DECLARATION OF RESERVATIONS, CONDITIONS AND GRANTS AFFECTING LAND SITUATED IN THE TOWN OF HIGHLAND,COUNTY OF SULLIVAN AND STATE OF NEW YORK AND IDENTIFIED AS“TIMBER ESTATES”
THIS DECLARATION, dated the 30th day of June, 1987, made by GIBSON E. McKEAN, residing at Box 54, Highland Lake, New York,
WITNESSETH:
WHEREAS, GIBSON E. McKEAN is seized of a certain tract of land in the Town of Highland, County of Sullivan,State of New York and which is described on a certain map entitled "Timber Estates", which map was approved by the Town of Highland Planning Board on February 16. 1984, and filed in the Sullivan County Clerk's Office on March 15, 1984, as Map #1094, and which shall hereafter be designated as "Timber Estates" and
WHEREAS, GIBSON E. McKEAN is desirous of granting a roadway easement to the grantees of "Timber Estates";
NOW THEREFORE;
In consideration of the foregoing premises, and in consideration of the purchase of lots and/or parcels of land,
GIBSON E. McKEAN declares that the covenants, conditions and restrictions set forth in an attached "Schedule A", which is specifically made a part of this declaration, shall bind the land described as "Timber Estates", as same may come to be owned by the grantees, their heirs, successors and assigns, and shall be covenants running with title to the land, and shall be binding upon the grantees, their heirs, successors and assigns.
GIBSON E. McKEAN further declares that the grantees, their heirs, successors and assigns shall have the right, in common with others so entitled, to use the roadways shown on the filed map of "Timber Estates".
IN WITNESS WHEREOF, GIBSON E. McKEAN has signed this declaration the 30th day of June, 1987.
GIBSON E. McKEAN STATE OF NEW YORK COUNTY OF SULLIVAN SS:
On the 30th day of June, 1987, before me personally came GIBSON E. McKEAN, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same,
N0TARY PUBLIC
"SCHEDULE A" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TIMBER ESTATES
In order to preserve the natural beauty of the land and to assure that all construction is in harmony with the other existing and proposed improvements, the following covenants, conditions and restrictions shall bind the land described as "Timber Estates", Town of Highland, Sullivan County, New York, as same may come to be owned by grantees, their heirs, successors and assigns and shall be covenants running with title to the land, and shall be binding upon the grantees, their heirs, successors and assigns. The grantor, in his sole discretion, reserves the right to impose or not to impose any or all covenants, conditions or restrictions on any future Section of "Timber Estates" and no doctrine of equitable imposition shall apply to give effect to these covenants, conditions and restrictions on future Sections unless they are specifically imposed in whole or in part.
1. No structure shall be erected on any lot other than one private dwelling house, such dwelling house to be suitable for the use of, and to be used by a single family only, with one private one to four car garage attached to or detached from the dwelling house and to be used only by the occupants of such dwelling house.
2. No lot shall be sub-divided, conveyed or transferred apart from the whole thereof; provided however, that if more than one lot is conveyed, the each individual lot may be separately conveyed or transferred in its entirety.
3. Before commencing construction of any improvement on the parcel herein conveyed and before commencing any alterations or additions thereto, the owner shall obtain the approval of grantor, in writing, of the plan and location of such improvement and the sewage system, and the construction or installation of any such improvement shall be carried out in strict conformity with such approved plans. The owner will submit detailed plans in duplicate to grantor or grantor's designated licensed architect or engineer and the permit will be endorsed on one set of such plans and returned to the owner, the other set of such plans being retained by grantor. The owner must, at his own expense, obtain any necessary building permit and/or Certificate of Occupancy from the appropriate municipal sources. A building review fee of $100 shall be paid to grantor by the owner at the time of approval of the plans for any dwelling to be erected on any tract. Grantor agrees that his approval hereunder shall not be unreasonably withheld, except that disapproval of plans or specifications may be based on purely aesthetic grounds. In addition to all other legal remedies available to grantor, in order to ensure compliance with all “Schedule A” conditions and restrictions regarding the clearing of land and building, before commencing clearing or building, owners shall post to grantor a surety bond of $5000.00 refundable after completion of construction and verification of said compliance by grantor. This surety bond shall be forfeited if the grantor finds that the owner is in violation of said restrictions.
4. The finished grade of any parcel after construction shall be such as to conform with any drainage plan prepared by grantor, and all drainage swales or ditches required by the aforesaid drainage plan shall be kept free and clear of spoil, debris or other material by the owner and any landscaping carried out by the owner shall not interfere with or alter in any way the drainage plan.
5. No structure erected on any lotshall be used for any purpose other than that of a private residence for the use of one family only and garage for the use of the occupants thereof. Nothing shall be done on any parcel or in any structure thereon which may be an annoyance or nuisance to the owners or occupants of neighboring lands.
