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RESTRICTIONS AND CONDITIONS 

QUEENSMILL (NORTH- QMN B)

 

1. No lot 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 stories in height (and-A, B, C1, C3, D, F, G, H, J) (,-K, L) a private garage for not more than two automobiles (.-A, B, C1, C3, D, F, G, H, J, QMN B) (, and a garden tool house.-K, L) (A-A, B, C1, C3, D, F ,G, H, J, QMN B) (The garage and –K, L) (the-L) garden tool house (may-A, B, C1, C3, D, F, G, H, J, QMN B) (shall-K, L) be constructed using materials and color schemes that are in conformity with the residence and (the tool house shall be-K) a minimum size of 10’ x 12’. Plans and specifications as to construction and location are to be approved as provided in paragraph 2.

 

2. No building (or mailbox-K, L) shall be erected placed or altered on any lot (, or in the case of mailboxes, adjacent to any lot,-K, L) 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 hereinafter 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 (.-A, B, C1, C3, D, F ,G, K, L, QMN B) (, all for aesthetic purposes only.-H, J)

 

3. The architectural committee, herein called ‘committee’, shall be composed of Richard L. Jeffress, E. L. Harrington, B. L. Savage (, Grey Michael-J, K, L), [Charles Shiflett (and-A) (,-B, C1, C3, D, F, G, H)] Jeffrey Clay Timmons (and Robert C. Cornell-B, C1, C3, D, F ,G, H, J, K, L) ( B. L. Savage, Jr., D. C. Bradbury, D. J. Balzar, Jr., J. R. Rutledge, and B. L. Bishop-QMN B), any (two-A, B, C1, C3, D, F ,G, H, J, K, L) (three- QMN B) of whom may act as the committee without holding a meeting of the full committee or giving notice to the other member and may from time to time delegate to a representative any and all powers of the committee other than the power to appoint new members. Upon death or resignation of a member, the Board of Directors of Queensmill (North- QMN B) Corporation, or the members of its last Board of Directors in the event of dissolution by a majority vote may appoint his successor, and such successor shall thereupon succeed to all or his powers and duties. Any member of the committee may resign by written notice to the other members. (Queensmill Corporation shall have the right to assign the rights and duties reserved by it in these restrictive covenants to any persons and organizations who shall then have all of the rights and duties reserved to Queensmill Corporation.-H, J, K, L)

 

4. 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 as disapproved. The location plans must show front and side yard setbacks. (The construction of buildings shall

be in accord with the approved plans only.-K, L)

 

5. No dwelling or garage as specified in Paragraph l above shall be erected on any lot by any builder or contractor, whether the lot be owned by the contractor or someone else, unless the contractor shall have theretofore received the written approval of the committee and such approval shall not have been theretofore withdrawn. Any contractor shall before commencing the erection of any building in this subdivision obtain the written approval of the committee and shall to that end furnish to it such statements, information and references as it may request. Any approval so given may be withdrawn at any time by the committee by written notice received by the contractor, but such withdrawal shall not prevent the contractor's completing the erection of any building commenced before his receipt of such notice (.-A, B, C1, C3, D, F, G, H, J, QMN B) (in accord with the previously approved plans and specifications.- K, L)

 

 

[6. No plans for a primary dwelling to be constructed in section (A, B, C1, D) of Queensmill shall be submitted for such approval unless the living area of such dwelling, exclusive of one story open porches, attics, and garages shall be at least (1600-A, C1) (1400-D) square feet for one story residences, and (2,000-A, C1) (1800-D) square feet for two story residences; provided, however that this provision may be waived in writing by Queensmill Corporation (such waiver to be binding on the committee) as long as Queensmill Corporation retains an ownership interest in any portion of section (A, C1, D) of Queensmill. Plans for compatible tri-level, story and one-half and split foyer homes shall be considered on an individual basis.- A, B, C1, D only, dropped on sections C3, F, G, H, J, K L,, QMN B and following paragraphs renumbered as shown]

 

6. Only one residence shall be erected or placed on a single lot, and no lot after its original conveyance to an individual homeowner who resides on the lot, shall be subdivided into smaller lots or parcels without the permission of the architectural committee. 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.

