Deed Restrictions

DECLARATION OF RESTRICTIONS FOR LOTS IDENTIFIED IN PLOT OF SURVEY FOR PART OF LANDS OF JOHN A. VIETZE, NOW OWNED BY GEORGE M. VIETZE, RECORDED IN ERIE COUNTY MAP NUMBER 2006-40 IN GREENE TOWNSHIP, ERIE COUNTY, PENNSYLVANIA

WHEREAS, John A. Vietze caused a certain piece or parcel of real property to be subdivided into building lots as shown and recorded in the Recorder of Deeds office of Erie County, Pennsylvania in Erie County Map Number 2006-40, which is hereby incorporated by reference and made part hereof; and,

WHEREAS, John A. Vietze sold and conveyed Lot Nos. Four (4), Five (5), and Six (6) as set forth in the aforesaid Erie County Map 2006-40 to George M. Vietze by deed dated May 23, 2006 and recorded May 26, 2006 in Erie County Record Book 1331, at Page 0631, et seq.; and,

WHEREAS, George M. Vietze, the current owner, desires to place restrictions and covenants against said lots referenced above which shall be covenants running with the land;

NOW, THEREFORE, as the owner of the said lots above referred to, same shall be held and conveyed subject to the following restrictions, conditions, covenants, charges and agreements pertaining to said lots and which shall be covenants running with the land and binding upon all grantees and subsequent transferees of said lots, their heirs and assigns, and shall be enforceable by an appropriate action in law or equity. The restrictions, conditions, covenants, charges, and agreements pertaining to the aforesaid lots are hereinafter set forth as follows, to-wit:

1. BUILDING LINES. No building shall be erected to the front lot line nor nearer to the side street line than as otherwise permitted by the municipality in which said lots are located. Further, no buildings shall be erected on any lot nearer than twenty (20) feet from any side property line.
   
   
2. USE. That this property shall be used for residential purposes only; that no more than one family residence shall be erected on said property; and that no buildings shall be erected or used for business or industrial purposes, nor shall commercial signs of any description be erected.
   
   
3. RESUBDIVISION. No lot shall be subdivided.
   
   
4. GARAGES. Each dwelling shall have an attached garage capable of maintaining at least two (2) automobiles. Integral garages shall be subject to final plans and specification approval.
   
   
5. FINAL PLANS AND SPECIFICATIONS. The final plans, elevations, and specifications for each residence must be approved in writing by the undersigned owner, the owner's son, John A. Vietze, or any other individual appointed by the undersigned as the undersigned owner's designee. No building may be started until the building and site plans, elevations and specifications thereof have been approved in writing.
   
   
6. DWELLINGS. No trailer, basement, tent, shack, garage, barn or other building shall at any time be erected upon any lot or parcel to be used as a residence, either temporary or permanent, nor shall any residence of a temporary nature be permitted. No residence erected on any part of said property shall be occupied at any time prior to it being fully completed.
   
   
7. MOBILE HOMES. No mobile homes, mobile modular, modular or double unit homes are permitted.
   
   
8. MINIMUM SQUARE FOOTAGE REQUIREMENTS. No residence shall be approved for construction unless it meets the following specifications:
   
   a. RANCH STYLE - Must contain a minimum of eighteen hundred (1,800) square feet of finished living area on the main floor.
   
   b. TWO-STORY OR STORY AND A HALF - Must contain minimum of eighteen hundred (1,800) square feet of finished living area on the main floor.
   
   c. SPLIT LEVEL STYLE - Must contain a minimum of eighteen hundred (1,800) square feet on the main floor.
   
   d. RAISED RANCH AND SPLIT ENTRY STYLE - Must contain a minimum of eighteen (1,800) square feet on the main floor.
   
   e. The undersigned owner or the undersigned owner's designee reserves the right to approve plans which may be a maximum of five (5%) percent deficient, with respect to the above square footage requirements, in exchange for uniqueness of design characteristics for the proposed plans.
   
   
9. START OF CONSTRUCTION AND TIME FOR COMPLETION. There shall be no time frame within which construction must be started or commenced after the purchase of any lot subject to these restrictions. However, once construction is commenced, said construction must be substantially completed within no later than one (1) year after commencement of construction.
   
   
10. EXCAVATION AND EARTH MOVING. No dirt may be moved out of the subdivision without the prior written approval of the undersigned owner or the undersigned owner's designee.
    
    
11. RADIO AND TELEVISION EQUIPMENT. No television or radio antennas, towers, or dishes shall be placed on any lot unless they are not visible from the street.
    
    
12. GARDENS. No vegetable garden shall be maintained on any lot until after the dwelling is completed, and then only in the rear of the residence.
    
    
13. NUISANCES. No obnoxious offensive activity shall be carried on upon any lot, nor shall anything be done, placed or stored thereon which may be or become any annoyance or nuisance to the neighborhood, or occasion any noise or odor which will or might disturb the peace, comfort or serenity of the occupants in neighboring properties.
    
    
14. DURATION OF RESTRICTIONS. The foregoing covenants and restrictions are to run with the land and shall be binding upon the present owners, their successors and assigns and all parties and persons claiming under them until December 31, 2036, at which time said covenants and restrictions shall terminate unless continued in writing, duly filed within the office of the Recorder of Deeds for Erie County, Pennsylvania, and subscribed by the owners of at least a majority of the lots in said subdivision.

View a Signed Copy of the Deed Restrictions