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Transcription

1 KI~ BUDNER JENt!1fH: 0 MAGHAr!. 218 SlifLGllR D~~ JEfF Ef.:f.@ CGurty 02: 57: ~1 f'm Instnimrmt No 201;?03.3%'1 APPLE BLOSs8ffYft~AD{j~1 D 3~n Reco,-ds:j 0&/ 12/~{1'1 Ducu f1lsni: TYpe COl) Rook -F',)'Jl2 1O.',]..f,7B f<ecorrhry Fee $.5.0 ~) r~ (j':! iuon,]} $6. GO It is understood and agreed that this conveyance is made and accepted, and the real estate hereby conveyed, subject to the following covenants, conditions, restrictions, and reservations, which shall apply to, and run with the land; all successive future owners and occupants shall take and occupy subject to, and have the right to evoke and enforce, the covenants, conditions, restrictions and reservations herein contained. The right to bring an action is equity or at law for a violation of anyone or more of the restrictions, covenants, conditions, or reservations hereinafter set out, is hereby vested in the ARC, (hereinafter referred to as the Developers), their successors and assigns: 1. The lot herein conveyed shall not be further subdivided. 2. The principal improvement to be erected on any lot or parcel shall be a detached single family dwelling, which shall be used for residential purposes only. 3. All building and construction plans, including fencing and landscape plans, shall be submitted in writing to, and approved by the Architectural Review Committee (ARC), prior to construction. Written request must address matters of design, construction, floor space, materials, and detail of exterior. Chain link fencing is generally prohibited as is any boundary fencing bordering on the common areas. 4. The residential dwelling shall be primarily of brick, stucco, stone, vinyl siding, cedar, or Hardy board siding. With real wood construction, but in no event shall unpainted cinder block be exposed or visible above finished grade. No Metal or aluminum siding or soffit shall be allowed. 5. All toilet facilities shall be within dwellings and installed in accordance with current state and county health regulations. 6. No unlicensed vehicles nor construction or similar equipment shall be allowed to remain on real estate herein conveyed, except where housed in a closed structure. 7. Building set back requirements for any structure placed on any lot shall be twenty five (25) feet from the front boundary line, twelve (12) feet from the side and back boundary lines. This shall apply to any boundary line adjustments which may occur so as to improve building and usage. 8. Single story residence designs shall contain at least 1600 square feet of floor space. More than single story residence designs shall contain at least 1600 square feet of floor space. Floor space for this restriction shall not include porches, patios, carports, garages, basements, or any floor level below existing ground. Page I of 5

2 9. The real estate herein conveyed shall be uses exclusively for the purpose for the location of one single family residence only (including all purposes consistent with such single family residential usage), and no apartment house for profit of any kind shall be maintained on said lot. This covenant shall not be construed as to prohibit the rental to a single family of a residence located on a lot. Certain non-nuisance trades or protessions from a room or rooms in a residence, such as physicians, sales, computer operators, or crafts shall not create a nuisance or safety hazard as determined by majority vote of the association. 10. Only two sheds and one detached garage will be permitted per lot, and the garage roof design shall conform to that of the house. Garage will not be bigger than your house. None of the forgoing shall be built without prior written permission from the (ARC) 11. It shall not be a violation of these restrictions for the owner of two adjacent lots to erect a dwelling or outbuilding closer to the common boundary line between said lots than the setbacks herein permit. Once two lots are so joined, they shall be deemed one lot for all purposes, exempting for road maintenance fees, and shall be henceforth be used for single residence. Utility easements reserved along common boundary lines shall be deemed released upon construction thereon. 12. The Home Owner will be responsible to keep their real estate herein conveyed, on any lot hereinafter created from the land herein conveyed, shall be kept in a clean, neat and mowed condition at all times. 13. All boundary fencing along common interior access right-at-ways shall have a front setback of ten (10) feet to permit access to a ten foot wide utility easement along said footage. Boundary fencing on side and rear lot lines shall be placed on the property lines. 14. All utilities Shall be installed underground. 15. Permanent access to lots shall be limited to only one entrance per lot except lots with circular driveways which may have two entrances per lot after being approved by the ARC prior to construction. Culvert pipes andlor permanent depressed gutters installed to standard design practices may be necessary so as not to impede the flow of storm water drainage and, if necessary. shall be installed prior to the construction of a dwelling on said lot. Further temporary construction entrances of any kind are prohibited. 16. Internal combustion recreational vehicle operation to include but not limited to ATV's, Motorcycles, and Mini Bikes. even within lots, is prohibited, except licensed RV use on interior Page 2 of 5

