BOOK 224 PAGE 759
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
SEASONS TRACE, SECTION VI
This Declaration, made on the date
hereinafter set forth by
Seasons Trace Development,
Inc., hereinafter referred to as "Declarant".
WHEREAS, Declarant is the owner of
certain property in the
County of James City, the
which is more particularly described in Appendix "A" attached. NOW, THEREFORE, Declarant hereby declares that all of
the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and
which shall be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
SECTION 1. "Owner" shall mean and
refer to the
whether one or more persons or entities, of a fee
simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
SECTION 2. "Properties" shall mean
to that certain
real property hereinbefore described, and such additions
thereto as may hereafter be brought within these covenants, conditions and restrictions.
SECTION 3. "Declarant" shall mean
and refer to
Development, Inc., its successors and assigns if such
successors or assigns should acquire more than one undeveloped
224 PAGE 760
SECTION 1. No building, fence, wall
or other structure
commenced, erected or maintained upon the Properties,
nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature,
kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony
of external design and location in relation to surrounding structures and topography by Declarant or by an architectural
committee compose of three (3) or more representatives appointed by the Declarant. In the event Declarant, or its designated
committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications
have been submitted to it, approval will not be required and this paragraph will be deemed to have been complied with fully.
Furthermore, no living tree with a diameter of six inches or more shall be destroyed by any person without approval of the
Declarant or architectural committee. Any construction shall be completed within twelve months of the date of approval.
SECTION 2. Only those General
Contractors approved by Declarant
shall be permitted to build
improvements on any lot.
SECTION 1. Each lot shall be used
exclusively for residential
purposes and no building shall be erected, altered, placed
or permitted to remain thereon other than one single-family dwelling with a minimum of 1,000 square feet of living space approved
pursuant to Article II of this Declaration (hereinafter referred to collectively as "dwellings" or severally as "dwelling")
SECTION 2. Declarant reserves for
the benefit of It self
and its successors and assigns easements for the installation,
maintenance and/or replacement of utility and drainage facilities within the areas reserved for and designated "Easement" on the
aforementioned plat and where no easement is so designated, within an area five feet in width along the front, side and
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lines of each lot, as well as the right to use said areas for
ingress and egress in connection therewith.
the right, before or after the sale of any of the lots, to transfer and assign any of the rights and easements herein described.
SECTION 3. There shall be no
outdoor open airing or
drying of any clothing, bed linens, blankets, rugs, etc. on
the Properties except at such locations and on such terms and conditions as may be prescribed by the Declarant.
SECTION 4. No obnoxious or
offensive activity shall be
conducted or permitted on any of the Properties, and
nothing shall be done thereon which may be or become an annoyance or a nuisance to the neighborhood. No business
or profession of any kind or nature shall be carried on or practiced in any dwelling the express written consent of Declarant.
SECTION 5. No trailer, tent, shack,
barn garage, or
outbuilding shall be used on any of the Properties at any
time as a residence, either temporarily or permanently. Nor shall any boat, boat trailer, school bus, truck with commercial
lettering or commercial use, or any truck over 3/4 ton, camper or camping trailer, or other mobile living or recreational
vehicle, be stored, parked or kept on any of the Properties for more than eight (8) hours, except in such area or areas as
may be designated by the Declarant, and such units shall not be used as living quarters while so stored or parked.
SECTION 6. No animals, livestock or
poultry of any kind
shall be raised, bred or kept on any of the Properties,
except that dogs, cats and other household pets may be kept, provided they are not kept, bred or maintained for any
commercial purposes and provided that they do not become a nuisance to other owners or occupants. No permitted
animal shall be allowed outside of a dwelling unless under the owner's control and in his presence.
SECTION 7. No sign or poster of any
kind shall be
displayed to the public view on any of the Properties,
except contractors' signs during construction period and one professional real estate sign of not more than six square
feet, advertising a lot, and any dwelling constructed thereon, for sale or for rent.
