COVENANTS FOR BANNOCKBURN
LIBER 785/ Folio 224
At the request of Bannockburn Heights Improvement Company, the following Declaration of Restrictive Covenants was recorded July 5th. 1940, at 1:00 P.M. to wit: Declaration of Restrictive Covenants
This Declaration made this 24th day of May 1940 by Bannockburn Heights Improvement Company, as the present owner of land and premises situate, lying and being in Montgomery county, State of Maryland, described as follows: All that tract of land bounded by the North by River Road and the two small tracts of land owned by the Concord M.E. Church and C.E. King, respectively, on the East by Wilson Lane, on the South by the Cabin John Creek National Park and on the ‘West by Boothe Run and the tract of land now or formerly owned by Frances Archbold Hufty.
Witnesseth, That Whereas; for the purpose of (First) protecting the purchasers of parts of said property from depreciation of value thereof, land (Second) facilitating the sale by the said Bannockburn Heights Improvement Company its successors and assigns, of the land within said boundaries by reason of its ability to do so assure such purchasers of such uniformity and protection against such depreciation, and (THIRD) to make or certain that said restrictions shall apply uniformly to all lots or parcels in said tract to the mutual advantage of said parties and all those who may in the future claim title through the said Bannockburn Improvement Company.
WHEREAS, the covenants land restrictions hereinafter set forth have been duly adapted after careful consideration by the said Bannockburn Heights Improvement Company, as those to be imposed by this instrument, and the same leave been printed on and made a part of forms for contracts of sale of parts of said tract to be used by said Bannockburn Heights Improvement Company, and its agents.
Now, Therefore, Know All men by these Presents, that the Bannockburn Heights Improvement Company, does hereby establish land impose upon all lots of parcels in said tract (except the hereinafter described parcel located at River Road and Wilson Lane), the following protective restrictions and covenants, to be observed and enforced by itself, as well as by all purchasers of land in said subdivision, to wit:
First. That no apartment house, flats, rows of houses, stores or theatres, places of business, shall be erected or constructed on any lot or parcel, ands that all buildings erected or constructed thereon shall be designed and used for the private residences of not more than one family, except out-building for the exclusive use of owners of said lots or parcels may be erected in connection with said residences; that before the erection of any building or structures on said property the plans and specifications thereof, together with the plans together with the plans and specification of the location of said building or structures including all out--buildings, terraces land walls and the location of all driveways and walkways shall be first be submitted to and approved in writing by the Bannockburn Improvement Company, or their designated agents.
Second, that said property or any building or structure, including out-buildings shall never by used or allowed to be used for the manufacturing, mechanical, business, hotel, tourist home, boarding house, theatre, night club, road house or entertainment purposes or for any other purpose which would be a nuisance or objectionable to the neighborhood.
Third, That no portion of any building or structure, including out-buildings shall be erected or constructed within sixty feet of .the street line of any lot or parcel, and no such building or structure, including out-buildings, shall be erected within fifteen (15) feet of the side lines of any lot or parcel, unless the Bannockburn Heights Improvement Company, or their designated agent shall give its written consent to the erection or construction of such building or structures, including out-buildings, within a distance nearer than fifteen (15) feet of the side line , or nearer than 60 feet of the front property line, of said lots or parcels.
Fourth. All commercial autos or trailers owned or being used by the owners or occupants of said property shall be housed, and not allowed to be parked on or in front of said property, unless they are entirely hidden from view from the front street and the adjoining neighbors.
Fifth. That no sign, billboard or similar device shall be erected, placed or maintained upon said property; nor shall said property or the building or structure erected thereon, be used in any manner so as to endanger the health and comfort of or unreasonably disturb the peace and quiet of any owner of the adjoining property or of the neighborhood. This covenant shall not apply to signs erected by the selling agents of this property.
Sixth. That no heating apparatus, in or for any building erected or to erected to be erected upon said property, shall be fired or operated with anything other that smoke free fuel, unless such apparatus be equipped. operated and maintained with adequate devices that eliminates smoke.
This Seventh restriction land covenant, relative to race and creed has been declared unconstitutional by the United States Supreme Court and in therefore unenforceable.
Eighth: That no re-subdivision of the said property nor any division of the same be made without the consent in writing of the Bannockburn Improvement Company or its designated agents.
Ninth. That without the written consent of the Bannockburn Heights Improvement Company, or their designated agents, not more that one such dwelling house or structure shall be erected or constructed upon any lot or parcel.
Tenth. That the covenants herein contained shall apply and are hereby limited only to all the herein before described tract, excepting, however that portion thereof, located at the Southwest corner of Wilson Lane and River Road, extending along River Road to a point 1200 feet from said corner and along Wilson Lane to a point 1000 feet from said corner, which comprises the area with the intersection of lines drawn at right angles from said two points.
Eleventh. That Bannockburn Heights Improvement Company. or their designated agents, expressly reserves to itself and its successors, and it is hereby granted the right, in case of any violation of any of the conditions or upon a breach of any of the covenants or agreements herein contained, to enter the property upon which, or as to which such violation of breach exists, and to summarily abate and/or remove the condition or things, that may exist, or to be thereon, contrary to the intent and meaning of the provisions thereof, as interpreted by said Company and the Bannockburn Heights Improvement Company shall not by reason, thereof be deemed guilty of any manner of trespassing for such entrance abatement, or removal, which shall be at the cost and expenses of the owner of the property. Failure by the Bannockburn Heights Improvement Company, ore their designated agents, to enforce any of the covenants of this Deed shall in no event be deemed a waiver of the right to do so thereafter, or of the covenant itself.
Twelfth. Phillips and Canby, Inc are hereby named the designated agent of the Bannockburn Heights Improvement Company until another agent designated of record.
Witness the corporate signature and seal of the said Bannockburn Heights Improvement Company Attest:
Catherine B. Grimes Bannockburn Heights Improvement Company
Secretary (Corporate Seal) By Leander C. Claflin
THE FOLLOWING IS AN ADDENDUM TO THE COVENANTS
BANNOCKBURN CITIZENS ASSOCIATION
November 19, 1957
NOTICE to all property owners in Bannockburn and Bannockburn Heights
By virtue of assignment and designation of agent recorded June 20, 1956 in Liber 2220 at Folio l362 among the land records of Montgomery County, the authority for the enforcement of the restrictive covenants for Bannockburn and Bannockburn Heights has been transferred from the Bannockburn Heights Improvement Company, original owners and developers of the Bannockburn and Bannockburn Heights area, to the Bannockburn Citizens Association. A copy of the covenants, applicable to the area in which you own property is attached to this notice.
It is important that all owners of lots or parcels, both improved and unimproved, including parcels for which no subdivision has been recorded, be duly informed of the terms of the covenants and of the steps that must be taken to secure the necessary approval of the Bannockburn Citizens Association before any further subdivision or re-subdivision can be recorded, or before any building or structure can be erected on any land included in the areas originally recorded as Bannockburn and Bannockburn Heights.
Instruction for making application for such approval or for the waiver in part or as a whole, of any of the conditions required to be met under the terms of the covenant are appended.
In the event of the proposed sale of any lot or parcel in Bannockburn or Bannockburn Heights, whether improved or unimproved, the owner should apprise any prospective purchased, and all agents who may be involved in the proposed transaction, of the existence of the approved covenants land of the methods that will be used in their enforcement.
Bannockburn Citizens Association