Save The Muir House - Declaration of Covenants and Restrictions

I hope this helps to eliminate some of the confusion created by the misinformation that is being spread about 11 Newburg Ave. I did purchase the property from the Muir family and it was marketed as a commercial property.

Here is the original draft copy of the restrictive covenant agreement between The Newburg Association and the response from their attorney. The Newburg Association has had this since July 3rd. It was my understanding that we were going to change the timeline of some of the prohibited uses in exhibit "B" to include No Gas Station, Package Goods Stores, Fast Food Establishments,Taverns or Sludge Treatment Facilities (Their request) to run in perpetuity with the land.


First Their Response:
Craig - the Newburg Association has reviewed the covenants and has only asked for two minor changes. We have a conference call scheduled with them next week to finalize everything. I can not explain any of their recent positions or the website / petition. Every conversation I have with their legal counsel is productive and professional. I was under the impression they were satisfied with the covenants and would support the changes.

From: J Carroll Holzer [mailto:jcholzer@XXXX] Sent: Monday, July 28, 2008 2:05 PM
To: David ThurstonSubject: Newburg Covenants

David:
Insofar as to any amendments to the draft of the Agreement between our clients, we have only two small changes:
1. add Colin Flynn individually after the NEWBURG NEIGHBORHOOD ASSOCIATION, INC. in the very first paragraph, and add a signature line at the end for Colin Flynn; and
2. in the second WHEREAS paragraph, after the word "and" at the end of the paragraph, add, "various adjacent and adjoining property owners."
Thanks,
Sterling Leese



DECLARATION OF COVENANTS AND RESTRICTIONS

This DECLARATION OF COVENANTS AND RESTRICTIONS (this “Declaration”) is made this _____ day of July, 2008, by and between NEWBURG NEIGHBORHOOD ASSOCIATION, INC., a Maryland non-stock association (the “Association”) and A &A ENTERPRISE III , LLC., (“A & A”), a Maryland corporation.

RECITALS

WHEREAS, A & A has requested Baltimore County to rezone No. 9 and No. 11 Newburg Avenue from current zoning of RO to BL-CCC. The property is described on Exhibit “A” attached hereto and incorporated by reference herein.

WHEREAS, the Association is a neighborhood improvement association that represents the neighborhood in which the parcel sits and has certain concerns in regard to the change of zoning for the aforesaid properties; and

WHEREAS, A & A and the Association desire to enter into this Declaration to set forth their understanding with regard to certain matters related to the development of No. 9 and No. 11 Newburg Avenue.

NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:


Noise Restrictions. In its operation of the property, A & A shall comply with all applicable noise ordinances and shall use reasonable efforts to prevent undue noise emanating from any mechanical equipment located on the property. A & A will restrict deliveries and garbage pickup to hours of operation between 7am and 11pm.

Lighting Restrictions. The following restrictions shall apply to any newly installed outdoor lighting:
a. Lighting standards shall not exceed twenty (20) feet in height above grade.
b. Lighting shall be shielded to hide the light source from direct view and to the extent possible not to be directed toward adjoining properties.
c. A & A shall use reasonable efforts to limit the intensity of lighting in compliance with applicable building code and not in excess of applicable safety and security standards.
d. A & A shall use reasonable efforts to prevent parking lot lighting from being visible from Newburg Avenue.


Front Facades and Landscaping. A & A will not to pave the front yard of 9 or 11 Newburg Avenue and install only residential style landscaping to maintain a residential appearance of the properties.


Signage. No electric signage will be erected on the property. . For the front of the properties, A & A will agree to comply with residential office (R/O) signage regulations regardless of current or future zoning classification of the property.

Parking Lot Design and Traffic Control. A & A will make reasonable efforts to promote a traffic pattern which emphasizes entrance and exit to the property via Frederick Avenue. In addition, A & A will limit the access of driveway use of 11 Newburg to business hours of 7am to 6pm.

USE. A & A will agree not to lease the premises to organizations engaged in operations as described in Exhibit B of this agreement. The restrictions on these prohibited uses will expire, along with this agreement on December 31, 2013.

Formation of Committee. A committee will be established whereby the Association will hold annual meetings to review the covenants. Any issues discussed at the meeting will be communicated in writing to A & A.


Standing of the ASSOCIATION. The ASSOCIATION, through its duly elected and authorized officers shall have standing to enforce the provisions of this Declaration.

Captions. The captions appearing in this Declaration are inserted only as a matter of convenience and do not define, limit, construe or describe the scope or intent of the Sections of this Declaration or in any way affect this Declaration.

Force Majeure. Whenever a period of time is herein prescribed for action to be taken by A & A or the ASSOCIATION, the party taking the action shall not be liable or responsible for, and there shall be excluded from the computation for any such period of time, any delays due to strikes, riots, acts of God, war, acts of terrorism or casualties.


Delivery of Notices. ASSOCIATION Representative. Whenever any notice or request for approval or consent (a “Notice”) is required to be given by either party, such Notice shall be deemed received by the other party on the third business day after such Notice is deposited in the United States mail for delivery by Certified or Registered mail. Such Notice shall be addressed (i) if to the ASSOCIATION, to the Resident Agent of the Association as shown in the records of the State Department of Assessments and Taxation of Maryland, or any successor agency, and (ii) if to A & A __________________. A & A may rely on any written document signed or purportedly signed by any officer of the Association as constituting any consent or approval required hereunder.

Severability. If the application of any term or provision of this Declaration whether in whole or in part be held invalid or unenforceable in general or in any instance, the remainder of this Declaration shall not be affected by any such holding and shall be fully valid and enforceable.


