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The measure of success is not whether you have a
tough problem to deal with, but whether it's the
same problem you had last year.
~ John Foster Dulles
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"The road to hell is
paved with good intentions." ~ H. G. Bohn |
"Doing a job badly and
then getting someone in to sort it out can be much
more
expensive
than getting someone in to do the
job properly
in the first place." ~ Sarah Beeny |
"Valid covenants
restricting the free use of land, although widely
used, are not favored and must be
strictly construed and the burden is on the party
seeking to enforce them to demonstrate that they are
applicable to the acts of which he complains...
Substantial doubt or ambiguity is to be resolved
against
the restrictions and in favor of the free use of
property." ~ Virginia Supreme Court Justice
Henry Whiting |
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As questions arise,
I've been pulling from the Clarke Co. online
public records, deeds that pertain to matters that
affect the CNPOA (covenants, roads, recreation
area, etc.).
Clarke County Public records are available online
by subscription @ $25.mo at
www.clarkevacocc.org. Different colors
highlight concerns
certain deeds may address, but those highlights
may be a bit confusing as some deeds cover more
than one topic. If you find something that needs
to be corrected,
contact me. All documents are PDF
format. |
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Bk 54, P 48-49
(Deed, April 25,
'58; Burwell & Sechrist;
Blue Yonder)- |
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Bk
58, P 161-167A
(Easement, Dec
22, '59; Dulany, Mercer, MacDougall &
Brinchfied, Baker;
MacDougall)------------ |
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Bk
58, P 242-249
(Deed, Jan 20,
'60; Brinchfied/Baker & Double E; Calmes
Neck 542 acres;
CN
Subdiv.) |
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Bk 58, P 506-507E
(Revised Plat,
April 26, '60; Double E;
CN
Subdiv.)
Original Double E Land and Cattle
subdivision plat map showing 97 lots. |
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Bk 59, P 252-261
(Deeds & Plats,
July 11, '60; Burwell & Double E;
easement to 606 and 350 acres
Blue Yonder +
CN
Road) |
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Bk 59, P 262-268
(Deed of Trust,
July 11, '60; Double E & Garland Williams;
Blue Yonder) |
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Bk
60, P 543
(Deed, Aug '60; Double E & Brezina;
Lot 55;
$5 Covenants on this property only;
CN
Subdiv. +
Covenants) |
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Bk
60, P 36-38
(Deed, Sept '60;
Double E & Lawson;
Lot 63; $5 Covenants on
this property only;
CN
Subdiv. +
Covenants) |
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Bk
61, P 113-118
(Deed to Right
of Way,
Jan 30, '61; Double E & Dulany
(Rickard);
CN
Road) |
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Bk
61, P 163-173
(1959 Easement
extinguished, Oct 7, '60; Double E & Dulany, Mercer, MacDougall;
MacDougall +
CN
Road)
50'
deeded easement (Bk 58, P 161) through
properties of Dulany (Rickard), Mercer,
and MacDougall is
extinguished... "free and
absolutely discharged from such easement
and from all other easements whatsoever." |
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Bk 63, P 58-60
(Boundary Map,
May 1, '61; Plat and survey combing
lands of MacDougall;
MacDougall) |
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Bk 66, P 242-246
(Deed to Right
of Way, Jan 21, '63; Van Lennep,
Double E, Evans;
CN
Road)
Settlement of lawsuit regarding Double E
sale of Evans Island and granting CN Right
of Way to owner of island. |
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Bk 80, P 168-174
(Deed and
Dedication;
Dec 26, '67; Double E & MacDougall;
CN
Subdiv. +
MacDougall +
Covenants +
CN
Point +
Blue Yonder +
BVL Trust +
CN
Road)
Original Deed and Dedication
creates
covenants for existing Calmes Neck
Estates development as platted and
property of MacDougall, stipulates
requirements
for
amending
covenants, and
grants power to enforce
covenants to adjoining properties!!
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These 1967 original Calmes Neck
Estates recorded covenants are an
encumbrance on all Calmes Neck
properties except the $5 lots.
