This is a transcription of the DECLARATION of LAUREL MEWS, A TOWNHOUSE CONDOMINIUM. The DECLARATION is a legal document duly recorded in the Land Records Division of Arlington County in book 1984 pages 1743-54. Any errors here notwithstanding, the exact legal document is as recorded.
DECLARATION
LAUREL MEWS, A TOWNHOUSE CONDOMINIUM
Pursuant to the, provisions of Chapter 4.2 of Title 55 of the Code of Virginia, known as The Virginia Condominium Act, LAUREL PROPERTIES, INC., a Virginia corporation, hereby enters into thin DECLARATION for the purpose of establishing LAUREL MEWS, a Townhouse Condominium to be located within Arlington County, Virginia.
LAUREL PROPERTIES, INC. is the owner of certain real property located within the County of. Arlington, Virginia, and more particularly described in Schedule “A” attached hereto and made a part hereof, which it subjects by this DECLARATION to LAUREL MEWS, a Townhouse Condominium.
I. Name or the Condominium. The condominium established hereby shall be known as LAUREL MEWS, a Townhouse Condominium.
II. Number and Location of Buildings. The LAUREL MEWS PROJECT consists of three (3) buildings, containing a total of twenty (20) separate Townhouse Type Units all of which are capable of individual utilization inasmuch as each Townhouse Unit has its own exit or exits to a Common or Limited Common Area of the Condominium Project, and an accessory building which shall be owned in common by all unit owners. Tie individual. condominium Townhouse Units will It sold to one or more owners, each owner obtaining a particular and exclusive property right to the Townhouse Unit so sold, and also an undivided interest in the General and Limited Common Elements of the project as listed hereinafter in this Declaration, which arc necessary for their adequate use and enjoyment and hereinafter referred to a “General and Limited Common Elements”, all of the above in accordance with the Virginia Condominium Act. The locations and dimensions of the buildings herein described are shown on the Condominium Plat which has been recorded simultaneously herewith which is attached hereto and made it part hereof as EXHIBIT “A”.
III. Description of Land. The real property on which this Condominium Project is located and parts of which shall be conveyed, held, divided, and subdivided, hypothecated, or encumbered, sold, leased, rented, used occupied, and improved, subject to this DECLARATION, is located in Arlington County, Virginia, and is more particularly described metes and bounds in Schedule “A” which is attached hereto and by this reference made a part hereof. The area of such real property is set forth in detail in the Condominium Plat which has been recorded simultaneously with this DECLARATION and which by this reference is made a part hereof as EXHIBIT “A”, and the floor plan of the buildings constructed thereon is set forth – in EXHIBIT “A-1” attached hereto and made a part hereof.
IV. Description of the Townhouse Units. The Condominium Project contains a total of twenty (20) individual Townhouse Units. The Townhouse Units are of varying size all as are more particularly shown on the exhibits attached hereto.
The boundaries of the individual Townhouse Units are as follows:
(i) HORIZONTAL BOUNDARIES. The plane of the underside of the lowest: floor slab and the piano of the exterior surface of the roof (the plane of the exterior surface of the roof shall be defined so as to include roof shingles and/or other exterior finish of the roof).
(ii) VERTICAL BOUNDARIES. The outer surface of the exterior walls which do not separate another Townhouse Units and the plane of the walls which separate the Townhouse house Units and shall include windows, door frames, and trim included in such outer surface of the Townhouse Unit from the center line of Unit from other Townhouse Unit and shall include window frames, doors, exterior walls, and when there is attached to such Townhouse Unit a balcony or stairway serving only such Townhouse Unit, then such balcony or stairway shall be included as a part of the Townhouse Unit to which such balcony or stairway appertains. If any fixtures installations, shoots, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially within and partially outside of the designated boundaries of a Townhouse Unit, any portions thereof nerving only that Townhouse Unit shall be deemed a part of that Townhouse Unit, while any portions thereof severing more than one Townhouse Unit or any portion of the Common Elements shall be deemed a part of the Common Elements as hereinafter defined.
The term the outer surface of the exterior walls which do not separate a Townhouse Unit from other Townhouse Units as defined herein shall be deemed to include the paint, wood, masonry or other surface of such exterior walls.
