TEES DECLARATION, made this 28th day of February, 2001, by WILLIAM Q. SAIENNI, ELMER D. SAIENNI & SALVATORE J. SAIENNI, t/a SAIENNI ENTERPRISES
A Delaware general partnership, herein after jointly referred to as the “Declarant”).
WHEREAS, Dec1arant is the Owner of all those certain lots, pieces, or parcels of land, situated in New Castle Hundred, New Castle County, State of Delaware comprising approximately 75.010± acres of land, and being known as Wynthorpe Subdivision, as shown on that certain Record Major Subdivision Plan (“the Plan”) prepared by VanDemark & Lynch, dated July 20, 1998, and as revised, of record in the Office of the Recorder of Deeds, in and for New Castle County, State of Delaware, in Instrument No. 2OO1O214 being a residential subdivision of 200 lots (“the Lots”) (hereinafter the “Property’) and more particularly described in the legal descriptions attached
Hereto and made a part hereof; and
WHEREAS, Declarant desires to develop on the Property a residential subdivision for the benefit of said subdivision and which subdivision shall consist of a variety of single-family detached dwelling units; and
WHEREAS, Declarant desires to provide for the orderly preservation of property values for the individual Lots in said subdivision and, to that end, desires to subject the Property to the covenants and restrictions hereinafter set forth, each and all of which is and are for the benefit of the said Property and each owner thereof.
NOW, THEREFORE, the Declarant does hereby covenant and declare that it shall hold and stand seized of the Property subject to the following covenants and restrictions, which shall be covenants running with the land and which shall be binding upon the Declarant, its successors and assigns:
For purposes of this Declaration, the Declarant shall have the sole and exclusive right to determine when lot lines and/or street lines shall be “front” or “side” lines.
CHANGES IN THE DECLARATION
These covenants and restrictions 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 two thirds (2/3) of the Lots, which shall be recorded in the Office of the Recorder of Deeds in and for New Castle County, State of Delaware, excepting, however, that the Declarant, so long as it is the Owner of at least ten percent (10%) of the lots, shall have the absolute right to amend this Declaration from time to time without the joinder of any other owners by executing and recording an amendment in the Office aforesaid.
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; and failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter or a waiver to enforce the other restrictions contained herein. In the event Declarant incurs any expenses, including attorneys’ fees, in connection with its efforts to enforce the terms hereof, the lot owner in violation of these covenants shall also be obligated to reimburse Declarant for all such expenses. Action of enforcement may be brought by the Declarant, its successors and assigns, or any owner of any land which is the subject of this Declaration. Declarant reserves the right to assign its power to modify or enforce these covenants and restrictions by an appropriate instrument in writing, recorded in the Office of the Recorder of Deeds in and for New Castle County, State of Delaware. In the absence of such assignment by separate writing, upon the transfer of the private open space to the Wynthorpe Maintenance Corporation, it shall automatically become vested with all rights of Declarant as stated herein.
Invalidation of any one of these covenants or restrictions or any portion thereof by judgment or court order shall in no way affect any other provisions herein, which shall remain in fill force and effect.
GENERAL USE RESTRICTIONS
Section 1. Private Residences.Each lot in the Property shall be used for private residential purposes only and no buildings of any kind, except private dwelling units shall be erected or maintained on any lot.
Section 2. Trailer, Mobile Homes, Etc. No temporary structure, including trailers and mobile homes, shall be permitted or maintained upon any lot.
Section 3. Animals and Pets.No animals of any kind other than usual household pets shall be kept or maintained on any part or portion of the lots, and no horses, cows, goats, hogs, rabbits, poultry, pigeons, or similar animals shall be kept on any part or portion of the lots. Breeding of domestic animals of any kind on any part or portion of any lot or lots or in any building or structure thereon, is expressly prohibited. Outbuildings, such as dog houses or similar structures shall be constructed of wood, of high quality craftsmanship, be no more than four (4) feet in height, and have a floor area no greater than of twelve (12) square feet. In any event no such outbuildings shall be erected or maintained upon any lot until the required approvals have been obtained in accordance with Section 20, herein.
