HomeMy WebLinkAboutSUB202100045 Correspondence 2021-07-14 (3)nQu P1G-n o r
ZAKIN CONSTRUCTION COMPANY
RECORDED RESTRICTIONS BINDING ALL LOTS
IN THE GRAEMONT SUBDIVISION
THIS DECLARATION, made this J_? day of April, 1988, by
ZAKIN CONSTRUCTION COMPANY,
hereinafter called "Zakin".
a Virginia corporation,
W I T N E S S E T H:
WHEREAS, Zakin is the owner of the real property
described in Article II of this declaration (the property)
and desires to create thereon a subdivision; and
WHEREAS, Zakin desires to provide for the preservation
of the values and amenities in the neighborhood and for the
maintenance thereof; and, to this end, desires to subject
the real property described in Article II to the covenants,
restrictions, easements, charges and liens, hereinafter set
forth, each and all of which is and are for the benefit of
the property and each owner thereof; and
WHEREAS, Zakin has deemed it desirable, for the
efficient preservation of the values and amenities within
Graemont, to create an agency to which should be delegated
and assigned the non-exclusive powers of administering and
enforcing these covenants and restrictions and collecting
and disbursing the assessments and charges hereinafter
created; and
WHEREAS, Zakin has incorporated under the laws of the
State of Virginia as a non -stock corporation, the Graemont
Property Owners Association, Inc., for the purpose of
exercising such functions:
NOW THEREFORE, Zakin declares that the real property
described in Article II is and shall be held, transferred,
sold, conveyed and occupied subject to the covenants,
restrictions, easements, charges and liens (sometimes
referred to as "covenants and restrictions") hereinafter set
forth.
ARTICLE I
DEFINITIONS
Section 1. Definitions. The following words when used
in this Declaration or any Supplemental Declaration (unless
the context shall indicate otherwise) shall have the
following meanings:
(a) "Association" shall mean and refer to the Graemont
Property Owners Association, Inc., a Virginia corporation,
its successors and assigns.
(b) "Developer" shall mean and refer to `Lakin
Construction Company and to any entity to which Zakin may
specifically assign its rights and interest pursuant to the
terms of this Declaration.
(c) "Zakin" shall mean and refer to Zakin Construction
Company, a Virginia corporation, its successors and assigns.
(d) "Graemont" shall mean and refer to all such real
property and any additions thereto as are subject to this
Declaration or may be made subject thereto by any
supplemental declaration.
2
BOOK o o (1 PAGEO 18 n
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The Property. The real property which is, and shall
be, held, transferred, sold, conveyed, and occupied subject
to this Declaration is located in Albemarle County,
Virginia, and is more particularly described on a
subdivision plat of Lots 1 thru 24 of Graemont made by R.O.
Snow, Inc., dated October 23, 1987 revised February 5, 1988
said plat attached to and recorded with this Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every person or entity who is
a record owner of a fee or undivided fee or interest in any
Lot which is subject by covenants of record to dues or
assessment by the Association shall be a member of the
Association, provided that any such person or entity who
holds such interest merely as security for the performance
of an obligation shall not be a member.
Section 2. Voting Rights. The Association shall have
two (2) classes of voting membership:
Class A. Class A members shall be all owners, with the
exception of the Class B owners, as defined below, of Lots
and shall be entitled to one vote for each Site owned. When
more than one person owns any Site, all such persons shall
be members. The vote for such Site shall be exercised as
they among themselves determine, but in no event shall more
than one vote be cast with respect to any Site.
C,� f
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BOOK f1 PAGE!? ! P, o
Class B. The Class B member shall be the Developer and
shall be entitled to two votes for each Lot or Living Unit
owned.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Architectual Control. No building, fence,
wall or other structure shall be commenced, erected or
maintained upon the lots nor shall any exterior addition to,
or change, or alteration therein, be made until the plans
and specifications showing the nature, 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 an architectural committee
composed of three (3) or more representatives appointed by
the Board. Additionally, no trees with a diameter greater
than six inches shall be cut without permission of the board
and the location of all television and/or radio antenae
shall be approved by the board. In the event the Board, or
its designated committee, fails to approve or disapprove
such design and location thirty (30) days after plans and
specification have been submitted to it, then this Article
will be deemed to have been fully complied with.
As long as Zakin owns any lots in Graemont Subdivision,
then the architectural control committee shall consist of
Zakin and two other persons appointed by it.