V. General Common Elements. The General Common Elements shall include all portions of the Condominium Project. not contained within or’ otherwise defined as part of the Condominium Townhouse Units or the Limited Common Elements and except as otherwise provided in this DECLARATION or in the Condominium Plat, General Common Elements of the Condominium Project shall include, without limitation, the following:
(a) The parcel of land described by metes and bounds in Schedule “A” attached hereto, and
(b) The accessory buildings serving all units;
(c) Sidewalks, driveways, roadways, and roads, common paved parking area, underground domestic water systems, sanitary and storm newer and/or storm water detention systems, and appurtenances thereof, underground electric, telephone and television lines, pipes, conduits, wires and appurtenances, underground drain systems and catch basins, site lighting, and any and all areas and facilities of the condominium which are not part of the individual Townhouse Units as above described.
VI. Limited Common Elements. The Limited Common Elements are those portions of the Common Elements of the Condominium Project designated as such on the Condominium Plat or defined as such in this DECLARATION or any of the exhibits or attachments hereto and shall include those portions of the Common Elements which are agreed upon by all the Unit Owners to be reserved for the use of a certain number of Condominium Units to the exclusion of other Condominium Units.
All areas designated on the Condominium plat as Limited Common Elements shall be, and are hereby, reserved for the exclusive use of the owners of the Condominium Unit or Units to which they are adjacent or to which they are declared to be appurtenant by appropriate designation of the Condominium Plat.
Any expenses of maintenance, repair, or replacement relating to such Limited Common Elements as herein defined or as may be designated on the Condominium Plat with the exception of expenses relating to Limited common parking areas, shall be treated as individual expenses of the unit or units to which such Limited Common Elements appertain.
VII. The Undivided Interest in Common Elements. Each unit will have an equal undivided interest in all Common Elements including the Limited Common Elements. The owner of each unit will be entitled to one vote for each unit owned.
VIII. Expandable Condominium. The Declarant hereof expressly reserves the option and right to expand this condominium pursuant to Section 55-79.63 and subject to Lite. provisions of this Article I.
1. The consent of the Unit owners of LAUREL MEWS, a Townhouse Condominium, shall not be required for such expansion and the Declarant may proceed with same at its sole option.
2. This option to expand the Condominium Project shall expire five (5) years after the date of recording of this DECLARATION if not sooner exercised; however, the Declarant may at any time prior to the expiration of such period terminate its option to expand by recording among the land records wherein this DECLARATION is recorded, an executed and notarized document terminating this option.
3. The metes and bounds of that property which may be added to this Condominium is set forth on Schedule “B” hereof, and hereafter referred to as “additional land”. In the event of expansion all of the additional land must be added to the Condominium at that time. No part or portion of the additional land shall be added at different times.
4. The approximate location of improvements that may be located on the additional land are shown on the attached plot: plan designated EXHIBIT “A-I”; however, Declarant reserves the right to change location of such improvements if required to achieve the bust development in the sole option of the Declarant.
5. The improvements to be placed on the additional land shall contain no more than thirty-four (34) residential Townhouse-type Condominium Units and no commercial units
6. Upon the additional land the Declarant many construct amenities which may be both recreational and service for the purpose of serving this Condominium and the Condominium as expanded by the additional land.
7. The improvements placed on the additional land will be compatible with LAUREL MEWS Condominium and will be of the same or similar quality of construction and materials and the architectural style will be substantially compatible to that of LAUREL MEWS Condominium.
8. Other improvements to be placed on the additional land shall be limited to parking, recreational (green areas), and service facilities.
9. The units to be created in the improvements on the additional land will be substantially identical to the units in LAUREL MEWS Condominium; however, the Declarant reserves the right to change the size, design, and mix of the units in order to meet the requirements of the market:.
10. The Declarant reserves the right to create Limited Common Elements within the additional land and to designate Common Elements therein which may subsequently he assigned as Limited Common Elements, for the purpose of making parking space Limited Common Elements, and such other normal types of Limited Common Elements as the Declarant may see fit.
11. The allocation of ownership of the individual interest in the Common Elements for the additional land shall be allocated on the same basis as the Townhouse Units comprising the initial phase of LAUREL MEWS, in accordance with Section 55-79.56(h) of the Condominium Act, that is to say that each unit on the additional land will have an equal undivided interest in and of the Common Elements of the Condominium, including the Limited Common Elements, and each unit owner will be entitled to one (1) vote for each unit owned.
