HomeMy WebLinkAbout17-05 Final Plat1
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V h I IIlS OF V7,. '.[NC. 't I k I
'1'1FF:ER' utnGE Il R 1.I 'l j
yAi n x. t. .7 1
DEED or Cur, :cr :xleml n
494 Gtfl 4!
TIIIS DEED OF DEDICATI011, made and dated this 8th
e
day of July. 1978, by Timber Ridge Fermi of VirClnin
Virginia corporation, hereinafter known as "Declarant
WHEREAS, Declarant is.the sole ovner of the lands
described in the attached plats for Timber Ridge Fares Subdivision
Sceti.on IV, which 1s the name realty that was conveyed to Timber
,Sdge Farms of Virginia, Inc., by deed dated the 24th day of June.
1978, and of record in the Office of the Clerk of the Circuit
Cour. of Frederick County, Virginia, in Deed Book 94.
lo. 2390. Said plate, prepared by David Lee Ingram. C.L.G., and
dated the 6th day of June, 1918, are made o part hereof and are
Lncerroreted herein by reference; and Fnrna of
WHEREAS, the Doerd of Directors of Timber Ridge
Virginia, Inn., pursuant to authority granted to It by its
Articled of Incorporation and Ry —Lave, has the authority to sub—
divide and to sell real estate; end
WHEREAS, the said Board of Directors, on motion duly
merle and passed, and by its consent and authority, has approved
the aforesaid plats for the aubdlvislon of its lands described
therein; vhich lands, as a part of the Timber Ridge Farms Sub
dtvioion, nre situate in the Geineeboro District of Frederick
Count Virginia; and
WEERCA", the provisions of thin Declaration cf Protective
Deatri.etiona and Covenants, as hereinafter set forth, have been
designed with the thought that moot persona, ideally, would like t
wing an ecologically balanced ateoapher'
fnresinrit9B%fl
1
to n pert of a cons...
Lore each individual property owner could enjoy to the fullest
I hie privacy and his individual
'extent po:u ible on his own property
err 494 620
I Tents and deniers without, in the course nf.sueh enjoyment,
ntringtng upon the privacy, prtvillgee and desires of his neigh-
ors, and visa versa. Consequently, in this Declaration an attempt
as been Cede to provide for the exercise of maximum f -erdom for
hone netivltlea vhleh may be engaged in upon the individual traete
II.0 long as such eetivitlen do not unduly infringe upon the rights
trf privacy and enjoyment of the neighbors and the community;
II Vfr.REAS, leelarant,ethrour.h the action of its Board of
Directors, hap approved Ellie Deed of Dedication for the attached
I plate, and has directed the President and Soeretery of the corpora
t!nn to execute and acknowledge, soul and deliver, thin instrument
for recordation among the lend records of rrederick County, .ircir.!a,
end Hampshire County, Hest Virginia.
9051 TRSRRFOAE, YIT;IDSSETn: This Deed of Dedication for
the attached plats Is made subject to all of the following provisic
of thin Declaration of Protective Reetrietions and Covenant,, which
nrovioions shall be deemed to run with the land for the mutual
In roteetion and benefit of all land ovnere, and shall arply to eeah
end every numbered tract shown on the attached plate, except vhere
reserved as herein provided, to -vitt
7, EXCLUSIVE RESIDENTIAL USE AHD I)!PROVE!:E!!TS
A. Thee, tracts are restricted to residential use for
single family, private dwellings or residences designed for oeeu ?an:y
'7 one family on each tract. No Structure or building of any ):ind,
sr conntruetlon of any sort, shell be placed or permitted upon a
.raet unleos and until plane and description of same shall have tee
ubeitted in duplicate to and approved in writing by, the Environ-
.cntnl Control Committee (hereinafter called "Committee ns the
r r.me le from time to time eonposcd.
B. except with the vrittar. consent of the Committee, no
*s ells none, motile house, travel trniler,•rotor hone, camper unit,
.er.t or temporary living quarters (Including basements of home
onr zhnll b ln-nd, mntntntr.a1 a -e
nevi l.• e 7 n r hemep t t on nor ;roe•.:
d, however, r, t�•.at self- nrcnrlled notnr hrnep, r ^.vn 1. :ra1Lc•;:
I n d tents. for en- ..,:t- my •e. uncd or all trees exrert trnetz a.
