29 June, 1991
TO: All Wardour Property Owners and Residents
The formal Declaration of Easements, Covenants, Conditions and Restrictions enclosed, was executed to satisfy State Law that requires, for property tax exemption, that an Association must dedicate all Community Property to the use of all the lot owners.
The Declaration was developed as the transactions to sell parts of the B&A Right-of-way were completed. In addition to serving as an instrument to protect against Adverse Possession, it defines the limits of Wardour, as recorded by Anne Arundel County, and the privileges and restrictive covenants for owners and residents. The document should be made a part of your personal home-ownership records for future reference when selling or leasing your property.
The sketch map enclosed depicts the parcels of land that are Community Properties of Wardour as well as the boundaries of the Community of Wardour. Please note the small piece of former B&A Railroad right-of-way adjacent to Shiley and Tolson streets that interrupts the continuity of the strip. This is the portion which Wardour sold to the Wycherleys, the Smiths and Mr. Hollander all of whom owned adjacent properties. In a law suit, Mr. Hollander was awarded part of the Smith’s purchase through an Adverse Possession claim. Basis for the claim was that a clothes line, plantings and a trash can had been on the property for years with no evidence of B&A objection.
This memo and the enclosures are one step in carrying out the long-standing aim of the Wardour Improvement Association to protect our Community Properties from loss due to Adverse Possession actions. I plan to have theExecutive Committee review all the Association property and initiate appropriate action concerning any permanent type structures on the property as well as any other possible violations of Article V (Use of the Property) as outlined in the declaration.
Eugene Somers, President
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION is made this 15th day of October 1987, by the WARDOUR IMPROVEMENT ASSOCIATION, INCORPORATED.
EXPLANATORY STATEMENT: The Association is the owner of the real property located in the City of Annapolis and the Sixth Assessment district of Anne Arundel County, Maryland which is more particularly described in the Exhibit A attached hereto which said Exhibit A is herein incorporated by reference, pursuant to a deed dated October 31, 1983 and recorded among the Land Records of Anne Arundel County at Liber 368I, folio 725.
The Association desires to dedicate the Property to the use of the lot owners of Wardour subject to the reservations, conditions and restrictions herein contained. To this end, the Association desires to subject the real property described in Exhibit A (as well as other real property which it may hereafter subject to the legal operationand effect of this Declaration) to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which shall be for the benefit of the lot owners of Wardour and the Association.
NOW,THEREFORE, the Association hereby declares that all of the real property described in the Exhibit A attached hereto (which said Exhibit A is herein incorporated by reference) is and hereafter shall be held, conveyed, hypothecated or encumbered, sold, leased, rented, used, occupied and improved subject to the covenants, restrictions, uses, limitations, obligations, easements, equitable servitudes, charges and liens (all of which are sometimes hereinafter collectively referred to as “covenants and restrictions”) hereinafter set forth, all of which shall be deemed to run with and bind the land submitted to this Declaration and to inure to the benefit of and be enforceable by the Association, its successors and assigns, and any person acquiring or owning an interest in a lot in Wardour.
When used in this Declaration, the word or words listed below within quotation marks shall be deemed to have themeanings which follow them in the same section:Section 1. “Annexation Amendment” shall mean an amendment to this Declaration which adds additional property to that which is subject to the legal effect and operation of this Declaration.Section 2. “the Association” shall mean and refer to the Wardour Improvement association, Incorporated, a nonprofit Maryland corporation without stock, and its successors and assigns. The Association is also known by its original name at the time of its incorporation, Wardour Improvement Association of Anne Arundel County, Maryland.
Section 3. “the Constitution” shall mean and refer to the constitution of the Association, as such may be duly amended from time to time.
Section 5. “the Bylaws” shall mean and refer to the duly adopted bylaws of the Association, as such may amended from time to time.
Section 4. “the Executive Committee” shall mean the Executive Committee of the Association.
