HomeMy WebLinkAbout17-05 Deed6emmunni
110
"7.126' r o c -.0" frs
*A.t.t.sowiwo,****.tk**
11Mr.ER' VIOC7 FAPMS OF VA., INC. 14.
(141/J.I.:71,1;1713' x•I
e, fi4
494 rc GO g'
..0
TUIC DEED OF REDICATIOn, made and dated this 8th
dny of July. 7910, by Timber Ridge Fermi of Virginin. Inc.
e,
Virginia corporation, hereinafter knovn se "Declarant"; SI3
WHEREAS, Declarant is the sole owner of the lands
described in the attached plats for Timber Ridge Farms Subdivision
iiection IV, which is the name realty that vas conveyed to Timber
Ridge ferns of Virginia, Inc., by deed dated the 24th day of June,
1918, and or record in the Office of the Clerk of the Circuit
Couru of Frederick County, Virginia, in Deed Book 49Y, Instrument
lo. 2390. Said plats, prepared by David Lee Ingram. C.L.S., and
dated tne 6th day of June, 1978, are made a part hereof and are
incerforated herein by reference; and
WHEREAS, the Board of Directors of Timber Ridge rnros of
Virginia. Int-, pursuant to authority granted to it by its
Article° of Incorporation and ily-Laws, has the authority to sub-
divide and to sell real estate; and
WHERZAS, the said Board of Directors, on motion dui,'
Toide and passed, and by its consent and authority, flea approved
the aforesaid plats for the •ubdivinion of its lands described
thereilU which lands, as part of the Timber Ridge Faros 5 ub-
divieion, nre •ituate In the naineaboro District Of Frederick
Countj, Virginia; and
WEEREA the provisions of this Declaration nf Protecti
heatrietinn and Covenants hereinafter •et forth, have been
deeigned with the thought that most persona, ideally, would like t
1,,eepart it
of connuny o h •vingan ecolofie•117 r tt
slanceiatoco
c e h r:
individual o vn e r could
I lextent foie on his own property his privacy and his individual
I 1
I 1
11
I.
.1 i. gan*tflItflbilT&
'1,t;/,Itri '1:1:41
7r 494 Lct 620
I ante And desires vithout, in the course of such enjoyment,
:nfringtng upon the privacy, priviligee and desires of his neigh
corn, and visa versa. Consequently, in this Declaration an attempt
ins been made to provide for the exercise of maximum f -endow for
hone netivitien which may be engaged in upon the Individual traetr
I .0 long as such ectivltlen do not unduly infringe upon the rights
1 :f privacy and enjoyment of the neighbors and the community;
H!!£.BP.AS, Declarant, tthrouf.h the action of its Board of
Directors, hen approved this Deed of Dedication for the attached
nlate, and has directed the Prenid.ent and Secretary of the eornoru-
l itnn to execute and acknowledge, seal and deliver, [his instrument
for recordation nr.ong the lend records of rrederielt County, '.'irglr.ls,
end Ilar.pshire County, Hest Virginia.
now TI!EtttroAr., 'AITfCDDCTII: This Deed of Dedication for
the attached plats is made Subject to all of the folloving provi
of thin Declaration of Protective Peetrletions and Covenants, chit!.
provleions shall be deemed to run with the land for the mutual
In rotietion and benefit of all land owners, and shell amply to ea:h
end every numbered tract shown on the attached plats, except where
�enerved as herein provided, to -vit:
1. txCLus vn BC92Dr- :ITIAL USE ACID II!TBOVB "!Ies
A. Thene tracts are restricted to residential use for
single family, private dwellings or residences designed for occupancy
±y one family on each tract. :Io 'structure or building of any ):1n,!
er conntructlon of any sort, shall be placed or permitted upon a
_rest unites and until plane and description of same shall have teen
ubmitted in duplicate to, and approved In writing by, the !:nviron-
tontnl Control Committee (hereinafter called "Committee as the
stele 1s from time to tine eonposcd.
