THIS DECLARATION made this 10th day of March, 2000, by Cranberry Real Estate Development Corporation, (Developer), a West Virginia Corporation, owner of real estate, situate in the City of Beckley, Raleigh County, West Virginia having acquired the same by virtue of that certain deed from White Oak Land Company, a Corporation, dated October 7, 1999 and of record in the office of the Clerk of the County Court of Raleigh County, West Virginia, in Roll 5000, Page 8798.
Cranberry
Real Estate Development Corporation is presently developing a portion of the
aforesaid tract as a residential community known as “Cranberry Pointe
Estates”. This community includes
lots for single family residential units.
WHEREAS,
Developer desires to provide for the preservation of the land values and home
values when and as the Property is improved and desires to subject the
Development to certain covenants, restrictions, easements, affirmative
obligations, charges and liens, as hereinafter set forth, each and all of which
are hereby declared to be for the benefit of the Development and each and every
owner of any and all parts thereof; and
WHEREAS, Developer has deemed it desirable, for the efficient
preservation of the values and amenities in the Development, to create an entity
to which should be delegated and assigned the power and authority of holding
title to and maintaining and administering the Common Properties (as hereafter
defined) and administering and enforcing the covenants and restrictions
governing the same and collecting and disbursing all assessments and charges
necessary for such maintenance, administration and enforcement, as hereafter
created;
WHEREAS, the Developer will relinquish its responsibility to perform its obligations when more than fifty percent (50%) of the lots are sold within Cranberry Pointe Estates Subdivision to the Cranberry Pointe Homeowners Association (Association).
NOW,
THEREFORE, in consideration of the premises, the Developer/Association agrees
with any and all persons, firms or corporations hereafter acquiring any of the
property hereinafter described, that the same shall be and is hereby subject to
the following restrictions, easements, liens, conditions and covenants
(hereinafter collectively referred to as “Restrictions”) relating to the use
and occupancy thereof, said Restrictions to be construed as restrictive
covenants running with the land hereafter described and which shall ensure to
the benefit of and be binding upon the heirs, successors and assigns of the
Developer/Association and all other acquiring parties and persons.
The
Developer/Association hereby further declares that such other real property as
may later be subjected to this Declaration pursuant to the provisions hereof
shall, from and after the filing of record of a Supplemental Declaration as
described in Article IX be held, transferred, sold, conveyed, used and occupied
subject to the provisions of this Declaration which are specified in such
Supplementary Declaration. Every
person or other party hereafter acquiring any of the within described property
made subject to this Declaration, by acceptance of a deed or contract for deed
of any interest in or said property, whether or not it shall be so expressed in
any such deed or contract for deed, regardless of whether the same shall be
signed by such person and whether or not such person shall otherwise consent in
writing, shall take such property interest subject to this Declaration and to
the terms and conditions hereof and shall be deemed to have assented to same.
1. DESCRIPTION OF PROPERTY RESTRICTED. The property which is made subject to this Declaration is more particularly described as follows: All of those certain lots and areas marked as residential properties as shown and designated on that certain map entitled “Map Showing Survey Of Phase I Cranberry Pointe Estates, Located Along Maxwell Hill Road, In The City of Beckley, Raleigh County, West Virginia”, prepared by Southern Engineering and Surveying, dated March, 2000 and of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia in Map File 3, Pages 571 and 572, which map is hereby made a part of this Declaration.
2.
OTHER PROPERTY.
Only the areas as above described are hereby made subject to this
Declaration, provided, however, Developer/Association reserves the right to
subject other real property which it owns or may acquire to the restrictions set
forth herein as provided in Article III hereof.
Developer/Association
hereby grants to the owner(s) from time to time of that certain ten (10) acre
parcel located adjacent to the northeast boundary of Phase I of Cranberry Pointe
and designated on the aforesaid map as “Robert
L. and Kimberly J. Seats, Instrument #50008277”, the right, exercisable from
time to time, by said owner(s) to extend the scheme of this Declaration,
including the imposition of assessments thereon pursuant to Article VII hereof,
to all or such portion of the Seats Property so designated by said owner(s).
The owner(s) of the Seats Property may make multiple elections
designating different portions of the Seats Property.
However, once the scheme of this Declaration is extended to a portion of
the Seats Property, the owner(s) of the Seats Property shall not have the right
to rescind the designation and/or to remove said property from the restrictions
set forth in the Declaration.