Section 6. “Lot” or “Lots” shall mean and refer to those original bounded and numbered lots or parcels of land shown on the Plats, as well as any and all lots or parcels of land into which such original lots may have subsequently been subdivided; provided, however, “lot” and “lots” shall only refer to the following lots depicted and shown on the plat dated February, 1927 entitled “Wardour Plat No. 2”, which said plat is recorded among the Plat Records of Anne Arundel County, Marylander Plat Book 6, page 46, Plat No. 348: lots numbered 1, 2, 3, 4, 5, 6, 32, 33, 34, 35, 36, 37, 49, and 38.
Section 7. “Member” and “Members” shall mean and refer to the constituent members of the Association.
Section 8. “Owner” and “Owners” shall mean and refer to the person or the combination of persons, including contract sellers, holding the record fee simple or perpetually renewable leasehold title to a Lot. The term “Owner” shall not mean any contract purchaser, or the owner of any redeemable ground rent reversion issuing out of any Lot, nor shall it include any mortgagee or other person holding an interest in a Lot as security for the performances of any obligations.
Section 9. “person” shall mean and refer to a natural person, a corporation, a partnership, an unincorporated association, a trust, an estate, or any other type of entity, or any combination thereof.
Section 10. “the Plats” shall collectively mean and refer to the plat dated 1909 entitled “Wardour Bluffs – Plan for Subdivision of Land of Miss Elisabeth Gidings – West Annapolis, Maryland”, which said plat is recorded among the Plat Records of Anne Arundel County, Maryland at Plat Book 11, page 49, the plat dated 1915 entitled “Plat of Wardour on the Severn River – Second Election District – Anne Arundel County, Maryland”, which said plat is recorded among the Plat Records of Anne Arundel County, Maryland at Plat Book 13, page 37, as well as such other plats as are recorded among the said Plat Records or the Land Records of Anne Arundel County, Maryland with regard to the Property or any other real property subjected to the legal effect and operation of this Declaration, “the Plats” shall also included and refer to the plat dated February, 1927 entitled “Wardour Plat No. 2), which said plat is recorded among the Plat Records of Anne Arundel County, Maryland at Plat Book 6, page 46, Plat No. 348; provided, however, “the Plats” shall only refer to this latter plat insofar as it depicts and shows thereon lots numbered 1, 2, 3, 4, 5, 6, 32, 33, 34, 35, 36, 37, 49, 38, the land designated thereon as “Scott Drive”, and a parcel running between Weems Creek and Scott Drive marked “Reserved”.
Section 11. “the Property” shall mean and refer to all that real property situate, lying and being in the City of Annapolis and the Sixth Assessment District of Anne Arundel County, Maryland and more particularly described inthe Exhibit A attached hereto, (Said Exhibit A is hereby incorporated by reference herein.) In the event that other real property is hereafter submitted and subjected to the legal effect and operation of this Declaration, such other real property shall hereupon become a part of “the Property”.
Section 12. “Rules and Regulations” shall mean such rules and regulations as may be adopted by the Association governing (i) use of the Property, including any improvement and amenities located thereon; (ii) reasonable interpretation and construction of the provisions of this Declaration, the Constitution, and the Bylaws; and (iii) suchother matters as are specified as the subjects for such Rules and Regulations in this Declaration, the Constitution or the Bylaws.
Section 13. “Wardour” shall mean and refer to the community depicted by the Plats for whose residents’ benefit this Declaration has been made; provided, however, “Wardour” shall only include the following real property depicted and shown on the plat dated February, 1927 entitled “Wardour Plat No. 2), which said plat is recorded among the Plat Records of Anne Arundel County, Maryland at Plat Book 6, page 46, Plat No. 348: lots numbered 1, 2, 3, 4, 5, 6, 32, 33, 34, 35, 36, 37, 49, 38, the land designated thereon as “Scott Drive”, and a parcel running between Weems Creek and Scott Drive marked “reserved”.
ARTICLE II Property Subject to this Declaration and Additions Thereto
Section 1. Initial Property. The real property initially subject to this Declaration is the Property (as more particularly described in the Exhibit A attached hereto).
