winding brook deed restrictions

Winding Brook Deed Restrictions

DECLARATION OF PROTECTIVE COVENANTS, EASEMENTS,

RESTRICTIONS, EXCEPTIONS, RESERVATIONS AND

CONDITIONS PERTAINING TO THE LAND OF

VALDAC, INC.

WINDING BROOK DECLARATION OF PROTECTIVE COVENANTS, EASEMENTS RESTRCITIONS AND CONDITIONS PERTAING TO THE LAND OF VALDAC, INC. is and shall be applicable to all land in the “development” hereinafter mentioned. This declaration is made by VALDAC, INC.(hereinafter referred to as “GRANTOR’)

WITNESSETH:

WHEREAS, Grantor is the owner of certain real estate under a deed dated , June 4, 1991, between THOMAS GILLIGAN AND LOIS GILLIGAN, his wife, to VALDAC, INC. which deed was recorded in the Office of the Recorder in and for the County of Pike, State of Pennsylvania on June 4, 1991, in Record Book NO. 400, at page 07, said land being know as and hereinafter referred to as WINDING BROOK; and

WHEREAS, the Grantor 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 WINDING BROOK; and

WHEREAS, Dingman Township shall be a protected party the covenants, restrictions and reservations and reserves the

EXHIBIT “A”

ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situate, lying and being in the Township of Dingman, County of Pike and Commonwealth of Pennsylvania know and designated as the “ Deercroft Subdivision”, as filed in the Pike County Recorder’s Office, at Milford, Pennsylvania, on January 6, 1989 in Plat Book 26 at page 122, except for Lot #19 which is owned by Arthur A. Winter and Agnes Winter, Husband and wife..

The above described premises are more particularly known, styled and designated on a certain map entitled “Final Map” Winding Brook” sub-division Dingman Township, Pike County, Commonwealth of Pennsylvania December 20, 1988- Tax Lot 30- Tax sheet 93, dated 12/20/88 Drawing No,. G1057, revision “Title “ 6.19.91, as recorded in Pike County Plat Book 29 at page 108. right to compel the enforcement or bring suit, in law or in equity, to enforce such restrictions, covenants and reservations when the health and welfare of the citizens of the Township is concerned.

NOW, THEREFORE, the Grantor 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, leased, conveyed, hypothecated, encumbered, rented, used and occupied subject to 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 the said lots situate in the real estate development known as WINDING BROOK. This Declaration shall create and is intended to create mutual equitable servitudes 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 grantee, 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 purpose 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. The “Grantor” is VALDAC, INC., of 32 Cornell Drive, Livingston, New Jersey 07039.

2. “Development” is the land situate in the Township of Dingman, County of Pike and Commonwealth of Pennsylvania, comprising the WINDING BROOK 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 Grantor.

3. “Official Map” shall be a map, maps, or plan or plans drafted by Grantor 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 a 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 reasonable 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 also mean VALDAC, INC., 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 Grantor (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 or 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 a corporation organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose fully set forth in its By-Laws.

10. “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 transverse for ingress, egress and regress to and from public highways. The definition of “private road” also includes bridges, if any.

II. GRANTEE’S RIGHT TO USE PRIVATE ROADS

1. The Grantor hereby covenants and agrees that Grantee shall have ingress, egress and regress at all times on the private roads as defined hereinabove in common with Grantor, Utility, and all other lot owners of part of the Development, and in addition, Grantee will be entitled to all subsequent easements to Recreational Facilities, if any, acquired by Grantor.

2. The Grantor may at any time or times and from time to time change or alter the location of any road or any part of any road so long as such alteration or change does not result in the taking of any part of Grantee’s land or materially alter or reduce Grantee’s road frontage and access to the road or roads abutting Grantee’s land at the time of conveyance to Grantee, or materially increase the distance from Grantee’ land to any public highway.

