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HomeMy WebLinkAbout08-97 Autumn Wind Apartments Gainesboro - Backfiledw ck) eRFc,J —t FREDERICK COUNTY FIELD DATA SHEET FREDERICK CO 060713 MaD N017 A 16 THE LORD'S CHAPEL INC I Dwl . No. 2 Acct.No. 1258 1244 GREENWOOD RD R# 1141 Acreage Class 74 WINCHESTER VA226 02 UCCUPanCY DWELLING No.MrY 2.00 Age 018 1995 65a(DG ' 42.20 ACRES PRICE 155000- DT 6 28 199 aSS C DB- 822 423 WB- onin R5 INSTRUMENT- 0000 0000000 0. ni s 1 APPR GAINESBORO Date Insp 6 12 2012 BJF Exterior Interior Walls DRYWALL Tf7ome Lj NOZome Lj Found. CINDERBLOCKNo.Rms. 10 Floors CARPET VINYL Neighbornood 1 2 wall4'RAME Bd.Rms. 3 AC:feat FORCED AIR Basm'tFULL %Fin. 10016 FIN.RATE 20.00 Roof Typt;ABLE No.Baths 3 Fireplace Garage FRAME No. Cars 2 Car Port NON13o.Cars Roofing COMP SHG No.1/2 Bths 1 Gas FPs Flue 1 S- M- BLT.In Garage No.Cars FUEL: GAS __ ,: . OTDES- Description 1Ze cne Kate pr$ I O d I Value PRIVATE Water WELL 6as Y dse GRAVEL ewer SEPTICElect. Y err. ABOVE UTILITY VALUE - a r . WOODED VALUE o. Acres Pri ce a I ue IN UND DEV- MIN NOT UND DEV- Fronte Area nit a e d Ue +------24---+ 2 9 ----- 24-----+------22--+ IB I 2 +---22-----+ 9 I 1 +----24-+---+ C 3 +----+ 2 A +----14+ +----14+ D +------24---+ +-14---+ +-14---+ I ----- 24-----+ Depth Fac 1 Adj.l Depth Fac 2 Adj.2 Structura E'ement. Value Bldg 3504.0* 52.34 183399 Basm,tl752.0* 12.00 21024 Fin.Basm1t1752* 20.00 35040 Um 6000 Heat 7884 F lue 800 Bit. In Additions S W L B-POR 132.0* 15.00 1980 C-GAR 696.0* 30.0 20880 D-DECK 1248.0* 10.0 12480 e ot4 Uescription Area BASE '-2 N32.OE24.OBS06.OE22.OS05.00E16. 350 S07.OW10.OS14.OW14.ODS09.OW24.0 Subtotal 289487 N09.OW14.0 L B 29300(Factor 110 318436 ---------- PhY%( 9) 28659 29300aDepr. Fnc% % 1.09- Ecn% NBA Total Dwl. 289777 Other Imp. °sCOMPL Total Impr 289800 Land Total Value 289800 POR 1 S06.OE22.ON06.OW22.0 13 GAR 1 E24.ON29.OW24.OS29.0 69 DECK '2 S09.OW24.ON09.OW14.OS12.OE14.0 124 S09.OE24.ON09.OE14.ON12.OW14.0 GRANTOR: FREDERICK COUNTY FIELD DATA SHEET FREDERICK CO 060713 Map N017 A 16 THE LORD ' S CHAPEL INC I Dwl . No. 1 Acct.No. 1258 1244 GREENWOOD RD R# 1141 Acreage 42.20 Class 74 WINCHESTER VA2 2 6 02 UCCUIDanCY EXEMPT No.-Mry 1.00 Age 056 1957 &9a(0F 42.20 ACRES PRICE 155000- DT 6 28 199 aSS D DB- 822 423 WB- onin R5 INSTRUMENT- 0000 0000000 0. ni s APPK GAINESBORO U Date Insp 6 12 2 012 BJF Exterior Interior walls DRYWALL omeU Notome Found. CONCRETE No.Rms. 3 Floors CONCRETE Neighbor5ood 1 2 wallCNDRBLK Bd.Rms. 1 AC: Neat SPACE HEAT Basm1t NONE %Fin. % Roof Typ(EPLAT SHED No.Baths 1 Fireplace 1 S- I- Garage NONE No.Cars Car Port NONEo.Cars Roofing TARPAPER/Rail/2 Bths 0 Gas FPS Flue 1 S- M- BLT.In Garage No.Cars FUEL:WOOD COAL MEETING ROOM E I' R OTDES- Description Size n ate pry O d d ue PRIVATE water WELL aS N NWAY PAD AIR S2 OOO.OX 80. A ase GRAVEL ewer SEPTIC ec Y [ABIN-FRAME 17.OX 17. F 30.00 867 err. ON UTILITY VALUE - BIN -FRAME 16.OX 13. G 50.00 1040 dr. ROLLING SLOPING SHEDS F 1000 10 0 LANE?I USE & VALUE ONIC SHELTER 16.OX 32. F 1.00 51 o. Acres rice a ue 02 DWELLING A 89800 28980 OTHER A R42.2 9000 50 189900 PORCH -ATTACHED C G 1000 100 PORCH -ATTACHED C A 800 80 4-4 IN UND DEV- MIN NOT UND DEV- ront DepthArea L-itj Kate I Va I ue -------------- 70--------------+ 3 3 ------------- 53------ --+ 7 7 4 4 A +____ 17+ Depth Fac 1 Adj.l Depth Fac 2 Adj.2 Structure Element:.: value Bldg 3058.0* .00 Basm1t Fin.Basm't um . Heat . Flue n Additions S W L A-D02 3058.0*105.0 321090 D-FACT 5- DEP 41 153321- e tz_ Uescription Area D02 D1 N77.OE70.OS33.OW53.OS44.OW17.0 305 Subtotal 321090 L 189900 B 43200(Factor 305035 ---------- Phy`k 137266 62190mepr. Fnc% 7.72 Ecn% NB% Total Dwl. 167769 Other Imp. 312182 %COMPL Total Impr 480000 Land 189900 Total Value 669900 433 THREE OAKS DR Prior Ownership: GOODMAN, TORONTA P F & M BANK - WINCHESTER BRIARWOOD ENTERPRISES, INC. NORTHWESTERN DEVELOPMENT GRANTOR: 4/19/1994 107,000 91,000 70,000 280,000 DN822PGO423 THIS DEED, made and.dated this A day of June, 1994, by and between TORONTA P. GOODMAN, hereinafter called the Grantor, and THE LORDS CHAPEL, INC., a Virginia corporation, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valu- able consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as follows: Approximately forty (40) acres"of land (this being in gross and not by the acre) at Autumn Hills Estates, improved by a lodge, several outbuildings, and an airport; and being all the land at Autumn Hills Estates pre- viously held by Briarwood Enterprises, Inc., a Virginia Corporation, and not being prevfo�shr dedicated as numbered lots or tractE; and being the same property conveyed to Toronta P. Goodman, by deed dated April 6, 1994, from F & M Bank -- Winchester (formerly known as The Farmers & Mer- chants National Bank) a banking institution or- ganised under the laws of the Commonwealth of Vir- ginia, of record in the Clerk's Office, Circuit Court of Frederick County, Virginia, in Deed Book 817, at Page 1845. Reference is here made to the aforesaid instruments for a more particular des- cription of the property herein conveyed. This conveyance is made subject to all legally enforce- e restrictive covenants and easements of record affecting aforesaid realty. The Grantor does hereby covenant that she has the right convey to the Grantee; that the Grantee shall have quiet . 1 . .MLLV. nMoeao..ow ATvarAw"AT WM •SOOMNSWOUIT 9MUCH85TW WA M1A X Mt and peaceable UtR 8 PdG 04 � p possession of t e sa d pr ty, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: TORONTA P. OOODMAN STATE OF VIRGINIA county/4wr6y of Fr►wdlri ch , To -wit: I, Mest.nnn n,&4= , a Notary Public, in and for the State and jurisdiction .aforesaid,_ do -hereby certify that TORONTA P. GOODMAN, whose name is signed to the foregoing Deed, dated 2 LI day of June, 1994, has personally appeared before me and acknowledged the same in Jdk'State"and jurisdiction aforesaid. Given under my hand this --2,f-'% day of June, 1994. My commission expires _ H•9G-94. w '}1 %03 e !: ;%} :-n iA_ 1 Notary Pu is Y Ati } G • bi VIROMaII• MEDERM COUNTY. ACT,uea►e on trumont ofw7�rl;;f�lo�pwu ed p pq .aw„ �jy� • and with carW eta of ae cnoW"Ment anne'AodSec. 58 t a0Y of was1 record. Tax Ionposed by :9!V10 . p`, •'and 5a.1401 Mve Cain paid. It rsaas"bW VIRGINIA FREDERICKKTO4ff I, Re cca P. Hogan, Clerk Circuit Court of tt County of Frederick, Va., do hereby certify that tt foregoing is a true and correct copy of the - as recorded in my office /Aiv,0 Book No. YR .Page �3 - 2 given under my hand this '� day � �%� - a eWt •**aaw AT+.r �isdFi� utv Clerk a►aeutaaaarartraT aa�awrsn.vaarw :are 4/E/94 MLB/clh 0 34 aro ono m rn a�i v me ok U0 THIS DEED, made and dated this 5th day of April, 1994, by afld ud t-wccu ----- F , M BA"-. - wTNCRESTER (formerly known as The - Farmers and Merchants National Bank), a banking institution organized under the laws of the Commonwealth of Virginia, party of the first part, hereinafter called the Grantor; and TORONT.A P. GOODMAN, party of the second part, hereinafter called the Grantee. WiTNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and of ar good and valuable consideration, the receipt of which Ls hereby acknowledged, the Grantor does hereby grant and convey, with special warranty o' title, unto t:.e Grantee, in fee simple absolute, that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto (belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly ,described as follows: Approximately forty (40) acres of land (this being in gross and not by the acre) at Autumn ifills Estates, improved by a lodge, several outbuildings, and an airport; and being all the land at Autumn Hills Estates previously held by Briarwood Enterprises, Inc., a Virginia Corporation, and not being previously dedicated as numbered lots or tracts; and being the same property conveyed to F & M Bank - Winchester (formerly known as The Farmers and Merchants National Bank) by deed dated February 1, 1994, from Michael L. Bryan, Substitute Trustee, of record in the Clerk's office, Circuit Court of Frederick County, Virginia, in Deed Book 813, at Page 1487. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights lof way and restrictions of record affecting the subject pproperty. WITIIESS the following signature and seal: n MLB/d L; 2/1/94 J1003-A VA 0 Ln N •N z Q N N C7 CG N W� H cn owa ' O�W ozu) o"w 03x V ac z 00 oww � a d rx cn WWz 040 HMO vav R1i- D I JJ 1 .1 1, 8 10THIS DSBD, made and dated this ist day of February, 1994, by and between MICHAEL L. _P=, SUBSTITUTE TRUSTEE, party of the first part, hereinafter called the Grantor; and F & M BANK- WINCHE TER, (formerly known as The Farmers and Merchants National, -Baal. a banking corporation, party of the second part, hereinafter called the Grantee. WHEREAS, by Deed of Trust dated September 12, 1990, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 750, at Page $02, Briarwood Enterprises, Inc., did convey the following described property unto Ta;, s H. Rockwood and Charles S. McCandlish, Trustees, the hereinafter described property in trust to secure the payment of a certain Promissory Note in the original principal sum of $85,000.00, dated September 12, 1990, made by Briarwood Enterprises, Inc., and payable to Farmers and Merchants National Bank; and, WHEREAS, by Substitution of Trustee instrument dated December 22, 1993, of record in the aforesaid Clerk's office in Deed Book 812, at Page 470, Michael L. Bryan was appointed Trustee by the secured party under said Deed of Trust in the place and stead of said Charles S. McCandlish; and, WHEREAS, default was made in the repayment of said indebtedness, and notice of default, acceleration and sale duly given to said Briarwood Enterprises, Inc., in compliance with the terms of the said Deed of Trusts and, WHEREAS, the Deed of Trust provided for sale by the Trustees in the event of default in the payment of the debt secured, or any part thereof at maturity, and there was default in the payment of the installments of the debt as and when due, and at the request of the beneficiary of the trust, who is the holder of the indebtedness, the Substutute Trustee did thereupon declare all of the debts and obligations secured by the Deed of Trust at once due and payable, and proceeded to advertise the property for sale at public auction by newspaper advertisements I+ in The Winchester Star and The Northern Virginia Daily, 11 newspapers having general circulation in Frederick County, BK813,.:I 1: UO Virginia, in accordance with the terms of said Deed of Trust, with the public sale thereof held on February 1, 1994, at 11:00 A.M., on the front steps of the Winchester -Frederick County Judicial Center, 5 North Kent Street, Winchester, Virginia, 22601, at which sale, the Grantee became the purchaser of the property for the sum of $91,000.00, being the highest bid submitted therefor. NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with special warranty of title, unto the Grantee. in fee simple, the following described property, to -wit: "Approximately forty (40) acres of land (this being in gross and not by the acre) at Autumn Hills Estates, improved by a lodge, several outbuildings, and an airport; and being all the land at Autumn Hills Estates held by Briarwood Enterprises, Inc., a Virginia corporation, and not being previously dedicated as numbered lots or tracts; and being a portion of the real estate conveyed unto Briarwood Enterprises, Inc., a Virginia corporation, by deed dated July 6, 1988, of record in the aforesaid clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 686, at Page 313. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signature and seal: (SEAL) iI .�Stt z e ustee STATE OF VIRGINIA, AT LARGE, CITY WINCHESTER of , To -Wit: me.., mna ar,7rnnm1OArraA hafnra ma. a RM. MCCANDUSH a ACCM000 nraiam,vuaxu BK750PG0802 THIS DEED OF TRUST, made this.1Q4A day of September, 1990, by and between BRIARWOOD ENTERPRISES. INC., a Virginia corporation, hereinafter called the Grantor; and THOMAS H. ROCK - WOOD of Winchester, Virginia and CHARLES S. MCCA_ NDLISH, of Winchester, Virginia, hereinafter called the Trustees. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid by the said Trustees to the Grantor, on or before the delivery of this Deed of Trust, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the said Trustees, any one of whom may act in the execution of this Deed of Trust, and their successors forever, the following real estate, to -wit: Approximately forty (40) acres of land (this being a sale in gross and not by the acre) at Autumn Hills Estates im- proved by a lodge, severe! out buildings and an airport and being all the land at Autumn Hills Estates held by the Grantor and not previously dedicated as numbered lots or tracts and being a portion of the same property which was conveyed to the Grantor herein by deed dated July 6, 1988 and recorded among the land records of Frederick County, Virginia, in Deed Book 686, Page 313. IN TRUST NEVERTNELL•3S, to secure the payment of that certain note of even date herewith, executed by the Grantor, pay- able to the order of FARMERS AND MERCHANTS NATIONAL BANK. of Winchester, Virginia, in the principal sum of Eighty -Five Thousand Dollars ($85,000.00), with interest thereon at the rate of Twelve percent (12%) per annom, amortized over twenty (20) years, payable as set forth in the aforesaid note, due in full (3) three years from the date hereof. This Deed of Trust shall be construed to confer and im- pose upon the parties hereto, and the beneficiary hereunder, the u 1 ERMR. YCCUDIUM a ROCKWOOD BfOtMM AT LAW Mr#CX tTtt, WIMINIA BK75F"G803 rights, duties and obligations set forth in Section 55-59, et seq., Code of Virginia, 1950, as amended and in effect as to the date of acknowledgment hereof, and further to incorporate herein the following provisions by short term reference below pursuant to the provisions of Section 55-60 of the Code of Virginia: 1. Renewal or extension permitted. 2, Grantors reserve the right to pay at any time the entire indebtedness, or any part thereof. 3, Exemptions waived. 4. Subject to all upon default. 5. Insurance required against fire and other calamity in the full amount of the insurable value. 6_ Substitution of Trustees permitted. 7. Any Trustee may act. Advertisement required: Publications of notice of sale once a week for two successive weeks in any newspaper of general circulation or published where the property is located. Said kale may be held not less than eight days following the first ad- vertisement nor more than thirty days following the last advertisement. Commission of two and one-half per cent (2-1/2%) of indebtedness shall be due Trustees if property is•advertised but indebtedness paid•before sale. The property secured by this trust may not be conveyed to any other person, firm or corporation, without the prior writ- ten consent of the beneficiaries protected hereby, and any such conveyance shall be construed as a default of the trust. NOTICE - THE OBLIGATIONS SECURED HEREBY ARE SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED. WITNESS the following signatures and seals: BRIARWOOD ENTERPRISES, INC. a Virginia corporation a UMN"i aft� at mar r.wwol rwar.r 1 RAS86"s2 13 THIS DEED, made and dated this L-0 dap etzal. 1988. by and between NRLUVESTERN DIVRLOPHRIX COMBANT. INC., a Virginia corporation, called the Crastor; and BR •RM90� SITENtRISB3. IMc., a Virginia corporation, hereinafter caned t1ke Grantee; and DOMINION BANK OF SNBNANDOA-9 VLLLBTa NATIONAL ASSOCIATION, party of the third part, hereinafter called Dominion, VITASSSETN% That for and in consideration of the and of Tea Dollars ($10.00), and other valuable consideratioa paid tha Gran - for by the Grantee on or before the delivery of this deed, the receipt of which In hereby acknowledged, thi Grantor does hereby grant, sell and convoy, with general warranty and with English covenants of title, onto the Grantee, in fee simple, the follow - Sag real estate, together with all improvements and appurtenances thereto belonging but *object to ail essemeats and legally on - forceable restrictions and reservations of record affecting sock realty& All those certain tracts of real property lo- cated in Gainesbore Magisterial District, on Tim - lost Eidge, Frederick County, Virginia, described as follows: Tract 28. Section IV, Autumn Hills Estates, as the same appears of record. Tract 390 Section III, Autumn Hills Estates, as the rime appears of record. Appro:irately forty (40) acres of land (this being a sate in gross and not by the acre) at AutaaA Bills Estates improved by a lodge, &*vowel out buildings and as airport and being all the land at Autumn Hiliq Estates held by the Grantor and mot previously dedicated as numbered lots or tracts. The foregoing tracts or parcels are portions of the property conveyed to the Grantor herein by do ed #tem C. Bages* Bayliss, at *I, dated the 21 dap of Jassary, 1979, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, to Dead look 505, Page 778. This property is transferred *object to the lies of that Certain deed of trust dated lovenber 17, 1978. and recorded in IN n Used took 501. Page 514, securing paymeat'of certain sans to The Comz�erelsl i Savings Doak of Winchester. Dominion, as successor in interest to The -Commercial i Savings Bank of Winchester, and [pursaent to that certain agreement among these parties dated May 29, 1985, joins in this conveyance to evidence its consent to the transaction. Brisrwood Enterprises, Ise., joins in this deed to assume liability of the dead of trust as described hereinabove. The on - paid balance of which, as of IMU d , 1988, is d 39,854.05 . WITNESS the following signatures end seals: NORTHWESTERN DEVELOPMENT COMPANY, INC. By (SEAL) C. Euaen ' slIaa, rosi id eat DOMINION BANE Of SNGNANDOAK VALLEY, NATIONAL ASSOCIATION, successor- to The Commercial B Savings -Bank of Winchester ���� By Dotwjf A , � --, ble �� � (SEAL) David A. Chandler BRIAR OD ENTERPRISES. INC. By (SEAL) C. Bnge Bayliss STATE Of VIRGINIA City of Winchester, to -wit: The foregoing instrument was acknowledged before me this day 1988, by C. Eugene Bayliss. who is President of Northwestern Development Company, Jac. My commission expires cry PbblLc STATE OF VIRGINIA � naMns.r w 2 II A 3t34X t !Y w40aw a .rwwi #715. UAW, WAL"M e=i107W "t ` am Or G""=IO* ALVIN Co-. nnTm. ET AlS mitts, mm OF CoiRRmGT m, reads a" dated t.hia ..11R..-- day of Z&, ..wf it -it, `' y and boom" WtaL v waif n 11'tWIUiIq!"oft %"oatss, by CLAM IiiMfD10r011, t►is Att:ornw-is-lapt, party of tho beat part, harsinattos called the orastas, AINU 0. TTATCXn OW FXPIMM Z. narl ;M, MG wit*, P4rt1*8 Of Who $090104 part, CZ RKMCs K. lC1' TS4 111 asd KA"y Halt K "s, me w►Lte, partLos of the tU" past, 04 OUM IUZ L. XILWW wad CaaMTO J. NXIAO We, Us wits, partisa of tlw tourth parts said patrtiof of the f oowdi. Pars• panic* of the tUSd part, a" party of the toartla pear: bwroi"ttaar c llsotivsly called t#a etsate". gnaw, the Mrst aattsr dose r ibed real **"to oeaottt a pwtuft of the real, *"*to owwwyed to Waldo waltsr D"Ai"toa awd Ida May iowiwifteteo. Aio wile, lolatly. with thN arorataoa lrnr sitbt of suvivereUp, by tMt owartaiw Doped dated ltrok 10, ltOr of > eewd is Who Cleeklo Otti.oa of this Circuit court of li+iMsU% OPORty. VIrVIALa, Is Dead spark 20, at 9%w 247 t aid, W 1i , OW acid wal" *" %*r sowwiw stow aura tda xw 9001 Mtow did coov y the be rsi afear 4"m ibod real woo" to Alvin A. F10"60r and Paull" L. 1Fl*t4bw # Ail wife, by that +I OWS&tX Droll dated may ?I, 1010f of "Cod Ear tho C10" • w Ottlee at tM Cttwott Cowl of f ed wiek t .y, V VAAAa. is Ortomf loft )K#r at p"O 21i1 whers" Sold rw:E,to Walter iwaralaotoa, � K vx # 114 ~06! wate Al.rIS 0. tl art+t%" , st on, a p4t"l St Lad wwialwisp 12 Ad"*, am* or loarw # orad. %Mason# "" fted did WK wattio,tautiy deawetrtbra all. Ot "a toed 00'ta60 *mwayd thor*67, 1A that it was two laltat of ww "IA emmwe t1evia ► to ~ " all of UWAS right, I&LOa and ietw*t im awi to tom twe vw fk*1* pareaka of ImW, son 10 Aaw"t 'mwe eE Yroa, eat l V? Am**, wrarts ter lstao. nr"O"i #mat hrWp to" Is An t, seas or l o") A avid, MUMNO t1w do emtlwttlAw O"mo.la" is mid D"i foiled, MC CART HY AKE RSPLC ATTORNEYS AND COUNSELLORS AT LAW May 31, 2013 Mark Cheran Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 VIA FACSIMILE AND U.S. MAIL Dear Mr. Cheran: Matthew S. Akers, Esquire makers0mccarthyakers.com Re: The Lord's Chapel, Inc. Zoning Classification; Tax Map Id. 17 A 16 Please be advised that I have been retained by The Lord's Chapel, Inc. to assist them in determining the zoning classification of their property located in the Gainesboro Magisterial District, Frederick County (Tax Map Id. No. 17 A 6). I will be reviewing the land records and will follow-up with you shortly thereafter. In the meantime, please let me know if you have any pertinent information that you believe I should consider. Thank you for your attention to this matter and anticipated cooperation. Please do not hesitate to let me know if you have any questions. With kindest regards. I am. Very truly yours, Matthew S. Akers MSA/mf Winchester & Front Royal, VA • Martinsburg, WV 1 302 W. Bo,scawen St., Winchester, VA 22601 1 T: 540.722.2181 1 F: 540.722.2381 1 mccarthyakers.com Facilities I The Land Celebration Page 3 of') 0 ..o J Grape! ♦ fwvLN nn, • nr C Gti+wr { Qo wawb t.. WIwM N - Oae �A Iae t flnlallnM1e alW�\'w Wl..w t TV a.uwW. N un4w. Miwl � t �udaaiad\ +1 T aw ClnY g • ��-- ;e u-na v o..1.a a cw.a..,awso.� Ct•.n 4 a n...gnwY L.-f6.n W1tiA Printable version The Land Celebration Website Home Labyrinth Sweat Lodge Facilities Accommodations How to Find Us Summer Solstice Celebration loading http://thelandcelebration.org/new/?q=facilities 6/5/2013 7`1 130 E Cul-De-Saes. Generally, minor terminal streets (cul-de-sacs); designed to have. one end permanently closed. Each cul-de-sac must be terminated by a turn -around of not less than one hundred (100) feet in diameter. ARTICLE VIII RESIDENTIAL RECREATIONAL COMMUNITY RRC DISTRICT R-5 Statement of Intent This district is intended to permit development in accordance with a Master Plan therefor of cluster -type communities containing not less that five hundred (500) contiguous acres under one ownership or control, to be developed and subdivided for residential recreational use, in a manner that will protest and preserve the natural resources, trees, watersheds, contours, and topographic features of the land, protect and enhance the natural scenic beauty and permit the greatest amount of recreational facilities by leaving as permanent open area not less than thirty-five (35) per cent of the total acreage. Within such communities the location of all improvements shall be controlled in such manner as to permit a variety of housing accommodations in an orderly relationship to one another, with the great- est amount of open area and the least disturbance to natural features. "Open area" shall include parks, lakes, dams, roads, roadways, walkways, trails, swimming pools, forests, hunting areas, golf courses, playgrounds and recreational facilities, ski slopes and other sport facilities, non-residential clubhouse grounds and rights of way and surface easement for drainage and other utilities over areas not within the lines of any residential lot and other areas. A residential recreational district may include a variety of residential accommodations and light commercial facilities in Village Centers to an extent necessary to serve the neighborhood needs of the particular residential recreational community, but no industrial development is permitted. 8-2. Establishment REQUEST AND MASTER PLAN Request for establishment for a residential recreational planned community shall be made initially to the Planning Commission and subsequently to the County Board of Supervisors accompanied by a "Master Plan" for -the proposed community of not less than 500 contiguous acres under one ownership or control. APPLICATION 8-2-1: The applicant shall furnish with his application for establishment of a Residential Planned Community ten (10) copies of a Master Plan prepared by a surveyor, engineer or architect, duly authorized by the State to practice as such, which plans shall demonstrate generally accepted professional practice, upon which shall be shown the approximate location of the open areas which shall comprise not less than thirty-five (35) per cent of the whole and the general location of the various . types of land uses, including the general location of any Village Center and the residential density classifications of each residential area. 8-2-2. The applicant shall further submit with his application ten (10) copies of a set of preliminary plans which shall indicate a method by which the "Master Plan" may be implemented and show the general location of all public and private roads, the location and particular use of all open areas, the location and type of such proposed improvements and building as are required to be 'shown on the Final Plan, and a general sewer and water supply plan. 8-2-3. Upon approval by the County Board of Supervisors of the "Master Plan", the Residential Recreational Community shall be deemed established. After approval, the Master Plan may not be altered without approval of the County Board of Supervisors but the preliminary plans shall be superseded by the Final Plans hereinafter provided for. DEVELOPMENT 8-3. FINAL PLAN - - - - 8-3-1. Following the establishment of a Residential Recreational Community by approval of the Hoard of Supervisors of a Master Plan therefore, the applicant shall furnish to the Planning Commission ten (10) copies of a Final Plan of any part of section of the community comprising not less than five (5) acres of land shown on the Master Plan and from time -to -time thereafter shall submit additional Final Plans comprising the whole area of the Master Plan. The Final Plans shall be prepared or certified by a surveyor, engineer or an architect. The Final Plans shall be consistent with the Master.Plan as approved but may vary from the preliminary plans to any degree which the Planning Commission believes does not vary the basic concept or character of the development. 8-3-2. Each Final Plan shall be drawn in accordance with site plan requirements, Section XVI of this Ordinance. 8-3-3. The applicant shall furnish with a Final Plan a proposed deed of easement including restrictions safeguarding the permanent use of open areas and preventing encroach- ment thereupon. 140 8-3-4. When the Final Plan -and deed of dedication shall have been approved by the Planning Commission as being•in conformity with this ordinance and the "Master Plan" as approved by the County Board of Supervisors, the Final Plan shall be submitted to the Board of Supervisors for approval. 8-4. ADDITIONAL LAND 8-4-1. Additional land area may be added to an existing Residential Recreational Planned Community if it is adjacent and forms a logical addition to the existing Residential Recreational Planned Community and if it is under the same ownership or control. 8-4-2. The procedure for an addition shall be the same as if an original application were filed, and all of the requirements of this Ordinance shall apply except the minimum acreage requirement of five hundred (500) acres. IB-5. COMPUTING POPULATION ' 8-5-1. On computing average density on any final.plan of a part of a Residential -Recreation- al Communityany.excess in -'land area other than required to support an average density of eight `,S) persons per acre of gross area in any Final Plan previously recorded may beiincidded. So, as each successive Final Plan is submitted, the overall density of all areas shown on recorded Final Plans within the proposed Residential Recreational Planned Community as shown on the "Master Plan" shall be recomputed so that the average population density of the aggregate -gross area within all the recorded sections of the Community shall never at any time in the history,of its development exceed a density of eight (8) persons,per acre. e-5-2. On computing population density, a factor of three and seven tenths (3.7) persons shall be used per detached single family dwelling, three (3),persons per townhouse, two (2) persons per unit in multi -family structures of three (3) stories or less, and one and five -tenths (1.5) persons per unit in residential clubhouse or lodge. 8-6. PERMITTED POPULATION DENSITY 8-6-1. The overall population density shown on the Master Plan of a Residential Recreation- al Planned Community shall not exceed an average density of eight (8) persons per acre including open area and Village Centers. 8-6-2. Single family dwelling units shall constitute eighty-eight (88) per cent of all dwelling units, townhouses and multi -family dwellings may constitute twelve (12.) per cent. 8-6-3. Three (3) residential density areas shall be permitted in the Residential Recreat al Planned Community generally in the location shown on the "Master Plan." Such sity areas shall be designated as follows: "A" Areas for detached single-family dwelling units "B" Areas for townhouse units "C" Areas -for multi -family residential structures of not more than three (3) stories above ground. 8-6-4. The population density within an ".A" area shall not exceed ten (10) persons per acre of gross residential area served by central water and sewer systems, six (6) persons per acre where one or the other is available, or four (4) persons per acre where individual systems are used, which term gross residential area shall include roads within such area; the population density within a "B" area shall . not exceed twenty-five (25) persons per acre of gross residential area and the population density of a "C" area shall not exceed thirty (30) persons per acre of a gross residential area. 8-7. USE REGULATIONS 8-7-1. In the Residential Recreational Planned Community, structures to be erected or land to be used shall be for one (1) or more of the following types: Dwellings Schools Churches Indoor and Outdoor Recreational Facilities Shops and Stores in Village Centers Preserves and Conservation Areas Restaurants and Lodges with overnight accommodations Yacht Clubs and Service Areas Service Stations Camp Grounds (Private) Heliport or Air Strips TV, Radio Stations & Towers Fire Stations, Companies, and Rescue Squads 7-2. Accessory buildings permitted as -defined, however, garages or other accessory structures such as.carports, porches, and stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than ten (10) feet to any property line. 7-3. Maintenance depots, public utilities such as poles, distribution transformers, lines, pipes, and meters, including water and sewer lines, the maintenance of streets, roads, facilities or areas as required by the developer, accessory build- ings and tanks and facilities or structures relative to same. B. LIMITATIONS B-1. Commercial uses shall be located in "Village Centers" shown on the "Master Plan" and on the Final Plan. "Village Centers" shall be light commercial within which neigh- borhood commercial uses are permissible. 11 141 8-8-2. Not more than twelve (12) acres are to be devoted to commercial uses per thousand lot owners in the residential Recreational.Planned Community and such commercial uses are to be limited to the areas designated as "Village Centers" on the Master Plan and on the Final Plan. 8-8-3. commercial uses permissible in a "Village Center" and not otherwise permissible in a residential district shall be limited to restaurants, stores, lodges and service uses adequate but not more adequate to provide neighborhood shopping for the particular community or development needs. Home occupations (such as auto repairs, beauty parlors and etc.) are not permitted in residential areas. ' 8-8-4. Uses in a Residential Recreational Planned Community shall be permissible only in the general location shown on the approved Master Plan as previously set forth, and each deed shall be restricted to the permitted class of land use (Residential or Commercial, etc.). 8-8-5. The use of any area within a Residential Recreational Planned Community shall be shown on the Final Plan as previously set forth. ' 8-9. BUILDING LOCATION REQUIREMENTS 8-9-1. The location of all structures shall be as shown on the Final Plan other than single family dwellings as to which building restriction lines or construction area limit shall be shown with respect to each lot. The proposed location and arrangement of structures shall not be detrimental to the existing or prospective adjacent dwellings or to the existing or prospective development of the neighbor- hood. 8-9-2. Building restriction lines shall be shown on the Final Plan. 8-10. UTILITIES 8-10-1. Prior to approval of the Final Plan, the applicant must submit preliminary plans and specifications for central sewer and central water supply systems adequate to.serve the area covered in the Final Plan in conformity with standards of the Virginia State Water Control Board and the Virginia.State Health Department. Private septic tanks and wells may be permitted if approved by local health authorities. 8-10-2. All townhouses, multi -family dwellings and village centers shall be served by central water distribution and sewage collection disposal systems. 8-11. SPECIAL PROVISIONS 8-11-1. If following the establishment of a Residential Recreational Planned Community a Final Plan shall be submitted to the Planning Commission as herein before f provided, such Final Plan shall be deemed approved by the Planning Commission if no action has been taken by the Planning Commission within sixty (60) days after such submission. 8-I1-2. Junk or abandoned cars, vehicles or motorized equipment, debris (such as household effects - appliances and the like) shall be prohibited on a residential lot. It shall further be prohibited to abandon such in any part of a public or private right of way or in any part thereof. 