PM Water Forest Lake Community Deed Restrictions in Pike County Pennsylvania

PM Water Forest Community

POCONO MOUNTAIN WATER FOREST

SCHEDULE ‘A ‘

In this Schedule A, the following words shall have the following meanings:

“Seller” means the “ Grantor” in and as defined in the Deed of which this Schedule is part ( including the successors and assigns of the Seller):

“purchaser” means the “Grantee” in and us defined in the Deed of which this Schedule A is a part including the heirs, successors, executors, administrators of the Purchaser ): and

“Home Site” means the premises referred to in the annexed document and if used for the erection of more than on private dwelling house, shall where the context so requires, mean that portion of the premises upon which the erection of one private dwelling is permitted by these restrictions:

1. The premises hereby conveyed shall be used for residential purposes only. No building shall be erected, altered, placed or permitted to remain on the premises hereby conveyed other than one detached single-family dwelling, not to exceed one and one half stories in height, and a private garage for not more than two cars.

2. No building shall be located on any lot nearer than 40 feet, to the front line, or nearer than 15 feet to any side yard, ( or 30 feet to any combined side yard) or nearer than 25 feet to any rear lot line.

3. Easements for installations and maintenance of utility and drainage facilities are reserved over the front 10 feet of each lot and side and rear 5 feet of each lot.

4. No structure of a temporary character, trailer, basement, tent, shack , garage, barn or other out -building shall be sued on any lot at any time as a residence, either temporarily or permanently.

5. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that a dog, cat or other household pet may be kept provided that they are not kept, bred, or maintained for any commercial purposes.

6. NO lot shall be sued or maintained as a dumping ground for any rubbish. Trash, garbage or other waste shall be kept in sanitary containers .No motor vehicle or any substantial part of one shall be kept on the lot unless than currently licensed for operation on public highways.

7. No individual water supply system shall be permitted on any lot or building site unless such system is located, constructed and equipped on accordance with the requirements, standards and recommendations of the State and /or local public health authorities.

8. No individual sewage disposal system shall be permitted on any lot or building site unless such systems is located, constructed and equipped in accordance with the requirements, standards and recommendations of the State and /or local public health authorities.

9. NO building or structure, including water system and sewage disposal system shall be erected, upon the premised hereby conveyed without first obtaining the approval, in writing of the Seller, as to location, elevation, plan and design. The seller shall approve or disapprove the said location, elevation plan and design within 15 days after the same have been submitted. Such approval will not be unreasonably withheld and is subject to the requirements, standards and recommendations of the State and/or local public health authorities.

10. No excavation shall be made on the premises except for the purpose of building thereon and only at the time when building operations are to commence. No earth or sand shall be removed from the premises, except as part of such excavation without the written consent of the Seller, which shall not be unreasonably withheld.

11. Purchaser shall not clear the lot of bush or trees or do any burning of any nature whatever, except after having first obtained the approval of the seller, in writing, such approval to specify the time and manner in which such clearing or burning shall be done.

12. Until dedicated to public use, title to the portion of the lands of the Seller laid down on maps as streets shall remain in the seller subject to the right of the purchaser and others and those claiming under them to use the same for ingress and egress to and from public roads, and subject to the right of the seller to maintain or grant the right to maintain water mains, sewer pipes, street drains, gas mains, fixtures for street lighting, telephone and electric poles, within the lines of such roadways. The seller hereby reserves the right to vest maintenance and control of the said private streets, roadways and rights of way or some of them in Pocono Mountain Water Forest Community Association to be formed or in any other group, company or corporation designated by the Seller.

13. The purchaser agrees not to permit any signs to be erected or maintain on the premises for advertising purposes.

14. The purchaser agrees, if as and when same is formed, to join the Pocono Mountain Water Forest Community Association and to maintain such membership and pay (1) such annual fees and dues as the Association may by its by-laws prescribe, (ii) such assessments as the association may charge for the repair and maintenance of the streets and roads and (iii) such assessments as the association may charge for control, maintenance and administration of the recreational facilities, is any. It is understood and agreed that the seller will be a member of the association, by virtue and charges. The purchaser hereby agrees to require as a condition precedent to the sale of the premises hereby conveyed, that any subsequent purchaser shall join the aforesaid association.

15. Until such time as grantee joins the Property Owners Association and begins its charges and dues, each lot owner shall pay to the seller the sum of $90.00 per year for snow removal and maintenance of the streets, beach and walking easements.

16. Anyone making a nuisance of himself or herself, shall be, at the discretion of the seller, denied the privileges at the recreational facilities for a limited period of time.

17. It is covenanted that the seller shall have the right after giving five days written notice to the purchasers, to enter upon the premises upon which any structure 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.

18. All sewage disposal systems shall be constructed in accordance with recommended standards of the public health authorities. Sewage disposal systems will not be install within 30 feet of any body of water or water course, or within 10 feet of any lot line.

19. All corner lots shall be subject to a sight easement over a triangle, the legs of which are 30 feet measured along the street right of way lines from their point of intersection.

20. Failure to promptly enforce any of the foregoing restrictions, conditions or covenants shall not be deemed a waiver of the right to do so thereafter as to any continuing, subsequent of other violation.

21. This Schedule A shall bind the seller, its successors, and assigns, and shall bind the Purchaser and the heirs , executors, administrators, successors and assigns of purchaser.

And the Said Grantor does hereby covenant and agree to and with the said Grantee that it, the said Grantor, its successors and assigns, shall and will specially warrant and forever defend the hereinabove described premises with there hereditaments and appurtenances, unto the said Grantee, his heirs and assigns against the said Grantor and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof.

IN Witness whereof the said Corporation has cause these presents be executed and its common or corporate seal hereto affixed.