Section 2. Additions. Additional real property may be subjected to the provisions of this Declaration by the Association by filing an Annexation Amendment among the Land Records of Anne Arundel County, Maryland withrespect thereto. Any such annexation shall be effective upon the recording of the Annexation Amendment unless otherwise provided therein. No provision of this Declaration shall be construed to require the Association or any other person to annex any real property to the Property.
ARTICLE III Property Rights
Section 1. Owners’ Easements of Enjoyment. Subject to the provisions of this Declaration, any easements, rights, covenants and restrictions heretofore made of record, and any restrictions or limitations contained in any deed or Annexation Amendment conveying such property to the Association or subjecting such property to the legal operation and effect of this Declaration, each Owner shall have a non-exclusive right and easement of enjoyment in and to, and ingress and egress into and from, the Property. Such easements shall be appurtenant to and shall pass with the title to such Owner’s Lot.
Section 2. Limitations on Owners’ Easements. The rights and easements of enjoyment for Owners created hereby shall be subject to the following rights of the Associations:
(a) the right to borrow money for the purpose of improving the Property and in aid thereof to mortgage the Property shall be subordinate to the rights of the Owners hereunder; and
(b) the right to take such steps as are reasonably necessary to protect the Property against mortgage default foreclosure; and
(c) the right to adopt and to amend reasonable Rules and Regulations governing the use of the Property; and
(d) the right to dedicate or transfer all or any part of the Property to any public of municipal agency, authority or utility; and
(e) the right to sell, lease, exchange, convey or otherwise transfer all or any part of the Property to any person or persons, free and clear of the covenants and restrictions contained in this Declaration; and
(f) the right to grant licenses, rights-of-way and easements for access or for the construction, reconstruction, maintenance and repair of any utility lines or appurtenances, whether public or private, to any municipal agency, public utility, or any other person; provided, however, that such licenses, rights-of-way or easements shall be unreasonably and permanently inconsistent with the rights of the owners to the use and enjoyment of the Property; and
(g) the right to enter into the Property for the purpose of landscaping, improving, policing, repairing or maintaining the Property or the improvements thereon.
Section 3. Delegation of Use. Any Owner may delegate his or her rights of enjoyment to the Property to the members of his or her family who reside within Wardour, his tenants who reside within Wardour, or his contract purchasers (and the members of the family of any tenant or contract purchaser) who reside within Wardour or to such other person as may be permitted by the Association. To the extent that an Owner shall delegate his right ofenjoyment of the Property to his tenants, he and members of his family shall not thereafter be privileged to use the area or facilities in question.
ARTICLE IV Reserved Rights of the Association
Section 1. Management and Control. The Association, subject to the rights and obligations of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Property and all landscaping and improvements thereon.
Section 2. Rules and Regulations. The Association may adopt reasonable Rules and Regulations governing the use of the Property, which rules and regulations shall be consistent with the rights and duties established by this Declaration.
Section 3. Additions to Property. The Association may make any addition, alterations or improvements to the Property.
Section 4. Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration, the Constitution, or the Bylaws, and every other right or privilege reasonably to be implied form the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
ARTICLE V Use of the Property
Section 1. Protective Covenants. Except as may be reasonable and necessary in connection with the maintenance, improvement, repair and reconstruction of any portion of the Property by the Association, or the performance of any other right or responsibility herein reserved by the Association or except as otherwise authorized in advance by the Executive Committee:
(a) Residential Use. No part of the Property shall be used for purposes other than those which are ancillary to theresidential housing and recreational purposes for which Wardour was designed.
(b) Prohibited Activities. No noxious, immoral, improper, unlawful, or offensive activity shall be carried on in any part of the Property, nor shall anything be done thereupon which may be, or may become, an annoyance or nuisance to others, or which shall in any way interfere with the quiet enjoyment of each of the Owners of their respective Lots, or which shall in any way increase the rate of insurance on the Property. All valid laws, orders, rules, regulations, or requirements of any governmental agency having jurisdiction thereof, relating to any portion of the Property shall be observed and complied with.