8-12. AREA REGULATIONS 8-12-1. For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the Health Official. The administrator shall require a greater area if considered necessary by the Health Official. 8-13. SPECIAL REGULATIONS 8-13-1. No more than eight (8) townhouses shall be included in any townhouse grouping. 8-13-2. The facades of dwelling units in a townhouse development shall be varied by changing front yards by not less than two (2) feet and variation in materials or design, so that no more than four (4) abutting units will have the same front yard depth or the same or essentially the same architectural treatment ' of facades and roof lines. 8-14. OPEN SPACE 8-14-1. Open space, roads, shall be maintained by and be the sole responsibility of the developer/owner of the recreation development until such time as the developer/owner conveys or sells such common area to a non-profit corporate owner or association whose members shall be all of the individual owners in the development. Said land shall only be conveyed to and be held by said ' non-profit corporate owner or association of the individual owners in the development. 8-14-2. In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the Residential Recreational Community fail in maintaining the common open space in reasonable order and condition in accordance with the plan, Frederick County may serve written notice upon such organization•or upon the residents and owners of the planned unit'development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be cured within thirty (30) days thereof. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30) days, or any extension thereof, the County in order to preserve the taxable values of the properties within the Residential Recreational Community and to prevent the -- - - 'A 142 common open space from becoming a public nuisance, may enter upon said common -open space and maintain the same for a period of one (1) year. Said entry and maintenanc shall not vest in the public any rights to use the common open•space except when the same is voluntarily dedicated to the County by the residents and owners. Before the expiration of said year, the County shall, upon its initiative or upon the re- quest of the organization theretofore responsible for the maintenance of the common space, call a public hearing upon notice to such organization, or the residents and owners of the planned unit development to be held by the governing body, at which hearing such organization or the residents and owners of the Residential Recreational Community shall show cause why such maintenance by the County shall not, at the election of the County, continue for a succeeding year. If Frederick County shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the County shall'cease to maintain said common open space at the end of said year. I£ Frederick County shall determine such organization is not ready and able to maintain said common open'space in a reasonable condition, the County may continue to maintain said common space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the County in any such case shall constitute a final administrative decision subject to appeal for judicial review. 8-14-3. The cost of such maintenance by the County shall be assessed ratably against the properties within the Residential Recreational Community and shall become a tax lien on said properties. The County, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the Office of the County Clerk upon the properties affected by such lien within the planned unit development. B-15. STREETS AND ROADS 8-15-1. Streets and roads within the developed area shall effectively serve all subdivided residential lots and all other facilities therein and shall, if dedicated for public use and accepted by the Virginia Department of Highways, meet the require- ments of Frederick County, Virginia. 8-15-2. Private streets and roads, which shall also effectively serve all. subdivided residential lots and other facilities in the area are permitted. when private streets and roads are used the County shall not be bound in any way to provide public services to the recreational community and such streets as are indicated on the recorded plats shall recite the fact they are not dedicated to general public use, and such private roads and streets shall not be required to meet state or county requirements. B-15-3. All dedicated public streets shown on the Final Plan shall meet all'requirements of the Virginia Department of Highways Standards. Before approval of any Final Plan, the Resident Engineer shall so certify. 8-16. CUL - DE - SAC B-16-1. Generally, minor terminate streets (cul-de-sacs) are designated to have one end permanently closed. Each cul-de-sac must be terminated by an adequate turn -around. 8-17. OFF STREET PARKING 8-17-1. The off street parking requirements as stipulated in GENERAL,PROVISIONS of this Ordinance shall apply except there shall be no requirements for off street park- ing for single family residential use. ARTICLE IX BUSINESS, LIMITED DISTRICT B-1 Statement of Intent The primary purpose of this district is to establish and protect a business distric that will serve the surrounding residential districts. Traffic and parking congestion is to be held to a minimum to protect and preserve property values in the surrounding residential districts and, insofar as possible, all neighbor- hood business development shall take place in a limited business district. The district shall include such activities as are necessary for the day-to-day operation of a normal household. 9-1. USE REGULATIONS In Business District B-1, structures to be erected or land to ,be used shall be for one or more of the following uses: 9-1-1. General retailing uses, including but not limited to, grocery stores, bakeries, drug stores, gift shops and clothing stores. 9-1-2. Personal services including but not limited to, laundries, dry cleaning, barber and beauty shops. 9-1-3. Service Stations with repair under cover. 9-1-4. Banks. 9-1-5. Professional Offices and Office Buildings. I J I IR1 p, 48lt!!!*!!!!!**!!tltt!!:!!!!*!!!*!*!!!!!**! #I866 ! GOOD EARTH FRUIT FARMS, INC., ET AL ! + - ::K Or WRY * TIMBERLAKE ASSOCIATE9, ET AL f Cam. 524 48 THIS RICHT-Ot M]►Y 1►GREElMT, made and dated this/day of J , 1990, by and between GOOD S11ATli FRUIT FJ1RFiS, and TIMM RIDfB FARG OF VIiIGM, INC. INC., a Virginia Corporation, /partiesof•the first party L. HAROLD + * yao MOB, party of the second party TIMBERLAKE ASSOCIATES, a Virginia and NMW9eS2EM LlVEGORAW OMOW, INC. Gengral Partnership,/partiesof the third party and MILDRED M. MOB, party of the fourth part. WHEREAS, the'party of the first part is the owner of two certain tracts of real property containing 59.19 acres in one tract and 5.44 acres in the other, both being a part o. the Long Dickerson Tract and being a portion of the property conveyed to the party of the first part herein by dead from Lindsay R. Dickersoni, et al, dated June 25, 1973, and of record in the • Clerk•s:Offiee of the Circuit Court of Frederick County, Virgins '-,in Deed Hook 422 at Page 166y and �. WHEREAS, the party of the second part is the owner of a +„ certain tract of real property vontaining 101.20 acres known as Crowe Farm conveyed to the party of the second part by deed dated the �r day of . 19g, from Uie party of ,+ the third part which tract adjoins Virginia Secondary Highway i, 7031 and WHEREAS, the party of the third part is the owner of a certain tract of real property containing 320.52 acres known as the Young Tract, lying to the south and west of the Long - "Dickerson Tract as described hereinabovey and 1tHEREAS, the party of the fourth part is the wife of the party of the seooe►d party and WHEREAS, the parties hereto desire to establish, construct and maintain easements for rights -of -way for ingress and egress for thasmelves, their heirs and assigns, across the Crowe Tract from Virginia Secondary Highway 703, southwardly and westwardly across the Crowe Tract and the Long -Dickerson Tract to the AMON A.rMi W Young 320.52 acre Tract. . 49~ aoc�c 5224 v3tE 49 NOW, THEREFORE, THIS AGREEMENT WITNBSSBTH: That for and in consideration of the sum of Ten Dollars ($10.00) in hand paid and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of the first part does grant and convey unto the party of the third part, its heirs and assigns, an easement for a right-of-way sixty (60) feet in width for ingress and egress over, on and along those certain parcel* of real property containing 59.19 acres and 5.44 acres located in Gainesboro Magisterial District, Frederick County, Virginia, both being a part of the Long -Dickerson Tract and being a • portion of the property conveyed to the party of the first part by deed from Lindsay R. Dickerson, et al, dated June 25, 1973, and of record in the aforesaid Clerk's Office in Deed Book 422 at Page 1661 subject to the terms and conditions as hereinafter stated. For and in consideration of the atm of Ten Dollars ($10.00) ` cash in hand paid and other good and valuable'consideratiogi, the ; r ' receipt -of all of which is hereby acknowledged,,the party of the second part does hereby grant and convey unto the party of the ! third part, ita heirs and assigns, an easement for a right-of- way sixty (60) feet in width for ingress and egress to Virginia Secondary Highway 703, over, on and along that certain treat or parcel of real property located in Gainesboro Magisterial ► District, Frederick County, Virginia, containing 101.20 acres and known as•the Crowe Tract and being the same property conveyed to the party of the second part by tte party of the third part by deed dated the 100 day of and subject to the conditions and terra: hereinafter stated. The easements of rights -of -way aforesaid are for the use and benefit of the party of the third part, its guests, invitees heirs and assigns, exclusively with regard to the land owned by �A* �' the party of the third part as of the date of this Agreement and 50 i AAAAS� 'p i4. rf' sock 524 "a 50 may not be used to serve other lands without the prior written consent of the parties of the first hnd second parts. No heavy equipment or vehicles, or vehicles used in industry or for commercial activities shall be permitted over said easements and rights -of -way except for the delivery of materials and the coLftruction of dwelling houses on the lands to be developed by the parties of the first•, second and third parts, or for the construction and maintenance of the roadways thereon or other common facilities. Excluded from this prohibition,in the use of said easements and rights -of -way shall be light duty trucks having -a rated capacity of one and one-half (1h) tons or less owned or operated by the parties of the first, second or third parts, their heirs, •"signs, guests and invitees. The parties of the first and second parts agree that they, 'their heirs and assigns shall not use or permit the• use of any of the lands subject to these easements and rights -of -way or any lands within 1000 feet of the easements and rights -of -way for camping, trailer parks, mobile hose parks, or recreational vehicle parks. The exact locations of •said rights -of -way and easements are not fixed as of tl4s date, but they shall be located and designed .by the parties of the first, second and third parts so as to connect Virginia Secondary Highway 703 with the lands of the party of the third part across the lands of the parties of the first and second parts. The parties of the first, second and third parts shall jointly participate in the design, construction and maintenance of the roads across said easements and rights -of -way and share the cost thereof with the exception that as to the cost of - maintenance of said roadways such costs shall be shared in the proportion of the use thereof as determined by a jointly selected independent method of determination as to the use, or as other- 1 1 ir►nir. - 4 - bw 524 P49E Si wise agr6ed to by the parties of the first, second and third parts. In the event any of the parties of t first, second or third parts, desire to design, construct and the easements and rights -of -way aforesaid prior to.the othe parties, such party, after coordinating with the other part and obtaining its concurrence to the design of the road, may proceed with the construction and use thereof at its sole cos and expense, but: once said easements and rights -of -way are used on a regular basis by the assigns of the other parties, these parties shall pay to the party designing, constructing and previously using said easements and rights -of -way their share Of the cost of design and construction such that the partiesof the first and second parts shall together pay one-half (h) Of the total costs of design and construction of said roadways across said easement and rights -of -way and the party of the third part shall pay the other half thereof. Maintenance of said roadways across the 3asements and rights -of -way aforesaid shall be'.borne solely by the party or parties using such roadways anti such time as all parties are using them at which time the proportion of costs of maintenance shall be determined as aforesaid., The parties of the first, second and fourth parts reserve t for themselves, their heirs and assigns, the right of use of J said sixty (60) foot right-of-way easement under the same i conditions as set forth herein and to enter into agreements with other land owners and developers such as, Lakey Holiday Estates, i Znc., and Lake Holiday Country Club, Inc. and their assigns for the use of said right-of-way easement. The party of the fourth part joins in th execution of this instrument to release her dower interest, if any, in the easements and rights -of -way granted herein in the property of the party of the second part and for no other purpose. MITHESS the following signatures and seals$ 51 d 52 WBosom O .As "W a - 5 - BOCK 5211' ME 52 TIMBER RIDGE PARMS OF GOOD EARTH FRUIT FARMS, INC. VIRGINIA, INC. Syl-s-.�CN iJtl-�`� (SEAL) By, )L. Haro Mora, President L. Harold Moss, Pres dent NORTHWESTERN DEVELOPMENT COMPANY, INC. LHarold Moss TIMBERLAKE ASSOCIATES Bys C. ugen Bay ss, Bys 0 dA (SEAL) Prhsiden C. Eugefrl Bayliss/ Partner Byt (SEAL) Robert M. Bay Partner (SEAL) Mildred M. Moss STATE'OF VIRGINIA OF , to -wits I, a Notary Public in and for the State and aforesaid, do hereby certify that L. Harold Moss, whose name is signed t the foregoing Right -of - May Agreement dated the AY aY day of , 1980, on an4f Timber Ridge Farms of behalf of Good Earth Fruit Farms, Inc./as its President, has i VaclowNdg"28-the same to be the act and deed of said Corporations, before me in my State and jCj{i af�eeaid. Given under my hand this ' day of bfjl , 1980. My Commission expiress r STATE OF VIRGINIA ,OF , to -wits a Notary Public in and for ftheStat and aforesaid, do hereby certify that L. Harold Mors, whose name is signed to the f egoing Right-of- way Agreement bearing date the !9 day of 1 of WBosom O .As "W a - 5 - BOCK 5211' ME 52 TIMBER RIDGE PARMS OF GOOD EARTH FRUIT FARMS, INC. VIRGINIA, INC. Syl-s-.�CN iJtl-�`� (SEAL) By, )L. Haro Mora, President L. Harold Moss, Pres dent NORTHWESTERN DEVELOPMENT COMPANY, INC. LHarold Moss TIMBERLAKE ASSOCIATES Bys C. ugen Bay ss, Bys 0 dA (SEAL) Prhsiden C. Eugefrl Bayliss/ Partner Byt (SEAL) Robert M. Bay Partner (SEAL) Mildred M. Moss STATE'OF VIRGINIA OF , to -wits I, a Notary Public in and for the State and aforesaid, do hereby certify that L. Harold Moss, whose name is signed t the foregoing Right -of - May Agreement dated the AY aY day of , 1980, on an4f Timber Ridge Farms of behalf of Good Earth Fruit Farms, Inc./as its President, has i VaclowNdg"28-the same to be the act and deed of said Corporations, before me in my State and jCj{i af�eeaid. Given under my hand this ' day of bfjl , 1980. My Commission expiress r STATE OF VIRGINIA ,OF , to -wits a Notary Public in and for ftheStat and aforesaid, do hereby certify that L. Harold Mors, whose name is signed to the f egoing Right-of- way Agreement bearing date the !9 day of 1 of 1 - 6 - eou 524 Pja 53 1980, has this day personally appeared bef the same. Given under my hand this A(i/ day of My Commission expires and ac 1980. /� ov�aay rcraraav - � ST TE OF VIRGINIA OP , to -wits I,A&Z�Oz& a Notary Public in and for the State and aforesaid, do ' by certify.that C. tugene Bayliss and Lbert M. Bayliss, as Partners of and Northwestern Development Company, Inc. Timberlake Associates/whose names are signeCto the foregoing Right -of -flay Agreement bearing date the ay Oi a 1980, have this day personally appeared befor as an4ac wledg the same. Given under my hand this day of ; , 1980. Notary Public My Commission expires s ,lJl/'1?111d'21.2 9T 3 !theState or VIRGINIA or , to -Mitt I, ►, a Notary Public in and for and asoresaid, do hereby certify that Mildred M. Moss, whose name is signed to the foregoing Right - Of -Way Agreement has this day personally appearedibefore me and acknowledged the same. Given under my hand this p day of , 1980. My Commission expires: ^ ,: ot.:i16 f��n_ 11• .r'I..X '� ...: of r�.17•J11M1 u.orwo 0 i ��� { i 53 22 #2A13 �i ri NORTHWESTERN DEVELOPMENT C(''TANY, TNC. TO :: :: RIGHT OF WAY POTOMAC EDISON COvPANY Y RIGHT-OF-WAY AGREEMENT Gel "arod and Virginia)! :::••. 5.12 212 Ves. W srwsasMr! la eterwae- W of Ose DdYr (f t lq) saw tsher ralsabk aoniweralea, henry goat unto Tsls 9elrome EOKOM QolayAler, its *=soon au aideu. a fightcf-wsy for the purpose of comn urtiM operetigt, b sigamieg, m intalaieg sad tfaeaurudh/ so ekes* lints, igdWiag ad uetsn•ry point, saehon, wW% trenches, conduit. cable and othn faclUtln in. own. under and abet the Property tstlra VON oxen ts In erbidt 1/ert bats ae intaect, hunted In Gaineaboro Macisterial long* Frederick �,, „ Vi and egaiW by mr/ts hem (lr y ass �r ON �`ayy10IMA! j p' a p of ske T,oc °�"it 21 t au % s n ' 18th Ar BaADril� ` � �3 �a L90 p h bed aid the day or , :9 , of reeaed ih dcrd boot tfo p,a, 10 or the bad Moats of Frederick County, suit or Virginia rule rkht er bwer to end etrea from aW ;gthtotiaayarsa tiers tree the huff of psatore; said Urge to be located ern the land of I+orthwet:teinDetelotlment Comoarrs. Incornorated. known as AUTUMN HILLS- MATES. and comers located along said streets or roads, on said lots or parcels, W be extended so required to a en nsoner es. po a tea may extendedas req re a a ure eoc ions or feet on each side of the center lines of easemente, plus tinngnr trees, in wooded areas, and 20 feet on each aide of the center lines of easements in cleared areee Jaw Ica permit the a eluarat or )oht otsuposey of Area of any Company or pergons;sad to dear end keep dear by InttiM, trimming or any estate a sau say elm antler, over and sbataWe *(,aid inn sufficiently for the safe sew proper operation herd maintenance theteor; sold sum lights In tax payment sMsfor. TheCeapaay we sewste paw when Necessary to conform to future bending opers lmat of the Walton, their hake or aa*a: and WIN Puy ON se daststn to (faces. Caps, sad ageatoch mused by fine operation, maiaenssce. nbusdtnt awJ ti,• ,.sl or od Ire. if aotice in writist h tltsa witHR thirty days after each damages am suffered. otherwle It is understood that Inch demages s.; anted, Wawa the Wangles dpastom and seek this- B day*( Ace ®L s 7 In the yea i 9 74 tir191Attti - N0RTHWWTF2N DUMPHENT WWAW, IN2?ORAT® IssALI 44QA*- a .-Ak (WALI fib - IseALI simof .stl:wiIni n Coantyof ^� so MIS lbwehy a hb (w,ay o[ � A.�Dp 1f.,Z�.�M[onsa,t IlslgO, Mirk M caw to tlr �ir� � c�ia�Str�rb spprrtw /t �y ��•�_ i'7� twerp to s�fttulb. a Prior aaage[il tlW W to tb bdito cent hwsto wruod.WOW data ties g b,19�, VA thin ay actaowiedged ►elan me m m9.W County Slut he executed the axe for the puryosae therein ssatNtsw,ced aadeatba paid, including amounts saeureo; 4 the Guests. h is the sum total of OW -- , i Glove under sus beet sad and Air" 17' Lsr of Sty maehise Expires �fe 7 D's Magary tnbik Aso asb•+M IatDlJttCg( coulm. SM srMt i Tom to Me"nef a eellp+e..Ina Weduesst to we an i[. �� or w�/ • e at //e /S/2 MIT and With eartMgwto d wugafaggagart cgrtes adn91g0 boa. due _.... car Noposas Amain caeca r..., oaasaq atmsostaa aeesssd by the Gases, k in the no said of C wrr�ww sic ay o[Wc� . � Nohry Pubes . ioaae to•yto REV. a IIi t FREDERICK COUNTY FIELD DATA SHEET 1996 HISTORY 060713 MaiD No17 A 16 THE LORD'S CHAPEL. INC I Dwl . NO. 2 Acct.No. 1258 1244 GREENWOOD RD R# 1141 WINCHESTER, VA Acreage Class 75 22602 UCCUPanCY DWELLING 0. or 1.50 Age 002 1995 LonaG 42.60 ACRES PRICE - DT 0 00 000 dss C DB- 822 423 WB- . Zoning RA INSTRUMENT- 0000 0000000 0. nl s 1 AFFK 17000A000000000000160 GAINESBORO Datelnsp 1 29 1997 SSR Exterior interior Walls DRYWALL Ome NOE Home LN Found. CINDERBLOCKNo.Rms. 10 Floors CARPET VINYL Neighbornood 1 Wall4FRAME Bd. Rms . 3 AC: yieat FORCED AIR Basm, t FULL %Fin. 10 0 % FIN . RATE 10.00 Roof TlpGABLE No.Baths 3 Fireplace Garage FRAME No. Cars 2 Car Port NON]o.Cars Roofing COMP SHG No.1/2 Bths 1 Gas FPs Flue 1 BLT.In Garage No.Cars FUEL: GAS PARTIAL VALUE 75% 1 1 97 OTDES Uescription Size Cne Kate r% O d d ue PRIVATE Water WELL Uas N ase GRAVEL Sewer SEPTIC eC . Y err. ABOVE UTILITY VALUE- d r . WOODED .. .LAN USE :& VALUE _ . IYPE o. Acres Price 40J Va I ue IN UND DEV- MIN NOT UND DEV- Front DepthArea nit I Kate a ue +------24---+ 2 9 ----- 24-----+------22--+ IB 12 +---22-----+ 9 I I +----24-+---+ C 3 +----+ 2 I A +----14+ +----14+ D +------24---+ +-14---+ +-14---+ +----24-----+ Depth Fac 1 Adj.l Depth Fac 2 Adj.2 StructuTa E_'ement Value Bldg 2628.0* 48.25 126801 Basm,tl752.0* 7.00 12264 Fin.Basm1t1752* 10.00 17520 um 3000 Heat 3942 ue 500 n Additions S W L B-POR 132.0* 10.00 1320 C-GAR 696.0* 18.00 12528 D-DECK 624.0* 7.00 4368 e t4 Uescription Area BASE 1 5N32.OE24.OBS06.OE22.OS05.00E16. 262 S07.OW10.OS14.OW14.ODS09.OW24.0 Subtotal 1 182243 N09.OW14.0 L B Factor 100 182243 ---------- PhY% 25 45561 Depr. Fnc% % .00 Ecn% NB% Total Dwl. 136682 Other Imp. %COMPL Total Impr 136700 Land Total Value 136700 POR 1 S06.OE22.ON06.OW22.0 13 GAR 1 E24.ON29.OW24.OS29.0 69 DECK 1 S09.OW24.ON09.OWl4.OSl2.OE14.0 624 S09.OE24.ON09.OE14.ON12.OW14.0 GRANTOR: FREDERICK COUNTY FIELD DATA SHEET 1996 HISTORY 060713 Map N017 A 16 THE LORD'S CHAPEL, INC I Dwl . No. 1 Acct.No. 1258 1244 GREENWOOD RD R# 1141 WINCHESTER, VA Acreage 42.60 Class 75 2260 CCupanc,Y COMMERCIAL No.Story 1.00 Age 040 1957 one A 42.60 ACRES PRICE 155000- DT 6 28 199 aSS D DB- 822 423 WB- onln RA INSTRUMENT- 0000 0000000 0. nl S 17000A000000000000160 GAINESBORO RY Datelnsp 11 13 1995 LPML Exterior Interior walls DRYWALL AZ Home Lj N01ome LN Found. CONCRETE No.Rms. 3 Floors CONCRETE NeighborMood wallCNDRBLK Bd.Rms. 1 AC: Neat SPACE HEAT Basm, t NONE `kFin. °, Roof TypgFLAT SHED No.Baths 0 Fireplace Garage NONE No.cars Car Port NON19o.Cars Roofing TARPAPER Rf,Il/2 Bths 0 Gas FPs Flue BLT. In Garage No. Cara FUEL : WOOD COAL RED TAG- #2 DWL 60°s COMPLETE 1 1 96 OTDES- eSCrl ion Size Cn ate r`k O d a ue PRIVATE Water WELL Gas N TOTAL IMPROVEMEN 15821 ase GRAVEL ewer SEPTIC Elect. Y err. ON UTILITY VALUE- dr. ROLLING SLOPING LAM USE !& VALUE o. Acres rice d ue WOODED 37.6 1500 56400 OTHER A R5 4000 20000 IN UND DEV- MIN NOT UND DEV- Front I UeptMArea iti Rate value 7 7 +----17+ -------------- 70--------------+ 3 3 ------------- 53------- -+ 4 4 A Depth Fac 1 Adj.l Depth Fac 2 Adj.2 Structure E'ement' Va ue Bldg 3058.0* .00 Basm't Fin.Basm't Plumb. Heat . ue n Additions S W L A-004 3058.0* 25.00 76450 D-FACT DEP 35 26758- Lea e stz Uescription Area C04 11 N77.0E70.0S33.0W53.0S44.0W17.0 30513Subtotal 76450 L 76400 B 7120(Factor 76450 ---------- Phy% 26758 14760QDepr. Fnc% s 92.62 Ecn% NB% Total Dwl. 49692 Other Imp. 158213 %COMPL Total Impr 207900 Land 76400 Total Value 284300 GRANTOR: Prior Ownership: GOODMAN, TORONTA P 4/19/1994 107,000 F & M BANK - WINCHESTER 91,000 BRIARWOOD ENTERPRISES, INC. 70,000 NORTHWESTERN DEVELOPMENT 280,000 ' 1996 HISTORY - GAINESBORO Rec# Map# 17 A 16 THE LORD'S CHAPEL, INC Description 1 AIR STRIP 2 CABIN -FRAME 3 CABIN -FRAME 4 CABIN -FRAME 5 CABIN -FRAME 6 CABIN -FRAME 7 CABIN -FRAME 8 CABIN -FRAME 9 BUILDING -FRAME 10 STABLE -FRAME SQ.FT or Length 26000.0 17.0 16.0 17.0 11.0 12.0 10.0 10.0 16.0 12.0 Width Cond Rate/ % of FV Depr 80.0 A 10000.00 17.0 A 5.00 13.0 A 5.00 17.0 A 2.00 13.0 A 2.00 16.0 A 5.00 12.0 A 2.00 14.0 A 5.00 24.0 A 3.00 100.0 A .50 Total Value 10000 1445 1040 578 286 960 240 700 1152 600 Enter Next ScreenFF1 Return to Search Exit,F12 Next Record F24 More Key 0 oa 07 F96 1996 HISTORYProperty Card Inquiry OR -D 'S CHAPEL, INC SQ.FT or Description Length Width Cond Rate/ % of Total FV Depr Value 11 BATH HOUSE 16.0 25.0 A 10.00 4000 12 PICNIC SHELTER 16.0 32.0 A 1.00 512 13 #02 DWELLING A 136700.00 136700 Inter Next Screen F1 Return to Search F3 Exit F12 Next Record F24 More k j o 00 w - �w-ai^• w 06/03/2009 1 � ',Y�AyRyD I sn —, Mw_ `,..., 7 �� fz . © y««d ®2 - C.»�yy�y2 l'1 fr ,; J y� .* 06/03/2009 r71 V r4 ►i ASSMIATES TO: xl. AV'ID J. XEMt, E' AL," 5crw 501 F;tt 514 TEIS D1= Or TnST, made and dated this _/?2day of , 1978, by and between T12- FRLARE ASSOCIATES, a Virginia General Partnership, party of the first part and DAViD J. ANDRE' of Frederick County, Virginia, D. P. RABUN and JANIS H. MALONEY of Winchester:, Virginia, Trustees, s of the second part.' WIT?ESSETH: That for and in consideration of one llar ($1.00), in hand paid by the said Trustees to the of the first part, on or before the delivery of this of Trust, the receipt of which is hereby acknowledged, party of the first part does hereby grant and convey th general warranty of title, unto the said Trustees, and successors forever, the following real estate, to --wit: atl that certain tract of real property o located in Gainesborc Magisterial District, on Timber Ridge, Frederick County, Virginia, said to contain 320.52 Acres, sure particularly described by P survey dated December 29, L972, by Jos C. Wilkins 6 Associatts, Inc., CertifieO Laid Surveyor, which survey and plat are recorded in the office of the Clerk of the Cir^uit Court of Frederick County, Virginia, in Deed Book 402 beginning at Page 384; and being the same property acquired by the party of the first part by Deed dated the 30th day of December, 1972, of Waiter H. Young, deceased, and Margaret C. Young, which Deed is recorded in the aforesaid Clerk's office i.n Deed Book 402, at Page 366 and following. TO HAVE AND TO ?SOLD the property here�.n conveyed to the Trustees and their successors forever. BUT UPM THIS TWOG.'L N V,7ERTH 'LESS: To secure the Molder thereof the payment of one (1) negotiable bond of even date herewith, drawn by the party of the : irst part in the san of One Hundred Twenty -Five Thousand IN>I ars (S125,000.00) y' payable to the order of Tl E CO ftC 1A , i SAVINGS 11ANIX OF ''r3CHESTER at its office in Winchester, Virginia:, with interest at the rate of ten and one quarter percent (10- #�? per annum, upon the unpaid balance, to be repaid by .a i%r att.- .W % L4 f 1 J R5 semi-annual installnents of interest only for two (2) years from date and beginning three (3) years from date ai:nual principal curtailments of Fifteen Thousand Dollars (415,000.00), plus interest at the stated intervals thereafter with the entire amount of unpaid interest and principal due and / / payable on or before the day ofc•c �, �• AND FURT ER I% TRUST, to secure the payment of any money with interest thereon, advanced by the holder of the hereinabove described obligation to the party of the first part, or its successors in title at any time before the release of this Deed of Trust for any purpose to the extent that the amount advanced at any one time when added to the balance due on the original indebtedness and any prior advance; shall not exceed the amount originally secured by this Deed of Trust. This Deed of Trust shall be construed in accordance with all the provisions of S55-59 of the Code of Virginia, and amendments thereto as of the date hereof except as otherwise (Drovided herein. Advertisement required: .A single publ catzon of notice of sale at least fourteen (14)'days before the date of sale Yf general ciroulat on or published where in Qaay iscw�Y�i�� �......��.� the property is located. Cowmission of two and one-half percent (2-1j2%) of indebtedness due Trustees if property advertised after default but withdrawn from sale for any reason. The property secured by this Deed of Trust shall not be conveyed to any other person, firm or corporation without the prior written consent of the beneficiary and any such conveyance shall be construed as a default of this Trust except the party of the first part may obtain the release of five (5), five (5) acre parcels without payment of any (2) . S s $_ SCI 516 principal and thereafter may Main the release of any property conveyed hereby upon the payment of One Thousand Seven 3undred Dollars ($1.,700.00) of principal for each five (5) acres to be released, except as to the lodge and contiguous thirty (30) acres which may not be released except upon the payment of the total princ'xpal, and interest secured hereby. The provisions of 555-60 of the Code of Virginia and all amendments thereto are expressly incorporated in this Deed of Trust by the fallowing short form references: (1) Exemptions waived; (2) Subject to all upon default; (3) Renewals or extensions permitted; (4) Right of anticipation reserved; (5) Substitution of Trustees permitted; (6) �qy Trus"_4 r-ay act. NOTICE -THE DEBT SECURED £EREBY IS SUBJECT TO CALL, IN PULL OR THE TERMS THEREBY BEING MODIFIED IN THE EVENT OF SALE OR CMVEYANCE OF THE PROPERTY SECURED HEREBY. WITNESS the following signatures and seals: TIMBERLAKE ASSOCIATES v 'CL A By C. EUGBAYLISS Partner ' i ROBEPi M. BAYLZ S, Partner S 'AiE Or VIRG A, OF to-w4t: to, a Notary Public in and for the State and aforesaid do hereby certify that C. EUGENE BA1-,.!SS and ROBERT M. BAYLISS, whose names axa� signed to the :oreWing Deed -dl Trust bearing date the i-,"" day of November, 1978, as Partners of Timberlake Associates, have this day personally appeared before me and acknowledged the same. Given under my hand this _�`_` day of November, 1978, as Partners of T rlake Associates. `1 My Commission expires- ' n NOTARY PUBLIC F ANG"K t cou"". Wr. TIC of WMV w'M ww'vw an to r MCo0O_ aw wt� orb d N aerINVAQ Wkw 11 1 11 ., ..�... �.� �_�an .c .w.7 c-►•cr 79�i7r,` U?/ :'.::��i � ;' Lv •�is:��.'.'r � i�:.:�:.�'/i% .c $` ... �.. .�.� rvl:7'•• Vwx...•7w.:lk.. .ITY :e3�VirT l'r 7. �. ..� 384 O t ✓ii .:ova:. C^^`.G i %F/.y.cJ .Gi/Y.�J ..r✓.C. ✓-' '" .'Ct+w.rra;d Lrar6 i/ice'/.:%Sa:./•✓�U�'G, Y%c�..r✓/Y/fi 2.,�'Z7/ BOOK 402 PAGE 384 //j I✓mY�!'� • T.•vy' C ['O 1'.: t!•.C.�JOa^vsy3- ' "..a---� ,JJ•Ss / C3.�1 r0w. � ,�rA��e.•w ,��G 120 stir _ %t�� � `� �'`fi:r ^ram t���:���4 �.�Nir�O ✓�^7v. vC { :� `fir �6 � _.,, - •• � 0 4 `� � (`A ' ' - �� S7• tom' T � YA.� ' Q O a O • ) . 4., 4k,5 I•bi� • 60MaYL�/KS �' .Q�erwCLT � . ct�t� �A l� M1• l ss � vcor�.r�� ffswiC.e l�o+ra3,.w�+•o � � 1 P % (� (; ./L ' �Ri•I'Xi .•G.l�d' .WO.K•ilf.V./�isJi � �r�b. e! t. ; i �..l o .O - � Ilk��i,4l�51�<i9L%t�oe loop a� 00 le T✓ G'- ' G".��✓v:•� r.:.c� � lc✓Y rT :::�Go Mos.�; �=T.4L �:^..M C'ri/i?.C'L.�'S � C a:: N.:.�•:i .''JN, EX..�" E!'"AL. T/Ms�Er ► A—i.G't^,..E�, /:iry� l�.E:t'�/C� CoG/iY!^y, ✓�9. =:U!I;'!EYOR�S CERTIr:CAT" ��011' 1/� I hereby certify that t`A ;-tat Shawn hereon is a true: and correct � •, re,:rc<rntation of a.actually made on the Ercund, under myGOE�3Y pervis"on, in ac.cor.da.we.with the technical procedures reco;;wwnded � �:tii�;S A by the Virginia Association of Surveyors and the American Congress 4 CE'ililEl ,A Pdo, Y� on Surveying;. and ?Sapping• :i4'•li-3;A)354 Giver.under my hand this,29th day of December, 1972. II 100K 402 PACE 385 -loll 4 ar 2,4 4 �Afl 4. fA zx ol wo-ar KVIT- rwdr.0- SURVEYO!,'S CUrIF,C,.'rE If", 01-tt the plat I.own lh.vrocn is a true and correct of. a survey actually ond,:, on the _rcwund, under my .2CC.G,.dan.,!e with the technical procedures rcco=ended by VI­�.!n1a Acsociation of Surveyors and the American Congress on Siw,z-ving and Mapping. Given under my hand this 29th day of December, 1972. . 