1969 · Community
1969: The Declaration of Restrictions
Eighteen paragraphs recorded on February 12, 1969 that still shape what can be built in Brierwood Estates, with the clock they set running to 1994 and beyond.
Timeline
Aug. 1968
Date of the unrecorded "Willow Run Subdivision" map by V. W. Herlevich that the Declaration names (lots 1 through 17).
Jan. 26, 1969
The Declaration is made and signed by Brierwood Golf Club, Inc.
Feb. 12, 1969, 4:45 p.m.
Recorded in Book 205, Page 222 (five pages).[Declaration · Covenants folder copy]
1987 to 1999
Releases of the right of first purchase recorded lot by lot (for example Book 706, Page 289).[Release]
Jan. 1, 1994
The first 25-year term ends; the covenants begin renewing in ten-year periods.
2004, 2014, 2024
Ends of the ten-year renewal periods on that schedule; the next ends in 2034.
June 19, 2019
A blanket waiver of the right of first purchase for the whole subdivision (Book 4206, Page 892).[Waiver]
Document links open for registered members who are signed in. The plat images on this page are public records shown for everyone.
Before any lot was sold, the company recorded the rules. The Declaration of Restrictions was made on January 26, 1969 and recorded on February 12, 1969 at 4:45 p.m. in Book 205, Page 222. By its own words it applies to lots 1 through 17 of an unrecorded map titled "Willow Run Subdivision," dated August 1968 and drawn by the surveyor V. W. Herlevich.
The Declaration has 18 numbered paragraphs, from building approval (paragraph 1) and residential-only use (2) through minimum house sizes (6), septic systems (10), signs (11), utility easements (12) and the developer's right of first purchase (13). Its enforcement paragraphs (16 and 17) let any owner, and the company, act against violations, and paragraph 18 keeps the rest alive if one part fails. A paragraph-by-paragraph summary is on the Documents page.
Paragraph 15 sets the clock: the covenants run for 25 years from January 1, 1969, to January 1, 1994, and then extend automatically for ten-year periods unless a majority of owners record a change. On that schedule the ten-year periods end in 2004, 2014 and 2024, and the current one in 2034.
The paragraph 13 right of first purchase was released lot by lot for years, as the county's index shows in its 1987 to 1999 "Release" recordings, and ended for the whole subdivision by the blanket waiver of June 19, 2019 (Book 4206, Page 892). The other paragraphs remain in force.
The Declaration's own words cover only 17 lots, yet county recordings for lots in Sections C through P and 1 through 3 carry references back to Book 205, Page 222. That pattern is why the community treats it as the covenants for the whole of Brierwood Estates. See The Covenants That Still Govern Brierwood Estates and The Right of First Purchase and Its Waiver.