DECLARA TION OF CONDITIONS, COVENANTS, RESTRICTIONS AND EASEMENTS FOR LOCKSLEY GLEN SECTION 1 PHASE 1

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1 ':j"fru r-'.t'~'1c :'<~~ GENERAL ABSTRACT CORPORATIOJ Vi~:n~~~e~:a5~': GA (3SFJ-C DECLARA TION OF CONDITIONS, COVENANTS, RESTRICTIONS AND EASEMENTS FOR LOCKSLEY GLEN SECTION 1 PHASE 1 THIS DECLARATION, made the 13th day of November, 1998 by LOCKSLEY GLEN DEVELOPMENT CORP., a Pennsylvania corporation, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of all that certain parcel of land (hereinafter referred to as the "Subject Property") situate in East Nottingham Township, Chester County, Pennsylvania as described in Exhibit" A" attached hereto and made a part hereof; and.~ WHEREAS, the aforesaid Subject Property is a part of a certain parcel of land situate in East Nottingham Township, Chester County, Pennsylvania identified as LOCKSLEY GLEN (hereinafter referred to as the "Community of Locks ley Glen" or the "Community"), and more particularly shown on the plan of "'Locksley Glen' Single Family Homes Section No.1" Cover Sheet [which such plan depicts, in addition to Section No.1, Section No.2 and Section NO.3 of "Locksley Glen"] as prepared by Reagis dated January 30, 1998 and last revised May 29, 1998; and WHEREAS. Declarant desires to create on the Subject Property a residential community comprised of individual building lots ("Lots") on which single family residential dwellings are planned to be built; and WHEREAS, the Declarant desires to provide for the preservation and enhancement of the property values, amenities, and opportunities in the Community of Locks ley Glen contributing to the personal and general health, safety and welfare of residents and the enforcement of covenants and restrictions set forth in this Declaration and to subject the Subject Property co the conditions, covenants, restrictions and easements set forth in this Declaration, each and all of which is and are for the benefit of the Community of Locks ley Glen and for each owner of a part thereof. 81{ PG2 I tr 9 1

2 NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant does hereby covenant and declare that it shall hold and stand seized of the Subject Property, more particularly described in Exhibit "A" attached hereto, excepting any portion of, or rights in any portion of, the Subject Property conveyed, dedicated or otherwise transferred to any governmental entity or dedicated to public use and further excepting any portion of, or rights in any portion of, the Subject Property conveyed or otherwise transferred to or for the use of any entity providing public utility services including, but not limited to, electricity, gas, telephone, water, sewer, and/or cable television, under and subject to, and hereafter each part of, or Lot in, the Subject Property is and shall be held, transferred, sold, conveyed and occupied subject to the following conditions, covenants, restrictions, and easements which shall be covenants running with the land and which shall be binding upon the Dec]arant, its successors and assigns and all subsequent owners, occupants and visitors of the Subject Property. 1. Definitions 1.1. "Convey" or "Conveyance" shall mean and refer to the conveyance, dedication, lease, grant of easement or license, or any other similar grant of an interest in real property, together with the acceptance thereof 1.2. "Declarant" shall mean and refer to Locksley Glen Development Corp., a Pennsylvania corporation, its successors and assigns for the purpose of development. l.3. "Declaration" shall mean and refer to the conditions, covenants, restrictions and easements set forth in this Declaration and all other provisions set forth in this document, as they may be duly amended from time to time "GovernmentallPublic Service Entity" shall mean and refer to the public, any governmental or quasi-governmental entity, agency or authority, public or private utility, or similar entity acting on behalf of, or in service to, the public "Lot" shall mean and refer to anyone of those certain parcels ofland, shown on the Subdivision Plan, upon which one single-family dwelling is or may be erected. The term "Lot" shall not be construed to include areas Conveyed to GovernmentallPublic Service Entities "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities of any Lot which is a part of the Subject Property, excluding those having such interest, however described, merely as security for the performance of an obligation. Provided, however, a mortgagee in possession shall be deemed an Owner during the time of possession. RI{ 4 L~5 L~PG2 I 50 2

