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HomeMy WebLinkAboutSUB201800035 Easements 2018-08-31201800000998.001 P E X E M P ■ ■ ■ Oro Instrument Control Number F- I Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A OLS VLR Cover Sheet Agent CUM Date of Instrument: [1012012017 ] Instrument Type: [DEC -PL Number of Parcels [ 1 ] Number of Pages [ 81 RECORDED 1N ALBEMARLE COUNTY, VA JON R. ZUG FILED Jan 29, 2018 AT 12:21 pm BOOK 05009 START PAGE 0048 END PAGE 0057 [NST # 201800000998 TOTAL NUM PAGES 0010 i MEB I f ❑ County ® [Albemarle County ] (8ax for Deed Stamp Only) City First and Second rpffintars Last Name First Name Middle Name or Initial S ix (Towne District LLC ] [ ] [ ] [ l [Cascadia Development ] [ ] [ ] [ ] First and ffMgnd rpranjaWL— Last Name FJrst_Nanw . I Middle Name at nitial SufflX [Towne District LLC [Cascadia Development Grantee Address (Name) [Towne District LLC (Address 1) [170 South Pantos Drive (Address 2) [ (City, State, Zip) [Chadottesvllle ] [VA ] [22911 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County[–] [ ] Percent. In this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [Parent 06200 00 00 02500 and 07800 00 00 05900 and 078EO 00 ] Tax Map Num. (if different than PIN) [Parent 06200 00 00 02500 and 07800 00 00 05900 and 078EO 00 ] Short Property Description [Cascadia Subdivision, Block 1 - 3, Phase III ] [ 1 Current Property Address (Address 1) [Cascadia Subdivision, Block 1 - 3, Phase III ] (Address 2) [Lots 206 thru 241 and 253 thru 258 ] (City, State, Zip) [Charlottesville ] [VA ] [22911 ] Instrument Prepared by [Lois A Haverstrom Recording Paid for by [Towne District LLC Return Recording to (Name) [Lois A. Haverstrom (Address 1) [170 South Pantops Drive (Address 2) [ (City, State, Zip) [Charlottesville Customer Case ID Cover Sheet Page 01 of 1 201800000998.002 Albemarle County Tax Map Parent Parcels: 06200-00-00-02300, 0760040-00-05900, 07BE0-00-00-0OHSO Prepared by: lois A. Haverstrom (VSB 1143712) Return to, 270 South Pantops Drive, Charlottesville, VA, 22911 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR CASCADIA SUBDIVISION ALBEMARLE COUNTY VIRGINIA AMENDMENT #S THIS AMENDMENT #5 TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for CASCADIA SUBDIVISION, is made this 20th day of October, 2017. by Towne District, LLC a Virginia limited liability company, its successors or assigns, and, Cascadia Development, LEC. a Virginia limited liability company, its successors or assigns (hereinafter referred to as "Declarant" whether one or more). RECITALS WHEREAS, Article VIII, Section 1 and Article XIV, Section 2 of the Declaration of Covenants, Conditions and Restrictions for Cascadia Subdivision, dated December 4, 2015, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed gook 4712, Page 104, as amended in Deed Book 4732, Page 678, Deed Book 4823, Page 163, Deed Book 4886, Page 660, and Deed Book 4978, Page 2551_. as may be further amended (the "Declaration"), the Declarant has to right to amend and supplement said Declaration, as well as the right to bring additional property into the plan and operation of said Declaration for Cascadia Subdivision. NOW, THEREFORE, Declarant hereby amends and declares that the real property described in Exhibits A of the Declaration, and such additions thereto as may hereafter be made pursuant to the Declaration, shall be held, transferred, sold, conveyed, leased, donated, devised, inherited and occupied subject to the covenants, restrictions, easements, conditions, reservations, liens and charges set forth in the Declaration, and as hereinafter set forth, and, subject to any valid amendments or supplements. hereto. These covenants, restrictions, easements, conditions, reservations, liens and charges and all other provisions of the Declaration and the Amendments 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 hereof. FURTHER, EXHIBIT A of the Declaration is hereby