HomeMy WebLinkAboutJordan Springs Acres 42 Lots (5+ Acres) Stonewall - BackfileI
4.0/ o�o�•v �ce�-s
MCA/Z� OEYEG DivE—/'�lEit/TSB /ic/C. GAit/4
�o
�✓i�ucy�srE-�
✓UC Y 6 /� 7S
�v LV
I _
'Ali2
T / o.-- 77
-3� -3B
7 � 4
30 0 00 " 30 0. oo - \
�/ ZB � Z � 330 � ' �
3SS. 6� ' 3�0 . o o - � � � 66 - �' I ,'
` � \
3 •`
0 0 0 � n � � � ►� �
o � �98 � � -�- o �z � � �: 3�3 0 !� � a � � � n �
�10� �� � o,o�� �� ���
� � h a
� �� o � � h �
C � � 3 � QO �/
_3�0. oo " I 3�0. oo " I _3�0. oo - I I I _300. oo " I 300. o o -
ie O �/ T �� —S" z 8 � z� " 30 " y✓ 6 6 O
30 " L✓ioE� ��ESc�i�T��E
E—�9 S c�ME-it/ T
S.�/E-�'T Z of � I
/3
zg o. o0
�90. OO' 6B0, OD ' 360. OD /9 p
o h �
h o 0�
000.
O 7'
n
Z9 0, oo Z� o. oo
�o
77
_S
o c7
0
0
o_ loa p
Q ►„� 8zo � _
ZOO.Oa I
/ 9
a
� o �2.
93
�o
D
moo '
0 �
z3 °�
c-o S
nV
,-O
6. siz
z�
S
s zee a
_� c4
�c4 -
4e 7
o"
_-7:5-O
13S 39
�o
9r
3 3
o_
�n
o
�
�n
h
fir. ' 660
�, 3s — E
D G�
U
D o 0 D D
p o � o
S-yEEr 9 0.� g
--5- C --ffp z --, - -i-- 0 '
31
N,
�l
zo
,00�
IA9'�
Eli
i
i
_38
r
�-
30 0 00 3v o. o0
3
_30 0. oo 300. o CJ
w
�
iz
Z5
16
Tj .r
C
N
i�
y
m a
O oC7
9 � � � p P h I� P
II Q� h _S ZV G�� �O /✓' � �I O � l
67 7'
<57
ri
F'777,74-77'71
..... ................ .... ............
I;
0
I
o
V
eC2 :::7 c--2
I T M-1 MAI T'. 7 n W w
�t I � o � o �� a o
C>
Q>
71' . . . . . . .
3- -- C--151
<;2;7<E;
EYLT 77,71? Mw,
� -7 ", , - , � M LX
HARR15ON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
ni 9
�!1
THIS DEED OF DEDICATION, made this C' = day of
? T-
v�L 1978, between Glaize Developments,
Inc., a Virginia Corporation, hereinafter called the Grantor.
WHEREAS, the Grantor is the owner of a certain tract of
land containing 229.22 acres, situate in Stonewall Magisterial
District, Frederick County, Virginia, along Jordan Springs Road,
CD
which was conveyed to the Grantor herein by deed from John C.
Rutherford and Hilda May Rutherford, his wife, dated April 8,
1969, and recorded in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia in Deed Book 352, at Page
103 ; and,
WHEREAS, it is the desire of the owners to subdivide said
land as hereinafter set forth.
NOW, THEREFORE, W.ITNESSETH:
1. The platting and dedication of Jordan Springs.Acres, as
shown on the plat prepared by J. R. Nicely, C.L.S., dated July
631978, attached hereto and incorporated herein in full by this
reference, is with the free consent and in accordance with the
desires of the Grantor herein.
2. Each lot contained in Jordan Springs Acres shall be
subject to the following covenants, restrictions and easements
which shall be considered covenants real and running with the
land and shall be binding upon the Grantor and all subsequent
owners of the lots:
a. No building of a temporary nature shall be erected
for placed on any lot except those customarily erected in con-
nection with building operations, and in such cases, for a
(period not to exceed four (4) months.
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
nor 494 --A1c 400
b. Each lot shall be used for residential. purposes
only, and any garage, barn or service building, must conform
CD
generally in appearance and material with any dwelling on said
lot; and only one (1) residence shall be constructed on each
lot.
C. No signs, billboards, or advertising of any nature
shall be erected, placed or maintained on any lot, nor upon any
building erected thereon, except directional and information
signs of the Grantor.
d. No building shall be erected closer than seventy-
five (75) feet to any .street or road, nor closer than thirty
(30) feet.to the side or rear of the lot line, with the exception
that where two or more lots are used together for the constructio
of one dwelling, then said thirty (30) foot set back shall apply
only to outside lines.
e. No trucks, buses, trailers or vehicles of any type
or description (except camper trailers) which do not have a
current license plate or current Virginia inspection sticker may
be left, stored or abandoned on any lot.
f. -Each lot shall be maintained in its natural state
or, if improved or developed, in a state not permitting unsightly
or otherwise offensive conditions, such as the collection of
garbage or refuse.