(.•ed 1; for period, n:t esteed!ng seventy -tve (72) lours e.t try ^l.<
^.e; and on Trnetn Yo. L2 end 43 for continuous periods, not erre�!-
nr thlrt•• (:10) dnyn nt any one tine; provided in both 1 :estnnces
purh te.:porery facilities pre it leant !event]• -flue (75) feet from
)he nervcs- nide tract line and at leant one hundred and fifty (l!
frr'
!Then the frnnt en,enent line, and pre dlaerretly eereenei CCC
II II
1
ttsmee ADIMrartalsmaeamsautma
t.:,r, 49.1 igt 621
aitner uy BLru,bery and trees or s comtination of.such and ertlfi-
-1n1 screens to as to be reasonably oat -of -sight of the roodrays
and not visible to occupants of adjacent tre.cts on which ?sects Lave
been constructed. This restriction does not prohibit the parking
of unoccupied self propelled motor hones, or travel trailers or
camper unito in drlvevsya or parking arena adjacent to ela(le foci::
hoots provided such vehicles are reasonably out -of -eight from the
readvsyc end the occupants of adjacent tracts on which hones have
uern constructed.
C. No tempotary structure or other outbuilding shall be
p laced or erected on any tract; provided, however, that the Commit:
ay grant permission for the construction of permanent building
f or the storage of tools and equipment provided it is planned se a
tcrr_unent outbuilding of the residence when constructed, It is net
to be used and 1s not used as temporary residence, and the plant
for and location of the permanent outbuilding arc submitted to and
approved by the Committee. Also, the Coinit :ee nny grant permicsi:
for any temporary structure for storage of materials during con
;truction. No ouch temporary structure as may be approved shell be
:,..ed at nny time to a duelling.
:1. L4;vInonnEnCAt. CO;; ^noL co ::CrTTSr AND 3uILDINO FLANS
A. The plans for any dwelling or other building to be
ocstructed or externally altered on any tract, or for any other
trutture including fence., shell be approved in writing by the
snvironnant.l Control Committee prior to start of construction or
iteration.
1. The Committee initially shell consist of at jean.
three (3) members appointed by the Declarant; and, after
the Timber Ridge Farms Association (the property owners
ensociation) has been activated, the members shall he
eppnintvd bp that Association.
2. Two (2) nets of all construction plena (to inc :u
specifications for any at :•ucture plus interior and ester!
elevations, exterior materiels, color selection: for the
exterior, and ltndscapine plans) must be presented to tl.c
Committee for written approval. These plans shall also
includes. lot plat shoving the location of the structure
planned vitb!a the property, including precise infornatic
a1 to the set -bat) requirements. One set shall be return
to the tract owner after approval and one set shall be
re.tnined by the Committee.
B. The aquar.' !tutees requirements for residences ccn-
;trueted on the tract, nhaal be as follow', unless otherwise approv
d in writing by the Committee:
Tracts ho. 38 through 4E: The ground floor,
etcluoivc of open porches, patios and gorngee, obeli
be act leer than 1,23C nqunre feet in the case of a
one -story structure, nor less titan 1,000 snuare feet
In the -nae or n one and one -half or two story
otructu.,; and in the cruse of a structure more the
one story the total laving space shall he at lenat
1,500 elur.re feet. nanements, raragen, storage
notice and porches 01.11 not be included 'in the total
IlvJn5 npnce.
