SCHEDULE"A"'

 

SCHEDULE OF PROTECTIVE RESTRICTIONS TO BE INCLUDED IN DEED

 

In these restrictions the following words shall have the following meanings:

SELLER - "Seller" means the vendor, seller, grantor, or transferor named in the annexed document, and includes the successors and assigns of the Seller;

 

PURCHASER - "Purchaser" herein means the purchaser, buyer, grantee or transferee named in the annexed document, and includes the heirs, executors, administrators, successors, and assigns of the Purchaser;

 

LOT - "Lot" means the promises referred to in the annexed document, and if used for the erection of more than one private dwelling house, shall, where the context so requires, mean that portion of the premises upon which the erection of one private dwelling is permitted by these restrictions.

 

1.  These restrictions shall run with the land and shall be in force and effect for a period of forty (40 years from June 1, 1963.

 

2.  No building shall be erected on the Lot other than one private detached dwelling house, such dwelling house to be suitable for the use of, and to be used by a single family only, with one private garage and/or heliport attached to or detached from the dwelling house and suitable only for the use (of the occupants of such dwelling house).

 

3.  Before commencing construction of any improvements on the Lot, and before commencing any alterations or additions thereto, the Purchaser shall obtain the Seller's approval in writing of the plans and location of such improvement and the sewage system, and the construction or installation of and such improvements shall be carried out in strict conformity with such approved plans. A building permit fee of $1 00 shall be paid to the Seller by the Purchaser at the time of approval of plans for and dwelling to be erected on the Lot; and the Seller agrees that such approval shall not be unreasonably withheld.

 

4.  The finished grade of the Lot after construction shall be such as to conform with the drainage plan prepared by the Seller, and all drainage swales or ditches required by the aforesaid drainage plan shall be kept free and clear of spoil, debris or other material any landscaping carried out by the Purchase shall not interfere with or later in any way the drainage plan.

 

5.       No building erected on the Lot shall be used for the purpose of any profession, trade,

employment, manufacture or business of any description, or as a school, hospital or other charitable institution, nor as a funeral home or crematorium or anything in the nature thereof, nor as a hotel, apartment house, duplex, rooming house or place of public resort, nor for any sport or game other than such games as are customarily played in connection with the occupation of a private residence, nor for any purpose other than that of a private residence for the use of one family only and garage and/or heliport for the use of the occupants thereof, nor shall the Lot without a building be so used, nor shall anything be done on the Lot or in any building thereon which may be an annoyance or nuisance to the occupiers of neighboring lands. Provided that nothing herein contained shall be deemed to prevent one duly qualified medical practitioner from practicing in any such private dwelling house where he resides, but this shall not be construed to permit any such practitioner or any other person to use private dwelling house as a sanitarium, hospital, nursing home or anything in the nature thereof. No sign shall be displayed on the Lot and/or any improvements thereon offering the same or other property for sale or lease or otherwise without the prior consent of the Seller.

 

 

 

6.       No trailer, tent, barn, outbuilding, shack or other temporary building shall be erected on the Lot

and no basement or garage shall at any time be used as a residence either temporarily or permanently and no house shall be occupied prior to completion except with the prior consent of the seller.

 

7.       A sewage disposal system shall be installed of a standard and design and in a location approved

by the Seller and such system shall comply with the requirements of all local and state sanitary codes.  The effluent from such disposal system shall not be permitted to discharge into any storm water sewer, open ditch, drain, stream, pond or lake but shall be disposed of in such manner as may be approved by the Seller.  And further, no sewage disposal system or seepage pit, draining field, etc., shall be located within sixty (60) feet of the high water mar of any lake, pond or stream.

 

8.       No outhouse, privy, or chemical toilet shall be erected or installed on the said lot.

 

9.       So long as the streets, roadways and rights of way existing within the development remain

private, and unless and until same are specifically dedicated by deed recorded in the Clerk’s office in the Pike County Courthouse, which right to so dedicate the Seller hereby reserves, the Seller reserves the right to vest maintenance and control of the said streets, roadways and right of way or some of them in the Hemlock Farms Community Association or in any other group, company or corporation designated by the Seller.

