Westmoreland Owners Association

 

R E S T R I C T I O N S

WESTMORELAND

JAMES CITY COUNTY, VIRGINIA

THIS DECLARATION of CONDITIONS, COVENANTS AND RESTRICTIONS, as set out herein shall be covenants running with the land applicable and binding upon the present and future owners of all of the number lots of and shown on the Plat entitled, "SUBDIVISION PLAT OF WESTMORELAND, SECTION 3, OWNER/DEVELOPER: CHARTER, L.L.C., POWHATAN DISTRICT, JAMES CITY COUNTY, VIRGINIA", dated JUNE 21, 2001,  made by AES Consulting Engineers, (Exhibit "A") and recorded contemporaneously with this instrument, for a period as described herein by reference to the previous covenants, conditions, and restrictions recited herein from this day forth or as renewed:

WHEREAS, the Declarant is the owner of that certain real property as described at exhibit "A", which is attached hereto and incorporated herein by reference; and

WHEREAS, the Declarant intends that said described property shall become subject to those certain covenants, conditions and restrictions as and made by the declarant, and set out herein;

NOW THEREFORE, the Declarant hereby declares that all of the property described herein, together with such additions as hereafter may be made thereto, shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, conditions, easements, charges and liens as set forth in the declarations set out herein:

1. DEFINITIONS:

1.1. "Association" shall mean and refer to Westmoreland Owners Association, its successors and/or assigns (hereinafter referred to as WOA).

1.2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, in fee simple of any Lot which is part of the Properties including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

1.3. "Properties" shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

1.4. "Common area" shall mean all real property owned by the Association for the common use and enjoyment of the owners, including, but not limited to property described as "conservation area", "recreation area", "green area", or other such descriptive nomenclature.

1.5. "Lot" shall mean and refer to any numbered plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common area.

1.6. "Declarant" shall mean and refer to CHARTER, L.L.C., a Virginia Limited Liability Company, its successors and/or assigns, if such successor and/or assign shall acquire more than one undeveloped Lot from the Declarant for the purpose of development.

1.7.  "Building" shall be any structure, including carports, pools, decks, fences or outbuildings, and additions, alterations or repairs to existing structures within the properties described herein and any additional parcels of real estate later incorporated within the properties.

1.8. "Approvals" either made by the Westmoreland Architectural Committee or WOA, as defined within the body of this document, or any successor organizations shall be invalid unless made in writing.


2.  THE LAND AND ARCHITECTURAL REVIEW COMMITTEE.

The natural beauty of the land shall be protected to the greatest extent possible.

2.1. The natural grade of the land shall not be altered without prior approval of the Westmoreland Architectural Committee (hereinafter referred to as WAC).

2.2. The WAC will consist initially of three (3) members appointed by the Declarant.  They shall until changed by the Declarant be the Managers of the Declarant Limited Liability Company.  They shall function to make all decisions regarding interpretation of these declarations as they relate to utilization of the properties and other architectural matters as defined herein. The WAC is authorized to charge a reasonable "plan review fee" in order that proper interpretation of architectural matters continue throughout the development period.  All other matters of interpretation of these covenants shall be vested with the herein described WOA.  Upon the completion of all development in this and any subsequent phases of development by said Declarant, or any of its successors in interest, the WAC shall be dissolved upon action of the Declarant or its successors in interest or its function may be at the option of the Declarant, transferred to duly authorized representatives of an association formed by a majority of the land owners in the development area.  Completion of development shall mean for the purposes of these restrictions that all lots in this development, including any later phases thereof have been sold and a residence has been built thereon or at such time as the Declarant or its successors in interest have determined that it shall no longer be in the best interest of the Declarant to continue to maintain the existence of the WAC.

2.3. No trees in excess of six inches in diameter at a point two feet above ground level shall be removed without prior approval of the WAC.

2.4. Areas left in their natural wooded state shall be cleared of fallen trees and branches and of excess underbrush and so maintained.

2.5. Areas converted to lawns and other landscaped areas shall be maintained in a neat and attractive state.


3.  LAND USE

3.1. All the numbered lots shall be used exclusively for residential purposes.

3.2. No businesses shall be conducted from those residences or on these lots wherein any evidence of said businesses is visible from without the residence.  This includes signs, marked vehicles, equipment and materials.  Neither may any home business generate a stream of traffic to constitute a nuisance to the neighbors.

