HomeMy WebLinkAbout04-17 Deed' Z/ U
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6850
03-28-91
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BK758i ,0230
THIS DEED OF DEDICATION made and dated this 14th day of
March, 1991, by and between D. K. RUSSELL AND SONS, INC., a Virginia
Corporation, party of the first part, hereinafter called Grantor, and
COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter
------------------
called Grantee.
WHEREAS, the Grantor is the owner of all of that certain tract
or parcel of land, lying and being situate in Gainesboro Magisterial
District, Frederick County, Virginia, containing 34.477 Acres, and being
the same property conveyed to the Grantor herein by the following deeds:
the lard designated Tract "B" by deed dated July 23, 1954, of record in
the Office of the Clerk of the Circuit Court of Frederick. County,
(Virginia in Deed Book 232 at Page 381, and the land designated IYact "A"
by deed of correction Bated April 8, 1955 of record in the afores..0 d
Clark's Office in Deed Book 236 at Page 193, less a portion of each
parcel conveyed to the Cumonwealth of Virginia by deed of record in the
aforesaid Clerk's Office in Deed f~.ok 327 at Page 165; and by deed Oftd
November 6, 1974, of record in the aforesaid clerk's Office in Deed Book
437 at Page 432; and [rare particularly shown by survey drawn by Thcn�.
Rev. March 16, 1991
A. Shockey, L. S., dated July 9, 1990,/attached boreto and by this
reference made a past hereof as if set out in full; and,
W_REFEAS, it is the desire of the Grantor to subdivide the same
into lots to be known as Gold Hill; and,
WHEREAS, the Grantee has approved the subject subdivision as
evidenced by its agents' signatures on the aforesaid attached survey.
NOW, TFIE MIM, THIS DE® OF DEDICATION d1RNESSETH: That for
and in considera;-.ion of the premises and benefits which will accrue by
reason of this dedication, the Grantor does hereby subdivide, grant, and
dedicate, in fee sinple, all of that portion of land designated as Gold
Hill, located in Gainesboro Magisterial District, Frederick County,
Virginia, and more particularly described by the aforesaid attached I.'at
BK 15 ;q23
and by this reference incorporated as a Part of ti -Lis deed as is set
apart for streets, alleys, or other public use, and to create a public
right of possession of the same, and being the sam land conveyed to the
Grantor herein by the following deeds: the land designated Tract "B" by
deed dated July 23, 1954, of record in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia in Deed Book 236 at Page
3811 and the land designated Tract "A" by deed of correction dated April
8, 1955 of record in the aforesaid Clerk's Office in Deed Book 236 at
Page 193, less a portion of each Parcel conveyed to the Cammnwealth of
Virginia by deed of record in the aforesaid Clerk's Office in Deed Hook
327 at Page 165; and by deed dated Novener 6, 1974, of record in the
aforesaid Clerk's Office in Deed Book 437 at Page 432.
All of the lots, as shown or- tx,e aforesaid attached plat, shall
be subject to the following covenants, conditions, reservations, and
restrictions, each and every one of which is and all are for the benefit
of each owner of land in Gold Hill and shall pass with each e -Very
conveyance of land hereby dedicated and shall bind the respective
^cess^rs in interest of the Grantor herein and may be enforced by any
owner of land in Gold Hill. Each and every one of these covenants,
conditions, reservat ons or restrictimq is, asKl all are, for the
benefit of each owner of land in said subdivision, or any interest
therein, and shall inure to and pass with each and every conveyance of
lots in said subdivision, and shall bind the respective successors in
interest of the present owner thereof. These covenants, conditions,
reservations and restrictions are intended to be and are hereby
constituted covenants real running with the land and each conveyance
shall contaLn these restrictions, or incorporate thein by reference,
to -wit:
1. LAM USE: Each of said lots shall be
used only for single family residential
purposes. No home occupation of any type
2
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shall be allowed on any lot.
