HomeMy WebLinkAboutSUB000000588 Other 1978-10-27/,/.
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LOFTLANDS WOOD
I. PLATS
STATEMENT OF SUBDIVISION, RESERVATIONS,
RESTRICTIONS & COVENANTS OF SECTIONS
ONE, TWO & THREE
There are attached to this Statement of Subdivision the
subdivision plats of Sections One, Two and.Three,Loftlands Wood
prepared by R. 0. Snow & Associates, Certified Land Surveyor, dated
4/8/77, 4/11/77,4/15/77 and 7/20/77. These plats are recordei for
the purpose of identifying and making reference to the several lots
and open spaces in Sections One, Two and Three of Loftlands Wood and
the restrictions hereinafter set forth shall apply only to the land
shown on said plats.
II. PERMITTED AND PROHIBITED USES:
(1) Each and every lot shall be used for only ore single,
private, one -family residence and no structure whatever, except as
indicated in the following paragraph, shall be placed or mair.tained
thereon other than one first-class, private one -family residence
with such facilities as garage, storage facilities, and structures
housing necessary equipment under one and the same roof.
(2) However, nothing contained herein shall be so construed
as to prevent the construction on any lot of one quest house. either
attached to or separate from the main residence already constructed
thereon provided said guest house shall be for and only used by non-
paying guests, and constructed so as to conform architecturally
to the main building. Also this provision will not prevent the
construction of a cabana, dressing room or pool house if suca
building is in connection with a swimming pool. These two buildings
shall be the only detached buildings allowed and their design
must be approved by the Development Committee. No mobile hones
iwill be permitted.
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(3) No business of any nature shall he conducted on any
lot, and no structure intended or adapted for business purposes,
no apartment house, double house, flat building, lodging house,
rooming house, hotel, hospital, or sanitarium shall be erected,
placed, permitted, or maintained on any lot. "Business" for the
purpose of this declaration shall include all professional or
"home occupation" use, but the Association may make exceptions
in certain cases in which the exclusively residential character
of Loftlands :good is maintained.
(4) No portion of any lot, building or improvement may be
rented or leased to others by the owner; however, nothing in this
paragraph shall be construed as preventing the renting or leasing
of an entire lot, together with its improvements. Renters are
subject to all regulations and rights as the owner.
(5) No temporary house, trailer, motor home, tent,
garage or other outbuilding shall be placed or erected upon any
part of said property. No residence placed or erected on any lot
' shall be occupied in any manner at any time, prior to its being
completed in accordance with approved drawings and an occupancy
permit for such residence being issued by Albemarle Countyl nor
shall any residence, when completed,.be in any manner occupied until
'made to comply with all requirements, conditions, and restrictions
herein set forth. Provided, however, that during the actual
construction or alteration of a building on any lot, a temporary
building for storage of materials or equipment may be erected and
maintained for a period not exceeding twelve months by the person
doing such work. The work of constructing, altering or remodeling
any building on any lot shall be prosecuted diligently from commence-
ment until completion thereof. No work or construction of any kind,
except site improvements and landscaping previously approved by the
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Site Development and Architectural Review Committee, shall hike
place on any lot in advance of the start of construction of :he
principal residence building.
(6) No lot shall be resubdivided except for the purpose
of combining each resubdivided portion with not less than ono
full adjoining lot under a single ownership. Such lot and portions
of lots shall, for the purpose of this declaration, be consi,lered
a single lot.
(7) Two or more adjoining lots under single ownershi? may,
for the purposes of this declaration, be considered a single lot,
at the discretion of the wmer, provided no construction has taken
place on the lots which would not conform to the requirements of
this declaration when such lots are considered as a single lot-
(B) 'All site improvements must be behind.setback lines
shown on the plat of record. The residence building shall be
generally centered on the property. Variations may be,granted
by the Site Development Architectural Review Committee when hardship
or special circumstances exist.
(9) No animals, birds or fowl shall be kept or maintained
on any of the lots except dogs, cats, pet birds, and other
customary household pets which may be kept thereon in reasorable
numbers as pets for the pleasure and use of the occupants btt not
for any commercial use or purpose. Dogs must not become a ruisance
to other residents by barking or other acts. If behavioral
problems persist, at the request of the Loftlands Wood ABBOC7.ation
Executive Committee, owners may be required to keep dogs leashed
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when they are outside the owners' premises. Horses and pon.es may
be used on the common open space, but may not be kept or quartered
on any lots.
