To the Settler's Crossing Residents,
Included in this email are the SETTLER'S CROSSING COVENANTS that were drawn up and approved when the neighborhood was formed. They remain in effect as legally posted conditions, covenants and restrictions until December 2018. Signed, notorized originals are on file at the County Clerk's office. You should have been provided a copy of these covenants when you bought your property. In case they were not I have provided them here.
As you know we have no Homeowner's Association to enforce these covenants and restrictions for the neighborhood. We depend on the homeowners themselves to ensure they, and their neighbors who may not be aware, adhere to the covenants. The Covenants are intended to preserve the value of our property and beauty of the neighborhood.
Book 536, Page 449:
D E C L A R A T I O N
CONDITIONS, COVENANTS AND RESTRICTIONS
SETTLER�S CROSSING, SECTIONS ONE-A and ONE-B
FUTURE SECTIONS OF SETTLER�S CROSSING,
YORK COUNTY, VIRGINIA
THIS DECLARATION, made this 21st day of November, 1988, by C. L. PARRISH, hereinafter designated as �Declarant�.
WHEREAS, C. L. Parrish is the developer of a certain tract of land in York County, Virginia, part of which said tract of land is shown on a certain plat entitled, �SETTLER�S CROSSING, SECTION ONE-A, COUNTY OF YORK, VIRGINIA�, made by Coenen & Associates, Inc., Engineers-Planners-Surveyors, dated April 6, 1988, which said plat was recorded in the Clerk�s Office of the Circuit Court of the County of York, Virginia, on June 21, 1988, in Plat Book 10, page 543: and part of which is shown on a certain plat entitled, �SETTLER�S CROSSING, SECTION ONE-B, COUNTY OF YORK, VIRGINIA�, made by Coenen & Associates, Inc., Engineers-Planners-Surveyors, dated August 1, 1988, which said plat was recorded in the Clerk�s Office aforesaid on October 5, 1988, in Plat Book 10, page 586; and,
WHEREAS, Declarant proposes adding an additional section or sections to the Settler�s Crossing Subdivision; and,
WHEREAS, Declarant desires that all of the said lots embraced within the said tract of land shown on said plats of Settler�s Crossing, Section One-A and Section One-B, and any additional parcels of land which may be added to the Settler�s Crossing Subdivision in the future, shall be subject to certain covenants, conditions, limitations, easements, reservations and restrictions; and,
WHEREAS, Declarant has conveyed Lot 39, Settler�s Crossing, Sections One-A and Lot 35, Settler�s Crossing, Section One-B, to Wayne Harbin Builder, Inc., and the said Wayne Harbin Builder, Inc., desires that the said lots shall be subject to all of the covenants, conditions, limitations, easements, reservations and restrictions herein contained; and,
WHEREAS, Lots 1-5 and 40-43, both inclusive, in Settler�s Crossing, Section One-A and Lots 34, 36, 37 and 6-10, both inclusive, in Settler�s Crossing, Section One-B, are subject to a Construction Loan Deed of Trust in favor of Signet Bank/Virginia, which construction loan is secured by Supplemental Deeds of Trust to Robert B. Upshaw and B.M. Millner, Trustees, recorded in the Clerk�s Office of the Circuit Court of the County of York, Virginia in Deed Book 521, page 1; Deed Book 522, page 76; Deed Book 525, page 636; Deed Book 531, page 475; and Deed Book 535, page 400; and,
WHEREAS, Lost 39, Settler�s Crossing, Section One-A and Lot 35 Settler�s Crossing, Section One-B are subject to a Construction Loan Deed of Trust in favor of Signet Bank/Virginia, which construction loan is secured by Supplemental Deeds of Trust to Robert B. Upshaw and B.M. Millner, Trustees, recorded in the Clerk�s Office of the Circuit Court of the County of York, Virginia, in Deed Book 529, page 259; and Deed Book 531, page 469; and,
WHEREAS, the said Signet Bank/Virginia and the said Robert B. Upshaw and B. M. Millner have executed this Declaration to evidence its and their consent and agreement that the lots in Settler�s Crossing, Sections One-A and One-B shall be subject to the hereinafter set forth covenants and restrictions.
NOW, THEREFORE, Declarant does hereby declare, covenant and agree for himself and his assigns, and for all persons, their heirs and assigns, to whom lots in the said subdivisions may be sold, that the said lots shall be sold subject to the following covenants, conditions, limitations, easements, restrictions, reservations, and restrictions:
1. All lots shall be known and described as residential lots, and no buildings, other than a residence and accessory out-buildings and garages, shall be built on any lot or used for any purpose other than residential, and no business, trade of commerce shall be operated on any part of any lot, nor shall any signs announcing or advertising any goods or services be displayed on any lot.
