"CACAPON HTGHI,ANDS''

DECI,ARATION OF

covENA}{fs/ CoNDITIONS AND RESTRICTTONS

THIS DECLARATfON, made this
day of Apr11, 1980. by
Tuscarora Land Co., a Pennsyfvania corporatlon, herej-nafter referred to
as "Declarant":
WITNESSETH:

'lr;

That, whereas Declarant is the o!,rner of certain real property in

Vi-rginia, havi-ng acqui-red the same by deed recorded
in Deed Book il at Page:AL, among the land records of Morgan Cor:nly,
lfest Virginia. r,rhi-ch is more particularly described as follows: A11 that
certain tract of larrd r+hich was conveyed to Tuscarora l,and Co. by The
Estate of C. Brooke Armat by the Deed mentioned above and containing
955.09 acres, more or 1ess, as described in sald Deed and located and
sj-tuate in the Cacapon District, Horgian County/ Il{est Visginla.
trtHEREAS, the Declarant wi]l convey the said property subject to
certain protective covenants, conditioas, restrictions, reservations,
liens arid charges as hereinafter set forth:
Morgan County/ West

4t

bi'

l'Iolt/ TIIEREFORE/ Declarant hereby declares that all of the property

descri-bed above sha11 be he1d, sold and conweyed subject to the following
easements, restrictions/ covenants, reservations and conditions, all of
whi-ch are for the purpose of enhancing and protecti_ng the walue and
deslrabi-lity of real property, and whlch shall- run with the realproperty/ . and be binding on all parties having any right, title or
interest in the above described property or any plrt thereof, thej_r
heirs, successors and assigrrs, and shal-l- inure to the benefi-i of each and
every owner thereof.

"

*Ju$trf*?""** t

1. "Association" shaIl mean and refer to the Cacapon Highlands

Property Owners Assocj-ations, its successors and assigns.
2- "o$rner" shall meal and refer to the record oirner, whether one
or more persons or entities, of the fee simple tltle to any r,ot which is
part of the propertyr i-ncluding contract se11ers, but excluding those
-a
h_"y+ns such interest merely as security for the performance of an
obligation,
"Property" shall mean and refer to that certain real property
?. _ aqovg/
described
_and such additions thereto as may hereafter fe- niougiit
within the jurisdlction
of the Association.
4. "Lot" shall mean and refer to any numbered plot of land shown
upon any recorded subdivision plat of the properti.es,
5. "Declarant" sha1I mean and referto Tuscarora Land Co., its
successors and assig_ns, -j-f such, successors or assigrns should acguire
the remaining undeveloped Lots from the Declarant for the purposjs of

development.

6.

"CommonP'operti-es" shall mean

those areas ofland
the suvdivision p1at, as amended from time to tire in accordance
herewith, as being lntended to be devoted to the cofinon use and
enjoyment of all the owners and any T,ot.s that may be transferred to the
Associati-on for use as Conilnorr Propeities
shown on

ARTICLE

11

ME}iIBERSHIP AND VOTTNG RIGHTS

1- very owner of a Lot which is subject to assessment shall be

of the Association. Memlcershlp sha11 be appurtenant to and may
not be separated from ownership of any Lot which is subject to

member

assessment.

-1-

2. The Association shall have two classes of voling membership'

Class A. Class A members shall be all Owners with the exception
oJ-e-Teclarant and shal1 be entitled to one vote for each Iot. When
more than one person holds an interest in any Lotr al1 such persons
shal1 be members. The vote for each Lot sha11 be exercised as they
among themselves determine, but in no event sha11 more than one
vote be cast with respect to any Lot.
Class B. The CLass B member sha11 be the Declarant. who shall be
to four (4) votes for each 1ot owned. The Class B
""tr-tled
shal1 cease and be converted to Cl-ass A membership on
membership
the happening of either of the followlng events, whichever occurs
earlier:
{a) trrltren the total votes outstanding in the Class A
membership egual the total votes outstanding in
the Class B membershiP, or
ib) on March 31, 1983.
ARTICT,E

