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RESTRICTIONS AND RESERVATIONS FOR WALKERS
CROSSING
1. All numbered lots shall be used for
single-family residential purposes only and each lot shall
constitute one residential building lot.
2. No lot may be subdivided in order to create any
additional lots, however, a lot may be divided to be combined with
adjoining lots. Also, any number of lots may be put together to form
one lot. This paragraph is subject and subordinate to No. 26 of this
Declaration.
3. The minimum square footage requirements for the
main residence shall be 2,400 square feet of finished and heated
footage for a two story or one-and-a-half story dwelling and 2,100
square feet of finished and heated footage for a one story dwelling
erected on any lot. In each case the required square footage shall
be exclusive of all basement areas, porches, carports, or garages.
The determination of the applicable minimum square footage required
for any dwelling shall be made by and in the sole discretion of the
Architectural Committee.
4. No dwelling shall be erected, placed, or
permitted to remain on any lot other than one single-family
dwelling. All dwellings shall not exceed two and a half stories in
height at the elevation facing the street.
5. Neither property owners nor builders shall be
permitted to cease construction prior to completion of any dwelling
or allow the construction time to be excessively greater than the
average or usual construction time for similar dwellings built by
reputable contractors in the local area. No dwelling or part of any
dwelling may be occupied for living purposes, temporary or
permanent, until construction is completed and a certificate of
occupancy or permit issues or granted by Bedford County officials.
6. No building of any kind shall be located on any
lot less than 40 feet from the front property line nor shall it be
located less than 15 feet from the side lot line nor less than 50
feet from the rear lot line. This paragraph is subject and
subordinate to No. 20. No building of any kind shall be located on
any lot closer than the setbacks on the plat. In all cases if the
above setbacks are less restrictive than required by the Bedford
County Subdivision Ordinance, the ordinance in effect shall control
the setbacks.
7. No house trailer, mobile home, double-wide or
modular home shall be permitted at any time on any lot. No semi
tractor-trailer or similar commercial trucks shall be regularly
parked on any lot.
8. The exposed foundation wall of any dwelling
shall be brick, stone, or Dryvit. In addition, the exposed exterior
surface of all chimneys shall be faced with brick, stone, or Dryvit.
Any gas or wood fireplace appliance built into any dwelling shall be
located to the inside of the dwelling or if to be located to the
outside, it shall be enclosed in a chimney unless otherwise approved
in writing by the Architectural Committee.
9. Each property owner shall keep his property
free from tall grass, undergrowth, dead trees, trash and rubbish and
shall properly maintain his property. Each lot owner shall be
responsible for seeding, mowing, and maintaining that portion of
land between each lot line and the pavement of the street. Each
owner of a lot abutting the lake shall maintain a pleasing
appearance, proper contour of the lake bank and prevent erosion.
10. No noxious or offensive activity shall be
carried on within this subdivision, nor shall anything be done which
shall constitute a nuisance to the other property owners.
11. No signs or billboards shall be allowed on any
lot except For Sale signs of the usual size and shape.
12. No building materials (except during the time
of construction), unlicensed or inoperable, or inventories may be
stored outside at any time. Storage of firewood and trash containers
shall be restricted to the rear yard and well screened as not to
cause an eyesore to adjoining lot owners. Propane tank shall be
aesthetically well-screened and located on side or rear of the
dwelling.
13. All utility lines shall be installed and
maintained underground.
14. Off street parking shall be provided on each
lot to accommodate all vehicles owned by the residents of the
dwelling. Parking of all recreational vehicles and related
equipment, including but not limited to motor homes, boats, and boat
trailers, other than on a temporary and non-recurring basis shall be
kept in a garage. All driveways shall be either asphalt, concrete,
brick pavers, or other imperious surfaces.
15. Developer strongly encourages all lot owners
to make every effort to retain all mature trees on the property. No
living tree more than 8" in diameter may be removed unless
removal is necessary to the construction of the dwelling and
approved by the Architectural Committee. Also the Architectural
Committee shall approve the site location of all dwellings prior to
any clearing or construction activity. The purpose of this paragraph
is to preserve and protect the integrity, stability, and beauty of
Walkers Crossing including the lake, trees, and mountain views.