13 CERTIF;CATF 64-17.3 (A)'9-154 :4i IAND PERMIT COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH IDENTIFICATION # 33845 DATE OF ISSUE: 10/20/00 TAX MAP # 17-A-16 SUBDIVISION: Autumn Hills OPERATOR: The Lords Chapel ADDRESS: 411 Three Oaks Drive Gore, VA 22637 The above operator has made application and in accordance with the regulations of the BOARD OFHEALTH OF THE COMMOA7FEALTH OF VIRGINL4 is authorized by the FREDERICK COUNTY HEALTH DEPARTMENT to operate the following: ® ON -SITE SEWAGE DISPOSAL SYSTEM SYSTEM TYPE: II / BEDROOMS IN STRUCTURE: Three (3) _ DESIGN CAPACITY: 600 gpd / MAXIMUM OCCUPANCY: OTHER: Three (3) Bedroom Residence plus 25 Patrons at Rec. Center PRIVATE WATER SUPPLY SYSTEM Class of non-public water well: Based on the inspection of this water supply system, the information contained on the water completion report and the sample results, this water supply meets the requirements of the PRIVATE WELL REGULATIONS: An "X" in the indicates the system approval for which this permit has been issued. The issuance of an operation permit does not denote or imply any guarantee by the Virginia Department of Health that the sewage disposal system will function, as designed, for any specified period of time. It shall be the responsibility of the owner or any subsequent owner to maintain, repair, or replace any sewage disposal system that ceases to operate as defined in the operation permit and in 12 VAC 5-610-350. If a conditional permit has been issued, the owner or any subsequent owner is advised to review the conditions that have been imposed on the operation of this sewage disposal system. This permit not valid unless affixed with the embossed seal of the Lord Fairfax Health District. a N nml� r ma� TVDH0FRC HEALTH T Profcctir+g You and Your Environment Health Department Identification Number Schematic drawing of sewage disposal system and topographic features. PAGE 2— OF 2- Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design of the system, all existing and/or proposed structures including sewage disposal systems and wells within too feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys- tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet. Z The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. Spray Irrigation system to be installed per plans submitted by Patrick B. Racey, P.E., entitled Lords Chapel Church, C/O Sue Adams..., TM # 17-A-16, Job # PR0387. The title page to the plans are dated May 2000 and stamped and signed by Patrick Racey with revisions signed and stamped 5/22/2000, and 6/12/00. System designed for a 3-bedroom residence and a maximum of 25 patrons per day to use existing recreation center. Applicant plans to add a bathroom to the -existing recreational center. Contractor and engineer to ensure that the wetted area from the spray discharge is 100 feet minimum from all property lines, building sites, and well locations. A maintenance and monitoring contract with a Class IV (minimum) wastewater operator must be submitted by the owner and approved by the Health Department prior to the operation of the system and the issuance of an Operation Permit. Proper function of the system hydraulics is the responsibility of the design engineer. The owner or contractor is to provide the Health Department with a copy of the sand analysis certified by the supplier prior to final approval. A qualified engineer must submit written comments stating that the system was installed and inspected per the above referenced plans and revisions. Existing well located on the property is to be used for a water supply per applicant. A satisfactory water sample result for coliform bacteria is to be submitted to the Health Department prior to issuance of an Operation Permit. The well is also to be fitted with a three-piece sanitary well cap. The sewage disposal system is to be constructed as specified by the permit ❑ or attached plans and specifications This sewage disposal system construction permit is null and void if (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of a installation which has been covered prior to approval shall be uncov- ered, if necessary, upon the direction of the Department. Date' Issued by: This Construction Sanitarian PerZ Vali until Date: U—Reviewed by: + _ 2 -----------------------------------------------5----------'--------------------------------- If FHA or VA financing Reviewed by Date Supervisory Sanitarian /` u c nnne o...a--w cue• Date Regional Sanitarian Fait Inboden Environmental Spray Irrigation Monitoring and Maintenance Con Reference No. Type of System Spray Irrigation Owner Address The Lord's Chapel 411 Three Oaks Drive Gore, VA 22637 County Inc. ,''Edinbur V 28 j r� Tax Map No. Premises Address 411 Three Oaks Drive Gore, VA 22637 This contract is for monitoring and maintenance of a spray irrigation system located in Frederick County, Virginia and owned by The Lord's Chapel. The contract herein, is in accordance with the GMP #74 Monitoring of Systems, Part VII (July 14, 1995). Article 1. Applied wastewater analysis monitoring. GMP # 74, Appendix 3 lists the type of analysis monitoring required. To be sampled from the final pump chamber: Q,� Wastewater Analysis Required pH Total Kjeldahl Nitrogen (TKN) Fecal Coliform Bacteria Total Residual Chlorine (if applicable) Total Suspended Solids (TSS) Biochemical Oxygen Demand, 5 day (BODs) Article 2. Component and spray area examination. GMP # 74, Appendix 3, page 2 describes the examination required. 2.1 Component: Component examination includes inspecting the entire system for proper physical, mechanical and biological operation. Listed below includes areas of inspection: Bad odors Surfacing liquids Surface soil collapse Damage to components Alarm system function Disinfection function Proper pump function Proper liquid levels Filter clogging Septic tank build-up • Toll Free: 1-800-648-1010 • Phone: (540) 984-9223 • Fax: (540) 984-3023 • e-mail: ies@shentel.net • �. J 2.2 Spray: Spray examination includes inspecting the spray area for: Ponding of effluent Damage to spray heads Vegetation problems Bad odors Surfacing liquid Proper spray sequence Erosion Article 3. Reporting. GMP #74, Appendix 3, page 2 outlines reporting requirements. 3.1 A narrative report will be prepared on the over-all condition of your spray irrigation system along with the wastewater sample results. 3.2 This report will be submitted to the local Department of Health by Inboden Environmental Services, Inc. and which the owner will also receive a copy. All reports shall be submitted within the 10 working days as required by the Department of Health. Article 4. Frequency of monitoring, examination and reporting. GMP # 74, Appendix 3 describes the frequency of monitoring. 4.1 Frequency: "Once per year at approximately 12 month intervals with spring and early fall as the best time... " GMP # 74, Appen. 3, Collection. Article 5. Maintenance requirements. Maintenance may need to be done from time to time to ensure a proper functioning system. 5.1 Inboden Environmental Services, Inc. must be notified as soon as possible if a problem arises and (or) equipment failure occurs. All labor shall be performed under direct supervision of a Virginia Certified Class 4 or higher operator. It shall be the owners responsibility to redeem Inboden Environmental Services, Inc. for such labor and materials. 5.3 It shall be the owners responsibiliny to maintain the process chemicals in the system, i.e. chlorine tablets. They are to be purchased by the owner through a retailer. The test equipment and reagents for analysis, will solely be the responsibility of Inboden Environmental Services, Inc. Article 6. Responsibilities. All services provided by Inboden Environmental Services, Inc. will be completed in a most efficient and professional manner. 6.1 The protocol, established for collection, preservation of samples, storage, analytical holding times and methodologies as set forth in EPA's 40 CFR 136 shall be adhered to the fullest. I, Terry Inboden, a certified operator by the State of Virginia and approved by the Department of Health, will provide to you a reputable monitoring service program that will meet your VPDES and (or) DOH monitoring requirements. Inboden Environmental Services, Inc. may subcontract it's analytical service to another approved laboratory if Inboden Environmental Services, Inc. determines that such action is necessary or appropriate. 6.2 All maintenance done by Inboden Environmental Services, Inc. shall be done in a professional and skillful manner. The responsibility of the owner and Inboden Environmental Services, Inc. is detailed above in Article 5. Article 7. Warranty. Inboden Environmental Services, Inc. warrants that all analytical work and services will be in accordance with the GMP #74 Monitoring of Systems, Part VII (July 14, 1995) and professional standards. Under these terms and conditions no other warranty is expressed or implied. Article 8. Payment procedures. 8.1 Payment shall be made to Inboden Environmental Services, Inc. within 30 days from dated invoice, after which a 1.8 % monthly interest will be added. 8.2 Inboden Environmental Services, Inc. has the right to cancel this contract for nonpayment of services. This may result in the suspension or revocation of the owner's operation permit if the mandatory monitoring can not be performed. Article 9. Length of contract. 9.1 This contract shall be in effect for a period of two (2) years from dated contract. 9.2 This contract may be canceled or voided with a 30 day written notice from the canceling party. Contract may be voided for nonpayment of services, see article 8.2. 9.3 Notification to the Department of Health of cancellation or expiration within ten working days is mandatory. Article 10. Agreement. THE UNDERSIGNED proposes and agrees to the conditions in this contract and specifications therein. - I alaVf .;za,2. I BODEN ENVIRONMENTAL DATE THE UNDERSIGNED agrees to the conditions in this pricing, contract and specifications therein. PERMITTEE SIGNATURE DATE FREDERICK-WINCHESTER HEALTH DEPARTMENT IDS g9_223 Date „g,iSt 7, 19R9 Tax Ma # RE: Sewage Disposal System Application P 17_17_i�_I�� CERTIFIED MAIL Mr. and Mrs. Richard C. Kaylor P.O. BOX 2806 Winchester, Va. 22601 Dear Mr, and Mr s Kay 1 o r Location: R t 509113 6 Mi R%. 7; 3 to subdivision at end of road Subdivision: Autumn Hill.,, Estates Section 1 Block Lot_ 16' Your application for a sewage disposal system permit filed on July 5, 1989 with the Frederick -Winchester Health Department has been evaluated in accordance with the requirements contained in the Code of Virginia, Title 32.1-163, Chapter 6, Article I, The Rules and Regulations of the Board of Health, Commonwealth of Virginia, Governing the Disposal of Sewage, and the current agency policy and procedures for processing applications for on -site sewage disposal systems. Based on the information filed with your application, and the site and soil evaluations conducted by the Department's representatives, I regret to inform you that your application fd'- an on -site sewage disposal system permit for the above -referenced location is denied. The Department's findings and reasons for denial are set forth below: Position in landscape subject to flooding or periodic saturation. _ yInsufficient depth of suitable soil over hard rock (less than 30" at a slope less than 10%) - Holes 5 & 1 _Insufficient depth of suitable soil to seasonal water table. Hole #& Rates of absorption too slow; estimated rates greater than 120 min/inc . Insufficient area of acceptable soil for required drainfield, and/or Reserve Area. Other This letter is to further inform you of your right of appeal from the decision of the local Health Department, which is specified in this letter. If you desire to pursue your right of appeal in which you may, at your discretion, be represented by counsel, the first step in the appeal process is to submit to: Juan Weiss, M.D., District Health Director ►Frederick -Winchester Health Department, P.O. Box 2056, Winchester, Va. 22601 a written request detailing and outlining all the facts and such other data or information which wosild support your request for an appeals review of the decision that has been rendered. If this office may be of further service to you regarding your application for a sewage disposal system permit, please let me know. M, Sincerely, I Sanitarian 14 Sanitarian Su ervisor Pc: Regional Sanitarian N co m 0 c ab 0 Cn 07 E i C LL CA . P 032 948.653 RECEIPT FOR CERT!NED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTE;INATIONAL MAIL - ICGP 4pvp/.Sp) e .`to & MRS R I CHARD C , Street and No. P.O.. State and ZIP Code agQ S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date. and Address of Delivery TOTAL Postage and Fees S Postmark or Date R el-0 Soil Evaluation Form PAGE -1 OF _ 3 Commonwealth of Virginia Department of Health Health Department I 2-3 3 Identification Num Tax Map Number 7 1 7 b 1 Z- 2-- General Information Date 7 " L09_ _�i�j WNyC. Health Department Applicant 95-1- Telephone No. gS� Address ��!/ ,An� R/C, Ole,IW � r- Owner f/1•CF ,V1,-4 &zO-�&O.E'/ Address %J- � /��C/• ,�f 2y�/^ � Location ~W/4t; y��-Xg ��f Subdivision4`%rl��� Block/Section Lot -W A6 Soil Information Summary 1. Position in landscape satisfactory YeK No ❑ Describe 2. Slope % J1 ii 7 cif 3. Depth to rock/impervious strata Max. Min._ None %i 4. Depth to seasonal water table (gray mottling or gray color) No ❑ Yeinches inches 5. Free water present No,�'Yes ❑ range in inches 6. Soil percolation rate estimated Yeo;CTexture group I II III IV No ❑ Estimated rate SS 60 min/inch 7. Percolation test performed Yes ❑ umber of percolation test holes No,KDepth of percolation test holes Average percolation rate Name and title of evaluator�%� Signature: ' �a4,A e4� Department Use ❑ Site Approved: Drainfield to be placed at depth at site designated on permit ❑ Site Disapproved: Reasons for rejection: 1. ❑ Position in landscape subject to fl- 2. ❑ Insufficient depth of suitable soil c 3. ❑ Insufficient depth of suitable soil tf 4. ❑ Rates of absorption too slow. 5. ❑ Insufficient area of acceptable soi 6. ❑ Proposed system too close to we j 7. ❑ Other Specify _. C.H.S. 201A Revised 4/87 v c DateofEvaluationProfile Description HealthDepartment SOIL EVALUATION• • • No • of Where -local healthdepartment • • w the soilthe locationof profile be • on the schematicdrawing on the co • permit or the sketch submittedwiththeapplication. •il evaluations are conducted by a private soil scientist location of profile holes•sketchof the area investigatedincludingsewagedisposaletc., within• feet of site (See sectionandreserve site shall1'shownon -reverse side of pageor prepared on •. page andattached to this form. 0 See applicationpermit ASee sketchon •• page attached tothis form. Depth (inches) Description of, color, texture, etc. Texture Group icy � : � •r a/ = _ � / ... AiC���l,�If'd�%� -■.� _�!S� i' r CHS201B R•v IJ41B7 V•1A Soil Evaluation Form PAGE -I OF 3_ Commonwealth of Virginia Health Department S D - ? Z 3 3 Department of Health Identification Number Tax Map Number -/ 7 ` / 2- 2- General Information Date Z- Health Department Applicant Telephone No. 8S00' 3 1 - I _ Address � � 'y A 2-26 01 Owner Address Location SubdivisionQ(t,-u ��t.4 Block/Section Lot Soil Information Summary 1. Position in landscape satisfactory Ye# No 0 Describe 2. Slope GD % • 3. Depth to rock/impervious strata Max. 2% Min. None 4. Depth to seasonal water table (gray mottling or gray color) No 0 Yes ❑ inches 5. Free water present No 0 Yeo .L -3 range in inches 6. Soil percolation rate estimated Yes ❑ Texture group 1 II 111 IV No ❑ Estimated rate min/inch 7. Percolation test performed Yes 0 Number of percolation test holes No)l Depth of percolation test holes Average rcolation rate Name and title of evaluator. Signature: Department Use 0 Site Approved: Drainfield to be placed at depth at site designated on permit J (Site Disapproved: Reasons for rejection: 10 Position in landscape subject to flooding or periodic saturation. 2X Insufficient depth of suitable soil over hard rock 3. ❑ Insufficient depth of suitable soil to seasonal water table. 4.0 Rates of absorption too slow. 5.0 Insufficient area of acceptable soil for required drainfield, and/or Reserve Area. 6.0 Proposed system too close to well. 7. ❑ Other Specify C.M-S.201A PAms.a4/e7 V-1 Date of Evaluation Profile Description Health Department SOIL EVALUATION• ) conductsPage. of Where the local health department profileon the evaluationsconstruction permit or the sketch submitted with the application. If soil profile holes and sketch of the area investigated including all structural features i.e, sewage disposal ►. feet of site (See section 4) and reserve site shall be shown on the reverse side of this page or prepared on a separate page and attached to this form. ■ See application■ See construction permit sketch on reverse side or page attached to this form. M 67.7 ITI Description of, color, texture, etc. OWN M:[ E MWF O� CHS2016 n.M..aa.1 V-1A bo r dog 1 0 � 0 Nor -� Cl - w<14C6 TIT �m zo 3s� ZS7 I HtL ,r--S Z// q./cl z- N 2 x►sr►wG PIT'S 3oii CVamaxion f Orm Commonwealth of Virginia Department of Health Health Department Identification Numbers 9 - > 2 3 Tax Map Number :� - 1 7 zL, - General Information Date Health Department Applicant Telephone No. Address Li � �- t-tii lE' D • � C �v � � t'— Owner V I IR, Gi Address Location Subdivision Block/Section Lot Soil Information Summary 1. Position in landscape satisfactory Yes ❑ No ❑ Describe I 2. Slope rr ti 3. Depth to rock/impervious strata Max. .3 Min, Z O None Z� -3 4. Depth to seasonal water table (gray mottling or gray color) No ❑ Yes /' �] � inches 5. Free water present No ❑ Yes�'G � 3 range in inches 6. Soil percolation rate estimated Yes ❑ Texture group 1 II III IV No Estimated rate min/ inch 7. Percolation test performed Yes Number of percolation test holes j No Depth of percolation test holes Average percolation rate Name and title of evaluator: i I Signature: Department Use ❑ Site Approved: Drainfield to be placed at depth at site designated on permit. Site Disapproved: Reasons for rejection: 1. ❑ Position in landscape subject to flooding or periodic saturation. 2. Insufficient depth of suitable soil over hard rock. °r i 3. Insufficient depth of suitable soil to seasonal water table. % 2- 4. Rates of absorption too slow. 5. ❑ Insufficient area of acceptable soil for required drainfield, and/or Reserve Area. 6. ❑ Proposed system too close to well. 7. ❑ Other Specify i 4 C j .Date of Evaluation Proft Ded"47"on Health Department — _ SOIL EVALUATION REPORT Identification No.S- Cit¢7U'.�,'�v�G����tlirvL.'a Page Z of Z Wtwe the local health department conducts the soil evaluation the loestion of profile holes may be shown on the schematic drawing on the construction permit or the sketch submitted with the application. If soil evaluations are conducted by a private soil scientist, location of pro- Rle holes and sketch of the area investigated including all structural features I.e.. sewage disposal systems, wells, etc., within 100 feet of site (SN Seetlon 4) ind reserve site shall be shown on the reverse side of this page or prepared on a separate page and attached to this form. 0 See application sketch p -See construction permit p See sketch on reverse side or page attached to this form. IHole /(/l( irX Horizon Depth (inches) Description of, color, texture, etc. Texture Group 3 'blel r -- _ Zo r- - - 5- z -tL _ Re+nairks: Application for a Sev, .ge Disposal System "'onstruction hermit Comr>ionwevlth of Virginia For Department Use Only Health Department D Department bf Health Identification Number Map Reference —/Z-'Z- t— Health Department Date Received To Be Completed By The Applicant Type sewage system: view ❑ Repair ❑ Expanded ❑' Conditional FHA/VA yes ❑ no ❑ Owner R 00AA 2n a. f GAYLOP Owner AddressF• O• 664. �� Phone \VIRG1NiA 0• iKAILok. ` ,tVA. goof Agent �• t=-•I�yI..ISS Address �r• i �x �7 Phone al1� Directions to Property Rom ) i N e-14Es`f ra — TAKE 11, s R4. Sa L6i=ST APPRoX • 13 6 In ,T�Ei�QI_�T O A3 2�- R 1 3 -- Go 4rpp.ox- ! il0- M i. Ta S ►G A Subdivision r ffrUMAV a1 l .S EsT)q Section f Block Lot 16 Other Property Identificat on I:] 00 0 — 0 0000 -- 000 I -- ©O Dimensions/size of Lot/Property to • 2-14 A cR LS Other Application Information 1. Building/factiity N?/New ❑ Existing Intermittent Use ❑ Yes ❑ No If yes, describe: U. Reeldential Use fg'Yes Termite Treatment Yes Falingle Family Basement NKYes Fixtures in Basement ®'Yes 111. Commercial Use ❑ Yes Commercial/Wastewater ❑ Yes If yes, give volumes and describe. ❑ No ❑ No ❑ Multifamily Number of Units — Number of Bedrooms ❑ No ❑ No "o Describe: VNo Number of Patrons Number of Employees IV. Water Supply: ❑ Public (New Describe: F24rivate ❑ Existing V. Proposed Installation: N't"eptic tank and drainfield ❑ Other If other, describe SITE !IASc �lan (rough sketch) showing dimensions of property, proposed and/or existing structures and PLAN driveways, underground utilities, adjacent soil absorption systems, bodies of water, drainage ways, and wells and springs within 200 feet radius of the center of the proposed building or drainfield. Distances may be paced or estimated. The property lines and building location are clearly marked and the property is sufficiently visible to see the to- pography. I give permission to the Department to enter onto the property described for the purpose of processing this application. 05/19/2010 11:12 540-477-3360 INBODEN ENV SERVICES PAGE 01/10 5790 Main Street Mt. Jackson, VA 22842 Phone 540 477-3300 Fax 540 477-3360 I 1 0 '�'( (P To: Frederick County DOH From: Rachel DeMay Fax: 540-722-3479 Pages: 9+ cover Phone: Date_ 5/19/2010 Res Contract CC: 0 Urgent O For RovJew ❑ Please Comment O Please Reply ❑ Please Recycle Privileged and Confidential: The Information contained in this fax Is Intended only for the person or entity named. Please expedite to the so named. if you receive this fax by error or do not receive the number of pages Indicated, please contact IES, Inc. at 1 500 648-1010. Have a nice dayl 05/19/2010 11:12 540-477-3360 INBODEN ENV SERVICES PAGE 02/10 lnOoden Envirenment-ct services. iric. 5790 Matra Street Mt. Jackson, VA 22842 1E r (540) 477-3300 TOLL -FREE: (800) 548-1010 Monitoring and. Maintenance Agreement FAX: (540) 477-3360 WEB: WWW.41es.corn This Monitoring and Maintenance Agreement ("Agreement") is made effective this day of 3 fi%/a by and between Inboden Environmental Services, Inc., a corporation of the State of Virginia, having offices at 5790 Main Street, Mt. Jackson, Virginia 22342 hereinafter called ("JES"), and The Lord's Chapel premise address at 411 Three Oaks Drive, Gore, VA 22637 billing address of 411 Three Oaks Drive, Gore, VA 22637 said premise is in Frederick county hereinafter called ("CLIENT"). Tax map number for Facility is 17-A-16. RECITALS 1. CLIENT desires to engage IES to provide monitoring and maintenance services for the Facilities as more fully described herein and in accordance with the terms and conditions of this Agreement. 2. IES desires to provide services to CLIENT in accordance with the terms and conditions of this A,greervent. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES DO 14EUBY AGREE AS FOLLOWS: DEFINITIONS The following definitions are for the purpose of this Agreement: Facilities and Facility- Alternate Treatment Unit (ATU) - CLIENT's Spray Irrigation System Services - Performance of monitoring and maintenance services, pursuant to this Agreement Informal Testing -- Testing used to determine if the Facility process is in working order. Formal Testing - Testing used to determine if system is in compliance with discharge permit. DON - Department of health , DEQ - Department of Environmental Quality ARTICLE i -SCOPE OF SERVICES Scope of Services set forth in attached Exhibit A, is to be made a part hereof and in accordance with the terAps and conditions set forth herein. ARTICLE 2 - CLIENT RESPONS113ILITIES CLIENT shall provide IES with the items and assistance set forth in Exhibit B, attached hereto and made a part hereof. ARTICLE 3 - COMPENSATION AND PAYMENT 3.1 IES, shall render services herein and CLIENT shall pay IES compensation set forth in Exhibit E, attached hereto and made a part hereof, in accordance with the payment provisions set forth therein. i 3.2 IES will invoice CLIENT for. the Services in accordance with the provisions of Exhibit E. IES invoices shall be paid CLIENT within 30 days of receipt thereof by CLIENT. No payment to IES shall be withheld by CLIENT for any reason while IES is providing the Services. 3.3 CLIENT shall pay interest at the rate of one and one-half percent (1-1/2%) per month on any amounts not paid in accordance with the payment provision of this Agreement. IES's right to interest on any unpaid amounts shall be in addition to any and all other rights IES has pursuant to this Agreement and applicable law. 05/19/2010 11:12 540-477-3360 INBODEN ENV SERVICES PAGE 03/10 ARTICLE 4 - AUTHORIZED REPRESENTATIVES The following individuals are the authorized representatives of IES and CLIL-NT, respectively, to exccute this Agreement. IES: Terry J. Inboden President Inboden Environmental Services, Inc. 5790 Main Street Mt. Jackson, VA 22842 Pbone- (800) 648- 10 10 CLIENT: The Lord's Chapel Attn: Sue Adams 41.1 Three Oaks Drive Gore, VA 22637 (540) 858-3312 The parties must provide witten notice of any changes to the authorized representatives in advance of such change. ARTICLE 5 -TERM 5.1 This Agreement shall become effective when signed by the authorized representatives of both parties hereto. IES shall commence providing the Services on 3ZO/0 . This Agreemcnt shall remain in effect unless extended or terminated as provided herein so long as CLIENT provides payment to IES, in accordance with this Agreement for t`vo (2) years. 5.2 This Agreement shall be automatically renewed for subsequent one (1) year term, unless one of the parties gives written notice to the other at least thirty (30) days prior to the termination date of its desire to not renew the Agreement. ARTICLE 6 - LT TATION OF UABILTY 6A Notwithstanding any other provisions of this Agreement, IES's total liability to CLIENT for any loss or damages from claims arising out of or in connection with this Agreement from any causc including IES's strict liability, breach of contract or professional negligence, errors and omissions shall not exceed the proceeds of IES's liability insurance required under this Agreement_ In no event shall either party be liable to the other for special, indirect, incidental or consequential damages whether or not such damages were foreseeable at the time of the conunencemew of the work. 6.2 IES warrants that all analytical work and services will be in accordance with the Alternative Discharging Regulations and professional standards. Under these terms and conditions, no other warranty is expressed or implied. ARTICLE E 7 -- STANDARD OF CARE IES will provide the Services to CLIENT under this Agreement in accordance with the Facilities O&M Manuals and generally accepted standards as applied to similar projects performed under similar conditions prevailing in the community. 05/19/2010 11:12 540-477-3360 INBODEN ENV SERVICES PAGE 04I10 ARTICLE 8 - TERMINATION 8.1 Terraxination For Default Either party (the "Termination. Party') may terminate this Agreement if the other party (the "Breachiotg Party") fails to fulfill its obligation under the Agreement through no fault of the Termination Party, provided that the following procedure is strictly adhered to. 8.2 The Terminating Party must give the Breaching Party written notice setting forth the reason for the termination. 8.3 IES has the right to terminate this contract for nonpayment of services. This tray result in the suspension or revocation of the CLIENT's permit if mandatory monitoring and maintenancc cannot be performed. 8.4 Notification to the DepaMer>t of Health (DOH) of termination or expiration of this contract is mandatory. ARTICLE 9 -RECORDS 9.1 IES shall mail copies of all final compliance reports to the Department of Health office. It will be the responsibility of the CLIENT to submit copies to the Department of Environn3entai Quality (DEQ). IES will mail all original documents to the CLIENT. 9.2 IES maintains records of the CLIENT's Facility including: documentation of sampling, test results, alarm activation i»cidents and all corrective maintenance and repairs. 9.3 IES shall maintain records of the operation and maintenance of the Facilities in accordance with the Scope of Services described herein for a period of 5 years from completion of services. Such records shall be made available for the CLIENT's inspection at all reasonable titnes during normal daylight office hours and upon twenty-four hours advance notice to IES. A $ 3.00 per page cost for copies made from IES's fides will be charged. These records shall be maintained at the Inboden offices at 5790 Main Street, Mt. Jackson, Virginia 22842. ARTICLE 10 -- NOTIFICATION 10.) IES shall be notified as soon as possible if a problem arises and (or) equipment failure occurs_ IES will complete the repairs within 48 hours upon notification that repairs are needed. AU tabor shall be performed under direct supervision of a Virginia Certified Class 4 or higher operator. It shall be the CLIENT's responsibility to redeem IES for such labor and materials as set forth in Exhibit C and E, attached h ereto and made a part hereof. 10.2 Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in the dwelling if full and complete repairs cannot be accomplished within forty-eight (48) hours and if the local health department determines that pumping and hauling is necessary to protect public health and the environment. IES hall not be held liable for pump and haul situations that are beyond IES's control; such as and not limited to: biological inactivity or activity, major repairs that cannot be completed within the forty-eight (48) hour time period (major repairs - sand replacement, replacement of tanks, piping, inclement weather, and difficulty in obtaining replacement parts due to availability). 10.3 When IES becomes aware that maintenance of repair is necessary, IES must deliver written notice detailing the problems and needed corrections to the CLIENT within twenty-four (24) hours and provide a copy to the appropriate local health department. 05/19/2010 11:12 540-477-3360 INBODEN ENV SERVICES PAGE 05/10 ARTICLE 11- CHANGES Department of Health or Department of Environmental Quality may request changes in the required services within the general scope of the Agreement in the Work and Services (as described in the SCOPE OF SERVICES) to be performed. All changes to this Agreement must be in writing and signcd by both Parties. If any such changes cause an increase in. IES's costs and/or increase the time required for, or the nature of, performance of the Agreement, IRS shall so notify CLIENT within thirty (30) days of receipt of the change order notification, an equitable adjustment shall be made in IES's Compensation and the Agreement shall be modified to mflect required changes and CLIENT. ARTICLE 12 -- SEVERAEILITY Any provision or part thereof this Contract held to be void or unenforceable under any law or by arty or arbitration panel shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties may reforni or replace such stricken provision or part thereof with a valid and enforceable provision which expresses the intent of the stricken provision. ARTICLE 13 — ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties with respect to the subject matter hereto and there are no verbal understandings, statements, or stipulations bearing upon the meaning or effect of this Agreement. This Agreement may only be modified or amended, by written instrument executed by both parties, except as may be otherwise provided herein. rN WITNESS NVI-M&EOF, the parties have caused this A,greenncnt to be executed by their duly authorized representatives. (" CLIENT") BY: /` da7yxl (Signature) NAME: ��C(�Gt ig AZ� (,print) TITLE: DATE: ~� BY: NAME: Terry J. Inboden TITLE: Presi d en t DATE: s�L V SERVICES PAGE 06/10INBODEN EN 05/19/2010 11:12 540-477-3360 —• EX XBT— A, SCOPE, OF SERVICES Inboden Environmental Services, Inc. (JES) agrees to monitor and maintain the CLIENT'S Onsite Wastewater Treatment System, hereinafter referred to as the "Facilities" or "Facility." These services include the following: JES will visit the facilities on an annual basis, based on the start date of this contract. Annual testing will be performed per the terms and conditions set forth in Exhibit C. JES will provide all wages and salaries for the assigned certified Class IV wastewater personnel visiting the Facility. 2. JES will pay expenses as required which include: 1) personnel costs for all staff 2) vehicle suitable for transporting equipment and operators 3) test equipment and reagents for analysis 3. IES will provide preventative maintenance when deemed necessary to prolong and protect the operation of the Facility. This includes a visual Facility inspection, process controls adjustments, and minor maintenance. Repair, replacement and major maintenance; lift pumps, irrigation pumps, spray guns, or nozzles, electric control work, pumping of tanks, cleaning of bio-filters, etc., is not covered and will be invoiced according to the terms and conditions set forth in EXHIBT E. d. IES will snake adjustments to the Facilities to control and improve the Facility process. IES will not be responsible for adjustments trade to the Facility not performed by IES. 5. IES will maintain all monitoring reports for a period of 5-years, in accordance with the terms and conditions set forth in ARTICLE 9 - RECORDS. 6. IES agrees to properly secure the Facilities within the limit of existing security devices as provided by the CLIENT. IES will oot be responsible for accidents arising from unlocked tank man -ways & hand -ways, filter man -ways, chemical feeders, electric control panels or other protective devices. 7. IES agrees to assist CLIENT with enforcement of any equipment warranties and guarantees at the Facility. 8. IES shall advise CLIENT of capital improvements that are needed. They may include major rehabilitation or overhaul of equipment, placement of equipment or improvements required for the operations of the Facility in accordance with permit limitations and standards. 05/19/2010 11:12 540-477-3360 INBOUEN ENV SERVICES PAGE 07/10 E, XHIBI B CLIENT RESPONSIBILITIES 1. CLIENT shall maintain all easements, licenses, permits and equipment warranties for the mutual benefit of both parties_ 2. HOMEWONTER shall permit the operator to enter onto the premises to conduct the monitoring and maintenance of the Facility. A CLIENT representative may need to be at the Facility to access the electric control panel located inside of the house. IES will contact CLIENT if a representative is necessary to complete the monitoring and maintenance. 3. IES shall have no liability to CLIENT with respect to bodily Wury, loss, damage and destruction to the Facility covered by such policies or in excess of such policies, nor shall IES be liable to CLIENT or its insurance carrier for subrogation right for payments made through the policy or any damage. The provisions of this paragraph do riot apply where the loss, damage, and destruction were caused by negligent acts of omissions of IES, its employees, subcontractors or agents. 