2. ii=ING TypFS: No building or structure
of any kind whatsoever shall be erected,
altered, placed, or perndtted to remain on
any lot, other tha:n a permanent single family
dwelling. No such dwelling shall exceed two
stories above foundation line in height. No
other building or improvements shall be
erected, altered, or placed or permitted to
�.. ar. , lot other Masa a carport or
garage, patio walls, swimming pool, wooden
fences, as herein -after described, and other
outbuildings for use and enjoyment of the
lot for residential purposes. Any gazebo,
garden shed, other outbuildings, mailbox
newspaper box or receptacle of any type,
shall not be plate on a lot unless
approved by the Architectural Committee
hereinafter referred to. Any garage or
carport as hereinbefore provided shall be
homogeneous in design to the dwelling. No
mobile hcu es are permitted on any of said
lots. No recr{ational type camper or
trailer shall be parked on any of said
lots until such time as a hone is built
on such lot and thereafter, such recrea-
tional camper trailer or recreational
vehicle must be stored within a.gargage
area so that the same may not h,-- seen
from any roadway.
3. WILDING LOCATION: All buildings of any
type, including porches, verandas and
garages, or any portion thereof, shall be
located in c pliance with the then require-
ments of the Frederick County, Virginia
Ordinances. If two or more adjoining lots
are acquired red by the same ovane:'. , a home may
be built on more than one lot and in such
case, the restriction pertaining to mini-
mmmi side lot lines, shall not apply tc the
common boundary line of the two lots which
have been joined. The Grantor is to approve
the location of the hcr.se on any of said
•lots. No trees (unless dead) 10" or more
in diameter are to be cut or removed from
amy lot unless in direct conflict of a
building or inprovement location.
4. TOTAL FINISi^ SPACE: No dwelling is to be
erected or me,lntained on any of said lots
to contain less than 3,000 Square Feet of
living space (outside foundation dimensions),
exclusive of open porches, carports, garages,
and basements.
,. AUZID NG =SRIOR CANS RUMON: No dwelling,
garage or other building shall be erected,or
Ba75 "i(�i33
placed on any lot which has an exterior Con-
struction other than brick, wood, stone,
stucco, dryvit, or pombination thereof,
unlesU otherwise approved by the Architectural
camdttee. Any exterior solar design or antennae,
satellite dish, towers, transmitters for radio,
television, microwave, or the like, must be
screened and approved by the .Architectural
Committee. in this respect, the Architectural
Committee may engage such professional services
for review of plans and each lot owner suhnitting
said plans shall pay the reasonable charges
made for rev=-ew by the professional services.
6. Tnq)CRW STROCTWS: No structures of a
temporary natu,�-e, including but not limited
to, trailers, mobile homes, campers, basement,
tents, shacks, garages, barns, or other out-
_ buildings, shall be used on any lot at any
time as a residence, either temporary or
permanent.
7. FENCES: Fences located in the front or on
the side of the house must be constructed of
wooden board or rail, or other material
approved by the Architectural Committee, and
any such fence shall not exceed forty-eight
inches in height. Fencing in the rear of the
house may not exceed seventy-two inches in
height and the material and design shall be
subject to the approval of the Architectural
rommittee, but in no event shall chain link
fences be used. All fences constructed shall
be kept and maintained in geed repair, includ-
ing painting and staining, if the same is
required.
8. CIMM LINES: Clothes lines or drying yards
shall be so locates] as not to be visible from
the street serving the premises.
9. SIGNS: No sign of any kind shall be displayed
to the public on,any lot, except signs not
larger than 5 square feet advertising the
property for sate, provided, however,
'that the Grant,-. may erect two signs of any
size in order � display the property for
sale, provided that such signs do not remain in
place longer than siva (6) continuous months frcni
the time of thein placement. Signs indicating
the name of the residence not larger than 5
square feet may be permitted with the approval
of the Architectural Committee.
10. GARBAGE AMID 14YUSE DISPOSAL. No lot shall be
used or maintained as a dumping ground for
rubbish. Trash, garbage, or other waste, shall
not be kept except in sanitary containers with
tops, said containers to have a capacity of
BK758PG0234
not more than fifty gallons.
