Rose Hill Farm
Fairfax County, Virginia
All of the lots of this subdivision shall be subject to the following protective covenants which shall run with the land for a period of 25 years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument, signed by a majority of the then owners of the lots, has been recorded agreeing to change said covenants in whole or in part. Enforcement shall be by proceedings at law or in quity against any person or persons violating or attempting to violate said covenants to either restrain such violation or to recover damages therefor. Invalidation of any one of these covenants by judgment or court order shall be no wise affect any other provisions which shall remain in full force and effect.
1. No lot or part of said premises shall be used except for residential purposes. 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 one-half stories in height and a private garage for not more than two cars.
2. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony or external design with existing structure, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set-back line unless similarly approved. The Architectural Control Committee is composed of Herbert S. Colton, 1625 K Street, N.W, Washington, D.C., Gasper F. Morell and Frank Morell, both of Rose Hill Farm, Franconia Route 6, Alexandria, Virginia. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of its powers and duties. The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the relative covenants shall be deemed to have been fully complied with. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 750 square feet for a one-story dwelling, nor less than 450 square feet for a dwelling of more than one-story.
3. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 25 feet to the front lot line or nearer than 25 feet to any side street line. No building shall be located nearer than 5 feet to an interior lot line. No dwelling shall be located on any interior lot nearer than 25 feet to the near lot line. For the purpose of this covenant eaves, steps, carports and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
4. No dwelling shall be erected or placed on any lot having a width of less than 55 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area less than 5,500 square feet.
5. No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanently.
7. No poles, racks, frames or lines used for drying clothing, rugs or cloth shall be erected or installed on the premises in front of, or on the side of, any house on any of the said lots. All such poles, racks, frames or lines shall be erected or installed, if at all, in the rear or back yards.
8. No sign of any kind shall be displayed to the public view on any lot except on a professional sign of not more than one square foot, one sign of not more than 5 square feet advertising the property for sale or rent, or signs, used by a building to advertise the property during the construction and sales period.
9. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
10. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
11. No fence, walls, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
12. No fence or enclosure shall be built upon or around any lot nearer to the street or avenue upon which the lot fronts than the rear line of the residential structure situated on the said lot, which rear line is determined by extending to each side line of said lot a line parallel to and contiguous with the rear outline of said residential structure. Such a fence or enclosure must be a neat wire or paling fence not over three feet in height. No solid board fence shall be erected on any portion of any lot.
13. No building shall be placed nor shall any material or refuse be placed or stored on any lot within 20 feet of the property line of any park or edge of any open water course, except that clean fill may be placed nearer, provided that the natural water course is not altered or blocked by such fill.
14. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear 5 feet of each lot.
Rose Hill Park
Fairfax County, Virginia
Restrictive covenants contained in deed dated March 16, 1961 and recorded April 14, 1961 in Deed Book 1993 at Page 278, among the land records of Fairfax County, Virginia, as follows:
1. That no trailer may be placed on any lot, and no trailer, basement, tent, shack, garage, barn or other outbuilding erected or placed on any lot shall at any time be used as a residence temporarily or permanently, or shall any structure of a temporary character be used as a residence.
2. That no trade, business, manufacture or nuisance of any kind or character shall be maintained or permitted upon said premises.
3. No lot in this subdivision shall be used for the conduct of any business, and no livestock, including horses, cattle and hogs, shall be kept on the property, and the breeding of cats or dogs or birds for commercial purposes is prohibited; and no fowls, such as chickens and pigeons, shall be kept on the property.
4. No fence may be erected in front of any inside or corner house in this subdivision, other than a hedge that shall not exceed four feet in height. It is understood, in cases of corner lots, side fences may not extend closer to a public street than forty (40) feet and may not, in any case, extend beyond the projected front line of the house. For inside lots, the front of the house is defined to be the area between the front line of the house extended and the front property line.
5. The party of the first part reserves to itself, its successors or assigns, until such time as the streets are taken into the State Highways system for maintenance, upon application by the party of the first part, its successors or assigns, the right to close streets for the purposes of construction on adjoining property, installation of utilities, storm and sanitary sewers, or maintenance or improvement of said streets.
6. A non-exclusive easement 5 feet in width over and under and along the rear and side lot lines of each lot in the subdivision is hereby reserved for the installation, maintenance and repair of sanitary sewers, storm sewers, surface drainage and public utilities, together with rights of ingress and egress thereto.
7. These covenants are to run with the land and shall be binding upon all the parties and all persons claiming under then until January 1, 1986, at which time the said covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of the owners of the lots within this subdivision it is agreed to change the said covenants in whole or in part.
8. If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision to prosecute any proceedings, at law or in equity, against the person or persons violating or attempting to violate said covenants, and either to prevent his to them from so doing or to recover damages or other dues for such violation.
9. Invalidation of one or more of these covenants or failure to enforce the same shall in no wise affect the enforceability of any other covenant or provision herein contained.
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