|HARUNDALE DEEDS AND AGREEMENTS
This pamphlet is a combination of all the covenants, agreements, easements, restriction, conditions and charges affecting Sections 1 to 7 of the Plat of Harundale as described in the following two deeds recorded among the land Records of Anne Arundel County:
If necessary, please contact the Land Records of Anne Arundel County, Maryland, for exact wording of covenants in question.
Harundale Civic Association, Inc.
The word “street” as used in this deed is intended to mean any street, avenue or other thoroughfare shown on said Sections 1 to 7 inclusive, or hereafter laid out in said Sections, whether designated as street, avenue, road, place, lane, pathway or otherwise.
A “front street” shall, as to any lots shown on Sections 1 to 7 inclusive except a corner lot, be deemed a street not less than fifty feet in width upon which the particular lot abuts. A corner lot shall be deemed to front on the street not less than fifty feet in width, upon which it has its smallest frontage, except in cases where the Company shall designate in this deed or any deed conveying any corner lot hereafter made by it, the street on which such corner lot shall thereafter be considered as fronting.
The word “plot” as used in this deed, is intended to mean any piece or parcel of land on which, in accordance with provision hereof, or of any deed from the Company hereafter transferring title thereto there shall be erected thereon or the owner shall have the right to erect thereon a single family residence or multi-family apartments or dwellings; a plot may consist of a single lot or more than a single lot.
The words “Section 1 to 7 inclusive” as used in this Deed are intended to mean all the land shown on and included in said Sections, which Sections are a part of the whole tract of land known as Harundale, the boundaries of said whole tract being shown and included in an Outline Plat of said tract duly recorded among the Land Records of Anne Arundel County prior hereto, which Outline Plat is subdivided into seven sections, each section is recorded.
The words “tract,” “tract of land” as used in this deed are each intended to mean all the land shown on and included in said Outline Plat.
No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
Paragraph II is VOID.
The Purchaser will not cause or permit any commercial breeding of any type of domestic or wild animal, but this covenant shall not prevent the occupant of the premises from keeping domestic pets.
Use of Land in Sections 1 to 7 Inclusive.
The land included in Sections 1 to 7 inclusive, except as hereinafter provided, shall be used for residential and non-commercial purposes only, and no building of any kind whatsoever shall be erected or maintained thereon except dwellings or private dwelling houses designed for occupancy by single family, and private garages and other accessory buildings, as hereinafter defined, for the use of the respective owners or occupants of the plots upon which such garages and other accessory building are erected, and multi-family apartments in Section 3 to 7 only.
Buildings for residential and non-commercial use may be erected in Block 11A, Section 1, provided, however, that no building shall be erected, maintained or used for non-commercial purposes unless in each case there shall have been filed in the proper office of record a deed or other instrument in writing executed by the Company approving, specifying and limiting the non-residential uses to which such non-commercial buildings may be put.
Buildings for a commercial or shopping center may be erected in Blocks 34 and 34, Section 4 as provided in the aforesaid deed dated May 22, 1947 recorded among the Land Records of Anne Arundel County in Liber J.H.H. No. 414, Folio No. 147. Blocks 34 and 35 designated on the outline Plat aforesaid as “Commercial Reserved” shall not be bound by the provisions of Sub-Divisions IV to VII inclusive stated hereinafter. Buildings for “non-residential and non-commercial” use may be erected in those areas so designated on the outline Plat of Harundale recorded among the Plat Records of Anne Arundel County in Cabinet No. 3, Rod F-2, Plat No. 1 of said County provided there shall have been filed in the proper office of record a deed or other instrument in writing executed by the Company approving, specifying, and limiting the non-residential uses to which such non-commercial buildings may be put.
No trailer, tent, shack, garage, barn or other out-building erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
There shall not be erected, permitted, maintained, or operated any privy, cesspool, vault or any form of privy except such sewerage system as may be approved by the Company; and no sewerage shall be permitted to be drained into any pond, lake or stream within Harundale.
The road and street layout in that portion of Section 7 south of the Maryland Electric Railroad Company’s right of way and layout of Blocks 52 to 58 inclusive with the lots included therein on the same side of such right of way, not now ready for development, may be later replatted so as to amend or change such layout as shown on said plat of Section 7 recorded at this time and a revised plat of this portion of Section 7 later filed among the land records of Anne Arundel County after securing the prior written approval of the Baltimore FHA office to such plat revision.
On all lots in Section 1 to 7 inclusive which are improved by a single family residence, no other building or structure of any kind whatsoever shall be erected, placed or altered by the Purchaser, saving and excepting a one or two car detached or attached garage; the erection, placement or alteration of small accessory buildings such as summer houses, storage sheds, fences and other forms of enclosures may be permitted only after submission to and approval by the Company, or its successors and assigns, of the plans, specifications and plot location for the same as provided in Sub-Division VII below.
