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DECLARATIONS OF RESTRICTIONS AFFECTING PROPERTY
Shown on the Plat of
SUBDIVISION OF PEMBROKE MEADOWS
(Dated August 10, 1967; Recorded August 16, 1967 in Deed Book 1019, Page 156)
 
The undersigned owners of all the property shown on the plat survey entitled "Subdivision of Pembroke Meadows, Section One, Bayside Borough, Virginia Beach, Virginia", dated June 16, 1967, and made by Frank D. Tarrall, Jr. and Associates, Surveyors and Engineers, Virginia Beach, Virginia, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 73, at Page 5, do hereby declare and give notice that all numbered lots, but specifically excluding all parcels, numbered or lettered, shown on said plat of subdivision are made subject to the following conditions, restrictions, reservations and easements:

1. No lot shall be used except for residential purposes; provided, however, that same may be used for sales offices and storage purposes by the developers during the course of development and sales of these and surrounding lots. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one half stories in height, and a private garage for not more than three cars, and necessary out buildings used in connection with the residence. Any lot may be used for purposes incident to water and sewer supply, collection, distribution and like purposes upon written approval of the undersigned.

2. No building shall be located on any lot nearer than thirty feet to the front lot line, or nearer than ten feet to any side street line; or nearer than six feet to an interior lot line, nor shall any dwelling, other than an apartment above or within a garage, be located nearer than ten feet to a rear lot line. A building may be erected on any comer lot in such a manner as to face either of the streets on which a corner lot abuts, or the intersection of said streets, in which latter event no portion of the building shall be erected on any corner lot nearer than ten feet to either street line. For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of the building, provided, however, that these shall not be construed to permit any portion of a building on one lot to encroach upon another lot. Construction of any building nearer to a lot line than the footage specified herein shall not be construed as a violation of this restriction unless the variation be to a substantial degree. For the purpose of this covenant, as to corner lots, the front line shall be deemed that line toward which the dwelling constructed thereon shall face. In the case of unusually shaped lots compliance with this covenant is required only to the extent reasonably permitted by the shape of the lot.

3. Easements for installation and maintenance of utilities and drainage facilities are reserved by the developers, as shown on the recorded plat and over the rear ten feet of each lot; and over an area of five feet in width along the side line of each lot.

4. The developers reserve the right to lay and operate gas, water and sewer mains, and to construct and operate telephone and electric light lines, in, on, over and under all streets and roadways shown on the recorded plat aforesaid, and to put the same to such other reasonable uses as may serve the comfort and convenience of the purchases and owners of said lots or of other property of developers.

5. All sewage emanating from any residence shall be disposed of by some system conforming to the law.

6. No noxious or offensive activity of any character shall be carried on upon any of said lots, nor shall anything be done thereon which may reasonably be considered a nuisance.

7. No lot in this subdivision shall be subdivided so as to make more than one building lot of the same, but portions of a lot may be sold to the Restriction Number Two; nothing herein contained as a dwelling, temporarily or permanently, except that living quarters for domestic servants may be moored, temporarily or permanently, to any cove or other waterway shown on said plat.

8. No animals, fowl, or swine, shall be permitted upon any lot in the subdivision, save and except those animals, but not fowl or swine, customary as household pets.

9. No fences shall be allowed in front of the front foundation line of any house, and those fences allowed shall not be more than five feet in height.

10. No business shall be allowed upon the said numbered lots, but the developers reserve the right to permit the conduct of the professional business of a doctor, dentist, lawyer, architect or engineer upon one or more such lots in a building constructed thereon as a dwelling house.

11. Anything herein to the contrary notwithstanding, churches, are permitted where plans are submitted to and approved by the developers.

12. The ground floor area of the main structure of any dwelling, exclusive of one story open porches and garages, to be erected on any lot shall not be less than 800 square feet for a one story dwelling nor less than 700 square feet for a dwelling of more than one story.

13. Before construction of any dwelling (including remodeling thereof or additions thereto) be commenced, of the plans thereof must be approved in writing by the undersigned developers or their agent designated by them in writing, and no changes may be made in the approved plans without written consent of the developers or their agent. Where more than one dwelling is to be constructed according to the same, or substantially the same plans, the undersigned plans with house type specified on each lot, and no construction shall be commenced without the written approval of the said developers or their said agent. The purpose of this paragraph is to insure a desirable degree of variety in the dwellings constructed.

14. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction or sales period.

15. The developer shall have the exclusive right but shall not be required to enforce said restrictions, conditions, rules and regulations, but failure of the developers to enforce same is not to be construed as a waiver of its right to do so. The developers reserve the right to assign rights of enforcement hereunder, in whole or in part to any or all of the purchasers of lots in this subdivision or to a civic or community organization created within the lots of the subdivision.

16. The undersigned reserve all riparian rights appurtenant to all property shown on said plat, including the right to approve the construction and modification of any pier, wharf or jetty; and also the right to dredge the water courses shown on said plat and deposit the material so dredged on so such of any lot bordering the same, as lies between the line bordering the watercourses and the toe of the slope.

17. The undersigned shall have the right to amend, modify or supplement these restrictions, conditions, rules and regulations to better carry out the intent thereof or to alleviate undue hardships.

The said covenants, easements, rights of way and restrictions shall run with the land and shall be binding on all parties claiming title to the numbered lots shown on the recorded plats aforesaid, or any parts thereof, until January 1, 1992, and thereafter until and unless by the vote of the then owners of a majority of the said numbered lots shown on the plat aforesaid, same are rescinded or changed in whole or in part.

Invalidation of any of these covenants or restrictions by judgment or other Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect.

 
Note: Please be aware that the Civic League is a volunteer group of residents who want to maintain Pembroke Meadows and Shores as a desirable place to live. We do not, however, have the authority to enforce these restrictions.


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