3.3.   No stables of any kind shall be maintained on the premises and no fowl, animals, livestock, or poultry of any kind may be kept on any lot except dogs, cats, or other household pets provided they are not kept, bred, or maintained for any commercial purpose.  No family shall have more than a total of five dogs and cats.  No reptiles may be kept except those of household pets, provided they may safely live and be fully contained in a ten gallon aquarium.  Animals must be properly managed so as not to be a nuisance to neighbors by barking or trespass.

3.4. No lot shall be used or maintained as a dumping ground for rubbish or other material prior to construction.  During construction the area will be kept in a reasonably neat and clean condition by the builder although some debris must be expected.  After occupancy the property shall be kept in a good state of maintenance by the owner.  Trash, garbage, and other waste shall not be kept except in sanitary containers which shall be enclosed in a screening structure or shall be installed underground.  Incinerators will not be permitted and all trash and refuse must be picked up and hauled away.

3.5. a.  Easements shown on the plan for streets, drainage, utilities, screening, beautification, conservation or recreation are for the benefit of the residents of Westmoreland Subdivision and may be changed only by the Declarant for so long as Declarant is the owner of any real estate within the Subdivision, including any additional sections thereof or by County of James City.  The Declarant reserves the right to require additional easements not to exceed ten feet in width along any property line if drainage problems occur at a later date and require such easements.

      b.  In those areas marked as a conservation easement on the real estate described at Exhibit "A", there shall be permitted no construction of any residence of any kind.  The construction of out-buildings, walkways, pools, terracing or landscaping shall be permitted only with prior approval in writing upon application to the WAC.

3.6.  A perpetual easement and right of way is hereby reserved upon, over and along the streets, roads, lanes, avenues and driveways shown on the plat herein before referred to, including any sidewalks, for the purposes of the construction of the underground wires, and conduits and the necessary and proper attachments in connection therewith for the transmission of electricity and for telephone lines, to erect, put down and maintain sewers, gas, water, electrical wires, conduits, pipes, wires and fixtures, and right to use the said streets, roads, lanes, avenues and driveways, and the right to lease, assign or grant the rights hereby reserved to any person, firm or corporation at such time and upon such terms as it may decide upon, and as well for any and all public utility purposes and services of whatever character.


4. RESIDENCES.

4.1. All construction plans for any building (which is defined to include additions to existing structures, including, but not limited to carports, fences, outbuildings, and pools), including architecture, site work, grading, driveway and parking areas, color and materials, type, style, color, and manufacturers specifications of exterior facing materials, and other pertinent details shall be submitted to the WAC for review and approval prior to commencement of construction.  The WAC must also approve add-on construction such as decks, fences, outbuildings, etc.  All exterior materials must be approved by the Committee. Plywood siding shall not be permitted. Vinyl siding is allowed, but only a style, type, color, and brand name approved by the WAC.  Reference is made to paragraph 4.6. below for additional requirements concerning garages  and outbuildings.  If no action is taken by the WAC within thirty (30) days after receipt of all required material, approval shall not be required and this paragraph shall be deemed fully satisfied.

4.2. While the emphasis in Westmoreland will be on design and construction excellence, rather than on size, the following minimum sizes are recommended for the buildings:


For buildings with a two or more car attached garage:  One story buildings shall have a minimum of 1,750 square feet of living space, one and one half story buildings a minimum of 1,800 square feet of living space, with not less than 1,400 square feet on the first floor and not less than 400 square feet on the second floor and two story buildings shall have a minimum of 1,800 square feet of living space with a minimum of 900 square feet on each floor. 

For buildings without an attached garage:  One story buildings shall have a minimum of 2,050 square feet of living space, one and one half story buildings a minimum of 2,100 square feet of living space, with not less than 1,500 square feet on the first floor and not less than 600 square feet on the second floor and two story buildings shall have a minimum of 2,100 square feet of living space with a minimum of 1050 square feet on each floor.

Living space shall be heated areas exclusive of basements, porches, decks, breezeways, and garages.  Any variances of these minimum size requirements must be approved in writing by the WAC.


