Palmyra Township
RESTRICTIONS PERTAINING TO LOTS IN THE ESCAPE
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 or parts of
said premises, and upon their heirs, distributees, executors, administrators,
successors or assigns;
NOW, THEREFORE, THIS DECLARATION WtTNESSETH:
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 of ten (10) years unless 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 purposes of one private single
family residence and users customarily incidental thereto. No building shall be
erected on any one lot except one private single family house and garage
appurtenant thereto, and no such garage may be erected simultaneously with or
subsequent to the erection of the residence. No building or structure shall be
erected within twenty-five (25) feet of any of the front or rear lines of said lot, or
within ten feet of the sidelines of said lot. As to all lots, the minimum distance from
the side building line to side property line shall be no less than ten (10) feet. Every
structure, or addition thereto, shall be built upon a masonry foundation; and no
structure shall be erected or placed on said lot unless built of solid permanent
materials. No structures shall have tar paper, roll brick siding or similar materials on
the outside walls. Outside materials .for Ditched roofs shall be asphalt shingles 'or
their' 'eqilaH' No outdoor-television antennas shall be erected pr maintained on the
property which are more than-ter* (1QJ feet 'high. ;A11 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 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. Ho sign of any
description, including but not limited to a sign for lease or sale may be erected or
placed on any portion of the land or building. No tent, trailer or outbuilding shall ever
be erected or maintained on the lot and no garage or outbuilding shall at any time
be used as a temporary or permanent residence; Any structure constructed on said
lot shall be completed within one (1) year of the date of commencement of
construction thereof and shall contain not less than one thousand (1,000) square
feet of floor space, exclusive of porches and garage, or such minimum square feet
as any municipal or governmental body having jurisdiction thereof shall specify,
whichever is greater.
2. The land shall be used for residential purposes only, except for lots one (1)
through and including twelve (12), which are hereby designated by
Declarant for business, recreational or commercial purposes" further including but
not limited to use as a beach, marina, parking or other facilities to service the
foregoing No restrictions shall apply to said lots one (1). through and including
twelve (12), provided Declarant reserves the right nevertheless, to hereafter
designate any or all of lots one (1) through and including twelve (12) a/a residential
lot in which event the provisions of this Declaration shall apply to each such lot so
designated as a residential lot.
3. No animals shall be kept or maintained on the premises, except customary
household pets!
4. 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
5. 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 aiid 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 appurtenances 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 La 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 claims 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 by
land owner. No dedication 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 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.
6. No nuisance or anything obnoxious or detri¬mental 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 .catted
;a,way.periodically.. At no time'shall -any unlicensed vehicles, equipment,
appliances, merchandise, construc¬tion materials 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.
7. 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.
8. Lot owner, by recording of the deed to his lot or lots, also agrees that when he
erects on his lot or lots a dwelling house 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
water and sewage as Declarant, its assignee or designee may from time to time
prescribe and charge each lot owner who has erected a house.
9. Lot owner, by recording of the deed to his lot or lots, shall thereupon become a
member 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.
10. The Declarant will not be liable for any of the fees, assessments, or charges
set forth, authorized or referred to m paragraphs seven (7), eight (8) and nine (9).
11. Declarant reserves the right to vest maintenance and control of the streets,
roadways-and amenities/,mcludiiig 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.
12. 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 bt owner, which fence is more than four (4) feet high.
13. 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.
14. Failure to enforce any restriction, condition, covenant or agreement herein
contained shall in no event be deemed a waiver of a right to do so thereafter as to
the same breach or as to one occurring prior 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.
15. 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.
16. Enforcement of the "provisions of this declaration shall be by proceedings at
law or in equity to recover damages-or to restrain any violation against any person
or jfersons violating or atfelmpting to violate3"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.
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