SMOKETREE RESTRICTIVE COVENANTS

Imposed by instrument recorded in Deed Book 1282, page 12, in the Clerk's Office, Circuit Court of Chesterfield County, Virginia.

THIS DECLARATION OF RESTRICTIONS, COVENANTS, AND CONDITIONS, is made and executed this 19th day of October, 1977 by MIDLOTHIAN DEVELOPMENT CORPORATION, a Virginia corporation; (the Owner). 


RECITALS:

A. The owner is the fee simple owner of certain real property located in Chesterfield County, Virginia, as shown on Exhibit A attached hereto and made a part hereof(which real property and any additional real property subjected to this Declaration in accordance with the provisions hereof are hereinafter referred to as the Property) and desired to provide for the orderly development of a residential community thereon.

B. The Owner desires to subject the Property to the covenants and restrictions as hereinafter set forth for the benefit of the Property and each owner of a portion thereof

NOW, THEREFORE, the Owner hereby declares the Property is and shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, conditions and restrictions hereinafter set forth, such covenants, conditions, and restrictions to run with, bind the burden the Property for and during the period of the time hereinafter specified.

A. Additions to the Property by Owner. As long as the Owner owns any real property in the general area of the Property described in Exhibit A of this Declaration by filing a supplement hereto in the appropriate Clerk's Office.

B. Architectural Control Committee.

  1. No building, structure, outbuilding, fence, wall or improvement of any nature whatsoever (expect for interior alterations to existing structures not affecting the external structure or appearance of any improvement on any portion of the Property) shall be constructed or modified on the Property unless and until the plans for such construction shall have been approved in writing by the Architectural Control Committee (the Committee). The plans submitted to the Committee for approval shall include (1) the construction plans and specifications and related drawings including all proposed landscaping and grading and exterior coloring, and (2) a plat showing the location of all proposed improvements. No except in accordance with such approved plans, or a modification there of, that has also been approved by the Committee pursuant to separate application therefor.
     
  2. No plans for a primary dwelling to be constructed on the Property shall be submitted for such approval unless the living area of such dwelling, exclusive of one story open porches, attics, and garages shall exceed (a) on portions of the Property zoned R-15, 1,800 square feet for one story residences, and 2,000 square feet for two story residences, (b) on portions ofthe Property zoned R- 9, 1,200 square feet for one story residences, and 1,500 square feet for two story residences; provided, however, that this provision may be waived in writing by the Owner (such waiver to be binding on the Committee) as long as the Owner retains an ownership interest in any portion of the Property
     
  3. Approval by the Committee shall be based upon compliance with the provisions of this Declaration, the quality of workmanship and materials, harmony of external design with surrounding structures, location of the improvements' with respect to topography and finished grade elevation, the effect of the construction on the outlook from surrounding portions of the Property, and all other factors which in the reasonable opinion proposed improvements in relation to the aesthetic quality of the Property.
     
  4. Approval or disapproval of each application to the Committee shall be given to the applicant in writing within thirty days of receipt thereof In the event the approval or disapproval is not forthcoming within sixty days, unless an extension is agreed to by the applicant in writing, the application shall be deemed approved and the construction of the applied for improvements may be commenced provided that all such construction is in accordance with the submitted plans and provided further that such plans conform in all respects to the other terms and provisions of this Declaration.
     
  5. Approval by the Committee shall not constitute a basis for liability of the members of the Committee, the Committee or the Owner for any reason including without limitation (1) failure of the plans to conform to any applicable building codes or (2) inadequacy or deficiency in the plans resulting in defects in the improvements.
     
  6. The members of the Committee may be removed by the Owner with or without cause at any time and from time to time and all successors shall be appointed by the Owner as long as the Owner has an ownership interest in the Property and thereafter as the owners of portions of the Property shall determine among themselves. The Committee members shall not be entitled to any compensation for their activities hereunder. The Committee may designate a representative to act in its behalf who need not be a member of the Committee and such representative shall not be entitled to compensation for his activities hereunder.
     
  7. The authority of the Committee hereunder, its procedure and make-up may be modified or abrogated by duly recorded instruments executed by the then owners of eighty percent of the lots created on the Property, except as to the rights of the Owner provided in Sections 2 and 6 hereof.

 


C. Restrictions.

  1. No lot shown on a plat of subdivision of the Property (Lot) shall be used except for residential purposes and for purposes incidental thereto, except for model homes utilized by builders. Only one residence shall be constructed on a Lot; provided, however, that suitable outbuildings and other improvements of the same construction and exterior siding as the main residence may be constructed if approved by the Committee as hereinbefore provided.
     
  2. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than six square feet advertising on the Lot for sale or rent, or signs used by a builder to advertise the Lot during the construction and sales period. 
     
  3. No trailer, tent, shack, garage, barn or other outbuildings erected on any Lot shall at any time be used as a residence, temporarily or permanently, and no structure of a temporary character be used as a residence.
     
  4. No trailer, camper, recreational vehicle or boat having a height offive feet or more shall be parked on the street in front of any residence. Trailers, campers, recreational vehicle or boats of this nature may be parked on the rear of the individual Lots.
     
  5. No motor vehicles shall be parked for more than twelve hours in anyone week on any Lot without having a current Virginia, or other state, license tag.
     
  6. No animals, livestock or poultry of any kind shall be raised, bred or kept in any Lot, except that dogs, cats and other household pets may be kept, provided (1) they are not raised, bred or kept for commercial purposes and (2) they shall not become an annoyance or nuisance to other Lot owners.
     
