The owners of Valleyview Homesteads have instituted rules and regulations to protect the investment of buyers. The regulations will protect property values and ensure that the community is well kept. Following are the conditions and restrictions that must be signed under contract by any buyer.
THAT, WHEREAS, the individuals who own certain real property in
Morgan County, Kentucky, (hereinafter referred to as the “Property” or the
“Community”) that is being developed as a residential community and marketed
as VALLEYVIEW HOMESTEADS.
WHEREAS, Valleyview Homesteads desires to subject the Property, together with
such additions and improvements as may hereafter be made thereto, to the covenants,
conditions, restrictions, easements, charges and liens as contained in this
document, all of which are for the benefit of the Property and each individual
owner thereof.
NOW, THEREFORE, Valleyview Homesteads hereby declares that all of the Property
shall be held, sold and conveyed subject to the covenants, conditions, restrictions,
easements, charges and liens set forth herein, all of which are for the purpose
of protecting the value and desirability of the Property. Every person acquiring
title to the following covenants, conditions, restrictions, easements, charges
and liens, all of which shall run with the Property and be binding upon all
parties having any right, title or interest in the Property, their heirs,
successors and assigns, and all of which shall inure to the benefit of each
owner:
1. Each lot shall be used for residential purposes only. No single lot shall
be re-subdivided into smaller lots for the purpose of permitting the construction
of more than one residential dwelling unit on said lot. Dwellings built shall
consist only of single family dwellings and shall be subject to the following
conditions and restrictions:
A. There shall be no multi-family dwelling built on any lot in the community,
any garage must be attached to dwelling, or connected with, or built as part
of the one-family dwelling. One small outbuilding may be constructed and maintained
which shall be in keeping with the appearance of the dwelling thereon.
B. No structure in the community shall exceed a height of two stories above
a basement.
C. No residential building shall be constructed with any siding material other
than finished wood, brick, stone, exposed aggregate, stucco, vinyl or weathered
alloys.
D. Any structure erected must be set back not less that 30 feet from the front
lot line nor should any structure be erected within 15 feet of any lot line.
Where two or more contiguous lots are owned by one party, the 15 foot restriction
between said lots shall not apply.
E. All construction materials must be new.
F. One-story residences shall contain a minimum of 1,800 square feet above
grade, exclusive of porches, carports, garages and decks. Multi-level residences
shall contain a minimum ground floor living area of 1,000 square feet.
G. Any swimming pool shall be in ground.
2. No house trailers, mobile homes, modular type houses of mobile home construction,
modular homes, tents, shacks, barns, basement homes or similar structures
shall be erected, moved to, or placed on said premises.
3. Within twelve (12) months after the dwelling unit is completed, the property
must be seeded and initial landscaping completed.
4. All lots subject to these restrictions, together with the exterior of all
improvements located thereon, shall be maintained in a neat and attractive
condition by their respective owners. Such maintenance shall include but not
be limited to painting, repairing, replacing and caring for roofs, gutters,
downspouts, building surfaces, trees, shrubs, grass, walks and other exterior
improvements.
5. No livestock or fowl or attack dogs shall be permitted on any lot. Dogs,
cats or other household pets may be kept, providing they are not kept, bred
or maintained for any commercial purpose and not permitted to run so as to
cause an annoyance in the neighborhood.
6. No noxious or offensive trade, or retail businesses shall be permitted
on any lot nor shall anything be done thereon which shall be, or become and
annoyance or nuisance to the neighborhood.
7. No inoperative or unlicensed vehicles shall be permitted on any lot in
the Community.
8. Owners of unoccupied lots shall at all times keep and maintain their property
in the community in an orderly manner causing weeds and other growth to be
seasonally cut. Owners shall prevent accumulation of rubbish and debris thereon.
9. No lot shall be used or maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept on any portion of the Community except
in sanitary containers. Incinerators for garbage, trash or other refuse shall
not be used or permitted on any lot in the community.
10. Any dwelling or outbuilding on any lot which may in whole or in part be
destroyed by fire, windstorm or any other reason must be rebuilt or all debris
removed and the lot restored to a sightly condition with reasonable promptness.
11. Perpetual easements are reserved for use for public utility, drainage
and maintenance of adjoining roadways. The easements shall include the rights
of ingress and egress by the employees and agents of parties using said easement
and shall permit the trimming and removal of shrubs, trees or other vegetation
which interfere or threaten to interfere with the operation of any utility
within the easement. No permanent structure shall be permitted within the
limits of these easements. When such public utility and drainage easements
are not shown on the recorded deed then such easements shall be 10 feet wide
along the front, and along all roadways and 7.5 feet along all side lot lines.
12. On-site sewage disposal systems will be installed and maintained in accordance
with good engineering practices and Kentucky State Plumbing Code approved.
13. No oil drilling, oil development operations, oil refining, quarrying or
mining operations of any kind shall be permitted upon or in any lot, nor shall
oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon
or in any lot. No derrick or other structures designed for use in boring for
oil or natural gas shall be erected, maintained or permitted upon any lot.
14. The owner(s) of any lot in the Community may enforce the restrictions,
conditions and stipulations contained herein by any appropriate legal actions.
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