3 1.7. "Storm Water Facilities" shall mean and refer to all those certain portions of the Subject Property designated for the purpose of storm water drainage management and detention together with all improvements to the Subject Property, including but not limited to basins, pipes, swales, inlets, systems and other components and facilities appurtenant thereto as are constructed for the purpose of storm water drainage management "Storm Water Facilities Maintenance" shall mean and refer to the maintenance, repair and replacement of Storm Water Facilities in a manner which preserves, keeps functional, complies with all applicable Township, County, State and Federal laws and retains the functional condition thereof 1.9. "Storm Water Facilities Maintenance Cost" shall mean and refer to the cost of the Storm Water Facilities Maintenance "Storm Water Facilities Maintenance Cost Share" shall mean and refer to a Lot Owner's obligation to pay said Lot Owner's proportionate share of the Storm Water Facilities Maintenance Cost to any Lot Owner responsible for Storm Water Facilities Maintenance "Subject Property" shall mean and refer to that certain real property described in Exhibit "A" attached hereto and made a part hereof, and such additions thereto, if any, as may be hereafter be made subject to this Declaration "Subdivision Plan" shall mean and refer to the "Locksley Glen Single Family Homes Record Plan Section 1 / Phase 1", prepared by Reagis, dated June 30, 1998 and last revised September 11, 1998 as amended, if amended, which said plan has been approved by East Nottingham Township as shown and set forth on the plan, and which such plan has been or shall be recorded in the Office of the Recorder of Deeds in and for Chester County. Pennsylvania 8\( It PG2J 5 I 3

4 2. Storm Water Facilities 2.1. Maintenance Responsibility The Owner of a Lot upon which any Storm Water Facility or Facilities are located shall be responsible for the Storm Water Facilities Maintenance of any and all such Storm Water Facilities Storm Water Facilities Maintenance Cost Share The Storm Water Facilities Maintenance Cost shall be borne by the Lot Owners of the Subject Property in proportion to such use. For purposes ofthis Declaration, all Lot Owners in the Subject Property shall be deemed to equally use the Storm Water Facilities and the cost obligation of all of the Owners in the Subject Property shall be divided equally among all of the Owners of Lots in the Subject Property Obligation to pay The purchaser of any Lot, by the acceptance of a deed thereto, obligates and binds himself, herself, themselves or itself and his, her or their heirs and assigns or its successors and assigns to pay the Storm Water Facilities Maintenance Cost Share attributable to such Lot to the Lot Owner or Owners responsible for Storm Water Facilities Maintenance. Upon incurring Storm Water Facilities Maintenance Costs, the Owner of any Lot responsible for Storm Water Facilities Maintenance shall, after notification of the. amount thereof, have the right to collect the Storm Water Facilities Maintenance Cost Share attributable to such Lot from each Lot Owner obligated by this Declaration, and shall, after the allowance of sixty (60) days for the payment thereof have the right and power to take and prosecute all actions or suits, legal, equitable, or otherwise, which are necessary for the collection of such Storm Water Facilities Maintenance Cost Share. Bl<4 454 PG2 I 5 2 4

