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Timber
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Timber Wolf Valley Building Restrictions
Contained herein is a partial list of restrictions. To obtain a
complete copy of Timber Wolf Valley Building Restrictions, please
contact
us.
V. PROTECTIVE COVENANTS
Grantor does, by this Declaration, impose parcels expressly made
subject to this Declaration the following restrictions and conditions,
to wit:
1. These restrictions are to run with the land and shall be
binding on all parties and all persons claiming under them for a period
of twenty-five (25) years from the date these covenants are recorded,
after which time said covenants shall be automatically extended for
continuing periods of ten (10) years each unless such restrictions are
modified or removed as provided below; provided, however, that nothing
stated herein shall affect or limit the provisions of Article II above.
2. Notwithstanding any other provisions of the Indenture, in the
event that the trust with respect to common property is in effect at the
end of twenty-five (25) years from the date of this Indenture or, if
earlier terminated, at the time of such termination, the then members of
the Board of Trustees shall convey by deed all the common property, if
any, to the then owners of the lots in this subdivision as joint
tenants; provided, however, that all the rights, powers and authority
conferred upon the Board of Trustees shall continue to be possessed by
the Board of Trustees. It is the intention of this instrument that such
conveyance shall constitute a change in ownership of title but shall not
alter, abridge or change the powers, duties, or functions of the Board
of Trustees or this Indenture.
3. No lot shall be used except for single-family residential
purposes. No dwelling building shall be erected, placed, or permitted
to remain on any lot other than one single-family dwelling and a private
attached garage for not less than two automobiles. There may be an
unattached garage erected as long as it conforms with the existing
dwelling/building and has the approval of the trustees.
4. Every building shall observe the following set back
requirements: At least forty-five feet (45’) in the front of the lot
from the street pavement edge and from property line ten (10’) from
either side and rear lines, providing it meets requirements prescribed
by ordinance of the County of Jefferson. For the purpose of this
covenant, eaves, steps, open porches and bay windows shall be considered
as a part of a building. Variance may be approved by developer.
5. Constructed house must face road unless otherwise approved by
the Board of Trustees.
6. No tri-axle trucks may be used on the roadways of the
subdivision during residential construction. Violation will result in
forfeiture of road deposit.
7. Any main structure of dwelling to be constructed, exclusive of
basement, garage, or porches, shall be no less than Eleven Hundred
(1100) square feet of actual living area for a one-story house, nor less
than a total of fourteen hundred (1400) square feet of actual living
space for a dwelling of two-stories, with nine hundred (900) square feet
on main level. It being the intention of these restrictions that all
dwellings shall be of the same quality or better than that which can be
produced on the date these restrictions are recorded.
8. Plans and specifications of all contemplated buildings must be
submitted to the Timber Wolf Valley, Inc. Board of Trustees for approval
prior to the start of construction. All buildings must be constructed
in accordance with the plans and specifications so submitted and
approved. It is at the sole discretion of the Mississippi Valley Inc.
Trustees to determine what types of construction and design are
permitted for the time and place. Approved plans and/or specifications
become the property of the subdivision Trustees or their successors.
9. Asbestos and other composite boards generally intended for
non-exposed sheathing shall not be used on any exterior exposed wall
surface.
10. Types of siding and any solid color paint or coating used on
exterior of home must have color approval from Board of Trustees and be
maintenance free.
11. No residence may be occupied unless all exterior construction
work has been completed.
12. Construction of each residence is to commence within
thirty-six (36) months of purchase of an individual lot and completed
within six (6) months of issuance of building permit. Whereas more than
one (1) lot is owned by the same person(s) with adjoining lot lines, the
thirty-six (36) month building requirement shall apply only to one lot.
Should the lot be sold, the thirty-six (36) month building expectation
would then be reinstated. Extended time may be considered by the Board
of Trustees with presentation of intention and/or cause. If multiple
lots are purchase by one person or entity then additional time may be
requested by that person/entity from the Board of Trustees.
13. No above ground type swimming pools shall be erected on any
lot unless there is decorative fencing around the pool approved by the
trustees.
14. At least fifty percent (50%) brick or stone on front
elevation. “Period” or “traditional” style homes as approved by
developer without masonry may be permitted. “Dryvit” type systems may
be considered by developer.
15. Every building shall have a pitched roof with a minimum of
four feet (4’) rise for each twelve feet (12’) and covered by a
fireproof covering. Any variance in design must be approved by
Trustees.
16. As may be shown on the recorded plat of TIMBER WOLF VALLEY
easement for the installation and maintenance of utilities and drainage
facilities may be reserved on said plat. Within theses easements, no
structure, planting, or other material shall be placed or permitted to
remain which may damage or interfere with the installation and
maintenance of utilities, or which may change the direction of flow of
drainage channels in the easements, or which may obstruct or retard the
flow of water through drainage channels in the easements. The easement
area of each lot and all improvements in it shall be maintained
continuously by the owner of the lot, except for those improvements for
which a public authority or utility company is responsible.
No grade changes in topography are permitted in rights of way or
utility easements.
17. No nuisance or obnoxious or offensive activities shall be
carried on upon any lot or parcel, nor shall anything be done thereon
which may be or may become a nuisance to adjoining land owners or
residents. No building or premises shall be used for any purpose
prohibited by law or ordinance, and nothing shall be done which shall be
or hereafter become a nuisance to the owners or residents of lots or
parcels.
18. No animals, livestock or poultry of any kind shall be raised
or kept on any lot or parcel, except dogs, cats or other traditional
domestic household pets, with a limit of 2 each (i.e. 2 dogs, 2 cats)
unless granted special approval by Trustees. No animal shall be allowed
to run loose, and shall be restrained by a leash, or fenced, at all
times. Residents shall NOT provide less than a minimum of 400 square
feet approved fence area for containment of dogs.
19. For the purpose of this paragraph, a fence is defined as any
structure, regardless of material or height, serving as an enclosure,
barrier, or boundary of all or part of any lot or part thereof or of any
structure situated thereon for any use or activity maintained thereon.
The type, height, and location of all fences must be approved by the
Developer or Board of Trustees. All fences are to be well constructed
and neat.
20. No tree, planting, or shrubbery fence shall be permitted
within close proximity to any intersection. Foliage line must be
maintained at a two foot (2’) height to prevent obstruction of vision by
drivers of vehicles. Tree boughs or branches may overhang such area so
long as they do not extend lower than seven feet (7’) from the ground.
In the event of violation of this restriction, the Board of Trustees,
their agents, servants, and employees shall have the absolute right to
enter upon the lot involved and remove, trim, cut, or destroy any
shrubbery, trees, other vegetation or other structures or obstacles in
violation of this restriction. Whether occupied or not, once a lot is
sold, all grass must be kept cut with the exception of heavily wooded
areas or where the terrain is left in the rough.
21. That no residence, accessory building, or any portion of any
lot shall be used as a boarding house, club house, or road house, nor
shall any residence, accessory building, or any lot be used or devoted
to any manufacturing, industrial, or visible commercial activity
whatsoever, nor shall any building or premises be used for any purpose
prohibited by law or ordinance, nor shall anything be done in or on any
premises which may become a nuisance, in the judgment of the Board of
Trustees, to the owners or inhabitants of lots in the land subject
hereto, based upon the health, welfare, and safety of said owners and
inhabitants.
22. Retaining walls are subject to Board of Trustees written
approval.
23. Recreational vehicles such as three and four wheelers, dirt
bikes, motorcycles, or any other type, may not be ridden within the
boundaries of TIMBER WOLF VALLEY Subdivision. Street licensed vehicles
may be ridden for ingress and egress only.
24. No lot shall be resubdivided nor shall a fractional part of
any lot be sold unless permitted by both the Trustees and the County of
Jefferson.
25. No sign of any kind shall be displayed to the public view
except one sign of not more than five (5) square feet advertising the
property for sale, or except signs used by a builder or remodeler to
advertise the property during the construction or remodeling period,
respectively.
26. No unconventional forms of housing shall be permitted,
including but not limited to geodesic dome homes, underground homes, or
homes on stilts. It is at the sole discretion of the Trustees to
determine what types of construction are unconventional for the time and
place. Log homes are not permitted.
27. No building shall be erected, placed, or altered on any
residential building plot in this subdivision until the external
designs, grade, location, elevations, plans, and specifications thereof
have been submitted as permanent record to the Trustees and shall be
approved in writing by the Trustees; provided, however, that if such
Trustees fail to approve or disapprove such design, grade, and location
within thirty (30) days after such plans have been submitted to them,
such approval will not be required; provided the external design,
grade, and location of each structure shall conform to and be in harmony
with existing structures in the tract.
28. No oil drilling, oil development, oil refining, quarrying, or
mining operation of any kind shall be permitted on any lot, nor shall
oil wells, tanks, tunnels, and mineral excavations. Or shafts be
permitted on any lot. No derrick or other structure designed for use in
boring for oil or natural gas shall be erected, maintained, or permitted
on any lot.
29. Except temporarily in connection with construction work by a
contract builder, no lot shall be used for or maintained as a dumping
ground for rubbish, trash, garbage, or other waste. Trees must be
disposed of by general contractor and may not be disposed of on
adjoining lots.
30. All trash, garbage, or other waste shall be kept at all times
in sanitary containers. Receptacle or can shall be placed on the
premises outside the building only upon the day of week or month the
regularly scheduled collections of the same are to take place. All
receptacles or other equipment for the storage or disposal of such
material shall be kept in clean and sanitary condition. During
construction, dumpsters are to be used to keep trash and building
material excess picked up on a regular basis.
31. No burning of household trash. Only one trash collection
agency, agreed upon by the majority of lot owners, will be permitted to
pick up in the entire subdivision, unless provided by a governmental
body.
32. Except temporarily in connection with the construction done by
a builder, no structure of a temporary character, tent, shack, garage,
or out building shall be erected or permitted on any lot at any time as
residence temporarily or permanently.
33. No watercourse of finished grade which is once approved and
established shall be altered and changed without express written
approval of the Trustees.
34. All lot owners are obligated to care for their property and
keep it free from unsightly accumulations of debris and other water
matter, failure to comply with this provision shall constitute a
nuisance within the meaning of this agreement. The Trustees are hereby
empowered to clean up or cause to be cleaned up, the waste and debris.
The owner of this same property shall be charged reasonable expenses
incurred, which shall become a lien on the property until paid. The
Trustees, agents, or employees shall not be deemed to be guilty or
liable for any Trespass in any action pursuant to the powers herein
granted.
35. No boats, commercial vehicles, truck-mounted campers, camping
trailers, motor homes, or one of the other types of personal property
similar thereto, licensed or unlicensed, may be parked, placed, or
stored in view of the dwelling houses constructed in TIMBER WOLF VALLEY,
excluding personal pick-up trucks.
36. No lot shall be used as a storage place for salvaged material
or dismantled hereon for salvaged purposes any old machines or
automobiles. Automobiles dismissed from service must be removed.
37. No trucks larger than personal pick-up trucks may be parked on
the subdivision streets or in driveways, or anywhere, in the subdivision
except during construction for construction purposes. There is to be no
overnight parking on streets at anytime. TIMBER WOLF VALLEY Homeowner’s
Association shall be authorized to tow any vehicle or trailer in
violation of this covenant, at the owner’s expense, both for towing and
storage.
38. Culverts and storm water drainage improvements of sufficient
capacity to carry storm water, if necessary, for the property drainage
of the road and drives must be installed by the lot owner and may be
directed by the Board of Trustees at the lot owner’s expense. In the
event of the failure of the lot owner to make such installation, the
Board of Trustees, their agents, servants, and employees shall have the
absolute right to enter the lot involved and install said culverts and
storm water drainage improvements and charge the cost thereof to said
lot owner, and place a lien on this lot to secure payment of said costs.
39. Parking on paved drive only; no “on street” parking.
40. Unless accepted by a public entity, the Trustees shall
maintain the entrance way or ways, common ground areas, and streets
throughout the subdivision and are authorized to pay the costs of
electricity consumed for lighting such entrance way or ways, common
ground areas, and public streets with the collected assessment moneys
only.
41. All lot owners are obligated to care for, maintain, and
preserve the natural exiting landscape. Lot owners in “wooded” areas
must preserve wooded areas by limiting live tree removal.
42. All original lot owners will be furnished with a specific
mailbox by Developer or Homeowners Association prior to occupancy, at no
cost to them. This is the only mailbox that may be used and must be
installed according to instructions provided at time of pick up. Any
replacement boxes must be of similar design.
43. Every lot must be served by natural gas.
44. In the case of builders’ spec homes, front yards must be
sodded as soon as home is complete as determined by Trustees.
45. No water activity of any kind, including ice-skating, will be
permitted in any of the ponds.
46. During construction siltation fencing and/or straw bales must
be used.
47. All lot owners shall be responsible for the failure of general
contractors to adhere to building covenants.
48. All lots will be assessed a sewer connection fee of $1000.00,
(One Thousand and no/100 Dollars) each, and be due and payable at the
closing of said lot or lots. Said fees will paid directly to Timber Wolf
Valley, Inc. and or assigns. No improvements are to be started on any
lot, until all sewer fees have been paid to Timber Wolf Valley, Inc. Any
other utility fees, water, electricity, gas, ect., will be the sold
responsibility of the owner of the lot when transferred from Timber Wolf
Valley, Inc. to the new owner. Any fees left unpaid will become a lien
on the lot when transferred.
This is only a
partial list
of restrictions. To obtain a complete copy of Timber Wolf Valley
Building Restrictions, please
contact
us.
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