(c) Signs. Except for such signs as may be posted by the Association or the Executive Committee for informational purposes, traffic control or the like, no signs of any character shall be erected, posted or displayed upon, in, from or about the Property without the prior consent in wiring of the Executive Committee or its designeeand compliance with such conditions as it may establish.
(d) Improvement and Use. Except as otherwise permitted by the provisions of this Declaration, no structure or improvement of any kind shall be erected, placed or maintained on the Property except: (i) structures or improvements designed exclusively for community use, including, without limiting the generality of the foregoing, shelters, benches, chairs or other seating facilities, walkways, roadways, and playground equipment, (ii) landscaping, and (iii) drainage, storm water and utility systems and structures. With the prior express written approval of the Executive Committee or its designee, the Property may be graded, and trees, shrubs or other plants may be placed and maintained thereon for the use, comfort and enjoyment of the Owners, or the establishment, retention or preservation of the natural growth or topography of the Property, or for aesthetic reasons. No portion of the Property may be used exclusively by any Owner for personal gardens, storage facilities or other private uses. There shall be no use of the Property except natural recreational uses which do not injure the Property or the vegetation thereon, increased the maintenance thereof, or cause unreasonable embarrassment, disturbance or annoyance to Owners in the enjoyment of the Property and landscaped areas in the vicinity of their Lots.
(e) Tree Protection. No trees measuring in excess of four (4) inches in diameter two (2) feet above the ground shall be removed from the Property without written approval of the Executive Committee or its designee. The foregoing restriction shall not, however, be construed to prohibit pruning and trimming activities consistent with sound and reasonable tree husbandry practices. The association may from time to time adopt and promulgate such additional Rules and Regulations regarding the preservation of such trees and other natural resources and wildlife as it may consider appropriate.
(f) Excavations. Neither the Property nor any Lot shall be used for the purposes of excavating, boring, mining, quarrying, exploring for, or removing oil or other hydrocarbons minerals, gravel, topsoil, or earth.
(g) Protection of Easements and Natural Drainage. No structure, planting or other material shall be placed or permitted to remain upon the Property which may damage or interfere with any easement for the installation or maintenance of utilities, or which may unreasonably change, obstruct or retard the direction or flow of any drainage channels.
(h) Temporary Structures Prohibited. No structure of a temporary character, and no trailer, tent, shack, barn, pen, kennel, run, stable, or other such accessory building shall be erected, used or maintained on the Property at any time.
(i) Refuse Accumulations Prohibited. No burning of any trash and no accumulation or storage of litter, lumber, scrap metals, refuse, bulk materials, waste, new or used building materials, or trash of any other kind shall be permitted on the Property.
(j) Parking Restrictions. Except as expressly authorized in writing by the Executive Committee or its designee, noautomobile, motorcycle, truck, commercial vehicle, unregistered vehicle, junk vehicle, trailer, camper, house trailer, bicycle, or other similar machine or equipment of any kind or character, shall be parked or left unattended on or within the Property. The Association may, in its discretion, from time to time adopt and promulgate such additionalRules and Regulations regarding vehicular traffic and parking as it may consider appropriate.
(k) Antennae. No outside television aerial, radio antenna, satellite dish, or other aerial, antennae, or dish for either reception or transmission, shall be maintained upon the Property.
(l) Personal Property. All personal property placed in any part of the Property shall be at the sole risk of the owner of such property, and neither the Association nor the Executive Committee shall be liable for the loss, destruction, or theft of, or damage to such property.
(m) Rules and Regulations. There shall be no violation of the Rules and Regulations which may from time to timebe adopted by the Association and promulgated by it in writing; and the Association is hereby and elsewhere in this Declaration authorized to adopt such rules.