5 3. Restrictions 3.1 Single Family Residences Only Unless otherwise hereinafter expressly provided, all Lots shall be used solely for private, single family residential purposes. No buildings or other improvements shall be constructed, placed or maintained on any Lot except detached, single family residential dwelling houses with customary appurtenant structures, including but not limited to, garages, greenhouses, sheds and play structures, subject to the following restriction. No structure placed or maintained on any Lot, which such structure is appurtenant to the detached, single family residential dwelling house on said Lot, and which such appurtenant structure shall require the obtaining of a Building Permit for the construction thereof, shall exceed one hundred twenty (120) gross square feet in overall size of the structure as calculated from a horizontal plan view of the entire structure, nor shall such structure exceed an overall height of twenty (20) feet at any point thereof No more than one detached, single family residential dwelling with appurtenant structures shall be constructed, placed or maintained on each Lot, and the dwelling and structures appurtenant thereto shall be occupied by no more than one family as such term is defined in the Zoning Code of East Nottingham Township, Chester County, Pennsylvania. Every garage, shed or other storage facility constructed, placed or maintained on a Lot shall be used exclusively by the owners or occupants of the Lot on which it is located. Any addition, enclosure, garage, appurtenant building, fence, wall, planting or other improvement or modification erected, placed or maintained on a Lot shall be harmonious in design with the single family residential dwelling on the Lot. The landscaping and maintenance thereof shall be in accordance with the residential character of the community. No hedges or mass groupings of shrubs and/or trees which could be a visual barrier comparable to a fence shall be placed or maintained closer to the street than the building set-back line established by zoning ordinance. 8K PG2 I 5 3 5

6 3.2. Temporary Facilities No temporary structure, trailer, garage, tent or other similar facility shall be used at any time for residential purposes. Nothing herein shall prohibit the placement on any Lot of temporary construction trailers, sheds, portable toilets or similar items during construction, repair of, or addition to, any improvements on such Lot Business Use No trade, business or profession, except customary home occupations clearly... incidental to the residential use of the dwelling on a Lot and subject to compliance with and approval of all governmental agencies having jurisdiction thereof, shall be regularly conducted or pursued on any Lot or within or without any structure on any Lot No vehicle, equipment, or structure shall be placed, maintained, constructed or.~ operated, temporarily or permanently, on any Lot for any trade, business. or other commercial purpose Animals Except for animals commonly recognized as domestic house pets, not to exceed three such pets on any Lot, no animals of any kind, whether mammal, bird, reptile or other, shall be at any time kept on any Lot. Pets shall be maintained and controlled at all times so as not to offend or disturb other Lot owners or occupants by noise, elimination, odor, intrusion, destruction of property or otherwise Nuisances No nuisance, or noxious, offensive, or dangerous activity or thing shall be created, permitted or conducted on or about any Lot including but not limited to open or smoking fires, unfenced swimming pools, and uncovered refuse. All garbage, trash, and other refuse shall be placed in tight, enclosed containers which shall be kept out of sight except on collection days. 6

7 3.6. Vehicles No mobile home, bus, house car, motor home, camper, trailer, commercial vehicle, airplane, boat, unlicensed motor vehicle, snowmobile or other specialized recreational vehicle, or any inoperative vehicle shall be placed, used, operated, maintained or stored on any Lot or any other part of the Community, nor parked on any street within the Community, except for such time as is necessary to load or unload same, or pickup or discharge passengers therefrom. Nothing herein shall prohibit the storage of any of the aforesaid items or vehicles provided, however, that any such storage is completely within a garage, enclosed within a fence, which such fence shall not be in violation of the provisions therefor set forth in these Restrictions, or screened by landscaping such that the item or vehicle is not within the sight of any portion of the Community excepting only the Lot on which storage is maintained Fences No "chain link" or other wire or metal construction fence shall be placed, erected or maintained on any Lot at any time. No fence, wall, or similar structure in excess of eight (8) feet in height shall be erected, placed or maintained on any Lot. No fence in excess offour (4) feet high be erected or maintained along or within ten (10) feet of the property lines of any Lot. No fence in excess of four (4) feet high (and eight (8) feet or less in height) shall be erected or maintained on any Lot excepting only fences enclosing a patio, storage, swimming pool, or similar area provided that such fence shall be permitted only within twenty five (25) feet of the principal building on any Lot, provided however, that in no case shall a fence in excess of four (4) feet high be erected or maintained along or within ten (10) feet of the property lines of any Lot. No fence shall be erected or maintained closer to the street than the building set-back line established by zoning ordinance. -g BK PG2 I 55 7