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SECTION 8. It shall be the owner's
responsibility to keep
the area between the boundary line of his
subdivision and the surface of any adjoining road or roads, cleared of all brush, tall grasses, weeds, trash, garbage or
other waste. If the Owner of any
right to perform any necessary maintenance or clearing and the Owner hereby agrees to reimburse Declarant his costs.
SECTION 9. No owner, resident or
lessee shall install wiring
for electrical or telephone installation, radio or
television antennae, machines or air conditioning units, etc., on the exterior or any building or structure or in a way that causes
same to protrude through the walls or the roof of any building or structure except as authorized by the Declarant.
SECTION 10. Inoperative or
unlicensed cars, trucks or other
vehicles shall not be parked or stored on streets, parking
areas or lots.
The respective lots shall not be rented by the
Owners thereof for transient or hotel purposes, which shall
be defined as (a) rental for any period less than thirty (30) days; or (b) any rental if the occupants are provided customary
hotel services, such as room service for food and beverage, maid service, furnishing laundry and linen, and bellboy service.
Other than the foregoing obligations, the Owners of the respective lots shall have the absolute right to lease same
provided that said lease is made subject to the covenants and restrictions contained in this Declaration.
1. ENFORCEMENT. The Declarant, or any Owner, or the
Seasons Trace Single Family Association
(a Virginia Corporation), shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or by
any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
SECTION 2. SEVERABILITY.
Invalidation of any one of these
covenants or restrictions by judgement or court
order shall not affect any other provision
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SECTION 3. AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land, for a term
of twenty (20) years from the date this Declaration is recorded, after which time they shall automatically be extended for
successive periods of ten (10) years. This Declaration may be amended except Article IV, Section 6 during the first twenty (20)
year period by an instrument signed by not less than eighty percent (80%) of the Lot Owners, and thereafter by an instrument
signed by not less than sixty-five percent (65%) of the
hereof shall not be subject to amendment.
SECTION 4. SUBSTITUTION.
Declarant shall have the right
at his sole option to assign his powers set forth herein to
an association or committee of lot owners by instrument duly recorded in the Clerk's Office of the Circuit Court for the City
SECTION 5. SEASONS TRACE SINGLE FAMILY ASSOCIATION.
owner shall be a member of the Seasons Trace Single Family Association
(a Virginia Corporation) and shall comply with its
By-Laws including payment of any dues properly assessed. Unpaid dues, interest, late charges and collection costs, including
reasonable attorney's fees, if any shall be a lien against the lot on which they were assessed.
SECTION 6. ANNEXATION.
Additional land within the area
described in Deed Book 149, Page 185, of the land records of
Clerk, Circuit Court of the City of
of the date of this instrument by the filing of a supplementary declaration in the Clerk's Office of the Circuit Court of the
SECTION 7. MAINTENANCE OF PONDS. The Owners of lots 24 and
25 as shown on the subdivision plat of Section 6 of
Seasons Trace recorded in the Clerk's Office of the Circuit Court of the City of
37, Page 59 shall be responsible for maintenance of the pond on their lot. In the event any such Owner shall fail to maintain
the pond on their lot, the Seasons Trace Single Family Association (a Virginia Corporation) shall perform the necessary
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and charge the cost thereof as an additional dues to the
WITNESS the following signature and seal this 4th day of AUGUST, 1982
SEASONS TRACE DEVELOPMENT, INC.
DAVID L. HERTZLER, President
CITY/COUNTY OF JAMES CITY, to-wit:
The foregoing instrument was
acknowledged before me by
DAVID L. HERTZLER, President of SEASONS TRACE DEVELOPMENT, INC.,
this 4th day of AUGUST, 1982.
/signature on original/
My commission expires: 7 1 85
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that certain lot piece or parcel of land situate, lying and being
that certain plat entitled "PLAT OF SEASONS TRACE-SECTION VI,
SEASONS TRACE DEVELOPMENT,
professional corporation of
of the City of
Clerk's Office of the Circuit Court of the City of
1982 this Declaration was presented with certificate annexed and admitted to record at 4:10 o'clock PM
Teste: Helene S. Ward, Clerk
by /signature on original/