Dated March 27, 1969
Recorded April 4, 1969
Deed Book 3154
Page 735
All of the lots in this Subdivision shall be subject to the following protective covenants which shall run with the land for a period of thirty (30) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10) 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 part. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate said covenants to either restrain such violation or to recover damages therefore. Invalidation of any of these covenants by judgment or court order shall in no wise effect any other provisions, which shall remain in full force and effect.
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Buildings. No lot or part of said subdivision 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 three stories in height and a private garage for not more than two cars. No residential structure shall contain less than 1300 square feet of finished floor area, exclusive of garage and utility and storage spaces. Recreation rooms, if finished, shall not count for more than 400 square feet of finished floor area. Provided, however, a one-story dwelling need not contain more than 1200 square feet of such finished floor area.
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Architectural Control Committee. 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 of external design with existing structures, and location with respect to topography and finished grade elevation. The Committee’s approval or disapproval as required in these covenants shall be in writing. Mail applications to the Architectural Control Committee, Stoneybrooke Citizens Association, “Stone “Mansion,” 3900 Stoneybrooke Drive, Alexandria, 22306. In the event the Committee fails to approve or disapprove within thirty 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 completion thereof, approval will not be required and the relative covenants shall be deemed to have been fully complied with.
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Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
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Temporary Structures, Outbuildings. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other out-building shall be used on any lot at any time as a residence, either temporarily or permanently.
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Location of Poles and Racks. No poles, racks, frames, or lines used for drying clothes, rugs or cloth shall be erected or installed on the premises in front of or at the side of any house or any of the said lots. All such poles, frames, racks or lines shall be erected or installed, if at all, in the rear or back yards. No poles or antennas used in connection with amateur radio transmission or reception shall be maintained on any lot unless first approved by the Architectural Committee under Paragraph 2 hereof.
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Autos, Boats, etc. No autos, boats, airplanes or any device whatsoever shall be constructed or repaired in front or side yards or driveways, or in such other areas of the premises so as to be visible from a street. All commercial autos, trucks, trailers, boats, airplanes or other similar devices owned or being used by the owners or occupants of said property shall be housed and not allowed to be parked in front or side yards or driveways or in other areas unless they are entirely hidden from view from the front street; provided, however, this restriction shall not apply to vehicles and mechanical apparatus used in conjunction with building operations.
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Signs. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot; one sign of not more than five square feet advertising the property for sale or rent; or signs used by a builder to advertise the property during construction and sales period. Easements are hereby reserved for such signs as may be placed on any of said lots advertising sales or directions by Stoneybrooke Associates Limited Partnership, its successors and assigns, provided, however, that such easement shall be null and void five years from date hereof.
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Animals. No animals, livestock or poultry of any kind shall be raised, or kept on any lot except that dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose.
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Rubbish. 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 and shall not be visible from the street.
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Corner Lots. No fence shall be erected on any corner lot without first obtaining the approval of the Architectural Control Committee. An in no event shall any fence, wall, hedge or shrub planting which obstructs sight lines at elevation between 2 and 6 feet above the roadways be placed or permitted to remain on any corner lot within the triangular area 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 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 the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
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Fences. 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 shall be determined by extending to each side line of said lot a line parallel to and contiguous with the rear outline of said residential structure. Fences shall not exceed 4 feet in height and that portion of any fence which faces a street or avenue shall be constructed entirely of wood or masonry and shall be of at least 40% open design unless otherwise first approved by the Architectural Control Committee under Paragraph 2 hereof.
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Exterior Colors. There shall be no change made in the exterior colors of any dwelling on any lot for a period of five years from the date hereof.
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Utility Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved over the rear five feet of each lot.
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Amendments. At any time after six (6) years from the date hereof, the then owners of two-thirds of the lots in said Subdivision may alter, amend or revoke any of these covenants by instrument in writing recorded among the land records of Fairfax County, Virginia.
- Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.