11. ANINMIS: No animal, livestock, or poultry of
any kind shall be raised, bred, or kept on any
lot, except that dogs, cats, or other household
pets may be kept for personal pets. All dogs
and cats shall be restricted to the lot(s) of
their owner and shall not be allowed to roam
the subdivision of Gold Hill. Notwithstanding
anything herein to the contraryt one cow or ane
horse may be allowed, provided that the same
are not kept for any commercial purpose.
12. WATER SUPPLY: No individual water supply
system shall be permitted on any lot unless
located, oonstructed, and equipped in accord-
ance with the requirements, standards, and
regulations of the Frederick County Health
Deparbrent and State and local ordinances,
and unless approval for said system is
obtained £roan the Frederick. County Health
Department.
13. SMVC5E DISPOSAL: No individual sewage -
disposal system shall be pernutted on any
lot unless such system is designed, located,
and constructed in accordance vdth the
requirements, standards, and regulations of
the Frederick County Health Department and
State and local ordinances, and unless
approval for said system is obtained from
the Frederick County Health Department.
14. OFF-SIMMT PAVYTNG: After a residence is
built on any of said lots, the lot wAner
shall provide in connection therewith off-
street parking space of at least 12' by 50'.
15. TRUCKS: No lot shall be used for the park-
ing of trucks of a load capacity of more
than one ton, or tractor/trailers, and no
such tracks or tractor/trailers shall be
parked on any street in this subdivision.
No lot shall be used for manufacturing
purposes or for the sale, parking, or
,storage of new or second-hand automobiles
or other motion vehicles. No abandoned
motor vehicles -ill be permitted on any
lots or parking area. (For this purpose,
an abandoned motor vehicle is defined as
one which bears no or expired license
plates and has not been operated within
six months on a public street or highway).
16. RESUBDIVISION AND EASENIF11TS: No lot shall at
any time be subdivided, conveyed or sold except
as a whole unless the sale or conveyance results
in a lot larger than the lot size as shown
on the said plat. No easement or right of
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way shall be granted over an lot (except for
purposes of public utilities - water, sewer,
electric, gas, telephone, cable television, etc.).
If two or more adjoining lots are acquired by
the same owner, none of said lots shall be con-
veyed by said owner unless the lot being
sold and each lot being retained by that
owner are in omiplia,-ire with all of these
covenants and restrictions.
17. NUISANCES: No noxious or offensive activity
shall be carried on on any lot, nor shall
anything be done thereon which may ha or
may becare an annoyance or nuisance to the
neighborhood. Each lot snail be kept mown
arra free from weeds and debris at all times,
and shall be kept cleared in accordance with
State laws arra local ordinances. No unlicensed
motorcycles, trail bikes, snow mobiles, or the
like, shall be operated on the roadways or
camion passageways, as indicated on the plat
of Gold Hill.
IS. HOUSE ;T;+i4S: The Grantor reserves the right
for itself, its successors and assigns, or
an Architectural Ccnmi : r being itself or
appointed by it, its successors or assigns,
to reject any and all plans fcr houses or
other structures proposed to be constructed
on any lot. 'Phe Grantor retains the vajority
vote on the Architectural Crnmittee.
19. 4M=, : The Grantor shall reserve the right
to waive any and all of the covenants and
restrictions- contained herein except restric-
tion No. l as pertains to IArD USE, and
restriction No. 4 as pertains to T 77AL FINISHED
SPAM of dwellings. This right of waiver shall
not affect the building effect of the covenants
a --LA Viitio2 upon any lot,
20. RESERVATIONS: The Grantor reserves unto itself,
its successors and assigns, the right to erect,
maintain, operate and replace underground and above
grGand telephone and electric light conduits, related
equipment, and otter facility, sewer, gas, water,
and television lines and related equipment, and
other utility egaipmant where such utility lines
and equfgmnt are now located and along the strip
10 ft. along the front and rear of each lot and
a 10 ft. strip centered on the side line of each
adjoining lot, and a 10 ft. strip along the
boundary of all nonadjoining lots.
