HomeMy WebLinkAboutTimber Ridge Farms Section IIA thru VIII Gainesboro District - Backfile.:, �,=w.�i �+� Fart....
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Tc"t IS DT,r'D OF V,'ACATI01i , dater; this 50Tday of /%,y i
S IlaC'? t)y ri00C arth Fruit Fare. i, Inc. , a Virgini a cor�Clrc�tLc�tl
ole owner_ o` the land described in the original Deo('s c)5 'er?ic
d Plats of Timber Ridge Farms Subdivision, Sections II-P.. anc. I-
ic`� are recorded in Deed Book 4�2 at Wage 152 and in De(-,-' Por>
t nag-, 325, respectively.
the Board of Directors of Gooc1 Tar.th Fruit Far.
nc. , on motion duly made and passed., ac'op'-ed a resolution to
he two original Deed of Dedication and Plats, recorc,e' as afore,„
YO7-7 TFi-1T,.FOM�, TlIT`TESSETFi: That the Good earth Fruit I'-
nc., does her_ehy vacate the two original Deeds of Dedication an
lats of the Timber Ridge Farms Subdivision, it being the
f the lands involved therein, which are recorded in the Office o'
kClerk of the Circuit Court of Frederick County, Virginia, as
ollows: Section II -A: in Deed. Book 482 at page 152; and. Section
II: in Deee? Book 482 at Page 325.
11 WITNESS the following sicrnatures and seals.
Good Earth Fruit Farms Inc.
T4,EST: r = President
:.
(SEAL)
"LSecretakty
1M"'OF VIRGINIA
OF To -Wit:
I,Q! �,�t^c,p� Notary Public in and for the
Itate and aforesaid, do hereby certify that
and �,, whose names are signed to the for
oing instrument as President and Secretary, respectively, of the
ood Earth Fruit Farms, Inc., and with the seal of the corporation
my affixed hereto, have this day personally appeared before me
y said and State, and acknowledged the same.'., I,�,;,�.;,,,
GIVES UNDER MY H.,VJD THIS �,Q,( DAY OF c•`f , '1Q'7-�3.-
r�
V. 0
My Commission expires
SEAL) Notary _ is _
VIRGINIA FRFDERICK COUNTY, SGT,
.- This Instrument of writing was prNtuw,-ad to � an th
27
tr, day of
at_• %�/� and with certificate of ackncw.edgment thersto annexed as admitted
to record. v� J
Cierii_
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To
/S Cov'�ECY Ait/O r�FAT /T i� n/ .edio.PF3 ��i/rAr oif/
Oi� � f _TuE EY-IG'TUiIGG J� /�f'v6- o.v TiYG� O.c oU-l/o
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WVI
NG�wvi
� 1235
� �� SE'KV�' �.✓� � /as c'c��r��vr �eir�
VIRGINIA FREJEFiCK COUNTY, SCT.
Thrstrumen• (kf.wtiting V. zs Produced to me on the
- .. day of
and with certi}icate of acknowFsdgr ent ther nnexed, a ad{n!ti9d
to record.
i
1by and be': n ri r,T) ..A:''_ _ ;I ' A i , 9 Vir-lnl8. COrnC r
Ioarty of the first part, hereinafter called. the Grantor; and.
� IrT3 P, R RIDGt? FA!'"`_S DF VIRGT'?I A, INC. , a Virginia corporation,
(hereinafter called the Grantee.
WI^riESSE`^H: That for and in consideration of the say_
en Dollars (:10.00) cash in hand paid and other good and valu..r
considerations, receipt of all of which is hereby acknowledge:],
the Grantor does hereby grant, bargain, sell and convey to the
grantee in fee simple with Fnglish covenants, all of the folio-•!]-r
describe:] realty:
All of that certain tract or parcel of land,
containing a total of 47.17 acres, more or less, lyin,-
and being situate in the Gainesboro District of Freder!
County, Virginia, and in the Bloomery District of
Hampshire County, West Virginia, bordered on the Soutl:
by the Lands of Dwight Whitacre, on the West by West
Virginia State Route 50/26 and other lands of the
Good Earth Fruit Farms, Inc., on the North by West
Virginia State Route 50/26, and on the East by other'
lands of the Good Earth Fruit Farms, Inc., and Timber
Ridge Farms of Virginia, Inc.; as shown on the attached
Plat prepared by David Lee Ingram, C.L. S; and being a
part of a largertract or parcel of land conveyed to the
Grantor herein by deed of Lon 1.arold ]-loss and Mildred
Moss, his wife, to Good Earth Fruit Farms, Inc., and of
record in the Office of the Clerk of the Court of Hamp-
shire County, ]!lest Virginia, in Deed Book 195 at Page 1
and of record in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia, in Deed Book
at Page
Reference is made to the aforesaid deeds and Plats and
he references contained therein for a more perfect description o.
:I.e land hereby conveyed.
This conveyance is made pursuant to proper resolutions
f the stockholders and Board of Directors of the Grantor.
WITNESS the following signatures and seals:
GOOD EARTH FRUIT FARMS, INC.
By:
Presi ent
• it
�A—w VIRGINIA FREDER" COUNTY. SCT,
This Ins' ment w itin� was pros};! to f i" , - i 1� ' 9` _�
et _Z �°i% ,i /f"me on the . day of .; �_
andwi h certificats of ackne
to record. w-edgment ttrzty' one edas admitted
ix
cleric
JEAN DAB":' TA_IIES DE_TUKJ:S`I'
TO DEED
made' and ent_
s 2nd day of January, 19
by and between Richard D.
RALPH W. HAINES
ATTORNEY AT LAW
ROMNEY, W. VA.
26757
OAKWOOD ACRES, INC.
Demorest, single, and Jean I
James Demorest, widow, grantors ai
parties of the first part,
Oakwood Acres, Inc., a West Virginia corporation, grantee and
of the second part.
WITNESSETH: That for and in consideration of the sum
Ten ($10.00) Dollars and the exchange of like number of acres c
land by deed of even date herewith, the said parties of the fi_.
part do hereby grant and convey with covenants of general wary,
and to be free and clear of all liens and encumbrances, unto O<
wood Acres, Inc., a West Virginia corporation, all that certair
tract or parcel of real estate containing 19.88 acres, more or
situate in Gainsboro District of Frederick County, Virgini
on the South Side of State Route 702, more fully described accc
ing to a survey prepared by David Lee Ingram, registered land _
veyor, by metes and bounds as follows:
"Beginning at a corner of the Max Kerns
7.5 acre tract, thence with Kerns S 10' 37' W
436.50'; thence S 72' 31' E 519.93' to a
point in the line of Brathwaite; thence with
Brathwaite S 10' 37' W 716.58' to a corner
with Whitacre and Good Earth Fruit Farms, Inc.,
thence with Good Earth Fruit Farms, Inc.,
N 730 01' W 1160.00'; thence making the follow-
ing three new lines through the entire tract:
N 280 30' E 927.70' to a point in the middle
of State Route 702; thence N 70' 17' E 191.08'
to a point in the middle of State Route 702;
thence N 70' 49' E 215.31' to the beginning
enclosing an area of 19.88 acres as shown on a
plat by David Lee Ingram, Certified Land Sur-
veyor, dated October 20, 1977, attached to and
made a part of this description."
The real estate herein conveyed is a part of the same
estate acquired by the grantors by deed of Simon J. Adams and
Stella M. Adams, his wife , of record in the Clerk's Offic
/O S Cc�tiJ��t/T �2/vim
MON,A FREJERiCK COUNTY, SCT.
Th' IrstrU ",n• f vmung ::z; P"0dUCed to me on e----/L%�
It_-_ : Sa pi with ter i �cate of acknowkadgr»enf day
y d
t4 word. (f � nnexe�,drnWfbed
t
RICHARD D. DEMOREST and
JEAN DEMO RE S T
TO DEED
OAKWOOD ACRES, INC.
.. ......... .
DEE D
RALPH W. HAINES
ATTORNEY AT LAW
ROMNEY. W. VA.
✓v->% � 8, /� �s .vas `srs
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Lf
U I i E GRAM
1235 L
VIRGINIA FRFDERICK COUNTY, SC-f,
This Ins' ment. f wri'irz %vas
r� , ,.' 9 g prod ;cad to me on the / L day of
�-
at�_Z ;% /L' and with certificate of acknow.edgment t
to record. etcYannexed as adm t`ed ~ ~
Cierit_
ca 1 Ic 0 t T, 1 -- r) r a�'
n t rt,
T-1,(7. a T"i ?---tni a corpor,-,ti on herein -
the
I T'j" ?;SS T That for anc! in cnnsi( -ration of t, su
Ten nollars (�10.00) cash in hand paid and, other good anc! valliol-I
onsiderations, receipt of all of �.,,Iiich is herelw ac�,-nn,.t!1e(',c,(-?-1,
ra
the Grantor does hereby grant, bargain, sell and convey to the
r,rantee in fee simple with English covenants, all of the fol-10-7in
described realty:
All of those two certain tracts or parcels of
land, containing a total of 179.99 acres, more or
less, lying and being situate in the Gainest,oro
District of Frederick Countv, Virginia, and in the
Bloomery District of Hampshire County, T,,est� Virg
i a,
bordered on the South by the lands of Gilbert
Whitacre, on the 7.1orth by the lands of Richard D.
Demorest and Jean J. Demorest, on the West by ',lost
Virginia State Route 50/26 and other lands of the
Good Earth Fruit Farms, Inc., and on the East by
the remaining lands of the Good Earth Fruit Farms, Inc.
as shown on the two attached Plats prepared. by Davie',
Lee Ingram, C.L.S; and being part of two larger
tracts or parcels of land conveyed to the grantor
herein by (a) deed of L. Harold Moss and `Mildred M.
!'loss, his wife, dated January 25, 3-972, anc' of record
in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 387 at
Page 438, and of record in the Office of the Clerk
of the Court of Hampshire County, West Virginia, in
Deed Book 195 at Page 22; and (b) by deed of Jack D.
Long, Lindsey R. Dickerson and Robert 11. Dickerson,
a partnership, dated the 25th day of June, 1973, and
of record in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia, in Deed Book 422
at Page 166.
Reference is made to the aforesaid deeds and Plats
land the references contained therein for a more perfect descripti
f the land hereby conveyed.
This conveyance is made pursuant to proper resolutions
f the stockholders and the Board of Directors of the Grantor.
WITNESS the following signatures and seals:
GOOD FARTIT FRUIT FARMS, LN-C.
BV: .-s/ (SEAL)
President
Sultvt' 'Ar
to ;-ecof- call' Of acknaw4sdgment thers:
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at �� -� and with cert;}cafe of day of
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V!RG.N'A FREDEE-R;0fi ---0J-N—,Y, SCT.
This Ins'rumtr)t of w-,.-,;ig v.zs produc4ad to me a� t.t.e/ 7 day of
at- enwit CL::ffica�e Of ac cv,Gdgment ',)rzr
to record.
mo
494 589
THIS DEED OF DEDICATIO;, made and dated this 9t^ day
of June, 1978, by Timber Ridge Farms of Virginia, Inc., a
Virginia corporation, hereinafter known as "Declarant";
WHEREAS, Declarant is the sole owner of the lands
described in the attached plats for ^iriber Ridge Farms Subdi-,--sic
Section II -A, which is the same realty that,was conveyed to `_"imbe
Ridge Farms of Virginia, Inc., by deed dated the 31st day of "ay,
1978, and of record in the Office of the Clerk of the Circuit CoL
of Frederick County, Virginia, in Deed Book 4914, Instrument _io.
2387. Said plats, prepared by David Lee Ingram, C.L.S., and
dated August 15, 1D77, with revisions on October 21, 1977, and
'lay 18, 1978, are made a part hereof and are incorporated herein
by reference; and
WHEREAS, the Board of Directors of Timber Ridge ,arms o
Virginia, Inc., pursuant to authority granted to it by its Articl
of Incorporation and By -Laws, has the authority to subdivide and
to sell real estate; and
WHEREAS, the said Board of Directors, on motion duly .^a
and passed, and by its consent and authority, has approved the
aforesaid plats for the subdivision of its lands described t^erei:
which lands, as a part of the rn_mber Ridge 'arms Subdivision, lie
in Virginia on the eastern slope of Big Timber Ridge in the Gaine;
boro District of Frederic'_ County, Virginia, with the exception o
a small strip :which lies on the western slope of Big Timber ^idge
in the Bloonery District of Hampshire County, West Virginia; and
WHEREAS, the provisions of this Declaration of Protecti•
Restrictions and Covenants, as hereinafter set forth, have been
designed with the thought that most persons, ideally, would like 1
be a part of a community having an ecologically balanced atmospile:
where each individual property owner could enjoy to the fullest
extent possible on his own property his privacy and his individual
1
ants and desires without, in the course of such enjoyment,
nfringing upon the privacy, priviliges and desires of his neigh -
ors, and visa versa. Consequently, in this Declaration an attempt
as been made to provide for the exercise of maximum freedom for
hose activities which may be en€aged in unon the individual tracts
o long as such activities do not unduly infringe upon the rights
f privacy and enjoyment of the neighbors and the community;
WHEREAS, Declarant, through the action of its Board of
Directors, has approved this Deed of Dedication for the attached
plats, and has directed the President and Secretary of the corpora-
tion to execute and acl-.nowledge, seal and deliver, this instrument
for recordation among, the land records of Frederick County, Virgini
and Hampshire County, i%est Virginia.
T;OW THEREFORE, III` _1iESSETH: This Deed of Dedication for
he attached plats is made subject to all of the following provisioj
f this Declaration of Protective Restrictions and Covenants, which
rovisions shall be deemed to run i-rith the land for the mutual
rotection and benefit of all land owners, and shall apply to each
d every numbered tract shown on the attached plats, except where
eserved as herein provided, to -wit:
I. EXCLUSIVE. RESIDE4''TIAL USE AND I'-'PF.OV E"EIITS
A. These tracts are restricted to residential use for
ingle family, private dwellings or residences designed for occupan
y one family on each tract. No structure or building of any kind,
r construction of any sort, shall be placed or permitted upon a
ract unless and until plans and description of same shall have bee
ubmitted in duplicate to, and approved in writing by, the Environ-
ental Control Committee (hereinafter called "Committee") as the
ame is from time to time composed.
