Trails End Lake Community Deed Restrictions in Pike County Pennsylvania

Trails End Lake Community

CONSOLIDATED DECLARATION OF RESTRICTIONS

SHOHOLA FALLS TRAILS END

SHOHOLA FALLS , PIKE COUNTY

PENNSYLVANIA

This declaration, made this 16^th day of April , 1973, by Greenbriar Development Company, Inc, herein referred to as “DECLARANT”..

WITNESSETH

Whereas, Declarant is the owner of all the real property as set forth and described as Section I and Section II, Shohola Falls Trails End according to Certain subdivision plats recorded with the Recorder of Deeds of Pike County in Plat Book 9 page 72 (Section I), and Plat Book 10 pages 80 through 84 (Revised Section I; and Section II), and is made a part hereof and incorporated herein be reference; and Whereas, Declarant has recorded its Declaration of Restrictions as originally applying to Section I dated November 24^th , 197l and recorded in Pike County Deed Book Volume 257 Page 752;and

Whereas, Declarant has recorded its various Amendments to said Declaration of Restrictions as they applied to Section I dated August 8^th, 1972, and recorded in Deed Book Volume 293 pate 194, dated September 19^th, 1972, and recorded in Deed Book Volume 295 Page 77, and dated March 21^st, 1973, and

Whereas, it is the desire of Declarant to consolidate said Amendments and certain additional Amendments into a single set of restrictions and to extend the same to Section II as well as to Section I, and to record the same; and

Whereas there are subdivided numbered lots, herein called “Campsites”, set forth and described in the above recorded plats; and

Whereas , Declarant has sold and is about to sell and convey said campsites and desires to subject them to and impose upon them mutual and beneficial restrictions, covenants, conditions and charges, hereinafter collectively referred to as “Restrictions”, under a general plan or scheme of improvement for the benefit and compliment of al the campsites in the Subdivision, and the future owners of said campsites;

Now, THEREFORE, Declarant hereby declares that all of said campsites are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following restrictions, all of which are declared and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the property described in the plat and of the Subdivisions as a whole. All of the restrictions shall run with the land and shall be binding n all parties having or acquiring any right, title and interest in and to the real property or any parts thereof.

1. APPLICABILITY

A. These Restrictions shall apply to subdivided numbered campsites only and are specifically excluded from application to other lands designated on the plats as parcels or lands of Declarant, which parcels of land are intended for residential, commercial, recreational or community uses.

2. TERM

A. These restrictions shall affect and run with the land and shall exist and be binding upon all parties and all persons claiming under them until January 1^st, 2000, after which time the same shall be extended for successive periods of ten (10) years each, unless an instrument signed by majority of the then owners of the campsites subject thereto has been recorded, agreeing to change the Restrictions in whole or in part; provided, however, that at any time before January 1^st , 2000, these Restrictions maybe amended by a vote of the then record owners of two-thirds (2/3) of such campsites.

3. MUTUALITY OF BENEFIT AND OBLIGATION

A. The Restrictions and agreements set forth herein are made for the mutual and reciprocal benefit of each and every campsite in the Subdivision and are intended to create mutual, equitable servitude’s on each of the said campsites in favor of each and all of the other campsites therein; to create reciprocal rights between the respective owners of all of said campsites; to create a privity of contract and estate between the grantees of said campsites, their heirs, successors and assigns, and shall as to the owner of each such campsite, his heirs, successors or assigns, operate as covenants running with the land for the assigns, operate as covenants running with the land for the benefit of each and all other campsites in the Subdivision and their respective owners.

4. EXCLUSIVE CAMPING USE

A. No campsite shall be used except for camping purposes

B. No campsite shall be used as a residence.

C. The Shohola Falls Trails End Property Owners Associations Campsite Control Committee shall maintain an approved list of equipment and recreational vehicles that can be utilized.

5. EASEMENTS

A. Declarant reserves for itself, its successors and assigns, for purposes incident to its development of the real property subject to these Restrictions the following easements and/or rights of way:

1. For the use and maintenance of drainage courses. These easements are ten (10) feet in width unless otherwise specified on the recorded plat and are centered around the existing drainage channels.

2. For maintenance and permanent stabilization control of slopes as may be listed as slope easements on the plat.

3. Additional easements shall be granted as are required for the practical construction , operation maintenance of any electrical facilities.

B. Declarant has dedicated, or will dedicate, to the appropriate utility co or companies rights of way and easements for areas for the installation and maintenance of public utilities over strips of land five (5) feet in width along the side property lines, ten (10) feet in width along rear property line and fifteen (15) feet in width along the front property line of each campsite as noted on the plats.

C. Declarant reserves for itself, its successor and assigns, an exclusive easement for the installation and maintenance of community footpaths, community bridal paths and the like within the rights of way and easement areas reserved above.......

6. OWNERSHIP, USE AND ENJOYMENT OF STREETS, PARKS AND RECREATIONAL AMENITIES.

A. Each of the streets, parks and recreational amenities designated on the plats is private and neither Declarant’s execution or recording of the plats, nor any is intended to be , or shall be construed as a dedication to the public of any of the said streets, parks or recreational amenities. An easement for the use and enjoyment of such streets. park, and recreational amenities is reserved to the Declarant, its successors and assigns; to the persons who are, from time to time, members of Shohola Falls Trails End Property Owners Associations, and to the tenants and occupants of any guest house or inn that may be erected within the boundaries of the subdivision and to the invites of all of the aforementioned persons.

B. The ownership of all the recreational amenities within the subdivision shall be in the Declarant, its successors and assigns, and the use and enjoyment thereof shall be on such terms and conditions as Declarant, its successors and assigns, shall from time to time license; provided, however, that any or all of the amenities may be conveyed or leased to Shohola Falls Trails End Property Owners Associations upon such terms and conditions as may be acceptable to the Declarant.

7. SHOHOLA FALLS TRAILS END PROPERTY OWNERS ASSOCIATION

A. Shohola Falls Trails End Property Owners Association shall be an association formed under the laws of the Commonwealth of Pennsylvania , hereinafter called “Association”.

B. Every person who acquires title, legal or equitable, to any campsite the subdivision shall become a member of Shohola Falls Trails End Property Owners Association.

C. The general purpose of The Association is to further and promote the community welfare of the property owners in the subdivision.

D. The Association shall be responsible for the maintenance, repair and upkeep of the streets, parks and other community areas within the subdivision and the appurtenant drainage and slope easements reserved by the Declarant.

E. The Association shall also be the means for the promulgation and enforcement of all regulations necessary for the governing of the use and enjoyment of such streets, parks, and other community areas within the subdivision.

F. The Associations shall have all the powers that are set out in its by-laws and all other powers belonging to it by operation of law, including the power to levy against every member of the Association a uniform annual charge per campsite within the subdivision, the amount of said charge to be determined by the Board of Directors of the Association after consideration of current maintenance needs and future needs of the Association, for the purposes set in its by-laws.

1. Every such charge shall be paid by the member to the Association according to the instructions provided by the Board of Directors and included within the written notice of the charge sent to each member at the last known address furnished to the Association by the Member.

2. Written notice of charge shall be sent to each member at the last known address furnished to the Association by each member.

3. If any such charge shall not be paid when due it shall bear interest from the date of delinquency at the highest legal rate at the time; the

Association may publish the name of the delinquent member in a list of delinquent members or by any other means of publication; and the Association may file a notice that it is the owner of a lien to secure payment of the unpaid charges plus costs and reasonable attorneys; fees, which lien shall encumber the campsite against which the charge has been made, and which notice shall be filed in the office of the clerk of the Common pleas court of the sixtieth judicial district of the Pike County Branch.

In addition to the remedy of lien foreclosure, the Association shall have the right to sue for such unpaid charges, interest, costs and reasonable attorneys’ fees in any court of competent jurisdiction as for a debt owed by the delinquent member or members to the Association.

Every person who shall become the owner of the Title (legal or Equitable) to any campsite in the subdivision by any means is hereby notified that, by the act of acquiring such title, such persons shall be conclusively held to have covenanted to pay the Association all charges that the Association shall make pursuant to any paragraph of subparagraph of these restrictions.

4. The Associations shall upon demand at any time furnish a certificate in writing signed by an officer of the Associations certifying that the charges on a specified campsite have been paid or that certain charges against said campsite remain unpaid as the case may be. A reasonable charge may be made by the Association for the issuance of these certificates. Such certificates shall be the conclusive evidence of payment of any charges therein stated to have been paid.

G. The Association shall have the rights to suspend the voting rights

(if any):

1. For any period during which any Association charge owed by the member or associate member remains unpaid.

2. During the period of any continuing violation of the Restrictive Covenants for the subdivision, after the issuance of the violation shall have been declared by the Association.

8. ASSOCIATION’S RIGHT TO PERFORM CERTAIN

MAINTENANCE

A. In the event an owner of any campsite in the subdivision shall violate these Restrictions as to usage of the campsite utilities and/or attempt to place or erect any structure not in compliance with, or in violation of, a valid building permit. The Association shall have the right , through its agents and employee’s to enter upon said campsite and remove the same.

1. The Association shall first notify the owner of any campsite, in writing, of its intent to so enter upon the premises and allow the owner ten (10) days to accomplish a correction of the violation before the Association shall exercise its right to enter upon said campsite as empowered by these Restrictions.

2. The cost of such maintenance or violation correction shall be added to and become part of the annual charge to which the campsite is subject.

9. RIGHTS OF FIRST REFUSAL

A. Whenever the owner of any campsite in the subdivision shall receive a bona fide offer to purchase said campsite, which offer is acceptable to said owner, or shall independently decide to put said campsite on the market, said owner shall offer to sell said campsite, at the price and the same terms contained in said bona fide offer, or (if the owner shall independently have decide to put said campsite on the market) at the price and on the terms acceptable to said owner, first to the Declarant, its successors and assigns. Said offer to the Declarant shall be in writing and the Declarant, upon receipt of said notice shall have ten (10) days within which to accept or reject such offer. If Declarant refuses to purchase said campsite at the price and the terms proposed by said owner, said owner shall be free, subject to the limitations contained herein requiring the purchase r to have been approved for membership in Shohola Falls Trails End Property Owners Association, to sell said campsite to the party who shall have made the bona fide offer or (if said owner shall independently have decided to put said campsite on the market) to any third party. In either case at a price and on the terms not substantially more favorable to the purchaser than those offered, as aforesaid to Declarant or its successors and assigns.

10. REMEDIES

A. The Association, Declarant, or any party to whose benefit these Restrictions inure may proceed at law or in equity to prevent the occurrence, continuation or violation of any of these Restrictions and the court in any such action may award the successful party reasonable expenses in prosecuting such action, including attorney’s fees.

B. The remedies herein specified are cumulative, and this specification them shall not be taken to preclude an aggrieved party’s resort to any other remedy at law, in equity, or under any statute. No delay or failure on the part of an aggrieved party to invoke an available remedy in respect to a violation of any of these restrictions shall be held to be a waiver by that party of ( or an estoppel of that party to assert) any right available to him upon the reoccurrence of continuation of said violation or the occurrence of a different violation.

11. GRANTEE’S ACCEPTANCE

A. The grantee of any campsite subject to the coverage of this

Declaration , by acceptance of a deed conveying title thereto, or the execution of contract for the purchase thereof, whether from the Declarant or a subsequent owner of such campsite, shall accept such deed or contract upon and subject to each and all of these Restrictions and the agreements herein contained, and also the jurisdiction, rights and powers of Declarant, and by such acceptance shall for himself, his heirs, personal representatives, successors and assigns, covenant, consent and agree to and with Declarant, and to and with the grantees and subsequent owners of each of the campsites within the subdivision to keep, observe, comply with and perform said Restrictions and Agreements.

B. Each such grantee also agrees by such acceptance to assume, as against Declarant, its successors and assigns, and as against the Shohola Falls Trails End Property Owners Association, all risks and hazards of ownership or occupancy attendant to such campsite, including but not limited to its proximity to recreational and camping facilities and their inherent activities and to waterways of every kind.

12. UTILITIES

A. All campsites are served by water and electricity. Each and every campsite is equipped with electric service and each and every owner accepts said service and agrees to abide by such service. Such service is determined by the Board of Directors. Any deviation from this provision, either by circumventing the existing service, or attempting to replace the existing service with a larger service, shall be in violation of this section of these Restrictive Covenants and be subject to the provisions contained in Section 8 of these Restrictive Covenants.

B. Original Purchasers of non- sewered campsites from Greenbriar Development Company may, if feasible, elect to connect to the sewage system under the terms of the original offering. Subsequent purchasers of campsites shall assume the cost of connection, where feasible at a price to be determined by the Board of Directors, at the time of the connection.

C. Declarant will provide centralized sanitary facilities, including water closets, showers, and lavoratories.

13. SEVERABILITY

A. Every one of the Restrictions is hereby declared to be independent of,and severable from, the rest of the Restrictions and of and from every other one of the Restrictions and from every combination of Restrictions. Therefore, if any of the Restrictions quality of running with the land , that holding shall be without effect upon the validity, enforceability of running with the land quality of any other one of the restrictions.