I B. )xeept vlth the written consent of the Committee, nn
•ot11e none, moLlln house, travel trailer,•::otor hone, carper unit,
ens nr temporary living quarters (including bnser.ent, of here.
ape' rurted ',Tall ':•e pla nd, mint ^tan? or occupied on me tile,:
recline, hencvet•, t'.tt scl f-•nrenrlied notnr henry, travel. tretLor-
nd in t. or rn- -.!i,; my •e weed or e]_ trnetc oxcart ^rnets 5.
it /7_ d 7; far pr rind, nit met ding ,event 71
e; and on Tr ncts 'lo. 42 an 47 for continuous hours set cot hies
periods. rent erce
f7 (10) don, nt any one time; provided in both Snttnncee
turh temporary facilities r.re et leant teventy five (75) feet from
t.`_n nenrnat nide tract tin. end et lennt or.e hundred and fifty :1!
rent fro, the frnnt ee,enent line, and ore dlrereetly screened
it
e
1
fumteenm:tstem>slenoaawsemam
C. :lo tempotary ctrueture or other outbuilding shall be
placed or errct'ed on any treed provided, however, that the Coecitt
:ns grant permission for the construction of permanent building
for tee storage of tool. and equipment provided it Is planned as a
nen:anent outbuilding of the residence when cooctructed, it is not
.0 be used and is not used as temporary residence, and the plans
for and location et the permanent outbuilding ore submitted to and
approved by the Committee. Also, the Counittee nay grant permiseir
fur any temporary structure for Storage or materials during con
:truc :ton. ;lo nuvh temporary structure as may be approved shell to
'r.ed at any tine as a duelling.
II. L1;VInon!!E TAL CO;:TnoL C0.^.CITTSL AND BUILDI:10 !LA:15 I
A. The plans for any dwelling or other building to be
constructed or externally altered on any tree:, or for any other
-.trutture including fences, •ball be approved In writing by the
lnvironmunt.l Control Committee prior to start of construction or
iteration.
1. The Committee initially shall consist of at fear.
three (3) member■ appointed by the Deelartnt; and, after
the Timber Pidge Farms Ateoeiation (the property owners
ansociaiion) has been activated, the members shall be
appointed by that Association.
2. Two (2) nets of all construction plane (to inc :u
specifications for any ctrueture plus interior and exieri
elevations, exterior etterials, celer selections for tie
exterior, and landscaping plane) =let be presented to t!.e
Committee for written approval. These plans shall aloe
include', lot plet shoving the location of the structure
planned witb!a the property, including precise infornatic
e• to the set -bas): requirements. One set shall be return
to the tract owner after approval and one set shell be
rntnined by the Committee.
B. The aquae feutage requirements for residences. ecn-
:trusted en the tracts uha.l be es follows, unless othervine approv
d In writing by the Committee:
Tracts no. :.B through LE The ground floor,
exclusive of open porches, patios and garnree, ,hell
bt .cot leer than 1,2,)C aounre feet in the case of a
one -n tory structure, nor lees t;:an 1,000 anuare feet
In the -nee or a one end one -half or two story
etructu,e; end in the cnee of a structure more the:,
one rtnry the total living apace shall he nt least
1,500 equnre rect. easements, rsragen, atorace Areas,
patios r.nd porches' shell not bn included 'in the total
livinr, space.
621
p.'d: 494 Gq( 621
Iaetncr uy otruubcry and trees or combination ot.such and art!rl
:le1 screens co as to be reasonably od -of -sight of the roodt'ays
and not visible to occupants of adjacent tre.cts on which hoes have
been constructed. This restriction does not prohibit the parking
of unoccupied self propelled motor hones, or travel trailers or
r super units in driveways or parking areas adjacent to single fact::
i cmee provided such vehicles are reasonably out-of-eight from the
r cadveye and the occupants of adjacent tracts on which hones have
u een constructed.
e
r
a 494 ;l!: 622
.C. Buildinfn may be of a contemporary period or modern
design, munt be of eubetantinl construction, and may he of wood,
loge, atom, .masonry pr composition, but must be finished or
painted in such a manner ea not to detract from, nor mar, the
nnturel beauty of the surrounding.. All buildings shall contain
n nubotnntial quantity of new materials and no used struetures
shall he reloce.ted or placed on any tract; provided, however, that
1n the conetruetion of vintage -type log houses, the use of ured
`.ors may bet incorpurated into the construction plans, subject to
the r.nprovnl of the Committee. Ne dvellingn ehnll be used for nn7
other than uingle= family residences. except on tracts otherwise
de.lpnated by the Declarant, ito nuoceeeors or assigns. No single
fnnlly residence shall exceed thirty -five feet in height ea
renamed from the lcveat floor level (not the basenent), unless
othervlse approved by the Committee.
D. Any structure erected or pieced on any tract shall
be net beck at leant seventy -five (75) feet from the front road
(r efitment line, at lerist seventy -five (75) feet from the rear tract
line, and at least sixty (60) feet from each ride tract line,;
,'unless the Committee allows variances and adjustments in order to
overcome practical difficulties and prevent unnecesnary hardsh!pe.