ARTICLE
II
DEFINITIONS
The
following words when used in the Declaration or any Supplemental Declaration
(unless the context shall prohibit) shall have the following meanings:
a)
“Common
Properties” shall mean and refer to the areas so designated on the aforesaid
map or maps hereafter prepared and recorded, which areas are retained by the
Developer/Association for the common use and enjoyment of all property owners
within Cranberry Pointe.
b)
“Covenants” shall mean the
covenants, restrictions, conditions, easements, charges, and assessments,
affirmative obligations and liens set forth in this Declaration.
c) “Cranberry Pointe” shall mean and refer to that certain community known as Cranberry Pointe Estates which is being developed on real property now owned by the Developer/Association in the City of Beckley, Raleigh County, West Virginia, together with such additions thereto as may from time to time be designated by the Developer/Association whether or not such additions are contiguous with or adjoin the boundary lines or Phase I of Cranberry Pointe as shown on the map referred to in Article I above.
d)
“Cranberry Pointe Homeowners
Association” (Association) when organized is defined as residents of Cranberry
Pointe Estates.
e)
“Declaration” shall mean
this Declaration of Covenants and Restrictions and any Supplemental Declaration
filed pursuant to the terms hereof.
f)
“Developer” – shall mean
Cranberry Real Estate Development Corporation a West Virginia Corporation and
its successors and assigns.
g)
“Dwelling Unit” shall mean
any building situated upon the Properties designated and intended for use and
occupancy by a single family.
h)
“Family Unit” shall mean a
natural person, his or her spouse and all of their unmarried children.
i)
“
j)
“Member
or Members” shall mean any or all Owner or Owners who are Members of the
Association.
k)
“Mortgage” shall include
deeds of trust and any or all similar instruments given to secure the payment of
an indebtedness
l)
“Person” shall mean and
refer to a natural person, as well as to a corporation, partnership,
association, trust or other legal entity.
m)
“Property” shall mean and
refer to the real property described in Article I hereof, and additions thereto,
which is subjected to this Declaration or any supplemental declaration under the
provisions hereof.
n)
“Owner” shall mean and refer
to the purchaser, whether one or more persons, of any lot carved from the
residential properties and the improvements thereon, if any.
o)
“Reserved Properties” shall
mean and refer to the areas so designated on the aforesaid map or maps hereafter
prepared and recorded, which areas are retained by the Developer/Association for
any purpose which in the sole opinion of the Developer/Association is compatible
with the over-all development of the community.
p)
“Residential Properties”
shall mean and refer to the areas so designated on the aforesaid map or maps
hereafter prepared and recorded, which areas are for the subdivision of lots for
single family dwelling units and appurtenances thereto.
q)
“Seats Property” shall mean
and refer to that ten (10) acre tract located adjacent to the northeast boundary
of Phase I of Cranberry Pointe as shown on the aforesaid map.
r)
The use of the masculine pronoun
shall include the neuter and feminine, and the use of the singular shall include
the plural where the context so requires.
ARTICLE III
PROPERTIES, COMMON PROPERTIES AND IMPROVEMENT THEREON
1.
OWNERSHIP AND CONTROL.
The ownership of all the common properties, including the facilities
thereon, shall be exclusively the Developer/Association and no other person
shall, by the recording of this Declaration, by the recording of the
aforementioned map, or by and permissive use, have any proprietary right, title
or interest in and to the common properties.
Except as herein expressly provided to the contrary, the
Developer/Association shall have complete and sole control and authority to
manage and operate the common properties in such manner as it sees fit,
including but not limited to the right to formulate rules and regulations
regarding the use thereof.
2. PROPERTY.
The real property which is, and shall be held, transferred, sold,
conveyed, leased and occupied, subject to these Covenants, is located in Raleigh
County, West Virginia and is more particularly described on the aforesaid map
hereto referenced and additions or amendments thereto.
Additionally, any easements on any real property retained by or granted
to the Developer or the Association for the purpose of erection and maintenance
of entrance signs or street lights, or landscaping and maintenance thereof,
shall also be considered Property and subject to these Covenants.