4.3. Once construction is begun, except in rare circumstances beyond an Owner's control, construction of any home or other structure shall be completed within twelve (12) months.  All buildings must have a crawl space on a masonry foundation with brick veneer as exterior facing material unless an alternative facing material such as stucco is approved by the WAC.  Slab type houses will not be permitted unless required by exigencies of topography and drainage and then only if approved by WAC in advance of construction.  Porches and entrances to all houses must be of brick masonry, with exception of a rear deck.

4.4. A variety of architectural styles are desired in Westmoreland.  Single story, two story and split level are all permissible.  Where the land elevation and topography supports the use of basements, these are also permitted after review and approval by the WAC.  Period designs must strive for authenticity and the final decision of such designs will be upon the approval of the WAC.  Contemporary designs must be found to blend with the elevation and topography of the land the final decision of any contemporary design shall be made by the WAC.  The blending of contrasting architectures shall be facilitated by the use of "earth tone" colors and materials.  Bright and strident colors will be discouraged and the final decision as to the utilization of any such color schemes will be made by the WAC.

4.5. Closely similar designs must be sufficiently separated so as to not call attention to the similarity.   No more than two (2) homes utilizing vinyl siding as the sole facing material on the front elevation may be placed on consecutive adjacent lots in the subdivision. Any variance of the facing material consecutive adjacent lot requirement must be approved in writing by the WAC.  Brick veneer as an exterior facing material is encouraged, and consecutive adjacent lots shall use different color shades of brick.  The WAC shall have final authority as to determining the proximity of closely similar designs.

4.6. Garages are not required, however if built unattached, approval of WAC is required; a carport can be erected on a lot if attached to residence but cannot extend beyond front line of house.  Side or rear entry is preferred, but not required.  Detached buildings such as garages shall conform to the construction, color and materials of the primary structure.  Small outbuildings such as storage sheds shall have similar materials, color and will require an "A" shaped roof with a minimum of 5/12" pitch.  All such buildings must have approval of the WAC and shall be inside the "setback" requirements of the James City County zoning ordinance and shall have a minimum square footage of not less than 120 square feet in area.

4.7. Each dwelling which may be erected on any lot in the subdivision shall have its heat supply furnished from a central heating plant located in the dwelling or if outside then shielded from view of other residences.

4.8. The following additional restrictions will be observed in the intent of preserving the architectural integrity of the buildings:

a. No external antennas or satellite dishes of any description may be placed on the subject's property, although may be utilized if hidden from view from the street and adjoining residences and after obtaining approval first from the WAC.

b. No window air conditioners.

c. No clothes lines unless small and well screened and approved by WAC.

d. No fences higher than six (6) feet in height shall be erected on any lot, except that this restriction shall not apply to any fence built to enclose a patio immediately adjacent to any dwelling, nor to any fence built by the Declarant or its assigns, for the purpose of aural and/or visual barriers.  No fences higher than four (4) feet in height shall be erected nearer to the street than the front of the residence and no fencing shall be erected prior to obtaining the approval of WAC.

e. Chain link, wire, or other utility type fences will not be approved, except as set out in paragraph G, below.

f. Plywood fences are unacceptable.

g. No chain link fence except around dog runs, limited to 120 square feet of run area.

h. No solar or energy panels to be visible from the street or to any other residence.

i. No structure of a temporary character, trailer, tent, shack, shed or other outbuilding shall be built or used on any lot as a residence, or for storage.

j. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than six (6) square feet advertising the property for sale or rent, or signs used by the builder to advertise the property during the construction and sales period.

k. All driveways, any extension, or addition thereto, including any parking lot or parking pad shall extend to the street and shall be constructed of exposed aggregate, black asphalt, brick, or interlock paving blocks.

l. No exposed bright metal is permitted (flashing, screens, windows), with the exception of copper roofing or flashing.

m. All exposed chimney structures must have brick veneer foundation up to the elevation of house siding.  Chimneys will be of brick except for special architectural reasons and then only if approved by the WAC.

n. Contractors must place at the designated street entry to the lot, a sufficient amount of gravel on a firm, well drained sub-grade, to prevent mud and other debris from being tracked onto the street.

