HomeMy WebLinkAboutSDP201700040 Easements Minor Amendment 1987-04-01 'NS
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THIS DEED made and entered into this lstday of April,
1987, by and between NOODBRIAR ASSOCIATES, a New York
limited partnership, the Grantor, and EDNAN CORPORATION, a
Virginia corporation, the Grantee, whose address is 1100
Dryden Lane, Charlottesville, Virginia, 22901, and CALEB N.
STONE, Contract-Purchaser, party of the third part, and LYNN
w. STOWE, party of the fourth part,
WITNESSET Hs
THAT FOR AND IN CONSIDERATION of the sus of SIX HUNDRED
SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($675,000.00), cash
in hand paid, the receipt of all of which is hereby
acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL
and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF
TITLE unto Edna: Corporation, all of that certain lot or
parcel of land situated on State Route 606 and Quail Run in
Albemarle County, Virginia, designated as Tract II
containing 27.00 acres on plat of Roudabush, Greene & Gale,
Inc., dated October 9, 1986, last revised March 20, 1987,
which plat is attached hereto, recorded along with, and lade
a part of this deed: being a portion of the property which
was conveyed to the Grantor herein by deed of S. V.
Associates, aral
gene partnership, dated February 29, 1980
and recorded in the Clerk's Office of the Circuit Court of
111
Albemarle County, Virginia, in Deed Book 690, page 232.
The above property is conveyed expressly subject to the
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following restrictions and conditions which shall run with
the said property:
;. - 7not
1. Approval by the University of Virginia Real Estate
Foundation of the height of any signs and structures, and
the screening of the property. Subject to the zoning
ordinances of the County of Albemarle, Virginia, only the
following uses shall be permitted on the property:
A. Compounding of drugs, including biological
products, medical and chemical as well as pharmaceutical.
B. Fire and rescue squats stations.
C. Manufacture, processing, fabrication,
assembly, distribution of products such as but not limited
to:
Artists' supplies and equipment.
Business, office machines and equipment.
Cosmetics, including perfumes, perfumed
toiletries and perfumed toilet soap.
Drafting supplies and equipment.
Electrical lighting and wiring equipment.
Electrical and electronic equipment and
components including radio, telephone,
computer, communication equipment, TV
receiving sets, phonographs.
Food products, such as bakery goods, dairy
products, candy, beverages (with University
of Virginia Beal Estate Foundation approval).
Giftsnovelties including pottery, figurines
• and similar ceramic products.
Glass products made of purchased glass.
Industrial controls.
Jewelry, silverware.
Light machinery and machine parts, including
electrical household appliances but not
including such things as clothes washers,
• dryers and refrigerators.
. Musical instruments.
Paper products such as die-cut paperboard and
cardboard, sanitary paper products, bags and
containers.
Photographic equipment and supplies including
processign and developing plant.
Rubber, metal stamps.
Small electrical parts such as coils,
condensers, transformers, crystal holders.
Surgical, medical and dental instruments and
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supplies.
Toys, sporting and athletic equipment, except
firearms, ammunition or fireworks.
2
SI We ''44401
:•.� r ;! ' ? ? 3 2
Watches, clocks and similar timing devices.
Wood cabinets and furniture, upholstery.
D. Publishing, printing, lithography and
engraving, including but not limited to newspapers,
periodicals and books.
E. Prpearation of printing plates including
typesetting, etching and engraving.
F. Research and development activities including
experimental testing.
G. Scientific or technical education facilities.
H. Assembly and fabrication of light aircraft
from component parts manufactures off-site.
I. Contractor's office.
J. Temporary construction uses.
B. Business and professional office buildings.
L. Dwellings.
N. Temporary nonresidential mobile homes.
N. Laboratories, medical or pharmaceutical.
O. Airport, helistop or heliport.
P. Moving businesses, including storage
facilities.
Q. Warehouse facilities.
R. Wholesale business (subject to the approval of
the University of Virginia Real Estate Foundation and
411 Grantee, or their successors and assigns)
411 1S. Such other uses as may be agreed upon by both
the University of Virginia Real Estate Foundation and
Grantee, or their successors or assigns.
T. Any business that has an adverse impact on the
immediate surroundings through sight, smell, or noise
pollution shall require the joint approval of both the
University of Virginia Real Estate Foundation and the
11 Grantee prior to that business being approved for admission
to the site. Under no circumstances shall any business be
admitted that deals with or causes hazardous wastes or toxic
chemicals.
3
11,
7 11 3.
2. No construction shall be performed on the property
unless detailed plans and specifications for exterior
design, site plan, access, landscaping and setbacks have
been submitted to the University of Virginia Real Estate
Foundation at P. 0. Box 9012, Madison Nall, Charlottesville,
Virginia, 22906, ATTENTION David R. Westby, and the
University of Virginia Real Estate Foundation's prior
written approval therefor has been obtained, such approval
not to be unreasonably withheld. In the event the
University of Virginia Real Estate Foundation has neither
approved nor disapproved such plans and specifications
within 20 business days following their receipt by the
University of Virginia Real Estate Foundation, such plans
and specifications shall be deemed approved. In the event
the University of Virginia Real Estate Foundation
disapproves such plans and specifications and at Grantee's
request, the University of Virginia Real Estate Foundation
shall appoint one person and the Grantee shall appoint one
person and both appointees shall appoint a third person to a
panel which shall determine whether or not such plans and
el
specifications shall be approved or disapproved, or shall
recommend appropriate modifications to the plans and
specifications.
111 The above property is conveyed subject to all
easements, reservations, restrictions, conditions and other
` encumbrances contained in duly recorded deeds, plats and
other instruments constituting constructive notice in the
4
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chain of title to the above described property which have
not expired by a time limitation contained therein or
otherwise have become ineffective.
The party of the third part join in this deed to
release any rights in said property by reason of an
unrecorded Purchase Contract dated July 15, 1986.
The party of the fourth part, wife of Caleb N. Stowe,
joins in this deed to convey any right, title and interest
in and to the above conveyed property by virtue of her
marriage to Caleb N. Stowe.
The name of Lynn W. Stowe is signed hereto by Caleb N.
Stowe under power of attorney dated March 27, 1985 and
recorded in said County Clerk's Office in Deed Book 832,
page 551.
WITNESS the following signatures and seals:
WOODBRIAR ASSOCIATES
BY: S-V ASSOCIATES
BY: f�
Genera artne ,
A;dr,
iti
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By •''
atto• `, r
in fact
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STATE OF VIRGINIA AT LARGE
COUNTY OF ALBE4ARLE, to-wit:
Tie_ foregoing Deed was acknowledged bet
SOCIATES t s yne day/o r/,OD/A' , 198
Ny commission expires: IMICIPAWIF
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ry 4. h
STATE OF VIRGINIA AT LARGE
COUNTY OF ALBENARLE, to-wit:
The foregoing Deed was acknowledged before me by CALEB
N. STONE, in his Tip right s a torney in fact foul LYNN
W. STOWE, this .7day of , 1986:
Ny commission expires: r'
00111T1 /
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CORRECTED 0 605
DEED OF TRUST AND SECURITY AGREEMEN�
THIS DEED OF TRUST AND SECURITY AGREEMENT(the"Deed of Trust"),made as of the t hrh day
of March ,1992,by and among Robert J. King and Margaret A. King (the
"Grantors",whether one or more);and iddbilitirldreWiiniiiiiitheihrefidgedomagopidawaikluid GEORGE
T.RICHARDSON of Goochiand County,Virginia,Trustees(the"Trustees",whether one or more);and,HOME
BENEFICIAL LIFE INSURANCE COMPANY(the"Lender")provides as follows:
WITNESSETH,That the Granton hereby grant and convey with General Warranty and English Covenants
of Title unto the Trusteei tie following described real estate(the"Real Estate"),to-wit
ccWIILT I G.MOM(of the City of Ridammd,Virginia
All that certain lot or parcel of land in the White Hall Magisterial District
of Albemarle County, Virginia, fronting on Waverly Drive, containing 2.252
acres, more particularly described as Lot 64 on.a subdivision plat of Lots
56 thru 71, Waverly revised January 6, 1986, of record in the Clerk's Office
of the Circuit Court of said County in Deed Book 913, page 209, and revised
April 28, 1987, of record in said County Clerk's Office in Deed Book 939,
sage 432, together with a non-exclusive easement for ingress along Waverly
Drive and all other roads in Waverly Subdivision as shown on said plat.
The subject property is further shown and described on survey entitled
"Plat Showing Physical Survey of Lot 64, Waverly, Albemarle County, Virginia,"
Dated July 20, 1990, prepared by Gary M. Whelan, said survey is attached hereto
and recorded herewith.
The property hereby conveyed is the same property conveyed to the Grantors by
deed from.Rinehart Construction, Ltd., a Virginia corporation, dated July 19, 1990,
recorded in the aforesid Clerk's•Office in Deed Book 1113, page 431.
