Lake Barcroft Restrictive Covenants
Your commitment to your community:
There are legally restrictive covenants applicable to all lots in Lake Barcroft.
The purpose of these restrictions is to preserve the natural assets and enhance the aesthetic and economic value of the community by controlling the use of the lots.
The rules are binding on all lot owners and are enforced by Lake Barcroft Association, Inc.
The following restrictive covenants appear in the deed for each Lake Barcroft property:
1. The land hereby conveyed shall be used only for the purposes of a private, single family residence and appropriate uses accessory thereto. No building shall be erected thereon excepted a single family, private dwelling house and garage appurtenant thereto, and no such garage may be erected except simultaneously with or subsequent to erection of the residence. No building, fence, or other structure shall be erected or altered unless the plans, specifications, including color scheme, and plot plan therefor, are submitted to and formally approved in writing by the Grantor, its successors or assigns, and copy such plans, specifications, and plot plan so approved shall be permanently filed with the grantor, its successors or assigns, before any work is begun. No outside toilet facilities shall be constructed or maintained on any lot. No sign of any description may be erected or placed on any portion of the land without the express written approval of Grantor, its successors or assigns. No tent, trailer, or out building shall ever be erected or maintained on the tract, and no garage or basement shall at any time be used as a temporary or permanent residence.
2. No business or occupation of any kind, (other than home practice of physician who has applied for and obtained written approval from Grantor, which permission shall be revocable at the pleasure of the Grantor, Grantor's successors or assigns) may at any time be carried on or permitted upon the said land, except in those areas which may be designated for such purposes on the subdivision Plat referred to herein, filed among the Land Records of Fairfax County.
3. No animals, except household pets, shall be kept or maintained on any part of said property. The term "household pets," as herein used shall include only dogs, cats, and caged birds kept within the residence. No pigeons or other fowl and no kenneled or caged animals of any kind shall be permitted.
4. The Grantor reserves to itself, its successors, licensees, and assigns, an easement or right-of-way over a strip of ground 10 feet in width along the side outlines and 20 feet in width along the rear outlines of the lot or lots hereby conveyed, for the purposes of installation or maintenance of public utilities, including but not limited to gas, water, electricity, telephone, and sewerage and any appurtenance to the supply lines therefore, including guy wires, transformers, meters, etc., by overhead transmission lines or underground installation, including the right to remove and/or trim trees, shrubs, or plants, or if any utility is now installed or exists it shall be subject to easement as existing. This reservation is for purpose of providing for the practical installation of such utilities as and when any public authority or utility company may serve said lots. The Grantor reserves to itself, its successors and assigns, the roads and ways shown on the Plat referred to herein and reserves the right, without compensation to the Grantee or anyone claiming through or under them, at any time, to dedicate all roads or ways laid out or shown upon Plat referred to herein public use and/or to convey the same to the State or County or any agency or instrumentality thereof.
5. All of the residential lots shown upon the sub-division Plat hereinbefore referred to, shall be subject to an annual charge of Sixty Dollars ($60.00) per lot, payable on the first day of January of each year hereafter which shall be paid to Grantor, which shall be collection agent for a maintenance corporation to be designated by Grantor, which maintenance corporation shall be the owner of said charge, for the use and maintenance of the beaches of Lake Barcroft which privileges for use are not assignable except by written approval of the Grantor, or its successors, or assigns. It is expressly agreed that said charge shall constitute a lien or encumbrance on the land with respect to which said charge is made, and by virtue of title to any of the land included in said tract, the owner or owners from the time of acquiring title thereto, shall be held to have covenanted and agreed to pay Grantors, its or their successors or assigns, aforesaid all charges provided for in this paragraph. This annual charge of $60.00 shall be subject and inferior to any Deed of Trust hereafter recorded securing a first lien on said property.
The maintenance corporation to be designated by the Grantor shall maintain the beaches in its own discretion, or as it shall by contract with the Grantor herein. Grantee shall have no rights, to dictate or require maintenance of such beaches or have any rights herein other than the reasonable use thereof in accordance with the rules and regulations of such maintenance corporation. Grantee, Grantee's heirs and assigns, covenant to use said beaches only in accordance with the rules and regulations which may from time to time be promulgated with reference thereto, and vests Grantor or the maintenance corporation to be designated by Grantor, its or their successors or assigns, with the power to deprive any persons, including Grantee, members of Grantee's family, Grantee's heirs and assigns, of the use of such beaches, temporarily or permanently, for infraction of such rules and regulations, without impairing the aforesaid obligation to pay such charges, or the lien therefor.
6. If this lot or lots of ground borders on Lake Barcroft the lot or lots of ground conveyed shall be only such lands as are included within the description by metes and bounds as shown on the plan heretofore referred to as described by lot number to be limited by the lot or lots as shown on the plan heretofore referred and shall not include the land and bed of the lake or any part thereof or the waters above such land and bed.
7. Failure to enforce any restriction, condition, covenant or agreement herein contained, shall in no event be deemed a waiver of a right to do so thereafter, as to the same breach or as to one occurring prior or subsequent thereto.