COVENANTS AND CONDITIONS
The Shenandoah Development Corporation, a West Virginia corporation, owner and developer of the Tuscawilla Hills Subdivision, located in the Charles Town District, Jefferson County, West Virginia, hereby declares and submits a portion of said subdivision more particularly described according to a survey and plat thereof entitled Lots 121-128 made by A.G. Hooper, Jr., registered land surveyor, dated April 22, 1974, and attached hereto to be hereafter known as the Hickory Court Project, comprising Lots 121, 122, 123, 124, 125, 126, 127, and 128, with dewllings and improvements thereon, hereinafter call "units." This declaration shall constitute covenants running with the land and shall be binding on the owner, his successors, heirs, executors, administrators, devisees, or assigns, and all subsequent owners of all or any part of the real property and improvements thereon, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. The ownership, occupancy, use or lease of each of the aforementioned units and the purposes for which each of said units are intended shall be in accordance with the following provisions:
A. Each unit is
hereby restricted to residential use by the owner or owners thereof, their
lessees, their immediate families, guests and
invitees. No owner or owners of any unit
shall permit use of any unit for transient, hotel or commercial purposes. In order to preserve the character of
1. To any person of the age of forty-five years or over; or
2. A husband and wife, regardless of age, residing with his or her spouse provided the spouse of such person is of the age of forty-five years or over; or
3. The child or children residing with the permissible occupancy provided the child or children is or are the age of sixteen (16) or over.
4. The foregoing occupany restrictions shall not be construed to prevent the occupants of any of the units from entertaining guests of any age in their units, including temporary residency not be exceed six (6) months.
B. No noxious or offensive activities shall be carried on in any unit nor shall anything be done therein either willfully or negligently which may be or become an annoyance or nuisance to the other unit owners or occupants.
C. Nothing shall be done to any building or any unit which will impair the structural integrity of the building or which will structurally change the building.
D. Notwithstanding any other provision herein to the contrary, Shenandoah Develoment Corporation retains the right, until all units are sold, to use any unit or units owned by it or by a.G. Hooper, Jr., Inc., a West Virginia corporation, for display purposes or for sales, construction or administration offices.
E. The grantees by their execution of this deed agree to become members of the Tuscawilla Hills Citizens Association, a non stock corporation and agree to be bound by the articles of incorporation, by-laws, rules and regulations, assessments, levies and decisions of the board of directors of said corporation.
F. No unit or lot shall be split, divided, or subdivided for sale, resale, gift, transfer or otherwise.
G. No boat, boat trailer, house trailer, trailer, camper, recreational vehicle, or any similar items shall be stored in the open on any unit or lot.
H. No building of temporary nature, nor trailer, nor mobile home, nor modular home, nor tent, except a child=s tent, nor any structure of any type excepting the dwelling house; and no more than one dewlling may be erected on any one unit or lot.
I. No manufacturing or commercial establishment of any kind shall be maintained on any unit or lot and no dwelling erected thereon shall be used for commercial purposes, nor shall said unit or lot in any way be used for other than strictly residential, but nothing herein contained shall be construed to prevent a bona fide lease of any dwelling house erected upon said lot, for residential purposes.
J. No signs, billboards, or advertising devices of any kind, except those used in any subsequent sale of the property, shall be placed or otherwise installed on any unit, lot or dwelling.
K. No animals, livestock or poultry of any kind shall be raised, bred or kept in any unit, except that dogs or cats not to exceed on per unit may be kept in the units provided such pets are contained within a fenced in area, or secured by a leash, chain or rope. No animals shall be allowed to roam freely within the subdivision.
L. No lumber, metals, bulk materials, refuse or trash shall be kept, stored, or allowed to accumulate on any lot, except building materials during the course of construction of any dwelling. All trash or other refuse must be kept or stored in covered metal or plastic containers. If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, containers may be placed in the open, on any day that a pick-up is to be made, at such place on the lot so as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner so they cannot be seen from adjacent and surrounding property.
M. No open fires shall be permitted on any part of the unit or lot.
N. No outhouses shall be permitted on any part of the property. All toilet facilities shall be contained within the dwelling house and be emptied into a public sewer system. All toilet and waste facilities shall be built and maintained in accordance with the requirements of the West Virginia State Department of Health.
O. No unregistered automobiles, trucks, motorcycles, motorbikes, or other vehicles, whether motorized or self propelled, shall be placed or parked anywhere within the subdivision; nor shall the same be driven or ridden upon any streets, roadways, alleys or sidewalks within the subdivision, nor upon any lot, open area or trail within the subdivision.
P. No motorbikes, trail bikes, motor scooters or the like, nor any snowmobile shall be driven or ridden anywhere within the subdivision, except upon the streets and roadways designated as such on plats of record.
Q. Interior fencing may be installed providing it is identical to the perimeter fence. The allowed location of interior fencing is shown on the location map drawn on the sheet of covenants and conditions running with Lots 121-128 in Plat Book 3 Page 42. Fencing may be lined with a wiring to prohibit the passage of dogs through the fence.
FURTHER COVENANTS TO BE CONTAINED IN EACH DEED FOR EACH UNIT
1. The grantees acknowledge that the unit or lot or parcel of real estate, the subject of this conveyance, is part of the Tuscawilla Hills Subdivision, as the same may be enlarged or diminished, which is being developed by the Shenandoah Development Corporation, a West Virginia corporation, hereinafter referred to as Shenandoah, in stages, and nothing contained herein shall operate to impose and apply the restrictive covenants and conditions hereinabove set forth, upon those areas within the Tuscawilla Hills Subdivision which have not been developed prior to the date hereof, and for which no plat has been made part of the public record prior to the date hereof. The grantees acknowledge that Shenandoah has reserved and retained the right to provide within the Tuscawilla Hills Subdivision areas for commercial, educational, civic, social, charitable, medical, and other purposes conducive to the convenience, health and general welfare of the lot owners within the Tuscawilla Hills Subdivision, provided such commercial, educational, civic, social, charitable, medical and other purposes does not violate any local, State or Federal land use laws or regulations.
2. Shenandoah has also reserved and retained the right to modify the restrictive covenants and conditions on any lot or lots shown on any plat thereof.
3. The grantees, for themselves and their heirs, successors or assigns, acknowledge that the property conveyed by this deed shall be subject to an annual charge or assessment in such amount as will be fixed by Shenandoah Development Corporation, its successors or assigns, in the manner hereinafter set forth, in the sum of at least $24.00 per lot. If actual costs for the purposes referred to herein exceed the revenue received as provided herein, the annual charge or assessment to the grantees may be increased, but only proportionately with other lot owners so as to meet actual costs. The successors or assigns of Shenandoah may include a property owners= association that may be organized for the purposes referred to herein and for other purposes, and, in case such association is organized the sums herein above mentioned shall be payable to such association. The grantees, for themselves, and their heirs, successors, or assigns, covenant that they will pay this charge to Shenandoah, or its successors or assigns, on February 1, in each and every year. Such charge shall be payable to Shenandoah, or its successors or assigns, and shall be devoted to the maintenance of the road within the Tuscawilla Hills Subdivision and for snow removal and for such other purposes as shall from time to time be determined by Shenandoah, its successors or assigns, The grantees, by the acceptance of this deed, expressly vest in Shenandoah, its successors or assigns, the right and power to bring all actions against the owners of the premises conveyed, or any part, for the collection of such charge.
4. The grantees, for themselves, and their heirs, successors or
assigns acknowledge that the property conveyed by this deed is to be served
with water and sewer facilities by Tuscawilla Utilities, Inc. with rates
approved by The Public Service Commission of the State of