| PART III
ADDITIONAL RESTRICTIONS AFFECTING OPEN SPACE AREAS
1. It is the intent of the Company to maintain and enhance
(or to convey subject to open space restrictions to the Association) certain Properties
which the Company designates as "Open Space" (hereinafter referred to as
"Open Space Areas") or "Private Open Space" (hereinafter referred to
as "Private Open Space Areas") on its Master Plan or on plats recorded in the
Office of the Clerk of the Circuit Court of Chesterfield County, Virginia, by the Company.
It is the further intent and purpose of these restrictions and covenants to protect,
maintain, and enhance the conservation of natural and scenic resources; to promote the
conservation of soils, wet lands, wildlife, game, and migratory birds; to enhance the
value of abutting and neighboring Properties adjacent to such forests, wildlife preserves,
natural reservations or sanctuaries, or other open areas and open spaces; and to afford
and enhance recreation opportunities, preserve historical sites, and implement generally
the Woodlake Master Plan for development. The Company reserves the right to review and
modify the Master Plan at its sole option from time to time based upon its continuing
research and design program, and such modifications may change the boundaries of certain
Open Space or Private Open Space areas designated as such upon the Master Plan. The
Company further reserves the right to transfer, sell, convey, give, donate, or lease to
the Association or to any other third party and parcel of land designated as Open Space or
Private Open Space on the Master Plan, subject to the provisions of the Conditional Use
for a Planned Development granted by the Chesterfield County Board of Supervisors.
2. An easement in Open Space Areas is hereby granted to the
Owners of Properties in Woodlake, tenants of such Properties, and their guests, which
easement shall entitle such Owners, tenants, and their guests, to enjoy the Open Space
Areas subject to the rules and regulations established by the Company.
3. Land designated as "Open Space Areas" may be
employed in the construction, maintenance, and enjoyment of the following facilities,
subject to the Conditional Use for a Planned Development approved by the Chesterfield
County Board of Supervisors:
(a) Social, recreational, and community buildings;
(b)
Public and private profit making clubs, golf courses and other recreational facilities;
(c)
Daycare centers, nursery schools and kindergartens;
(d)
Indoor and outdoor recreational establishments;
(e)
Art school and/or art gallery and/or nature museum;
(f)
Light commercial activities;
(g)
Emergency squad(s) and fire stations.
4. Land designated as "Private Open Space Area"
shall be subject to the easement granted in paragraph 2 of this Part III in every respect
except that the enjoyment thereof shall be and is hereby limited to Owners of Property,
tenants of such Property, and their guests, which Property is immediately contiguous and
adjacent to such land, and to Owners of non-contiguous Property, tenants of such Property,
and their guests, which Property is designated on plats of Property in Woodlake as being
entitled to the enjoyment thereof. The easement in Private Open Space Area hereby granted
shall not extend to any area not clearly designated as "Private Open Space." All
expenses incurred in the protection, maintenance, and enhancement of "Private Open
Space Areas" shall be paid equally by the Property Owners who are entitled to an
easement of enjoyment over such areas.
5. Upon receipt of the written request of seventy-five (75%)
percent of the Owners having an easement of enjoyment over a Private Open Space Area, the
Company may permit the construction, maintenance, and operation of indoor and/or outdoor
recreation and community facilities upon such Private Open Space Area. The cost of such
construction, maintenance, and operation shall be at the sole cost of the Owners entitled
to such easement of enjoyment.
6. The Company reserves unto itself, its successors and
assigns, and its agents, the right to enter upon any Open Space Area or Private Open Space
Area for the purpose of constructing, landscaping, maintaining, and operating any (i)
indoor and/or outdoor recreational and community facilities, including, but not limited
to, tennis courts, platform tennis courts, handball courts, squash courts, basketball
courts, swimming pools, gymnasiums, golf courses, ice skating rinks, and any showers,
locker rooms, or other club facilities associated with such uses, putting greens,
playgrounds, ball fields, spectator viewing pavilions, gazebos, picnic shelters, picnic
tables, parks, horseback riding stables, riding arenas, riding trails, walking trails,
bike trails, boardwalks, decks, boating facilities and marinas, boat rental facilities,
boat storage facilities, trailer storage facilities, fishing facilities, beach facilities,
bicycle rental facilities, operating farms and/or animal pastures, wildlife conservancies
and feeding stations, nature interpretive areas, amphitheaters, community meeting
facilities, and all rest room facilities, parking lots, service buildings, and
concession-type food services associated with all such uses; and (ii) places of worship,
libraries; fire stations and rescue squads, post offices; day care centers, nursery
schools, and other schools and instructional centers; non-profit or charitable community,
civic, or cultural clubs and institutions; and other similar community facilities. The
Company further reserves the right to authorize the construction, landscaping,
maintenance, or operation of such facilities within Open Space Areas and Private Open
Space Areas by the Association or any other third party. The provisions of this paragraph
shall not create any obligation on the part of the Company to construct, landscape,
maintain, or operate any such facilities.