2. No structure shall be erected on any lot other than a detached single family dwelling, a one or more car garage, and a barn and other outbuildings, and no residence of more than two and one-half stories in height shall be erected on any lot. The following square footage requirements for interior floor space shall apply: Any one-story house with attached garage or carport shall have a minimum of 1,400 square feet (exclusive of attached garage or carport); any one story house without attached garage or carport shall have a minimum of 1,500 square feet; any one and one-half story house shall have a minimum of 1,000 square feet on the ground floor and a minimum of 400 square feet on the second floor; any two-story house shall have a minimum of 1,600 square feet, and any split-level house shall have a minimum of 1,400 square feet among all three floor levels. A residence with a split foyer shall be considered a two-story house.
3. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that domestic dogs, cats and/or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.
4. Building set-back lines shall be as established by the zoning ordinance for the County of York, Virginia, and as shown on the recorded plats. Any variances granted by the Board of Zoning Appeals, or by any other duly constituted administrative agency of York County, of any violation of any setback requirement provided for in these restrictions shall be deemed to be a compliance with these restrictions.
5. No trailer, basement, tent, shack, barn or other out-building erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of any temporary character be permitted.
6. No trailer, shack or other temporary structure shall be permitted at any time on any lot, except contractor�s building or trailers, during construction of a permanent residence.
7. No sign of any kind shall be displayed to the public view on any parcel except one sign of not more than six (6) square feet, advertising the property for sale or rent, or signs used by a builder or architect during the construction and sales period.
8. All plans for construction of residences, garages, barns, or other structures, or for any additions to the aforesaid structures, upon which construction shall begin prior to July 1, 1993, must be approved by C.L. Parrish, or his assigns, in writing, prior to the commencement of such construction.
9. Nothing shall be done on any lot that interferes with the natural drainage of surface water to the injury of other property.
10. No fences higher than six (6) feet in height shall be erected on any lot, except that this restriction shall not apply to any fence built to enclose a patio immediately adjacent to any dwelling. No chain link fencing shall be installed on any lot. No fencing shall be allowed closer to the street on which the residence fronts than the front of the residence, or closer than fifteen (15) feet from the right-of-way line of any side street.
11. No campers, camper trailers, boats or boat trailers may be parked in the public right-of-way in front of the residence, or in the driveway serving the residence. Such vehicles or boats may be parked only to the rear of the residence.
12. No solar panels or collectors shall be installed upon or within any dwelling unless such panels or collectors are screened from view and cannot be observed from the street. All fuel or gas storage tanks installed or maintained within or upon any of the aforesaid lots shall be under ground.
13. Each residence shall be completed within one (1) year from the start of construction.
14. No truck of bus of over one-ton rated capacity and no commercial vehicle, except station wagons, shall be parked or stored on any lot in the subdivision, except while in the process of loading and unloading. Trucks and/or buses of one-ton rated capacity, or less, and station wagons may be parked or stored on any lot in the subdivision, provided that any such vehicle does not have lettering exceeding three (3) inched in height and provided that said lettering is limited to the name of the owner and the name and address of the business of the owner, and shall appear only once on each side of the vehicle. No high-frequency antenna, such as used by radio �Ham Operator�, shall be installed on the premises at any time. Television dish antennas are prohibited on the premises at any time. No skate board ramps shall be installed or used on any lot.
15. Any and all driveways located on any lots in said subdivision shall be constructed of aggregate concrete.
16. Any alterations to the grade of any lot, or to any swale area on any lot, by any lot owner prior to the final acceptance of the section of the subdivision in which the lot lies, may be made only after having obtained the written permission of C.L. Parrish.
17. Any barriers (such as fences, wood piles, flower beds, utility buildings, etc.) created by any lot owner, prior to the final acceptance of the section of the subdivision in which the lot lies, which obstructs or interferes with the drainage in any drainage or utility easement shown on the subdivision plat, shall be promptly removed or relocated by the lot owner upon the request of C.L. Parrish.
18. All covenants, conditions, agreements and restrictions herein shall inure to the benefit of and be enforceable by the owner of any lot shown on said plats, his respective heirs, successors and assigns, and failure by any landowner to enforce any restriction shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto.
19. There restrictions shall be taken to be real covenants running with the land shown upon the above referred to plats and shall be binding upon all parties, persons and corporations owning lots in said subdivision and their heirs, executors, administrators, successors and assigns until December 31, 2018, at which time these restrictions shall be automatically renewed in their entirety for successive periods of ten (10) years unless terminated or changed in whole or in part by an appropriate instrument in writing which shall be executed and acknowledged by the then owners of more than fifty percent (50%) of the lots, and recorded in the Clerk�s Office at the Circuit Court of the York County, Virginia.
20. The invalidation of any one or more of the covenants, restrictions, conditions, and agreements herein contained, or any part or parts hereof, by judgment or court order, shall in no wise effect any of the other provisions hereof, which shall remain in full force and effect.
WITNESS the following signatures and seals:
Wayne D. Harbin President, Wayne Harbin Builder, Inc
Michael A. Sproull Vice President, SIGNET BANK
Robert B. Upshaw Trustee
B.M. Miller Trustee