Fox Hunter Crossing

Community Deed Restrictions

Deed Restrictions

DECLARATION OF RESTRICTIONS
APPLICABLE TO CHOPTANK-ON-THE-HILL



THIS DECLARATION, made this 13th day of September, 1996, by STOVER BUILDERS, INC., a Delaware corporation (hereinafter “Declarant”);

WITNESSETH:

WHEREAS, Declarant is the owner in fee simple title of:
ALL that lot, piece or parcel of land situate in St. Georges Hundred, New Castle County, State of Delaware, as shown on the Record Major Subdivision Plan for Choptank-on-the-Hill prepared by Clifton L. Bakhsh, Jr., Inc., Professional Land Surveyors and Planners, dated October 27, 1995, of record in the Office of the Recorder of Deeds, in and for New Castle County, Delaware, at Wilmington, in Microfilm Record 12694, and in the description which is attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter “Choptank-on-the-Hill”); and

WHEREAS, Declarant wishes to impose upon said lands and bind itself, its successors and assigns who become the owners of the lots comprising said parcel of land, to certain covenants; and

WHEREAS, Declarant does impose upon said lands and premises the following covenants:

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the Declarant does covenant and declare that it shall hold and stand seized of the lands described on said Exhibit “A” hereto under and subject to the following restrictions, easements, covenants, agreements, conditions and reservations (hereafter “Declaration of Restrictions”), which it has already agreed shall be covenants running with the land included within the aforesaid metes and bounds as shown on Exhibit “A”, and which shall be binding upon the Declarant, its successors and assigns, and which said Declaration of Restrictions are hereby imposed for the equal benefit of each lot or parcel of land included within the aforesaid metes and bounds.

1. This Declaration of Restrictions shall run forever with the land included within the aforesaid metes and bounds unless such a duration would be contrary to any rule of law, in which event said restrictions shall be effective for so long as permitted by law and in no event less than twenty (20) years from the date hereof. These restrictions shall be binding upon the Declarant hereto, its successors and assigns, and all persons claiming under it for said duration.

2. Subdivision of lots in Choptank-on-the-Hill shall be subject to the prior written approval of Declarant. No resubdivision of any lot shall be permitted without the prior written approval of Declarant. All lots included within the aforesaid metes and bounds shall be known and described as residential lots and no building shall be erected, placed or permitted to remain on any residential building lot in Choptank-on-the-Hill, other than one detached single-family dwelling house (not to exceed two and one-half (2.5) stories in height or three (3) stories on the down slope side of dwelling) and a private garage for the exclusive use of the owner or occupant of said dwelling. For the purpose of these restrictions, “single-family” shall not include more than (3) persons who are not related by marriage or blood.

3. No building, structure of any kind, ornaments, fence, pond, shelter, trees or other plantings, tennis court, swimming pool (above ground or in-ground), storage shed or other freestanding structure, outside lights, radio or television antennae, satellite dishes, streets, roads, driveways and parking areas, or other structure (collectively referred to as “structure” or “structures”) shall be constructed, erected, placed, replaced, moved, removed or altered on any lot unless and until the proposed building plans, set-backs, specifications, materials, exterior color or finish, elevation, site layout, planting plan and/or plot plan showing the proposed location of each structure, and identification of contractor and construction schedule, shall have been submitted in writing to and approved by an Architectural Review Committee (hereinafter “ARC”) for the purpose of approving all construction, improvements, site and location of buildings or structures, planting plans and similar matters within Choptank-on-the-Hill. Approval of plans set-backs, location, alterations, specifications, materials, exterior color or finish, elevation, site layout, planting plan, plot plan and other matters as aforesaid may be refused by the ARC upon any ground, including safety or the appearance of the structure from the adjoining residences, which in the sole and absolute discretion of the ARC shall seem sufficient; provided, however, that the ARC shall have thirty (30) days from the actual receipt of written submission of said plans and like matters as aforesaid sent by United States Postal Service, registered mail, to review said plans and like matters as aforesaid. Failure of the ARC to respond within such time shall be deemed an approval. No alterations in the exterior appearance of any building or structure shall be made unless approved by the ARC.

4. The Declarant may, at any time, but no later than the time of sale of the last lot owned by the Declarant, transfer the control of the ARC to the homeowners and/or the Choptank-on-the-Hill Service Corporation (the “CHSC”). Thereafter, the powers and duties of the ARC, as enumerated in this Declaration of Restrictions, shall become vested in the Choptank-on-the-Hill Service Corporation.

