DEED BOOK NO.369 --------BERKELEY COUNTY, W. VA.
SYLVAN GROVE SUBDIVISION, SECTION II
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS
This Declaration made this 13th day of December 1982, by PIONEER BUILDERS INC., a West Virginia corporation.
WHEREAS, the undersigned is the owner of all those certain lots, pieces, or parcels of land, situate, lying and being in Mill Creek District, Berkeley County, West Virginia known as Sylvan Grove Subdivision, Section II-A, Section II-B, Section II-C, and Section II-D, a plat of said sections are of record in the office of the Clerk of the County Commission of Berkeley County, West Virginia, in Map Slide Cabinet 1, slide 73, 74, and 75, respectively; with the exception of two prior sales hereinafter mentioned; and
WHEREAS, the present owner of said parcels of real estate has established a general plan for the improvement and development of said parcels of real estate; and
WHEREAS, developer has previously sold lot 9, section Section II-B to Dirk E. Baer and has sold lot 19, Section II-B to Allan W. Shockey, husband and wife, all of which parties enter this Declaration to establish agreement as to the covenants, conditions, restrictions, and easements for all of Section II of Sylvan Grove which shall apply to both of the previously sold lots and to remaining lots in Section II of Sylvan Grove Subdivision; and
WHEREAS, in the deeds to “Baer” and “Shockey”, other covenants, conditions, restrictions, and easements were set forth which all of the parties hereto desire to terminate;
THEREFORE, the parties hereto agree to the following which shall apply to all of the lots in Section II of Sylvan Grove as more particularly set forth on the plats previously mentioned.
WITNESSETH: That the said Pioneer Builders Inc., its successors and assigns, does hereby establish and impose on the aforementioned subdivision the following covenants, conditions, restrictions and easements, to be observed and enforced by the said Pioneer Builders Inc., its successors and assigns, and all purchasers of lots within said subdivision, as follows:
1. Residential Use: Such lots, and each and every one thereof, are for single-family residential purposes only. No building or structure intended for or adapted to business purposes, and no apartment house, double house, lodging house, rooming house,
hospital, sanatorium or doctor’s office, or other multiple-family dwelling shall be erected, placed or permitted, or maintained on such premises, or on any part thereof. No improvement or structure whatever, other than a first-class private dwelling house, patio walls, swimming pool attached garage or carport may be erected, placed, or maintained on any lot in such premises.
2. Subdivision of lots: No lot within the subdivision shall be split, divided or subdivided for sale, resale, gift, transfer or otherwise.
3. Setback Lines: No house or other structures hall be erected closer from the property lines on the front, side, or rear than as set forth on the plat of Sylvan Grove Subdivision, Section II-A, II-B, II-C, and II-D as recorded in plat cabinet 1, slide 73,74,and 75.
4. Minimum Building Requirements: No structure shall be erected, placed or be permitted to remain on any lot within said subdivision other than a one-detached
single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars, and such other outbuildings incidental to residential use. The ground floor area of the main dwelling shall not be less than one thousand (940) square feet for a one story dwelling and eight hundred twenty five (825) square feet for a two story dwelling exclusive of garage, covered walks, basements and open porches.
5. Temporary Structures: No outbuilding, garage, shed, tent, trailer, or temporary building of any kind shall be erected, constructed or permitted or maintained prior to commencement of the erection of a residence, as is permitted hereby, and no outbuilding, garage, shed, tent, trailer, basement, or temporary building shall be used for permanent or temporary residence purposes; provided, however, that this paragraph shall not be deemed or construed to prevent the use of a temporary construction shed during the period of actual construction of any structure on such property, nor the use of adequate sanitary toilet facilities for workmen which shall be provided during such construction.
6. Completion of Construction: Construction of all buildings erected upon any lot within said subdivision shall be completed within one (1) year from the start thereof, provided that the Building Committee may extend such time when, in its opinion, conditions warrants such extension.
7. Approval of Construction Plan by Building Committee: All plans for the construction of private roads and driveways and all building plans for any building, fence, wall, or structure to be erected upon any lot within said subdivision, and any changes after approval thereof, any remodeling, reconstruction, alteration, or addition to any building, road, driveway, or other structure upon any lot in said subdivision shall first require the approval in writing of the building committee.
The Building Committee shall consist of three persons as appointed by Inwood Center Associates its successors or assigns.
