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HomeMy WebLinkAboutSUB201600184 Other 2017-03-31 Nod • Prepared by and upon recordation return to: Williams Mullen 321 E.Main Street,Suite 400 Charlottesville,VA 22902 Tax Parcel No.09100-00-00-01400 SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVINITY THIS SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVINITY (this "Supplemental Declaration"), dated as of this day of , 2017 '',(the "Effective Date"), by AVON PROPERTIES, LLC, a Virginia limited liability company, to be indexed as a grantor and grantee ("Declarant"); and the AVINITY HOMEOWNERS ASSOCIATION, 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 Avinity dated as of March 30, 2011, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the "Clerk's Office"), in Deed Book 4018, at page 517, as amended by that certain Supplement to such Declaration dated as of August 4th, 2016, and recorded in the Clerk's Office in Deed Book 4797, at page 229 (collectively, the "Declaration"), Declarant declared certain real property, referred to and defined in the Declaration as "Avinity", located in Albemarle County, Virginia, 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; and WHEREAS, Avinity has been developed as a residential subdivision and Section 2.02 of the Declaration provides that the Declarant has the right to annex additional property within the plan and operation of the Declaration; and WHEREAS, Declarant intends to develop additional property(the "Additional Property") as Phase IV (Lots 101 through 107) of the Avinity residential subdivision, Tax Map Parcel No. 09100-00-00-01400, shown as "Future Phase 4" on the Subdivision Plat titled "Subdivision Plat, Avinity, Phase I, Lots 27 thru 93, Located on Avon Street Extended, Scottsville Magisterial District, Albemarle County, Virginia" (the "Plat") recorded in the Clerk's Office in Deed Book 4018, at page 497; and 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. 1 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 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 Plat, shall from and after the Effective Date be deemed a Lot within the meaning of Section 1.11 of the Declaration and held subject to all covenants, conditions, restrictions, easements, reservations, regulations, burdens, liens and charges of the Declaration. The Additional Property shall also hereinafter be deemed part of Avinity within the meaning of Section 1.03 of the Declaration and the Property within the meaning of Section 1.17 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 - `44400 Sod WITNESS the following signatures. DECLARANT: AVON PROPERTIES, LLC, a Virginia limited liability company By: River Bend Management, Inc., Manager By: Name: Andrew J. Dondero Title: Vice President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me, ,a Notary Public in the aforesaid jurisdiction, this day of , 2017, 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 River Bend Management, Inc., as Manager of Avon Properties, LLC, a Virginia limited liability company, on its behalf. STAMP: Notary Public Registration Number: My Commission Expires: [Section Left Intentionally Blank - Signature Pages To Follow] -3 - THE ASSOCIATION: AVINITY HOMEOWNERS ASSOCIATION, INC., a Virginia non-stock corporation By: Name: Alan R. Taylor, Jr. Title: Sole Director COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me, ,a Notary Public in the aforesaid jurisdiction, this day of , 2017, by Alan R. Taylor, Jr. who is either personally known to me or has satisfactorily proven to be the person whose name is subscribed to the foregoing instrument as the Sole Director of Avinity Homeowners Association, Inc., a Virginia non-stock corporation, on its behalf. STAMP: Notary Public Registration Number: My Commission Expires: 33131283_1 -4 -