Section 2. Enforcement – Right to Remove or Correct Violations. In the event any violation or attempted violation of any of the covenants or restrictions contained in this article shall occur or be maintained upon the Property, or in the event of any other conduct in violation of any of the provisions or requirements of this article, then the same shall be considered to have been undertaken in violation of this article and without the approval of the Executive committee as required hereby. The Association shall have the right, through its agents and employees to enter upon the Property and to take such steps as may be necessary to remove or otherwise terminate or abate such violation and the cost thereof may be assessed against the violator causing or allowing such violation to occur.
ARTICLE VI Compliance and Default
Each Owner and/or occupant or user of the Property (or any part thereof), by his use of the Property, hereby covenants and agrees to be governed by and to comply with all of the terms of this Declaration, the Rules and Regulations herein provided for, and any amendments of the same. A default by an Owner or such an occupant or user shall entitle the Executive Committee, acting for the Association, to the following relief:
Section 1. Legal Proceedings. Failure to comply with any of the terms of this Declaration or the Rules and Regulations shall be grounds for relief which may include, without limiting the same, an action to recover any sums due for money damages, injunctive relief, any other relief provided for in this Declaration and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Executive committee, or, if appropriate, by any aggrieved Owner. There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach or attempted violation or breach of any of the within covenants and restrictions cannot be adequately remedied by action at law or exclusively by recovery of damages.
Section 2. Additional Liability. Each Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his acts, neglect or carelessness or the acts, neglect, or carelessness of any member of his family or his employees, tenants, agents, guests, invitees, or licensees. Such liability shall include any increase in fire or liability insurance rates occasioned by use, misuse, occupancy or abandonment of the Property or its appurtenances. Nothing contained herein, however, shall be construed as modifying any waiver by any insurance company of its rights of subrogation.
Section 3. Costs and Attorneys’ Fees. In any proceeding arising out of any alleged default by an Owner, occupant or user of the Property (as specified in Section 1 above), the Executive Committee, and/or any aggrieved Owner, shall be entitled to recover the costs of the proceedings, and such reasonable attorney’s fees as may be determined by the court.
Section 4. No Waiver of Rights. The failure of the Association, the Executive Committee, or an Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration or the rules and Regulations shall not constitute a waiver of the right of the Association, the Executive Committee, or the Owner to enforce such right, provision, covenant, or condition in the future. All rights, remedies and privileges granted to the Association, the Executive Committee or an Owner pursuant to any term or provision of this Declaration or the Rules and Regulations shall be deemed to be cumulative, and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by any other term or provision of this Declaration or the Rules and Regulations, at law or in equity.
ARTICLE VII Duration
The covenants and restrictions of this Declaration shall run with and bind the Property for a term of ten (10) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless, prior to the expiration of the then current term, (a) a written instrument shall be executed by at least three fourths (3/4ths) of the Members (representing at least three-fourths (3/4) of the votes of such membership) stating that this Declaration, or any provisions hereof, shall expire at the end of the then current term, and (b) such written instrument is recorded among the Land Records for the jurisdiction in which this Declaration is recorded.
ARTICLE VIII Amendment
Subject to the other limitations set forth in this Declaration, and except where permanent rights, easements, rights-of-way or the like are established in this Declaration, this Declaration may be amended by the affirmative vote of at least a majority of the active Members present at a regular or special meeting of the Association at which a quorum is established. Any amendment so duly adopted shall be evidenced by a document describing the amendment recorded among the Land Records for the jurisdiction in which this Declaration is recorded. Such a descriptive document shall be entitled to be recorded if accompanied by an affidavit of the then president of the Association certifying that the amendment described therein was duly adopted by the requisite number of votes. The amendment shall be effective upon the recording of such document, and the recorded document shall be conclusive evidence of approval.
ARTICLE IX General Provisions
Section 1. No Dedication to Public Use. Nothing herein contained shall be construed as a dedication to public use or as an acceptance for maintenance of any Property by any public or municipal agency, authority, or utility and no public or municipal agency, authority or utility shall have any responsibility or liability for the maintenance or operation of any of the Property.
