COVENANTS AND CONDITIONS
RUNNING WITH LOT 398 THRU 415
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 the right to bring an action in equity or at law for a violation of any one or more of the restrictive covenants, conditions, restrictions, or reservations, hereinafter set out, is hereby vested in any one or more lot owner(s) in the Tuscawilla Hills Subdivision and/or the Tuscawilla Hills Citizens= Association, Inc., a West Virginia Corp.
1) No lot shall be split, divided, or subdivided for sale, resale, gift, transfer or otherwise.
2) No boat, boat trailer, house trailer, trailer, camper, recreational vehicle, or any similar items shall be stored in the open on any lot. Provision for storage of said items will be made on Tuscawilla Utilities, Inc. property.
3) 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.
4) Shenandoah Development Corp. reserves the right to have final approval of the architecture, size, and siting of all houses and any accompaning structures on all lots.
5) Satellite dishes are permissible if they are placed on the rear portion of the lot and not visible from the street.
6) 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.
7) Storage or utility buildings or greenhouses may be constructed provided they are of a design so as not to detract from nor diminish the value of the homes in the subdivision, and have concrete foundations. Said structures must be placed in the rear portion of the lot and must not be any nearer than six (6) feet from the rear or side property lines of the lot.
8) No more than one (1) dwelling may be erected on any one lot. No more than one (1) family will be permitted to occupy any dwelling.
9) 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.
10) 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.
11) 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.
12) 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.
13) 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.
14) 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.
15) 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.
16) 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.
17) No motorbikes, trail bikes, motor scooters or the like, nor any snowmobile shall be driven or ridden anywhere within the subdivision.
18) Notwithstanding any other provision herein to the contrary, Shenandoah Development 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.
19) 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 be 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 wooden or chain link fencing will be permitted provided such fencing shall not exceed five (5) feet in height from ground to the top of the fence. In the case of a swimming pool a fence higher than five (5) feet will be permitted around the pool area. Wooden post and rail fencing will be permitted to extend up to but not beyond front outside corners of the property, provided that such fencing shall not exceed five (5) feet in height.
20) Extreme outside lines of dwellings excluding porches 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. Sides of Lots 345 and 346 abuting 60 foot R/W to have five (5) foot minimum setback.
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.
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.
TUSCAWILLA HILLS ROAD MAINTENANCE AGREEMENT
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 $5.00 per lot. 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. At the present time said property owners= association is the Tuscawilla Hills Citizens= Association, Inc., a West Virginia Corporation. 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. Increases in the amount of the annual charge or assessment shall be approved by a majority of the lot owners (one vote per lot) attending the January meeting of said property owners= association. Written notice of such meeting shall be mailed by Shenandoah, its successors or assigns to all lot owners in the subdivision informing them of the time, date, place, and purpose of such meeting at least five days in advance of such meeting. 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. Such other purposes may include, but are not limited to, costs of street lighting, street signs, maintenance, taxes, insurance premiums, lighting and other expenses incidental to maintaining mailbox facilities; maintenance of common areas. Although sidewalks in this section are a part of road right of way, maintenance and snow removal of sidewalk abutting each lot is responsibility of said lot owner. The degree and frequency of road maintenance shall conform to the specifications proved in Article 13, Section 13.0, et seq., Jefferson County Subdivision Ordinance, effective July 19, 1979. At each of the aforesaid January meetings an accounting of income and expenses of the previous year=s activity under the aforesaid road fund shall be made available to lot owners in attendance by Shenandoah, its successors or assigns, ownership, operation, maintenance and regulations, including regulation of traffic, of all roads, rights of way, street lights, mailbox facilities and common areas shall be under the exclusive control of Shenandoah or its authorized designee. At such times as Shenandoah may select, but in any event, no later than a point in time at which Shenandoah is not longer engaged in the development of the Tuscawilla Hills Subdivision, as the same may be hereafter enlarged, Shenandoah shall transfer and assign such ownership, operation, maintenance and regulation of all roads, rights of way, street lights, mailbox facilities and common areas to the property owners= association and the responsibility for the maintenance and regulation shall thereafter rest with such property owners= association. 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. A penalty of 1% per month may be assessed against the unpaid balance of any past due annual charge or assessment.
The grantees by their execution of this deed, agree to become members of the "Tuscawilla Hills Citizens= Association, Inc.", a non stock corporation, and agree to be bound by the Articles of Incorporation, By-Laws, rules and regulations, assessments, and decisions of the Board of Directors of said corporation.
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.
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