2.02 ADDITIONS
TO PROPERTY. Additional lands may
become subject to, but not limited to, this Declaration in the following manner:
(a)
Additions. The Developer, its
successors, and assigns, shall have the right, without further consent of the
Association, to bring within the plan and operation of this Declaration
additional properties in future stages of the Development beyond those described
on the aforesaid map so long as they are contiguous with then existing portions
of the Development. For purposes of
this paragraph, contiguity shall not be defeated or denied where the only
impediment to actual "touching" is a separation caused by a road,
right-of-way or easement, and such shall be deemed contiguous.
The additions authorized under this Section shall be made by filing a
Supplementary Declaration of Covenants and Restrictions with respect to the
additional property which shall extend the operation and effect of the covenants
and restrictions of this Declaration to such additional property after which it
shall fall within the definition of Property as herein set forth.
The Supplementary Declaration may increase or decrease
the minimum square foot requirements for a Dwelling Unit and contain such other
complementary additions and/or modifications of the covenants and restrictions
contained in this Declaration as may be necessary or convenient, in the sole
judgment of the Developer, to reflect the different character, if any, of the
added properties and as are not inconsistent with this Declaration, but such
modifications shall have no effect on the Property as described in Section 2.01
above.
3
COMMON PROPERTIES AND IMPROVEMENTS THEREON.
The Developer may install initially one or more entrance signs to the
Development. The signs shall become
part of the Common Properties when the Developer conveys the signs to the
Association, at which time the Association shall become responsible for the
operation, maintenance, repair and replacement of the signs. The Developer may
also landscape the entrance areas (whether privately or publicly owned) and
other areas where it may or may not have reserved an easement.
These areas shall become Common Properties when conveyed to the
Association and the Association shall then become responsible for maintenance of
the landscaped areas. Additionally,
the Developer will install street lights and/or street signs, which likewise
will become Common Properties when conveyed to the Association.
The Developer and the Association may add additional Common Properties
from time to time as they see fit.
ARTICLE IV
1.
ARTICLE
V
ARCHITECTURAL,
MAINTENANCE AND USE RESTRICTIONS
The
following architectural, maintenance and use restrictions shall apply to each
and every residential lot now or hereafter subjected to this Declaration,
1.
DESIGN AND SITE APPROVAL.
No building
or other structure shall be erected, placed, changed or remodeled on any lot or
other property in Cranberry Pointe, nor any site preparation begun, until the
proposed building plans, specifications, exterior color or finish, plot plans
(showing among other things the proposed location of such building or structure,
drives and parking areas), landscaping and construction schedule shall have been
approved in writing by the Developer/Association.
Refusal or approval of plans, location or specifications may be based
upon any reasonable ground, at the sole discretion of the Developer/Association.
No alterations may be made in such plans after approval by the
Developer/Association. No
alterations in the exterior appearance of any building or structure shall be
made without approval by the Developer/Association.
One copy of all plans and related data shall be furnished to the
Developer/Association for its records.
2.
LIMITATIONS ON STRUCTURES.
No structure
shall be erected, altered, placed or permitted to remain on any lot other than
one single family dwelling and a private attached garage.
No other outbuildings of any type shall be erected or altered without the
written approval of the Developer/Association.
Nothing herein contained, however, shall be construed as preventing the
construction of walks, drives, private swimming pools, tennis courts and other
appropriate private recreational facilities, the planting of trees or shrubbery,
the growing of flowers or ornamental plants, or statuary fountains or similar
ornamentations, for the purpose of beautifying said premises.
3.
ENCLOSED DWELLING AREA. All
proposed single family dwelling units within Cranberry Pointe shall have a
minimum square footage of enclosed dwelling space of 2500 square feet.
The term “enclosed dwelling area” as used herein does not include
terraces, decks, open porches, basements, garages and similar area.
The term shall include however, screened porches, if the roof of such
porch form an integral part of the roofline of the dwelling or if it is on the
ground floor of a two-story structure. Every
garage must be attached to the dwelling.
4. GARAGE AND OFF-STREET PARKING.
Cars owned
by
Said
garage space and off-street parking space shall be constructed and provided
within the lot lines and in further compliance with all reasonable standards
established by the Developer/ Association. Said
garage and parking facilities shall be completed prior to the occupancy of any
dwelling constructed on said property. All
private driveways shall extend at least fifty (50) feet from the sideline of the
common road way upon which the lot fronts and shall be graded and paved so as to
preclude the drainage, slippage and spillage of dirt, gravel, rocks, and other
substances upon the common roadway. Each
Dwelling Unit constructed upon a lot must be served by a driveway constructed of
hard surface materials such as concrete, brick, exposed aggregate, or pre-case
pavers.
