Wiltshire at Oxford Homeowners Association

Second Amendment to the Declaration - Dated 09/16/2002

(See the LEGAL DISCLAIMER at the end of this document.)

Wiltshire at Oxford Homeowners Association
427 Exton Commons
Exton, PA 19341
(610) 363-1322
Fax (610) 363-2310
e-mail: ccr@ccrmanagement. corn

September 16, 2002


All Wiltshire Homeowners

CCR Management

2nd Amendment to the Declaration

Enclosed, please find a recorded copy of the 2nd Amendment to the Wiltshire at
Oxford Declaration of Covenants, Easements and Restrictions relating to the
community sidewalks.

Please keep this amendment with other important homeowner documents.
If you have any questions, please do not hesitate to call us.

Sincerely,

(Signed)

Linda Trusk

CCR MANAGEMENT

Enclosure

 

 

EXECUTION COPY 7/9/02 -JGR/TPT

Riley, Riper, Hollin & Colagreco
312 West State Street, 2n~ Floor
Kennett Square, PA 19348

SECOND AMENDMENT TO THE
AMENDED AND RESTATED DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS FOR WILTSHIRE AT OXFORD

THIS SECOND AMENDMENT OF THE AMENDED AND RESTATED
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS (“Second
Amendment”) is made and executed this 23 day of July, 2002, by OXFORD LAI4D, L.P.
(“Declarant”) a Pennsylvania limited partnership, having a mailing address of 455
Pennsylvania Avenue, Suite 205, Fort Washington, Pennsylvania 19034, with the consent and
joinder of JMCW, INC.(”JMCW”), a Pennsylvania corporation, having a mailing address of
1020 Broad Run Road, Landenberg, Pennsylvania 19350.

BACKGROUND

A. JMCW subdivided a certain parcel of land situate in East Nottingham Township,
Chester County, Pennsylvania, more filly described in Exhibit “A” attached to the Amended
Declaration (the “Property”), pursuant to a certain plan entitled “Wiltshire at Oxford” prepared
for JMCW by Lake, Roeder, Hillard & Beers, Inc. dated December 9, 1996 (last revised June
26, 1998), and recorded in the Office of the Recorder of Deeds in and for Chester County,
Pennsylvania as Plan No. 14559 (the “Wiltshire Subdivision Plan”).

B. JMCW executed a certain Declaration of Covenants, Restrictions and Easements
for Wiltshire at Oxford dated August 24, 1998, which was recorded in Chester County on
August 26, 1998 in Record Book 4408, Page 1456 with respect to the Property (the “Original
Declaration”).

C. Thereafter, JMCW executed a certain Amended and Restated Declaration of
Covenants, Restrictions and Easements for Wiltshire at Oxford dated October 30, 1998, which
was recorded in Chester County on November 2, 1998 in Record Book 4446, Page 1819 with
respect to the Property (“Amended Declaration”), which superceded the Original Declaration
for all purposes.

D. JMCW executed a certain First Amendment to the Amended and Restated
Declaration of Covenants, Restrictions and Easements for Wiltshire at Oxford dated August 6
1999, which was recorded in Chester County on August 6, 1999 at Record Book 4613, Page
1936.

E. On or about May 31, 2000, JMCW conveyed the remaining undeveloped Lots
in the Community to Declarant and executed a certain Transfer of Declarant Rights dated May
31, 2000, which was recorded in Chester County on June 6, 2000 at Record Book 4764, Page
272, naming Declarant as s,~55~ssortoJMCW.

F. JMCW retained ownership of the Open Space and the interior streets in the
Community and joins in this Second Amendment as the current record owner of the interior
streets and the Open Space.

G. The Wiltshire Subdivision Plan contemplates dedication of the interior streets
and the sidewalks to the Township. As an inducement to the Township to accept dedication of
the interior streets, Declarant intends hereby to further amend the Amended Declaration in the
manner herein below set forth.

NOW, THEREFORE, pursuant to Sections 9.03(b) and 9.04 of the Amended
Declaration, Declarant hereby amends the Amended Declaration as follows:

1. Amendment to Section 9.01. Section 9.01 of the Amended Declaration shall be
deleted in its entirety and replaced with the following:

“9.01 Sidewalks.

