HomeMy WebLinkAbout10-08 Deed060012569
ry
CD
THIS DEED OF DEDICATION AND DECLARATION OF COVENANTS, made and dated this 0 day of
TUNE Qb
4""'2006, by and between ANhif� q/g/� 7w >���ntor, hereinafter called the DECLARANT, and
FREDERICK COUNTY, VIRGINIA, Grantee, hereinafter called COUNTY.
WHEREAS, the DECLARANT is the owner, in fee simple, of the real estate described hereafter and as follows: 3
Lot Subdivision, Tax Map I.D. Number 34-A-99, as shown on the Final Plat of Subdivision of , made
by MI C114Fl. 4?7-Z , L.S., dated JUN6' Zd' , 200 $ , attached hereto and by reference made a part hereof.
This is the same real estate acquired by the Declarant by that certain deed dated /7 P? iG S- -, 7-0,05 ,
which deed is recorded in the aforesaid Clerk's Office as Instrument # 65001:Z7/7
WHEREAS, the lots shall hereafter be referred to herein as the "Property".
WHEREAS, the Plat accurately shows the metes and bounds of the subdivided land, together with the dimensions
of each Lot thereof and also shows certain surrounding lands in said Subdivision to be used as sewer easements, utility,
ingress -egress, and drainage easements, all of which shall constitute a portion of that development known as
and
All of the Lots shown on the plats as referenced herein shall be subject to the following restrictions, covenants and
conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any
right, title and interest in and to the aforesaid Lots or any part thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE I
All Lots shall be used for single-family residen' ial purposes only. No business or other non-residential
usage shall be permitted.
2. Any utility, garage, or other outbuilding on any Lot shall be of the same material and construction as the
main structure on such Lot. No more than two (2) buildings may be erected on one Lot. Size of building is
limited to a four (4) car garage, second story is permitted. If constructing a barn, it may be a maximum of
36 x 36 feet.
3. No signs or advertising of any nature shall be erected or maintained on any Lot except for a residential "For
Sale" sign for said Lot, which signs shall not exceed five (5) square feet in area; provided, however, that
the signs used by the Declarant to advertise the Property during construction and sale shall not be subject to
C
the terms of this restriction. Further, any sign or signs erected by Declarant upon Lot setting forth
the name of the Subdivision, shall be exempt from the provisions of this restriction. No "For Rent" signs
shall be allowed or displayed on any Lot.
4. No more than two (2) powers boats, motor homes, campers, comme6cial buses, trailers of any kind,
tractors or heavy trucks or vans, in any combination, may be parked within the subdivision. Nor more than
two (2) commercial or business vehicles (personal use) may be parked on lot. Any un -housed vehicles
must have current VA registration and inspection. After completion of dwelling, no heaving equipment or
industrial equipment allowed on lot.
5. No ATVs, motorcycles, pocket bikes, mopeds, off road vehicles, or any motorized recreation vehicle of any
size or make, or any noise producing conveyance of any type is allowed to be operated on any lot or road in
the subdivision.
6. No firing range or hunt club permitted.
7. All lots are required to observe any setback lines and/or rear yard lines as shown on plat, in addition to
observing any County ordinance.
8. No outdoor burning of trash. Trash must be disposed of at County site, or a pick up service arranged for.
No dumpsters allowed in subdivision.
9. No kennels for any species of animal may be operated. No more than four (4) dogs may be kept at any
time. No more than four (4) cats may be kept at any time.
10. No pigs allowed. A maximum of three (3) livestock permitted. No exotic animals permitted. A maximum
of six (6) chickens/roosters permitted.
11. When walking or ,=rcising pets outside owner's lot, pet owner is responsible for the conduct of the animal
and must remove all pet waste. Pets may not run loose within the subdivision, and must be kept securely
on owner's lot.
12. All fencing shall be constructed of wood, composite lumber (trex), masonry, or iron. No
chain link or stockade fencing permitted.
13. In the event that a dwelling ,. aestroyed, the owner of the dwelling, within 60 days of
said destruction, shall clear away the remaining portion of the dwelling unit and maintain
the lot in a neat and orderly condition.
14. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the
unit shall immediately repair the damage or deterioration_ C:)
Ulf
15. No lot shall be used or maintained as a dumping ground for relbss. Trach, garbage or
O
other waste shall be in sanitary containers and screened. No refuse or any container for
same shall be placed or stored in front of any house, except on the date of refuse pick-up.
