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HomeMy WebLinkAboutSUB200400284 Agreements Preliminary Plat 2006-01-26 (Page I cif 29) e Instrument Control Number 001504 Commonwealth of Virginia Land Record Instruments Cover Sheet .Form A II1H.1HIM11M 11' 11I Doc ID: 002821680029 Type: DEE [ Recorded: 01/26/2006 at 03:44:27 PM ILS VLR Cover Sheet Agent 1.0.88] Fee Amt: $158.00 Page 1 of 29 Albemarle County, VA Shelby Marshall Clerk Circuit Court TC Date of Instrument: [1/26/2006 ] FI1ee 2006-00001604 A O Instrument Type: [DEC ] 8K 314 7 °2 31-2 5 9 X R P E Number of Parcels [ 1] X Number of Pages [ 27] E M City❑County(1 [Albemarle County ] (Box for Deed Stamp Only) P First and Second Grantors T _ Last Name First Name Middle Name or Initial _ Suffix [Hardware River Farms ][ ][ 1E ] O 0 [ H ][ ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ❑ [Hardware River Farms ][ ] [ ][ ] ❑❑ [ ][ If ][ ] Grantee Address (Name) [Hardware River Farms Association ] (Address 1) [000 000 (Address 2) [ ] (City,state,Zip) [Charlottesville ] [VA] [22903 ] Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at:City ❑ County® [Albemarle County ] Percent.in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No(PIN) [00-00-000-0000 ] Tax Map Num. (If different than PIN) [00-00-000-0000 ] Short Property Description [Declaration of Covenants Conditions and Restrictions ] Current Property Address(Address 1) [ ] (Address 2) [ ] (City,State,Zlp) (Charlottesville „, ] ][VA l[22902 ] Instrument Prepared by [Edmonds Williams Law Office ] Recording Paid for by [GNB Vintures LLC ] Return Recording to (Name) [Garland Gay ] (Address 1) [3611 Manton Drive ] (Address 2) [ ] (City,State,Zip) [Lynchburg ][VA][24503 ] Customer Case ID [ ] [ ][ ] . . . .1 , ..# - „ . , 1,, :..,,,,4, ,:. , ,L,, ,,,, f,1,4,,/.44,,.. ,i1 , ,k.4.,! ., rc.i4, '4,', 'fri t,'• ,%,' .t,,i.:'.. ip t, t,. . . ,, , ,, . ,i Cover Sheet Page#1 of 1 �� �+�1��j'I �� y + lt „ • . 3 (Page 2 of 29) HARDWARE RIVER FARMS ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this day of November, 2005, by HARDWARE RIVER FARM,INC.,a Virginia corporation,hereinafter referred to as "Declarant": WITNES SETH: WHEREAS,Declarant is the owner of certain real property located in the County of Albemarle, Virginia, and desires to create thereon divided Lots, known as "HARDWARE RIVER FARMS"; WHEREAS,Declarant desires to provide for the protection and enhancement of the value and desirability of Hardware River Farms and for the maintenance of the Hardware River Farms; and to this end,Declarant desires to subject the real property described in Section 2.1 hereof to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, each and all of which is and are for the benefit of said real property and the owners thereof; and, WHEREAS,Declarant has deemed it desirable to create ari agency to which shall be delegated and assigned the powers of owning, maintaining and administering the community common properties; administering and enforcing these covenants, conditions and restrictions; collecting and disbursing the assessments and charges hereinafter created; and promoting the health, safety, common good and general welfare of the residents of Hardware River Farms; and to this end, Declarant has incorporated under the laws of the Commonwealth of Virginia a non-profit, non-stock, member corporation known as "Hardware River Farms Association", for the purpose of exercising such functions. NOW, THEREFORE, Declarant hereby declares that the real property described in Section 2.1 hereof shall be held, transferred, sold,conveyed,leased, donated, devised,inherited and occupied subject to the covenants, restrictions, easements, conditions, reservations, liens and charges hereinafter set forth, and any valid amendments or supplements hereto. These covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions hereinafter set forth 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 thereof. However, all of Hardware River Farms is and shall remain subject to all applicable zoning and subdivision ordinances and laws of Albemarle County, Virginia and in the event such ordinances and laws are more restrictive than the terms of this Declaration,such laws and ordinances shall control. 1 (Page 3 of 29) r • ARTICLE I DEFINITIONS Section 1.1 Definitions. The following words, when used in this Declaration, shall have the following meanings: "Hardware River Farms" shall mean and refer to the real property and improvements now or to be constructed thereon described in Section 2.1 hereof which is hereby subjected to this Declaration, together with such other real property as may hereafter, from time to time,be added thereto under the terms of Section 2.2 hereof. "Declarant" shall mean and refer to Hardware River Farm, Inc., a Virginia corporation, and any successor to or assignee of it as Declarant and all references to Declarant herein shall include its successors and assigns. "Declaration" shall mean and refer to the covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions herein set forth in this entire document,as the same may from time to time be amended or supplemented. "Supplementary Declaration" shall mean and refer to any declaration of covenants, conditions and restrictions which may be executed and recorded by Declarant which may be executed and recorded pursuant to section 12.4 hereof which imposes additional, modified, supplementary or complementary provisions,covenants,conditions and/or restrictions upon the real property then subject to this Declaration. "Lot" shall mean and refer to any lot of land numerically and/or alphabetically designated and shown or described on any recorded plat of any portion of Hardware River Farms, with the exception of Common Properties. Any home constructed in Hardware River Farms shall be built only on a Lot. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, including Declarant, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. In the case where a Lot is held by one or more persons for life with the remainder to another or others,the term "Owner" shall mean and refer only to such life tenant or tenants until such time as the remainderman or remaindermen come into use,possession or enjoyment of such Lot. 2 Rnn4.71A7 D�..e.n . (Page 4 of 29) s • "Association" shall mean and refer to Hardware River Farms Association, a non- profit, non-stock corporation incorporated under the laws of the Commonwealth of Virginia, its successors and assigns. "Member" shall mean and refer to every person or entity who holds membership in the Association. "Board of Directors" shall mean and refer to the Board of Directors of the Association. "Preservation Area" shall mean all areas lying and being within 25 feet of the Hardware River on any Lot. "Private Road" shall mean and refer to the privately owned roads and easements for such roads shown and described on the Plat described in Section 2.1 hereof. The Private Roads shall include for maintenance purposes all storm water control and management areas, drainage easements and biofilters that have been created or constructed within Hardware River Farms including those shown on the Plat or any attachments to the Plat and those that have been created or constructed but are not shown on the Plat. "Community Assessment" shall mean and refer to the charges, fees and liens imposed upon Lots for community purposes as provided in this Declaration. "Assessment" shall mean and refer to the charges, fees and liens imposed upon the Lots as provided in any Declaration. "Architectural Control Board" shall mean and refer to the Board established herein for the purpose of regulating the external design, appearance, and use of the Lots, Common Properties,and improvements thereon. "Home"shall mean the residential dwelling on a Lot. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 2.1 Property. The real property which at this time is, and shall be held, transferred, sold, conveyed, donated, leased, devised, inherited, and occupied subject to the covenants, restrictions, easements, conditions, reservations, liens and charges set forth in this Declaration are all those 3 (Page 5 of 29) certain Nine Lots known as Hardware River Farms, being comprised of Lots designated as Lots I through 9, inclusive, and the Common Area shown on that certain plat entitled "Subdivision Plat Lots 1 Thru 9,Hardware River Farms ..."made by Roger M.Ray&Assoc.,Inc.dated July 6,2005 (the "Plat") which is attached hereto and recorded herewith as a part hereof in the Circuit Court Clerk's Office for the County of Albemarle, Virginia (collectively the Lots and the Common Properties may be referred to herein as the"Community"). ARTICLE III ASSOCIATION NETWORK Section 3.1 Association. The Association is a non-profit, non-stock membership corporation which has been incorporated under the laws of the State of Virginia for the purpose of applying, administering and enforcing the covenants,restrictions,conditions, liens and charges contained in this Declaration;for the purpose of owning,maintaining and administering the Common Properties; and for the purpose of providing the maintenance within Hardware River Farms as set forth in this Declaration. The Association shall have all of the powers granted to it herein and all such powers as are granted to such Associations and nonstock corporations by law, including but not limited to those granted by the Virginia Property Owners Association Act. ARTICLE IV COMMON PROPERTIES Section 4.1 Composition. The Common Properties consist of the Private Road. Section 4.2 Establishment of Private Road. Declarant does hereby establish and impose for the benefit of all Lots,private access easements along and across the Private Road for the purpose of ingress and egress to and from all Lots and the public highway system of the Commonwealth of Virginia, expressly reserving the identical rights of ingress and egress for the benefit of the Declarant and its assigns. The Private Road shall include for maintenance purposes all storm water control and management areas, drainage easements and biofilters that have been created or constructed within Hardware River Farms. There is hereby established over the Lots along the drainage easements and biofilters an easement for the benefit of the Association for ingress and egress to maintain as necessary all storm water control and management areas,drainage easements and biofilters. 4 I (Page 6 of 29) 6 (Page 7 of 29) ARTICLE V EASEMENTS Section 5.1 Drainage and Utility Easements. Declarant reserves unto itself, its successors and assigns, a perpetual and alienable easement and right of way above ground and underground through all areas subject to this Declaration and any Supplementary Declaration,including areas within the boundaries of Lots,and excepting only land beneath approved buildings, to construct, maintain, inspect, replace and repair electric and telephone lines, wires, cables, conduits, and other suitable equipment and facilities for the conveyance of telephone, electricity, television cable, exterior lighting and other utilities and public conveniences and for storm and surface water drainage,including pipes,ditches,culverts and other suitable facilities for the disposition of storm and surface water drainage together with the right of ingress and egress to all such facilities and easements for the construction and maintenance thereof. The easements provided for in this section shall include the right to cut any trees, brush and shrubbery, make any grading of soil, and take other similar action reasonably necessary. The rights herein reserved may be exercised by any licensee of Declarant, but shall not be deemed to impose any obligation upon Declarant to provide or maintain or be responsible for the lapse or temporary interruption of services except as herein and otherwise provided. Any damage to property resulting from the use of the easements hereby reserved shall be promptly repaired at the expense of the party causing such damage. Declarant and the Association shall have the power to grant easements for public utilities so long as such easement does not include any building within it. ARTICLE VI MAINTENANCE OF HARDWARE RIVER FARMS Section 6.1 Maintenance of Roads and Utilities. Private Road. The Private Road requires private maintenance by the Association which maintenance shall include, but not be limited to, pot hole repair, repaving, marking, and snow and ice removal. The cost of construction, repair, maintenance, upkeep, improvement or replacement of Private Road will not be borne by the County of Albemarle, or the Commonwealth of Virginia, or any public agency. The initial construction of Private Road shall be borne and completed by Declarant. Thereafter, all of the repair, maintenance, upkeep, improvement, enhancement and replacement of Private Road shall be borne and completed by the Association and be the responsibility of the Association. 