T.. The exterior of all buildings, and landscantng, "unt
be completed within nine (9) months after start of conetruetion or
alteration; provided, however, that the Committee may approve en
extension of time in appropriate cases.
III. YODEL on Eyt!IBIT NOU!ES
A. No model or exhibit house shell be erected on any
platted tract, nor shall the owner of any traet or hie agent
permit the use of his residence or house as such, without the
prior written approval of the Declarant, its.sueceasors or aenigns.
IV. DUNDIVISIOD Or TRACTS
A. No tract may be subdivided or easements granted
without the written approval of the Declarant, its sueeassoro or
neelcnst provided, however, that the Declarant relervs, the right
to re-subdivide any of its unsold lands In the subdivision. If
two or more adjoining traeto are acquired by the sent owner, no
art or parts of said tracts shall be conveyed by said owner unless
path tract being. conveyed end each tract being. retained is In
.nrplinnce vtth all of these restrictions and covenants.
V. ST'EETS, ROADWAYS ADD fASE!!ESTn
A. The etreete and roadways shown on the attached plate
re not publicly owned within the meaning of Section 15.1 47! or
,.he Code or Virginia, 1950 as emended, nor are they publicly main
Ir r.:ncd. 7urther, the recreational easements shown are not
leetcated as street, or roadways, and the creation or said easement
r ocs not OW!' ate the Grantor to improve, inrove, maintain or
C epnir said .[serene, for wily purpose whatsoever. They are not for
l.be wee or the public, but only for the use, enjoyment, nor Lefler!:
l L f all the trnet owner, for reerenttonnl purnoaes, such ns hilt nr
and horseback rldinp; provided, hovever, that the Orer.tor reserves
Inc rich: to extend rondvnvs on such tneenents should in its sole
3;J.• 494 rl.t 623
tndrn' ^nt the n•rd nrine. further, the f:rnntor, its ttlrc'!Grc'rn n,
i•. n'.rne. re nc r.e r. the ri cht for itself and the Timber P1dre Terse
noaoclation to enter Into agreenante ulth ether recrentionnl cut
divioiono and clubs for the mutual exchtnro of rif.ht° ni.d priv11Sr01
tc erne enser.entc end recreational facilities end amenities.
D. Irnntor reserve. unto Itself, its tueeesaort or
ncnlpin, n perpetual, alienable, releasable and asclgnable eaaenen'
aver, acrs's, upon and ender each tract for the erection„ mainten-
ance, lnr.talletlnn and use of public utilities and dreinere for
;arfnre voter where necessary to maintain proper dreinace for the
protect1nn mud eppeamauce of property and the safety and health
the property owners, reserving to Grantor, its successors or sealer:
the sole richt to convey thn rlfhts hereby reserved.
C. Tor the benefit and enjoyment of ell tract ourorc
and the Timber ?.i.r,e forms Association, Grantor rceerven unto itself,
its successes or s.nifnn, en easement for horseback riding.., h1 :ir
joc:inc, bicycling, etc., on and over the old loccinr roads and hill
Inc and riding paths and trails as cleared and established on tea
tract; provided, however, that upon the erection of a residence upr.
o tract, much tenement shall terminate for that tree! unless exten
ed, fcr all or part ot the roads and paths, by written arreener.t be-
tween the tract owner and the Association. lio motor vehicle of an;
kind whntnoever shall be permitted upon these easements except thorn,
of the tract owner, end those of the Declarant and its scents durirf
the development and nnrketing stages of the project; provided, how
ever, that any vehicular traffic required by the provisions or Sub
nerecrsph "11" above rolatinC to public utilities and drainage shal
take'precedenee over this Subparagraph.
VI. 'THE TIMBER RIDGE MINIS ASSOCIATION (TEE PROPERTY
OWNERS ASSOCIATION)
A. Pemhereltip in the Timber Ridge Yarns Association is
mandatory for all persons or entities owning property in the
subdivision, and for all persons holding valid real estate purehas
contract. for the acquisition of a tract In the subdivision, end
no such parson or entity .hall acquire title until they have been
approved for membership in the Timber Ridge Farms Association by
the Grantor, its successors or &deigns, or by the Association; nor
shall the owner of a tract or tracts in the subdivision convey
title to said tract or tracts to any person or entity who has not
been approved in writing for membership in the Timber Pidge Farms
A;aoeiation. All such members are obli;ated to pay the dues end
:rents levied upon each tract owner by the Association to
defray the cost of maintenance of MAP and recreational facilitie
and amenities used and maintained by the Association.
