| PART 1
COVENANTS, RESTRICTIONS AND AFFIRMATIVE
OBLIGATIONS APPLICABLE TO ALL
PROPERTIES IN WOODLAKE
The primary purpose of these covenants and restrictions
and the foremost consideration in the origin of same has been the creation of a community
which is aesthetically pleasing and functionally convenient. The establishment of certain
objective standards relating to design, size and location of dwellings and other
structures makes it impossible to take full advantage of the individual characteristics of
each parcel of Property and of technological advances and environmental values. For this
reason such standards are not established by these covenants. However, certain standards
are embodied in the "Conditional Use For A Planned Development for Woodlake"
granted by the Chesterfield County Board of Supervisors under the Zoning Ordinance of the
County of Chesterfield, Virginia (hereinafter referred to as the "Conditional
Use"). In order to implement the purposes of these covenants, the Company shall
establish and amend from time to time objective standards and guidelines, including, but
not limited to, Architectural Standards and Construction Specifications, Uniform Sign
Regulations, Uniform Mailbox Regulations, Landscape Guidelines, and Environmental Rules
and Regulations as defined hereinafter, which shall be in addition to and more restrictive
than said Conditional Use, and which shall be binding on all Property Owners within
Woodlake.
1. No building, fence or other structure shall be erected,
placed, or altered, nor shall a building permit for such improvement be applied for on any
Property in Woodlake until the proposed building plans, specifications, exterior color or
finish, plot plan (showing the proposed location of such building or structure, drives,
and parking areas), the land management plan described in paragraph 1 of Part II, and
construction schedule shall have been approved in writing by the Company. In addition, the
Company may, at its election, require prior written approval of a landscape plan. The
Company further reserves the right to promulgate and amend from time to time architectural
standards and construction specifications (hereinafter referred to as the
"Architectural Standards and Construction Specifications") for specific
neighborhoods and areas or for all Properties within Woodlake, and such Architectural
Standards and Construction Specifications shall establish, define, and expressly limit
those standards and specifications which will be approved in said neighborhoods and areas
or within the Properties, including, but not limited to, architectural style, exterior
color or finish, roofing material, siding material, driveway material, landscape design,
and construction technique. Refusal or approval of plans, location, exterior color or
finish, or specifications may be based by the Company upon any ground, including purely
aesthetic considerations, which in the sole and uncontrolled discretion of the Company
shall seem sufficient. No alteration in the exterior appearance of any building or
structure, including exterior color or finish, shall be made without like prior written
approval by the Company. One (1) copy of all plans and related data shall be furnished the
Company for its records. In the event approval of such plans is neither granted nor denied
within thirty (30) days following receipt by the Company of written demand for approval,
the provisions of this paragraph shall be thereby waived.
2. In order to assure that buildings and other structures will
be located and staggered so that the maximum view, privacy, sunlight, and breeze will be
available to each building or structure within the confines of each Property, and to
assure that structures will be located with regard to the topography of each Property,
taking into consideration the location of large trees and other aesthetic and
environmental considerations, the Company reserves the right to control absolutely and
solely to decide (subject to the provisions of the Zoning Ordinance of the County of
Chesterfield, Virginia) the precise site and location of any building or structure on any
Property in Woodlake for reasons which may in the sole and uncontrolled discretion and
judgment of the Company seem sufficient. Such location shall be determined only after
reasonable opportunity is afforded the Property Owner to recommend a specific site. The
provisions of this paragraph shall in no way be construed as a guarantee that the view,
privacy, sunlight, or breeze available to a building or structure on a given Property
shall not be affected by the location of a building or structure on an adjacent Property.
3. Each Property Owner shall provide space for the parking of
automobiles off public streets prior to the occupancy of any building or structure
constructed on said Property in accordance with reasonable standards established by the
Company.
4. Except as may be required by legal proceedings, no sign
shall be erected or maintained on any Property by anyone including, but not limited to, a
Property Owner, a tenant, a realtor, a contractor, or a subcontractor, until the proposed
sign size, color, content, number of signs, and location of sign(s) shall have been
approved in writing by the Company. Refusal or approval of size, color, content, number of
signs, or location of sign(s) may be based by the Company upon any ground, including
purely aesthetic considerations, which in the sole and uncontrolled discretion of the
Company seems sufficient. The Company further reserves the right to promulgate and amend
from time to time uniform sign regulations (the "Uniform Sign Regulations")
which shall establish standard design criteria for all signs, including, but not limited
to, real estate sales signs, erected upon any Property in Woodlake.
The Company and its agent shall have the right, whenever there
shall have been placed or constructed on any Property in Woodlake any sign which is in
violation of these restrictions, to enter immediately upon such Property where such
violation exists and summarily remove the same at the expense of the Property Owner.