621
:e
to
,622
,.r, 494 a 622
.C. Buildintn may be of a contemporary period or modern
defame, must be of substantial construction, and may he of vood,
loge, stone, masonry pr composition, but must be finished or
painted in such a oftener ea not to detract from, nor mar, the
natural beauty of the surroundings. All buildings shall contain
it substantial quantity of new materials and no used structures
shall he relocated or planed on any tract; provided, hovever, that
In the construction of vintage -type log houses, the use of ured
logs may be incorporated into the construction plans, subject to
the tnprovet of the Committee. No dwellings shall be used for nny
other than uingle= featly residences, except on tracts otherwise
designated by the Declarant, its successors or assigns. no •incle-
fnnlly residence shall exceed thirty -five feet in height es
measured from the lowest floor level (not the basement), un`_ees
nthervtse approved by the Committee.
i
D. Any structure erected or placed on any tract shell
be net back at least •seventy -five (75) feet from the front read
Tenem Tenement line, at 1e,ist seventy-five (15) feet from the rear tract
ent
and at tenet sixty (60) feet from each aide tract line,;
,unless the Committee allows variances and adjustments in order to
Overcome practical difficulties and prevent unneeesnary hardships.
e. The exterior of all bundles', and l.andseaning, runt
be completed within nine (9) menthe after start of cunetruetion or
slteretion: provided, however, that the Committee may approve en
extension of time in appropriate caves.
III. MODEL OR E7.!IBIT mowing
A. No model or exhibit house shall be erected on any
platted tract, nor shall the owner of any tract or his •rent
permit the use of his residence or house as ouch, vithout the
p rior written approval of the Declarant, ite.euccessors or assigns.
IV. SUBDIVISIOII Or TRACTS
A. No tract may be subdivided or easements granted
without the vrStten approval of the Declarant, its successor@ or
neolgnay provided, hovever, that the Declarant reserves the right
to rn- subdivide any of its unsold lands In the subdivision. If
t he or more adjoining tracts ere acquired by the acne owner, no
art or parts of said tracts shall be conveyed by acid o•rner unless
reach tract being conveyed and each tract being retained is in
en y lfnnce with all of these restrictions and eoyenents.
V. STREETS, ROADVAIS AIID FASE!!CSTR
A. The streets and roadways shown on the attached plats
In re not publicly owned within the meaning of Section 15.1 -b75 of
he rode or Virclnia, 1950 es emended, nor are they publicly main
n :nod. runner, the recreational eenements shown ere not
!edtcnted an street, or roedwayn, and the erentlen of said easement
Loes cot oblfrnte the Si to lm
eonetruct, Snrove, maintain or
I epnlr veld ::events for tiny purpose whatsoever. they are not for
1 v., of the public, but only for the use, enjoyment, and Leper!:
I
!r all the treet owner, for recrenttonel purposes, such ns htk!ne
nr.d horsebnet riding; provided, hovever, that the Grantor reserves
'pc right to extend roadvnve on such eneenente should in Its sole
ma,■■w.wwI,g/ana ,lass
Q
5
II 3a.' 494 ;l 613
I ud the nerd urine. Further, the Ornntor, Its suce•:sr.orn rr
ri •.tn'. r nn, rr ner ve r. the richt for itself and the Timber 11 re farce
nanccletlun to enter into eCreenenta vlGh other recreational cut
1
dlvinlonu and clubs for the mutual exchance of rlrhto sod privi]:,
1.c ire enner.entc end recreational fecilitles and amenities.
0. grantor recervee unto ttcelf, its cuccessors or
nenient,
it perpetual, alienable, releasable and eseignable easenen'
over, across, upon and under each tract for the erection, npinten-
ence, lent/illation and une of public utilities and drainaie I'or
_arrnce enter. where necessary to nalntain proper drainage for the
rotectin,, and appearance of property and the eafety end health of
the property owners, rencrvine to Grantor, its successors or acolgr.s,
the pole right to convoy the rights hereby reserved.
C. Coe the benefit and enjoyner.t of all tract owners
and the Timber Ri,r,e Farms Aneaciation, Grantor reserves unto Stec'
its ,uecessors or aspic/in, an eaeenent for horsebsct: riding., hi::inr,
'seeing, bicycling, etc., on and over the old logging roads and htli-
Inc. and riding paths and trails as cleared and established on each
tract; provided, however, that upon the erection of A residence uprr.
a tract. such tenement shall terminate for that tract unless exten--
ed, fcr all or part of the roads and paths, by written frre :acct be
tween the tract owner and the Association. lio notor vehicle of an
kind vhntnoever shall be permitted upon these easements except thane
or the tract owner, and those of the Declarant and its scents durirc
the development and marketing stages of the project; provided, how
ever, that any vehicular traffic required by the provisions of Sub
psraCrsph "n" above relating to public utilities and drainage abet
take prceedence over this Subparagraph.