4. CLIENT shall provide all utilities including potable water (if available), electricity, etc. to ensure operation of the Facilities. IES will not be responsible for damage to the treatment Facility or treatment inability and damages associated therewith, if CLIENT disconnects electric power or disables any portions of the Facilities equipment. 5. CLIENT shall provide cost for all extra off -site testing when needed to assess the operation of the facility as set forth in Exhibit C. & E. 6. CLIENT shall provide removal, pumping, and transportation and approved disposal site for screenings, grit, sand filter sand, peat moss, bio-fabric (if applicable), and sludge disposal at no cost to IES. 7. Should Facilities' hydraulic, organic, and/or inorganic loading exceed Facility plant design parameters and treatment capabilities or should the influent to the treatment. plant contain contaminants which violate Ordinances or improper operations between visits that upset the Facility or the Facilities cannot meet the permit limitations when operated accordingly with the Facilities Operation and Maintenance manual and generally accepted standards as applied to similar Facilities under similar conditions prevailing in the conununity , IES shall in no way be responsible for associated effluent characteristics or damages associated therewith. IES shall advise CLIENT of the abnormal situation and recommend an action plan. 8. The CLIENT shall provide to IES a copy of CLIENT's permit. The CILIENT shall also provide to IES all correspondence to and from, but not limited to, the Department of Health (State and Local), Departttient of Environmental Quality, Environmental Protection Agency or other government organizations or environmental groups that directly or indirectly involve or relate to the Facility. IFS shall in no wise be responsible for unforeseen or unknown conditions or requirements that relate or indirectly relate to the Facility from any third parties. 05/19/2010 11:12 540-477-3360 INBODEN ENV SERVICES PAGE 0B/10 EXHIBIT C TESTING TYPES SUGESTED LIMITS, AND FREQUENCY MONITORING '.TYPES A) Analytical Testing Informative testing includes onsite & offsite testing. The informative testing determines if the CLIENT's Facility is operating properly to prolong and protect their investment, srameter PR Total Suspended Solids BODs TKN Fecal Coliform Total Residual Chlorine Location Pump Tank Pump Tank Pump Tank Pump Tank ,Pump Tank Pump Tank (if applicable) B) Inspection Component: Component examination includes inspecting the entire system for proper physical, mechanical apd biological operation. Listed below includes areas of inspection: Bad odors Damage to components Proper pump function. Septic tank build-up Surfacing liquids Surface soil collapse Alarm System Function Disinfection function Proper liquid levels Filter clogging Spray: Spray examination includes inspecting the spray area for: Ponding of effluent Damage to spray heads Vegetation problems Bad odors Surfacing liquids Proper spray sequence Erosion FREQUENCY ALL FACILITIES Wormative testing is performed on all facilities annually. REPEAT TESTING AND PISITS If informative testing reveals deficiencies, an additional visit and test is required. a) An example copy of an analytical report is in EXHIBIT D. Call -outs on the example analytical report point out where and how to compare your test results With your permit limitations. CLIFNT's limits on the example analytical report may be different. 05/19/2010 11:12 540-477-3360 INBODEN ENV SERVICES PAGE 09/10 EXHIBIT D EXAMPLE COPY OF ANALYTICAL REPORT �• . ,, . < I>n b oden H a,vimainental Services. Inc. 90 Main Street Phony: (540) 47T-3300 li Mt ,tlai*soo, VA 22842fax: (540) 477.33fA Analytical Report.Form Pape No. 1 011 TO; r, p —ri et tix '� Dead' out) JD6 1?4AnywhereLana PrgjeCt- ATllltgnho!Iny Somewbore, 1/A 0000a Project 01 000000 411torepr # go PSMa't DS - 00000oo A.ito: Mr, and Mrs. John. D4* . :fO.Utple ntL .eLfous ... . S041p pate Time som1wo Sample+ 0ato No, Son-4.* ux;at<on 9ernp4d Setnptad Type Imldels nocelvad Ol conmi !'44' 0W1105 1200 FM &0 A6 oli01I1}S 02 Conteat Tent. ol(WITS 12:00 W Grab As 07!b1I0a Serrp Ng, Tact Dseorip 0h Rseulta UAto A+iplvv Too Dolt* Toot TTrM Regatrdlorr unaf 01 Odor No SMIth, J 01A)110& 1.2:20 PM ;,tight musky 01 Cplor 2Wtac Smith,J 01mirloS IIfooPM <15Units 01 PH 7.6 9tC. UNLm Smith, J 01101105 12:00 MI 0.0+4.Q Sid, Units 01 Totat Chloy-.1" paslop, 2,2 MWI emith, J 01/01,•05 1.2roo Mai 14 • IL4 molL 02 0006 5 mg1L Scabby J Q1i421*05 11-M PM aD m0(t. k0wrinRtm Oa Talm ouettantlsd Bawl t£ MOIL slttlthr J 01AIM06 lkoo PM 80 mtpL WaylWoum -02 AhW Coliform a 1 NICK smith, J fllt'01106 04:00 Phl 20VN-CML MaxkVWm rF 0 - 150.1 Tpre1 Suspamded Sulds - 160.2 "M,tetheds far Ch�lltxil Analysis of vYyrrr• & v+'bpt!?', V-5. tisYirgnmenlel ProteaUon Apenmy, EPA - 80W.-M420, Rwlaad 1003. F4oi cdUorm - 9222 D GOD5 • 521p8 NADI IApyarentl • P1311nem Cobah, 2150 5 "W"dets Wthmdt }or 0-4 R5 ofnAotian ryr Water and Wast"tw', 10th Edklon,, 1992, Total Residual Chlorine - Cmlorlmebie, OfID A 157 Hr oh WOW AaMlytle Whdbwk 2nd. Edl?Wt. WAAA-P 09000170 3 05/19/2010 11:12 540-477-3360 1NBUDEN ENV SEKV.1Utb I"Hur- 1U( LU EXHWIT E COMPENSATION 1. ANNUAL FEE b) CLIENT shall pay IES a yearly fee of $195.00 to monitor and maintain the Facilities as defined in this Agreement, with adjustments and additions as contained herein, based on a starting date of O c) The yearly fee shall be payable after each annual service visit and shall be payable by CLIENT within 30 days of receipt. 2. ADJUSTMENTS AND ADDITIONS TO ANNUAL CONTRACT FEE a) Additional work outside the nomal operations, monitoring and responsibilities set forth in Exhibit A, shall be at a rate of $ 45.00 hour during normal business hours (Monday - Friday 8:00 am - 5:00 pm). b) Emergency labor needed to complete repairs within 48-hours, as set forth in ARTICLE 10 - NOTIFICATION, will be invoiced at a rate 1.3 times the normal business hour rate sct above. c) Pumping of tanks or filters is not included in the above pricing. d) Extra site visits for deficiencies will be invoiced at a rate of$150.00 per visit. e) An invoice for additional work and visits will be provided, detailing all work performed and shall be payable by CLIENT within 30 days of receipt. f) Fuel surcharges are added to invoices and are based upon current fuel prices. 9 F�F �:fi 6#2336 t , AUTM HILLS ESTATES DR OF iEDICATION . 4. a s . C�iic.�Pt /moo a,•.r. 4 4...r. 251 THIS DEED W DEDICATION JOW DECLARATION Or PLAT for AUTUM HILLS ESTATES, Section _i. ._., made and dated this j* day of A- _, 1978. WH8REAS Timberlake Associates, a Virginia general partnership, desires to dedicate, plat and subdivide a portion of that certain parcel of land, containing 320.52 acres, more or less, conveyed to it by a Deed from Charles 0. Cornelison, Executor, at al, dated the 30th day of December, 1972, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Hook 402 at page 366 and following. NON• THEREFORE, THIS DEED OF DEDICATION AND DECLARATION OF PLAT. WITTHE_R&ETH: The platting and/or dedication of the y following described land is with the free consent and in accordance with the desire of the undersigned owner. Timberlake 9 FF t =wiat*s, as evidenced by the pignature of the partners ` thereof. All of that certain parcel of land, ° located in Gainesboro MagisterialDistrict, Frederick County, Virginia, more particularly shown and described on those certain sheets r prepared by David Lee Ingram, Certified Land Surveyor, attached hereto and descri }� as Plats through of Section_ }_ of Autumn-l=s Estates, con aining .d r acres, more or lass andA tractss bei ng a Tr #' portionof the real property conveyed to Timberlake Associates by Deed of Charles O. Cornelison, Executor of the Estate of Nilter.H. Young; deceased.,and Margaret C. Y ungr which Deed is recorded in the afore- said .Clerk's Office in Deed Book 402 at Page " 366, and following. The tracts 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. All streets and roads shown on the attached plat are not publically owned within the meaning of S 15.1-478 of f ecru- 494 2.52 the Code of virginia, 1950 as auended, nor are they publically Maintained. �. Eo structure or building ofany kind, or construction of any sort shall be placed or begun upon any numbered tract of this subdivision unless.and until plans and description of same shall have been substAted in,duplicate to, and approved in writing by the Architectural Committee. appointed by the Board of Directors of the Autumn :sills Estates Property Owners Association, Timberlake Associates or its assigns. 3s Except with the written consent of the Architectural Casaxittee, no mobile home, mobile house, house trailer, tent or any other temporary living quarters (including basements' of homes to be constructed) shall be placed, maintained or occupied on any tracts provided, however, that mobile travel trailers, self propelled motor homes and tents for camping may be used on all tracts for a period not exceeding thirty (30) days at any one time, provided they are at least fifty (50) feet from the nearest property line, and are screened either by woods or a combination of trees or shrubbery, and are not visible either.by the occupants of the adjacent property or from streets androadways. This restriction does not prohibit the parking of unoccupied travel trailers, travel camper units or self propelled motor homes in driveways and parking areas of single family homes when said driveways and parking areas have been approved by the Architectural CoMmittee. 4. No temporary structure or outbuilding shall be placed or erected on any tract; providee, however, that the Architectural Comittee may approve the construction of a permanent building for the'storage of tools and other small equipment provided such building shall become a permanent Joutbuilding of the residence when constructed and is not —x- 1 i J E a 494 ►are 253 lb used as living quarters. The Architectural Cosaittee may also. I• upon proper applicationp grant permission for a temporary structure for the storage of tools, equipment and materials during construction. S. Any structure erected or placed on any tract shall be set back at least fifty (50) feet from front and rear property lines, and thirty (30) feet from eac), side property line. The Architectural Committee shall have the authority to allow variances and ad3ustmentu to this restriction which do not conflict with governmental ordinances and regulations in order to overcome practical diCHAculties and to prevent unnocessarr- hardship in the application and enforcement ol. the -provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, :sags, amoue, masonry or composition, but must be finished cs painted in such a manner as not to detract fray or mart.'is natural beauty of ` the surroundings. All structures constructed or placed on any tract shall be cons*�:ucted �viu` a Sstn5.ial qugr.tity of new materials and no used structures shall be relocated R ` or placed on any tract. 'w 7. All single --story, split-level or split -foyer dwellings ,- must contain'a minimum ground -floor area of one thousand (1000) square feet and must•be at least twenty (20) feet r vide on the side, front, or back. nearest the street or road~ray.• All too -story dwellings must contain a minimum ` ground floor area of eight hundred (800) square feet and must contain a minima# of two hundred (200) square feet on the second floor, and as to the side, fronte or back nearest -f the, street or roadway, it must be at least twenty (20) feet de. All square footage computations shall to exclusive of porebes, patioa,,garagese basements and storage areas. no w 3 ate 494 FAU 254 s�ewmatrwictWin or improvements shall be made upon areas reserved for easements. S. Each property owner erec,_aq a dwelling on their tract shall have nine (9) months frog the beginning of construction to complete the exterior construction, including grading, seeding:and landscaping. The Architectural Ci ittes shall have the authority to approve an extension of time in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of this prevision. 9. Garages, porches, patios, carports or storage buildings, if built, shall be attached to, and a part of the main dwelling, unless otherwise approved in writing by the Architectural Comwaittee. 10. no more than one single-family dwelling may be built on any one tract and no tract may be subdivided or easements granted without the written approval of Timberlake Associates, its successors or assigns. 11. No dwelling shall be used for any other than single- fasiily residential purposes, except on tractp otherwise designated by Timberlake Associates, its successors or Abeeigns, and no offensive activity shall be carried on, in '=seoerate structures axed/or on said tracts, nor shall anything &ae thereon whir: may constitute or become an annoyance or a nuisance. 12. No owner of any tract shall build or permit the f, building thereon of any dweiling house or otnar structure #A, that is to be used as a model or exhibit unless prior written °Pesmis lion to do so shall have Ibnen obtained from Timberlake 'A"cacates, its successors or assigns. 13. Any dwelling or othe^ structure on any tract in the Section or Subdivision, which may be destroyed in whole or - 4 - .,/ 1 i\ ty N N Q N N r` ,F,Z�Cq N c � a -v t0 c U FM c 0 L, E ca cc is ro c M cc A �a 010007884 PM THIS DEED made and dated this day of June, 2001, by and between EDWARD S. HARVEY, party of the first part, hereinafter called the Grantor, and DUFF D. ME.ANS Il and MARY C. MEANS, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantor does hereby grant, sell, bargain and convey with General Warranty and English Covenants of Title, in fee simple absolute, unto the Grantees jointly as tenants by the entireties with right of survivorship as at common law, it being intended that the part of the one first dying should then belong to the other, his or her heirs or assigns, the following properties: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, located in Gainesboro Magisterial District, on Timber Ridge, Frederick County, Virginia, designated as Tract 23, Section 4, of Autumn Hills Estates, as more particularly described in the Deed of Dedication, dated July 6, 1978, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 494, at page 251, and more particularly described as Lot 23A containing 6.21 acres, more or less as shown on that certain Consolidation Plat on Lot 23 of Autumn Hills, Section 4 and a portion of the property of The Lords Chapel, Inc., prepared by Edward W. Dove, L.S., dated June 8, 2001, which said Plat is of record in the aforesaid Clerk's Office, as Instrument No. 010007265 and which is by this reference hereby made a part hereof as if set forth in full; and being a portion of the same real property which the Grantor herein acquired by Deed dated December 21, 1998 from Brian H. Krueger, which said Deed is of record in the aforesaid Clerk's Office in Deed Book 924, at Page 1287; and a portion of the same real property which the Grantor herein acquired by Deed dated June 20, 2001 from The Lords Chapel, Inc., a Virginia Corporation, which said Deed is of record in the aforesaid Clerk's Office in as Instrument No. 010007804. AND All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, located in Gainesboro Magisterial District, on Timber Ridge, Frederick County, Virginia, designated as Tract 24, Section 4, of Autumn Hills Estates, as more particularly described in the Deed of Dedication, dated July 6, 1978, and recorded in the aforesaid Clerk's Office in Deed Book 494, at Page 251; and being the same real property which the Grantor herein acquired by Deed dated December 21, 1998 from Herbert E. Cottrill and April K. Cottrill, husband and wife, which said Deed is of record in the aforesaid Clerk's Office in Deed Book 924, at Page 1289. And being more recently and particularly described by Lot Survey on Lot 23A and Lot 24 of Autumn Hills Sect 4 drawn by Edward W. Dove, L.S,, dated June 20, 2001, which said Lot Survey is attached hereto and by this reference hereby made a part hereof as if set forth C N v Cr r O ice.) CJ1 in full. J Reference is hereby made to the aforesaid instruments and Deed, and to the references therein contained, for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: (SEAL) EDWARD S. HARVEY STATE OF VIRGINIA CITY OF WINC HESTER,towit: I, Y:�04A� CA V!!� a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that EDWARD S. HARVEY, whose name is signed to the foregoing DEED bearing date the day of June, 2001, has personally appeared before me and acknowledged the same in the City of Winchester, Virginia. 0- Given under my hand this day of June, 2001, My Commission expires HARRHIDEEDSWARVEY TO MEANS.DED.wpd 41, THIS DEED OF DEDICATION AND DECLARATION OF PLAT for AUTUMN HILLS ESTATES, Section _ made and dated this i; 1978. -,_ day of WHEREAS, Timberlake Associates, a Virginia general partnership, desires to dedicate, plat and subdivide a portion of that certain parcel of land, containing 320.52 acres, more or less, conveyed to it by a Deed from Charles O. Cornelison, Executor, et al, dated the 30th day of December, 1972, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 402 at Page 366 and following. NOW, THEREFORE, THIS DEED OF DEDICATION AND 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, Timberlake Associates, as evidenced by the signature of the partners thereof. All of that certain parcel of land, located in Gainesboro Magisterial District, Frederick County, Virginia, more particularly shown and described on those certain sheets prepared by David Lee Ingram, Certified Land Surveyor, attached hereto and describe as Plats through of Section , of Autumn Hills Estates, containing: acres, more or less and tracts; being a portion of the real property conveyed to Timberlake Associates by Deed of Charles 0. Cornelison, Executor of the Estate of Walter H. Young, deceased, and Margaret C. Young, which Deed is recorded in the afore- said Clerk's Office in Deed Book 402 at Page 366, and following. The tracts 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. All streets and roads shown on the attached plat are not publically owned within the meaning of S 15.1-47B of f used as living quarters. The Architectural Committee Tn.!--- upon proper application, grant permission for a temporary structure for the storage of tools, equipment and materials during construction. 5. Any structure erected or placed on any tract shall be set back at least fifty (50) feet from front and rear property lines, and thirty (30) feet from each ;side property line. The Architectural Committee shall have the authority to allow variances and adjustments to this restriction which do not conflict with governmental ordinances and regulations in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of the provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from or mar the natural beauty of the surroundings. All structures constructed or placed on any tract shall be constructed with a substantial quantity (of new materials and no used structures shall be relocated Jor placed on any tract. 7. All single -story, split-level or split -foyer dwellings must contain a minimum -ground -floor area of one thousand (1000) square feet and must be at least twenty (20) feet wide on the side, front, or back nearest the street or roadway. All two-story dwellings must contain a minimum ground floor area of eight hundred (800) square feet and must contain a minimum of two hundred (200) square feet on the second floor, and as to the side, front, or back nearest the street or roadway, it must be at least twenty'(20) feet 11wide. All square footage computations shall be exclusive of Ilporches, patios, garages, basements and storage"`areas. No - 3 - TBIS DEED 0? DEDICATION AND 017CLARATIOIN OF PLAT for UTT-­7 T4ILLS section made and dated this _� `lay of <11 1 191 978. "MEREAS, Tim'-Jerlalxze Pssociates, a F general rlesires. to delicate, plat --in(J subdivide f'I --irtion of that certain parcel 0' F lant , -nrtainirr-, acres, cres, rnore or less, conveyed to it by a Df:.--ed, from Charles Cornelison, Executor, et al, dated th6 30-th dav of -ocember, 1972, recorded in the Office of the C'Ierk of the Circuit Court of Frederick County, Virginia, in P^erl -lool-, 402 at tollowin(_7. 'I'l"IS DEED OF WIDICATIOT'I Ai DFCLA�'T:,,' IM LAT. WITNESSE'r-M: The 3.:)latting and/or dedication of the I ,nrl. in ,)llc).,Tinq t.lescriled land -is ;Ath ti-e free consent a l accordance with the desire of the undersigned o-vyner, Timberlake '.ssociates, as r2videnced by the signature of the 7-).:irtn.ers _- the r e o Fr 7M of that certain - -)arcel of lan:!, located in Gainesboro Magisterial 'District, 'Pre!derick Count-,11, Virginia, more ,)articuiarly ,;hown and described on those certain sheets prepared 1y D_.-3vid. Lee Tncrain. ri,rtifie,4 Land Surveyor, attached hereto anJ described as Plats 47hrou(Th of. !I-ection of Autumn :ills 3-states, containing _�0.3 acres, -.-,ore or less and tracts; oein,,-r a ,portion of tl.-.e rail property conveyed to Timberlake Associates by 7,o2e,! of ('Illarltms Cornelison, IlIxecutor of the T'state of TtTplter Yc.,,un,7,, deceased, and ',`arc 'Taret .,ounq, which K,.--.ed is recorded in the afore -- said Clerk's Office in -Rook 402 at 366, and following, The tracts in this subdivision ara specifically subject 1--o the following covenants, conditions, reservations and restrictions, which s.hall apply to each and every 10-t- on the attached plat, except Where res,,.=ed as herein T)rovided 1. All streets and roads shown on the attached Dlat �are not publically owned within the meanina of q 15.1-47B of the Code of Virginia, 1950 as amended, nor are they publically maintained. No structure or building of any kind, or construction of any sort shall be placed or begun upon any numbered tract of this subdivision unless and until plans and description of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Autumn trills Fstates Property Owners Association, Timberlake Associates or its assigns. 3. Except with the written consent of the Architectural Committee, no mobile home, mobile house, house trailer, tent or any other temporary living quarters (including basements of homes to be constructed) shall be placed, maintained or occupied on any tract; provided, however, that mobile travel trailers, self propelled motor homes and tents for camping may be used on all tracts for a period not exceeding thirty (30) days at any one time, provided they are at least fifty (50) feet from the nearest property line, and are screened either by woods or a combination of trees or shrubbery, and are not visible either by the occupants of the adjacent property or .from streets and roadways. This restriction does not prohibit the parking of unoccupied travel trailers, travel camper units or self propelled motor homes in driveways and parking areas of single family homes when said driveways and parking areas have been approved by the Architectural Committee. a. No temporary structure or outbuilding shall be placed or erected on any tract; provided, however, that the Architectural Committee may approve the construction of a permanent building for the storage of tools and other small equipment provided such building shall become a permanent outbuilding of the residence when constructed and is not used as living quarters. The Architectural Committee may also, u?on proper a.p.plicationr grant pt-=,ission for a temporary tructure for the storage of tools, erTili-oment and materials, wring construction. 5. Any structure erected or placed on any tract shm.1-1. be set back at least fifty (50) feet from front and rear 4- pro�3ertv lines, and thirty ('110) feet from each side r)ron-r.-y line. The Architectural Cornmittee shall have the authority to allow,variances and adjustments to this restriction which Clo not conflict with q over rffiienta 1 ordinances and regulations in order to overcome prac,"--ical difficulties an,,j to prevent unnecessary in th-, a-0plin,,ition anel enforcoment of hIe provisini-is cond taineherein. 6. �suildings may be of traditional or modern nd may be constructed of wood, logs, stone, masonry or sition, but must be finished or painted in such a anner as not to detract from or mar the natural beauty of 1,'o surroundings. A1.1 structures constructe,4 or n1aced on ny tract shall be constructed with a substantial quantity f new materials and no used struc-t-ures shall be relocated. Placed on any tract, 7. All single -story, or split -foyer dwellings t contain a rinirmun ground -floor area of one thousan,9 1000) square feet and must be at least twenty (20) feet ide on the sLlle, front, or back nearest the street or oadway. All two-story dwellings must contain a minimumL round floor area of eight hundred (:41)0) square feet and M4niL.IUM Of ust contain a L. - two hundred (?00) square f-.et on he second floor, and as to the side, front, or back nearest he street or roadway, it must be at least twenty (20) feet All souare footage conputations shall be exclusive of porches, patios, garages, basements and storage areas. construction or improvements shall be made upon areas reserved --or easements. 3. Each property owner erecting a dwelling on their t-ract shall have nine (9) months from the beginning of construction to complete the exterior construction, including grading, seeding and landscaping. 77he Architectural Committee Shall have the authority to approve an extension of time in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of this provision. 9. Garages, porches, patios, carports or storage buildings, if built, shall be attached to, and a part of the main dwelling, unless otherwise approved in writing by the Architectural Committee. 10. No more than one single-family dwelling may be built on any one tract and no tract may be subdivided or easements granted without the written approval of-imberlake .ssociates, its successors or assigns. 11. No dwelling shall be used for any other than single-- amily residential purposes, except on tracts otherwise esignated by Timberlake Associates, its successors or ssigns, and no offensive activity shall be carried on, in eparate structures and/or on said tracts, nor shall anything e done thereon which may constitute or become an annoyance r a nuisance. 12. No owner of any tract shall build or permit the uilding thereon of any dwelling house or other structure hat is to be used as a model or exhibit unless prior written ermission to do so shall have been obtained from Timberlake ssociates, its successors or assigns. 13. Any dwelling or other structure on any tract in the Irection or Subdivision, which may be destroyed in whole or in -,part by fire, windstorm, act of rod or any other cause?, rust 1,e rebuilt and/or all Oebris removed tan i the property restored to a 'sightly condition with rt-,,,.-ISOTi able Promptness. Ir no cvent shall suCll or :,.ta4to of non -repair exist onger than six (6) months. 14. Tto Architectural Conmittee shall have the right the height and. 11and authority to set up regulations as to tI ize requirements for all types of buildings and structures n any tract, including fences, walls, and copings. 15. Tri order to preserve the natural quality and aesthetic ppearance of the subdivision, all -Fez (7­,5; on ary trInct lust' 11be approved in writing by the Cor,­Iittc:,a- 'Zhis j6pproval will specify the type of fence, materials, cclorf eiq*rit, length and other construction specifications. 16. All outdoor clothes lines, poles and similar equipment all be so olaced or screened by shrul)h,erly or trees so as t to be visible frorany street, roa( 7 T,. j j Ilrecreation area within the 17. -.inberlake :!,ssociates, its successors or assicins, ,serves a right of way and/or an easement upon, over, cross and through said tracts for the purpose of assigning, aerating, maintaining and _repairing -public utility lines or �lnctrical, teler)hon-.,, other -oublic utilities, and rainage for surface water where necessary to maintain ro,per drainage for the protection o-I nronerty, a-,I-mcar,?nce the health and safety of property ownt­_rs, roservin(T t-o im-berlake rkssociates, its successors or assigns the solo iqht to convey the rights hereby reserved. 18. 11-1 the event an owner of any tract in the Subdivision 11 -Fail to maintain the T)remises or the improverients 11situated thereon in conformity witI-t these restrictions, the Prm-_)ertv Owner's Association siiall tlc, riqht, throucib its agents and employees, to enter upon the premises and repair, maintain and restore the Property and improvements to the exterior of the dwelling, structures and any other improvements erected thereon. The cost of such repair and maintenance shall be added to and become a part of the annual charge to which such tract is subject. 19. No living tree over six (6) inches in diameter shall be cut down or removed from any tract, without permission of the Architectural Committee, unless it is within twenty (20) feet of the main dwelling or within ten (10) feet of accessory buildings of the approved site for such dwelling or building. However, any tree which is a threat to the health, safety and welfare of any person may be removed immediately without such permission. 20. No open fires shall be permitted on any part of the 2- - property, except in outdoor fireplaces and incinerators equipped with fire screens, unless written approval is obtained from Timberlake Associates, its successors or assigns or the Architectural Committee as appropriate. 21. No signs of any nature whatsoever shall be nertntitted to be placed on platted residential tracts by the owner or his agent, except one name sign not exceeding eight ('3) inches in height and forty (40) inches in length unless written permission is secured from Timberlake Associates, its successors or assigns, or the Architectural Committee as appropriate. 22. Carbage must be kept in covered metal or plastic containers, and trash shall he kept in rigid plastic or metal containers, and all of it disposed of in accordance with governmental ordinances and directives, and the rules and regulations of Timberlake Associates, its successors or II assigns. 23. No rifles, shotguns, handguns or other firearms of any type shall be perTrit-tod to be used ran<�7herc-. in the ,ubdivision, exce-rt in areas reserve -di xn(3/or desicynated for ates, its successors or assigns. u s e by I-imberlak,.3! --I.ssoci 24. ';tio oil or natural gas drilling, refining, quarrving --ir -mining operation of any kind shall be permitted upon or within the boundaries of any platter ! tract, and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintainid or permittel on any ,-latted tract witiiin the subdivision. 25. All roadways, streets and riahts of can the att-achad plats are private and for the right o.-f ingress and egress to tracts from, tl.,e: public -highway nor tract. owners, their arTents and invitees of tract owners who are memibers in good standing of the Property O%Mers 71,ssociation. .6. ',.Io vehicler, s?iall bbe regularly parke,I on cl.ny street or roadway in tha subdilvi lion. , 1.,,'cjll tract o,;.,1ner shall -1 ,.'X3ns-I-,-ruct and, maintain :suitablean—ader7uate driveway an-"i parking areas on leis; ",iroperty for vehicle parking. 27. 'To commercial or business type enterprises are -I-lowed on any platted. residential tract and no heavy vehicles or equipment used in industry or commercial activities shall be regularly parked or stored on any tract. 28. a stripped down, wrecked, inopera.L)Ie or junk motor vehicles, parts thereof or accessory thereto. sl,ail to be parked or placed for more than seven (7) says on any street, roadway or tract of land. 29. !{11 dwelling houses and approved outbuildings, when -:.-q,uired, shall b(i connected to thi-Ar own approved water supply and se-ptic s%rstem— --ere shall �e- no outhouses for :such Purf)os,-,s. 3 1. Architectural. �nin-mittra� allow variances and adjustments of these restrictions ina order to overco-me 1,.xactical difficulties an, , i to prevent unnecessar-,,,7 hardships in the a,-.)�;.Dl i cation of the provisionc contairier'.1 harein; provided however, that such is Jone in conformity with the intent and purpose hereof anr3 1-.provided also that in every instance, such variance or adjustment will not bo riaterially or injurious to other nro?erty or improvements in the neir.jhb(.-)rhOod, Ithe section or the Fih,-3ivision. 31. 17. `ach tract owner or holder of a valid real estate sales contract not in default for the ourchase of a tract in the Subdivision known as Autumn !`ills estates is obligated to become a member of the Ai-itumn !4'ills Estates r-ropertv* .X Owners "issociation, and to pay when due the annual assessment to be leviedl upon each tract to 14--fra-v the cost of the m,aintenance of roads anc3 all recreational facilities and -ui.ienities used and r-iiaintained. by the Property miners fic;sociation and its membership. 