6. No trailer, mobile homes, tent, recreational vehicle or other temporary or transportable structure shall be erected on any lot and no basement or garage shall at any time be used as a residence either temporarily or permanently. No house shall be occupied prior to completion .
7. No outhouse, privy or chemical toilet shall be erected or installed on any parcel.
8. No trees in excess of 4" caliper or any shrubbery may be removed within the area between any building set back lines and the exterior property lines of any tract except after having first obtained approval in writing from grantor.
9. The owner shall cut dead and/or fallen trees or branches on the tract and cause the removal of same. The owner shall maintain the lot in a neat condition. If the tract in the opinion of the grantor is untidy or unsightly or constitutes a fire hazard, the grantor may clear or tidy the tract or cure and remove the fire hazard and charge reasonable costs of such work to the owner. The owner is prohibited from erecting any fences other than such as are approved in writing by grantor.
10. Every parcel shall be kept in a sanitary condition. All garbage and refuse shall be immediately taken or carried away. Dumping of garbage or refuse on other lands of the grantor (or in the lake) is prohibited.
11. The storage of any appliances, junk, furniture or vehicles not in running condition outside of any permanent structure is prohibited.
12. No flammable materials of any nature whatsoever shall be burned on any tract or part thereof except that the owner may burn picnic fires in any permanent outdoor fireplace provided the plans for the location and construction of such fireplace have been first approved in writing by grantor.
13. No owner shall clear any lot or part thereof of brush, trees or anything else of a flammable nature and dispose of the same by burning.
14. Unless otherwise provided in writing by grantor, no part of any structure shall be erected closer than 50 feet to any side line of any lot, or Interior lot line, nor closer than 100 feet to the property line(s) adjoining the street(s) on which the lot abuts. In the event that any boundary line of the lot adjoins any lake or pond, no part of any structure shall be erected closer than 100 feet from such lake or pond,
15. The parcel or any building thereon erected, or any part thereof, shall not be used or occupied as a club, profit or non profit, or for the carrying on of any trade.
16. The parcel or any building thereon erected, or any part thereof, shall not be used or occupied for the distillation or
brewing, manufacturing or sale of any malt, vinous, spirituous or intoxicating liquor of any kind.
17. No poultry, cattle or any livestock whatsoever, shall be kept or bred or raised upon the tract or in any building thereon erected, or any part thereof.
18. Oil or gas wells shall not be drilled on any parcel or on any part thereof.
19. No more than two domestic animals may be kept or maintained and none whatsoever may be bred, or raised on the parcel or in any building thereon erected, or any part thereof. The raising, breeding, stabling or pasturing of poultry, livestock, horses and farm animals shall not be permitted; nor shall domestic animals or fowl be bred and/or raised for commercial purposes.
20. All signs are prohibited except for the use of (1} sign not larger than five (5) inches by twenty (20) inches in size, to designate the homeowner's name.
21. No excavation shall be made on any tract except for the purpose of building thereon and not until the time when building operations are commenced. No earth or sand shall be removed from the said premises except as part of the said excavation. Once building operations are commenced the exterior shall be completed within six (6) months from the date of the commencement of the building operations unless extended by grantor upon a showing of good cause.
22. All persons using the roads and other common use facilities in the development of which the lot or lots herein conveyed are a part do so at their own risk and responsibility; and the grantor, his successors and assigns, shall in no way be held liable for any accidents, damage or other costs arising from or in the course of using such roads or other common use facilities, and the grantees
herein, their heirs and assigns, will indemnify and hold harmless the grantor, his successors and assigns, from any and all claims, losses, damages or injuries growing out of such exercise.
23. In relation to lots fronting on Timber Lake, the grantees herein, their heirs and assigns, shall have the right and privilege to use the waters of Timber Lake, at their own risk, for boating, swimming and fishing, in common, however, with the grantor and any other having a right to use the waters of said lake for the aforesaid purposes. Private boat docks may be erected by grantees of waterfront parcels, but such private boat docks must be of the "floating or pontoon" type and may not extend farther than 20 feet from the shoreline of Timber Lake.
24. Use of the waters of Timber Lake shall be limited to swimming, skating, fishing and boating. Boating shall be limited to craft of wind, manual or small electric (for fishing purposes) power. No petroleum powered craft shall be permitted. The grantor reserves unto himself, his successors and assigns, the right and privilege to make all reasonable rules and regulations in connection with the use and control of Timber Lake.
25. Road and common property maintenance and improvement charges or fees shall be shared equally by all grantees owning a lot in Timber Estates. The owner of multiple lots shall pay the pro rata share for each lot. The grantees shall pay to the grantor a minimum fee of $400.00 per annum as a road and common property maintenance and improvement charge regardless of the amount of usage by the grantee. The use of said road(s) by the grantee and his guests or invitees, shall be at their own risk and in accordance with reasonable rules and regulations established by the grantor. Grantor reserves unto himself the option to transfer ownership of the road(s) at no cost to a Homeowners Association of Timber Estates, along with the right to collect the annual road and common property maintenance and improvement fee. Said homeowners association of lot owners may encompass the owners of more parcels and lots than are set forth on the map of Timber Estates. Grantor, his successors and assigns, also reserves the option to convey and dedicate said road(s) to the local municipality.