Before beginning the construction of any road, driveway, dwelling, building, fence, wall or other structure whatsoever or remodeling, reconstruction or altering of such road, driveway, or other structure upon any lot, the person or persons desiring to erect, construct or modify the same shall submit to the Building Committee two (2) complete sets of plans showing the desired erection, construction, or modification. No structure of any kind, the plans of which have not received the written approval of the Building Committee and which do not comply fully with such approved plans and specifications, shall be erected, constructed, placed or maintained on any lot in the subdivision. The approval of such plans and specifications shall be evidenced by the written endorsement on such plans and specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway or other structure is contemplated prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of the Building Committee. The Building Committee shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans or specifications. Failure by the Building Committee to give its written endorsement on such plans and specifications within a period of thirty (30) days after such plans and specifications shall have been delivered to the Building Committee shall be deemed as consent of such plans and specifications by the Building Committee.
8. Utility Easements: An easement ten feet (10) in width along the front, side and rear lines of all lots within said subdivision is hereby reserved for the purpose of allowing the installation maintenance of all residential utility service to all lots within the subdivision
9. Nuisance: No obnoxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which maybe or become an annoyance or nuisance to the neighborhood. No vehicle unless currently licensed shall be allowed to remain on any lot within said subdivisions, nor shall any vehicle be allowed to remain in a state of repair so as to be offensive to the eye.
10. Pets: No livestock or other animal shall be raised or kept on any lot within said subdivision other than household pets.
11. Signs: No billboards or advertising signs of any character shall be erected, placed, permitted or maintained on any lot or improvement thereon, except as herein expressly permitted. A name and address sign shall be permitted. No other sign of any kind or design shall be allowed except when the same is necessary to promote the sale of the property in and the development of all lots within said subdivision. Nothing herein shall be construed to prevent Inwood Center Associates, its successors or assigns, from erecting, placing, or maintaining sign structures and offices as may be deemed necessary by them for the operation of the subdivision.
12. Streets: All streets shown upon the recorded plat of said subdivision are dedicated for public use, including the free use thereof for the installation, maintenance and operation of all public utilities for the purpose of providing residential service to lots within the subdivision.
13. 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 of 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 rules of the Sylvan Grove Subdivision Homeowners Association; provided, however, that no lot owner of any lot within Section I of the Sylvan Grove Subdivision shall be responsible for or assessed for the costs of any installation, maintenance or use of any central sewage systems installed in any other section of said subdivision. As a member of the Sylvan Grove Subdivision Homeowners Association, each and every lot owner of Sylvan Grove Subdivision III shall have the use and benefit of the central sewage system and sewage plant constructed on Sylvan Grove II property.
14. 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.
15. Enforcement: Enforcement shall be by proceeding at law or in equity against any person or 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 costs of any such suit to enforce compliance with these covenants.
16. Severability: Invalidation of any of these covenants, conditions, restrictions by judgment or by Court Order shall in no way affect any of the other provisions which remain in force and effect.
The parties hereto agree to accept these as the covenants, conditions, restrictions, and easements for all of Sylvan Grove, Section II-A, II-B, II-C, and II-D and waive any prior restrictions set forth on previously conveyed lots in Sylvan Grove, Section II-A, II-B, II-C, and II-D
IN WITNESS WHEREOF, Pioneer Builders, Inc.,, a West Virginia corporation, has caused this instrument to be executed on its behalf by its President, and attested by its Secretary this 13th day of December, 1982.
THIS DOCUMENT PREPARED BY: Richard A. Pill; Attorney at Law, of the law firm of Pill & Scales, 415 North Queen Street, P.O. Box 440, Martinsburg, West Virginia 25401
WHEREAS, the undersigned are the owners of Lot No. 1, Section II-A of Sylvan Grove Subdivision, the same having been conveyed to them by Pioneer Builders, Inc. , a corporation, by deed dated December 13, 1982, and recorded in the office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed Book No._____, at page_____; and
WHEREAS, Pioneer Builders, Inc., a corporation, has recently amended its Declaration of Covenants, Conditions, Restrictions and Easements with respect to Sylvan Grove Subdivision, Sections II-A, II-B, II-C, and II-D; and
WHEREAS, the undersigned desire to join into said Amended Declaration for the purpose therein set forth.
NOW, THEREFORE, WHITNESSETH: That the undersigned, Kenneth L. Snyder and Linda Snyder, do hereby join in the execution of the aforesaid Amended Declaration, and do hereby agree that title to Lot No. 1, Section II-A of Sylvan Grove Subdivision shall be held and transferred by them subject to and together with all the Covenants, Conditions, Restrictions, and Easements set forth in said amended Declaration
This instrument was prepared by James D. Steptoe Attorney