Covenant plat 3 highlighted

TIIE ROLAND PARK ROADS & MAINTENANCE CORPORATION P.O. BOX643

RIDERWOOD, MARYLAND 21139-0643

TELEPHONE (410) 494-0125

1909 PLAT 3 - DECL<\.RATION

FAX (410)

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9F COVENANTS, CONDITIONS AND RESTRICTIONS, 1990

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Made this _ day of_ , 1990, by and between ROJ.AND PARK ROADS A.'\JD MAINTENANCE CORPORATION (hereinafter called "Maintenance Corporatio�). a body corporate of the State of Maryland, party of Lhe first part, and the several individuals who are subscribers to this Declaration in the capacity of owner (the "Owners") of lot (the "Lots") situated in Plat No. 3 of Roland Park and/or the "Addition" thereto consisting of the plats or copies of plats filed or recorded among the Land Records of Baltimore County, Maqfand, as follows: Plat No. 3 recorded November 5, 1903, in Plat Book J. W. S. No. 2, folio 127; Plat of Resurvey of Section 2 of Plat No. 3, recorded June 17, 1905, in Plat Tube No. 9 and subsequently transferred to Plat BookJ. W. S. No. 2, folio 228; Plat of Addition to Plat No. 3, recorded March 6, 1907, in Plat Book]. W.S.No. 2, folio 279; Plat, showing the extension of Club Road from St.John's Road to Bla<:kbe1Ty Lane in Plat No. 3, recorded Aprrl 23, 1909, in Plat Bookj.

W. S.No. 2, folio 398; Plat atlached to the deed from Roland Park Company of Baltimore City toJohn Roach Straton, dated May 19, 1908, and recorded July 11, 1908, in Plat Bookj. W. S. No. 2, folio 347; Resun•ey of Section 3 of Plat No. 3, recorded January 25, 1913, in Plat Book W. P. C. No. 4, folio 56; Oakland, being a resurvey of Lots 125-129 in Plat No. 3, recorded May 22, 1913, in Plat Book W. P. C. No . 4, folio 79. The hereinabove described parcels of land shall sometime hereinafter be referred to as ''Plat No. 3" orche "Property".

WHEREAS, Plat No. 3 of Roland Park was originally stibjecl lo restrictive covenants running with the land; and WHEREAS, said covenants were most recently renewed in an Agreement dated December 31, 1956, and recorded among the Land Records of Baltimore City, Maryland in LibcrJ. F. C., folio 360; and WHEREAS, said covenants, except for the oblig,nion to pay l\faintenl'lnce Ta.xes, have expired; and WHEREAS, the remainder of Roland Park generally remains subject to resti-ictive covenants; and WHEREAS, the revised covenants as set forth in this Declaration would 1·einstate substanLially the original covenants and keep Plat No. 3 consistent with other pa1 ts of Roland Park; and 'WHEREAS, the undersigned Owners of Lots located within Plat No. 3 believe it is in their best interests to subject the Property to the revised covenants to maintain the traditional character of Roland Park.

NOW THEREFORE: In consideration of the above, and of the mutual promises as se[ forth in this Declaration of the other signatories hereto, the undersigned Owners agree to subject the Property and their Lots to this Declaration of Covenants, Conditions and Restrictions as follows: 1. 1o shop, sto1·e, facto111, saloon or business house or establishment of any kind, halfway house, medical treatment facility, congregate care facility, long term care facility, hotel, motel, community residence, fraternity or sorority house or any type of fraternal or institutional use, charitable institution or other facility of like or kindred nature shall be erected or n1aintained on any Lot, but the Lots shall be occupied and used for residential purposes only and not otherwise.

2. There shall not, at any Lime, be more than one (1) single family residence or single family dwelling house on any Lot. Notwithstanding the immediately preceding sentence, however, if there exists on any lot, as of the date of recording of the Declaration, a su·ucture containing more than one (1) residential dwelling, then such use may continue as hereinafter provided and for purposes of the Declaration, shall be considered a non-conforming use; provided, howe\'e1·, that upon any change from such non-conforming use to any other use whatsoever or any abandonment or discontinuance of such nonconforming use for a period of one

(1) year or more, or in the case that said structure shall be damaged by fire or other casualty to the extent of fifty-one per cent (51%)

of its replacement cost at the time of such loss, then the right to continue or resume such non-conforming use shall

terminate and thereafter, said Lot may be used only for single family residential purposes. Nothing contained in this Declaration shall be construed to permit any Lot to be used for any purposes which are illegal or not permitted under applicable law.

