UNDER
AND SUBJECT NEVERTHELESS, that the hereby granted lot or
lots or piece of ground, or any part thereof, and the
buildings 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 or parcels of land in the Block and
Section of which the subject premises is a part in the
subdivision know as Gold Key Estates, Pike County, Pa.
shall be and remain reserved and used for single family
residential purposes exclusively, and for no other
purpose.
2.
It is understood that the Purchasers herein and
their heirs and assigns shall pay to the Seller and his
successors and assigns an annual charge of twenty ($20)
per building lot to be used for the maintenance and
clearance of roads and adjacent and abutting said
buildings lots. Purchaser
further agrees to pay the annual sum of forty ($40)
strictly for the use and enjoyment of recreational
facilities owned and provided by the Seller.
Said charges begin and become effective the first
calendar year after the year of execution of this contract
of sale and continue annually thereafter.
In the event that Purchasers default in payment of
above described charges, these charges then shall become
and constitute a lien against the property.
Seller guarantees not to increase said charges for
a term of three years except in the event that Seller
turns over the operation and maintenance of the said road
and recreational facilities to any Property Owners
Association, or any other organization where the Property
Owners will have their say by a vote and, in which event a
majority of the members of such Property Owners
Association or other organization shall have the right and
power to set the charges accordingly and which charges
shall be binding on the Purchasers, their heirs and
assigns.
3.
No structure or building of any sort shall be moved
to, erected, or constructed on any plot until a complete
set of plans and specifications has been submitted to and
approved in writing by Carpathian Realty Corporation.
Disapproval of plans or specifications by
Carpathian Realty Corporation may be based on any grounds,
including purely aesthetic grounds.
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 Carpathian Realty Corporation in writing, such
approval to specify the time and manner in which such
clearing shall be made.
4.
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.
5.
No building shall be erected on any plot within 25
feet of the front lines of said plot, nor shall any
building on a corner lot be located closer than 20 feet
from the side street upon which it fronts.
All buildings shall have an aggregate side yard of
at least 25 feet of which no side yard shall be less than
12 feet.
6.
A sewage disposal system shall be installed
contemporaneously with house construction of a standard
design and in a location approved by grantor and such
system shall comply with the requirements of all local and
state sanitary codes.
The effluent from such disposal system shall not
drain into any stream, pond or lake but shall be disposed
of in such manner as may be approved by the grantor on
plans accompanying housing plans approved by grantor and
governmental authority prior to building.
7.
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 thereon and not until the time
when building operations are commenced.
No earth or sand shall be removed from the said
premises except as part of the said excavation.
Once building operations are commenced the exterior
shall be completed with six (6) months from the date of
the commencement of the building operations.
8.
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 the carrying on of any trade
or profession.
9.
That the lot or any building thereon erected, or
any part thereof, shall not be used or occupied for the
distillation or brewing manufacturing, building or sale of
any malt, vinous, spirituous or intoxicating liquor of any
kind.
10.
That no poultry, cattle or any livestock
whatsoever, shall be kept or bred or raised upon the lot
or any building thereon erected, or any part thereof.
11.
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.
12.
That no oil or gas well shall be drilled on any lot
or part lot conveyed.
13.
No
signs of any type, including
“For Rent” or “For Sale” signs, shall be
erected or maintained on the premises.
14.
It is covenanted and agreed between the grantor,
its successors and assigns, and the grantee or grantees,
his, her or their heirs, executors, administrators and
assigns, that no part or portion of the described premises
shall be owned, used or occupied, directly or indirectly,
by any person or persons unless such person or persons
shall first be approved for membership in Gold Key Country
Club, Inc. Nor
will the grantee or grantees, sell, convey, rent, lease or
permit to be occupied the premises hereby conveyed, to or
by any person or persons, excepting those first approved
for membership in Gold Key Country Club, Inc., and will
submit the required application to said Club, and obtain
approval thereof before any sale, conveyance, lease or
rental is consummated, or occupancy is permitted.
This paragraph shall also operate with respect to
any devolution of title by operation of law or otherwise.
15.