No single family detached residence shall be erected or placed on any building plot in Sections 3 to 7 inclusive which plot has an area of less than 5,000 square feet or a width of less than 50 feet at the front building setback line. No dwelling costing less than $5,000.00 shall be permitted on any lot in said sections. The ground floor area of the main structure of single family detached residences, exclusive of one-story open porches and garages, shall not be less that 780 square feet.
Set-Backs Applicable to Sections 1 to 7 Inclusive.
No building or part thereof, except as hereinafter provided shall be erected or maintained on any part of said Sections 1 to 7 inclusive closer than twenty-five (25) feet to any street fifty (50) feet or more in width on which the plot upon which said building is erected fronts. In the case of a corner lot in Sections 1 to 7 inclusive, no building or part thereof, except as provided hereinafter, shall be erected or maintained on any part of said sections closer than twenty (20) feet to the side street fifty (50) feet or more in width which intersects the street on which the plot upon which such building is erected fronts.
Unenclosed covered porches, the floors of which are not higher than the level of the first floor of the building may encroach on such restricted areas by projecting thereon not more than twelve (12) feet. Uncovered porches and terraces may encroach on such restricted areas by projecting thereon not more than fifteen (15) feet.
Single story bay, bow and oriel windows, (exclusive of foundation or other support) may encroach on such restricted areas by projecting thereon not more than three (3) feet.
No building or structure as provided herein shall be erected or permitted nearer than seven and one-half (7-1/2) feet to the rear line of any plot bearing a seven and one-half (7-1/2) foot easement in the rear as shown on Plats of Sections 1 to 7 inclusive. On other lots not charged with such an easement, no building or structure as provided herein, shall be erected or permitted nearer than two (2) feet to the rear line of any plot, except that multi-family apartments or dwellings may extend across lot lines into two or more lots.
A garage or other accessory building as provided herein, shall not be erected closer than sixty-five (65) feet to any front property line in the case of all plots with an average depth of ninety-five (95) feet or more, nor closer than fifty (50) feet to any front property line in the case of all plots with an average depth of less than ninety-five (95) feet, nor closer than thirty (30) feet to any side street fifty (50) feet or more in width. Similarly, no garage or accessory buildings shall be erected closer than two (2) feet to any side lines of any plot.
The Company shall in all cases have the right to say and determine which are the front, side and rear lines of any plot, and also the amount of setback from said lines necessary to conform to the requirements hereof, and the Company’s judgment and determination thereon shall be final and binding.
Side Yard Requirements for Sections 1 to 7 Inclusive.
Free or open spaces shall be left on both sides of every single family detached residence erected in Sections 1 to 7 inclusive which free spaces shall extend the full depth of the plot. The minimum width of such free space to be left on either side of such detached residence to the property line of any lot shall be seven (7) feet or two (2) feet in the case of any garage or accessory building as hereinabove permitted.
Uncovered porches and terraces may however be built and maintained within any part of such free or open spaces so long as they do not encroach within two (2) feet of a plot division line. Multi-family apartments or dwellings in Sections 3 to 7, may also extend across lot lines into two or more plots.
Lot Coverage for Sections 1 to 7 Inclusive.
Lot coverage for single family detached residences in Sections 1 to 7 inclusive shall not exceed the following:
Approval of Plans for Sections 1 to 7 Inclusive.
No buildings, (additions or accessory), fence, wall or other structure shall be commenced, erected or maintained, nor shall any addition to or change or alteration, therein be made until the plans and specifications showing the nature, kind, shape, heights, material, floor plans, location and approximate costs of such structure shall have been submitted to and approved in writing by the Company, its successors and assigns and a copy thereof as finally approved lodged permanently with the Company. The Company shall have the right to refuse to approve any such plans or specifications which are not suitable or desirable in its opinion, for aesthetic or other reasons and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed building or other structure and of the materials of which it is built to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property.
In no event shall a fence, natural or artificial, be erected along the front of a residential property paralleling the street, but rear and side yard fences may be erected as provided herein, so long as the side yard fence does not extend beyond the building setback line established by Sub-Division IV above. No resident, in attempting to sell or lease his property shall display more than one sign which shall not be larger than four (4) square feet in size.
Right to Modify.