32. Should any tract owner become delinquent in the payment of dues or assessments to the Property Oimers Association, that are used for the maintenance of roads and recreational facilities and amenities, they shall be denied the use of said recreational facilities.and amenities until such time as the delinquency has been eliminated; provided, however, that said tract owner shall, at all times, have the right to access over the private roads in the Subdivision to and from their property by the nearest route. Such delinquent dues shall bear interest fron the date of the delinquency at the rate of seven (7) oercent per annurzi a,,*Id shall, upon the date of delinquency, constitute a lien on each tract to which the delinquency pertains, the said lien to cover t1fle principal arount of the delinquent charge, interest anti reasonable attorney's fees incurred in the collection thereof. Every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court of Frederick County, Virginia, any time within three (3) years after the date of the delinquency. The remedy of foreclosure is non --exclusive and the *vtumn Bills Property Owners Association reserves all other remedies provided by law for the collection of the delinquencies. The Autumn Mills estates Property O,mers Association has the right to publish the names of delinquent property owners in such manner as it may deem appropriate. The written dated statement of the Property Owners Association that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 33. Membership in Autumn Mills Estates Property Owners Association is mandatory for all persons or enities owning roperty in !'autumn Hills estates, and no such person or nity shall acquire title until they have been approved for embership in the Property O<mers Association by Timberlake ssociates, its successors or assigns, nor shall the owner f a tract or tracts in the subdivision convey title to said Tact or tracts to any person or enity who has not been reproved in writing for membership in the Property Owner3 ssociation by Timberlake associates, its successors or assigns,, 34. Whenever the owner of any tract in the Section or Subdivision shall receive a bona fide, acceptable offer to purchase said tract or shall independently decide to offer said tract for sale, said owner shall offer to sell said tract at the price and on the same terms and conditions contained in said bona fide offer to purchase or independent Dffer to sell, first to the owner of the tract on the right 3f the offered property, next to the owner of the tract on the left of the offered property, said offer to be in writing ind sent to the last known maililnq addresses of said owners as indicated on tTie tax records of Frederick county, "Virginia. if these offers are kdeclinedl, the Property will be offered next to TimberlaRe Associates, its successors or assigns. Said offers to be made successively, and each of said offerees sl':tall have ten (10) ",ays from the verifiable date of the ma ling of the offer within whicki to acct-�Pt or refuse such off er. If all said offerees refuse to purchase sai,�. tract at the price and on the torms proposed 1by said owner, said oulmer shall be free, subject to the limitations contained herein re(quiring tba purchaser to approved for inembers-hip in the Property Owners Association, 1­0 sell sai3 tract to the purchaser of their choice on tears not substaintial1v more favorable to the il-)urchaser than those offered, as aforesaid, to said owners, neighbors and Timberlake P,_ssociates, its successors or assi<-ns. The. 'tract on -the riqht" f-For thf--­ purpos-_a of this paraqra,ph, shall ),.)o, too adjacent tract on one's right hand as one faces the rear of one's own property. Tirlberlake Associates, its successors or assirms shall 'Lae exe,m,ot from all of the provisions of this paraqra ph as to initial conveyances, re -acquisitions amre-coriveyances of any and all, said tracts. it is 'rurthor -)rovid.ed that if the ovmer or ownters of any lot being sold or conveyed shall incorporate in the deed of convey'ancn, or attach to the deed of conveyance, to, be recorded therewith, an affidavit under oath that the provisions of this p.qr,,<TraPh have been complied with by said owner or owners makinq the conveyance, that none of the parties having a right of first refusal have exercised their right to purchase the property, such affi=lavit shall treat -a a conclusive il.)resuription that the, "..N.aracyr ,aph has , been aomplied with and any -purchaser or purc1lasers, or their successors in title, may rely upon said affidavit, as to .omoliance with this paracTraph, and the title to any property conveyed shall he valid in pernetuity and irm-mune- from the bjection or attack by any porson or party as to m,-)lian--e nth this paragraph of these rastrictions. 35. 'I"Lle invalidation- by any Court of any restri^tions rein shall in no way ae, ~effect any of the other restrictions, .A ).nd they shall remain in full. force and effect. 36. Timberlake Associates, its successors or aSSiCTns, �serves the rig"t alone to waive any one or all of these ,strictive covenants, conditions, reservations ana rnstrictions s to the use or sale of any tract or tracts, and it further serves the right alone to impose additional restrictive venants, conditions, reservations anrl), restrictions as to use or sale of tract, which it owns as of the data of Uch, Lmoosition, Such shall not affect the Dinding effects of these ?revisions upon any other tracts. 37. 11"I'M covenants and restrictions berein contained shall not impose any restraint on any a)'ortion of lan,:I now Dweed or hereafter acquired by 711L"berlake 7%ssociates, its successors or assigns in title, whether such land b,,-: joining, adjacent to or other-.As,:� r�-Aated in any way to Tim berlal:e Nssociates, its successors or assigns, or the property herein dedicated and platted. 38. The provisions herein contained shall run with and And the land and eaCh is enforceable by Ili-mberlake Associates, Lts successors and assigns in title and by any owner of -any Tract. The failure of any of them to enforce any covenants, :conditions, reservations or restrictions contained herein :;Iiall not be deemed to be a waiver of the right to do so ereafter as to a default occurring prior or subsequent hereto. 39. Throughout these restrictions the term "Timberlake [ssociat: s, its successors or assiqnSr, shall refer to the I present or the future owner of this subdivision, or a substantial portion thereof, whose business it is to own, develop and/or sell real property. Throughout the course of this document, use of the singular shall be construed to include the plural and visa versa, , and the use of the male form shall be interpreted to include the ferqale when the context so indicates. WITNESS the following signatures and seals: TIMBERLAKE ASSOCIATES MAL) D (SEAL) Partner STATE OF VIRGINIA OF to -wit-. a Notary Public in and for the State and aforesaid, do hereby certify that C. EUGENE BAYLISS and ROBERT M. BAYLISS, whose names are signed to the foregoing Deed of Dedication and Declaration " 'j I '(�CL I- of Plat dated the y day of 1979, on behalf of Timberlake Associates as partners of said partnership, have acknowledged the same to be the act and deed of said partnership before me in my State and aforesaid. Given under my hand this . day of Pc7 1978. my Commission expires "/ Notary PA ,4!/TC//�!iY f�/GCS G'vAYBE�t�cv� EsT.9T�.s� S'�cT/off �oU/P 81 1. T/�lo,c-- 4-� 70 yEsTE,� So � �✓,4s,��rov O. G.' 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SCT. ' This Instrument of witting was pr�h;�� rrtie /• '1 `2 a. _ day of ✓ / / % • %� / .:/" and with certificate of ackn�w'edgment thereto annexe to record. �¢��S admitted jto--V,—'�— Ciertt. ,4 r r1.- A - THIS DEED OF DEDICATION AND DECLARATION OF PLAT for AUTUMN HILLS ESTATES, Section made and dated this tL day of /%ic% ✓' 1978. WHEREAS, Timberlake Associates, a Virginia general partnership, desires to dedicate, plat and subdivide a portion of that certain parcel of land, containing 320.52 acres, more or less, conveyed to it by a Deed from Charles O. Cornelison, Executor, et al, dated the 30th day of December, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 402 at Page 36.6 and following. THEREFORE, THIS DEED OF DEDICATION AND DECLARATION 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, Timberlake Associates, as evidenced by the signature of the partners All of that certain parcel of land, located in Gainesboro Magisterial District, Frederick County, Virginia, more particularly shown and described on those certain sheets prepared by David Lee Ingram, Certified Land Surveyor, attached hereto and described as Plats _I through of Section , of Autumn Hills Estates, containing Sq.w acres, more or less and .q tracts; being a portion of the real property conveyed to Timberlake Associates by Deed of Charles O. Cornelison, Executor of the Estate of Walter H. Young', deceased, and Margaret C. Young, which Deed is recorded in the afore- said Clerk's Office in Deed Book 402 at Page 366, and following. The tracts 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: All streets and roads shown on the attached plat are not publically owned within the meaning of § 15.1-478 of ..,kzlS DFED 03F DEDI:.'.A` 10N ATIM) DECLARATION OP PLAT for ALI'L79"i � ZLI.: `''1''�'�a r �� t t] C)ii fi de and dated this _?ay of U 197'3. T`1?:1EIREA 7., "',i ilberlake. F,.ssocia:tes, a Virginia general partnership, desires to dedicate, Mat anel suhdiviee a rortion of that crLrtain parcel of land, containing 320.52 :acres, more or less, conveyed to it by a Deed from Charles n. Cornelison, F'xecutor, et al, dato-d the 30th clay of T)ecember, 1972, recorded in the Office of the Clerk of. the Circuit Court of Frederick (''aunty, Virr,inia, in r,,,p, T?oo}: 402 at age 3;) and. f0110:1] ilC? . NTOW, THEREF©R>., T)TIS Di EM or, DEDICATION AND DrCLAP_A.'► TntT PLAT. �'ST?rTESS?�?'II» The glatting and/car dedication of thr, following described land is with the free consent and in accordance with the desire of the undersigned owner,-Imberl ake ?S s'ociat"s, as vi;7ence?:i I)y tr.A signature of the partners : 'ereof . All of that certain parcel of land, locates'; in !" ineshoro nistrict, Frederick County, Virginia, morb particularly shown and described on those certain sheets prepared by il',avid Lee Tngram, C-rt.if_iec Land Surveyor, attached hereto an.i described as Plats _� through of Section__ ,:'r Al,tirnn !!ills T states, containinc; acres, more: or Less and tracts being a portion of the real property conveyed to Timberlake Associates by r,€�ed of Charles 0. Cornelison, T_�-ecutor of the P state of alter H. Young, diaceased, and ="a.rc.aret Young, which need is recorded in the afore -- .said I_lerk's Office in ?nri 71'no}' 40'? --t nnr!r, 366, and following. The tracts in this subdivision are specifically subject :-o the follmvin.c* covenants, conditions, reservations ane. .astrictions, which shall: apply to ,':ach and every lot shown l)n the attached plat, excerpt whc,, «. ra r?rnri -is 1. All :streets and roads shown on the attached! plat !ria not puhlically o-tined within .the meaning of 7 15.1--47S of Code of Virginia, 1950 as amendeJ, nor are thev nublically ntain�?,.., "'In striicturn� or 17)uilain<- of nnv !,:in?, -)r :)f: any sort sail ?c, placed or begun 'uDo-n any nu:lii-torecl L-tact Df this suIxIivision unless and until plans and descrir)ti,,-)-. 3f same shall have been submitted in duplicate, to, and approved in writing by the ?architectural Committe%e appointed Dy the -Doard of Directors of the !jjjtjjj,jvj ! ills TlrtatoS Pro-perty wners,Association, Timberlake Associates or its assigns. D 3. Fxcept with ti-e written 7-on-,-rt of til om.mittee, no molilc- I-) , h�.mo o;-ae, bile house, hoiise traili:�r, t--ent , )r any other temporary living (Tuart-ers (including 'basements )f homes to be constructed) shall be ?laced, maintained or )ccupied on any tract; provided, hov,ever, that mobile travel trailers, self propellod motor homes and tents for carpirq aav be used on all tracts for a period not exceeding thirty (30) days at any one tine, provided they are at least fifty (50) feet fro, the nearest 'Property line, and are screened Ather by woods or a combination of trees or shrubbery, nd are not visible either .by the occupants of the arljzacent roperty or from streets and roadikays. "'ris restriction oes not orohibit the parking of unoccupied travel trailers, ravel camper units or self propelled motor homes in driveways nd parking areas of sin'gle family hories when said dri-,rt--T,7,j.VS nd parking areas have been approved .by tllie j`�,rch.itecturalt ommittee. 4. 3.4o tennorary structure or outbuilding shall he laced or erected on any t-:act: proviled, however, that the rchitectural CoTrx-Attee may approve the construction of a ern,anent building for the storage of tools and other small. quipment provided such building shall Inecomc . a perranent ,atbuildinq of the residence when constructed and is not used as living quarters. The Architectural CommAttee may also, upon proper application, grant permission for a temporary structure for the storage of tools, equipment and materials during construction. 5. Any structure erected or placed on any tract shall be set back at least fifty GO) feet from front and rear property lines, and thirty (30) feet from each side property line. The Architectural Committee shall have the authority to allow variances and adjustments to this restriction which do not conflict with governmental ordinances and regulations in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of the provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from or mar the natural beauty of the surroundings. All structures constructed or placed on any tract shall be constructed with a substantial quantity of new materials and no used structures shall be relocated lor placed on any tract. 7. All single -story, split-level or split -foyer dwellings t contain a minimum ground -floor area of one thousand (1000) square feet and must be at least twenty (20) feet wide on the side, front, or back nearest the street or roadway. All two-story dwellings must contain a minimum ground floor area of eight hundred (300) square feet and t contain a minimum of two hundred (200) square feet on the second floor, and as to the side, front, or back nearest the street or roadway, it must be at least twenty (20) feet ide. All square footage computations shall be exclusive of orches, patios, garages, basements and storage areas. :R) - 3 -- construction or in?rovatents shall be made upon areas rescrved Tor easements. Each pro ?erty owner erecting a dwellinq on their tract shall have nine (0) months from the heainnins of vonstruction to complete the exterior construction, including 7rading, seeding and landscaping. The Architectural Cnmmittee ahall have the authority to approve an extension of tinc in order to overcome practical difficulties an to prevent unnoccssary hardslip in the application and enforcement of this provision. 9. Carages, porches, patios, caryorts or storage buildings, if Ouilt, shall be attached to, and a part cf the nain dwellingi unless otherwise approved in writing by the Architectural Vomnittee. toan one single-family welling may be huilt on any one tract andIno tract may be subdivided or aasemtints granted without the written approval of 7imberlake Associates, its successors or assigns. 11. No dwelling,shall be used for any other thin single- family residential purposes, except on tracts othervinii lesignated by Timberlake Associates, its successors or assigns, and no offensive activity shall be cirried on, in separate structures and/or on said tricts, nor shall anythinq Fie donc thereon which may constitute or becone an annoyance or a nuisance. 12. No owner of any tract shall build or permit the building thereon of any dwelling house or other structure that is to be used as a model or exhibit unless prior written Oermission to do so shall have been obtained from 7inberlahe Associates, its successors or assigns. 13. Any dw011inq or other structure on any tract in the IlSection or Subdivision, which may be destroyed in whole or in part by --fire, windstorm, act of or any ot*ao�r must be rebuilt an-1/or all debris removed and the nrop�rty restored to a. sig ,htly condition with reasonable promptness. In no event shall such debris or state of non -repair exist longer than six (6) -onths. 14. The Architectural Corvi.ittee shall have the right an,d authority to set up regulations as to the height and size requirements for all types of buildings and strqctures on any tract, inclucl.inq fences, walls, and copings. 15. In order to preserve the natural qu.-ality and aesthetic appearance of the subdivision, all fences or. any tract must be approved in writing by the Architect-aral Cornittee. "his anproval will specify the type of fence, materials, color, lheia*­t, Lnc-,th -inrl, oth,..-?r constr,,ir"tinr 16. A11 outdoor clothes lines, ant si)-tilar equipment shall be so placed or screened by shruLbery or trees so as not to 1-fe visible fron. any street, roadway or designate,3 recreation area within the subdivision. 17. Timberlal�e 1i.ssociates, its P"ccessors or asslqns, --eserves a right of way and/or a u,�Pon, ov,,r, :--cross and through said tracts for the purpose of assigning, operating, maintaining and. repairing public utility lines for electrical, telephone, other public utilities, and. drainage for surface water where necessary to maintain proper drainage for the protection of property, appearanco and the health and safety of property owners, re-servinc7 to Timberlake Associates, its successors or -assigns the sol.,D, right to cony: y the ric,,hts hereby reserved. 13. In the event an owner of any tract in the !711bdiivision shall fail to maintain the premises or the improvements situated thereon in conformity with these restrictions, �_he lPro-,)ertv Oi,�Tnrar's Association shall have the right, through its agents and employees, to enter upon the premises and repair, maintain and restore the property and improvements to the exterior of the dwelling, structures and any other improvements erected thereon. The cost of such repair and maintenance shall be added to and become a part of the annual charge to which such tract is subject. 19. No living tree over six (6) inches in diameter shall be cut down or removed from any tract, without permission of the Architectural committee, unless it is within twenty (20) feet of the main dwelling or within ten (10) feet of accessory buildings of the approved site for such dwelling or building. However, any tree which is a threat to the health, safety and welfare of any person may be removed immediately without such permission. Q. No open fires shall be permitted on any part of the property, except in outdoor fireplaces and incinerators equipped with fire screens, unless written approval is Jobtained from Timberlake Associates, its successors or assigns or the Architectural,corunittee as appropriate. 21. "o signs of any nature'whatsoever shall be Permitted to be placed on platted residential tracts by the owner or his agent, except one name sign not exceeding eight (9) inches in height and forty (40) inches in length unless written permission is secured from Timberlake Associates, ,its successors or assignse or the Architectural Committee an 11appropriate. 22. Garbage must be kept in covered metal or plastic , and trash shall be kept in rigid plastic or 1 containers, and all of it disposed of in accordance with governmental ordinances and directives, and the rules and regulations of Timberlake Associates, its successors or Hassigns. .o rifles, shotguns, handguns or other firearms of any ty-,)�� shall be perz itte<3 to L,c- used anywhere in the subdivision, except in areas reserved and/or desicnated for such use by Tirmberlalzo A3sociates, its successors or assigns. 24. !to oil or natural gas drillin-, re-linir-, r-nzkrr�•7in,7 )r mining operation of any kind shall he ,�)erTAtte.,I upon or r, Athin the boundaries oi' any platted. tract, and no derrick -)r otli(,:!r structure designed for use in 10orinq for o-11 or iatural clas shall be erected, rrtaintain,,�d or pa-rniitted on ally Slatted tract within the subdivision. roa4- 7, 0 25. All dways, strec,-ts nr ad it7II'J.-s of �,,,,ay slio,,,n U 4-s are and th�:� right ,e attache- ! ;Dla- and egress to tracts from the pu3,,,,Ii,-- !:or tract �c,rners, their agents and invite(?s, of tr---.ct owners who, are ,ers in good standing of the Property OTTners Association. 26. No ve*hiCles, shall be reqularl- narkeel on any street r roadway in the subdivision., 7ach tract owner shall onstruct and maintain suitable and aOec-!uate drivex%ra,%;, an-' 2 7. o coRtmercial or businass exit erprises ar., llowed on any platted residential tract and no heavy vehicles r equipment used in industry or comm,,t�rcial- activities shall regularly parked or stored on any tract. 28. No stripped down, wrecked, inoperaible or junk notor hicles, parts thereof or accessory thereto, shall be 1 1 1 ermitt,?id to bo ?arl-cr! or lllac:-��-! for tI-I'In -�-V?n P) iys on any str(�!o-.L, roar, ,ray or tract oL:* land. 29. All dwelling houses and a?proved outbuildincTs, 1,,.,hen ..'quired, Shall be connected to their own approved water apply and septic system. There shall he no outhouses for 11-,tch purposes. 11 30. The Architectural Committee may allow reasonabl-,.. variances and adjustments of these restrictions in order to overcome practical difficulties and to prevent unnecessary hardships in the application of the provisions contained herein; provided however, that such is done in conformity with the intent and purpose hereof and provided also that in every instance, such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood, the Section or the Subdivision. 31. Each tract owner or holder of a valid real estate sales contract not in default for the purchase of a tract in the Subdivision known as Autumn Hills Estates is obligated to become a member of the Autumn Hills Estates Property Owners Association, and to pay when due the annual assess;ient to be levied upon each tract to defray the cost of the maintenance of roads and all recreational facilities and amenities used and maintained by the Property M ners Association and its membership. 32. Should any tract owner become delinquent in the payment of dues or assessments to the Property Owners Association, that are used for the maintenance of roads and recreational facilities and amenities, they shall be denied the use of said recreational facilities and amenities until such time as the delinquency has been eliminated; provided, however, that said tract owner shall, at all times, have the right to access over the private roads in the Subdivision to and from their property by the nearest route. Such delinquent dues shall bear interest from the date of the delinquency at the rate of seven (7) percent per annum and shall, upon the date of delinquency, constitute a lien on each tract to which the delinquency pertains, the said lien to cover the principal amount of the delinquent charge, interest and (reasonable attorney's fees incurred in the collection thereof. Every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court of Frederick County, Virginia, any time within three (3) years after the date of the delinquency. The remedy of foreclosure is non-exclusive and the Autumn Hills Property owners Association reserves all other remedies provided by law for the collection of the delinquencies. The Autumn 1-ilills Estates Property owners Association has the right to publish the names of delinquent property owners in such manner as it may deem appropriate. The written dated statement of the Property Owners Association that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 33. Membership in Autut-an Kills Lstates Property OwnAe_rs' Association is mandatory for all persons or enities owning property in Autumn tills Estates, and no such person or enity shall acquire title until they have been approved for membership in the Property Owners Association by Timberlake Associates, its successors or assigns, nor shall the owner �of a tract or tracts in the subdivision convey title to said tract or tracts to any person or enity who has not been approved in writing for membership in the Property Owners Association by Timberlake Associates, its successors or assigns. 34. Whenever the owner of any tract in the Section or Subdivision shall receive a bona fide, acceptable offer to purchase said tract or shall independently decide to offer said tract for sale, said owner shall offer to sell said tract at the price and on the same terms and conditions tained in said bona fide offer to purchase or independent offer to sell, first to the owner of the tract on the right of the offered property, next to the owner of the tract on the left of the offered property, said offer to be in writing and sent to the last known mailing addresses of said owners - 9 - s indicated on the tax records of Frederick. County, 77irginia. f these offers are doclined. the ,)roi)(,-rt,), dill be offered ext to lrim!*:�rlake A-rsociates, its successors or assigns. aid offars to be made successively, and each o.r.- said offerees hall have tcn (10) days fron the verifiable date of the ailing of the offer within which to accent or refuse such fler. If all said offerees refuse to Purchase said tract t the price and on the terns proposed by said o�,,rner, said v,mer shall be free, subject to the limitations contained erein requiring the purchaser to -1rc ap)roved for -membership n the Property Owners Association, to sell said tract to he ourchaser of train choice on terms not substantially ore favorable to the purchaser than those offered, as -Eoresaid, to said owners, neighbors and Timberlake .�ssociAtes, is successors or assigns. The "tract on the right' 'For thn urpos,e of this paragraPh, shall Jhe the .).(ijacent tract on r, ne' s ri(i-)-.,t 'nand aS one- races tilie .-e-:Ir o.- . s own proporty. in',-'--rlk,a 7'ssociatr?S, its S,.-.cceszors or asssi(.Ts shall Ine- ei,m-.)t From all of they P.-OVISion-s of this paraqrapirl as to nitial conveyances, re -acquisitions Anc;' re -conveyances of ny an, --I all said tracts.. :Lt is further provided that if the caner or owners of any lot being sold or conveyed shall ncorporate in the deed of conveyance, or attach to the deed f conveyance, to T)e recorded therewith, an affidavit under ath that the ;:)rovisions of this ;paragraph have been complie-6 ith by said owner or owners -making the conveyance, that one of the parties having a right of first refusal have xercised their right to purchase the pro-,)erty, such -affic.3.avit mall create a conclusive presumption that the paragraph has complied with and any purchaser or purchasers, or their cessors in title, may rely upon said affidavit, as to 11compliance with this paragraph, and the title to any pronerty so conveyed shall be valid in perpetuity and immune from the objection or attack by any person or party whatsoever as to compliance with this paragraph of these restrictions. 35. The invalidation by any court of any restrictions herein shall in no way affect any of the other restrictions, and they shall remain in full force and effect. 36. Timberlake Associates, its successors or assigns, reserves the right alone to waive any one or all of these restrictive covenants, conditions, reservations and restrictions as to the use or sale of any tract or tracts, and it -further reserves the right alone to impose additional restrictive covenants, conditions, reservations and restrictions as to the use or sale of tract, which it owns as of the date of such imposition. Such imposition shall not affect the binding effects of these provisions upon any other tracts. 37. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Timberlake Associates, its successors or assigns in title, whether such land be joining, adjacent to or otherwise related in any way to Timberlake Associates, its successors or assigns, or the property herein dedicated and platted. 38. The provisions herein contained shall run with and bind the land and each is enforceable by Timberlake Associates, its successors and assigns in title and by any owner of any tract. 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. 39. Throughout these restrictions the term "Timberlake Associates, its successors or assigns", shall refer to the present or the future owner of this subdivision, or a substantial portion thereof, whose business it is to own, develop and/or sell real property. Throughout the course of this document, use of the singular shall be construed to include the plural and visa versa, and the use of the male form shall be interpreted to include the female when the context so indicates. 11ITTIESS the following signatures and seals: �111IMBERLAKE ASSOCIATES (SEAL) By Partner ly Partner STATE OP VIRGINIA Or to -wit. a Notary Public in and for the State and aforesaid, do hereby certify that EUGENE BAYLISS and ROBERT M. BAYLISS, whose names are signed to the foregoing Deed of Dedication and Declaration )f Plat dated the -4Lj'_ day of '*iil, 1979, on behalf of 'Amberlake Associates as partners of said partnership, have lodged the same to be the act and deed of said partnership fore me in my State ande aforesaid. Given under my hand this 19 day of I 78. MY Commission expires --- -- ------ Nt�t�ary� InA c � s ' 70 8/ 50 o c «s �rAr�-s et/E T//jfBE,.PG9iE�- �CS3a./ilTE.S/ /f �.',�`r�vE�.�f/� .s/�.��BY .s�T T•�/F s�Bdsfs✓cs.V if!/TYI-�bW AsiGG,S �'ST.4TL{..S' � SEt:'T/Oif/ S"/ ifs /Ti4�S4 f�c.�3 o�t� TifiE`sE /E-.9TS �fS ii .�6Ct�.G�rs'Tlo�s/.fG .sr/�O//�S/a�(l-.f�7�'!� T.f✓�" Fo�G o H/i/fly� 7'JYC'C �.eo�d%c/G�T�LPS �fif/O O�i1�iVcLS Aif/O/o.0 /mil/-Q;/�i9CC=.ES ofGa/'S cf F.eEoc�.«T CnC/�vTY� �/.C4l�f/if� a,� T/�G d/�.'it�i� 4c��i1GC T�1-�L 'if/l' osr ic�i�riYLVAYS To /il/c'o.�f'o,��tT� T/i�F" �.B/,(i�yTC�-.sTGl=c TS .S•s6GY� �f/d�4-�i�f/ i�f/To TiS�G� i✓�•is/<I!�! ✓ S`STtFiv1 !!if/«S3 ��t/O Uif/T/G Go T e�if�G.BS //f!!E � /�/ST.IGcG�O sr.�°EFT /is9�.G'avc���E�/TS �'o Tis�E= .����/ice/c.�aT/o�✓S c7F 0 a C. C�G/pE�✓E ✓c/SS/ /�.4 Ti1��e PaB�eT A1. B! SSi o�v�r�6� L I'll j f BY CcsP r/Fy 771oIT T.�G- �-.vT�- .s .s��r y .s�cweL i.�/ --nz o ait/ T7/G Sr'.Mt/it/O t�.r�®E-� ssY sci��.�ris�ccv I L r C 4 i LNGRAM 1 1235 c�•4iYO _5�/•t�!/�Yo.P -- �q�.o�C,fir/il/�.P \�qNL SUKVF`�...J Z26'o/ L c'9 �l �9 _ i4�L GG�T liyES. ev e CoT z3 o� t .(/oTE.' OB�/EGo�•vc�.0 i5/.�S .�ETiI/.!/EO �a� - %�/��- Tif'%.r .fGL CeJ� G��'CS a ; ' 49,4 293 o4fles�z—e �,Oe�,Ooo� 70 a c OKIy✓c=i?rc=�J //c�,e G`/i�/ .3 �i�GC- � !' .c�G 9U�= �T TiYC B�'ife_'v crF Sufi:-�!//S �E'_ �/�,"iYvt/�4 S/.S To i�L�Co-P�v��4 T� TN �" ��'i/icy 7G� �T,.� c T� 3sf�Ls � �✓cF.+�'�= . ��G To TiSfG�' ire '�is�ff/�P ✓ 3'f SrL.�iL> Uif/�c�SJr �4�0 U�f/l—/C Go T oi1/il��.e9S iy-4!/E 75 0 �v4F�E cR 4 /SAe -�C��.�c� '��f/r47ioC/ of �f SU.c: f c6y—9c��.� ccy -ti•�c �N 7�'� lj'E'b Ui!/O ci�uoE-� �-sy scio�,er sio-v 0 0 0 1235 'At i / _, cur. 494 faT 93 o� � 1 I 1 � 1 ' 1 / �f- rHf- - .i/.4i�-�.fc6tif- "AGGir/�' c.��/Sc'"5� S/G` of �fLG LET G tiL�s J- 494 295 3s� pG zro- o—�,---0--- /scz c� coT 3¢ t'1 � M COT �8 � D � TJ1�C 3z�Sz �4c" rt��c'T �*NP f/-fs �4GSo iflfi�t/T�=�Y�fvc�� �4tiO�o.� UriCiTy c�.�,S�yJC'�v> VIRGINIA FaEMFIVK Ctly % Mr, - This Instrument of writing was prpduoad fa me opt the and with certificate of acknowledgment t� o& - �- to record. �to annexed admitted i WWW cl.rfc. r V r. THIS DEED OF DEDICATION AND DECLARATION OF PLAT for AUTUMN HILLS ESTATES, Section �� , made and dated this (' day of 1978. WHEREAS, Timberlake Associates, a Virginia general partnership, desires to dedicate, plat and subdivide a portion of that certain parcel of land, containing 320.52 acres, more or less, conveyed to it by a Deed from Charles O. Cornelison, Executor, et al, dated the 30th day of December, 1972, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 402 at Page 366 and following. NOW, THEREFORE, THIS DEED OF DEDICATION AND 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, Timberlake lAssociates, as evidenced by the signature of the partners thereof. All of that certain parcel of land, located in Gainesboro Magisterial District, Frederick County, Virginia, more particularly shown and described on those certain sheets prepared by David Lee Ingram, Certified Land Surveyor, attached hereto and described as Plats I through 71) of Section of Autumn Hills Estates, containing ZIE0 1 acres, more or less and tracts; being a portion of the real property conveyed to Timberlake Associates by Deed of Charles O. Cornelison, Executor of the Estate of Walter H. Young, deceased, and Margaret C. Young, which Deed is recorded in the afore- said Clerk's Office in Deed Book 402 at Page 366, and following. The tracts in this subdivision are specifically subject Ito the following covenants, conditions, reservations and (restrictions, which shall apply to each and every lot shown Ion the attached plat, except where reserved as herein provided: 1. All streets and roads shown on the attached plat fare not publically owned within the meaning of § 15.1-478 of 494 282 the Code of Virginia, 1950 as amended,'nor are they publically maintained. 2. No structure or building of any kind, or construction j of any sort shall be placed or begun upon any numbered tract I of this subdivision unless and until plans and description 1I of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Autumn Hills Estates Property Owners Association, Timberlake Associates or its assigns. 3. Except with the written consent of the Architectural Committee, no mobile home, mobile house, house trailer, tent or any other temporary living quarters (including basements of homes to be constructed) shall be placed, maintained or occupied on any tract; provided, however, that mobile travel trailers, self propelled motor homes and tents for camping may be used on all tracts for a period not exceeding thirty (30) days at anyone time, provided they are at least fifty �I (50) feet from the nearest property line, and are screened either by woods or a combination of trees or shrubbery, j and are not visible either by the occupants pf the adjacent (property or from streets and roadways. This restriction..., ldoes not prohibit the parking of unoccupied travel trailers, travel camper units or self propelled motor homes in driveways ,,and parking areas of single family homes when said driveways and parking areas have been approved by the Architectural Committee. 