The following conditions and restrictions are set forth in the contract of Sale between North East Financial Corporation and the J. P. Cabot Equity Corporation dated November 20, 1972, and recorded among the Land Records of Cecil County in Liber WAS No. 300, folio 582. They were published in J. P. Cabots HUD offering statement, file No. 1630, dated March 2, 1973.
When J. P. Cabot Equity Corporation deeded the roads, community lands, and improvements to the Chesapeake Isle Civic Association, Inc. in 1979, the Civic Association also obtained status as the first party. Property owners are referred to as second party in the following restrictive covenants.
Please note that the minimum setbacks required by the county zoning ordinance differ from those mentioned in article (3) below. The County requires 50 foot front and 50 foot rear setbacks in some cases. The 10 foot side setback permitted by the county does not apply to Chesapeake Isle. Corner lots require two front and two side setbacks (i.e. no rear setbacks). In any event, no dwelling or any part thereof shall be erected closer than 35 feet to the street lines of the property not closer than 12 1/2 feet to the other lines thereof. Pleas contact the CICA Architectural Review Committee or the Zoning Office of Cecil County Planning and Economic Development regarding questions in any given case. Also note that trailers referred to in Article (1) of the Restrictive Covenants include mobile homes. Lastly, please refer to the Architectural Review Committee Charter for current procedure for submitting architectural drawings.
(1) No buildings shall be erected by the second party other than a dwelling, garage and such sheds or outbuildings as are requisite or customary on strictly residential property; such buildings shall not be so constructed as to constitute an insurance or their hazard not be of such flimsy or poor construction as to be a deteriorating influence on property values. No tents, trailers, or temporary buildings or shelters shall be erected or placed on the lot(s). Prior to the erection of any buildings, the second party shall submit, in duplicate, detailed drawings, specifications, and costs thereof, which shall be subject to the approval of the first party, which approval shall be signified by the affixing of sail first partys corporate seal thereto. Once construction of a building has commenced, the exterior of the same must be completed within six (6) months from the date said work began. Alterations and changes in design and construction of both completed buildings and those under construction shall require written approval of the first party before making such changes or alterations.
(2) The second party shall not erect more than one dwelling on a numbered lot, nor other than a one-family dwelling, nor subdivide said property for the purpose of erecting more than one dwelling, without the written authorization of the first party; further, the second party shall not erect any store or commercial business. No enterprise or activities of a nuisance character to the community shall be conducted. No poultry or livestock shall be raised or kept by the second party, not maintained on any lot or lots of said subdivision at any time; and no signs shall be erected or displayed on the premises.
(3) No dwelling or any part thereof shall be erected by the second party closer than 35 feet to the street lines of said property nor closer than 12 1/2 feet to the other lines thereof. Until completion of the dwelling and thereafter, grass and weeds shall be kept mowed by the second party so as not to exceed six (6) inches in height, and if not done, the first party may do, or have the same done, as often as necessary, and the second party agrees to pay promptly the entire cost of such work.
(4) Sewage facilities shall be a septic tank with tile field. All sanitation facilities constructed on said property shall conform to Cecil County Board of Health requirements and be so constructed and operated as not to be a menace to the water supply and health of the community. Refuse and garbage shall not be allowed to accumulate out of doors, but shall be buried or promptly disposed of.
(5) To insure the observance of these restrictions, the first party, or any owner of any of the lots in the said development, as now or subsequently developed, shall have the right to prevent any breach thereof by an injunction, and to recover whatever damages may have been suffered fro many such breach; and these covenants shall run with the land and shall be kept by all parties owning, occupying or using said lot, lots or property, and shall be binding upon the heirs, personal representative, successors and assigns of the respective parties.