VI. TIIE TIMBER RIDGE FARMS ASSOCIATIOI (THE PROPERTY
OWNERS ASSOCIATION)
A. remberehip in the Timber Ridge Farms Association is
mandatory for all persons or entities owning property in the
subdivision, and for all persons holding valid real estate porches
contract: for the acquisition of a tract in the subdivision, and
no each person or entity •hall acquire title until they have been
approved for membership In the Timber Ridge Farms Association by
the Grantor, it■ suceeesor■ or &coigns, or by the Ansociation; 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 Tinber Ridge Farms
Association. All surh members are obligated to pay the dues and
asses's:lents levied upon each tract owner by the Association to
defray the cost of mntntenanee of roads and recreational facilitie
and amenities used and maintained by the Association.
D. The Association shall be responsible for the nainten
nnce, repair and upkeep of the roadways, streets, parks, recreatlo
nl casements, etc., within the Subdivision and the appurtenant
drain egg/ ensemento reserve by Dec la ent. The Ana bet •tion shall
nloe he the neonn for the promulgation and enforcement of els
regulations neceeeery to the Governing of the use and enioynent of
such rondv_ streets, recreational easements and such other
properties within the Subdivision as it may from time to tine own.
C. The Aoanciation shall have el.' the power's that are
net out in its Articles of Incorporetlon, as approved by the State
orporatic, Connlanion of Virginia, and all other powers that brio r
I to it ty operation of lsu, Including but not limited to the power
to levy against every member of the Association a uniform annual
char••, rsr cinrte- family residential tract within the tubdiv3r.ion.
the amount of cnid charge to be determined by the Board of ^I rectc•r
or the ;.nto:lnttc', rafter consideration of current mainttnnnrc need
:,nA ru•urr need, mad requirements of. the Association, for the
rurohses set forth In Its Articles of Incorporation; provided. h.. I
:vet', that no each charge shall ever d
er be rustle tiniest. or be payable/
l ay, t:'c rnoclntton itself, the Developer, or any corporation cr
::crtnrntir [hat nny be crested to acquire title to, and operate,
k p nenlllca or other pre T "rtler. on Lehalf of the Aaerete.lnn.
illEfilarViltimiato
6 211
!ft 494 ;u! 624
D. 9honid any tract owner bctont 411ingacnt !n th e y
ucnt of dues or asses:l.ento to the :.escalation tt:at are
the •+r.t ntenerec or roads and "ecrentional facilities and c..!.. r
such ovner shall tee darted the use o f t d recreational fo 'r
nnd anon /tie, until such tine as the delinquency hnc teen eerret :s•
prove& 9, however, thnt said tract ovner :hall at nil t1 ^:s have
the right to access over the private roads In the .r. uhdlv!s!en to
and from his property by the nearest route. ^uch delinquent dues
shall bear interest from the date of delinquency at the rate of
:even (7) percent per annum and shall, upon the date of delinquent::
constitute a lien an each tract to which the delinquency pertalr.t.
the Bald lien to cover the. prineipel ',mount or the delinquent ehtrr•i
interest and re anonahle attorney'' fees ineurred in the enllect:en
thereof. Every such lien may be enforced by equitable foreclosure
suit filed in the.Circult Court of Frederick County, Vtrrinln. dry
time within three (3) yeere after the date of the delinquency. The
remedy of fornelonure is non exclusive and the Association reserver
n11 other remedies provided by lair for the collection of the
delinquencies. The Aseoeletlon has the right to publish the names
of dclingacnt members in nueh a manner as it may deep appropriate.