4• No temporary structure or outbuilding shall be placed or erected on any tract; provided, however, that the Architectural Committee may approve the construction of a permanent building for the storage of tools and other small equipment provided such building shall become'a permanent outbuilding of the residence when constructed and is not - 2 - • 283 C,r,i 494 ►t[E 283 used as living quarters. The Architectural Committee may also, upon proper application, grant permission for a temporary structure for the storage of tools, equipment and materials during construction. 5. Any structure erected or placed on any tract shall be set back at least fifty (50) feet fromfront and rear property lines, and thirty (30) feet from each side property line. The Architectural Committee shall have the authority to allow variances and adjustments to this restriction which do not conflict with governmental ordinances and regulations in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of the provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from or mar the natural beauty of the surroundings. All structures constructed or placed on any tract shall be constructed with a substantial quantity of new materials and no used structures shall be relocated or placed on any tract. 7. All single -story, split-level or.split-foyer dwellings I must containa minimum ground -floor area of one thousand (1000) square feet and must be at least twenty (20) feet wide on the side, front, or back nearest the street or roadway. All two-story dwellings must contain a minimum ground floor area of eight hundred (800) square feet and must contain a minimum of two hundred (200) square feet on the second floor, and as to the side, front, or back nearest the street or roadway, it must be at least twenty (20) feet wide. All square footage computations shall be exclusive of porches, patios, garages, basements and storage areas. No - 3 - 494 r-.F 284 construction or improvements shall be made upon areas reserved for easements. 8. Each property owner erecting a dwelling on their tract shall have nine (9) months from the beginning of construction to complete the exterior construction, including grading, seeding and landscaping. The Architectural Committee shall have the authority to 9pprove an extension of time in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of this provision. 9. Garages, porches, patios, carports or storage buildings, if built, shall be attached to, and a part of the main dwelling, unless otherwise approved in writing by the Architectural Committee. 10. No more than one single-family dwelling may be built on any one tract and no tract may be subdivided or easements granted without the written approval of Timberlake Associates, its successors or assigns. 11. No dwelling shall be used for any other than single- family residential purposes, except on tracts otherwise designated by Timberlake Associates, its successors or assigns, and no offensive activity shall be carried on, in separate structures and/or on said tracts, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. 12. No owner of any tract shall build or permit the building thereon of any dwelling house or other structure that is to be used as a model or exhibit unless prior written permission to do so shall have been obtained from Timberlake 4ssociates, its successors or assigns. 13. Any dwelling or other structure on any tract in the Section or Subdivision, which may be destroyed in whole or - 4 - 285 j0!. 40- .1 i :cC 285 in part by fire, windstorm, act of God or any other cause, must be rebuilt and/or all debris removed and the property restored to a sightly condition with reasonable promptness. In no event shall such debris or state of non-rdpair exist longer than six (6) months. 14. The Architectural Committee shall have the right and authority to set up regulations as to the height and size requirements for all types of buildings and structures on any tract, including fences, walls, and copings. 15. In order to preserve the natural quality and aesthetic appearance of the subdivision, all fences on any tract must be approved in writing by the Architectural Committee. This approval will specify the type of fence, materials, color, height, length and other construction specifications. 16. All outdoor clothes lines, poles and similar equipment shall be so placed or screened by shrubbery or trees so as not to be visible from any street, roadway or designated recreation area within the subdivision. I' 17. Timberlake Associates, its successors or assigns, reserves a right of way and/or an easement upon, over, across and through said tracts for the purpose of assigning, operating, maintaining and repairing public utility lines for electrical, telephone, other public utilities, and drainage for surface water where necessary to maintain proper drainage for the protection of property, appearance and the health and safety of property owners, reserving to Timberlake Associates, its successors or assigns the sole right to convey the rights hereby reserved. 18. In the event an owner of any tract in the Subdivision shall fail to maintain the premises or the improvements situated thereon in conformity with these restrictions, the Property Owner's Association shall have the right, through - 5 - ,86 , 0 _�.c. 494 29G its agents and employees, to enter upon the premises and repair, maintain and restore the property and improvements to the exterior of the dwelling, structures and any other improvements erected thereon. The cost of such repair and maintenance shall be added to and become a part of the annual charge to which such tract is subject. 19. No living tree over six (6) inches in diameter shall be cut down or removed from any tract, without permission of the Architectural Committee, unless it is within twenty (20) feet of the main dwelling or within ten (10) feet of accessory buildings of the approved site for such dwelling for building. However, any tree which is a threat to the (health, safety and welfare of any person may be removed immediately without such permission. 20. No open fires shall be permitted on any part of the property, except in outdoor fireplaces and incinerators equipped with fire screens, unless written approval is obtained from Timberlake Associates, its successors or assigns or the Architectural Committee as appropriate. 21. No signs of any nature whatsoever shall be permitted Ito be placed on platted residential tracts by the owner or !his agent, except one name sign not exceeding eight (8) inches in height and forty (40) inches in length unless written permission is secured from Timberlake Associates, ,its successors or assigns, or the Architectural Committee as ;appropriate. 22. Garbage must be kept in covered metal or plastic containers, and trash shall be kept in rigid plastic or ,metal containers, and all of it disposed of in accordance with governmental ordinances and directives, and the rules and regulations of Timberlake Associates, its successors or assigns. - 6 - 87 M �. i.494 ;,<< 287 23. No rifles, shotguns, handguns or other firearms of any type shall be permitted to be used anywhere in the subdivision, except in areas reserved and/or designated for such use by Timberlake Associates, its successors or assigns. 24. No oil or natural gas drilling, refining, quarrying or mining operation of any kind shall be permitted upon or within the boundaries of any platted tract, and no derrick for other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any platted tract within the subdivision. 25. All roadways, streets and rights of way shown on the attached plats are private and for the right of ingress and egress to tracts from the public highway for tract ,owners, their agents and invitees of tract owners who are (members in good standing of the Property Owners Association. 26. No vehicles shall be regularly parked on any street ,or roadway in the subdivision. Each tract owner shall I construct and maintain suitable and adequate driveway and sparking areas on his property for vehicle parking. 27. No commercial or business type enterprises are allowed on any platted residential tract and no heavy vehicles ,or equipment used in industry or commercial activities shall be regularly parked or stored on any tract. 28. No stripped down, wrecked, inoperable or junk motor vehicles, parts thereof or accessory thereto, shall be (permitted to be parked or placed for more than seven (7) days on any street, roadway or tract of land. 29. All dwelling houses and approved outbuildings, when (required, shall be connected to their own approved water supply and septic system. There shall be no outhouses for I such purposes. 30. The Architectural Committee may allow reasonable - 7 - A % i,n. 4194 FACE 288 variances and.adjustments of these restrictions in order to overcome practical difficulties and to prevent unnecessary hardships in the application of the provisions contained herein; provided however, that such is done in conformity with the intent and purpose hereof and provided also that in every instance, such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood, the Section or the Subdivision. 31. Each tract owner or holder of a valid real estate sales contract not in default for the purchase of a tract in the Subdivision known as Autumn Hills Estates is obligated to become a member of the Autumn Hills Estates Property Owners Association, and to pay when due the annual assessment to be levied upon each tract to defray the cost of the maintenance of roads and all recreational facilities and amenities used and maintained by the Property Owners Association and its membership. 32. Should any tract owner become delinquent in the payment of dues or assessments to the Property Owners Association, that are used for the maintenance of roads and recreational facilities and amenities, they shall be denied the use of said recreational facilities and amenities until such time as the delinquency has been eliminated; provided, however, lthat said tract owner shall, at all times, have the right to access over the private roads in the Subdivision to and from their property by the nearest route. Such delinquent dues shall bear interest from the date of the delinquency at the rate of seven (7) percent per annum and shall, upon the date of delinquency, constitute.a lien on each tract to which the delinquency pertains, the said lien to cover the principal amount of the delinquent charge, interest and reasonable attorney's fees incurred in the collection thereof. 0 289 If j. ;, , 414 Alt Every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court of Frederick County, Virginia, any time within three (3) years after the date of the delinquency. The remedy of foreclosure is non-exclusive and the Autumn Hills Property Owners Association reserves all other remedies provided by law for the collection of the delinquencies. The Autumn Hills Estates Property Owners Association has the right to publish the names of delinquent property owners in such manner as it may deem appropriate. The written dated statement of the Property Owners Association that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 33. Membership in Autumn Hills Estates Property Owners Association is mandatory for all persons or enities owning property in Autumn Hills Estates, and no such person or enity shall acquire title until they have been approved for membership in the Property Owners Association by Timberlake Associates, its successors or assigns, nor shall the owner of a tract or tracts in the subdivision convey title to said tract or tracts to any person or enity who has not been approved in writing for membership in the Property Owners Association by Timberlake Associates, its successors or assigns. 34. Whenever the owner of any tract in the Section or Subdivision shall receive a bona fide, acceptable offer.to purchase said tract or shall independently decide to offer said tract for sale, said owner shall offer to sell said tract at the price and on the same terms and conditions contained in said bona fide offer to purchase or independent ;offer to sell, first to the owner of the tract on the right of the offered property, next to the owner of the tract on the left of the offered property, said offer to be in writing and sent to the last known mailing addresses of said owners - 9 - . ec 494 290 as �ndicatedi,on,the tax records of Frederick County, Virginia. If these offers are declined, the property will be offered next to Timberlake Associates, its successors or assigns. Said offers to be made successively, and each of said offerees shall have ten (10) days from the verifiable date of the mailing of the offer within which to accept or refuse such offer. If all said offerees refuse to purchase said tract at the price and on the terms proposed by said owner, said owner shall be free, subject to the limitations contained herein requiring the purchaser to be approved for membership in the Property Owners Association, to sell said tract to the purchaser of their choice on terms not substantially more favorable to the purchaser than those offered, as aforesaid, to said owners, neighbors and Timberlake Associates, its successors or assigns. The "tract on the right" for the purpose of this paragraph, shall be the adjacent tract on one's right hand as one faces the rear of one's own property. Timberlake Associates, its successors or assigns shall be exempt from all of the provisions of this paragraph as to initial conveyances, re -acquisitions and re -conveyances of any and all said tracts. It -is further provided that if the owner or owners of any lot being sold or conveyed shall incorporate in the deed of conveyance, or attach to the deed of conveyance, to be recorded therewith, an affidavit under oath that the provisions of this paragraph have been complied with by said owner or owners making the co-nveyance, that none of the parties having a right of first refusal have exercised their right to purchase the property, such affidavit shall create a conclusive presumption that the paragraph has been complied with and any purchaser or purchasers, or their successors in title, may rely upon said affidavit, as to compliance with this paragraph, and the title to any property - 10 - 291 so conveyed shall be valid in perpetuity and immune from the objection or attack by any person or party whatsoever as to compliance with this paragraph of these restrictions. 35. The invalidation by any court of any restrictions herein shall in no way affect any of the other restrictions, and they shall remain in full force and effect. 36. Timberlake Associates, its successors or assigns, reserves the right alone to waive any one or all of these restrictive covenants, conditions, reservations and restrictions as to the use or sale of any tract or tracts, and it further reserves the right alone to impose additional restrictive covenants, conditions, reservations and restrictions as to the use or sale of tract, which it owns as of the date of such imposition. Such imposition shall not affect the binding effects of these provisions upon any other tracts. 37. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now ,-owned or hereafter acquired by Timberlake Associates, its successors or assigns in title, whether such land be joining, adjacent to or otherwise related in any way to Timberlake Associates, its successors or assigns, or the property herein dedicated and platted. 38. The provisions herein contained shall run with and bind the land and each is enforceable by Timberlake Associates, its successors and assigns in title and by any owner of any tract. 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. 39. Throughout these restrictions the term "Timberlake Associates, its successors or assigns", shall refer to the 494 292 present or the future owner of this subdivision, or a substantial portion thereof, whose business it is to own, develop and/or sell real property. Throughout the course of this document, use of the singular shall be construed to include the plural and visa versa, and the use of the male form shall be interpreted to include the female when the context so indicates. WITNESS the following signatures and seals: TIMBERLAKE ASSOCIATES By JSEAL) • Partner j' y '� (SEAL) Partner STATE OF VIRGINIA OF...22,",h�ZJIV to -wit: ✓ n a Notary Public in and for the State and�r aforesaid, do hereby certify that J C. EUGENE BAYLISS and ROBERT M. BAYLISS, whose names are signed to the foregoing Deed of Dedication and Declaration of Plat dated the (.64- day of ri , 1978, on behalf of Timberlake Associates as partners of said partnership, have acknowledged the same to be the act and deed of said partnership before me in my State and aforesaid. Given under my hand this ��t,L day of. Apr , 1978. My Commission expires�.«� Notary Public - 12 - ^,IJS DEED OF DPDICIATTO'N2VNV"rOTA4 ATTOz3 OF rLAT for UJTUM ',,TLLS ESTATLY's, Section ection 14 r.-iade and dated t I .!ay of 1971. WI-FREAS, Tinberlake 7,_.usocillltes, a IV-irclinia .-!cneral. _.rtnershi-, desires to dedicate, I 7 ­ _)rtion of t1hat certain �parcel of lan,lf con�,-aininq- 3210 . ) . .::revs, nore or less, conveyed to it b.v a 7�­:ied 11rorm CharIF's e,- al, '.dated the 30th �Iay of n.�cemryer, nr�fjce of t`jo. °'Ierk of the Circuit ,..�urt of Frederick ("ounty, 77it in r�c�,f_ 366 and following. -ron THEM- \--, T711S D7,1:1D r7 "/or dedication OF the -1 n consent an" ,��,Jjowing 4Qscril.1c,�d land is t' accor&anca with tl-ie dasire of thO urn-jersiqned 01--iner, :ks,sociates, signatur, _)f tho T)�rtners Ithereol:. certain parcel of lan..-.1, locatei:,"! in Frederick County, virginia, )articul,arl,,- anJ 3,-ascribe-,J or '%tliose cortain she,,:-?' prepared by -;j. I C viC Lee lrgram, Cortillried �i,,Irvc�yor, atached her#r�to an� �A �1­ 1. L_ LtI ,-),s r lats thro,,igh ol- 3-ection t,�)n 3 n t -a in i rL tes, cq, _ 5 .9 more or 1�:,,ss and tracts7 ."7y6ing a T ,)ortion of the reel property �,�nvr_,=r�j to ,,Iimb�rlake Associates I-)y Deed of 71,,Rrles 0.. of I- tat�_ ,Iter ii. 7ounq, d,,Cc!a,sed, Ind --rgaret is recorJefd in the afore, ujj,,, wl. at T, 4 T., said F f 6, and foll'ow"__ T I,,r tracts in ,'a: visimn arc s- ecificallv suti-Ject u ti- '14- C, 1-,=rvations anet Al:Dwinri o �-o.strictions, which q !-a"' 1 ap, `0 each and (-,_v,�ry lot S",OWn I I , ?ly fit thi: atta c1led plat, excePt- wher- i.-_ ht--r,,-.in -,:)rnvide(4.- II1. All streets ana roads shown orl,tlie at-Lac'!iek.. Piz�iL -ir(- not _)uI -)J-,c:all y c-wned witt- tl-o me;i.nincr of I- Code of Virginia, 1950 as amended, nor are they publically intained. 2. TVo structure or building of any kind, or construction f any sort shall he placed or begun upon any numbered tract f this subdivision unless and until plans and description f same shall have been submitted in duplicate to, and owed in writing by the Architectural com Witte€= appointed Lv the -3oard of 1:,.irectors of the Autumn rills T.'states '',roperty ers Association, Timberlake Associates or its assigns. 3. Fxcept with the written consent of the Architectural ttee, no mobile home, .-,--e house, house trailer, tent r any other temporary living quarters (including basements f homes to be constructed) shall be placed, maintained or ccupied on any tract; provided, however, that mobiles travel railers, self propelled motor homes and tents for camping ay be used on all tracts for a period not exceeding thirty (.30) days at any one time, provided they are at least fifty (50) feet from the nearest property line, and are screened ither by woods or a combination of trees or shrubbery, are not visible either by the occupants of the adjacent operty or from streets and roadways. This restriction oes not prohibit the parking of unoccupied travel trailers, avel camper units or self propelled motor homes in driveways parking areas of single family homes when said driveways parking areas have been approved by the Architectural ttee. 4. No temporary structure or outbuilding shall be laced or erected on any tract; provided, however, that the chitectural Committee may approve the construction of a rmanent building for the storage of tools and other small uipment provided such building shall become a permanent tbuilding of the residence when constructed and is not ased as living quarters. The Architectural committee may also, :aeon proper application, grant permission for a temporary structure for the storage of tools, equipment and naterials kdurinq construction. 5. Anv structure erected or placed on any tract shall be set back at least fifty (SO) feet from front and rear property lines, and thirty (30) feet from each side property line. The Architectural Committee shall have the authority to allow variances and adjustments to this restriction which do not conflict with governmental ordinances and, regulations in order to overcome practical difficulties and to prevent unnecessary hardship in the application and, enforcement of the provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from or mar the natural beauty of the surroundings. All structures constructed or placed on any tract shall be constructed with a substantial quantity of new materials and no used structures shall be relocatee lor placed on any tract. 7. All single -story, split-level or split -foyer dwellings must contain a minimum ground -floor area of one thousand (1300) square feet and must be at least twenty (10) feet wide on the side, front, or back nearest the street or roadway. All two-story dwellings must contain a minimur, ,ground floor area of eight hundred (800) square feet an(a must contain a minimum of two hundred (200) square feet on the second floor, and as to the side, front, or back nearest the street or roadway, it must be at least twenty (20) feet wide. All square footage computations shall be exclusive of 11 porches, patios, garages, basements and storage areas. ;O . 3 - construction or improvements shall be made upon areas reserved for easements. B. Each property owner erecting a dwelling on their tract shall have nine () onths from the beginning of construction to complete the exterior construction, including grading, seeding and landscaping. The Architectural Committee shall have the authority to approve an extension of time in order to overcome practical difficulties and to prevent unnecessaryhardship in the application this provision. 9. Garages, porches, patios, buildings, if built, shall be attached to, and a part of the lain dwelling, unless otherwise approved in writing by the Architectural Committee. 10. No more than one single-family dwelling may be built on any one tract and no tract may be subdivided or easements granted without the written approval of Timberlake Associates, its successors or assigns. 11. No dwelling shall be used for any other than single- family residential purposes, except on tracts otherwise designated by Timberlake Associates, its successors or assigns, and no offensive activity shall be carried. on, in separate structures and/or on said tracts, nor shall anything The done thereon which may constitute or become an annoyance or a nuisance. 12, No owner of any tract shall build or permit the building thereon of any dwelling house or other structure that is to be used as a model or exhibit unless prior written permission to do so shall have been obtained from. Tiriberla.ke Associates, its successors or assigns. 13. Any dwelling or other structure on any tract in the Section or Subdivision, which may be destroyed in part by fire, windstormi, act of !3,-�J or any other cause, i-ast be rebuilt ant;/or all Jebris --,:-.,Move(I and the rjro,.oertv restore-; to a sig-Itly condition with reasonable pro.mrtness. 0 r Sta_�_ 0 1'. 0, -repair exist ill no event shall such debris 0 ,-onths. -.)ng-.r than six 0 14. The Arci'At(:-ctural Corunittea 'shall have the, right -ions as to the hoi-flit an(I "Ir -o Set 2D reaulal.. Ad aut, -'rit- t .A 5iz�. r=aquirements for all ty-pes of Inuililings and structures ,)n any tract, includinc- fencns', walls, Inc'f copincf'�!. 1.5. 11n orJ,2r to preserve the,natural quality aM aesthetic .1,pearance of th,,:) su.1-division, all fences on any tract m, st . '4 � :,ie, a-,pproved in wri'�-A-ng I)y Vie, Ar(�.-hitectural Comm ittee. 14- i s -.,.,-,),provai will snecify ttle type of f,4�nce, rnaterial<,i,, Color, �°Uqht, length and other construction slPeni'Fi IG. All outdoor Clothes lines, poles and sii-.diar e.quipment -:hall be so place.. -I or screened. by shrubbery or trees so as -ot to be visil-lex frcrm any street, roacNiav or (lesi-niate,,.1 i I f-ecreation area within the suh­.1ivision. 17. Ti.'_ beriahe its s!ucce>sors or ;isrA_­Inc%, I _as,,rv-,s a right of iv -ay anf.,I/or an -,-,asem,,-nt upon, ,�=oss and through said tracts 'Jrfthe pur,,�,c',�t� oIf- ,,.)cirating, maintaining and. repairing Utiiity lidos or ._loctrical, teleT)hono, other -dublic utilities, an,�' �.r;dna�:a for siarface watcr where ir"Icessar'y to ;',iaintain ,roper drainage Ef,->r the protection of ')rdperty, appear".An:_,�? -)xid the health and safety of- prop -arty owners, roservin(- to Associates, its succfwlssors or assigns the sol_­ to convey t"­,e riqlits '­rp-by reserve_,,5.. 1.'3. In t1le evont an owner of any tract in the 7ubCivision :;]-tall fail to maintain the pre rds-es or t1ne im P 1--lituate(II thereon in conformity wit1h, these restrictions, the -ave_ the riflit, t1irough ro,,)erty OT!ner's 7�ssocizatiox n shall, In its agents and employees, to enter upon the premises and r, maintain and restore the property and improvements o the exterior of the dwelling, structures and any other mprovements erected thereon. The cost of such repair and aintenance shall be added to and become a part of the nnual charge to which such tract is subject. 19. No living tree over six (6) inches in diameter hall be cut down or removed from any tract, without permission f the Architectural Committee, unless it is within twenty ('20) feet of the main dwelling or within ten (10) feet of ccessory buildings of the approved site for such dwelling building. However, any tree which is a threat to the alth, safety and welfare of any person may be removed adiately without such permission. 20. -,o open fires shall be permitted on any part of the perty, except in outdoor fireplaces and incinerators ipped with fire screens, unless written approval is ained from Timberlake Associates, its successors or ssigns or the Architectural Committee as appropriate. 21. No signs of any nature whatsoever shall be Permitted o be placed on platted residential tracts by the owner or is agent, except one name sign not exceeding eight (8) riches in height and forty (40) inches in length unless ritten permission is secured from Timberlake Associates, is successors or assigns, or the Architectural Committee as ppropriate. 22. Garbage must be kept in covered metal or plastic ontainers, and trash shall be kept in rigid plastic or 1 containers, and all of it disposed of in accordance th governmental ordinances and directives, and the rules d regulations of Timberlake Associates, its successors or Rassiqns. - 6 - -il"Ies, shot(juns, or otlier fireAr.,-s of !-va i t t e d to be' used. in tl.Ao oa� C7 res?rw�(I antl/or desiTnat(---(! �clr .ach use, y Tiinb, alze ocic -�s;, itr- successors or refinin-, quarryim- -4. 1'-vo oil or nataral qas drillill,l mining opration of any kind shall be cexnitte�! upon or .It!,-Iin the 1,,o-an,Iaries of any -platte4i, tract, aril no (lerrick other structure for use, in !)orinq for oil or -n.aintaineor ptar d -mitted on any -at,jral gas shall be er,,�cted,.i -i ratted tract within the subdivision. 25. All roadways, str,,.ets and riqlit-s or way shown on _e attached pl,m-s are ':private and for the ritjht of ingress ,ad egres3 to tr3ct-.9 from t'7w public higbiway J'or tract nors, their acjentw and invitees of tract oners who are � ­mbera in good st-anjinq of the 'PI-o-)erty Ov."Iners 7%.r.sociation. 16. No vehicles s�:all be rcgularly parked on any street r roadwav in the suh-division. 7ach tract owner onstruct an(! maintain suitable an(14 adequate drivewav an-* 11parking areas on his propk:�rt.y for vahicle 7 commercial or busimi:tss enter,j)ri.9-as ear. - lowed on an~ i)latted reside-ritial tract and no hoavv vehicles OquiprIllent used in industry or commercial activiti,-?s shall regularly parked or stored an any tract. stripped down, wrecked, inoperablre. or junk rotor I er(- .thicles, karts thereof or accessory th :!to, shall to be Parked r rr)- tl�,�r st�vnn (7) ...ays on any street, rozxaway or tract of land. 9 All dwelling houses, and anoroved outbuildincis, ehon uired, shall be connected to th(!ir own approved water up;-1-v and !!�ey:,tic system.i. There shall he no outhoases for nur- loi,? re-asonahli.: variances and adjustments of these restrictions in order to overcome practical dif f iculties and to prevent unnaces3ary liardships in the application of tha provisions containe.! tarein; 'xovided ftoc,tever, that sucl.-A is 'd.on.e in conformity with the intent anf.'f purpose her�:�of- - and -'provi'dad a -so tA'at ir, every instance, such variance or adjustri).ent will not Le materially dt:trine ntal or injurious to other -)roperty or LiAprovements, in the neighborhood, the Sction or the Subdivision. 31. Each, tract- owner or holder of a valid real estate sales contract not in default for the w urch3ZO Of a tract in the Subdivision knou-n as Autwn IlAills T'states is to baconie a nienwer of the Autwin 11ills YIstat ,:�s 1roperty ()Wners iNssocl-ation, and to pay when clue the annual assess7ment to be levied upon each tract to defray the cost o-E the main-enance of roads and all recreational facilities and ameniti,-*�s used ane, maintained by the Pronerty ()vners 7,,9sociation and its ii'iczwersiiip. 32. Should any tract- o;,,*ner payment of dues or assessn�ents to the i;-roparty C�w"ners "Issociation, that are used for the maintenance of roads and. recreational facilities and amenities, they shall be denied the use of said recreational facilities and artenities until such t-I'Vle as the delinquency has been eliminated; provided, however, that said tract owner shall, at all times, have the right to access over the Private roaOr, in. t1h!7-0'.Aivision to and fror Lheir property by the nearest rout-e. f7uch delinquent dues shall bear interest Alrom the date of the delinquency at the rate of sevn . percent per annum and shall, upon the ,?ate of delinquency, constitute a lien on each tract to w1iich the eAelinquency pertains, the said lien to cov-.;.r the principal amnount of the delinquent. charqe, interest and 11reasonal-ile attorney's fr,�es inc"r-red in 11--hc CoIL,-ction thereof. every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court of rrederick County, Virginia, any time within three (3) years after the date of the delinquency. The remedy of foreclosure is non-exclusive and the Autumn Bills Property owners Association reserves all other remedies provided by law for the collection of the delinquencies. The I Autumn iiiiis estates Property 0,wners Association has the right to publish the names of delinquent property owners in such manner as it may deem appropriate. The written dated statement of the Property Owners Association that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 33. !,lembership in Autumn 11ills L',states Property Owners �Association is mandatory for all persons or cnities owning 1property in Autumn Hills Estates, and no such person or lenity shall acquire title until they have been approved for ship in the Property owners Association by Timberlake sociates, its successors or assigns, nor shall the owner of a tract or tracts in the subdivision convey title to sFli.l tract or tracts to any person or enity whLo has not been ad in writing for membership in the Property Owners Nssociation by Timberlake Associates, its successors or assigns. 34. Whenever the owner of any tract in the Section or Subdivision shall receive a bona fide, acceptable offer to purchase said tract or shall independently decide to offer said tract for sale, said owner shall offer to sell Vikl tract at the price and on the same terms and conditions contained in said bona fide offer to purchase or independent offer to sell, first to the owner of the tract on the right of the offered property, next to the owner of the tract on the left of the offered property, said offer to be in writing naiad sent to the last known mailing addresses of said owners as indicated on the tax recoras of rrederick County, 7irginia. if these offers are diclined. the proaarty will be offered next to Timberlake Associates, its succeenors or assigns. Said offers to be made successively, and each of saie offerOns shall have ten (10) days from the verifiable data of the mailing of the offer within which to accept or refuse such offer. Tf all caid offeroes refuse to purchase said tract at the price an& on the terms propo7ed by said owner, saie owner shall be free, subiect to the limitations containc'', herein requiring the p"rchaser to to awroveJ for nambershi-p in the Property owners Association, to sell said tract to the ?urcbaser of their choice on terms not substantial17 nor e favorable to the purchaser than those offerci, as lafornsaid, to said owners, neighbors and Timberlake nssociates, it I s successors or asAgns. Tho "tract on the right" for the purpose of this paragra?h, shall be the adjacent tract on one's riqAt hand as one faces the roar.of one's own property. Timberlake Associates, its successors orappigns,shall be exempt from all 07 tho provisions of this paragraph as to initial conveyances, re-acquigitions and,re-convey ances of any and all said tracts. it is further provided that if the owner or owners of any lot heinq WN Or Conveyed shall incorporate in the deed of conveyance, or attach to the JeM of conveyance, to he recorded therewith, an affidavit under loath that the provisions of this paragraph have been comnlied Wit hly said owner or owners making the conveyance, that of the parties having a right of first refusal have Warcisid their right to purchase the property, such affiOnvit shall create a conclusive presibm?tion that the paragraph has been complied with aM any purchaser or purchasers, or their Isuccessors in title, may rely upon said affiJavit, as to Hcompliance with this paragraph, and the titla to any pro?erty . In - so conyee' 'oe valid in parpetuity xid immain-.