County Comments and Government Regulations. In the event that any of the provisions set forth in this Declaration conflict with any State, County, or other government ordinance, statute, rule or regulation or any matter required by Baltimore County as a condition of Site Plan approval such ordinance, statute, rule, regulation, or other government provision shall supersede the relevant provision set forth herein.

Incorporation of Agreement. It is the intent of the parties that the terms and provisions of this Declaration of Covenants and Restrictions be incorporated into any zoning and Site Plan approval by Baltimore County, Maryland for the project including approval by the Planning Board, the Hearing Officer and/or the Development Review Committee.

Covenants Do Not Run with the Land. The parties hereto covenant and agree that all of the terms, covenants, conditions, agreements, rights, privileges, obligations, duties, specifications and recitals in this Declaration shall not be construed as covenants running with the land, or as extending to, incurring to the benefit of, and being binding upon their respective personal representatives, successors and assigns. As such the terms of this agreement shall expire and become null and void and of no further legal effect on December 31, 2013.

IN WITNESS WHEREOF, THE ASSOCIATION and A & A have caused this Declaration to be executed, under seal, as of the date and year first above written.

WITNESS: THE ASSOCIATION:

NEWBURG NEIGHBORHOOD ASSOCIATION

___________________________ By: _______________________________

Name: Matt Totaro

Title: President


A & A ENTERPRISES, LLC.

__________________________ By: _____________________________

Name: Craig Witzke

Title: Managing Member
STATE OF MARYLAND, COUNTY OF __________________, TO WIT:

I HEREBY CERTIFY, that on this _____ day of _______, 2008 before me, the undersigned officer, personally appeared Matt Totaro, who acknowledged himself to be the President of the Newburg Neighborhood Association, Inc.. and on behalf of said association did acknowledge that he, as such President being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of such corporation by himself as such President.

IN WITNESS WHEREOF I have hereunto set my hand and Official Seal.

______________________________
Notary Public

My Commission Expires:



STATE OF MARYLAND, COUNTY OF __________________, TO WIT:

I HEREBY CERTIFY, that on this _____ day of _______, 2008 before me, the undersigned officer, personally appeared Craig Witzke, who acknowledged himself to be the Managing Member of A & A Enterprises, LLC. and on behalf of said company did acknowledge that he, as such Managing Member being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of such corporation by himself as such President.

IN WITNESS WHEREOF I have hereunto set my hand and Official Seal.

______________________________
Notary Public

My Commission Expires:






Exhibit A- Legal Description of Property

AS TO 9 NEWBURG AVENUE:
BEGINNING for the first at a point on the east side of Newburg Avenue at the distance of one hundred fifty feet south from the intersection of said Avenue with the Frederick Road; running thence south bounding on the east side of said Avenue one hundred feet; thence east at right angles with said Avenue north 77 degrees 25 minutes east 263 feet 6 inches to the outline of the whole Lot Number Seventeen (17) on the Plat of Catonsville; thence northwesterly bounding on said outline and parallel with Newburg Avenue one hundred feet and thence by a direct line to the place of beginning; with the right of use of an alley sixteen feet six inches wide communicating with the said Frederick Road from the northeast corner of this lot.

The improvements thereon being known and designated as 9 Newburg Avenue.

Tax Account No. 01-13-855205.

BEING all and the same lot of ground which by Deed dated October 21, 2004, for the consideration of $0.00, and recorded among the Land Records of Baltimore County, Maryland in Liber No. 0020947, folio 466, was granted and conveyed by Jay Allan Muir, Sr. Trustee of the Trust Estate of Myrtle S. Muir, unto Jay Allan Muir, Sr.

AS TO 11 NEWBURG AVENUE:
BEGINNING for the second at a point on the east side of Newburg Avenue at the distance of two hundred fifty feet south from the intersection of said Avenue with the Frederick Road; running thence south bounding on the east side of said Avenue seventy feet; thence east at right angles with said Avenue north 77 degrees 25 minutes east 263 feet 6 inches to the outline of the whole lot Number Seventeen (17) on the plat of Catonsville; thence northwesterly bounding on said outline and parallel with Newburg Avenue seventy feet, and thence by a direct line to the place of beginning.

The improvements thereon being known and designated as 11 Newburg Avenue.

Tax Account No. 01-13-855204.

BEING all and the same lot of ground which by Deed dated October 21, 2004, for the consideration of $0.00, and recorded among the Land Records of Baltimore County, Maryland in Liber No. 0020947, folio 466, was granted and conveyed by Jay Allan Muir, Sr. Trustee of the Trust Estate of Myrtle S. Muir, unto Jay Allan Muir, Sr.







Exhibit – “B” – Prohibited Uses

Until December 31, 2013 A & A will agree not to lease the premises to organizations engaged in operations as:


Fast Food Restaurant
Alcohol Beverage Packaging Store
Bar
Billiards Hall
Bowling Alley
Coin Operated Dry-Cleaning
Fuel Service Stations
Laundromat or self service laundry
Rail Passenger Stations
Public Utility Service
Recreational Vehicle parking lot
Tavern
Transit Facility
Boat Yard
Golf Driving Range, batting cage or miniature golf
Marina
Motel or Motel Court
Sludge disposal facility
Volunteer Fire Company

PLEASE NOTE: This was the original draft copy. We were waiting for comments, from the Association's Counsel, on which of these uses the Association would reccommend be prohibited for 5, 10, 20 years or forever.
No notice was ever given, that they had decided to stall the negotiations or start their "Campaign of Fear". We had no idea that they had decided to make an attempt at stripping the current zoning from the property. Craig