No recorded document has been found in
the Clark County Clerk's office that
rescinds or amends these covenants. |
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Questions concerning the
original 1967 covenants contained in
the aforecited Bk 80, P 168-174 |
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Bk 81, P 322-323
(Deed, May '68; Double E & Morin;
Lot 36; Ref. '67
Double E & MacDougall Covenants;
CN
Subdiv. +
MacDougall +
Covenants)
Original covenants in Bk 80, P 168
are attached
intact to this deed as required
by Bk 80, P 168-174 deed. |
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Bk 83, P 153-164
(Deed, Nov '68; Double E & Stough;
Lot 37;
Ref. '67 Double E & MacDougall Covenants;
CN
Subdiv. +
MacDougall +
Covenants)
Original covenants in Bk 80, P 168
are attached
intact to this deed as required
by Bk 80, P 168-174 deed. |
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Bk 85, P 422-432
(Deed, Oct 15, '69;
MacDougall & Double E; 280 acres sold as
one parcel with one deed;
MacDougall +
CN
Road) |
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Bk 85, P 431
(Deed, Oct '69; Double E &
MacDougall;
Lot 23; Ref. '67
Double E & MacDougall Covenants;
CN
Subdiv. +
MacDougall +
Covenants)
Original covenants in Bk 80, P 168
are attached
intact to this deed as required
by Bk 80, P 168-174 deed.
------------ |
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Bk 88, P 483-485
(Deed, Dec '70; Double E & Osborn;
Lot 27;
Ref. '67 Double E & MacDougall Covenants;
CN
Subdiv. +
MacDougall +
Covenants)
Selective
changes made to Bk 80, P 168 covenants
that are attached to this deed.
***Was this done in
compliance with the Bk 80, P 168-174
CN recorded covenants? |
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Bk 90, P 736-739
(Deed, Aug '71; Double E & Hurley;
Lot C;
Ref. '67 Double E & MacDougall Covenants;
CN
Subdiv. +
MacDougall +
Covenants)
Selective
changes made to Bk 80, P 168 covenants
that are attached to this deed.
***Was this done in
compliance with the Bk 80, P 168-174
CN recorded covenants? |
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Bk 93, P 53-55
(Deed, Jan '72; Double E & Gilbert;
Lot 24, 25, 26;
Ref. '67 Double E & MacDougall Covenants;
CN
Subdiv. +
MacDougall +
Covenants)
Selective changes
made to Bk 80, P 168 covenants that are
attached to this deed.
***Was this done in
compliance with the Bk 80, P 168-174
CN recorded covenants? |
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Bk 97, P 634-635
(Deed, Sep '72; Stough & Harrison;
Lot 39; Ref. '67 Double
E & MacDougall Covenants;
CN
Subdiv. +
MacDougall +
Covenants)
Selective changes
made to Bk 80, P 168 covenants that are
attached to this deed.
***Was this done in
compliance with the Bk 80, P 168-174
CN recorded covenants? |
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Bk 114, P 654 -660
(Deed, Nov 10, '75; Double E &
Edwards;
Lot 19,
All new covenants on only one property? By
what authority was this done??? CN
Subdiv.+
Covenants)
NEW covenants
are attached to
only this one deed reflecting a
substantial change to the association
income stream by changing it from the
previous Bk 80, P 168 "per lot" assessment
basis to a "per lot owner" assessment
basis. There is no mention of the Bk
80, P 168 covenants in these new
covenants.
***Was this done in
compliance with the Bk 80, P 168-174
CN recorded covenants? |
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Bk 117, P 654 -660
(Deed, April 22, '76; Double E
& Zeiseet;
Lot 72,
All new covenants!
CN
Subdiv.+
Covenants)
What
happened to the requirement to include
the 1967 Covenants?
This deed
references Edwards covenants that were
recorded 5 months earlier on only one
property... "This conveyance is
made subject to all duly recorded I
and enforceable restrictions, as set
forth in the deed from Double E Land &
Cattle Company to Alice T. Edwards and
David H. Edwards, dated November 10,
1975, recorded in the aforesaid
Clerk's Office in Deed Book 111, at
Page 654, easements and rights of way.
"
***Was this done
in compliance with the Bk 80, P
168-174 CN recorded covenants? |
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Bk 125, P 684-697
(Vacated Plats, Oct 31, '77;
Double E;
CN
Subdiv.)
***Was this done
in compliance with the Bk 80, P
168-174 CN recorded covenants? |
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Bk 150, P 9-16
(Deed, Apr '83; Double E &
Plater;
CN
Point +
Blue Yonder)
Seller
(Double E) & Buyer (Plater) agree that
if buyer conveys any of the CN
Subdivision lots, buyer will place
covenants & restrictions against said
lots "similar" to those placed against
majority of lots in CN at the time of
conveyance.
