Declaration of Covenants, Conditions, and Restrictions  

Declaration      THIS DECLARATION, made on the date hereinafter set forth by TOM MISTICK & SONS, INC., hereinafter referred to as “Declarant”.

Witnesseth      WHEREAS, Declarant is the owner or contract owner of certain property in the Twenty- Sixth (26th) and Twenty-Seventh (27th) Wards of the City of Pittsburgh, Allegheny County, State of Pennsylvania, which is more particularly described in the Recorder of Deeds Office of Allegheny County, Pennsylvania, in Plan Book Volume 122, Pages 143-148, comprising ninety-one (91) Lots of proposed residential housing.

     NOW THEREFORE, subject to the rights of the Declarant herein, including the rights under Article VI hereof, Declarant hereby declares that all of the properties described on Exhibit A shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.  

Section 1: Association

     "Association" shall mean and refer to NEW ALLEGHENY HOMEOWNERS ASSOCIATION, its successors and assigns.

Section 2: Owner

     "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. With respect to the Declarant, the aforesaid definition includes not only the 13 Lots being developed in Phase I of the project, but also includes all Lots in the Properties, whether the Declarant his record title or equitable tile, which, at the time of the filing of this Declaration is total of ninety-one (91) Lots.

Section 3: Properties

     "Properties" shall mean and refer to that certain real property herein before described in Plan Book Volume 122 Pages 143-148, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4: Common Area

     "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described is follow: Parcels Wa, Wb (excepting and reserving a portion thereof as set forth in the deed of even date to the Association) Wc and Za.

Section 5: Lot

     "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.  At the time of the conveyance of the first Lot the lots in  Phase I of the development are as follows: 2-A-B-C-D-E, 3-A-B-C-D     and 4-A-B-C-D.

Section 6: Declarant

     "Declarant" shall mean and refer to TOM MISTICK & SONS, INC., its successors or assigns.