That if the grantee or grantees, his, her or their
heirs, executors, administrators and assigns, herein
desire to resell, grant, convey or transfer in any manner
the lot or lots or any part thereof, (except that the
grantee(s) herein, his, her or their heirs, and assigns,
shall have the right to devise the lot or lots by will to
any person qualified to inherit the same under the
interstate laws of Pennsylvania), the said grantor, its
successors and assigns shall have the first right or
option to purchase the same at the best bone fide price
and terms offered in writing to the grantee, his, her or
their heirs and assigns within 30 days from the date that
the grantee, his, her or their heirs shall receive said
offer and communicate same in writing to the grantor, its
successors and assigns.
If the said premises are not purchased within said
period of time the grantee or grantees herein, his, her or
their heirs, executors, administrators and assigns, may
sell to anyone, at a price not less than the bone fide
offer communicated to grantor.
16.
The grantee shall conform to and comply with all
reasonable rules and regulations promulgated by GOLD KEY
COUNTRY CLUB, INC., its successors and assigns.
17.
The finished grade of the lot after construction
shall be such as to conform with the drainage plan
prepared by the grantor, and all drainage swales or
ditches required by the aforesaid drainage plan shall be
kept free and clear of spoil, debris or other material and
any landscaping carried out by the grantee shall not
interfere with or alter in any way the drainage plan.
18.
So long as the streets, roadways and rights of way
existing within the development remain private, and unless
and until same are specifically dedicated by deed recorded
in the Clerk’s Office in the Pike County Courthouse,
which right to so dedicate the grantor hereby reserves,
the grantor reserves the right to vest maintenance and
control of the said streets, roadways and rights of way or
some of them in the GOLD KEY COUNTRY CLUB, INC., or in any
other group, company or corporation
designated by the grantor.
19.
The grantee shall maintain the lot in neat
condition, and free of any structure or nuisance contrary
to these covenants, and grantor may clear or tidy any lot
of said objectionable structures and conditions without
liability for damage for such action and charge reasonable
costs of such work to the grantee.
20.
The grantor may designate the GOLD KEY COUNTRY
CLUB, INC., and/or any other designated person,
association or corporation as agents of the grantor for
the purpose of carrying out all or part of the authority
vested in the grantor by these restrictions.
21.
These restrictions, covenants, easements,
conditions shall run with the land and shall be in force
and effect for a period of forty years from June 1, 1966.
22.
Failure to promptly enforce any of the above
restrictions, conditions or covenants 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 judgment of any competent Court shall in no wise affect
any of the other provisions which shall remain in full
force and effect.
The above covenants,
restrictions and conditions shall be covenants running
with the land and shall be binding upon and shall apply
only to the Block and Section of which the subject
premises is a part.
TOGETHER
WITH, the right and privilege to use the private roadways
on other lands of Carpathian Realty Corporation from the
public highway known as Legislative Route 51007 to the lot
herein conveyed for purposes of ingress and egress to and
from the lands herein conveyed to the said public highway,
in common, however, with others and the grantor herein,
its successors and assigns, subject to the right to amend
or alter the course and/or grade thereof as heretofore
provided.
TOGETHER
WITH all and singular the ways, waters, water-courses,
rights, liberties, privileges, hereditaments and
appurtenances whatsoever thereunto belonging, or in
anywise appertaining, and the reversions and remainders,
rents, issues and profits thereof; and all the estate,
right, title, interest, property, claim and demand
whatsoever, of it in law, equity, or otherwise howsoever,
of, in and to the same and every part thereof.
TO
HAVE AND TO HOLD the said hereditaments and premises
hereby granted or mentioned and intended so to be, with
the appurtenances, unto the said grantee(s), his, her or
their heirs and assigns, to and for the only proper use
and behoof of the said grantee(s), his, her or their heirs
and assigns forever.
AND
the said grantor hereby covenants, and agrees, that it
will warrant specially the property hereby conveyed.
IN
WITNESS WHEREOF, the said grantor has caused this
indenture to be signed in its corporate name by its
President, and has caused to be affixed hereunto the
common and corporate seal of the said corporation,
attested by its Secretary the day and year first above
written.