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HomeMy WebLinkAboutFredericktowne II (The Pines) 84 Lots Opequon Magisterial District - Backfile-77 19, 195 DJA/nec 7/10/73 Aq THIS DEED OF DEDICATION AND DECLARATION OF PLAT for Fredericktowne Company, Section II, made and dated this /g&-day of July, 1973. WHEREAS, Fredericktowne Company desires to dedicate, plat and subdivide that certain parcel of land containing 46.319 acres, more or less, conveyed to that corporation by deed dated the 8th day of March, 1972 from Robert K. Woltz and Rita R. Woltz, his wife, recorded in Deed Book 387 at Page 485 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. NOW, THEREFORE, THIS DECLARATION OF PLAT WITNESSETH: The platting and/or dedication of the following described land is with the free consent and in accordance with the desire of the undersigned owner, Fredericktowne Company, a Virginia Corporation, as evidenced by the signature of it's President and attestation of it's Secretary. Beginning at a point in the center line of State Route 641, said Route being a 30 foot easement; Thence, with 3 lines in said State Route, S 260 13' 19" W 818.95 feet to the point of curvature of a curve to the left having a central angle of 540 32' 49" and a radius of 152.26 feet; Thence, S 280 19' 30" E 569.51 feet to a point; Thence, leaving said State Route, N 330 30' 10" E 28.79 feet to a corner to Medley in the Northern right-of-way of said State Route; Thence, with 3 lines of Medley, N 280 19' 30" W 173.00 feet to a point; Thence, N 550 04' 57" E, passing an iron at 2.17 feet to an iron; Thence, S 260 18' 21" E 60.33 feet to a set stone; Thence, leaving Medley and with 3 of the original lines of the Woltz property, S 270 32' 18" E 819.28 feet to a point; Thence, N 320 21' 03" E 889.83 feet to a fence_post; Thence, S 390 28' 01" E 676.16 feet to an iron, said iron being a corner to J. L. Bowman; Thence, N 480 23' 33" E, with a new division line, 432.20 feet to an iron on the property line of Fredericktowne; Thence, with the line of Fredericktowne, N 400 18' 24" W 2096.82 feet to a point in the said Fredericktowne line and a corner to Lot No. 7, Section "A", Valley Farms; Thence, with said Lot No. 7, S 490 52' 26" W, passing an iron at 419.26 feet, said iron being at the Southern most corner of Lot No. 7, 453.52 feet to the beginning. This real estate is the same real estate as described by the metes and bounds hereinabove and as shown on the attached Plat dated the 20th day of October, 1972, revised the 5th day of April, 1973 and prepared by J. R. Nicely, Certified Land Surveyor. The lots in this subdivision are specifically subject to the following covenants, conditions, reservations and restrictions which shall apply to each and every lot shown on the attached Plat except where reserved as herein provided. 1.. Residential Use: Each lot shown on the attached Plat of Fredericktowne Company, Section 11, shall be used for residential purposes onlyC No business or occupation of any kind other than a home occupation shall be carried on or permitted upon subject lotsr Not more than one single family dwelling house shall be erected on said lot. A home occupa- tion is defined to be an occupation carried on by the occupant of a dwelling l� as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. 2. Character of Building: No building shall be erected upon said lot shown on the attached Plat which shall contain less than One Thousand Two Hundred (1, 200) square feet floor area for a single story building, nor Seven Hundred Fifty (750) square feet floor area for a multiple story dwelling and such structures facing a street must be at least Twenty -Five (25) feet wide. Such areas shall be exclusive of porches, patios, carports, basements and attics. Any garage, carport, car shelters, pet shelters or dog houses constructed on said lots shall be attached to and be a part of the main struc- ture. Any building commenced upon each lot shall be completed within eighteen (18) months from the date of commencement. No trailer nor mobile home shall be placed upon any lot; no storage or temporary structure shall be placed upon or erected upon any lot shown on the attached Plat. Frederick- towne Company reserves the right to determine what structure is to be re- garded as a two-story dwelling so long as any lot in the subdivision is unsold. Thereafter, this covenant will be enforceable by any lot owner. 3. Set Back Lines: No structure including covered porches or covered patios shall be less than Thirty -Five (35) feet from any street shown on the attached Plat. The minimum side yard for each main structure shall be Ten (10) feet with the width of both side yards a minimum of Twenty -Five (25) feet. Each main structure shall have a rear yard with a depth of Thirty - Five (35) feet or more. No driveways shall be less that Eight (8) feet from any side lot line. 4. Easements : All easements of a public nature are shown on the i attached Plat, but there shall be service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed, or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. - 2- fry � � ks 7 5. Further Subdivision: No lot on the attached Plat shall at any time be subdivided, conveyed, leased nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the Plat which is recorded with this Deed of Dedication of this subdivision. 