HomeMy WebLinkAboutZMA198500033 Ownership Documents 1981-05-18 „. . rrri 7 ' 7 rhr.rn 1 �
. . , t • 1 1
fF�• . ' DECLARATION
OFCOVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
EARLYSVILLE FOREST
ay;='
vi SECTION ONE
THIS DECLARATION, made on the date hereinafter set
•
forth by'GEORGE HARRISON GILLIAM, Trustee of the Earlysville
Forest Land Trust under Trust Agreement dated. April 30, 1981,
hereinafter referred to as "Declarant”,
WITNESSET H:
WHEREAS, Declarant is the owner of certain property
in the County of Albemarle, State of Virginia, which is more
particularly described as:
All that certain tract or parcel of land with •
improvements thereon and appurtenances thereto,
near State Route 743 in Earlysville, Virginia,
containing 84 .881 acres, more or less, as shown
and described on a subdivision plat of Gloeckner,
Lincoln & Osborne, Inc. , of Section One, Earlys-
ville Forest, dated March 16, 1981, as revised
to May 13 , 1981, attached hereto as a part of
'' this declaration, less and except Parcel C
(containing 3 .769 acres) shown on said plat,
' ` , being a portion of the land conveyed to the
Declarant, by deed of Mary H. Lupton and
Thomas G. Lupton, dated May 1, 1981, of record in
' the Clerk' s Office of the Circuit Court of Albemarle
County, Virginia prior hereto.
AND WHEREAS, Declarant will convey the said properties,
subject to certain protective covenants, conditions, restrictions, `
reservations, liens and charges as hereinafter set forth;
NOW THEREFORE, Declarant hereby declares that all of
the properties described above shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and
conditions, all of which are for the purpose of enhancing and
protecting the value, desirability, and attractiveness of the
real property. These easements, covenants, restrictions, and
conditions shall run with the real property and shall be binding
on all parties having or acquiring any right, title or interest
in the described properties or any part thereof, and shall ,inure
•
,..
_- -- --' 77- .
" ...4... ,n , 7 1 1 r,1rrt1 3 15
n rr
to the benefit of each owner thereof.
ARTICLE I
i
•
DEFINITIONS
Section 1 . "Association" shall mean and refer to The '
Earlysville Forest Home Owners Association, Inc. , its successors
and assigns.
' ' Section 2. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such additions
thereto as may hereafter be brought within the jurisdiction of
the Association.
Section 3. "Common Area" shall mean all real property
owned by the Declarant or the Association for the common use
and enjoyment of the members of the Association and shown
on said subdivision plat as "Common Area" or as "Common Open
Space. "
Section 4 . "Lot" shall mean and refer to any plot of
;iG 4 land shown upon any recorded subdivision map of the Properties
sy/q/g/ ' with the exception of the Common Area.
Section 5. "Member" shall mean and refer to every
person or entity who holds membership in the Association.
Section 6. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee simple
title to any Lot which is a part of the Properties, including •
contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Section 7 . "Declarant" shall mean and refer to
George Harrison Gilliam, Trustee as aforesaid, his successors
and assigns if such successors or assigns should acquire more
than one undeveloped Lot from the Declarant for the purpose of
development.
Section 8. "PrivateiRoad" shall mean and refer to
each and every road within the Properties designated upon any
recorded subdivision plat as a "private road. "
-2-
rnnx 7 ! 7 rrrn ? ^ r
.
• ARTICLE II
,
ANNEXATION OF ADDITIONAL PROPERTIES
,° The restrictions contained herein as well as all of
the rules, regulations and controls herein provided shall be
applied to such future land as may be platted by the Declarant,
or his assigns, so long as said land is either a portion of
the remaining properties originally conveyed to the Declarant
by deed of Mary H. Lupton and Thomas G. Lupton, dated May 1,
1981, of record in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 7I17 , page 030 , or is
adjoining any of said property conveyed to Declarant, by the
aforesaid deed, and the application of these restrictions to
said adjoining land shall commence upon the platting of said
adjoining lands as a part of this subdivision.
ARTICLE III • ;
i _ MEMBERSHIP
retie/
/4i
� t $/ Every person or entity who is a record owner of a fee
or undivided fee interest in any Lot which is subject by
covenants of record to assessment by the Association, including
contract sellers, shall be a member of the Association. The
foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an
obligation. No owner shall have more than one membership.
Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment by the
Association. Ownership of such Lot shall be the sole qualification
for membership.
ARTICLE IV
VOTING RIGHTS
The Association shall have two classes of voting
membership:
-3-
INg•
ftk
,41 4.0
. • , ' • rnnr 7 1 7 p11�rf1 3 ? 7
Class A. Class A Members shall be all those Owners as
. defined in Article III with the exception of the Declarant. Class
A members shall be entitled to one vote for each Lot in which
they hold the interest required for membership by Article III.
When more than one person holds such interest in any Lot, all
such persons shall be members. The vote for such Lot shall be
exercised as they among themselves, determine, but in no event
shall more than one vote be cast with respect to any Lot.
Class B. The Class B Member (s) shall be the Declarant.
The Class B member (s) shall be entitled to two (2) votes for
each Lot in which it holds the interest required for membership
by Article III, provided that the Class B membership shall cease
and be converted to Class A membership on a section by section
basis at such time that more than seventy-five percent (75%) of
P'‘' .
the Lots in that section have been sold by the Declarant to
'8/ individual purchasers, provided that the Declarant shall retain
,its Class B membership as to other sections where less than
seventy-five percent (75%) of the Lots have been sold to
individual purchasers.
