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Home My WebLink AboutSUB201600163 Agreements Final Plat 2016-01-29 VIRGINIA LAND RECORD COVET ..:[EET i, —I+`---- — �ORM A-COVER SHEET CONTENT Cl 0 0 9 19 ��Niii II' q ;II �� Doc ID: 033274860007 Type: DEE Instrument Date: 1/29/2016 FeeoAmt: $22.00 itof0 26:38 AM "'ORM Instrument Type: DEC Albemarle ZugCCiruit Clerk Number of Parcels: 1 Number of Pages: 6 Flleq 2016-0000091 [ ]City DQ County 4 720 Pa600-606 ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ]Grantor: [ ]Grantee: Consideration: $0.00" Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER§58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: Original Page Number: Original Instrument Number: Prior Recording At:[ ]City[ ]County Percentage In This Jurisdiction: 100% BUSINESS/NAME 1 DQ Grantor: PIEDMONT NEIGHBORHOODS LP [ ]Grantor: 1 DI Grantee: WELLS FARGO BANK NA [ I Grantee: GRANTEE ADDRESS • Name: WELLS FARGO BANK NA Address: 1750 H STREET NW SUITE 400 City: WASHINGTON State: DC Zip Code: 20006 Book Number: Page Number: Instrument Number: Parcel Identification Number(PIN): 90-3 Tax Map Number: 904 Short Property Description: WHITTINGTON PHASE B1 • Current Property Address: City: -- State: VA Zip Code: - Instrument Prepared By: COLLISON F.ROYER Recording Paid By: ROYER CARAMANIS&MCDONOUGH Recording Returned To: ROYER CARAMANSI&MCDONOUGH PLC Address: 200-C GARRETT STREET City: CHARLOTTESVILLE State: VA Zip Code: 22902 +, ,11111.f 1 i + 5 di f i. i:" • FORM CC-1570 Rev:7/15 Page 1 of 1 Cover Sheet A §§17.1-223,17.1-227.1,17.1-249 Copyright C 2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved. TMP:90-3 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 RESTRICTIONS OF WHITTINGTON SUBDIVISION THIS SUPPLEMENTARY DECLARATION TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WHITTINGTON SUBDIVISION (the "Supplementary Declaration") is made this yik` day of , 2016, by PIEDMONT NEIGHBORHOODS LP, a Virginia limited partnership "Declarant"). WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association,in its capacity as Administrative Agent(the"Lender"),joins herein to evidence its consent as set forth hereunder. WITNES SETH: WHEREAS, Triumph Whittington, LLC, a Virginia limited liability company (the "Original Declarant") and Whittington Homeowners Association, a Virginia non-stock corporation formed pursuant to the Virginia Property Owners Association Act (the "Association"), recorded that certain Declaration of,Covenants, Conditions and Restrictions of Whittington Subdivision dated November 8, 2013, and recorded on November 8, 2013, in the Clerk's Office of the Circuit Court of the County of Albemarle,Virginia(the"Clerk's Office"),in Deed Book 4433,page 519(the"Declaration"). WHEREAS, the Declaration governs the planned community located in Albemarle County, Virginia, known as Whittington, and, pursuant to Article II, Section 2 thereof(the "Expansion Provision"),the Declarant thereunder has the unilateral right and privilege (but not the obligation), from time to time, to expand the Property (as the same is defined in the Declaration)by submitting all or any portion of the Additional Property(as the same is defined in the Declaration, and specifically including the Residue Lot, as hereinafter defined, all as the same is shown on Exhibit C attached to and incorporated in the Declaration)to the provisions of the Declaration without the consent of any Owner(as the same is defined in the Declaration)or any Mortgagee(as the same is defined in the Declaration)(except the holder of a deed of trust on the Additional Property being submitted) by filing in the Clerk's Office a Supplementary Declaration annexing such real property. WHEREAS,as evidenced by that certain special warranty deed from Original Declarant to Declarant dated February 4, 2014, and recorded February 18, 2014, in the Clerk's Office in Deed Book 4461,page 435,Declarant is the owner of that certain real property identified as the "Residue Lot", containing 154.160 acres, more or less, shown on that certain plat titled "Subdivision Overview WHITTINGTON SUBDIVISION Phase A TMP 90 Parcels 3, 45, 46, 47, 48 and TMP 89 Parcel 95 Samuel Miller Magisterial District, Albemarle County Virginia" prepared by Dominion Engineering as Project No. 13.0039, dated as of April 23, 2013, last revised July 10, 2013, recorded November 8, 2013, in the Clerk's Office in Book 4433, page 519. WHEREAS, upon the conveyance of the Residue Lot by the Original Declarant to the Declarant,the Declarant succeeded the Original Declarant as sole Declarant pursuant to Article I, Section 11 of the Declaration. WHEREAS,by way of that certain Collateral Assignment of Declarant's Rights made on April 17,2014,from Declarant to Lender,recorded April 17,2014,in the Clerk's Office in Deed Book 4480, page 681 (the "Collateral Assignment"), and in connection with that certain Additional Security Credit Line Deed of Trust and Security Agreement dated April 17, 2014, granted by Declarant to TRSTE, Inc., a Virginia corporation