(10) There is hereby reserved to the developer and
Loftlands Wood Association, for the mutual benefit of all p::operty
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owners in Section One of Loftlands Wood a permanent easement along
the outside boundaries of each numbered lot shown on the plat
' hereto attached, within ten feet of the boundary lines thereof,
for the purposes of providing an undisturbed buffer, carrying of
utilities or for any necessary access to and maintenance of the
common open space or other facilities. There is also reserved for
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the mutual benefit of all property owners in Section One of Loftlands
Wood certain drainage easements shown on the plat hereto attached.
(11) Surface water. No owner of any lot shown on the
plat hereto attached shall interfere with the natural drainage of
surface water from such lot to the detriment of any other property
shown on said plat.
(12) No lot shown on said plat shall be further subdivided
or used as a roadway for access to any property lying outside the
boundaries of Section One of Loftlands Wood without the written
consent of the developer having been first obtained and recorded
in the same Clerk's Office as would be recorded deeds conveying
such lot. No lot shall have any access, vehicular or otherwise,
to State Route 660 except via Loftlands Drive; and lots numbered
1, 25, 26 and 27 as shown on the attached plat are explicitly
restricted to access via Loftlands Drive only.
(13) No trailers or habitable motor vehicles of any nature
shall be kept on or stored on any part of the property except within
an enclosed garage or other area completely screened from the road
and adjoining properties. No large, heavy or commercial type
trucks of any nature shall be parked overnight on any lot except
in an enclosed garage or other area completely screened from the
road and adjoining properties. No boats, on or off trailers.
may be parked on any part of the property except in an enclosed
garage or other area completely screened from the road and adjoining
properties. No house trailer or other vehicle intended for human
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occupancy shall be so occupied while located on any lot.
(14) No temporary housing of any kind shall be erected '
or maintained upon any of the properties; provided, however, that
the developer shall have the right to erect such temporary
buildings as are necessary to the development and construction of the
common areas and the facilities thereon.
(15) No noxious or offensive activity or condition shall
be permitted upon any lot nor shall anything be done, placed or
stored thereon which may be or become an annoyance or nuisance
to the neighborhood or occasion any noise or odor which will disturb
the peace, quiet, comfort, or serenity of the occupants of Furround-
ing'properties.
(16) The open spaces designated on the attached plat. are
to be used for walking, bicycling, horseback riding and recreational
activities in or on appropriate areas. Fishing is permitter. from i
the lakes and only hand, sail or batterty operated boats are ( '
permitted on said lakes, no motorized boats are allowed. No
motorcycles, motorbikes, snowmobiles or other motorized vehicles
(other than maintenance vehicles or machines) may be used irt the
common open space. The common open spaces, including lakes. shall
be for the exclusive use of the owners of lots in Section One and
subsequently developed sections of Loftlands Wood and their guests
and are not open to the general public.
III. BUILDING PLANS, BUILDING CONTRACTOR AND LANDSCAPE PLANS:
(1) All plans prior to start of construction of any and
all residences, site development, landscaping, buildings, fences,
pools and pool enclosures and other structures or alteratiois and
additions thereto, including building materials, color schene,
grading plan and location of such improvement, structure, alteration
or addition, shall be presented to and approved by a Site Development `
and Architectural Review Committee (hereinafter referred to as the
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"Review Committee"). The Review Committee shall consist of 3
members who shall be designated annually as follows:
(A) Until 75% of the lots in Section One are,
sold, all 3 members of said Review Committee.shall be designated
by the developer.
(B), Upon the sale of 75% or more of the lots in
Section One, and from that point in perpetuity, the 3 members shall
be designated as follows:
(i) Two members shallbe designated by the
developer or any successor or assign to whom he might delegate such
authority.
(ii) One member shall be designated by the
Loftlands Wood Association, Inc.
(2) Every building, wall or structure on any lot shall
be of a design which is in close harmony with the site and its
topography and vegetative cover. The Review Committee shall
be the sole judge of whether or not a proposed design complies
with the intent of this paragraph. It will encourage those
designs which impart a feeling of good taste and a look of sim-
plicity and elegance one would expect in a restricted community
of prosperous, substantial year-round residents. It will look
with favor on designs which reflect the architectural traditions
indigenous to the Old South, but also will approve well -designed
residences which might be described as country or rustic contemporary.
