GREEN TOWNSHIP
RESTRICTIONS PERTAINING TO
LOTS IN THE ESCAPE MANUFACTURED HOMES
THIS DECLARATION, made the 15th day of November, 1985, by The Escape,
Inc., a Pennsylvania Corporation having its principal office at RD 2, Box 363,
Greentown, Pennsylvania, 18426.
WITNESSETH:
WHEREAS, the above-named Declarant is the owner of the real property
described on Schedule "A" annexed hereto;
WHEREAS, the said Declarant is desirous of placing certain restrictions as
hereinafter set forth, upon the aforesaid premises which shall be binding upon
all purchasers, owners and mortgagees of individual lots and ..of any part of
parts -of .said premises, and upon, their heirs, distributees, executors,
administrators, successors or assigns;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the aforesaid Declarant for the benefit of itself, its successors and
assigns, and in consideration of the premises, and for the purpose of carrying
out the intentions above expressed, does'hereby make known, publish, declare,
covenant and agree that all those lots and parcels of land hereinbefore set forth
shall hereafter be subject to the following covenants, restrictions, ease¬ments,
reservations, charges and conditions, which shall be taken to be real covenants
running with the land, and binding upon all purchasers and owners and
mortgagees thereof, and/or any portion of said premises, their heirs,
distributees, executors, administrators, successors and assigns.
These covenants, restrictions, easements, reserva¬tions, charges and
conditions are to run with the land and shall continue in full force and effect until
December 31, 2025. at which time the same shall automatically be extended for
successive periods often (10) years unless the Declarant shall convey in writing
to the land owners that it does not consent to the continuation of the provisions
of this instrument.
1. The land hereby conveyed shall be used for the purpose of one private,
single-family mobile home and uses customarily incidental thereto. No building
shall be erected on any one lot except one private single-family mobile home.
Each mobile home shall contain at least six hundred (600) square feet of floor
space and be no less than ten (10) feet wide, exclusive of porches. The exterior
of each mobile home shall be in primary earth tone colors and have a brown
roof. Any mobile home placed upon a lot shall be placed upon a pad and be
fully skirted within four (4) months of being placed on the lot. Each mobile home
placed upon a lot shall be no more than two (2) years old. All structures must
comply with government laws and regulations and if any restrictions or
conditions herein do not comply therewith, it shall not be construed as waiver by
Declarant, its successors or assigns; of compliance'with such -laws-.and
regulations'. No privies or outside toilet facilities shall be constructed or
maintained on any lot. Regulations and, if.any, restrictions or conditions herein
do not comply therewith, it'shall..not be construed as a waiver by' Declarant, its
successors or assigns, of compliance with such laws and regulations. No privies
or outside toilet facilities shall be constructed or maintained on any lot.
2. No animals shall be kept or maintained on the premises, except customary
household pets.
3. No loaded guns are to be kept or carried on
premises by any person except security guards or persons
granted permission to carry guns by a governmental
agency. -
4. Declarant, for itself, its successors, or assigns, hereby reserves the right
without further consent or permit from land owner, to itself or to any public utility
company, municipality, gas, television or water company, to grant the right to
erect and lay or cause to permit to be erected, laid, maintained, removed or
repaired in, on, over or under all roads, streets, avenues or ways on which a lot
abuts.electric light, telephone, television and telegraph poles,wires and
conduits, water, sewer and gas pipes and conduits, catch basins,
surface drains and such other customary or usual apurtenances as may
from time to time in the opinion of any public utility company,gas,
television, water company.(or the Declarant, its successors
or assigns acting in any of the foregoing capacities) or municipality,
maintaining such facilities at the premises be deemed necessary or useful
in connection with the beneficial use of the property to be conveyed by
the
Declarant, its successors, or assigns, or of said roads, streets, avenues and
ways, and only in and on the rear fifteen (15) feet of each said lot, except for
lines, pipes, wires or conduits therefrom to improvements on land owners
premises, when necessary to effectuate any of the foregoing purposes, and all
claimes for damages, if any,arising out of the construction, maintenance and
repair thereof, or arising out of temporary or other inconvenience caused
thereby, by Declarant, its successors or assigns, or by any public utility,
electric, television, gas or water company or any municipality or any of its
agents or servants- are hereby-waived-tjy land o.wner. No dedic^t^on; to
public use of roads, -alleys, ways or beaches is intended hereby. The lots,
ways or alleys referred to are deemed to include those, either 'developed or to
be developed and that are owned by'Declarant, its successors or assigns.