3. Notwithstanding any other terms or conditions to the contrary herein contained, no clause or provision of this Declaration shall be interpreted, construed or deemed as dedicating any such private road to public use and all such private roads shall remain private unless expressly granted and conveyed by a good and proper Deed to the public.

4. The Grantor expressly reserves the right to cause any such private road to be dedicated to public use and hence to become a public road when accepted by the public, Grantor also expressly reserves the right to grant and convey all its right, title and interest in and to said private roads to the Property Owners Association hereinafter mentioned or to any other corporation or legal entity or person.

5. Grantee shall never have title to any part of a private road whether or not Grantee’s land abuts any such private road.

III WATER SYSTEM

The owner of each individual lot shall be solely responsible for the installation and maintenance of water well on his property to provide water service to any dwelling constructed thereon. The owner of said lot shall install, maintain and use said water well in accordance with any applicable federal, state and local laws or regulations. The individual lot owners agree to release the Grantor and save him harmless for any claims arising out of the installation, maintenance or use of the water well installed on his property.

IV. SEPTIC SYSTEM

The owner of each individual lot shall be solely responsible for the installation and maintenance of a septic system on his property to provide a system of water disposal to any dwelling constructed thereon. The owner of said lot shall install, maintain and use said septic systems in accordance with any applicable federal, state and local laws or regulations. The individual lot owners agree to release the Grantor and save him harmless for any claims arising out of the installation, maintenance or use of the septic system installed on his property.

V. PROTECTIVE COVENANTS AND PERMITTED USES OF LOTS

1. Accessory Outbuildings.

No garage or shed shall be built on any lot before a dwelling or completed building is constructed on that lot. No garage, shed, tent, temporary building, or partially completed building shall be used for home habitation. No outside toilet building, outhouse, privy or chemical toilet shall be erected or installed. No trailer, tent, barn, outbuilding, shack or other temporary building shall be erected or used for dwelling purposes and no basement or garage shall at any time be used as a residence either temporarily or permanently and no house shall be occupied prior to completion except with the prior consent of the Grantor, its successors and assigns.

2. Fences.

All property lines shall be kept free and open and no fences, hedges or walls shall be constructed except with prior written permission from the Grantor. Chain link, opaque or solid fences are strictly prohibited, Existing stone walls are not be removed, changed or altered by the property owner without first obtain in written permission from the Grantor.

3. Completion of Construction.

Exterior construction of any building, backfilling and grading must be completed within six ( 6 ) consecutive months from the commencement of construction. Improvements on which construction has been interrupted for ninety (90) consecutive days and improvements partially or totally destroyed and not rebuilt or refinished within six (6) months of said partial or total destruction shall be deemed and declared to be a nuisance hereunder. The Grantor, its successors and assigns, may remove any such nuisance or repair or complete the same at the cost and expense of the lot owner. The cost and expenses incurred by the Grantor in removing or repairing said nuisance shall be a charge upon and assessed against the lot. If any such charge or assessment is not paid within fifteen (15) days of notice to the lot owner, then such assessment and charge shall be delinquent and shall together with interest and cost of collection become a continuing lien upon the lot and shall bind said lot in the hands of the then owner, his heirs, executors, administrators, successors and assigns. If the charge and assessment is not paid within said fifteen (15) day period, Grantor may bring as action at law against the owner personally obligated to pay the same or foreclosure the lien against said lot and in the event a judgment is obtained, such judgement shall include interest on the charge assessment as above provided and a reasonable attorneys fee of ten (10%) percent together with the costs of the action. Neither the Grantor nor any of its agents, servants or employees or contractors shall be liable in any manner whatsoever for any damage which may result from any such removal, demolition or construction performed hereunder.

4. Maintenance of Lots.

Each lot whether improve or unimproved, and all improvements erected upon each lot shall at all times be maintained in a neat and clean condition, rubbish and debris removed; and weeds controlled. All improvements shall be maintained in a neat and clean condition, all structures properly painted and maintained. If any lot or improvement thereon is not so maintained, the Grantor may maintain, restore or repair such lot and /or improvement, the cost of which shall be added to and become a part of the annual charge to which shall be added to and become a part of the annual charge to which such lot is subject by this Declaration. Neither the Grantor nor any of its a gents, servants or employees or contractors shall be liable in any manner whatsoever for any damages which may result from any such maintenance, restoration or repair work performed hereunder.