5. The ARC shall be made up of at least one (1), but no more than three (3), individuals. The initial member or members of the ARC shall be designated by the Declarant.

The ARC shall vote on all plans, set-backs, locations, alterations, specifications, materials, exterior colors or finishes, elevations, site layouts, plot plans and all other matters concerning Choptank-on-the-Hill as aforesaid submitted to it for approval. A two-thirds (2/3) majority vote is required for the approval of any and all matters submitted to the ARC. In the event of any dispute between the ARC, the Declarant or any members of the ARC and any property owner in Choptank-on-the-Hill, the aggrieved party’s sole remedy will be binding arbitration before the New Castle County Better Business Bureau, so long as it is real estate related arbitration, or, if it is not real estate related arbitration, then before the American Arbitration Association in Philadelphia, Pennsylvania, under its commercial arbitration rules.

Choptank-on-the-Hill Service Corporation and the owners of lots within Choptank-on-the-Hill, by accepting a deed to a lot, agree to indemnify and hold harmless the Declarant and members of the ARC if they are threatened to be made a party to or are made a party to any threatened, pending or completed action, suit or proceeding by reason of the fact that he is or was a member of the ARC, or in the case of the Declarant, the Declarant acting as part of the ARC, or an employee or agent of the ARC, or is or was serving at the request of the ARC, as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including reasonable attorney’s fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with any such action, suit or proceeding, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the ARC, and had no reason to believe his conduct was unlawful or improper. Any person acting on the basis of an opinion of counsel shall be presumed to have acted in good faith. To the extent that the Choptank-on-the-Hill Service Corporation is without sufficient funds to pay the indemnified amounts as hereinbefore provided, the owner of each lot, other than the Declarant, shall contribute to the Choptank-on-the-Hill Service Corporation their proportionate share of those costs based upon the indemnified amount divided by the number of lots, other than lots owned by the Declarant. Such payment shall be due within thirty (30) days of the lot owner receiving a bill for those amounts. Any amounts not paid within thirty (30) days shall be a lien against the lot and improvements, junior and subordinate to any mortgage then existing on the lot, and may be collected by the Choptank-on-the-Hill Service Corporation or by the members of the ARC or the Declarant as any other expense collectible under the terms of this Declaration.

6. All construction, building, electrical, heating, air-conditioning, plumbing and any and all other work must be performed in accordance with the applicable existing laws, rules and regulations governing the same and shall be subject to inspection and approval by properly authorized inspectors.

7. There shall not be erected, permitted or maintained upon any of the lands conveyed in this subdivision, any truck in excess of ¾ tons, tractor, commercial van, derelict car, trailer, mobile home, tent, shack, barn, stable, cattle yard, hog pen, foul yard, or building of any nature or description except a single-family residence, garage or other accessory structure, constructed in accordance with these restrictions, nor any graveyard, hospital, sanitarium, asylum, or similar or kindred institution, nor shall any animals, other than domestic animal or pets, or any form of business (for profit or otherwise, including the breeding of household pets) be housed or maintained or kept on said land (including but not limited to any household business); nor may any noxious or offensive activity be carried out or upon any lot; nor may anything be done which may be or may become an annoyance to any other lot owner.

8. No signs, notices, or advertising matter of any nature, or description, shall be erected, used or permitted upon any lots or ways without the prior written permission of the Declarant.

9. No commercial or recreational vans, boats, trailers, self-propelled motor homes, campers or other recreational vehicles as defined in 21 Del. C. 101(29) or boat shall be maintained or parked on any lot or street of the herein described property, unless parked or stored in a closed garage; provided, however, that an owner may maintain one of the foregoing outside of the closed garage but not closer to the street than the front of the garage, or the front of the house if the garage does not face the street. All such vehicles shall bear current Delaware registrations and sit on inflated tires at each wheel. No such vehicles shall remain on the street for more than forty-eight (48) hours without having been moved.

10. No pigs, chickens, poultry, rabbits, pigeons, cattle, goats, sheep, horses, animals traditionally considered to be wild animals, other non-household pets, or household pets which are or threaten to be vicious, shall be kept or placed upon any portion of the above described tract.