D.• The Association shall be responsible for the nainten
nncc, repair and upkeep of the roadways, streets, parks, recrestlo
nl easements, etc., within the Subdivision and the appurtenant
drnlnaee en ements reserved by Declarant. The Ae.beistioo shall
oleo he the means for the promulgation and enforcement of els
renutetinns nece to the covern Ina of the use and enjoyment of
ouch rondw_,s, .tree!., recreational easements and such other
properties within the Subdivision as it may from time to tine own.
C. The An,octatlon shall have al. the powerc that are
vet out In its Articles of Incorporation, as approved by the State
Corporation Connlasion of Virginia, and all other powers that belo r
to it ty operation of law, including but not limited to the paver
to levy nl;oinat every member of the Association a uniform annual
char., rer cinf_e- family residential tract within the rubdiv union.
I the amount or sold charge to be determined by the .ward of nt rests;
of the ,.nsoclntjrn niter consideration of current maintenance need .t
nn^
fur need, and requirements of the Association, for the
purp•,sen set forth in it. Article. of Incorporation; provided, h..
:vcr, that no such chnrce shall ever be made aro inst. or be pay a51
lrnoclntton itself, the Developer, or any corporation or
lay, :rpnrntir.s thnt any be created to acquire title to, and epee-ate.
F i lth-. nrn,, itie, or other pr,rrrttee on behalf ot thw Asseelotlon.
5
pgraillinni7MIUMEIME ammo
sea
apr' 494 et!t 624
9. Should any tract ovner become 4clinquent in the
.,ent of duce or acseocl.ento tc the asst ttlon that are v...•' -r
the reintcn_r.cr of roads and ecrentlonal feetlitlee end -en!tlrr.
such ovner shall denied the use of seta recreational fa- 111-
and amenl4tro until ouch tine ne the delinquency hat Leen ecrrecte'
prov11.2. however, thnt said tract oune.. :hall at all ti -rs have
the right to accept over the private roads in the fuhdlvlsten to
and from hie property' by the nenreet route. Such delinquent dues
shall bear interest from the date of delinquency at the rate of
seven (7) percent per annum and ,hall, upon the date of delinqucne;
constitute a lien an each tract to vh!eh the delinquency pertntr.c;
the said lien to cover the principal amount of the delinquent chart
Interest and retnonehle attorney', fees ineurred in the collection
thereof. Every such lien may be enforced by equitable fereelooure
suit: filed in the.Clreult Court of Frederick Count!, Virrintn, en;'
time remedy of foreclosure is non-exclusive and end the
f.seociatlon reserver
n1I other remedies provided by ley for the collection of the
delinquencies. The Association han the right to publish the naves
of delingncnt members In such a manner as It may deep appropriate.
The written doted statement of the Association that no delinquent!'
exists hereunder as of snid date shell be conclusive evidence
thereof.
vII SALE OF' T..ACT DT OVIIER
A. Vhenever the owner of any tract in the Subdivision
Independently decides to sell said tract, or should the ovner reset
n bona -fide offer from a prospective purchaser vhieh io acceptable,
said ovner shall (1) first offer to sell said tract to the ovner of
the tract on the right of said tract, (2) next to the ovner of the
tract on the left of said tract, and (3) finally to the Declarant.
its suceeosorn or assigns. Said offerings ehnll be made +ucees51V
ly, and each of said oftereee shall have ten (10) days from the refuse
d ate of the nailing of the offer in which to accept o refuse sai
offer. Said offers '.o sell, as outlined above,
``rice and terns contained In the bona -fide offer which are accept-
price
to the owner of the tract. The offers to sell shall be in
riting and Bent to the last hnovn addressed of said ovners no shot
Ip n the tea records of Frederick County, and finally to the Declarer.
Z its successors or .&coigns. If all maid offereee refuse to purchase
said tract at the price and on the terms proposed by said owner,
much owner shall be free to sell said tract to the party who chat,.
rave made said bona -fide offer, or (if said ovner shall have inde-
endently decided to put said treat on the market) to any third
arty, in either ease at a price and on terns not ,ubetnntially
p ore favorable to the purchaser than those offered, as aforeoele,
1.o said owner's neifhbors end to the Declarant, its successors cr
assigns. The "tract oh the right", for purooses of this nnrnfrfnh.
