Section IV (Lots 40-80)

DECLARATION OF RESTRICTIONS

CRESTVIEW SECTION IV

[Lots 40-80]

WHEREAS Crestview Land Partnership, a Maryland general partnership, is the owner of certain tracts or parcels of land situate, lying and being in the Fourth Election District of Kent County, Maryland, and shown on and described on a Plat, entitled “Section IV ‘Crestview’ Fourth District, Kent County, Maryland”, dated September 20, 1989 and prepared by McCrone Engineers, Planners and Surveyors, and recorded among the Plat Records for Kent County, Maryland at Plat Book E.H.P. No. 3 Folio 57.

WHEREAS Crestview Land Partnership has formulated and intends to place in effect a general plan for the order, efficient and harmonious utilization of the aforementioned tracts or parcels, and every part thereof; and

WHEREAS the success of such plan or scheme depends upon such tracts or parcels, and every part thereof, being made subject to the several covenants, agreements, easements, restrictions, conditions and charges hereinafter set forth; and

WHEREAS Crestview Land Partnership intends for the aforesaid reasons and purposes to subject these said tracts or parcels and every part thereof, to all of such covenants, agreements, easements, restrictions, conditions and charges for such period or periods of time as may be hereinafter specified;

NOW, THEREFORE, WITNESSETH, that the said Crestview Land Partnership, owner as aforesaid, does hereby create, declare, establish and impose the following covenants, agreements, easements, restrictions, conditions and charges, to run with and bind the aforesaid tracts or parcels of land, and every part thereof, to wit:

ARTICLE I

USE OF LAND

The said lands and premises shall be used for private residential purposes only, and no building of any kind whatsoever shall be erected or maintained thereon except (a) private dwelling houses, each dwelling being designed for occupancy by a single family and its domestic servants, and (b) private garages for the sole use of the respective owners or occupants of the lots upon which such garages are erected, any of which garages may contain living quarters for one or more domestic servants of the owners of the lot upon which such garage is erected, and (c) such outbuildings as are customarily appurtenant to residences, including but not limited to, swimming pools and structures accessory thereto.

Not more than one residence shall be erected or maintained upon any lot or parcel hereafter conveyed by the Developers.

Each residence shall contain a minimum of 1800 square feet of floor space not including garages, breezeways or porches.

No accessory building, outbuilding or other structure shall be erected or maintained prior to the erection of the main residence thereon with the exception of temporary structures used in connection with the construction of the residence. All such temporary structures shall be promptly removed when no longer needed in connection with such construction.

ARTICLE II

APPROVAL OF PLANS

No building, fence, wall, driveway, underground tank (except heating fuel tank), septic systems or other structure whatsoever, and no subsequent remodeling of or addition thereto, shall be commenced, erected, maintained or altered upon such land until the plans and specifications showing the nature, kind, object, height and other dimensions, shape, materials, exterior color scheme and location of such structure shall have been submitted to and approved in writing by the Developers or their nominee designated by them to exercise their powers hereunder.

No trees shall be removed without the prior written consent of the Developers or their nominee, it being the intent of the Developers to preserve the park-like nature of the area and to preserve the existing aesthetic and scenic qualities throughout the neighborhood. Within six months of construction commencement, shade trees of the approved type are to be planted at 50 ft. intervals, 10 feet back from front property line and should conform, as nearly as possible, to this 50 foot distance from adjacent property owner’s trees, if already planted.

Lots 58, 59 & 60 can only be cleared of trees within the building envelope shown on the plat and even then only pursuant to a written forestry plan approved by the State forester.

ARTICLE III

PROHIBITION OF COMMERCIAL USE OR NUISANCE

No trade or business of any kind or character, nor the practice of any profession, nor any building designed or intended for use for any purpose connected with any trade, business or profession, shall be erected, permitted, maintained, conducted, or operated upon any of the land included within said tract.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats, or other household pets may be kept provided that they are not allowed to run at large. The number of outside dogs and kennels is limited at two.

No boats, recreational vehicles, trucks in excess of one-half ton, or buses may be maintained, parked or stored on the premises.

All lots shall be maintained free from trash, weeds, undergrowth, discarded vehicles and equipment. Developers or their nominee reserve the right to enter upon any lot and remove trash, disused vehicles and equipment and to cut grass, weeds and undergrowth at the lot owner’s expense.

All trash and refuse shall be kept in a clean and sanitary condition and shall be so maintained as to keep such items, from public view.

No commercial signs of any kind shall be permitted on any part of said lands and premises, except real estate “for sale” signs and building contractor and subcontractor signs only during the periods of sale or construction.