amended and fully restated as follows: EXHIBIT A: PROPERTY SU ECT TO THIS DECLARATION. Cascadia Phase 1. Blocks 4 — 7: (Recorded with the initial Declaration) All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia Subdivision titled, "Final Subdivision Plat, Cascadia — Phase One, Blocks 4 — 7, TM 62, Parcel 25, TM 78, Parcels 59, TM 78E, Parcel H1, Rivanna District, Albemarle County, Virginia," dated June 23, 2014, as revised August 26, 2014, October 31, 2014, and January 9, 2015, by Dominion Engineering, and made a part hereof, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4712, Pages 104 through 152 (this corrects the page number from earlier recordation of this Declaration and Amendments). Page 1 of 5 201800000998.003 Cascadia Phase 1. Blocks 1-3: (Recorded with Amendment #1 to the Declaration) All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia subdivision titled, "Final Subdivision Plat, Cascadia Blocks 1 - 3, Phase I, TM 62, Parcel 25, Rivanna District, Albemarle County, Virginia," dated September 8, 2015, as revised November 4, 2015 and January 5, 2016, by Dominion Engineering, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4732, Pages 678 - 689. Cascadia Phase 2 Blocks 4-7: (Recorded with Amendment #2 to the Declaration) All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia Subdivision titled, "Final Subdivision Plat, Cascadia - Phase Two, Blocks 4 - 7, TM 78, Parcels 59, Rivanna District, Albemarle County, Virginia," dated January 13, 2016, as revised March 28, 2016, April 20, 2016 and June 27, 2016, by Dominion Engineering, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4823, Pages 163 -173. Cascadia Phase 2. Blocks 1-3: (Recorded with Amendment #3 to the Declaration) All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia subdivision titled, "Final Subdivision Plat, Cascadia Blocks 1 - 3, Phase II, TM 62, Parcel 25, Rivanna District, Albemarle County, Virginia," dated January 18, 2016, as revised March 15, 2016, April 22, 2016, August 9, 2016 and February 9, 2017, by Dominion Engineering, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4886, Pages 660 - 674. Cascadia Phase 3. Blocks 4- 7: (Also Recorded with Amendment #3 to the Declaration) All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia Subdivision titled, "Final Subdivision Plat, Cascadia - Phase Three, Blocks 4 - 7, TM 78, Parcels 59, Rivanna District, Albemarle County, Virginia," dated October 7, 2016, as revised February 22, 2017, by Dominion Engineering, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4886, Pages 660 - 674. Cascadia Phase 4. Blocks 4-7: (Recorded with Amendment #4 to the Declaration) All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia Subdivision titled, "Final Subdivision Plat, Cascadia Blocks 4 - 7, Phase Four, Tax Map 78, Parcel 59, Rivanna District, Albemarle County, VA," dated January 9, 2017, as revised April 13, 2017, by Dominion Engineering, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4978. Pages 251- 258. Cascadia Phase 3. Blocks 1-1: (Recorded with Amendment #5 to the Declaration) All those certain Lots or Parcels of land, as shown and described on a Plat of a portion of the Cascadia Subdivision titled, "Final Subdivision Plat, Cascadia Blocks 1 - 3, Phase III, Tax Map 62-25, Rivanna District, Albemarle County, VA," dated October 25, 2016, as revised April 13, 2017 and October 5, 2017, by Dominion Engineering, as recorded herewith in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. ALL OTHER PROVISIONS OF THE DECLARATION REMAIN IN FULL FORCE AND EFFECT. Page 2 of 5 201800000998.004 IN WITNESS WHEREOF, the Declarant has executed this Declaration this -21b* day of Cabe.