8 3.8. Swimming Pools No swimming pool shall be constructed, placed or maintained upon any Lot unless such swimming pool shall be constructed such that when the pool has been filled with water, the surface of the water shall be lower that the grade of the soil of the Lot surrounding the pool on all sides thereof, it being the intent that no "above-ground" swimming pools be permitted on any Lot at any time Surface Water Flow After the completion of the construction thereon of a residential dwelling and the establishment of grades for the flow of surface water, the grading of any Lot shall not be changed or modified so as to impede, redirect, accelerate or otherwise change or modify the flow of surface water to, over or from the Lot Signs No signs, billboards, notices, advertising, displays, or other attention attracting devices shall be erected or maintained on any Lot excepting only small signs not exceeding one (1) square foot in size identifying the occupant, address and home occupation, if applicable, and further excepting temporary real estate signs not exceeding eight (8) square feet in size advertising the sale or lease of the property: Antennas No antenna and no exposed electrical or electronic wires or lines shall be erected or maintained on the outside of a structure on any Lot, including without limiting the generality thereof, any television receiving antenna, satellite receiving antenna, radio receiving antenna or radio or television transmitting antenna, excepting only satellite television receiving antennas not exceeding 36" in diameter. Satellite television receiving antennas not exceeding 36" in diameter shall not be erected or maintained closer to the street than the building set-back line established by zoning ordinance and Satellite television receiving antennas not exceeding 36" in diameter shall not be erected nor maintained more than ten (10) feet above ground level. 8

9 3.12. Compliance with Laws No building, appurtenant structure or other improvement shall be constructed, placed or maintained on any Lot nearer to any front, side or rear property line than is permissible, with, if required, variance sought and granted, under the Zoning Code of East Nottingham Township, Chester County, Pennsylvania, as enacted and in force on the date when this Declaration of Restrictions is recorded. Nothing herein shall prevent an Owner from securing a variance under the Zoning Code of East Nottingham Township, Chester County, Pennsylvania and construction pursuant to a grant thereof shall comply with the provisions of this Declaration Exception for Development and Sales Notwithstanding anything in this Declaration to the contrary, nothing herein shall prohibit the use of any portion of the Subject Property, including any Lots or any other portion of the Community, for the development, construction, and sales of the Lots, with or without residential dwellings thereon, andlor the sale of or contracting for construction of residential dwellings and appurtenant structures on the Lots. No prohibition against business use, prohibition against signage, or prohibition against other uses of the Lots or other portions of the Community shall prohibit the Seller of Lots andlor residential dwellings thereon from placing, constructing, installing and maintaining such sales offices, signs, temporary structures and facilities, business activities and similar things and activities as such Seller shall deem appropriate for the purposes of such sales, construction and related activities. BK PG2 l 57 9

10 4. Easements 4.1. Construction Easement and Rights Notwithstanding any provision of this Declaration or of any amendment to this Declaration, so long as the Declarant or successor to or assign of Declarant is engaged in developing or improvingany portion of the Community, there is hereby reserved to Declarant, which Declarant may assign to Declarant's designees; an unlimited blanket easement and a right-of-way for free and uninterrupted right of entry, ingress, egress and regress upon, over, under, through and across the entire Subject Property, including without limitation the right of the Declarant to temporarily trespass upon each and every Lot in the Community for the purposes of completion of construction of any and all portions of the Community of Locksley Glen, storage, movement and use of building and construction materials, equipment and personnel; construction and modification of structures including residential dwelling units, Community Facilities including Storm Water Facilities, vehicle and pedestrian areas and utility services; and grading and regrading, including removal of existing vegetation including trees, all to the extent Declarant shall, in Declarant's sole judgment, deem appropriate or necessary in the development of the Community Easements for Drainage and Utilities A six (6) foot wide easement on and along each side and rear lot line of each Lot is hereby dedicated to be available for any storm water drainage or utility use, provided that where any lot line is eliminated, the easement along said lot line shall be extinguished except as to utilities or storm water drainage use then existing in said easement. Ten (10) foot wide easements on each Lot, on and along each lot line which is also a right-of-way line for any street, is hereby dedicated to be available for any storm water or street drainage or utility use. 10 BK4 It 54 PG2 \ 58

