High Point LLC, ("Declarant") a Pennsylvania Limited Liability Company is an owner in fee simple of the real estate described in a certain subdivision plan, recorded in the Recorder of Deeds office of York Count, Pennsylvania in Record Book 2801, Page 4065 a portion of the real estate is set forth in Exhibit 1 attached hereto. The said real estate set forth in the subdivision plan is located in Penn Township and West manheim Township, York County, Pennsylvania. Declarant hereby submits the real estate as described in Exhibit 1 including all easments, rights, and appurtenances thereunto belonging and the improvements erected or to be erected thereon(herinafter referred to as the "Property") subject to easments, covenants and restrictions hereinafter set forth and to those provisions of the Pennsylvania Uniform Planned Community Act. 69 Pa. C.S.5 101 et seq. (the "act") enumerated, and hereby creates with respect to the propery a Planned Community, to be known as "High Pointe" (the "Community"). In addition, Declarant reserves the right to withdraw or add additional real property to the Community at the discretion of the Declarant. The additional real estate shall be all or a portion of the real estate (at the discretion of the Declarant) set forth in the Deed references and described in Exhibit 2 herein.
Included among the easements, rights and appurtenances referred to in Seciton 1.1 above are the following recorded or expected to be recorded easements, and the Real Estate is hereby submitted to the Act:
a. Rights granted to Metropolitan Edison Company as set forth in Record Books 54- F, page 107 and 50·X, page 511.
b. Rights granted to United Telephone Con1pany ofPetmsylvania as set forth in Record Book 48-X, page 445.
c. Rights granted to Columbia Gas of Pennsylvania as set forth in Record Book 105- L J, page 598.
d. Rights granted to Metropolitan Edison Company as set forth in Record Books 51- F, page 051, 34-J, page 231, 34-J, page 232, 62-Y, page 471, 30-Z, page 332, 30-Z, page 544 and 31-Q, page 383.
e. Rights granted to Metropolitan Edison Company as set forth in Record Book 61· Q, page 114 and 98-R, page 595.
f. Rights granted to Metropolitan Edison Company as set forth in Record Books 53- V, page 086, 50-T, page 639, 36·!,page 075 and 36-I page 554.
g. Rights granted to United Telephone Company of Pennsylvania as set forth in Record Book 51-C, page 092.
h. Title to any portion of the premises lying within the bed of Sunset Drive (T-309) is subject to public and private rights therein.
i. TOGETHER WITH AND SUBJECT TO easements and restrictions benefiting and burdening the Property, and portions thereof, as shown in the Subdivision Plan and the Plat.
a. "Association" menas the Home Owners Association of the Community and shall be known as the "High Point Home Owners Association."
b. "Bylaws" means the Bylaws regulating the affairs fo the Association, as they may be amended from time to time.
c. "Common Elements" means all portions of the Community other than the Units and other that street right-of-way and streets dedicated or to be dedicated by the Declarant to the municipalities within which the Community is situated, and includes storm water management basins, facilities, and outlets within the open areas to the extent not dedicated to and owned by West Manhiem and Penn Townships, open areas, walkways, and facilities within open areas, and signes identifying the Community as shown in the Plat.
d. "Common Expenses" means all expenses incurred to maintain, repair, reconstruct, and operate the Common Elements and the Association
e. "Community" means High Pointe, as Planned Community described in Section 1.1 above and created by this Declaration.
f. "Declarant" means High Pointe, LLC as aset forth in Section 1.1 above and all successors to any Special Declarant Rights, as defined and provided in the Act.
h. "Declaration" means this document, as the same may be ameded from time to time.
i. "Executive Board" means the Executive Board of the Association
j. Not included in original document
k. "Plat and "Plats and Plans" means the Plat of the Community recorded with this Declaration in the Office of the Recorder of Deeds for York County, Pennsylvania as Exhibit "2" hereto, and a reduced copy of which is also attached hereto in Exhibit "2" and made a part of hereto, as the same may be ameneded from time to time.
l. "Property" means the Property as described in Section 1. above.
m. "Rules and Regulations" means the rules and regulations as promulgated by the Executive Board from time to time with respect to use of the Common Elements.
n. "Unit" means a building lot within the Community as described and showns in the Plats and shown as a "Lot" therein and in the Subdivision Plan, but excluding and Lot that is designeated as a Common element. When used in this Declaration, "Lot" shall also mean "Unit."