5. Subdivision

No lot shall be resubdivided, except with the prior written permission of the Grantor. Any such resubdivision of a lot shall not reduce the annual assessments, charges,, commissions and fees due the Grantor imposed upon said lots, nor shall said resubdivision reduce the charges imposed and payable for the road system, or on any other common expenses. Except as expressly provided otherwise herein, the owners of the resubdivided lot, shall be assessed a pro rata share of all such assessments, charges, commissions and fees.

6. Nuisances.

No lot or any improvement erected thereon in accordance herewith shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing which will cause or may cause such lot to appear in any unclean or untidy condition or that will be obnoxious to the eye or earl nor shall any substance, thing, or material be kept upon any lot or in any improvement erected thereon that will emit or discharge any foul or obnoxious odors, or that will cause any unreasonable noise that will or may disturb the peace, quiet, comfort, or serenity of the occupants of contiguous property.

7. Signs.

No commercial sign, or any other similar signs, shall be erected or maintained on any lot by anyone including but not limited to the Owner, a contractor or subcontractor except with the written permission of the Grantor or except as may be required by legal proceedings, it being understood that the Grantor will not grant permission for said signs unless their erection is reasonable necessary to advert serious hardship to the Property Owner. If such permission is granted, the Grantor reserves the right to restrict size, color, and content of such signs. Nothing in this section shall restrict the Grantor’s right to have and maintain signage for sales purposes. Provided, however, that and Owner or real estate agent on behalf of Owner, can put one “For Sale” or “For Rent” sign not exceeding eighteen inches by twenty-four inches (18”x24”) on the residential lot, provided said sign is erected parallel to the street right-of-way.

8. Animals.

Only domestic animals shall be permitted an under no circumstances shall pets be permitted to walk unattended outside pet owner’s property. There shall be no breeding of any animals domestic or otherwise or the keeping of kennels.

9.Vehicles, Trailers, and Water Craft.

No camper, trailer, water craft or unlicensed or inoperable motor vehicle may be kept or parked on any lot except in an encloses garage or any attractively screened enclosure or landscaping which complies with the screening requirements set forth in Section V, Restrictive Covenant No. 12 hereinafter set forth, so that any such property will not be visible as therein provided. Motor vehicles as used herein shall include, but shall not be limited to, automobiles, trucks, snowmobiles, motorcycles, trail bikes, and off road motorized equipment. NO motor vehicles shall be parked on the improved road surface and shoulder of any private road in the Development, whether or not said vehicle is in functional order. The Grantor shall have an unrestricted right to remove said vehicles and other such equipment parked or kept in violation of this covenant. The Grantee(s), their heirs and assigns, shall reimburse Grantor, its successors and assigns, for any and all expenses incurred by the Grantor, its successors and assigns, in the removal of vehicles parked in violation of this covenant. The Grantee(s) , their heirs and assigns, hereby release, remise, discharge and hold harmless Grantor , its successors and assigns, and any agent, servant or employee of the Grantor from any and all liability for or arising form any such removal or vehicles. However, nevertheless, mini-bikes, trail bikes, snowmobiles, and other similar type of vehicles may be permitted, subject to these restrictions, within the Development if registered with the Commonwealth of Pennsylvania.

10. Garbage and Refuse Disposal

No lot owner shall burn or permit the burning out of doors of garbage, trash, or other household refuse. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other wastes shall be kept in sanitary containers, The Grantor, its successors and assigns, expressly reserves the right to approve or disapprove the location of sanitary containers for the disposal of trash, rubbish, and other wastes on the premises.