-- Frozi thf,--- Objection or attack � y any p,�rso-n orlparty to --oipliance witi-I thi:3 ixtraw1ra)II o� C, ' Irestriction's. 3. The invali,114atiork by any court of any restrict -ion---. ..erein shall in no way affect any of the other restrictions, --nd they shall remain in full force and effect. 36. Tirnberlake Ps-,sociates, its succ,assors or assi�TTI�-'r o waive an-y one or all of t'lest crve-s the -t riqht alone L. - restrictive covenants, conditions, reservations ,-�.s to the use or sale of any tract or tracts, and it FurtI-Ier reserves the right alone to impose additional restrictive -,ovenants, conditions, reservations ;-:xnd restrictions ::,.s to the use or sale of tract, which it owns as of. the date of pop !,Ot n.f4C, thf- Ct --ir it indinT effaCtS Of those -provisions upon any 0;:hur trZ Thc� coveriarits and restrictions I,V=�J-n con a 7 ne, 3hall not im7)ose any restraint on any portion of land now or hereafter acquired by Tiriberla'Ke ,\.c.sociates, its successors or assigns in title, whether such land be joining, ad jacent to or otherwise rolated in any way to Timberlake itS sill, cce ssior s or assi(-ns, or the nroprtxi rein dedia.;a-ed aiik! i4attu 38. The provisions herein contained shall run -r,-.7ith and "AnJ the land and each is enforceable by -i-mberlake-Associatos, its successors and assigns in title an:.! by any owner of any tract. The failure of any of them to CITIforce any covenants, conditions, reservations or restrictions contained herein not he aeerx--d, to be a waiver of the right to do so thereafter as to a do fault Occurring prior or subsequent 39. Throughout the:, -se restrictions the term s f (�,-r to t7-,e ,ssociates, its successors or assi,,ji shall ro present or the future owner of this subdivision, or a substantial portion thereof, whose business it is to own, develop and/or sell real property. 'throughout the course of this document, use: of the singular shall be construed to include the 'plural and visa versa, and the use of the male form shall be interpreted to include the female when the context so indicates. BIT1,1ESS the following signatures and. seals " IMBERLAKE ASSOCIATES IU r" rartner I t (SEAL) T rtner STATE OF Ali RGINIA F�-i}" 1 to -wit a Notary public in and for the State and aforesaid, do hereby certify that C. EUGENE BAYLISS and RGBIRT M. BAYLISS, whore names are signed to the foregoing need of Dedication and Declaration of Plat dated the .lay of , 1979, on behalf of. Timberlake Associates as partners of said partnership, have acknowledged the same to be the act and deed: of said partnership before me in my State and aforesaid.,,, Given under my hand this day of � , 1978. My Commission expires a t DAv10 J. ANORE ATTORNC/ AT LAMS VMC14CETz*.V11iO1N1A 22001 trp>..s...o THIS DEED OF DEDICATION AND DECLARATION OF PLAT for AUTUMN HILLS ESTATES, Section A_, made and dated this day of April,.1978. WHEREAS, Timberlake Associates, a Virginia general partnership, desires to dedicate, plat and subdivide a portion of that certain parcel of land, containing 320.52 acres, more or less, conveyed to it by a Deed from Charles O. Cornelison, Executor, et al, dated the 30th day of December, 1972, recorded,in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 402 at Page 366 and following. NOW, THEREFORE, THIS DEED OF DEDICATION AND 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, Timberlake Associates, as evidenced by the signature of the partners thereof. All of that certain parcel of land, located in Gainesboro Magisterial District, Frederick County, Virginia, more particularly shown and described on those certain sheets prepared by David Lee Ingram, Certified Land Surveyor, attached hereto and described as Plats A through of Section of Autumn Hills Estates, containing acres, more or less and (3 tracts; being a portion of the real property conveyed to Timberlake Associates by Deed of Charles 0. Cornelison, Executor of the Estate of Walter H. Young, deceased, and Margaret C. Young, which Deed is recorded in the afore- said Clerk's Office in Deed Book 402 at Page 366, and following. The tracts in this subdivision are specifically subject Ito 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. All streets and roads shown on the attached plat are not publically owned within the meaning of § 15.1-478 of the Code of Virginia, 1950 as amended, not are they publically maintained. 2. No structure or building ofi any kind, or construction of any sort shall be placed or begun upon any numbered tract of this subdivision unless and until plans and descriptions of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Autumn Hills Estates Property Owners Association, Timberlake Associates or its assigns. 3. Except with the written consent of the Architectural Committee, no mobile home, mobile house, house trailer, tent or any other temporary living quarters (including basements of homes to be constructed) shall be placed, maintained or occupied on any tract; provided, however, that mobile travel trailers, self propelled motor homes and tents for camping may be used on all tracts for a period not exceeding thirty (30) days at any one time, provided they are at least fifty (50) feet from the nearest property line, and are screened either by woods or a combination of trees or shrubbery, and are not visible either by the occupants of the adjacent property or from streets and roadways. This restriction does not prohibit the parking of unoccupied travel trailers, travel camper units or self propelled motor homes in driveways and parking areas of single family homes when said driveways and parking areas have been approved by the Architectural Committee. 4. No temporary structure or outbuilding shall be placed or erected on any tract; provided, however, that the Architectural Committee may approve the construction of a permanent building for the storage of tools and other small equipment provided such building shall become a permanent outbuilding of the residence when constructed and is not - 2 - used as living quarters. The Architectural Committee may also, upon proper application, grant permission for a temporary structure for the storage of tools, equipment and materials during construction. 5. Any structure erected or placed on any tract shall be set back at least fifty (50) feet from front and rear property lines, and thirty (30) feet from each side property line. The Architectural Committee shall have the authority to allow variances and adjustments to this restriction which do not conflict with governmental ordinances and regulations in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of the provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from or mar the natural beauty of the surroundings. All structures constructed or placed on any tract shall be constructed with a substantial quantity of new materials and no used structures shall be relocated or placed on any tract. 7. All single -story, split-level or split -foyer dwellings must contain a minimum ground -floor area of one thousand (1000) square feet and must be at least twenty (20) feet wide on the side, front,,or back nearest the street or roadway. All two-story dwellings must contain a minimum ground floor area of eight hundred (800) square feet and must contain a minimum of two hundred (200) square feet on the second floor, and as to the side, front, or back nearest the street or roadway, it must be at least twenty (20) feet wide. All square footage computations shall be exclusive of porches, patios, garages, basements and storage areas. No 3 - construction or improvements shall be made upon areas reserved for easements. 8. Each property owner erecting a dwelling on their tract shall have nine (9) months from the beginning of construction to complete the exterior construction, including grading, seeding and landscaping. The Architectural Committee shall have the authority to approve an extension of time in order to overcome Ipractical difficulties and to prevent unnecessary hardship in the application and enforcement of this provision. 9. Garages, .porches, patios, carports or storage buildings, if built, shall be attached to, and a part of the main dwelling, unless otherwise approved in writing by the Architectural Committee. 10. No more than one single-family dwelling may be built on any one tract and no tract may be subdivided or easements granted without the written approval of Timberlake Associates, its successors or assigns. 11. No dwelling shall be used for any other than single- family residential purposes, except on tracts otherwise designated by Timberlake Associates, its successors or assigns,.and no offensive activity shall be carried on, in separate structures and/or on said tracts, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. 12. No owner of any tract shall build or permit the building thereon of any dwelling house or other structure that is to be used as a model or exhibit unless prior written permission to do so shall have been obtained from Timberlake Associates, its successors or assigns. 13. Any dwelling or other structure on any tract in the 'Section or Subdivision, which may be destroyed in whole or 4 - in part by fire, windstorm, act of God or any other cause, must be rebuilt and/or all debris removed and the property restored to a sightly condition with reasonable promptness. In no event shall such debris or state of non -repair exist longer than six (6) months. 14. The Architectural Committee shall have the right and,authority to set up regulations as to the height and size requirements for all types of buildings and structures on any tract, including fences, walls, and copings. 15. In order to preserve the natural quality and aesthetic appearance of the subdivision, all fences on any tract must be approved in writing by the Architectural Committee. This approval will specify the type of fence, materials, color, height, length and other construction specifications. 16. All outdoor clothes lines, poles and similar equipment shall be so placed or screened by shrubbery or trees so as not to be visible from any street, roadway or designated recreation area within the subdivision. 17. Timberlake Associates, its successors or assigns, reserves a right of way and/or an easement upon, over, across and through said tracts for the purpose of assigning, operating, maintaining and repairing public utility lines for electrical, telephone, other public utilities, and drainage for surface water where necessary to maintain proper drainage for the protection of property, appearance and the health and safety of property owners, reserving to Timberlake Associates, its successors or assigns the sole right to convey the rights hereby reserved. 18. In the event an owner of any tract in the Subdivision shall fail to maintain the premises or the improvements situated thereon in conformity with these restrictions, the Property Owner's Association shall have the right, through - 5 - its agents and employees, to enter upon the premises and repair, maintain and restore the property and improvements to the exterior of the dwelling, structures and any other improvements erected thereon. The cost of such repair and maintenance shall be added to and become a part of the annual charge to which such tract is subject. 19. No living tree over six (6) inches in diameter shall be cut down or removed from any tract, without permission of the Architectural Committee, unless it is within twenty (20) feet of the main dwelling or within ten (10) feet of accessory buildings of the approved site for.such dwelling or building. However, any tree which is a threat to the health, safety and welfare of any person may be removed immediately without such permission. 20. No open fires shall be permitted on any part of the property, except in outdoor fireplaces and incinerators equipped with fire screens, unless written approval is obtained from Timberlake Associates, its successors or assigns or the Architectural Committee as appropriate. 21. No signs of any nature whatsoever shall be permitted to be placed on platted residential tracts by the owner or his agent, except one name sign not exceeding eight (8) inches in height and forty (40) inches in length unless written permission is secured from Timberlake Associates, its successors or assigns, or the Architectural Committee as appropriate. 22. Garbage must be kept in covered metal or plastic containers, and trash shall be kept in rigid plastic or metal containers; and all of it disposed of in accordance with governmental ordinances and directives, and the rules and regulations of Timberlake Associates, its successors or assigns. ■M 23. No rifles, shotguns, handguns or other firearms of any type shall be permitted to be used anywhere in the subdivision, except in areas reserved and/or designated for such use by TimberlakeAssociates, its successors or assigns. 24. No oil or natural gas drilling, refining, quarrying or mining operation of any kind shall be permitted upon or within the boundaries of any platted tract and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any platted tract within the subdivision. 25. All roadways, streets and rights of way shown on the attached plats are private and for the right of ingress and egress to tracts from the public highway for tract owners, their agents and invitees of tract owners who are members in good standing of the Property Owners Association. 26. No vehicles shall be regularly parked on any street or roadway in the subdivision. Each tract owner shall construct and maintain suitable and adequate driveway and parking areas on his property for vehicle parking. 27. No commercial or business type enterprises are allowed on any platted residential tract and no heavy vehicles or equipment used in industry or commercial activities shall be regularly parked or stored on any tract. 28. No stripped down, wrecked, inoperable or junk motor vehicles, parts thereof or accessory thereto, shall be permitted to be parked or placed for more than seven (7) days on any street, roadway or tract of land. 29. All dwelling houses and approved outbuildings, when required, shall be connected to their own approved water supply and septic system. There shall be no outhouses for such purposes. 30. The Architectural Committee may allow reasonable - 7 - variances and adjustments of these restrictions in order to overcome practical difficulties and.to prevent unnecessary hardships in the application of the provisions contained herein; provided however, that such is done in conformity with the intent and purpose hereof and provided also that in every instance, such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood, the Section or the Subdivision. 31. Each tract owner or holder of a valid real estate sales contract not in default for the purchase of a tract in the Subdivision known as Autumn Hills Estates is obligated to become a member of the Autumn Hills Estates Property Owners Association, and to pay when due the annual assessment to be levied upon each tract to defray the cost of the maintenance of roads and all recreational facilities and amenities used and maintained by the Property Owners Association and its membership. 32.' Should any tract owner become delinquent in the payment of dues or assessments to the Property Owners Association, that are used for the maintenance of roads and recreational facilities and amenities, they shall be denied the use of said recreational facilities and amenities until such time as the delinquency has been eliminated; provided, however, that said tract owner shall, at all times, have the right to access over the private roads in the Subdivision to and from their property by the nearest route. Such delinquent dues shall bear interest from the date of the delinquency at the rate of seven (7) percent per annum and shall, upon the date of delinquency, constitute a lien on each tract to which the delinquency pertains, the said lien to cover the principal amount of the delinquent charge, interest and reasonable attorney's fees incurred in the collection thereof. Every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court of Frederick County, Virginia, any time within three (3) years after the date of the delinquency. The remedy of foreclosure is non-exclusive and the Autumn Hills Property Owners Association reserves all other remedies provided by law for the collection of the delinquencies. The Autumn Hills Estates Property Owners Association has the right to publish the names of delinquent property owners in such manner as it may deem appropriate. The written dated statement of the Property Owners Association that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 33. Membership in Autumn Hills Estates Property Owners Association is mandatory for all persons or enities owning property in Autumn Hills Estates, and no such person or enity shall acquire title until they have been approved for membership in -the Property Owners Association by Timberlake Associates, its successors or assigns, nor shall the owner of a tract or tracts in the subdivision convey title to said tract or tracts to any person or enity who has not been approved in writing for membership in the Property Owners Association by Timberlake Associates, its successors or assigns. 34. Whenever the owner of any tract in the Section or Subdivision shall receive a bona fide, acceptable offer to purchase said tract or shall independently decide to offer said tract for sale, said owner shall offer to sell said tract at the price and on the same terms and conditions contained in said bona fide offer to purchase or independent offer to sell, first to the owner of the tract on the right of the offered property, next to the owner of the tract on the left of the offered property, said offer to be in writing " and sent to the last known mailing addresses of said owners 9 - as indicated on the tax records of Frederick County, Virginia. If these offers are declined, the property will be offered next to Timberlake Associates, its successors or assigns. Said offers to be made successively, and each of said offerees shall have ten (10) days from the verifiable date of the mailing of the offer within which to accept or refuse such offer. If all said•offerees refuse to purchase said tract at the price and on the terms proposed by said owner, said owner shall be free, subject to the limitations contained herein requiring the purchaser to be approved for membership in the Property Owners Association, to sell said tract to the purchaser of their choice on terms not substantially more favorable to the purchaser than those offered, as aforesaid, to said owners, neighbors and Timberlake Associates, its successors or assigns. The "tract on the right" for the purpose of this paragraph, shall be the adjacent tract on one's right hand as one faces the rear of one's own property. Timberlake Associates, its successors or assigns shall be exempt from all of the provisions of this paragraph as to initial conveyances, re -acquisitions and re -conveyances of any and all said tracts. It is further provided that if the owner or owners of any lot being sold or conveyed shall incorporate in the deed of conveyance, or attach to the deed of conveyance, to be recorded therewith, an affidavit under oath that the provisions of this paragraph have been complied with by said owner or owners making the conveyance, that none of the parties having a right of first refusal have exercised their right to purchase the property, such affidavit shall create a.conclusive presumption that the paragraph has been complied -with and any purchaser or purchasers, or their - successors in title, may rely upon said affidavit, as to compliance with this paragraph, and the title to any property 10 - so conveyed shall be valid in perpetuity and immune from the objection or attack by any person or party whatsoever as to compliance with this paragraph of these restrictions. 35. The invalidation by any court of any restrictions herein shall in no way affect any of the other restrictions, and they shall remain in full force and effect. 36. Timberlake Associates,.its successors or assigns, reserves the right alone to waive any one or all of these restrictive covenants, conditions, reservations and restrictions as to the use or sale of any tract or tracts, and it further reserves the right alone to impose additional restrictive covenants, conditions, reservations and restrictions as to the use or sale of tract, which it owns as of the date of such imposition. Such imposition shall not affect the binding effects of these provisions upon any other tracts. 37. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Timberlake Associates, its successors or assigns in title, whether such land be joining, adjacent to or otherwise related in any way to Timberlake Associates, its successors or assigns, or the property herein dedicated and platted. 38. The provisions herein contained shall run with and bind the land and each is enforceable by Timberlake Associates, its successors and assigns in title and by any owner of any tract. 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. 39. Throughout these restrictions the term "Timberlake Associates, its successors or assigns", shall refer to the - 11 - present or the future owner of this subdivision, or a substantial portion thereof, whose business it is to own, develop and/or sell real property. Throughout the course of this document, use of the singular shall be construed to include the plural and visa versa, and the use of the male form shall be interpreted to include the female when the context so indicates. WITNESS the following signatures and seals: TIMBERLAKE ASSOCIATES BY g SEAL) Partn r B L264Z'177 �y (SEAL) Partner STATE OF VIRGINIA OF`Gn� to -wit: I, LJCirxJ�^, cc a Notary Public in and for the State and aforesaid,* do hereby certify that C. EUGENE BAYLISS and ROBERT M. BAYLISS, whose names are signed to the foregoing Deed of Dedication and Declaration of Plat dated the day of April, 1978, on behalf of Timberlake Associates as partners of said partnership, have acknowledged the same to be the act and deed of said partnership before me in my State and Cgaforesaid. Given under my hand this /,Pa_. day of April, 1978. My Commission expires Notary Pfublic - 12 - T.gTEs' 5W Two Ao 6✓,4s,��ic{�Tov o. c !✓E Ti�..Pl.�tE'+5' .�L£Sa'/i17`c�.Sj /f �i',�r�vE.�-�Y/� .r/c.�EBY rs�E s��c+'��✓cW ifvTYldlit/ �/LLS G�J7.4TL'S ;, �Sc4^T/b/f/ '? / ifs /r.4..� .R�3' oif� T.f•Fs� /r�1TS +fS if .E'6CCr•G'.fTl+dy.IC .sv�O/f�'S/cam .4riV� T�� �oCGo�c�//llry' TX/Eio.�L7i61C/Gr TLLP:S i'fif/� Of1�iVC.GS AiVO/O.� �!/.��f/iCC.ES OfGaiS .lL'�iCliC/c�if7'L�/J /S/GO.�G /if/ 3iS/i'1CG• if/OT .�G��Uc.�3T T/i�C daiRC� ctF S!//�!//SAS ;�i!/�iYbV.4Y.S To /.mot/Coe�f'o.��TGr T/fc� /o.B//�yTG'� -sT��� Ts� 3•s6H�iY A/�tsi.(/� /i(/To 77i:G� �f/iS,•i!////e/S/ sy�TeFA1 UiYf�3J .K�f/O U�T/� GoT off/iIG.BS �/.f!/E l�f/s'T.+IGCG�d� sTsl��ET /iYla.GOvc�.s/E�TS To Ti5/� �i�F�io/c.fTio.Y3 ciF. i'ii�G� 0��.�,�T.ss E.t/'T OF .s�ir+'.YLd�I�S Iil/,d 3-.«il�S�ge7.fT/opt/ .. AC�G�CII�.GG+�:�'4SE h///JY ii4F OGY/P�•S Oar T/iG OiBGLoi4/fir TOMBS. C. c�G/QB d4Yc/SS/ .4.eT/!/G�iE� �BF.BT i11• .B'Y ..S/ "�iV.tTif/�.„� ��ALTH �F INGRAM ���� GEC 11�1 �. 1235"` rq�'D SUftVE`��4 zz�©� 3 iYOTG . • GZ- V�Gof�iP �S .PET't/ifr�=1� v�✓iY�,ELS�YiP oFif i � wiG6 .Sc-c.-�iry JT.P�f' mil'-Qed.V4 TiU� �a.:Pi�7iT�,P of r.•f%� .�2o-Sz ./C, rr.IcT AiYa .s�i¢s �Lso sZ� TAiyFp -4 y�o ' /Ll.4�iYTGri[/•4if/ctr. �iVl7�v.� C/TiL�Ty .. G�i'�sG�i/ic�iYY-4fcvt/Q G�ACiY ..S /�G� or- 9G! 2 GJ2-6S' /98 �o/97• �2 s �8��3 '� r N A �l9rC,�-rsf�Ei I � I / +— — j I g'e, —1 �s'so 4zr, �- ONO. �691/B E mar 3�c . 05 yOTF" G�-vE�c,.�.� .Y�fS �ETil�i�cso os-tiyE.Psif'/-� of i0 / ' .`✓iac ..7�2'�.ricf✓rr dF Ti�� 320. sL Ace T.��vcr •oy0 y�S .- i11.fi�r/rFiti.�.[icc-� �fiR/.O�G�o !/TiG/TY Lo7 Giif/�.S'. Cl/.�liE' O.4T.1 3 2//79 ' /�2• / 3 ' /moo. �2' DAVIO J. ANDRE ATTp11Nv AT LAw w. _..... . n.." Wimcm 68TEi1. ViAGI NSA 21001 I-)- u.. THIS DEED OF DEDICATION AND DECLARATION OF PLAT for AUTUMN HILLS ESTATES, Section oL , made and dated this 19tb day of April, 1978. WHEREAS, Timberlake Associates, a Virginia general partnership, desires to dedicate,.plat and subdivide a portion of that certain parcel of land, containing 320.52 acres, more or less, conveyed to it by a Deed from Charles 0. Cornelison, Executor, et al, dated the 30th day of December, 1972, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 402 at Page 366 and following. NOW, THEREFORE, THIS DEED OF DEDICATION AND 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, Timberlake Associates, as evidenced by the signature of the partners thereof. All of that certain parcel of land, located in Gainesboro Magisterial District, Frederick County, Virginia, more particularly shown and described on those certain sheets prepared by David Lee Ingram, Certified Land Surveyor, attached hereto and described as Plats A through :3 of Section , of Autumn Hills Estates, containing 48. acres, more or less and q tracts; being a portion of the real property conveyed to Timberlake Associates by Deed of Charles 0. Cornelison, Executor of the Estate of Walter H. Young, deceased, and Margaret C. Young, which Deed is recorded in the afore- said Clerk's Office in Deed Book 402 at Page 366, and following. The tracts 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. All streets and roads shown on the attached plat are not publically owned within the meaning of § 15.1-478 of the Code of Virginia, 1950 as amended, nor are they publically maintained. . 2. No structure or building of any kind, or construction of any sort shall be placed or begun upon any numbered tract of this subdivision unless and until plans and descriptions of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Autumn Hills Estates Property Owners Association, Timberlake Associates or its assigns. 3. Except with the written consent of the Architectural Committee, no mobile home, mobile house, house trailer, tent or any other temporary living quarters (including basements of homes to be constructed) shall be placed, maintained or occbpied on any tract; provided, however, that mobile travel trailers, self propelled motor homes and tents for camping may be used.on all tracts for a period not exceeding thirty (30) days at any one time, provided they are at least fifty (50) feet from the nearest property line, and are screened either by woods or a combination of trees or shrubbery, and are not visible either by the occupants of the adjacent property or from streets and roadways. This restriction does not prohibit the parking of unoccupied travel trailers, travel camper units or self propelled motor homes in driveways and parking areas of single family homes when said driveways and parking areas have been approved by the Architectural Committee. 4. No temporary structure or outbuilding shall be placed or erected on any tract; provided, however, that the Architectural Committee may approve the construction of a permanent building for the storage of tools and other small equipment provided such building shall become a per —anent outbuilding of the residence when constructed and is not 2 - used as living quarters. The Architectural Committee may also, upon proper application, grant permission for a temporary structure for the storage of tools, equipment and materials during construction. 5. Any structure erected or placed on any tract shall be set back at least fifty (50) feet from front and rear property lines, and thirty (30) feet from each side property line. The Architectural Committee shall have the authority to allow variances and adjustments to this restriction which do not conflict with governmental ordinances and regulations in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of the provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from or mar the natural beauty of the surroundings. All structures constructed or placed on any tract shall be constructed with a substantial quantity of new materials and no used structures shall be relocated or placed on any tract. 7. All single -story, split-level or split -foyer dwellings must contain a minimum ground -floor area of one thousand (1000) square feet and must be at least twenty (20) feet wide on the side, front, or back nearest the street or roadway. All two-story dwellings must contain a minimum ground floor area of eight hundred (800) square feet and, must contain a minimum of two hundred (200) square feet on the second floor, and as to the side, front, or back nearest the street or roadway, it must be at least twenty (20) feet wide. All square footage computations shall be exclusive of porches, patios, garages, basements and storage areas. No - 3 - construction or improvements shall be made upon areas reserved for easements. B. Each property owner erecting a dwelling on their tract shall have nine (9) months from the beginning of construction to complete the exterior construction, including grading, seeding and landscaping. The Architectural Committee shall have the authority to approve an extension of time in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of this provision. 9. Garages, porches, patios, carports or storage buildings, if built, shall be attached to, and a part of the main dwelling, unless otherwise approved in writing by the Architectural Committee. 10. No more than one single-family dwelling may be built on any one tract and no tract may be subdivided or easements granted without the written approval of Timberlake Associates, its successors or assigns. 11. No dwelling shall be used for any other than single- family residential purposes, except on tracts otherwise designated by Timberlake Associates, its successors or assigns, and no offensive activity shall be carried on, in separate structures and/or on said tracts, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. 12. No owner of any tract shall build or permit the building thereon of any dwelling house or other structure that is to be used as a model or exhibit unless prior written permission to do so shall have been obtained from Timberlake Associates, its successors or assigns. 13. Any dwelling or other structure on any tract in the i� Section or Subdivision, which may be destroyed in whole or - 4 - in part by fire, windstorm, act of God or any other cause, must be rebuilt and/or all debris removed and the property restored to a sightly condition with reasonable promptness. In no event shall such debris or state of non -repair exist longer than six (6) months. 14. The Architectural Committee shall have the right and authority to set up regulations as to the height and size requirements for all types of buildings and structures on any tract, including fences, walls, and copings. 15. In order to preserve the natural quality and aesthetic appearance of the subdivision, all fences on any tract must be approved in writing by the'Architectural Committee. This approval will specify the type of fence, materials, color, height, length and other construction specifications. 16. All outdoor clothes lines, poles and similar equipment shall be so placed or screened by shrubbery or trees so as not to be visible from any street, roadway or designated recreation area within the subdivision. 17. Timberlake Associates, its successors or assigns, reserves a right of way and/or an easement upon, over, across and through said tracts for the purpose of assigning, operating, maintaining and repairing public utility lines for electrical, telephone, other public utilities, and drainage for surface water where necessary to maintain proper drainage for the protection of property, appearance and the health and safety of property owners, reserving to Timberlake Associates, its successors or assigns the sole right to convey the 'rights hereby reserved. 18. In the event an owner of any tract in the Subdivision shall fail to maintain the premises or the improvements situated thereon in conformity with these restrictions, the Property Owner's Association shall have the right, through - 5 - its agents and employees, to enter upon the. premises and repair,.maintain and restore the property and improvements to the exterior of the dwelling, structures and any other improvements erected thereon. The cost of such repair and maintenance shall be added to and become a part of the annual charge to which such tract is subject. 19. No living tree over six (6) inches in diameter shall be cut down or removed from any tract, without permission of the Architectural Committee, unless it is within twenty (20) feet of the main dwelling or within ten (10) feet of accessory buildings of the approved site for such dwelling or building. However, any tree which is a threat to the health, safety and welfare of any person may be removed immediately without such permission. 