16. No lot or part of any lot shall be used for a
roadway or access to any other parcel of land lying outside this
subdivision without the written consent of the Developer, its
successors, or assigns.
17. These and future lots abutting the lake shown
on the plat are Lots 4, 7, 8, 15, and 16. Only the owners of lots
abutting the lake, their guests and invitees shall have the right to
use the said lake, which right shall be a joint and common right
with all of the owners of lots abutting the lake and which right
shall not be granted to anyone other than the owners of lots
abutting the lake. The cost of maintaining, repairing and restoring
the lake and the dam shown on the attached plat shall be borne and
paid pro-rata by the owners of Lots 4, 7, 8, 15, and 16, and future
lot owners abutting the lake. Furthermore, no person having the
right to use the lake will be permitted to use any boat with a
gasoline motor on the lake. The owners of lots abutting the lake
shall be entitled to determine reasonable rules and regulations for
the use and maintenance of the lake with each owner being entitled
to one vote in determining said rules and regulations and a majority
vote deciding any issue. All lot owners shall keep the shoreline
free of tall grass and underbrush as to keep a neat and pleasant
shoreline for all lake lot owners.
18. Television antennas, radio antennas, or
television satellite dishes 18" or less in diameter may be
placed on the rear of any lot behind the dwelling so long as they
are not readily visible from the street. Except as expressly
permitted in the previous sentence, no communication receiving
and/or transmitting devices (including but not limited to television
antennas, radio antennas, satellite dishes, CB, or other antennas)
may be placed on any lot without the written approval of the
Architectural committee. If there is any question or concern, the
Architectural Committee shall have final authority.
19. No dwellings, garages, or outbuilding, fence,
screen plantings or other exterior improvements shall be erected,
altered, or placed on any lot unless building plans, specifications,
and site plans showing the location of such improvements have been
submitted in advance in writing to, and approved in writing by, the
Architectural Committee as to conformity and harmony of exterior
design and exterior materials with existing structures in the area
and as to location with respect to topography and neighboring
structures as well as set backs. Driveway material shall be
specified when submitting plans. No additional structure or
improvements, including but not limited to swimming pools and tennis
court, shall be constructed without the written approval of the
Developer.
20. Notwithstanding any other provisions herein to
the contrary, the Developer reserves for itself, its successors and
assigns, the right to close, relocate streets and open new streets
from this subdivision to property outside the subdivision, to change
and modify the subdivision plan by changing the size and shape of
any lot shown thereon including any building setback, yard, or
dwelling area requirement.
21. Generally recognized house or yard pets, in
reasonable number, may be kept and maintained on a Lot provided pets
are not kept or maintained for commercial purposes. No animals may
be kept in such numbers as to create a nuisance to the neighbors.
Animals not recognized as house or yard pets include horses, goats,
swine, sheep, cattle, poultry, and any other barnyard or zoo-type
animals.
22. All homeowners are required to purchase and
install the standard Walkers Crossing mailboxes which includes paper
box. No plastic newspaper boxes.
23. Before the construction of any driveway,
whether temporary or permanent, a culvert or drain pipe must be
installed. The size and location of said drain pipe must be approved
by the Developer prior to installation. All driveway entrances and
mailbox access must conform to the minimum requirements of the
Virginia Department of Transportation (VDOT). A gravel driveway must
be installed prior to any clearing, grading or construction on any
lot to provide off street parking for construction vehicles in order
to prevent soil erosion and to keep mud and debris off the streets.
The builder and the lot owner will be liable, jointly and severally,
for damages to the street, shoulder of the road, utilities and for
the costs of conforming to VDOT standards including those required
for mailbox and driveway entrances. Driveways must be surfaced with
asphalt, concrete, or other suitable material approved by the
Architectural Committee within one year after the initial occupancy
of the dwelling on any lot.
24. Any structure that was destroyed in whole or
in part by fire or any other casualty must be rebuilt or removed.
Restoration or demolition and removal of damaged structure must be
commenced within 90 days of the casualty. If the structure is to be
demolished, it must b demolished and all debris removed within 6
months. If rebuilding, the restoration/construction shall be
completed within 9 months. Such restoration and rebuilding shall be
conducted and approved in the same manner as any new construction or
modification under the Architectural Committee.