11. Concealment of Fuel Storage Tanks, Trash Receptacles, and Other Property.

All fuel storage tanks on a lot of any type used for the storage of oils, fluids or gases shall be either buried below ground or screened to the satisfaction of the Grantor. All property required to be screened in Restrictive Covenant Article V, Section 9, here in above set forth and every receptacle for rubbish shall be underground or shall be so placed and kept as not to be visible from any public highway, private road, residence or common area.

12. Restrictions on Temporary Structures.

No overnight camping shall be permitted on any lot nor shall any travel trailer, mobile home, or recreational vehicle of any kind whatsoever or any tent or other temporary structure be placed or erected on any lot. Furthermore, at no time shall any equipment, appliances, merchandise, construction materials or other materials and goods of any nature whatsoever, other than those normally incident to private residential use, be stored outside or in an enclosed building or screening so as to present an unsightly appearance and detract from the beauty of the community in any respect whatsoever as determined by the Grantor.

13. Removal of Trees.

That no trees shall be cut down or cleared from any lot conveyed without prior written approval from said Grantor before any such cutting or clearing is started.

14. Ditches and Swales

Each lot owner shall keep drainage ditches and swales located on his lot free and clear of obstructions and in good repair and shall provide for the installation of such culverts upon his lot as may be reasonable required by the Grantor for proper drainage.

15. Letter and Delivery Boxes.

The Grantor shall have the right to determine the location, color, size, design, lettering, and all other particulars of all mail or newspaper delivery boxes, and standards and brackets and name signs for such boxes in order that the Development be strictly uniform in appearance with respect thereto, so long as such standards are in compliance with the regulations of the United State Postal Service.

16. Clothes Lines

Clothes lines or drying yards shall be so located as not be visible from the street serving any lot.

17. Garbage Receptacles

Garbage receptacles shall be in complete conformity with sanitary rules and regulations. No garbage incinerators shall be permitted.

18. Changes in Elevation and Grading

That no grading or filling shall be done on any lot conveyed without prior written approval from said Grantor before any such grading or filling is started.

19. Open Fires,

That an open, uncontrolled or unattended fire is absolutely prohibited on any lot or lots or part thereof herein conveyed.

20. Taxes and Government Limitations.

The sale of each lot is made under and subject to taxes and other assessments, if any , levied or assessed against the property in the year in which the lot is sold and such lot is subject to all restrictions and limitations imposed by all government authorities, including all zoning ordinances, subdivision ordinances, and other laws, statutes, or regulations. For purposes of this section, “sale” is defined as the execution and delivery of an Agreement of Sale for said lot. “Year of Sale” is defined as the year in which the Agreement of Sale was executed by the purchaser.

21. Garbage and Trash Removal

To enhance the appearance and ordinances of the subdivision, the Grantor hereby reserves for itself, it successors and assigns, the exclusive right to operate or from time to time to grant an exclusive license to a third party to operate a commercial scavenging service within the subdivision for the purpose of garbage removal, trash removal, and the removal of other like refuse. The charge to each lot owner for such refuse collection and removal shall be a reasonable rate commensurate with the rates charged by similar commercial scavengers servicing other residential subdivisions of high standards in the area and shall be subject to charge from time to time as costs increase.

22.Approval of House Plans, Elevation and Design.

No building, structure, or improvements or alterations or adjustments to the same may be constructed or commenced on any lot without the prior written approval of the Grantor first hand and obtained in writing as to the design, location, elevation, materials, colors and other aesthetic factors to insure that such lots with improvements blend and are compatible and harmonious with the development’s natural surroundings and environment and intended interior design. The Grantor may refuse to approve said plans based solely upon the aforementioned grounds or on purely aesthetic grounds.

23. Setbacks.

Except as shown on the official map for the section in which the particular lot is located, every dwelling shall be at least (a) forty (40’) feet from the front lot line; (b) fifteen (15’) feet from each side lot line’ and (c) twenty five (25’) feet from the rear lot line except where the topography, soils or other exceptional circumstances require a waiver of these setback requirements. Under no circumstances shall setbacks be any less than as required by the Dingman Township Zoning Ordinance.