It will not approve recreational -type houses. The design of every
such building, wall or structure shall be in harmony with the site
and with adjoining structures. All buildings on one lot, or attach-
ments to the residence, shall be of 'similar design, materials and
construction.
(3) It is not intended that Loftlands Wood will be a
community in which houses will have less than 2,000 square feet of
enclosed living space. However, in special circumstances, the
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Review Committee may approve houses.with less than 2,000 square
feet, if in its opinion the design will not detract from the high
standards intended for the entire development.
(4) All building construction and site development :hall
be of high quality materials and workmanship and meet all applicable
codes and ordinances. All work must be done in a contiquour,
period of time appropriate to the size of the project. All work
must be done in such a manner so as not to adversely affect the
safety, welfare and comfort of the residents in the area.
(5) Outside materials, finishes and colors are subject to
approval by the Review Committee. An effort should be made to
present a coherent and harmonious environmental effect. PiAnt,
stain, roof and masonry colors shall be tastefully selected and
coordinated to make a well unified and integrated appearanl:e,
samples of each shall be reviewed by the Review Committee with
the lot owner or builder prior to their use on.the structure.
(6) The location of all tanks, coolers, air -conditioners,
meters, wood piles, stored materials of any kind, clothes lines,
service.or utility areas shall be walled in or kept screened by
other approved means in such a manner as to conceal them Permanently
from the view of the neighboring lots or streets, and are subject
to the approval of the Review Committee. No elevated tan):s of
any kind shall be erected, placed or permitted upon any p+irt of
said property. Specific exception is made for television antennas
provided they are reasonably inconspicuous and have been approved
by the Review Committee.
(7) Garage openings and carports shall not be directly
exposed to roadways or adjoining properties. Where the contour
of the land makes it difficult or impractical to face the openings
other than toward the roadway the Development committee ntay approve
an alternate design provided there is adequate screening and/or
indirect access so as to retain maximum visual separation. Every
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garage opening shall be equipped with full -closing doors which
shall be kept closed except when in active use.
(8) Carports may be open provided they are used only
for the storage of motor vehicles and are completely finished
in materials and color similar to the exterior portions of the
residence.
(9) Garbage and rubbish receptacles shall be in complete
conformity with sanitary regulations and good practices and shall
not be visible from roadways or open space.
(10) The design and location of all fences must be approved
by the Review Committee. They may be decorative in nature when near 1
the residence. Those used near property lines may be functional
but shall be used integrally with hedging or other landscape
plantings. Fencing shall be done in such a manner as to fit well
with the contour and planting of the site, so as to be minimally
visible from the roads and adjoining property.
' (11) All utility services (including electric power,
telephone, gas, sewer and water) shall be run underground from the
service connection to each building site. All meters, electrical
service equipment and similar devices shall be so located as to
be obscured from any neighboring lot or road.
(12) No person, utility, agency, company or corporation
shall construct, place or install on any easement, street or road,
any building, structure, transformer, equipment, pole, curb,
sidewalk, sign, or device of any kind unless and until authorization
has first been obtained in writing from the Review Committee,
including the design and color of any such work. All work shall be
obscured from view if the Review Committee so specifies. Such
exterior appurtenances shall be painted or stained as approved
by the Review Committee. All such work shall be designed and
constructed with due regard for maintenance of drainageways.
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(13) No billboards, advertising signs, or other signs of
any character shall be erected, placed or permitted or maintained
on any lot or on any building or structure erected thereon, except
that one sign not exceeding two square feet, bearing only the
i name and address of the occupant, may be erected on each lct. The
design of such sign shall be subject to the approval of the Review
Committee. Further exception is made for one sign not exceeeding
five square feet advertising that a completed residence is for sale.
(14) Mailboxes shall conform to postal regulations and
i shall be so designed as to be in harmony with the site and general
surroundings. The design and location shall be subject t3 the
approval of the Review Committee.
(15) All driveways shall be maintained in a dust -proof
manner, using gravel or other surfacing material.
