This DEED OF RESTRICTIVE COVENANTS
MAINTENANCE
is made this 18th day of April, 2005 by and
between
REVA ASSOCIATE, LLC; MANHATTAN BEACH ASSOCIATE,
LLC and DESTIN ASSOCIATE, LLC, all
WHEREAS, the Grantors herein are joint
owners of certain lands lying in both Culpeper and Madison Counties, Virginia
south of Virginia State Route 609 (Hoover Road) in Culpeper County and North of
Virginia State Route 612 (James City Road) in Madison County being the same
properties the Grantors acquired by deed dated
WHEREAS, by lot line plats recorded in
Plat Book 29, pages 30 to 33 of Madison County, Virginia (revised in Plat Book
29 at pages 49 and 50) and in Plat Cabinet 8 Slides 423 through 427 of Culpeper
County, Virginia, (revised in as instrument 050004744), the Grantors have
subdivided said lands creating Lots M1 through M 8 in Madison County and Lots
C1 through C6 in Culpeper County and,
WHEREAS, the Grantors now desire to dedicate for the use of such lots permanent
ingress/egress easements and permanent utility easements and desires to place
certain restrictive covenants which shall run with all of such lots and shall
be binding upon them and upon the successor owners of such lots.
1. The
protective covenants hereinafter set forth are hereby created for the purpose
of insuring the best use and the most appropriate development and the
improvement of said property and to protect owners of lots against such
improper use of surrounding lots as will depreciate the value of their
property; to preserve, so far as practical, the natural beauty of said
property; to guard against poorly
designed and proportioned structures and
structures built of improper or unsuitable materials; to insure the highest and best development of said
property; to encourage and secure the
erection of attractive homes thereon, with appropriate
locations thereof on said building sites, to secure and maintain property setbacks from streets, and adequate free space between structures, and in general to
provide adequately for a high type
and quality of improvement on said property and thereby to enhance the value of lots therein.
2. The
residential lots (hereinafter referred to as the “Lots”) shown and designated as
described herein above, being Lots C1 through C6 in Culpeper County and M1
through M8 in Madison County shall be held, transferred, sold, and conveyed,
subject to the covenants, conditions and restrictions set forth below, which
shall run with the land and be in full force and effect for a period of 40
years from the date of this instrument , and shall be automatically extended in
their entirety for successive periods of 10 years, provided, however, that
these restrictive covenants may be amended, altered, released or terminated at
any time during the initial 40 year period or the succeeding 10 year periods thereafter by appropriate
instruments in writing, executed and acknowledged by the owners of a majority
of the lots affected hereby, filed of record in the Clerk’s Office of Culpeper and Madison Counties, Virginia.
3. The
Lots. Each lot shall constitute a residential building site and shall be used for residential and
agricultural purposes only provided
owners may have offices and conduct business within their homes as long as there is no outward appearance of such business and provided such business is not
open to the general public and does not
generate additional traffic in the subdivision. The layout of the lots as shown on the record plats hereinabove referred to shall be substantially
adhered to; provided, however, the size
and shape of any lot may be altered by boundary rearrangement with neighboring lands as long as no additional lots are created thereby.
4. Dwelling.
Any residential dwelling constructed on a
No
manufactured homes are mobile homes are permitted on a lot for any reason whatsoever. Modular homes are permitted if they conform to all dwelling
requirements herein.
5.
Pets. Only usual household pets will be allowed on the lots and such pets shall be restricted to the
6.
Agricultural animals. Cattle, sheep, and horses are permitted on
the lots, provided that the total number of such animals on a lot may not
exceed one animal per acre and provided the owner takes appropriate fencing
steps to assure that such animals shall be confined to the lot of the animal’s
owner. Chickens are permitted, provided
that they are penned. The total numbers
of chickens shall not exceed two chickens per acre. All other agricultural animals, including
goats and swine, are prohibited. No feed lot operations of any type shall be
permitted.
7.
No signs or billboards shall be
erected or maintained on the Lots excepting real estate “for sale” signs during
the period that a Lot is being marketed for sale and a sign not greater than
two square feet in size at the entrance to the lot giving the address of such
property and the owner’s name. No trade materials or inventories may be stored
and no mobile homes, trailers, camping trailers, trucks, boats or inoperative
vehicles may be used, stored or regularly parked on the premises unless they
are fully confined within a permanent structure so as to be not visible from
any adjoining lots or roads.
8. Trees. No living trees
measuring twelve inches or more in diameter (outside bark to outside bark) at
six feet above the ground level may be removed within 100 feet of any Lot
property line unless such removal is required to construct and maintain the
roads and utilities within the development or unless such removal is required
to construct the driveways into the properties. Furthermore, any tree which has
been damaged and thereby presents a risk to life or property may be removed.