The written dnted statement of the Association that no delinquer.er
rstets hereunder as of said date shall be conclusive evidence
thereof.
l'II. SAL OF''". ^.ACT DYOH!IF.!1
A. tlhenever the owner of any tract in the Subdivision
independently decides to sell said tract, or should the ovner reeet
n bona -fide offer from a prospective purchaser which 1. acceptable,
sold ovner shall (11 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
roc: on the left of said tract, and (3) finally to the Declarant,
its eueeensorn or assigns. Said offerings shall be node successive•
ly, and each of said offereee ■hall have ten (10) days fron the
date or the mailing of the offer in vhlch to accept or refuse said
ffer. Said offers '.o sell, ne outlined above. shall contain the
.rice and terms contained in the bona -fide offer which are acceot-
able to the ovnor of the tract. The offers to sell shall be in
writing and rent to the last known addressed of said owners no she,'
II pi�n the tee records of Frederick County, and finally to the Declarer.
Its successors or assigns. If all said offerees refuse to purchase
inid tract at the price and on the terms proposed by amid ovner,
h •uch ovner shall be free to sell paid tract to the party oho chtll
',eve mnde said bona -fide offer, or (if said ovner shell have inde-
endently decided to put said tract on the market) to any third
arty, In etther cads at a priee and on terns not substnntially
ore favorable to the purchaser than those offered. as nforesell,
I .o said owner's.nelfhbors and to the Declarant, Its sueeeseors cr
Insigne. The "tract on the right" for purposes of this parnrrrrh.
hn11 be the next trnet on the right as one faces his own trnet;
•,rovlded, hovevrr, thnt the Declnrant end its suet^ r reinter?
:hn1: be ex -not from ell or the nrovielons of this nnrnfrerh nn tr
.tttnl eonveynnece, re- .equlpi•.Suns end re- eonvevanees rf any en-t
ell trnets. further, If the owner or cvnrrn of any trnct belnr
sold or conveyed shall Inenrnnrete in the deed of ecnvrvnnce, or
,ttnch to the deed of ernveynnee to be recorded there,•1'.h, nn
,'r'•Invtt under ',nth trnt the rrovielona of this nneerrn r!• hryn
torn cr-plted .•Ith by rnid owner er owners rnr!nr the crrveynncs,
fo nd thnt neer cr the nnr.les hnvinr n rlrht of flrat recur+: h••ve
•rr•r their rt:ht tr eurchnne the nronertr, such n eel^ .v •.1
)'.r...r_ ^nnelonivy nrrnumn that this nnrerrenh h.r.s e rn
.1!e •.nd env our:hnrr•r rr rerrhnrern, r- tl..e!r rucrrr e
I'1t''' rry rely anon rrld Ref%l -.vet. re? rhn11 1 r 1v erntrrtel
I:
1.
EiRriliZIOLLOMMOlernessoressee.
494 ;ra 625
In r- 1'•fnr upnn.naid n.r't'rvit, as to cornllnnet with thin norm-
noel.; and the title to any tract ?o conveyed shall be valid inn
perpetuity and immune Iron the objection or attack by any per
vhntr.nevcr nc to ecnplinnce with thin pnrerraph.
l:II. ..-7IC:7I7. .7:D '..T F.ACTn
Ito commercial or .ualsesa enterprises stall he
allovod cn nr y ,lotted residential tract, other t`'.en a cts he crmrtn
or Profenoteno operated or conducted solely by family
occupying the residence, eni no heavy cquinrent or vehicles uned
In industry or for commercial set.vi ti es nhsll be regularly parked
ar stored un any tenet.
P. no
vehicle shall be regularly parked en nmy ntrcet nr
eon d-: ny in the '.uhdt vial ea. -nth tenet ouncr shall conntruet and
P
then tern nul oub l.i and adequate parking epee on his pronerty for
P snC o
large perking of es vehicles and those of ells truck
r unoccupied camping
r st i
o than three-quarters end (o`) units perked in the drive^
eye ore, r: -motor honors, end mobile camping kept
:eye or pnr� :i"g areas adjacent to thh residence, e recSdence, be -p
rens.inebiy out of eight r.r the occupants of residences v`.Sch have
ten coautructed an ndjecent tracts end the users
h e t re e t s
Ind roedveyn, except those vehicles used during
If construction. :lo stripped dn''n, partially wrecked, inoneruLle
,r Junk motor vehicles or parts thereof /shell be-permittad• tev he
,nrl :cd or placed for more than seven (7) days conseeutivdly oniony
,tr.et or roadway or on any tract.
