DECLARATION OF RESTRICTIONS BY THE OWNERS OF "THE COLONY"

Transcription

1 DECLARATION OF RESTRICTIONS BY THE OWNERS OF "THE COLONY" WHEREAS, the persons hereinafter listed are the Owners of a certain tract of land being part of Tract 283 in Fairview Township, County of Erie, and Commonwealth of Pennsylvania, as shown on a map entitled "The Colony" Subdivision, made by Owen Richardson on January 15, 1952, and filed in the office of the Recorder of Deeds of Erie County, Pennsylvania, in Map Book 4, pages 379, 382, 383; the said Owners being Charles H. Baumbach, John W. English) G. Gerald Dugan, James Murrie and Robert Jarecki. NOW, THEREFORE, the said Owners declare that the property shown on the said map or "The Colony", above referred to, is held and shall be conveyed subject to restrictions, conditions, covenants, changes and agreements set forth in various subdivisions of this declaration, to-wit: 1. STREETS: The streets and lanes set out on the map as recorded and the easements thereon established, are hereby made a part of these restrictions. Said restrictions and any other restrictions herein established may be modified or changed in the manner or method hereinafter set forth and established. 2. NUISANCES: There shall not be erected, permitted, maintained, or continued upon said property, or any part thereof, any brewery, distillery, malt house, slaughter house, or any manufacturing or commercial enterprise of any nature whatsoever, or hospital, asylum, sanitorium, rest home or institution of any like or similar nature, or any cattle yard, hog pen, fowl yard or chicken house, nor shall there be kept on the property, any cattle, hogs, livestock or poultry, or any noxious, dangerous or offensive thing, trade, business, or use of the property whatsoever. The above restrictions may be modified by the Owners relative to the use or maintenance of riding horses or private stables therefore. Nothing in these restrictions shall prevent any lot holders from keeping or maintaining dogs, cats or other domestic pets for personal or private enjoyment, but there shall not be maintained or continued any commercial kennel or other commercial practices relative to the breeding or raising of such domestic pets for commercial sale. 3. BUILDINGS: The property shall be used for single family private residence purposes only, and no building shall be erected, maintained or used thereon; except private single family dwelling houses and private garages or guest houses appurtenant to such dwellings, for the sole use of owners of the lots or plots upon which said houses are erected. No paying or commercial guests shall be maintained in any house or building at any time. No dwelling house shall be constructed to cover less than a first floor area of 1200 square feet not including porches, breezeways, and garages. 14JUNE2015 1

2 4. APPROVAL OF PLANS: No building, wall, pool or other structure, or any hedge, fence, gate or tree shall be erected, planted, maintained or installed, unless the plans and specifications therefore showing the nature, kind, shape, height, material, color scheme, and location of said structure or thing, and the grading plans of the lot to be built upon; shall have been submitted to, and approved by in writing, and a copy thereof as finally approved, lodged permanently with the Owners or such other authority as such right of approval as the Owners may designate or assign such right of approval. Such approval shall not be required for shrubbery, hedges or house planting spaced within ten (10) feet of any dwelling, or any such approval shall not be required for any planting less than four (4) feet in height. 5. BUILDING LINES: All buildings must be erected in accordance with the established building line for lots as indicated upon the Subdivision map, except that any lot less than 200 x 200 may have a special building line, indicated in the deed, at the option of the Owners. 6. TITLE TO STREETS No title to land of any streets, driveways or private lanes is intended to be conveyed to the purchasers of any property, but the Owners retain the right to abutting land Owners or to any public authority or private association, all of the land, title and interest in said streets, driveways or lanes, should the owners deem it expedient to do so. Any right-ofway for the use of such streets, driveways or lanes; shall be limited as set forth in the Subdivision plan as recorded. It being the intention of the Owners to be accepted by all grantees that such right-of-way shall be private and not public. 7. GENERAL MAINTENANCE CHARGES: All of the land shown on said Subdivision map, whether owned by the Owners or purchaser; with the exception of any open spaces which may in the future be maintained for the general use of lot holders; shall be subject to an annual pro-rata charge or assessment, to be paid by the lot holders of the property, subject thereto to the Owners or to such other authority or association as the holders of a majority of the lots selected. Such payment shall be assessed equally on every lots and the amount thereof, shall be determined at an annual meeting of the lot holders, to be held the first Tuesday after the first Monday in June of each and every year, after which date such charges will be assessed, and shall become a lien upon the land and continue to be such until fully paid. 14JUNE2015 2