16. tate story houses shall have a minimum of 1800 square feet of living space. Two story
houses shall have a minimum of 2200 square feet of living space. Living space shall be
computed using outside foundation measures and shall be exclusive of carports, garages
and basements.
17. All of the covenants and restrictions herein shall be binding and remain in full force and
effect for a period of ten years from the date of this instrument and shall be renewed
automatically for additional successive ten year periods.
18. The invalidation of anyone of the covenants or restrictions contained herein by judgment
or Court Order shall in no wise affect any of the other provisions which shall remaining
full force and effect. The failure to enforce any covenants or restrictions shall not be
deemed to be a waiver of the right to do so thereafter as to a default occurring prior or
subsequent ther I eto.
19. Parking of recreational vehicles such as campers, trailers, boats and others mentioned in
section 4 of these covenants is prohibited unless a dwelling has been erected and is
occupied.
20. Camping or residing on the lot in a non -permanent structure of any kind is prohibited.
21. Any dwelling constructed within the subdivision must have a permanent foundation, and d
manufactured housing is not permitted. CRY
22. Adam Arkfeld, owner of the adjacent 73.507 acres is responsible for the maintenance,
repair and snow removal nf't_he at�hfli naiL.n .T3ad r l eafla ;e avT,aTi c ___t �_._iI _
VA cacti uwellulg
located on the subdivision road shall be responsible for 20% of the cost of such
maintenance, repair and snow removal, payable annually in the amount of $ 200.00, and
Adam Arkfeld shall be responsible for the balance,
23. No noxious or offensive activities shall be carried on upon any Lot nor shall anything be
done thereon which may be, or may become, an annoyance or nuisance to the other lot
owners.
24. Each Owner shall keep each Lot owned by him and all improvements therein or thereon
in good order and repair and free of debris, including but not limited to the 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 buildings and other improvements,
all in a manner and with such frequency as is consistent with good property management.
25, The Declarant herein reserves and shall have the right alone to waive any one or more of
the restrictive covenants and conditions contained herein as to any Lot owned or
transferred by it, except for the restriction contained in the first sentence of Restriction
No. 1 pertaining to single family residential use of all Lots in
and further as to the provisions of Restriction No. 12 under Article I of this Deed of
Dedication, which shall not be waived hereafter by the Declarant as to the Lots in
This waiver shall not affect the binding effect of the
covenants and restrictions upon any other Lot. The Declarant further reserves the right
alone to impose additional restrictive covenants and restrictions as to any Lot or Lots
owned by it at the time of the imposition and such imposition shall not affect the binding
effect of these provisions upon any other Lots owned by the Declarant.
07
ARTICLE H CA)
tV
EASEMENTS
Section 1. Maintenance of Drainage Easements and Detention Areas: The maintenance of
all drainage easements and detention areas located within the subdivision shall be maintained by
the lot owner as it applies to the lot owner's lot.
ARTICLE III
GENERAL RESERVATION
The DECLARANT herein reserves unto itself, for a period of seven (7) years, the right to
amend this Deed of Dedication, provided that the single family residential nature of the
subdivision shall not be changed.
ARTICLE IV
GENERAL PROVISIONS
Section 1. Enforcement: The DECLARANT, its successors or assigns, 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 DECLARANT, its successors or assigns, 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. All costs which the DECLARANT, its successors or assigns, or any Owner shall
incur it the successful enforcement of the restrictions, conditions, covenants, reservations, liens,
and charges, now or hereafter imposed, shall be borne by the party against which action is taken
and which costs shall include reasonable attorney's fees, costs and damages.
Section 2. Severability: Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision which shall remain in full force
and effect.
5
C=)
cn
c.�
w
The subdivision of the land as shown on the plat of 3 i `,q - 91 presently
recorded, or recorded herewith, is with the free consent and in accordance with the desire of the
undersigned DECLARANT, and is in conformity with the provisions of "The Virginia Land
Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the
governing body of the COUNTY, or other agency having jurisdiction thereof.
WITNESS the following signature and seal:
Y -:I
STATE OF VIRGINIA
eFFYICOUNTY OF �j�'� -wit:
The foregoing instrument was acknowledged befo4rae"Itdt of
2006, byfJ(.
NOT Y PUBLIC
My commission expires: op—d 1-0 1
Document prepared by:
Phillip S. Griffin, II, P.C.