***Was this done
in compliance with the Bk 80, P
168-174 CN recorded covenants? |
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Bk 153, P 776-777
(Deed, Dec 30, '83;
Double E & Endicott; 280 acres sold as
one property with one deed;
CN
Subdiv. +
MacDougall) Same 280 acre
parcel also conveyed as one property
in: Bk 219, P 331; Bk 294, P 412; Bk
295, P 374; Bk 448, P 243; Bk 448, P
247.
***Was this done
in compliance with the Bk 80, P
168-174 CN recorded covenants? |
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Bk 164, P 710-711
(Vacated Plat,
Aug 5, '85; Plater;
CN
Point)
A portion
of Hickman Avenue is also vacated.
Why was
the road allowed to be vacated? |
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Bk 169, P 792-793
(Easement, Oct
9, '81; Double E & Herron;
CN
Road)
This document imposes a duty on the
CNPOA to maintain the easement. |
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Bk 223, P 765-802
(CNPOA Amended
Covenants., Oct '91;
Covenants)
There is no citation that binds these
amendments to any specific previous
covenants.
What prior
document was amended by this
declaration?
***Was this done in compliance with
the Bk 80, P 168-174 CN recorded
covenants? |
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Bk 242, P 14-24
(Deed & R/W, Feb
21, '94; Plater & CNPOA;
Recreation Area +
CN
Point +
CN
Road)
This
document affirms, by signature of
CNPOA President, the vacation of a
portion of Hickman Avenue.
Is there a
recorded vote by the CNPOA membership
approving this?
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Bk 249, P 738-740
(Quit Claim
Deed, Dec 20, '94; Double E &
CNPOA;
CN
Road).
Deed contains no specifics as to where
the roads are nor is there a
requirement to maintain the roads. |
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DB 321 P 785-788
(Conserv.
Easement covenants; Nov 7, '00;
Clark & Land Trust of VA;
CN
Subdiv. +
Covenants)
Were any DURs removed? |
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DB 319 P 265
(Deed, Oct 19, '00;
Biesecker & Hillman; 10 acres;
MacDougall +
CN
Road) |
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Bk 352, P317 & Plat Bk 3, Pg52
(Conserv.
Easement covenants; Nov '02;
Zeisset & VA Outdoors Foundation;
properties replatted -Lots 24, 26,
part of 27; 2 DURs removed.
CN
Subdiv. +
Covenants)
***Was this done
in compliance with the Bk 80, P
168-174 CN recorded covenants? |
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Bk 352, P 48-81
(CNPOA Amended
Covenants, Dec '02;
Covenants)
Document is based only on Bk 223,
P765, which contained no citation of
specific original covenants intending
to be amended.
***Was this done
in compliance with the Bk 80, P
168-174 CN recorded covenants? |
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Bk 491, P 163-184
(Conserv.
Easement covenants; Dec 19 '07;
Thomas/Endicott & Clarke County;
properties replatted - lots 74,
75, 77, 78, 80, 81A, & 82; 6 DURs
removed.
CN
Subdiv. +
Covenants)
***Was this done
in compliance with the Bk 80, P
168-174 CN recorded covenants? |
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Plat Bk 9, P 12
(River Glen subdivision;
Aug 26 '08;
CN
Point)
Plat renaming the O'Hare subdivision
to "River Glen Subdivision", renaming
the southern portion of Hickman Lane
to "Calmes Neck Lane" and renaming the
northern portion of Hickman Lane to
"Eagle Point Lane". |
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The house represented the
boundaries of the man's kingdom. ~ Stephen
Gardiner
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This site provides links to external websites solely for the convenience of
users. While every effort is made to assure all external links are valid,
domains and/or content may have changed. I take no responsibility for a
link's operation or content and do not exercise any editorial control
over them. This is the personal website of Penny Hillman and should
not in any manner be construed as a CNPOA Board or CNPOA
Association website. The accuracy of the information contain herein is not
guaranteed and site visitors are urged to rely on original
documents only. As a site visitor, you are responsible for deciding what you
believe and what you do not believe.
If you find something that you know to be in error, please let me know
via email as soon as possible.
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©2007
Penny Hillman - all rights reserved. The material on this site is
protected by
US Copyright Laws and cannot be used without written consent. |
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