o. Construction vehicles shall not be parked in any area other than on the building site or on the roadway bordering the site.  Vehicles will not be permitted to obstruct the traffic flow on any Westmoreland street.

p. Except for the use of temporary construction sheds or portable lavatories during the period of actual construction or improvements on a lot, no shed, shack, trailer, tent or other temporary or movable building or structure of any kind shall be erected on or permitted to remain on any residential lot.  This restriction shall not apply to a sales and information office and a construction storage trailer which may be erected by Declarant or its authorized and designated agent on any lot in the subdivision so long as any of the lots remain unsold.  The subdivider or designated agent also reserves their right to move the sales and information office and a construction storage trailer from lot to lot as the subdivision progresses and agrees to remove this office when all of the lots in the subdivision have been sold.

q. Roofing materials exposed to view or on slopes shall be of a permanent quality, such as wood shingles or shakes, slate, cement-asbestos, fiber glass, asphalt shingles of approved color and grade, or other suitable roof material.  Architectural type metal roofs are permitted but only with prior approval of WAC.

r. Metal roofs shall be painted or detailed as approved by the WAC.

s. All plumbing vents, fans and other necessary roof equipment must be on the rear slope of the roof or otherwise screened from view from the street.

t. Free-standing brick walls should reflect the detailing, color and character of the main house upon the property upon which they are erected.

u. Concrete block walls are unacceptable as a design element at Westmoreland.  They will not generally be approved, unless they are totally confined to areas that are not readily visible.  Requests for approval must be presented to WAC prior to construction.

v. Flood lighting and security lighting shall be permitted, but shall not be directed so as to illuminate the interior of adjacent dwellings or structures not owned by the lot owner.


5. VEHICLES

Since the unregulated use of vehicles can destroy the appearance of a neighborhood the following restrictions will apply.

5.1. Overnight parking in the street will not be permitted except on an emergency basis.

5.2. No more than four un-garaged vehicles will be permitted to be consistently parked on the premises, and these must be in the driveway or on a parking apron off the driveway.  These vehicles will be restricted to licensed, operable (defined as vehicles, which are duly registered authorized for operation upon the highways of the Commonwealth of Virginia) automobiles, mini-vans and pickup trucks, including jeeps, not to exceed 3/4 ton in capacity.

5.3 Pickup trucks and jeeps over 3/4 ton capacity, recreational vehicles, travel trailers, personal watercraft, and boats on trailers must be garaged.  Recreational vehicles, travel trailers, and other vehicles too large to garage and large vans may be stored behind the house on a parking apron with suitable screening to minimize unsightliness and with a total of one per family.  The parking and screening must be approved by the WAC.  Trailers, buses and trucks over 3/4 ton capacity are not permitted.

5.4. No major vehicle maintenance or overhaul of un-garaged vehicles is permitted.


6.  COMMON AREAS

6.1. Common areas of the Subdivision are defined as those areas of land which may be now or hereafter conveyed to an association of landowners in the subdivision to be known as the WESTMORELAND OWNERS ASSOCIATION (WOA).

6.2. The WOA will consist of all of the owners of each of the lots in the properties.  The board of directors of the association shall initially be made up of three (3) members appointed by the Declarant.  They shall until changed by the Declarant be the Managers of the Declarant Limited Liability Company.  They shall function to make all decisions regarding interpretation of these declarations not otherwise delegated to the WAC.  The authority granted to the Declarant herein shall upon completion of the subdivision, including any later phases thereof, shall be transferred to duly authorized representatives of WOA elected in accordance with its Articles of Incorporation and the by-laws of such organization.

6.3. The WOA, subject to other rights of owners set forth in this Declaration, shall be responsible for the management and control of these Common Areas and all improvements thereon, including furnishings and equipment related thereto, and shall keep the same in good, clean, attractive and sanitary condition order and repair.

6.4. Subject to the provisions regarding maintenance fees, limitation and exclusion included herein, every land owner shall have a right of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with title to every lot, and every member as determined by the WOA shall have a right of enjoyment in the Common Area.