3 Such maintenance charges for maintaining Bonaventure Drive, and such planting or care taking necessary for the amount of the property located on the West Lake Road; the entrances parallel or other entrances to Bonaventure Drive on the West Lake Road, and such other property as may from time to time be opened by the Owners to the general use of all lot owners, shall be equally assessed to the Owners and lot holder. Such maintenance shall include any paths, roadways, or other methods of access to the beach which may be created by the Owners or by any Association for the benefit of all lot owners. The lanes may be opened by the Owners, but they are not required to do so. They shall be maintained by the lot holders abutting such lanes; the Owners or any Association succeeding the Owners shall have the right, however, to improve or maintain such lanes, or any lane, which has already been opened but kept in a condition not corresponding to the condition of other lanes in the Subdivision, in the judgment of the majority of the lot holders. Any expense involved in the maintenance of such lanes shall be assessed to the lot holders abutting thereon. It is understood and agreed that the owners shall pay into the maintenance fund the assessment at the same rate as provided for any other lot owned or unsold lots, and that the maintenance fund shall be administered by the Owners, free of charge, until an Association is formed to take over such activities. It is understood that the Owners shall open Bonaventure drive without additional charge to any lot holders, and may provide a black top pavement for Bonaventure Drive. The Owners are privileged to open any lane which may seem desirable to them. Such openings or expenses on the part of the Owners shall not be a maintenance charge to the lot holders. Maintenance charges shall include, however, any charges which may be incurred for the maintenance, construction or improvement of the Subdivision, water facilities, drainage, or any community sewage facilities, and any such facilities shall be approved by the holders of a majority of the lots in the Subdivision. The Owners may advance or borrow such amounts of money that may be necessary to maintain the driveways, lanes or streets, lawns, shrubbery, or do such work as may come under maintenance; said sums to be paid from the maintenance fund. 8. RIGHT TO MODIFY: Any of the restrictions, conditions, covenants, charges or agreements here-in contained, except the restrictions set forth in Paragraph 2, entitled "Nuisances", may be annulled, waived, changed or modified by the Owners as to any property owned by them. Violation of any of the restrictions or conditions or breach of any of the covenants and agreements hereto contained, shall give to the Owners the right to enter upon the property as to which any of such violation or breach exists, and to summarily abate and remove at the expense of the Owners, any erection, thing or condition that may be or exists thereon, contrary to the contents and meaning of the condition hereof, and the Owner shall not hereby be deemed guilty of any manner of trespass for such entry, abatement or removal. 14JUNE2015 3

4 9. RIGHT TO ASSIGN: Any or all of the right and powers of the Owners herein contained, may be assignees to any corporation or association which may hereafter be organized, and which assumes the duties of the Owners hereunder pertaining to the particular rights and powers assigned; and upon any such corporation or association evidencing its consent in writing to accept such assignment and assume such duties, shall to the extent of such assignment have the same rights and powers and be subject to the obligation and duties as are given to and assumed by the Owners herein. 10. RIGHT TO EXTEND: All of the restrictions, conditions, covenants, charges and agreements contained herein, shall run with the land and continue until July 1962, and shall as then in force be extended for a period of ten (10) years, and thereafter for successive periods of ten (10) years, without limitation by the assent evidenced by an appropriate agreement entered of record, unless revoked or modified at the end of any ten year period, of the owners of 2/3rds of the area of the property shown on the said Subdivision map, exclusive of streets, lanes, parks and open spaces, intended for general use of the Owners of the property. Any modification or changes of eliminations in these restrictions must be made at least three (3) months before the expiration of any ten (10) year period. 11. RIGHT TO ENFORCE: The provisions herein contained shall bind and enure to the benefit of and be enforceable by the Owners of the property as shown on said map, their legal representatives, heirs, successors and assigns, and failure by the Owners to enforce lay of such restrictions, conditions, covenants and agreements herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12. FOR SALE SIGNS: No "For Sale" signs of any character shall be erected or maintained on any lot in The Colony Subdivision, without written permission from the Owners or the Association. 13. ASSOCIATION: The Association will be formed of the original Owners, so long as they hold any interest or any lots in the Subdivision, individually, or as Owners, and all other lot holders, and each lot holder or the Owners, shall be entitled to one vote for each lot on the Subdivision plan, held by such Owners or lot holders. All assessments as hereinbefore provided, shall be divided by the number of lots on the Subdivision plan, and shall be assessed against each lot equally regardless of location or size, except for such special assessments as may be made for individual lane improvements, which shall be charged against the owner s property abutting the lane. 14JUNE2015 4

5 14. DEFINITIONS: (a) OWNERS: which means the original owners of this Subdivision, or their heirs, successors and assigns. (b) LOT HOLDERS: which means the owners of any individual lot or lots in the Subdivision. (c) ASSOCIATION: which means The Colony Association which the Owners intend to form and to which the Owners intend to assign at some appropriate future date, the enforcement of these restrictions. THE OWNERS: CHARLES E. BAUEBACH CATHARINE C. BAUNBACE JOHN W. ENGLISH OTILIE G. ENGLISH G. GERALD DUGAN JAMES A. CURRIE ADALA M. CURRIE Robert Jarecki and Jean D. Jarecki by: Attorney-In-Fact 14JUNE2015 5

6 STATE OF PENNSYLVANIA ) ) SS: COUNTY OF ERIE ) On this 7th day of August, 1952, before me, the undersigned officer, personally appeared CHARLES H. BAUMBACH and CATHARIAT C. BAITBACH, his wife; JOHN W. ENGLISH and OTILIE G. ENGLISH, his wife; G. GERALD DUGAN, Single, JANES A. CURRIE and ADALA CURRIE, his wife; and JOHN W. ENGLISH, as Attorney-in-Fact for Robert Jarecki and Jean D. Jarecki, his wife, who acknowledged themselves tole the owners of The Colony Subdivision, and that as Auch owners, being authorized to do so, executed the foregoing Declaration of Restrictions for the purposes therein contained. Notary Public 14JUNE2015 6

7 Amendments to Deed Restrictions 1stt Amendment Amendment filed 7/7/61, Deed Book 841, Pages Changed square footage requirements. Ranches to 1500 sq.ft., 2 story dwellings to 2000 sq. ft. and added split 2000 sq. ft. All sq. ft. requirements disallowed the inclusion of garages, porches and breezeways in the minimum sq. ft. requirements. Also, all garages must be a minimum of 2 car capacity. Finally, all new construction after this date require connection to the central water system. 2nd Amendment Amendment filed 6/30/72, Deed Book 1072, Pages 237 on. Allows for the continuance of the restrictions as amended to continue from 7/1/72 to 7/1/82 and thereafter for successive periods of 10 years unless revoked or modified by agreement in writing by the owners of 2/3 majority of the area of the property shown on the deed subdivision map in accord with Article 10 of the original restrictions. This amendment was signed by a majority of the existing owners and residents at the time. 14JUNE2015 7