Section 4. Vegetable Gardens No vegetable gardens shall be kept or maintained on the front yards or side yards of any lots.
Section 5. Te1evision and Radio Antennas, & Exterior Mechanical Devices Etc. No television antennas, radio antennas, television or radio receiving or transmitting devices, solar energy panels or any other exterior mechanical devices shall be installed, constructed, placed or maintained on any lot, except that the same may be installed, constructed, placed and/or maintained if it is confined within the interior of the dwelling unit. One satellite dish, no larger than eighteen inches (18”) in diameter and no taller than four feet (4’) in height, may be erected or mounted on the rear of the dwelling or in the rear of the yard of any lot. Exterior Christmas lights and/or ornaments shall be permitted, provided that such lights are removed no later that January 15th of any year.
Section 6.Trash Receptacles Trash receptacles shall be kept in clean, sanitary and in enclosed areas, hidden from view, excepting that they may be placed temporarily at street side on the regular day of collection if required by the collection agency.
Section 7. Prohibited Vehicles No trucks, buses, travel trailers, boat trailers, boats, utility tai1ers, commercial vans, tractors, campers or vehicles immobilized for any reason, shall be kept or maintained on any street, lot or driveway, except that pick trucks up to and including three (3/4) ton and enclosed vans up to 10,000 pounds G.V.W. shall be permitted, provided they do not exceed a height of seven (7) feet.
Section 8. Signs No signs of any nature whatsoever shall be erected, placed or maintained on any lot within the property, described, except that a single real estate “For Sale” sign may be so placed and maintained, but must be removed within five (5) days after a non-contingency contract for sale and purchase for such lot has been signed by all parties thereto.
Section 9. Fence No enclosing or non-enclosing fence or barrier (hereinafter the “fence”) shall be erected on any lot closer to the front street line than the rear-most wall of the principal building on said lot except that fences which are dividing lines between two single family lots may extend along side lot lines. No fences shall be of height of more than four feet (4’). No such fences shall be constructed or maintained upon the lots until the plans for the same have been approved by Declarant, in accordance with the provision of Section 20 herein.
Section 10. Swimming Pools No above-ground swimming pools shall be constructed of maintained on any lot, except that children’s wading pools not exceeding two (2) feet in height shall be permitted.
Section 11 Trees, Shrubs and Landscaping. Any and all trees, shrubs and/or landscaping planted or provided by the Declarant, its successors or assigns, must remain undisturbed for a period often (10) years, except for ordinary maintenance, feeding and disease control.
Section 12. Lawn Mowing The owner of each lot shall be responsible for the maintenance of grass and weeds thereon and shall mow said lot at least twice during each of the months from March through November of each year.
Section 13. Yards No statues, sculptures, painted trees, bird baths, ornaments, or replicas of animals or other like objects may be affixed to or placed on any lot or building.
Section 14. Trampolines No trampolines of any kind whatsoever shall be erected or maintained on any lot.
Section 15.C1othes Lines. No outside clothes lines or clothes line posts shall be erected or maintained on any lot.
Section 16. Right-of-Ways No structures or equipment, of any nature, except for standard mailboxes, shall be constructed or installed within the right-of-way of the Subdivision streets.
Section 17, Outbuildings No outbuildings, sheds, garages, enclosed outdoors storage facilities, or other similar structures shall be erected, placed or maintained on any lot within the property unless such structures are (i) constructed of a material other than metal; (ii) are located only in the rear yard of any lot; (iii) do not exceed the aggregate size of eighty (80) square feet on each lot; (iv) do not exceed a height of eight (8) feet above ground level; (v) are built in accordance with plans, specifications and illustrations approved by Declarant or its successors or assigns pursuant to Section 20 of this Declaration of Restrictions; and (vi) if such structures are outbuildings for animals or pets, such as dog houses and similar structures such structures also comply with the requirements of Section 3 of this Deed of Restrictions.