6 (Page 8 of 29) • Section 6.2 Maintenance of Maintenance Area Easement. The initial grading, mulching, seeding and landscaping of Maintenance Area Easement, as deemed appropriate by Declarant, shall be performed by Declarant. Thereafter, the Association shall be responsible for the mulching, maintenance of grass, and the maintenance of, and in its discretion,the replacement of, all shrubbery and other plantings, which are either natural, or were planted by Declarant, within the Maintenance Area Easement and the costs of such maintenance shall be an expense of the Association. Section 6.3 Easement for Maintenance. For the purpose of performing the maintenance on the Lots required or permitted by this Declaration, the Association, through its duly authorized agents and/or employees, shall have a non-exclusive easement to enter upon,or in,any Lot. ARTICLE VII ASSOCIATION Section 7.1 Membership. Every Owner of a Lot shall be a Member of the Association. In addition,Declarant shall be a Class B Member of the Association as set forth in this Declaration and in the Articles of Incorporation and By-Laws of the Association so long as Declarant owns any Lot. Membership in the Association shall be appurtenant to, and may not be separated or alienated from ownership of Lots. The Association may have other classes of Members as described in Supplementary Declarations recorded hereafter. The Association shall not discriminate on the basis of race, creed or sex in its membership, Section 7.2 Voting Rights. The total number of Lots planned to be created in Hardware River Farms is nine(9). With reference to this total potential number of Lots within Hardware River Farms, initially Association shall have two (2) classes of voting membership. At meetings of the Association, a quorum shall be the presence,in person or by proxy,of 50%of the votes entitled to be cast. CIass A. Class A Members shall be all Owners of Lots with the exception of the Class B Member. Class A Members shall be entitled to one(1)vote for each Lot owned by said Class A Member. In the event that more than one person or entity holds such interest in any Lot, all such persons or entities shall be Members. The vote for such Lot shall be exercised as they among themselves determine,but in no event shall more than one(1) vote be cast with respect to any Lot. 7 (Page 9 'of 29) • Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to four (4) votes for each of the nine (9) potential and/or actual Lots which Declarant has not transferred to a Class A Member. Declarant's Class B membership shall terminate on the date on which Declarant has transferred to Class A Members a total of seven (7) the Lots in Hardware River Farms.Declarant may terminate its Class B Membership at any time by filing with the Association and in the Clerk's Office of the Circuit Court of the County of Albemarle, a written certificate terminating Declarant's interest as a Class B Member. At such time as Declarant's Class B membership terminates, Declarant shall become a Class A Member to the extent,and for the period during which Declarant owns any Lot in Hardware River Farms. Section 7.3 Board of Directors. The Board of Directors of the Association shall be elected by the Members as set forth in the By-Laws of the Association. Section 7.4 Powers and Duties of Board of Directors. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by the Declaration or by the Articles of Incorporation and/or By-Laws of the Association required to be exercised or done by the Members of the Association. Section 7.5 Powers and Duties of the Association. The powers and duties of the Association shall be those set forth in this Declaration and the Articles of Incorporation and By-Laws of the Association, as the same may be amended from time to time. ARTICLE VIII ASSESSMENT Section 8.1 Type of Assessments Within Hardware River Farms, two types of assessments are permitted as follows: Annual Community Assessments and Special Community Assessments made by the Association upon Lots for community purposes, for the purpose of providing the maintenance, repairs, replacements, and any other lawful purpose required of the Association by this Declaration or permitted by the Virginia Property Owners Association Act. 8 (Page 10 of 29) t' Section 8.2 Community Assessments: A. Creation of Community Assessment Lien: Declarant for each Lot owned hereby covenants, and each Owner of any Lot by acceptance of a deed or other instrument of conveyance therefor, including any purchaser at a judicial or trustee sale, whether or not it shall be so expressed in any such deed or other conveyance,shall be deemed to covenant and agree to pay to the Association: (1) all annual Community Assessments, fees and charges, and (2) all special Community Assessments for capital improvements, major repair, and/or extraordinary maintenance, and/or other extraordinary items, such special Community Assessments to be fixed, established and collected from time to time as hereinafter provided. The annual Community Assessments and special Community Assessments, together with interest as hereinafter provided, costs of collection, and reasonable attorney's fee, shall be a charge upon the land and shall be a continuing lienupon the Lot against which each such Community Assessment is made as hereinafter provided. No Owner may waive or otherwise avoid liability for such annual Community Assessments and/or special Community Assessments by the non-use of the Common Properties or by abandonment of his Lot or rights in the Common Properties. B. Purpose of Community Assessments. The Community Assessments levied by the Association shall be used to promote the enjoyment,health, safety and welfare of the owners in Hardware River Farms and in particular for the repair, maintenance, upkeep, improvement, enhancement and replacement of the Private Road and the Maintenance Area Easement, surface and storm water drainage facilities, identification signs, and exterior lighting systems (if any), in Hardware River Farms and for such other maintenance, repairs, and replacements required of the Association as provided in this Declaration, and, if deemed necessary and/or appropriate by the Board of Directors of the Association, the advancement of the cost of any payment repair and/or replacement of any item which is the responsibility of any Owner until such time as the additional assessment attributable thereto can be levied and collected from the Owner(s)responsible therefor. C. Basis and Maximum of Annual Community Assessments: The annual Community Assessments shall be made on the basis of a calendar year beginning January 1st and ending December 31st. Until December 31, 2006, the maximum annual Community Assessment on each Lot which has been conveyed in fee simple by Declarant to an Owner shall be One Thousand Two Hundred Dollars ($1200.00) per year(prorated at$100.00 per month). Each year thereafter, the maximum annual Community Assessment may be increased by up to Twenty Five percent (25%) per year of the prior year's annual Community Assessment for such Lots effective January 1st of each year by the Board of Directors of the Association, without a vote of the Members, which Board of Directors may fix such annual