No nuisance shall be permitted or maintained upon any of said property.

ARTICLE IV

COMPLIANCE WITH REGULATIONS

All construction, building, electrical, and plumbing work must be performed in accordance with the BOCA Code, whether or not such ordinance is enacted in Kent County.

All construction of the approved plan shall be completed within one year of commencement.

ARTICLE V

EASEMENTS RESERVED

Easements and rights of way are hereby expressly reserved in, on, under and over a strip 10 feet inside the perimeter of each lot or parcel hereafter conveyed by the Developers. In addition to which, certain other easements are shown on the recorded plat of the subdivision and are hereby reserved. Such easements and rights of way shall be for the following purposes:

For the erection, construction and maintenance of wires and conduits, including underground installations, and the necessary or proper attachments in connection therewith for the transmission of electricity and for telephone and other purposes.

For the construction and maintenance of stormwater drains, land drains, public and private sewers, pipelines for supplying gas, water and heat, and for any other public or quasi-public utility or function conducted, maintained, furnished or performed by or in any method beneath the surface of the ground.

All persons thereunto lawfully authorized by the Developers shall have the right to enter upon said reserved areas of land for any of the purposes for which said easements and rights of way are reserved.

ARTICLE VI

USE OF ROADWAYS

The Developers hereby give and grant to the owner of any lot or parcel, hereinafter conveyed by the Developers, the right to use the roadways. The Developers reserve to themselves, their heirs, executors, administrators, and assigns, however, the right to convey said roadways to Kent County.

ARTICLE VII

RIGHT TO MODIFY

The covenants, agreements, conditions, reservations, restrictions, and charges created and established herein may be waived, abandoned and terminated, modified, altered or changed with the written consent of the owners of seventy-five per centum of the total area of the entire tract. No such waiver, abandonment, termination, modification, or alteration shall become effective until a proper instrument in writing shall be executed and recorded in the Office of the Clerk of Court, Kent County, Maryland. Provided, however, that this article shall have no application so long as the Developers shall be the owners of a portion of said tract, unless said Developers shall evidence its consent to such waiver, abandonment, termination, modification or alteration, by joining in the execution of such instrument in writing.

ARTICLE VIII

RIGHT TO ENFORCE

The provisions herein contained shall run with and bind the land and shall inure to the benefit of and be enforceable by the Developers or the subsequent owner of any land included in said tract, their respective legal representatives, heirs, successors and assigns, and failure by the Developers or any subsequent owner to enforce any restriction, condition, covenant or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequently thereto.

ARTICLE IX

RIGHT TO ASSIGN

Any or all of the rights and powers, title, easements and estates reserved or given to the Developers in this Declaration at the election of the Developers may be assigned to any one or more persons, corporations, or associations which will agree to assume said rights, powers, duties and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its consent to the acceptance of such rights and powers, and such assignee or transferee shall thereupon have the same rights and powers, and be subject to the same obligations and duties, as herein given to and assumed by the Developers who will thereupon be released therefrom. It is anticipated that this will be accomplished no late than

All of the rights, duties and obligations of the Developers hereby created shall inure to and be binding upon their heirs, executors, administrators and assigns.

ARTICLE X

LANDS AFFECTED

Only the tract of land hereinabove described shall be subject to and bound by the provisions hereof and none of said provisions shall affect or apply to any other lands of the Developers.

ARTICLE XI

The above covenants, conditions and restrictions shall be binding until January 1, 2000, and shall automatically continue thereafter for periods of ten (10) years unless at least two (2) years before January 1, 2000, or two years before the expiration of any subsequent period of ten (10) years, the owners of 75% of the total area of the entire tract, conveyed to the Developers as aforesaid, shall execute and acknowledge a Declaration releasing after such period or periods, all or any part of the land affected, and shall record the same in the Office of the Recorder of Deeds aforesaid.

IN WITNESS WHEREOF, the said Crestview Land Partnership has hereunto set its hand and seal the day and year first above written.

Witness: CRESTVIEW LAND PARTNERSHIP

Ethel W. Clark (signature) Charles W. Sommers (signature)

By: Charles W. Sommers,

Managing Partner

 

STATE OF Maryland

COUNTY OF Kent

 

I HEREBY CERTIFY that on this 7th day of November, 1989, before me the subscriber, a Notary Public in and for the State and County aforementioned, personally appeared CHARLES W. SOMMERS, Partner, and made oath in due form of law that the matters and facts contained herein are true and correct and the same was signed voluntarily.

 

My commission expires:

July 1, 1990 Ethel W. Clark (signature)

Notary Public