3. No residence or dwelling house containing less that two thousand (2,000) square feet shall be erecte1 or maintained on any Lot. 4. No structure shall be started, erected, maintained, altered or converted on any Lot until the plans therefore, including specifications of construction, design, and color scheme, and a plat location plan showing the location and grace of driveways, walks and structures of every kind Lo be erected, have been submitted to and approved by Roland Park Roads and Maintenance Corporation, it successors or its assigns, of the._fights. "Structure" shaH mean and refer to any thing, a1teration or device, (other than trees and shrubbery) the placement of which upon any Lot may affect the appearance of such Lot. Said Corporation, in passing on said plans, shall consider the proposed use of the proposed su·ucture, the material of which it is to be constructed, its color and design, the harmony thereof with the surrounding area and properties, its location and the outlook it presents on surrounding propenies. No fence, signs, billboards or advertising sign of any kind shall be erected on any lot unless appro,·ed, in writing, by tl1e Corporation. These covenants supersede any preceding co,·enants with respect to the applicable Lot except these will not change any provision regarding assessment I

• charges or liens.

5. No residence, dwelling house or any other structure or any part thereof shall be erected or kept within thirty (30) feel of any street.

6. (a) ro hazardous substances or materiaJs or strncture to hold such substances or materials (including, bul not limited lo, gasoline storage tanks) shall be kept, placed, maintained or constructed on the Property. (b) No more than three (3) household pets (cats 01· clogs) shall be kept permanently on any Lot, and such pets as are permitted shalJ not be kept or maintained for commercial purposes or for breeding. (c) No nuisance of any kind shall be maintained or allowed on the Property, nor shall the Property, or any portion thereof, be used in any way whatsoever which shall be noxious or dangerous to health. (d) No lumber materials, bulk materials, refuse or trash shall be kept, stored or allowed to accumulate on any Lot. (e) No vehicle on which current registration plates are not displayed shall be kept upon the Property. (f) No temporary building, tent (other than temporary tents for parties an.cl similar functions for which the tent is erected and maintained for less than 48 hours) or trailer, van or recreational vehicle shall be permitted on the Property without the prior written approval of the Maintenance Corporation, including any su·ucture placed upon any Lot, such as a mobile home, manufactured home or modular house. (g) No unlawful use shall be made of the Property or any portion thereof, and all laws, zoning and other ordinances and regulations of governmental and other municipal bodies and the like shall be observed at all times.

7. If any structure or any alteration thereto of any kind be erected or maintained, or if any use shaJl be made of any Lot, in violation. of any of the covenants herein set forth, the Owners of said Lot, upon written notification by the Maintenance Corporation of said violation, shall at once take such remedial action including tearing down or removal in such manner as the Maintenance Corporation r

may direct. If the violation has not been corrected within thirty (30) days f om the elate of said r

notification f om the Maintenance Corporation, the Maintenance Corporation, it agents, servants and employees, shall at all times have the right to enter upon the Lot and perform such remedial action, including tearing down or removal of any structure or aJteration lhereto erected, and in such

event, the Maintenance Corporation, it agents, servants and employees, shall not be liable to any action or suit of any kind by the Owner of the Lot, the cost of such remedial action, including legal fees and the tearing down or removal, provided that such recovery shall be had only against the person or persons violating the covenants after notification from the Maintenance Corporation. In addition, the Maintenance Corporation shall have the right to enforce the provisions of this Declaration and shall be entitled to all remedies at law and equity, including, but not limited to, specific performance, injunctive relief, legal fees and damages.

8. The parties hereto agr\:!e that the obligation to pay Maintenance Taxes is set forth in prior covenants applicable to the Property, and they hereby manifest their consent to the continued payment of such M?_i:�ltenanc<; taxes in perpetuity.

9. It is agreed that1this Declaration of Covenants, Conditions and Restrictions shall be held to run with and bind the Property in perpetuity and shall be binding upon the parties hereto, their heirs, successors, personal representatives and assigns. This Declaration, however, may be amended by the mutual written agreement of the Maintenance Corporation and sixty per cent (60%) of the Owners of the Lots which are expressly made subject to this Declaration by the execution hereof by the Owner of said Lot. 10. Nothing herein contained shall be construed to constitute a dedicaJion of any or all of the â&#x20AC;˘ Property for public use.

11. The enforcement of this Declaration will prirnadly rest with the Maintenance Corporation but, in the unreasonable default of exercise of said power by the Maintenance Corporation, then said power may be directly enforced by the Owners of Lots made expressly subject to this Declaration.

12. The main purpose and object of this Declaration is to continue and preserve the general character and use of the Property as a purely residential neighborhood of the same general character and nature as now exists, in accordance with the provisions of this Declaration and in accordance with prior applicable restrictions of record.

13. This Declaration is binding upon and shall inure to the benefit of, the parties hereto and their heirs, successors, personal representatives and assigns.

IN WITNESS WHEREOF, the party of the first part has caused its corporate name to be signed hereto by its President and its corporate seal to be hereto duly affixed, duly attested by its Secretary. and the parties of the second part have hereunto signed their names and affixed their seals.

ATTEST: PORATION

ROLAND PARKS ROADS AND MAINTENANCE COR-

By ______ (SEAL) __________________________ ___________ Secretary------------- President WITNESS: (SEAL) Property Address: Property Address: (ACKNOWLEDGMENTS TO BE ADDED)