of Lender, dated August 7, 2013, and recorded August 8, 2013, in the Clerk's Office in Deed Book 4396, page 56, and, as amended and restated by that certain Amended and Restated Credit Line Deed of Trust and Security Agreement in the original principal amount of $4,217,500.00, from Declarant to Trustee for the benefit of Lender dated October 7, 2014, and recorded October 8,2014,in the Clerk's Office in Deed Book 4543,page 561,as further amended, modified and supplemented from time to time(all together,the"Deed of Trust"),Declarant granted its interest in the Property as collateral. WHEREAS, Declarant, as Declarant, pursuant to the Annexation Provision, wishes to supplement the Declaration to include additional property under the provisions of the Declaration and subject the same to the jurisdiction of the Association, and Lender and Trustee intend to join herein to evidence its consent. NOW THEREFORE, pursuant to the provisions of the Annexation Provision, Declarant, as Declarant, declares that the Declaration shall hereby be supplemented as set forth below. 1. The Property is hereby expanded, and all of the property further described on Exhibit A attached hereto and made a part hereof by this reference is hereby subjected to the provisions of the Declaration and the jurisdiction of the Association, and the provisions hereof shall apply to all of such real property as if the same were originally part of the Property. 2. Lender and Trustee join herein to evidence their consent to the expansion of the Property as set forth herein and the subjecting of the Property to the provisions of the Declaration and jurisdiction of the Association; provided, however neither Trustee nor Lender makes any warranty or representation of any kind or nature concerning the Plat or any of its elements, terms or provisions, or the legal sufficiency thereof and each disavows any such warranty or representation. 3. This Supplementary Declaration shall be effective upon recording in the Clerk's Office. [The remainder of this page intentionally left blank. Signatures follow on the next page.] WITNESS the following duly authorized signatures: BARRACKS HEIGHTS, LLC, Virginia limited liability company By: Vito Cetta, Manager COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by Vito Cetta, Manager of Barracks Heights, LLC, a Virginia limited liability company, on its behalf. Notary Public My commission expires: Notary registration number: UNION BANK & TRUST, Virginia banking corporation By: Name: Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , as of Union Bank & Trust, a Virginia banking corporation, on its behalf. Notary Public My commission expires: Notary registration number: UNION SERVICE CORPORATION, a Virginia corporation By: Name: Its: STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2016,by as of Union Service Corporation, a Virginia corporation, on its behalf. Notary Public My commission expires: Notary registration number: EXHIBIT A All those certain lots or parcels of land, with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, shown as "Out of Bounds Court", "Open Space D", "Open Space E", Lots 39 through 44, inclusive, Block 1, and Lots 48 through 55, inclusive, Block 3, on that certain plat entitled, "SUBDIVISION PLAT LOTS 39-44, BLOCK 1 LOTS 48- 55, BLOCK 3 PHASE II "OUT OF BOUNDS" THE PROPERTY OF BARRACKS HEIGHTS, LLC LOCATED ON STATE ROUTE 654(BARRACKS ROAD)AT THE INTERSECTION OF STATE ROUTE 656 (GEORGETOWN ROAD) JACK JOUETT MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA" prepared by Roger W. Ray & Assoc., Inc., dated March 17, 2016, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, immediately prior hereto, and being a portion of the same property conveyed to Barracks Heights, LLC, a Virginia limited liability company,by deed from Joyce W. Sielewicz, Trustee of the Joyce W. Sielewicz Revocable Trust of 2006, dated April 18, 2006, and Jesse B. Wilson, Trustee of the Jesse B. Wilson, III Revocable Trust, dated April 20, 2004, said deed dated August 2, 2014, and recorded in the aforesaid Clerk's Office in Deed Book 4254, page 660.