HomeMy WebLinkAboutSUB201700144 Agreements Final Plat 2018-02-28 Albemarle County
TMP#055E0-01-7A-00000
PREPARED BY:
Woods Rogers PLC
SUPPLEMENTAL DECLARATION
OF COVENANTS AND RESTRICTIONS OF OLD TRAIL
THIS SUPPLEMENTAL DECLARATION ("Supplemental Declaration") is made this
day of 2018, by MARCH MOUNTAIN PROPERTIES, L.L.C., a Virginia limited
liability company (the"Company"), a Grantor and Grantee for indexing purposes, whose address
is 1005 Heathercroft Circle, Suite 100, Crozet, Virginia 22932.
WITNESSETH:
WHEREAS, the Company and Old Trail Community Association, Inc., a Virginia non-
stock corporation (the "Association"), executed a Declaration of Covenants and Restrictions of
Old Trail dated December 10, 2004, which is of record in the Clerk's Office of the Circuit Court
of Albemarle County, Virginia(the"Clerk's Office") in Deed Book 2887, page 336 (as amended
and supplemented from time to time,the"Declaration");
WHEREAS, Article II, Section 2 of the Declaration provides that the Company has the
right, without further consent of the Association or any Owner (as such term is defined in the
Declaration), to bring within the plan and operation of the Declaration additional property by
recording a supplementary declaration, which may contain such complementary additions and/or
modifications of the covenants and restrictions contained in the Declaration as may be necessary
or convenient, in the sole judgment of the Company, to reflect the deferent character of the added
properties.
WHEREAS, the Company is the owner of those certain lots and parcels of land shown
on the recorded plat described herein(the"Plat").
WHEREAS, by filing this Supplemental Declaration, the Company desires to impose
upon the property shown on the Plats the covenants and restrictions of Old Trail set forth in the
Declaration, subject however to the modifications provided for herein; and
WHEREAS, capitalized terms not defined herein shall have the meaning set forth in the
Declaration.
NOW THEREFORE, the Company hereby declares and covenants as follows:
Pursuant to Article II, Section 2 of the Declaration, the Company hereby brings the
following described property within the plan and operation of the Declaration as an addition to
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the Existing Property, as described in the Declaration and subject to the modifications to the
covenants and restrictions contained in the Declaration as provided for herein (the "Subject
Property"):
That certain subdivision plat dated September 6, 2017, last revised December 15,
2017, made by Roudabush, Gale & Associates, Inc entitled "Subdivision Plat Block
7A Phase 1 Old Trail Village White Hall Magisterial District Albemarle County,
Virginia,"which plat is attached hereto and recorded herewith.
Amendment to Article VII of the Declaration
The Company declares that with regard to the Subject Property Article VII, Section 9 of
the Declaration is hereby amended to provide that the Company reserves unto itself, its
successors and assigns, a perpetual, alienable and releasable easement and right, on, over and
under the Subject Property to erect, maintain and use cluster mailbox units and associated
equipment, lighting and other improvements, as well as road signs and other signage, on, in and
over those portions of the Subject Property as may be reasonably determined by the Company,
its successors and assigns. The Company further declares that the United States Postal Service
(the "USPS") and each Owner assigned a cluster mailbox unit by the USPS shall have an
easement of ingress and egress over the Subject Property to access the cluster mailbox units.
Amendment to Article IX of the Declaration
The Company declares that, with regard to the Subject Property, Article IX, Sections 5(b)
and 5(c) of the Declaration are hereby deleted and restated in their entirety as follows:
(b) No structure, except as hereafter provided, shall be erected, altered,
placed or permitted to remain on a Single Family Lot or Villa Home Site other
than one (1) detached dwelling and one (1) small accessory building of not more
than two and one-half(2.5) stories, which may include a detached private garage
with a second story office or other living space, provided the use of such
accessory building does not overcrowd the Property, as determined by the
Company in its sole and uncontrolled discretion; and provided, further, that such
detached dwelling and such small accessory building are not used for any activity
normally conducted as a business. Such accessory building may not be
constructed prior to the construction of the main building. The Company, its
successors and assigns, shall have the right to permit Lots to contain one (1)
accessory dwelling unit in addition to the primary dwelling unit, which assessor
dwelling unit may be rented or leased but only for residential purposes (each an
"Accessory Unit").
(c) If a Lot is not permitted to have an Accessory Unit pursuant to
Section 5(b) above, then a guest suite or like facility without a kitchen may be
included as part of the main dwelling or accessory building on any Singe Family
Lot or Villa Home Site, but such suit may not be rented or leased except as part of
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the entire premises including the main dwelling; and provided, however, that such
suite would not result in overcrowding the Property, as determined by the
Company in its sole and uncontrolled discretion. If a Lot is permitted to have an
Accessory Unit pursuant to Section 5(b) above, then such Accessory Unit may
have a kitchen and may be rented or leased for residential purposes as part of or
separately from the primary dwelling unit.
The Company declares and ratifies that the Subject Property is and shall be held,
transferred, sold, conveyed, given, donated, leased, occupied and used subject to the Declaration,
as modified and supplemented by this Supplemental Declaration; provided, however that no
amendment, supplementation or modification to the Declaration that contradicts the terms and
provisions of this Supplemental Declaration shall be effective as to the Subject Property without
the written consent of the Company, its successors or assigns. If there is any conflict between
the terms and provisions of the Declaration and the terms and provisions of this Supplemental
Declaration, this Supplemental Declaration shall control as to the Subject Property.
SIGNATURE PAGE IMMEDIATELY FOLLOWS
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WITNESS the following signatures and seals:
MARCH MOUNTAIN PROPERTIES,L.L.C.,
a Virginia limited liability company
By:
Name: ,i;� (�
Title: Manager
COMMONWEALTH OF yIRGINIA
CITY/COUNTY OF CU b evv,.aV i e_ to-wit,
The foregoin nstrument was acknowledged before me thisYday ofF.adr- 2018,
by ►''teS l-i �clp, �✓� as Manager of March Mountain Properties, L.L.C., a
Virginia limited liability company.
Notary Public
My Commission Expires: /0/3//D-0?-/
Commission No.: a .5 a 3
CATHERINE H. FITZGERALD
NOTARY PUBLIC
REG.#252832
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES OCT.31,2021
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