SUNRISE LAKE SCHEDULE ‘A’ DEED RESTRICTIONS

Property Reservations, Covenants, Restrictions, Easements and Conditions:

Reserving, however, unto the grantor, its successors and assigns.

A.     The exclusive right to dedicate the roads, streets and avenues abutting the aforesaid property to a public authority for public use without the jointure, release or consent of the grantee or grantees herein, his her, their heirs and assigns, releasing all damages therefore.

B.     The right without further assent or permit from the grantee or grantees herein, his, her or their heirs and assigns, to grant to any public utility company, municipality or water company an easement of 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 and for a distance of five feet either side of individual lot line 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 any from time to time in the opinion of the Seller,  its successors or assigns or any utility company or municipality be deemed necessary of 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 (except for negligence) 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 grantee or grantees herein, his, her, their heirs and assigns, provided that any existing easement or any hereafter established do not interfere with the use and occupancy of any structure presently thereon or to be erected thereon.

 

UNDER AND SUBJECT NEVERTHELESS, that the hereby granted lot or lots or piece of ground, or any part thereof, and the building now thereon erected or any which may hereinafter be erected shall be and remain subject to the following covenants., conditions and restrictions.

1.      All lots and parcels of land in the block and section of which the subject premises is a part in the subdivision know as Sunrise Lake, Pike County, Pennsylvania, shall be reserved and used for single family residential purposes exclusively, and for no other purpose.

2.      NO building or structure, including water system and sewage disposal system, shall be erected upon the premises hereby conveyed without first obtaining the approval, in writing, of SUNNYLANDS, INC. as to location, elevation, plan and design, SUNNYLANDS, INC. 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. NO home shall be smaller than 72 square feet or greater in height than 2 stories. No tent, trailer, mobile home or other temporary structure of any kind may be erected on or moved to any lot or lots. No lot shall be cleared of brush, trees or anything else of inflammable nature except after having first obtained the approval of SUNNYLANDS, 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 Dingman.

4.      No building shall be erected on any plot within 15 feet of the sidelines, 40 feet of the front line and 25 feet of the rear line.

5.      Sewerage from all buildings erected on the premises shall be cared for  by the owners occupants by installing a septic tank which shall at all times be maintained in a proper sanitary condition, in accordance with legal requirements for drain field. No privy vaults shall be maintained on said premises.

6.      Dwellings shall be single family type, only one to be erected on any lot. No excavation shall be made on any plot except for the purpose of building therein and not until a time when building operations are commenced. No earth or sand shall be removed from the said premises except as a part of the said excavation. Once building operations are commenced a same shall be completed within sic (6) months from the date of the commencement of the building operations.

7.      That the lot or any building thereon erected, or any part thereof, shall not be sued occupied as a club, profit or non-profit, or for the carrying on of any trade or profession.

8.      That the lot or any building thereon erected, or any part thereof, shall not be sued occupied for any industrial, commercial or business use whatsoever.

9.      That no poultry, cattle or any livestock whatsoever, shall be kept or bred or raised on the lot or any building thereon erected, or any part thereof.

10.  That not more than two domestic animals may be kept or maintained and none whatsoever may be bred, or raised on the lot or any building  thereon erected, or any part thereof.

11.  That no oil or gas well shall be drilled on any lot or part lot conveyed, nor shall there be any excavation for the extraction of minerals.

12.  It is covenanted that SUNNYLANDS, INC., its successors and assigns, 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 –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.

13.  No signs of any type, including “ for rent” or “ for sale” signs shall be erected or maintained on the premises.

14.  There are at present the following recreation facilities: a 78 acre lake bordering Block 1, Section 1, a swimming pool, bath house and children’s play area at the northwestern end of that lake, a tennis court bordering Block 1, Section 3. These recreation facilities are owned by Sunnylands, Inc., Sunnylands, Inc. agrees to maintain them and to limit their use to Sunrise Lake property owners and their guest. Sunnylands, Inc. does not intend to transfer these recreation facilities to the lot owners or any lot owner to any person, Association or Corporation subject to the terms hereof: after first giving lot owners the first right of refusal for a period of sixty (60) days of a bonafide offer to purchase the facilities. 

15.  All roads and streets within the Subdivision are owned by Sunnylands, Inc. Lot owners must pay an annual road maintenance fee. The amount of  such fee shall be reasonable and shall be determined by multiplying a per lot road  maintenance charge set by Sunnylands, Inc. by the number of lots owned. Seller reserves the right to vest maintenance, control, ownership in any person, association or corporation or transfer same to a lot Owners Association if any, or dedicate same to public use.

16.  Salem Pond shown on the map of Section 10, filed in the Pike County Court House in Plat Book 21 at Page 11, is owned by the owners of lots 7 through 18, inclusive of Section 10, and is not a Sunrise Lake recreation facility. The owners of Lots 7 through 18 agree to share annually any maintenance expense involving the pond. Each owner may landscape his portion of the shoreline and may install a dock up to 10 feet in length. However, no other changes may be made in the pond without written consent of all owners.

17.  The seller shall have the right to change, amend or modify these covenants so long as the change, amendment or modification does not alter the residential nature of the development nor deprive the purchaser of his lot frontage or of ingress or egress over the street or road upon which his lot fronts to a public highway or road.

18.  Failure to promptly enforce any of the above restrictions, conditions or covenant 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 way effect any of the other provisions which shall remain in full force and effect.

 

The above covenants, restrictions and conditions shall be binding upon and shall inure to the benefit or purchasers of the lots described herein.

 

TOGETHER WITH,             the right and privilege to use the private roadways on other lands of Sunnylands, Inc. for the purpose of ingress, egress and regress to and from the lands herein conveyed to the public highway  in common however, with others and the grantor herein, its successors and assigns.

 

SUNNYLANDS, INC.                                               PURCHASER