In
this Schedule A. the following words shall have the
following meaning;
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 as defined in the Deed of which
of which this Schedule A is a part (including the
heirs, successors, executors, administrators of the
Purchaser); and
Homesite- means the premises referred to in the annexed document and if used for the
erection of more than one private dwelling house, shall
where the context so required, 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 on 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 lot line, or nearer than 15 feet to
any side yard line, or nearer than 30 feet to any combined
side yard, or nearer than 25 feet to any rear lot line.
(3)
Easements for installation and maintenance of
utilities are reserved for a distance of five feet either
side of the individual lot side and for drainage
facilities over the ten feet a long all lot lines.
(4)
No structure of a temporary character, trailer,
basement , tent, shack,
garage, barn or other out building shall be 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 hat a dog, cat
or other household pet may be kept provided that they are
not kept, bred or maintained for any commercial purpose.
(6)
No lot shall be used or maintained as a dumping
ground for 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
then currently licensed
for collision
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 in 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 system
is designated located and constructed 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
premises 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
with 15 days after the same have been submitted. Such
approval will not be unreasonably withheld, and is subject
to the requirements, standards and recommendation 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 commerce. 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 brush or trees
or do any burning of
any nature whatever except after having first obtained
the approval of the Seller, inwriting , 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 the 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 the public roads, and subject to the
right of the Seller to maintain or grant the right
to maintain water drains, sewer pipes, street drains, gas
mains, fixture 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 the
Pocono Mountain Lake Estates Section Five and Six
Community Association which may be
formed in the future
or in any other signup company or corporation
designated by the Seller.
(13)
The Purchaser agrees not to permit any signs to be
erected or maintained on the premises for advertising
purposes.
(14)
The Purchaser agrees to join the Pocono Mountain
Lakes Estates, Section Five and Six Community Association
if and when same is formed and to maintain such membership
and pay (l) such
annual fees or 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 if any. It is understood and agreed that the
Seller being a member of the Associations by virtue of the
lands owned by the Seller, will not be liable for such
annual fees or dues, assessments and charges. The
Purchaser hereby agrees to require as a condition
prreordent 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 begin paying its charges and dues,
each lot owner shall pay to the Seller the sum of $90.00
per year for road maintenance , snow removal ,etc.
(16)
Anyone making a nuisance of himself or herself,
shall at the discretion of the Seller, be denied the
privileges of 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
Purchaser to enter upon the premises upon which any
structure or nuisances have been erected or maintained
contrary to any of these conveyed 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 installed
within 30 feet of any body of water or water course, or
within 10 fee of any lot lines.
(19)
All corner lots shall be subject to a slight
easement over a triangle, the legs of which are 30 feet
measured along the street right of way lines from their
point of interaction.
(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 or other violation.
(21)
These restriction covenants shall bind the Seller,
its successors and assigns, and shall bind the Purchaser
and the heirs , executors, administrators, successors and
assigns of Purchaser.