102 South Kent Street
Winchester, VA 22601
v
cn
C-0
r
SHEET 4 OF 6
k
F --
C3
--I
N
mll
N
-A
CT
W
34-A-97 \ \
WE5LEY B. 6 KELLY C. LICHLITER a� 1 \ �\ \'�Cli
#030013812
USE: RESIDENTIALrlp �N
o\
TH OF ` \
MICHAEL M. ARTZr \ \
100�BRL _ \
No. 1951
REBAR
!q
�� � 0-1
FOUND
IfNO
HO SURN sa RE86R
a FOUND
34-6-1 S 65'007" 226.24'
DETAIL OF Lrrv� 7,0/210 SULLIVAN
LOT -98
U5E. RESIDENTIAL 34 AES ADAM CHARLES ARKFELD
#050012717
MINOR RURAL DIVISION OF U5E; AG.
21.062 ACRES
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE' 1" =100' DATE: JUNE 28 2005
Artz and Ay�Iocfateoil PLC
FRES NT OWN R. A udrtdierl of Ya BnrineerinR, PLC
40
AN TTE ARKF LD BRAD�ORD `""° �I `""° """6 pfYELOPHEHT
16 EaN PicmdAy Street
TM 34-A-99 8 943, P 1812 dl IN5T. #050017530 1�6S-32 3 22600-667
TEL 510-667-32.13 FAX 510-667-9186
.,.. ... �� ..� TOLL TAEE I-600-755-7320 �
LIPIt
tltAKINU
vuTrvr
NOTES.
L1
S 51'5517
20.00
I. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
N BT64 10` E
255.81
PERFORMED BY ARTZ do ASSOCIATES ON NOVEMBER 19, 1999.-63L3
S 15'44 44 E
2, THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
.08
3. CONTOUR INTERVAL IS [ tEET. ELEVATIONS AW ASSUMED.
L4
N 75'29 54 E
76.69
4. PROPOSED WELL LOCATION HAS BEEN REVISED. HEALTH DEPARTMENT
Lb
N 19'31 64
63.73
APPROVAL IS REQUIRED. CONTRACTOR IS RESPONSIBLE FOR MEETING ALL
L6
5 75-39,42-
72.48"
HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION.
L7
N 4857'1 gE
316.77
= REBAR SET UNLESS NOTED OTHERWISE
L8
S 7758'34*
L9
N 1726'69
F70.
® = POINT 34 A-100
L10
N 661445 E
GLEN W. S PAMELA L. RUSSELL
L11
--Cl
N 66'1445 E
37,10
1
z
N 62.1'96 0 E
10922
z 952/1405
L13
N 66' 17'23 E
100.4
USE, RESIDENTIAL
L14
5 66'56 01 E
i 399.4:
WHITE OAK N 66'16'23" E 640,20'
E
LLir,N
st"t7'10`
8390c
y L10 1 1
PROPOSED — — — ' ' _ g0•
__
BRE
— —
— — T
$ELL `a"
1
I
w 0.119 AC HEREBY 6
Da IAMED TO THE
RESIDUE
COMMONWEALTH
O, 1) NflF
` �
I
�RGINIA
LO 1
i
,Q
6 882 N
Ell L4
1+�r_------_
m
��
ACRE5 ,
L13
\\
412 rT \
POST
\
\
\
I
v
cn
C-0
r
SHEET 4 OF 6
k
F --
C3
--I
N
mll
N
-A
CT
W
34-A-97 \ \
WE5LEY B. 6 KELLY C. LICHLITER a� 1 \ �\ \'�Cli
#030013812
USE: RESIDENTIALrlp �N
o\
TH OF ` \
MICHAEL M. ARTZr \ \
100�BRL _ \
No. 1951
REBAR
!q
�� � 0-1
FOUND
IfNO
HO SURN sa RE86R
a FOUND
34-6-1 S 65'007" 226.24'
DETAIL OF Lrrv� 7,0/210 SULLIVAN
LOT -98
U5E. RESIDENTIAL 34 AES ADAM CHARLES ARKFELD
#050012717
MINOR RURAL DIVISION OF U5E; AG.
21.062 ACRES
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE' 1" =100' DATE: JUNE 28 2005
Artz and Ay�Iocfateoil PLC
FRES NT OWN R. A udrtdierl of Ya BnrineerinR, PLC
40
AN TTE ARKF LD BRAD�ORD `""° �I `""° """6 pfYELOPHEHT
16 EaN PicmdAy Street
TM 34-A-99 8 943, P 1812 dl IN5T. #050017530 1�6S-32 3 22600-667
TEL 510-667-32.13 FAX 510-667-9186
.,.. ... �� ..� TOLL TAEE I-600-755-7320 �
NOTES:
1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARiZ dt ASSOCIATES ON NOVEMBER 19, 1999.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. CONTOUR INTERVAL IS 2 FEET. ELEVATIONS ARE ASSUMED.