*This deed of trust is being rerecorded to include the survey which had been
omitted.
•
TOGETHER WITH all buildings,structures,walks,fences,shrubbery.plants,driveways,improvements,
machinery,apparatus,equipment,fittintra and fixtures of every kind and nature whatsoever,including but not
limited to stoves,refrigerator,ranges,water heaters,dishwashers,cabinets,partitions,ducts and compressors,
fans;venetian blinds and shades,heaters,boilers,radiators,engines,machines,motors,pipes,pumps,tanks,
conduits,switchboards,elevators,escalators,screens,storm sashes,awnings,blinds,doors,mantels,built-in
mirrors,carpeting and underpadding,hardware,wires,switches,electric fixtures,bells,insulations,and all
writer,plumbing,lighting,laundry,incinerating power,air cooling and air conditioning,lifting,cleaning,fire-
prevention,fire-extinguishing,sprinkler,ventilating;refrigerating,communications and eating apparatus and
equipment upon or which may hereafter be placed upon or located on the Real Estate and used or viable in
whnection with any presenter future operation of the Real Estate,all of which,together With all replacements
them and additions thereto,shall be deemed to be fixtures and part of the Real Estate and appropriated for
the use of the Real Estate.
TOGETHER WITH alltenements,hereditaments,easements,rights,privileges,appurtenances and rights
of way now or hereafter belonging or in anyway pertaining to the Real Estate and the remainder and remainders, •
reversion or reversions thereof;and also all the estate,right,title,interest,issues;profits,'proceeds,revenues,
royalties and benefits accruing or to accrue therefrom,property,claiin and demand whatsoever of the Grantors
of,in and to the same,and of,in and to every part and parcel thereof.
TOGETHER WITH all right,titler interest,property,claim and demand of the Grantors,if any,in and
•
• to the land lying In the bed of any street,road,avenue,alley,in front of or adjoining the Real Estate.
All of the above Real Estate,buildings,fixtures and other property and interests therein is hereinafter refer-
•
•
• red to as the"Property".
TOGETHER WITH all proceeds of the conversion,whether voluntary or involuntary,of any of the Prop- 3
erty into cash or other liquid claims,including,without limitation,all awards,payments or proceeds,including
interest thereon,and the right to receive the same,which may be made as the result of any casualty,any exec-
cise of the right of eminent domain or deed in len thereof,the alteration of the grade of any street,any inlur)!
to or decrease in the value of the Property and any defect in title to the Property or other matter insured under
a policy of title insurance,together with counsel fees,costs and disbursements incurred by the Lender in con-
nection with the collection of such awards,payments and proceeds.
TO HAVE AND TO HOLD the same,whether now owned or held or hereafter acquired,unto the Trustees,
their survivor,or other successor or successors and assigns IN TRUST forever.
it 1 {
K1210 X 0629 84)24 PACEn0?S
IN TRUST,to secure to the Lender(i)the payment of all sums owing under a certain negotiable promissory
note(the"Note"),bearing even date herewith,made by the Grantors,payable to the Lender,or order,at 3901
West Broad Street,Richmond,Virginia 23230 or at such other place as the Lender may otherwise specify in
writing,from time to time,which Note evidences an indebtedness of the Grantors to the Lender in the principal
•
• amount of Two Hundred Thirty—Five Thousand Dollars
($ 235,000.00 ),together with interest on the unpaid balance thereof until paid,and any cost related
thereto pursuant to the terms and conditions set forth in the Note,(ii)the payment of all other sums owed to
the Lender by the Grantors or which are otherwise payable pursuant to this Deed of Trust or any of the other
Loan Documents(as hereinafter defined)and(iiq the performance and observation of all the terms,covenants,
warranties,conditions,agreements and obligations of the Note,this Deed of Trust and the other Loan Documents.
At the election of the Lender,upon six(0)months written notice to the Grantors,the entire unpaid prin-
cipal amount owing under the Note,together with all interest then accrued thereon and other charges due
thereunder shall become due and payable in full on any date on which any installment of principal and interest
is due occurring after the tenth ( 10th)anniversary of the date hereof without any prepayment
premium.
The privilege to prepay the indebtedness secured hereby is reserved as provided in the Note,as are any
conditions related thereto or premiums payable in connection therewith.
The Note provides that if not sooner paid,the entire principal balance with interest accrued thereon and
other charges due thereunder shall be due and payable on the 1s!_day of April , 2022
The Note provides that the Lender may collect a late charge equal to four cents 0.04)for each dollar($1.00)
of any payment that maybe more than ten(10)calendar days in arrears for the expense of handling delinquent
payments.
The Note provides that interest shall be payable on all matured and unpaid principal amounts owing under
the Note at the rate of eighteen percent(18%)per annum or at the rate provided in the Note,whichever is greater.
PROVIDED ALWAYS,that upon the full payment of the Note,with interest thereon,and all other amounts
due thereunder,and under this Deed Of Trust and the observance and performance of each and every term,
warranty,covenant,condition end obligation of the Note,this Deed of Trust and the other Loan Documents,
the Trustees shall release and reconvey the Property unto the Grantors,all at the sole cost and expense of the
•Grantors.
THE GRANTORS FURTHER COVENANT AND AGREE es follows:
1. Payment and Performance by the Greaten.The Grantors shall pay punctually the principal,interest,
late charge(if any),premium(if any)and all other amounts due under the Note,this Deed of Trust and the
other Loan Documents on the Grantors'part to be paid,The Grantors shall also observe and perform all the
other terms,covenants,warranties,agreements,conditions and obligations of the Note,this Deed of Trust and
all other Loan Documents on the Grantors'part to be observed or performed.As used herein,the term"Loan
Documents"shall refer collectively to the Note,this Deed of Trust and any other deed of trust,security agree-
ment,assignment of leases,rents end profits,guaranty and any other agreements or instruments which now
or subsequently may be executed in connection with the indebtedness evidenced by the Note.
2.Casts,Expenses and Fees.(a)The Grantors agree to pay all costs and expenses of the Lender,including
reasonable attorneys'fees,(1)if after default the Note is placed in the hands of an attorney or attorneys for
collection;(ii)if the Lender finds it necessary or desirable to secure the.services or advice of one or more at-
torneys with regard to collection of the Note or to the protection of its rights under the Note,this Deed of Trust
or any other Loan Document,or(iii)if the Lender seeks to have the Property abandoned by or reclaimed from
any estate in bankruptcy or attempts to have any stay or injunction prohibiting the enforcement or collection
• of the Note,prohibiting the foreclosure of this Deed of Trust or prohibiting the enforcement of this Deed of
Trust or any other Loan Document lifted by any bankruptcy or other court.
(b) In the event that the Trustees or the Lender shall be made a party to or shall intervene in any action
or proceeding,whether in court or before any governmental agency,affecting the Property or the title thereto
or the interest of the Trustees or the Lender under this Deed of Trust,including,without limitation,any form
•of condemnation or eminent domain proceeding,the Grantors shall reimburse the Trustees and the Lender
for all costs,charges and attorneys'fees incurred by any of them.
(c)lithe event of any default by the Grantors in the performance of any term,warranty,covenant,condi-
tion or obligation hereunder,the Lender may,at its option;advance or disburse funds for the performance of
such term,warranty,covenant,condition or obligation.The Grantors'shell reimburse the Lender for all such
monies advanced or disbursed by the Lender for performance of any defaulted term,warranty,covenant,con-
dition;or"obligation of the Grantors.
(d)All payments to be paid or reimbursed to the Lender by the Grantors as set forth in subparagraphs
(a),(b)and(c)above and all expenses,charges,counsel fees and other disbursements incurred by the'trustees,
or either of them,with respect to the administration and execution of the trusts hereby created and the perfor-
mance of their duties and powers hereunder(i)shall bear interest at the rate of eighteen(18%)per annum or
at the rate provided in the Note,whichever is greater,(ii)shall be due end payable immediately upon demand
and(iii)shall be secured by this Deed of Trust as a further charge and lien upon the Property and held to be'
a prior charge in the event of foreclosure. •
3. Incorporation of Statute.This Deed of Trust,unless otherwise specified herein,shall be construed under
and in accordance with and to incorporate by reference the terms of$65559 through 5540 of the Code of Virginia
of 1950,as amended,as its provisions are in force and in effect on the date of this Deed of Trust,with the
following and further understandings as in such sections provided:
2
•
gtydib ?AGM 6 3 0 leo 2211 PACE()036
EXEMPTION WAIVED.
RENEWAL,EXTENSION OR REINSTATEMENT PERMITTED.
IDENTIFIED BY SIGNATURE OF ONE TRUSTEE.
SUBJECT TO ALL UPON DEFAULT.