increase after due consideration of current and anticipated maintenance costs, appropriate depletion allowances,reserve funds, and other needs of the Association. An increase requested by the Board of Directors in the usual annual Community Assessment above the annual Twenty Five percent (25%) increase over the prior fiscal 9 (Page 11 of 29) • • year's assessment for such Lots must be approved by a majority of the quorum at a meeting of the Members of the Association duly called for this purpose. D. Special Community Assessment. In addition to the annual Community Assessment authorized above, the Association may levy in any assessment year, a special Community Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the costs of any major and/or extraordinary, replacement, maintenance or repair of the Common Properties, which include the Private'Roads and Common Areas in Hardware River Farms and for such other maintenance, repairs, and replacements required of the Association as provided in this Declaration,and,if deemed necessary and/or appropriate by the Board of Directors of the Association, the advancement of the cost of any payment, repair and/or replacement of any item which is the responsibility of any Owner until such time as the additional assessment attributable thereto can be levied and collected from the Owners responsible therefor; provided that any such special Community Assessment shall have the consent of 60% of the quorum at a meeting of the Association duly called for this purpose. E. Reserves. The Association shall set aside a minimum of 10% of its collected Annual Community Assessments as a replacement fund for capital items which funds may be disbursed by the Board of Directors of the Association in its discretion for such purpose. Section 8.3 Date of Commencement of Annual Community Assessments Declarant shall not be obligated to pay Community Assessments for Lots owned by it. However, Declarant shall pay such amounts as Declarant shall deem reasonably necessary in its sole discretion to supplement the Community Assessments until such time as Declarant no longer owns any Lots. The annual Community Assessment provided for herein shall commence any Lot, other than a Lot owned by Declarant, upon the issuance of a Certificate of Occupancy for a Home on such Lot or the date that is one year from the conveyance in fee simple of such Lot by the Declarant, whichever first occurs. The Board of Directors shall set the amount of the annual Community Assessment against each Lot, at least thirty (30) days in advance of each annual assessment period. Written notice of the such annual assessments shall be sent to every Owner subject thereto. In the event that the amount set by the Board of Directors for a given annual assessment period is less than the maximum amount that the Board of Directors could have set, then the Board of Directors shall have the right to subsequently increase such annual assessment up to and including such maximum amount,and to make a supplemental levy upon the Owners subject thereto, if the Board of Directors determine that the amount of such annual assessment as initially set was inadequate. Unless otherwise established by the Board of Directors, such annual assessments shall be due in advance in twelve (12) equal monthly installments on the first day of each month,and such assessments shall be prorated where sale is made or a commercial structure is completed between the due dates. The Association shall, within fourteen (14) business days of request,furnish a certificate in writing signed by an officer of the Association setting forth whether 10 (Page 12 of 29) the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board of Directors for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8.4 Personal Obligation of Community Assessments. Community Assessments, together with interest as hereinafter provided, costs of collection,and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such Lot at the time when such Community Assessments first became due and payable. In the case of co-ownership of a Lot, all such co-owners shall be jointly and severally liable for the entire amount of such assessments. All Owners of Lots by acceptance of an instrument of conveyance, waive all rights to any homestead exemption with respect to their personal obligation for the payment of such assessments. The personal obligation for all unpaid delinquent Community Assessments shall not pass to an Owner's or Declarant's successor in title, unless expressly assumed by such successor in writing. Section 8.5 Interest On and Costs of Collection of Assessments;Right to Accelerate. The lien for Community Assessment shall also secure all interest and costs of collection, including a reasonable attorney's fee, whether suit be brought or not, which may be incurred by the Association in enforcing said lien. Any Community Assessment which is not paid when due shall bear interest from the date when due until paid at the rate of twelve percent (12%) per annual. In the event that any Owner is more than forty-five(45)days delinquent in the payment of any Community Assessment, the Association shall have the right and power to accelerate the. balance of the year's Community Assessments and to consolidate said balance with any delinquent amount. Section 8.6 Lien for the Payment of Assessments and Subordination of Lien to First and Second Lien Deeds of Trust. There shall be a continuing lien upon each of the individual Lot subject thereto in order to secure payment of any of the Community Assessments provided in this Declaration, but such lien shall be at all times subject and subordinate to any first or second mortgages or deeds of trust placed on the Lot at any time. However, at such time as the Association places to record, in the Clerk's Office for the County of Albemarle, Virginia, a notice of delinquency as to any particular Lot on a form prescribed by the Board of Directors,then, from the time of recordation of said notice the lien of such delinquent Community Assessments in the amount stated in such notice shall be a lien prior to any subsequently recorded first or second mortgages or deeds of trust in the same manner as the lien of a docketed judgment in the State of Virginia. The lien of Community Assessments provided for herein, whether or not notice has been placed on record as above 11 (Page 13 csf 29) • provided, may be foreclosed by a bill in equity in the same manner as provided for in the foreclosure of mortgages, vendor's liens, and liens of a similar nature. A statement from the Association showing the balance due on any Community Assessment shall be prima facie proof of the current Community Assessment balance and delinquency,if