COVENANT OF RESTRICTIONS AND CONDITIONS
MILL STATION
SPENCER DISTRICT, POWHATAN COUNTY, VA
NOW THEREFORE, Declarant hereby declares that all of said lots are held and shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following Restrictions, all of which are declared and agreed to be in furtherance of a plan for the improvement and sale of said lots and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the property described in the aforesaid plat. All of the Restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in and to the real property or any part or parts thereof subject to such restrictions:
I. No lot shall be used except for residential purposes. No building shall be erected, altered, or placed, or permitted to remain on any lot other than a detached single family dwelling. A garden-tool house (barn) may be constructed also if the plans as to construction and location are approved as provided in paragraph two (II).
II. No building shall be erected, placed or altered on any lot until the construction plans and specifications thereof and a plan showing the location thereof on the respective lot shall have been approved by the architectural committee hereafter established as to the quality and type of materials, harmony of external design with existing structures, and the location with respect to topography and finish grade elevation.
III. The Architectural Committee, herein called the “Committee,” shall be composed of James Blandford, Charles Shiflett III or assigns.
IV. The Committee’s approval as required above shall be in writing and in the absence of such written approval, construction plans, specifications, and location plans shall be considered disapproved.
V. All structures erected for residential purposes on any lot shall meet the following requirements:
A. The ground floor area of the main structure exclusive of open porches and breeze ways shall not be less than 2000 square feet for one story buildings. When the garage is part of the main structure, the finished floor area must not be less that 1900 square feet.
B. The main structure exclusive of open porches, breeze-ways and garages shall not be less than 2000 square feet for a dwelling of more than one story above ground level ( a tri-level structure shall not be construed as being a dwelling of more than one story).
C. The main structure exclusive of open porches and breeze-ways shall not be less than 2000 square feet for a structure of tri-level design. When the garage is part of the main structure, the finished floor area must not be less than 1900 square feet.
D. Not withstanding the above square foot requirements, the Architectural Committee shall have full power and authority to reject building plans where square footage requirements have been met, and where the Committee feels the intended structure is incompatible with other structures in Mill Station.
E. The exterior of the house plans approved by the Architectural Committee must be
completed before occupancy unless relief is granted by the Committee.
F. All exterior wood steps must have closed risers except where located in the rear yard.
G. Service areas which incorporate heating and air conditioning equipment and trash cans must be properly screened.
H. All houses must incorporate balanced foundation landscaping that “connects” the house to it’s natural setting.
I. Garage doors are not to be visible from the main street facing the home.
J. Houses must be designed and located so as to minimize exposed foundations. Exposed foundations must be brick or other decorative finish as approved by the Committee. Stone may be used as an accent.
K. Approval of building plans by the Architectural Committee is effective for one year from date of approval. Extension of approval can be obtained by request to the Committee.
VI. Only one residence shall be erected or placed on a single lot, and no lot shall be subdivided into smaller lots or parcels. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. T.V. Antenna ( satellite dishes, etc.) must be erected as to conform with the surroundings.
VII. No swimming pool of the portable type which has walls or sides of more than 24 inches in height shall be installed or used on the property.
VIII. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently, and to this end any residence to be constructed on any lot in this subdivision shall be completed within one year from the time the first building permit shall have been issued by the appropriate building authority to the owner or contractor for the construction of the residence.
XI. Each and every covenant and condition herein imposed may be enforced by the undersigned or by the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and to recover damages therefore.