C. Garbage neat be kept in covered metal or plastic
containers, end trnsh shall be kept in rigid Metal or plastic con
/Liners, and no pieced or Screened to em all tre of
tract t roadway, ence P t during riod, of collection and the rule?
tdtapoce I
d of 1n accordance with County ordinances and
nd regulations or the timber Ridge Faros Association. All outdoor
lathes poles, clothes lines and cinder equipment, and every tank
.or the storage of fuel installed outsides any building u d s
if,not
+urted below the surface of the ground).
:or-stood by shrubbery or otherwise so ma not to be vieible from
my street or roadway or by the occupants of residences en aqi .scent
traits.
D. All treats, vhether occupied or not, nod ony
mprovenunta thereon. ohn11 et e11 tines Le ra!ntainel in snrh n
I ginner es to prevent their becoming unsightly by moon of
m ettreetive crowth of veretetion on such tracts or the eccumula-
lon of ruhb!.sn or debris thereon. should any :rest eves: rail to
•stntain the tnproveltcnte or premises situated on the tract in e
ginner consistent with these restrictions, the nbi ferns
.s noaletlon :hell have the ecthority.
4 cote, ro to r t y enter anon tie premises end re of r, Mal nt aSn and restore
a p an irono to th e of th st
:nd other improve ents thereon. Any such repair and -aintenr.nee
i pn,. is shnll be added to 3n3 herore part or the annual charge to
'ftl.tch ',eh tract 1s suh.leet.
II 7.. All dve111 -r house? end approved outbuildlnrc, when
lI '^r,uired, obeli be connected to their own aprroved water supply
p
nd cetic syoter,s. :'Sere ohu;i be no outhouses der such purpose:.
1 i
6751
ffna
Ve'l 494 :l(t G26
r "0 listen tree renourtnr nix Inches or more to
unites enrrors! of t..'
diameter m he i ts nr committee. un less •.•S shout t
r r rn S.t! located within t••n my )'C)
feel r entnl rrotrn_ e 1 the rein d,re111ne or neeesnery or
l ist r. eve, r•, '.1,a tree r'y he removed without permission:it
r e !r f r.. "threat, safety or velfere of any :rerecr.
ir c,d or 1 f n .!stem. to the henbt!,,
C. Se wino, sheep, rents, enttle or other domestic or
I+114 nnlnnls extent fowl, hareem, ponies, end not more then two
ndn of enttic, ::ha.11 he 1:eot or maintained email !this
If rcpt rt:tton nhn11 not apply in ann. e ,1 et her d other email domes tic
Ianlmele that nre household oats nnd of n q•
Innture; but it does npply to nil doge and est.e thet'nre permitted
n f e
re, to t:needlnr of each nn n b'uotnesn or for p
,nd ru to the Y.eel•inr. c o r such on n corunerc &el bnete. rov1: h teen,
in reneeo.
I•lonies, and cattle.. Y.ept on any tract musthbeacontainedn eel !really e
borna, buildings, coops, peen, et5.,
nnnroved by.the Environmental Control ronmlttee for that nurnooe,
'.ncludine exterior color and location on tract. 'elates and other
I to c or th the neer vici oe the streets^ permitt
roadwaysed edlneent s. H.' All feneen and outbuildings such as rarores.n barns,
sorrels, ridinr ler.fs• p vldth ,oheightt and otherttonstruetion
xter:.or color, length, ,proved ih
sneclfle ail use, ant: location on the tact,swt color,
by the e&raflnr:entel Control Committee, of.oho in Subdivision; to soon: s and
rnncrve the It appearance cc and nstual qu ality
o fence shell be erected on or ncroso'any ronlwny or recreational
•nserent on any platted tract.