any,due on a particular Lot. ARTICLE IX ARCHITECTURAL CONTROL Section 9.1 Purpose. An Architectural Control Board shall regulate the external design, appearance, use, location, and maintenance of improvements as well as clearing and landscaping on any Lot or the Common Properties, other than improvements constructed or landscaping clone by Declarant, its contractors and subcontractors, in such a manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to preserve the general character and architectural compatibility of Hardware River Farms as constructed by Declarant. Section 9.2 Condition. Except as permitted herein, there shall be no clear cutting on any Lot. A Home site of one acre or less on may be clear cut on a Lot. At least 50%of the area of a Lot that is forested and wooded on the date such Lot was first conveyed in fee simple by Declarant to an Owner shall be maintained in such forested or wooded state; maintenance of such forested areas shall be permitted including the removal of dead and scrub trees as well as other best practice maintenance activities. No buildings,fences, walls,residences or other structures or improvements to a structure erected or constructed on any portion of Hardware River Farms shall be commenced, other than by Declarant, without the prior written approval of the Architectural Control Board. Declarant shall not be required to obtain the consent or the approval of the Architectural Control Board or of the Association for any improvements, construction, grading or landscaping performed by Declarant, its contractors and subcontractors in Hardware River Farms. Section 9.3 Procedures. Any Owner who desires to construct any improvement on or make alteration to the exterior appearance of its Lot,or the improvements thereon, and the Association itself, if it desires to construct any improvements on or make any alternation to any Lot or the Common Properties, shall submit the plans and specifications therefor showing the nature, kind, shape, height, color, materials and location of the same to the Architectural Control Board. In discharging its functions and duties, the Architectural Control Board shall endeavor to maintain and preserve the general character and architectural compatibility of Hardware River Farms as developed by Declarant. In 12 Book:3147.PaaP•711 (Page 14' of 29) the event the Architectural Control Board fails to approve, modify or disapprove in writing a request for approval required herein within sixty (60) days after plans, specifications, or other appropriate materials have been submitted in writing to it, in accordance with its adopted procedures, the approval will be deemed disapproved. The Architectural Control Board may adopt procedures or standards as to the information it requires to be submitted to it with any request for approval. Section 9.4 Presumption. In the event that the appropriate equitable action together with the filing of a lis pendens has not been commenced within one hundred eighty(180)days after the completion of any improvements or alterations,it shall be conclusively presumed that such construction,alterations,or improvements are approved by the Architectural Control Board. Section 9.5 Composition of Architectural Control Board. For so long as the Declarant owns any Lot in any Phase of Hardware River Farms, the Architectural Control Board shall consist of not less than one (1) nor more than three (3) persons appointed by Declarant. Such person or persons may, but need not, be Members of the Association. At such time as the Declarant has conveyed seven (7) of the Lots in Hardware River Farms to third parties thereby terminating its Class B Membership in the Association, the control of the Architectural Control Board shall be transferred to the Association and the Board of Directors of the Association shall thereafter constitute the Architectural Control Board. ARTICLE X GENERAL USE RESTRICTIONS Section 10.1 Use. All numbered Lots shall be used for residential and agricultural purposes that are permitted under this Declaration. Any number of Lots may be put together to form one Lot. There shall be no hunting on any Lot. Section 10.2 Construction. No residential structure having less than 2000 square feet of finished or heated space for a one-story dwelling shall be constructed on any Lot.No multi-level dwelling having less than 2500 square feet in the aggregate on two main levels of finished or heated space shall be constructed on any Lot. The required square footage shall be exclusive of basements, walks, drive,porches and carports or garages. The square footage requirements of this section may be 13 (Page 15 of 29) modified for an individual dwelling by the Architectural Control Board for good cause. No property owner or contractor shall cease construction prior to completion of any dwelling or allow the construction time to be excessively greater than the average or usual construction time for similar dwellings built by reputable contractors in the local area. The construction period in no event shall exceed 18 months from groundbreaking.No dwelling or part of any dwelling may be occupied for living purposes,temporary or permanent,until construction is completed and a certificate of occupancy is issued by Albemarle County officials. Section 10.3 Number of Dwellings. Only one primary single family dwelling per Lot shall be permitted. However, subject to applicable zoning and subdivision laws,rules and regulations of Albemarle County, a guest house or cottage may be constructed as a secondary dependency on a Lot. Section 10.4 Permanent Construction. All detached buildings shall be of permanent type construction. Section 10.5 Exterior. The exterior walls of any residence or dwelling constructed on any Lot shall be faced with brick,stone,dryvit, stucco,hardiplank, or wood. The foundation of any such residence or dwelling shall be brick, stone,dryvit or stucco. Section 10.6 Nuisance,Signs and Storage. No noxious or offensive activity shall be carried on within Hardware River Farms,nor shall anything be done which shall constitute a nuisance to the other property owners. No signs (except For Sale signs six feet square or less)or billboards shall be erected on any Lot unless approved in advance by the Architectural Control Board. No building materials (except during the time of construction), unlicensed or inoperable vehicles or inventories may be stored outside at any time. Storage of firewood and trash containers shall be restricted to the rear yard and well screened as not to cause an eyesore to adjoining Lot Owners. Propane tanks shall be aesthetically well-screened and located on the side or rear of the dwelling. Section 10.7 Driving Surfaces. The first 100 feet of the driveway on all Lots must be surfaced with pavers, surface-treatment gravel,asphalt or concrete and after that distance with packed and maintained gravel,surface-treatment gravel,asphalt,concrete or other similar surface. Section 10.8 Vehicle and Trailer Storage. 