¢. , 2017. TOWNE DISTRICT, LLC, a Virginia limited liability company BY: ®rT. Balli�ftM a rnra g e STATE OF VIRGINIA, •C�1F/ COUNTY of ALBEMARLE, to wit: This Declaration of Covenants, Conditions and Restrictions was acknowledged before me this Itday of pch W-- 2017, by Frank T. Ballif, as Manager of Towne District, LLC, a Virginia limited liability company. In a �� My Commission Expires: -1 aCO3 Cert#qp1 SAONCQ _ STATE OF VIRGINIA, t"/ COUNTY of ALBEMARLE, to wit: 'LOIS-A. HAVE RSTROM NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2020 RE:Gi5TRATION NO. 298946 CASCADIA DEVELOPMENT, LLC, a Virginia limited liability company BY: Charles W. Hurt, Manager This Declaration of Covenants, Conditions and Restrictions was acknowledged before me thisIt day of b 2017, by Charles W. Hurt, as Manager of Cascadia Development, LLC, a Virginia limited liabili y company. , � r�1 My Commission Expires: '-i -31 - D LQsLaAgAst:i�— ofary Publi Cert# C- tk9 L0 LOIS A. HAVERSTROM NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31. 2020 REGISTRATION NO. 296546 Page 3 of 5 201800000998.005 ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDER The undersigned hereby acknowledges and consents to the recordation of the foregoing Declaration of Covenants, Conditions and Restrictions for CASCADIA SUBDIVISION (the "Declaration"), and to the recordation of the attached Cascadia Subdivision — Phase III, Blocks 1 -3 Final Subdivision Plat (the "Plat"), and, to the imposition of the covenants, conditions and restrictions set forth therein upon the Property and expressly acknowledges and agrees that the lien, operation and effect of the deed of trust recorded for the benefit of each of the undersigned is hereby made subordinate to this Declaration and any amend. The undersigned has joined herein solely for the purposes set forth above and for no other or further purposes whatsoever. The undersigned expressly disclaim any liability or obligation whatsoever with regard to the preparation, drafting, substance or content of this Declaration. Carter Bank & Trust By: L -+h- (SEAL) Print Name: Joan 114t Title: _ Vkc f rocs-4,'�" STATE OF -may/COUNTY OF a -wit: The foregoing instrument was acknowledged before me this�day of �ff2017, by `, RaLec ,\J� cc qmldll �or Carter Bank & Trust, on behalf of the Bank. My commission expires: Registration No.: Notary Public Page 4 of 5 201800000998.006 ACKNOWLEDGEMENT AND CONSENT OF LIEN HOLDER The undersigned hereby acknowledges and consents to the recordation of the foregoing Declaration of Covenants, Conditions and Restrictions for CASCADIA SUBDIVISION (the "Declaration"), and to the recordation of the attached Cascadia Subdivision — Phase III, Blocks 1 -3 Final Subdivision Plat, and, (the "Plat"), and, to the imposition of the covenants, conditions and restrictions set forth therein upon the Property and expressly acknowledges and agrees that the lien, operation and effect of the deed of trust recorded for the benefit of each of the undersigned is hereby made subordinate to this Declaration and any amend. The undersigned has joined herein solely for the purposes set forth above and for no other or further purposes whatsoever. The undersigned expressly disclaim any liability or obligation whatsoever with regard to the preparation, drafting, substance or content of this Declaration. Union Service Corporation, Trustee �/[. By: Qi`t (SEAL) Print Name: 4`1Pti Title: 14-re— The re— COMMONWEALTH OE VIRGINIA CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me thi day of 2017, by f V►' for Union Service Corporation, a Virginia corporation, in behalf of the corporation as trustee. My commission expires: _ -a/ 3/ If 9 Registration No.: ��rlDC1lD // —. �&� (�Vv Public THERESA A. MCKENNA Novy Public Conano Wn0 opu2inia :380811. my centintoslon:E�tM A' 31, 2010 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF a-2hL'Fqax'� , to -wit: UnionrZ6 Trrt By: r (SEAL) Print Name: DAW WI(sah j� r Title: r. V I C -9e SI deP►{ The foregoing instrument was acknowledged-befTrd thi� day of 2017, by `Is svp- of Union Bank & Trust, on behalf of the bank. 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