DECLARATION OF PROTECTIVE COVENANTS, EASTMENTS, RESTRICTIONS, EXCEPTIONS, RESERVATIONS AND CONDITIONS PERTAINING TO THE LAND OF LATTIMORE DEVELOPMENT ASSOCIATES

THIS DECLARATION OF PROTECTIVE COVENANTS, EASEMENTS, RESTRICTIONS EXCEPTIONS, RESERVATIONS AND  CONDITIONS PERTAINING TO THE LAND OF LATTIMORE DEVELOPMENT ASSOCIATE, A PARTNERSHIP, (hereinafter referred to as the “Declaration”) , is and shall be applicable to all land in the “Development” hereinafter mentioned. This Declaration is made by Lattimore Development Associates., a Partnership (hereinafter referred to as the “Declarant”).

WITNESSETH;

WHEREAS, Declarant is the owner of certain real estate under a Deed dated June 114, 1983 between Girl Scout Council of Greater Essex County, a Non –Profit Corporation, and Lattimore Development Associates, a New Jersey partnership, which Deed was recorded in the Office of the Recorder in and for the County of Pike, State of Pennsylvania on June 21, 1983 in Deed Book No.  869 at page 313  said land being known as and hereinafter referred to as Traces of Lattimore: and

WHEREAS, Declarant deems it necessary and appropriate  to adopt the covenants, restrictions and easements contained herein in order to enhance and protect the value and desirability of the real property as a whole and to enhance and protect the value, desirability and attractiveness of each of said lots situate in the real estate development known as Traces of Lattimore.

NOW, THEREFORE, Declarant hereby declares that the real property more particularly and at large described on Exhibit ”A” attached hereto and made a part hereof and incorporated by reference herein  as fully as though set forth at length, is and shall be held, improved , transferred , sold, lease conveyed, hypothecated, encumbered, rented, used, and occupied subject to the terms and conditions of this Declaration which is declared and agreed to be in furtherance of a uniform plan for the development of the real property. This Declaration is declared and agreed and intended to enhance and protect the value and desirability of the real property as a whole and to enhance and protect the value, desirability and attractiveness of each of said lots situated in the real estate development know as Traces of Lattimore. This Declaration shall create and is intended to create mutual equitable servitude’s upon each of the lots and to create reciprocal rights and duties between and among the respective owners of all of said lots, and their grantees, heirs, devisees, successors and assigns. All of the provisions of this Declaration shall be deemed to run with the land and to be a burden and benefit to all lot owners, their grantees, heirs, devisees, successors and assigns.

I.                    DEFINITIONS

 

For the purposes hereof the following definitions or meanings shall apply to the words and phrases throughout this document unless a different or contrary meaning is clearly specified:

1.      “Declarant” is Lattimore Development Associates, also designated “ Grantor” herein, a partnership with an office and place of business situated at Doolan Road, Dingman’s Ferry, Pennsylvania 18328.

2.      “Development” is the large land areas situate in the Township of Delaware, County of Pike and /Commonwealth of Pennsylvania, comprising the Traces of Lattimore real estate development and the premises more particularly and at large described on Exhibit “A” attached hereto and made a part hereof, and incorporated by reference herein, the premises more particularly and at large described on Exhibit “A” have heretofore been acquired by Declarant.    

3.      “Official Map” shall be a map, maps, or plan or plans drafted by  Declarant designating a “Section “ and “ Lots” or other land areas within such “ Section”  and entered of record in the office for the Recording of Deeds, etc., at Milford, Pennsylvania, in and for the County of Pike.

4.      “Lot” shall mean an area of land which is part of said Development and which is specifically designated and numbered on an “Official Map” by arabic numeral or numerals in a section of the Development as marked and designated on the “Official Map”.

5.      “Section” shall mean a part of the Development appearing on an “Official Map”. A “Section” shall be composed of “lots” and/or other land divisions.

6.      “Covenant” or the plural “Covenants” shall mean one (1) or more as obviously and reasonably applicable of the covenants contained herein as well as one (1) or more  of the rights, privileges, benefits, easements, conditions , reservations, terms and provisions contained herein.

7.      “Grantor” shall mean Lattimore Development Associates, its successors and assigns. All of the covenants contained herein applicable to “ Grantor” shall extend to its successors and Assigns.

8.      “Grantee” shall mean the person or persons other than the Declarant ( individual, corporate, or other legal entity) named as Grantee in an Agreement of Sale, Deed, or other instrument conveying any part of said Development or any right, title or interest of any kind in the Development or any part of it and, as well, the heirs, executors, administrators, successors and assigns of such named Grantee. The singular of “Grantee” shall include the plural,  and masculine nouns and pronouns of other parts of speech shall include the feminine and the neuter.. When obvious, “Owner” is equivalent to “ Grantee”.

9.      “Utility” shall mean the a corporation organized and existing under  the laws of the Commonwealth of Pennsylvania for the purposes fully set forth in its By-Laws, here briefly summarized,... the By-Laws however to always prevail over this summary of operating, maintaining, and improving the central water system, and central sewer system serving the lot in the Development.

10.  “ Recreational Facilities” shall mean recreational amenities located on the premises known as Traces of Lattimore and more particularly and at large described on Exhibit”A” attached hereto, and presently used in conjunction with said real estate, and intended to be used by Grantees hereunder together with common lot purchases from Lattimore Development Associates.                                    

The Recreational Facilities may be sued subject to the terms and conditions of this Declaration, the rules and regulations of the Declarant, and the payment of all dues, charges, commissions and fees imposed by Declarant upon lot owners for the use of said amenities. Declarant, shall own said Recreational Facilities and amenities. All  future Recreational Facilities that may be constructed by Declarant or which may be acquired by Declarant shall be included within this definition.                                                                         

11.  “Private Road” shall mean a private road or street located or to be located in any part

       or portion or section of the Development which has been mapped or plotted for

       Development as residential or recreational or for any other usage and any extension

       of such road or street through any other part of the Development necessary to be of

       transversed for ingress, egress and regress to and from public highways.

       The definition of “private road” also includes bridges, if any.

                 

                             II. GRANTEE’S RIGTH TO USE PRIVATE ROADS

1. Declarant hereby covenants and agrees that Grantee shall have ingress, egress and regress at all times on the private roads as defind hereinabove in common with Declarant, Utility, and all otherlot owners of part of the Development, and in addition, Grantee will be entitled to all subsequent easements to Recreational Faclilities axquired by Declarant.