Section 2. Construction. The provisions, covenants, conditions, restrictions, easements and reservations contained in this Declaration shall be governed and construed in accordance with the laws of the State of Maryland. Such provisions, covenants, conditions, restrictions, easements and reservations shall be liberally construed to effectuate the purpose of the preservation of aesthetic and property values in Wardour, and for the common welfare and enjoyment of all residents thereof.
Section 3. Captions and Gender. The captions contained in this Declaration are for convenience only and are nota part of this Declaration and are not intended in any way to limit or enlarge the terms and provisions of this Declaration. Whenever the context so requires, the male gender shall include all genders and the singular shall include the plural.
Section 4. Severability. All of the covenants, conditions, restrictions, easements and reservations contained in this Declaration are hereby declared to be severable and a finding by any court of competent jurisdiction that any of them or any clause or phrase thereof, is void, unlawful or unenforceable shall not affect the validity or enforceability of any other covenants, conditions, restrictions, easements, reservations, or clause or phrase thereof.
IN WITNESS WHEREOF the Association has executed this Declaration as of the date first written hereinabove.
WARDOUR IMPROVEMENT ASSOCIATION, INCORPORATED
All that real property situate and lying in the City of Annapolis, Maryland and the Sixth Assessment District of Anne Arundel County, Maryland and the described as follows to wit:
Original Association Property
BEGINNING FOR THE SAME AND BEING all of that real property described and conveyed by a deed from Charles F. Lee and Lottie E. Lee to Wardour Improvement Association, a body corporate of the State of Maryland dated July 17, 1936 and recorded among the Land Records of Anne Arundel County, Maryland at Liber FAM 153, folio 169;
B & A Railroad Right-of-Way
BEGINNING FOR THE SAME AND BEING all of that real property described and conveyed by a deed from The Baltimore and Annapolis Railroad Company to Wardour Improvement Association, a body corporate of the State of Maryland dated October 31, 1983 and recorded among the Land Records of Anne Arundel County, Maryland at Liber 3681, folio 725;
SAVING AND EXCEPTING THEREFROM, HOWEVER, all that real property and appurtenant rights described in the following deeds recorded among the Land Records of Anne Arundel County, Maryland:
1. Deed dated September 11, 1986 from Wardour Improvement Association, a body corporate of the State of Maryland for the use of the Department of Natural Resources, which said deed is recorded among the Land Records of Anne Arundel County, Maryland at Liber 4153, folio 366;
2. Deed dated April 2, 1987 from Wardour Improvement Association, a body corporate of the State of Maryland to Alan D. Wycherley and Cynthia A. Wycherley, which said deed is recorded among the Land Records of Anne Arundel County, Maryland at Liber 4318, folio 311;
3. Deed dated April 2, 1987 from Wardour Improvement Association, a body corporate of the State of Maryland to Mary Talbott Smith, which said deed is recorded among the Land Records of Anne Arundel County, Maryland at Liber 4318, folio 316;
AND SUBJECT to any and all easements, agreements, or restrictions of record, including but not limited to the following items recorded among the Land Records of Anne Arundel County, Maryland:
1. Deed dated November 5, 1929 to the Consolidated Gas Electric Light and Power Company of Baltimore and recorded in Liber FSR 61, Folio 416;
2. Deed dated August 21, 1935 to the Consolidated Gas Electric Light and Power Company of Baltimore and recorded in Liber FAM 141, Folio 440;
3. Confirmatory deed dated March 20, 1936 to the Consolidated Gas Electric Light and Power Company of Baltimore and recorded in Liber FAM 150, Folio 61;
4. Deed dated August 21, 1954 to the Consolidated Gas Electric Light and Power Company of Baltimore and recorded in Liber FAM 141, Folio 4405
5. Deed dates August 4, 1985 to The Chesapeake and Potomac Telephone Company of Maryland and recorded in Liber 3930, Folio 623.
Appurtenant Property Rights
TOGETHER with the buildings and improvements thereupon and the rights, alleys, ways, waters, privileges appurtenances and advantages thereto belonging or in anywise appertaining.