AMENDMENT TO GREEN ACRES DEED RESTRICTIONS SET OUT BY DECLARATION BY PATRICIA A. MONAHAN AND DATED MAY 13, 1955 AND AMENDED IN THE YEAR 2000
By this Declaration dated this seventh day of May, 2000, the Green Acres Civic Association ("GACA"), incorporated in the state of Delaware, and the individual property owners of the lots 1 through 376 and all streets, drainage areas, open spaces and easements shown on the final approved Subdivision Plan of Green Acres (GREEN ACRES) recorded in the Office of the Recorder of Deeds for New Castle County, Delaware, in Deed Record F, Volume 55, Page 312, (or other forms of recordings) hereby amends the record of Patricia A. Monahan and covenants and declares for itself and its successors, assigns, grantees and all current and subsequent Lot Owners, legal or equitable, that the Declaration of Restrictions dated this seventh day of May, 2000, does and henceforth shall stand seized of the lots, open spaces, streets, drainage areas and easements of GREEN ACRES and are subject to the following reservations, restrictions, covenants and limitations:
1. No building shall be erected, placed or altered on any lot until the building plans, specifications and plot plan showing the locations of such building shall have been submitted to and approved in writing as to conformity and harmony of external design with existing structures in said development and as to location of the building with respect to topography and finished ground elevation by an Architectural Review Committee appointed by the GACA board and in agreement with New Castle County code. In the event the Architectural Review Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to completion thereof, such approval will not be required and this covenant shall be deemed to have been fully complied with.
Architectural Review Committee: GACA may establish an architectural review committee for the purpose of establishing and administering Architectural Guidelines, rendered with a view towards maintaining the architectural integrity and harmony of the community. Exceptions to this Declaration may be allowed in accordance with such Architectural Guidelines, upon written application to and written permission from the Architectural Review Committee. The committee shall inform each adjoining neighbor of any application and shall hear their concerns before making any decisions. Each person making such application, and all other Lot Owners affected thereby, shall accept and be bound by the good faith decision of the Architectural Review Committee in granting or denying such application, or in qualifying and limiting any permission granted; provided, however, that any person aggrieved by the committee's decision shall have the right, which must be exercised within thirty (30) days to contest the decision and appeal to the GACA board.
2. Steps, bay windows, or balconies which form a part of the main building may project not more than four (4) feet upon a required front yard (or side yard in the case of a corner lot) or three (3) feet into any required side yard or rear yard. No such structure shall have a width in excess of three times the distance of its projection; uncovered porches may extend eight (8) feet into front yard areas and to any distance in side and rear yard areas.
3. No dwelling shall be erected or placed on any residential building lot which may have a sales price of less than the average last three (3) years' home sales within GREEN ACRES. Any exceptions can be allowed at the discretion of the Architectural Review Committee.
4. No trade, business, commerce, industry or occupation shall be conducted on any portion of the area shown on the aforesaid Plan or in any building erected thereon, except that which is allowed by New Castle County code, Home Occupation Ordinance 99-134, and any future amendments thereto.
5. No fence shall be erected or replaced on any residential building lot that extends in front of the main house structure. If a Lot Owner elects to erect a fence in line with the front of the house it shall not be permitted to be over four (4) feet in height and must meet the approval of the Architectural Review Committee. Any homeowner may build a side or rear fence up to six (6) feet in height, provided said fence meets the approval of the Architectural Review Committee.
6. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
7. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes.
8. Community Guidelines
a. Owner's Responsibilities: All Lot Owners are expected to maintain their lots to the highest standards elsewhere evident in the community with the purpose of maintaining the integrity and harmony of the community. This includes but is not limited to lawn care, trash disposal, and general upkeep of the dwellings.
b. Tenant's Responsibilities: In the event that any dwelling is leased or rented to any third party by its Owner, such Owner shall promptly notify the Green Acres Civic Association of intent to lease and shall promptly furnish a copy of this Declaration and the Community Guidelines to the tenant. If during such tenancy the dwelling is not being maintained to the highest standards elsewhere evident in the community, or if this Declaration or the Community Guidelines are being violated by the tenant, the Corporation shall have the right to so notify tenant and the Owner in writing, by certified mail, return receipt requested, sent to their last known address.
9. Easements are hereby reserved to GREEN ACRES Lot Owners, their heirs and assigns, for the installation and maintenance of utilities over, under and along the rear ten (10) feet of all land abutting the boundary lines of GREEN ACRES or abutting the area designated on said Plan as "Public Open Space" or "Park Area", and such easements are also reserved over, under and along the rear five (5) feet of all other residential lots or hereafter laid out on said Plan; like easements are also reserved over, under and along five (5) feet on each and every side lot line. All lots to be conveyed by the said GREEN ACRES Lot Owners, their heirs and assigns, shall be subject to any easements, licenses, or other interests in land theretofore granted, conveyed or created to Conectiv Power and Bell Atlantic companies, their successors and assigns. Easements herein reserved or which may hereafter be created may be released in whole or in part by an Instrument in writing duly recorded and executed by the said GREEN ACRES Lot Owners, their heirs and assigns, or any subsequent developer of GREEN ACRES: provided, however, that in the event such easement or portion thereof, sought to be released, has been expressly granted to or is being used by any utility company or public authority, the same shall not be released unless such utility company or public authority shall join in the execution of the release.
10. All conveyances of land on the aforesaid Plan of GREEN ACRES without the necessity of any further reservation, shall also be subject to rights-of-way for drainage, sewer or other purposes as may be shown or designated on said Plan or otherwise of record.
11. Purchasers of any lot or lots on the Plan of GREEN ACRES across whose lot or lots a drainage right-of-way may pass, as shown on the aforesaid Plan, shall at all times maintain and occupy their lots so as not to interfere with the proper maintenance of said rights-of-way; public utilities and such public authority as may have an interest in such easement shall at all times be entitled to enter upon said easements and abutting land to the extent necessary for the purpose of properly maintaining the same.
12. The foregoing covenants, agreements, conditions, easements, reservations and restrictions shall be binding upon GREEN ACRES Lot Owners, their heirs and assigns, and all persons claiming under them, until June 30, 2010, at which time the same shall be automatically extended for successive periods of ten (10) years each unless within one (1) year prior to the expiration of any successive ten (10) year extension, the majority of the then owners of lots included within the aforesaid Plan, by a proper instrument of writing and duly recorded in the Office for the Recording of Deeds in and for New Castle County, Delaware, modify, alter, change, abandon or terminate same, in whole or in part.
13. If GREEN ACRES Lot Owners, their heirs and assigns, shall violate or attempt to violate any of the covenants, conditions, restrictions, agreements, and reservations or easements herein contained, it shall be lawful for any other person or persons owning any real property shown on the Plan of GREEN ACRES to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate the same and either to prevent him or them from so doing or to recover damages or other dues for such violations.
14. Invalidation of any one of these covenants, conditions, reservations, restrictions, easements or agreements herein contained shall in no way affect any of the other provisions which shall remain in full force and effect.
15. The foregoing covenants, conditions, reservations, restrictions, easements, and agreements shall apply to and bind only the land owned by GREEN ACRES Lot Owners, shown by the aforesaid Plan of GREEN ACRES and in no event shall the same be construed to apply to or in any manner bind or affect any lands not shown on the aforesaid Plan.