4. Substitution of Trustees.Any one of the Trustees hereunder may act at any time upon designation
by'the Lender.If the Lender,in its sole and absolute discretion,shall desire for any reason whatsoever to have
a substitute trustee or substitute trustees appointed,then the Lender is hereby authorized and empowered to
appoint,at any time and from time to time,by an instrument duly executed and acknowledged and filed for
recordation wherever this Deed of Trust is recorded,a substitute trustee or substitute trustees,in the place and
stead of one or more of those initially named herein or subsequently appointed by the Lender,which trustee
or trustees shall have all the rights,powers and authority and be charged with all the duties and responsibilities
that are conferred or charged upon the Trustees initially named herein.
5. Foreclosure.(a)Upon the occurrence of an Event of Default(as defined in the Note)and at the request
of the Lender,the Trustees shall sell the Property,or,if the Property shall consist of more than one parcel,
such parcel or parcels thereof as the Lender may select,for cub or upon such terms and conditions as they
may deem expedient.Such sale shall be at such time and place as they may consider advisable,at public auc-
tion,after having first given notice to the present owner of the Property as required by law.The Trustees shall
advertise the time,place and terms of sale at least three(3)times,which may be on three(3)consecutive days,
ins newspaper having general circulation in the county or city where the Property or any portion thereof lies.
Ont of the proceeds of any such sale,the Trustees shall(i)first,pay all the expenses attending the execution
• of this trust,including attorney's fees and auctioneer's fees,if any,and trustees'commission on the gross pro•
cels of sale at the rate of five percent(5%),(1i)second,discharge all taxes,levies and assessments,with costs
and interest if they have priority over the lien of this Deed of Trust,including the due pro rata portion thereof
for the current year,(iii)third,discharge in the order of their priority,any remaining debts and obligations
seFured by this Deed of Trust and any liens encumbering the Property,or any part thereof,which are inferior
toy this Deed of Trust,with Interest,and(iv)fourth,to pay the residue of the proceeds to the Granton or their
assigns.At any sale made under the terms Of this Deed of Trust,the Trustees may require a cash deposit from
the successful bidder of not more than ten percent(10%)of the final amount bid by the successful bidder.
(b) In the event that the Property is advertised for sale as herein provided,but not sold pursuant to such
advertisement,the Trustees shall be paid by the Grantors their actual expenses incurred,together with a com-
mission
mission not to exceed two percent(2%)of the unpaid principal amount of the obligation hereby secured.
(c) If,prior to or at the time of the sale,the Trustees shall deem it proper for any reason to postpone or
continue the sale,they may do so from time to time,in which event advertisement of the postponed sale shall
be in the manner as required by law.
6. Action of the finder.Without affecting,modifying,altering,releasing or limiting the liability of the
• Grantors or any person liable or who may become liable on the Note or who has endorsed,assumed,served
ar a surety for or guaranteed the obligation of the Note and without affecting,modifying,altering,releasing
or limiting the lien of this Deed of Trust or any.Loan Document,the Grantors agree that the following actions
nly occur at any time and from time to time,whether before,on or after the maturity of the Note,at the option
olf the Lender without further notice to or the consent of any party:(i)the maturity date of the Note or any
installments thereof maybe extended or renewed,in whole or in part,notwithstanding the fact that any exten-
signs or renewals may be for a period or periods equal to,less than or in excess of the original term hereof;
(i()any security for the Note may be Sold,released,exchanged,subordinated or otherwise impaired,whether
such security be taken at the time of the making of the loan evidenced by the Note or at some other time;(iii)
the terms and conditions of the Note and any other Loan Document may be modified or amended or new
documents substituted for any of them with the consent on the parties to such document(iv)any one or more
parties liable or who may become liable on the Note or any other Loan Document,or who have endorsed,assumed,
served as a surety for or guaranteed the obligation of the Note maybe released;(v)any indulgence or forebearance
Whatsoever regarding the Note,this Deed of Trust or any other Loan Document may be granted;and,(vi)the
Linder may fail to act with diligence or may delay in the collection or enforcement of the Note,this Deed of
Trust and the other Loan Documents.
7. Insurance(a)The Grantors shall provide and maintain continuously comprehensive,general liability
and indemnity insurance coverage as may be required from time to time by the Lender,in forms,amounts and
with companies satisfactory to the Lender,including coverage of the Lender as a named insured thereunder
and loss payable to the Lender as mortgagee,as appropriate.
(b)The Grantors shall provide and maintain continuously(i)fire and extended coverage Insurance of such
type or types and in such amounts as the Lender,may from time to time require,on the buildings and other
improvements now or hereafter on the Property,(ii)flood insurance,if required by the Lender and(iii)such
other insurance and coverage regarding the Property or any other security for the Note required by the Lender
is its sole and absolute discretion.
(c)The Grantors shall promptly pay when due the premiums on the policies referred to in subparagraphs
•
(a)and(b)above,and shall deliver the originals of all such policies,properly endorsed,to the Lender.All ia-
• surance shall be carried with companies approved by the Lender,and the original policies and all renewals
thereof shall be held by the Lender,shall be non-cancellable except upon thirty(30)days prior written notice
to the Lender and shall have attached thereto a mortgage clause satisfactory to the Lender,without contribu-
tion,in favor of and in form acceptable to the Lender.Not less than thirty(30)day*before the expiration date
• of each policy of insurance required pursuant to this Paragraph,the Grantors shall deliver to the Lender the
original renewal policy or policies marked"premiums paid"or accompanied by other evidence of payment
satisfactory to the Lender.In the event that the premiums on the policies referred to in subparagraphs(a)and
(b)above are not paid on or before their due date,the Lender shall have the right,but not the obligation,without
notice or demand to the Grantors,to pay the same or any of them.
3
•
. 1
BOK I 2 7. h P,l .
:BOOK 121 O.Pnsan 6 31
(d) In the event of a foreclosure of this Deed of Trust,or other transfer of title to the Property in extinguish-
ment of the indebtedness secured hereby,all the rights of the Lender in and to all policies of insurance assigned
and delivered to Lender shall pass to the purchaser or grantee.
8. Condition of the Property.The Grantors agree(i)that no building or other improvement on the Real
Estate shall be altered,removed,demolished or enlarged,nor shall any fixtures or appliances on,in or about
said buildings or improvements be severed,removed,transferred,sold or mortgaged,without the prior written
consent of the Lender,(ii)that they shall not permit,commit or allow any nuisance to exist on the Real Estate,
nor suffer waste,Impairment or deterioration of the Property,or any part thereof,nor allow any nuisance to
exist thereon;(iii)that they shall keep and maintain the Property and every part thereof including all buildings,
fixtures,machinery and appurtenances in good end thorough repair and condition,shall effect such repairs
as the Lender may reasonably require,and from time to time,shall make all needful and proper replacement
so that said buildings,fixtures,machinery and appurtenances shall,at all times,be in good condition,fit and
proper for the respective purposes for which they were originally erected or installed;(iv)that they shall not
materially change the use of the Property from the use thereof on the date of this Deed of Trust;and;(v)that
they shall comply with all statutes,orders,ordinances,laws,regulations,requirements or decrees relating to •
the Property by any federal,state or municipal authority and observe and comply with all conditions and re •
-
quirements necessary to preserve and extend any and all rights,licenses,permits(including but not limited
to zoning variances,special exceptions and non-conforming uses),privileges,franchises and concessions which
are applicable to the Property or which have been.grented to or contracted for by the Grantors in connection
with any existing or presently contemplated use of the Property.
9. Other Liens.The Grantors agree to keep the Property free from any and all statutory liens,including, •
without limitation,mechanics'and materialmen's liens,and to pay before delinquency and before any penalty •
or interest for non-payment attaches all taxes,assessments,water rates,sewer rents and other governmental, •
public or municipal chargee,dues,fines or impositions and any prior liens now or hereafter assessed or liens
on or levied against the Property or any part thereof,and in case of default in the payment thereof when the
same shall be due and payable,the Lender shall have the right,but not the obligation,without notice or demand
to the Grantors,to pay the same or any of them.Upon request of the Lender,the Grantors shall exhibit to the
Lender receipts for the payment of all such items prior to the date when the same shall become delinquent.
"NOTICE—THE DEBT SECURED HEREBY IS
SUBJECT TO CALL IN FULL OR THE TERMS
THEREOF BEING MODIFIED IN THE EVENT
• OF SALE OR CONVEYANCE OF THE PROP-
ERTY CONVEYED."