(16) No building or structure of any nature shall be moved
from the outside said property to any lot without the specific
approval of.the Review Committee and without meeting all cther
111 requirments of this declaration, including the.requirement for
` approval of drawings.
(17) The native growth on any property shall not t-e
` destroyed, removed, or disturbed in any way prior to the c.tart
of construction of work which meets all the requirements of this
declaration, and has been formally approved by the Review Committee,
unless explicitly agreed to, in detail, by the Review Coim.iittee.
(18) No native growth shall at any time be removed from
outside the buildable area of any lot except for lawn areas or
for the construction and maintenance of roads, driveways, drainaae-
ways, parking areas, walkways, utilities, and other approved
construction; or other minor tree or brush removal for the
convenience of the owner and his family; and the improvement of
such areas as are totally enclosed by an outside wall. Any areas
disturbed before and during construction must be seeded and/or
restored according to approved site development plans.
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(19) No planting of any kind shall be done in roads,
_ streets, or easements except as specifically authorized by the
Review Committee. Plantinq on that part of any lot where native
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growth is required to be maintained by the above paragraph shall
be in harmony with the nature of the native growth.
(20) Anything to the contrary notwithstanding, property
owners may remove native growth which is dead, unhealthy,
detrimental to the remaining growth, or otherwise undesirable
for the maintenance of a healthy and attractive growth. However,
nothing shall be done which will change the general character of
those areas where native growth is required to be maintained.
(21) The plans for each residence and its site development
? shall have been prepared to show clearly the elevations and floor
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plans, exterior materials and colors, the 'driveways and yard areas,
walls, walks, fences, areas to be cleared and planted and other
building and landscape details, and copies shall be submitted to
' the Review Committee for review and approval. For the convenience
of owners, preferred colors and materials for building exteriors
and other construction details will be available.
(A) Preliminary dimensioned scale drawings showing
design and layout shall be submitted for approval before completion
of working drawings, details, and specifications. After approval
of the design and intent is obtained, final plans includinq the
site development plan, shall then be completed and submitted for
approval prior to construction.
(B) Plans required for approval shall be submitted
in triplicate to the Review Committee, which shall review them
and indicate approval or disapproval in writing within twenty days.
Two copies of the plans and the written approval or disapproval shall
be returned to the applicant.lot owner and the other copy shall
be retained in the files of the Loftlands Wood Association, Inc.
(C) The first submittal of plans for approval for
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any lot shall be accompanied by a fee of $50.00 payable to the
Loftlands Wood Association, Inc. No further fee will be required
for subsequent submittals for the same lot.
(D) Neither the developer nor the Review Committee
by their approval or disapproval of plans shall incur any liability
to any person for errors, mistakes in judgment, failure to rerform
contracts, or for any other cause. Any owner by acquiring title
to any lot, or anyone by submitting plans for approval, waives
claim for any such damage sustained.
IV. MAINTENANCE OF PROPERTY
(1) Each lot owner, including owners of unimproved Matted
lots, shall keep all property owned by him and all improvements
therein or thereon, free of debris and in good order and repair,
including but not limited to seeding, watering and mowing of all
lawns, the pruning and cutting of all trees and shrubbery, and the
painting (or other appropriate external care) of all structures
and other improvements, all in a manner and with such fregcency
as is consistent with good property management and so as not to
detract from the overall beauty of the properties and the common
good and general welfare of Loftlands Wood residents.
In the event any lot shall not be kept up to
reasonable standards as specified by the Review Committee, the
Loftlands Wood Association, Inc., may, in its sole discretion,
remove such brush piles, trash and debris from said lot, and take
any other action to abate such conditions that it deems necessary
and assess the cost thereof to the owner of said lot.
(2) In the event any structure or improvement once
commenced is not completed within twelve months, the Loftlands
Wood Association, Inc., after reasonable notice to the owner,
shall have the right to enter upon such lot to complete such
construction or to correct any violation of these restric+:ions.
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All costs related to such correction, repair, restoration or
completion of construction shall become a debt of the owner and
shall automatically constitute a special assessment upon such
lot. The Loftlands Wood Association, Inc. which shall notify.
the owner of such lot in writing in the event of the imposition
of such special assessment and in the event of nonpayment thereof
may obtain a legal judgment against said lot owner in the Courts'
of Albemarle County and may, upon obtaining such judgment, levy
upon said lot in execution and satisfaction thereof in accordance
with the provisions of Article V hereof for the payment of
assessment liens.