14 • (Page 16 •of 29) File <http://ch_cott/resolution/docs/-.DDO/16.tif> could not be opened. Error: (Empty file) : http://ch_cott/resolution/docs/-DDO/16.tif (http://ch_cott/resolution/docs/-'DDO/16.tif) Server response: 200(HTTP_OK) OK Please make sure this file can be accessed by typing it into your browsers address bar then pressing enter. Cancel the prompt and report this problem to Daeja at support@daeja.com. If the file does not exist then the browser will provide you with an error message that may help further. Book:3147,Page:231 (Page 17 of 29) No Lot or part of any Lot shall be used for a roadway or access to any other Lot of land lying outside this Community All setbacks shall be the more restrictive of those imposed on the Plat or by the County of Albemarle in its zoning and subdivision ordinance and by any special use permits granted by said County affecting Hardware River Farms. Section 10.14 Declarant Modifications. Notwithstanding any other provisions herein to the contrary, the Declarant its successors or assigns,reserves for itself,its successors and assigns,the right to and the right to change and modify the Plat by changing the size and shape of any Lot shown thereon including any further subdivision of a Lot,building setback, yard,or dwelling area requirement except no front setback may be reduced to less than such setback as is permitted by Albemarle County. Section 10.15 Fences. Any fence constructed shall be of wood or vinyl type horse fence construction and shall be subject to prior approval of the Architectural Control Board. No bare wire fencing shall. be permitted unless approved by the Architectural Control Board. Section 10.16 Applicability. These restrictions shall only apply to the numbered Lots in Hardware River Farms, These restrictions shall not apply by implication or otherwise to any property owned by Declarant other than the property shown on the Plat. Section 10.17 Construction. Each Owner is responsible for all construction debris during the construction period. Debris should be placed in a temporary dumpster or removed from site and the building site kept in a reasonably neat manner as not to cause an eyesore for the neighbors and the overall appearance of Hardware River Farms. At the time of construction,the builder and the Lot Owner will be liable and responsible,jointly and severally,for carrying out the appropriate approved erosion and sediment control measures(i.e. gravel construction entrances,driveway pipes, seeding,silt fence barriers, etc)and insuring that they are properly installed and functioning as planned and for repairing any damage caused by such construction to the Private Roads. 16 (Page 18` of 29) • • ARTICLE XI DECLARANf'S RIGHTS Section 11.1 Declarant's Rights. Declarant hereby reserves to itself, and each Owner of any Lot, by acceptance of a deed or other instrument of conveyance therefor, hereby agrees that Declarant shall have the following rights,so long as Declarant owns any Lot in Hardware River Farms,to-wit: A. The right to re-locate Lot lines within Hardware River Farms in accordance with the laws of the State of Virginia; B. The right to approve or disapprove any amendment to this Declaration and any amendments to any corporate documents related to the Association; and C. The right to conduct the development, construction, marketing and sale of all property in Hardware River Farms owned by Declarant, including the erection of signs and the use of Common Properties for promotional purposes. D. The right to assign all of its rights under this Declaration to a successor Declarant. E. The right of ingress and egress for a period of five(5) years from the date of recordation of this Declaration across the rear portions of Lots 1, 2, 3 and 4 for the purpose of maintaining Lots. Section 11.2 Release of Rights y Declarant. Declarant may, by an instrument recorded in the Clerk's Office of the Circuit Court for the County of Albemarle, Virginia, release, at any time and without the approval or consent of any other party,any of the rights reserved unto it under this Declaration. ARTICLE XII GENERAL PROVISIONS Section 12.1 Managing Agent. The Association may employ and pay a managing agent, who may be an affiliate of Declarant, to manage the affairs of the Association and provide maintenance. Such managing agent shall be employed and compensated for its services and costs pursuant to a written contract. 17 Book:31d7 va,o•�a, (Page 14 of 29) • Section 12.2 Enforcement and Attorney's Fees. Enforcement of the provisions of this Declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages. Such action may be brought by Declarant, or its successors or assigns as Declarant, the Association, or the Owner of any Lot. Subject to the condition in the next sentence of this paragraph, any Owner of the Lots restricted hereby shall have the right and standing to bring suit to enforce the provisions hereof. However, so long as Declarant owns any Lot restricted hereby, prior to any other Owner bringing such action, such Owner shall make written demand for enforcement upon Declarant and shall only proceed with such action if Declarant fails to do so within 60 days after such owner has made demand. So long as Declarant owns any Lot restricted hereby, Declarant shall have the right and standing to bring suit to enforce the provisions hereof. In the event the Association, an Owner, or the Declarant is forced to bring an action to enforce any provision of this Declaration and prevails, the Owner against whom the action is brought shall be liable for the costs and attorney's fees for such action. Section 12.3 Severability. Invalidation of any one or more of the provisions of this Declaration by judgment, court order or otherwise,shall in no way affect any other provision which shall remain in full force and effect. Section 12.4 Amendments. Until such time as Declarant owns less than fifty percent (50%) of all Lots then subject to this Declaration, Declarant may amend this Declaration to modify the provisions hereof so long as such modification does not materially impair the rights of the Owner of any Lot who had acquired such Lot prior to a modification. At anytime, this Declaration may be amended in whole or in part by recorded instrument bearing the signature of the Owners of record, including joint tenants and tenants in common, of fifty percent (50%) of all Lots then subject to this Declaration; provided, however, that any such amendment shall be subject to the approval or disapproval by Declarant as set forth in Section 11.1 hereof. Section 12.5 Gender. Singular/Plural. As used in this Declaration, the masculine gender shall include the feminine and neuter, and vice versa, and the singular shall include the plural, and vice versa, whenever appropriate. 