10. Due on Sale or Transfer.The Grantors hereby acknowledge that(i)the identity of the Grantors were
and continue to be material circumstances upon which the Lender has relied in connection with,and which
constitute valuable consideration to the Lender for,the making of the loan evidenced by the Note and(ii)any
change in such identity could materially impair or Jeopardize the security for the payment of the indebtedness
evidenced by the Note granted to the Lender by this Deed of Trust.Therefore,in the event of a transfer of an
interest in the Property without the prior written consent of the Lender,which consent shall be in the Lender's
sole and absolute discretion,the Lender at its option,may declare all sums secured by this Deed of Trust to •
be immediately due and payable or waive such default and deal with such successor or successors in interest •
in the same manner as with the Grantors,without in any way releasing,discharging or otherwise affecting
the liability of the Grantors hereunder or for the indebtedness hereby secured.Any change in the legal or equitable
title of the Property or in the beneficial ownership of the Property,whether or not of record and whether or
not for consideration,and any sale,transfer,encumbrance or other disposition of any stock of the Grantors
(if the Grantors are a corporation)or any sale,transfer,encumbrance or other disposition of any partnership
interest in the Grantors(if the Grantors area partnership)shall be deemed a"transfer of an interest in the Prop-
erty."Without limiting the generality of the foregoing,a"transfer of an interest in the Property shell also be
deemed to have occurred if the Grantors shall sell,assign,transfer,convey,mortgage,encumber,lease or other-
wise
therwise dispose of or alienate the Property,or any part thereof or any interest therein,whether voluntarily,in •
-
voluntarily or by operation of law,or engage in subordinate financing with respect thereto prior to the satisfac-
tion of this Deed of Trust or if the Grantors are a corporation or a partnership,the Grantors shall fail to main-
tain at all times their existence Or shell amend or modify their articles of incorporation or partnership agree-
ment,as the case may be,or shall sell,transfer,dispose of or encumber any stock or partnership interest,as
the case maybe.No sale of the Property,no forbearance on the part of the Lender,no extension of the time
for the payment of the indebtedness secured hereby or any change in the terms thereof consented to by the
Lender shall in any way whatsoever operate Jo release,discharge,modify,change or affect the original liability
of the Grantors named herein,either in whole or In part,nor shall the full force and effect of this Deed of Trust
be altered thereby. •
11.Tax and Insurance Escrow.Upon the request of the Lender,the Grantors shall make monthly deposits
with the Lender in a non-interest bearing account in an amount equal to(I)one-twelfth(1112)of the yearly taxes
and assessments which may be levied against the Property,and(ii)one-twelfth(1112)of the yearly premiums
for insurance which the Grantors covenant to maintain under the terms of this Deed of Trust.In the event the
Property is a part of a larger tract for purposes of taxes and assessments,the Lender may require the Grantors
to have the Property taxed and assessed as a separate parcel,or in the alternative,to make monthly deposits
in an amount equal to one-twelfth(1112)of the yearly taxes and assessments which may be levied against such
larger tract.All such deposits shall be made in such amounts that the Lender shall have such tax and insurance •
•
payments in hand at least thirty(30)days prior to the due dates thereof.Upon the occurrence of an Event of
Default,as defined in the Note,all such escrows of taxes and insurance,at the option of the Lender,shall be
applied to any amount advanced or disbursed on behalf of the makers of the Note pursuant to the terms thereof
and on behalf of the Grantors pursuant to the terms of this Deed of Trust,then to interest then due and unpaid,
4
•
2 I 0 PAM) 3 2 'BOOK 1214 PACE •ft
and thereafter to principal owing thereunder.The Grantors hereby authorize the Lender,or its designee,to
request and receive from the treasurer of any city,county or other governmental entity assessing taxes,levies,
assessments or other charges against the Property,or any part thereof,any bills or statements regarding such
taxes,levies,assessments or other charges.
12. Daniels and Destruction.If the Property or any part thereof is damaged by fire,flood,or any other
hazard against which insurance is held,the Grantors shell immediately notify the Lender of the nature and
extent thereof.The amounts paid by any insurance company pursuant to any contract of insurance shall,to
the extent of the indebtedness secured hereby then remaining unpaid,be paid to the Lender notwithstanding
the fact the amount owing thereon may not then be due and payable or that the indebtedness is otherwise ade-
quately secured.Such amounts,in the sole and absolute discretion and option of the Lender,may be applied,
in whole or in part,to the payment of such indebtedness in the inverse order of maturity or released to the
Grantors for the repairing or rebuilding of the Property under terms and conditions acceptable to the Lender.
The Grantors hereby authorize the Lender,at its option,to collect,adjust and compromise any losses under .
any of the insurance aforesaid end after deducting costs of collection,including,but not limited to,its attorneys'
fees to apply the proceeds as aforesaid. •
13. Condemnation.The Grantors,immediately upon obtaining knowledge of the initiation of rpro-
ceeding for the taking,whether the same is temporary or permanent,or damaging by or for any publiE improve-
ment,condemnation proceed ng or for the exercise of any power of eminent domain,or deed in lieu thereof,
of the Property or any part thereof,shall notify the Lender of such proceeding and shall deliver to the Lender
t. copies of any and all papers served in connection with such proceeding.The Lender shall have the right,at
1 its optipn,to participate in such proceeding at the expense of the Grantors(including,without limitation,the
Lender's attorneys'fees)and the Grantors shall execute such documents and take such other steps as may be
•
required by the Lender to permit such participations.In the event the Property or any part thereof is taken
or damaged by or for any public improvement,condemnation proceeding,or by the exercise of any power of `•.
eminent domain,the entire award or consideration given or paid therefor shall be paid to the Lender,and the i
Lender is hereby empowered in the name of the Grantors to receive and give acquittance for such award or
consideration or any judgment therefor or thereon whether it be joint or several.The entire amount of such
award shall be applied by the Lender to the reduction of the indebtedness secured hereby in the inverse order
•
of maturity,notwithstanding the fact that the amount owing thereon may not then be due and payable or that
the indebtedness is otherwise adequately secured,or the Lender at its option,may waive such application and
pay such award or consideration,or any part thereof,over to the Grantors.The Grantors agree to execute and '
deliver,from time to time,such further instruments as may be requested by the Lender to confirm such assign-.
ment to the Lender of any such award,payment or proceeds.
•14. Access to the Property.The Lender and any persons authorized by the Lender shall have the right 1
„
to enter and inspect the Property at ell reasonable times without notice. deliver and record sprier
15. Further Assurances.,Upon request,the Grantors shall execute,acknowledge,
file Inch further instruments and do such further acts as may be necessary,desirable or proper to carry out
more effectively the purposes of this Deed of Trust and the other Loan Documents and to subject to the liens •
• and security interests thereof any property intended by the terms thereof to be covered thereby,including
•
specifically, The Grantorsut t limitation,hallay ally renewals,such recording,filing re-recording antions,substitutions, d re-filling'taxappurtenances
s Be and other
the Property. pay
charges,including those for security interest searches.
16. No Waiver.Neither any course of dealing by the Trustees or the Lender nor any failure or delay on
their part to exercise any right,power or privilege hereunder shall operate as a waiver hereof;nor shall any
single or partial exercise of any right,power or privilege preclude any other or future exercise thereof or the
exercise of any other right,power or privilege.
17. Maximum Interest RatelApplcatian of Provisions.No provision of this Deed of Trust,the Note or
the other Loan Documents or any transaction related hereto or thereto shall require the payment or permit the
collection of interest or any other amount in excess of the maximum permitted by applicable law.If any excess
of interest or any other amount in such respect is herein or in the Note provided for,the Grantors shall not •
be obligated to pay such interest or any other amounts in excess of the amount permitted by applicable law,
and the right to demand the payment of any such excess shall be and hereby is waived,and this provision shall
control any other provision of this Deed of Trust.If any term or provision of this Deed of Trust or an applica
tion thereof to any person or circumstance shall be invalid or unenforceable to any extent,the remainder of i
this Deed of Trust,or the application of such term or provision to persons or circumstances other than those
as to whom or which it is held invalid or unenforceable,shall not be affected thereby and each term and provi-
sion of this Deed of Trust shall be valid and enforceable to the fullest extent permitted by law.
18. Notice.Except as otherwise required by law,all demands,notices,approvals,consents,requests and
other communications hereunder shall be in writing and shall be deemed to have been given when delivered
in person,or mailed by registered or certified mail,postage prepaid,return receipt requested,or sent by Federal
Express(or other commercial express delivery service advertising delivery on the next business day)ad-
dressed:(a)if to the Lender to Home Beneficial Life Insurance Company,3901 West Broad Street,Richmond,
Virginia 23230(or Post Office Box 27572,Richmond,Virginia 23201)Attention:Mortgage Lending Department;
or(b)if to the Grantors to:
3045 Waverly Drive, Charlottesville, Virginia 22901
The Grantors and the Lander may designate,by notice given as provided for in this paragraph or as otherwise .
required by law,any further or different addresses to which subsequent demands,notices,approvals,consents,
requests or other communications shall be sent or persons to whose attention the same shell be directed.
19. Rights and Remedies Cumulative.The rights and remedies arising under and contained in this feed •
of Trust shell be separate,distinct and cumulative and none of them shall be in exclusion of the other;all remedies
5
1
Boa(1210 Pt0 6 3 3
illid kiiij
BOK 1224 PAM)fl
arising under or contained in this Deed of Trust shall be in addition to every other remedy now or hereafter
existing at law,in equity or by statute.