V. THE LOFTLANDS WOOD ASSOCIATION, INC.
The Loftlands Wood Association, Inc. (herein called the
"Association") is a non -stock, non-profit membership corporation
organized for the purpose, among other things, of interpreting,
applying, administering and enforcing the covenants and restrictions
hereinbefore contained.
The Articles of incorporation of the Association provide
in part that any person, firm, association or corporation which
shall hereafter acquire by purchase or otherwise any residential
building lot or lots, or any beneficial interest in such lot or
lots in Section One of Loftlands Wood shall automatically become
a member of the Association.
(1) The Association shall be responsible for the Dayment
of the cost of maintenance of all open spaces shown on said plat,
including the maintenance of trails along said open spaces and
the payment of real estate taxes assessed against said open spaces.
Until changed by the Board of Directors of the Association, in order
to provide funds for the foregoing purposes, there shall be an
annual assessment levied by the Association against each lot shown
on said plat including those owned by the developer, payable on
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the 15th day of January in each year for expenses incurred in
I the preceding year plus capital reserves for the upcoming year.
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' The amount of this assessment shall be set annually at the meeting
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' of the members of the Association by a two-thirds vote of ".he
entire membership. The Association, in addition, has the !power
i to levy special assessments against each lot including those
owned by the developer should such assessments become necessary
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}( to carry out the purposes of the Association.
f (2) The Association shall have the obligation to
share the expense of erecting and maintaining any fences %hat may
be necessary along the subdivision boundaries, either in •:ommon
with the remainder of Kenneth Youel's properties, or with the
owners of adjacent property outside the subdivision.
(3) The Association shall be responsible for the
maintenance, repair, replacement and improvements of the large
and small dams and lakes and all common open spaces of Loftlands
Wood and shall pay all costs incident thereto.
(4) Any action taken by the Association includin3 special
assessments shall be in compliance with the by-laws thereof and
shall be taken in accordance with the majority vote of the lot
.., c.,#-i,n one. Each lot shall be accorded one cote.
All unsold lots shall be considered as owned by the developer and
accordingly the developer shall have one vote for each unsold
lot.
(5) The Association shall have the right to contract for
the repair, upkeep and maintenance of the open space and for other
goods or services with any party including the developer provided
that such contracts are reasonable in their terms and are entered
into in compliance with the foregoing restrictions and the by-laws
of the Association.
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(6) Any assessments which are not paid within thirty
(30) days from the due date shall bear interest from the date
' of delinquency at the maximum rate of interest provided by
law and the Association may bring an action at law against the
owner obligated to pay the assessment or foreclose the lien
hereinafter provided for against the owner's property and
interest, costs and reasonable attorney's fees shall be added
to the amount of the assessment.
(7) There shall be a continuing lien upon each of
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the lots to secure the payment of any of the assessments herein
provided for but such lien shall be at all times subject to any
first or second mortgages or deeds of trust placed on the property
at any time, except as hereinafter provided. If any assessment
has not been paid.within thirty (30) days, a notice of such non-
payment as to any particular lot on a form prescribed by the
directors may be recorded in the Clerk's Office of the Circuit
Court of Albemarle County and from the time of such recordation such
delinquent assessment in the amount stated in the notice shall
become a lien prior to any first or second mortgages or deeds
of trust recorded subsequent to the date of such notice.
VI. APPURTENANCES AND RESERVATIONS
(1) All of the Covenants, Restrictions and Reservations
contained in this Statement apply only to the land shown on the
attached plat and to no other property owned by the developer.
However, the developer expressly reserves the right at his sole
option and discretion to subject additional adjacent or nearby
property (additional future sections of Loftlands Wood) owned by
him to all of the provisions of this Statement. in such event
all rights, duties, obligations, benefits, interests, powers,
covenants, liabilities, reservations and restrictions set forth
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in and created by this Statement shall apply equally to such
additional properties and the owners thereof just as they apply
to Section One. In such event, all interests in common open space
and the, rights, obligations and duties for its use and maintenance
together with memberships in Loftlands Wood Association, Inc.
and the powers and responsibilities of the Site Development and .