  7. No obnoxious or offensive activity shall be carried on or allowed upon any portion of the Property, nor shall anything be done thereon that may be or become a(n) annoyance or nuisance.
     
  8. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers maintained in a neat and orderly manner. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition in rear yards only.
     
  9. No individual sewerage disposal system shall be permitted on any Lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of state and local public health authorities. Approval of such systems as installed shall be obtained from such authorities.
     
  10. No Lot may be subdivided, altered or modified except as provided on the subdivision plates) recorded and to be recorded in connection with the development of the Property; provided, however, that the Owner shall have the right to re-subdivide, alter, modify, or vacate any subdivision plat as long as no Lot shown thereon has been conveyed by the Owner.
     
  11. Each Lot shall be maintained free of tall grass, undergrowth, dead trees, weeds and trash and generally free of any condition that would decrease the attractiveness of the Property.
     
  12. No Lot shall be cleared of trees or defoliated in such a manner as to decrease the attractiveness of the Property.
     
  13. Construction of each dwelling on a Lot shall be completed within one year after the commencement thereof. 

D. Recreational Association.

  1. It is the desire of the Owner that the owners of Lots shall have the opportunity to become members of a non-profit, non-stock recreational association (the Association) which will own, improve, maintain and administer certain recreational facilities for the benefit of the members of the Association. The Association shall be called "Smoketree Recreational Association, Inc." and shall be formed by the Owner and Each Lot owner shall have the opportunity to become a member of the Association.
  2. In order to promote the development of the Association, the Owner hereby covenants and agrees:
    (i) To convey by deed of gift to the Association certain unimproved real estate comprising a portion of the Property containing not less than two acres nor more than five acres at such time as the Association has at least eighty members. The property conveyed by such deed of gift shall be utilized only for the benefit of the members of the Association. The deed shall contain a right of re-entry and reverter so that the title to the property so conveyed will revert to the Owner (1) if not improved by improvements (such as tennis courts and a swimming pool) with the construction coast of not less than $100,000 within two years of the recordation of the deed of gift, and (2) thereafter if the property is abandoned or the Association is dissolved. That portion of the property so conveyed to the Association shall be used for recreational purposes only in a manner that is consistent with a first class residential community and shall be exempt from the provisions hereof, except as to Section B.

    (ii) To contribute to the account of the Association the following amounts according to the schedule indicated:

    Amount             Payment Schedule
    $100,000          Paid in $400 increments as each of the first
                              250 improved lots are conveyed.

    $50,000             Paid in $200 increments as each of the first
                              250 improved lots are conveyed.

    At its sole discretion, the Owner may contribute the $150,000 total set forth above before the schedule indicated above.

     
  3. In the event there are not at least 100 members of the Association on or before January 7, 1983, the Owner's obligations hereunder shall be null and void, all previous contributions by the Owner to the Association shall be returned, title to the property conveyed by the deed of gift referred to in Section 2 (1) above shall revert to the Owner, and the Association shall be dissolved. The Owner shall have no further obligations or duties under this Section D

E. Miscellaneous.

  1. Enforcement. Enforcement shall be By proceedings at law or in equity, either to restrain violation or to recover damages, by the Owner or any Lot owner or the Association against any person or persons violating or attempting to violate any covenant. If no such proceedings be instituted within sixty days of the occurrence of any such violation or attempted violation, enforcement has been waived by all parties owning or having any notice of said violation or attempted violation.
     
  2. Severability. Invalidation of any of the provisions hereof by judgment or court order shall in no way atTect any of the other provisions which shall remain in full force and effect.
     
  3. Duration. These provisions are to run with the land and burden the Property and shall be binding on all parties owning portions of the Property and all person claiming under them for a period of25 years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for additional periods of ten years each unless an instrument signed by a. majority of the then owners of Lots has been recorded.
     
  4. Amendment. This Declaration may be modified or amended by duly recorded instrument signed by eighty percent of the then owners of the Lots and the Owner, as long as it retains any interest in the Property, unless specifically prohibited herein.
     
  5. Other Land. The Owner reserves to itself, its successors, or assigns, the right to construct or permit construction of and the right to operate and maintain other facilities, such as churches, schools, recreational areas, country clubs, shopping centers, et cetera, on other property, owned by it in Chesterfield County, Virginia, not included in the Property, provided such other facilities be approved by the Planning Commission of Chesterfield County, Virginia.

 

By Supplements to Declaration of Covenants, Conditions and Restrictions recorded in the aforesaid Clerk's Office, the foregoing Covenants, Conditions and Restrictions were made applicable to other Sections of Smoketree as shown below:

First Supplement in Deed Book 1376, page 178, Section C.
Second Supplement in Deed Book 1401, page 205, Section D
.
Third Supplement in Deed Book 1480, page 797, Section E.
Forth Supplement in Deed Book 1518, page 773
, Section F.
Fifth Supplement in Deed Book 1549, page 190
, Section G.
Sixth Supplement in Deed Book 1596
, page 1630, Section H-l.
Seventh Supplement in Deed Book 1603, page 89, Section H-2.
Eighth Supplement in Deed Book 1603, page 275, Sections I.
Ninth Supplement in Deed Book 1610, page 73
, Section J.
Tenth Supplement in Deed Book 1617, page 1403, Section K.