4
w n n (1 PAGEh ! it
section 2. Uses. The land included in this
subdivision shall be used for private family residential
purposes only. And no building of any kind, whatsoever,
shall be erected or maintained thereon, except for: (a) one
private dwelling house; (b) a private garage for the sole
use of the respective owners or occupants of the building
lot upon which such garage is erected; (c) a building for
the storage of non-commercial vehicles, equipment and tools,
a private green -house, garden shelters or bath house
accessories to swimming pools; (d) one guest house on each
building lot; (e) a building or buildings to shelter
domestic pets kept for the pleasure of the occupants of the
lot.
section 3. Order of Construction. The main
residential dwelling must be constructed before the erection
of any secondary building and no structure of a temporary
character, trailor, basement, tent, shack, garage, barn or
other out -building shall be used on any lot at any time as a
residence either temporarily or permanently unless written
approval is first obtained from the committee.
Section 4. Conservation Buffer Zone -Activities Limited
or Not Permited. No building, fence, structure and/or
improvement of any nature whatsoever, either temporary or
permanent, and no vehicle, equipment or property of any kind
shall be constructed, erected, placed upon or stored upon
the portions of the lots within the confines of the
Conservation Buffer Zone as shown and described on the
5
attached plat; and further forestry activities are limited
to the selective cutting designed to promote the welfare of
the remaining vegetation; and access, i.e. roads, driveways,
etc., and construction of wells are permitted. These
restrictions shall run with the land and shall be binding
upon the declarant and his successors and assigns, and upon
any and all parties who have or shall acquire any right,
title and interest to any lots within Graemont. These
restrictions shall be enforceable by the individual property
owners, the Graemont Property Owners Association, Inc., and
by the County of Albemarle with periodic inspection to
ensure compliance.
ARTICLE V
COVENANT FOR ROAD MAINTENANCE
Section 1. Maintenance of Roads and Entrances by
Association. Lots 1 through 7, inclusive, will be served by
Graemont Lane, and lots 8 through 24, inclusive, will be
served by Graemont Drive. Both roads, at the inception of
the subdivision, are dedicated to public use and at some
future date shall be dedicated and accepted into the highway
system of the Commonwealth of Virginia. The association
will provide maintenance and upkeep for both entrances and
for those roads within Graemont which are not dedicated and
accepted into the highway system of the Commonwealth of
Virginia. However, upon the acceptance of said roads into
the highway system, any monies collected hereunder but not
4
0
NOK g 9 n ,PAGEO
spent shall be used by the association for maintenance of
the entrances.
Lots 3 and 4 are not only served by the roads referred
to in the above paragraph, but also by an access easement
primarily for Lot 3 as shown on the subdivision plat. The
owners of Lot 3 , in addition to sharing in the maintenance
cost of Graemont Lane and Graemont Drive, also will maintain
the access easement. If Lot 4 should use any of the access
easement for ingress and egress, then the owner of Lot 4
shall share equally with the owner of Lot 3 the cost of
maintaining the jointly used portion of the access
easement.The remainder of this article shall apply to the
access easement to Lots 3 and 4 in the same way that it
applies to the private roads in Graemont Subdivision.
Section 2. Damage from Construction Activities.
Notwithstanding any other provisions of these restrictions,
each owner of any lot in Graemont Subdivision shall be
solely and exclusively responsible for, and shall bear the
costs, maintenance and repair of any private road
necessitated by construction, development, or other unusual
activities on his/her property and shall restore any private
road damage by his/her construction, development or other
unusual activities to at least its prior condition upon
completion of such activities.
q(1.41
"'
7
800K ;O 9:0 ;RACEO ! 'O Z
Section 3. Creation of the Lien and Personal
Obligation
for
Dues and Assessments
for Maintenance
of Roads
and
Exterior
Maintenance. Each
owner of any
lot by
acceptance of the deed therefore (whether or not it is
expressed in any such deed or other conveyance) and Zakin,
with respect to each lot owned by it within the subdivision,
hereby covenant and agree to pay the Association: (1)
annual dues or charges; (2) special assessments for capital
improvements, such assessments to be fixed, established, and
collected from time to time is hereinafter provided. The
annual dues and special assessments, 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 dues charge or assessment is made. Each such dues
charge or assessment, together with such interest thereon
and cost of collection thereof as hereinafter provided,
shall be the personal obligation of the person, his heirs,
personal representatives, or assigns, who was the Owner of
such property at the time when the assessment fell due. No
owner may disclaim or otherwise escape liability for the
dues or assessments provided herein by nonuse of the roads
or abandonment or conveyance of his lot.
Section 4. Purpose of Dues and Assessments. The dues
and assessments levied by the Association shall be used
exclusively for the purpose of maintaining the roads and
entrances in Graemont Subdivision.
V
8
30�K (1 PACES)
Section 5. Annual Dues. Annual dues for Class "A" and
"B" members shall be established by the Association at its
annual meeting, however, annual dues for Class "B" will not
be greater than those for Class "A" members. The annual
dues for Class A members shall not begin to accrue until
such time as they take title to a site or lot.