11 5. General Conditions 5.1. No Waiver Failure to enforce any restrictions, covenants or agreements herein contained shall in no event be deemed a waiver of the rights to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto Severability Invalidation of anyone of these covenants or restrictions or portion thereof by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect 5.3. Enforcement Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages. Action of enforcement may be brought by the Declarant, its successors or assigns, or any owner of, or holder of any interest in, any land subject to this Declaration Modification These restrictions and covenants may be changed, altered, modified or extinguished in whole or in part, at any time, by an instrument, in writing, signed by the record owners of sixty percent (60%) of the lots within the Subject Property which shall be recorded in the office of the Recorder of Deeds, Chester County, Pennsylvania. 11 BIZ PG2 \ 59

12 Notwithstanding the foregoing, Declarant, so long as it is the owner of any of the lots within the Community of Locks ley Glen shall have the absolute right to amend this declaration without the joinder of any other owners by executing and recording an amendment in the Office aforesaid, if such amendment is: (a) required by Federal, State, County or local law, ordinance, rule or regulation; or (b) required by any mortgagee of improved lots or dwelling houses in the Community; or (c) required by any tide insurance company issuing tide insurance to owners and/or mortgagees of same; or (d) Required by the Federal Housing Administration, Department of Housing and Urban Development, Veterans Administration, Farmers Home Administration, GNMA or any like public or private institution acquiring, guaranteeing, or insuring mortgages or providing any type of financial assistance, with respect to dwelling units or Lots within the Community. IN WITNESS WHEREOF, the said Locksley Glen Development Corp., a Pennsylvania corporation, has caused its name by Richard H. Dilsheimer its President, to be hereunto set, and the common and corporate seal of said corporation to be hereunto affixed, duly attested by its Secretary the day and year first above written. Secretary 12

13 STATE OF PENNSYLVANIA ) /lkaji6rot'j'lci<.v I COUNTY ) SS. ) BE IT REMEMBERED that on this 13 t ff day of ~v'o;7j iciz-, 19Jf: personally appeared before me, the Subscriber, a Notary Public for the State of Pennsylvania, Richard H. Dilsheimer, President of Locks ley Glen Development Corp., a corporation existing under the laws of the Commonwealth of Pennsylvania, party to this Declaration known to me personally to be such, and acknowledged this Declaration to be his/her act and deed and the act and deed of said corporation, that the signature of the President thereto is in his/her own proper handwriting and the seal affixed is the carnion and corporate seal of said corporation, and that his/her act of sealing, executing and delivering said Indenture was duly authorized by a resolution of the Board of Directors of said corporation. GIVEN under my hand and seal of office, the day and year aforesaid. ~(U-~ NOT ARY PUBL'lC My Commission expires: NOTARIAL SEAL NOTARIAL SEAL SHEILA J. FARRELL. Notary Public Lower Merion Twp. Montgomery County My Commission Expres May ! 13

RECITALS. WHEREAS, the term Lot or Lots, as used herein, shall include all eighteen (18) lots set forth in Kahler Hills Estates Phase III; and

RECITALS. WHEREAS, the term Lot or Lots, as used herein, shall include all eighteen (18) lots set forth in Kahler Hills Estates Phase III; and DECLARATION OF COVENANTS AND RESTRICTIONS APPLICABLE TO THE KAHLER HILLS ESTATES PHASE III SUBDIVISION, LOCATED IN WOLF TOWNSHIP, LYCOMING COUNTY, PENNSYLVANIA THIS DECLARATION OF COVENANTS AND RESTRICTIONS,