g. If the construction of a driveway into a lot pro-
hibits the natural drainage in front of a lot, then a pipe or
11 culvert of sufficient size shall be installed by the purchaser
of said lot at his expense.
h. No dwelling shall be erected or maintained on any
i
�I lot which costs, when completed, less than Thirty Five Thousand
Dollars- ($35,000.00), excluding cost of lot and, in addition
2 -
,I
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
thereto, the dwelling shall have a ground space of not less tha
1350 square feet for a one-story dwelling, exclusive of any
portion thereof used for a garage or an outside porch.
i. No cows, hogs, goats, fowl, dog kennels or the
like, shall be maintained upon any lot at any time. Two horses
for private use only, may be maintained provided they are prope
fenced.
j. No lot shall be subdivided unless the resulting
lots are larger than the lot subdivided.
k. Nothing herein is to be construed to prevent the
Grantor from placing further restrictions or easements on any
lot in said subdivison which shall not have already been convey
by them, except the Grantor herein reserves the right to amend
or alter these restrictions and covenants, at any time, in
regard to any lot in the subdivision in which they retain
ownership and further to place additional restrictions or easem(
on any lot in said subdivision in which they still retain
ownership.
1. The covenants and restriction contained herein
shall not impose any restraint on any portion of land now owned
or hereafter acquired by the Grantor or upon any other section
of this subdivision.
M. If the Grantor, their heirs or assigns, shall
violate any of the covenants herein, it shall be lawful for any
other person or .persons owning any real estate situated in said
subdivision to prosecute any proceedings at law or in equity
against the person or persons violating or attempting to violate
any such covenant, either to prevent him or them from so doing
or to recover damages or other amounts for such violation.
n. Invalidation of any one of these covenants by
-tom �, (�/` �.�✓ Q.
3 -
!judgment or Court order, shall in no wise affect any of the
I�
I
!.other provisions which shall remain in full force and effect.
i
I COVENANTS AND RESTRCTIONS APPLICABLE ONLY TO THOSE
LOTS ADJACENT TO THE PRIVATE RIGHTS OF WAYS
AS SHOWN ON THE PLAT OF SUBDIVISION
1. All lots except lots 1, 2, 3, 40, 41 and 42, shall be
impressed with a Fifty Dollars ($50.00) per lot, per year,
s roadway maintenance fee. Said roadway maintenance fee, in the
}, amount of Fifty Dollars ($50.00), shall be paid each year on
June 1, to the Grantor herein and said amounts shall be used
for the maintenance of the right of way as shown on the
solely. ��I I
!` I plat of J. R. Nicely, C. L. S., dated July 6, 1978; provided,
further, that a property owner's association shall be established
when nine (9) lots have been sold with membership in said
property owner's association being automatic upon ownership of
any said lot in Jordan Springs Acres, each owner of each lot
having one (1) vote., said association to be governed by the
majority. Upon the establishment of said association, the Fifty
Dollars ($50.00) roadway maintenance fee, shall be paid directly
to the property owner's association and said amounts shall be
used for roadway maintenance only. The property owner's associa
} b appropriate action, set said roadway maintenance fee at
I may, Y
any amount necessary to maintain the said roadway, except that
said fee shall never exceed Fifty Dollars ($50.00) per lot, per
Said annual payment shall be'a charge and lien upon the
year_
property herein conveyed, it being expressly understood that
said lien is inferior and subordinate to the lien of any deed of
trust hereafter recorded in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia encumbering the
HARftISON & JOHNSTON above described property, unless record notice to the contrary
ATTORNEYS AT LAW
i WINCHESTER,VIR6INIA is -given prior to the recordation of any such. deed of trust.
- 4 -
:z
,I
-4°4 d 0 3
If the owner of any lot is in default in the payment of any
assessment, as above described, in addition to any other means
of collection, the Grantor, or in the .event that the property
owner's association has been established, may bring an action at
law against the defaulting owner personally obligated to pay the
same and, in addition thereto, the owner of said lot, by acceptanc
of the deed, empowers the property owner's association, upon
default by the owner, to sell the lot involved at public auction
after advertisement once a week for four (4) successive weeks in
some convenient newspaper having general circulation in the
county where the lot is located and after thirty (30) days
written notice mailed to the last known address of said owner
and the owner, by acceptance of .the deed to the involved lot,
empowers the Grantor, or the property owner's association when
the same has been formed, to convey by General Warranty to the
purchaser of the lot after the sale at public auction. The cost
of .the sale shall be paid from the proceeds of sale before
payment of the amount involved.
In exchange for Grantor's agreement to maintain said roads
for a one -.year period.from the sale of the first lot in said
subdivision the Grantor shall be exempt from payment of said
a-rin Lraa 0 ass6,,ssments .
WITN�SS„,the following signatures and seals:
GLAIZE DEVELOPMENTS,
I
STAT �,%F,-..PTRGINIA,
INC.
HARRISON &JOHNSTON To-wlt:
ATT^_R.`i EYS AT LAW
WINCH ESTER, VIR6INIA a Notary Public In and
5 -
i
Q5 -- r:) - �- �A 5
Jordan Springs Acres 42 lots
Stonewall (5+ acres)
SUBD
Jul 7 1978