B. Except with the written consent of the Committee, no
nobile home, mobile house, travel trailer, motor home, camper unit,
tent or temporary living quarters (including basements of homes to
:)e constructed), shall be placed, maintained or occupied on any
tract; provided, however, that self-propelled motor homes, travel
trailers, and tents for camping may be used on all tracts for
?eriods not exceeding seventy-two (72) hours at any one time; and
3n all tracts except Tracts No, 16 through 20 for continuous period
iot exceeding thirty (30) days at any one time, provided in both
instances such temporary facilities are at least seventy-five (75)
meet from the nearest side line and at least one hundred and fifty
(150) feet from the front easerient line, and are discreetly screene
2
4.94 .59 1
_the_ by sh-utbery and trees or a c0. }i_.._tio_n of suc' ane a. `_-
ial screens so as to be _ easons'_'y out-ofs r7ht o.f t_.e
and not visible to ts of a,�iacent tracts on :ic' !u:"es f=_ _
been constructed • -:is rest_ _ _ icC. does n=.t -orohi"it the uari_ir.
of unoccupied self-�rcuelled motor hon.,es, or travel trai lers or
ca--Per units in drive-.:ays or parti_ing areas adiacent to sinE.le fa-:
homes Provided such vehicles are reasona"Ibly out -of -sight fror the
Cad:ays and the occu_ a^. s of adiacent tracts on ..ic^ ho-es
been constructed.
C. 3o te=uorary structure or other outbuilding s .a! _
laced or erected or. any tract; provided, however, that the
,.av grant permission for t_-e construction of a Der_.._^.e built"
for the storage Of tools ana ecu= -er:t provided it iS nlan ne-_c _ c
ermanent outbuilding of t::e residence when constructed, it i S
;O be used and is not used as a temporary residence, and the t-ar
or and location of the Dern•anent outbuilding are suonitteC tc a'.. E
-nDroved by the Cor=ittee. Also, the Commi ttee may grant pe-- ss= _i.
for any temporary structure for storage C_` materials durin&`cc':- i
-truction. No Sucl- te=perar structure as may be a"_ _ o've,_:' .----
_r
.:sod at a^v time as a dwe'li-
A1 CO' -P,G� CO' '';� BL �7==;C^'.:c
A. The Dlans fcr any dwelling or othe- builcinz tc be
4co_'_St_ucted Or exte__..__iv al_erea on aP,v traces, or _Or any oz_ic_
tructure including fences, Shall be approved in writing by the
-nvironmental Control Committee Drior to start of construction or
Iteration.
1. The Committee initially shall consist of at le_:
three (3) members appointed by the Declarant; and,
the Timber Ridge Farms Association (the DroDerty owners
association) has been activated, the members shall be
appointed by that Association.
2. Two (2) sets of all construction Dla_,s (to i-:1-2
specifications for anv structure Dlus interior :and exter-
elevations, exterior materials, color selections for the
exterior, and landscaping plans) must be nresente _- to .,_
Comrittee for written approval. These Dlar_s s^_11 also
include -a lot plat showing the location of the structure
planned within the property, including precise informatiol
as to the set-bacl_ requirements. One set shall be retL-ci
to the tract owner after approval and one set shall be
retained by the Committee.
B. The square footage requirements for residences con-
tructed on the tracts shall be as follows, unless otherwise appro:
d in writing by the Committee:
1. Tracts No. 1 through 6 and 11 through 15: The
ground floor, ey_clusive of open porches, patios and
garages, shall be not less than 1,000 square feet in the
case of a one and one-half or two story structure; and
in the case of a structure more than one story the total
living space shall be at least 1,200 square feet. Ease-
ments, garages, storage areas, patios and Dorches sha'1
not be included in the total living space.
I
I ?
i
I
(2) Tracts ~;Io. 16 thro, 20: The ground floor,
ex_c ,usive of open porches, etc., shall be not less than
1,200scuare feet in the case of a one-story structure,
nor less than 1,000 square feet in the case of a one
and one-half or two-story structure; and in the case of
a structure more than one story the total living space
shall be at least 1,500 souare feet. Basements, garage;
storat,e areas, patios and porches shall not be included
in the total living, space.
C. Buildings may be of a contemporary period or modern
design, must be of substantial construction, and may be of wood,
logs, stone, masonry or composition, but must be finished or
painted in such a manner as not to detract from, nor mar, the
natural beauty of the surroundings. All buildings shall contain
a substantial quantity of new materials and no used structures
shall be relocated or placed on any tract; provided, however, that
in the construction of vintage -type log houses, the use of used
logs may be incorporated into the construction plans, subject to
the approval of the Comnittee. No dwellings shall be used for any
other than single-family residences, except on tracts otherwise
designated by the Declarant, its successors or assigns. No single-
family residence shall exceed thirty-five feet in height
measured from the lowest floor level (not the basement),
otherwise approved by the Coz=.ittee.
as
unless
D. Any structure erected or placed on any tract shall
be set back at least seventy-five (75) feet from the front road
easement line, at least seventy-five (75) feet from the rear tract
line, and at least sixty (60) feet from each side tract line,
unless the Committee allows variances and adjustments in order to
overcome practical difficulties and prevent unnecessary hardships.
E. The exterior of all buildings, and landscaping, must
be completed within nine (9) months after start of construction or
alteration; provided, however, that the Committee may approve an
extension of time in appropriate cases.
III. MODEL OR EXHIBIT HOUSES
A. No model or exhibit house shall be erected on any
platted tract, nor shall the owner of any tract or his agent
permit the use of his residence or house as such, without the
[prior written approval of the Declarant, its successors or assigns
IV. SUBDIVISION OF TRACTS
A. No tract may be subdivided or easements granted
ithout the written approval of the Declarant, its successors or
ssigns; provided, however, that the Declarant reserves the right
o re -subdivide any of its unsold lands in the subdivision. If
wo or more adjoining tracts are acquired by the same owner, no
art or parts of said tracts shall be conveyed by said owner unles
ach tract being conveyed and each tract being retained is in
ompliance with all of these restrictions and covenants.
V. STREETS, ROADWAYS AND EASED:ENTS
A. The streets and roadways shown on the attached plats
re not publicly owned within the meaning of Section 15.1-475 of
he Code of Virginia, 1950 as amended, nor are they publicly main-
ained. Further, the recreational easements shown are not
.edicated as streets or roadways, and the creation of said easement.
oes not obligate the Grantor to construct, improve, maintain or
epair said easements for any purpose whatsoever. They are not foi
he use of the public, but only for the use, enjoyment, and benefit
f all the tract owners for recreational purposes, such as hiking
nd horseback riding; provided, however, that the Grantor reserves
he right to extend roadways on such easements should in its sole
h
t,c,Cr, nt tie ri ." , are : Further, th Gr tor, its successor: or
assigns, rese the right for itself a the Timber Ridge Farms
�Y.
Association to _rater into agreements with other recreational sub-
divisions and clubs for the mutual exchange of rights and priviliE P
to use easerr:tints and recreational facilities and arenities
a
B. Grantor reserves unto itself, its successors or
_.#+T
assigns, a perpetual, alienable, releasable and assignable easement
over, across, upon and under each tract for the erection, mainten-
ance, installation and use of public utilities and drainage for
surface waters where necessary to maintain proper drainage for the
'E
protection and appearance of property and the safety and health of
the property owners, reserving to Grantor, its successors or assign
the sole right to convey the rights hereby reserved.
C. For the benefit and enjoyment of all tract owners
and the Timber Ridge Farms Association, Grantor reserves unto itsel
its successors or assigns, an easement for horseback riding, hiking
Jogging, bicycling, etc., on and over the old logging; roads and hil:
ing and riding paths and trails as cleared and established on each
tract; provided, however, that upon the erection of a residence upo
a tract, such easement shall terminate for that tract unless extend
ed, for all or part of the roads and paths, by written agreement be
tween the tract owner and the Association. No motor vehicle of any
kind whatsoever shall be permitted upon these easements except thos
of the tract owner, and those of the Declarant and its agents duri.n
the development and marketing stages of the project; provided, how-
ever, that any vehicular traffic required by the provisions of Sub-
paragraph "B" above relating to public utilities and drainage shall.
take precedence over this Subparagraph.
VI. THE TIMBFF RIDGE FART'S ASSOCIATION (THE PROPERTY
OWNERS ASSOCIATION)
A. membership in the Timber Ridge Farms Association is
mandatory for all persons or entities owning property in the
subdivision, and for all persons holding valid real estate purchas
contracts for the acquisition of a tract in the subdivision, and
no such person or entity shall acquire title until they have been
approved for membership in the Timber Ridge Farms Association.by
the Grantor, its successors or assigns, or by the Association; nor
shall the owner of a tract or tracts in the subdivision convey
title to said tract or tracts to any person or entity who has not
been approved in writing for membership in the Timber Ridge Farms
Association. All such members are obligated to pay the dues and
assessments levied upon each tract owner by the Association to
defray the cost of maintenance of roads and recreational facilitie
and amenities used and maintained by the Association.
B. The Association shall be responsible for the mainten.
ance, repair and upkeep of the roadways, streets, parks, recreatio)
al easements, etc., within the Subdivision and the appurtenant
drainage easements reserved by Declarant. The Association shall
also be the means for the promulgation and enforcement of all
regulations necessary to the governing of the use and enjoyment of
such roadways, streets, recreational easements and such other
properties within the Subdivision as it may from time to time own.
C. The Association shall have all the powers that are
set out in its Articles of Incorporation, as approved by the State
Corporation Commission of Virginia, and all other powers that belor
to it by operation of law, including but not limited to the power
to levy against every member of the Association a uniform annual
charge per single-family residential tract within the Subdivision,
the amount of said charge to be determined by the Board of Directo:
of the Association after consideration of current maintenance need!
and future needs and requirements of the Association, for the
purposes set forth in its Articles of Incorporation; provided, how-
ever, that no such charge shall ever be made against, or be payabio
by, the Association itself, the Developer, or any corporation or
corporations that ray be created to acquire title to, and operate,
the amenities, or other properties on behalf of the Association.
5
494 59=
D. J.ould an t ract _ eco:.:e delinquent in t^e pa
ent of due3 or a33ess.--ccn-ts tc the -z ;cc=atlon that are u: _ i for
hA ra_nten =ce of roads a-. _ recr_ _t_onal facilit ies and amen it,
3uci: o�.,ncr s :all. be denied ' ' a4-d recreational a l t e use c� 3 f ci i. i
and ar-enities until such ti-e as the delinquency has been correc
provided, however, that said tract owner shall at all tines have
the right to access over the private _roads in the Subdivision to
and from, his property by the nearest route. Such delinquent due:
shall bear interest fro^ the date of delinouency at the rate of
seven (7) percent per annu~ and shall, upon the date of delinquer
constitute a lien on each tract to :hi ch the delinquency pertair.F
the said lien to cover the principal ar-ount of the delinquent c,:
interest and reasonable attorne-:'s fees incurred in the collectic
thereof. Every- such lien may be eni'orced by equitable foreclosur
suit filed in the Circuit Court of '-rederick County, Virginia, an
time within three (3) years after the date of the delinouency. T
remedy of foreclosure is non-exclusive and the Association resery
all other reredies provided by la;; for the collection of the
delinquencies. The Association has the right to publish the na-Ie
of delinquent nembers in such a manner as it may deer:: appropriate
The written dated stater-ent of the Association that no delinquent:
exists hereunder as of said date shall be conclusive evidence
hereof.
VII . SALE OF TRACT BY 0 •T:TEE
A. Whenever the owner of any tract in the Subdivision
independently decides to sell said tract, or should the owner rece
a bona -fide offer from a prospective purchaser which is acceptable
said owner shall (1) first offer to sell said tract to the owner o
the tract on the right of said tract, (2) next to the owner of the
tract on the left of said tract, and (3) finally to the Declarant,
its successors or assigns. Said offerings shall be made successiv,
ly, and each of said offerees shall have ten (10) days from the
date of the mailing of the offer in which to accept or refuse said
offer. Said offers to sell, as outlined above, shall contain the
price and terms contained in the bona -fide offer which are accept-
able to the owner of the tract. The offers to sell shall be in
writi-ng and sent to the last known addresses of said owners as shoe
on the tax records of Frederick County, and finally to the Declarar
its successors or assigns. If all said offerees refuse to purchas(
said tract at the price and on the terms proposed by said owner,
such owner shall be free to sell said tract to the party who shall
`cave made said bona -fide offer, or (if said owner shall have inde-
pendently decided to put said tract on the market) to any third
party, in either case at a price and on terms not substantially
^core favorable to the purchaser than those offered, as aforesaid,
to said owner's neighbors and to the Declarant, its successors or
assigns. The "tract on the rir,ht", for purposes of this paragraph
shall be the next tract on the riF.ht as one faces his own tract;
provided, however, that the Declarant and its successors or assign:
shall be exempt from all of the provisions of this Daragranh as to
initial conveyances, re -acquisitions and re -conveyances of any and
all tracts. Further, if the owner or os�ners of any tract being
sold or conveyed shall incorporate In the deed of conveyance, or
attach to the deed of conveyance to be recorded there:!ith, an
affidavit under oath that the nrovis_ons of this naraf-ranh 'lave
been co=Dlie3 with by said oirner or owners r-aking the conveyance,
and that none of the D^rties havin,7 a ri7`it of first re''usal have
axerciscd thei_ ri' !:t to purchase the iron_ ert,�, such affidavit s'.nl
create a conclusive nre� .:-Jti071 t^^t tl-iis Daraj raT)h has i"'een cQ:'-
nlied uith and any nurchaser or i-rc`:oners , or their successors in
title, may rel: stun sgie affidavit, r_r.a shall ',e fully nrotecte'
3u494 59.5
in relvinF unen sa,.i(. affidavit, as to compliance with this para-
graph; and the title to any tract so conveyed shall be valid in
perpetuity and immune from the objection or attack by any person
whatsoever as to coTM.pliance with this parar-raph.
VI !I. ACTI`.'I"_'I S O:i A'TD USES OF TRAC` S7
A. :io co�._mercial or business enterprises shall be
allowed on any platted residential tract, other than arts, crafts
or professions operated or conducted solely by family me-bers
occupying the residence, and no heavy eauinr.ent or vehicles used
in industry or for commercial activities shall be regularly par! ---
or stored on any tract.
B. No vehicle shall be regularly parked on any street
oadway in the Subdivision. Fach tract owner shall construct an:'.
ai.ntain suitable and adequate parking space on his property for
he parking of his vehicles and those of his guests. Any truck
arger than three-quarters (3/4) ton, and all unoccupied ca^iping
railers, motor homes, and mobile camping units parked in the dri
ays or par::ing, areas adjacent to the residence, must be kept
easonably out of sight of the occuuants of residences which have
een constructed on adjacent tracts and the users of the streets
nd roadways, except those vehicles used during the actual period
f construction. No stripped do;.-n, partially wrecked, inoperable
r junk motor vehicles or parts thereof shall be permitted to be
ar1:ed or placed for more than seven_(7) days consecutively on an.
treet or roadway or on any tract.
C. Garbage must be kept in covered metal or plastic
ontainers, and trash shall be kept in rigid metal or plastic co
ainers, and so placed or screened as not to be visible from any
treet or roadway, except during periods of collection, and all o
tdisposed of in accordance with County ordinances and the rules
nd regulations of the Timber Ridge Farms Association. All outdo
lothes poles, clothes lines and similar equipment, and every tan'
or the storage of fuel installed outside any building (if not
uried below the surface of the ground), shall be appropriately
creened by shrubbery or otherwise so as not to be visible from
ny street or roadway or by the occupants of residences on adjace
racts.
D. All tracts, whether occupied or not, and any
mprovements thereon, shall at all times be maintained in such a
anner as to prevent their becoming unsightly by reason of
nattractive growth of vegetation on such tracts or the accumula-
ion of rubbish or debris thereon. Should any tract owner fail t
aintain the improvements or premises situated on the tract in a
anner consistent with these restrictions, the Timber ridge Farms
ssociation shall have the authority, through its employees and/e
gents, to enter upon the premises and repair, maintain and resto
he property and improvements to the exterior of the structures
nd other improvements thereon. Any such repair and maintenance
osts shall be added to and become a part of the annual charse to
hick such tract is subject.
F. All d.,elling houses and approved outbuildinf-s, when
'equired, shall be connected to their own approved water supply
.nd septic systems. There shall be no outhouses for such purpose
7
J,r
'F :10 living tree measuring- six inches or more in
diameter may be cut or removed without the written approval of the
environmental Control Committee, unless located within twenty )20)
feet of the approved site of the rein d:rellinr, or accessory
buildings. However, any tree r..a-. he re -moved without permission if
dead or if a threat to the health, safety or welfare of any person.
G. No swine, sheep, goats, cattle or other domestic or
wild animals except fowl, horses, ponies, and not more than two
heads of cattle, shall be kept or maintained on any tract. '_'his
restriction shall not apply to doffs, cats or other small domestic
animals that are household pets and of a n_uiet and unoffensive
nature; but it does apply to all dogs and cats that are perm- itte a
to run free, to the breeding of such as a business or for profit,
and to the keeping of such on a commercial basis. Fowl, horses,
ponies, and cattle kept on any tract must be contained in fences,
barns, buildings, coops, pens, etc., which have been specifically
approved by the Environmental Control Corn.r7ittee for that purpose,
including exterior color and location on tract. Fences and other
facilities_ for cattle and fowl will not be permitted if adjacent
to or in the near vicinity of the streets and roadways.
H. All fences and outbuildings such as garages, barns,
orrals, riding rings, pens, coops, etc., including materials,
xterior color, length, width, height and other construction
pecifications, and location on the tract, must be approved in
riting by the Environmental Control Committee, in order to
reserve the appearance and natual quality of the Subdivision; and
o fence shall be erected on or across any roadway or recreational
asement on any platted tract.
I. No motor vehicles of any kind, licenses or unlicensec
registered or unregistered, including motor bikes, snow -mobiles,
and all -terrain vehicles, shall be permitted in any areas marked
for pedestrian, esquestrian or other use of recreational facilities
r on the recreational easements, unless such areas have been
pecifically designated and authorized for such use by the Timber
idge Farms Association. Furthermore, motor bikes shall not be
used for recreational purposes on any platted tract, without the
4ecific, :written permission of the Association. Since trails for
jiking and horseback: riding are generally adjacent to and varallel
to the main graded streets and roadways, motor bikes using the
graded streets and roadways must be licensed by the State and shall
e used only for transportation betireen the owner's tract and the
main entrances.
J. No sign of any nature whatsoever shall be permitted
n any platted residential tract by the ov-ner or agent, except one
ame sign not exceeding eight (3) inches in height and forty (40)
nches in length, and one sign advertising the tract for sale not
o exceed two (2) feet by three (3) feet in size, except with the
ritten permission of the Declarant, its successors or assigns.
K. .':o rifles, shotguns, hsndFuns or other firearns of
.ny t;,pe shall be perm-itted to be used an,, .where in the Subdivision.
�xcent in areas reserved and/or specifically designated for such
ise by the Declarant, its successors or assigns.
aC '�' C4` 4 ' .-C 59r/
..o open fires shall be permitted on any part of
platted tract, except in outdoor fire places and incinerator,
equipped ::rith firs screens, except with the written approval e
the Declarant, its successors or assigns. All fire places in
dwellings rust be equipped with fire screens, and at least one
household cherical-type fire extinguisher must be stored and
available in each dwelling for emergency purposes and for the
fire protection of the entire Subdivision.
:Io oil or natural gas drilling, refining, quarry.
or mining operations of any kind shall be permitted upon or wi''
the boundaries of any _platted tract, and no derrick or other
structure designed for use in boring for oil or natural gas sh-,
be erected, maintained or permitted on any platted tract withiT
the Subdivision.
:1. No noxious or offensive activities shall be Carr:
on on any tract or permitted to be carried on, nor shall anyth'.�
be done on any tract that shall be or become and unreasonable
annoyance or nuisance to the neighborhood.
IX. RESTRICTIONS A71D COVENtANTS - 110DIFICATIO': , ENFORCE"!E-
A. The Restrictions and Covenants herein contained
shall run with and bind the land and each is enforceable by the
Declarant, its successors or assigns in title, including the ou
of any platted tract in the Subdivision and the Timber Ridge Fe
Association. In the event of a violation or breach of any of t
restrictions by any property owner or agent, the owners of tra:
in the Subdivision, or any of them jointly or severally, shall
have the right to proceed at law or in equity to compel a com-
pliance with the terms hereof or to prevent the violation or br
of such terms in any event. In addition, Declarant and/or the
Timber Ridge Farms Association shall have the right, whenever t
shall have been built on any tract any structure which is in
violation of these restrictions, to enter upon the property whe
such violation exists, and summarily abate or remove the same a
the expense of the owner, if after ten (10) days written notice
of such violation, it shall not have been corrected by the owne
Any such entry and abatement or removal shall not be deemed a
trespass.
B. The failure to enforce any right, restriction,
reservation or condition contained in this Declaration of
Protective Restrictions and Covenants, however long continued,
shall not be deemed a waiver of the rights to do so hereafter,
to the same breach or as to a breach occuring prior or subseque
thereto, and shall not bar or affect its enforcement. Further,
nothing herein is to be construed so as to prevent the Declaran
from placing further restrictions or easements on any tract in
Subdivision on which a valid sales contract has not been execut
C. The grantee of any tract subject to the coverage
this Declaration, by acceptance of a deed conveying title there
or the execution of a contract for the purchase thereof, whethe
from Declarant or a subsequent owner of such tract, shall, for
himself and his successors or assigns, accept such deed or cont
upon and subject to each and all of these Restrictions and the
agreements herein contained.
9
. -ne-_n-rc: ir-ental
able variances an!Ma'ius`ients
overcome prac tica'_ di ff iculti es
ships in the a^olication of the
Drovided, however, that such is
and nurpose herecf and provided
varsan. e or ad ust:=e~ t will not
injurious to other propert.,r or
or the SuI ivi sion.
t ro' Comm1-1 tee �_ay all,-,- r=:
of these �estric2 --_ r ._
a_.' to D r e v e n t unrle_. h ._
nrcvssions co:-:tained he re in
done in confor ty with the in' --
also t-at, in every instance, s_
be _--ateri ally detri--_r ta- or
i-Drover.ents in the
F. Declarant, its successors or assigns, reserves
right alone to :wive any one or all of these restrictions,
cOnditlons, rese'vatIonS and restrictive covenants as tC the
or sale of an,- tract or tracts, and it further reserves the rid
alone to iP_Dose additional restrictions, conditions, reservat-ic%
and restrictive covenants as to the use or sale of tra is tr:hiC'
owns as of the date of such imDosition. Such inDosition shall n
affect the bi^aing effects of these provisions upon an-f other
��racts.
F. The Restrictions and Covenants herein contained
s:all not impose any restraint on any portion of land now ovine
or hereafter acquired by the Declarant, its successors or assirn
in title, whe ,-er such land be joining, adjacent to or other-,_Ze
related in any manner to Declarant, its successors or assigns, _
to the property herein. dedicated and platted.
G: This Declaration of Protective Restrictions and
Covenants may be amended or modified after June 30, 1081. by the
formal aDDroval of at least two-thirds of the tract owne-s in t-,
Subdivision, and then shall be effective only when properly reco
ed with the Clerk of the Circuit Court of Frederick Co::nty in
Winchester, Virginia, and the Clerk of the Court of Ham-oshire
County in Romney, West Virginia; provided, however, that the
Declarant, its successors or assigns, as Declarant and proDrieto
reserve the right to add to, subtract from and change these
restrictions at any time in other subdivision of its remaining
lands or after -acquired lands.
H. The invalidation by any court of any restrictions
contained in this Declaration of Protective Restrictions and
Covenants shall in no way affect any of the other restrictions,
but they shall remain in full force and effect.
X. CAPTIONS
A. The captions preceding the various paragraphs and
subparagraphs of this Declaration are for convenience of referen
only, and none of them shall be used as an aid to the constructs
of any provision of the Declaration. Wherever and whenever
applicable, the singular form of any word shall be taken to mean
or apply to the plural, and the masculine form shall be taken tc
mean or apply to the feminine or to the neuter.
WITNESS the following signatures and seals.
TIMBER RIDGE FARMS OF VIRGI_.NiA, 7
President
rp"-. 7- A-
.� / -5—i' Sec?etary
t' 1 r
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9
VIRG!NA FRED-q?)CK COUN—jy. SCT,
Th;s Ins trurrif nt of wrj`jrg prthe 4
at
C,4!_,
�e on
--31— and wiih Cer -ica. ac� ne, ----- y Of
of
to record. e "/�edg.mart fliz, ---admAted
494 733
THIS DBFn OF DF'DIC_`•_^IO_J, made and dated this 12th d-%%
sf July, 1973, by 01,TK TOOT) ACA S, IC. a vlest Virginia
ornorati on , hereinafter '__no':: n as Declarant ;
WHL:. 1.5 , Declarant is the sole o:rner of the lands
iescribed in the attached Plat for Timber `'i dge Farms Subdi vi sioi: ,
)ecti on II-n, which is the same realty that :aas conveyed to
Acres, Inc., by deed dated the 2nd day of January, 1973,
n of record in the Office of the Clerk of the Circuit Court of
rederi ch County, Virginia, in Deed Boor: 4104 as Instru_^:ent :;o.
39i. Said _Plat, prepared by David Lee InErar-, C.L.S. , and date(:
she litz day of July, 1978, is Wade a part hereof and is
r,corporated 'herein by reference; and
WHEPLEAS, the Board of Directors of Oakwood Acres, Inc.,
)ursuant to authority granted to it by its Articles of Incorpora---
;ion and By -Laws, has the authority to subdivide and to sell
-eal estate; and
WHEREAS, the said Board of 'Directors, on motion duly
lade and passed, and by its consent and authority, has approved
he aforesaid Plat for the subdivision of its lands described
herein; which lands, as a part of the 'Limber Ridge Farms Sub-
.ivision, are situate in the Gainesboro District of Frederick
ounty, Virginia; and
WHEREAS, the provisions of this Declaration of protective
estrictions and Covenants, as hereinafter set forth, have been
esic'ned with the thought that most persons, ideally, would like to
e a part of a community having an ecologically balanced atmosphere
here each individual property owner could enjoy to the fullest
xtent possible on his own property his privacy and his individual
1
r
a^ts and desires without, in the cours, of such en joy;::ent ,
infringing upon the privacy, priviliges and desires of his neigh -
)ors, and visa versa. Consequently, in this Declaration an atteT
:as been made to provide for the exercise of maximum freedom for
;hose activities which may be engaged in unon the individual trac
;o long as such activities do not unduly infringe unon the rights
)f privacy and enjoyment of the neighbors and the community;
WHEREAS, Declarant, through the action of its Board of
.)irectors, has approved this Deed of Dedication for the attached
Mats, and has directed the President and Secretary of the corpoi
pion to execute and acknowledge, seal and deliver, this instrumer
for record-ation among the land records of Frederick County, Virg'
:.nd Hampshire County, West Virginia.
NOW THEREFORE, WITITESSETH: This Deed of Dedication foi
;he attached plats is made subject to all of the following provi:
)f this Declaration of Protective Restrictions and Covenants, whi
)rovisions shall be deemed to run with the land for the mutual
)rotection and benefit of all land owners, and shall apply to ea(
and every numbered tract shown on the attached plats, except when
-eserved as herein provided, to -wit:
I. EXCLUSIVE RESIDENTIAL USE AND !HPROVE IEI?TS
A. These tracts are restricted to residential use for
single family, private dwellings or residences designed for occui
Dy one family on each tract. No structure or building of any kir
)r construction of any sort, shall be placed or permitted upon a
tract unless and until plans and description of same shall have 1
submitted in duplicate to, and approved in writing by, the Envirc
rental Control Committee (hereinafter called "Committee") as the
same is from time to time composed.
B. Except with the written consent of the Committee,
io mobile home, mobile house, travel trailer, motor home,
pamper unit, tent or temporary living quarters (including base-
lents of houses to be constructed), shall be placed, maintained
)r occupied on any tract; provided, however, that self-propelled
notor homes, travel trailers, and tents for camping may be
ised on all tracts except Tract No. 9 for continuous periods not
exceeding thirty (30) days at any one time, provided such tempor;
facilities are at least seventy-five (75) feet from the nearest
side line and at least one hundred and fifty (150) feet from the
front easement line of the tract, and are discreetly screened
2
49
Ir
`4c- by sulrubbery and trees or a comp_.cation of such and artif
isl screens so as to be reasonably out -of -sight of the roadways
not visible to occupants of adjacent tracts on which homes h
een constructed. This restriction does not prohibit the parkin
f unoccupied self-propelled motor homes, or travel trailers or
gaper units in driveways or parking areas adjacent to single fa
ones provided such vehicles are reasonably out -of -sight from th
oadways and the occupants of adjacent tracts on which homes hav
een constructed.
C. No temporary structure or other outbuilding shall
placed or erected on any tract; provided, however, that the Comm
;aay grant permission for the construction of a permanent buildin
for the storage of tools and equipment provided it is planned as
permanent outbuilding of the residence when constructed, it is n
I
o be used and is not used as a temporary residence, and the pla
for and location of the permanent outbuilding are submitted to a
approved by the Committee. Also, the Committee may grant permis
for any temporary structure for storage of materials during con-
struction. No such temporary structure as may be approved shall
used at any time as a dwelling.
II. E .VIROV':E".JTAL CONTROL C0?i'_�1ITTEE AND BUII,DI:IG PLA'_tS
A. The plans for any dwelling or other building to be
!onstructed or externally altered on any tract, or for any other
structure including fences, shall be approved in writing by the
:nvironmental Control Committee prior to start of construction o
mlteration.
1. The Committee initially shall consist of at 1
three (3) members appointed by the Declarant; and, aft
the Timber Ridge Farms Association (the property owner
association) has been activated, the members shall be
appointed by that Association.
2. Two (2) sets of all construction plans (to in
specifications for any structure plus interior and ext
elevations, exterior materials, color selections for t
exterior, and landscaping plans) must be presented to
Committee for written approval. These plans shall als
include'a lot plat showing the location of the structu
planned within the property, including precise informa
as to the set -back requirements. One set shall be ret
to the tract owner after approval and one set shall be
retained by the Committee.
B. The square footage requirements for residences con
eructed on the tracts shall be as follows, unless otherwise
.pproved in writing by the Committee:
The ground floor, exclusive of open porches, patios,
and garages, shall be not less than 1,000 square
feet in the case of a one-story structure, nor less
than 800 sauare feet in the case of a one and one-half
or two story structure; and in the case of a structure
more than one story the total living space shall be at
least 1,200 square feet. Basements, garages, storage
areas, patios and porches shall not be included in the
total living space.
3
M
494 736
C. Buildings may be of a contemporary period or modern
design, must be of substantial construction, and may be of wood,
logs, stone, masonry or composition, but must be finished or
painted in such a manner as not to detract from, nor mar, the
natural beauty of the surroundings. All buildings shall contain
a substantial quantity of new materials and no used structures
shall be relocated or placed on any tract; provided, however, tha-
in the construction of vintage -type log houses, the use of used
logs may be incorporated into the construction plans, subject to
the approval of the Committee. !To dwellings shall be used for an. -
other than single-family residences, except on tracts otherwise
designated by the Declarant, its successors or assigns. 7o singl,
family residence shall exceed thirty-five feet in height as
measured from the lowest floor level (not the basement), unless
otherwise -approved by the Committee.
D. Any structure erected or placed on any tract shall
be set back at least seventy-five (75) feet from the front road
easement line, at least seventy-five (75) feet from the rear trace
line, and at least sixty (60) feet from each side tract line,
unless the Committee allows variances and adjustments in order to
avercome practical difficulties and prevent unnecessary hardships.
E. The exterior of all buildings, and landscaping, muss
be completed within nine (9) months after start of construction of
alteration; provided, however, that the Committee may approve an
extension of time in appropriate cases.
III. MODEL OR EXHIBIT HOUSES
A. No model or exhibit house shall be erected on any
latted tract, nor shall the owner of any tract or his agent
ermit the use of his residence or house as such, without the
rior written approval of the Declarant, its successors or assign:
IV. SUBDIVISION OF TRACTS
A. No tract may be subdivided or easements granted
without the written approval of the Declarant, its successors or
assigns; provided, however, that the Declarant reserves the right
to re -subdivide any of its unsold lands in the subdivision. If
>ytwo
or more adjoining tracts are acquired by the same owner, no
art or parts of said tracts shall be conveyed by said o��rner unles
ra^
each tract being conveyed and each tract being retained is in
compliance with all of these restrictions and covenants.
V. STREETS, ROADWAYS AND EASE TENTS
A. The streets and roadways shown on the attached _Dlats
are not publicly owned within the meaning of Section 15.1-478 of
".
he Code of Virginia, 1950 as amended,.nor are they publicly main-
tained. Further, the recreational easements shown are not
dedicated as streets or roadways, and the creation of said ease.men
does not obligate the Grantor to construct, improve, maintain or
epair said easements for any purpose whatsoever. They are not fc
he use of the public, but only for the use, enjoyment, and benefi
R
f all the tract owners for recreational purposes, such as hiking
nd horseback riding; provided, however, that the Grantor reserves
he right to extend roadways on such easements should in its sole
;k
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This Ins.rir}ent of w- n- vu P(O- Ccd to me an the '� day of
et-� L—'�� _ �d ��:ith ce .i`� z'_s of aci.now��mcn: t� to an wxad wz astn!i,tf
to e', d.
49 1;
THIS DEED OF DEDICATION, :jade and dated this,9th day
>f June, 1978, by Timber Ridge Farms of Virginia, Inc., a
Jirginia corporation, hereinafter known as "Declarant";
WHERB^_S, Declarant is the sole owner of the pands
lescribed in the attached plats for Timber Ridge Farms Subdivison,
section III, which is the same realty that was conveyed to 'limber
'idge Farms of Virginia, Inc., by deed dated the 31st day of ?'.ay,
_978, and of record in the Office of the Clerk of the Circuit Cour'
)-' Frederick County, Virginia, in Deed Book 49:, Instrument No.
'-387. Said plats, prepared by David Lee Ingram, C.L.S., dated
'august 15, 1977, with revisions on October 21, 1977, and :day 18,
L978, are made a part hereof and are incorporated herein by
-eference; and
WHEREAS, the Board of Directors of Timber Ridge Farms of
Tirginia, Inc., pursuant to authority granted to it by its Articles
>f Incorporation and By -Laws, has the authority to subdivide and
.o sell real estate; and
WHEREAS, the said Board of Directors, on motion duly made
Lnd passed, and by its consent and authority, has approved the
Lforesaid plats for the subdivision of its lands described therein,
rhich lands, known as Timber Ridge Farms, Section III, lies in
'irginia on the eastern slope of Big Timber Ridge in the Gainesborc
>istrict of Frederick County, with the exception of a small strip
>r parcel which lies on the western slope of Big Timber Ridge in
,he Bloomery District of Hampshire County, ",lest Virginia; and
WHEREAS, the provisions of this Declaration of Protective
restrictions and Covenants, as hereinafter set forth, have been
iesigned with the thought that most persons, ideally, would like
)e a part of a community having an ecologically balanced a- osph:-:e
There each individual property owner could enjoy to the fullest
rxtent possible on his own property his privacy and his individual
1
494 r:t,,:. 66"=)
;;ants and desires without, in the course of such enjoyment,
nfringing upon the privacy, priviliCes and desires of his nei7—,h-
ors, and visa versa. Consequently, in this Declaration an atte:-:n`1
as been made to provide for the exercise of maximum, freedom for
hose activities which may be engaged in upon the individual tract-E.
o long as such activities do not unduly infringe upon the rights
f privacy and enjoyment of the neighbors and the community;
WHER ^^-.S, Declarant, through the action of its Board of
Directors, has approved this Deed of Dedication for the attached
plats, and has directed the President and Secretary o`_' the corpora
tion to execute and acl-lno�.,ledge, seal and deliver, this instrument
for recordation among the land records of Frederick County, Virgin`l
and Hampshire County, West Virginia.
NI. THEREIORE, lI^_ irSSF_Th'_: This Deed of Dedication for
:he attached plats is made subject to all of the following provisic
f this Declaration of Protective Restrictions and Covenants, w.hici
rovisions shall be deemed to run with the land for the mutual
rotection and benefit of all land owners, and shall apply to each
nd every numbered tract shown on the attached plats, except where
eserved as herein provided, to -wit:
I. EXCLUSIVE RESIDE1 TIAL USE' AND 1!1PROVENIEI?TS
A. These tracts are restricted to residential use for
single family, private dwellings or residences designed for occupan
y one family on each tract. ';o structure or building of any kind,
r construction of any sort, shall be placed or permitted upon a
tract unless and until plans and description of same shall have bee
ubmitted in duplicate to, and approved in writing by, the Environ-
ental Control Committee (hereinafter called "Committee") as the
ame is from time to time composed.
B. Except with the written consent of the Committee, no
mobile home, mobile house, travel trailer, motor home, camper unit,
tent or temporary living quarters (including basements of homes to
-)e constructed), shall be placed, maintained or occupied on any
tract; provided, however, that self-propelled motor homes, travel
trailers, and tents for camping may be used on all tracts for
?eriods not exceeding seventy-two (72) hours at any one time; and
on all tracts except Tracts No. 21 through 27 for continuous period
aot exceeding thirty (30) days at any one time, provided in both
instances such temporary facilities are at least seventy-five (75)
feet from the nearest side line and at least one hundred and fif'.y
(150) feet from the front easement line, and are discreetly scretne
aor, 494 666
either by shrubbery and trees or a combination of such and artifi-
cial screens so as to be reasonably out -of -sight of the roadways
and not visible to occupants of adjacent tracts on which homes hsav
been constructed. This restriction does not prohibit the parking
of unoccupied self-propelled motor homes, or travel trailers or
camper units in driveways or parking areas adjacent to single fa^i
homes provided such vehicles are reasonably out -of -sight frog: the
roadways and the occupants of adjacent tracts on which homes have
[been constructed.
C. No temporary structure or other outbuilding shall. be
laced or erected on any tract; provided, however, that the Commit
may grant permission for the construction of a permanent building,
for the storage of tools and equipment provided it is planned as a
ermanent outbuilding of the residence when constructed, it is not
to be used and is not used as a temporary residence, and the plans
for and location of the permanent outbuilding are submitted to and
approved by the Committee. Also, the Committee may grant permissi
for any temporary structure for storage of materials during con-
struction. No such temporary structure as may be approved shall. b
,sed at any time as a dwelling.
II. E.TVIRON":E ITAL CONTROL COMI'ITTEE AND BUILDING PLA-TS
A. The plans for any dwelling or other building to be
onstructed or externally altered on any tract, or for any other
tructure including fences, shall be approved in writing by the
nvironmental Control Committee prior to start of construction or
lteration.
1. The Committee initially shall consist of at lea.
three (3) members appointed by the Declarant; and, after
the Timber Ridge Farms Association (the property owners
association) has been activated, the members shall be
appointed by that Association.
2. Two (2) sets of all construction plans (to incli
specifications for any structure plus interior and exter:
elevations, exterior materials, color selections for the
exterior, and landscaping plans) must be presented to tI-,
Committee for written approval. These _plans shall also
include'.a lot plat showing the location of the structure
planned within the property, including precise informatic
as to the set -back requirements. One set shall be returi
to the tract owner after approval and one set shall be
retained by the Committee.
B. The aquare footage requirements for residences con-
,tructed on the tracts shall be as follows, unless otherwise approi
!d in writing by the Committee:
1. Tracts No. 28 through 37: The ground floor,
exclusive of open porches, patios and garages, shall be
not less than 1,000 square feet in the case of a one-stoi
structure, nor less than 800 square feet in the case of
one and one-half or two story structure; and in the case
of a structure more than one story the total living space
shall be at lease 1,200 dquare feet. Basements, garages,
storage areas, patios and porches shall not be included
in the total living space.
3
• 49q W-7
(?) Tracts 7-:o. 21 th-ou .h 27: --he r-round floor,
exclusive Of onen Dorches, tc. , shall benotle-- th?n
1200snuare feet in the case of a one -_story structure,
nor less than 1,000 square feet in the case of a one
and one-half or tuo-stony structure; and in the case of
a structure more than one story the total living space
shall be at least 1,500 square feet. Basements, garage
stora-e areas, patios and. porches shall not be included
in t^e total livinr- space.
C. D•uildings may be of a conte*Dorary -period or modern
design, must be of substantial construction, and may be of wood,
logs, Stone, "?_so_iry or co".nosition, but must be finished or
painted In such a manner as not to detract frcn, nor mar, the
natural beaut;: of the surroundings. All buildings shall contain
a substantial quantity of new materials and no used structures
shall be relocated or placed on any tract; provided, however, that
in the construction of vintage -type log. houses, the use of used
logs may be incorporated into the construction plans, subject to
the a_-pDroval of the Committee. ''o dwellings shall be used for an;;
other than single-family residences, except on tracts otherwise
designated by the Declarant, its successors or assigns. 'do single
family residence shall exceed thirty-five feet in height as
measured from the lowest floor level (not the basement), unless
otherwise approved by the Committee.
D. Any structure erected or placed on any tract shall
be set back at least seventy-five (75) feet from the front road
easement line, at least seventy-five (75) feet from the rear tract
i line, and at least sixty (60) feet from each side tract line,
unless the Committee allows variances and adjustments in order to
overcome practical difficulties and prevent unnecessary hardships.
i
E. The exterior of all buildings, and landscaping, must
be completed within nine (9) months after start of construction or
alteration; provided, however, that the Committee may approve an
extension of time in appropriate cases.
III. MODEL OR EXHIBIT HOUSES
A. No model or exhibit house shall be erected on any
latted tract, nor shall the owner of any tract or his agent
ermit the use of his residence or house as such, without the
rior written anproval of the Declarant, its successors or assign
IV. SUBDIVISION OF TRACTS
A. No tract may be subdivided or easements granted
ithout the written approval of the Declarant, its successors or
ssigns; provided, however, that the Declarant reserves the right
o re -subdivide any of its unsold lands in the subdivision. If
wo or more adjoining tracts are acquired by the same owner, no
art or Darts of said tracts shall be conveyed by said o?:ner unle
ach tract being conveyed and each tract bein!- retained is in
ompliance with all of these restrictions and covenants.
V. STREETS, ROADWAYS AIID EASE.:E'ITS
A. The streets and roadways shown on the attached plats
:re not publicly owned within the meanir.E of Section 15.1-4743 or
the the rode of Virginia, 1950 as a --ended, nor are they publicly main-
.aine,i. "urt'ier, the recreational easements sho�:n are not
dedicated as streets or readt:ays, and the creation of sail ease-icr.
foes not obligate the Grantor to construct, improve,-aintair, or
repair said ease --eats for any Durpose s.ha soever. They are not fo
the use of the public, but only for tiie use, enjoyment, a.., e bene:'i
Df all the tract o,.:ners for recreational purposes, such as hihinr
ind horsebac : riding; provided, however, that the Grantor reserves
:he right to extend roadways on such cnser�ent . s! ,ould in its sole
h
p�Afr
DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS
TIMBER RIDGE FARMS
Section III
EXCERPTS FROM:
Deed of Dedication
Timber Ridge Farms Subdivision, Section III
As Recorded in the Office of the Clerk of
the Circuit Court of Frederick County,
Virginia, in Deed Book at Page
DECLARANT:
Timber Ridge Farms of Virginia, Inc.
P.O. Box 11
Whitacre, Virginia 22662
FOREWORD
The recorded Deed of Dedication, fifth
paragraph, provides as follows:
"WHEREAS, the provisions of the Declaration of protecti`
pestrictions and Covenants, as hereinafter set forth, have been
designed with the thought that most persons, ideally, could like tc
be a part of a community having an ecologically balanced atmosphere
-here each individual property owner could enjoy to the fullest
extent possible on his own property his privacy and his individual
iiants and desires without, in the course of such enjoyment,
infringing upon the privacy, priviliges and desires of his neigh-
bors, and visa versa. Consequently, in this Declaration an attempt
has been made to provide for the exercise of maximum freedom for
those activities which may be engaged in upon the individual tracts
as long as such activities did not infringe upon the rights of
privacy and enjoyment of the neighbors:"
The recorded Deed of Dedication, seventh
paragraph, provides as follows:
"PIOW THEREFORE, NITi7ESSETH: This Deed of Dedication foe
he attached plats is made subject to all of the following pro-
Ivisions of this Declaration of Protective Restrictions and
Covenants, which provisions shall be deened to run with the land
for the mutual protection and benefit of all land owners, and shall
apply to each and every numbered tract sho-cn on the attached plats
except where reserved as herein provided, to -wit:
I. "EXCLUSIVE. RFSIDE.ITIAL USE A'ID I:_PROVF.'_E?7TS
If
A. These tracts are restricted to residential use for
single family, private dwellings or residences designed for occupancy
Dy one family on each tract. 'Io structure or building of any kind,
:)r construction of any sort, shall be placed or permitted upon a
tract unless and until plans and description of same shall have bee
submitted in duplicate to, and approved in writing by, the Environ-
aental Control Committee (hereinafter called "Committee") as the
same is from time to time composed.
B. Except with the written consent of the Committee, no
Mobile home, mobile house, travel trailer, motor home, camper unit,
lent or temporary living quarters (including basements of homes to
5e constructed), shall be placed, maintained or occupied on any
I
ract; provided, however, that self-propelled motor homes, travel
trailers, and tents for camping may be used on all tracts for
periods not exceeding seventy-tvo (72) hours at any one time; and
on all tracts except Tracts No. 21 throuEh 27 for continuous pericd
iot exceeding thirty (30) days at any one time, provided in both
instances such temporary facilities are at least seventy-five (75)
feet from the nearest side lipe and at least one hundred and fifty
(150) feet from the front easement line, and are discreetly screene
:ither by shrubbery and trees or a combination of such and artifi-
:ial screens so as to be reasonably out -of -sight of the roadways
Lnd not visible to occupants of adjacent tracts on which homes hav
:een constructed. ^his restriction does not prohibit the parking
>f unoccupied self-propelled motor homes, or travel trailers or
:amper units in driveways or parking areas adjacent to single fami
comes provided such vehicles are reasonably out -of -sight from the
•oadways and the occupants of adjacent tracts on which homes have
)een constructed.
C. :To temporary structure or other outbuilding shall be
)laced or erected on any tract; provided, however, that the Committee
iay grant permission for the construction of a permanent building
'or the storage of tools and equipment provided it is planned as a
)ermanent outbuilding of the residence when constructed, it is not
,o be used and is not used as a temporary residence, and the plans
'or and location of the permanent outbuilding are submitted to and
approved by the Committee. Also, the Committee may grant permissio
.or any temporary structure for storage of materials during con-
;truction. No such temporary structure as may be approved shall be
tsed at any time as a duelling.
II. E.TVIRO"T'_`ENTTAL COIITROL CO"I`ITTEE AND BUILDINTG PLANTS
A. The plans for any dwelling or other building to be
,onstructed or externally altered on any tract, or for any other
tructure including fences, shall be approved in writing by the
,nvironmental Control Committee prior to start of construction or
alteration.
1. The Committee initially shall consist of at leas
three (3) members appointed by the Declarant; and, after
the Timber Ridge Farms Association (the property ot:-ners
association) has been activated, the members shall be
appointed by that Association.
2. Two (2) sets of all construction plans (to include
specifications for any structure plus interior and exteri r
elevations, exterior materials, color selections for V'c
exterior, and landscaninE laps) must be nresente,'. to ti-e
Committee for written a--,)-)roval. T'lese plans shall also
include'a lot plat showinr the location of the structure
planned within the property, including precise informatio
as to the set -back requirements. One set shall be return d
to the tract o�,ner after aw roval and one set shall be
retained by the Committee.
B. The square footage requirements for residences con-
,tructed on the tracts shall be as follows, unless otherwise appro
!d in writing by the Committee:
1. Tracts Ndo. 28 through 37: The ground floor,
exclusive of open porches, patios and garages, shall be
not less than 1,000 sauare feet in the case of a one-stor
structure, nor less than POO sauare feet in the case of a
one and one --half or two story structure; and in the case
of a structure pore than one story the total living space
shall be at lease 1,200 dcuare feet. Basements, Earages,
storage areas, patios and porches shall not be included
in the total living space.
7-_
(2) Tracts No. 21 through 27: The ground floor,
exclusive of open porches, etc., shall be not less than
1,200square feet in the case of a one-story structure,
nor less than 1,000 square feet in the case of a one
and one-half or two-story structure; and in the case of
a structure more than one story the total living space
shall be at least 1,500 souare feet. Basements, garages
storage areas, patios and n_orches shall not be included
in the total living space.
C. Buildings may be of a contemporary period or modern
design, must be of substantial construction, and may be of wood,
logs, stone, masonry or composition, but must be finished or
painted in such a manner as not to detract from, nor mar, the
natural beauty of the surroundings. All buildings shall contain
a substantial quantity of new materials and no used structures
shall be relocated or placed on any tract; provided, however, that
in the construction of vintage -type log houses, the use of used
logs may be incorporated into the construction plans, subject to
the approval of the Committee. "o dwellings shall be used for any
other than single-family residences, except on tracts otherwise
designated by the Declarant, its successors or assigns. No single•
family residence shall exceed thirty-five feet in height as
Treasured from the lowest floor level (not the basement), unless
otherwise approved by the Committee.
D. Any structure erected or placed on any tract shall
e set back at least seventy-five (75) feet from the front road
asement line, at least seventy-five (75) feet from the rear tract
ine, and at least sixty (60) feet from each side tract line,
nless the Committee allows variances and adjustments in order to
vercome practical difficulties and prevent unnecessary hardships.
E. The exterior of all buildings, and landscaping, must
e completed within nine (9) months after start of construction or
lteration; provided, however, that the Committee may approve an
xtension of time in appropriate cases.
III. MODEL OR EXHIBIT HOUSES
A. No model or exhibit house shall be erected on any
latted tract, nor shall the owner of any tract or his agent
ermit the use of his residence or house as such, without the
rior written approval of the Declarant, its successors or assigns
IV. SUBDIVISION OF TRACTS
A. No tract may be subdivided or easements granted
ithout the written approval of the Declarant, its successors or
ssigns; provided, however, that the Declarant reserves the right
o re -subdivide any of its unsold lands in the subdivision. If
wo or more adjoining tracts are acquired by the same owner, no
art or -Darts of said tracts shall be conveyed by said owner unles
ach tract being conveyed and each tract being retained is in
omnliance with all of these restrictions and covenants.
V. STREETS, ROADWAYS AND EASEI.ENTS
A. The streets and roadways shown on the attached plats
are not publicly owned within the meaning of Section 15.1-1178 of
he Code of Virginia, 1950 as a^iended, nor are they publicly main-
ained. Further, the recreational easements shown are not.
dedicated as streets or roadways, and the creation of said easerient
does not obligate the Grantor to construct, in -prove, maintain or
repair said easements for any Purpose whatsoever. They are not foz
he use of the public, but only for the use, enjoyment, and benefit
f all the tract o7.rner: for recreational purposes, sucp.i as hikinf-
nd horseback; riding; provided, however, t':at the Grantor reserves
he right to extend rondiaays on such easements should in its sole
)I
,judr,ment the need arise. Further, the Grantor, its successors or
ansigns, reserves the right for itself and the Timber Ridge Farms
Association to enter into agreements with other recreational sub-
divisions and clubs for the mutual exchange of rights and privilig
to use easements and recreational facilities and amenities.
B. Grantor reserves unto itself, its successors or
assigns, a perpetual, alienable, releasable and assignable easemen
over, across, upon and under each tract for the erection, mainten-
ance, installation and use of public utilities and drainage for
(surface waters where necessary to maintain proper drainage for the
protection and appearance of property and the safety and health of
the property owners, reserving to Grantor, its successors or assig
the sole right to convey the rights hereby reserved.
J
C. For the benefit and enjoyment of all tract owners
and the Timber Ridge Farms Association, Grantor reserves -unto itself
its successors or assigns, an easement for horseback riding, hikin ,
jogging, bicycling, etc., on and over the old logging roads and hik-
ing and riding paths and trails as cleared and established on each
tract; provided, however, that upon the erection of a residence upon
a tract, such easement shall terminate for that tract unless extend-
ed, for all or part of the roads and paths, by written agreement be-
tween the 'bract owner and the Association. '_10 motor vehicle of an
kind whatsoever shall be permitted upon these easements except those
of the tract owner, and those of the Declarant and its agents during
the development and marketing stages of the project; provided, how-
ever, that any vehicular traffic required by the provisions of Sub-
paragraph "B" above relating to public utilities and drainage shall
take precedence over this Subparagraph.
VI. THE TIMBER RIDGE FARMIS ASSOCIATIO.i (TEE PROPERTY
OWNERS ASSOCIATION)
A. 'tembership in the Timber Ridge Farms Association is
mandatory for all persons or entities owning property in the
subdivision, and for all persons holding valid real estate purchas(
contracts for the acquisition of a tract in the subdivision, and
no such person or entity shall acquire title until they have been
approved for membership in the Timber Ridge Farms Association.by
the Grantor, its successors or assigns, or by the Association; nor
shall the owner of a tract or tracts in the subdivision convey
title to said tract or tracts to any person or entity who has not
been approved in writing for membership in the Timber Ridge Farms
Association. All such members are obligated to pay the dues and
assessments levied upon each tract owner by the Association to
defray the cost of maintenance of roads and recreational facilitie:
and amenities used and maintained by the Association.
B. The Association shall be responsible for the mainten-
ance, repair and upkeep of the roadways, streets, parks, recreatio -
al easements, etc., within the Subdivision and the appurtenant
drainage easements reserved by Declarant. The Association shall
also be the means for the promulgation and enforcement of all
regulations necessary to the governing of the use and enjoyment of
such roadways, streets, recreational easements and such other
properties within the Subdivision as it may from time to time own.
C. The Association shall have all the powers that are
set out in its Articles of Incorporation, as approved by the State
Corporation Commission of Virginia, and all other powers that beloi
to it by operation of lair, including ;gut not limited to the power
to levy against every member of the Association a uniform annual
charge per single-family residential tract within the Subdivision,
the amount of said charge to be determined by the Board of Directo:
of the Association after consideration of current maintenance need.,
and future needs and requirements of the Association, for the
purposes set forth in its Articles of Incorporation; provided, how-
ever, t::nt no such charge shall ever be made against, or be payabl(
by, the ^.ssociation itself, the 'Developer, or any corporation or
cor}orations that may be crested to aojuire title to, and operate,
Lho amenitie5 or other propertle , on .,o'i nlf of the Association.
f'
5
D. Should any tract owner become delinquent in the Day-
ment of dues or assessrents to the Association that are seed for
the maintenance of roads and recreational facilities and amenitie2
such owner shall be denied the use of said recreational facilities
and arenities until such time as the delinquency has teen correcte�
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 his property by the nearest route. Such delinquent dues
shall bear interest from the date of delinquency at the rate of
seven (7) percent per annum and shall, upon the date of delinque::_.,
constitute a lien on each tract to which the delinouency pertains,
the said lien to cover the principal amount of the delinquent char:
interest and reasonable attorney's fees incurred in the collectic-:
thereof. Every such lien may be enforced by equitable foreclosure
suit filed in the Circuit Court of Frederick County, Virginia, an:
time within three (3) years after the date of the delinquency. 77ie
remedy of foreclosure is non_--_exclusive-and._ the_ -association reserve
all other remedies provided by law for the collection of the
delinquencies. The Association has the right to publish the naves
bf delinouent members in such a manner as it may deer appropriate.
fhe written dated staterent of the Association that no delinquenc.-
exists hereunder as of said date shall be conclusive evidence
thereof.
VII. SALE OF TRACT BY Oi7.'VIER
e,
A. T-_^.enever the owner of any tract in the Subdivision
independently decides to sell said tract, or should the owner rece'ie
a bona -fide offer from a prospective purchaser which is acceptable,
said owner shall (1) first offer to sell said tract to the owner
cl-
the tract on the right of said tract, (2) next to the owner of t::e
pact on the left of said tract, and (3) finally to the Declarant,
its successors or assigns. Said offerings shall be made
successive-
y, and each of said offerees shall have ten'(10) days from the
date of the mailing of the offer in which to accept or refuse said
offer. Said offers to sell, as outlined above, shall contain the
rice and terms contained in the bona -fide offer which are accept-
able to the owner of the tract. The offers to sell shall be in
writing and sent to the last known addresses of said owners as sec-.
n the tax records of Frederick County, and finally to the Declarant
its successors or assigns. If all said offerees refuse to purchase
said tract at the price and on the terms proposed by said owner,
such owner shall be free to sell said tract to the party who shall
have made said bona -fide offer, or (if said owner shall have inde-
pendently decided to put said tract on the market) to any third
arty, in either case at a price and on terms not substantially
..ore favorable to the purchaser than those offered, as aforesaid,
o said owner's neighbors and to the Declarant, its successors or
assigns. The "tract on the right", for purposes of this paragraph,
shall be the next tract on the right as one faces his own tract;
rovided, however, that the Declarant and its successors or assigns
shall be exempt from all of the provisions of this paragraph as tc
initial conveyances, re -acquisitions and re -conveyances of any and
all tracts. Further, if the owner or owners of any tract 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,
and that none of the parties having a right of first refusal have
exercised their right to purchase the property, such affidavit seal -
create a conclusive presumption that this paragraph has been cor.-
lied with and any purchaser or purchasers, or their successors in
title, may rely upon said affidavit, and shall be ful1y protected
F
in relying upon said affidavit, as to compliance with this para-
eraph; and the title to any tract so conveyed shall be valid in
perpetuity and immune from th'e objection or attack by any person
whatsoever as to compliance with this paragraph.
VIII. ACTI,'I"_'IES 0:1 A' -'JD USES OF TRACTS
A. :do commercial or business enterprises shall be
allowed on any platted residential tract, other than arts, crafts
or professions operated or conducted solely by family members
occupying, the residence, and no heavy equipment or vehicles used
in industry or for commercial activities shall be regularly parked
or stored on any tract.
B. No vehicle shall be regularly parked on any street o?
roadway in the Subdivision. -Each --tract- `c-o-nstru-ct and -
aintain suitable and adequate parking space on his property for
.,he parking of his vehicles and those of his guests. Anv truck:
larger than three-quarters (3/4) ton, and all unoccupied camping
trailers, motor homes, and mobile camping units parked in the drive
.aays or parking areas adjacent to the residence, must be kept
easonablf but of sight of the occu_ants of residences which have
been constructed on adjacent tracts and the users of the streets
and roadways, except those vehicles used during the actual period
construction. 'uo stripped down, partially wrecked, inoperable
r junk motor vehicles or parts thereof shall be permitted to be
arked or placed for more than seven (7) days consecutively on any
treet or roadway or on any tract.
C. Garbage must be kept in covered metal or plastic
containers, and trash shall be kept in rigid metal or plastic con-
tainers, and so placed or screened as not to be visible from any
street or roadway, except during periods of collection, and all of
'tdisposed of in accordance with County ordinances and the rules
nd regulations of the Timber Ridge Farms Association. All outdoor
lothes poles, clothes lines and similar equipment, and every tank
or the storage of fuel installed outside any building (if not
uried below the surface of the ground), shall be appropriately
Greened by shrubbery or. otherwise so as not to be visible from
ny street or roadway or by the occupants of residences on adjacent
racts.
D. All tracts, whether occupied or not, and any
mprovements thereon, shall at all times be maintained in such a
anner as to prevent their becoming unsightly by reason of
nattractive growth of vegetation on such tracts or the accumula-
ion of rubbish or debris thereon. Should any tract owner fail to
Maintain the improvements or premises situated on the tract in a
anner consistent with these restrictions, the Timber Ridge Farms
Association shall have the authority, through its employees and/or
gents, to enter upon the premises and repair, maintain and restore
he property and improvements to the exterior of the structures
nd other improvements thereon. Any such repair and maintenance
osts shall be added to and become a part of the annual charge to
'hich such tract is subject.
E. All dwelling houses and approved outbuildings, when
equired, shall be connected to their own approved water supply
nd septic systems. There shall be no outhouses for such purposes.
7
F. No living tree measuring six inches or more in
diameter may be cut or removed without the written approval of the
Environmental Control Committee, unless located within twenty )20)
feet of the approved site of the main dwelling or accessory
buildings. However, any tree may be removed without permission if
dead or if a threat to the health, safety or welfare of any person
G. No swine, sheep, goats, cattle or other domestic or
wild animals except fowl, horses, ponies, and not more than two
heads of cattle, shall be kept or maintained on any tract. This
restriction shall not apply to dogs, cats or other small domestic
animals that are household pets and of a ouiet and unoffensive
nature; but it does apply to all dogs and cats that are permitted
to run free, to the breeding of such as a business or for profit,
and to the keeping of such on a commercial basis. -Fowl, .horses,
ponies, and cattle kept on any tract must be contained in fences,
barns, buildings, coops, pens, etc., which have been specifically
approved by the Environmental Control Committee for that purpose,
including exterior color and location on tract. Fences and other
facilities for cattle and fowl will not be permitted if adjacent
to or in the near vicinity of the streets and roadways.
H. All fences and outbuildings such as garages, barns,
orrals, riding rings, pens, coops, etc., includ'_nE materials,
xterior color, length, width, height and other construction
pecifications, and location on the tract, must be approved in
riting by the Environmental Control Committee, in order to
reserve the appearance and natual quality of the Subdivision; and
o fence shall be erected on or across any roadway or recreational
asement on any platted tract.
I. No motor vehicles of any kind, licenses or unlicense
egistered or unregistered, including motor bikes, snow -mobiles,
nd all -terrain vehicles, shall be permitted in any areas marked
or pedestrian, esquestrian or other use of recreational facilitie!
r on the recreational easements, unless such areas have been
pecifically designated and authorized for such use by the Timber
idge Farms Association. Furthermore, motor bikes shall not be
sed for recreational purposes on any platted tract, without the
pecific, written permission of the Association. Since trails for
ikine and horseback riding are generally adjacent to and parallel
o the main graded streets and roadways, motor bikes using the
raded streets and roadways must be licensed by the State and shal:
e used only for transportation between the owner's tract and the
lain entrances.
J. No sign of any nature whatsoever shall be permitted
n any platted residential tract by the owner or agent, except one
ame sign not exceeding eight (8) inches in height and forty (40)
nches in length, and one sign advertising the tract for sale not
o exceed two (2) feet by three (3) feet in size, except with the
17ritten permission of the Declarant, its successors or assigns.
K. i?o rifles, shotguns, handguns or other firearms of
.ny type shall be permitted to be used anywhere in the Subdivision
!xcept in areas reserved and/or specifically designated for such
ise by the Declarant, its successors or assigns.
0
L. No open fires shall be permitted on any part of any
platted tract, except in outdoor fire places and incinerators
equipped with fire screens, except with the written approval of
the Declarant, its successors or assigns. All fire places in the
dwellings must be equipped with fire screens, and at least one
household chemical -type fire extinguisher must be stored and
available in each dwelling for emergency purposes and for the
fire protection of the entire Subdivision.
::. '_To oil or natural gas drilling, refining, quarrying
or mining operations 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
t h'•'Sni�zivis� bn -- _�.._ _ - - —
L' N. No noxious or offensive activities shall be carried
on on any tract or permitted to be carried on, nor shall anything
be done on any tract that shall be or become and unreasonable
annoyance or nuisance to the neighborhood.
I; RESTRICTIONS AND COVEN - I ODIFICATIO?T, yNFORCE;•`E'd^
A. The 'Restrictions and Covenants herein contained
shall run with and bind the land and each is enforceable by the
Declarant, its successors or assigns in title, including the owner
of any platted tract in the Subdivision and the Timber Ridge Farms
III Association. In the event of a violation or breach of any of thes
restrictions by any property owner or agent, the owners of tracts
in the Subdivision, or any of them jointly or severally, shall
have the right to proceed at law or in equity to compel a com-
pliance with the terms hereof or to prevent the violation or breac:
of such terms in any event. In addition, Declarant and/or the
L Timber Ridge Farms Association shall have the right, whenever there
shall have been built on any tract any structure which is in
violation of these restrictions, to enter upon the property where
such violation exists, and summarily abate or remove the same at
the expense of the owner, if after ten (10) days written notice
of such violation, it shall not have been corrected by the owner.
Any such entry and abatement or removal shall not be deemed a
trespass.
B. The failure to enforce any right, restriction,
reservation or condition contained in this Declaration of
Protective Restrictions and Covenants, however long continued,
shall not be deemed a waiver of the rights to do so hereafter, as
to the same breach or, as to a breach occuring prior or subsequent
thereto, and shall not bar or affect its enforcement. Further,
nothing herein is to be construed so as to prevent the Declarant
from placing further restrictions or easements on any tract in the
Subdivision on which a valid sales contract has not been executed.
C. The grantee of any tract subject to the coverage by
this Declaration, by acceptance of a deed conveying title thereto,
or the execution of a contract for the purchase thereof, whether
from Declarant or a subsequent owner of such tract, shall, for
himself and his seccessors or assigns, accept such deed or contract
upon and subject to each and all of these Restrictions and the
agreements herein contained.
o
i,
D. The 7nvironnental Control Conmittee may allow reason-
able variances and adjustments of these Restrictions in order to
overcome practical difficulties and to prevent unnecessary hard-
ships 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
or the Subdivision.
E. Declarant, its successors or assigns, reserves the
right alone to waive any one or all of these restrictions,
conditions, reservations and restrictive covenants as to the use
or sale of any tract or tracts, and it further reserves the right
alone to impose additional restrictions, conditions, reservations
and restrictive covenants as, to the use or sale of tracts 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.
-P. The Restrictions and Covenants herein contained
shall not impose any restraint on any portion of land now owned
or hereafter acquired by the Declarant, its successors or assigns
in title, whether such land be joining, adjacent to or otherwise
related in any manner to Declarant, its successors or assigns, or
to the property herein dedicated and platted.
G; This Declaration of Protective Restrictions and
Covenants may be amended or modified after June 30, 1981. by the
formal approval of at least two-thirds of the tract owners in the
Subdivision, and then shall be effective only when properly record-
ed with the Clerk of the Circuit Court of Frederick County in
Winchester, Virginia, and the Clerk of the Court of Hampshire
County in Romney, Nest Virginia; provided, however, that the
Declarant, its successors or assigns, as Declarant and proprietor,
reserve the right to add to, subtract from and change these
restrictions at any time in other subdivision of its remaining
lands or after -acquired lands.
H. The invalidation by any court of any restrictions
contained in this Declaration of Protective Restrictions and
Covenants shall in no way affect any of the other restrictions,
but they shall remain in full force and effect.
X. CAPTIONS
A. The captions preceding the various paragraphs and
subparagraphs of this Declaration are for convenience of reference
only, and none of them shall be used as an aid to the construction
of any provision of the Declaration. Wherever and whenever
applicable, the singular form of any word shall be taken to mean
or apply to the plural, and the masculine form shall be taken to
mean or apply to the feninine or to the neuter.
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THIS DEAD OF DE'DICATIO_•1, made and dated this 8th
day of July, 1D78, by Timber Ridge Farms of Virginia, Inc., a
Virginia corporation, hereinafter known as "Declarant";
WHEREAS, Declarant is the sole owner of the lands
described in the attached plats for Timber Ridge Farms Subdivision
Section IV, which is the same realty that was conveyed to Timber
Ridge Farms of Virginia, Inc., by deed dated the 24th day of June,
1978, and of record in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia, in Deed Book 49!7, Instrument
-To. 2390. Said plats, prepared by David Lee Ingram, C.L.S. , and
dated the 6th day of June, 1978, are made a part hereof and are
lincorporated herein by reference; and
WHEREAS, the Board of Directors of Timber Ridge Farms of
Virginia, Inc., pursuant to authority granted to it by its
Articles of Incorporation and By -Laws, has the authority to sub-
divide and to sell real estate; and
WHEREAS, the said Board of Directors, on motion duly
made and passed, and by its consent and authority, has approved
the aforesaid plats for the subdivision of its lands described
therein; which lands, as a part of the Timber Ridge Farms Sub-
division, are situate in the Gainesboro District of Frederick
County, Virginia; and
WHEREAS, the provisions of this Declaration of Protective
Restrictions and Covenants, as hereinafter set forth, have been
designed with the thought that most persons, ideally, would like tc
be a part of a community having an ecologically balanced atmosphere
where each individual property owner could enjoy to the fullest
extent possible on his own property his privacy and his individual
1
ants and desires without, in the course of such enjoyment,
nfringing upon the privacy, priviliges and desires of his neich-
ors, and visa versa. Consequently, in this Declaration an attemp
as been made to provide for the exercise of maximum freedom for
hose activities which may be engaged in upon the individual tract'
o long as such activities do not unduly infringe unon the rights
f privacy and enjoyment of the neighbors and the community;
WHEREAS, Declarant, through the action of its Board of
Directors, has approved this Deed of Dedication for the attached
plats, and has directed the President and Secretary of the corpora
tion to execute and acknowledge, seal and deliver, this instrum,:.- t
for recordation among the land records of Frederick County, Virgin
and Hampshire County, West Virginia.
