CONSOLIDATED
DECLARATION OF RESTRICTIONS
SHOHOLA FALLS
TRAILS END
SHOHOLA
FALLS , PIKE COUNTY
PENNSYLVANIA
This
declaration, made this 16th day of April ,
1973, by Greenbriar Development
Company,
Inc, herein referred
to as “DECLARANT”..
WITNESSETH
Whereas, Declarant is the owner of all the real
property as set forth and described as Section
I and Section II, Shohola Falls Trails End
according to Certain subdivision plats recorded with the
Recorder of Deeds of Pike County in Plat Book 9 page 72
(Section I), and Plat Book 10 pages 80 through 84 (Revised
Section I; and Section II), and is made a part hereof and
incorporated herein be reference; and Whereas, Declarant
has recorded its Declaration of Restrictions as originally
applying to Section I dated November 24th ,
197l and recorded in Pike County
Deed Book Volume 257 Page 752;and
Whereas,
Declarant has recorded its various Amendments to said
Declaration of Restrictions as they applied to Section I
dated August 8th, 1972, and recorded in Deed
Book Volume 293 pate
194, dated September 19th, 1972, and recorded
in Deed Book Volume 295 Page 77, and dated March 21st,
1973, and
Whereas,
it is the desire of Declarant to consolidate said
Amendments and certain additional Amendments into a single
set of restrictions and to extend the same to Section II
as well as to Section I, and to record the same; and
Whereas there are subdivided numbered lots, herein
called “Campsites”, set forth and described in the
above recorded plats; and
Whereas
, Declarant has sold and is about to sell and convey said
campsites and desires to subject them to and impose upon
them mutual and beneficial restrictions, covenants,
conditions and charges, hereinafter collectively referred
to as “Restrictions”, under a general plan or scheme
of improvement for the
benefit and compliment of al the campsites in the
Subdivision, and the future owners of said campsites;
Now,
THEREFORE, Declarant hereby declares that all of said
campsites are held and shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied
and improved subject to the following restrictions, all of
which are declared and agreed upon for the purpose of
enhancing and protecting the value, desirability and
attractiveness of the property described in the plat and
of the Subdivisions as a whole. All of the restrictions
shall run with the land and shall be binding n all parties
having or acquiring any right, title and interest in and
to the real property or any parts thereof.
1.
APPLICABILITY
A.
These Restrictions shall apply to subdivided numbered
campsites only and are specifically excluded from
application to other lands designated on the plats as
parcels or lands of Declarant, which parcels of land are
intended for residential, commercial, recreational or
community uses.
2.
TERM
A.
These restrictions shall affect and run with the land and
shall exist and be binding upon all parties and all
persons claiming under them until January 1st,
2000, after which time the same shall be extended for
successive periods of ten (10) years each, unless an
instrument signed by majority of the then owners of the
campsites subject thereto has been recorded, agreeing to
change the Restrictions in whole or in part;
provided, however, that at any time before January
1st , 2000, these Restrictions
maybe
amended by a vote of the then record owners of two-thirds
(2/3) of such campsites.
3.
MUTUALITY OF BENEFIT AND OBLIGATION
A.
The Restrictions and agreements set forth herein
are made for the mutual and reciprocal benefit of each and
every campsite in the Subdivision and are intended
to create mutual, equitable servitude’s
on each of the said campsites in favor of each and
all of the other campsites therein;
to create reciprocal rights between the respective
owners of all of said campsites; to create a privity of
contract and estate between the grantees
of said campsites, their heirs, successors and
assigns, and shall as to the owner of each such campsite,
his heirs, successors or assigns, operate as covenants
running with the land for the assigns, operate as
covenants running with the land for the benefit of each
and all other campsites in the Subdivision and their
respective owners.
4.
EXCLUSIVE CAMPING USE
A.
No campsite shall be used except for camping
purposes
B.
No campsite shall be used as a residence.
C.
The Shohola Falls Trails End Property Owners
Associations Campsite Control Committee shall maintain an
approved list of equipment and recreational vehicles that
can be utilized.
5.
EASEMENTS
A.
Declarant reserves for itself, its successors and
assigns, for purposes incident
to
its development of the real property subject to these
Restrictions the following easements and/or rights of way:
1.
For the use and maintenance of drainage courses.
These easements are
ten
(10) feet in width unless otherwise specified on the
recorded plat and are centered around the existing
drainage channels.
2.
For maintenance and permanent stabilization
control of slopes
as may
be
listed as slope easements
on the plat.
3.
Additional easements shall be granted as are
required for the practical
construction
, operation maintenance of any electrical facilities.
B. Declarant has dedicated, or will dedicate,
to the appropriate utility co
or
companies rights of way and easements for areas for the
installation
and
maintenance of public utilities over strips of land five
(5) feet in
width
along the side property lines, ten (10) feet in width
along rear
property line and
fifteen (15) feet in width along the front property line
of each campsite as
noted on the plats.