24. Drainage Easements.

Grantor reserves unto itself, its successors and assigns for purposes incident to its development of the said land drainage courses of all kinds designated on the official map.

These drainage easements are twenty(20’) feet in width unless otherwise specified on the recorded official map and are centered above the existing drainage channels.

25. Easements on Official Maps.

Lots in the Development shall be burdened and encumbered by such additional easements as may be shown on the recorded official map.

26.The Environmental Control of Grantor.

(a) General Powers of the Grantor

(i) Power to approve construction plans.

No house, garage or other building shall be commenced o any lot without the prior written consent of the Grantor. Such approval shall be granted only upon written application in the manner and form prescribed by the Grantor. All applications shall be accompanied by one (1) set of site plans and conceptual drawings. The Grantor shall charge a permit fee for the approval of such plan. Said permit fee to be Two hundred fifty ($250.00 Dollars, and to be used by the Grantor for the benefit of Grantee. The Grantor may increase or decrease said permit fee as the Committee deems fit in its sole discretion.

(b) Power of Disapproval.

The Grantor may disapprove any application:

(i) which does not comply with this Declaration:

(ii) because of reasonable dissatisfaction with grading plans, location of the proposed improvement on a lot, finished ground elevation, color scheme, finish, design, size of dwelling, proportions, architecture, shape, height or style of the proposed improvement, the materials to be sued therein, the type of pitch or type of roof proposed to be placed thereon; or

(iii) which, in the sole and exclusive judgment of the Grantor, which judgement of the Grantor, which judgement must be reasonably exercised, the proposed improvement is not harmonious with the Development, or with the improvements and homes erected on other lots within the Development as a whole.

(c)Duties of the Grantor.

The Grantor shall receive all applications required to be submitted by this Declaration and shall act upon such applications within ten (10) days after all required information shall have been submitted and received. All notices to application shall be in writing and any disapproval shall specify the reasons therefor. The approval of the Grantor of such applications shall not be a waiver by the Grantor of its right to object to any of the features or elements contained in any subsequent plans, specification or applications submitted for approval by said application. The Grantor may inspect work being performed during all reasonable business hours to assure compliance with this Declaration.

(d) Liability of Grantor.

The Grantor, nor any person acting on behalf of any of them shall be responsible in any manner whatsoever for any defects of any kind or type whatsoever in the plans, specifications, or other documents submitted by the applicant to the Grantor for approval, nor any person acting on behalf of them be responsible in any manner whatsoever for any defects of any type or kind whatsoever in materials submitted to the Grantor or for defects in any work done or performed thereunder. The Grantor’s obligation hereunder is solely to check the aesthetic quality of the construction and /or improvement and to ascertain compliance with this Declaration so as to insure that the Development is harmonious.

(e) Appeals.

Any owner shall have the right to appeal to Grantor from any adverse decision within thirty (30) days after receipt of notice of disapproval of said application, and Grantor shall have authority to confirm, reverse, or modify the decision. Grantor shall promptly render a decision upon such appeal. In the event Grantor has not taken action upon such appeal with thirty (3) days of receipt of such appeal, the appeal shall for all purposes be deemed to be approved.

VI. RESERVATION AND EASEMENTS.

Grantor reserves for itself, its successors and assigns, for purposes incident to its development of the real property subject to this Declaration, the following easements and/or rights of way;

1. Easements of all kinds designated on the official map of the Development as
“drainage easements”. These easements are twenty (20’) feet in width unless otherwise specified on the recorded plat or official map and are centered above the existing drainage channels.

2. The Grantor excepts and reserves unto itself, its successors and assigns, the following rights, privileges or easements.