The Company, its successors or assigns hereby expressly reserves the right in its absolute discretion at any time to annul, waive, change or modify any of the restrictions, conditions and covenants so long as such changes do not substantially affect the rights of any Purchaser. Where any Purchaser’s rights are so affected, before any such change can become operative, all affected Purchasers must indicate their consent and approval to the change by joining in an appropriate written agreement to be recorded among the Land Records of Anne Arundel County.
Easements Reserved in Sections 1 to 7 Inclusive.
Easements and rights of way for utility purposes and functions are hereby expressly reserved to the Company, its successors and assigns, all as more particularly shown on Plats of Harundale Sections 1 to 7 inclusive which are recorded or intended to be recorded among the Plat Records of Anne Arundel County.
Easements in and over those lots designated as charged with such easement shall be subject to the following uses and conditions:
The Company also reserves an easement and right of way along the dividing lines between lots and along all rear boundary lines for the location of electric or telephone poles and lines and wires may be strung between the above mentioned poles and to any building from the nearest pole thereto. Where necessary, anchors may be placed not more than ten (10) feet inside of lot lines.
The Company, its successors or assigns, or any utility company with facilities located within said easements shall have the right to enter upon said reserved strips of land for any purposes for which said easements and rights o way are reserved, including the right to trim, top or cut down trees adjacent to the electric or telephone lines to provide for ample clearance. Wherever the designated utility easements on the aforementioned Plats of Harundale Sections 1 to 7 inclusive are shown to be less than 15 feet in width, the Company, it successors or assigns, shall have the additional right, in connection with excavating or maintenance operations within said easement strip, to pile gravel or dirt removed from within the easement over that strip or portion of property bordering on and adjacent to the designated easement to a width equal to but not in excess of the difference between the designated easement and said 15 feet.
Streets in Sections 1 to 7 Inclusive.
It is hereby expressly stated and provided that nothing herein contained shall constitute a dedication of any streets, shown on any of said plats, the title to all such streets designated on said plats respectively being hereby expressly reserved to the Company, its successors or assigns, nor shall any deed from the Company hereinafter made, conveying any part of the land shown and included on said Sections 1 to 7 inclusive be held to convey the title to or to dedicate the bed of any street except where expressly so conveyed or dedicated in the deed.
If any public authority shall condemn for public uses any street included and shown on Sections 1 to 7 inclusive and in the condemnation proceedings damages shall be awarded to the Company for the taking of such street, the Company agrees to apply the amount received by it as damages in each condemnation proceeding, or so much thereof as may be necessary for the purpose, to reimburse the owners of any land included and shown thereon, against whom in such proceedings benefits may have been assessed in excess of the damages awarded to them.
The Company hereby gives and grants to each owner, hereafter acquiring title to any of the land included in Sections 1 to 7 inclusive the right to such use of the streets shown thereon as may be necessary for reasonable and convenient ingress and egress to and from the land belonging to such owner; but, subject to such uses by said owners, the Company expressly reserves to itself the title to both the surface and beds of all said streets and the right to use and occupy the same or to allow others so to do in any manner that does not materially interfere with said user of ingress and egress, and it further expressly reserves the right to grade, change the grade, regrade, change the location of, close or partly close any street or private lane shown on said sections, but no change of location or closing shall be made that will materially interfere with the said right of convenient ingress or egress or take any portion of any lot sold or conveyed by the Company prior to such change or location or closing.
The Company reserves, however, the right to dedicate to public use and the right to convey to any public authority or to any corporation having power to acquire the same, all its rights, title and interest in and to any street, subject to the rights of property owners as hereinbefore granted.
Maintenance Charges Imposed on Plots in Sections 1 to 7 Inclusive.
All the land included and shown on Sections 1 to 7 inclusive and improved by residential, non-commercial or commercial buildings whether owned by the Company or by others, shall be subject to an annual maintenance charge at the rate of ten (10) cents per one hundred (100) square feet of area or fraction thereof but in no event less than a minimum of $6.00 for each lot improved by a single family dwelling for each of the five (5) years commencing with January 1, 1948, and at a rate of twenty (20) cents per one hundred (100) square feet of area or fraction thereof for each year thereafter, for the purpose of creating a fund to be known as the Maintenance Fund to be paid by the respective owners of the improved land included in said Sections and on which buildings have been completed, to the Company annually, in advance, on the 1st day of January, in each year, commencing with January 1, 1948.
Said annual charge may be adjusted from year to year by the Company, its successors or assigns, in its sole and absolute judgment and discretion as the needs of the property may require but in no event shall such charge be raised above twenty (20) cents per one hundred (100) square feet of area or fraction thereof for each of the five (5) years commencing with January 1, 1948, nor thereafter above twenty-five (25) cents per annum for each one hundred (100) square feet of area or fraction thereof.