Section 6. Special Assessment for Capital
Improvements. In addition to the annual dues authorized by
Sec. 2 of this article, the Association may levy in any
fiscal year a special assessment, applicable to that year
only, for the purpose of defraying, either in whole or in
part, the cost of any construction or reconstruction,
unexpected repair, or replacement of the roads in the
subdivision, provided that any such special assessments
shall have the assent of two-thirds of the votes of all
Members who are voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall
be sent to all Members at least thirty (30) days in advance
and shall set forth the purpose of the meeting. The due
date of any special assessment under this section shall be
fixed in the resolution authorizing such assessment.
All owners shall be subject to an annual assessment for
maintenance of such roads, in an amount to be determined by
the Association, but to be the same for each lot fronting on
a private road.
DOOK . � 9' Q PAGED ! 9
Section 7. Effect of Non -Payment of Dues or
Assessments; the Personal Obligation of the Owner; the Lien;
Remedies of the Association. If the dues or assessments are
not paid on the date when due (being the dates specified in
section 6 hereof), then such dues or assessment shall become
delinquent and shall, together with such interest thereon
and cost of collection thereof as hereinafter provided,
thereupon become a continuing lien on the property which
shall bind such property in the hands of the then Owner, his
heirs, devisees, personal representatives, and assigns. The
personal obligation of the then Owner to pay such dues or
assessment, however, shall during his lifetime, remain his
personal obligation for the statutory period and shall not,
during his lifetime, pass to his successors in title unless
expressly assumed by them.
If the dues or assessment is not paid in full within
thirty (30) days after the delinquency date, the unpaid
balance of the dues or assessment shall be subject to
penalty from the date of delinquency at the rate of eighteen
(18) percent per annum, and the Association may bring an
action at law against the Owner personally obligated to pay
the same or to foreclose the lien against the property, and
there shall be added to the amount of such dues or
assessment the costs of preparing and filing the complaint
in such action, and, in the event the judgment is obtained,
such judgment shall include the penalty on the dues or
assessment as above provided and a reasonable attorney's fee
10
) PArE[) r q
to be fixed by the court together with the costs of the
action.
Section 6. Subordination of the Lien to Mortgages.
The lien of the dues or assessments provided for herein
shall be subordinate to the lien of any mortgage or
mortgages now or hereafter placed upon the properties
subject to the dues or assessment; provided, however, that
such subordination shall apply only to such dues or
assessments which have become due and payable prior to a
sale or transfer of such property pursuant to a decree of
foreclosure, or any other proceeding in lieu of foreclosure.
Such sale or transfer shall not relieve such property from
liability for any dues or assessments thereafter becoming
due, nor from the lien of any such subsequent dues or
assessment.
ARTICLE VI
LOTS FRONTING ON POND
Lots 2, 3 and 4 on the subdivision plat all front on
and has as a part of their respective boundaries the pond.
In addition to all other provisions of this declaration,
Lots 2, 3 and 4 are subject to the following additional
provisions:
Section 1. Maintenance of Pond. The declarant for
each lot fronting on the pond owned by the declarant
covenants and each owner of any lot fronting on the pond, by
acceptance of a deed therefor, whether or not it shall be so
expressed in said deed or other conveyances, shall be and
11
hereby is deemed to covenant that as to the pond shown on
the attached plat upon which such lot borders, that, if in
the opinion of a majority of the owners of the lots that
front on the pond, the pond requires repair, replacement, or
maintenance work, such costs are to be borne equally by the
owners of lots that front on the pond. Such pro-rata charge
shall be a lien upon the land subordinate only to the lien
of any mortgage or mortgages referred to in Section 6 of
Article V herein and to the lien of the dues or assessments
provided for in said article and the remedies for
enforcement of said lien shall be the same.
Section 2. Use of Pond. The use of such pond is
restricted to the owners of the lots fronting on said pond,
their family, guests, and lessees.
Section 3. Cost. Cost of construction, maintenance
and upkeep of the pond shown on the attached plat will not
be borne by the County of Albemarle, Commonwealth of
Virginia, or any other public agency.
ARTICLE VII
GENERAL PROTECTIVE COVENANTS AND RESTRICTIONS AND EASEMENTS
Section 1. Restrictions. The following shall apply to
all Lots and Living Units, within Graemont:
(a) No noxious or offensive activity shall be carried
on, in or upon any Lot or Living Unit, or upon the Common
Properties, nor shall anything be done thereon which may be
or may become a nuisance to persons residing in Graemont.
'�'✓1.4-
12
MOK 9 9 0 PAGEO 1 0 g
(b) No fence, wall, tree, hedge, or shrub planting
shall be maintained in such manner as to obstruct lines of
sight for vehicular traffic.
(c) No sign shall be placed on any Lot or Living Unit
without the written consent of the Board of Directors except
For Sale signs.
(d) No birds, animals, or insects shall be kept, bred,
or maintained for any commercial purposes in or on any Lot.