The Grantor further reserves the right alone
t^ inpose additional restrictive covenants and
restrictions as to the sale and transfer of any
lot or lots awned by it and such imposition
shall not affect the binding effect of these
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provisions upon arry other lot. Invalidation
of any one of the covenants or restrictions
contained herein by judgment or court order
shall in no wise affect any of the other pro-
visions, which shall remain in full force and
effect. The failure of the lot owners or the
Grantor/Developer to enforce any covenant or
restriCtlon ::hall not be deemed to be a waiver
of the right to do so thereafter as to a
default occurring prior or subsequent thereto.
Azy or all of the rights, powers, duties and
obligations which, in this instrument, are
assumed by, reserved, or given to the Grantor,
its successors or assigns, for the said
Architectural Ca[mittee, may be assigned or
transferred to any one or more corporations
or associations which will agree to assume
said rights, powers, duties, and obligations
and carry out and perform the same. Any such
assigm ent or transfer shall be made by
appropriate instrument in writing in whi.ch the
assignee or transferee shall join for the
purpose of eviriencing its accep,,.a,- 8 of such
rights, powers, duties, and cbligaticros, which
instilm-ent sha11 be recorded; and such assignee
or transferee shall thereupon have the same
rights and pavers and be subject to the same
obligatirrs and duties as are herein given to
and assumed by the Grantor, its successors or
assigns, or the said Architectural Committee.
In the event of such assigrument or transfer,
the Grantor, its successors or assigns, or
said Architectural rmruttee, shall thereupon
be released frau all of the rights, powers,
duties, and obligations in this instruffent
reserved or given to anri assumed by the
Grantor, its successors or assigns, or the
said Architectural { mvdttee. The right of
assigrm%ent hereby reserved to the Grantor,
its successors or assigns, and the said-
Archite,-tural ccmnjs t+e, is en reserved to
the end that the rights, po,Iers, duties,
and rxbligations reserved and given to them
may be assigned to an association or corpo-
ration forced by the owners of lots in said
subdivision for the purpose of accepting
said assigment; and such assignment may be
made at such time as the Grantor, its
successors or assigns, and the said Archi-
tectural Committee shall jointly determine.
21. Ap'=TEGTURAL C04UTPEB: The Grantor shall
constitute the Architectural Committee and
shall have the power to appoint its succes-
sor in interest, and such Architectural
co mittee shall have no liability whatsoever,
either direct or indirect, on the approval
or disapproval of matters as set forth hare-
BK75g.-rD237
inabove, but such power in the Architectural
Camduee shall be solely discretionaty. The
size of the Architectural Committee shall be
determined by the Grantor, or its duly nomi-
nated successors in interest.
If the said Architectural Committee, or its
duly authorized representative, shall fail to
approve or disapprove any proposed plans,
specifications, or locations within thirty
days after the same shall have Yin suhrdtted
to the Grantor for approval, such plans,
specifications, and locations shall be deemed
to have received the approval of said Conuti.ttee,
or its duly authorized representative.
In the event that the Grantor fails to appoint
an Architectural CaiARttee, or if such Archi-
tectural. Cawattee has been formed but is laier
disbanded, then approval for plans may be
cstai.ne. by the lot owner submitting plans drawn
and signed by a licensed architect in the State
of Virginia, and in addition, if the plans are
for an allowed outbuilding, then such architect
shall fl Lier cam ify trhat the design is homo-
geneous with the existing structure on said lot.
22. TEM: These restrictions are covenants real.
which shall run with the lana and shall be bind-
ing upon all future lot owners, and those claim-
ing under them, for a period of seven (7) years
frcai date of recordation of the Deed of Dedica-
tion. Thereafter; these restrictions shall be
aut:amtically extended for successive periods
of seven (7) years, unless an LiatrmGr signad
by a majority of the then c!•mers of the lrts
agreeing to amend the restrictions in whole or
in part is recorded in the lard0 records of
Frederick County, Virginia prior to omuen e -
went of one of the said seven (7) year t=ts.
