| Article VIII — Lake Facilities ★ | p.55 |
| Article IX — Owner's Use and Enjoyment | p.58 |
| Article X — Easements ★ | p.58 |
Article VIII — Lake Facilities
Section 1. Use and Enjoyment.
The use and enjoyment of Lake Facilities No. 1 shall be limited to Owners of Lake One Lots, and the use and enjoyment of Lake Facilities No. 2 shall be limited to Owners of Lake Two Lots. Only the Owners of Lake One Lots and Lake Two Lots shall be allowed to utilize the corresponding Lake Facilities No. 1 or Lake Facilities No. 2, respectively, for non-motorized boating and recreational purposes. However, members of the Association shall only be allowed to fish from or walk along the shoreline of Parcel B and Parcel C. Each Owner, unless such Owner is a Lake One Lot or Lake Two Lot Owner, shall not have access to and from said lake facilities other than at Parcel B or Parcel C.
Section 2. Encroachments.
In the event either Lake Facilities No. 1 or Lake Facilities No. 2, when completed, encroach upon any adjoining land beyond the storm drainage easement(s) shown on the recorded plat of the Properties, then a valid, permanent easement shall exist for the encroachment(s) and for maintenance and repair of the same.
Section 3. Shoreline Maintenance.
The Association and each Owner of a Lake One Lot or Lake Two Lot shall be responsible for maintaining their respective lake shorelines free and clear of all litter, debris and detritus, and employing sound soil conservation and erosion measures to limit and minimize run-off and siltation in the said lake facilities.
Section 4. Docks and Piers.
An Owner of a Lake One Lot or Lake Two Lot shall be entitled, upon obtaining appropriate governmental permits, to build, maintain and repair a pier or dock on such Owner's Lot. Such dock or pier shall be used only to moor non-motorized boats, such as canoes, rowboats and sailboats, and for other recreational purposes, such as swimming or fishing.
Section 5. Wildlife Preserve.
Within Parcel C in Lake Facilities No. 2, there is a small island which is hereby declared a Wildlife Preserve. The Wildlife Preserve is primarily a resting and nesting place for ducks, geese and other animals. The Wildlife Preserve shall remain undisturbed in its natural state. No Owner or member of the Association shall enter upon the Wildlife Preserve for any purpose whatsoever. If necessary, the Association may enter upon the Wildlife Preserve for its protection and preservation.
Section 6. Maintenance and Repair.
The Lake One Lots and Lake Two Lots (collectively "Lake Lots" hereinafter) shall have the following rights, duties and obligations with respect to Lake Facilities No. 1 and Lake Facilities No. 2 (collectively "Lake Facilities" hereinafter):
(i) the right to impound and regulate flow and use of all surface waters on the Properties, and to establish and maintain the water level and flow of the lake, dam, spillway, and related Lake Facilities;
(ii) the right to enter upon the land in the area designated for the Lake Facilities a) to clear, grade, cut, fill and flood such land for the Lake Facilities, b) to build, construct, maintain, repair, and dredge the Lake Facilities, and c) to place, store and keep equipment, machinery, materials and supplies for the construction, repair or improvement of the Lake Facilities, as well as on adjoining land during periods of actual construction;
(iii) the right of ingress to and egress from the Lake Facilities for trucks and other vehicular traffic, over the abutting Lake Lots, provided, however, any areas disturbed by
such traffic shall be restored to their prior state, and further, provided, such ingress and egress shall not be over, across, or through any improvements and structures erected on such Lake Lots or any septic or drainfields on such Lake Lots; and,
(iv) the right to stock, replenish or control fish, algae or other aquatic life in the Lake Facilities.
Section 7. Individual Obligation to Repair Damage.
In the event that a Lake Facility is damaged or destroyed through the act of a Lake Lot Owner, an Owner or any of his agents or guests, invitees, licensees or members of his family (whether or not such act is negligent or otherwise culpable), it shall be the obligation of such Lake Lot Owner or Owner to rebuild and repair that Lake Facility without cost to the other Lake Lot Owners or Owners.
Section 8. Financial Obligation of Lake Lots.