18 (Page 20 'of 29) Section 12.6 Duration. The covenants and restrictions of this Declaration shall run with and bind the land for a term of sixty (60) years from date and thereafter shall automatically renew for successive periods of ten(10)years each unless modified,amended or rescinded as provided in Section 12.4. Section 12.7 Agreement of Owners. Acceptance of a deed for a Lot by an Owner shall constitute such Owner's agreement to be bound by the terms of this Declaration. IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed on its behalf by its Manager. HARDWAV ARE RIVER FARMS,INC. By: • Its President COMMONWEALTH OF VIRGINIA ) (To-Wit: CITY/COUNTY OF ) I, Act/c� >71. , No Public for the Commonwealth of Virginia at Large do hereby certify that W, President of and on behalf of Har ware River Farms, Inc., whose name is signed to the foregoing instrument, bearing date the 46,0<' day of ,2085 as acknowledged the same before me. Given under my hand this day of ,I�z2ti,2 C0 G My commission expires: /0/3 //2 00 G ) -- Notary Public (Notarial Seal) 19 Ronk-11,11 Dano-9R1 (Page 21 of 29) "-De.c. , 1/4-. 1= )/(_ 31 fl p5 . ' 5I N THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT A.R.O. HIS/HER11 THE USIGNATUREOF EONITTHISOR PLAT PLANNING. DEEY MEDCTHAT Q�QjBjUR OAt, i o THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE ' �' COUNTY RENIOT ORDINANCE IN EFFECT SHIS DATE. THESE J ' i NOTES ARE NOT RESTRICTIVENCOVENANTS ATONING WITH IN THE !(// LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE U DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. ROO1Rt W.RAY A. PROPERTY ZONED RA. 1331 B. LOT 1 IS ASSIGNED TWO DEVELOPMENT RIGHTS AND MAY BO FURTHER DIVIDED. ,� C. LOT 2 IS ASSIGNED TWO DEVELOPMENT RIGHTS AND MAY `�•7-l`6-zoDoir`' BE FURTHER DIVIDED.- D. LOTS 3 THRU 9 ARE ASSIGNED ONE DEVELOPMENT RIGHT EACH AND MAY NOT BE FURTHER DIVIDED. E. ALL LOTS SHALL HAVE ACCESS ONLY ON INTERNAL ROAD. F. SETBACK REQUIREMENTS- FRONTAGE ON INTERNAL MAO- 25'. ALONG EXISTING STATE HIGHWAYS. 75', SIDES- 25' & THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE REAR. 35', CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDER- G. ACCORDING TO THE ALBEMARLE COUNTY YEAR 2000 DIGITAL SIGNED OWNER, PROPRIETORS, AND TRUSTEES. ANY REFERENCE -- ORTHOPHOTGRAPHY LOTS 1 THRU 9 EACH CONTAIN A BUILDING TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT COUNTY ZONING ORDINANCE. ARE TRUE AND CORRECT TO BEST OF MY KNOWLEDGE. H. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY. I. THE STREETS IN THIS SUBDIVISION MAY NOT MEET THE STANDARDS FOR ACCEPTANCE INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY HARDWARE RIVER FARM, INC. OF ALBEMARLE. J. THIS PRIVATE ROAD WILL PROVIDE REASONABLE ACCESS BY MOTOR VEHICLE AS REQUIRED BY SECTION 14-514 OF THE �f� ALBEMARLE COUNTY CODE. CITY/j Q 3NTP_,QF o.� nifi !c K. ALL LOTS SHALL BE SERVED BY PRIVATE SEWAGE DISPOSAL STATE OF V/} AND PRIVATE WELLS. THIS PROPERTY IS NOT WITHIN THE THEFOREGOING IN TRUMEN WAS ACKNOWLEDGED BEFORE ME THIS JURISDICTIONAL AREA FOR PUBLIC WATER & SEWER. 0 DAY OF6a 20 00 BY Won nlek.iLinse A,ti. 10.14,- . NOTARY PLIC MY COMMISSION EXPIRES : '•3b•0 , i APPROVED FOR RECORDATION : LA4W184. .7)kWaif Ixp I-20-04 s. a -OF-PLANNING DATE • SUBDIVISION PLAT LOTS 1 THRU 9 HARDWARE RIVER FARMS LOCATED ON STATE ROUTE 631 SAMUEL MILLER DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE : 1"-- 100 ' DATE: JULY 6, 2005 FOR • GARLAND M. GAY, JR. 6 W. EARLE BETTS, III I ROGER W. RAY & ASSOC., INC. 1717-IB ALLIED STREET CHARLOTTESVILLE, VA 22903 TELEPHONE 434-293-3195 SHEET 1 OF 4 10561C &Ink 11.47 0e,e-oa1 (Page P2 of 29) • eek k I471 p5 . � sa NOTES: 1. OWNER: HARDWARE RIVER FARM, INC. C/O MONTAGUE BETTS 1619 WYTHE ROAD LYNCHBURG, VA 24501 2. LEGAL REFERENCES: O.B. 2992-256 & 0.6. 1975-191 THRU 194 PLAT. 3. INTERNAL ROAD SHALL BE BUILT TO PRIVATE ROAD STANDARDS. 4. A 20' PERMANENT DRAINAGE EASEMENTS CENTERED OVER ALL STREAMS AND NATURAL•DRAINAGE COURSES IS HEREBY DEDICATED FOR PURPOSES OF DRAINAGE AND MAINTENANCE THEREOF. 5. PROPERTY LOCATED IN THE HARDWARE RIVER WATERSHED. 6. T.M. 101-78 & 23 ARE SUJBECT TO EASEMENT TO VIRGINIA TELEPHONE & TELEGRAPH COMPANY (0.8. 503-379 & 0.B. 355-368). 7. TOTAL ACREAGE- 106.60 ACRES. 8. THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. 9 1///- ' ' '' YEARTFLOODS PLAIN)TACCORDIA NGCTO THENFEMAEFLOD(100 INSURANCE RATE MAPS. EFFECTIVE DATE FEBRUARY 4, 2005 (COMMUNITY PANEL 510006 0405 0) . 10. I.S. DENOTES IRON SET. • VICINITY MAP 706 631 708 .4111101410 ppNF40 20 • 14, 04.1 63i 708 N CI* -J z SCALE : !" - 4000' a x (Page 23 of 29) ' 1 .e_ n 1c.. a!Lf Ps. a 53 z LINE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 1.4 C1 6'36'40" 1358.60 156.77 78.47 156.68 N42'46'21"E C2 5'00'54' 494.00 43.24 21.63 43.23 N36'57'33"E P C3 12'59'06" 494.00 111.95 56.22 111.72 N27'57'33"E C4 24'00'00" 300.00 125.66 63.77 124.75 N33'28'00"E C5 60'41'45' 150.00 158.90 87.82 151.57 525'09'08"E C6 56'04'20" 150.00 146.80 79.88 141.01 522'50'25"E C7 130'00'00" 150.00 340.34 321.68 271.89 1414'07'25"E C8 30'59'30" 150.00 81.14 41.59 80.15 535'22'50"E C9 72'23'05" 150.00 189.50 109.75 177.15 516'18'28"W LINE BEARING DISTANCE 39'56'E 16 N30'30'38"W 97.17 0.00' 17 N22'06'28"W 67.28 L8 N47'20'S1"W 43.64 -- 672'08'59"E T.M. 101-24 L9 N42'39'09"E 26.26 \ 55.00' C. RAY O CBAR 6INE W.1-258 WRIGHT L10 N36'33'09"W 11.41 D.B. 237-428 PLAT Lii S65'O6'14'W 44.95 \_ "`1* 57217.659"E 112 132'00'33"W 27,21-I L13 515'50'17"E 47.83 a L14 522'01'26"E 71.14 --I.S. 4? ��.• 149'45'01"E 115 530'30'38"E 26.90 58.56' L16 547'20'51"E 83.85 `'' L17 542'39'09"W 91.78 108'52'23"E 65.63' S35'49'20'E 167.47' •• Al5 \� \ 543'40'32"E 170.90' \ S65'20'23"E N71'10'48"E \ 134.80' 154.05' 663'43'54"E % \ 21.38' 1,0 �*-• A/ ��' : 502'24'03"W ''•' ■ • 42.76' . Sj 626'46'51"E �' 100.80' s B/ APPROXIMATE AREA LOCATED IN 6467.01' ZONE A (100 YEAR FLOOD PLAIN) 67.01' ACCORDING TO THE FEMA FLOOD • l9 INSURANCE RATE MAPS. EFFECTIVE \ DATE FEBRUARY 4. 2005 (COMMUNITY \ WELL, PANEL 510006 0405 0) 604'24'20"E I • 98.11' ."..... : \ 145'41'16"W \\ . 44.41' 689'04'48"W 28.05' LOT 3 602'30.9 0 4e 041"E 1-E • 21. 18 ACRES 517'14'49"E `o' 94.12' ("0 51 \ I.S. i c::?; e; p9 � \ \ .)... . 76 34"N 827.39, ) t �yl.p'� 6 liA. e I � : 2p� //,. g9' Z%, 0.Z. '''. 0 0. E • I.S. HARDWARE RIVER FARMS x SCALE: i"=100' DATE: JULY 6. 