3 REVlSION 2008 roadways is permitted for the purpose of ingress and egress to and from West Virginia Route 13/ This conveyance is made subject to the road, storm drainage and utility easements shown on the above described plat. An additional ten foot wide utility easement is reserved along the frontage utility easement as well as along West Virginia Secondary Route 13/1. A ten foot wide utility easement is also reserved along all side and rear lot lines. 18. AJllot owners in the subdivision, by acceptance of a deed for a lot in said subdivision, agree for themselves, their heirs and assigns, to become members of the Lot Owners Association established said subdivision. Voting in this association shall be restricted to one vote for each lot, and where two or more person's proprietary interest in the same lot they shall be entitled to but one vote. All of said lot owners, excluding the developers so long as they retain unsold lots, further agree to pay an annual Lot Owners Association Fee, or assignment, in the amount to be established by the Lot Owners Association to be used exclusively for the improvement and maintenance of any boundary fences along State route 1211, the framing of the subdivision entry, the subdivision bus/mail shelter, common areas, right-of-way, roads, and the removal of snow therefrom, and any liability insurance premium required to maintain a typically adequate level of insurance coverage that will cover for any liability loss associated with either the use by lot owners or the general public of roads, entry way, rig hts-of-ways, bus/mail shelter, common areas, and boundary fences of the subdivision. or by activitie~ performed by any and all parties in the course of improving or maintaining these areas. The said fee is hereby fixed initially at $ per lot per annum. Amendment - Association fee to be increased to $ per lot per annum. Amendment effective January The above mentioned payments are due on or before July 1 S! of each year. A Late fee of $50.00 (fifty dollars) will be assessed for any payments received after the 1 S! of July. Fees for lots purchased during the year shall be prorated from the date of the deed. Maintenance and snow removal and the payment thereof shall be administrated solely by the Lot Owners Association. 19. Severability is reserved so that abrogation or court decree affecting any of these covenants leaves the others unaffected and operational. 20. No noxious or offensive activity shall be permitted on any portion of the property, nor shall anything be done thereon which may be or become an annoyance, hazard or nuisance. Special attention, in this regard, will be paid to the brightness and glare of said exterior lighting. 21. No signs shall be erected, permitted or maintained upon the property without the written consent of the ARC. 22. The developers or their successors reserve a right-of-way with right of entry over, upon and across the property herein conveyed for the purpose of constructing, operating and Page J of 5

4 COv7 NANTS AND RESTRICfIONS RE\1SI0N 2008 maintaining public or private utility property within the whole subdivision, and the right to grant such utility easements is hereby expressly reserved to the developers or their successors. But in the exercise of this reserve right the Developers expressly covenant with the grantee that they will restore the premises upon which the right is exercised to as near its former condition as possible. 23. The Developers here by declare that the covenants herein contained are part of a general scheme for the uniform development of this subdivision. But notwithstanding such general scheme, the Developers reserve the right, in their discretion, to alter and modify the covenants herein contained as to each particular lot in said subdivision so long as the scheme is generally maintained. In all covenants where numbers of figures are used, the right is reserved by the Developers to change said numbers or figures so long as the general scheme is not substantially altered. 24. These protective covenants represent a private agreement between the Developers, their heirs or assigns, and the Grantees. their heirs or assigns. All parties recognize that the Jefferson County Planning Commission assumes no responsibility to oversee or enforce the terms of these covenants. 25. Access to the property herein conveyed shall be via interior streets and roads of this subdivision, and not from West Virginia Secondary roads directly. 26. All dogs and pets are the responsibility of each lot owner, to keep under control on a leash, in a fenced yard or in a run. Owners are responsible for cleaning animal feces. If any animal is demonstrated to be dangerous or a substantial nuisance the Developers or their successors also retain the right to prohibit the animal from being kept within the subdivision. 27. All areas indicated as commons shall not be used for commercial or domiciliary use. 28. No trash, rubbish, or other waste shall be allowed to accumulate on any property. No burning or burying of trash or chemically treated wood shall be permitted on any property. All trash and garbage cans or receptacles shall be stored out of view of neighboring lots, roads, or streets, except at times of scheduled garbage or trash pick-up. 29. No unregistered automobiles, trucks, motorcycles, or other vehicles shall be placed or parked upon any property within the subdivision, unless enclosed and hidden from view. No permanent parking shall be permitted on any street or road within the subdivision. Page 4 of 5

5 30. No lot owner shall keep or maintain registered vehicles on their lot, other then on driveway or inside any improvement thereon, on a regular or continuing basis. Lot owners shall be responsible for the repairs of subdivision road damage caused by the use of motor vehicles operated by themselves, family, guests, or building contractors that they employ, and if such repairs are not accomplished in a satisfactory fashion by the lot owner, the Lot Owners Association may have the repairs perlormed and shall have a course of action against the lot owner for the cost of the repair. 31. No private or public hunting shall be permitted anywhere within the developed or undeveloped land of the subdivision. The discharge of all firearms is prohibited. 32. During construction, lots shall be kept free and clear of unnecessary and unsightly debris. Construction cleanup should occur at a reasonably periodic basis during construction and final cleanup shall be done immediately after construction has been completed. Further construction debris must be removed promptly and neither burned or buried. Drainage patterns must be protected during construction and active measures undertaken to minimize wind and water erosion precipitated by earthwork. In addition there must be strict compliance with platted water and erosion control easements and devices. WITNESS the following signatures and seals: scon WARREN, President of Apple Blossom Meadows Home Owners Association STATE OF /tfamtlfnp, COUNTY OF M(JI1ITb~~, to-wit: I, J;_~_'lJ_rvr.N_I1_'lJ_tJ_u-_;., a notary public of said county and state, do certify that SCOTT WARREN, President of Apple Blossom MeadOWS Home Owners Association, whose name is signed to the foregoing instrument, was acknowledged before me on this the _...,,',,-Y_. day of MA-Y_, I My Commission expires: l~---s-an-d-~-n-~---le----~ Notary liub!lg.maryllnd M!"tgOmerv County Page 5 of 5 I. Ml.. PI'n...'I'II.1l10n hq.lr foloto...f 1. I agg9