Amended Restrictive Covenants for

Kanawha Valley

Carroll County, Virginia

 RESTRICTIVE COVENANTS FOR “KANAWHA VALLEY”, A DEVELOPMENT IN

 CARROLL COUNTY, VIRGINIA, BEING THE LAND CONVEYED TO HENDRIX

 ENTERPRISES, INCORPORATED, BY SERETA  MCGRADY GOAD AND HUSBAND, OF

 RECORD IN DEED BOOK    # 206    AT PAGE    # 35   .

             The written consent of 79 % of the property owners having been obtained on or about the 11th day of September, 2002, it is hereby agreed that the following Amended Restrictive Covenants shall replace those previously recorded in Deed Book 230 at Page 59 the property known as “the Kanawha Valley Development”.  These restrictions and covenants are to run with the land, and shall be binding on all parties and persons claiming under them. Said restrictions shall be automatically extended for successive periods of ten (10) years each, unless by the written consent of these owners of more than 75 percent of the lots covered by these restrictions, it is agreed to change said restrictions in whole or part.

 1.  All lots in the tract, except those otherwise designated on the surveyed plat, shall be used for residential purposes only.  No residential building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling of no more than two stories in height, exclusive of basement. The purchase or construction of houses intended primarily as rental property shall not be allowed.

 2.  All residential buildings shall have at least five hundred (500) square feet of floor space on main floor unless otherwise specified, exclusive of porches, patios, basements, and garages. Detached garages and storage buildings are permitted for non-residential purposes. 

3.  No structure of a temporary character, trailer, mobile home, basement (unless basement is a part of the house erected at the same time), tent, shack, garage, barn or other out-building, shall be used on any lot at any time as a residence either temporary or permanent, unless expressly agreed to in writing by the Kanawha Valley Property Owners Association.  On any lot where a house is being built, a camper will be permitted for no more than one year, and only when the house is under construction. 

4.  All building material used in the construction must be of quality grade, and the builder must comply with all standards of the Carroll County building code 

5.  The right of access for the installation of utility services and their maintenance shall be reserved including telephone, power, well houses, water lines, sewers and repair of easements of roadways.

            The Kanawha Valley Property Owners Association will be responsible for maintaining the central water system up to and including the primary cut off valve for each property owner on the system. If a problem occurs beyond the cut off valve, it is the responsibility of the homeowner to make repairs in a timely manner. The Association retains the right to cut off water to individual homes in order to maintain the system. Notice will be provided to affected property owners when feasible.

6.  No outside toilets or privy shall be constructed or used on any lot. 

7.  No lot shall be used or maintained as a dumping ground for rubbish.  Furthermore, the collection or accumulation of trash, garbage, abandoned vehicles or rubbish shall not be allowed and all such items must be immediately removed from the premises.  All property shall be kept in an orderly, sanitary condition at all times. 

8.  No noxious, disturbing or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be considered an annoyance or nuisance to the neighborhood. 

9. The Kanawha Valley Property Owners Association endorses all local animal control ordinances.  When not on owner’s property, all dogs must be kept on a leash.  Any excessive barking, whining or disturbing noises caused by animals which constitutes a nuisance or annoyance and interferes with the rights, comfort or convenience of other residents is prohibited. 

10.  As the owner of any lot, said owner shall have the right of recreation privileges for the use of Burks Fork Creek, with the right to swim, bathe, fish or enjoy the same up an easement extending 10 feet from the water line on each side of Burks Fork Creek, which said land covered by this easement shall be immune from any trespass notices erected by any of the land owners within this development. 

11.  Motor bikes and other recreational vehicles such as power scooters, snowmobiles and 3-or-4 wheel multi terrain vehicles shall not be permitted on Kanawha Ridge Road and Blackhawk Trail except as a means of access to or exit from a designated lot. 

12.  Livestock will be permitted only in designated areas.  No livestock will be allowed on roadways in the development beyond the beginning of Blackhawk Trail. 

13.  No lot or groups of lots may be re-subdivided to produce a greater number of lots. 

14.  Property owners shall agree to seek the betterment of the scenic values of the development, including cooperation in the removal and/or trimming of trees and other vegetation pertinent to the scenic views of adjoining property owners. 

15.  Property owners within the Kanawha Valley Property Owners Association shall be subject to an annual assessment for the care and maintenance of roads within the development.  Owners of developed lots that utilize the central water system shall also be subject to an annual assessment for the care and maintenance of the central water system within the development.  The amounts of these assessments shall be established by the Association’s Board of Directors and are subject to approval by the membership. It is expressly agreed that all unpaid assessments will constitute a lien on the subject property, and it is further agreed that by the act of purchase of any lots in the Kanawha Valley Development the owner shall have accepted the obligation to pay the assessments set forth herein. 

16.  No “FOR SALE” signs may be placed on any lot in excess of 18 by 24 inches in size. 

17.  These covenants and restrictions shall be binding upon all owners of lots herein, their heirs and assigns, executors, and personal representatives. 

18.  The invalidation of any of the covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 

            WITNESS the following signatures and seals. 

                                                            Kanawha Valley Property Owners Association 

                                                            BY ___________________________  PRESIDENT 

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