12. In the event that Declarant determines to exercise its option to expand, he shall have the easements as set forth in Section 55-79.65.
13. Upon expansion of the Condominium pursuant to thin Article VIII, the interest of any mortgagee shall automatically attach lo the new percentage interest in Common Elements a unit encumbered by a mortgage or deed of trust.
IX. Easement to Facilitate Sales. The Declarant hereby expressly reserves an easement: to facilitate sates pursuant to Section 55-79.66. The Declarant specifically reserves for such purpose the right to utilize any of the Townhouse Units.
The representation of this easement to facilitate sales is expressly made applicable to such sales as Declarant may desire in regard to the Additional Land set forth in Article VIII of this DECLARATION.
X. Easement for Storm Water Management. An easement for the purposes of construction and maintenance of storm water detention facilities together with storm sewer drainage easements serving same was created upon portions of the “Additional Land”, such easements more particularly described on plat entitled, “Plat Showing Easements Thru LAUREL MEW, A Townhouse Condominium, Arlington County, Virginia, which plat has been recorded immediately prior to this DECLARATION. The aforesaid easements shall run to the benefit of both the initial twenty (20) units created in LAUREL MEWS, as well as to any additional units which may be created pursuant to the provisions of Article VIII of this DECLARATION, the cost or maintenance of said storm water detention facilities to he a common expense to be shared by Unit– owners in proportion to their respective ownership interests in the Common Elements of LAUREL MEWS.
XI. Relocation of Boundaries Between Units. Unit Owners may cause the relocation of Condominium boundaries between adjoin- ing units pursuant to the provisions of Section 55-79.69.
XII. Subdivision of Units. Unit owners may cause the subdivision of any unit pursuant to provisions of section 55-79.70.
XIII. Miscellaneous. Nothwithstanding any other provisions contained herein the prior written approval of at least 75% in number of institutional holders of first Deeds of Trust, or equivalent security interests or liens on units in the Project will be required in the following instances:
(a) The abandonment or termination of the Project, except for abandonment or termination provided by law in the case of substantial destruction or fire or other casualty or in the case of a taking by condemnation or eminent domain.
(b) Any material amendment to the DECLARATION or the By-Laws of the Owners Association, including but not limited to, any amendment which change the percentage interests of the Unit Owners in the Project.
(c) The Association of owners must agree in writing to notify the noteholder whenever the damage to an individual unit covered by the Deed of Trust exceeds ONE THOUSAND DOLLARS ($1,000.00), or damage to the Common Areas and related facilities exceeds TEN THOUSAND DOLLARS ($10,000.00).
(d) In addition, the Association of Owners of the Condominium Project must agree to notify the noteholder thirty (30) days prior to the effective date thereof, any changes .contemplated in the Condominium documents and/or any change ,of manager in the Condominium Project, if any, or of any default on the units covered by any Deeds Of Trust, and any default by the borrower of such unit in the performance of such obligations that he may have under the Condominium documents which is not cured within thirty (30) days, and
(e) No unit in the Project may be partitioned or subdivided without the prior written approval or the holder of any first mortgage lien on such unit, all other rights to subdivide are reserved as governed by the Virginia Condominium Act.
IN WITNESS WHEREOF, LAUREL PROPERTIES, INC., has caused this DECLARATION to be signed by its President and its corporate seal affixed, duly attested by its Secretary, this, 1979.
