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Copyright © 2001, Marcus C. Thomas (Content is the property of the Kings Grant Homeowners Assoc.)

 

 

 

 

 


COVENANTS OF KINGS GRANT HOMEOWNERS ASSOCIATION

A NON-STOCK CORPORATION

 

 The following document(s) are the applicable, current Covenants of the

 Association. Additional information related to the Association is on file at the

 Stafford County Courthouse.

 

 Please note that Book 849, page 43, paragraph 4 states that requests for

 architectural approval should be forwarded to the Association at 215 King

 Alfred Way, Fredericksburg, Virginia after June 30, 1992

 

The Covenants were initially filed 22 August 1986 in Book 523, pages

 617-624. An Amended Declaration of Covenants was filed on 11 May 1992,

 and is the current document for the Association (Attached). There are no

 additional filing related to Lot XX. Additional information related to the

 Association is on file at the Stafford County Courthouse. A list of citations is

 included in this section.

 

 Please note that Book 849, page 43, paragraph 4 states that requests

 for architectural approval should be forwarded to the Association after June 30, 1992.

 

BOOK 849: PAGES 042

 

On lots 23.43.47.621 and 101 within such ingress and egress easements, the

 declarants also reserve an easement for decorative fencing1 landscaping and entrance

 structures (for example1 but not limited to. sign posts. entrance signs. columns or walls

 built of wood, brick or stone) and electric and water utilities for lighting. watering and

 maintaining the entrance features. The declarants shall transfer this reserved

 easement for decorative fencing1 lanciscaping1 and entrance features to the King's

 Grant Homeowners Association1 Inc., on or before June 30, 1992. Until the last lot in

 the subdivision section has been sold, the declarant with respect to that section

 reserves the right to create, ~ocate1 modify and vacate in whole or in pail easements for

 access and utilities to each lot in the section.

 

 2. Utility easements 15 feet front and rear and 5 feet on the sidelines of all lots

 are hereby reserved for the C&P Telephone Company of Virginia,. the right to construct,

 operate1 maintain, replace and remove a communication system consisting of such

 buried and aerial cable1 buried wires, terminals and location markets, as from time to

 time are required. Also the right to cut any trees and undergrowth necessary to place

 cable and the right to ingress and egress over1 under and across said land for the

 purpose of exercising the rights herein granted.

 

 In addition to said lot easements, a temporary 10 foot easement to cross or

 place telephone lines in streets and roadway right of way where necessary as

 determined by C&P Telephone

 

BOOK 849: PAGES 043

 

 Company of Virginia is hereby granted Such easement will become null and void at

 the time streets or roadways are accepted by the Virginia Department of Highways.

 

 3. For each lot other than lot 13, twenty feet along each side and rear line

 adjoining other lots in King's Grant and 40' along each side and (ear line not adjoining

 other King's Grant property are reserved as bridle easements (for horseback riding and

 jogging only) for King's Grant lot owner1 other members described in paragraph 6

 below. or for guests of King's Grant lot owner.

 

 4. No house, outbuilding or other improvements may be constructed on any lot

 without prior written approval of Declarant of that section as to its size, location and

 aesthetic qualities. Such approval shall not be unreasonably withheld. That declarant

 may require such) plans, drawings Or other information as it may deem necessary to

 render its decision. Any submission of plans, drawings, etc. accompanied with a valid

 return address of the person submitting them when sent to that Declarant at P.O. Box

 979, Great Falls, Virginia 22066 by certified mail, return receipt requested, shall be

 deemed approved thirty days after the receipt of the same by the Declarant if that

 Declarant has not by that date deposited in the mail to the submitter's return address, a

 notice that the plans are disapproved and has not otherwise notified the person

 submitting the plan of their disapproval. Flag poles and flags for patriotic or religious

 purposes shall always be approved.

 

 

 BOOK 849: PAGES 044.