6.5. The Owners' and Members' easements of enjoyment created hereby shall be subject to the following:

a)  the right of the WOA to establish reasonable rules and to charge reasonable admission and other fees for the use of the Common Area by Owners of Properties and guests of Owners and Members.

b)  the right of the WOA to suspend the right of an Owner to use any portion of its facilities for any period during which any assessment against his lot or lots remain unpaid for more than thirty (30) days after notice; the right of the WOA to suspend the right of a Member or Owner to use any portions of its facilities for a period not to exceed sixty (60) days for any other infraction of this declaration or rules, by-laws, or regulations of the WOA, which remain uncorrected after given notice for such correction by the WOA, the Declarant or the duly authorized representatives or agents thereof.  Such notice of infraction shall include a statement of said infraction complained of and the manner of its correction.

c) the right of the WOA to mortgage any or all of the facilities constructed on the Common Area for the purposes of improvements or repair to WOA land or facilities.

d) the right of the WOA to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purpose and subject to such conditions as may be desired by the WOA.

6.6. Any member of the WOA may delegate his right of enjoyment to the Common Area and facilities to the members of his family and to his guests subject to such general rules, regulations, by-laws and directives, which may be established by the WOA.

6.7. In the event any Common Area is damaged or destroyed by an owner, his tenants, or any of their guests, licensees, agents or members of their families, the owner does hereby authorize the WOA, or, should such not then be established, the Declarant, to repair such damaged area.  The repairs shall be made in a good workman-like manner in conformance with original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Declarant or the WOA.  The costs of such repairs shall become an assessment upon the Lot of such Owner and shall be payable to the WOA, the Declarant, or their successors in interest.

6.8. The Declarant may retain the legal title to the Common Areas or any portion thereof until such time as it has completed improvements thereon, but notwithstanding any provision herein, the Declarant hereby covenants that it shall convey the Common Area to the WOA, free and clear of all liens and financial encumbrances, not later than two years from the date such Common Area or portion thereof is subjected to this Declaration, or within the period of two years from organization of the WOA, whichever date shall be later, except that prior to such conveyance at the option of the Declarant and upon notice in writing to the WOA, the WOA shall become liable for payment of taxes, insurance and maintenance costs with respect to such Common Areas.


7. COVENANT FOR MAINTENANCE ASSESSMENTS

The Declarant hereby covenants, and each Owner of any lot by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the WOA the following: (1) annual general assessments or charges, (2) special assessments for capital improvements, (3) annual or special parcel assessments or charges, such assessments to be established and collected as hereinafter provided or as set out by resolution adopted by the WOA.  All such assessments together with interest thereon and costs of collection thereof including reasonable attorneys fees associated with the collection of such assessments, shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made from the time of each such assessment.  Each such assessment, together with interest thereon at the highest lawful rate and costs of collection thereof including attorneys fees charged in collecting such assessment, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment became due.  No owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot(s).

7.1. A pre-closing assessment shall be levied by the WOA or should it not yet be organized by the Developer, acting as agent for such association.  This assessment shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Subdivision and its future phases, to enhance the environment, and in particular for the improvement, maintenance and operation of the Common Areas and facilities as may from time to time be designated as future common areas.

7.2. The basis for the initial pre-closing assessment shall be One Hundred Twenty Dollars ($120.00), which shall be payable by purchaser to the WOA or the Developer at such time as the lot is sold to purchaser.  A pre-closing assessment shall likewise be paid by the purchaser of each lot in the subdivision and any future phases thereof at the time of any re-sale closing by any seller other than the Developer to the WOA or the Developer, acting as agent for the WOA.  The amount of the pre-closing assessment may be changed by the Developer or the WOA by amendment to these Covenants.

7.3. Notwithstanding any of the foregoing to the contrary, there shall be no assessment against any Lot until it has been sold by the Declarant.

7.4. Special Assessments for Capital Improvements.  In addition to any pre-closing or annual general assessments authorized herein in paragraph 7, supra, the WOA may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of construction or reconstruction, unexpected repair or replacement of any capital improvement in the Common Areas of the subdivision; provided that any such special assessment shall receive the assent, in person, or by proxy, of two-thirds (2/3) of each Class of members, at a meeting duly called for such purpose.

