The owners of Valleyview Homesteads have instituted guidelines 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.