Index › Declaration — Articles X–XI: Easements & Condemnation Proceeds
Declaration — Articles X–XI: Easements & Condemnation Proceeds · pp. 59–61
Article XI — Assignment of Condemnation Proceeds p.60
Article XI — Assignment of Condemnation Proceeds p.61
p.59

PROVIDED, no such easement shall make any Lot unbuildable or unusable by interfering with its proposed or then existing drainfield, house siting, or then existing structures.

Section 3.   Easements along Streets.

The Declarant further reserves unto itself a non-exclusive easement on a strip of land fifteen (15) feet wide running adjacent to and parallel with all streets and roads over all Lots which have road frontage for the purposes of maintaining, landscaping, mowing, erecting and maintaining street intersection signs, directional signs, temporary promotional signs, and other sales or promotional features.

Section 4.   Entrance Feature.

The Declarant further reserves unto itself an easement over, across and on Lots 1 and 26 shown as "SIGN ESMT" on the recorded plat of the Properties for temporary and/or permanent entrance features to the community, including but not limited to, brick or masonry walls and signs and for temporary promotional signs for this development and other developments of Declarant. In the event either permanent entry feature encroaches upon either Lot 1 or 26 after its construction, then a permanent easement shall be deemed to exist to the extent of such encroachment. Upon completion of the permanent entrance features, the Association shall be responsible for their maintenance, upkeep and repair.

Section 5.   Easements to NOVEC.

Raymond C. Hawkins Construction Co., Inc., hereby reserves the right to grant a non-exclusive access and/or emergency easement to Northern Virginia Electric Cooperative (hereinafter "NOVEC") across Common Driveways 1, 2 and 3 as defined in Section 2(A) of Article VII and further as shown on the recorded plat of the Properties. The rights reserved herein, if granted to NOVEC, shall be for ingress-egress for the purpose of replacement, maintenance, emergency repair and upkeep of NOVEC's 115 kv transmission line located adjacent to the Properties and also on Lot 9 or as agreed to by Hawkins Construction and NOVEC.

p.60

Section 6.   CD Nos. 1, 2 and 3.

The Declarant further reserves unto itself a non-exclusive easement over Common Driveways 1, 2 and 3 as defined in Section 2(A) of Article VII for the purpose of ingress and egress to and from the adjacent lands of the Declarant until such time as such lands are subdivided and provided with public access, provided, however, the exercise of such easement shall not interfere with the use and enjoyment of such Common Driveways by the Users of such Common Driveways.

Section 7.   Exercise of Reservations.

The easements reserved by the Declarant in Sections 1 through 6 of this Article X may be exercised by the Declarant, its successors and assigns, and may be granted by the Declarant to any other person or entity, including without limitation, any governmental body, authority or utility company.

Section 8.   Termination.

The easements reserved by the Declarant in Sections 1, 2, 3 and 4 of this Article X shall terminate upon the conveyance by Declarant of all of the Lots in Section 1 of the Properties; provided, however, Declarant's rights in Section 4 shall terminate only upon the completion of the permanent entrance features contemplated therein and the Association's assumption of responsibility therefor.

Article XI — Assignment of Condemnation Proceeds

Section 1.   Pending Litigation.

The Declarant hereby assigns to the Association, to the extent permitted by law, any and all condemnation award(s) paid or to be paid to the Declarant or the Association which are directly attributable to or in connection with the condemnation of any portion of the Common Area or any improvements thereon or any of the easements created hereby. Such assignment shall be effective upon completion of the condemnation proceedings and receipt of such condemnation award.

Section 2.   Assignment of Proceeds.

In the event of condemnation of all or any portion of the Common Area, or any of the easements created hereby, the Declarant, on behalf of the Association, shall have the right to negotiate, settle and compromise any such condemnation claim and/or to contest such taking, and any and all condemnation awards received shall be held by the Association and used to repair, restore or replace the condemned property, to the extent practicable, or if not practicable, as determined by the Board of Directors.

Section 3.   Power of Attorney to Hawkins Construction.

Each Owner by acceptance of his deed to a Lot within the Properties, does hereby constitute and appoint Raymond C. Hawkins Construction Co., Inc., his

p.61

Section 6.   CD Nos. 1, 2 and 3.

With respect to private, non-exclusive CD Nos. 1, 2 and 3, Raymond C. Hawkins Construction Co., Inc., hereby reserves unto itself the right to grant at any time to the other adjacent property owners or itself the right to use the appropriate CD No. 1, 2 or 3 for ingress-egress and utility service purposes. Any party granted such rights by Hawkins Construction shall be deemed a User of such Common Driveway and be subject to the applicable provisions of Article VII — Common Driveway with respect to such Common Driveway.

Section 7.   Exercise of Reservations.

The reservation of easements contained in this Article may be exercised by the Declarant at any time on a Lot or Common Area without the joinder of any Owner or the Association, regardless of whether title to said realty is still vested in Declarant.

Section 8.   Termination.

The reserved easements established under the first three sections of this Article shall expire and terminate automatically ten (10) years from the date hereof.

Article XI — Assignment of Condemnation Proceeds

Section 1.   Pending Litigation.

There is currently pending in the Circuit Court of Prince William County, Virginia, a case styled Northern Virginia Electric Cooperative v. Raymond C. Hawkins Construction Co., Inc., et al., At Law No. 26706 filed May 20, 1991. The purpose of this suit is to determine the amount of monetary damages due Raymond C. Hawkins Construction Co., Inc., ("Hawkins Construction" hereinafter) as a result of the exercise of the right of eminent domain by NOVEC against the Properties and other land owned by Hawkins Construction. Hawkins Construction is the only party entitled to any part of said condemnation proceeds.

Section 2.   Assignment of Proceeds.

The Association and each Lot Owner hereby covenant, set over, and assign unto Hawkins Construction any and all awards, payments and monetary damages awarded as a result of said condemnation proceeding. Neither the Association nor any Lot Owner shall incur any cost or expense by reason of this assignment.