]II

COVENANT EOR MA]NTENANCE ASSESSMENTS

for each 1ot. up to

1. The Declarant may assess inltially,
Fifty {$50.00) Dollars per year/ for the use, upkeep and maintenance of
the rights-of-way within a1l- sections of said Cacapon Hiqhlands and such
other cortrnon facilities as the sald Declarant may provide therein,
subject to any j-ncrease as provided hereinafter. This assessment of
said fees does not apply to Lots owned by the Declarant. Lots, however,
having frontage and access only from West Virginia Secondary Route _
shall be assessed at fifty (508i percent of that assessment.
tottEavinq access by any interior road or right-of-way r*ithin said
subdiwision, in addition to hawing access from West Virginia Secondary
Route
shall be assessed at one hundred {100t} percent of
that as3essment. Said Lots having access from West Virgini-a Secondary
Route
and interior roads or rights-of-way are further identified as
Any assessment made pursuant to this paragraph, including late
fee of Five (95.00) Dollars, interest at the rate of nine (9%) percent
per ail]um from the date of delinquency, and reasonable attorney's fees
j-ncurred 1n the collection thereof, shal1 constitute a lien on thj-s
property until paid and all grantees do bind themselwes, their heirs
and successors in title to this ]ien and to the covenants herein writter
This lien is expressly inferior ald subordinate to any mortgage liens
presently or hereafter encurnbering the propefty affected by these protective covenants. This assessment ma1. not be raised by more than ten
(l-08) percent per year r.ri-thout the wriiten affirmative vote of tlro-thirds
t2/31 of the members of the Association entitl-ed to vote. Tuscarora Land
Co- assumes the responsibility for the collection of the monies due
under this lien assessment and for the maintenance of the roads,
rights-of-r.ray and conmon areas until March
.1983, or
uniil B0% of the property has been so1d, r"rhiEEGrlis-TTrst. At that time
the :ights and responsibilities as created by this Deelaration of
Protectlve Covenants wil-I be delegated to the Cacapon Highlands Property
Oro:ners Association who shall- assume fu11 responsibili-ty for the collectj-on of the 1j-en and the maintenance-of the roads, rights-of-way and cornmon
areas. The palrment of said assessment and levy shall initi-ate on or
before the thirty-first
day of January next following the purchase of any
parcel in the Cacapon Highlands Subdivision and on or before the thi-rtyfirst day of January of each year thereafter. In ttre ewent of a fesS.leof
one or more parcels in said subdivj-sion, the obligation shall- become
the obligation of the new owner{s).
A-RTICIE IV
USE RESTRICTTONS

1. Lots may be used only for single-fanuily residential purposes

for purposes incidental or accessory thereto, including a guest

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and

apartment or guest house, which may be rented when not otherwise

occupied. No dwelling may be constructed or maintalned on any Lot
r^rith a ground floor area of less that 560 square feet, exclusive of
porches and garages: provided that the Board of Directors of the
Association may authorize a lesser area in unusual cases where justified
by archltectural design, locatlon on Lot, and landscaping. Nor shall any
dwelling be erected less that twenty-five {25') feet from the si-de or
rear line of any Lot, nor less that sixty (50') feet from the center
line of any road or right-of-way; provided that the Board of Directors
of the Associ-ation may authorlze lesser set-backs rnrhere dictated by
terrain conditions; and provided that side line set-backs shall not
apply to a property 11ne between lots in single ownership. All exterior
construction must be completed and closed within eight (8) tnonths of
the corrunencement of construction. No bulldlng of a temporary nature sha1l
be erected or pJ-aced on any of said lots except those customarily erected
in connection with building construction operations; and in such cases,
for a period not to exceed four {4) months. Thls shall- not prohibit
the erection of a toilet complying with provisions of Article V,
Paragraph 2. below.

2. No Owner sha1l erect or suffer to be erected any structure

r.rithin, or otherwise obstruct/ any easement across his lot, nor diwert
or othen^rise interfere with the natural flow of surface water, nor
obstruct any drainage ditch. No parking is perrultted upon any road
within the Property at any time,' and as part of the developmeni of
any Lot, the Ol'r'ner shall- provide adequate offstreet parking for himself
and his giuest(s) .
3. No sj-gn of any kind larger that one square foot shal-I be
displayed on any Lot, except temporary signs in connection with the
construction, lease or sale of buildings or T,ots, except street name
and directional slgns.
4. The use of trailers within said subdivision is unauthorized,
except for the use of temporary camping trailers- Camping trailers
maynot exceed twenty-flve (25') feet in length. This covenant shal-l- not
be construed to permi-t the use of a camplng trailer or cafiper shall be
perrnitted to remain on any 1ot for a period in excess of four (4) months.
5. No noxious or offensive trade or activj_ty shaI1 be carried on
upon any 1ot or right-of-way, nor shall anything be done thereon which
may be or become an annoyance or nulsance to the community. Without
exclusivity, the following items and activities must be thoroughly
screened by approprlate plantj-ng or a fence of approved design:
a.

Refuse containers. (A11 refuse must be kept in closed

sani-tary containers at al-l times.)

b,

Fuel storage tanks-

c.

Garden equipment and supplies,

6. The O!'rner shall maintain, repair and restore. as necessary,

the exterlor of any building or other improvements erected on any
Lot owned by him. Owners likewise agree to repair and restore prorg>tly to
its prlor conditlon any part of a subdivision road damaged by iquiimeit
of Owner or his contractor enroute to or from ownerts lot. A11 Lots,
lmproved or unimproved, must be maintained by Owner j-n a neat and
orderly condi-tion at all times.
Sarbage, refuse. trash cL
lnoperative vehicle or other debrls sha1l be permitted to accumulate or
remain on any Lot. In the event any Owner shall fail to discharge his
aforesaid responsibililies in a manner satisfactory to the Board of
Dj-rectors of the Association, the Association, upon a two-thirds {Z/3}
vote of its Board of Dlrectors, and after fifteen (15) days notice to
lhe Owner, sha11 have the right, through its agents and enployees, to
enter upon said Lot and perform necessary maj-ntenance, repairs and
restoration, or to remove any offending material or object. Such acti_on
shalf not be deemed a trespass, and the cost of same when performed by
the Association shall be added to and become part of the assessment to
which such Lot is subject.

7. No part of any Lot may be sold or used as a road or ri-ght-ofway to any fand outside the Property without the advance, wri-tten
perruission of Declarant.
B. The Assocj-atj-on, by a vote of two-thixds (2/3) of its members
additionaL rules, covenants and restrictions for the use of the
Property, which together wlth the above, may be enforced by fines or
other penalties.

may make

]\RTTCLE V
GENERAL PROVIS]ONS
1- Declarant reserves the right to replat any Lot or Lots prior
to dellvery of a deed to an origlnal purchas-er. Not6.ing herein snitl be
construed to prevent Declarant from imposing additional- covenants or
restrlctlons on any Lot not already conveyed by it. No I,ot in said
subdivision may be resubdivided by the purchaser, his heirs. successors
and assig'ns into more than two (2) 1ots. The minlmum size of each 1ot
subdivided, i-ncluding the 1ot retained by the owrrer, shall- not be less
than five {5) acres.
2. A11 sewage disposal systems constructed on said lots shal1
conform to the regulations of the appropriate West Virginia Department of
Health. Free standing toilets are also sr:bject to the aforementloned
requirements and shall- be placed in a secluded area whenever possibleNo building sha11 be constructed and no water well shal-l be dr11Ied on
any lot until a sewage disposal permit has been obtaj-ned from the West
Virglnla Sewage Enforcement Officer.
3. Twelve {12"} inch diameter culverts must be used 1n all drive-I
ways leading from any subdi-vision roads.
4- No trucks, buses, old cars or unsightly vehicles of any type
or descriptlon may be left or abandoned on said 1ots.
5. Declarant reserves the right to grant easements for installation and maintenance of public utilitles
between the property lines
and the building restrj-ction lines of all lots. in addition to easements reserved by any other instrument duly recorded.
6. The Associati-on, or any Owner. shall- have the rlght to enforce,
by any proceedlng at law or in equity, all restrictlons, conditi-ons,
covertants/ reservati-ons, liens. and charges now and hereafter imposed
by the provisions of this DecLaration. Fallure by the Associatlbn or
by any owner to enforce any provision herein contained shall_ in no
event be deemed a waiver of the right to do so thereafter.
"7. Additi-onal property may be annexed to the property with the
consent of two-thirds (2/31 of the members of the Association.
B. The covenants, restrlctions and other provisions of this
Declaration sha11 nrn with and bind the land for a term of twenty
years from the date this Declaration is recorded, after which they
sha1l be automatically extended for successive periods of ten (10)
years. Thls Declaration may be amended durlng the first twenty(20)
year period by an instrument signed by not less than ninety {90t)
percent of the Lot Owners, and thereafter by an instrument slgned
blmot less
than seventy-five (758) percent of the Lot
Invalj.datlon of any of the covenants, restrictions, or other
provisions of this Declarati-on by judgment or cou-rt order shall in
no r,/ise affect any other provisions, which sha1l remain in ful1 force
and effect.

IN IfITNESS WI{EREOF/ the said Tuscarora Land Co., being the

Declarant herein, has caused this declaration to be signed by its
Vice President and its corporate seal to be affixed, duly attested
by lts secxetary.
TUSCARORA I,AND CO.

BY:

COMMONWEAI,TH

"AP&
I-s-TIEe

w.Ti..-1*--4,141-grri
President

OF PEN}ISYLVANIA
:SS: COUNTY OF
FRANKTIN

Gina M. cramer
, a Notary Public of the
County and State aforesaid, do hereby certify that Anthony ".
StyfiLiest, whose name i-s slgned to the writing ahove as Vice PrF#F.ent
of the Tuscarora Larrd co., a corporation, has on this the
I I
day of
April
, 7980, acknouledged the said writing before
me to be the act and deed of said corporationGMN under my hald this 17th
day of April
, 1980.

My cormnission expires:
GINA M. CBtl$ER. llcilaryru
Cltambssbury Franklln Co., Pa.

iig csmmission Explrs

h26, l g8t