C.
Declarant reserves for itself, its successor and
assigns, an exclusive
easement
for the installation and maintenance of community
footpaths,
community
bridal paths and the like within the rights of way
and
easement
areas reserved above.......
6.
OWNERSHIP, USE AND ENJOYMENT OF STREETS, PARKS
AND
RECREATIONAL AMENITIES.
A.
Each of the streets, parks and recreational
amenities designated on
the
plats is private and neither Declarant’s execution or
recording of
the
plats, nor any is intended to be , or shall be construed
as a dedication to the public of any of the said streets,
parks or recreational
amenities.
An easement for the use and enjoyment of such streets.
park, and recreational amenities is reserved to the
Declarant, its successors and assigns; to the persons who
are, from time to time, members of Shohola Falls Trails
End Property Owners Associations, and to the tenants and
occupants of any guest house or inn that may be erected
within the boundaries of the subdivision and to the
invites of
all of the aforementioned persons.
B.
The ownership of all the recreational amenities
within the subdivision
shall
be in the Declarant, its successors and assigns, and the
use and enjoyment thereof shall be on such terms and
conditions as Declarant, its successors and assigns, shall
from time to time license; provided, however, that any or
all of the amenities may be conveyed or leased to
Shohola Falls Trails End Property Owners
Associations upon such terms and conditions as may be
acceptable to the Declarant.
7.
SHOHOLA FALLS TRAILS END PROPERTY OWNERS
ASSOCIATION
A.
Shohola Falls Trails End Property Owners
Association shall
be an
association
formed under the laws of the Commonwealth of Pennsylvania
, hereinafter called “Association”.
B.
Every person who acquires title, legal or
equitable, to any campsite
the
subdivision shall become a member of Shohola Falls Trails
End Property
Owners Association.
C.
The general purpose of The Association is to
further and promote the
community
welfare of the property owners in the subdivision.
D.
The Association shall be responsible for the
maintenance, repair and
upkeep
of the streets, parks and other community areas within the
subdivision
and the appurtenant drainage and slope easements reserved
by the Declarant.
E.
The Association shall also be the means for the
promulgation and
enforcement
of all regulations necessary for the governing of the use
and enjoyment of such streets, parks, and other community
areas within the subdivision.
F.
The Associations shall have all the powers that are
set out in its by-
laws
and all other powers belonging to it by operation of law,
including the power to levy against every member of the
Association a uniform annual charge per campsite within
the subdivision, the amount of said charge to be
determined by the Board of Directors of the Association
after consideration of current maintenance needs and
future needs of the Association, for the purposes set in
its by-laws.
1.
Every such charge shall be paid by the member to
the Association
according
to the instructions provided by the Board of Directors and
included within the written notice of the charge
sent to each member at the last known address furnished to
the Association by the Member.
2.
Written notice of charge shall be sent to each
member at the last
known
address furnished to the Association by each
member.
3.
If any such charge shall not be paid when due it
shall bear interest
from
the date of delinquency at the highest legal rate
at the time; the
Association
may publish the name of the delinquent member in a list of
delinquent members or by any other means of publication;
and the Association may file a notice that it is the owner
of a lien to secure payment of the
unpaid charges
plus costs and reasonable attorneys; fees, which lien
shall encumber the campsite against which the charge has
been made, and which notice shall be filed in the office
of the clerk of the Common pleas court of the sixtieth
judicial district of the Pike
County Branch.
In
addition to the remedy of lien foreclosure, the
Association shall have the right to sue for such unpaid
charges, interest, costs and reasonable
attorneys’ fees in any court of competent
jurisdiction as for a debt owed by the delinquent member
or members to the Association.
Every
person who shall become the owner of the Title (legal or
Equitable) to any campsite in the subdivision by any means
is hereby notified that, by the act of acquiring such
title, such persons shall be conclusively held to have
covenanted to pay the Association all charges that the
Association shall make pursuant to any paragraph of
subparagraph of these restrictions.
4.
The Associations shall upon demand at any time
furnish a certificate in
writing
signed by an officer of the Associations certifying that
the charges
on a specified campsite have been paid or that certain
charges against said campsite remain unpaid as the case
may be. A reasonable charge may be made by the Association
for the issuance of these certificates. Such certificates
shall be the conclusive evidence of payment of any charges
therein stated to have been paid.
G.
The Association shall have the rights to suspend
the voting rights
(if
any):
1.
For any period during which any Association charge
owed by the member or associate member remains unpaid.
2.
During the period of any continuing violation of
the Restrictive Covenants for the subdivision, after the
issuance of the violation shall have been declared by the
Association.
8.
ASSOCIATION’S RIGHT TO PERFORM CERTAIN
MAINTENANCE
A.
