OPEN SPACE MANAGEMENT PLAN
FOR KENMARA
THIS OPEN SPACE MANAGEMENT PLAN is adopted as of the 25th day of January 1998,
by ROUSE/CHAMBERLAIN, LTD., a Pennsylvania Limited Partnership (the
"Declarant").
RECITALS
The Declarant has agreed with East Bradford Township to adopt this Open Space
Management Plan for the continued beauty, health and vitality of the open space
areas in Kenmara, a -residential development in East Bradford Township, Chester
County, Pennsylvania. The attached Final Title Plan (which is attached as
Exhibit "A" hereto) for Kenmara shows the areas designated as open space areas
1, 2, 3, 4, 5, 6A and 6B. Any references to "Open Space" or "Open Space Areas"
in this Plan refer to open space areas 1, 2, 3, 5, 6A and 6B. Open space area 4
(designated as "Park Land") is to be conveyed to East Bradford Township as a
public park and, hence, it shall not be subject to the terms of this Open Space
Management Plan.
PLAN
NOW, THEREFORE, Declarant, in consideration of the Recitals above and the
covenants set forth below, hereby covenants and agrees with East Bradford
Township that the Open Space Areas of Kenmara shall be maintained in accordance
with the covenants set forth hereinbelow, said covenants being intended to be
enforceable by the Township with respect to Declarant's obligations and,
thereafter, the obligations of the Kenmara Homeowners Association (the
'Association") to maintain the Open Space Areas as more fully set forth in the
Declaration of Covenants, Restrictions, Easements, Charges and Liens for
Kenmara, a Planned Community (the 'Declaration'), dated, January 28, 1998.
A. Title to Open Space.
Declarant will convey title to Parcels 1, 2 3, 5, 6A and 6B of the Open Space
and all easements related thereto to the Association. The timing of this
conveyance will be as set forth in Section 5.2 of the Declaration. The
obligations of the Declarant, with respect to this Open Space Management Plan,
shall transfer to the Association along with the conveyance of title.
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B. The Open Space and the Open Space Management Plan.
In order that the Open Space and any improvements thereon will continue to be an
attractive and viable addition to Kenmara, it is necessary to establish herein
an Open Space Management Plan for their continued maintenance and possible
future enhancement by the Association.
The land intended to serve as the Open Space for the Community is divided into
the following areas:
Open Space Area "1" consists of 1.717 acres and is located toward the southwest
corner of the' Kenmara property, at the northwest corner of the intersection of
Copeland School Road and the new road (known as Galway Drive on the title plan)
adjacent to Lots 1, 2 & 3. Open Space Area 1 will be used primarily as the
situs for stormwater management basin No. 1. Declarant may erect a subdivision
"entrance sign or feature" within this Area.
Open Space Area "2" is an area of 0.963 acres, located immediately to the north
of Lot 22 and is bounded on the northwest side by the proposed Township Park
Land (Open Space 4). Open Space Area 2 will be used primarily as a situs for
stormwater management basin No. 3.
Open Space Area "3" consists of 20.036 acres, and is located along the sour-hem
and southeastern periphery of the Kenmara tract. Open Space Area 3 contains
wetland areas as shown on the plans, is the situs for stormwater management
basin No. 2, and contains some steeply sloping areas. The area is a mixture of
wooded and meadow conditions, with a majority of the steep slope areas being
wooded.
Open Space Area "4" is the Township Park Land, and is not part of this Open
Space Management Plan.
Open Space Area "5" consists of 7.514 acres in the central portion of the
Kenmara tract. This area is primarily grassy meadow.
Open Space Areas "6A' and "6B" are small parcels (0.27 acres and 0.26 acres,
respectively) located on either side of Kenmara Drive, at its intersection with
Copeland School Road. These areas may be bermed and/or landscaped to provide an
attractive setting for the entrance to Kenmara from Copeland School Road.
Declarant may erect a subdivision "entrance sign or feature" within each of
these are-as. These areas will have traditional grass lawn instead of meadow
conditions.
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There are no physical improvements proposed upon the Open Space Areas, other
than the stormwater management basins and entrance signs/features as above
referenced or other underground utilities and associated manholes,
transformers, or similar aboveground appurtenances to service underground
facilities. The Declarant may construct a tot lot and associated access pathway
or other recreational facility within an Open Space Area upon approval of East
Bradford Township. Otherwise, the Open Space Areas are intended to remain in
their unimproved condition.
C. Implementation of Open Space Management Plan.
It is Declarant's intention to maintain the Open Space in as close to existing
conditions as is reasonably practical. For the purposes of implementing this
plan, existing conditions are defined based upon the Plan of Natural Features,
Sheet 3 or 21 of the approved plans for Kenmara. Wooded areas are those shown
as wooded on Sheet 3. Existing or proposed meadow areas shall be all other open
space. Declarant shall, until such time that Declarant conveys title to the
Open Space Areas to the Association, and the Association thereafter, at least
once every two (2) years, arrange for the physical examination of the Open
Space by a professional landscaper, landscape architect, or person similarly
qualified for the purpose of monitoring maintenance and conditions in
accordance with Sections E, F, & G of this Plan and recommending actions
necessary to conform with those Sections. The East Bradford Township Planning
Commission shall be given notice of the date and time of each such examination
and Planning Commission representatives shall be entitled to be present during
such examinations and to act as an informal advisor to the Association. The
Association's consultant shall be required to prepare a written report of each
physical examination, a copy of which shall be made available to the East
Bradford Township Planning Commission. It is anticipated that the successive
biannual reports will further the implementation of this Open Space Management
Plan.