5.
GENERAL
REQUIREMENTS AS TO ALL LOTS.
a) All
structures must be built in strict conformity with the plans and specifications
as approved by the Developer/Association and before any house may be occupied,
it must be completely finished.
b) Building
setback guidelines for regular sized lots are measured from the property line to
the wall of the house and/or garage.
Side
yard or rear yard adjoining open space
15’
c)
No provision of this paragraph shall be construed to permit any structure
to be constructed and erected upon any
d) Containers for
garbage or other refuse shall be properly screened from view.
Incinerators for garbage, trash or other refuse shall not be used nor
permitted to be erected or placed on any property.
Any and all equipment, coolers, clotheslines, woodpiles or storage piles
(whether temporary or permanent) shall be screened from view of the neighboring
lots and facing streets.
e) All residential
utility service lines (including without limitation, electricity, gas,
telephone, any and all type of television lines and cables) shall be
underground.
f)
Any mail boxes used shall be of a type consistent with the character of
Cranberry Pointe and shall be placed and maintained to complement the houses in
the neighborhood. Mailboxes will
initially be provided by the Developer/Association to be maintained by each
homeowner.
g)
No helicopter or aircraft of any kind, house trailer, mobile home, tent,
tool shed, or any other such temporary article or building shall be permitted,
provided however, temporary buildings and the like shall be permitted during the
construction period of houses. No
garage, outbuilding or other appurtenant structure shall be used for residential
purposes, either temporary or permanently.
h)
No privies or outside toilet facilities shall be constructed or
maintained at any time. All property
owners shall be required to use the community sewerage disposal facility
exclusively and to provide for the connection thereto at their expense.
The drainage of surface water into sewer lines in any way is prohibited.
i) Once the
footings of any building are poured, construction must progress continuously
(with allowance for weather conditions, labor conditions and availability of
materials) until the building is fully completed.
The exterior (including landscaping) must be completed within twelve (12)
months after commencement of construction, unless such completion is rendered
impossible as a direct result of strikes, fire, nations emergencies or natural
calamities. The Owner of any
j)
No lot shall be subdivided or its boundary lines changed, except with the
written consent of the Developer/Association.
Not more than one Dwelling Unit shall be erected or maintained on any one
k)
Notwithstanding any other provisions herein to the contrary,
the Developer/ Association reserves unto itself, it successors and assigns, the
following rights, privileges and powers: to
subdivide Lots, to combine Lots, to rearrange boundaries of Lots, to cause any
part of any Lot to become a part of the Common Properties, and to cause portions
of Common Property Lots to become a part of any of the Lots bordering them.
6.
MAINTENANCE
a) All lots, together with the exterior of all improvements located thereon, shall be maintained in a neat and attractive condition by their respective property owners. Such maintenance shall include, but shall not be limited to, painting, repairing, replacing and caring for roofs, gutters, down spouts, building surfaces, trees, shrubs, lawns, walks and other exterior improvements.
b) To preserve the natural integrity and beauty of the land and control water runoff no trees, shrubs, bushes or other vegetation having a diameter eighteen (18) inches or more, twelve (12) inches above the ground shall be cut, destroyed or mutilated except with the prior written approval and permission of the Developer/Association; provided, however, that dead or diseased trees, shrubs, bushes or other vegetation shall be cut and removed promptly by the property owner after such dead or diseased condition is first brought to the attention of the Developer/Association and permission for such cutting and removal has been obtained.
c) A “green belt” ten (10) feet wide of natural occurring vegetation shall be provided at the rear of all lots and shall not be disturbed. No trees shrubs, bushes or other vegetation having a diameter eighteen (18) inches or more, twelve (12) inches above the ground shall be cut, destroyed or mutilated except with the prior written approval and permission of the Developer/Association;
7.
RESIDENTIAL
USE.
All lots sold
from the areas marked residential on the aforesaid map and which are subject to
this Declaration shall be used only for private, single family residential
purposes and not otherwise. These lots are designated for building residential
homes and not as investment lots.
8.
HOBBIES AND ACTIVITIES.
