Our Covenants, Conditions, and Restrictions

COVENANTS, CONDITIONS, AND RESTRICTIONS

As set forth in a Deed and Agreement Dated April 13, 1958, and recorded among The Land Records of Anne Arundel County In Liber 1199 folio 135 from EVERGREEN ESTATES CORP., to MASON MORTGAGE & INVESTMENT CORP., ET AL
  1. The land shown on said plat shall be used for residential purposes only, and no structure of any kind whatsoever shall be erected or maintained thereon except dwellings for not more than two families, not exceeding two (2) stories in height, and one or two car private garage. No provision contained herein shall operate to exclude or prevent physicians or dentists from practicing their professions on said property.
  2. The term “building plot” as herein used means all that land improved for residential purposes only by dwelling, and if desired, a one or two car garage. For ease of reference and description, various lots have been indicated on the plat of said property; a building plot may be of different size and dimensions from such lots.
  3. No dwelling costing less than $15,000 as of cost index of date of recording of this Declaration shall be erected or maintained on any building plot. The ground floor area of any one-story dwelling shall be less than 800 square feet.
  4. No residential structure shall be erected or placed on any building plot, which plot has an area of less than 11,250 square feet or a width of less than 75 feet at the front building line.
  5. No portion of any building except bay or bow windows, roof overhangs, foundation overhangs, and steps attached to the building shall be erected or permitted nearer than 25 feet to any front log line or side street lot line. No portion of any building shall be nearer than 10 feet to any side lot line, but in no event shall the mentioned ten feet sideline restriction apply to a private garage located on the rear one-quarter of a building lot.
  6. No fence of any description may be erected or maintained in any front yard. Open wood fences or metal fences not to exceed 3 1/2 feet in height are permissible in rear only. Fences erected shall not be permitted to obstruct the proper surface water drainage.
  7. No trailer, tent, shack, garage, barn or other outbuilding erected or maintained on any building plot shall at any time be used as a residence temporarily or permanently, nor shall any structure of temporary character be used as a residence.
  8. No noxious or offensive trade or activity shall be carried out upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
  9. No chickens, ducks, geese, pigeons or other type or kind of fowl, no horses, ponies, cows, swine or livestock of any kind whatsoever, or rabbits or other fur-bearing animals may be kept, maintained, or bred on any lot or lots or in any dwelling or building erected thereon, nor shall any owner or occupant be permitted to breed domestic animals, such as cats and dogs, etc., or to keep more than two such animals on the premises.
  10. No buildings shall be erected, placed, or altered on any building plot in this subdivision until the building plans, specifications, and plot plans, showing the location of such building have been approved in writing as to conformity and harmony of external design with the existing structure in the subdivision, and as to the location of the building with the respect to topography and finished ground elevation, by a committee composed of Evergreen Estates Corp., Irving S. Lee and Stephen Korneich. The said committee or designated representative will function as the committee and perform all duties imposed by this paragraph until such time as the said committee or its successors and assigns shall be selected and designated by a majority of the then owners of the aforesaid lots of Evergreen Estates. In the event of the death or resignation of any member of said committee or successor committee, or the dissolution, voluntary or involuntary, of the company, the remaining member or members shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. In the event said committee or successor committee or its designated representative fails to approve or disapprove such design and location within thirty days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required, and this covenant will be deemed to have been fully complied with; neither the members of such committee or successor committee, and of its designated representative shall cease on and after January 1st, 1966. Thereafter the approval described in this covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots designated herein in this subdivision, and duly recorded, appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by said committee.
  11. These covenants are to run with the land and shall be binding on all the parties and all persons claiming under them until January 1st, 1983, at which time the said covenants shall be automatically extended for a successive period of ten years unless by a vote of a majority of the then owners of the lots designated herein it is agreed to change the said covenants in whole or in part.
  12. If the parties hereto, or any of them, or their successors or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property situated on this tract to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages or other dues for such violation.
  13. Invalidation of any of these covenants by judgement or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
  14. Reference to streets, avenues, or public highways, aforesaid is the purpose of description only and not dedication.
  15. An easement is reserved over the rear five feet of each lot were shown and designated on the plat of record for utility installation and maintenance and for proper surface stormwater drainage.
  16. No private sewage disposal system shall be installed or maintained on any lot until such system has been first approved by the health authorities of Anne Arundel County.