25. All detached buildings from the main dwelling
shall be permanent type construction, and the design and
construction thereof shall be in keeping with the architecture of
the main house. All detached buildings to be approved by the
Architectural Committee subject to and in accordance with all
subdivision ordinances of Bedford County, Virginia.
26. Each property owner is responsible for all
construction debris during the construction period. Debris should be
placed in a temporary dumpster or removed from site and the building
site kept in a reasonably neat manner as not to cause an eyesore for
the neighbors and the overall appearance of the development. At the
time of construction, the builder and the lot owner will reliable
and responsible, jointly and severally, for carrying out the
appropriate approved erosion and sediment control measures (i.e.
gravel construction entrances, driveway pipes, seeding, silt fence
barriers, etc) and insuring that they are properly installed and
functioning as planned. If there is any question or concern the
Architectural Committee shall have final authority.
27. The Architectural Committee, hereinabove from
time to time mentioned, shall consist of three persons appointed
annually on the first day of January by the Developer, his
successors or assigns, to serve for one year or until their
successors have been duly appointed. Any vacancy occurring in the
membership of said committee may be filled for the balance of the
unexpired term by the Developer. Said committee shall select one of
its members as chairman, keep written minutes of its proceedings,
and have the right to establish reasonable by-laws, rules and
regulations for carrying on its business. Any matter submitted in
writing to all members of the architectural committee making a
written request for approval by said committee which is neither
approved nor disapproved in writing within 30 days after such
submission shall be deemed to have been disapproved. The
Architectural Committee may, by unanimous written consent, designate
one of its members to act for it with respect to such matters as
said committee may see fit, but such designation shall be subject to
termination at any time by the committee upon request of any member
thereof. No committee member shall be entitled to compensation for
serving as such. The chairman of the Architectural Committee will be
responsible for appointing a secretary to collect an annual fee for
maintenance of the plantings of the front entrance including signage
and lighting and all other entrance features. Also to pay any
insurance on fence or signs.
28. All living dwellings in Walkers Crossing shall
be responsible to pay $25.00 annual dues (with annual increases not
to exceed 4% per year, as deemed necessary by the Architectural
Committee) to the Architectural Committee for maintenance of the
front entrance, including mowing, plants, and sign, and/or fence
replacement. This fee shall be collected every January and pro-rated
upon the closing of each house. It is at the sole discretion of the
Architectural Committee to spend this money to maintain Walkers
Crossing. If there is any question or concern, the Architectural
Committee shall have final authority.
29. The Developer reserves the right to change and
modify the subdivision plan by eliminating, combining, or changing
the size and shape of any unsold lot shown thereon, including any
building setback, or dwelling area requirement or to open, close, or
relocate new streets or undedicated streets, including the right to
convert lots into streets. The Developer also reserves the right to
grant variances for these restrictions where in its sole discretion
a hardship will be caused by compliance herewith. This shall
terminate and be of no effect when Developer or its assignee does
not own a lot in Walkers Crossing subdivision. As long as Developer
owns one or more lots in Walkers Crossing, the Developer or the
Architectural Committee may enforce or amend these restrictions and
reservations. At and after such time as the Developer does not own
any such lot, these restrictions may be amended or terminated only
the written consent of the owners of at least sixty six percent
(66%) of the lots in Walkers Crossing, duly recorded in the Clerk's
Office of the Circuit Court of Bedford County, Virginia. The
restrictions set forth shall be covenants running with the land and
shall be binding for a period of 25 years from the recordation of
this plat.
30. There are reserved, perpetual, alienable and
releasable easements within the above-described real property and
the right on, over and under the ground to erect, maintain and use
electric and telephone poles, wires, cables, conduits, sewers, water
mains, and other public conveniences, or utilities, on, in or over
the rear and/or front twenty (20) feet of each lot and fifteen (15)
feet along the sides of each lot within the development. There is
further reserved within the above-described real property along the
front, rear and side lines of all lots in the subdivision the right
to maintain and use drainage easements fifteen (15) feet in width as
the same are necessary for the proper flow and discharge of water
from the streets in the aforesaid subdivision, and as the same are
required from time to time by the Virginia Department of
Transportation.
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