COVENANTS AND CONDITIONS
RUNNING WITH LOT 129 THRU 157
I. The grantees acknowledge that the 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.
II. 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.
III. 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, its successors or assigns, 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 hereinabove mentioned shall be payable to such association.
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. according to terms, conditions, regulations, and rates established by Tuscawilla Utilities, Inc. and approved by The Public Service Commission of the State of West Virginia. These restrictive covenants represent a private agreement between the Subdivision Owner, Developer and Individual Lot Purchasers. The Jefferson county Planning Commission assumes no responsibility to oversee or enforce the terms of the covenants.
It is the understood and agreed that this conveyance is made and accepted, and the real property is hereby granted, on and subject to the following covenants, conditions, restrictions, and reservations, which covenants, conditions, restrictions, and reservations shall apply to and run with the property herein conveyed; all successive future owners and occupants have the same right to invoke and enforce the covenants, conditions, restrictions and reservations applicable to the conveyance as the original parties hereto.
A. No lot shall be split, divided, or subdivided for sale, resale, gift, transfer or otherwise.
B. No boat, boat trailer, house trailer, trailer, camper, recreational vehicle, or any similar items shall be stored in the open on any lot.
C. No building of temporary nature, nor trailer, nor mobile home, nor modular home, nor tent, except a child=s tent shall be erected or placed on the property, except that this shall not be construed to prohibit the placing of a trailer or any other temporary structure upon the premises as an incidence to the construction of dwelling houses upon said premises.
D. No temporary building, trailer, basement, tent, shack, garage, barn, outbuilding or other building in the course of construction shall be used temporarily, or permanently, as a residence on any lot.
E. Dwellings on lots #129 - 135 shall have ground floor area exclusive of porches, patios and garages of not less than 1200 square feet in the case of a one-story structure, nor less than 900 square feet in the case of one and one-half or two-story structures. Dwellings in lots #136-#157 shall have ground floor area exclusive of porches, patios and garages of not less than 1000 square feet nor less than 900 in the case of a one-half, two story structure.
F. No more than one dwelling may be erected on any one lot, except on those lots designated for multiple units.
G. Garages, carports or car shelters shall be attached to and remain a part of the main dwelling structure.
H. When any dwelling structure shall be constructed on any lot, the owner thereof shall cause that portion of such lot owned by him and not improved by said dwelling structure, other building, appurtenance or driveway to be seeded and suitably planted with grass, trees or shrubbery.
I. Each owner shall keep all lots owned by him, and all improvements therein or thereon, in good order and repair, including but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management.
J. No manufacturing or commercial establishment of any kind shall be erected on said property and no building erected thereon shall be used for commercial purposes, nor shall said property 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.
K. 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 lot or building within the subdivision, except that the Grantor may use signs to promote the sale of improved or unimproved lots within the subdivision.
L. Domesticated house pets shall be allowed within the subdivision, 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.
M. 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.
N. No open fires shall be permitted on any part of the property. Outdoor fireplaces, if built, and all chimneys shall be provided with fire screens.
O. 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 sewage system. All toilet and waste facilities shall be built and maintained in accordance with the requirements of the West Virginia State Department of Health.
P. 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.
Q. 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.
R. No fence shall be permitted within the subdivision except fences erected by the developer, Shenandoah Development Corporation; or Tuscawilla Utilities, Inc.; or by individual lot owners, provided that the lot owners fence by along their back property lines, along their side property lines to points opposite their front building line, and across their lot from said points to the front corners of their house. Only four (4) feet in height from ground to the top of the fence.
S. Extreme outside lines of dwellings including attached garage, porch or carport shall not be less than thirty-five (35) feet from the street it faces nor less than twelve (12) feet from the side and rear lot lines; except that dwellings on lots $152 - $157 shall have zero side line restrictions on one side (thus allowing duplex units on these lots).
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