(e) No profession or home industry shall be conducted
in or on any Lot without the specific prior written approval
of the Board of Directors. The Board may, in its
discretion, upon consideration of the circumstances in each
case, and particularly the effect on surrounding property,
permit a Lot to be used in whole or in part for the conduct
of a profession or home industry. No such profession or
home industry shall be permitted, however, unless it is
considered by the Association to be compatible and in
harmony with a high quality, residential neighborhood.
(f) No portion of the residential property shall be
used for other than residential purposes and for purposes
incidental or accessory thereto, except that model homes may
be placed thereon which are used by the Developer, or by
other contractors, with prior written permission of the
Board.
(g) No lot in Graemont Subdivision shall be further
subdivided.
P-J .,V.
13
500K 9:9 WL n 1 19 9
Section 2. Easements. Easements for the installation
and the maintenance of underground utilities, supply and
transmission lines are reserved to Zakin and through all
areas shown on the hereinabove mentioned plat, or on any
subsequent plat, whether within the boundaries of
residential Lots or in the common areas, excepting only
those approved building and residential driveway areas.
Such easements shall include the right cf ingress and
egress, provided that any damage resulting from the
installation, maintenance, or repair of an underground
utility supply or transmission line, or drainage facility
shall be promptly rectified at the expense of the
corporation or authority which directed the entry.
Section 3. Other Non -Stock Corporations. No
statement, restriction, or covenant herein set forth shall
be construed to preclude the organization or establishment
Of another non -stock corporation whose members are Members
of the Association, which corporation may be organized or
established for the purpose of constructing or promoting a
specific recreational facility.
ARTICLE VIII
NON-DISCRIMINATION
Any person, when he becomes an Owner, agrees that
neither he nor anyone authorized to act for him will refuse
to sell or rent, after receiving of a bona fide offer, or
refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny any of the property owned by him in
14
Graemont to any person because of race, color, religion, sex
or national origin. Any restrictive covenant affecting the
property covered by this Declaration relating to race,
color, religion, sex or national origin which is
inconsistent with this Article VIII is recognized as being
illegal and void and is specifically disclaimed.
ARTICLE IX
INTENT
It is the intent of the Declarant that the provisions
of this Declaration now conform and will continue to conform
to the guidelines established by the Federal Housing
Administration Department of Housing and Urban Development,
the Veterans Administration, the Federal Home Loan -Mortgage
Corporation, and Federal National Mortgage Association. To
the extent that any provision of this Declaration is found
not to be in conformance with said guidelines, it shall be
considered null and void.
ARTICLE X
GENERAL PROVISIONS
Section 1. Duration. The covenants and restrictions
of this Declaration shall run with and bind the land, and
shall inure to the benefit of any be enforceable by the
Association, or the Owner of any Land subject to this
Declaration, their respective legal representatives, heirs,
successors, and assigns, for a term of ten (10) years from
the date this Declaration is recorded, after which time such
covenants shall be automatically extended for successive
,54V4
' �j
4
15
periods of ten (10) years, unless an instrument signed by
the Owners of two-thirds of the Lots or Living Units has
been recorded, which instrument agrees to change such
covenants and restrictions in whole or in part. No such
agreement to change shall be effective unless made and
recorded one (1) year in advance of the effective date of
such change, and unless written notice of the proposed
agreement is sent to every Owner at least ninety (90) days
in advance of any action taken.
section 2. Notices. Any notice required to be sent to
any Member or Owner under the provisions of this Declaration
shall be deemed to have been properly sent when deposited,
postage prepaid, in a postal box or other authorized
receptacle of the United States Postal Service, or its
successors, to the last known address of the person who
appears as Member or owner of the records of the Association
at the time of such mailing.
Section 3. Enforcement. Enforcement of these
covenants and restrictions shall be by means of any
proceeding at law or in equity, against any person or
persons violating or attempting to violate any covenant or
restriction, either to restrain violation, or to recover
damages, and, as against the land, to enforce any lien
created by these covenants; and 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. Zakin reserves the right to
16
nnr 9 9 0 PACEO (?
waive or amend any of the covenants or restrictions
contained herein so long as the client owns any of the lots.
Section 4. Severability. Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no wise affect any other provisions, which shall
remain in full force and effect.
IN WITNESS WHEREOF the Declarant, Zakin Construction
Company, has execute this Declaration this L day of
ZAKIN CONSTRUCTION COMPANY
By:
STATE OF VIRGINIA
/COUNTY OF l , to -wit:
The foregoing instrument was acknow ged before me
this day of , / ,, by
as &44 f Z a k i n
Construction Company.
My commission expires: 9y
1A. A),
:ary Public
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STATE TAX $
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LOCAL TAX $
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TRANSFER FEE $
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CLERK'S FEE $ o1
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PLAT
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LOCAL TAX $
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LOCAL TAX $
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TOTAL $ -6-6 d45
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