The subdivision is serviced by
two roads to be constructed by the developer.
The first road, to be named Reva Farms Lane comes off of
The Grantors hereby declare that
such roads as shown on the plats of the subdivision shall be cross easements
for ingress and egress for all lots as listed above and shall run the benefit
of and be a burden upon all lots in perpetuity. In addition, the Dedicators
hereby create easements for the installation and maintaining of utilities
within all such roadway easements and within twenty five feet of all boundary
lines within the subdivision. The Dedicators expressly reserve the right to
grant the use of such easement areas to any utility companies they may in
future choose including, but not being limited to companies supplying
electricity, gas, water, sewer, telephone and cable.
1.
Two road maintenance associations shall be formed to care for such
roads. All future owners of such lots shall be members of the association for
the road which services their respective road (i.e. Reva Farms Lane members
shall consist of the owners of lots M3, M4 and C1 through C6, while the
2.
3. Within Twelve months following the
completion of the third residence
within the subdivision, the Grantor shall improve sections one and two as a chip and double seal road surface. The
sections of the road servicing Lots C3 and C4 and Lots C5 and C6 shall remain gravel road surfaces
unless the owners of such lots elect at
their sole expenses to upgrade the same.
4.
All lot owners
using Reva Farms Lane shall contribute an equal proportionate share of the cost
of maintaining the first section of the roadway.
5.
All lot owners
except for the owners of Lots M3, C1 and M8 shall contribute an equal
proportioned share of the cost of maintaining the second section of the roadway.
6.
The owners of
Lots C3 and C4 shall share equally in the cost of maintaining the jointly
shared road which runs from the end of Section 2 until the point where Lot C3’s
driveway leaves such road after which point Lot C4 alone shall maintain such road.
7.
The owners of
Lots C5 and C6 shall share equally in the cost of maintaining the jointly
shared road which runs from the end of Section 2 until the point where the road
ends at their common corner.
8.
If Lot C2 uses any portion of either of the above
roads, the owner of such lot shall pay a proportional share of the cost of
maintaining the piece so used until it reaches the driveway for Lot C2.
9.
Annually, on
the first Saturday in May and at a location within the subdivision, the owners
of the lots shall meet to examine the road sections. Thereafter, the owners shall vote for an
assessment for that year with a separate assessment being voted upon for each
section of the road as described herein.
Each lot owner may vote only in reference to those sections in which
such lot participates. Each lot is
entitled to one vote. Votes may be cast
by proxy given in writing to an agent for such owner. Those in attendance shall
constitute a quorum. If any section does not have a quorum, the assessment set
for the prior year shall be automatically adopted for the coming year.
10.
The owners
shall also at the annual May meeting elect a treasurer who shall collect the
assessments agreed upon and who shall thereafter make arrangements for the
repairs agreed upon. Each sections funds
shall only be used to repair and maintain such section for which the funds were
collected.
11.
Assessments
shall be due on or before July 1st of each year and shall cover the
period running from July 1st of the year of such meeting until June
30th of the following year.
12.
Special
meeting of the owners obligated to maintain any section may be call at any time
by a written resolution of one third or more of such owners. Notice of the time and place of such special
meeting shall be mailed at least two weeks in advance to all owners within such
section using the
mailing address for such owners shown on the tax records of Culpeper or
13.
If any lot owner
fails to pay their assessments, the same shall constitute a lien on the lot
until paid. In addition any owner shall
have standing to institute action on behalf of the association in the General
District Court of the county in which the nonpaying lot is located to collect
the same together with reasonable attorney fees.
14.
Until a
residence is started on lot, the owner of such lot shall not be required to
contribute financially to the association, nor may such owner vote on the
amount of any assessment. At such time
as a building permit is issued on any lot for a residence, the assessments and
voting shall commence for such lot.
15.
If any owner
or their contractor at any time damages any road by overburdening the same,
such owner shall immediately and at their sole expense repair the same
restoring the road to a condition at least as good as that which existed prior
to such damage.
16.
The road maintenance
for
17.
This
maintenance agreement shall remain in full force and effect unless amended by a
majority of all lot owners supporting Reva Farms Lane as to the maintaining of
that road or by the majority of all lot owners supporting Collier Road as to
the maintaining of that road.
Witness
the following signatures and seals:
REVA
ASSOCIATE, LLC
DESTIN
ASSOCIATE, LLC
By:
Underwood Management Corporation Managing
Member
By:_______________________________
President
STATE
OF
This document was signed and
acknowledged before me this ____day of May, 2005 by Thomas S. Underwood, V, President
of Underwood Management Corporation.
________________________
Notary
Public
My
Comm expires: