,,,' /,-, --;J, By cx~", )1, \ )~-<--e.~orge R. Price,

Transcription

1 BOOK :397 PAGE 556 and By DEL E WEBB VRGNA, NC, a jo~nt enturer_ By _~~r-~ lce Presdent ATTEST: -"~~-46L--:r-~~~'--"%:-/ CONSENT The Board of Supervsors of Rockngham County, Vrgna (beng the governng body ~f sad County) hereby consents to the foregong vacaton LAW OFFCES CONRAD t1tten AND SPE ROCKNGHAM tounty BOARD OF SUPERVSORS,,,' /,-, --;J, By cx~", )1, \ )~-<--e ~orge R Prce, Zonng Admnstrator and Subdvson Agent L/jaf/O+l ~ ' VRGNA: n the Clerk's Offce of the Crcut Court of Roc~lngh<lmC,unty The forer,:,h 1 2 nstrument was ths day presented n the offce dar 2s,:Lj, ll:: ~,tj~,:tl,;;:;:;:th the certfcate of acknowled/lment annexed, ndmt,cj :0 record tlls414, G" y~2_,, 19z alj~::e&a:fm certfy th:, Uxcs \,;ef" ['h,ld "hell o;)pll:jole: Secton $ _, Secton :;; =:::::::::::::::':: TESTE: ~utr=tv -d-~rk Attached to tha wrtng a a plat wth the legend "MASSANUTTEN tnt TWO " made by McNar and Clne, Consultng Engneers, dated October 15, 1971 The lands shown on ths plat are now owned by Msssanutten Development Company (a jpnt venture) and were acqured by deed from Massanutten nc, a Vrgna corporaton, dated June 15, 1971, recorded n Deed Book 393, at page 90 Such land s zoned by Rockngham County, Vrgna, as "Resdental Planned Communty, DstrctR-4 f1, whc-h zonng p_ermts prvate roads Lkewse attached to ths wrtng s a lst of "Protectve Covenants and Restrctons" whch are hereby declared to affect those lots shown on such plat and no others and whch shall run wth the land for the term set out theren The owner of ths land does ~, by recordaton of sad plat, dedcate the streets, roads, alleys, easements, or open space to publc use but, rat~er, hereby specfcally resexves

2 LAW OFFCES CONRAD LTTEN AND SPE T tt _ : n '', --'- ~ _::::BOOK 397 fact 557 ttle to sad streets, roads, alleys, easements, and open space, the use of the open space, however, beng subject to Protectve Covenant No Thrty-one (31) The owner does hereby guarantee to purchasers of lots n sad subdvson the rght to use sad streets, roads, and alleys Approval of the fnal plan for ths unt was gven by the Plannng Commsson of Rockngham County, Vrgna, at ts meetng of November 18, 1971 Dated: November 19, 1971 MASSANUTTEN DEVELOPMENT COMPANY, a jont venture By DEL E WEnB VRGNA, NC~ :/o~fd-le: Vce P~esdent STATE OF VRGNA COUNTY OF ROCKNGHAM The foregong nstrument was acknowledged before me ths 19th day of November, 1971, by Leonard F LaSala, Vce Presdent of Del E Webb Vrgna, nc, a jont venturer of Hassanutten Development Company,_ a j~nt venture My commsson'expres May 20, ,J ",'

3 BOOK 397 PACE 559 " PROTECTVE COVENANTS AND RESTRCTONS f ' -~ 1 EXCEPT WTH WRTTEN APPROVAL OF MASSA NUTTEN DEVelOPMENT COMPANY, NO OPEN FRES WLL BE PERMTTED ON ANY LOT AT ANY TME THS PROHBTON PRECLUDES THE BURN NG OF BRUSH, LEAVES, OR RUBBSH OF ANY KNO AND FURTHER PRECLUDES THE LGHTNG OF CAMPFRES AT ANY TME OR N ANY PLACE WTHN MASSANUTTEN 2 These lots ore restrcted to resdental use and nothng but sngle famly prvate dwellngs or res dences desgned for occupancy by one famly shall be erected thereon except on those lots desgnated for mult-famly and commercal use 3 The plans for any dwellng, placed Or altered on any lot, shall be approved n wrtng by the Archtectural & Ecologcal Control Commttee (herenafter called "Commttee") pror to 'fart of canstrueton, placement, or alteraton (a) The Commffee shall consst of at least fve (5) members apponted by MASSANUnEN DE VELOPMENT COMPANY (heren sometmes callad the "Developer") (b) Three (3) sets of all constructon plans to n~ c1ude specfcatons for any structure plus n teror and exteror elevalons, exteror materals color selectons, and landscapng plans must be presented to the Commttee for ap provo These plans shall also nclude a lot plot showng the locaton of the structure planned wthn the properly One (1) set sholl be relurned to the property ownef' after approval; one {1} set shall be placed n tho fles of the Commttee; and the thrd set shall be fled wth the DEVELOPER 4 Unless otherwse approved n wrlng by the Commttee, the ground floor area of resdences construded on sad lots, exclusve of one story open porche~ or garages, shall be not less than 1,000 square feet n the case of a one story structure nor less than 800 square feet n the case of a one and one-half or two story structure and n the case of a structure of more than one story the total lvng space shall be at least 1200 square f~et No sngle famly resdence shall exceed 35 feet n heght as'measured from the lowest floor level 5 The exteror of all buldngs must be completed wthn nne (9) months after start of constructon or placement 6 Any strutture ereded or placed on any lot shall be set back twenty-fve (25) feet from front and rear lot lnes and ten (10) feet from each sde lof lne unless Commttee allows varances and adjustments n order to overcome practcal dffcultes and prevent unnecessory hardshps n-the applcaton of the provsons contaned heren 7 No sgns of any nature sholl be dsplayed to the publc vew wthout frst obtanng a wrtten opproval from ~ommttee, ercept that onec (1) sgn of n~t more than two (2) square feet, showng the owner's name and the name of the premses shall be permtted on a lot, but n no event sholl sad sgn measure more than three (3) feet n length or heght No "for sale" sgns are allow~d wthout wrtten approval of DEVELOPER 8 n order to assure that houses wll be located wth reg"ord to topography of each ndvdual lot, the Commttee reserves unto tself, ts successors and assgns, the rght to control absolutely, and solely to decde, the precse ste and locaton of any house or dwellng upon any lot, Or buldng pl'?t consstng of more than one lot provded, however~ that such locaton shall be determned only after reasonable opportunty s afforded the lot owner to recommend a specfc ste 9 Trees may be lmb~d up from the ground to any reasonable heght not to exceed eght (8) feet and n a manner to avod kllng sad trees Brush, ds eased or dead trees may be removed at any lme, 10 No trees may be removed wthout the wrtten ap_ proval of Commttee No trees shall be removed from any lot untl the owner shall be ready to be gn constructon, wthout the consent of the Com mttee The DEVELOPER does, however, reserve the exclusve rght to remove trees os may become nee essary for the development of roods, streets and recreatonal amentes No stream, watercourse, or sprng on or near any lot may be dammed blocked, mpounded, or otherwse altered n any way wthout the wr"en permsson of the 'Developer 11' No outsde tolet'shall be constructed on any lot ndvdual water wells shall be constructed on lots only wth _wrtten approval of the Commttee All plumbng fxtures, dshwashers, tolets or sewage dsposal systems shall be connected to the cam munty sewage system, and/or water ~tem as those utltes become avalable

4 BOOK 3~2J'AJL 560, \ 12 No temporary structure or other o_utbulfdng shall be placed or erected on any lot; provded, however, that Commttee may grant permsson for any such temporary structure for storage moterals duro ng construdlon No such temporary structure as may be approved sholl be used at any tme as a dwellng place 13 No moble home hous" or travel traler, camper unt, tent or other temporary lvng quarters sholl be placed mantaned or occuped on any lot 14 No fowl, swne cottle, sheep, goats horses or other domestc or wld - anmols shall be kept or man taned on any lot Ths restrcton sholl not -apply to dogs, cots or _other small domestc anmals that ore of a quet and unoffensve nature 15 No strpped down, partally wrecked, or junk motor vehcle or szeable port thereof, sholl be permtted to be parked on any street or on any lot n such manner as to be vsble to the occupants of other lots or to the usen of any street, rood, sk slope, or golf course theren No truck larger than three quarters (3/4) ton sholl be parked for overnght (or longer) storage, on any lot n such a mannor os to be vsble to the occupants of other lots or the users of ony street, rood, sk slope or golf course, except those vehcles whch wllf be necessary dur~ ng the octual perod of constructon 16 Every tank for the storoge offuel nstalle:d outsde any buldng shall be bured below the surface of the ground Every outdoor receptacle for ashes, tresh rubbsh or garbage shall be nstalled under ground screened or so placed and kept os not to be vsble from any street, road, sk slope, or golf course at any tme except durng refuse collectons 17 No owner of any lot shall buld or permt the buld ng thereon of any dwellng house that s to be used as a model house or exhbt unless pror wrtten permsson to do so sholl have been obtaned from 'he DEVELOPER, W;,h DEVELOPER approval, all such model houses or exhbts shall be marked as such n a manner to be prescrbed by DEVELOPER 18 All lots, whether occuped or unoccuped, and any mprovements placed thereon, sholl at all tmes be mantaned n such a manner as to prevent ther becomng unsghtly by reason of unattractve grc/wth on such lot or the accumulaton of rubbsh or debrs thereon n the event any such lot or mprovement thereon S' not so mantaned, MASSANUTTEN DEVELOPMENT COMPANY shall have the rght through ts agents and employees, to enter thereon for the purpose of mantenance, restoraton or reo par, the cost of whch shall be added to ond be~ come a part of the annual charge to whch lot may be subjed 19 No noxous or offensve actvtes sholl be carred on any lot nor sholl anythng be done on any lot that shot be or become an unreasonable annoyance or nusance to the neghborhood 20 No mprovement whch hos been partally or totally destroyed by fre or oth~rwse shall be allowed to reman n such state for moretho" three (3) months from the tme of such destructon 21 No trasl ashes, garbage or other refuse shalt be' dumped or stored on any 19t nor be thrown nto or onony street, roadway, brc{letpatl, hkng tral, or other route of general accen' 22 n order to enhance the appearance and orderl ness of Massonuften, the MASSANUTTEN DEVEl OPMENT COMPANY hereby reserves for lself, ts successors and assgns the exclusve rght to ope r ate or couse to be operated a commercal scavengng servce wthn Massanutten for the purpose of removng garbage, trash, and other lke household refuse The ch~rge to be mode for such refuse col lecton and removal servce shall be at a reasonable rate commensurate wth the rates charged by commercal scavengers servng other areas of hgh standards 23 No exteror televson or" rado antenna of any knd sholl be constructed or erected on ony lot or resdence ofter such tme as a communty antenna televson (CATV) system has been made Qvollable to resdences at rates of charge for nstallaton and monthly servce commensurate wlh the rates charged by comparable CATV systems 24 DEVELOPER reserves unto tself, ts successors and ossgns, a perpetual, alenable and releaseable easement over, upon, across and under each lot for the erecton, mantenance, nstallaton and use of electrcal and telephone poles, wres, cables, conduts, sewers, water mans, gas, or other publc convenences or utltes, but aftef' approval of constructon and ste locaton plans by the Commnee ths easement shall cease ~s- to that port of each lot as s covered by the dwellng or buldng DE VElOPER moy fu~h-er cut dranways for surface water wherever and whenever such acton may ap pear to DEVELOPER to be necessary n order to mantan reosonable standards of health safety and appe~rance t further reserves the rght to locate wells, pumpng statons, and tanks wthn resdental areas on any walkway, or any resden-

5 BOOK 5tH, L L -"- fcl lot desgnated for such use on the applcable plat of a resdental subdvson Such rghts may be exercsed by any lcensee of DEVELOPER but ths reservaton shall not be consdered an oblgaton of DEVELOPER to provde or mantan any such utlty or servce 25 t s agreed that as soon as a suffcent number of lots have been sold n Massanutten a non-stock property owners f assocaton shall be formed wth one membershp per lot or ono vote per lot and that ths assocaton n conjundon wth the Developer shall establsh reasonable annual assess ment charges for road mantenance and mantenance of the trals cmd recreatonal areas, t beng: understood that the Developer, ts offcers and d rectors sholl exercse three (3) votes for each un sold lot n the entre Massonutfen project 26 All covenants, restrctons and affrmatve oblga tons set forth n ths declaraton,hall run wth the land and shall be bndng on all partes and per son' clamng under them for a perod of twenty fve (25) years from the dote of recordaton of the plat of ths unt, after whch tme sad covenants shall be automatcally extended for successve perod, of ten (10) years unless an nstrument sgned by a majorty of the then owners of lots affected by such cavenan" has been recorded agreeng to change sad covenants n whole or n part No rew strcton or covenant heron s ntended to be used nor shall any restrcton or covenant be used by any lot ownor or Developer to dscrmnate aganst any person, whether a lot purchaser or prospectve purchaser upon resale by a lot owner upon the bass of race, creed color, or natonal orgn 27 No resdence shall be occuped untl constructon thereof s at least nnety per cent (90%) completed except wth wrten approval of MASSANUTEN DEVELOPMENT COMPANY 28 No room or rooms n any dwellng on a lot shall be leased or rented for any perod of tme However, a dwellng or rooms theren may be rented pursuant to an agreement made by the owner wth MASSA NUTTEN DEVELOPMENT COMPANY 29 Each lot owner shall construct and mantan sutable and adequate parkng space on hs lot for parkng of hs vehcles and the parkng of vehc:les of hs guests so that 'sod vehcles when parked sholl not obstruct or nterfere wth vehcular trovel on any of the roadways n sold development VRGNA: " the Clerk's Offce of the Crcut Court of Rockngham County The foregong nstrument was ths day presented n the ofce lfores<:d, and 3, tollcthc,:-»,th th~ certfcate of acknowledgment annexed admtted to record thsor"-t~;:;y o/~ -- 19:2'L al ~-e{1?:m certfy that taxes were pad when applcable: Secton $ -Secton $ " TESTE:4~t:w ~~lerl( Huntng of wld anmals or fowl on the Massanutfen projec;t s prohbted except wth wrtten approval 01 MASSANUTTEN DEVELOPMENT COMPANY The land n ths subdvson unt s now zoned by Rockngham County, Vrgna, as "Resdental Pon ned Communty, Dstrct R4" The porton of the land n ths unt whch desgnated on the plat as "Open Space" shau be used only for the purposes permtted under such xonng as now n eff~ct or hereafter amended Such "open space',~ may, ~aw ever, be conveyed to ot,hers but n O'ly deed or deeds of conveyance approprate language sholl be nserted to nsure and guarantee that toe land s used only for the purposes aforesad These covenants are to be recorded wth the plat of the unt or porton of the lands of MASSANUT TEN DEVELOPMENT COMPANY to whch they ro' late or apply They are not to be construed as relatng to or bndng any other unts or subdvsons of Mauonuften n the \lvent of a volaton or breoch of any of those restrctons by any property owner, or agent, or agent of such owner, the owners of lots n the neghborhood, or any of them lontly or severally, shall have the rght to,proceed at law or n equty to compel a complance to the terms hereof or to prevent the volaton or breach of such terms n an'l event n addton to the foregong, DEVELOPER shall have the rght whenever there Shall have been bult on any lot any structure whch s n volaton of these restrctons, to enter upon the property where such volaton exsts, and summarly abate or remove the Same at the expense of the owner, f after thrty (30) days wrtten notce of such volaton, t shall not have been corrected by the owner Any such entry and abatement or re- moval shall not be deemed a trespass The falure to enforce any rght, reservaton, restrcton or can dton contaned n ths Declaraton of Protectve Covenants and Restrctons, however long contnued, shall not be deemed a waver of the rghts to do so hereafter, as to the same breach or as to a breach occurrng pror or subsequent thereto and shall not bar or affect ts enforcement The nvaldaton by any court of any restrctons n ths Declaraton of Protectve Covenants and Re strlc;tons contaned sholl n no way affect any of thl other restrctons, but they shall reman n full force and effect 1 jj 1, l

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