| PART IV
ADDITIONAL RESTRICTIONS AFFECTING
ALL WATERFRONT AREAS
1. In order to preserve the natural appearance and scenic
beauty of Woodlake and Swift Creek Reservoir, and to provide a "cover" for
animals which habitually move along the lake edges, there is hereby established a
construction and clearing restricted zone on all Properties fronting on Swift Creek
Reservoir. That portion of any Property located within eighty (80) feet of the one hundred
seventy-eight (178) feet elevation contour around the reservoir shall be preserved
substantially in its present natural state except for clearing for view and breeze
approved by the Company pursuant to the provisions of paragraph 1 of Part II.
Notwithstanding the foregoing, the Company hereby reserves the right to exempt Properties
from said construction and clearing restrictions in those cases where it, in its
uncontrolled discretion, determines that such exemption will not materially lessen the
natural appearance and scenic beauty of Woodlake, or is necessary to protect the shoreline
from erosion or the Swift Creek Reservoir from pollution.
2. (a.) A revocable easement in a Waterfront Mooring Area is
hereby granted to the Owner or tenant of each residential Property designated as a
Waterfront Mooring Property on a plat recorded in the Office of the Clerk of the Circuit
Court of Chesterfield County, Virginia, which easement shall entitle such Property Owner
or tenant to utilize said Waterfront Mooring Area for the mooring, beaching, or cradle
storage of one boat owned by said Property Owner or tenant, subject to the rules and
regulations established by the Company and the Uniform Rues and Regulations established by
Brandermill. A Waterfront Mooring Area shall be defined as that portion of the Open Space
Area or Private Open Space Area immediately contiguous and adjacent to the waterfront
property line of such Waterfront Mooring Property, and bounded on each side by a line
running from the end of said property line to the one hundred seventy-seven (177) feet
elevation contour around the Swift Creek Reservoir and perpendicular to said contour, and
extending out into the waters of the Reservoir a distance deemed sufficient, in the sole
and uncontrolled discretion of the Company, or for the proper mooring of a boat.
Notwithstanding anything in the foregoing to the contrary, the
Company reserves the right to temporarily or permanently revoke any easement in a
Waterfront Mooring Area granted to any owner or tenant of a Waterfront Mooring Property if
the Company determines, in its sole and uncontrolled discretion, that (i) any Property
Owner, tenant, or guest has violated any of the provisions of this Declaration in his use
of an easement area, or (ii) that authorized uses of an easement area may adversely affect
the vegetation along the shores of the Swift Creek Reservoir, causing shoreline
degradation and erosion which could create a threat to the long-term water quality of the
Reservoir.
(b) The easement granted in paragraph 2 (a) shall be and is
hereby limited to the following uses:
(i) A boat may be moored in the waters of the Reservoir at a location approved by the
Company and by a mooring device approved by the Company; or:
(ii) A boat may be beached, pulled up on the shores of the Reservoir, or pulled back into
the easement area adjacent to the Reservoir and, furthermore, may be secured to a tree by
a rope or chain; or
(iii) A boat may be stored on a cradle on the easement area adjacent to the Reservoir,
provided that, pursuant to the provisions of paragraph 1 of Part I, plans for such
cradle delineating the size, design, specifications, color, and location must be approved
by the Company prior to construction;
(iv)
These authorized uses may be further limited and restricted should the Company determine,
in its sole and uncontrolled discretion, that such uses may adversely affect the
vegetation along the shores of the Reservoir, causing shoreline degradation and erosion
which could create a threat to the long-term water quality of the Reservoir.
(c) No dock, deck, boardwalk, picnic table, picnic chair, boat
trailer, vehicle, storage shed, or other similar out building or structure shall be placed
on the easement area at any time, either temporarily or permanently, by the Property Owner
or tenant entitled to the use thereof.
(d) No clearing, cutting, grading, or any other alteration of
the topographic and vegetation characteristics of the easement area may be performed by
the Property Owner or tenant entitled to the use thereof without the prior written
approval of the Company, pursuant to the provisions of paragraph 1 of Part II.
(e) All expenses incurred in the construction, maintenance, or
protection of a mooring, a cradle, or a boat, or in the clearing of the easement area
shall be paid by the Property Owner or tenant entitled to the easement over such area.
(f) It shall be the responsibility of any Property Owner or
tenant entitled to the use of an easement area to prevent the development of any unclean,
unsightly, unkempt, unhealthy, or unsafe conditions on the easement area. All expenses
incurred by the Company or its agents to correct the development of such conditions on an
easement area shall be paid by the Property Owner entitled to the easement over such area.
(g) All expenses incurred by the Company or its agents in the
construction and maintenance of erosion control devices or the performance of any grading
or landscaping work to correct any shoreline degradation of an easement area shall be paid
by the Property Owner entitled to the easement over such area. |