4. PROPOSED WELL LOCATION HAS BEEN REVISED. HEALTH DEPARTMENT APPROVAL
IS REQUIRED. CONTRACTOR IS RESPONSIBLE FOR MEETING ALL HEALTH
DEPARTMENT REGULATIONS DURING INSTALLATION.
LINE
BEARING
DISTANCE
L1
S 86'1041
E
205.62
L2
S t4!44 50
E
82.70'
L3
N 72'11'06
E
76.19
L4
N 18'58 50
70.81
L6
S 81'42'16
PROPOSE �+J
WELL C D ACRES
1.3
L6
N 45'17'12
E
146K.�42
L7
S 66'56'01*
E
LB
S 66'56 01
E
5.84
L9
N 23'36'50
E
6.54'
L10
N 233550
E
12.04
L11
S 65'06 17
8.81'
L12
66'0617
S_66'06'17 -
L13
L13
S W22-30-
E
1 356.81-
L14
S 65'0617
153.07
L15
N 24-53-43-
321.21
LOT 1
REBAR
SET
REBAR
SET
cyl
w
cn
34-A-100
GLEN W. d PAMELA L. RUSSELL
952/1405
USE: RESIDENTIAL
N 66'16'23" E 430.24'
1q�7 S 65'06'17■ W 430.15'
34-A-98
DETAIL OF ADAM COW0012717RKFELD
LOT2 USE: A6.
MINOR RURAL DIVI5ION OF
21.062 ACRE5
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: P =100' DATE. JUNE 28, 2005
PR StRKA�
WN R:A RKF LD BRAD�ORDTM99 B 943, P 1812 & IN5T. #050017530
oon — 9�...o
SHEET 5 OF 6
REBAR
SET
LOT
REBAR
SET
��P�TH OF �, c
MICHAEL M. ARTZ;
No. 1951
Artz and A ciateo, PLC
A Hubaldinry of ■ y BnAineering, PW
LARD SUR"NG UND PIA"NG DEVEWNERT
16 East PWWVIY Skeet
L{NWESUR, VA 22601-4740
TEl 540-667-3233 FAX 540-667-9188
TOLL FREE t-600-755-7120
_ _ _ �s
50' BRL
I
g (
I
57
PRO
y I r DRAINFIELD
I
k
I
I
� I
I
I
I
LOT 2
L14
7.000
PROPOSE �+J
WELL C D ACRES
I
to
I�
Ir
I
I
I
I
I
I
I
I
I
L=333.74' J
R=500.00' —
, J
0=38' 14'37'
C LEN=327.58'
'DRG=N 4743'09" E
EXIST.
h
50' INGRESS/EGRESS1LI
v
\
' UT
EASEMENT
L\ �Ll
t/ /
1q�7 S 65'06'17■ W 430.15'
34-A-98
DETAIL OF ADAM COW0012717RKFELD
LOT2 USE: A6.
MINOR RURAL DIVI5ION OF
21.062 ACRE5
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: P =100' DATE. JUNE 28, 2005
PR StRKA�
WN R:A RKF LD BRAD�ORDTM99 B 943, P 1812 & IN5T. #050017530
oon — 9�...o
SHEET 5 OF 6
REBAR
SET
LOT
REBAR
SET
��P�TH OF �, c
MICHAEL M. ARTZ;
No. 1951
Artz and A ciateo, PLC
A Hubaldinry of ■ y BnAineering, PW
LARD SUR"NG UND PIA"NG DEVEWNERT
16 East PWWVIY Skeet
L{NWESUR, VA 22601-4740
TEl 540-667-3233 FAX 540-667-9188
TOLL FREE t-600-755-7120
NOTES:
1. BOUNDARY SHOWN HEREON 4AS DIETERMINEG BY A FIELD RUN SURVEY
PERFORMED BY ARTZ k ASSOCIATES ON NOVEMBER 19, 1999.
2. TIJS PLAT ISS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. CONTOUR INTERVAL IS 2 FEET. ELEVATIONS ARE ASSUMED -
4. PROPOSED WELL LOCATION HAS BEEN REVISED. HEALTH DEPARTMENT APPROVAL IS REQUIRED,
CONTRACTOR IS RESPONSIBLE FOR MEETING ALL HEALTH DEPARTMENT
REGULATIONS DURING INSTALLATION.