23. FNEMTI 'P: The Grantor and any and every
person hereafter having any right, title, or
intetast in any lot shall have the right to
prevent or stop violation or attetrpted viola-
tion of any of these restrictions, iy injunc-
tion or other lawful procedure, and to recover
any damages resulting from such violation,
subject to the reservations of the Grantor
set forth in paragraphs 21 and 22 above.
24. SE ILITY: Invalidation cf any one of
these covenants by judyp nt or court order or
in any other muter, shall in no way affect
any of the other provisions, which shall rmein
in full force and effect.
sK75CF 0238
The above and foregoing subdivision of Cold Hill, more
particularly described by the aforesaid attached Plat of Thomas A.
Shockey, L.S., dated July 9, 1990, is with the free consent and in
accordance with the desire of the undersigned owner.
wjgt SS the following signature and seal:
D. K. RUSSFyi AND SONS, INC.
pMMM S. RDSSFdd , Pre t
SPATE OF vTF�,
OF jjk12zIC,&L TD -WIT:
Z2ZJC r ,?/ , a Notary Public in and for the
State and jurisdiction aforesaid, do hereby certify that C[IUM B.
RUSSFJI,, who is President of D. K. RUSSEUi AND SUS, RZ., w.10se na;.,e is
signed to the foregoing need of L-edication, dated March 14, 1991, has
personally appeared before me and acknowledgee the same in iml State and
jurisdiction aforesaid.
Given under my hand this C'�/�day of%1 l i , 1991.
My C Ed5sion e2-pires
C
7
Sheet -1 of 3
FINAL Pitt nP(d 66jl" SUBDIVISION
of the land of
D. K. Russell and Sons, Inc.
COLD HILL
Gainesboro District,•Frederick County, Virginia
July 9, 1990 - Rev. March 16, 1991
Tax hjap No. 42000-OOfr0000-0000-000AO Zoning RA
Tax Map No. 42000-008-0000-0000-OOA10 Zoning RA
ti , VrCEN3TY MAP +`
2000'
,�- R7. 739 'pT
APPROVED
SUBDIVISION ADMINISTRATOR - DATE
APPEOVED I
HEALTH DEPARTMENT v jf l.► .e/!> rte/? • x'%+''40- DATE 3 -Q2-71
OYNERS CONSENT
the dAvision of land of Cold Hill as shown on the plat attached hereto is with the
free consent and is with the desiTMa of the undersigned owner or ageat.
SURVEYOK3 CERTIFICATE
I certify that the lr_nd contained ;ithin the bounds of
Gold Hill as shown on the plat attached hereto is all of the
]and conveyed to D. K. Russell and Sons, Inc. by the following
deede: The lewd desigs8ted Tract "B" by deed dated Jv.1y 23,
1954 in Deed Book 232 - Page 381 and the land designated
Tract "A" by deed of correction dated April 8, 1955 in Deed
Book 236 - Page 193(less a portion of each parcel conveyed to
the Commonwealth of Vir6inia in Deed Book 327 - Page 165)1 and
by deed dated November 66, 1974 in Dead Book 437 - Page 432•
THOlt S A. =CKEY
6OX 34A MT. FADS RT.
WNCMM VA 2260:
Ba75 fie.Q�1643
HEEE
1) set Back Lines
Front 60' from all road right of may lines
Side 50'
Rear 50'
2) 7be 30' strip of Lot 5 between Lot 3 and Lot 6 is for right of may only.
No structures to be built on this strip. The front set back for Lot 5 is
60' from the division line with Lot 6.
3) Iron pins along 30' Prescriptive Right of Hays set 25.00' from
Center Line as measured along lot lines.
4) a Iron pin(found)
5),,'- - 'Proposed drainfield sites as found staked on ground.
THOMAS A. SHOCKLY
HC 34, Box 3587
Winchester, VA 22601
H0
401,041A: FRED ER� �' SCT -
This
instrumwt (A W71 Yi
t dnydt
to me on the -
��d with certificate
of acknaxi��t'�n6nt thoreto annexeds
ada,'tw to record.
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