SCHEDULE ‘A ‘
In this Schedule A, the following
words shall have the following meanings:
“Seller” means the “
Grantor” in and as defined in the Deed of which this
Schedule is part ( including the successors and assigns of
the Seller):
“purchaser” means the “Grantee”
in and us defined in the Deed of which this Schedule A is
a part including the heirs, successors, executors,
administrators of the Purchaser ): and
“Home
Site” means the premises referred to in the annexed
document and if used for the erection of more than on
private dwelling house, shall where the context so
requires, mean that portion of the premises upon which the
erection of one private dwelling is permitted by these
restrictions:
1.
The premises hereby conveyed shall be used for
residential purposes only. No building shall
be erected, altered, placed or permitted to remain
on the premises hereby conveyed other than one detached
single-family dwelling, not to exceed one and one half
stories in height, and a private garage for not more than
two cars.
2.
No building shall be located on any lot nearer than
40 feet, to the front line, or nearer than 15 feet to any
side yard, ( or 30 feet to any combined side yard) or
nearer than 25 feet to any rear lot line.
3.
Easements for installations and maintenance of
utility and drainage facilities are reserved over the
front 10 feet of each lot and side and rear 5 feet of each
lot.
4.
No structure of a temporary character, trailer,
basement, tent, shack , garage, barn or other out
-building shall be sued on any lot at any time as a
residence, either temporarily or permanently.
5.
No animals, livestock or poultry of any kind shall
be raised, bred, or kept on any lot, except that a dog,
cat or other household pet may be kept provided that they
are not kept, bred, or maintained for any commercial
purposes.
6.
NO lot shall be sued or maintained as a dumping
ground for any rubbish. Trash, garbage or other waste
shall be kept in sanitary containers
.No motor vehicle or any substantial part of one
shall be kept on the lot unless than currently licensed
for operation on public highways.
7.
No individual water supply
system shall be permitted on any lot or building
site unless such system is located, constructed and
equipped on accordance with the requirements, standards
and recommendations of the State and /or local public
health authorities.
8.
No
individual sewage disposal system shall be permitted on
any lot or building site unless such systems is located,
constructed and equipped in accordance with the
requirements, standards and recommendations of the State
and /or local public health authorities.
9.
NO building or structure, including water system
and sewage disposal system shall be erected, upon the
premised hereby conveyed without first obtaining the
approval, in writing of the Seller, as to location,
elevation, plan and design. The seller 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 and is subject
to the requirements, standards and recommendations of the
State and/or local public health authorities.
10.
No excavation shall be made on the premises except
for the purpose of building thereon and only at the time
when building operations are to commence. No earth or sand
shall be removed from the premises, except as part of such
excavation without the written consent of the Seller,
which shall not be unreasonably withheld.
11.
Purchaser shall not clear the lot of bush or trees
or do any burning of any nature whatever, except after
having first obtained the approval of the seller, in
writing, such approval to specify the time and manner in
which such clearing or burning shall be done.
12.
Until dedicated to public use, title to the portion
of the lands of the Seller laid down on maps as streets
shall remain in the seller subject to the right of the
purchaser and others and those claiming under them to use
the same for ingress and egress to and from public roads,
and subject to the right of the seller to maintain or
grant the right to maintain water mains, sewer pipes,
street drains, gas mains, fixtures for street lighting,
telephone and electric poles, within the lines of such
roadways. The seller hereby reserves the right to vest
maintenance and control of the said private streets,
roadways and rights of way or some of them in Pocono
Mountain Water Forest Community Association to be formed
or in any other group, company or corporation designated
by the Seller.
13.
The purchaser agrees not to permit any signs to be
erected or maintain on the premises for advertising
purposes.
14.
The purchaser agrees, if as and when same is
formed, to join the Pocono Mountain Water Forest Community
Association and to maintain such membership and pay (1)
such annual fees and dues as the Association may by its
by-laws prescribe, (ii) such assessments as the
association may charge for the repair and maintenance of
the streets and roads and (iii) such assessments as the
association may charge for control, maintenance and
administration of the recreational facilities, is any. It
is understood and agreed that the seller will be a member
of the association, by virtue and charges. The purchaser
hereby agrees to require as a condition precedent to the
sale of the premises hereby conveyed, that any subsequent
purchaser shall join the aforesaid association.
15.
Until such time as grantee joins the Property
Owners Association
and begins its charges and dues, each lot owner shall pay
to the seller the sum of $90.00 per year for snow removal
and maintenance of the streets, beach and walking
easements.
16.
Anyone making a nuisance of himself or herself,
shall be, at the discretion of the seller, denied the
privileges at the recreational facilities for a limited
period of time.
17.
It is covenanted
that the seller shall have the right after giving five
days written notice to the purchasers, to enter upon the
premises 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.
18.
All sewage disposal systems shall be constructed in
accordance with recommended standards of the public health
authorities. Sewage disposal systems will not be install
within 30 feet of any body of water or water course, or
within 10 feet of any lot line.
19.
All corner lots shall be subject to a sight
easement over a triangle, the legs of which are 30 feet
measured along the street right of way lines from their
point of intersection.
20.
Failure to promptly enforce any of the foregoing
restrictions, conditions
or covenants shall not be deemed a waiver of the right to
do so thereafter as to any continuing, subsequent of other
violation.
21.
This
Schedule A shall bind the seller, its successors, and
assigns, and shall bind the Purchaser and the heirs ,
executors, administrators, successors and assigns of
purchaser.
And the Said Grantor does hereby
covenant and agree to and with the said Grantee that it,
the said Grantor, its successors and assigns, shall and
will specially warrant and forever defend the hereinabove
described premises with there hereditaments and
appurtenances, unto the said Grantee, his heirs and
assigns against the said Grantor
and against every other person lawfully claiming or
who shall hereafter claim the same or any part thereof.
IN Witness whereof the said
Corporation has cause these presents be executed
and its common or corporate seal hereto affixed.