20. Construction.The covenants and agreements herein contained shall bind,and the benefits shall in-
ure to,the respective heirs,legal and personal representatives,executors,administrators,successors and assigns
of the parties hereto.Whenever used,the singular shall include the plural,the plural the singular,and the use
of any gender shall include all other genders.As used in this Deed of Trust,the term"Lender"shall mean
the lender named herein,any future payee of the indebtedness evidenced by the Note and any transferee of
of Trust ere
f r otherwise.Note,whether by operation of law or convenience of reference only and are notconsidered aheadingse part hereof and
rashall p paragraphs
of rlimit orotherwise affect
any of the terms hereof.
WITNESS the following signatures end seals: f
.4 I.-. 4 (SEAL)
o - tJ. Ki FOP' •
4/ , _ 411. . _ (SEAL)
Ma gar-1 A. King
STATE OF Virginia
ountY_.__OF Alhnmarlo to-wit:
The foregoing instrument was acknowledged before me in my Jurisdiction aforesaid this_JAL day
ofMarch -.1992 by Robert J. Kine and Margaret A. King
Notary
li
. Shay'aa of��� �1 Public- n
My Commission expires the 3' Y 19 CA
I S'L'ATE OF
_ OF ,to-wit:
The foregoing instrument was acknowledged before me in my Jurisdiction aforesaid this day .�
{
of —.19 by O
o
Notary Public t
�
My Commission expires the day of--__.19-.
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: i
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE Atalu , IS morn= 1
/PC) RECORD ON m O.A(h lb ,19q a , ATO'CLOCK N.
•
STATE TAX $ 354.50(039)
LOCAL TAX $ 11/.50(213) •
VSLF�� FEE $ 1. 06(145)
CLERK'S FEE $--A0.1--(301)
pLhT $
SEC.58.1-802: TESTES
STATE TAX ;_ (038) J• • L'CLEEK
LOCAL TAX $ (220) �,�(�
(223)
Lt)G1L TAX $... DEPUTY CLERIC
TOTAL $ 1-/85.0°
a
._..+._
II
THIS 6ERTIFIES THAT ON r'o/y/r` I SURVEYED THE PROPIA S 1 -N "F.REON, AND THE TITLE LINES
AND IMPROVEMENTS ARIHO. ON THIS PLAT. V u, ,VA. NO. 1447
LOT 67 /
Rets *maw lWOFOUND A% j
I
. m
. F.1
:`J
•
LOT 65 .
-o
7
LOT 63 '�,. 40 O
t.
WT 64
TX 42 MR 227
2.252 ACRES
/ 40er
o
22 _
sit—r-- /
1+a !I JY"40af E / / / /
•
.'-- /
` . : � 07
I 1 1 t
, t
ry, I ' ,
_ -j ...i._ — 'y O"/ LOT 58
p p7t 4r
i
ILOT 59DUILECT PROPERTY LEO IHTHM 1W MOO ZONE O:
ear A FIA00 IfAL1Ro AREN
PLAT SHOWING PHYSICAL SURVEY OF
40,14.Ta 04,
�t� (0AtH1 LOT 64
! • $GARY M.WIIELAN
No.1443
WAVERLY
ALBEMARLE COUNTY VIRGINIA
Gary M. Wh•lan
Lead Surveyor SCALE: r.SO' JULY 20, 1990
6AorlolleIviIle, VlrOlnlo
,
11993
(10)
OK I 22 4 PAGED 0 4 1
VIRGINIA: IN THE CLERK'S OFFICE OF TSB CIRCUIT COURT Of Aralwauk
THIS MOUS PRESENTED, AND NITS asearraws ANNEXED, IS ADMITTED
TO RECORD OM ______024-11-493L. AT IL.. O'CLOCK
STATE TAX $_---------(039)
LOCAL TAI
TRANSFER PEE $ (212)
VSLF $----17WW--(145)
cr. 's FEE $ i4 .") (301)
PLAT
• SEC.58.1-802: TESTI:
MATE TAX $__(038) smor J.MARSEALL,CLIEN
LOCAL TAX $__________(220)
LOCAL TAX $__________(223) BY: /A- 'I. 1244i.
TT 14 7 4-
TOTAL
1111111
fir/ 'sr/
ersl3 °s^ I04 005/26
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
THIS DECLARATION OF PROTECTIVE COVENANTS AND RESTRIC-
TIONS made and entered as of the 21st of April, 1993, by
JEFFERSON NATIONAL BANK, a national banking association (the
"Declarant") .
RECITALS
R-1. Declarant is the owner of certain property
located in Albemarle County, Virginia, consisting of two parcels,
Parcel 1-A-1 (2.3258 acres) and Parcel 1-A-2 (1.6742 acres), more
particularly described on the subdivision plat labeled Exhibit A
and attached hereto (hereinafter sometimes referred to as the
"Property") .
R-2. Declarant desires to provide for the preservation
and enhancement of the Property and for the maintenance of the
real estate and improvements thereon, and to this end desires to
subject the Property to the covenants, restrictions, easements,
charges and liens hereinafter set forth.
NOW, THEREFORE, WITNESSETH:
That Declarant hereby declares that the Property
described on Exhibit A and any additional property that may
subsequently be subjected to this Declaration by Declarant is and
shall be held, transferred, sold, conveyed and occupied subject
to the covenants, restrictions, easements, charges and liens
hereinafter set forth. In the event that Declarant subjects •
additional land to this Declaration, the term "Property" shall
include such additional land. This Declaration shall run with
the land and every part thereof and shall be binding upon and
160 '001.10
Br. 130F.,7;1105
inure to the benefit of all owners, lessees, licensees, occupants
and their successors as set forth in this Declaration.
ARTICLE 1
1.1 PURPOSE. It is the purpose of this Declaration to
assure the orderly and attractive maintenance of the Property in
an efficient and harmonious manner. The Property, together with
a residue of approximately 22.6372 acres, has been subject to a
certain Declaration and Maintenance Agreement dated July 14, 1988
and recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia (the "Clerk's Office') in Deed Book
1006, page 737 (the "Prior Maintenance Agreement"). Declarant
hereby vacates and releases the maintenance obligations set forth
in the Prior Maintenance Agreement, the intent being to
substitute the terms of this Declaration for maintenance scheme
set forth in the Prior Maintenance Agreement. This Declaration
is intended to complement the Albemarle County Zoning Ordinance
and other local and state government regulations and ordinances,
and where conflicts occur, the more rigid requirement shall
prevail.
ARTICLE 2
2.1 PROHIBITED USES.
(a) No portion of the Property shall be used for
any use other than those listed in.a certain deed dated April 1,
1987, between Woodbriar Associates, Ednam Corporation, Caleb N.
Stowe and Lynn W. Stowe, husband and wife, recorded in the
Clerk's Office in Deed Book 929, at page 730, including uses
2
et: I30 "7 0106
accessory thereto, unless prior written approval is obtained from
the Declarant.
(b) No communication towers, satellite earth
stations, dish antennae, or exterior radio/TV antennae shall be
permitted without the prior written consent of the Declarant.
(c) Approval from any public agency notwithstand-
ing, no operation will be permitted which creates objectionable
noise, smoke, odors or which in any other way, in the opinion of
the Declarant, will 'constitute a nuisance or degrade the value of
the real estate within the Property.
(d) No rubbish or debris of any kind shall be
placed or permitted to accumulate upon or adjacent to any parcel
within the Property, except in approved waste containers in
screened areas in locations at the rear or sides of buildings
approved by the Declarant.
ARTICLE 3
DEVELOPMENT STANDARDS
3.1 `PLAN APPROVAL REOUIRED. No building or other
permanent or temporary improvement shall be constructed, erected,
placed, altered, added to, maintained or permitted to remain on
the Property until the plans therefor shall have been submitted
to and approved in writing by the Declarant.
3.2 VEHICULAR PARKING.
(a) On-Site Parking Required. The owner of each
separate parcel of land within the Property shall provide
adequate vehicular parking on such owner's parcel capable of
3
s" 131) ?1) 10 7
accommodating the reasonable parking needs of its employees,
visitors and company vehicles. No use or activity shall be
permitted on any parcel within the Property unless adequate
parking is provided on the parcel for such use or activity.
(b) Off-Site Par]tinq. Each owner or occupant of
any parcel shall use its best efforts to prevent its employees,
lessees, agents, contractors, customers and visitors from parking
on any road used in common with the other owners of parcels
within the Property. The Declarant shall have the right to cause
vehicles parked on any such common roads within the Property to
be removed by towing or otherwise to a licensed garage for
storage until called for by the owner of the vehicle or his
agent, provided that notice of such action shall first or
simultaneously therewith be given to at least one of the local
law-enforcement officers. In the event of such removal or
storage, the owner of the vehicle involved shall be chargeable
with and the said vehicle may be held for a reasonable charge for
its removal and storage.