Section 1 8. Basketball Goals No basketball goals shall be erected, placed or maintained on any lot at any time, except for (i) a maximum of one permanently installed goal located in the rear yard of each lot, or (ii) temporary basketball goals that are removed within forty (48) hours of being placed on the lots to an indoors storage location, and that are not placed outside again for at least another forty-eight (48) hours.
Section 19. Easements Easements and right-of-ways are hereby reserved on, over, under and along all of the lots in the Property, for poles, wires, conduits, pipes, for lighting, heating, gas, electricity, telephone, and any other public or quasi-public utility service purposes, for drainage, and for sewers and pipes of various kinds, all of which shall be confined, as practicable, ten (10) feet from the front and rear property lines of each lot and seven (7) feet from the side lines of each lot, together with the right of access thereto for the purpose of further construction and/or repair. A twenty (20) foot wide easement, ten (10) feet on each side of the centerline, of pipe, structure, line or swale, shall be created, wherever possible, where a sanitary sewer or storm sewer exists. No building or other permanent structure shall be erected or maintained an any part of any area herein reserved as an easement and/or right
Section 20. Review of Plans Notwithstanding anything contained herein to the contrary, no outbuildings, buildings, structures of a temporary or permanent nature, swimming pools, fences or other construction or improvements shall be constructed, erected, or placed upon any lot, nor shall any exterior addition to or change or alteration thereof, including but not limited to exterior facade, color change and/or change in grade or drainage be made until the plans and specifications with illustrations, showing the nature, kind, shape, color, height, materials and proposed location of same, shall have been submitted to and approved in writing by the Declarant The Declarant its successors or assigns, in connection with the review of said plans, specifications and illustrations, shall have the right to approve or disapprove any such matters which in its opinion are not suitable or desirable to the community. In passing upon such plans and specifications, Declarant or its successors or assigns, shall consider the following factors:
a) The quality, aesthetic suitability, nature, kind, shape of the proposed building or other structure;
b)The color, height and materials of which it is to be
c) The specific site upon which it is proposed to construct or erect the same;
d) The harmony of the proposed change, alteration, addition, building or structure with structures on neighboring properties and the outlook and view from the neighboring properties; and
e) The effect on the reasonable passage of light and air to the neighboring properties.
This Declaration shall bind all lots in the Property owned by Declarant of the date on which this Declaration is recorded and all other lots in the Property as to which the owners thereof have joined in this Declaration by separate writing.
Notwithstanding anything contained in this Declaration, its provisions shall not be applied or construed as to prohibit or impede the construction by Declarant or its successors in title to vacant lots from building or selling dwelling houses, maintaining an office or offices (including trailers) for construction and/or sales, storing construction materials and equipment, or generally carrying on its business as to the development of the Property.
IN WITNESS WHEREOF, the said WILLIAM Q. SAIENNI, ELMER D. SAIENNI & SALVATORE J. SAIENNI, t/a SAIENNI ENTERPRISES, a Delaware general partnership, have caused their hands and seals to be hereunto set the day and year first above written.
SEALED AND DELIVERED IN THE PRESENCE OF:SAIENNI ENTERPRISES
STATE OF DELAWARE
NEW CASTLE COUNTY
BE IT REMEMBERED, that on this 28 day of February 2001, personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, WILLIAM Q SAIENNI, ELMER D. SAIENNI & SALVATORE J. SAIENNI, being the partners of SAIENNI ENTERPRISES, a Delaware general partnership, party to this Indenture, known to me personally to be such, and acknowledged this Indenture to be their act and deed and the act and deed of said partnership.
GIVEN under my Hand and Seal of Office, the day and year aforesaid