ARTICLE V
COMMON AREA PROPERTY RIGHTS
Section 1. Member' s Easements of Enjoyment. Every
Member and his or her guests shall have the right and easement
of enjoyment in and to the Common Area and such easement shall
be appurtenant to and shall pass with the title to every assessed
Lot, subject to the following provisions:
(a) the right of the Association to limit the number
of guests of Members;
(b) the right of the Association to charge reasonable
admission and other fees for the use of any recreational facility '
situated upon the Common Area;
(c) the right of the Association, in accordance' with
its Articles and By-Laws, to borrow money for the purpose of
improving the Common Area and facilities and in aid thereof to
J
-4-
•
;': rnX 7 I 7 PA I) " f .
mortgage said property and the improvements thereto, and the
rights of such mortgagee in said properties shall be subor-
•
dinate to the rights of the Members hereunder;
(d) the right of the Association to suspend the voting
rights and right to use of the recreational facilities by a
Member for any period during which any assessment against his
Lot remains unpaid;
(e) the right of the Association to dedicate or transfer
all or any part of the Common Area to any public agency, authority,
or utility for such purposes and subject to such conditions as may
be agreed to by the members. No such dedication or transfer shall •
be effective unless an instrument signed by Members entitled to
cast three quarters (3/4) of the votes of the Class A membership
and three quarters (3/4) of the votes of the Class B membership,
if any, has been recorded, agreeing to such dedication or
tei transfer, and unless written notice of the proposed action is
,sent to every Member not less than 10 days nor more than 60 days
in advance. However, notwithstanding the foregoing, the
Association may by action of its board of directors, and without
the necessity for action by its members, grant and convey utility
easements; and
(f) the right of the Association to grant to Members
and to the owner or owners of Parcel C shown on the aforementioned
subdivision plat, or any division or redivision of said Parcel C,
the right to drill, maintain and operate wells and septic fields
within the Common Areas, permission for which shall be freely
given by the Association so long as the proposed wells and
septic fields are placed in reasonable proximity to the lots
to be served thereby and the use, maintenance and operation
thereof will not unreasonably interfere with the use and enjoy- •
ment of the Common Areas by the other Members; provided, however,
that in the event water from a public or central well watek
system is available, each owner shall, whether it uses such public
or central well water system or not, pay the minimum usage charges
-5-
and hookup charges of the supplier of water and such charges shall
be deemed "assessments" as that term is used in Article VII hereof,
• and shall be enforceable as therein provided. Water and hookup
charges shall not be subject to the limitations set forth in
Article VII, Section 3.
Section 2. Delegation of Use. Any Member may delegate,
in accordance with the By-Laws, his right of enjoyment to the
Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside on the property.
Section 3. Title to the Common Area. The Declarant
hereby covenants for itself, its heirs and assigns, that it will
convey fee simple title to the Common Area to the Association,
free and clear of all encumbrances and liens, prior to the con •
-
veyance of the first Lot.
Section 4. Miscellaneous. The Declarant hereby grants
to S. R. Wood and M. E. Wood, their children and members of their
immediate family residing in their household, and to their social
guests, the license and right to ride horses over and upon the
Common Area and over and upon the unplatted and unsubdivided
areas of the adjacent lands of the Declarant. The said license
shall be irrevocable so long as S. R. Wood and M. E. Wood or their
children continue to reside at the property (presently designated
as T. M. 31-P 31A) adjacent to the lands of the Declarant near
Earlysville, Virginia, but this license shall expire and be of
no further effect upon and after such time as the said S. R. Wood
and M. E. Wood or their children no longer reside at said property.
ARTICLE VI
PRIVATE ROAD MAINTENANCE
Section 1. Dedication. The Private Roads are hereby
dedicated for, and intended for, public use, but have not been
and are not intended to be accepted for maintenance by the
Virginia Department of Highways (the "Department") , the County
.,
of Albemarle, or any agency or subdivision thereof.
Section 2. Standards. The Private Roads shall be
constructed by the Declarant at its sole expense to the applicable
0 standards of the Department and of the County of Albemarle.
•
-6-
rnrx 7 I 7 ntn'n '! 1 n
Section 3. Private Roads to be Maintained by Certain
Owners.
• (a) No part of the cost of construction, maintenance,
repair, upkeep or replacement (herein called the "Maintenance
Costs") of the Private Roads shall be borne by the County of
Albemarle, the Commonwealth of Virginia, or any other public
agency.
(b) The Maintenance Costs of the Private Roads shall
be paid, as herein provided, by the Owners of each of the Lots
served by such Private Road. All such costs shall be borne
equally by the owners of each of the Lots on such Private Road.
• For example, there are twenty-six (26) Lots served by the Private
Road designated on the attached plat as "Stillwater Lane. " All •
Maintenance Costs of "Stillwater Lane" (and other Private Roads
in Section One) shall be equally divided among the Owners of Lots
1 through 26, inclusive, Section One, Earlysville Forest, the
Owner of each such Lot being responsible and liable for
one-twenty-sixth (1/26) of the total of such costs.
A,� i (c) In addition to its other duties, the Association
"4 shall see: to the maintenance, repair, upkeep and replacement of
the Private Roads, and shall enter into such contract or contracts
for such purpose as may be reasonably necessary. The Association
shall charge and assess, no more frequently than monthly,
the respective Owners for their proportionate share of the
Maintenance Costs, computed and allocated as hereinabove
set forth. Such charges shall be and remain a lien against
the Lot of each Owner so billed until such time as such bill
is paid. The lien for such costs shall be enforceable in
the same manner as other assessments made by the Association
and the provisions of Article VII hereof are incorporated
here by reference.