(a) The private roadways in the location and of the width as set forth on the recorded official maps as such maps are recorded n the Office of the Recording of Deeds, etc.. at Milford, Pennsylvania, in and for the County of Pike. The Grantor expressly excepts and reserves unto itself the right to alter and amend the courses and /or grade of said private roadways except as to a road course which abuts any lot which has already been conveyed by Grantor, its successors or assigns.

(b) The exclusive right to dedicate the roads, streets and avenues in the subdivision to public use without the joiner, release or consent of any purchaser, grantee or his or her or their heirs, executors, administrators, successors or assigns. Said purchaser or grantee and his or her or their heirs, executors, administrators, successors or assigns shall execute any and all damages or claims resulting from such dedication to public use.

(c) The continuing and unqualified right to alter, modify , amend, subtract or add to any of the terms, conditions, reservations, restrictions, covenants and conditions set forth in this Declaration during the “development period,” when in the sole and exclusive opinion of Grantor it is necessary for the benefit and mutual protection of all property owners. “Development Period” for purposes of this Declaration shall be defined as that period of time necessary to sell and convey all lots in the Development to Grantees.

(d) Grantor expressly excepts and reserves unto itself the right to dedicate to any municipal body or to appropriate public utility companies, including cable television, rights of way and easement areas for the installation and maintenance of public utilities along lot lines and over strips of and ten (10’) feet in width along side and rear property lines and ten (10’) feet in width along the front property line of all lots, together with accessory rights and easements to locate guide wires, braces, anchors and to trim such brush, trees and tree limbs as are necessary. The rights reserved unto Grantor in this subsection shall apply to the right to grant right of way and easement areas for the installation, construction and maintenance of radio and television transmission cables serving the Development with in the rights of way set forth in this subsection.

3. All utilities granted a Certificate of Public Convenience or regulated by the Pennsylvania Public Utility Commission, including, but not limited to, electric service utilities, sewerage utilities, water utilities, cable television companies, and other such similar utilities, shall have necessary right of way and easement areas for the installation and maintenance of such public utilities. The granting of such easements to said public utility companies shall only be made upon the prior written approval of Grantor which approval shall not be unreasonably withheld.

4. Each lot owner shall continuously maintain the right of way and easement areas reserved by Grantor or dedicated or conveyed to public utilities as set forth in Article VI< Paragraph 2, subparagraph (d), but not structures, plantings, landscape, excavation, alteration, or other materials shall be placed or permitted to remain, nor shall other activities be undertaken which may damage or interfere with the installation or maintenance of such right of ways or easements. Nor shall the lot owner erect any structure, do any excavation, landscaping or plantings or deposit or permit to remain any materials of any king whatsoever which may change the direction or flow of drainage channels in the drainage easements set forth on the official maps, which may obstruct or retard the flow of water through said drainage channels, or which may damage or interfere with established slope ratios or create erosion or s oil sliding conditions. Provided, nevertheless, that where the existing location of a drainage channel would hinder the orderly development of a lot, the lot owner may relocate said drainage channel on such lot provided:

(a) The prior written consent of the Grantor is first had and obtained;

(b) the newly formed drainage swale or channel is properly stabilized; and

(c) The relocated drainage channel does not cause any encroachment or materially adversely affect any other lot in the Development Notwithstanding any terms or conditions to the contrary herein contained, the lot owner shall not be responsible for the maintenance of the public service facility/-utility installed by the aforesaid public utility companies if said companies are responsible for such maintenance.

5. Streets.

The Grantor expressly reserves and excepts unto itself, its successors and assigns, an easement or right of way under all streets, roads, and rights of way in the Development for the purpose of the installation, maintenance, construction, and operation of utilities thereon or thereunder, for the purpose of drainage control, or access to any lot, and for purposes of the installation of said streets, roads, central water system central sewerage system, and other such purposes.

6. Sewer, Water, Power, and Telephone Easements.

In order to properly install, construct, maintain and operate the electric distribution facilities, cable television facilities, and telephone facilities to a home constructed upon each lot, a necessary easement shall be granted by said lot owner for such purpose to the entity maintaining, constructing, operating, or installing such service, which easement shall include the right of ingress, egress, and regress upon said lot owner’s premises for such purposes.

