This is a copy of the Covenants
and Restrictions that are part of the Deed of each lot in Hunters Creek. They
were originally made part of the Deed of Dedication and Subdivision, made
August 29, 1973 and shall run with the land and be binding thereto. Therefore,
they are incorporated into the Deed of each Hunters Creek and Windyn property.
1.
No portion of a lot created by this instrument shall be used for any
professional, industrial, mining or commercial activities except as can be and
are in fact conducted from a single family residence as provided in Section
28-3-1, Article II, Chapter 28, Code of the Town of Herndon,
Virginia.
2.
No clothing, laundry or wash shall be aired or dried on any portion of
the lots in any area other than in the rear yards of the lots.
3.
No tree, hedge or shrub planting shall be maintained in such a manner as
to obstruct sight lines for vehicular traffic.
4.
No noxious or offensive activity shall be carried on upon any portion of
the residential property, nor shall anything be done thereon or permitted to
remain on any lot which may be or become a nuisance or annoyance to the
neighborhood.
5.
No sign of any kind that is illuminated and/or larger than 2 square feet
shall be displayed to the public view of any lot, except for temporary real
estate signs no more than four square feet in an area advertising the property
for sale or rent and except for temporary signs erected in connection with the
development, construction, lease or sale of improved lots.
6.
No horse, pony, cow, chicken, pig, hog, sheep, goat or other domestic or
wild animal shall be kept or maintained on any lot other than common household
pets, provided that they are not kept, bred or maintained for commercial
purposes.
7.
Trash and garbage containers shall not be permitted to remain in public
view except on days of trash collection. No accumulation or storage of litter,
new or used building materials or trash of any kind shall be permitted on any
lot.
8.
No person shall paint the exterior of any building a color different than
the original color of said building without the proposed color having been
approved by the Board of Directors of the Association, or by the Architectural
Control Committee[1]
appointed by the Board.
9.
No structure or addition to a structure shall be erected, placed or
altered on any lot until the specifications, including elevation, material,
color and texture and a site plan showing location of improvement with grading
modifications shall be approved in writing by the Board of Directors of the
Association or an Architectural Control Committee appointed by the Board.
Structure shall be defined to include any building or portion thereof, fence,
pavement, driveway or appurtenances to any of the aforementioned.
10.
No junk vehicle or house trailer shall be kept on any lot. No storage or
boats, boating equipment, travel trailers or camping equipment shall be visible
from the street. The location and design of enclosures for boating, camping,
traveling (other than automobiles) and related equipment shall be approved by
the Architectural Control Committee, as required under Paragraph 9 therein.
11.
The Association, or any Owner, shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of
this Deed of Dedication and Subdivision. Failure by the Association or by an
Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
12.
Invalidation of any one of these covenants or restrictions by judgement
or court order shall in no way affect any other provisions which shall remain in
full force and effect.
13.
The covenants and restrictions of this Deed of Dedication and Subdivision
shall run with and bind the land, and shall inure to the benefit of and be
enforceable by the Association or the Owner of any lot subject to this Deed of
Dedication and Subdivision, their respective legal representatives, heirs,
successors and assigns, for a term of twenty (20) years from the date of this
Deed of Dedication and Subdivision is recorded, after which time said covenants
shall be automatically extended for successive periods of ten (10) years. The
covenants and restrictions of this Deed of Dedication and Subdivision may be
amended during the first twenty (20) years by an instrument signed by not less
than ninety percent (90%) of the Lot Owners, and thereafter by an instrument
signed by no less than seventy-five percent (75%) of the Lot Owners,
provided that in either case the amendment shall also be approved by the Town
Manager of the Town of Herndon, Virginia. Any amendment must be properly
executed.
Return to Top
|