I •hall be the next treet on the rirht nil one feces his own tract;
nrevlded, however, that the Declarant and Stn successors or neatens
^heta be er .not from all e." the provisions of this nernfre.rh nn tr
at1n1 eonveynnecs, re acquiei..iuns end re conveyancen of env one
•.1! tracts. Further, if the o•rner or enters o f any trnat betnr
sold or conveyed shell inenrnnrate to the deed of ecnvevance, or
,ttneh to the deed of conveyance to be recorded therewith, on
'f'dnvtt under nnth tint tilt, rrovtolnnt of this nnrnrrn TO. 1 ve
•cn enr:•1!ed with by raid ovner er owner's rartnr the erevrpnnre.
Ih •.•1 thnt rr the nnr: lnvienr rte n! r rat re t a,. h•' ve
rr nc t•i ne rir rlrht tr n the n nroner mush n ee.,. .v!. n1
r r n r n n e l t a l v r nrrnu-n'len that t h i s nnrnen. nh hne '•ern r i
•1'rr• t reel any d
nu rchnr rr rr rut rn d r rb?but)) 1' r er s 11 uc- r nteete!
I .1t`r, e;v rely worn aci affl l wit,
993 ;1u 625
In r ^1;'1 nr vp nn.nald nr''nr vlt, as to e a rpll an ce `•Ith this nara-
rranb; and the title to any tract so conveyed shall be valid in
perpetuity and immune Inert the objection or attack by any person
hntr.never n: to ccrp :lance vith this pnrarraph.
.:I1. .._CIC:CI ..':J '.77 .F '.'.A
Ifs commercial or business enterprise: stall hu
I tllodod on my pintted residential tract, other than arts, cra'tn
r profeouleno operated or con cule)y by family r.crhers
/cropylnf the residence, and n0 heavy equipment or vehicles ur.cd
In industry or for ccrr.erefal aetivitics shall be reculerl;' parted
Jr stored on any tract.
n. Jo vehicle !hell be regularly parked on on ntree: nr
ror,dvny in the uhdivlsioa. -ash tract o•.rner 'brill conntruet nad
lnlnt nln oultaU.l.e and adequate parking apace on his pYpner for
u cl:
�:he parking of bin vehlcleo and those of his rueats. /.n.
�larger than three- quarters (3 ten, and all unoccupied camping
:rallern,-motor homer!, and mobile canning units parked in the drive
'nyo or nerl :inr areas adjacent to the residence, rust be l: ept
ennansbiy out of eight of the occupants of residences which have
een eoantructed on adjacent tracts and the users of the streets
old roadways, except those vehicles used during the actual period
of conntruction, lo stripped dn•.:n, partially wrecked, SnooeraLle
it junk motor vehicles or parte thereof shall be -permitted- to he
larked or placed for more than seven (7) days conseeutivwly on any
rtrect or rond or on any tract.
C. garbage neat be kept in covered r.etal or plastic
cnntatnero, end trash sha -1 be kept in rigid metal or plastic con
te and no pieced or of collection, and
all of
trereat t or roadway, t nY, er.ce P t durin h' Perio the ru)es
tdtopoce in Co
d of n accordance with County ordinances and
nd regulations or the Amber Ridge Fares Asaoeiations All outdonr
lothes poles, clothes lines and similar equipment, and every tank
or the storage of fuel installed outside any buildin
urted below the surface of the ground), shall be appropriately
:ereened by shrubbery or otherwise so in not to be vieible from
toy street cr rosdwsy or by the occupants of residences on soy scent
rerte.
D. All tract', whether occupied or not mad any
,,prove moms. lb.:reon. ea n11 et 411 Line Le raintbine! in sash n
Harme es to prevent their becoming unsightly by runeon of
Inner
attractive growth of ve-etn.tion on such tracts or the .ctumule
lon of rubb!.s'n or debris thereon. Fhould any tract owner foil to
I alntain the improvement% or premises situated on the treat in a
sneer consistent with these restrictions, the Tuber ridge surges
.s no-lation :boll have the euthdrity, through its employees and /or
hcote, o p c Lo t enter on the re :Lacs an,l repair, sal ntrtln and u Tcetorc
e nrr an i an ,t r to th e o th at
:nd other irprove eat: thereon. Any such repair and ❑alntenr.nee
i on is sbnll be added to 1713 hecore s part of the tnr.ual charge to
!thick ouch trnct 1s suhlect.