7.5. Notice of a meeting for any action authorized under any paragraph or sub-paragraph of Section 7, shall be in writing and shall be sent to all members not less than thirty (30), nor more than sixty (60) days in advance of such meeting.

7.6. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis as determined by the board of directors of the WOA.

7.8. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the initial conveyance of the Lot to an Owner or upon the first day of the month set by the Board of Directors of the WOA upon the enactment of such an assessment.  The Board of Directors shall fix the amount of the Annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period, and written notice thereof shall be sent to every Owner at the address listed for each owner with the tax assessment office of the County, wherein the Lot is located.  The due date shall be established by the Board of Directors.  The WOA shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the WOA setting forth whether the assessments on a specified Lot have been paid.

7.9. Any assessment not paid within thirty (30) days after the due date shall obligate the lot owner for a late fee of ten percent (10%) of the amount of any unpaid assessment or Twenty-five dollars ($25.00) which ever amount shall be greater, and shall bear interest from the 31st day after the due date at the highest rate of judgement interest permitted by law, plus court costs and the reasonable attorneys fees associated with the cost of collection of said unpaid assessment.  The WOA may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property.

7.10. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.  Sale or transfer of any lot in the subdivision covered by this declaration shall not affect the assessment lien.  However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.  No sale or transfer shall relieve such lot from liability for any assessment thereafter becoming due or from the lien thereof.

7.11. Annual general maintenance assessments have not been enacted by the Association at the time of this declaration .  As these assessments may change from time to time, they need not be recorded amendments to these restrictions.  All homeowners in Westmoreland Subdivision are on notice by this record to contact the Westmoreland Homeowners Association for the current annual assessment.  Prior to closing on any lot in this subdivision purchasers should contact the association or its representative in order to determine the status of payment of assessments for the lot which they are purchasing and if delinquency exists, such delinquency will pass with the conveyance of the lot in question to the new owner, if not paid at the closing of their purchase.


8.  ADDITIONAL MATTERS

These covenants and restrictions are to run with the land and shall be binding on all parties owning lots in this tract and all persons claiming under them until twenty (20) years from the date of this instrument, at which time said covenants are to be renewed for ten(10) year periods unless the majority of lot owners at that time agree to change the covenants in whole or in part.

8.1. All covenants, conditions, agreements and restrictions herein shall inure to the benefit of and be enforceable by the owner of any lot shown on said plat, their respective heirs, successors and assigns, and failure by any land owner to enforce any restriction shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto.

8.2. In the event one or more of these covenants, conditions, agreements, provisions and restrictions shall have been adjudicated invalid and unenforceable by a court of competent jurisdiction, then and in that event all other covenants, conditions, agreements, provisions, and restrictions herein contained shall not be adversely affected and shall remain in full force and effect.

8.3. The Declarant hereby expressly reserves the right at any time to annul, waive, change or modify any of the restrictions, conditions, covenants, agreements or provisions contained herein for so long as it shall be the owner of twenty percent (20%) of the lots shown upon such plat of subdivision including those lots in any future or additional parcels of adjacent property to be developed by Declarant, and thereafter with the Declarant, with sufficient of the owners to constitute with the Declarant twenty percent (20%) of the lots in said development may likewise annul, waive, change or modify any of the restrictions, covenants, or provisions contained herein.  The Declarant also reserves unto itself to the right to convey these rights to any of its successors in interest in the development of these parcels.


IN WITNESS WHEREOF the said DECLARANT has caused these restrictions to be executed in it's name, with the following seals hereunto affixed, on the         day of                              , 2002.


Charter L. L. C., a Virginia Limited Liability Company

By                                                             (SEAL)

   Robert S. Hornsby, Authorized Member


COMMONWEALTH OF VIRGINIA-At Large

In the County of James City, to wit:

I,                                    , a Notary Public in and for the County and State aforesaid, whose commission expires on the         day of                              , 20        , do hereby certify that ROBERT S. HORNSBY,  Authorized Member of CHARTER, L. L. C., a Virginia Limited Liability Company, owner of Westmoreland, whose name is signed to the foregoing writing, bearing date on the       day of                 , 2002, has acknowledged the same before me in my jurisdiction aforesaid.

Given under by hand this                  day of                                , 2002.      


Notary Public                                                                       





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