for COVINGTON SUBDIVISION, SECTIONS I and II

Transcription

1 _., _.~ _ _ _ " _.,, ".~..._~. ', --.. "~",,.. _ ' n~ O _.. _, _......~ _._.... _.._ _..,. _ SCHEDULE "A" COVENANTS, CONDITIONS, and RESTRICTIONS fr COVINGTON SUBDIVISION, SECTIONS I and II A) STRUCTURES AND OTHER IMPROVEMENTS 1. Apprval f plans and Specificatins. In rder t preserve a unifrmity f beauty within the lts in Cvingtn, Sectins I and II, n building, fence, r ther structure shall be erected, placed, mved int, maintained, r in any way altered n any tract until the prpsed building plans, specificatins, exterir materials, and site plan (shwing the drives and parking areas) and cnstructin schedule shall have been apprved in writing by the Architectural Cmmittee f the Cvingtn Prperty Owners Assciatin. In general, all residences r ther structures shall be cnstructed t cnfrm t all state and lcal building cdes, and with new materials nrmally used in hme cnstructin (i.e., brick, veneer, wd siding, vinyl r aluminum siding, r slid lgsi and shingle rfs). N asbests materials shall be used. All cinder blck cnstructin shall be cvered with brick veneer, stucc, r such ther material as may be apprved by the Architectural Cmmittee. In the event the Architectural Cmmittee fails t apprve, mdify r disapprve in writing, within sixty (60) days after the plans and specificatins have been submitted in writing t the Architectural Cmmittee, in accrdance with adpted prcedures, apprval will be deemed granted. 0) r-, 'lit LD C\J 2. Minimal Dwelling Size. The flr area f the interir prtin f the main residence n any tract shall nt be less than 1600 square feet fr a ne-stry structure, r 2000 square feet fr a tw-stry structure, exclusive f prches, garages, and basements. Declarant may, at its sle discretin, grant a variance t the minimum square ftage requirements if it can be shwn t the satisfactin f the Architectural Cmmittee that the exterir appearance f the structure with a lesser square ftage wuld be substantially the same as if it cntained the minimum square ftage set frth in this paragraph. 3. Lcatin f Building and Other Imprvements. N residence r ther permanent structures shall be lcated n any tract nearer than 100 feet frm a frnt prperty line r nearer than 35 feet frm a side r rear line. The Architectural 7

2 ~.- - _-- _,._". " - &.,. -~- ~~.-, -- -."", --~----~-. Cmmittee may, in its sle discretin, grant a variance t the set back restrictin if it can be shwn t be an extreme hardship (e.g., related t tpgraphy), and such variance des nt destry the intent and purpse f these restrictins. All fences n enclsures shall be set back at least 12 inches frm any right f way r easement fr ingress/egress, drainage r utility cnstructin r bridle paths. The fence set back in right f way r easement areas shall apply nly t areas actually required t be used fr these purpses. 4. Cmpletin f Imprvements. The exterir f all residences r ther permanent structures shall be cmpleted within nine mnths frm the time the cnstructin has started except where such cmpletin is impssible r wuld result in great hardship t the wner r builder due t strikes, fires, natinal emergency, r natural calamities. 5. Fencing. Each wner f a tract desiring t cnstruct a fence shall submit, prir t cnstructin, plans fr such fence delineating the size, design, texture, appearance, and lcatin theref, and the design f such screen r cver fr apprval by the Architectural Cmmittee. Fences shall be f treated wd cnstructin and n chain link r wire fences shall be permitted, except in a small area t huse dmestic pets, as a safety enclsure fr children r animals, r in creek beds where wden fences wuld nt be practical, prvided that its lcatin and appearance will nt cause a nuisance t adjining prperty wners. Apprval f any and all fencing must be given prir t cnstructin in accrdance with Paragraphs A-l and A-3, abve. 6. Temprary Structure. N structures f a temprary character, including but nt limited t a mbile hme, trailer f any kind, tent, r shack shall be used fr living quarters at any time either temprarily r permanently. As an exceptin, temprary structures and trailers may be used fr strage f materials and as a cnvenience during the erectin f residences r ther permanent structures upn such tract. c r--. c::t i 7. Accessry Buildings. Separate family r guest quarters, greenhuses, garages, barns and ther utbuildings will be permitted prvided (a) that such buildings are allwed under current Gchland Cunty Ordinances; (b) that plans fr such cnstructin are aesthetically pleasing and in keeping with the appearance f the main residence; and (c) that such buildings are apprved prir t cnstructin in accrdance with Paragraphs A-l and A-3, abve. Any such buildings apprved and substantially cnstructed shall be kept in gd repair and appearance. C\J 8. Appeal. The applicant seeking apprval fr structures r imprvements as set frth in Paragraphs A-l thrugh A-7 may appeal an adverse decisin by the Architectural Cmmittee t the then prperty wners, wh may reverse r mdify such decisin by 8

