"Parcel B" or more precisely referred to UPI 54-8-36 is a two acre plot of land that does not belong to our association yet has a sizable portion of building 100 located upon it. The term "Parcel B" is derived from the original plat and declaration filed by our developer, Mr. Edward W. Weingartner Jr. in 1986. In Mr. Weingartner's original design, Princeton Court was to be a village of cluster homes of the design of building 400.
The diagram on the right (click to enlarge) is a section of the original plat filed in 1986. Building 400 is referred to a #5 in the drawing and was one of the first set of homes built in the development. The design of these cluster homes was by Ann Capron, a local architect of some fame back in the 1980s and 1990s.
In the original design and plat, Mr. Weingartner defined two parcels, each of two acres of land. Parcel A which can also be seen in this section of the plat in the upper left defined a parcel of the Quaker farm House, Spring House, Barn and the land nearby. Parcel B defined a road front property along Street Road. Mr. Weingartner's stated intent in his 1986 filing was that the road front property of Parcel B was not to be part of our homeowner association; rather, it was to be developed as a single family residence. Two acres was the minimum lot size at the time in Willistown Township for single family residences.
The house that was originally on Parcel B, a single family rancher, was to be torn down to be replaced with a larger and more modern home. In the early days of the construction, this original rancher was used as a construction office. It was eventually torn down and not replaced.
Unfortunately, the village of cluster homes (which some say was planned to be its own homeowner association because of their unique design) was not to be. Because of the North American Wetlands Conservation Act of 1989 and the activism of residents of Willistown Township, Mr. Weingartner was required to change the original plan of our development to preserve some acreage of wetlands.
The location and types of buildings were changed. Road locations were moved. a detention pond was designed and implemented for storm water and the development of Princeton Court continued after a long lapse. The new design of the Princeton Court homes are townhouses, the largest style within the association.
Building 100 was constructed, half on association land, half on Mr. Weingartner's Parcel B. An item that was missed by local authorities was that Mr. Weingartner never changed the definition of Willistown Knoll to include Parcel B, UPI 54-8-36, and that he built one of the homeowner association's buildings partially on property not deeded to the association.
Also, prior to officially filing for permits to construct building 100, Mr. Weingartneer took out a construction mortgage of $225,000 to build the single family residence on parcel B from the Freedom Valley Bank of Westchester. A copy of this mortgage can be found here.
There is no record of this mortgage being satisfied. Freedom Valley bank no longer exists, the holder of the mortgage is currently the Wilmington Trust Company.
Occasionally, before his death, Mr. Weingartner would put the parcel up for sale. On the below right is a picture from 2009. He also tried to entice local developers into a project but was never able to find any takers.
While this may have seemed absurd, Mr. Weingartner also never turned over to the association, the deed for parcel 54-8-36.1. This is the land parcel for most of Princeton Court. While this land is clearly defined as part of our association in the original Declaration of 1986, our association does not have the recorded deed for another five acres. This was confirmed in a study commissioned by the Board in 2009.
1 Recent Court filings by the Association
On November 27, 2012, the Board of the association filed a Quiet Title filing against the estate of Mr. Edward W. Weingartner, Jr. in the Chester County Courts.
The court filing can be read here.
As this is a public filing, one can only wonder why the Board has not mentioned this to the homeowners. Also, the board budgeted only $5,000 for legal expenses for 2013. The filing requests a jury trial.
2 Kline Survey of 2009
Text needs editing.... The property contained within UPI#54-8-36 is as described in record book 3890, page 1533 less those units or pOliions of units within building #100 that lie within the original boundary of UPI#54-8-36.
The legal descriptions for units # 101-# 104 are deficient in that the prior deed recitals listed in the "being" clause are incorrect or incomplete.
The original Declaration for Willistown Woods II was clear in that it described all the property within the development except UPI#54-8-36.
The First Amended Declaration for Willistown Woods II and the deed by which Willistown Knoll Homeowners Association took title is deficient in the fact that the legal description does not describe all the area within the development. Further the legal description excepts out UPI#54-8-36.l, (see note #9 under Summary Section).