ARTICLE VII
COVENANT FOR MAINTENANCE ASSESSMENTS ' •
Section 1. Creation of the Lien and Personal Obligation
of Assessments. The Declarant, for each Lot owned within the
•
Properties, hereby covenants, and each Owner of any Lot by
-7-
rnr"( 7 17 rv7n
acceptance of a deed therefore, whether or not it shall be so
expressed in any such deed or any conveyance, is deemed to
. covenant and agree to pay to the Association: (1) annual
•
assessments or charges, and (2) special assessments for capital
improvements, such assessments to be fixed, established, and
collected from time to time as hereinafter provided, and (3)
where applicable, Maintenance Costs referred to in Article VI
hereof. The annual and special assessments, and Maintenance
Costs, together with such interest thereon and costs of
collection thereof, as hereinafter provided, shall be a charge
on the land and shall be a continuing lien upon the property
against which each such assessment is made in the manner as here-
inafter provided, and subject to prior liens upon the property •
as hereinafter provided. Each such assessment, together with
such interest, costs, and reasonable attorney's fees shall also
be the personal obligation of the person who was the Owner of
such property at the time when the assessment fell due. The
personal obligation shall not pass to his successors in title
unless expressly assumed by them.
Section 2. Purpose of Assessments.
,'' (a) The assessments levied by the Association
shall be used exclusively for the purposes set forth in Articles
V and VI hereof, and for the purpose of promoting the recreation,
health, safety, and welfare of the residents in the Properties
and in particular for the improvement and maintenance of the
Common Areas, services, and facilities devoted to this purpose
and related to the use and enjoyment of the Common Areas.
(b) In the event that any such need for
maintenance or repair is caused by the willful or negligent
act of an Owner, his family, or guests, or invitees, the cost
of such maintenance or repairs shall be added to and become
• a part of the assessment to which the Lot owned by such Owner
is subject.dOe
_g_
now/ 7 I 7 ,1./,.n
(c) The Association shall maintain all open and common
areas.
(d) The Association may operate such recreational
facilities as it deems fit and proper and make such extra user
charges as it deems proper for the use of these recreational
facilities.
(e) The Association shall further be in charge of the
general policing and control of the entire subdivision.
Section 3. Basis and Maximum of Annual Assessments.
Until January 1 of the year immediately following the conveyance
of the first Lot to an Owner, the maximum annual assessment
(except for water usage and hookup charges as provided by Article
V and Maintenance Costs as provided by Article VI) shall be
ONE DOLLAR ($1. 00) per month per improved lot (improved by
completed structure) and shall be a maximum of ONE DOLLAR ($1.00)
per month per unimproved lot.
(a) From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual assessment (except for water usage and hookup
charges as provided by Article V and Maintenance Costs as
provided in Article VI) may be increased by the Board of Directors
up to ten percent (10%) per, year effective January 1 of each
year without a vote of the total membership, Class A and B
members, with Class B members casting three (3) votes per Lot
and Class A members casting one (1) vote per lot, and for this
purpose a quorum shall be constituted by a majority of the
total votes authorized.
Section 4 . Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the
Association may levy in any assessment year, a special assessment
applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a described capital improve-
ment upon the Common Area, including the necessary fixtures and
personal property related thereto, provided that any such assess-
ment must be approved by a three quarter (3/4) vote of the total
membership, Class A and B members, with Class B members casting
-9-
rnilx 7 I . r rn 2 2
• two (2) votes per Lot and Class A members casting one (1) vote
. per lot, and for this purpose a quorum shall be constituted by
a majority of the total votes authorized. Said vote is to be taken
in person or by proxy at a meeting duly called for this purpose,
pursuant to the normal notice required for meetings as provided
under the By-Laws of the Association or under Virginia state law,
if none is so provided.
Section 5. Uniform Rate of Assessment. Both annual
and special assessments (except for Maintenance Costs, as provided
by Article VI) must be fixed at a uniform rate for all improved
Lots as a class and all unimproved Lots as a class, and may be
collected on a monthly basis.
Section 6. Date of Commencement of Annual Assessment;
Due Dates. The annual assessments provided for herein shall
commence as to all Lots on the first day of the month following
the conveyance of the Common Area. The first annual assessment
.shall be adjusted according to the number of months remaining in
U441
the calendar year. The Board of Directors shall fix the amount
of the annual assessment against each Lot at least thirty (30)
days in advance of each annual assessment period. Written notice
of the annual assessment shall be sent to every Owner subject
thereto. Unless otherwise established by the Board of Directors,
the annual assessments shall be due in twelve (12) equal install-
ments on the first day of each month, unless other due dates are
established by the Board of Directors, and the annual assessment
shall be prorated where sale is made between the annual January
1 assessment dates. The Association shall upon demand at any
time furnish a certificate in writing signed by an officer of
the Association setting forth whether the assessments of a specified
Lot have been paid. A reasonable charge may be made by the Board •
• for the issuance of these certificates. Such certificate shall
be conclusive evidence of payment of any assessment therein
stated to have been paid.