Declarant reserves title to all roads, streets and alleys and reserves the right to
dedicate roads, such streets and alleys to the municipality for use of the
public. Nothing herein contained shall constitute a waiver by. a land owner
for compensation, if any, which may be due in connection with the flooding, if
any, of any portion of land owner's property.
5. No nuisance or anything obnoxious or detrimen¬tal to adjoining or adjacent
property shall be maintained on any part of the property. This lot shall be kept
and maintained in a clean, sightly and sanitary condition: all garbage, trash and
refuse shall be kept in sanitary and reasonably attractive containers and taken
or carried away periodically. At no time shall any unlicensed vehicles,
equipment, appliances, merchandise, construction mate¬rials and other
materials and goods of any nature whatsoever, other than those normally
incident to private residential use, be stored outside of an enclosed building so
as to present an unsightly appearance and detract from the beauty of the
community. If the lot, in the opinion of the Declarant or its agent, is untidy or
unsightly or constitutes a fire hazard, Declarant may clear or tidy the lot or cure
or remove the fire hazard and charge reasonable costs of such work to the lot
owners.
•
6. Lot owner, by recording of the deed to his lot or lots, promises to pay; (1)
such reasonable annual fees or dues as the Declarant may charge for the
maintenance and/or use of amenities; (2) such reasonable annual fee or
assessment as the Declarant may charge for the repair and maintenance of the
streets and roads, including snow removal; (3) such reasonable annual fee as
the Declarant may charge for garbage and trash removal to be provided by
Declarant and which service each lot owner agrees to use.
7. Lot owner, by recording of the deed to his lot or lots also agrees that when
he places on his lot or lots a mobile home he will, at his expense, install the
necessary pipes and plumbing and will use the. central water source and
central sewage source made-available to each lot by the Declarant or its
assignee or designee and said lot owner agrees he will pay such reasonable
annual charges for waiter and sewajge as Dedarant, .its assignee or design ee
may from time to time prescribe and charge each lot owner who have erected a
house.
8. Lot owner,by recording of the deed to his lot or lots shall thereupon become
members of The Escape Property Owners Association, Inc., and said lot owner
agrees to comply with the By-Laws of The Escape Property Owners
Association, Inc., and pay any fees or dues that the By-Laws prescribe.
9. The Declarant will not be liable for any of the fees, assessments, or charges
set forth, authorized or referred to in paragraphs seven (7), eight (8) and nine
(9).
10. Declarant reserves the right to vest mainte¬nance and control of the
streets, roadways and amenities, including the ability ,to collect fees and
assessments, in The Escape Property Owners Association, inc. or any other
group, company or corporation designated by the Declarant. .
11. Except for business, recreational or commercial buildings or uses, or for
safety purposes to protect or secure any facility or utility having common use or
road or line, conduit, pipe or wire or with regard to a. fence erected by
Declarant on any or all of the perimeter of the premises described in Schedule
"A" hereto or as required by any utility or governmental agency or municipality
serving or having jurisdiction over the premises, no fence may be constructed,
erected or maintained on the property of any lot owner, which fence is more
than four (4) feet high.
12. If the premises abuts or borders on any canal or body of water, the land
conveyed shall not include any of the land which is normally flowed on or
covered by said waters and it is not intended that the deed evidencing such
conveyance shall include any riparian rights in and to said waters, or the
shoreline below the mean high water line; and no piers, docks or mooring
facilities shall be Installed, erected or maintained until the plans and
specifications for same have been approved in writing by Declarant.
13. "Failure to enjtorce any restrictiont condition, covenant or agreement herein
contained shall in no event be deemed a waiver of a rigbt to do so thereafter a.
s .to the same breach or as to. one occurring jpriar or subsequent-thereto.
Invalidation of any one or more of all these covenants, or part thereof, by Court
judgment or order, shall in no wise affect any of the other provisions, or part
thereof, which shall remain in full force and effect and any written approval by
Declarant of any act shall be subject to any Municipal, County, State or Federal
laws, rules or regulations.
14. The finished grade of the lot after construction shall be such as to conform
with the drainage prepared by the Declarant, 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 purchaser or
owner shall not interfere with or alter in any way the drainage plan.
15. Enforcement of the provisions of this declara¬tion shall be by proceedings
at law or in equity to recover damages or to restrain any violation against any
person or persons violating or attempting to violate any provision.
This declaration shall be binding upon the Declarant, its successors and
assigns, and shall be binding upon the purchasers, owners and mortgagees of
individual lots and of any part or parts of said premises, and upon their heirs,
distributees, executors, administrators, successors and assigns and shall run
with the land.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be duly
executed the day and year first above written.