 

 All homes other than those on~ Lots 6.13 and 18 shall have ~ minimum of 1.8OOsquare

 feet of finished living space. This right and responsibility for architectural control shall

 pass to the King's Grant Homeowners Association. Inc., (Hereinafter the Association)

 onjune301 1992.

 

 5. The owners of each lot shall be liable for an annual contribution to the

 maintenance and improvement of the ingress and egress easements serving their

 parcels as established by the Declarants. The amount of the contribution for road

 maintenance and improvement established by the original declaration of covenants was

 $125.00 per year. That amount has been increased in the succeeding years. Any

 amounts which have not been paid when due on any lot remain a lien on such lot(s).

 The imposition .of liability and the lien therefore under the original restrictive covenants

 is consistent with and is expressly

 

 not vacated by this amended declaration of covenants for King's Grant any other

 provision hereof notwithstanding. The amount of the contribution for road maintenance.

 and improvement shall be a minimum of $159.03 per lot per year in 1991. This amount

 shall increase a minimum of five percent per year and may increase more rapidly on

 the vote of a majority of the Directors of the Association; but the contribution shall not

 exceed $30000 per lot per year before August 22, 1996 Nothing in this amended

 declaration shall impose on any Declarant an obligation to pay a contribution for the

 improvement or maintenance of the ingress and egress easements.

 BOOK 849: PAGES 045

 

 The annual contribution shall be paid to the Association at P.O. Box 979, Great Falls,

 Virginia1 22066. Unpaid contributions shall be liens running with the land enforceable

 by any lot owner by creditor's bill1 by suit under the Subdivided Land Sales Act, under

 the Homeowners Association Act or by action at law; and costs and reasonable

 attorney's fees shall be collectable. in all these proceedings. The lien herein

 established shall be subordinate only to the first lien deeds of trust.

 

 6. Lake Stafford farms Limited Partnership will convey to the Association Lot 13

 including stables and other improvements on or before January 30, 1992. The

 conveyance will be for the. benefit of lot owners in King's Grant, and In Sections 3,4, 5,

 6~ Laurelwood (as limited below).

 The owners of each tot in King's Grant and all additional sections of king's Grant

 to be acquired and/or platted and developed hereafter by the Declarant shall be liable

 for an annual contribution for the maintenance and improvements to Lot 13 and the

 bridle trails. The liability for this contribution1 increases in this contribution, the lien of

 this obligation1 the payment and collection procedures for this contribution are the

 same as the road maintenance in paragraphs except that the minimum amount

 imposed with the original restrictive covenants was $25.00 per lot per year. That

 amount has been increased in the succeeding years. Any amounts which have not

 been paid when due on any lot remain a lien on such lot(s). The imposition of liability

 and the lien therefore under the original

 BOOK 849: PAGES 046

 

 restrictive covenants is consistent with and is expressly not vacated by this amended

 declaration of covenants for King's Grant any other provision hereof notwithstanding

 

 Nothing contained in this amended declaration shall impose on any Declarant an

 obligation to pay a contribution for the maintenance and improvements of Lot 13 and

 the bridle trails in 1991 is $31.90 per lot per year.

 

 Lot owners in Sections 3, 43 5,6, Laurelwood shall have the same rights and

 privileges as owners of lots in King1s Grant with respect to the bridle easements and

 Lot 13 upon paying in advance an amount equal to the per lot annual contributions both

 for the maintenance and improvement of the ingress, egress easements described in

 paragraph 5 and for maintenance and improvement of Lot I 3 and the bridle trails

 described in this paragraph 6 which contributions are in that year being charged to

 King's Grant property owners. No prorated amount shall be accepted: an amount equal

 to the entire year's contribution shall be paid for these rights and privilege~ until the

 following July 1 regardless of the date of payment

 

 The board of directors of the Association shall have the authority to extend the

 same rights and privileges to people who are not lot owners in King's Grant or

 Laurelwood on terms to be established by the Board. The board of directors of the

 Association shall also have the authority to:

 

 a) prescribe guests fees due from King's Grant lot owners for guests of King's Grant lot

 owner;

 