as Trustee, for the benefit of Lender, and recorded in the Clerk's Office in Deed Book 4480,page 645, as amended in Deed Book 4483,page 686,on April 28,2014(the"Deed of Trust"),which Deed of Trust secures the Residue Lot, Declarant collaterally assigned to, and unconditionally and irrevocably granted to Lender a security interest in and a lien upon,among other things,all of Declarant's rights under the Declaration,and agreed not to submit any additional premises to the Declaration without the prior written consent of Lender. WHEREAS, Declarant subdivided the Residue Lot as evidenced by subdivision plat entitled "FINAL SUBDIVISION PLAT, WHITTINGTON 90-3 SAMUEL MILLER DISTRICT, ALBEMARLE COUNTY, VIRG prepared by Dominion Engineering,dated August 5,2015,and recorded in the Clerk's Office in Deed Book ill-20,page.S43 (the"Whittington Phase B Plat"). WHEREAS,Dec aran now wishes su•jec ue • •i. •• s • ire "•'ttingt� ".. e B Plat to the provisions of the Declaration and to . c i•n of the Assoc':.'. . WHEREAS, Lender wishes to consent to the submittal of the Residue Lot as shown on the Whittington Phase B Plat to the provisions of the Declaration and the jurisdiction of the Association,as required by the Assignment,the Deed of Trust,and the Declaration. NOW THEREFORE, pursuant to the provisions of the Expansion Provision, the Declarant declares that the Declaration shall hereby be supplemented as set forth below. 1. The Declarant hereby submits all of that certain property more particularly described on Schedule A attached hereto and incorporated herein by this reference to the provisions of the Declaration and the jurisdiction of the Association.Such property shall be held,transferred,sold, conveyed, given, donated, leased, occupied and used subject to the Declaration and all subsequent amendments and modifications thereto. 2. This Supplementary Declaration shall be effective upon recording in the Clerk's Office. 3. Other than those restrictions and obligations set forth in the Declaration, nothing contained herein is intended to impose, expressly or by reference, any additional restrictions or obligations on the Residue Lot. otre- _.rotA7_\()L 1,(4,/ ?gl s(N° 1/\*I, ( NOW Vsle 4. Lender joins herein to evidence its consent to the Declaration, as amended; provided, however Lender makes no warranty or any representation of any kind or nature concerning the Declaration or any of its terms or provisions, or the legal sufficiency thereof and disavows any such warranty or representation, it being understood that Lender does not assume and shall not be responsible for any of the obligations or liability of Piedmont contained in the Declaration. [The remainder of this page intentionally left blank.Signatures follow on the next pages.] r i • • • • .r • WITNESS the following duly authorized signatures: PIEDMONT NEIGHBORHOODS LP, a Virginia limited partnership By: SM Piedmont, LLC, a Virginia limited liability company,its Ge.-ral Partner By: # Name: ' 1 .&dui C• Atir"i+►44ti Its: ' I • cMAIIIPS4A1 1L6vyo41 CONWEALTH OF VIRGINIA C 1' COUNTY OF 0'6,x ;,,. ,to-wit: �foregoing instrument was acknowledged afore me this 1" day of Cb. ,2016,by Q a�-1 y�G,s Its, -Se. QQ,esa,� of SM Piedmont, LLC, a Virginia limited liability company, General Partner of Piedmont Neighborhoods LP,a Virginia limited partnership,on its behalf. Collison F.Royer Notary Pu Notary Registration No.7535715 My commission expires: Notary Public. Notary registration number: Commonwealth of Virginia ymmiss on xpires: ay 31,20-16 Nee vow WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as Administrative ' Agent By ,� �� :/ t!L L Name: Charles chulz )4V- 4"13C Its: Vice President COMMONI OF VIRGINIA to-wit: The foregoing instrument was acknowledge befy�re me t is, j day of �piXy y ,2016,by C a/'SJ , !//ae. /� c4,Jof Wells Fargo Bank, National Associatio 8 a national banking association,in its capacity as Administrative Agent,on its behalf. / Notary •u I lic My commission expires: /� 4/3/ &YY' Notary registration number: 9 y m ,`�-,��:=' , C �•..,-_. District of Columbia:ss' • ` P- P. f!E- '�i,�"N. Subscribed and sworn to before me,In my presence . ••••4.,:o Ski PUd•'Pl, �`:;, this.25 day of f.Wy (...._:_x____ ,p Diana P.rTeCena,Notary Public,D.C. ?....—c,:S-3 ,.2 .1. %.'—i,,,,: My ommission expires August 31,2018. Imo___ _`-___.____�-.__ - . SCHEDULE A Lots 5 through 12 (inclusive), Lots 37 through 55 (inclusive), Kendra Street, Parcel X, Open Space E, Open Space F, Open Space G, Open Space H, Residue A, and Residue B, all as the same are more particularly shown on that certain subdivision plat entitled "FINAL SUBDIVISION PLAT, WHITTINGTON, PHASE B1 TMP 90-3 SAMUEL MILLER DISTRICT, ALBEMARLE COUNTY, VIRGINIA"prepared by Dominion Engineering, dated August 5, 2015, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia,in Deed Book 41:2.O ,page 5$B . RECORDED IN CLERKS OFFICE OF ALBEMARLE ON FEBRUARY 2,2016 at 10:26:38 AM AS REQUIRED BY VA CODE§56.1-802 STATE:$0.00 LOCAL:$0.00 ALBEMARLE COUNTY,VA JON ZUG CIRUIT CLERK IP •