3 ~_. ~....._*.. -. I. "~ ""'''''_'t, ~ ,--...., ~. tw-thirds vte f the prperty wners f recrd. 9. Architec~~ral Cmmittee. The President f the Cvingtn Prperty Owners Assciatin shall appint an Architectural Cmmittee cnsisting f three persna t carry ut the purpses fr which an Architectural cmmittee is required by these Restrictins. The members f the Architectural Cmmittee shall serve a term f ne year, and shall be eligible fr reappintment at the end f each ne-year term. B) USE OF TRACTS 1. Use t be Slely Residential. N mre than ne single family dwelling shall be erected n anyne tract as shwn n the subdivisin plats, with the exceptin f separate guest, family r tenant husing as may be apprved by the Architectural Cmmittee and the Cunty f Gchland. N tract r tracts may be re-subdivided except that a tract may be subdivided if each part is alltted t an adjining tract. The Architectural Cmmittee may, in its sle discretin permit ne subdivisin n any tract, if such subdivisin is fr the residential use f an immediate family member (mther, father, sn, daughter) f the wner f the tract t be subdivided. Any such subdivisin, if permitted by the Architectural Cmmittee, must als be apprved by the Cunty f Gchland and the lcal health authrity under the laws and plicies in effect at such time a request is made. The Architectural Cmmittee cannt give any assurance that such a divisin will be apprved by the said authrities. c " 'd' t C\J 2. Cmmercial Use Prhibited. N tract shall at any time be used r ccupied fr the manufacture, distributin, r sale f any articles r fr any cmmercial purpse. Hwever, farming peratins, a "hme business ll as apprved by the Cunty f Gchland, and the raising and breeding f hrses, cattle, and ther farm animals shall nt be cnstrued as cmmercial purpses in the interpretatin f these restrictins. Any and all uses must, in additin t these restrictins, cnfrm t Gchland Cunty regulatins. Under n circumstances will swine r cmmercial dg kennels be permitted n any tract. 3. Nuisances. N nxius r ffensive trade r activity shall be permitted t be carried n upn any tract, nr shall anything be dne theren which shall becme a nuisance. N tract shall be used r maintained as a dumping grund fr rubbish, trash, r garbage; and all waste, garbage, r trash shall be kept in clean and sanitary cnditins. N junk cars, trucks, buses, r ther junk vehicles shall be permitted n any tract. As an exceptin, inperable vehicles may be stred in an enclsed building apprved and cnstructed accrding t Paragraph A, abve. All vehicles, except perable farm equipment, must bear a current Virginia inspectin sticker and current Virginia license plates. 9

4 Iird'~.._. ' ~ I I.,., _. I ',.,'", ~.<1. ~. _..,..... r ~'.,..._ - _ 4. Sewage Dispsal. Prir t ccupancy f a residence n any tract, prper and suitable prvisin shall be made fr the dispsal f sewage by means f a septic tank r tanks cnstructed n such tract. All sewage shall be emptied r discharged int such tanks. N sewage shall be emptied r discharged upn any tractj nr may any sewage dispsal system be maintained unless it is in accrdance with the required standards and recmmendatins f the public health authrities. 5. parking. Each prperty wner shall prvide ff-street parking space fr at least tw autmbiles prir t the ccupancy f any dwelling cnstructed n such tract. Parking shall nt be permitted n the right f way shwn n the subdivisin plats. 6. Tree cutting/pnds. Cutting, killing r remval f all trees in excess f six inches (6") in diameter at grund level shall nt be allwed except by a plan f remval apprved by the Architectural Cmmittee. Such plan will be apprved fr purpses f creating building sites, driveways, utilities, bridle paths, pnds, pasture, and any ther reasnable use, prvided that a plan fr stabilizatin t prevent ersin and sedimentatin is adpted. The building f pnds and small lakes is t be encuraged prvided that prper envirnmental techniques are emplyed. Owners f prperties belw a pnd site, where stream flw will be interrupted during pnd cnstructin and filling, shall agree t the interrupted flw, prvided that the prperty wner causing the interruptin shall allw the lwer prperty wner access t the upper level prperty wner's water supply, if needed, during the perid f interruptin. C) EASEMENTS/ROAD EASEMENT AND COMMONAREA MAINTENANCE r=-«1. Drainage. Utilities. Ingress-Egress and General. There has been reserved a perpetual, alienable, and releasable easement and right n, ver and under the grunds fr telephne ples, wires, cables, cnduits, and ther suitable equipment fr the cnveyance and use f electricity, telephne equipment, gas, sewer, water, r ther public cnveniences r utilities, and drainage, and fr bridle paths and walking trails, n, in, ver and under all rights-f ways shwn n the subdivisin plat (recrded in Plat Cabinet A, at slides 293 and 294) and als fifteen (15) feet alng the sides and rear f each tract and alng all natural drains, r such ther areas as are shwn n the applicable plat. Where the rights-f-ways fr ingress/egress are shwn n the said plat, an additinal fifteen (15) ft easement is reserved alng the ingress/egress easements fr all f the purpses set frth in this paragraph. N structure f any nature shall be built upn prperty subject t such easement, and such prperty shall at all times be pen t any public service crpratin which may require use f such easement. There is reserved unt the wners f all lts in Cvingtn Subdivisin, Sectins I and II, and their successrs and assigns, the right f 10

