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Amended Covenants and Restrictions


 

AMENDED COVENANTS & RESTRICTIONS COVERING
LANDS AND PREMISES FORMERLY OWNED BY
CENTENNIAL LAKE COMPANY

The following protective Covenants and Restrictions amend the "Covenants and Restrictions - Lands and Premises of the Centennial Lake Company" recorded at Book of Deeds 1753, pages 956 and 957 in the Burlington County Clerk's Office, pursuant to the provisions contained in those recorded Covenants and Restrictions for amendment thereof. The consent of a majority of lot owners in the CENTENNIAL LAKE DEVELOPMENT, as defined herein, is attached hereto and shall be recorded as a part hereof, and GRANTOR hereby consents to these amended Covenants and Restrictions.

These Covenants and Restrictions shall apply to lands within the CENTENNIAL LAKE DEVELOPMENT, Medford Township, Burlington County.

The area or community to be known as the "Centennial Lake Development" shall consist of the approximate 75 acre lake identified by that name, extending from the Main Dam at the Centennial-Taunton Road to the Medford Road, also known as Breakneck Road, and all lots fronting the lake waters of the same, together with all lots directly opposite the waterfront lots and fronting either of the two roads around Centennial Lake, known as Centennial Drive West and Centennial Drive East, respectively, as may appear as part of the plans of the CORPORATION filed or to be filed or revisions thereof, and shall also include any additional part or area of such plans within the 600 to 700 acres of land now owned by the CORPORATION (or which may in the future be acquired from adjoining owners) which in the sole discretion of the CORPORATION it may in future desire to lay out, by filed plans or revisions, specific lots for development as part thereof; it being understood, however, that any portion of said overall area, not fronting Centennial Lake or the Roads around Centennial Lake aforementioned may be excluded by the CORPORATION as part of the Centennial Lake Development and any such part so excluded shall be excluded from the use of the Lake and CLUB facilities, By-Laws, rules and regulations, as well as the Amended Covenants and Restrictions and this Agreement herein mentioned; and

The term "GRANTEE" in this document shall refer to any members of the CENTENNIAL PINES CLUB and any person taking or having an interest in any property formerly owned by CENTENNIAL LAKE COMPANY or GRANTOR. All persons owning property included within the CENTENNIAL LAKE DEVELOPMENT (excepting GRANTOR) are intended to be included as GRANTEES hereunder. Whenever the word GRANTEE is used herein the same shall be construed to mean both the plural and singular number and to mean not only the party designated but also his, her or their respective heirs, executors, administrators or assigns. Whenever the words CENTENNIAL PINES CLUB are used the same shall include its corporate and legal successors.

The term "GRANTOR" shall refer to the CENTENNIAL LAKE COMPANY and/or THE CENTENNIAL LAND and DEVELOPMENT CORPORATION, or its successors, assigns, or nominees of record.

The CENTENNIAL LAKE DEVELOPMENT shall be subject to the protective covenants and restrictions hereinafter mentioned, which are to run with the land and shall be binding on all parties hereto and all persons claiming by, from, through or under them, until January 1, 2000, at which time, and subsequent thereto, said covenants and restrictions shall be automatically extended for successive periods of 10 years each, unless at any time by written consent of a majority of the respective owners of the lots in the CENTENNIAL LAKE DEVELOPMENT, with the written approval of the GRANTOR, its successors, assignees or nominees of record, it be agreed to change said covenants and restrictions in whole or in part, which consent shall be recorded in the office of the Clerk of Burlington County, New Jersey, and thereupon these restrictions and covenants shall be deemed altered, changed or amended accordingly, otherwise the same shall remain in full force and effect as herein provided. The terms of these Amended Covenants and Restrictions are subject to and controlled by the provisions of the Settlement Agreement and Amended Memorandum of Agreement of even date herewith, the terms of which are incorporated herein as if each GRANTEE were a party thereto.

If the GRANTEE shall violate or attempt to violate any of the covenants or restrictions herein stated, it shall be lawful for the GRANTOR, CENTENNIAL PINES CLUB, or any other person or a party owning any real property situated in said Development or subdivision thereof to prosecute any appropriate proceedings at law or in equity against the person or party violating or attempting to violate any such covenant or restriction in order either to prevent him, her, them or it from so doing or to recover damages or other liability for any such violation or violations.

Invalidation of any covenant or restriction by judgment or court order shall in no wise affect any of the other or remaining covenants, restrictions, or other provisions, not specifically invalidated, which shall remain in full force and effect.

Whenever the approval of the GRANTOR is required as provided by these protective covenants and restrictions, said approval shall be obtained in writing from the GRANTOR or from the CENTENNIAL PINES CLUB if GRANTOR has conveyed its interest in the Centennial Lake dam, lake bed and beach lot to the CENTENNIAL PINES CLUB.