-10-
•
5
•
• mrN 7 1 7 rirr.n ^ 1 ►:
Section 7. Effect ofiNonpayment of Assessments:
Remedies of the Association. Any assessments (including assess-
ments for Maintenance Costs) which are not paid when due shall
be delinquent. If the assessment is not paid within thirty (30)
days after the due date, the assessment shall bear interest •
from the date of delinquency at the maximum interest rate allowed
by law, and the Association may bring an action at law against
the Owner personally obligated to pay the same, or foreclose
the lien against the property, and interest, costs, and
reasonable attorney's fees of any such action shall be added to
the amount of such assessment. No owner may waive or otherwise
escape liability for the assessments provided for herein by non-
use of the Common Area or abandonment of his Lot. •
Section 8. Lien for Payment of Assessments and
Subordination of Lien to First and Second Mortgages. There shall
t�� �� be a continuing lien upon each of the individual Lots herein, in
414
,order to secure the payment of any of the assessments provided
under this Declaration, but such lien shall be at all times subject
and subordinate to any first or second mortgages or deeds of trust
placed on the property at any time, except as hereinafter provided.
However, at such time as the Association places to record a
notice of 'delinquency as to any particular Lot on a form
prescribed by the Board of Directors, then, from time of
recordation of said notice the lien of such delinquent assess-
ments in the amount stated in such notice shall from that time
become a lien prior to any mortgages or deeds of trust placed of
record subsequent to the date of said notice in the same manner
as the lien of a docketed judgment in the State of Virginia.
The lien of the assessments provided for herein, whether
or not notice has been placed of record as above provided, may be .
foreclosed by a Bill in Equity in the same manner as provided for
the foreclosure of mortgages, vendor's liens, deeds of trust,
mechanic's lien or liens of similar nature. A statement from
the Association showing the balance due on any assessment shall
-11-
•, • I • "f`�•Y� fl 7 7 r"?.. i ^ 1 5
• _ 1 1
•
•
be prima facie evidence of the current assessment balance and
delinquency, if any, due on a particular Lot.
•
• Section 9. Exempt Property. The following property
subject to this Declaration shall be exempt from the assessments
created herein: (a) all properties dedicated to and accepted by •
a public authority; (b) the Common Area; and (c) all
properties owned by a charitable 'or nonprofit organization exempt
from taxation by the laws of the State of Virginia. However, no
land or improvements devoted to dwelling use shall be exempt
from said assessments.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Plans and Specifications Generally. •
(a) No building, fence, wall or other structure shall
be commenced, erected or maintained upon the Properties, nor shall •
any exterior addition to or change or alteration therein be
/11/8, made until the plans and specifications showing the nature,
color, size, kind, shape, height, materials, and location
of the same shall have been submitted to and approved in writing
as to harmony of external design and location in relation to
surrounding structures and topography by the Board of Directors
of the Association, or by an architectural committee composed
of three . (3) or more representatives appointed by the Board
(the "Committee") . In addition to the items hereinafter required
to be shown on the said plans and specifications, and such items
and details as may be required by the Board or the Committee,
all attachments to a dwelling (including storm windows and doors)
shall be shown and described. In the event said Board, or the
• Committee fails to approve or disapprove such design and location
within thirty (30) days after said plans and specifications have .
been submitted to it, such plans and specifications shall be deemed
to have been approved. •
•
(b) Every building, fence, wall or other structure,
including additions or alterations thereto, constructed by Craig
Builders, Charlottesville, Virginia, shall be exempt from the
provisions of Section 1, Article VIII hereof.
-12-
• rnn; 7 17 rnr.(j ^ ? f;
•
•
Section 2. Fences. No fence may be erected upon any
' Lot except behind a line describing the front margin of a dwelling
unit, unless this restriction shall be waived by the Committee.
The "front" shall be that side of a dwelling facing, or most •
nearly facing, a platted street, road or cul-de-sac.
Section 3. Trash Containers. Trash cans, barrels and
containers must be maintained within screened bins. No plans
and specifications will be approved without such screened bins.
Section 4. Antennas. No exterior or roof antennas of
any kind or description may be erected or maintained on any Lot .
or dwelling house or other structure thereon.
Section 5. Maintenance of Trees. No living tree with
a diameter greater than three inches upon any Lot or Common Area
may be cut down without the prior express written permission
of the Board or Committee. A landscape plan shall be submitted
with the plans and specifications referred to above, such plan
p EA 'to show existing trees and shrubs and to clearly indicate those •
Ord to be removed.
Section 6. Clothes Lines . The location of all clothes
lines must be shown upon the plans and specifications submitted
to the Board. No plans and specifications shall be approved
which show the location of any clothes line other than in the '
rear of a dwelling house.
ARTICLE IX
USE RESTRICTIONS
Section 1. Limitation on Use of Lots and Common Area.
The Lots and Common Area shall be occupied and used as follows:
(a) No Owner shall occupy or use his Lot, or permit
the same or any part thereof to be occupied or used for any
purpose other than as a private residence for the Owner and
the Owner's family or the Owner' s Lessees or guests.
(b) There shall be no obstruction of the Common Area.
Nothing shall be stored in the Common Area without the prior
consent of the Association.
(c) Nothing shall be done or kept in any Lot or in
the Common Area which will increase the rate of insurance on the
-13-
•
• , . C3ntt 7 17 PRY) 3 ? 7
:Common Area, without the prior written consent of the Association.
No Owner shall permit anything to be done or kept in his Lot or
in the Common Area which will result in the cancellation of in-
surance' on any Lot or any part of the Common Area, or which would
be in violation of any law. No waste will be permitted in the •
Common Area.