NOW THEREFORE, WI` NESSETH: This Deed of Dedication for
:;he attached plats is made subject to all of the following provisi
f this Declaration of Protective Restrictions and Covenants, whic
rovisions shall be deemed to run with the land for the mutual
rotection and benefit of all land owners, and shall apply to each
nd every numbered tract shown on the attached plats, except where
eserved as herein provided, to -wit:
I. EXCLUSIVE RESIDE.11TIAL USE AND !''_PROVE^TEITTS
A. These tracts are restricted to residential use for
ingle family, private dwellings or residences designed for occupa
y one family on each tract. 'To structure or building of any kind
r construction of any sort, shall be placed or permitted upon a
ract unless and until plans and description of same shall have be
ubmitted in duplicate to, and approved in writing by, the Environ
ental Control Committee (hereinafter called "Committee") as the
ame is from time to time composed.
B. Except with the written consent of the Committee, no
nobile home, mobile house, travel trailer, motor home, camper unit
tent or temporary living quarters (including basements of homes to
=onstructed), shall be placed, maintained or occupied on any tract
-)rovided, hoirever, that self --propelled motor horses, travel trailer
ind tents for camping may be used on all tracts except Tracts '1o.
and 39 for periods not exceeding seventy -tiro (72) hours at any one
-lime; and on Tracts No. h2 and 43 for continuous periods, not exc
ing thirty (30) days at any one time; provided in both instances
Such temporary facilities are at least seventy-five (75) feet from
:he nearest side tract line and at least one hundred and fifty (15
feet from the front easenent line, and are discreetly screened
2
3,grx 49 4 621
either by shrubbery and trees or a combination of such and artifi
cial screens so as to be reasonably out -of -sight of the roadways
and not visible to occupants of adjacent tracts on which homes ha
been constructed. This restriction does not prohibit the parking
of unoccupied self-propelled motor hones, or travel trailers or
camper units in driveways or parking areas adjacent to single fa:-
homes provided such vehicles are reasonably out -of -sight from the
roadways and the occupants of adjacent tracts on which homes have
been constructed.
C. :I'o tem_orary structure or other outbuilding shall b,
placed or erected on any tract; provided, however, that the Comr_i
may grant permission for the construction of a permanent building.
_`or the storage of tools and equinr:ent pro✓ided it is planned as
permanent outbuilding of the residence when constructed, it is no -
to be used and is not used as a temporary residence, and the plan:
for and location of the permanent outbuilding are submitted to an
approved by the Committee. Also, the Committee may grant permiss:
for any tem_orary structure for storage e` materials during con-
struction. Iio such temporary structure as =ay be approved shall
Wised at anv time as a dwelli nG .
ICO`T =� pl'�G PLr^_dSI. �i�IOdi;TAL CO_POL r_r.i
A. The plans for any dwelling or other building to be
ons:,ructed or externally altered on any tract, or for any other
tructure including fences, shall be an -proved in writing by the
nvironmental Control Committee prior to start of construction or
lteretion.
1. The Committee initially shall consist of at le ---
three (3) members auuointed by the Declarant; and, aftei
the Timber Ridge Farms Association (the property owners
association) has been activated, the members shall be
appointed by that Association.
2. Two (2) sets of all construction plans (to inc]
specifications for any structure plus _nterior and extei
elevations, exterior materials, color selections for the
exterior, and landsca_pi _nE plans) must be presented to t'
Committee for written annroval. These glans shall also
include' a lot plat showing the location of the structurE
planned within the property, including precise informati
as to the set -back requirements. One set shall be retui
to the tract owner after aunroval and one set shall be
retained by the Committee.
B. The ftquare footage requirements for residences con-
tructed on the tracts shall be as follows, unless otherwise apprc
!d in writing by the Committee:
Tracts No. 38 through 46: The ground floor,
exclusive of open porches, patios and garages, shall
be not less than 1,200 square feet in the case of a
one-story structure, nor less than 1,000 square feet
in the case of a one and one-half or two story
structure; and in the case of a structure more than
one story the total living space shall be at least
1,500 square feet. Basements, garages, storage areas,
patios and porches shall not be included in the total
living space.
F
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D V E IN AM
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_ to record.
"I
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,moss/ate ���.e ,f�0-f� �cc-q7/cr.v
- -- witugment thereto/cr���j µas adnr,ted
C•'e;ic.
-� 494 '79
997 oZ
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VIRGINIA FREDcP>CK COtJ"4-Y- SCT-
Insc nt of wri`_ir,g was prcA:.,•-ad to r e on the-1t-2_.~ day
at _T / an vr;;h cz o;f.rz`.e of acF ncv/ledgment ther,ato; nnerF was adni t:ed
to record.
j
6:{3
4 4 746
THIS DEED OF DEDICATION), made and dated this 12th day
Of July, 1978, by Timber Ridge Farms of Vir€inia, Inc., a
Virginia corporation, hereinafter known as "Declarant";
WHEREAS, Declarant is the sole owner of the lands
described in the attached plats for Timber Ridge Farms Subdivisio
Section V which is the same realty- that was conveyed to
Timber Ridge Farms of Virginia, Inc., by deed dated the. 11th day
Of July, 1-978, and of record in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia, in Deed Book 49L ,
Instrument 'do. Said plats , prepared by David Lee Ingrann,
C.L.S., and dated the llth day of July, 1978, are made a i)art
hereof and are incorporated herein by reference; and
WHEREAS, the Board of Directors of Timber Ridge Farms of
Virginia, Inc., pursuant to authority granted to it by its Article
of Incorporation and By -Laws, has the authority to subdivide and
to sell real estate; and
WHEREAS, the said Board of Directors, on motion duly mad;
and passed, and by its consent and authority, has approved the
foresaid plats for the subdivision of the lands described therein,
Which are a part of the Timber Ridge Farms Subdivision which lies
in Virginia on the eastern slope of Big Timber Ridge in the Gaines)
boro District of rrederick County, Virginia, with the exception of
a small strip irhich lies on the western slope of Big Timber Ridge
in the Dloomery District of Hampshire County, I-,'est Virginia; and
=nJ--^-S, the provisions of this Declaration of Protectiv
Restrictions and Covenants, as hereinafter set forth, have been
designed with the thought that most persons, ideally, would like t
be a part of a community having an ecologically balanced atmospher
:where each individual property owner could enjoy to the fullest
extent possible on his own property his privacy and his individual)
1
ants and desires without, in the course of such enjoyment,
nfringing upon the privacy, priviliges and desires of his neiC
ors, and visa versa. Consequently, in this Declaration an att,
as been made to provide for the exercise of maximum freedom foi
hose activities which may be engaged in upon the individual try
o lonC as such activities do not unduly infringe upon the right
f privacy and enjoyment of the neighbors and the com__unit,y;
WHEREAS, Declarant, through the action of its Board o
Directors, has approved this Deed of Dedication for the attaches
lats, and has directed the President and Secretary of the corps
;ion to execute and acknowledge, seal and deliver, this instrun,.
I
or recordation amonE the land records of . rederic:_ County, Virg
and Hampshire County, West Virginia.
NOW THEREFORE, I,TI^ifESSETH: This Deed of Dedication fc
the attached plats is made subject to all of the following provi
f this Declaration of Protective Restrictions and Covenants, wh
rovisions shall be deemed to run with the land for the mutual
rotection and benefit of all land owners, and shall apply to ea
nd every numbered tract shown on the attached plats, except whe
eserved as herein provided, to -wit:
I. EXCLUSIVE RESIDENTIAL USE AND IMPROVEMENTS
A. These tracts are restricted to residential use for
single family, private dwellings or residences designed for occu
by one family on each tract. No structure or building of any ki:
or construction of any sort, shall be placed or permitted upon a
tract unless and until plans and description of same shall have
submitted in duplicate to, and approved in writing by, the Envir,
nental Control Committee (hereinafter called "Committee") as the
same is from time to time composed.
B. Except with the written consent of the Committee,
o mobile home, mobile house, travel trailer, motor home,
camper unit, tent or temporary living quarters (including base-
:_ents of houses to be constructed), shall be placed, maintained
or occupied on any tract; provided, however, that self-propelled
motor homes, travel trailers, and tents for camping may be
used on all tracts for continuous periods, not exceeding thirty
(30) days at any one time, provided such temporary facilities
are at least seventy-five (75) feet from the nearest side
line and at least one hundred and fifty (150) feet from the
front easement line of the tract, and are discreetly screened
2
4.'1 494 r:��_ 7`2�3
either by shrubbery and trees or a combination of such and artif
cial screens so as to be reasonably out -of -sight of the roadv: ys
and not visible to occupants of adjacent tracts on which homes I
been constructed. This restriction does not prohibit the parkin
of unoccupied self-propelled motor homes, or travel trailers or
camper units in driveways or parking areas adjacent to single fa
homes provided such vehicles are reasonably out -of -sight from th
roadways and the occupants of adjacent tracts on which hones hav
been constructed.
C. No temporary structure or other outbuilding shall
laced or erected on any tract; provided, however, that the Corrm
may grant permission for the construction of a permanent buildin
for the storage of tools and equipment provided it is planned as
permanent outbuilding of the residence when constructed, it is n
'o be used and is not used as a temporary residence, and the pla
I
or and location of the permanent outbuilding are submitted to a
approved by the Committee. Also, the Committee may grant permis
for any temporary structure for storage of materials during con-
struction. No such temporary structure as may be approved shall
used at any time as a dwelling.
II. E VIROV'1k'ITTAL CONTROL CO.'tiiITTEE A -ND BUILDI:;G PLANS
A. The plans for any dwelling or other building to be
!onstructed or externally altered on any tract, or for any other
;tructure including fences, shall be approved in writing by the
;nvironmental Control Committee prior to start of construction of
,.lteration.
1. The Committee initially shall consist of at le
three (3) members appointed by the Declarant; and, afte
the Timber Ridge Farms Association (the property owners
association) has been activated, the members shall be
appointed by that Association.
2. Two (2) sets of all construction plans (to inc
specifications for any structure plus interior and exte
elevations, exterior materials, color selections for th
exterior, and landscaping plans) must be -presented to t
Committee for written anaroval. These plans shall also
include'a lot plat showing the location of the structur
planned within the property, including precise informat
as to the set -back requirements. One set shall be retu
to the tract owner after approval and one set shall be
retained by the Committee.
B. The square footage requirements for residences con-
tructed on the tracts shall be as follo?rs, unless otherwise
.pproved in writing by the Committee:
The ground floor, exclusive of open porches, patios,
and garages, shall be not less than 1,000 square
feet in the case of a one-story structure, nor less
than 800 square feet in the case of a one and one-half
or two story structure; and in the case of a structure
more than one story the total living space shall be at
least 1,200 square feet. Basements, garages, storage
areas, patios and porches shall not be included in the
total living space.
3
cr. 49.4 74�.
C. Buildings may be of a conterporary period or modern
design, must be of substantial construction, and may be of wood,
logs, stone, masonry or composition, but must be finished or
painted in such a.manner as not to detract from, nor mar, the
natural beaut-Y of the surroundings. All buildings shall contain
a substantial quantity of new materials and no used structures
shall be relocated or placed on any tract; provided, however, that
in the construction of vintage -type log houses, the use of used
logs may be incorporated into the construction plans, subject to
the approval of the Committee. No dwellings shall be used for an;;-
other than single-family residences, except on tracts otherwise
designated by the Declarant, its successors or assigns. No single
family residence shall exceed thirty-five feet in height as
measured from the lowest floor level (not the basement), unless
otherwise approved by the Committee.
D. Any structure erected or placed on any tract shall
be set back at least seventy-five (75) feet from the front road
easement line, at least seventy-five (75) feet from the rear tract
line, and at least sixty (60) feet from each side tract line,
unless the Co=ittee allows variances and adjustments in order to
overcome practical difficulties and prevent unnecessary hardships.
E. The exterior of all buildings, and landscaping, must
e completed within nine (9) months after start of construction or
alteration; provided, however, that the Committee may approve an
extension of time in appropriate cases.
III. MODEL OR EXHIBIT HOUSES
A. No model or exhibit house shall be erected on any
latted tract, nor shall the owner of any tract or his agent
ermit the use of his residence or house as such, without the
rior written approval of the Declarant, its successors or assigns
IV. SUBDIVISION OF TRACTS
A. No tract may be subdivided or easements granted
without the written approval of the Declarant, its successors or
assigns; provided, however, that the Declarant reserves the right
to re -subdivide any of its unsold lands in the subdivision. If
two or more adjoining tracts are acquired by the same owner, no
part or parts of said tracts shall be conveyed by said owner unless
each tract being conveyed and each tract being retained is in
compliance with all of these restrictions and covenants.
V. STREETS, ROADWAYS AND EASE11ENTS
A. The streets and roadways shown on the attached plats
are not publicly owned within the meaning of Section 15.1-478 of
he Code of Virginia, 1950 as amended, nor are they publicly
maintained. Further, the recreational easements shown are
of dedicated as streets or roadways, and the creation of said
easements does not obligate the Grantor to construct, improve,
iiaintain or repair said easements for any purpose whatsoever.
