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DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR DEER MOUNTAIN ESTATES

 

 

This declaration made this 1st day of March, 1989, by Robert L Kaetzel and Michael S. Dixon

 

WHEREAS, the undersigned are the owners of all that certain lot, piece or parcel of land situate, lying and being in the Harpers ferry District, Jefferson County, West Virginia, known as Deer Mountain Estates, a plat of said subdivision of record in the Office of the Clerk of County Commission of Jefferson County, West Virginia, in Plat book 8, at Pages 6-6A-6B-6C.

 

WHEREAS, the present owners of said parcels of real estate have established a general plan for the improvement and development of said parcels of real estate.

 

WITNESSETH that the said Robert L Kaetzel and Michael S. Dixon, their successors and assigns, do hereby establish and impose on the aforementioned subdivision the following covenants, conditions, restrictions and easements, to be observed and enforced by the said Robert L. Kaetzel and Michael S. Dixon, their successors and assigns, and all purchasers of lots within said subdivision, as follows:

  1. No lot shall be split, divided, or subdivided by sale, resale, gift, devise, transfer or otherwise.
  2. No house trailer or mobile home or any similar item shall be stored in the open on any lot.
  3. No building of a temporary nature, nor trailer, nor mobile home, nor tent, except a child’s tent, shall be erected or placed on any property.
  4. 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.
  5. No more than one dwelling may be erected on any one lot.  No dwelling using modular components shall be permitted, and none shall be of log or block construction, nor shall roofs be permitted to be white or light gray or have pitches less than 5/12.
  6. No dwelling or other structure shall be erected until the plans and specifications, including exterior color design, have been submitted to and approved in writing by the Developer, its successors or assigns, or their authorized agents.  Approval of plans and specifications shall not be arbitrarily or unreasonably withheld.  Further, any building commenced on said property shall be completed within one year of said commencement date.
  7. Dwellings must be completed before being occupied and all dwellings must be finished on exterior so as not to detract from the value of other property owners.  Dwellings shall not be left with exposed cinder blocks or any type of temporary siding or sheathing.  (In no instance shall any exterior be left unfinished more than 180 days from beginning of construction.)  If poured concrete walls are used, then they must be painted the matching color of the exterior siding; if brick or stone is used as the dwelling face, then the brick or stone must extend to the grade level.  Any exposed masonry must be covered with brick or stone to grade level.
  8. Dwellings must have a minimum of 1,900 square feet of living space, excluding basement and garage space.  Further, the developer or his assigns reserves the right to selectively increase the minimum square feet requirement.
  9. Outbuildings erected on each lot are to be limited to those users related to single-family dwellings and no structure shall be of unfaced concrete block or unfinished materials.  Grantor or his agent shall review all such structures to determine that it shall not detract from the appearance of any home.
  10. No fence shall be permitted within the subdivision except fences constructed of board, stone, hedge, wooden picket, or split rail and provided said fences be placed along the back property line, along the side property lines to points not to exceed the rear building line, and across the lot from said points to the rear corners of the building (dwelling).  Privacy fences may be erected around the perimeters of swimming pools and tennis courts.  The design of all private fencing must be approved by the developer, his successors or assigns prior to construction.
  11. 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 an individual septic tank and drainage field sewage disposal system or 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.
  12. 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 properly graded, seeded and suitably planted with grass, trees, or shrubbery.
  13. Each owner shall keep all lots owned by him, and all improvements therein or thereon, in any 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.
  14. 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 purposes, but nothing herein contained shall be construed to prevent a bona fide lease of any dwelling house erected upon said lot, for residential purposes.
  15. 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 developer may use signs to promote the sale of improved or unimproved lots in the subdivision.
  16. 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.  No livestock, including but not limited to, cattle, hogs, horses, ponies, chickens, goats, or fowl of any kind shall be permitted on the premises.  Dogs, cats and other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose.