D. Management of Open Space.
The Association, or the Declarant until transfer of title to the Association,
shall maintain and manage the Open Space at the Association's expense. The
Association shall be empowered to contract with such Open Space management
consulting firms, and other Similar entities having experience in the
management of Open Space Areas, for the purpose of delegating to such entities
the responsibilities and obligations of the Association with respect to the
Open Space pursuant to the terms of this Open Space Management Plan as the
Association shall determine to be appropriate.
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E. Stormwater Management Facilities in the Open Space Areas.
The Declarant, until conveyance to the Association, and thereafter the
Association shall be responsible for maintaining the stormwater management
facilities located in the Open Space Areas in good, clean, unobstructed and
proper operating condition. The aforesaid maintenance obligations shall include
normal and routine surface maintenance, mowing of grass, and removal of debris,
as well as any structural maintenance which may be required for proper
operation and performance of the stormwater management facilities.
Stormwater management basins shall be vegetated with plant materials compatible
with wet-conditions. Turf areas shall be seeded with ecological mixtures
specifically designed for these areas subject to extended periods of dampness
with alternating periods of dryness and may be allowed to naturalize to reduce
or eliminate the need for mowing.
F. Wooded Open Space Areas.
The Declarant, until conveyance to the Association and thereafter the
Association shall super-vise, manage, operate, examine, inspect, care for,
remove litter and debris, and maintain the wooded areas of the Open Space. The
Association shall leave all existing woodlands and trees in a natural state and
may remove (but is not required to remove) only those trees that are dead, or
diseased and shall engage only in such activities as are consistent with good
forest management techniques. Permitted uses in the wooded areas shall include
hiking, walking, nature study (including bird watching) and the study of other
flora and fauna, picnicking and such other passive recreational uses as shall
be approved by the Association and East Bradford Township.
G. Meadows and Controlled Growth.
It is the 'intention of Declarant to leave much of the Open Space meadow areas
in a natural or turf condition following development. The Association shall
maintain these areas following development, including a duty to supervise,
manage, operate, examine, inspect, care for, remove litter2nd debris and, when
required, to restore the meadow area. The meadow area shall be mowed at least
twice each year, once on or before June 15 of each year. As noted above, it is
Declarant's intention to maintain the Open Space, including the meadow area, as
close to g condition as is reasonably practical, with the understanding that
Declarant, during such time that the Declarant owns the Open Space, and the
Association thereafter will monitor the implementation of this Open Space
Management Plan by way of the physical inspections of the Open Space which
shall occur at least once every two years. Existing tilled areas shall be
seeded for conversion to meadow in the Open Space. Pasture grasses and/or
wildflower seeds may be sown or other desired pasture plantings introduced.
Existing hedgerows may be preserved and
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volunteer trees of desirable native species, such as various species of oak or
sugar maple, may be tagged so they may be avoided during mowings. Such trees
shall only be allowed to remain in meadow areas as individual specimens not
sufficiently close to any other trees to form a continuous canopy at maturity
or to otherwise disrupt the view of the meadow area from any public road.
Where Open Space areas are located adjacent to the side lot line of a new home
lot and are less than 150 feet wide at that point, the area shall be maintained
as a turf lawn rather than a meadow condition. These areas will be planted with
a traditional grass mixture. These areas include the following: Open Space Area
6A, Open Space Area 6B, and between the side lot lines of lots 56 & 57) 29
& 30, 35 & 46, 45 & 52, 22 Basin 3, 65 & Parcel A.
H. Enforcement Rights of East Bradford Township.
The Declaration provides that in the event the Association fails to undertake
and carry out any duty or obligation imposed upon the Association with respect
to the Open Space and such failure continues after written notice from East
Bradford Township and a reasonable opportunity to cure (said notice not
required in the event of an emergency), East Bradford Township shall have the
rights and easements specified in Article IX of the Declaration to undertake
and perform such duty or obligation.
IN WITNESS WHEREOF, the Declarant has caused this Plan to be executed as of the
date first written above.
ROUSE/CHAMBERLIN, LTD., a Pennsylvania
Limited Partnership, by its managing General
Partner, R/C Management Corp.
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CORPORATE ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA :
: ss
COUNTY OF CHESTER :
On this 28th day of January 1998, before me, a Notary Public personally appeared
Sarah E. Peck who being first duly sworn acknowledged-himself/herself to be the
President of R/C Management Corp., a corporation, and that he/she as such
President, being authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing the name of the corporation by
himself/herself as an officer thereof.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Elva C. Johnson
Notary Public
My Commission Expires:
December 18, 2000
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