The
pursuit of hobbies or other inherently dangerous activities, including
specifically, without limiting the generality of the foregoing, the assembly and
disassembly of motor vehicles and other mechanical devices, which might tend to
cause disorderly, unsightly or unkempt conditions must be performed within an
enclosed structure. However, the shooting of firearms, fireworks, or pyrotechnic
devices of any type or size, and other such activities shall not be pursued or
undertaken without the consent of the Developer/Association.
9.
ANIMALS AND PETS.
No
poultry, livestock or animals shall be allowed or maintained on any
10. NUISANCES AND UNSIGHTLY MATERIALS.
Each property owner shall refrain from any act or use of his property which could reasonably cause embarrassment, discomfort, annoyance or nuisance to the neighborhood. No noxious, offensive or illegal activity shall be carried out upon any property. No property shall be used in whole or in part for storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such property to appear in an unclear or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any property that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace and quite of the occupants of surrounding property. No trash, rubbish, sorted materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to remain on any property outside an enclosed structure. However, the foregoing shall not be constructed to prohibit temporary deposits of trash, rubbish and other such debris for pickup by garage and trash removal service units. In the event of major fire damage to a dwelling, that dwelling must be demolished and the debris removed in a timely manner.
11. GOVERNMENTAL REGULATIONS.
All governmental building codes, health regulations, zoning restrictions and the like applicable to the property now or hereafter made subject to this declaration shall be observed, in the event of any conflict between any provision of any such governmental code, regulation or restriction and any provision of this Declaration, the more restrictive provision shall apply.
ARTICLE
VI
1.
RESERVATIONS AND OWNERSHIP.
The
Developer/Association shall own and have the right and privilege to use all of
the roads, streets and alleys as shown upon the aforesaid map and any that may
be prepared and recorded thereafter.
The
Developer/Association hereby grants to the owner(s) from time to time of the
Seats Property a perpetual, non-exclusive easement for vehicular and pedestrian
ingress and egress and for the extension of utility lines over, upon and under
the roads, streets and alleys of Cranberry Pointe as the same now exists or as
they may be hereafter constructed and/or relocated.
2. ACCESS.
Without further assent or permit from the Developer/Association or any other person, the ownership of any lot now or hereafter subjected to this Declaration, shall include automatically the right to use the roads, streets and alleys within Cranberry Pointe as the same are shown on the aforesaid map or maps hereafter made and recorded. Provided, however, “Common Driveways” shown on said map or maps shall be used only by those persons who own lots contiguous with said lots or adjoining areas.
3.
UTILITY EASEMENTS IN ROADS AND
OTHER PROPERTIES.
The Developer/Association reserves unto itself, its successors and assigns, the right on and under said roads to erect, maintain and use electric and telephone lines, wires, cables, conduits, gas lines, sewers, water mains, and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water, or other public conveniences or utilities within the rights-of-way of such roads and on such other common and reserved properties as are shown upon the aforesaid map or any map which will be recorded hereafter. The Developer/Association may also cut drainways for surface water whenever and wherever such action may appear to the Developer/Association to be necessary in order to maintain reasonable standards of health, safety, and appearance. These easements and rights expressly include the right to cut any trees, brush or shrubbery, make any grading of the soil, or to take any similar action reasonably necessary to provide economical and safe utility installations and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any licensee of Cranberry Real Estate Development Corporation, but this reservation shall not be considered an obligation of Cranberry Real Estate Development Corporation to provide or maintain any such utility or service.
4. UTILITY EASEMENT ON LOTS.
The Developer/Association hereby reserves for itself and all other lot owners in Cranberry Pointe an easement over, under, or through each lot for the locations, installation, maintenance and removal of sewer, gas, water, telephone, television, electric and other utility service lines and the necessary equipment in connection therewith, which said easement adjoins all sides and rear lot lines and is of a width of ten (10) feet. These utility easements are shown on the map. Said utility lines and equipment in connection therewith shall be installed in such a manner so as not to interfere with any buildings constructed upon said lots or to unreasonably interfere with the use or appearance thereof. This reservation shall not be considered an obligation of the Developer/Association to provide or maintain any such utility service lines or equipment. The owner of the lot constructing such utility lines shall have the responsibility of replacing the surface as it was prior to such construction therewith. Any other lot owner shall have the right at a later time to tap onto such utility lines upon payment to the land owner who constructed the same, of an equal share of its construction and operating costs, provided such utility line is capable of handling such additional service and provided further that such tap on will not create an inconvenience of any kind to the lot owner who had said line constructed. Each owner shall document and support such cost. Any dispute shall be settled by the Developer/Association.