 BOOK 849: PAGES 047

 b. permit guests of other members on such terms as the board may prescribe

 except that fees for guests of other members must be paid prior to the guests' use of

 Lot 13 or the bridle trails;

 

 C. permit daily use of Lot 13 and the bridle trails by individuals and groups upon

 such terms as the board may prescribe;

 

 d. lease~ the use3 in common with members, of Lot 13 and the bridle trails. on

 such terms as the board may prescribe to a tenant who operates a~stable1 gives (riding

 lessons or conducts other horse related businesses;

 

 7. At each settlement in which the Declarant first conveys a lot (other than

 conveyance in trust to secure debt~1 the purchaser(s) shall pay to the Association an

 initial contribution for (road maintenance of $125.00 and an initial Contribution toward

 maintenance of the bridle trails and stable of $25. (~O. In addition1 the purchaser(s) shall

 pay to the Association the current year's annual contribution for both of these

 maintenance fees prorated till the next June 30. On July 1 of each year thereafter,

 these annual fees shall be paid in advance for the following year.

 BOOK 849: PAGES 048

 

 

 8. STATEMENT PURSUANT TO SECTION 22 OF THE CODE OF

 STAFFORD COUNTY, VIRGINIA:

 WHEREAS, The Owners of each lot will desire to build on the above described

 property which is not currently served by a public highway or road, but is served by a

 private access easement; and

 

 NOW THEREFORE the Declarants recite and each owner taking title subject to

 these covenants understands;

 

 That the road is ineligible for admission into the state secondary (road system for

 maintenance unless it is broug3ht into conformance with requirements of the Stafford

 County or the state.

 

 That the lot may not be further subdivided into lots of less than ten(1U) acres

 each unless the requirements the Stafford County Subdivision Ordinance are met; and

 

 That until the roads are accepted into the state secondary system, state

 maintenance will not be provided and mail service and school bus service may not be

 available to the property.

 

 9. The lots shall be used for single family residential farmette use only. single

 family' means no more than six adults related to one another as brother, sister,

 stepbrother1 stepsister1 mother, father, husband, wife, daughter, son, grar~ather3

 grandmother, granddaughter, grandson, stepdaughter1 stepson together with any

 number of their children. The foregoing shall include adopted and foster children. No

 pigs or

 

 

 BOOK 849: PAGES 049

 

 

 

 chickens may be kept on any 101 No commercial enterprises except a stud farm. horse

 boarding or grooming1 riding lessons and other horse related businesses are permitted.

 

 10. Should two or more lots be joined in a single ownership and used for a

 single home site, then the easements along the interior lot lines shall be extinguished.

 Those easements shall be reestablished if the lots are divided into separate

 ownership. At all times all the fees and charges established herein shall be due on a

 per lot basis as the lots are originally platted whether or not contiguous lots have been

 joined in a common ownership.

 

 11. These covenants and restrictions shall be covenants running with the land

 and shall be enforceable by the Declarant1 by any lot owner or by the Kings Grant

 Homeowner Association. These covenants and restrictions shall run with the land

 for a period of twenty years from the date of these Amended Declarations of Covenants

 for King's Grant and shall thereafter be automatically renewed for successive ten (10)

 year periods. These covenants may be modified1 enlarged or released in, whole or in

 part; as to any or all lots1 by the Declarant of the section in which the lot lies, until the

 sale of the last lot in the subdivision (including future sections to be subdivided from the

 remaining contiguous property now titled to any of the Declarants') and thereafter by the

 owners of 80% of the lots subject to these covenants.

 

 

 BOOK 849: PAGES 050

 

 

 The Board of Directors of the Association shall have authority to modify1 remove

 and/or add any previsions of these covenants for the limited purpose of avoiding

 conflicts with requirements of governmental agencies in regard to financing. funding or

 insuring of mortgage loans.

 

 To the extent that any of the covenants and restrictions previously recorded are in

 conflict with the foregoing1 the previously recorded covenants are hereby vacated.