:ell duelling house> and arprevei outbuildinrr., when
il .,qulred, °ball he ceanected to their on approved rater supply
grid cc ;,L1: syotcas. There oho:l be no outhouses ror such purposes.
i
..,ri 491 aCi G26
r !!o livinp tree ronourtnr nix Inches or rrre to
dtnmeter nnv he cut or removed vtthnut the written snot of the
nvlronmental rentrr` rennit.tee, unless located with!n twenty ?pt
rt•.e ne the rein duellifl' or necenmery
I rret tYo move^. tree ray be removed ,rlthowt permissi ^n: -f
'.r n,d or 1f n Uir en4 to the hrn_th, safety sr welfare of any person
•!r ,vinr, sheen, runts, cnttle or other domestic or
Nold nelnn'is except foul, horse's, ponies, end net more than tw
o rIs
o nds of cattle, shall La beet or nnlnteined on nny tenet.
l
r.t rieticn Shall. not apply to dnra., Pete or otter en All domestic
Iam anlnnla that ore household p._te and of o Inlet and unof. r rttai•'e
It otrun; but tt does apply to nil dean and onto that are permitted
tt run free, to the breeding of such an a Duals ass or ler^r ^f
end to the keepinr. of such on a commercial brats. rovl; F ereeo,
liern, and cattle. op on
penny be
hav been b ,netifieally
c iydthes, coops, etb., which
nnpr Dythe Environmental Control ronmlttee for that ourrosc,
includinn facilities. for cattle and s location on tract. and fowl will not be permittede if adjacent
I ts or in the near vicinity of the streets and roadways.
N.. All (eneee and outbuildings such as raror bar
corn's, ridtnf rinro, pens, coons, etc., Snelueing
xter color, length, width, height And other construction
aneclftcntlnns, arm: location on the t ra ct, t feet !e approved in t 'ritlfl by the Environmental Control
.'`reserve the appearance and nttonl quality at the Subdivision: and
o fence shall be erected on or neroso'any rondvny or recreational
•nserent on Any platted tract.
I. no nocer•vehieles of naYnd. lhee„senovrno mobiles,
eglatered or unreglntered, including motor
nd ale— terrain vehicles, shall be permitted in any cress narked
for pedestrian, eequentrien or other woe of recreational facilities
r on the reerentionel easements, unless such arena have been
.Iredr dg .r f Farley soiinti mad urthermore d notor blltea ahsllh Tinb
be er ch e erne association. v nlat•ed tract, vlthout the
.pee per r ecreteno were purpose s on nn,
nkclfic, written perclsel on of the Assoc= adjacent en and Parallel
ok n t end hvraebnek riding. nee generally motor tee veiny. the
The main frndcd streets and roadways.
.pdp n streets And rmdvnys noel be licensed by the .^•tote end shoe_
Iy r. p r. eneel 3 y or r AnsFort ativn between the owner's :feat the
I c i to rnncen`. t.
I permitted
J. No aids of any nature t owne or shell
spent. except one
n any platted tract by the r ll.
I
one s1n not t t.1 1nf eight (.'l) inches in heifht and Carty
'nches In 1. r tt2 xc sad one seen ndvertininr the tract for sale not
r r.c r.••1 ecn .`set br three
rest !n a1_e• exeet vtth t!:c
II r'• n p rr: osSrn of the pcelerrnai, Sts sueecnaory er e nsaCnt
a rifles, cl:ntrun r, hnndr`ns cr other 'S rearnn of
�1. 1.77c c n1: ^11 1 nerrtttcd to !c une•i on•.chcre in oho r ut :list
-••ns ren.rrvcd Ind /n: specifically destrnr.ted ter a'-Je':
''elnrnnt, Its nueoersors or nnslrr.s.
,rr. 494 rf 627
b. upr; fires shell be permitted on any part of art;:
ulette: tenet, except in outdoor fire nieces and incinerators
equipped vlih fire ocrreno, extent with the written nnprnval or
the Peeler-not, Ste ouceesuore or nsnlgne. All fire platen in the
duelling: Hutt be equipped with fire ocreene, and of least are
nouechnld chemical-type fire rxtinguisher purposes and for a tde emergency
nvailekle to oath dwelling for
.fire protection of the entire rubdivllton.
No all or natural Cos drilling, refining, eunrrylne
or mining cperotiono of any I:Snd shall be permitted upon or with /n
the boundaries of nny platted tract, and no derrick or other
structure erected, nnintnined or permitted on l natural G shall
nny platted tractwitllin
be
the Subdivision..
N. No noxious or offensive activities shell be carried
on on any t.roct'or parented to be carried on, nor ohall anything
he done on any tenet thnt shall be or become and unreeenneble
annoyance nr nuisance to the neighborhood.
