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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
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