  17. 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 restored in such a manner so they cannot be seen from adjacent and surrounding property.  No noxious or offensive activity shall be permitted on any lot, nor anything done thereon which may become a nuisance to the neighborhood.
  18. No open fires, other than cooking grills, shall be permitted on any part of the property.  Outdoor fireplaces, if built, and all chimneys shall be provided with fire screens.
  19. No unregistered automobiles, trucks, motorcycles, motorbikes, or other vehicles, whether motorized or self-propelled, shall be parked or placed anywhere within the subdivision, nor shall the same be driven or ridden upon any streets, roadway, alleys or sidewalks within the subdivision, nor any open lot, open area or trail within the subdivision.  No on-street parking shall be permitted of any vehicles, nor shall unlicensed or unused vehicles or commercial vehicles be parked or abandoned on any lot.
  20. No motorbikes, trail bikes, motor scooters or the like, nor any snowmobile shall be driven or ridden anywhere within the subdivision.
  21. Driveways to house sites on all lots shall be constructed by the Grantee at his cost with a culvert (metal drain) across the front of said driveway.  Specifications for each culvert must be approved by the Developer or his authorized agent.
  22. The Developer reserves unto itself, its successors and assigns, a utility and/or drainage easement ten (10) feet in uniform width along the front, sides and rear of each lot.
  23. All public utility services shall be buried below ground on all subdivision lots.
  24. No television, radio, or other type antenna or satellite dish shall be erected on any portion of a lot except behind the rear line of a residence and not more than twenty-five (25) feet from the rear building line of the residence.
  25. No private or public hunting shall be permitted anywhere within the developed or undeveloped lands of the subdivision.  No rifle or revolver shooting shall be permitted within the boundaries of land controlled by Deer Mountain Estates.
  26. No lot shall have access to any road other than those of Deer Mountain Estates.
  27. No Churches or houses of worship shall be permitted within the boundaries of Deer Mountain Estates.
  28. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other of the covenants or restrictions, which shall remain in full force and effect.
  29. Homeowners Association.  For the purpose of maintaining roads, traffic control, general planting within roadway areas, and all community services of every kind and nature required and desired within said subdivision for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed for any lot in said subdivision, agrees to and shall be a member of and shall be subject to the obligations and duly enacted by-laws and non-profit association.  It is also understood that such lot owner in said subdivision shall be obligated to pay Ninety Dollars ($90.00) Road Maintenance fee on the first day of each year to the Deer Mountain Improvement Association.  However, the annual average common expense liability of each residential lot unit exclusive of any optional user fee or any insurance premiums as established by said association, may not exceed $100.00 as adjusted pursuant to §36-B-1-114 and §36B-1-203(2) of West Virginia Code Annotated.  The developers, their successors or assigns, shall be exempt from the maintenance fee on the original subdivision. Of lots until such time as all the lots have been conveyed by Deer Mountain Estates to a third party.  Developer shall be under no obligation to maintain the roads in said subdivision and shall convey Deer Mountain Estates to the Homeowners Association after 75% of the lots are sold.
  30. Duration.  These covenants, conditions, restrictions and easements are to run with the land and shall be binding on all parties and persons claiming under them for a period of twenty-five (25) years from the date of recording of these covenants.  After such time, the said covenants, conditions, restrictions and easements shall be automatically extended for such successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots within the said subdivision has been recorded, agreeing to change said covenants in whole or in part.
  31. Enforcement.  Enforcement shall be by proceedings at law or in equity against any persons violating or attempting to violate any covenant, either to restrain violations or to recover damages, and furthermore, the person or persons in violation shall pay all cost of any such suits to enforce compliance with these covenants.
  32. Severability.  Invalidation of any of these covenants, conditions and restrictions by judgment or by court order shall in no way affect any of the other provisions which remain in force and effect.

          

             Witness the following signatures and seal as of the date first hereinabove.

             Signatures of Robert L. Kaetzel and Michael Dixon, signed 1 March 1989.

 

This document is recorded at the Clerk of Court for Jefferson County, WV.