Birchwood Community Deed Restrictions in Pike County Pennsylvania

Birchwood Lake Community

BIRCHWOOD LAKE DEED RESTRICTIONS

The following restrictions are covenants running with the land which are part of a general development scheme relating to the land heretofore described and shall run with and bind the land and the grantee, his heirs and assigns, to be conveyed hereunder subject to the right of the grantor, its successors and assigns, of the tract of which said premises are a part to waive any of the following restrictions for any plot or group of lots when in the opinion of the grantor, its successors and assigns, such waiver may be desirable or necessary.

1. All lots and parcels of land in the subdivision known as BIRCHWOOD LAKES, PIKE COUNTY, PA, shall be reserved and used for single family residential purposes exclusively, excepting those specifically designated by the Grantor as business or commercial property.

2. (a) No Structure or building of any sort shall be moved to, erected or constructed on any plot until a complete set of plans and specifications has been submitted to and approved in writing by ALL AMERICAN REALTY CO., INC. Disapproval of plans and specifications by ALL AMERICAN REALTY CO., INC., may be based on any ground including purely aesthetic grounds. No tent, trailer, or other temporary structure of any kind may be erected on or moved to any lot or lots. (b) No lot shall be cleared of brush, trees, or anything else of any inflammable nature except after having first obtained the approval of ALL AMERICAN REALTY CO. INC. in writing, such approval to specify the time and manner in which such clearing shall be made.

3. Said premises, in addition to the restrictions and conditions herein contained are to be conveyed subject to all rules, regulations and ordinances and zoning regulations of the Township of Delaware, where the same apply, if any, relative to the construction and erection of buildings.

4. No building shall be erected on any plot within 25 feet of the front line of said plot; nor within 10 feet, and in the case of Lake Front Lots, 5 feet; from the side line of any adjoining owner or street.

5. Sewerage from all buildings erected on the premises shall be cared for by the owners or occupants by installing a septic tank which shall at all times be maintained in a proper sanitary condition, in accordance with legal requirements. No privy vaults shall be maintained on said premises.

6. Dwellings shall be single family type, only one to be erected on any one plot of_____ feet frontage or more, and in the case of Lake Front Lots, ______ feet frontage or more. Private garages in harmony with the main buildings may be erected but must be at least 50 feet from the front line of plot, except when connected directly with main building.

7. No structure shall extend into the waters of the lakes, except a flat dock not higher than 2 foot above the average high water mark, nor extend more than 15 feet beyond the shore line.

8. Boats must be anchored no more than 15 feet from the shore lines when not in use, in order that navigation of lakes will not be impeded. The lakes shall be used by no one who is not an owner of a plot at Birchwood Lakes, or a guest or member of the family of such owner, provided they shall first be approved for honorary membership in Birchwood Lakes Country Club, Inc. It is distinctly understood that the use of the lakes for navigation, or anchorage is to be at the risk of the owner of the vessel and ALL AMERICAN REALTY CO., Inc. shall not be liable for damages or injury resulting from submerged objects, collision or otherwise. No cutting of boat slips or other similar excavating within the lot line or building of bulkhead walls shall be done without the express written approval of ALL AMERICAN REALTY CO., INC.

9. The Grantor, for itself, its successors and assigns, hereby reserve, without further assent or permit from the purchaser, his, her, their or its successors in title, unto itself, or to grant to any public utility company, municipality or water company an easement or a right of way granting the right to erect and lay or cause or permit to be erected, laid, maintained, removed or repaired in all roads, streets, avenues, ways on which the land to be conveyed abuts, and also on a ten-foot strip of land located in the rear of the lots to be conveyed hereunder, electric light, telephone and telegraph poles and wires; water, sewer, gas pipes and conduits, catch basins, surface drains and such other customary or usual appurtenances as may from time to time in the opinion of the grantor, its successors or assigns or any utility company or municipality be deemed or advisable in connection with the beneficial use of the lots shown on a plan of the land to be conveyed hereunder, and all claims for damages, if any, by the construction, maintenance and repair thereof, or on account of temporary or other inconvenience caused thereby against the seller or any utility company or municipality, or any of its agents or servants, is hereby waived by the purchaser. The Grantor does further reserve the right to change, lay out anew or discontinue any street, avenue, or way shown on the plan of development not necessary for ingress or egress to and from the premises to be conveyed hereunder. No dedication of public use of roads, streets, avenues, ways or beaches is intended to be made by the conveyance hereunder.

10. No noxious of offensive trade or entertainment, including the keeping of animals, shall any nuisance be maintained thereon.

11. It is covenanted that ALL AMERICAN REALTY CO., INC. shall have the right, after giving five (5) days written notice to the lot owner, to enter upon any lot or lots upon which any structures or nuisances have been erected or maintained contrary to any of these covenants, and remove said objectionable structure or nuisance, without liability for damage for such action, assessing the reasonable cost thereof against the owner.

12. No part or portion of said premises shall be used or occupied by any person or persons unless such person or persons shall first be approved for membership in the Birchwood Lakes Country Club, Inc.

13. No signs of any type, including for sale signs, shall be erected or maintained on the premises.

14. Each 25’ lot, and in the case of Lake Front Lots, each 20’ lot, included in this agreement shall be subject to an annual lien and charge of $10.00 and the Grantee, his, her, or their heirs, successors, executors, administrators and assigns agree to pay to the Grantor, its successors and assigns the sum of Ten ($10.00) Dollars for each of such lots, annually on the first day of May hereafter, for beach privileges, whether the same are exercised or not. The title to all land designated as beach is expressly retained by the Grantor. The Grantee, his, her, or their heirs, successors, executors, administrators, and assigns further agree that the use of said beaches is subject to approval of the user for membership in Birchwood Lakes Country Club, Inc. hereinabove provided, and in the case of a guest or member of the family, provided they shall first be approved for honorary membership in Birchwood Lakes Country Club, Inc., and to compliance with the rules and regulations from time to time promulgated by the Grantor, its successors and assigns, it being understood that the charge for such beach privileges in addition to constituting a lien against each lot included in this agreement, shall constitute a debt which may be collected by suit in any Court of competent jurisdiction, and upon the conveyance of any of the land described herein, successive owner or owners shall, from the time of acquiring title, be held to have covenanted and agreed to pay the Grantor, its successors or assigns, all charges, past or future, as provided for in this paragraph. In no event, however, shall the annual lien and charge for Beach Privileges be less than $30.00 per annum.

The Grantor, its successors and assigns, shall be the sole owner of said charge and lien for beach privileges and shall maintain beaches in such manner as Grantor in its sole discretion may deem advisable and the Grantee, for himself, herself, or their administrators and assigns shall use said beaches only in accordance with the rules and regulations of the Grantor, its successors or assigns, and the Grantee, his, her or their heirs, successors, executors, administrators and assigns, does hereby expressly recognize in the Grantor, its successors or assigns, the right to deny the use of said beaches for violation of such rules and regulations without impairing the obligation to pay the charge for the same as herein provided.

15. Failure to promptly enforce any of the above restrictions, conditions or covenants shall not be deemed a waiver of the right to do so thereafter and the invalidation of any of the above covenants or restrictions by judgment of any component Court shall in no wise affect any of the other provisions which shall remain in full force and effect.

In addition to the conditions, reservations and restrictions contained in this Deed, it is covenanted and agreed between the grantor, its successors and assigns, and the grantee, his heirs, executors, administrators, successors and assigns, that no part or portion of the above described premises shall be owned, used or occupied, directly or indirectly, by any person or persons unless such person or persons shall first be approved for membership in Birchwood Lake Country Club, Inc. Nor will the grantee sell, convey, rent, lease or permit to be occupied, the premises hereby conveyed, to or by any persons, excepting those first approved for membership in Birchwood Lakes Country Club, Inc. and will submit the required application to said Club, and obtain approval thereof before any sale, conveyance, lease or rental is consummated, or occupancy is permitted. This paragraph shall also operate with respect to any devolution of title by operation of law or otherwise, and shall run with the land.