Except as provided in Section 7 above, it shall be the obligation of Lake One Lots and Lake Two Lots to share on a pro rata basis (as hereinafter set forth) in the maintenance, repair, upkeep, improvement and replacement of each's Lake Facilities (including repair or deterioration from ordinary wear and tear and lapse of time). All decisions regarding expenditures for the Lake Facilities may be made by a majority of the votes of the affected Lake Lots at a meeting called by the Association at the request of a Lake Lot Owner or by the Association.
Section 9. Pro Rata Contribution for Lake One Lots.
With respect to any voting upon, sharing in or paying any expenditure, cost or expense related to Lake Facilities No. 1 by Lake One Lots, the percentages allocated to each party in interest shall be:
Lot 1 — 40%
Lot 2 — 40%
Parcel B — 20%
Section 10. Pro Rata Contribution for Lake Two Lots.
With respect to any voting upon, sharing in or paying any expenditure, cost or expense related to Lake Facilities No. 2 by Lake Two Lots, the percentage allocated to each party in interest shall be:
Lot 18 — 40%
Lot 19 — 10%
Unsubdivided Land — 30%
Parcel C — 20%
Upon the recordation of the subdivision plat for SHELTER LAKES, Section 2, the resulting lot or lot(s) shall accede to the 30% share in the proportion determined by Declarant. Until such time as such lot or lot(s) exist, Raymond C. Hawkins Construction Co., Inc., shall be responsible for the entire 30% share.
Section 11. Lien for Expenditures.
The voted upon expenditure(s), together with late charges (including reasonable attorney's fees), interest thereon and costs of collection, shall be a charge on such Lake Lot or Lake Lots and shall be a continuing lien upon the Lake Lot or Lake Lots against which each such expenditure is made. Each such expenditure, including the charges set forth herein, shall be the personal obligation of the person(s) or entity who were the Owners of such Lake Lot or Lake Lots at the time when the expenditure became due and payable.
Section 12. Responsibility Limited.
Notwithstanding the provisions hereof being applicable to both Lake Facilities, no Lake Lot Owner shall have any financial responsibility or liability with respect to the other Lake Facilities, except to the extent such Owner is also a member of the Association which has financial obligations as to both Lake Facilities.
Article IX — Owner's Use and Enjoyment
The Declarant hereby establishes and creates the following rights, obligations, and easements for the Owners:
(i) Each Owner shall have the right and privilege to use the Trail Facilities for ingress and egress to and from the Common Area, for pedestrian hiking, jogging and other non-motorized recreational uses;
(ii) each Owner may use the Trail Facilities and Common Area for recreational and other purposes, subject to the terms of this Declaration and the regulations which may from time to time be established by the Declarant or the Association;
(iii) no automobiles, all terrain vehicles, motorcycles, mopeds, dune buggies, trail bikes or motor vehicles of any kind shall be permitted on the Trail Facilities or Common Area, except to and from those areas where parking has been specifically provided for and except for grass cutting machines and vehicles used by the Association for maintenance, repair, landscaping and improvements or as authorized by the Declarant or Association; and,
(iv) the use of the Lake Facilities, Trail Facilities and Common Area by an Owner, his assignees, tenants, family, invitees, guests or other parties shall be at the sole risk of such person, persons or entities. Neither the Declarant, Association nor any Owner shall be liable to any such person or entity for any damage, injury or loss sustained by reason of the use of the aforesaid amenities.
Article X — Easements
Section 1. Utilities.
The Declarant reserves unto itself the right to grant easements, such as telephone, electric, gas, and cable television, for utility service purposes on a strip of land, within each Lot or Common Area, fifteen (15) feet wide running adjacent to and parallel with all property lines of each Lot or Common Area or as determined necessary during the initial installation of the trunk service line(s) to any public or private utility company, provided such utility easements shall be for underground service lines only.
Section 2. Storm Drainage.
The Declarant further reserves unto itself the right to grant to the Board of Supervisors of Prince William County, Virginia, or other governmental body or agency thereof, such sanitary, storm sewer, storm drainage and water line easements as may be required or requested by such governmental body or agency thereof on any Lot or Common Area,