• t
(d) No sign of any kind (except "For Sale" signs of
no more than six square feet on each face) shall be displayed to the
public view on or from any Lot or the Common Area, without the
prior consent of the Association.
(e) No animals, livestock or poultry of any kind
shall be raised, bred, or kept in any Lot or in the Common
Area, except that dogs, cats or other domesticated household •
pets may be kept on Lots, subject to rules and regulations
adapted by the Association. No household pet shall be per- •
mitted off the Lot occupied by such pets ' Owner except on a leash.
/,yrg, . ° (f) No noxious or offensive activity shall be carried
J,� ,�� on in any Lot or in the Common Area, nor shall anything be done
�'►"'� therein which may be or become an annoyance or nuisance to any
other Owner.
(g) Nothing shall be altered or constructed in or
t
removed from the Common Area, except upon the written consent of
the Association.
(h) There shall be no violation of rules for the use
of the Common Area adopted by the Association.
(i) No unlicensed vehicles of any kind or description
(including boats, automobiles, trucks, recreational vehicles,
etc. ) shall be kept or maintained or stored on any platted
street or cul-de-sac or on any Lot or in the Common Areas.
The maximum number of vehicles which may be maintained or
stored on any Lot (excluding those stored in garages) shall be
three (3) . No boat or recreational vehicles shall be kept, •
maintained or stored in such manner as to be visible from any
platted street or cul-de-sac, any other Lot, or the Common Area.
-14-
• .. . rrin.( % 1 7 r r: f1 !► !1
(j ) All toys, bicycles , yard and garden implements,
tools and the like shall be kept and stored out of sight from
platted streets and cul-de-sacs from sunset to sunrise each
day.
(k) No trucks larger than 3/4 ton pickup trucks •
shall be principally garaged or kept on any steet within
Earlysville Forest, or upon any' Lot or within any Common Area.
(1) All woodpiles shall be either uncovered or cover-
ed with tarpolins of dark (green or black) color, and shall be
properly secured.
Section 2. Entry for Repairs. The Association or its
agents may enter any Lot when necessary in connection with any
maintenance, landscaping or construction for which the Association '
is responsible. Such entry shall be made with as little
inconvenience to the Owners as practicable, and any damage
caused thereby shall be repaired by the Association out of the
/i //g/ .common expense fund.
Section 3. Charges and Liens for Compliance Herewith.
In the event that any Owner shall violate any one or more of the
Use Restrictions set forth in Section 1 of this Article IX, and
in the event such Owner shall have been notified by the
Association or its agents, employees, or attorneys (in writing
sent by registered or certified mail to the Owner's residence
address) of such violation, and in the event such violation is
not stopped, halted or corrected (as set forth in such written
notification) and continues, then, without further notice, the
Association may cause such violation to be stopped, halted or
corrected, without liability for so doing, and may cause any and
all costs incurred (including attorneys ' fees) in connection
therewith to be charged as an additional assessment to such Owner. •
Such assessments may be collected in any of the manners specified
in Article VI hereof, including suit at law or in equity Or •
by filing a notice of assessment lien as herein provided. The
remedy herein provided shall be in addition to any other remedy
-15-
� ;r�
• provided or allowed by law or in equity and shall not be deemed
an exclusive remedy. Election of one remedy (whether herein
specified or allowed or otherwise) shall not act as a bar to
the subsequent or concurrent use of other available remedies. fi
ARTICLE X •
GENERAL PROVISIONS •
Section 1. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or in.
equity# all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Association or by any Owner to
enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of •
these covenants or restrictions by judgment or court order shall
in no way affect any other provisions which shall remain in full •
force and effect.
cfri/g/ Section 3. Amendment. The covenants and restrictions
504 of this Declaration shall run with and bind the land, and shall
, inure to the benefit of and be enforceable by the Association,
or the Owner of any Lot subject to this Declaration, their
respective legal representatives, heirs, successors, and assigns,
for a term of twenty-five (25) years from the date this Declaration
is recorded, after which time said covenants shall be auto-
matically extended for successive periods of ten (10) years. The
•
covenants and restrictions of this Declaration may be amended
during the first twenty-five (25) year period by an instrument
signed by not less than two-thirds (2/3) of the Lot Owners,
and thereafter by an instrument signed by not less than
• two-thirds (2/3) of the Lot Owners. Any amendment must be
properly recorded.
IN WITNESS WHEREOF, the undersigned, being the
Declarant herein, has hereunto set its hand and seal this
gr day of , 1981.
EARLYSVILL FOREST LAND
Hy: ! A.,
4,
Trustee
•
-16-
7 17 r!" ^ I. 0
. STATE OF VIRGINIA
COUNTY OF ALBEMA , to-wit:
•
I' , a Notary Public
in and for the unt and State aforesaid, do hereby certify
that George Harrison Gilliam, as Trustee of Earlysville Forest
Land Trust, whose name is signed, to the foregoing instrument
bearing date on the h 'ay of , 1981, has
acknowledged the same before me in my Cou ty aforesaid.
Given under my hand this / day of
1981. I
. My commission expires: `tli t /40i
Nam\ Publ
-17-
x1 . This Subdivision is made with the
"`':�-^%.i�"1,• consent 111. tble Ill,deerRI heed ()WINKel 17 PA F.O 3 I.
`� r (•
�1 Pi n11r let oraljnnd/nrd'rusteea r•
TN,, ,p.„...