34-A-100 34-A-1078
GLEN W. A PAMELA L. BEVERLY JAVIN5
RUSSELL 755/916
952/1405 USE: RESIDENTIAL
USE: RESIDENTIAL
Li N 64'21'16" E 400.70'
REBAR REBAR
SET FOUND
REAR
SET
O
W
SHEET 6 OF 6
34-A-98
DETAIL OF ADAM#05M12717 ELb
LOT3 USE: AG.
MINOR RURAL DIVISION OF
21.062 ACRES
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1"::100' DATE: JUNE 28, 2005
A
T OWN R:
TARKF LD BRApp ooRD
4-A-99 8 943, P�1812 & INST. #050017530
PROJECT 121118
��P�iH OF
ICHAEL Ni. ARTZ v
19
0
90
VUqHD
Artz and A�IocIate0. PLC
A IlubaldNry of ey R-rin—rill.,PLO
LAW SOTr"NG Lmo P1R" DEVELOPMENT
16 Eael Plaway sbr d
1IWXESIETI. VA. 22501-4740
TEL 510-667-3233 FAX 540-667-9186
� Tau. Fag i-ea9-75a-737a 1
f -----50'BRL -----�
I
uNE
WhRiNG
DISTANCE
I
L1
N 66'16 23 E
34.91
L2
11'24 23 E
252.15
LOT 3
L3
N 0741 86 E
64.39'
LE
S,,Ta6
I J 2
o7 E
6.5;
L6
S 58'20 33
91.57
"06
�����
L7
S 79'3138 E
3t131.83' I
LB
N 64'44'108" E
6
L9
2729 00 E
l 0 18.698 SF o
L10
N 71'02 10 E
LOT 2
f
I DRAINAGE ESMT_
I
Lt t
S 71'02 10
FOR BENEFIT OF
L12
N 79'27-0.y3
TU J34 -A -98A` n 't4 I
L13
461236
8
U
I
1-14
N 52'30'34 E
116.94
L15
S 4712 49 E
024,77
I
I
113
.p
L16
S 52'57 13
92 21
L17
S 79-27-03- E
108.30'
w
r� v
' "'
�
L18
N 710210 E
86.10
`
R=500.
R=500.00' \
4;
L19
N 24'53 43
255.13
�j
�=02'53'41" Lts
m
L20
L21
N 65'0617 E
76.82
C LEN=25,26,
o
S 08'08'14 E
266.44'
BRG=N 634- 1' 17' 17" E
�
L201 PROPOSED S] It ? \
WELL
0
N
j LIB
E
60' BRL PROP EO
L DRA LED �,_ L11
_ — — — _
—(20.11 }
3ETTE
L6 �/ \ - 0
`^�
25.13 }
ANN ARKFELb
BRADFORD
f
� L�=38,01
— LIB R=50,00'
(cw)
C� b=43°33'09'
#050017530
USE: AG.
_ C LEN=37,10'
L=130.03BRG=N 49'05'35" E
EXISTING R=200,00'
e
50' INGRESS/EGRESS k 0=3716'08."
UTILITIES C LEN=127.76'
v
REBAR
SET
EASEMENT
BRG=N 46'06'34` E
REBAR
SET
S 65'06'17* W 435.57'
34-A-98
DETAIL OF ADAM#05M12717 ELb
LOT3 USE: AG.
MINOR RURAL DIVISION OF
21.062 ACRES
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1"::100' DATE: JUNE 28, 2005
A
T OWN R:
TARKF LD BRApp ooRD
4-A-99 8 943, P�1812 & INST. #050017530
PROJECT 121118
��P�iH OF
ICHAEL Ni. ARTZ v
19
0
90
VUqHD
Artz and A�IocIate0. PLC
A IlubaldNry of ey R-rin—rill.,PLO
LAW SOTr"NG Lmo P1R" DEVELOPMENT
16 Eael Plaway sbr d
1IWXESIETI. VA. 22501-4740
TEL 510-667-3233 FAX 540-667-9186
� Tau. Fag i-ea9-75a-737a 1
0
d
crt
W
IRUIN1A: FREDERICK COUNTY. SCI'.
'his instrument of writing was produced to me on
�_ at
W, ith certificate f acknowledgement thereto annrzec
, ad 'tied to record. T imposed by Sec. 58.1-802 of
and 58.1-801 have been paid, if assesMble
46W . Aerk