Unascertained lands for the following counties, 1 vol. Total books. Also copies of five books containing record copies of sheriffs' returns of lands delinquent for taxes and of sales made by the sheriffs of lands sold for taxes. All such books, records, documents and papers relating to land titles in this state, which may hereafter be procured by this state from the state of Virginia, under and by virtue of said act of the general assembly of Virginia, and all copies in whole or in part of records, books, documents and papers relating to land titles in this state, which may hereafter be procured from the state of Virginia by the Governor of this state by his agent, under and by virtue of said act of the general assembly of Virginia, and which shall be prepared and made under the authority and direction of the Governor, shall be placed in the Auditor's office as they are procured from time to time and shall be kept in said Auditor's office as part of the public records of said office.
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All copies in whole or in part of books, records, documents and papers, which have heretofore been or which shall hereafter be procured from the state of Virginia by the agent of the Governor of this state, under and by virtue of said act of the general assembly of Virginia, and which shall be placed and kept in the Auditor's office under the provisions of this article, shall be treated and held to be prima facie correct, and may be used for all purposes in like manner and with like effect as the originals from which they were copied could be used: Provided, however, That any person shall have the right to prove that any such copy or any part thereof was not correctly made from the original in Virginia, and that it is not a correct copy of such original.
The Auditor shall take charge of and be the custodian and keeper of the books, documents and papers mentioned in this article, and make and certify copies or abstracts thereof. The books in the Secretary of State's office, containing the record of land grants, surveys and plats shall be transferred to the Auditor's office, and the Auditor shall be the custodian and keeper of such books; and copies thereof attested by the Auditor shall be held to be prima facie correct and may be used for all purposes in like manner and with like effect as the originals from which they were copied could be used.
For making searches and certifying copies and abstracts from such books, documents and papers the Auditor shall charge such fees as are allowed by law to clerks of the county courts for like services, which fees shall be allowed when the services are rendered. Class B. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:. This lien As expressly inferior and subordinate to any mortgage liens presently or hereafter encumbering the property affected by these protective covenants.
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Tuscarora Land Co. At that time the rights and responsibilities as created by this Declaration of Protective Covenants will be delegated to the Lost River Valley Property Owners Association who shall assume full responsibility for collection of the lien and the maintenance of the roads, rights-of-way and common areas. In the event of a resale of one or more parcels in said subdivision, the obligation shall become the obligation of the new owner s.
In addition to the annual assessment authorized by Article III, hereof, the Association may levy in any assessment year a special assessment, for the purpose of acquiring additional common properties, defraying, in whole or in part, the cost of any construction, repair or replacement of any improvement upon the Common Properties, including the necessary fixtures and personal property related thereto. In addition to the annual assessments authorized by Article III, hereof, and the special assessments for capital improvements or acquisitions authorized by Article IV, hereof, the Association may levy in any assessment year a one time special assessment per lot for the purpose of making a non-refundable contribution to the cost of installing underground electrical service by the Shenandoah Valley Electric Co-op, and underground telephone service by the Hardy Telephone Company Inc.
Each Lot owner shall be responsible for the cost of extending any utility service from the front line of any lot to any dwelling constructed thereon, Unless determined to be economically unfeasible by either of the aforementioned utility companys and the Declarant all such service throughout the properties shall be underground. No building, fence, wall structure, excavation, driveway, or other improvement shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition thereto or alteration therein be made until the detailed plans and specifications thereof, shall have been submitted to and approved in writing as to harmony of external materials and location in relation to surrounding structures and to the compliance to the other covenants and restrictions as set out in this Declaration and as may be established in the future by the Board of Directors of the Association, or by an architectural committee appointed by the Board.
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In the event said Board, or its designated committee, fails to approve or disapprove such design and location with thirty 30 days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Lots may be used only for single-family residential purposes and for purposes incidental or accessory thereto, including a guest apartment or guest house, which may be rented when not otherwise occupied. No dwelling may be constructed or maintained on any Lot with a ground floor area of less than 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 architectural design, location on Lot, and landscaping.
All exterior construction must be completed and closed in within eight 8 months of the commencement construction. No building of a temporary nature shall be erected or placed 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. No Owner shall erect or suffer to be erected any structure within, or otherwise obstruct, any easement across his lot, nor divert or otherwise interfere with the natural flow of surface water, nor obstruct any drainage ditch.
No parking is permitted upon any road within the Properties at any time; and as part of the development of any Lot, the owner shall provide adequate offstreet parking for himself and his guest s.
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No sign of any kind larger than one square foot shall be displayed on any Lot, except temporary signs in connection with the construction, lease or sale of buildings or Lots, except street name and directional signs. The use of trailers within said subdivision is unauthorized, except for the use of temporary camping trailers. This covenant shall not be construed to permit the use of a camping trailer as permanent housing; no such camping trailer or camper shall be permitted to remain on any lot for a period in.
No noxious or offensive trade or activity shall be carried on upon any Lot or right-of-way, nor shall anything be done thereon which may be or become an annoyance or nuisance to the community. Without exclusivity, the following items and activities must be thoroughly screened by appropriate planting or a fence of approved design:. Refuse containers. All refuse must be kept in closed — sanitary containers at all times.
The Owner shall maintain, repair, and restore, as necessary, the exterior of any building or other improvements erected on any Lot owned by him. All Lots, improved or unimproved, must be maintained by Owner in a neat and orderly condition at all times. No garbage, refuse, trash, or inoperative vehicle or other debris shall be permitted to accumulate or remain on any Lot. Such action shall not be deemed a trespass, and the cost of same when performed by the Associations shall be added to and become a part of the assessment to which such Lot is subject.
No part of any Lot may be sold or used as a road or right-of-way to any land outside the Properties without the advance, written permission of Declarant. The use of community common properties is restricted to legally registered and licenced vehicles operated by licensed drivers. Declarant reserves the right to replat any Lot or Lots prior to delivery of a deed to an original purchaser. Nothing herein shall be construed to prevent Declarant from imposing additional covenants or restrictions on any Lot not already conveyed by it.
No lot in said subdivision may be resubdivided by the purchaser, his heirs, successors and assigns into more than two 2 lots. The minimum size of each lot subdivided, including the lot retained by the owner, shall not be less than five 5 acres. All sewage disposal systems constructed on said lots shall conform to the regulations of the appropriate West Virginia Department of Health. Free standing toilets are also subject to the aforementioned requirements and shall be placed in a secluded area whenever possible. No building shall be constructed and no water well shall be drilled on any lot until a sewage disposal permit has been obtained from the West Virginia Sewage Enforcement officer.
Hardy County WV Land Records
No trucks, buses, old cars or unsightly vehicles of any type or description may be left or abandoned on said lots. Declarant reserves the right to grant easements for installation and maintenance of public utilities between the property lines and the building restriction lines of all lots, in addition to easements reserved by any other instrument duly recorded. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association 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. The covenants, restrictions, and other provisions of this Declaration shall run with and bind the land for a term of twenty years from the date this Declaration is recorded, after which they shall be automatically extended for successive periods of ten 10 years. Invalidation of any of the covenants, restrictions, or other provisions of this Declaration by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.
Section 2. Section 3.
Found in 25 Collections and/or Records:
The mailing address of the Association shall be the registered business address of the Association, or the home address of the current Association Secretary. Section 1. Annual Meetings.
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The annual meeting of the Members shall be held on the first Saturday in June of year, at P. Eastern Time , for the purpose of electing Directors of the Association, and for transacting such other business as may come before the meeting. The annual meeting shall take place on the grounds of the Lost River Valley Subdivision or in close proximity thereto, such place being determined by the Board of Directors. Special Meetings.
Notice of Meeting. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. Section 4. If, however, such quorum shall not be present or represented in any meeting, the Members in attendance shall have power to adjourn the meeting without notice other than announcement at the meeting. The Board of Directors shall then schedule a new meeting and give appropriate notice to the members as specified in Article II.
Section 5. All proxies shall be executed in writing, by the Member or his duly authorized attorney, and shall be filed with the Secretary not later than immediately prior to the start of the scheduled meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot. A proxy shall cease to be valid one week after the date of its execution unless otherwise provided in the proxy.
Board of Directors. All nominees for Officers must be members of the Association. Nominations for the election of Officers may be in writing to the Secretary prior to an annual meeting. Nominations may also be made from the floor at the annual meeting. Such nominations must be made by members. Election of Officers.