5 ..., ,.-..~ ~,- ~., ~ _ ~ ~_ ----_.,-_..._- ingress-egress ver, thrugh, upn and acrss the fifty-ft (50') rights-f-way shwn n the plats f Cvingtn Subdivisin, Sectins I and II (as recrded in Plat Cabinet A, at slides 293 and 294), and any new right-f way created hereunder. There is reserved unt the wners f all lts in Cvingtn Subdivisin, Sectins I and II, and their successrs and assigns, the right f ingress-egress thrugh the access rad t Rute 641 (purchased frm Dr. Amir Rafii, et ux, cnsisting f 1.09 acres, and referred t as the Rafii Rad). These easements and rights expressly include the right t cut any trees, bushes, r shrubbery, make any grading f the sil, r t take any ther similar actin reasnably necessary t prvide ecnmical and safe utility installatin and t maintain reasnable standards f health, safety and appearance. 2. Rad Systems. With the exceptin f rads ending in cui de sacs, designed t serve a single lt and labeled differently by a letter system n the plat, which single rads are nt in the rad system, and are nt t be maintained by the lt wners generally, all rads t be lcated in Cvingtn Subdivisin, Sectins I and II, including Rafii Rad, shall be within the fifty ft rad easements shwn n the subdivisin plats (Plat Cabinet A, slides 293 and 294). Additinal rads may be added with the cnsent f the wner f the burdened tract and the Bard f Directrs f the Cvingtn Prperty Owners Assciatin, and included in the rad maintenance prcedures as set frth belw. c r-, ~ i C\J The subdivisin plats f Cvingtn Subdivisin, Sectins I and II (recrded in Plat Cabinet A, at slides 293 and 294) shw that the lt lines fr the varius lts run t the center line f the fifty ft right-f-way. On sme lts, hwever, the entire 50 feet in cntained within the bundaries f the lt. The said fifty ft easement shall run in favr f all wners, their guests, their invitees. The rad system shall be a private system unless and until dedicated; and the maintenance and upkeep f such shall be the respnsibility f the wners as set frth herein and nt the respnsibility f the Virginia Department f Highways r ther public agencies. If dedicated all rights f the lt wners will be subrdinated t the requirements set by the public authrities. The Cunty f Gchland and/r Cmmnwealth f Virginia, its agents r emplyees shall have access t enfrce the laws and rdinances f the Cmmnwealth, the Cunty f Gchland, and/r thse f any ther applicable gvernmental authrity and t prvide plice and fire prtectin and ther services f gvernment as may be apprpriate. T this extent nly, said rads shall be deemed public but shall remain private fr all ther intents and purpses (unless and until dedicated t public use). The Bard f Directrs f the Cvingtn Subdivisin Prperty Owners Assciatin may regulate traffic, set speed limits, and d anything it deems necessary r apprpriate t 11