 

10.   The Purchaser agrees to join the Hemlock Farms Community Association, the only qualification

for election to membership being owner ship or prospective ownership, of a Lot or Lots or acreage within the development, and to maintain such membership, and pay (i) 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 beach and other recreational facilities, and (iv) fire service fee of $18.00 per year in respect of each and every Lot owned by the Purchaser on which a house has not been erected.  The Purchaser acknowledges that the water distribution system is now owned and operated by Consolidated Utilities Corporation and that by agreement between Hemlock Farms Community Association and Consolidated Utilities Corporation and in consideration of the water mains and hydrants serving unimproved Lots, Hemlock Farms Community Association has agreed to pay Consolidated Utilities Corporation a fire service fee of $18.00 per year in respect of each and every Lot owned by a member of said Association on which a house has not been erected.  It being understood that the Seller, being a member of the Association by virtue of the lands owned by the Seller, will not be liable for such annual fees or dues, assessment, and charges.  Purchaser hereby agrees to require as a condition precedent to the sale of Lots that any purchaser shall join the Hemlock Farms Community Association.

 

11.   The Purchaser shall cut dead and/or fallen trees or branches on the Lot and cause the removal of

same  when it constitutes a fire hazard.  The Purchaser shall maintain the Lot in neat condition, and if after July 1^st in any year the Lot in the opinion of the Seller or its agent is untidy or unsightly, Seller may, after thirty (30) days’ written notice to Purchaser, clear or tidy the Lot and charge reasonable costs of such work to the Purchaser.

 

12.   No building shall be erected closer to the side line of the Lot than the greater of (i) 7’ or (ii) 10%

of the Lot width measured at a point 35’ from the front line of the Lot; nor shall any building be erected closer than 25’ from the street line, provided that in the case of a corner Lot, no building shall be closer than 15’ to the street abutting the long side of such Lot.  In the event that any boundary line of the Lot abuts the Lords Valley Country Club Golf Course no building shall be erected closer than 30’ from such boundary, notwithstanding anything to the contrary.  No building shall be erected at a point on a site without has an elevation less than 4’ higher than the elevation of the spillway on the lake on which the Lot is situated, except where superseded by Federal, State or local ordinances or requirements.

 

 

 

 

 

*13.Easements for the installation and maintenance of utilities and for drainage purposes are reserved over the 10 feet of each lot parallel and adjacent to any street, road, or right of way and over 5 feet parallel and adjacent to any lot line not coincident with the boundary of a street, road or right of way.

 

14.   No animals shall be stabled or pastured, nor shall domestic animals or fowl be bred and raised

for commercial purposes on the Lot.

 

15.   The Seller reserves for itself, its successors, assigns, agents and nominees the right to install,

erect, construct, maintain, repair and replace:  wires on poles, guys and supports attached thereto, conduits for electricity, telephone lines, T-V aerial service wires, water pipes and lines, sewer pipes and lines, and gas pipes or lines in, on or over the Lot and the adjacent roadways and right of way.  The Seller agrees to so locate such lines as to not unreasonably interfere with the use of the Lot by the Purchaser.

 

16.   The Seller may designate the Hemlock Farms Community Association as agents of the Seller for

the purpose of carrying out all or part of the authority vested in the Seller by these restrictions.

 

 

The terms, provisos and powers of and under this agreement shall be binding on and

exercisable by the respective heirs executors, administrators, successors and assigns of the Seller and the Purchaser, except that the Purchaser may not assign this agreement without the written consent of the Seller, which consent shall not be unreasonable withheld.  Formal tender of deed and balance of purchase price is hereby waived.

 

*Paragraph number 13 is not a part of Schedule “A” used for the Falling Brook are properties.