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. |