Title to the waters and the Bed of the LAKE known as CENTENNIAL LAKE is and shall be retained and reserved to the GRANTOR, unless and until such time as GRANTOR shall transfer or convey the same or shall vest title thereto in the CENTENNIAL PINES CLUB, and until such time GRANTOR hereby permits GRANTEE the right to use said LAKE for pleasure purposes, provided, however, that GRANTEE is and shall continue to be a member in good standing of the CENTENNIAL PINES CLUB and complies at all times with all the rules and regulations of the CENTENNIAL PINES CLUB, which rules and regulations shall first be approved by GRANTOR in writing. Such use and privilege to said GRANTEE is personal and shall not extend to the heirs, executors, administrators or assigns of GRANTEE or any other person or party unless he, she or they first become and continue to be members in good standing of the CENTENNIAL PINES CLUB or its successors as aforesaid.

Said protective covenants and restrictions also include the following:

1. That the herein described lands and premises shall be used for purposes of residence only.

2. That GRANTEE will not permit or suffer any person
or party other than a member in good standing of the CENTENNIAL PINES CLUB, or his, her or their immediate family members or invited house guests to use the water or LAKE on GRANTOR'S property or any part thereof, or to have access to or from the waters of CENTENNIAL LAKE, or to use any of the facilities of the CENTENNIAL LAKE COMPANY or the CENTENNIAL PINES CLUB which are made available for use of Club members only.

3. That not more than one single family dwelling house shall be erected on any one lot fronting on the LAKE, nor shall any dwelling house be erected on any lake front lot that has less than 119 feet in width fronting the LAKE or less than 200 feet in depth, nor shall any dwelling house be erected on any lot having an area of less than 43,560 square feet.

4. That a single family dwelling house may include: (a) as an integral part thereof a garage, boathouse or carport, in size not larger than a normal three car garage, for the housing of accessories, cars, or boats, which building shall be substantially enclosed and shall conform with the architectural design of the main dwelling house. Any such detached accessory building may, with the written approval of the GRANTOR, be enlarged to include guest house accommodations and facilities, provided running water and modern plumbing be installed.

5. That no dwelling house, building or structure of any kind shall be constructed, erected, placed or altered on any lot unless and until a plot plan showing the proposed location and construction plans and specifications have been submitted to and approved by the GRANTOR or by a Rules and Property Committee (known by that or some similar name) of the CENTENNIAL PINES CLUB, appointed pursuant to the rules and regulations of that Club after the same have been duly approved by the GRANTOR. The approvals required by these covenants and restrictions shall be
in writing before any building or construction work is commenced, and shall be given within thirty (30) days after so requested in writing, otherwise the application therefor shall be deemed to have been refused.

6. That no dwelling house, building or structure of any kind shall be constructed or erected less than 50 feet from the LAKE or 75 feet from the center line of the abutting main trail, street or road, nor within 25 feet of the lands of an adjoining lot owner.

7. That no business, trade, manufacturing or commercial building or buildings shall be erected, nor shall any business, trade, manufacturing or commercial activity be conducted, on any lands and premises within the Development known as CENTENNIAL LAKE, except upon written approval of the GRANTOR.

8. That no sewage shall be permitted to drain into the LAKE and all cesspools shall be walled and shall be at least 125 feet from the LAKE and sanitary containers for disposal of all garbage and other refuse shall at all times be available and used; all plumbing shall be of standard construction or connecter with a public or municipal sewage or disposal plant; all toilets must be connected with water tight septic tanks and all drains shall be connected with cesspools which shall be at least 30 feet from any dwellings.

9. That all fireplaces and chimneys must be of standard construction and screened, and, if not connected directly with a dwelling house and included in the approved plans thereof, permission -to construct or build the same must first be obtained in writing from the GRANTOR or said Rules and Property Committee of the CENTENNIAL PINES CLUB.

10. That no fence or wall higher than four feet, other than a hedge or shrub fence shall be permitted, built or constructed, unless approval is first obtained from GRANTOR or the aforementioned Rules and Property Committee of the CENTENNIAL PINES CLUB.

11. That no tent, trailer, shack, barn, tourist cabin or temporary housing shall be permitted, nor shall any structure of a temporary character be used as a residence.

12. That no malt, vinous, spiritous or intoxicating liquors shall be manufactured or sold on the above described premises; and said premises shall not in any way be used as a powder mill, slaughter house, poultry farm, piggery or for the making of soap, bone-boiling, lampblack, glue, candle, varnish or other like or similar products and said premises shall not be used or occupied in any offensive, noxious or dangerous manner, nature or form whatsoever; and no nuisance at any time shall be permitted to exist in, on or about said lands and premises or any of the lakes, beaches, buildings, club houses, courts, parks, roads, driveways, playgrounds or property in Centennial Lake Development.

13. That owners of LAKE front lots may erect and maintain floats, wharves, docks or piers on the LAKE subject to and only upon obtaining the permission of the GRANTOR or the aforesaid Rules and Property Committee of the CENTENNIAL PINES CLUB.

14. That at no time shall any gasoline power boat be
operated on the LAKE without the written permission of the GRANTOR.

15. That no signs, posters or billboards of any kind shall be posted in, on or about GRANTEE'S property or any property of the Centennial Lake Development without the written permission of the GRANTOR.