20. No open fires shall be permitted on any part of the property, except in outdoor fireplaces and incinerators equipped with fire screens, unless written approval is obtained from Timberlake Associates, its successors or assigns or the Architectural Committee as appropriate. 21. No signs of any nature whatsoever shall be permitted to be placed on platted residential tracts by the owner or his agent, except one name sign not exceeding eight (8) inches in height and forty (40) inches in length unless written permission is secured from Timberlake Associates, its successors or assigns, or the Architectural Committee as appropriate. 22. Garbage must be kept in covered metal or plastic containers, and trash shall be kept in rigid plastic or metal containers; and all of it disposed of in accordance with governmental ordinances and directives, and the rules and regulations of Timberlake Associates, its successors or assigns. - 6 - 23. No rifles, shotguns, handguns or other firearms of any type shall be permitted to be used anywhere in the subdivision, except in areas reserved and/or designated for such use by Timberlake Associates, its successors or assigns. 24. No oil or natural gas drilling, refining, quarrying for mining operation of any kind shall be permitted upon or within the boundaries of any platted tract, and no derrick for other structure designed for use in boring for oil or natural-gas shall be erected, maintained or permitted on any ;platted tract within the subdivision. 25. All roadways, streets and rights of way shown on the attached plats are private and for the right of ingress and egress to tracts from the public highway for tract owners, their agents and invitees of tract owners who are members in good standing of the Property Owners Association. 26. No vehicles shall be regularly parked on any street Jor roadway in the subdivision. Each tract owner shall construct and maintain suitable and adequate driveway and sparking areas on his property for vehicle parking. 27. No commercial or business type enterprises are hallowed on any platted residential tract and no heavy vehicles for equipment used in industry or commercial activities shall The regularly parked or stored on any tract. 28. No stripped down, wrecked, inoperable or junk motor (vehicles, parts thereof or accessory thereto, shall be 1permitted to be parked or placed for more than seven (7) days on any street, roadway or tract of land. 29. All dwelling houses and approved outbuildings, when required, shall be connected to their own approved water supply and septic system. There shall be no outhouses for such purposes. 30. The Architectural Committee may allow reasonable - 7 - 2 variances and adjustments of these restrictions in order to overcome practical difficulties and.to prevent unnecessary hardships in the application of the provisions contained herein; provided however, that such is done'in conformity with the intent and purpose hereof and provided also that in every instance, such variance or adjustment will not be materially detrimental or injurious to other property or improvements in .the neighborhood, the Section or the Subdivision. 31. Each tract owner or holder of a valid real estate sales contract not in default for the purchase of a tract in the Subdivision known as Autumn Hills Estates is obligated to become a member of the Autumn Hills Estates Property Owners Association, and to pay when due the annual assessment to be levied upon each tract to defray the cost of the maintenance of roads and all recreational facilities and amenities used and maintained by the Property Owners Association and its membership. 32. Should any tract owner become delinquent'in the payment of dues or assessments to the Property Owners Association, that are used for the maintenance of roads and recreational facilities and amenities, they shall be denied the use of said recreational facilities and amenities until such time as the delinquency has been eliminated; provided, however, that said tract owner shall, at all times, have the right to access over the private roads in the Subdivision to and from their property by the nearest route. Such delinquent dues shall bear interest from the date of the delinquency at the rate of seven (7) percent per annum and shall, upon the date of delinquency, constitute a lien on each tract to which the delinquency pertains, the said lien to cover the principal amount of the delinquent charge, interest and reasonable attorney's fees incurred in the collection thereof. Every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court of Frederick County, Virginia, any time within three (3) years after the date of the delinquency. The remedy of foreclosure is non-exclusive and the Autumn Hills Property Owners Association reserves all other remedies provided by law for the collection of the delinquencies. The Autumn Hills Estates Property Owners Association has the right to publish the names of delinquent property owners in such manner as it may deem appropriate. The written dated statement of the Property Owners Association that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 33. Membership in Autumn Hills Estates Property Owners Association is mandatory for all persons or enities owning property in Autumn Hills Estates, and no such person or enity shall acquire title until they have been approved for membership in the Property Owners Association by Timberlake Associates, its successors or assigns, nor shall the owner of a tract or tracts in the subdivision convey title to said tract or tracts to any person or enity who has not been approved in writing for membership in the Property Owners Association by Timberlake Associates, its successors or assigns. 34. Whenever the owner of any tract in the Section or Subdivision shall receive a bona fide, acceptable offer to purchase said tract or shall independently decide to offer said tract for sale, said owner shall offer to sell said tract at the price and on the same terms and conditions contained in said bona fide offer to purchase or independent offer to sell, first to the owner of the tract on the right of the offered property, next to the owner of the tract on the left of the offered property,'said offer to be in writing and sent to the last known mailing addresses of said owners on TIE 'Rese- offers are declined, t',); ._`.y 0 I I nexiii to Timberlake Associates, I i ;y or Saj('4. offers to be made successi,/(_,.'y, :ii(.J of t have tei) (10) (lays from the date j;ia..I ing •of the of-Co.-r., i,Athin whi(,'r, if all s'a-LI of f erees re S at �he price and on the t.erms p) (-;I,._-.-,, ow.-,,-.. .:,r shall be free, subject to irhe hex. in requiring the purchaser to be approv-_::! rar -"-p in -"-he Property Owners Association, tc.) -,(,J 1, Lr,)- thc purchaser of their choice ia,,•m_-able to Mie pji:,cc. baser at(:.,sai 1, to'.said owners, ne iT, Ir,:J _1 ? r I I�ucces�iors 3 or a -, igns. The 1- i � ,; I . . �� .1 . .- ' - ;1. c_ t o, i r i cj _ 'furiose of this paragraph, shall be the a(.., one "S right hand as one f aces the rear of --,ne's own AGsociates, its successors or aq,3'4ns shall be I of the provisibonc; of- figrzl conveyances, ro­acquisj.L_i(:)n 0,11, tn�d &JA said tracts_ It ie r t ),ii-,- _11 i: x: ter (�vmers of -.ny* lot bd. �,_o�ld or 7 Ini::,,).r--porate irk the deed of conveyance, or -3. OfCnDn.V(-yaIIC0, to'bp recorded tI-_h-_---r.,,-t�wj_t-1), 0&ti", tba,,t the provisiono o.f th5s 1'7,�aragrapl':ii(�:ve r-omplic(I ng 11 41 loy s'alf:d' owrter or owner.s, mzk P, c:,) ir the parties having a rJ.oI)t,o--_ fij:st f pA!r6hPn-:(7­(J y i T: -to ;LAI e an�d ady pur(I i�,-i s mar ­i LAP i .1-ed with ��,,4cc,;Nrsso.rs in 'tl-tle,' may i &I Y I n •3 lazi ce with"this p�ar. aph, m so conveyed shall be valid in perpetuity and immune from the objection or attack by any person or party whatsoever as to compliance with this paragraph of these restrictions. 35. The invalidation by any court of any restrictions herein shall in no way affect any of the other,restrictions, and they shall remain in full force and effect. 36. Timberlake Associates, its successors or assigns, reserves the right alone to waive any one or all of these restrictive covenants, conditions, reservations and restrictions as to the use or sale of any tract or tracts, and it further reserves the right alone to impose additional.restrictive covenants, conditions, reservations and restrictions as to the use or sale of tract, which it owns as of the date of such imposition. Such imposition shall not affect the binding effects of these provisions upon any other tracts. 37. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Timberlake Associates, its successors or assigns in title, whether such land be joining, adjacent to or otherwise related in any way to Timberlake Associates, its successors or assigns, or the property herein dedicated and platted. 38. The provisions herein contained shall run with and bind the land .and each is enforceable by Timberlake Associates, its successors and assigns in title and by any owner of any tract. 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. 39. Throughout these restrictions the term "Timberlake Associates, its successors or assigns", shall refer to the present or the future owner of this subdivision, or a substantial portion thereof, whose business it is to own, develop and/or sell real property. Throughout the course of this document, use of the singular shall be construed to include the plural and visa versa, and the use of the male form shall be interpreted to include the female when the context so indicates. WITNESS the following signatures and seals: TIMBERLAKE ASSOCIATES By a (SEAL) Partn y (SEAL) Partner STATE OF VIRGINIA _OFt-_haY)CAt, & ► to -wit: a Notary Public in and for the State and - aforesaid, do hereby certify that C. EUGENE BAYLISS and ROBERT M. BAYLISS, whose names are. signed to the foregoing Deed of Dedication and Declaration of Plat dated the 61LL day of April, 1978, on behalf of Timberlake Associates as partners of said partnership, have acknowledged the same to be the act and deed of said partnership before me in my State and 0aforesaid. Given under my hand this day of April, 1978. My Commission expires Notary -Public - 12 - A. 740 r i N 9� �� � ,q` tll i_ ,S z3 mac'• 1 � 9 ���` � •��ifiT-oF- �'r/9Y TifSE�j-.�iY�r � _ � / IX .77 3 s tl 5I U gyp/ 57 � 1 Ph 4 �z ia!s� i � 8 l0 7 s1//Tc'fi �.siEET 3 iaC. re%9cT ,a.vo yts iJcso /v �//. 7'9' //2- /.�' //�• 8Z ' � � 8? �35T'F �.gi.Lr�iri-4.v cE� .a...o% ��c ��Y 8 03' .a, �' MA,rC,y 3 yEET / /f�/OC" .SG`CIiGP/TY ST.I�.r/� �,C✓Uii�O AEG/cif .f/TiC /7 Y ��V'Sc�'A•' ��/T Gilt/t�S• �� O.4T-4 /l/0 -�.•,�U/ems �.�� c.s! �� � / s'�i/FFT -,-- .Or a �-frcy .Sync-T T.L��CT-4+�f/O �ifS �GSo .tG�'Tif�i�/ay' Ai(/O/n� sic/ �Y c`�is�s6rYl�iVj` -IG at/� c�.�c'iS' .S/!�� oF' i1�GG Go7 C iif/GtS �- � S'G�C' / sfi'�ET :%e -- ¢ ES'TAT�s' �r�rEs ilr/E T/�.C�lf1�� .ISs�C'/ilTc�..Sj if �•9,CT.�/E.e-�Y//� .s/��EBY � rX'E sti�G7'��Sica.(/ �fl/,YU.s>ic� .f�itGs �sr.4r�'s � .Sc�'T/o�r/ g / .fs it �F.SSCs o v r.�Fs� /efrs ifs .f �esCc�.B.fTloy,}r� .3��Oif'�'SiQy -4ivd T.f�C� �-c�o�t/�/lly of F.�E�E.GiC'T CcYlvey� rI.COI�r/i-¢� o.F Ti'�G� v/'E�:'/it/i/i 4c��i!-� Til�Cif/!- ef' ..t/ro T.sf� n/i�, �Yk/9 ✓ .sysrc�itil ait/«s1 .a�vo U.r/ric co r o�ir�ees . /-svE ' !i(/S7-/IGG c�0 3 T.CEc�T /ifiJf'�a!/G il1F/1/,TS �'o Ti'�E �joG�"C'/F/C�yT/O�Y� Qf" iffG� O��.geT.yl EyT ov .s�i�//w�4yS •4�/v 7-.G��4iliSfO.e7�T/o.t/. T.l�/3 �P�c,�E�Tia.f/�!c s�i�i�is�a-�/ is .�virrf rho" F�=� ccccscivr ��V.� i�v .iL'GYiI�.OA�Yc�E �v/rs�' '7i4-� oE5/.EKES O� T/f�' �.BooiP/ETO.eS. G i +CfEi�QY Cc��T/icy 77/.4T T.s E .eF�.tc�'x�iri!-.f 7io.(/ Of' .s sve`6y-Pcr�is ccy �J.ssoc �iY y.V� S'+�cl/iV0 t/iuvE.L shy s�i��,E risio.�/ � �i L INGRAM 6� 1235U GEE' zz�oi if/oTG O Bvc�C�,� ii/�T .�ET�lYiv6o .STiC/� ��iG'dc�r .o Tiffc� P� .NETcIi O� T.YE .�Ld SZ.4C•. T.�.�c> Ay0 /s��1s 9fsa .PFT�/iyffo 4 to ' irlAiiYTc�y�if/G�� i¢i(/�j/ot UTif/ rY 416 D^vio J. ANDRE ATTomey AT U N(CNESTCA. V11i61NU 220*1 THIS DEED OF DEDICATION AND DECLARATION OF PLAT for AUTUMN HILLS ESTATES, Section 3 , made and dated this /tb day of April, 1978. WHEREAS, Timberlake Associates, a Virginia general partnership, desires to dedicate, plat and subdivide a portion of that certain parcel of land, containing 320.52 acres, more or less, conveyed to it by a Deed from Charles O. Cornelison, Executor, et al, dated the 30th day of December, 1972, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 402 at Page 366 and following. NOW, THEREFORE, THIS DEED OF DEDICATION AND 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, Timberlake Associates, as evidenced by the signature of the partners thereof. All of that certain parcel of land, located in Gainesboro Magisterial District, Frederick County, Virginia, more particularly shown and described on those certain sheets prepared by David Lee Ingram, Certified Land Surveyor, attached hereto and described as Plats i through Z of Section 3 , of Autumn Hills Estates, containing a .� acres, more or less and tracts; being a portion of the real property conveyed to Timberlake Associates by Deed of Charles O. Cornelison, Executor of the Estate of Walter H. Young, deceased, and Margaret C. Young, which Deed is recorded in the afore- said Clerk's Office in Deed Book 402 at Page 366, and following. The tracts 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. All streets and roads shown on the attached plat are not publically owned within the meaning of S 15.1-478 of the Code of Virginia, 1950 as amended, nor are they publically maintained. 2. No structure or building of any kind, or construction of any sort shall be placed or begun upon any numbered tract of this subdivision unless and until plans and descriptions of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Autumn Hills Estates Property Owners Association, Timberlake Associates or its assigns. 3. Except with the written consent of the Architectural Committee, no mobile home, mobile house, house trailer, tent or any other temporary living quarters (including basements of homes to be constructed) shall be placed, maintained or occupied on any tract; provided, however, that mobile travel trailers, self propelled motor homes and tents for camping may be used on all tracts for a period not exceeding thirty (30) days at any one time, provided they are at least fifty (50) feet from thenearest property line, and are screened either by woods or a combination of trees or shrubbery, and are not visible either by the occupants of the adjacent property or from streets and roadways. This restriction does not prohibit the parking of unoccupied travel trailers, travel camper units or self propelled motor homes in driveways and parking areas of single family homes when said driveways and parking areas have been approved by the Architectural Committee. 4. No temporary structure or outbuilding shall be placed or erected on any tract; provided, however, that the Architectural Committee may approve the construction of a permanent building for the storage of tools and other small 11 equipment provided such building shall become a permanent n outbuilding of the residence when constructed and is not 2 - used as living quarters. The Architectural Committee may also, upon proper application, grant permission for a temporary structure for the storage of tools, equipment and materials during construction. 5. Any structure erected or placed on any tract shall be set back at least fifty (50) feet from front and rear property lines, and thirty (30) feet from each side property line. The Architectural Committee shall have the authority to allow variances and adjustments to this restriction which do not conflict with governmental ordinances and regulations in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of the provisions contained herein. 6. Buildings may be of traditional or modern design, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from or mar the natural beauty of the surroundings. All structures constructed or placed on any tract shall be constructed with a substantial quantity of new materials and no used structures shall be relocated or placed on any tract. 7. All single -story, split-level or split -foyer dwellings must contain a minimum ground -floor area of one thousand (1000) square feet and must be at least twenty (20) feet wide on the side, front, or back nearest the street or roadway. All two-story dwellings must contain a minimum ground floor area of eight hundred (800) square feet and must contain a minimum of two hundred (200) square feet on the second floor, and as to the side, front, or back nearest the street or roadway, it must be at least twenty (20) feet wide. All square footage computations shall be exclusive of II porches, patios, garages, basements and storage areas. 3 - construction or improvements shall be made upon areas reserved for easements. 8. Each property owner erecting a dwelling on their tract shall have nine (9) months from the beginning of construction to complete the exterior construction, including grading, seeding and landscaping. The Architectural Committee shall have the authority to approve an extension of time in order to overcome practical difficulties and to prevent unnecessary hardship in the application and enforcement of this provision. 9. Garages, porches, patios, carports or storage buildings, if built, shall be attached to, and a part of the main dwelling, unless otherwise approved in writing by the Architectural Committee. 10. No more than one single-family dwelling may be built on any one tract and no tract may be subdivided or easements granted without the written approval of Timberlake Associates, its successors or assigns. 11. No dwelling shall be used for any other than single- family residential purposes, except on tracts otherwise designated by Timberlake Associates, its successors or assigns, and no offensive activity shall be carried on, in separate structures and/or on said tracts, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. 12. No owner of any tract shall build or permit the building thereon of any dwelling house or other structure that is to be used as a model or exhibit unless prior written permission to do so shall have been obtained from Timberlake Associates, its successors or assigns. 13. Any dwelling or other structure on any tract in the Section or Subdivision, which may be destroyed in whole or 4 - in part by fire, windstorm, act of God or any other cause, must be rebuilt and/or all debris removed and the property restored to a sightly condition with reasonable promptness. In no event.shall such debris or state of non -repair exist longer than six (6) months. 14. The Architectural Committee shall have the right and authority to set up regulations as to the height and size requirements for all types of buildings and structures on any tract, including fences, walls, and copings. 15. In order to preserve the natural quality and aesthetic appearance of the subdivision, all fences on any tract must be approved in writing by the Architectural Committee. This approval will specify the type of fence, materials, color, height, length and other construction specifications. 16. All outdoor clothes lines, poles and similar equipment shall be so placed or screened by shrubbery or trees so as not to be visible from any -street, roadway or designated recreation area within the subdivision. 17. Timberlake Associates, its successors or assigns, reserves a right of way and/or an easement upon,,over, across and through said tracts for the purpose of assigning, operating, maintaining and repairing public utility lines for electrical, telephone, other public utilities, and drainage for surface water where necessary to maintain proper drainage for the protection of property, appearance and the health and safety of property owners, reserving to Timberlake Associates, its successors or assigns the sole right to convey the rights hereby reserved. 18. In the event an owner of any tract in the Subdivision shall fail to maintain the premises or the improvements situated thereon in conformity with these restrictions, the Property Owner's Association shall have the right, through - 5 - its agents and employees, to enter upon the. premises and repair,.maintain and restore the property and improvements to the exterior of the dwelling, structures and any other improvements erected thereon. The cost of such repair and maintenance shall be added to and become a part of the annual charge to which such tract is subject. 19. No living tree over six (6) inches in diameter shall be cut down or removed from any tract, without permission of the Architectural Committee, unless it is within twenty (20) feet of the main dwelling or within ten (10) feet of accessory buildings.of the approved site for such dwelling or building. However, any tree which is a threat to the health, safety and welfare of any person may be removed immediately without such permission. 20. No open fires shall be permitted on any part of the property, except in outdoor fireplaces and incinerators equipped with fire screens, unless written approval is obtained from Timberlake Associates, its successors or assigns or the Architectural Committee as appropriate. 21. No signs of any nature whatsoever shall be permitted to be placed on platted residential tracts by the owner or his agent, except one name sign not exceeding eight (8) inches in height and forty (40) inches in length unless written permission is secured from Timberlake Associates, its successors or assigns, or the Architectural Committee as appropriate. 22. Garbage must be kept in covered metal or plastic containers, and trash shall be kept in rigid plastic or metal containers, and all of it disposed of in accordance with governmental ordinances and directives, and the rules and regulations of Timberlake Associates, its successors or` assigns. S'� 11 23. No rifles, shotguns, handguns or other firearms of any type shall be permitted to be used anywhere in the subdivision, except in areas reserved and/or designated for such use by Timberlake'Associates, its successors or assigns. 24. No oil or natural gas drilling, refining, quarrying or mining operation of any kind shall be permitted upon or within the boundaries of any platted tract, and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any platted tract within the subdivision. 25. All roadways, streets and rights of way shown on the attached plats are private and for the right of ingress and egress to tracts from the public highway for tract owners, their agents and invitees of tract owners who are members in good standing of the Property Owners Association. 26. No vehicles shall be regularly parked on any street or roadway in the subdivision. Each tract owner shall construct and maintain suitable and adequate driveway and parking areas on his property for vehicle parking. 27. No commercial or business type enterprises are allowed on any platted residential tract and no heavy vehicles or equipment used in industry or commercial activities shall be regularly parked or stored on any tract. 28. No stripped down, wrecked, inoperable or junk motor vehicles, parts thereof or accessory thereto, shall be permitted to be parked or placed for more than seven (7) days on any street, roadway or tract of land. 29. All dwelling houses and approved outbuildings, when required, shall be connected to their own approved water supply and septic system. There shall be no outhouses for such purposes. 30. The Architectural Committee may allow reasonable 7 - variances and adjustments of these restrictions in order to overcome practical difficulties and to prevent unnecessary hardships in the application of the provisions contained herein; provided however, that such is done in conformity with the intent and purpose hereof and provided also that in every instance, such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood, the Section or the Subdivision. 31. Each tract owner or holder of a valid real estate sales contract not in default for the purchase of a tract in the Subdivision known as Autumn Hills Estates is obligated to become a member of the Autumn Hills Estates Property Owners Association, and to pay when due the annual assessment to be levied upon each tract to defray the cost of the maintenance of roads and all recreational facilities and amenities used and maintained by the Property Owners Association and its membership. 32. Should any tract owner become delinquent in the payment of dues or assessments to the Property Owners Association, that are used for the maintenance of roads and recreational facilities and amenities, they shall be denied the use of said recreational facilities and amenities until such time as the delinquency has been eliminated; provided, however, that said tract owner shall, at all times, have the right to access over the private roads in the Subdivision to and from their property by the nearest route. Such delinquent dues shall bear interest from the date of the delinquency at the rate of seven (7) percent per annum and shall, upon the date of delinquency, constitute a lien on each tract to which the delinquency pertains, the said lien to cover the principal amount of the delinquent charge, interest and reasonable attorney's fees incurred in the collection thereof.. Every such lien may be enforced by equitable foreclosure suit filed in the Circuit Court of Frederick County, Virginia, any time within three (3) years after the date of the delinquency. The remedy of foreclosure is non-exclusive and the Autumn Hills Property Owners Association reserves all other remedies provided by law for the collection of the delinquencies. The Autumn Hills Estates Property Owners Association has the right to publish the names of delinquent property owners in such manner as it may deem appropriate. The written dated statement of the Property Owners Association that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 33. Membership in Autumn Hills Estates Property Owners Association is mandatory for all persons or enities owning property in Autumn Hills Estates, and no such person or enity shall acquire title until they have been approved for membership in the Property Owners Association by Timberlake Associates, its successors or assigns, nor shall the owner of a tract or tracts in the subdivision convey title to said tract or tracts to any person or enity who has not been approved in writing for membership in the Property Owners Association by Timberlake Associates, its successors or assigns. 34. Whenever the owner of any tract in the Section or Subdivision shall receive a bona fide, acceptable offer to purchase said tract or shall independently decide to offer said tract for sale, said owner -shall offer to sell said tract at the price and on the same terms and conditions contained in said bona fide offer to purchase or independent offer to sell, first to the owner of the tract on the right of the offered property, next to the owner of the tract on the left of the offered property, said offer to be in writing and sent to the last known mailing addresses of said owners 9 - as indicated on the tax records of Frederick County, Virginia. If these offers are declined, the property will be offered next to Timberlake Associates, its successors or assigns. Said offers to be made successively, and each of said offerees shall have ten (10) days from the verifiable date of the mailing of the offer within which to accept or refuse such offer. If all said offerees refuse to purchase said tract at the price and on the terms proposed by said owner, said owner shall be free, subject to the limitations contained herein requiring the purchaser to be approved for membership in the Property Owners Association, to sell said tract to the purchaser of their choice on terms not substantially more favorable to the purchaser than those offered, as aforesaid, to said owners, neighbors and Timberlake Associates, its successors or assigns. The "tract on the right" for the purpose of this paragraph, shall be the adjacent tract on one's right hand as one faces the rear of one's own property. Timberlake Associates, its successors or assigns shall be exempt from all of the provisions of this paragraph as to initial conveyances, re -acquisitions and re -conveyances of any and all said tracts. It is further provided that if the owner or owners of any lot being sold or conveyed shall incorporate in the deed of conveyance, or attach to the deed of conveyance, to be recorded therewith, an affidavit under oath that the provisions of this paragraph have been complied with by said owner or owners making the conveyance, that none of the parties having a right of first refusal have exercised their right to purchase the -property, such affidavit shall create a conclusive presumption that the paragraph has been complied with and any purchaser or purchasers, or their successors in title, may rely upon said affidavit, as to compliance with this paragraph, and the title to any property - 10 - so conveyed shall be valid in perpetuity and immune from the objection or attack by any person or party whatsoever as to compliance with this paragraph of these restrictions. 35. The invalidation by any court of any restrictions herein shall in no way affect any of the other restrictions, and they shall remain in full force and effect. 36. Timberlake Associates, its successors or assigns, reserves the right alone to waive any one or all of these restrictive covenants, conditions, reservations and restrictions as to the use or sale of any tract or tracts, and it further reserves the right alone to impose additional.restrictive covenants, conditions, reservations and restrictions as to the use or sale of tract, which it owns as of the date of such imposition. Such imposition shall not affect the binding effects of these provisions upon any other tracts. 37. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Timberlake Associates, its successors or assigns in title, whether such land be joining, adjacent to or otherwise related in any way to Timberlake Associates, its successors or assigns, or the property herein dedicated and platted. 38. The provisions herein contained shall run with and bind the land and each is enforceable by Timberlake Associates, its successors and assigns in title and by any owner of any tract. 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. 39. Throughout these restrictions the term "Timberlake Associates, its successors or assigns", shall refer to the r present or the future owner of this subdivision, or a substantial portion thereof, whose business it is to own, develop and/or sell real property. Throughout the course of this document, use of the singular shall be construed to include the plural and visa versa, and the use of the male form shall be interpreted to include the female when the context so indicates. WITNESS the following signatures and seals: TIMBERLAKE ASSOCIATES By (SEAL) Fj Partn . _(SEAL) artner STATE OF VIRGINIA 0)(ibo�Pr�, , .to -wit: I, a Notary Public in and for the State and aforesaid, do hereby certify that C. EUGENE BAYLISS and ROBERT M. BAYLISS, whose names are signed to the foregoing Deed of Dedication and Declaration of Plat dated the /S& day of April, 1978, on behalf of Timberlake Associates as partners of said partnership, have acknowledged the same to be the act and deed of said partnership before me in my State andeA, aforesaid. zF Given under my hand this /a/. day of April, 1978. My Commission expiresi/�I9' t - !_Notary Iyublic I - 12 - 0 0 0 4v AUTUMN HILLS ESTATES DEED OF DEDICATION AND DECLARATION OF PLAT DATED: DAVID J. ANDRE ATTORNEY AT LAW 103 NORTH BRADDOCK STREET WINCHESTER,VIRGINIA 22601 .4l/T!//�J/'✓ ff/CAS 8/ 1 �o fiEsT�,� 50 ` w/4s,�i�ro�v /dE Ti�.E'!�A•�-�t£S�L%i1T�,.S/ if ��rvE�'�f/O .✓c.�EBy � � T.s��' svBds�sr�sV if(/fX"i.A6L' A�/GLJ G'ST.47�'3' � .3'e4'Tibid � / ifs /l i0Sfi4 �SC_S oifi T�E3�. t!�'fi'S �fT if. �6CF.G.iT/Oii/•fC• .S�/dL�//'�'S/Q�(/ -�iV� T.s�c� Fc� � �c/i/tlry T7'f/Ei�.C�ai�rC/L"r T��S �fit/o o�YiVc.GS Ai(/��aGc� io!/-�fi9 CC=.� OFGo/"S GE"`Z/i!/�iITL�/�J' �S/c"�.�G�/it/ ai4�✓OGG- if/or" .�C=A�I�JT Tf/C BOifGv caF 64%4:..-G�I�YS �S oif' /��.CE�c�.�'/C'T C�r/.r/rr� f�/.C���f/if� czE T7fG�' d/'�.�i�f//� !'di�i�-� %it�C=/f//^' o•F �/�•�/�!/iI Y.S To ii!/Co.�i"o.��TGr TiY�-�' �.B/.v9 TGr -�T "��' TS 3�sE�6s r!/ i✓�%t/ /R/r'o Tif^sc.� /s��"i'�/!f6/A• ✓ .s`f'rrS'�l G/i!/G�",SJ �-i/O f/�!/T/G Go T ois/iYG.Bs /�/•�L/��" � /�/17rIGG GrO ST.tE'�/' /M/�.e0!/G�'�/chi►/TS To 7'iyCr Jt��C/F/C�jT/O�✓�' cL� T."lijE' OL"Ai�,ts-.t7�ivT ov .+1.�-.s/w.vys -�it/o rc��4.s�s.���>.+�rio•v. C•. C"!/QE+t/ BAyG/SS/ /' .eT/YL'�.� .�aGYG�.�T Al B�1Y /SSi ��i4•�TiC/E.C' ��� AL.TIi 0�qk � A.ec Gbc�.�'crCT-►�t/O r.�.fT Tf��y �.cc' � .!, .GL��tc�x�.i/r.� >/+�•v o.�- .� sv,�r�y �fcr�/is cry-•as�oc A �j 1'iV C INGRAM 7S pi/G�v ci-V�� -�✓ .cos./v rs�/s /a 's`oay of �.�Y , is9B .� 1235 ov- zz®�i 8 z� N ti yE�r/cis st ^c I yl,Ait/rE.vlvc� .f..�%�P �/riGrrs� �¢GG GOT CiycS. 4' e / � 0 TiY4S 9�o St 'vt: >L®r/G'T .}�.!/O �fS •/GSO / 1 iH•!/ii/)"'E�./-[.rE� •/iVv/ate �/Ti�/TY \.1 p� EACSC'./fc'��tsT AGQ•v� ��lt,.!/ ,sib' �F.•rSCL /N�V� GOT C�iYE. `S. Q -VIRGINIA FREDERICK COUNTY, SC7. �s instrument of writing was pr�✓,ad to mthe e on ' 7 > _ [ n day of at and with cer'.ificz.e of kno ! , ---r-- ac w edgment therstoannexed wa admitted to record. 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J 0O . -2 — / C. c�//QEHE B4YG/SS/ V ALTH n �►_ ildie GaoiCC,EC"c^T .Ii[/O Tii/i!T T�Fy �t'.Cc .f I� eor 43 l a d5' �.87 ph �oT i e�Zi _.• =- \ �-��i'"" � � _-/sue ' � 3a 1 1 I I dI° -ACoi{/lj' FilfC�if/ .5/OL of �LG �oT ciiu�S .SY.eC,00 7)yCr 9z� 3Z.•RC•-z"�fcT if�/O s/-fs �fGso .OL4-(/ti �`�•/.' ..S/OE GF ��C.� GAT GiiV '�S. rumn s states, ec. nesboro District 4/78 MASTER DFVEI,($?MF.NT FLAN #008-97 'PRO