..... Signed . 341:, N '••...�•-. rc.,. a T:• ti6•MI f)a t o ---• '� A( et
,n N
` ./.' 4 , "4i. I ff ii bigned,1:• C. ,r. ��� lr
1 , r Date �/ / r' ,'/
•
114 s...••• �� ! Signed(.�.Z �..:.., �4' .•L e�' 7 / Ij
+ .• I,l, 1' y/ Date �7-nf ./ •`_. /
VICINITY MAP
Ai. T 5. STATE OF VIRGINIA , •
I L!% Ac._1 it ' .1. , a Notary Public .
for the State aforesaid do certity' ' ,
THE OWNER, ON BEHALF OF HIM— :#•'-•'i^',.1^1 r;!I,g,, .Tor: . ___ ti, A ��-/ .
•SELF, HIS SUCCESSORS & that :;,,1 r,:•...',.whose names ore signed
ASSIGNS, HEREBY RESERVES AN to t e foregoing writing bearing date of
EASEMENT TEN FEET IN WIDTH j '; 1. S', . have acknowledged the same
ALONG EVERY LOT LINE SHOWN before me in my State aforesaid.
ON THE ATTACHED PLAT FOR
INSTALLATION & MAINTENANCE 'Given under my hand this /% __ Day,
OF UTILITY (INCLUDING CABLE of / '1.1 , 1981 .
TV AND WATER) LINES, APPLI— signed / .7%_' , - •%. r� //, / 1-4--
ANCES, AND APPURTENANCES, My Commission Expires r • ., , 19P.
ABOVE & BELOW GROUND. . . -. -�_s -1 ,
LPEMA'LF CDU//TY PL4A1A1/Na CDMINl55ION i
, ,
CtNTE•2L lAIE
1
GURVE_ _DATA LIAIKMAN kir .:rt� O'l,•4. l(.
!/-.-,.. aD/✓J --i:EG74 7-ARC TANbfN7- 14Te It- ,, ° n.__ __. 1
/ 620.00 11•loon•�rs1:.e5'� a -1,'7EKV/SD25
2 - :allow i4•in'9/+• 481 rI :.lt) 41. - Lb&MAZE& COaIVTY &DAI?O DC Ur 5
3 '?sM,.d,r Si'/5'a'i' /45v Ili 50).'11' _ 1
- vEsk,NAreb AGENr scowl- :v 1 a jta% I 'r.' •
• , _ _ _- , - . _ . .. --__ r.
TUE- PQOPERTY UERE•IN SUP,D1VIp&D IS 5/-1014"V
ON ALgEMARLE fOUNTY TAX MAP 0 3/ A 5
PAQC -L 3/. TIJE PKEESENT DINNER /5
deoR6E NAItersON 6I 4A-1,TRUbrE Fat.
r11 os vn_CE FoRRT tog anus UNOEE •7EED S 1/S1ED /N
44 ew T OAt 4pg,L 7o,11e/
o.. / 5 i49c., Q/5. 176P/B2, D.Q398 T 37, AND
R 6.395 P. 39.
Till 5 PROPERTY /3 PRE-3E-NT1 Y Z ONE•O P. U. D. (A-0
PER 5P•80-57 OP OXTOOER /5, 080. SECT1ON ONE- 5UMM4Rti1 '
AREA OF ENTIRE TRACT 311.00 AC
LOTS I Tla R U 2CG 43.520 AC.
PUBLIC ROAD DEDICATION 1.362AC•
COMMON OPEN SPACE 22.466,AC.
COMMERCIAL AREA 3.74,9 AC.
PUBLIC. RECREATION 8.50. AC.
PRIVATE- ROAD R/W 5.204AC•
AREA OF SECTION ONt= 84.801 AC'
AREA OF RESIDUE 292. 119A1
`Ji LTI1 op ,
°.^7 / ,4 '
►:� g ''
f C / MIAS LIMO r CI
1 REVISE,) d• l7 •'L►l
NO. 1326 v
SUODIV/5/ON PC AT 0A •
�� EyoS SFCT/aN D
NO S U R4 EA,PLY5 V/L L B FOREST'
,P/VANA/A 0/57-4'/47'
AGBEM.o,eL COUNTY ° //.°J8I
SCALE. : /"-ZDD' ABC'Cll Ilo,
GLOECKNEit: LINCOLN, & OSBORNE, INC. [ i/1f7 / oF4.NOINE[RS.SURVEYO ■ AND LAND PLANNES
710 EAST HIGH STREET //I;L
CHARLOTTESYILLE. VIRGINIA S21101
M11 tarn VEN10YIA •7T1IAa71101Yrpa _ • °, •I iio 1�7/1�- - wins Q
4IL77Y1a NON LOWS OIL
/Y7NNV1/ CAM"ONr •YOA7AY61a•lY77NIONi `` 1�7 - o ` , '
1,u % ;,
WI 4aMUTOtiSO V 'J1'IOOiMl'I `uar iB3aO'IO
/9C/ '9/ itr2av/V ,Doze./ :•'71799 WET "ON •
b'/N19?1A ' A iNno, -27a'dwg97v a 1 S=C Ill o
,l7/Z.1 s/O tNiv dnia ' Z ,, / ,
a77//IcA7odg 2 �o
.19ga'Od h��
allo NOIL7?s . o i,l-,pp- "
,o 4d 7d NoisiAiOQf9 - .�
/Q.-C/•P 0I0M7i
•Teno.adde uoTssTwwo3 6uTuustd
• 4noylTM paggTwaad uoTsTATpgns saynsn; oN
• r
aeall GOZ
aPiS ,OT
• 7uoad 10£
• :s>laeg3as wiTiiiiiii
.pauTeluTeu aq treys sainlonale
r.1,: tC�F c•
uaan3aq uoipesedas 3001 OOT
a��
vs e, P •saaur►o 3oT a43 tie Jo
o ` . 8uT3sTsuo3 uoT3ei3ossy 61auno
`�� c9S _amoli a ,Sq pauie3uiu pue pauno
�� "moo 'G )1 ATa3cATad aq o3 aa .1e sain3an s
v� 'Cr -.. .��p,• �D
.e ..a, a9euTeap pue spew a3eAiad TTY
' '�•lb•,- �1b1S
—711 .ps• ono
r'S fb U 1‘‘,1 I.