26, Grantor, reserves unto himself, his successors and assigns, the exclusive right to dedicate roads described herein to public or private use without the jointure, release or consent of the grantees. Grantees, by the act of recording their deed hereby release all claims for damages both in law and in equity whatsoever from said act of dedication if and when done by the grantor.
27. The grantee acknowledges and agrees that every property owner shall pay his fair share of the maintenance and improvement charges as set forth in paragraph 25. The grantee also acknowledges and agrees that a homeowners association of lot owners is effective only if all property owners participate and make timely payment of dues and charges. The grantee hereby agrees, as a part of the consideration of this transaction, to join the Homeowners Association of Timber Estates and to pay the charges set forth in paragraph 25 and the dues, if any, of the Homeowners Association of Timber Estates.
28. The failure of any grantee to pay the maintenance and improvement charges within sixty (60) days of billing shall entitle the grantor, his successor or assign to any or all of the following:
a. The maintenance and improvement charge shall be deemed delinquent and shall together with interest thereon and the cost of collection thereof, continue as a lien on the parcel which shall bind said parcel in the hands of the then owners. The personal obligation of the grantee to pay said maintenance and improvement charge however shall remain grantee's personal obligation and shall also be assumed by the grantee's successors in title.
b. Grantor shall be entitled to a Judgment of Confession and the grantee, by the act of recording his deed, hereby agrees to execute an affidavit as provided for in Section 3218 of the CivilPractice Law and Rules entitling grantor to a Judgment in an amount equal to the unpaid items, plus allowable costs and disbursements. The grantor shall be entitled to enter the Judgment as a lien against the real property or to otherwise enforce said Judgment in any way as provided by law.
c. a delinquent charge shall include Interest at the maximum legal rate for individuals in the State of New York from the due date to the date of payment thereof; and the grantor may bring legal action to recover the entire balance of the maintenance and improvement charge then due together with penalties, interest, reasonable attorneys' fees and the costs of the action, against the grantee personally obligated to pay the same, and may enforce the lien thereof against the property.
29. Grantor reserves for himself, his successors, assigns, agents and nominees the right (but not any obligation) to install, erect, construct, create, maintain, repair and substitute; 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, drainage easements and ditches, pipes and culverts, roadways and rights of way. Grantor, his successors and assigns, agrees to so locate such lines or improvements as to not unreasonably interfere with the use of the tract by the owner.
30. Every grantee, by the act of recording the deed to his parcel or parcels, shall thereupon become a member of the Homeowners Association of Timber Estates and agrees to maintain such membership and to pay reasonable annual fees or dues as set by said homeowners association. The by-laws of the homeowners association shall provide for one vote for each lot owned.
31. The grantor, his successors and assigns, reserves the right and option to designate the Homeowners Association of Timber Estates as its agent or agents for the purpose of carrying out all or part of the authority vested in them by these covenants, conditions and restrictions.
32. The grantee accepts this conveyance subject to the restrictions, covenants, conditions and agreements herein set forth and covenants to and with the grantor, that the said grantee will forever faithfully observe and perform said several restrictions, covenants, conditions and agreements; and if the said grantee, or any person claiming under them shall at any time violate or attempt to violate or omit to perform or observe any of the foregoing restrictions, covenants, conditions and agreements, it shall be lawful for the grantor (but not an obligation of the grantor), his successors and assigns, or any person or persons, including the grantees herein, their heirs and assigns, to institute and prosecute appropriate proceedings at law or in equity for the wrong done or attempted.
33. All common areas are private property and the filing of any subdivision map of "Timber Estates" shall not be construed a dedication or obligation to dedicate any of the common areas to the public. The only exception to this provision shall be the formal dedication of roads if same is made by the grantor at grantor's sole discretion. Grantor shall have no obligation to dedicate the roads. In addition, grantor will have the option but not the obligation to convey any common area to the Homeowners Association of Timber Estates.
34. Wherever the term "grantor" is used, it shall mean Gibson E, McKean, his heirs, successors and assigns and wherever the term "grantee" or "owner" is used, it shall mean the original grantee and his heirs, successors and assigns and all the covenants, conditions, restrictions and reservations contained herein shall be binding upon and inure to the benefit of the parties hereto and the respective heirs, executors, administrators, successors and assigns.
35. Failure to promptly enforce any of the above restrictions, conditions or covenants shall not be deemed a waiver of the right to do so thereafter and the invalidation of any of the above covenants or restrictions by judgment of any competent Court shall in no way affect any of the other provisions which shall remain in full force and effect.