Review Committee shall be unified and consolidated as in one larger
development.The developer shall, however, be under no ob:.igation
to so elect to consolidate any sections of Loftlands Wood to
be developed in the future under the provisions of this Sta:ement.
(2). There is presently reserved for the benefit of All
owners of the lots shown on said plat and such guests of any owner
who has received the prior written approval of The Association,
the right to use the open spaces shown thereon and there is also
reserved for said lot onwers for their joint and individual use,
easements for such sewer lines, septic tanks and septic fields as
may be necessary for the enjoyment of said lot owners, suck easements
to be located under such open spaces shown on said plat, t(gether
with right of ingress and egress for construction, maintenance and
repairs.
VII. APPLICATION AND GENERAL PROVISIONS
(1) The above covenants, reservations and restrictions
shall be covenants running with the land, shall be binding upon
all owners of the lots shown on the plat hereto attached, shall
inure to the benefit of each lot owner in Section One Loftlands
Wood and shall be enforceable through due process of law ty the
Association; provided, however,. that the above covenants,
reservations and restrictions shall be so enforceable by t.ny lot
owner or the developer in any case where the Association jchall
fail or decline to act within a reasonable time after hav:.ng
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received from such lot onwer written notice of a violation and
a demand for enforcement thereof.
(2) I'f no legal action with respect to the breach of
,F these covenants shall have been commenced and no notice of lis
I pendens recorded within sixty days after completion of construction
e, or building, it shall be con -
of any improvement, structur
clusively presumed that there has been full compliance with the
above provisions related to architectural and design approval.
(3) Should the developer or the Association alloy counsel
isions of this agreement, restrictions,
to enforce any of the prov
conditions or covenants, by reason of any breach of the same, all
costs incurred in enforcing these restrictions, including a
for legal counsel, shall be paid by
reasonable attorneys fee
the owner of such lot or lots committing said breach.
etent jurisdiction should
(q) In the event a court of comp
declare one or more conditions or restrictions null and void, such
judgment or decree shall not in any manner whatsoever affect, modify,
change, abrogate or nullify any of said conditions and restrictions
not so specifically declared to be void but all remaining
restrictions not so expressly held to be void shall continue
unimpaired and in full force and effect. of the
(5) The liabilities created by a breach of any
foregoing provisions, reservations, restrictions and covenants
shall not defeat, render invalid or take priority over the lien
of any mortgage or deed of trust made in good faith for value as
to any lot or lots or portions of lots in said property, but said .
shall be
provisions, restrictions, reservations and covenants
h mortgagee or trustee or other
binding and effective against any suc
owner thereof whose title thereto or whose grantor's title is
or was acquired -by foreclosure, trustee's sale or otherwise.
(6) The delay or omission on the part of the undersigned
developer, his successors or assigns or the owners of any other lots
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in said property, in exercising any rights, power or remedies
herein provided in the event of the breach of any of the provisions,
restrictions, covenants or reservations herein contained shall
not be construed as a waiver thereof or acquiescence therein
unless explicitly so stated. No right of action shall accrue
nor shall any action be brought or maintained by any one wha:soever
against the developer, his successors or assigns or the owner:
or owners of any individual lot on account of their failure :o bring
any action on account of any breach of said provisions, reservations,
restrictions, or covenants.
(7) In the event the provisions hereof are declared void
by any court of competent jurisdiction by reason of the period
of time for which the same are effective, then and in that event
only said terms shall be reduced to a period of time which shall not
violate the rule against perpetuities or any other time limitation
applied by law, but otherwise this Statement shall remain valid
and binding in every respect.
(8) This Statement shall be construed and interprets-d
under the Laws of the Commonwealth of Virginia.
-c.c.c L sic c-L _(SEAL)
Kenneth Youel, Developer
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�l1[C-4L.L \L (SEAL)
.Ian V,. YOUel
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STATE OF VIRGINIA,
COUNTY OF ALBEMARLE, to-wit:-
LL,.;Y (SEAL)
The foregoing Statement of Subdivision was acknowledjed before
me by Kenneth Youel, Jan V. Youel and John K. Youel, Jr. this 22nd
day of September 1978. My commission expires: 11/l/78
( Notary PUD11C
REVIEW ACKNOWLEDGED:
County Attorney, Albemarle County, Virginia.
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