3.3 OUTSIDE STORAGE. No outside storage of any type
will be permitted without written approval of the Declarant.
When such approval is given, the outside storage area shall be
totally enclosed with a screen approved by the Declarant so that
storage is not visible from the neighboring buildings or property
or private roads.
3.4 SIGNS AND GRAPHICS. All signs of every nature
shall be uniform and consistent with the overall development of
4
•
er. I30 0108
the Property and subject to the prior written approval of the
Declarant as to size, shape, color, material, design, wording and
location.
3.5 UTILITIES
(a) Reservation of Utility Easements. Declarant
shall have the right to create at any time by recordation of an
appropriate instrument at the Clerk's Office, temporary or
perpetual easements for the purpose of locating, installing and
maintaining utility and drainage lines, and the right of access
to said easement areas for construction, utility maintenance and
emergency vehicles, over, under, or across any and all lands
within the Property, except for building locations. The Declar-
ant shall have the right to assign the benefit of any such
eaiement to any electric company, gas company, telephone company,
cable television company, communication company, Board of Super-
visors of Albemarle County, Albemarle County Service Authority,
or'other public utility or to the Commonwealth of Virginia, or
any subdivision thereof for the purpose of installing, operating
and maintaining utilities provided, however, that the party that
directs any entry upon said land under any such easement shall
restore said land, at such party's own expense, to as nearly as
practicable the same condition as existed prior to each such
entry, installation or maintenance.
(b) Declarant specifically reserves the right to
extend the existing 20' sanitary sewer easement located on Parcel
5
4,11,00
BK 13 0'Pr;010 9
1-A-2 to serve the Property and adjacent parcels of land which
may be developed in the future.
3.6 MAINTENANCE. No building or other improvement on
the Property shall be permitted by its Owner or occupant to fall
into disrepair, and each such building and other improvement
shall at all times be kept in good condition and repair, properly
maintained and adequately painted or otherwise finished, clean
and safe. All asphalt or concrete paved surfaces shall be
resurfaced or sealed as needed and all fractures, cracks and
potholes shall be promptly repaired.
ARTICLE 4
PRIVATE ROADS
4.1 PRIVATE ROADS. As an appurtenance to each of the
parcels within the Property, there is hereby created a perpetual,
but non-exclusive, easement for purposes of ingress and egress
Over the Private Road shown on Exhibit A. Declarant,may create
additional private roads in the future for the benefit of parcels
within the Property, their owners and occupants. (The Private
Road, and any future roads designated by Declarant for the
Property are referred to herein as the "Roads") . Notwithstanding
• the foregoing, and notwithstanding anything contained on Exhibit
A suggesting the contrary, Parcel 1-A-2 shall be restricted to
the use of the 50' non-exclusive access easement at the eastern
edge of the Property. Until such time as additional land is
added to the terms Of this Declaration, the owners of Parcel 1-A-
i
6
11
Sol
BK 130 r,PG01 10
2 shall have the exclusive responsibility of maintaining said 50'
access easement and the Declarant shall have the exclusive
responsibility of maintaining the Private Road. No parking
easement for the benefit of Parcel 1-A-2 is intended by the
recording of Exhibit A.
4.2 MAINTENANCE SCHEDULE. At Declarant's option, and
in the event that additional land is added to this Declaration,
the Declarant may provide that an owners association shall
maintain all Roads in the Property, other than publicly dedicated
and accepted Roads, including all repair, improvements, snow
removal and other work as necessary to properly maintain the
Roads in good condition. Subject to the limitations set forth in
4.1 above, the maintenance fees for the Roads shall be collected
through a regular annual assessment, as defined in Article 5.
The cost of construction, maintenance, upkeep or replacement of
the Roads will not be borne by Albemarle County, Virginia, the
Commonwealth of Virginia, or any other public agency, unless the
Roads are accepted into the state road system. Nothing contained
herein shall create any interest of the public in such Roads
unless and until they are accepted into the State Road System.
There is no present intent to dedicate any of the Roads for
public use.
4.3 STORM WATER DETENTION. As an appurtenance to the
parcels within the Property, there is hereby created a perpetual
non-exclusive easement for storm water detention within the area
7
1111100
6K 3.n'r OIii
so depicted on plat recorded in the Clerk's Office in Deed Book
1006, page 739 (the "Storm Water Easement") .
ARTICLE 5
ADMINISTRATION
5.1 AUTHORITY. This Declaration shall be administered
by the Declarant, who may assign any or all of such
administration to an owners association (the "Association") made
up of owners of parcels within the Property.
5.2 PROPERTY OWNERS ASSOCIATION.
(a) getablishment of Association. The Declarant
reserves the option of establishing the Association which, if
created, shall be a non-profit organization incorporated in the
Commonwealth of Virginia for the purposes hereinafter set forth.
(b) Membership. The owner (which shall include,
in addition to the record owner, in fee simple, lessees under
ground leases with terms in excess of ten (10) years) of each
parcel within the Property shall be a member of the Association,
and shall be bound by the Association's bylaws. Each member's
proportionate voting power shall be based upon the sum of the
square foot of area in a member's parcel as a percentage of the
sum of the total allocable building area of all parcels in the
Property. When more than one person holds an interest in any
parcel, all such persons shall be members and the vote for such
property shall be exercised as they among themselves shall
determine. The person who shall be entitled to cast the vote of
8
61: 13.0" ' '? 112
the owners of such parcel shall be the person (who may be the
agent of the owners) named in a certificate executed by all of
the owners of the parcel and filed with the secretary of the
Association; however, in the absence of such named person from a
meeting, another owner of such parcel who is present at the
meeting shall be entitled to cast the vote for such member,
unless otherwise provided in the certificate.
(c) board of Directors. The members of the
Association Board of Directors shall be elected by the members of
the Association, in accordance with the bylaws of the Asso-
ciation.
5.3 DUTIES AND FUNCTIONS OF ASSOCIATION.
(a) Subject to the provisions of its bylaws, the
Association may assume such duties and functions of the Declarant
provided herein once such duties and functions have been
specifically transferred to the Association by the Declarant.
Other functions of the Association shall include, but not be
limited to, maintenance of all Roads and the Storm Water
Basement, including snow removal, construction, operation and
maintenance, and administration and enforcement of this
Declaration.
(b) Subject to the provisions of its bylaws, the
Association may also assume responsibility for snow removal from
the Roads within the Property.
(c) The Association shall, upon demand, and fOr a
reasonable charge, furnish to any owner or person holding
9
BK 1311`)MO 113
indebtedness secured by a deed of trust or mortgage on any
portion of the Property (a "Mortgagee") a certificate signed by
an officer of the Association stating whether the assessments and
charges on a specified parcel have been paid. A properly
executed certificate of the Association as to the status of
assessments and charges on a parcel is binding upon the
Association as of the date of its issuanoe.
5.4 COVENANT FOR ASSESSMENTS.
(a) The Declarant hereby covenants and each owner
by acceptance of a deed of real estate within the Property is
deemed to covenant and agree to pay the Declarant, or if the
responsibility is assigned to it, to the Association:
(i) annual general assessments or charges
for the performance of the duties and
functions of the Association as set forth in
paragraphs (a), (b), and (c) of Section 5.3;
and
(ii) special assessments for any capital
improvements, but the amount of the special
assessments for capital improvements on the
Roads, the Storm Water Easement or any other
easement areas in any year shall not exceed
the amount of the general assessment for that
year without the assent of members owning
fifty-one percent (51%) of the total square
foot area in all parcels.
10
Sire
eK130S°',11 14
(b) Each member's annual general assessment or
charges and special assessment for capital improvements shall be
apportioned, based upon the sum of the square footage of area in
a member's parcel as a percentage of the total area within all
the Property; provided, however, that vacant parcels (including
parcels on which no certificate of occupancy has been issued for
any portion of the parcel) shall be assessed at the rate of
twenty-five percent (25%) of the annual assessment or special
assessment for capital improvements as the case may be.
5.5 LIABILITY FOR ASSESSMENTS. The annual assessments
and special assessments for capital improvements, and other
charges provided in this Declaration, together with such interest
thereon and costs of collections thereof, as hereinafter
provided, shall be a charge on the land and any improvements
thereon and shall be a continuing lien upon the parcel against
which each such assessment is made. Each such assessment,
together with interest, costs and reasonable attorney's fees,
shall also be the personal obligation of the person who was the
owner of such parcel at the time when the assessment fell due.