 WJTIESS THE FOLLOWING SIGNATURES AND SEALS:

 

 Lake Stafford Farms

 a Virginia limited pautnership1

 

 

 By: Alfred D. Heck, General Partner

 

 

 By: George Burkhardt1 Ill, General Partner

 

 

 Michael A Revell, Trustee

 

 State OF VIRGINIA

 CITYICOUNT?Y OF Stafford, to-wit:

 The foregoing Amended Declaration of Covenants for King's Grant was

 acknowledged before me the 11th day of May. 1992, by Alfred D. Heck, General Partner

 of Lake Stafford Farms

 

 Notary Public

 

 My commission expires:

 2-2~95

 

 BOOK 849: PAGES D51

 

 

 STATE OF VIRGINIA

 CITY COUNTY of Pittsylvania. to wit:

 The foregoing Amended Declaration of Covenants for King's Grant was

 acknowledged before me this I B~ day of May, 1992, by George Burkhardt, III, General

 partner of Lake Stafford Farms.

 

 Notary Public

 

 My commission expires 2-2~95

 

 State of Virginia

 Cit y County of Stafford to wit.:

 

 The foregoing Amended Declaration of covenants for King's Grant was

 acknowledged before me this 11"' day of May, 1992, by Michael A Revell, Trustee.

 

 Notary Public

 

 My Commission expires: 2-2~95

 legal/amended.cov

 

 Commonwealth of Virginia.

 County of Strafford, to wit:

 IN The OFFICE OF THE CLERK OF THE CIRCUIT COURT FOR THE

 County OF STAFFORD, The 1st day of May 1992 THE FOREGOING AMENDED

 Declaration was PRESENTED AND WITH THE CERTIFICATE INDEXED,

 ADMITTED TO RECORD AT 1:04 P.M. AND INDEXED. AFTER PAYMENT OF

 ______TAX IMPOSED BY SEC. 58.1.8OO, ET SEQ.

 

 TESTE:

 

 _________________________

 Clerk

 

 BOOK 878 PAGE 673

 

 This DEED OF EASEMENT made this I 5"' day of September, 1992 by LAKE

 STAFFORD FARMS, A VIRGINIA LIMITED PARTNESHIP provides:

 

 Premise 1. By Declarations of Protective Covenants recorded in the land

 records of Stafford County, Lake Stafford Farms, a Virginia limited partnership as

 declarant established easements for ingress and egress and utilities as shown on the

 of sections 2,3, 4A, 4B and 5, Kingt5 Grant recorded in the Stafford County plat

 books. The covenants are amended in deed book 849, page 41. Both the original

 covenants and the amended covenants reserve to the declarant the authority to create,

 locate, modify and vacate in whole or in part easements for access and utilities to the

 properties.

 

 Premise 2. Portions of the roadways as constructed deviate from their platted

 easement locations.

 

 Premise 3. The declarant desires to modify the easements to encompass the

 actual location of the roadways.

 

 NOW Therefore in consideration of the premises and the benefit to the

 properties, Lake Stafford Farms1 a Virginia Limited Partnership does hereby grant and

 establish an easement benefiting and appurtenant to the lots of King's Grant

 Subdivision in Stafford County, Virginia. The location of the easement is shown as;

 a. additional 50' ingress/egress easement on plat showing additional ingress/egress

 easement lot 14, Section 2, King's Grant by Paul F. McConnell, L. S., dated August 18,

 1882 a copy of which is recorded herewith and made a part hereof;

 

 BOOK 878 PAGE 674

 

 

 b. "Additional ingress/egress easement" on plat showing additional ingress

 egress easement Lot 28. Section 3 King's Grant by Paul F. McConnell, LS.1 dated

 August18. l992acopywhich is recorded herewith and made a part hereof;

 

 C. 'Additional ingress-egress easement" On plat showing additional ingress/egress

 easement lot 30, Section 3. King's Grant by Paul F. McConnell, LS.1 dated Aug~~ 18

