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HomeMy WebLinkAboutWPO201800045 Easements 1984-01-17a 0 MINOR HILL TOWNHOUSES SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Supplemental Declaration is made as of this 27th day of July, 1984, by T. BLAKEY HURT and LARRY J. McELWAIN, Trustees for the Minor Land Trust under the provisions of a certain Land Trust Agreement dated December 30, 1977, parties of the first part, hereinafter referred to as the "Declarant": and HAROLD D. MORRIS of Albemarle County, Virginia, and JERRY H. MATHEWS, of Charlottesville, Virginia, Trustees, parties of the second part; VIRGINIA NATIONAL BANK, Noteholder, party of the third part. RECITALS: By a Deed of Trust dated June 19, 1981, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 719, at page 272, Charles William Hurt and Stuart F. Carwile , as Trustees for the Minor Land Trust, conveyed certain real property therein described a portion of Which is the subject property, to the part; of the second part to secure the party of the third part in the original principal sum of $420,000.00, which Deed of Trust Was modified by an instrument of record in the said Clerk's Office in Deed Book 724, at page 724. By a Deed of Trust dated April 2, 1981, of record in the said Clerk's Office in Deed Book 713, at page 658, as modified by a supplemental deed of trust dated June 17, 1981, of record in the said Clp l r:' s Office in Deed Book 719, at page 267, Charles William • j • 11 I. I Pm Bzorl39 Hurt and Stuart F. Carvile, as Trustees for the Minor Land Trust, conveyed certain real property therein described a portion of Which is the subject property, to the parties of the second part to secure the party of the third part for an indebtedness described more fully therein. By an Appointment of Successor Trustee dated July 17, 1981, and recorded July 22, 1981, Charles William Hurt resigned as Trustee and was replaced by T. Blakey Hurt as Successor Trustee. By an Appointment of Successor Trustee dated June 25, 1982, and recorded July 13, 1982, in the said Clerk's Office in Deed Book 742, at page 349, Stuart F. Carvile resigned as Trustee and was replaced by Larry J. McElwain as Successor Trustee. By an instrument dated August 10, 1981, of record in the said Clerk's Office in Deed Book 724, at page 92, T. Blakey Hurt and Stuart F. Carwile, as Trustees for the Minor Land - Trust, imposed certain covenants, conditions and restrictions on certain real property more fully described therein. It is the desire of all of the parties hereto to impose the said restrictions, covenants and conditions upon additional real property described as Phase 2, Minor Townhouses on a Subdivision plat of B. Aubrey Huffman h Associates, Ltd., dated September 11, 1981, revised January 17, 1984, Which plat is attached hereto and made a part hereof, and further to impose JLadditional restrictions, covenants and conditions upon the property subject to this supplemental declaration. sTs 8 2 0 NOW l 4 0 3 - WHEREAS the Declarant is the owner of certain real property in Albemarle County, Virginia, which is more particularly described as phase 2, Minor Townhouses, on the annexed plat of B. Aubrey Huffman & Associates, Ltd., dated September 11, /and October 29, 19849 1981, revised January. 17, 1984, captioned "Plat showing Phase 2, Minor Townhouses, on the annexed plat of B. Aubrey. Huffman & AssociatesLtd., dated Seppt�emiber 11, 1981, revised 7r;hsW October 29, 1984, January 17, 1984, captioned "Plat showing Phase 2, Minor Townhouses, Albemarle County, Virginia" (the subject property) consisting of 1 sheets. NOW,, THEREFORE, pursuant to Article X of the Covenants, Conditions and Restrictions of record in the said Clerk's Office in Deed Book 724, at page 92, the Declarant hereby declares that all of the subject property described above is and shall be held, sold, transferred, occupied, and conveyed subject to the easements, restrictions, covenants and conditions set forth in the Declaration of record in the said Clerk's Office in Deed Book 724, at page 92. Upon conveyance by the Declarant to the Minor Hill Townhouses Homeowners Association, Inc., of that certain parcel of land consisting of 3.297 acres and designated as "open space" on the attached plat the Declarant shall have the right to reserve an option to repurchase the said "open space" from the said Association upon the following terms and conditions: I e c $20 rACEQ7k I -4- The said option shall expire at 12 Noon, fifteen (15) years from the date this document is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. The option must be exercised by written notice sent by certified or registered mail, prior to the date of expiration to the Minor Hill Townhouse Owners Association, Inc. In the event that the option is exercised the purchase price shall be ten ($10.00) Dollars. The option and all rights, duties and obligations attendant thereto shall be freely assignable. All other parties to this instrument agree to the imposi- tion of the said covenants, conditions and restrictions as evidenced by their signatures hereto. IN WITNESS WHEREOF, the parties have caused their names to be signed hereto as of the date first written above. \-01 - (SEAL) i Wain, stee M o d ust (SEAL) aro rr s , Trustee '--0 �, 714 w 4 (SEAL) op - r- • ra 820 STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: rAEa7k2 oilg _ BY: BANK, N.It. I, Lorraine D. R4nkl a a Notary Public in and for the County and State aforesaid, do hereby certify that the fore going instrument was acknowledged before me this /Z 1K day of tmbsr 1984, by T . BLAKEY HURT, Trustee for MINOR LAND TRUST. My Commission Expires: AM4017� I FIJ 4M, tAk J E10, P-'114 1 M' STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: I, C.%,Ovx v►-�e. �• h re ►�S , a Notary Public in and for the County and State aforesaid, do hereby certify that - the foregoing instrument was acknowledged before me this l 4'4-,S day of , 19840 by LARRY J. McELWAIN, Trustee for NOR LAND TRUST. My Commission Expires: - t_ a�� M820imol43 -6- STATE OF VIRGINIA COUNTY OF ALBENARLE, to -wit: is LimbA Al. Wa" a Notary Public in and for the County and State aforesaid, do hereby certify that the foregoing instrument was acknowledged before me this /01% clay of S&T* r 6e& , 19840 by HAROLD D. MORRIS, Trustee, and JERRY H. MATHEWS, Trustee. My. Commission Expires: //31 11 to STATE OF VIRGINIA COUNTY OF ALBEMARLE8 to -wit: I, `jtjbA • wit eb a Notary Public in and for the County and State aforesaid, do hereby certify that the fore$oin instrument was acknowledged before me this /40M day of 9191446V. of 1984, by , as �tYce �� Sn S�ct7ti of VIRGINIA NATIONAL BANK. My Commission Expires: EA_ - M-..yam., o VANfi weraw in "S d "mi t 0 wro* 116QOni18snR mums Somh" owk N. A, COUt'T' BOARD 0C41 f OF' ALBEMARLE COUNTY OF AL L f ICATION OWNERS APPROVAL OF SUPERVISORS PLANNING COMMISSION T I fliffTMIS IS AY T • SUBDIVISION IS MAKWITH THE CONSENT OF TI/E 1IN0ER- ACC R A TE T P L A T CC SIGH OWN[RS.►110PRIET011s LLr.� y fir.. KMtf/011 TRUSTHS. G N T E A as r. � H N �— ftd4w Y4, I& Led&- 1X40, ET � ARTHUR F EOWARDS.CLS a ' .• - 011TE A T 1E CERr1FICATr NO to?O set so**, e •re vpew• space I ..o v. s. R• r �. s s Ew is$. A/ M. k: •ate .r� f/m O rs a ► ., 611- kit aka WMIM folk • t* Sao R�. r%Z! �4i0 %qt 4 '� vo Ot4�tl�W�e it�o��V��;ors rjs�� WQ�aD��t��' M1:gt 1`t fatva at w:r' COUNTY OF ALBEMARLE STATE OF VIRGIN IA,TO-WIT• THE FORIC"I"o INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS Notary Psslit Recfe alion o I r I r. enn$ s 4 �1r OP All V1 role$ Ara* is Lo$s Afore IM .Q O ro$o/ si o Area S.SJAI Awes �. Me 1/ to$s /er Atre a.00 resol No. el Loss is Ar f Lo# sole PPIP & f 'Los Are* CMe►isos do"S; o/ role/ Silo Ira• ro$*s Cowass Ar*e 4 o!$i Acres P L A T S HOW I N G rF'IE P H A S E 2 r M I N 0 R TO W N H 0 U S E S ALBEMARLE COUNTY, VIR61NIA September 11 , 1 9 8 1 0 e0 160 240 320 400 400 Graphic S c a Is In Fee I B. AUBREY HUFFMAN & ASSOGIA YES, LTD. CIVIL ENGINEERING.LA"D SUR VEYINO and LAND PLANNING C H ARLO T TE SVILLE . V I R G 1 N I A ,rwvtop M Snot 1 of 2 Shoots w C b �,,ee °4m A ll r. M. 6/ Per. P e JAIx170 w rNRI D GE" IPMASE a1 . ` f A e e� ea 0 1 "FOUR SEASONS"' 46 .Q N/MDR T0M'WOUS'ES b I P. NASE 2r 1 �. 4 ''. "w r v R/DG •' 0. o (AMASE I 1 it \ $ 0 v �# b y 1 *1 : •. o • � 44 1St o s E`' M I N 0 R r©WNNOUSES E •' w �� t y h • oki w a• . % E� BEA'KEL EYE ••` f PCA T SHOWING J. 297 ACRES B E I N G TH E OPEN SPACE FOR MI NOR TOWN HOUSES PHASE TWO ALBE0A R LE COUNTY , VIRGIN IA 3 Fabraarr28e1983 Goo too 121 1900 1930 0 r a p h I c Se ole In Fee I B. AUBREY HUFFMAN 8 ASSOC I A T ES,L TD. CIVIL EN GIN EERING,LAND SURVE Y ING and LAND PLANNING CHARLOTTE SVI LL E , VIRGINIA Shoot 2 of 2 Shoals 820 fW0746 VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, AD14I1'1'ED TO RECORD ON at O'CLOCK �M. STATE TAX LOCAL TAX TRANSFER FEE CLERK'S FEE PLAT GRANTOR'S TAX TESTE: SHELBY J. MARSHALL, CLERK BY: �QAQnl P qN:--h JA� DEPUTY CLERK