I::. RESTRICTIONS RESTRICTIONS A:ID COVENA::Tn CODIrICATIOIT, 2:IFCrCF,iNT
A. The P.eotrictionn and Covenento herein contained
shell run with and bind the land and each is enforceable by the assigns in o any eplatted successors
in Subdivision and the including Timber Ridge Forms
of any ci p
hseoclutlon. In the event of a violation or breach of any of thee
restrictions by any property owner or agent, the owners o fh tr acts
in the Subdivision, or any of then jointly or severally,
have the right to proceed at leu or In equity to compel a com-
pliance with the terms hereof or to prevent the violation or bream
of such terms in any event. -Ins addition, Declarant and /or the
Timber Ridge Faros Association shall have the right, whenever tiler
shall have been built on any tract any structure which in in
violation of these restrictions, to enter upon the property where
r.uch violation motets, end summarily 6-bete or remove the sane et
the expense of the owner, if after ten (10) days written notice
of ach i Any suchv entryl and. not have
nr removal shall not be deened A nse
rem -pass.
rempass.
I
D. The failure to enforce any right, restriction,
Il reservation or condition contained in this Declaration of
I 1'rutective Restrictions and Covenants, however long continued,
iI shall .rat be needed a waiver of the rights to do so hereafter, as
to the sense breach or se to s breech oceuring prior- or eubeegaent
thereto, and nhnll not bar nr effect its enforcement. Further,
nothing herein is to he construed so so to prevent the Declarant
from ciaclnG further reotrletions cr easement° on any tract in the
Subdivision on which a valid sales contract has not been executed.
C. The grantee of say tenet subject to the coverage by
this Declaration, by acceptance of a deed conveying title thereto,
ur the execution of o contrnet for the purchase 'ti.ereo whether
f m Drclnrnni or 3 nubsequent owner of ouch tract, shell, for
hiruelf nod his socceaeora or n e.ICne, aeeept ouch decd or eontrnc
u and La.1CC. to tech end all of there rectrletiena and the
.groenente herein contained.
6 7
528
X. CAPT!Ql19
5,7r 494 ii[! 628
r.R':
"he .r.v!ror.rcn t. n! "intro.: -_.cc
n`tc rn r!an r. co and ndiustrrnts of t.henc ^••st rf^."
.overcome prnetteel difficulties end to prevent upr.ecer.nr:• 1
�Is'.lps In the application of the provisions. contained ertt-:
O providrd, however, thnt sue.`. Is done In conformity with l..
I••r:d ourecne he:'crf and provided mire thnt, In every instsmce,
c r n"--tree v'tl net be rater' ally 'tetrlr.o mete_
ln; u: mt
nus to ether property cr ieprovc e.ents t ^1'.! •.e•
I u`.•ti-._ 1 en.
S. rect_arent, Its aueevsnort nr.essIcns, ....wee t`.r,
richt clone to wive any one•er all cf these restrictions,
v endltlenn, reservations end restrictive cove ^:•r." ec
err to the
or sale of any tract. or tracts, and 1't further reserver tke
clone to impoee additional restrictions, condition! reservst_en:
inn.d re et rl et!ve covenant, es to ‘he use or sale et tracts t'hic
suns nu of the ente'of such Imposition. Such imposition ohn_'1 net
....fact the 4 tnd!nr effeetn of these provirtcns :-C' any other
r. the !eetrictions and Covenant! herein eentel'ned
'shell not Lncnee nnv restraint on any portion of lane new ovmed
r hereafter nenul red by the Decl nrent, its cucaessor_ or lns1 arcs
;s i
r title, vh ether eu lend be joining, rtl7ee c.^.•
er n:h:
feinted in any fanner to Declarant, its successors
or nsctt.
I lto the property herein dedicated and platted.
t This Declaration of Protective Restrictions and
Covenants ray be amended or modified after June 3 'pet, by the
`formal approval or at leapt two -thl rdn of the tree tuners in t!.e
Cubd!violon, and then shall be effeetive only when properly ror.cri-
ed vlth the Clerk of the Circuit Court of rrederlek County !n
•.tlnehester, V1rc,1nIn, and the Clerk of the Court et ^.arnehire
County in Romney, ::eat Vlrrinta; provided, however, that the
Declarant, its successors or assigns as Declarant end proprietor,
reserve the right to Dee to subtract from and chance t`:e,'e
restrictions nt any time in other subdivision of !t! remain:re
ir.ede or after- tc lands.
S.
The invalidation by any 'court of any restriction!
cnnte nri in this Declaration of Protective Restrictions end
Covenants shall In no way affect tiny of the other restriet,lcr!