2005 4 DEP g Alt I-10-ob SHEET 2 OF 4 10561C Book:3147,Page:231 (Page.24 of 29) '2.e8 --k)co L. 14`1 p5 . D 51( A.R.O. r, 0) Y. °; S57'05'51"E 5 BRIDGE-3 31.97' li ci / �0� S66'06'42"E N45'28'00'E // o! 137.77' 213.53' 0\ J..f -�. S �� '/# ,r 566'24'3 4"W • h / .•• i 120.41 o ,fl �9THya IRON ssv (A / 15,a/ 0/ o ���� o • JO FIRON OUND—/is• ��PA / "---- ~ I.S. yo' • N21•28'00"E / 011 �` 69.85' g� IRON / iw'y �m �_ FOUND ,y , CENTERLINE .v L. OF ROAD Aht. 8.73' LOT / IIIIII ti ‹ 4.90 ACRES IRON / FOUND 4) , \9 ;:•••••` \1 of 26.63. o X\ N55.30'00"W 1�0~ 50.00' / a. /\•No.`�., 1�\,✓ n \ p 61 /'<� �y, !e,'':\r,\ tP \ app 1 ..%s I I tO0 FOIUND �0,9a, ,�ho46'4 \'• I 1 4, 4op / IRON '4 Jti't0a�' �✓s ' 1 s5v FOUND vor•,' '...', I LOT 2 �o°j0 / ..... I 4.63 ACRES NB7.23'39`W IRON \.' \ \ 110.86' FOUND 1 Ca,\ I S Zti T.M. 101-781 \it \ �� SHELLY GORYMCOAA. NIEL 057, \\ yo� `5. �qr D.H. 998-1, 3 PLAT `IS, "\ \\\eG't! GRAVEL FRAME rt \�So S `\\\ ^0 + ' PARKING BUILDING yS ♦��S• ` <1,y� roti oiL I.S. X I 583'23'00"E \\./9g \�\ T.M. 101-7B 4.'A,' X�', 506.42' IRON '.Sy. - \ FRAME ~` --� � FOUND.,._ f; I.S• GRAVELPARKINBUILDING FEp�E __ . \ ,,65.00.' I.S. ENCROACHES ENCROACHES '�v0o ....,: T.M.• 101-23 \ N70'05'55"E 1 115.00' ) 1 I I 4.62 ACRES 1 ) } LOT 8 / t HARDWARE RIVER ROAD SEE SHEET 4 , / (50' PRIVATE ACCESS EASEMENT) .----"7 / / ------ ,m6 INE _�� s //A011: — - -- o/ 25 i0-~ - 1�� .- 1 ~- 20' - I.S. /- - N 405 - / 579'07 X25" ✓� 1 - N37'30'00"W S �— - \ 185.00' o0 1 \ LOT 7 \tel— I I.S. SEE SHEET I LOT 5 SH SEE SHEET 3 LOT 6 SEE SHEET 4 LOT 4 N' (!.:,'10.'A:::,..%': '..: SEE SHEET 3 ?..v'.,' :l Y(: DENOTES NEW PERMANENT DRAINAGE EASEMENT DENOTES NEW SIGHT EASEMENTS DENOTES APPROXIMATE AREA LOCATED IN ZONE A (100 YEAR FLOOD PLAIN) ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAPS. EFFECTIVE x DATE FEBRUARY 4, 2005 (COMMUNITY PANEL 510006 0405 0) r _.- - a Z Rook,11A7 on,..-oz, (Page 2S of 29) H zJ .61U 'I'll: 2 T ai O • / T.M. 101-24 -"VP.- C. RAY 6 CAROLINE W. WRIGHT \, 1\ D.B. 361-258. 0.8237-428 PLAT z ~ I.S. 617'14'49"E 52.19' -- a g0 .\ • 523'50'34"E 6073.92' Ac)''' 60_, ..........•- E 8e7.39. 1.0 / 522'32'33"W , 113.23' 11111/1111111/11.12. -••• 649'22'23": / r I.S. 100.47' ' 611.25'4'4"W 47.50 • • 544'42'03"E 69.02' 550'57'01"W ''/" 65.36' 521'57'47", 36.20' S69'11'42"W 80.80' S28'14'29"E 31.47' APPROXIMATE AREA LOCATED IN - NORTH FORK ZONE A (100 YEAR FLOOD PLAIN) S62'01'10`E / HARDWARE RIVER ACCORDING TO THE FEMA FLOOD 20.26.-- J INSURANCE RATE MAPS, EFFECTIVE +) DATE FEBRUARY 4, 2005 (COMMUNITY" PANEL 510006 0405 D) • 509'52'52"W 177.04' . N80'56'55"W 382'58'35"W 68.62' 114.47' S47'33'26 .... AM _gt . , ••.I'•, :,•' 36.00' ' .................. � .........:: '" 659'39'24"W • 45.28' FAY RESERVE° WITH 520'52'53"W AY / / fINGRESS 6 EGRESS 84.49' CURRENTOF RIOCATION 27-89 FROM PARCEL f rER 0 IN D.B. 121-241 662'39'39"E .. •''........................ . 547'20'02"E 39,37' r 34,00' •:4.41'05"F I 123.90' 111 :. 626'11'38'W (72.72' T.M. 101-51 KIMCO, L.C. i D.B. 1280-603 D.B. 340-362 PLAT ) `bR CURS WN /632'23'31"W • ~ � '` 92.23' h h 0 h •� ' r.� _ co per: S�7 ry �. '! 3 j L 00 by p p0 P tp0 00' p p) • + , 2 2 ^V'0.• .gip. 0.• �4j)" • 00 2 h ^0 4i 0 HARDWARE RIVER FARMS A T.M. 101-52 SCALE: 1`=100' DATE: JULY 6. 2005 LEO J„ JR. & BARBARA J. WACHTER D.8. 738-653, 655 PLAT 5 D" t-21)-e% SHEET 3 OF 4 10561C Rnnk•21a'7 Da..o•o21 (Page 26• of 29) ,1. e eac71 'Bac)k 131 4-1 P5: ig S 6 - A.R.D. w A as 26'37'25" , \ \ J R -150.00' } 1 11 s L -69.70' H LOT 9 T -35.49' SEE SHEET 2 C -69.07' I I z CB-N65448'42"E / I / / 1 HARDWARE RIVER ROAD // // // 50' PRIVATE ACCESS EASEMENT i / 1 // ( _ "' SO 3' ?9.07'25,.E 326.92. 106.19' — ° "'o /i_—��_ N 2 a 64. N ' I.S.vb. `" LOT 3 0 F ,� m�—�— I.S. S ✓� — —� SEE SHEET 2 o 55"°C- i— tBACK DINE oo• So ` I i/ I.S. 25 I.S.6UILDIN6 o, i"-- / S/s ZS,34" LOT 4 21.21 ACRES LOT 5 6 10. 13 ACRES Lar m . m zN 0Nd LOT 6 • N st w , SEE SHEET 4 ✓. iCo gg 1...••A•p'-"' ./4„,<;•',, 00 c/ ___ _,-''' •...."-- ..-.....- ........._ _______ \\ // ,,-". _...,_ • ,........... ............. • „.......... ,,,-. i ...o RIGHTY 0 N . I.S. D.B. 3',_ PLATTEC .::/ o ,Z ~UMOARY oVp a \ .�, `�-LINf ASO=STREAM h Q ^moi. �� "�aNDERS. o n p p`+, :r ��'... ~-...•�� I.S. 2 in ^yam 0. �~ -* �--_-•.. of t gyp^) p P A* 7.M. 101-22 .2?. 1\ 1 St,Oki LEO J . JR. & BARBARA J. WACKIER = / D.B. 959-415 ^n m D.B. 151-429 PLAT .Z SEE UNRECORDED PLAT BY R.O. SNOW, INC. DATED 2-23-1988 DENOTES APPROXIMATE AREA LOCATED IN ZONE A (100 YEAR FLOOD PLAIN) -� ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAPS, EFFECTIVE o DATE FEBRUARY 4, 2005 (COMMUNITY PANEL 510006 0405 0) r�- a s • Book:3147.Paae:7 1 (Page 27 of 29) • .-b ee.Ct J L 31q-1 V5 • a s- M �� �� IRON LH. 101-781 .. A.R,D.' STATE ROUTE 631 �- ' FOUND GREGORY A. N rn x OLD LYNCHBURG ROAD SHELLY H. MCDANIEL A ` S1 70.1 38"E D.B. 998-1, 3 PLAT u� 11 IRON 70.18' r IRON 99.98 IRON FOUND 580"E Q1 FOUND IRON IRON FOUND 99.98 ib FOUND FOUND IRON m co FOUND I.S. ---__ 6 i , RTHE n,C oi, 534 CHURCHil Lw ©� !L N O H • co IRON try LOT 9 0 402.11' FOUND f mSEE SHEET 2 z 166.45' LOT S '^ o J — 5. 10 ACRES 0 4 in 25' BUILDING HARDWARE RIVER ROAD SETBACK LINE °'0 50' PRIVATE ACCESS EASEMENT '.) 579'07'25'W `n 34.80' `r' I.S. N79'07'25"E /i.\\-C.: �SSr .,,..1..q w .37' _ - Ns �,Z'a,; ti.',S.Iti 4 S ..i m-' • ' LIB 15.00 0 3O'00'W 500.00' •r 1 •.'2. '46 /35o, ' , I.S. 582' L30 :''T;'YY : SOB'00'56"W , I.S. 425.00' L31,�; + ;.' m� 50.00' 4 in ; L29;• L26' �G 5, • S26'20'21"W 52.06' is ✓s�,'r.A �.o • 553'12'33"W 24.55' •(.."" �• VA r 9- SETTBACKILINE S23'24'S1"W 42.41' •'•;/ S31'54'12'W 31.89' .J',I' m r S27'53'16"W 60.62' 1:.,',./ u1 S in SO2'10'41"E 19.43' ;:{' rn S28'56'29`E 33,94' • •�, S27'25'51'E 21.65' .f'.'t` CEMETERYis S12'28'30"W 45.27' • Sf2' 5.27"E m LOT 5 .`. ^t 54.75' ci SEE SHEET 3 w W � S26'22'47"E n r; 48.12' . %,. • 551'22.25"E 53.05' LOT 6 w O� 13.79 ACRES in X219, :;�:,';,.= m p0 '' m cn ,.�p' ('•1 507'15'28'W V.- 106.11' 4,.4/':,1,'v5.56'32.12'W AN' . / f159.44' se 504'24'49"W r.A - � 97.48' t-4 /� APPROXIMATE AREA LOCATED IN zONE A ACCORDIOE • ACCORDING FLOODAR PLAIN) THE FEMA FLOOD '..A INSURANCE RATE MAPS. EFFECTIVE v ' DATE FEBRUARY 4. 2005 (COMMUNITY �/ S20'31'33'W i PANEL 510006 0405 0) 51.69' • "•p cu I.S.516.53'31"W i,. 00 33.62' -t PIPE ,0. FOUND- . �\SO4.0B'22"W 62.80' W:i OF PERENNIAL / . j STREAM N57'22'08"W \\ ~_ / 106.86' S59'04' �'�� 81.00' ; k i'x ,sig.,' � • ,. 6 69. -_ 1669. 526 6 .0 T.M. 101-22 566 LEO J., JR. & BARBARA J. WACHTER D.B. 959-415 HARDWARE RIVER FARMS O.B. 151-429 PLAT SCALE: 1"=100' DATE: JULY 6, 2005 SEE UNRECORDED PLAT BY R.O. SNOW. INC. DATED 2-23-1988 �]_� �``t!R O ZO'o6 SHEET 4 OF 4 10561C Book:3147_Par.,,-741 (Page E8 of 29) • — O .71I(41 P5. 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