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Birchwood Lakes 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.
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