Prepared by:

Michael J. Clement, Esq.

Wisler Pearlstine, LLP
460 Norristown Road, Suite 110
Blue Bell, PA 19422
(610) 825-8400

After recording,
please return to:

David C. Onorato, Esq.

Hladik, Onorato & Pearlstine, LLP
298 Wissahickon Avenue
North Wales, PA 19454

Tax Parcel No. 23-00-00349-00-6

VOLUNTARY DECLARATION OF RESTRICTIVE COVENANT
This Voluntary Declaration of Restrictive Covenant (Declaration) is made this _____
day of ______________, 2014 by Perkiomen Valley School District (Owner).
BACKGROUND OF THIS DECLARATION:
A.

Owner is the record owner of that certain tract of land fronting on College

Avenue and E. First Avenue in Trappe Borough (Borough), Montgomery County,

Pennsylvania and further identified as Tax Parcel No. 23-00-00349-00-6 (the Property). The
Property consists of approximately ten+ (10+) acres located on the south side of College Avenue
and is zoned partially Village Commercial and partially R-2 Residential. Owner and Oldschool
Newhouse, LLC (Buyer) have entered into an Agreement of Purchase and Sale and addenda in
connection thereto (collectively, Agreement of Sale) whereby Buyer has agreed to purchase
the Property from Owner, and Owner has agreed to sell the Property to Buyer pursuant to the
terms of the Agreement of Sale.
B.

Buyer desires to cause the Property to be developed entirely in accordance

with residential provisions of the Village Commercial zoning district of the Borough Zoning
Ordinance.

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ACTIVE 26458602v4 08/08/2014

C.

Public water and public sewer are available to the Property.

D.

Buyer has requested the Borough to amend the zoning of the Property by

making it entirely Village Commercial and to amend its Zoning Map to reflect the amendment.
E.

Buyer desires to cause a development of the Property so as to: preserve a

portion of the Old Trappe School located on the Property and convert that portion of the Old
Trappe School to residential living units; and construct single-family residences on a portion of
the Property.
F.

Buyer desires to develop the Property for thirty (30) residential units in a

portion of the Old Trappe School, plus twenty (20) single-family residences on the remainder of
the Property (the Project).
G.

In the event the Borough, in its sole discretion, determines to rezone the

Property to be entirely Village Commercial and amend its Zoning Map, then Owner and Buyer
hereby make this Declaration, intending that the Property shall hereinafter be governed by the
provisions hereof.
NOW, THEREFORE, this Voluntary Declaration of Restrictive Covenant is as follows:
1.

Declaration. Owner hereby declares that the Property is and shall be held,

transferred, sold, conveyed, leased, developed, occupied and used subject to the rights,
obligations and restrictions declared and set forth in this Declaration which shall only be
modified at the written direction of the Borough Council and Owner or its successors and assigns
or otherwise terminated as provided for in this Declaration.
2.

Persons Bound and Benefited. The rights, covenants, obligations, restrictions,

conditions and other provisions created, declared and contained in this Declaration shall benefit
the Borough and the Owner (as well as the successors in title of the Owner) of the Property. In

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addition to benefiting Borough and Owner, its successors and assigns, this Declaration shall be
enforceable by the Borough and the Owner, its successors or assigns, in law or in equity. This
Declaration shall also benefit and be binding upon the Property, the Owner, its successors and
assigns, together with all purchasers, lessees and users of the Property, unless otherwise
terminated as provided for in this Declaration.
3.

Covenant Running with the Land. This Declaration is specifically intended to

be a covenant running with and appurtenant to the Property, unless otherwise terminated as
provided for in this Declaration.
4.

The Restrictive Covenant. The Property shall be developed for not more than

thirty (30) residential units in a portion of the Old Trappe School plus no more than twenty (20)
single family residences and shall not be developed or used for any other uses permitted under
any zoning district that may apply to the Property or otherwise or for any other use unless this
Declaration is amended or terminated pursuant to paragraph 6 below.
5.

Effective Date. This Declaration shall become effective and binding upon being

duly entered of record in the Office for the Recording of Deeds in and for Montgomery County,
Pennsylvania. It shall remain effective unless and until properly terminated in accordance with
the terms of this Declaration.
6.

Amendment or Termination.

This Declaration shall not be amended or

terminated except by written instrument properly recorded and signed by the then owner of the
Property and the Borough. Any amendment or termination of this Declaration shall also be
entered of record in the Office for the Recording of Deeds in and for Montgomery County,
Pennsylvania. Notwithstanding the foregoing, in the event the Property is not rezoned to be
entirely Village Commercial pursuant to changes in the Borough Zoning Ordinance and Zoning

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ACTIVE 26458602v4 08/08/2014

Map, approved and issued by all governmental bodies having jurisdiction thereof within six (6)
months of the date of this Declaration, then this Declaration shall automatically become null and
void, and shall terminate. Additionally, notwithstanding the foregoing, if the Buyer fails to
purchase the Property from Owner pursuant to the Agreement of Sale, (i) this Declaration shall
automatically became null and void and shall terminate, (ii) the zoning of the Property shall
revert back to its zoning prior to the change of zoning outlined in this Declaration, and (iii) the
Borough shall take all steps necessary to terminate this Declaration and cause the zoning of the
Property to revert to its zoning prior to the change of zoning outlined in this Declaration.
IN WITNESS WHEREOF, the Owner has executed this Declaration as of the day and
year first above written.
PERKIOMEN VALLEY SCHOOL DISTRICT

Attest/Witness: ____________________

By: _____________________________
Name:
Title:

CONSENT OF BUYER
Oldschool Newhouse, LLC, by execution below and intending to be legally bound, hereby
consents and agrees to the terms and conditions set forth in this Declaration.
Attest/Witness: ____________________

By: _____________________________
Name:
Title:

CONSENT OF TRAPPE BOROUGH

Trappe Borough, by execution below and intending to be legally bound, hereby consents and
agrees to the terms and conditions set forth in this Declaration.

Attest/Witness: ____________________

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ACTIVE 26458602v4 08/08/2014

By: _____________________________
Name:
Title:

ACKNOWLEDGEMENT

COMMONWEALTH OF PENNSYLVANIA

:
: SS
:

COUNTY OF MONTGOMERY

On this, the ______ day of ________________, 2014, before me, a Notary Public,
personally appeared _________________________________, the _______________________
of Perkiomen Valley School District, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Notary Public

My Commission expires:

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ACKNOWLEDGEMENT

COMMONWEALTH OF PENNSYLVANIA

:
: SS
:

COUNTY OF MONTGOMERY

On this, the ______ day of ________________, 2014, before me, a Notary Public,
personally appeared _________________________________, the _______________________
of Oldschool Newhouse, LLC, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Notary Public

My Commission expires:

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ACKNOWLEDGEMENT

COMMONWEALTH OF PENNSYLVANIA

:
: SS
:

COUNTY OF MONTGOMERY

On this, the ______ day of ________________, 2014, before me, a Notary Public,
personally appeared _________________________________, the _______________________
of Trappe Borough, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Notary Public

My Commission expires:

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