5.6 REMEDIES OF THE DECLARANT. OR THE ASSOCIATION. IN
EVENT OF DEFAULT. If any assessment or charge is not paid within
thirty (30) days after the due date, the assessment or charge
shall bear interest from the due date at the rate of eighteen
percent (18%) per annum. To evidence the lien upon the parcel
against which such assessment was made, the Declarant, or the
Association as the use may be, shall prepare a written notice
11
(1100
6i: 1 �(j ,or0 1 15
(the "Lien Notice") setting forth the amount of such unpaid
assessment, the name of the owner of the parcel and the legal
description of the parcel. The Lien Notice shall be signed by
the Declarant, or an officer of the Association and shall be
recorded in the Clerk's Office after having been mailed not less
than thirty (30) days prior to such recording to the owner or
reputed owner of the parcel. The Association may bring an action
at law against the owner personally obligated to pay the same to
collect such indebtedness and to enforce the lien against the
property; and interest, costs and reasonable attorney's fees of
any such action, including the filing of the Lien Notice, shall
be added to the amount of the assessments and charges due. No
owner may waive or Otherwise escape liability for the assessments
or charges provided for herein by non-use of the Roads or
abandonment of his parcel.
5.7 SUBORDINATION OF LIEN TO MORTGAGES. The lien of
the assessments and charges provided for herein shall be subordi-
nate to the lien of any deed of trust or mortgage on a parcel
within the Property made in good faith and for value. Sale or
transfer of any parcel of land shall not affect the assessment
lien. However, the sale or transfer of any parcel of land
pursuant to a foreclosure, or any deed or assignment in lieu
thereof, shall extinguish the lien of such assessments and
charges as to payments thereof which became due prior to such
sale or transfer. No sale or transfer shall relieve the grantee
12
•
Bxl30PG0116
from liability for any assessments and charges which thereafter
become due or from the lien thereof.
ARTICLE 6
PURATION. MODIFICATION ,AND REPEAL
6.1 pURATION OF PROTECTIVE COVENANTS. This Declara-
tion shall continue and remain in full force and effect at all
times with respect to the Property and each part thereof (sub-
ject, however, to the right to amend, vacate and repeal as
provided for herein) for a period of twenty (20) years from the
date of recordation of this Declaration in the Clerk's Office,
and shall be automatically extended thereafter for successive
periods of ten (10) years each, subject to termination as
proiVided below.
6.2 TERMINATION AND MODIFICATION. This Declaration,
or any provisions hereof, may be terminated, modified or amended,
or this Declaration may be vacated as to a portion of the Prop-
erty, with the written consent of the owners of at least seventy-
five percent (75%) of the total square feet of area in all the
Property; provided, however, that so long as Declarant owns at
least 50% the Property, no such termination, amendment or
modification shall be effective without the written approval of
Declarant. Further, such termination, modification or amendment
of this Declaration shall be effective until a written instrument
setting forth the terms thereof has been executed by the owners
of at least seventy-five percent (75%) of the square feet of the
13
.
/1
OKI 305Ft;01 17
total area in all the Property and said instrument has been
recorded in the Clerk's Office provided, however, that any part
of the Property may be dedicated or conveyed for public streets
or other public use free and clear of this Declaration by
execution and delivery of a deed by the owner to the appropriate
governmental body.
ARTICLE 7
MISCELLANEOUS
7.1 NOTICE. Any and all notices or other communica-
tion required or permitted by this Declaration or by law to be
served on or given to Declarant shall be in writing and shall be
deemed duly served and given when personally delivered, or in
lieu of such personal service, when deposited in the United
States mail, first class, postage prepaid, certified or regis-
tered mail, return receipt requested, addressed to Declarant as
follows:
Jefferson National Bank
123 East Main Street
Charlottesville, Virginia 22902
Attention:
For purposes of this paragraph, Declarant may change
its address by a notice of change of address to each owner within
the Property and to each Mortgagee requesting said notice of
whose address the Declarant has been notified in writing. Notice
to any owner, or to the lessee, licensee, or occupant holding
under,any owner or to any Mortgagee shall be deemed duly served
when personally delivered to the person to whom it is directed,
or in lieu of such personal service, when deposited in the United
14
; stool
BK 1306PG° 118
States mail, first-class postage prepaid, certified or registered
mail, return receipt requested, addressed to (i) the owner at the
address as shown in the Albemarle County tax records, and to such
other address or addresses as designated by the owner, in writing
to the Declarant and the Association; and (ii) to the Mortgagee
at'the address as designated by the Mortgagee in writing to the
Association and the Declarant.
7.2 INTERPRETATION. This Declaration shall be
interpreted for the mutual benefit and protection of the owners
and occupants of the Property and in furtherance of the basic
goals of this Declaration. Any discrepancy, conflict or
ambuity which may be bound herein shall be resolved and
determined by the Declarant and, in the absence of an
adjudication by a court of competent jurisdiction to the
contrary, such resolution and determination shall be final.
7.3 CAPTIONS. The paragraph headings and captions
appearing in this Declaration are inserted only as a matter of
convenience and for reference and in no way limit or otherwise
affect the scope, meaning or effect of any provisions of this
Declaration. Masculine singular pronouns are used only as a
matter of convenience and shall be used to include persons of any
gender or number.
7.4 GOVERNING LAW. This Declaration and rights of the
owners of the land within the Property shall be governed by the
laws of the Commonwealth of Virginia.
15
1100
sK 130G°6O I lei
IN WITNESS WHEREOF, the parties hereto have caused this
Declaration to be executed on their behalf by their duly
authorized representatives.
JEFFERSON NATIONAL BANK
B�'� (SEAL)
Its: V/ /Dow7
STATE OF VIRGINIA�wn
(� OF Cf264a2/4(41// ss.
The foregoing instrument was acknowledged before Tme
this �v t`, day of " , 1993 by (0a x. �0
/1 dor.,. , v-es
as VLAA... 11moul..4 of Jefferson National Bank.
Notary Public
(SEAL)
My commission expires: 5- 3I , 1925 •
. 16
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BK 1306PG0122
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBRMARLE:
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED
To RECORD ON MI I `1 ,19(1-3, AT (1:112,1 o'CLOCK A N.
ST iTE TAX $ (039)
LOCAL TAX ; (213)
TRANSFER FEE $ (212)
VSLF $----1701 (145)
CLERK'S FEE $ 014.00 (301)
PLAT $ 4.0(3
SEC.58.1-802: TESTE:
STATE TAX $ (038) SHELBY J.MARSHALL,CLERK
LOCAL TAX (220)
LOCAL TAX $ (223) BY: (4\m‘
DEPUTY CLERK
TOTAL $ a 9 oC)
•
I
S 1
I
*4.00 s.4011
8K1529PG0652 003350
FIRST AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
THIS FIRST AMENDMENT TO DECLARATION OF PROTECTIVE
COVENANTS AND RESTRICTIONS made and entered as of this ,day
of March, 1996, by JEFFERSON NATIONAL BANK, a national banking
association (the "Declarant").
RECITALS
R-1. By Declaration of Protective Covenants and
Restrictions dated April 21, 1993, recorded in the Clerk's Office
of the Circuit Court of Albemarle County, Virginia in Deed Book
1306, page 104, (the "Declaration"), the Declarant subjected to
certain covenants and restrictions all that certain property
described as Parcel 1-A-1 and Parcel 1-A-2 on "Subdivision Plat
of Parcels 1-A-i and 1-A-2, a Division of Tax Map 32 Parcel
19B1 dated February 12, 1991, and prepared by Thomas B. Lincoln
Land Surveyor, Inc. (together, "Parcels i-A-i and 1-A-2") . •
R-2. The Declaration provides that Declarant may at
its option, subject additional land to the covenants and
restrictions contained within the Declaration. It is now the
Declarant's intent to subject all that certain property known as
Lot 1, containing 2.00 acres, ("Lot 1"), and shown as such on
that certain "Subdivision Plat Showing Lot 1, A Division of
Parcel 19B Tax Map 32, Near Charlottesville-Albemarle Airport,
Rivanpa District, Albemarle County, Virginia", prepared by
Roudabush, Gale & Assoc., Inc., dated March 19, 1996, attached to
and made a part of this instrument.
NOW, THEREFORE, WITNESSETH:
1. That Declarant hereby declares that Lot 1 be
subjected to the Declaration and shall be held, transferred,
sold, conveyed and occupied subject to the covenants,
restrictions, easements, charges, and liens contained therein.
Lot 1 shall be included within the term "Property", as defined in
the Declaration. The Declaration, as amended by this Amendment,
shall run with the land and every part thereof and shall be
binding upon and inure to the benefit of all owners, lessees,
licensees, occupants and their successors as set forth in the
Declaration.
2. Declarant continues to reserve its option to create
an owners' association for the purpose of maintaining Roads and
other common improvements on the Property. Until such time as an
owners' association is formed however, Declarant shall maintain
the Roads and other common improvements and shall be entitled to
collect assessments for such maintenance by using the method for
assessments contained in Sections 5.4 through 5.7 of the
Declaration.
1
OK 1529P60653
3. The owners of Parcel 1-A-2 shall continue to have
the exclusive responsibility to maintain the 50' access easement
as provided in Section 4.1 of the Declaration.
