The said Grantor doth
also convey unto the said Grantees and their
successors in title
a right of way in common with others for all the usual
purposes over all roads, lanes,
drives and recreation areas as shown on said plot and the
right and privilege to use
the Walker Lake for recreational purposes, except motor
boats as hereinafter restricted, and subject to any
restrictions as
hereinafter related as to the use of the waters,
reserving, however, to the said Grantor the right to
Install telephone
and electric poles and
wires, gas and water mains, or to permit the same to be
done, in upon and over the said roads, lanes, drives,
beach and easement
areas as shown plot or plain or annex thereto.
Reserving in the Walker Lake Inc the privilege of making
all reasonable
rules and
regulations in connection with the use and cost of said
Walker Lake and to lower the Water
of “Walker Lake” during the fall of any year for
maintenance purposes. Also reserving to the Walker Lake
Inc the right and
privilege at any time to raise the water of Walker
Lake one foot (1’) above the present level of the
spillway. Reserving unto the Walker
Lake Inc., and /or Edward G Nickel and others,
Its successors and assigns, all of the oil and gas
in said premises, and the right and privilege to store gas
and oil underneath
the surface of the ground, but with no right to drill any
gas or oil well on the premises.
TOGETHER
with all and singular the hereditaments and
appurtenances thereunto belonging
, or in anywise appertaining , and the reversion and
reversions, remainder and
remainders, rents, issues and profits thereof: and all the
estate , right title interest, claims
and demand whatsoever
of the said party of the first part, either in law or
equity, of
, in and to the above bargained premises, with the
hereditaments and appurtenance.
TO HAVE AND TO HOLD the said hereditaments and premises
hereby granted or mentioned
and intended so to be, with the appuricnances unto the
said Grantee and his assigns, to and for the only proper
use and behoof of the said Grantee, and assigns forever
Subject to restrictions herein
act forth.
This conveyance is made subject
to the following restrictions and condition which shall be
construed as covenants running with
the land .
1.
No building shall be erected on said premises any
portions of which shall be with
in 10
feet of the front line of said premises or within five
feet of the side line of any adjoining
lot owner.
2.
No building shall be erected on said premises less
than eighteen feet in length
and
fourteen feet in width.
3.
No building shall be erected on said premises
except a one family dwelling house and
private garage. Any garage erected on said premises must
conform generally in
appearance and material to said dwelling on said premises.
The building and/or lot or any part thereof shall be used for private residential
purposes only. A single
family private dwelling shall not be allowed, permitted,
constructed or erected
on a part lot.
4.
That no shacks, tents, trailer, trailer camps or
any unsightly building
shall be built
, constructed or maintained placed or permitted on a lot,
or any part thereof.
5.
That any lot with buildings thereon located, shall
be kept in a sanitary conditions: all
garbage and refuse shall be immediately taken or carried
away: dumping of garbage or refuse on other lands or in
the lake is prohibited.
6.
That any private single dwelling house must have
complete sanitary plumbing with
toilet facilities, and all
sewage or wastewater
must be disposed of by septic
tank; that outside toilets or cesspools are prohibited.
7.
That no poultry, cattle or any livestock
whatsoever, shall be kept, bred or raised upon
the lot or any building thereon
erected or any part thereof and that not more than
two domestic animals may be kept or maintained thereon.
8.
That boat houses are permitted only on lake front
lots and not to extend out into the
lake beyond the high
water mark.
9.
That no boat house or garage , shall be erected
unless there is first erected the private
residential dwelling.
10.
Said premises shall no be used for any commercial
or manufacturing purpose of any
kind.
11.
That the lot or any building thereon erected, or
any part thereof, shall not be used
or occupied as a club, profit or non-profit , or
for carrying on of any trade or
profession.
12.
That the lot or any building thereon erected, or
any part thereof, shall not be used
or occupied for the distillation or brewing,
manufacturing, bottling , or sale
of any malt, vinous, spirituous or intoxicating liquors of
any kind.
13.
Any building constructed of wood must be stained or
painted with at least two
coats of stain or paint.
14.
That no oil or gas well shall be drilled on any lot
or part of lot conveyed.
15.
That
an open, uncontrolled or untended fire is absolutely
prohibited on any Lot
or part thereof herein conveyed.
16.
That small row boats propelled by electricity from
storage batteries are permitted
on the waters of Walker lake: that small row boats may
also be propelled by outboard motors not to exceed five
horsepower, with underwater exhaust known as underwater exhaust silencing:, however, boats propelled by
motors
exceeding five horsepower, or without underwater exhaust
silencing are
strictly prohibited on the lake.
17.
That the right to fish in the waters of “Walker
Lake” is limited to owners of lots,
or their immediate family and guests, not to exceed two
guests at any on time.
18.
That Pennsylvania Lakeshore, Inc., Its successors
and assigns, shall not be responsible
or liable for any injuries to person or property resulting
from the use
of the waters, beaches or lands of Pennsylvania Lakeshore
Inc by the Grantee,
his family, guests, visitors, heirs, and assigns, covenant
and agreE to same by acceptance of any deed for a lot.
IT IS FURTHER covenanted and
agreed that the above covenants, conditions and restrictions
shall be deemed and taken as covenants running with the
land and binding upon
the Grantee herein, his family, friends, guests, visitors,
heirs and assigns.
And the said Grantor does by these presents, covenant,
grant and agree, to and with the said Grantee (or
Grantees) his (or their heirs) and assigns, that if the
said Grantor all
and singular the hereditaments and premises herein above
described and granted
or mentioned
and intended so to be with the appurtenances, unto the
said grantee (or Grantees)
his (or their heirs) and assigns against it the said
Grantor shall and will specially warrant and forever
defend.