1. eo nator•vehicles of Nay kind. licensees r —mobi
eglstered or unregistered, including motor bikes,
nd all terrain vehicles, ehall be permitted in any area narked
for nedestrian, eaqueetrian or other use
use O ft recreational beeonal
r on the recreationnl easements,
neciftcally designated and authorized for such use by the Timber
all not be
Iridre Perna Assoelntion• furthermor es not the
Used for recreational- Purposes on nn.
pecirie, written permission of the Assoc• tittrteent Since
nd rails for
,ikinr and hornebnch ridlnr nre generally d bikes undE the
o the spin graded street! and roadvnyn.
..1..d mtreet.s and rondvays suet be licensed by the end shall
e lire!) o:1y for transportation between the owner's tract th±
.can entrnncen.
any nature whatsoever shell be permitt
1 J. Ile aids of ln, the owner or agent, execP
`o n any platted residential tract by
Iune c1;n not exceeding elfht (!S) inches to halert and forty ('bI
I',r,es in lierth, mad ens stem ndverttoinC the tract for a tot
n r .cer:•1 r (t) .'se
by t`.,ra 1') foes !n sere, excedt
II r.. P cr r lsalnn of t t', a• Beeelernr.t, Sts sees ensoro er Nsn r.
n r! Les, cl:ntruns, han9r.�oom er other 'tremens of
�t.nv synt n` ^1i 'rr oeirttted to
e used. nnrncere in the 1'uhitri oten
ii" ...t to --'+o repms erved -Indio: 'pacifically '!e a'rn stet for s'+e'
^!elnrnnt, Sts nuetoemorn or nesters.
tf 494 ql, G27
b. upon fires r.hn11 be permitted on any part of nn::
ulnttct tract, except outenceptire with leces wrlttene nnernvol -of'
equipped with fire ocrto no,
the Declarant. ltn auccesuore or nsnlgnc. All fire platen to the
dwellings mutt be equipped with fire ocreens, and at lenet one•
nnulehold eherlcal -type fire or for stored for a the
nvnilntle In each dwelling C purposes and
fire protection of the entire Cubd(vltion.
:'o oil or natural cam drilling, refininc, quarrying
or nining cperationo of any hind shall be permitted upon, or vithit
the boundaries of any platted tract, and no derrick or other
be erected, maintained or permitted on nny platted t tract within
shell
within
the Subdivision..
N. No noxious or offensive activities shall be tarried
on on ay be done no nny tract that thnt a hell be or become o anything to be end unreennnable
annoyance or nuisance to the neighborhood.
I::. I ncsTDICTI0: AND cov' ^A[ITn ❑UDI FICATI011, ENSCRC&IC:IT
A. The Rentrtcttonn and Covenants herein contained
shell ran with and bind the land and each is enforceable by the
Declarant, its sueeessora or aasigno in title, including the ot,ner
of any platted trnct in the Subdivision and the Ttnber Ridge Ferro
Association. In the event of a violation or breech or any of then
restrictions by any property ovner or er.ent, the owners o sh tra
in the Subdivision, or any of then Jointly or severally,
have the right to proceed at law or in equity to compel a com-
pliance vi th the terns hereof or to prevent the violation or hreac
of such terms in any event. In addition, Declarant and /or the
Timber Rider Farms Association shall have
thew ri hhonever tier
obeli have been built on any tract an.
violation of these restrictions, to enter upon the property where
r.uch violation attain, and summarily abate or remove the sane at
the expense of the owner, if after ten (10) days vritten notice
of uch Any euch entry and not have
nr been
shall not be deened a nte.
trespass.
D. She failure to enforce any right, restriction,
II renervetion or condition contained in this Declaration of
Protective Restrictions and Covenants however lone continued,
shell ant be nettled a 'delver of the richtc to do en hereafter, es
to thn same breach or as to a breach oeeurine prier or subsequent
thereto, and ohnll not bar nr affect its enforcement. Turthere
nethtng herein is to be construed •o se to prevent the Declarant
from placing further restrictions er casenenta on any tract in the
(Subdivision on vh!ch a valid Bales contract hoe not been executed.
C. The grantee of :.ny tract subject to the coverage by
thla Declaration, by acceptance of a deed conveying title thereto,
ur the execution of a eontrnct for the purchase !thereof, whether
r.a Declarant or s nubcequent ovner of ouch tract, elrell, for
hir.,elf roof his ececeacora or stolen!. accept ouch decd or contras
u•.rn Ind cibject to ench end ell pr there Sestrietiena and the
Igreementr. herein contained.