THE ESCAPE, INC.
RESTRICTIONS PERTAINING TO
LOTS IN THE ESCAPE MANUFACTURED HOMES
THIS DECLARATION, made the 15th day of November, 1985, by The Escape,
Inc., a Pennsylvania Corporation having its principal office at RD 2, Box 363,
Greentown, Pennsylvania, 18426.
WITNESSETH:
WHEREAS, the above-named Declarant is the owner of the real property
described on Schedule "A" annexed hereto;
WHEREAS, the said Declarant is desirous of placing certain restrictions as
hereinafter set forth, upon the aforesaid premises which shall be binding upon
all purchasers, owners and mortgagees of individual lots and ..of any part of
parts -of .said premises, and upon, their heirs, distributees, executors,
administrators, successors or assigns;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the aforesaid Declarant for the benefit of itself, its successors and
assigns, and in consideration of the premises, and for the purpose of carrying
out the intentions above expressed, does'hereby make known, publish, declare,
covenant and agree that all those lots and parcels of land hereinbefore set forth
shall hereafter be subject to the following covenants, restrictions, ease¬ments,
reservations, charges and conditions, which shall be taken to be real covenants
running with the land, and binding upon all purchasers and owners and
mortgagees thereof, and/or any portion of said premises, their heirs,
distributees, executors, administrators, successors and assigns.
These covenants, restrictions, easements, reserva¬tions, charges and
conditions are to run with the land and shall continue in full force and effect until
December 31, 2025. at which time the same shall automatically be extended for
successive periods often (10) years unless the Declarant shall convey in writing
to the land owners that it does not consent to the continuation of the provisions
of this instrument.
1. The land hereby conveyed shall be used for the purpose of one private,
single-family mobile home and uses customarily incidental thereto. No building
shall be erected on any one lot except one private single-family mobile home.
Each mobile home shall contain at least six hundred (600) square feet of floor
space and be no less than ten (10) feet wide, exclusive of porches. The exterior
of each mobile home shall be in primary earth tone colors and have a brown
roof. Any mobile home placed upon a lot shall be placed upon a pad and be
fully skirted within four (4) months of being placed on the lot. Each mobile home
placed upon a lot shall be no more than two (2) years old. All structures must
comply with government laws and regulations and if any restrictions or
conditions herein do not comply therewith, it shall not be construed as waiver by
Declarant, its successors or assigns; of compliance'with such -laws-.and
regulations'. No privies or outside toilet facilities shall be constructed or
maintained on any lot. Regulations and, if.any, restrictions or conditions herein
do not comply therewith, it'shall..not be construed as a waiver by' Declarant, its
successors or assigns, of compliance with such laws and regulations. No privies
or outside toilet facilities shall be constructed or maintained on any lot.
2. No animals shall be kept or maintained on the premises, except customary
household pets.
3. No loaded guns are to be kept or carried on
premises by any person except security guards or persons
granted permission to carry guns by a governmental
agency. -
4. Declarant, for itself, its successors, or assigns, hereby reserves the right
without further consent or permit from land owner, to itself or to any public utility
company, municipality, gas, television or water company, to grant the right to
erect and lay or cause to permit to be erected, laid, maintained, removed or
repaired in, on, over or under all roads, streets, avenues or ways on which a lot
abuts.electric light, telephone, television and telegraph poles,wires and
conduits, water, sewer and gas pipes and conduits, catch basins,
surface drains and such other customary or usual apurtenances as may
from time to time in the opinion of any public utility company,gas,
television, water company.(or the Declarant, its successors
or assigns acting in any of the foregoing capacities) or municipality,
maintaining such facilities at the premises be deemed necessary or useful
in connection with the beneficial use of the property to be conveyed by
the
Declarant, its successors, or assigns, or of said roads, streets, avenues and
ways, and only in and on the rear fifteen (15) feet of each said lot, except for
lines, pipes, wires or conduits therefrom to improvements on land owners
premises, when necessary to effectuate any of the foregoing purposes, and all
claimes for damages, if any,arising out of the construction, maintenance and
repair thereof, or arising out of temporary or other inconvenience caused
thereby, by Declarant, its successors or assigns, or by any public utility,
electric, television, gas or water company or any municipality or any of its
agents or servants- are hereby-waived-tjy land o.wner. No dedic^t^on; to
public use of roads, -alleys, ways or beaches is intended hereby. The lots,
ways or alleys referred to are deemed to include those, either 'developed or to
be developed and that are owned by'Declarant, its successors or assigns.