��� RI u ool goy 5 .y
H w N t. ..�+•b 1Bega� Cr
w
V la ,W .
S.;
L 177 v u v 4•2NN 691•E y Ph ' .
:L , svrxi V S'9 o 792yty 711/2• 4*rW07 `.3 i�
— 'rh S4 dPary nro/.clr22»Y 2/79/2d •• 7 7�7a'dd l 9 kY
s19 1 - 1o,a, 777a'dd °
•; 1
T \ / �'/r ter, /., o k ih
0 1 q Y's LE6'P o
'ti' N �
� yb�
n • /n
I
to � v iV s s;r____ si �7�'Pp. � i�yr � �s
� � 1 _ �� 4b
sb
Ar i� 1 107 -a •.s �. 4 T
ti • os'c, eft 0hN
`� S 107
•frt![.r ova ssF.y •goy ao 44,1�''p QNi •
I
fli
y M.PO.QD,UN •s '�
•�, Z 107 r9r•n .. ao is
.OkO L9 ti �• ° /
(p .
r� 1, 107 q^1•� L "'CP 4:c\a„.... ddQrylO�• t)
•� '$•,a 4 61 40.09 JAW Q.
:(Po UT rftif2'/%p•�k o ��
l• ;107 9 •
:�r.. 0,00
• L I/ S'172Ptu do faiNMo
ion• it I•j•00p oaa •6t'ttf .A, ..fit 61'.. , I�ouv�o� t' aw AP � yt s.
iY OFiJYNangd aB 41 .
s?42,tov to •'a w.11w .a..owf.7 sla7tabli 3ntl3s•Qt •
QO.t,
1N7wR►3 %ar,r JN/or b :atom
t"YI 1'/�"FP'9 f�s,rr/,/r n►p -PJn/nip \ t* : ,
-Pnni5-7.Y �,�••r, F
js
t ..� CRY/ /rr/III,YI ;t/IOd• l r1 V nn N .
�r/c,i 7�imilV/✓ ♦t�.,i/• ` '� 17jJV.� 1 I A JIOOU , .1•.
- (1 •iny/ Pr,•n..i1/.. •w.. J. '
•
.. .. La.,,1U111aLiion approval.
On/e,1elA.ru►ssnoted. . N 1 All private roads and drainage 100 Foot separation between
structuresare to be privately structures shall be maintained
Ilan, indicated/hY1: � ` owned and maintained by a Nome- /1\
Bulldinl Setbacks:
owners Amnor.lullon eons istlnE; 3i)1 'F
rottt
7�•:�a.p,c.1c� Asa�E•�.n+ee/ of all the lot owners.
Mf
10' Side
20' Rear
tM jdr
fvg,/,�,a,,i 4' LOT ZO 0
f�/a.c �� • LOT 49 0 46 . , .
I
---"No LOT 4 �` r,�.I �14
..- 22•.19.� `V 2a qp`�a LOT/6 ;. Vv
/ - �:raf� �, ; 6/,/52 yF ,K1 �qp) T
�Oti �� to LOT/7 w O1t,R(PO.f:
�`� �'L LOT 5 b :I, rea,0o9s�4i ,..7-,4 _ I b)'i '��Of V
0 ((, -� h •�p�'p�r�. NG3•52'1YivtLOT /�j b1 ' . .c.`to �0 \ b 0 ooey,, di?./5' pl06 -l•js40, b7O�r. 5.F y,� .1°.
'vt, `APPAL 5y - '. • 6- ,`'- • /
°� b 1 LOT �', b P.
c1
LOT G 1,bt , /8 w • h 2�)O a q,F . LOT /4 ti
L�`, 72, 5225A o o'
•
q, HIN ,f. • "' 'h..V>, �,?0. Gaits so ti
• W, p 2 57, 'p lr, tie S17s
TE1E' L �' s d `.
A . 7./LlAV / AoNe 4.,do 6r v t _ `,eto il s ?�_•4.341 vit' �a r�R 4
t� Ug•45'E ._ 12) 4 2,7� gs . Q1 S��4 �• b�
,s o'er 5.99 60',C//rr•�� .,� *�°s. ��� . . �,i�� ��. B�5 .;, ;� ' 4
•7 ® J 's ss•
Q�
• LOT 7 t, e 3 'el ; LOT/O .a.7 s# ,,, R.5'� SLOT t
a
W s 7G,993 s.t . o I' 4476,2 3F �.?� ttoA /3 p�e 3
$�, b q�7o b4' o o 13:13q1
Q ;';tel %.. rho :::11:(11..:
� � �, o�• In .t. y�� sa�.n 1� �• w h 'ti
r No
2 , 1,8 �`� I
�'Q• .