(a) Each Lot Owner shall be responsible to maintain and repair (including
removal of snow and ice) the sidewalk area in front of, and for the full width of, such
Lot Owner’s Lot, which sidewalk area includes that portion of the white concrete
sidewalk constructed over and across the driveway entrance of such Lot. The
Association shall be responsible to maintain and repair (including removal of snow and
ice) the sidewalk areas located in or abutting the Open Space. In the event that any Lot
Owner fails to maintain and/or repair (including removal of snow and ice) the sidewalk
area in front of such Lot Owner’s Lot, the Association shall provide written notice to
the Lot Owner of the need for maintenance and/or repair of the sidewalk. In the
further event that such Lot Owner fails to perform the required maintenance and/or
repairs within thirty (30) days of receipt ‘of written notice from the Association, the
Association shall perform the maintenance and/or repairs and assess the cost thereof
against the Lot Owner. Notwithstanding the immediately preceding sentence, in the
event that a Lot Owner fails to remove snow and/or ice on any occasion after such Lot
Owner has received at least one (1) written notice, the Association shall be both
required and empowered to remove snow and/or ice in front of such Lot Owner’s Lot
without notice, and to assess the cost thereof against such Lot Owner, unless and until
such Lot Owner gives the Association reasonable assurances that such Lot Owner will
assume such obligation in the future.

(b) The Association shall have the right at any time to assume the obligation
to maintain all of the sidewalks in the Community and assess the cost thereof as a
Common Expense.

(c) The Association shall, in its comprehensive public liability insurance
coverage maintained in accordance with Section 4.01 above, include primary coverage,
in an amount not less than Five Hundred Thousand ($500,000.00) Dollars, for damages
or injury, including death, arising out of the use of all of the sidewalk areas in the
Community, which primary coverage shall include East Nottingham Township as an
additional insured, if such designation can be made part of the Association’s
comprehensive public liability policy.

(d) In the event that both the Lot Owner and the Association fail to maintain
and/or repair (including removal of snow and ice) the sidewalks in the Community, the
Township shall have the right (but not the obligation) to perform any required
maintenance and/or repairs (including removal of snow and ice) to the sidewalk area
and recover the costs thereof from the Association and/or the individual Lot Owner and
may enter the unpaid amount thereof as a municipal lien against the Lot which fronts
the sidewalk area to which such unpaid amount pertains.”

2. Approval by East Nottin2ham Township. The Board of Supervisors of East
Nottingham Township approved this Second Amendment at the Board’s regularly scheduled,
monthly meeting on July 8, 2002.

3. Ratification. Except as amended above, the Amended Declaration and the First
Amendment are ratified and affirmed in all other respects.

IN WITNESS WHEREOF, the Declarant and JMCW, intending to be legally bound
hereby, ‘have executed this Second Amendment the day and year first above written.
WITNESS/ATTEST: DECLARANT
OXFORD LAND, L.P.
JMCW, INC.

On this, the 23rd day of July, 2001, before me, Marina J. Long, the undersigned officer,
personally appeared Thomas P. Taylor, Esquire, known to me to be a member of the bar of the
highest court of the Commonwealth of Pennsylvania and a subscribing witness to the within
instrument, and certified that he was personally present when Stephen 1. Frost, President of
Oxford Land, L.P., a Pennsylvania limited partnership, whose name is subscribed to the within
instrument executed the same, and that said Stephen J. Frost acknowledges that he executed the
within instrument for the purposes therein contained on behalf of said limited partnership.

In witness whereof, I hereunto set my hand and official seal.


Notary Public
My commission expires:
Kennett Square Borough
Expires Dec. 23, 2002

COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER


On this, the 23rd day of July, 2001, before me, Marina J. Long, the undersigned officer,
personally appeared Thomas P. Taylor, Esquire, known to me to be a member of the bar of the
highest court of the Commonwealth of Pennsylvania and a subscribing witness to the within
instrument, and certified that he was personally present when Charles Wilkinson, President of
JMCW, Inc., a Pennsylvania corporation, whose name is subscribed to the within instrument
executed the same, and that said Charles Wilkinson acknowledges that he executed the within
instrument for the purposes therein contained on behalf of said corporation.

In witness whereof, I hereunto set my hand and official seal.

Notary Public

My commission expires:
L NOTARIAL SEAL
MARINA J. LONG. Notary Public
Kennett Square Borough. Chester County
My Commission Expires Dec. 23,2002

LEGAL DISCLAIMER:  The information contained in the documents posted on this web site is not 100% accurate.  The original documents were scanned and ".tiff" graphic files were created.  These ".tiff" graphic files were then processed through optical character recognition (OCR) software, which extracted the words from the graphic files.  These extracted words were then posted here to make the information handy and convenient.  Errors in the posted documents, due to the nature of OCR software, are not intentional, but they are inevitable and unavoidable.  If the original documents were to be posted, more than one hundred-eight and a half by eleven-pieces of paper, we would need a much bigger web site.

If any homeowner at Wiltshire at Oxford would like a copy of the original documents, they may contact CCR Management.  If a WAO homeowner would like a copy, on CD, of the ".tiff" graphic files used to produce these web pages, please send an email. Your request will be passed on to the correct party.  These web documents are intended only as a quick reference or guide, and are not legally binding representations of the actual documents.  Thank you for your patience and understanding in this matter.  END OF LEGAL DISCLAIMER