.4. The Notice provision of 7.1 of the Declaration
shall be amended to provide that all notices to the Declarant
shall be to the attention of Mr. Walter A. Pace, Vice Chairman,
at the address set forth in Section 7.1.
IN WITNESS WHEREOF, the Declarant has caused this
Amendment to be executed by its duly authorized representative.
JEFFERSON NATIONAL BANK
By ade &J` - EAL)
Its:•'j/ p
STATE OF VIRGINIA
) ss.
CAL. OF Ci,allu0 It * )
The foregoing instrument was acknowledged before me
this 21 day of , 1996 by wait,u�. O. Pate. q..
as of Jefferson National Bank.
l 7C.heR 4 wwyy.. ,sokko
Notary Public
(SEAL)
My commission expires: %IS% , 19(0.
v:\258s\ausabc\oocrPJW
�..A it,ItM II.IIw
2
-Maria —
—..—VICINITY MAP / S D1: I'<_y r'b 1.b b 4 COUNTY PLANNING COMMISSION 1 some GT suPwlsOas
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•
am- ; SITE DATA
14.t I
!Z. OWNER: JEFFERSON NATIONAL SANK
R.0.SOS 711
22!
= CNARLOTTCSVILLE.VA. 02
,'Cr
�
LEAL RCF:OA 1114,.031.t 1L32 PAR,OS
CO 2011541:LUNT MIOOSTNIAI.
roes PROPCRTY coo NOTUt IN A MOO
HAZARD ARCA AS MRCS 0T N.O.O.
ROUE OF PARCEL WS AFTER TISSIFIStOR
•WRAC:
MIS LOT NAS N CAMS OF MPS sr.OF
MORS 1I.D6.SPACE WITH SUM LESS
THAN 15%.
NO nom,DIVISION OF THIS PROPERTY
WITHOUT P ANtIIHO CORROSION APPROVAL.
T.M. 32 Par. 198 Au LOTS SHALL ENTERS PIT ON PRIOR
INTERNAL WOOS.
19.6T At. Residua —0--DENOTES NON PUS.
0.8.1124 p.039 THE30 MONIS MYRICK UNE 6 A NNW
REOUNWRENT FOR POKNC STREETS MLR
THIS PRIVATE ROAD RILL PROVIDE
REASONAOI.E ACCESS BY MOTOR VEHICLE
AS REQUIRED ST SEC. 36 OF THE
SUBDIVISION PLAT ALSEMARLE ca SUED.ORDINANCE.
SHOWING LOT I
A DIVISION OF PARCEL 198 TAX MAP 32 .t�F.A�'l 10fr
c� L,t�A6
NEAR CHARLOTTESVILLE-ALBEMARLE AIRPORT r�� e
41
S
RIVANNA DISTRICT o i
ALBEMARLE COUNTY,VIRGINIA x.143 Gale
LIC.No.14438
!44,0
s u re,,tp'
ROUDASUSH,GALE&ASSOC.,INC.
A Professional Corporation
ALE: INN 601 _ DATE: MAR.19,1996 CERTIFIED NarND SURlvi V —ENGINEER
SC
•
• 0
OK1529Pc0655
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:
I THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED
p
TO RECORD ON v� 1t. - /() ,1941V, AT 2:45 O'CLOCK i M.
STATE TAX $ (039)
LOCAL TAX $ (213)
TRANSFER FEE $ (212)
VSLF $ 1.00 (145)
CLERK'S FEE $ ',1,04, 001)
PLAT $ a- ex)
SEC.58.1-892: TESTS:
STATE TAX $ (038) SHELBY .MARSHALL,CLERK
LOCAL TAX $ (220)
LOCAL TAX $ (223) B`=: ' //WA..
DEPUTY CLERK4L
TOTAL $ 15 'W
111
Sore %Ai
BK 166[,PC0321 014316
Prepared By TkGo in.Weeds.Bank&&ale.I.I.P.
SECOND AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
TI IIS SECOND AMENDMENT TO DECLARATION OF PROTECTIVE
COVENANTS AND RESTRICTIONS is made and entered into as of this II"day of
4e12 ,1997,by JEFFERSON NATIONAL BANK,a national banking association
(the"Declarant").
RECITALS
R-1. By Declaration of Protective Covenants and Restrictions dated April 21,
1993,recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,in Deed
Book 1306,page 104,(the"Declaration"),the Declarant subjected to the covenants and
restrictions contained in the Declaration certain property more particularly described therein.
R-2. By First Amendment to Declaration of Protective Covenants and
Restrictions dated March 27,1996,recorded in the Clerk's Office of the Circuit Court of
Albemarle County,Virginia in Deed Book 1529,page 652,(the"First Amendment"),the
Declarant subjected to the covenants and restrictions contained in the Declaration certain
additional land more particularly described in the First Amendment.
R-3. The Declaration provides that the Declarant may at its option,subject
additional land to the covenants and restrictions contained in the Declaration. The Declarant
now intends to subject to such covenants and restrictions certain parcels shown on the plat made
by Roudabush,Gale and Associates,a Professional Corporation,dated June 2,1997,titled
"Subdivision Plat Showing Lot 7 and Lot 8 Airport Industrial Park A Portion of Tax Map 32,
Parcel 1913 Near Charlottesville-Albemarle Airport Rivanna Magisterial District Albemarle
County,Virginia"(the"Plat"),which Plat is attached to and made a part of this instrument.
AMENDMENT
NOW,THEREFORE,the Declarant hereby AMENDS the Declaration in the
following respects:
1. The Declarant hereby declares that the following parcels(collectively,the
"Additional Subject Parcels")arc subject to the Declaration and shall be held,transferred,sold,
conveyed and occupied subject to the covenants,restrictions,easements,charges,and liens
contained therein:(i)the parcel shown on the Plat as"Lot 7,"containing 2.600 acres;(ii) the
parcel shown on the Plat as"Lot 8,"containing 3.561 acres;and(iii)the parcel shown on the
IWO
BK 1664P60322
Plat as"Residue.Tax Map 32.Parcel 19B,"containing 8.726 acres. The Additional Subject
Parcels shall be included within the term"Property"as defined in the Declaration. The
Declaration.as amended by this Amendment,shall run with the Property and every part thereof
and shall be binding upon and inure to the benefit of all owners,lessees.licensees,occupants and
their successors as set forth in the Declaration.
2. As an appurtenance to the parcels within the Property.there is hereby
created a perpetual non-exclusive easement for storm water detention within the area shown on
the Plat as"Common Arca 4.000 Acres Permanent Storm Water Detention Easement"(the"New
Storm Water Easement"). Such area shall replace the arca described in Section 4.3 of the
Declaration,and all references in the Declaration to the"Storm Water Easement"shall be
applicable to the New Storm Water Easement created hereby.
3. The Declarant continues to reserve its option to create an owners'
association for the purpose of maintaining Roads(as defined in the Declaration)and other
common improvements on the Property. Until such time as an owners'association is formed,
however,the Declarant shall maintain the Roads and other common improvements and shall be
entitled to collect assessments for such maintenance by using the method for assessments
contained in Sections 3.4 through 5.7 of the Declaration.
4. The Notice provision of Section 7.1 of the Declaration is hereby amended
to provide that all notices to the Declarant shall be sent to the attention of Mr.Wayne G.Coates,
at the address set forth in Section 7.1.
IN WITNESS WI IEREOF,the Declarant has caused this Amendment to be
executed by its duly authorized representative.
JEFFERSON NATIONAL BANK
Title:�civioa ra, pour
2
BKI664Pc0323
COMMONWEAL:fII OF VIRGINIA:
'ITY OUNTY OFM¢li..t,u:1 ti ulv
The foregoing instrument was acknowledged before me this 1'day of
,1997.byVat,Nb . ee-2lLJ✓,as JA• Y P. _ofJef erson
National Bank,a national banking association,on behalf of the bank.
a.
4 IwCe� j t r.tet.„
Not P lie
My Commission Expires: -y/3%2/C1
IN 771E CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:
VIRGINIA:
THIS DEED WAS PRESENTED, AND WITTI CERTIFICATE ANNEXED, IS ADMITTED
/�� f - 19 7 ,AR4
•O'CLOCK M.
TO RECORD rCJ--
I STATE TAX S_�_�1039)
-
IACA1.TAX I S_ (213)
(2121
TRANSFER E $.�---
I.T.T.F. $ 3.00_(106)
VSL $
1.00 ( 4S)
(LERK'S FEE $ /S�d(301)
PLAT $
TFSTE:
SE(T.SS.I.802: (03N)
S— SHELBY J.MARSHALL,
STATE TAX s.__ —(210) �, f �. •,i, P,
LOCAL TAX
LOCAL TAX — BY:
(223► DEPUTY 4.
s—.-------
TOTAL $./,.6
1:1,14.1111.1.41•109...i
3