 1992 a copy of which is recorded herewith and made a part hereof;

 

 d. "Additional ingress-egress easement" and additional ingress/egress easement

 on Plat showing additional ingress-egress easement" on Lot 381 39A, 43, S~ 4A

 King's Grant by Paul F. McConnell1 L.S., dated August 18,1992 a copy of which is

 recorded herewith and made a part hereof;

 

 e. "Additional ingress-egress easement on plat showing additional ingress-

 egress easement lot 45. Section 4A King's Grant by Paul F. McC~mell1 L.S., dated

 August 18, 1992 a copy of which is recorded herewith and made apart hereof;

 

 f. "Additional ingress-egress easement and additional ingress-egress easement."

 shown on plat additional ingress-egress easement Lot 62, Section 4B, King's Grant b9

 Paul McConnell, LS., dated August 18, 1992 a copy of which is recorded herewith an

 made a part hereof;

 

 g. "Additional ingress-egress easernent5 on plat showing additional ingress-

 egress easement" on plat showing additional ingress-egress easement Lots 107, 109

 110 and 111, Sections, King's Grant by Paul F. McConnell, L S., dated August 18,

 1992 a copy of which is recorded herewith and made a part hereof;

 

 BOOK 878 PAGE 675

 

 

 h. "Additional ingress/egress easement on plat showing additional ingress-

 egress easement Lot 1131 Section 5, King's Grant by Paul F. Mc&onnelI1 ~ dated

 August 181 1992 a COPY of which is recorded herewith and made a part hereof;

 

 i. "Additional ingress-egress easement" on plat showing additional ingress-

 egress easement Lot I 19A, Section 5. King's Grant by Paul F. McConnell, L.S. dated

 August 18.1992 a copy of which is recorded herewith and made a part hereof.

 

 The purpose of the easement shall be for in9ress1 egress and utilities upon the

 same terms as the easements created and granted in the restrictive covenants.

 

 And further in consideration of the premises and. the benefit to the properties1

 Lake Stafford Farms1 a Virginia Limited Partnership does hereby vacate a portion of this

 existing ingress/egress easement which is shown as the existing ingress. & egress

 easement (P.B. 18, P.G. 136, 137) hereby vacated" on plat of vacated" on plat of

 vacation of a portion of ingress-egress easement Section 51 King's Grant by Paul

 F.MCConnell1 L.S., dated September 1~ 1992 a copy of which is recorded herewith and

 made a part hereof.

 

 WITNESS the following signatures and seals:

 

 LAKE STAFFORD FARMS. A VIRGINIA

 LIMITED PARTNERSHIP

 E

 

 

 

 

 by:

 ALFRED D. HECK, GENERAL PARTNER

 plat book 23 Page 213-222~.

 

 • See attached for signatures

 • B00K878PAGE676

 

 BOOK 878 PAGE 676

 

 

 STATE OF Virginia

 COUIITY OF Fairfax~ to wit:

 

 The foregoing Deed of Easement was acknowledged before me this 15th day of

 September 1992 by ALFRED D HECK< GENERAL PARTNER OF LAKE STAFFORD

 FARMS< A VIRGINIA LIMITED PARTNER$HIP~.

 

 

 

 

 NOTARY PUBLIC

 

 

 MY COMMISSION EXPIRES; 9-30-94

 

 

 COMMONWEALTH OF VIRGINI~

 CQUNTY OF STAFFARD~ TO-WIT;

 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT FOR

 THE COUNTY OF STAFFORD THE 5 DAY OF OCTOBER, 1992

 THE FOREGOING DEED OF EASMENT WAS PRESENTED AND

 WITH THE CERTIFICAT ANNEXED. ADMITTED TO RECORDED A

 AT 3:07 P.M. AND INDEXED. AFTER PAYMENT OF $ TAX

 IMPOSED BY 58.,ET.SEQ. TESTE:

 

 ICLERK

 By; 8arbara G. Decatur, De

 

 

Copyright © 2001, Marcus C. Thomas
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