6. Fences: No fence, hedge or other visual barriers shall be erected in the front yard of any lot shown on the attached Plat; fencing of back yards may include side yards to a limit of one-half the depth of each dwelling. All fences, hedges or similar barriers must be kept in good repair. Where chain link fences are used to enclose a portion or all of the side or back yard area, such fence must be of the green vinyl type and must be set not closer than Eight (8) inches to the property line. 7. Surface Water: No owner of any lot shown on the attached Plat shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on said Plat. 8. Sanitation: Each dwelling shall be attached to the sewer and water system as shown on the attached Plat. 9. Signs: No billboards or signs of any kind shall be erected, maintained or displayed for any commercial purpose, except for temporary signs advertising the sale or rent of real estate on which such sign is located with no sign to exceed Six (6) square feet in area. 10. Vehicles: No boats, mobile homes, motor homes, campers, trailers of any kind or commercial vehicles shall be kept on any numbered lot shown on the attached Plat except during the course of construction or addition to buildings unless they are housed in a carport or garage. No vehicle may be parked for a period greater than ninety (90) days on any numbered lot or on any platted street as shown on the attached Plat unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. 11. Unimproved Lots: All unimproved lots shown on the attached Plat shall be kept free of undergrowth, brush, trash and debris. In the event any lot shall not be so kept free, the Grantor may remove the same after Ten (10) days notice to the lot owner by certified or registered mail and may assess the cost thereof to the owner and the failure to pay the same within ninety (90) days shall constitute a lien upon the lot sold hereunder. 12. Enforcement: The provisions herein contained shall run with and bind the land and each is enforceable by Fredericktowne Company, its assigns and successors in title and by any owner of any numbered lot. And the failure of any of them to enforce any covenants, conditions, reservations or restrictions contained herein shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto.', Furthermore, the declaration of invalidity of any one or more of the pro- visions herein contained shall not affect the validity of the others, All of the covenants and restrictions herein shall be binding and remain in full force and effect until July 1, 1988, and shall be renewed thereafter automatically _8_ � x l for additional successive ten (10) year periods, unless the owners of a major- ity of the subdivided lots in this subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement super- seding, altering or abrogating the covenants and restrictions herein con- tained, and record such agreement among the land records in the aforesaid Clerk's Office and giving public notice by publishing such proposed agree- ment superseding, altering or abrogating the covenants and restrictions herein or any one or more of them, at least six (6) months prior to the expiration of any such period in some newspaper having general circulation within Frederick County. 13. Animals: No livestock and fowls, such as cattle, horses, hogs, goats, sheep, turkeys, ducks and chickens, shall be kept or maintained on any lot. 14. All land areas other than streets have title reserved in Fred- ericktowne Company and are not, because of any designation as part area or otherwise, dedicated thereby to public use. 15. Fredericktowne Company reserve the right alone to waive any one or all of the restrictive covenants, conditions, reservations and restric- tions as to the sale or transfer of any future lot or lots except that it cannot reduce lot size nor change the development from residential to commercial except as shown on the Plat at the date of record. This waiver shall not affect the binding effect of the covenant's conditions upon any other lots. Fredericktowne Company does further reserve the right alone to impose additional restrictive covenants, conditions, reservations and restrictions as to the sale and transfer of any further lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 16,. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Fredericktowne Company, it's assigns or successors in title, or adjoin- ing, adjacent to or otherwise related in any way to Fredericktowne Company, Section 14 as shown on the attached Plat. WITNESS the following signatures and seals: FREBERICKTOWNE COMPANY n f: By (SEAL) Presid t ATTEST �i Secretary M z W STATE OF VIRGINIA i �Idw OF �%^ �� To -wit: 1, a Notary Public in and for the State and aforesaid, do hereby certify that Charles Ea Bass and Robert S. Barbour acknowledged that they are the duly authorized officers of Fredericktowne Company and have placed their signatures and official seal on the foregoing -Deed of Dedication and Declaration of Plat bearing date the /a 4& day of July, 1973 and have appeared before me in my State and aforesaid and acknowledged the same. Given under my hand this JP H day of July, 1973, My Commission expires 9') J _ /97,5-- Notary ublic g ti i C ktoan• 8 II (The Pines) 84 ]ot �\-\ n Magisterial DiNtrict I I�►/' J