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WHEREAS, by a Dedication and Plat of Lake Front Royal, Sections A, B, C, and D, recorded in the Clerk's Office of the Circuit Court of Warren County, Virginia, in Deed Book 177, at page 211; and by a Dedication and Plat of Lake Front Royal, Sections E, F, G, H, J, and K, recorded in said Clerk's Office in Deed Book 177 at page 518, executed by the owners of such real estate, Price-Radin Associates, Inc; and Moore, Kelly, and Reddish, Inc.; and by an Amended Declaration of Lake Front Royal recorded in said Clerk's Office in Deed Book 188, at page 236, executed by Price-Radin Associates, Inc. certain restrictive covenants were placed on the lots within Lake Front Royal Subdivision; and
WHEREAS, the said Dedications reserved certain rights and responsibilities in the owners Price-Radin Associates, Inc. and Moore, Kelly, and Reddish, Inc.; and
WHEREAS, by deeds recorded in said Clerk's Office in Deed Book 211, at page 34; Deed Book 300, at page 291; and Deed Book 313, at page 827, the said owners conveyed their rights and responsibilities to the Lake Front Royal Property Owners Association, Inc.; and
WHEREAS, pursuant to the provisions of paragraph numbered 18 in both of said Dedications the owners, in order to protect the further health and/or welfare and enjoyment of the property owners, have the right to modify or supplement the restrictive covenants; and
WHEREAS, since the recording of said restrictive covenants in 1970, the character of Lake Front Royal Subdivision has changed from a "recreational land" subdivision to a single family dwelling subdivision; and
WHEREAS, since 1970, legislation has been enacted both by the Commonwealth of Virginia and the County of Warren, that affects the use of the lots within Lake Front Royal Subdivision.
NOW THEREFORE, in order to protect the further health and/or welfare of the property owners within Lake Front Royal Subdivision, the undersigned Lake Front Royal Property Owners Association, Inc., owner-assignee of Price-Radin Associates, Inc.; and Moore, Kelly, and Reddish, Inc. hereby supplement and modify the restrictive covenants of Lake Front Royal Subdivision
LAKE FRONT ROYAL RESTRICTIVE COVENANTS
- The owners of lots within Lake Front Royal Subdivision, and the Lake Front Royal Property Owners Association, Inc., shall be bound by the requirements of Property Owners Association Act, Chapter 26 of Title 55 of the Code of Virginia, as amended.
- All new dwellings, outbuildings, and any improvements to existing dwellings, or construction of any improvements upon any lot within the subdivision requiring a building permit shall be approved by an Architectural Committee appointed by the Lake Front Royal Property Owners Association and no construction shall be commenced until such approval has been obtained by the property owner or his or her designated agent. The Architectural Committee shall have the authority to impose a reasonable charge for the administrative costs of the approval of such improvements and may impose such other conditions on such approvals in order to protect the health, welfare and enjoyment of the property owners within the subdivision, including but not limited to a bond for the repair of any damages to the roads within the subdivision as a result of the construction of such improvements.
- Said property is for the private use of property owners, guests of owners, heirs and assigns, and no advertising, signs or billboards of any kind may be erected, placed or maintained on any lot, tracts or rights-of-way, nor upon any building erected thereon, except directional and informational signs of the Association. Only commercial activities allowed by the County Zoning Ordinance may take place at the residential property.
- All property owners agree that he/she, his/her executor, or assigns, shall be subject to pay a yearly assessment in compliance with the By-Laws, Rules, and Regulations (under separate cover) to be promulgated. The assessment amount may be increased or decreased by a percentage not greater or less than the change in the current C.P.I.. Any unpaid lot assessment shall have fees added to the unpaid balance according to the By-Laws. Those in arrears may have liens brought against their property, for those fees plus court costs, attorney's fees, and interest, as set forth in the Property Owners Association Act.
- That Corporation reserves exclusively unto themselves, their heirs, assigns, the right to erect and maintain electric and telephone poles or facilities, cable TV, conduits, equipment, sewers, gas or water lines along existing roadways and rights-of-way or to grant easements or rights-of-way therefore, with the right of ingress and egress for the purpose of erection or maintenance on, over or under a strip of land five (5) feet wide at any point along the side, rear or front easement lines of any lots or tracts upon said property.
- All facilities marked on the plats with shaded diagonal lines, including but not limited to lakes, parking areas, and restroom facilities become the property of the several purchasers who, upon execution of the contract, become owners of equal, undivided interests thereof. Proceeds from the sale of such shared facilities and properties will be deposited in the operating account of the Association as provided for in the Articles of Incorporation. Property owners will be responsible for the upkeep of culverts entering their own property, and will not manipulate, harm or destroy any of the common areas including the lake, dam, creeks, or roads, including the discharge of oil. The Association retains the exclusive right to maintain the facilities on the real estate owned by them.
- No part of any lot may be sold or used as a road or right-of-way to any property outside of the subdivision. This restriction shall not apply to any lot as yet unsold by the. Association, nor to any road constructed by the Association.
- All roads and facilities are private and are for the use and enjoyment of the property owners and their guests only.
- No rifle, shotgun, bow and arrow, crossbow, or small arms shooting shall be permitted upon Lake Front Royal, as per County Ordinance.
- Each purchaser agrees to maintain his property either in its natural state; or if improved or developed, in that state and prevent unsightly or otherwise offensive conditions, including abandoned cars, industrial equipment and other large machinery, and proliferation of trash. Animals deemed a health risk by the Health Department or other government agency, either by numbers or size, are forbidden at Lake Front Royal. If such a situation exists and is not remedied within a reasonable time following written notification by the Association, the Association may take the appropriate action and recover the cost of such remedy from the property owner.
- Recreational camping is allowed on undeveloped lots with the permission of the Association and so long as this use does not violate any county or state ordinance,
- If any lot purchaser, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real estate situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant, either to prevent him or them from so doing or to recover damages or other dues for such violation.
- The Association and its directors individually will be held harmless in the event of a drowning in the lake or any other accident or death that takes place in or on any of the common areas.
- All property owners must abide by current covenants whether or not they purchased their property, built their homes and/or participated in specified activities prior to the institution of the current covenants. Certain exceptions are explained in the Architectural Guidelines.
- All property owners are bound by all relevant federal, state, and county laws, regulations, and ordinances in addition to the covenants set forth herein.
- All property owners are bound by the "Rules and Regulations" currently in force (under separate cover) as written by the Association.
- Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in. full force and effect.
- Nothing herein is construed to prevent the Association, in the event that provision must be made to protect the further health and/or welfare and enjoyment of the property owners, from modifying, or supplementing the above covenants, if such change, modification and supplementation is deemed appropriate. ADOPTED
Sherrie Posternak, President
Barbara Harris, Secretary Date _____________
Sherrie Posternak, President Date
Barbara Harris, Secretary
STATE OF VIRGINIA, COUNTY OP WARREN, to-wit: Subscribed and sworn to before me, a Notary Public in and for
the State and County aforesaid, by SHERRIE POSTERNAK,
President, and BARBARA HARRIS, Secretary, this 13th day of October, 1992. My commission expires ____________________