The Company agrees to pay its proper proportion into said fund for the lots, parcels or blocks of land owned by it and which are improved by buildings erected thereon January 1 of each year, and to apply the total fund arising from said charge, so far as the same may be sufficient towards the payment of the so-called Maintenance Expenses incurred for the following purposes, but not limited to the following:
The Company does not obligate itself hereby to provide any of the services mentioned hereinabove as may be provided by some public or governmental agency or authority.
The annual charge for maintenance shall be liens or encumbrances on the land and acceptance of each of the several deeds (not including thereby a mortgagee or a lender under a properly recorded Mortgage or Deed of Trust) shall be construed to be a covenant to pay said charges. The Company shall have the right to take and prosecute all actions or suits, legal or otherwise which may, in the opinion of the Company, be necessary for the collection of such charges. In this connection the Company shall have the right by action, legal or otherwise, to abate any violations of the within covenants, agreements, assessments, restrictions, conditions and charges. Such covenants, agreements, assessments, restrictions, conditions, and charges are, however, to run with and bind the land and may, therefore, be enforceable by the Company and by any owners or occupants of a plot within said Sections 1 to 7 inclusive. The lien hereby reserved, however, shall be at all times subordinate to the lien of any mortgagee or lender of any sums secured by a properly recorded mortgage or Deed of Trust, to the end and intent that the lien of any mortgagee, trustee, or note holder shall be paramount to the lien for maintenance charges imposed herein and provided further such subordination shall apply only to the charges that shall become payable prior to the passing of title under foreclosure of Deed or Trust or mortgage, and nothing herein contained shall be held to affect the rights herein given to enforce the collections of such charges accruing after sale under foreclosure of such mortgage or Deed of Trust.
Right to Abate Violation.
Violation of any restriction or condition or breach of any covenant or agreement herein contained shall give the Company, its successors or assigns, in addition to all other remedies, the right to enter upon the land upon or as to which such violation or breach exists, and summarily to abate and remove, at the expense of the owner thereof, any erection, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof; and the Company shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal or for any damages resulting therefrom.
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 Company, its successors and assigns, or the owner of any land included and shown on Sections 1 to 7 inclusive, their respective legal representative, heirs, successors and assigns and failure by the Company or any landowner to enforce any restrictions, 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.
Right to Extend.
All of the covenants, agreements, easements, restrictions, conditions and charges contained herein shall be in perpetuity, but on and after twenty (20) years from the date of these presents, a majority of the owners of the plots of Harundale may amend, cancel, annul, or abrogate any and all of the covenants, agreements, easements, restrictions, conditions and charges by a writing, duly executed and properly recorded among the Land Records of Anne Arundel County, Maryland.
Acceptance of Trusts.
The Company, its successors or assigns, hereby accepts each of the trusts, duties and obligations imposed upon it by this Deed and Agreements, and agrees to discharge the same without charge for its services, except that for the collection and disbursement of the Maintenance Fund provided for herein and for all overhead and office expenses and for the use of all mechanical equipment and hand tools in connection with the work to be done in applying said funds, the Company shall be entitled to charge fifteen percent (15%) of the amount of all expenditures made by it from said funds for administrative purposes, including in such expenditures payment to the Company at current market prices for labor and materials furnished and work done by it.
The Company shall exercise its discretion and judgment as to the amount of said fund to be expended in connection with each of the purposes for which said fund is collected, and its decision in reference thereto shall be binding upon all parities interested.
The Company does not guarantee the sufficiency of any of the funds provided for herein for the purposes hereinbefore set forth and its liability in respect thereto shall be limited to the payment of its proper share thereof in proportion to the improved land owned by it in Sections 1 to 7 inclusive and liable therefor, and on which land it has erected buildings thereon.
Any or all of the rights and powers, titles, easements and estates reserved or given to the Company in this Deed may be assigned to any one or more corporations or associations that will agree to assume said rights, powers, duties and obligations and carry out and perform the same. Any such agreement or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purposes of evidencing its consent to the acceptance of such rights and powers; and such assignee or transfer shall thereupon have the same rights and powers; and be subject to the same obligations and duties as are herein given to be assumed by the Company, the Company thereupon being released therefrom.
Sub-Division of Lots in Sections 1 to 7 Inclusive.
Purchases of single family residences in Section 1 to 7 inclusive shall never sell, lease or in any manner transfer any portion of the lots therein less than the entire portion thereof, except pursuant to duly processed condemnation proceedings or voluntarily deeding for public purposes, or unless the Company shall give its written consent thereto.
If any provision of this deed and agreement or the application of such provision to any person or circumstances shall be held invalid, the remainder of this deed and agreement, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.