6 ~. _.4_. _.... '_~ ~,._~ ~..,.-'..- ~_~.~,......,,"'-._-.,---,.-- prvide fr the safe use and upkeep f the rads by the wners and their invitees, including the right t pst speed limits, establish speed barriers, cnstruct gates r gatehuses, and t bar such rad t the passage f unauthrized persnnel r vehicles. 3. Maintenance f Rads. Easements. Cmmn Areas. Every tract in Cvingtn Subdivisin, Sectins I and II shall be subject t the payment f an annual assessment t the Cvingtn Subdivisin Prperty Owners Assciatin in the sum f $ The annual assessment amunt may be increased up t $ by the Bard f Directrs. Special assessments and/r additinal increases in the iannual assessment shall be permitted and bindi)lg upn all wners upn a majrity f all wners f tracts 'n Sectins I and II (each tract having ne vte) signin3, acknwledging and recrding an instrument fr that purpse fvm time t time. Said assessments fr tracts in Cvingtn Subdivisin, Sectins I and II shall becme a lien n each tract until paid, which lien shall be inferir t any previusly filed first and/r secnd mrtgage deed f trust placed theren. Said assessments shall becme due and payable n January 1st f each year, and shall be made payable t the Cvingtn Subdivisin Prperty Owners Assciatin, r t any agent r trustee designated by the Bard f Directrs f the Cvingtn Subdivisin Prperty OWners Assciatin. The Bard f Directrs, r its agent r trustee, shall have the pwer t cllect and enfrce assessments as set frth herein and shall have the right t use the assessments fr rad maintenance, imprvements, and repairs which, in the pinin f the Bard, are necessary and prper (including the cst f prfessinal advice r liability insurance, and expenses in administering these cvenants), fr the imprvement and maintenance f the Rafii Rad leading frm State Rute 641, and fr upkeep and enfrcement f easements and cmmn areas fr the general use f all prperty wners. Rad maintenance shall include all actins necessary t maintain a gd drivable, welldrained surface in al weather cnditins, including snw remval. 0) I' -d' l!) C\J All wners f prperty in Cvingtn Subdivisin Sectins I and II shall autmatically becme members and will remain a members f the Prperty Owners Assciatin with respect t each tract as lng as wnership cntinues, and shall be liable t the Assciatin fr all the cvenants and assessments cntained herein. The Cvingtn Subdivisin Prperty Owners Assciatin and have all the rights, privileges, and authrities set frth in the nprperty Owners' Assciatin Act" [Chapter 26 f Title 55 f the Cde f Virginia f 1950, as amended ( thrugh )=. 12

7 ~ ~ _._ ~,.. ~..._-,...._I... ' _.., -._ -..~--- _~ -- _..-r _ D) MODIFICATION OF PROTECTIVE RESTRICTIONS With the cncurrence f a 2/3 majrity f lts in Cvingtn Subdivisin, Sectins I and II, the Bard f Directrs f the Cvingtn Prperty Owners Assciatin may alter, amend, mdify, r change any r all f the Prtective Restrictins set frth herein by recrding a signed and ntarized dcument t that effect in the Clerk's Office f the Circuit Curt f Gchland Cunty. One vte shall be allcated t each lt. E) ENFORCEMENT OF RESTRICTIONS In the event f a vilatin r breach by any wner f any f the Prtective Restrictins set frth herein, the Bard f Directrs f Cvingtn Prperty Owners Assciatin and/r the wners f any lt, whether singularly r jintly with ther wners, shall have the right t prceed at law r in equity t cmpel cmpliance and seek damages. The failure f the Bard f Directrs r any ther party entitled t enfrce cmpliance r take any ther actin, n matter hw lng cntinued, shall nt cnstitute a waiver f the right t d 80 thereafter fr the same r subsequent breach. The invalidatin in whle r in part f any f the Prtective Cvenants herein expressed by a curt f cmpetent jurisdictin will nt affect the validity f the remainder. In the event f litigatin being successfully pursued fr a vilatin heref, the party fund respnsible fr breach will pay reasnable attrney's fees t the successful party in additin t full cmpensatry damages. F) TERM OF RESTRICTIONS Unless previusly altered, mdified, amended, changed r eliminated pursuant t Part D heref, all Prtective Restrictins cntained in this instrument shall run with the land subject heret and shall be binding upn the wners theref and all persns claiming under them, their agents, heirs, legal representatives, successrs and assigns fr a perid f twenty (20) years frm the date f the executin f this instrument, at which time such Prtective Restrictins shall be autmatically extended fr successive perids f ten (10) years, prvided, hwever, that a majrity vte f the wners f lts in Cvingtn Subdivisin, Sectins I and II, may change r terminate, in whle r in part, the Prtective Restrictins by signing and recrding in a lawful manner, an instrument t such effect. One vte shall be allcated t each lt. In the event that any Prtective Restrictin set frth herein is invalidated by any curt and the Bard f Directrs fails t exercise its right under Part D heref t replace such invalidatin! a majrity f the then prperty wners at any time thereafter may by signing and recrding an apprpriate instrument, replace such invalidated Prtective Restrictin with 13

8 -..-._.._--_--...._-_...._---._--., _ _-_... _. -...,_ ~ a Prtective Restrictin gverning the subject matter f the invalidated Prtective Restrictin. G) OMISSION OF LOT 20B These Restrictins shall nt apply r have any binding effect upn Lt 20B, Sectin I, Cvingtn Subdivisin. INSTRUMENT i RECORDED IN THE CLERKlS OFFICE OF GOOCHLAND COUNTY ON 71~-UtJ-~---- OCTOBEli 29, 2002 AT 03: 26PM LEE G. TURNERt j CLERt\ (DC) BY: c t' ~ U1 C\l 14