This DEED OF RESTRICTIVE COVENANTS AND ROAD

MAINTENANCE is made this 18th day of April, 2005 by and

between REVA ASSOCIATE, LLC;  MANHATTAN BEACH ASSOCIATE, LLC and DESTIN ASSOCIATE, LLC, all Virginia limited liability companies, GRANTORS AND GRANTEES herein.

 

          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 November 18, 2004 from Ronald D. Gore and by deed dated November 1, 2004 from Henry Tilton Gurrell et als recorded among the land records of Culpeper and Madison Counties and,

 

          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.

 

             NOW, THEREFOR, the Grantors herein do declare the following restrictions to apply to the lots described above which shall be known as REVA FARMS SUBDIVISION:

 

     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 Lot must exceed 2,000 square feet of finished floor space excluding garages, basements, decks, and porches. The following restriction shall be placed on all homes built:  a) No exposed block foundation is allowed.  All foundations must be brick, natural stone or architectural masonry.  b)  Any pool that may be constructed must be a below grade type pool c) All houses shall have a roof pitch of 8 1⁄2 or greater unless specific approval for a lesser pitched roof is granted in writing by the Grantors herein.  

 

      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 Lot of its owner and will not be allowed to run at large, excepting foxhounds owned by Kelly Corbin, which may from time to time pass through the lots. No     owner may operate a commercial kennel, training facility,             boarding facility or breeding operation on their property, but may   do so as a hobby as long as such operation is conducted in such a manner as to not become a nuisance to the neighboring property owners.    

 

       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.

 

ROAD MAINTENANCE

 

               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 Hoover Road and services Lots M3, M4, C1,C2, C3,  C5 and C6.  The second road to be named Collier Lane comes off of James City Road and services Lots M5, M6,  and M7.  Lots M8 and C4 shall be permitted to elect which road they will use and , once having connected  to one or the other of the roads shall thereafter be a member of that road’s association and notwithstanding any language to the contrary herein shall not contribute to maintain the road they do not use, but shall contribute to the maintenance of the sections of the road they do use.

 

               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 Collier Lane members shall be comprised of the owners of Lots M5 through M8.

 

       2.    Reva Farms Lane shall be divided into four sections.  The first section shall begin at the entrance to Reva Farms Lane at Hoover Road and shall be 500 feet in length.  The second section shall begin at the end of the first section and shall run on approximate distance of 1000 feet until it reaches the fork at Lot C2 where one portion of the road turns toward Lots C3 and C4 and the     other section of the road turns towards Lots C5 and C6.

 

       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 Madison Counties.  The meeting shall occur within the subdivision and owners may attend by proxy.  Should a special assessment be voted at such meeting, it shall be due within sixty days following such meeting.

 

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 Collier Road shall operate under the same rules as are set forth above except that any one owner may call for a special meeting. Collier road shall be divided into four sections. Section one shall run from the state road to the point where the driveway for lot M 6 leaves Collier. All lot owners shall maintain Section one. Section two shall commence at such point and shall run to the point where the driveway for Lot M 5 leaves Collier. All members shall maintain Section two except for the owners of Lot M 6. Section three shall commence at such point and shall run until the driveway for Lot M 8 leaves Collier. This section shall be maintained by the owners of Lots M 8 and M 7. The final section of Collier, leading to Lot M 7 shall be maintained solely by the owner of Lot M 7.

 

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

                                             MANHATTAN BEACH ASSOCIATE, LLC

                                             DESTIN ASSOCIATE, LLC

 

 

                                             By: Underwood Management Corporation                                                           Managing Member

 

 

                                             By:_______________________________

                                                    President

 

 

STATE OF VIRGINIA

COUNTY OF CULPEPER

 

               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: