Wild Acres Lake Community Deed Restrictions in Pike County Pennsylvania

Wild Acres Lake Community

WILD ACRES DEED RESTRICTIONS

1. All lots and parcels of land in the subdivision known as WILD ACRES, PIKE COUNTY, Pa., shall be reserved and used for single family residential purpose exclusively, excepting those specifically designated by the SELLER as multi-residence, condominium, business or commercial property.

2. (a) No structure or building of any sort or swimming pool 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 MARCON, INC., in accordance with the Wild Acres Building Code. Disapproval of plans and specifications by MARCON, 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 MARCON, INC. in writing, such approval to specify the time and manner in which such clearing shall be made.

(c) No contractor or workman may enter the premises without first securing a work permit available at the property office.

3. No building shall be erected on any plot within 25 feet of the front line of said plot; nor within 10 feet from the side line of any adjoining owner or street. If a structure, or any part thereof, shall be built within the set back area, the same shall be removed unless a variance permitting the same to remain shall be granted in the sole discretion of the Developer.

4. Sewerage from all buildings erected on the premises (except in Section 19-22) 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.

5. Dwellings shall be single family type, only one to be erected on the premises. 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.

6. No structure shall extend into the waters of the lakes, except a flat dock not higher than 2 feet above the average high water mark, nor extend more than l5 feet beyond the shore line.

7. Boats must be anchored no more than l5 feet from the shorelines 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 WILD ARCES, or a guest or member of the family of such owner, provided they shall first be approved for honorary membership in Wild Acres 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 MARCON, 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 or bulkhead walls shall be done without the express written approval of MARCON, INC. The boundary line of the lake front shall be the high water mark of the lake.

8. The Developer for itself, its successors and assigns hereby reserves without further consent or permit from the lot owner, his, her, their or its successors in title, unto itself the right 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 lot conveyed abuts, electric light, telegraph and telephone poles and wires, water, sewer, gas pipes and conduits, surface drains and such other customary or usual appurtenances as may from time to time, in the opinion of the Developer, or any utility company or municipality be deemed necessary or advisable in connection with the beneficial use of the lots shown on a plan of the land to be conveyed hereunder.

Easements are reserved along and within ten feet of all lot lines of all the lots for the construction and perpetual maintenance of electric light, telegraph and telephone poles and wires, water, sewer, gas pipes and conduits, surface drains and other public and quasi public utilities catch basins drainage and to trim any trees which at any time may interfere or threaten to interfere with the maintenance of such lines with right of ingress to and egress from and across said premises to employees of said utilities. Said easement to also extend along any owner’s side and rear property lines in cases of fractional lots. The owner of more than one lot may build on a common lot line and the easement shall be inoperative as to said line provided that such building be placed thereon prior to the initiation of use of such easement for one of the foregoing purposes.

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 Developer or any utility company or municipality, or any of its agents or servants is hereby waived by the owned. The Developer 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, so long as it does not so in regard to any street, etc. on which the premises front or abut and permits BUYER to have access to all other roads in the subdivision section. No dedication of public use of roads, streets, avenues, ways or beaches is intended to be made by the conveyance hereunder.

9. No structure with an unfinished exterior shall be permitted to remain on any lot for a period exceeding six months from the date of the commencement of construction.

10. No noxious or offensive trade or entertainment, including the keeping of animals, other than commonly accepted domestic pets, shall be carried on upon any lot nor shall any nuisance be maintain thereon.

11. It is covenanted that MARCON, 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 signs of any type, including for sale signs, shall be erected or maintained on the premises.

13. (a) Each lot owner agrees to pay to Wild Acres Country Club, Inc., a Pennsylvania Corporation, commencing on the first day of May of the calendar year of his date of purchase and/or contracting for the purchase of said lot and on the first day of May of each year thereafter the sum of at least $150.00 for each lot. Such charge is intended to cover the expense of maintaining, protecting and operating the recreational facilities and the roads in Wild Acres. The Club reserves the right on thirty (30) days’ prior written notice to a lot owner, to increase such charge. Any increase shall bear a reasonable relationship to the increase in costs or the increase of benefits to the lot owner of Wild Acres provided thereof.

(b) The title to all land designated as beach or recreational areas is expressly reserved and retained by the Developer, its successors and assigns. The lot owner for himself, his heirs, successors, administrators, executors, assigns, guests, or members of his family agrees that the use of said beach or recreational areas are subject to the approval of Wild Acres County Club, Inc., and subject to compliance with the rules and regulations from time to time formulated by the Wild Acres Country Club, Inc., its successors and assigns. It being understood that the annual charge made for beach privileges shall constitute a lien against each lot heretofore stated, and in the event that the lot owner shall fail to pay said annual charge within sixty days after the first day of May of each and every year, the lot owners herewith for himself, his heirs and assigns, hereby authorizes and empowers any attorney of any Court of record to appear for and confess judgement against the lot owner, his heirs and assigns, for the amount due, said judgement not to be entered until ten (10) days’ written notice of said default has been given to the lot owner, his heirs and assigns, by United States Certified Mail. The lot owner, for himself, his heirs, and assigns agrees that the entry of judgement by the Developer against the lot owner shall not exhaust the said authority but that the Developer on the lot owner’s future default shall have the right to successive entries of judgement. In no event, however, shall the annual lien and charge for beach privileges and recreational areas as heretofore stated, be less than $150.00 per annum or such reasonable additional monies as may be determined in the discretion of Wild Acres Country Club, Inc., its successors and assigns. In addition to the remedies heretofore stated, Wild Acres Country Club, Inc. shall have the option on failure to pay the said assessment, as heretofore stated, to prevent the access and use of the aforementioned facilities by the lot owner, his heirs, successors, assigns, guests, and family until payment of the same and this option shall be enforceable by mandatory injunction.

(c) The Wild Acres Country Club, Inc., its successor and assigns shall maintain beaches and perform maintenance in such manner as the Wild Acres Country Club, Inc., in its sole discretion may deem advisable and the lot owner, for himself, herself or their administrators and assigns does hereby expressly recognize in the Wild Acres Country Club, Inc., its successors or assigns the right to deny the use of said beaches and other common use facilities for violation of such rules and regulations without impairing the obligation to pay the charge for the same as herein provided.

14. The Developer will construct a central water system providing water service to lots, except lots in Sections 1, 2, 3, 7 and 18. At or after such time as such service is made available to the lot, Developer will give written notice to lot purchaser when such service is available. After such notice, the purchaser of each lot at which such service is available shall pay an annual water charge of at least $40 per lot whether or not such service is utilized and at least $80 per lot when such service is utilized, which may be billed on an annual, quarterly, or monthly basis, at the discretion of the Developer. The annual water charge shall be payable within 60 days from the date of such notice, however, the water charge will not begin earlier than the first of January of the calendar year following the date of the Sales Contract. Such annual water charge shall be payable within 60 days after lot purchaser is so notified and will cover the proportionate part of the calendar year from the date of such notice to the end of the calendar year. In addition, a hook up or connection fee of $95 or the actual cost thereof at the time of such hook up, if greater, shall be charged for each water connection made. Developer reserves the right to increase said rates and charges, provided such increases are in compliance with and approved by the rules and regulations of the appropriate state authority.

15. 1. a. The Developer will construct, or cause to be constructed, a central sewage system providing sewer service to lots in Section 10 through 22, and the purchaser of a lot shall pay an annual charge of at least $60 per lot, as provided herein, whether or not such services are utilized, as established by Developer, or an annual sewer rate when such services are utilized, at such rates, charges and installation costs as may be, from time to time, established by Developer or public utility company and approved by the Pennsylvania Public Utility Commission. Such charges may be billed periodically. Lot purchaser will bear the costs of connection to sewer facilities at his lot and, in addition , a hook-up or connection fee of $95 or the actual cost thereof at the time of such hook-up, if greater, shall be charged for each sewer hook-up made. Developer reserves the right to transfer the sewage system and all rights thereto to a public utility company.

(b) No storm or surface water or waters from any source may be connected or drained into the central sewer system.

(c) Purchaser shall not be permitted to build until central sewage is available to his lot within Sections 19 through 22, inclusive. No individual sewage disposal systems shall be permitted on any residential lots therein and no approval for construction of any structure shall be granted until central sewage is available to purchaser’s lot(s), within Sections 19 through 22, inclusive.

2. In consideration for general improvements including central sewage disposal facilities, to be constructed by Developer, its successors or assigns, within the area known as Sections 19 through 22, inclusive, of Wild Acres, the lot purchaser shall pay to Developer, its successors or assigns, an amount of $60 annually, beginning with the month immediately following the date when sewage collection facilities have been constructed which are available for use in connection with said lot and payable periodically thereafter; provided, however, that irrespective of the fact that other general improvements shall have been constructed by Developer, the foregoing charge of $60 annually shall not be imposed so long as the lot purchaser shall be a customer of the public utility sewage company owning and operating said sewage disposal facilities, and shall pay the rates filed with the Pennsylvania Public Utility Commission. Said annual charge shall constitute a lien against each lot as heretofore stated, and in the event the lot purchaser shall fail to pay said charge within sixty days, the lot purchaser herewith for himself, his heirs and assigns, hereby authorizes and empowers any attorney of any Court of record to appear for and confess judgement against the lot owner, his heirs and assigns for the amount due, said judgement not to be entered until ten (10) days written notice of said default has been given to the lot purchaser, his heirs and assigns, by United States Certified Mail. The lot purchaser, for himself, his heirs and assigns, agrees that the entry of judgement by the Developer against the lot owner shall not exhaust the said authority but that the Developer on the lot purchaser’s future defaults shall have the right to successive entries of judgment.

16. 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 judgement of any competent Court shall in no wise affect any of the other provisions which shall remain in full force and effect.