Err
REIMIERMIIMINSIfforstraffint
9n c. 494 i1[t 628
The Trivirrarental "'n'ro. .cc r. n;;
n" t yarn +n cos and vllusteents of :.hone ?edt mist!
in
nvcrror, prneticel difficulties and to prevent unr.ecea :Pry ;e
I c',1ps In the application of the provisions contained "e- •1
Pe rovided, hoverer, that such. is Lone in conformity with .4'
nureo^e hereof and provided niao that, in every 1nr.t' r,e,
.r-
cr n•; tr--c• c'•1 net he
materially deer:rental
I lr,; v:'inus
to other property er inrrnvice'nt^ e eel r on`.s
er the ..u..,1v,. Sen.
reclercnt, its sueeesnor_ er.ensiena, -r+'es t`e
richt clone to valve any one.or all of these restrictions,
restrictive eove tarts
cpnditi er.a reservations cad RS .n t..t
or sale of any trnei or tracts, and it further reserves the r!'..
alone to impose additional restrictions, conditions, reservatiens
inr.d restrictive ehvenanta as te the use or sale of tr +et' uhich
it
o vne r.e of the dnte'of such imposition. Such imposition sha^_lr...
...feet the ..tnd!nr effeetn of these provlrscns :ern any ether
theetn
f The ?..entrletions and Covenants herein. eontaine±
I.^.Ln12 not !npnee any restraint on any Portion or _and rev eyed
6.r hereafter nclulred by the Declarant, its au:leane.r: or l acyien
r.
!title, vhether su1 e r.
h lend be !oS!nf., ndlerer.: or other
l 'relmted in any canner to Declarant, its euececsarc or nnet r••;
to the property herein dedicated and platted.
e This Declaration of Proteetive .restrictions and
Covenants nay be amended or modified after rune 3 19e1, by the
'formal approval or et least two- thirds of the treat evneri in t`..e
Subdivision, and then shell be effertive only when properly receri-
ed •sith the Clerk. of the Circuit Court o.' rredertck County In
lJ tnchester, V!rcinin, and the Clerk of the Court of !!ar.pnhlre
County in Romney, 'Jest Virginia; provided, however. that ithe
Declarant, its suceeneors or assirfll. ft, reentrant and proprietor,
reserve the richt to odd to, subtract trop: and ehanfe these
rettrictione at any time in other subdivision of its remnlr.frr
ian.dn Or after- ecn'llred lands.
The invalidation by any court Of any restrictions
contained in thin Deelnratlon of Protective Restrictions end
Covenants shall in no'vny affect any of the other reatr!etHes,
tut they shell rennin in full force and effect.
X. CAPTIO!19
A. The captions p reedit! the various neradrnphe and
cubnarapraphe of this Declaration are for convenience of reference
only, and none of them shall be used as an old to the construction
l of any provision of the Declarction. .Vherever and vhe'never
sopllenile, the !input's,' form cf any word shell te tnk.en to peen
I ce 'r to t'e plural, and the nnseuline form shell be tnt'.en
Irene ".r ea the fer.le:re rr to the neuter.
'.i :.1!::;! the !o11ovinr virnntures and seals.
T1.'<9C!? P.ICCS FARMS OF VIPCI ?1L.
renldert
dialcasuannsemsnossaammie
lUOC 494 nci C29
ttr
1, !'ify� a ast try Public it and _r
tate wfc reset d, do he echo ec roe
h. Harold ::ose and J_c4J4_ rt'N a.ar., whose names n ^e rifle'_
to the Forefoing •eed of Dedication bearing date of tike
day of ad; 12g., es President and Secretary of
:Inner Pi dye Tema of Virginia, Inc., reepeetivsly, n with t
teal of,anld eorporntion duly affixed hereto, have thin my
persu ]ly nekaowledgr.5 ohs Dome. /0 AI JJ, i5'f.r
J r /+.,wi.. //ntehex. /JUG rS �l/
(SEAL)
51(,„;
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