5. EMERGENCY.
There is hereby reserved, without further assent or permit, a general easement to all policemen, firemen, ambulance personnel and all similar persons to enter upon the property or any portion thereof which is now or hereafter made subject to this Declaration in the proper performance of their respective duties.
6. RIGHT OF ENTRY.
Developer/Association reserves the right to enter upon the land conveyed at any time to preserve the restrictions, covenants or agreements herein contained. Failure to enforce any restriction, condition, covenant or agreement herein contained shall in no event be deemed a waiver of a right to do so thereafter, as to the same breach or as to one occurring prior to subsequent thereto, and invalidation of any one of these covenants, or part thereof, by judgement or a court order shall in no way affect any of the other provisions, or part thereof, which shall remain in full force and effect, and any written approval by the Developer/Association, its successors and assigns, or any act shall be subject to any governmental regulations or laws.
ARTICLE
VII
ASSESSMENTS
1. CREATION OF ASSESSMENTS.
In order to provide a permanent fund to maintain, landscape and repair common properties, roadways, streets, alleys, walkways and like community areas, keep the same in a clean and orderly condition, provide for pest control when needed, and in general provide those services important to the development and preservation of an attractive community appearance, and further, to maintain the privacy, security, and general safety of the residential community, each owner of a lot shall pay to the Developer/Association a reasonable sum to be determined by the Developer/ Association and at such intervals as determined by the Developer/Association to be placed in a separate account and to be used exclusively for the purposes hereinabove noted. The Developer/Association reserves the right to increase or decrease the said assessment as needed upon giving thirty (30) days written notice to each property owner.
2. CREATION OF THE LIEN AND PERSONAL OBLIGATION FOR ASSESSMENTS.
Each lot now or hereafter subjected to this Declaration is subject to a lien and permanent charge in favor of the Developer/Association for the assessment plus any interest and other charges hereinabove set forth. Each such collection thereof as hereinafter provided, shall be a permanent charge and continuing lien upon the lot against which it relates, and shall also be the joint and several personal obligations of each property owner of such lot at the time the assessment becomes due, and each property owner hereby convenants, and by the acceptance of a deed, contract for deed therefor, whether or not it shall be so expressed in any such deed or contract for deed, shall be deemed to covenant and agreement to pay the same to the Developer/Association as and when due.
ARTICE VIII
OTHER PROPERTY
1. SUPPLEMENTAL DECLARATION.
Without further assent or permit, Cranberry Real Estate Development Corporation (Developer) for itself, its successors and assigns, hereby reserves the right, exercisable from time to time, to extend the scheme of this Declaration to other real property developed as a part of Cranberry Pointe for filing of record a Supplemental Declaration in respect to the property to be then subject to this Declaration. A similar right shall exist for the benefit of the owner(s) of the Seats Property as provided for in Article I, Section 2 hereof.
GENERAL PROVISIONS
1.
COVENANTS RUN WITH LAND.
The
Covenants of this Declaration shall run with and bind the land and shall inure
to the benefit of and be enforceable by the Association, Owner or the Developer,
their respective legal representatives, heirs, successors and assigns, in
perpetuity, unless amended or terminated as provided herein.
2.
PROPERTY OWNER LIMITATIONS. No
property owner without the prior written approval of the Developer/Association
may impose any additional covenants or restrictions on any part of the land
shown on the aforesaid map.
3.
AMENDMENT.
Cranberry Real Estate Development Corporation (Developer) and the Cranberry Pointe Homeowners Association (Association) reserves and shall have the sole right (a) to amend these covenants and restrictions, but all such amendments shall conform to the general purposes and standards of the covenants and restrictions herein contained; (b) to amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained hereafter made any additional covenants and restrictions applicable to the said land which do not lower the standards of the covenants plot from any part of the covenants and restrictions which have been violated (including, without limiting, the foregoing, violations of building restriction lines and provisions hereof relating thereto) if Cranberry Real Estate Development Corporation, in its sole judgement, determined such violation to be a minor insubstantial violation
3. VIOLATIONS AND ENFORCEMENT
In the event of the violation, or attempted violation of any one or more of the provisions of these Restrictive covenants, the Developer, it assigns, including all parties hereinafter becoming Owners of any one or more of the Lots to which provisions of these Restrictive Covenants apply, may bring any actions or actions against the Owner in violation, or attempting violation, and the said Owner shall be further liable for such damages as may accrue, including any court costs and reasonable attorneys fees incident to any such damages. In the event of a violation of setback lines, side, rear or front, which may be minor in character, the Developer its successors or assigns or the Association thereof may make a waiver. Further, the Developer or the Association may grant variances of the restrictions set forth in these Restrictive Covenants is such variances do not, in the sole discretion of the Developer or the Association, adversely affect the purpose sought to be obtained hereby.