5. It shall be the responsibility of each Property Owner,
tenant, contractor, or subcontractor to prevent the development of any unclean, unsightly,
unkempt, unhealthy, or unsafe conditions of buildings or grounds on any Property which
shall tend to substantially decrease the beauty or safety of Woodlake, the neighborhood as
a whole, or the specific area. The Company and its agents shall have the right to enter
upon any Property for the purpose of correcting such conditions, including, but not
limited to, the removal of trash which has collected on the Property, and the cost of such
corrective action shall be paid by the Property Owner. Such entry shall not be made until
thirty (30) days after the Owner of the Property has been notified in writing of the need
to take corrective action and unless such Owner fails to perform the corrective action
within said thirty (30) day period; provided, however, that should such condition pose a
health or safety hazard, such entry shall not be made until the Owner has been notified in
writing of the need to take immediate corrective action and unless such Owner fails to
perform the corrective action immediately. The provisions of this paragraph shall not
create any obligation on the part of the Company to take any such corrective action.
6. No mailbox shall be erected or maintained on any Property
until the proposed mailbox design, color, and location have been approved in writing by
the Company. Refusal or approval of design, color, or location may be based by the Company
upon any ground, including purely aesthetic considerations, which in the sole and
uncontrolled discretion of the Company seems sufficient. No alternation in the exterior
appearance of any mailbox shall be made without like prior written approval by the
Company. The Company further reserves the right to establish uniform mailbox regulations
(the "Uniform Mailbox Regulations") which shall define standard design criteria
for all mailboxes erected upon any Property in Woodlake.
7. Prior to the occupancy of a building or structure on any
Property, proper and suitable provisions shall be made for the disposal of sewage by
connection with the sewer mains of the Chesterfield County public sewer system which is
the only system presently approved by Chesterfield County for use in Woodlake, or other
means of sewage disposal if other means are approved by Chesterfield County for use in
Woodlake.
8. Prior to the occupancy of a building or structure on any
Property, proper and suitable provisions for water shall be made by connection with the
water lines of the Chesterfield County public water system which is the only system
presently approved by Chesterfield County for use in Woodlake, or other water system if
other water system is approved by Chesterfield County for use in Woodlake.
9. The Company reserves unto itself, its successors and
assigns, and its agent, a perpetual, alienable, and releasable easement and right on,
over, and under the Properties to erect, maintain, and use electric, Community Antenna
Television, and telephone poles, wires, cables, conduits, drainage ways, sewers, water
mains, and other suitable equipment for the conveyance and use of electricity, telephone
equipment, gas, sewer, water, drainage, or other public conveniences or utilities on, in,
or over those portions of such Property as may be reasonably required for utility line
purposes; provided, however, that no such utility easement shall be applicable to any
portion of such Property as may (a) have been used prior to the installation of such
utilities for construction of a building whose plans were approved pursuant to these
covenants by the Company, or (b) such portion of the Property as may be designated as the
site for a building on a plot plan for erection of a building which has been filed with
the Company and which has been approved in writing by said Company. These easements and
rights expressly include the right to cut any trees, bushes, or shrubbery, make any
gradings of the soil, or to take any other similar action reasonably necessary to provide
economical and safe utility installation and to maintain reasonable standards of health,
safety, and appearance. The Company further reserves the right to locate wells, pumping
stations, siltation basins, and tanks within Woodlake in any Open Space or on any Property
designated for such use on the applicable plat of said Property, or to locate same upon
any Property with the permission of the Owner of such Property. Such rights may be
exercised by any licensee of the Company, but this reservation shall not create any
obligation on the part of the Company to provide or maintain any such utility or service.
10. The use of the Swift Creek Reservoir by Property Owners
and their guests, tenants, and employees shall be governed by uniform rules and
regulations (the "Uniform Rules and Regulations") established and amended from
time to time by Brandermill, its successors and assigns, as defined in those three certain
Agreements and Deeds of Easement, all dated December 11, 1968, between predecessors in
title to Brandermill and the County of Chesterfield, Virginia, and recorded in Deed Book
946 at page 140 (rerecorded in Deed Book 949 at page 657 with plat attached), Deed Book
946 at page 157, and Deed Book 946 at page 170, in the Clerk's Office of the Circuit Court
of the County of Chesterfield, Virginia.
11. The use of those portions of the Swift Creek Reservoir
owned by the Company, its successors and assigns, by Property Owners and their guests,
tenants, and employees shall be governed by rules and regulation established and amended
from time to time by the Company which shall be in addition to and may be more restrictive
than the aforementioned Uniform Rules and Regulations.
12. Notwithstanding anything in this Declaration to the
contrary, the Company expressly reserves unto itself, its successors and assigns, and its
agent, the right to go on, over, and under any Open Space Property or any Property owned
by the Company to erect, maintain, and use any suitable equipment and support structures
incidental thereto for the purpose of extracting any minerals including, but not limited
to, oil, gas, and other hydrocarbons located under the Properties. This provision
expressly includes the right to cut any trees, bushes, or shrubbery, make any gradings of
the soil, or to take any other similar action reasonably necessary to provide economical
and safe mineral extraction. Such actions by the Company will be conducted within the
framework of the intentions of these Covenants, and with regard to the beauty and safety
of Woodlake and the purity of Swift Creek Reservoir. Such rights may be exercised by any
licensee of the Company. |