T 0 i`.4l Cow 00 % s
;u 63,O31sp a�•a° 107 9 4'�J N LOT /2 • �; .
LV h BD,G52s.F o• 93,660St /T"ra..
D.
Sod.2,5. D.
1. soG 33•
Ala 2.ea.‘,y a. Ta9.I t, io
•
Common dean !ifroct" b.
•
�, /4.Z33 AcR' '°
q. m 04
T
T'9 � N
� o39/c9r�
ao.. O
43
•
Rfi'/seo d•/9-'8i S •13.8/
i d6 5°5'
.• 4-8 IV 9••A..,; I'.. - . ,
`
5c/Oo!V/3ION PC AT 0A ��F;l►LTlf O�
SECT/ON ON&
,: •• •EA,2LYS V/L L.E— FO2E5 T I
iP/VAN/VA D/5Te/ T COUNTY , V/ G/N/A
rt NO. 1326 '
SCALE-: /'-ZOD' MA,CCIJ /D, /98/
QLpECKNER. LINCOLN. & OSRORNE, INC. /WK.,'' QIO1Ncc11•.•URYc7Oa1• AND LAND /LANN[A• 00.0 �i'r ' cif
710 LAIR NION rT11tR O .• riPEET 3 eF s % 11232
CNAIMLOTTc•VILlc. V111OINIA 211101
• -sz •� •
�:' �/2L?sal,indlcaftd flue,
: 3 ai�a nefsd. ,
123 C• 'Oo t �70.o d•
.N Q V.` 5 Dp �•f.1 113� —.1G• •
sGG.S;• °• &omi indite/ad fb.,
,��Ba-3! •
R�N 31 ��1dms ^/?6'3o•IV "4d;oi' NH s' 1 �0 ���. .7ie:nn? Eose.nt /
A`• /d °' 'N y e LOT 2 3 oo�����'� •.. Q ind;�atcd �b„s
4„V.' �Xi 3, N LOT 22 c_'$ G5,a50 s ^6 �� 9'-
Oo'
to #4__ _ ___
�h'yh.,, LOT Zi v'W GD,/73 sf ,� if' ' a -:�
r
G . , LOT24 ` �'�' LO�T/9 `G/�35 Js•f�; '*%O5.96. 4 /UZ,489 S.F IC w V'V`
5' •ter'- Ca ®Ij203� �N p
s1� '�, •'R°O 0.36s V t ��
S.
71-4
„t�'`� i, LOT /t, a C•''' ` .f•. e� M401.NV' sy �- A t
arc - Z ,�. - 25
(i4,454 s.F /05.Got sec. o�
G�t �6. •, �Z �•• `so iP'SYi ��3 oN time SSA 0/ • o 5 �51
1' . , - g ,160 L��Q�J• p�` `. 3.)7..0 C®""'o�+ O.oc„ w 475.39. .25 S
L 9T . 5 �.s 1�• �1 j,�! °�s ~ '" ;;:,.� N soe 9s — , s'°z®� _� �,� a1 7.94b=a�-.`_
�%� y• p�b 'c.� 3 59-/3'3D'`v � i®53�" Agp.�d'o7 <�
1 I lab i-, frs�/9 J "K r�,o
'��i .Pet 0 -
�? T e P. 191.16 0°�All_private roads and drainage
•T o AT v; '^; Mj/p i 1.�' a M It structures are to be
Z. 7 R L . /�r v ../nbo �D `` h0 f. 4 privately
• D6 fSosa/yy i 5• P 1 ► owned and maintained by a Home-
cr� •
„ 4�" ?iZ 4 owners Association consisting
c) _ ��- s s•• ,760.i
of all the lot owners.
go - �' • 46b? a • '
TZt � O_i 100 Foot separation between
ti /Jj�; L structures shall be maintained.
tiBuilding Setbacks:
,c •- 7*, c•S 13ti QNo further subdivision permitted without 30' Front
' .Q v Planning Commission approval. 10' Side
\ / �, 4; try 20' Rear
OR SUBO/V/S/ON PC AT OA
LST/Z : sl'4' Op !WV. 3-/,-/ SECT/ON ONE
- �1 p A ` 4- e -67
S(C:x /
LL Ta/• p ���• I'''iMI AL 2 /P/VA/VIVA 0/5 7 e/C T
�, • tea® 3 'fir' U MOMS L UN ALBE M4&PL 1� COUNTY, V/.PG/IV/A
• • N�:.00w „ •
$ NO. i SCALD /'-ZOD' NARC/� /G, /. 8/
Y.��.,, - / c �.��p •
GIAECKNER. LINCOLN. & OSBORNE, INC. {
-" ev% 0� • • OiOINUNS,SUNVRORS AND LAND PLAMM[RO
-- .� Dien e'� A - --- -
Spo«.--- —__-..____ l_- • -----_____ --- •u VIM I - �- •--- DID EAST M�oN Rw3eT :
•
" r t r rn;( 7 7 rP�t7.0 ? J' 5
i VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCtIT COURT OF ALBF.M RL1
This deed was presented , and with Certificate annexed,
admitted to record on rYY a �( 19 S I at
�ISTATE TAX
LOCAL TAX •
TRANSFER FEE TESTE: SHFr,P.Y .T o MARSHA.LL, CLERK
� CLERK'S FEE
PLAT '3
GRANTOR'S TAX RY Y ) .
•Ii TOTAL .9`U� - --- - —DEPUTY CLER!.
d
•
•
•
•
•
r
•
•
}
It '
•
•
•
•
•