In the event an owner of any campsite in the
subdivision shall violate
these
Restrictions as to usage of the campsite utilities and/or
attempt
to
place or erect any structure not in compliance with, or in
violation of, a valid building
permit. The Association shall have the right ,
through its
agents and employee’s to enter upon said campsite and
remove the same.
1.
The Association shall first notify the owner of any
campsite, in
writing,
of its intent to so enter upon the premises and allow the
owner ten (10) days to accomplish a correction of the
violation before the Association shall exercise its right
to enter upon said campsite as empowered by these
Restrictions.
2.
The cost of such maintenance or violation
correction shall be added to
and
become part of the annual charge to which the campsite is
subject.
9.
RIGHTS OF FIRST REFUSAL
A.
Whenever the owner of any campsite in the
subdivision shall receive a
a
bona fide offer to purchase said campsite, which offer is
acceptable to said owner, or shall independently decide to
put said campsite on the market, said owner shall offer to
sell said campsite, at the price and the same terms
contained in said bona fide offer, or (if the owner shall
independently have decide to put said campsite on the
market) at the price and on the terms acceptable to said
owner, first to the Declarant, its successors and assigns.
Said offer to the Declarant shall be in writing and the
Declarant, upon receipt of said notice shall
have ten (10) days within which to accept or reject
such offer. If Declarant refuses to purchase said campsite
at the price and the terms proposed by said owner, said
owner shall be free, subject to the limitations contained
herein requiring the purchase r to have been approved for
membership
in Shohola Falls Trails End Property Owners Association,
to
sell said campsite to the party who shall have made the
bona fide
offer
or (if said owner shall independently have decided to put
said
campsite
on the market) to any third party. In either case at a
price and
on
the terms not substantially more
favorable
to the purchaser than those offered, as aforesaid to
Declarant or its successors and assigns.
10.
REMEDIES
A.
The Association, Declarant, or any party to whose
benefit these
Restrictions
inure may proceed at law or in equity to prevent the
occurrence,
continuation or violation of any of these Restrictions and
the court in any such action may award the successful
party reasonable expenses in prosecuting such action,
including attorney’s fees.
B.
The remedies herein specified are cumulative, and
this specification
them
shall not be taken to preclude an aggrieved party’s
resort to any other remedy at law, in equity, or under any
statute. No delay
or failure on the part of an aggrieved party to invoke an
available remedy in respect to a violation of any of these
restrictions shall be
held
to be a waiver by that party of ( or an estoppel of that
party to assert) any right available to him upon the
reoccurrence of continuation of said violation or the
occurrence of a different violation.
11.
GRANTEE’S ACCEPTANCE
A.
The grantee of any campsite subject to the coverage
of this
Declaration
, by acceptance of a deed conveying title thereto, or the
execution of
contract for the purchase thereof,
whether
from the Declarant or a subsequent owner of such campsite,
shall accept such deed or contract upon and subject to
each and all of these Restrictions and the agreements
herein contained, and also the jurisdiction, rights and
powers of Declarant, and by such acceptance shall for
himself, his heirs, personal representatives, successors
and assigns, covenant, consent and agree to and with
Declarant, and to and with the grantees and subsequent
owners of each of the campsites within the subdivision to
keep, observe, comply with and perform said Restrictions
and Agreements.
B.
Each such grantee also agrees by such acceptance to
assume, as
against
Declarant, its successors and assigns, and as against the
Shohola Falls Trails End Property Owners Association, all
risks and hazards of ownership or occupancy attendant to
such campsite, including but not limited to its proximity
to recreational and camping facilities and their inherent
activities and to waterways of every kind.
12.
UTILITIES
A.
All campsites are served by water and electricity.
Each and every
campsite
is equipped with electric service and each and every owner
accepts
said service and agrees to abide by such service. Such
service is determined by the Board of Directors. Any
deviation from this provision, either by circumventing the
existing service, or attempting
to
replace the existing service with a
larger service, shall be in violation of this
section of these Restrictive Covenants and be subject
to
the provisions contained in Section 8 of these Restrictive
Covenants.
B.
Original Purchasers of
non- sewered campsites
from Greenbriar
Development
Company may, if feasible, elect to connect to the sewage
system
under the terms of the original offering. Subsequent
purchasers of campsites shall assume the cost of
connection, where feasible at a price to be determined by
the Board of Directors, at the time of the connection.
C.
Declarant will provide centralized sanitary
facilities, including water closets, showers, and
lavoratories.
13.
SEVERABILITY
A.
Every one of the Restrictions is hereby declared to
be independent of,
and
severable from, the rest of the Restrictions and of and
from every other one of the Restrictions and from every
combination of Restrictions. Therefore, if any of the
Restrictions quality of running with the land , that
holding shall be without effect upon the validity,
enforceability of running with the land quality of any
other one of the
restrictions.
a Realtor with
RE/MAX
ONE in Lords Valley, PA.
I also
developed, designed and maintain this web site to give YOU a
better glimpse of Pike County Pennsylvania.