Declarant reserves title to all roads, streets and alleys and reserves the right to
dedicate roads, such streets and alleys to the municipality for use of the
public. Nothing herein contained shall constitute a waiver by. a land owner
for compensation, if any, which may be due in connection with the flooding, if
any, of any portion of land owner's property.
5. No nuisance or anything obnoxious or detrimen¬tal to adjoining or adjacent
property shall be maintained on any part of the property. This lot shall be kept
and maintained in a clean, sightly and sanitary condition: all garbage, trash and
refuse shall be kept in sanitary and reasonably attractive containers and taken
or carried away periodically. At no time shall any unlicensed vehicles,
equipment, appliances, merchandise, construction mate¬rials and other
materials and goods of any nature whatsoever, other than those normally
incident to private residential use, be stored outside of an enclosed building so
as to present an unsightly appearance and detract from the beauty of the
community. If the lot, in the opinion of the Declarant or its agent, is untidy or
unsightly or constitutes a fire hazard, Declarant may clear or tidy the lot or cure
or remove the fire hazard and charge reasonable costs of such work to the lot
owners.
•
6. Lot owner, by recording of the deed to his lot or lots, promises to pay; (1)
such reasonable annual fees or dues as the Declarant may charge for the
maintenance and/or use of amenities; (2) such reasonable annual fee or
assessment as the Declarant may charge for the repair and maintenance of the
streets and roads, including snow removal; (3) such reasonable annual fee as
the Declarant may charge for garbage and trash removal to be provided by
Declarant and which service each lot owner agrees to use.
7. Lot owner, by recording of the deed to his lot or lots also agrees that when
he places on his lot or lots a mobile home he will, at his expense, install the
necessary pipes and plumbing and will use the. central water source and
central sewage source made-available to each lot by the Declarant or its
assignee or designee and said lot owner agrees he will pay such reasonable
annual charges for waiter and sewajge as Dedarant, .its assignee or design ee
may from time to time prescribe and charge each lot owner who have erected a
house.
8. Lot owner,by recording of the deed to his lot or lots shall thereupon become
members of The Escape Property Owners Association, Inc., and said lot owner
agrees to comply with the By-Laws of The Escape Property Owners
Association, Inc., and pay any fees or dues that the By-Laws prescribe.
9. The Declarant will not be liable for any of the fees, assessments, or charges
set forth, authorized or referred to in paragraphs seven (7), eight (8) and nine
(9).
10. Declarant reserves the right to vest mainte¬nance and control of the
streets, roadways and amenities, including the ability ,to collect fees and
assessments, in The Escape Property Owners Association, inc. or any other
group, company or corporation designated by the Declarant. .
11. Except for business, recreational or commercial buildings or uses, or for
safety purposes to protect or secure any facility or utility having common use or
road or line, conduit, pipe or wire or with regard to a. fence erected by
Declarant on any or all of the perimeter of the premises described in Schedule
"A" hereto or as required by any utility or governmental agency or municipality
serving or having jurisdiction over the premises, no fence may be constructed,
erected or maintained on the property of any lot owner, which fence is more
than four (4) feet high.
12. If the premises abuts or borders on any canal or body of water, the land
conveyed shall not include any of the land which is normally flowed on or
covered by said waters and it is not intended that the deed evidencing such
conveyance shall include any riparian rights in and to said waters, or the
shoreline below the mean high water line; and no piers, docks or mooring
facilities shall be Installed, erected or maintained until the plans and
specifications for same have been approved in writing by Declarant.
13. "Failure to enjtorce any restrictiont condition, covenant or agreement herein
contained shall in no event be deemed a waiver of a rigbt to do so thereafter a.
s .to the same breach or as to. one occurring jpriar or subsequent-thereto.
Invalidation of any one or more of all these covenants, or part thereof, by Court
judgment or order, shall in no wise affect any of the other provisions, or part
thereof, which shall remain in full force and effect and any written approval by
Declarant of any act shall be subject to any Municipal, County, State or Federal
laws, rules or regulations.
14. The finished grade of the lot after construction shall be such as to conform
with the drainage prepared by the Declarant, 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 purchaser or
owner shall not interfere with or alter in any way the drainage plan.
15. Enforcement of the provisions of this declara¬tion shall be by proceedings
at law or in equity to recover damages or to restrain any violation against any
person or persons violating or attempting to violate any provision.
This declaration shall be binding upon the Declarant, its successors and
assigns, and shall be binding upon the purchasers, owners and mortgagees of
individual lots and of any part or parts of said premises, and upon their heirs,
distributees, executors, administrators, successors and assigns and shall run
with the land.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be duly
executed the day and year first above written.
THE ESCAPE, INC.