Jut they shell rennin In full force and effect.
A. The captions n rcedina the various nernernnhe and
:ubnerifraphs of thin Declaration Are for eonventence of r
on1v, and none of them shell be used as an aid to the construetton
l ef any provision of the Decla.rctirn. .t•herever end vhe'.tever
spp)1cn`le, the einrular term cf any vord shall t.• taken to peen
I ce apply tc t•e plural, and the r•.necu`!ne forn shell be taken
fen." ^.r anrly .hC ferinlne cr to the neuter.
.1!: ^.r the fo11nv1nr virnetures and seals.
TIMRCP FICO° FAPI!S OF v!PCt ?IR, l7:
P: `'r .YJ.e..a.` feat'• i 41, r:;.
tat
5orc 494 F)1E C29
._rT 4 -t •.rr ':o -.•ic:
1, J/Fify��l5 ct' L e otsry public and ._r
..h- r State t't j T afcresell, do he rebp errti':'
L. Harold ::o:a end �.l.1/4.rrt"N A t'hoce naves nee _(rne-
to the Fo re Eoln[ need of e dl etl on bearing date of t Jf. .1;e
___�ys
day of 1770 at President and Secretary of
71omcr rldre Farms of Virginia, Inc., respectively, and v_.`, the
Geed of said corporation duly affixed hereto, have this ley
perso lly eel:novledgel th Dame. fedi fety 4e'r ✓y, /y 'r'
,y>vn -Lt... /i c. n6-. /ii/
9ec J 1 of
(SEAL)
G li /:u,--.(•'3 /1 e
gar• 494 !AG C30
i7,17:e 6'
sEc77
�r�c�rxLr caa..- re yi'«s044
,y,._4 -Wee 'ry wt /f3•T "yeed',A .I
,'s,�.rlg07C ,Ethel'
.si.e:y_s
Li42•:/ GEE'
!..tar _r.. C.'C' oe cA. ft /L'A.✓At.t
n:��.r %svv.rece
etc 7'%yoeC
r o t: e
C. C.I
77are-e!love' /AL.w c•--r-a.c er- 0---■.-ecre.e A e N
/fV1'N.I[/a.• r.'Me.r e N /d4Y r
A .PCL MI,,, N.IC JL /NM13.•W Aw./ r.✓C r■•. w C
747 /LeAN T°•.r' s4r' /{••ef M4ewcI er .c
..-.re ..e e Y ._en rare'
AfV�
ars r 'fw,�Cf ay f ir s.. t.C•C5 r,— e.c
+vi•••tr
JY'M• f r.d oY >We" r.SC c— ce•.t•.
sr
»7: 2 16s s 1 .9. 4
/b ft' r'E r.L Pr .f.4TE
frlAr 1 .-.,....w.- t.i. it y ,..+f ff.rrwr ,..1.'. ec>..1.J✓
U�'' I w r .v n Aac r w r< .nt .af �w.r
n f f ,..f r• t
i ,kuA -/I E IN CP ,A M 7
C r..F;
11lil
1
:r,: rtyA :,a ray
i-uor J7 vied'• Uiel
J
i/
59
`t om
7. "ter- �:e:v 1
to
4
I .Yr r r
w
:7T H"
.r4s Jr
rr i
v++.
-e ...r o r c» e' 5 o-g io
1 r 7rr.s 1 z .r "as
t G
ram.µ 'r a'
r.:.C. r.. e.✓ 'Ate 1 f ete
T rA +.w i -TA k eel .>T' 6•.0 atat", j
P iMT✓' .rt• w aC n 4' r. s i..
eer I r e
.3' w<. et. t 7q rr evi. ss N Js•'sr:✓
lor
Cr
ow
a r rrok
...s---'
s of L
6i
632
1
1 1
1
rte,
cat"'
'V
'7
ectree,
.C
Pretes■ I lit !_st sal ntorrennetersilszarestr
--:sCImEr.-rCT
p
-re -5
-.177%.44-7
set'
co: ssest"!
str•
P
441 eekezeeS
Critir syrs•raft :er
A" cwt. cee" "sear. le I. ;C
3rsr '494 632
1 i (0 ("1—
CI., It
ra
_-5:esg-skt
P t -a l te.e.slonbcor_r,ear„note
eerreeereneseene r Ceres.ree otee•••••
.14 a en" ..e-renee,./ en n. "ece.
re Vt. /eve,. etr
2
s „Z -Ct.; ,d e fr 4 77-7-1 7 1
sq„
noxerelair•••••■••sirainann•li