The opinion of the court was delivered by: James R. Kelley, Senior Judge
AND NOW, this 20th day of August, 2009, it is ordered that the Opinion filed on May 29, 2009, shall be designated OPINION rather than MEMORANDUM OPINION, and that it shall be reported.
Argued: November 11, 2008
BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE JOHNNY BUTLER, Judge, HONORABLE JAMES R. KELLEY, Senior Judge.
Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration's title to a disputed two-acre parcel of property, and Restoration's right of access to that two-acre parcel across a portion of the Association's property. We affirm.
By deed dated May 4, 1988, Genevieve Caldwell, Executrix of the Estate of Daniel Henuber conveyed a 3.1593-acre parcel of property bordering the Delaware River in Tinicum Township, Delaware County to Riverfront, Inc. (Riverfront). The parcel was purchased for $400,000.00, and the deed was recorded on May 6, 1988 with the Delaware County Office of the Recorder (Recorder) at Volume 570, Page 985. Reproduced Record (RR) at 102-105. The entire parcel was identified as Folio Number 45-00-01775-00 for the payment of property taxes due thereon to the County of Delaware Board of Assessment (Board). Id. at 102.
On March 6, 1991, a Site Plan for condominium development of the parcel was recorded with the Recorder at Plan Book 17, Page 80. Reproduced Record (RR) at 160. The Site Plan shows the construction of 34 units on a 1.089-acre parcel (one-acre parcel) of the property designated as "Phase I" (Riverwatch I). Id. The Site Plan shows an adjoining 2.0703-acre parcel (two-acre parcel) for use as a parking lot and boat slips designated as "Phase II" (Riverwatch II). Id. In addition, the Site Plan shows driveway access to the parking lot on the Riverwatch II two-acre parcel from Carre Avenue across a portion of the Southwest corner of the Riverwatch I one-acre parcel. Id.*fn1
On September 12, 1995, Riverfront filed a Declaration of Condominium (Declaration) with the Recorder at Volume 1398, Page 1178. RR at 114-159. The Declaration was signed by Anthony Grosso as president of Riverfront. Id. at 158. Sections 1.1, 1.2 and 1.3 of the Declaration state the following:
Section 1.1 Declaration of Condominium. [Riverfront] is the owner in fee simple of the property described as Exhibit "A", which is attached hereto and made part hereof which property is located in the Township of Tinicum, Delaware County, Pennsylvania (the "Property"). [Riverfront] hereby submits Phase I of the Property to the provisions of the Pennsylvania Uniform Condominium Act [(PUCA)*fn2,] thereby creating a condominium, which is to be known as RIVERWATCH CONDOMINIUM ([Riverwatch I]). [Riverwatch I] will be developed in two Phases on a portion of a larger property. A legal description of both Phases is attached hereto, made a part hereof and marked as Exhibits "B" and "C". The balance of the larger tract shall initially be organized as a separate condominium known as Riverwatch II Condominium. This property is described in Exhibit "D" and is flexible real estate*fn3 (the "Flexible Real Estate") which may be added to the Condominium under certain conditions set forth herein. Each phase [of the development of Riverwatch I], as well as the flexible real estate is identified on the Plats and Plans which are attached hereto, made a part hereof and marked Exhibit "E" (the "Plats and Plans"). Phase II [of Riverwatch I] is Convertible Real Estate as that term is defined in the [PUCA*fn4 ], and are marked "Convertible Real Estate" on the Plats and Plans.
Section 1.2 Size and Location. The Property consists of a total area of approximately, 1.080 acres more or less, as shown on the Plats and Plans..
Section 1.3 Number of Phases, Buildings and Units in Each Phase. The Condominium will contain 34 Units. Phase I [of Riverwatch I] consists of fourteen (14) Units in one (1) Building. Phase II [of Riverwatch I] will consist of one (1) Building containing twenty (20) additional Units..
In turn, Exhibit A of the Declaration contains a metes and bounds description of the Riverwatch I one-acre parcel which is bordered on the Southern side "at the edge of property now or formerly of Riverwatch II Condominium; thence by Riverwatch II Condominium the five following courses and distances.." RR at 115. Exhibit A also states that ...