11. Each lot owner shall prevent the development of any unclean, unsanitary, unsightly or unkept conditions of buildings or grounds of his lot which shall tend to decrease the beauty or safety of the area as a whole or the specific area; nor shall any subsequent owner of these lands permit the accumulation of wild growth, logs, fallen trees, litter, new or old building material (for other than immediate use), or other trash upon said lands, thereby creating an unsightly, unsanitary or unsafe condition, except, however, the natural vegetation shall accumulate in the rear yard building restriction area as set forth in Paragraph 19 hereof, which area may not be disturbed except as provided in Paragraph 19 hereof. At no time may grass or weeds be allowed to grow to a height of more than four inches (4”).

12. Each lot owner shall provide receptacles for garbage, not generally visible from the common public streets and roadways of Choptank-on-the-Hill, or provide underground garbage receptacles. All laundry drying areas shall be so located or screened to be concealed from view of passerby on the common public streets and roadways of Choptank-on-the-Hill.

13. The Declarant or the Choptank-in-the-Hill Service Corporation is permitted by these covenants to correct, repair, clean, preserve, clear out, or perform any action on the property of any lot owners required by Paragraphs 11, 12 or 15 hereof, or any other provision of this Declaration of Restrictions. The Declarant or the CHSC, by entering the lot and taking such action, shall not be deemed to have trespassed.

14. No unlicensed motor vehicles shall be used on any area location within Choptank-on-the-Hill, and no licensed two or three wheeled, self-propelled vehicles shall be used on any common area or street area located within Choptank-on-the-Hill, except a lot owner may permit a two or three wheeled vehicle to be operated on his or her lot. There shall be no “joy riding” on any part of Choptank-on-the-Hill. All vehicles shall contain properly functioning mufflers.

15. There shall be no trees, shrubbery, structures, fences or other obstructions placed in any drainage easements shown on the Record Major Subdivision Plan for Choptank-on-the-Hill.

16. No noxious, offensive or illegal activity shall be conducted on any lot, nor shall anything be done within Choptank-on-the-Hill which constitutes an annoyance or nuisance or otherwise deprive any owner or resident of the quiet enjoyment of the property. No loud noises or music, such as to annoy or offend any adjoining lot owner, may be caused or played within Choptank-on-the-Hill. The residences in Choptank-on-the-Hill are intended to be rural homes, therefore, it is necessary for each occupant of a residence to minimize activities which may be heard in adjoining residences. For this reason, the volume of music and noise must be limited to a level which cannot reasonably be heard in the adjoining residence after 9:00 p.m. on non-holiday weekdays and after 11:00 p.m. on holidays and weekends so as to minimize annoyance to neighbors.

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Exhibit “A”

ALL that certain plantation, farm or tract of land situate in St. Georges Hundred, New Castle County and State of Delaware, commonly known as “Choptank-on-the-Hill,” more particularly bounded and described in accordance with a recent survey made and prepared by Clifton L. Bakhsh, Jr., Inc., Land Surveyors, Engineers and Planners, as follows, to-wit:

BEGINNING at a point in the centerline of Choptank Road, said point being the centerline intersection of Choptank Road (County Road #435) and Churchtown Road (County Road #432).

THENCE from the point of beginning, along the centerline of Choptank Road, the following twelve (12) courses and distances:

1) South 46 degrees 28 minutes 14 seconds East, 178.48 feet to a point;

2) South 37 degrees 23 minutes 26 seconds East, 889.59 feet to a point;

3) By the arc of a circle curving to the left, 299.70 feet (R=2731.72 feet), chord bearing South 40 degrees 32 minutes 00 seconds East, 299.55 feet to a point;

4) South 43 degrees 40 minutes 35 seconds East, 633.15 feet to a point;

5) By the arc of a circle curving to the right, 637.54 feet (R=1295.22 feet), chord bearing South 29 degrees 34 minutes 31 seconds East, 631.12 feet to a point;

6) South 15 degrees 28 minutes 26 seconds East, 859.16 feet to a point;

7) By the arc of a circle curving to the left, 393.87 feet (R=2555.49 feet), chord bearing South 19 degrees 53 minutes 22 seconds East, 393.48 feet to a point;

8) South 24 degrees 18 minutes 18 seconds East, 737.27 feet to a point;

9) By the arc of a circle curving to the left, 199.37 feet (R=1025.00 feet), chord bearing South 29 degrees 52 minutes 38 seconds East, 199.06 feet to a point;

10) South 35 degrees 26 minutes 58 seconds East, 331.33 feet to a point;