They are not for the use of the public, but only for the use,
enjoyment, and benefit of all the tract owners for recreational
purposes, such as hiking and horseback riding; provided, however,
that the Grantor reserves the right to extend road•.*ays on such
easements should in its sole judgment the need arise. All ease-
ments reserved herein may be conveyed only by the Grantor, its
successors or assigns, and no easement rights shall be conveyed
y any tract owner except to the purchaser of said tract, without
he prior written consent of the Grantor, its successors or
assigns. Also, no roadways may be constructed on any platted
tract, including the recreational easements, except for purposes
of access to the residence and approved outbuildings and for
ar}:in ,, without the written approval of the Grantor, its
successors or assigns. Grantor further reserves the right for
itself, its successors or assigns, and the Timber Ridge Farms
M
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FIiTU�E �a90 Goc�gT/Dili
�IRG!NIP r=REDERICK COUNTY, SCT•. 7-4
This �n `.rumrn: of writing was paxiuced to me on the __/ — . day of _ ___ C _�_ / C
et..__ 7_Si ! __. and with :certificate of acknoMedgment therat nnex was admitted
to record.
�C-rJT � of Z
THIS DEED OF DEDICATION, riade and dated this 12th
day of July, 1978, by Timber _Ridge Farms of Virginia, Inc., a
"irginia corporation, hereinafter known as the 'Declarant";
WHEREAS , Declarant is the sole owner of the lands
described in the attached plats for Timber Ridge Farms Subdivisic.-
Section VI, which is the same realty that was conveyed to
Timber Ridge Farms of Virginia, Inc., by deed dated the 8th day
of July, 1978, and of record in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia, in Deed Boot, h94,
inst. No. 2423. Said plats , prepared by David Lee Ingram, C. L. S. ,
and dated the llth day of July, 1978, are made a part hereof
and are incorporated herein by reference; and
WHEREAS, the Board of Directors of Timber Ridge Farms of
Virginia, Inc., pursuant to authority granted to it by its Article
of Incorporation and By -Laws, has the authority to subdivide and
to sell real estate ; and
WHEREAS, the said Board of Directors, on motion duly read
and passed, and by its consent and authority, has approved the
aforesaid plats for the subdivision of the lands described therein:,
which are a part of the Timber Ridge farms Subdivision which lies
in Virginia on the eastern slope of Big 'Timber Ridge in the Gaines
bozo District of Frederick County, Virginia, with the exception of
a sr.all strip ,:hick lies on the western slope of Dig Timber .^-.idge
in the Bloomery District of Hampshire County, t-:est Virginia; and
WFE'REAS, the provisions of this Declaration of Protectiv
Restrictions and Covenants, as hereinafter set forth, have been
designed with the thought that most persons, ideally, would like t
be a part of a community having an ecologically balanced atnosp:ier
where each individual property owner could enjoy to the fullest
extent possible on his own property his privacy and his individual
1
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tj'//ram .r/ U-VI-��P M Y �f/,4.U0 T/f/S // '`'"Oyr o ! ✓�/c /, / % 78
f��r ALTH of ��
NGRAM
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FR'=Dc�RICK COUNTY, SCT. iJ
ent of writing was orodwed to me on the day of
'.4
t!__-��=--- and wit
car`iiicate of ackrrawaedgrnent tt> >
to record-
THIS DEED OF DEDICATION, made and dated this 12th day
Df July, 1978, by Timber ridge Far:as of Virginia, Inc. , a
IT;rginia corporation, hereinafter kno-..n as "Declarant";
Declarant is the sole o?:'_n_er of the lands
described in the attachee plats for Timber Pidre "arms 5ubdivisic
I_>ection VII, which is the same realty that was conveyed to
imber pidge Farms of Virginia, Inc., by deed dated the Pth day
of Jul.-1 1978, and of record in the Office of the Clerk or the
Circuit Court of Frederick County, Virginia, in need Boo}_ Ln- 4 ,
Instrurent"'_`Io. 2423; and by deed dated the llth day of July, 197
and of record in the said Clerk's Office in Deed Boot: 494,
Instrument N o . 2 . Said plats, prepared by David Lee Ingram,
C.L.S., and dated the llth day of July, 1978, are made a part
lereof and are incorporated herein by reference; and
WHEREAS, the Board of Directors of Timber midge Farms o.
Virginia, Inc., pursuant to authority granted to it by its Articl4
of Incorporation and By -Laws, has the authority to subdivide and
.o sell real estate; and
WHEREAS, the said Board of Directors, on motion duly nac
tnd passed, and by its consent and authority, has approved the
foresaid plats for the subdivision of the lands described therein,
nich are a part of the Timber Ridge Farms Subdivision which lies
in Virginia on the eastern slope of Big Timber Ridge in the Gaines
boro District of 'Frederick County, Virginia, with the exception of
small strip t:hich lies on the western slope of Big Timber ridge
in the Bloomery District of Hampshire County, 'Test Virginia; and
WHEREAS, the provisions of this Declaration of Frotectiv
estricticns and Covenants, as hereinafter set forth, have been
designed with the thought that most persons, ideally, would like t
be a part of a community having an ecologically balanced atmosphe r
where each individual property owner could enjoy to the fullest
extent possible on his own property his privacy and his individual
1
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A.E'� FO,P ,G�CC•E'C��OTiO�[
THIS DIED OF DEDICATION, made and dated this 12th day
f July, 1978, by Timber Ridge Farms of Virginia, Inc., a
lVirginia corporation, hereinafter known as ''Declarant";
1,7HEREAS, Declarant is the sole owner of the lands
described in the attached plats for Timber Ridge Farms Subdivisic
Section VIII, which is the same realty that was conveyed to
Timber Ridge Farms of Virginia, Inc., by deed dated the 8th day
of July, 1978, by deed dated the Pith day of July, 1978, and by
deed dated the llth day of July, 1978, and of record in the Offic
of the Clerk of the Circuit Court of Frederic' County, Virginia,
in Deed Book 494 as Instruments :o. 2422, 2423, and 251.5_�'
respectively. Said plats, prepared by David Lee Ingram, C.L.S.,
and dated the llth day of July, 1978, are made a part hereof and
are incorporated herein by reference; and
WHEREAS, the Board of Directors of Timber Ridge Farris o
irgir.ia, Inc., pursuant to authority granted to it by its Artie!
f Incorporation and By -saws, has the authority to subdivide and
o sell real estate; and
WHEREAS, the said Board of Directors, on motion duly ma
nd passed, and by its consent and authority, has approved the
foresaid plats for the subdivision of the lands described therei-
which are a part of the Timber Ridge Farms Subdivision which lies
in Virginia on the eastern slope of Big Timber Ridge in the Gaine
ooro District of Frederick County, Virginia, with the exception o
small strip which lies on the western slope of Big Timber Ridge
in the Bloomery District of HarDshire County, Vest Virginia; and
::IE ZEAS, the provisions of this Declaration of Protecti
,,estrictions and Covenants, as hereinafter set forth, have been
lesigned with the thought that most persons, ideally, would li':e
)e a part of a community having an ecoloEically balanced atmosphe
.-here each individual property owner could enjoy to the fullest
xtcnt possible on leis own property his -riv, c,: ^_nc? ?li s indiv, c'�^
1
• 703
#4405
IITIMBER RIDGE FARMS OF VIRGINIA, INC.
TO: DEED OF VACATION & REDEDICATION
.c%,,x 5Gi tA_u ! 03:
THIS DEED OF VACATION AND REDEDICATION, dated this 21st
day of November, 1978, is'made by Timber Ridge Farms of Virginia,
Inc.,`a'Virginia corporation and sole owner of the lands described
in the original Deed of Dedication and Plats of the Timber Ridge
Farms Subdivision, Section III, which are recorded in Deed Book 494
at Page 604.
WHEREAS, the Board of Directors of Timber Ridge Farms of
irginia, Inc., on motion duly made and passed, adopted a resolutio
o vacate Plats 2 and 3 of Section III of the Timber Ridge Farms
ubdivision, as recorded in Deed Book 494 at Page 604; and to sub-
titute therefor the attached revised Plats 2 and 3 of Section III.
NOW THEREFORE, WITNESSETH: That Timber Ridge Farms of
irginia, Inc.,.does hereby vacated Plat 2 and Plat 3 of Section II
f the Timber Ridge Farms Subdivision, as recorded in Deed Book 494
t Page 604 in the Office of the Clerk of the Circuit Court' of Fred
rick County, Virginia, it being the sole owner of the lands des-
ribed therein; and does hereby substitute therefor the attached
evised Plat 2 and Plat 3 of Section III of that Subdivision, as
repared by David Lee Ingram, C.L.S., and dated November 16, 1978.
WITNESS the following signatures and seals.
��•' Timber Ridge Farms of Virginia, Inc.
B y : ot�4 �-c� �� t �--`-t_, ( SEAL )
;'ii _ •TTES-T: President
(SEAL)
'j 'A&5-, Secretary
TATF. OF VIRGINIA
of t,� L. Li Cc.- , To -wit
i
Jj 0- �( ���, a Notary Public in and for the
State and o,<21 aforesaid, do hereby certify that L.
tarold Moss and Mildred M. Moss, whose names are signed to the fore•
,oing instrument as President and Assistant Secretary, respectively
f Timber Ridge Farms of Virginia, Inc., and with the seal of the
orporation duly affixed _hereto, have this day personally appeared
efore me in my said and State, and acknowledge the same
GIVEN UNDER MY.THAND THIS_ day of 1978.
My Commission expires {. tcici a lL
t: SEAL) o ary Public
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•
THIS DEED OF VACATION AND REDEDICATION, dated this 21:
day of vember, 1978, is made by __tuber Ridge Farms of Virginia
Inc., a Virginia corporation and sole owner of the lands descrit
in the original Deed of Dedication and Plats of the Timber Ridge
Farms Subdivision, Section III, which are recorded in Deed Book
at Page 604.
WHEREAS, the Board of Directors of Timber Ridge Farms
irginia, Inc., on motion duly made and passed, adopted a resolu
o vacate Plats 2 and 3 of Section III of the Timber Ridge Farms
ubdivision, as.recorded in Deed Book 494 at Page 604; and to su
titute therefor the attached revised Plats 2 and 3 of Section I
NOW THEREFORE, WITNESSETH: That Timber Ridge Farms o
irginia, Inc., does hereby vacated Plat 2 and Plat 3 of Section
f the Timber Ridge Farms Subdivision, as recorded in Deed Book
t Page 604 in the Office of the Clerk of the Circuit Court of Fi
rick County, Virginia, it being the sole owner of the lands des-
ribed therein; and does hereby substitute therefor the attached
evised Plat 2 and Plat 3 of Section III of that Subdivision, as
repared by David Lee Ingram, C.L.S., and dated November 16, 1978
WITNESS the following signatures and seals.
Timber Ridge Farms of Virginia, Inc
By: (SEAL)
iMTEST: yy��P,� President
hi (SEAL)
Azs:. Secretary
STATE OF VIRGINIA
of �_C�� t)L((-,c-, To -wit:
a Notary Public in and for the
tate and ('�42 aforesaid, do hereby certify that L.
arol.d Moss and Mildred M. Moss, whose names are signed to the fc
oing instrument as President and Assistant Secretary, respective
f Timber Ridge Farms of Virginia, Inc., and with the seal of the
orporation duly affixed .:hereto, have this day personally appear
efore me in my said (,Zt�L71 and State, and acknowledge the sa
GIVEN UNDER MY THAND THIS �C day of 1978
`, My Commission expires
' �SFAL) 4o, ary Public
ltAr
+
VIRGINIA 1-KL•ULtt1L,n wU1'91 1. _a,i.
This Instrument of writing was produced to me on the 2,�� day of --a
at. and 3� � and with certNicate of acknowledgment therato anaewed yM adaltLW
to record.
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ALEXANDRIA OFFICE
510 KING STREET, SUITE 200
P.O. BOX 820
ALEXANDRIA, VIRGINIA 22313
(703) 836-8400
FAIRFAX OFFICE
3110 FAIRVIEW PARK DRIVE, SUITE 1400
P.O. BOX 12001
FALLS CHURCH, VIRGINIA 22042
(703) 641-4200
LEESBURG OFFICE
SUITE 300
44084 RIVERSIDE PARKWAY
LEESBURG, VIRGINIA 22075
(703) 729-8500
LAW OFFICES
Hazel&Thomas
A PROFESSIONAL CORPORATION
WINCHESTER OFFICE
107 NORTH KENT STREET, FOURTH FLOOR
P.O. BOX 2740
WINCHESTER, VIRGINIA 22601
(703) 665-0050
FAX (703) 722-4051
April 30, 1992
Wayne Miller
Frederick Co. Planning Dept.
9 Court Square
Winchester, Virginia 22601
MANASSAS OFFICE
THE OLD PIEDMONT BUILDING
THIRD FLOOR
9324 WEST STREET
MANASSAS, VIRGINIA 22110
(703) 330-7400
RICHMOND OFFICE
411 EAST FRANKLIN STREET, SUITE 600
P.O. BOX 3-K
RICHMOND, VIRGINIA 23206
(804) 344-3400
MARYLAND OFFICE
SUITE 2100
120 EAST BALTIMORE STREET
BALTIMORE, MARYLAND 21202
(301) 783-3500
WASHINGTON OFFICE
SUITE 400
2001 PENNSYLVANIA AVENUE, N.W.
WASHINGTON, D.C. 20006
(202) 659-7000
Re: Timber Ridge Farms Subdivision
Section IX
Our File No. 20125.002
Dear Mr. Miller:
Enclosed please find a copy of a Deed of Vacation and
Rededication with plat attached for Timber Ridge Farms
Subdivision, Section IX, which plat will need to be resigned by
the Frederick County Planning Department.
After you have had a chance to review the document and
plat please contact my office and I will deliver the original for
resigning.
If you have any comments or questions, please advise.
Sincerely,
HAZEL & THOMAS, P.C.
Thomas M. Dickinson, jr.
TMD/shc
Enclosure
/ Timber Ridge Farms Sec--=4thru
Gainesboro District
SUBD APPROA-
In