Each
original owner and each successive owner of each lot shall be accepting title
hereto, become a member of the Cranberry Pointe Estates Property Homeowners and
Maintenance Association (Association), a non-profit, non-stock corporation,
whose purpose is to maintain the streets, roadways, recreation areas, surface
water drainage pipeline, mains, open drains, ditches and a street lighting
system of Cranberry Pointe.
This
Association shall have the power to levy assessments against its member for the
purpose of financing the repair and maintenance of the said facilities, in
accordance with the by-laws of said Association as hereinafter set out.
Declarant,
for each lot owned, hereby covenants, and each Owner of any lot by acceptance of
a deed therefor, whether or not it shall be so expressed in any such deed or
other conveyance, is deemed to covenant and agree to pay to the Association: 1)
annual assessments or charges, and 2) special assessments for capital
improvements, such assessments to be fixed, established, and collected from time
to time as hereinafter provided. The
annual and special assessments, together with such interest thereon and costs of
collection thereof, as hereinafter provided, shall be a lien on the land and
shall be a continuing lien upon the property against which each such assessment
is made until satisfied.
When more than fifty percent (50%) of the lots are sold, Cranberry Real Estate Development Corporation will relinquish its responsibility to perform its obligations to the Cranberry Pointe Homeowners Association.
Each Owner by acceptance of a deed conveying a Lot, whether or not it shall be deemed to covenant and agree to all of the terms and provisions of these covenants and pay to the Association annual assessments and special assessment for the purposes set forth in this Article, such assessments to be fixed, established and collected from time to time as hereinafter provided. The Owner of each Lot shall be personally liable, such liability to be joint and several if there are two or more Owners, to the Association for the payment of all assessments, whether annual or special assessments, together with such interest thereon and costs of collection therefore as hereinafter provided, shall be a charge and continuing lien on the Lot and all of the improvements thereon against which each such assessment is made. Unpaid assessments shall bear interest from due date to date of payment at the rate set by is made. Unpaid assessments shall bear interest from due date to date of payment at the rate set by the Association, and said rate can be changed from time to time so that the rate is reasonably related to the Board, and said rate can be changed from time to time so that the rate is reasonably related to the economic situation. In the event that an owner combines two or more lots into a single lot, the assessment will continue to be based upon the number of original lots purchased.
All of the foregoing matters shall be incorporated by reference hereto in deeds to lots at Cranberry Pointe Estates and shall be binding and effective as though set out verbatim in said deeds, it being understood that each of the foregoing items shall by reference hereto become part and parcel to every such deed.
Under the penalties of fine and imprisonment as provided by law, the undersigned hereby declares that there is no consideration involved in the foregoing instrument, the same being Protective Covenants and Restrictions to be inserted in deeds pertaining to lots in Cranberry Pointe Estates, City of Beckley, Raleigh County, West Virginia.
In
witness whereof, the said Cranberry Real Estate Development Corporation, a
corporation of
CRANBERRY REAL ESTATE
DEVELOPMENT CORPORATION
By:______________________________
KIMBERLY JARRELL SEATS
Its President
STATE
OF
I, __________________________________, a Notary Public in and for the County and State aforesaid, do hereby certify that Kimberly Jarrell Seats, President of CRANBERRY REAL ESTATE DEVELOPMENT CORPORATION, a West Virginia corporation, who signed the foregoing writing for the said CRANBERRY REAL ESTATE DEVELOPMENT CORPORATION, a West Virginia corporation, bearing date the 10th day of March, 2000, has this day before me in my said County acknowledged the said writing to be the act and deed of said corporation.
Given under my hand this ___________ day of ______________, 2000
My commission expires __________________________.
_____________________________
Notary Public
This instrument prepared by:
Cranberry Real Estate Development Corporation