LAUREL MEWS, PROPERTIES, INC
Schedule “A”
March 14, 1978
DESCRIPTION
SUBMITTED LAND
LAUREL MEWS
A TOWNHOUSE CONDOMINIUM
Beginning at the extreme easterly corner of Lot 2, Humble’s Addition to East Falls Church as same appears duly and recorded among the land records of Arlington County, Virginia, said point of beginning being an angle point in the property or Laurel Properties, Inc.: thence running with a line common to Lot 2, Humble’s Addition lo East Falls Church as same lies common with the properly of Laurel Properties, Inc., N. 29° 33′ 30″ W. – 199.28 feet to a point, said point lying in the new southerly right-of-way line or Lee Highway, Routes 29 and 211; thence running with a portion or said southerly right-of-way line of Lee Highway, N. 61° 00′ 25″ E. – 199.92 feet to a point, said point lying at the northwesterly corner of the property or the Chesapeake Potomac Telephone Company of Virginia; thence departing from said right-of-way line and running with the properly line common to the aforesaid property of Chesapeake and Potomac Telephone Company of Virginia and Laurel Properties, Inc. S. 300 03′ 25″- 242.17 feet to a point; thence departing from said common property line and crossing the property line of Laurel Properties, Inc. along following courses and distances: S. 59″ 56’ 35” W. – 26.33 feet; N. 30° 03′ 25″ W. – 6.50 feet; S. 59° 56′ 35″ W. – 125.00 feet; S. 30° 03′ 25″ E. – 22.00 feet; S. 59° 56′ 35″ W. – 47.03 feet; and N. 50° 22′ 00″ W. – 59.38 feet to a point, said point lying in the southeasterly boundary of Lot 2, Humble’s Addition to East Falls Church; thence running with a portion or the southeasterly boundary of aforesaid Lot 2, Humble’s Addition to East Falls Church as same lies common with a portion of the property of Laurel Properties, Inc. , N. 39° 38′ 00″ – 18.50 feet to the point of beginning; containing 49,446 square feet of land.
Subject. however, to easements, rights-of-way, or any other restrictions of record.
Schedule “B”
March 11, 1978
DESCRIPTION
ADDITIONAL LAND
LAUREL MEWS
A TOWNHOUSE CONDOMINIUM
Beginning at a point lying in the southeasterly boundary or Lot 2, Humble’s Addition to East Falls Church, said point lying S. 39° 38′ 00″ W. – 18.50 feet from the extreme easterly corner of said Lot 2, said point or beginning lying also in the boundary or the property of Laurel Properties, Inc. as same appears duly platted and recorded Arlington County land records; thence departing from said common line and crossing the properly or Laurel Properties, Inc. along the following courses and distances: S. 50″ 22′ 00″ L. – 59.35 feet; N. 59° Sn’ 35″ h. – 47.05 feet; N. 30° 03′ 25″ W. – ‘22.00 feet; thence still continuing N. 59° 56′ 35″ E. – 125.00 feet: S. 30° 03′ 25″ E. – 6.50 feet ; and N. 59° 56′ 35″ E. – 26.33 feet to a point lying in the westerly boundary of the property of Chesapeake & Potomac Telephone Company of Virginia; thence running with the line common to the property or Chesapeake & Potomac Telephone Company of Virginia and Laurel Properties, Inc. along the following courses and distances: S. 30° 03′ 25″ E. – 97.78 feet; and S. 88 ° 15′ 21″ E. – 10.58 feet to a point, said point being the northwesterly corner or Lot A, Resubdivision of Lots 12 & 13, Julia A. Brown Subdivision as same appears duty platted and recorded among the aforesaid land records, thence running with the westerly property line of Lot ‘A’, Subdivision of Lots 12 & 13, Julia A Brown Subdivision, S. 1° 25’ 51’’ W. – 198.83 feet to a point feet to a point, said point lying in the new northerly right-of-way line of North Washington Boulevard, Route 237; thence running with said new northerly right-of-way line of North Washington Boulevard, Route 237, along the following courses and distances: N. 88° 33′ 56″ W. – 146.03 feet to the P.C. of a curve to the right; thence 20.71 feet along the arc of said curve to the right, which curve has a radius of 740.00 feet, the chord of which arc bears N. 87° 45′ 50” W. – 20.71 feet; thence still continuing with the northerly right-of-way line of North Washington Boulevard, N. 82° 32′ 54″ W. – 113.90 feet; thence still continuing along said northerly right-of-way line of North Washington Boulevard 118.79 feet along the arc of a curve to the right, which curve has a radius of 740.00 feet, the chord of which arc bears N. 73° 32′ 12″ W. – 118.67 feet to a point, said point lying in the aforementioned southeasterly boundary line of Lot 2, Humble’s Addition to East Falls Church; thence departing from said road line and running with a portion of the southeasterly boundary of Lot 2, Humble’s Addition to East Falls Church, N. 39° 38′ 00″ E. – 202.51 feet to the point of beginning; containing 72,304 square feet of land.
Subject, however, to easements, rights-of-way, or any other restrictions of record.