7. The Company and its agent shall have the right to protect
from erosion the lands described as Open Space Areas or Private Open Space Areas by
planting trees, plants, and shrubs where and to the extent necessary, or by such
mechanical means as construction and maintenance of siltation basins, or other means
deemed expedient or necessary by the Company. The right is likewise reserved unto the
Company and its agent to take steps necessary to provide and insure adequate drainage ways
in Open Space Areas and Private Open Space Areas, to cut fire breaks, remove diseased,
dead, or dangerous trees, and carry out other similar activities.
8. The Company reserves unto itself, its successors and
assigns, and its agent, a perpetual, alienable, and releasable easement of right to go on,
over and under any Open Space Area or Private Open Space Area 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. These reservations and rights expressly include the right to
cut any trees, bushes, or shrubbery, rights to make any gradings of the soil, or 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 unto itself, its successors and assigns, and its agents, the
right to locate, construct, and maintain wells, pumping stations, siltation basins, and
tanks within such Open Space Areas and Private Open Space Areas. Such rights shall not
create any obligation on the part of the Company to provide or maintain any such utility
or service.
9. No television antenna, radio receiver, radio sender, or
other similar device shall be attached to the exterior portion of any building or
structure on any Open Space Area or Private Open Space Area, or installed on any Open
Space Areas or Private Open Space Areas within Woodlake., provided, however, that the
provisions of this paragraph shall not prohibit the Company from installing or approving
the installation of equipment necessary for a master antenna system, Community Antenna
Television (C.A.T.V.), mobile radio systems, or other similar systems on any Open Space
Areas or Private Open Space Areas within Woodlake.
10. No dumping of trash, garbage, sewage, sawdust, or any
unsightly or offensive material shall be placed upon any Open Space Area or Private Open
Space Area, except as is temporary and incidental to the bona fide improvement of the area
in a manner consistent with its classification as an Open Space Area or Private Open Space
Area.
11. The granting of the easement in Open Space Areas and
Private Open Space Areas in this Part III in no way grants to the public or to the owners
of any land outside the Properties in Woodlake the right to enter any Open Space Area or
Private Open Space Area without the prior written permission of the Company.
12. The Company expressly reserves unto itself, its successors
and assigns, and its agent, every reasonable use and enjoyment of said Open Space Areas
and Private Open Space Areas, in a manner not inconsistent with the provisions of this
Declaration.
13. The Company reserves unto itself, its successors and
assigns, and its agent, a perpetual, alienable, and releasable easement of right to go on,
over, and under any Open Space Areas 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 any other hydrocarbons located under the
Properties. This easement and right 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 or its agent 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.
14. The Company reserves unto itself, its successors and
assigns, and its agent, a perpetual, alienable, and releasable easement of right to go on,
over, and under any Open Space Areas and Private Open Space Areas to construct and
maintain a bike trail network. These reservations and rights expressly include the right
to cut any tree, bushes, or shrubbery, rights to make any gradings of the soil, or take
any other similar action reasonable necessary to provide an economical and functional
internal transportation network, and to maintain reasonable standards of safety and
appearance. Such rights may be exercised by any licensee or assignee of the Company, but
this reservation shall not create any obligation on the part of the Company to provide or
maintain any such bike trail network.
15. The Company reserves unto itself, its successors and
assigns, the right to convey "Open Space Areas" and "Private Open Space
Areas" to the Association. Such conveyance shall be made subject to the provisions of
this Part III, all other restrictions and limitations of record, and any other
restrictions or limitations which the Company, in its sole and uncontrolled discretion,
shall elect to impose. As an appurtenance to such conveyances, the Association shall have
all of the powers, immunities, and privileges reserved unto the Company in this Part III
as well as all of the Company's obligations with respect thereto, including the obligation
to maintain and enhance set out in paragraph 1 of this Part III; provided, however, that
so long as the Company, its successors and assigns, is the Owner of Property subject to
the provisions of this Declaration, the Company and its agent, in addition to and jointly
with the Association, shall retain all rights of easement reserved unto it in this Part
III and shall, furthermore, retain all rights of entry granted in this Part III for the
purposes of correcting, repairing, enhancing, improving, cleaning, preserving, clearing
out, removing, or taking any action to prevent a violation of these Covenants, and the
retention of said rights of easement and entry by the Company shall in no way create any
obligation on the part of the Company to perform any affirmative action. Property conveyed
to the Association pursuant to the authority of this paragraph 15 shall become
"Common Properties" or "Restricted Common Properties" as prescribed by
the "Declaration of Covenants and Restrictions of the Woodlake Community Association
and Investors Woodlake Development Corporation, A Virginia Corporation," which are to
be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia,
contemporaneously herewith.
16. It is expressly understood and agreed that the granting of
the easements set out in this Part III in no way places a burden of affirmative action on
the Company, that the Company is not bound to make any of the improvements noted herein,
or extend to any Property Owner any service of any kind, except as such may be undertaken
at the expense of the Association. |