16. That all main streets, trails or roads for vehicular traffic shall be laid out with a dedicated width of at least 32 feet and all privately owned streets, trails or roads on or through individual lot or lots for vehicular use shall be disclosed in the building plans and specifications and shall be subject to approval by the GRANTOR or the aforesaid Rules and Property Committee of the CENTENNIAL PINES CLUB.

17. That no lot as presently or as may be hereafter laid out in the Centennial Lake Development by GRANTOR shall be subdivided for resale without the written approval of GRANTOR.

18. That the GRANTOR, for itself and its successors, assignees and nominees of record, reserves the right to grant easements, rights of way, servitudes and public roads to any public agency or public utility corporation, and to raise the water of CENTENNIAL LAKE so that its normal surface height shall be up to the overflow pipe or pipes and approximately not more than one foot higher than the existing normal water level.

19. That GRANTEE shall be, upon acceptance of a Deed to premises subject hereto a member of CENTENNIAL PINES CLUB; and is responsible for payment of dues and assessments as they become due, and by acceptance of a Deed does agree and subscribe to the By-Laws of the CENTENNIAL PINES CLUB, as same now exist or may from time to time be altered, and to all of the terms and conditions of the Memorandum of Agreement dated June 1, 1957, as if a party thereto, recorded at the Burlington County Clerk's Book of Deeds 1753, Page 946 et seq., as same now exists or may hereafter be amended. GRANTEE's lands in the CENTENNIAL LAKE DEVELOPMENT shall automatically be subject to a lien in favor of the CENTENNIAL PINES CLUB in the amount of all such dues and assessments chargeable to GRANTEE that remain unpaid longer than ninety (90) days and for all costs and attorney's fees associated with any and all attempts to collect such unpaid dues and assessments. This lien may be foreclosed in the manner provided for the foreclosure of real estate mortgages. Any dues incurred prior to January 1, 1986 shall not be lienable. Dues shall only be assessed and lienable against properties that have dwellings located thereon.

20. That GRANTOR or its successors, with the approval of CENTENNIAL PINES CLUB or its successor, may at any time in writing waive any part or all of the foregoing conditions, covenants or restrictions if, in their joint judgment, the same be deemed necessary or advisable.

21. That by acceptance of a Deed, all conditions and protective covenants and restrictions herein set forth shall be binding upon GRANTEE and all persons claiming by, from, through or under GRANTEE, which conditions, restrictions and covenants
GRANTEE expressly agrees and covenants to keep and to be bound by, hereby binding GRANTEE thereto and the GRANTEE'S heirs, executors, administrators and assigns.

22. That no tree over four inches (4") in diameter may be cut without the permission of the GRANTOR or the CENTENNIAL PINES CLUB, except in the immediate area of the construction of a dwelling on the lot.

23. That within the CENTENNIAL LAKE DEVELOPMENT, application of fertilizer is restricted to those types and amounts which will ensure ready absorption of the fertilizer by the vegetation on which the fertilizer is placed, in order to protect the quality of groundwater and surface waters within the CENTENNIAL LAKE DEVELOPMENT.

24. Each of the persons signing in the space provided below constitutes and appoints the CLUB as its Attorney—in—Fact for the purpose of executing this document in recordable form. The purpose of this paragraph is to simplify the procedure for acknowledging this document so that it is in recordable form with respect to each person signing it.

 

 

TOWNSHIP OF MEDFORD
PLANNING BOARD
RESOLUTION No. 21A-1996

Centennial Croft Resolution
Clarification of Resolution of 21-1996
Re: Buffer Conditions

WHEREAS, the Planning Board adopted Resolution 21-1996 concerning the interpretation of a condition of preliminary approval in 1983 of the Centennial Croft subdivision imposed in paragraph three in Resolution 62-1983 and imposed in resolutions of final approval for the various sections of Centennial Croft; and

WHEREAS, at the public hearing at which Resolution 21-1996 was adopted the Planning Board agreed that the Medford Township Planning Staff would meet with representatives of the Braddock's Mill Conservation Association to further explore their concerns as well as the legislative history of Resolution 62-1983; and,

WHEREAS, at a subsequent meeting *between the Medford Township Planning Staff and representatives of Braddock's Mill Conservation Association clarification with regard to language and the interpretation of paragraph three of Resolution 62-1983 was achieved regarding the purpose and intent of the Centennial Croft perimeter buffer.

NOW, THEREFORE BE IT, RESOLVED, by the Planning Board of Township of Medford that Resolution 21-1996 is hereby revised and amended to read as follows:

"6. Based upon: the testimony of record including the Certification of Thomas J. Scangarello, the Planning Board finds that the 40 foot restrictive buffer must be interpreted as follows:

(1) To be a 40 foot natural woodland open space buffer;

(2) Intended to screen as much as possible the residential uses of the perimeter lot and to preserve the natural woodland appearance of the area as perceived from outside the perimeter of the development;

(3) From which woodland, trees and vegetation may not be removed, except in so far as they may be replaced by equivalent natural pinelands vegetation recognized and approved by the New Jersey Pinelands Commission;

(4) In which no structures, fences, storage of materials, or parking of vehicles are permitted, except natural split rail fences or similar type open style natural fences at the property boundary line."

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