 

7. No structure of a temporary character, trailer, basement, tent, shack, garage or other outbuilding 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 public authority to the owner or contractor for the construction of the residence.

 

8. No campers, house trailers or boats shall be parked between a residence and the street line, and whenever practical shall not be located other than to the rear of the residence. (No skateboard platforms or large dish television antennae or television or radio towers shall be placed on any lot.-K. L)

 

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

 

10. 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 therein if they are not kept, bred or maintained for any commercial purposes.

 

11. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. No rubbish, trash, garbage and other waste shall be kept on any lot except in sanitary containers and all equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

 

12. 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.

 

13. (No skate board structures or s-H, J) (S- A, B, C1, C3, D, F ,G, K, L, QMN B)wimming pools of the portable type which can be dismantled and moved and which have walls or sides of more than 24 inches in height shall (not- A, B, C1, C3, D, F ,G, K, L, QMN B) be installed or used on any lot. Any pools permitted cannot be located other than to the rear of the residence.

 

(14. No television satellite dish-type antennae or radio tower antennae shall be constructed or installed on a lot in this subdivision.-H, J and subsequent restrictions renumbered up to 19)

 

14. (15- D, H, J) No fence shall be erected on any portion of any lot except in accordance with plans and specifications for construction thereof approved in writing by Queensmill (North- QMN B) Corporation its successors and assigns and filed in its office, provided, however, that Queensmill (North- QMN B) Corporation agrees to be reasonable in considering requests for construction of fences and hereby sets forth the general standards to be used in considering requests thereof:

 

    A. No fence shall be permitted between a residence and street line.

 

    B. No fence or hedge shall be generally permitted higher than 42 inches, except that approval may be granted by Queensmill (North- QMN B) Corporation, its successors and assigns for a higher fence or hedge in special circumstances.

 

(The file copy of section F is missing the remainder of the restrictions.)

 

15. (16- D, H, J) Each of the covenants Nos. (1, -A, B, C1, C3, D, F, G, H, J, QMN B) 2, 3, 4, (and-K, L) 5, (and-H, J) (6-A, B, C1, C3, D, G, H, J, QMN B), (7-A, B, C1, D) (12- C3, G, QMN B), 13, 14 (,15-A, B, C1, D), ( and 16- C3, G, QMN B) (and 17-A, B, C1, D) may be modified, changed, revoked, added to, deleted or otherwise altered in whole or in part at any time and from time to time by an instrument in writing executed by Queensmill (North- QMN B) Corporation or its assignee of such right, provided that such instrument shall be recorded in the appropriate Clerk’s Office.

 

16. (17- D, H, J) The covenants and conditions herein contained shall run with the land and shall be binding upon the subsequent owner or owners of all or any lot and each and every portion of the land shown on the plat and all parties claiming through or under each such owner or owners for a period of 30 years from the date of the recordation hereof.

 

(The file copy of section QMN B is missing the remainder of the restrictions.)

 

 [(18.-D, H, J) (17.- C3, G) Note that the restrictions herein above set forth shall not apply to, nor restrict, the construction and operation or recreational facilities for the use of Queensmill Recreation Association, said recreational facilities of Queensmill Recreation Association being for the benefit of the residents of Queensmill Subdivision and subject to the approval of the County of Chesterfield.- C3, D, H, J, G]

 

[(19.-H, J) (18.-G) Queensmill Corporation shall have the express right and privilege to enforce any of the above-mentioned Restrictions and Conditions as long as Queensmill Corporation is developing and selling lots in this subdivision or in any parcel of land identified as a subdivision or section of Queensmill.-G, H, J, K, L)

                                                

                                              Queensmill Civic Association   Midlothian, Virginia 23114