7. Liability for Use of Easement.

No lot owner shall have any claim or cause of action whatsoever at law or in equity against Grantor or its successors or assigns or licensees arising out of the exercise or non exercise of any easement reserved hereunder or on the official maps, except in the case of willful or wanton misconduct.

VIII. ADDTIONAL PROPERTY

The Grantor, its successors or assigns, expressly reserves unto itself the sole and exclusive right to bring within the scheme of this Declaration, from time to time and in its discretion, with municipal approvals, if required, additional properties, including property now or hereafter acquired by it and property of others that is either abutting and contiguous with the property more particularly and at large described on Exhibit “A” attached hereto and made a part hereof, or additions thereto or so situated that the additional property will be consistent with the uniform scheme for development set forth in this Declaration. Any such additions as made pursuant to the authority herein set forth shall be made by supplementary declaration as prescribed hereinafter.

Supplementary Declaration.

A supplementary declaration shall contain the following:

(a) A reference to this Declaration.

(b) Identification of the Declaration of the supplementary declaration.

(d) A statement that the real property that is the subject of the supplementary declaration constitutes additional property as set forth herein.

(e) Said supplementary declaration shall fully and completely comply with all of the covenants, conditions, restrictions, easements and other provisions of this Declaration so as to form one uniform scheme for the development of the premises more particularly and at large described on Exhibit “A” and premises subject to the supplementary declaration as if said additional property had been subject to this original Declaration.

(f) A supplementary declaration may contain such additions to or modifications of the covenants, conditions, restrictions, easements and provisions of this Declaration as may be necessary to reflect the different character, if any, of the real property that is subject to the supplementary declaration.

A supplementary declaration shall become effective upon being duly recorded in the Office for the Recording of Deeds, etc. at Milford, Pennsylvania, in and for the County of Pike if in full conformity with provisions relating to supplementary declarations herein set forth.
Grantor expressly reserves the right to increase the mutual real or equitable servitudes upon each of the lots set forth on the official maps and Exhibit ”A” attached hereto and made a part hereof being the present Development, and upon the roadways, easements, community areas, recreational areas and utilities of the Development.

VIII CONSERVATION LOTS

Lot Nos. 12,13,14,15.16. 17.18 , 28, 29, 30 and 31 shall be designated as Wildlife Conservation Area lots. Each conservation lot shall have an area designated as conservation area. The conservation area shall be delineated in the official map. All restrictions and covenants as herein contained shall apply to the aforementioned conservation lots in addition to the following:

a. no plants, vegetation, trees, shrubs, wildlife or soils shall be removed, altered, destroyed whatsoever within this designated conservation area.

b. there shall be no erection of any improvements whatsoever of any kind within the conservation area.

c. no home, structure, water system, sewage system, driveways, parking areas of any kind shall be constructed within fifty (50”) feet of the conservation area.

IX. COMMON AREA(PRESERVE) SPECIAL REGULATIONS

1. Common area shall be posted by the Grantor.

2. Common area shall be used only by Winding Brook residents and their guests.

3. No vehicles of any kind are allowed in the preserve.

4. No digging, destroying or removing of any part of the environment is allowed in the preserve.

5. No hunting or trapping is allowed.

6. Fishing is allowed in season by residents only and two (2) accompanied guests at a time.

7. No littering is allowed

8. No music or noise creating activity is allowed.

9. No camping.

10. No disturbance of wildlife except fishing.

11. No equipment is allowed in the common area except that necessary for fishing, photography or art work.

12. The common area is to be kept as a nature preserve and wildlife refuge.

13. No dumping allowed.

14. the common area shall be accessible to the Grantor, his heirs, and assigns, in perpetuity.

15. No boats are allowed

16. NO planting is allowed in the common area without permission of the Grantor.

17. No building is allowed in the common area.