410 893 87 7 4~_~ ..:.P...:..0;;;..;4 _Oct-15-9a 03:01P HGS

6: l0/15/9R 6 : 41 04.DOC

h£1

Section 2. ''Construction'' shall not include tr~~ harv~sting under an

approved and/or pcnnitted tree h;:uvcstillg program. "Constnlclion" shall include the

following activi ties:

(1) (lTading;

(2) filling;

(3) Trenching;

(4) Tunneling;

(5) Storage of construction materials or equipment;

(6) Placement or operation of vehicles, equipment or

constmction trailers;

(7) Placement or maintenance of sediment a.nd erosion control

d~vices;

(8) Any other conslm(.,iion activity that may rcsult 111 l:'oiJ

compaction or damage to a lr~e.

Section 3. "Declarant" shall meun and refer to the Declarant named in the ,

first paragraph of this Dcc!luatioll (hereinafter sometimes refelTed to in the singular neuter),

its personal repl'cscnrativcs, successors and assigns if such assigns should acquire mOre than

one (1) undevdoped ',ot or parcel for the purpose or development and arc expressly grunl~

the rights oftlle Declarant in co~iunctjon therewith.

Section 4. "Department" shall mean and retcr to the Hartord Cuunty

Department of Planning and Zoning and any similar govcrruncntal department or agency

3

lIBERI:' ,14 FDuoe 64 S

410 B93 8774 P.05Oct-15-9B 03:01P HGS

(, : 10/15/98 6: 4IU4.DOC

hf2

succeeding 10 the powers of the Department of Planning and Zuning rclaling In nee

Conserva.tion.

Section 5. "Forest Conservation Area" shall mean and relor to arCill'i

dc:signated "allorcstatinl1 <lrea'\ "relllresta1iol1 area", "ti)Tt;~~l retention area" and "individUal

tree planting" 011 the Plat.

Sectioll 6. "Lot" shall mean any Lot or pared illchldcd within the Property

descrihed in Exhibit A.

Section 7. "Owner" shall mean the person who holds fee simple title 10 any

Lot as ddlned herein. 111e lenll Owner shall not include u mortgagee Or other person who

holds title lor the purpose of collateralizing a deht

Section 8. "Property" shall meM nnd refer to all that re'dl property described.

in and shown on Exhihit A which is alUtehed hereto and made a part hereof.

Section 9, "Tree that is to bl:: Retained" shaJl mean and refer to trel::S located

within a Forest Conscrvatio11 An~a and to be retained, ~xcludjng those trcc~ that are properly

harvested.

ARTICLE II USE RE~TRTCTTONS

~ection t. No Construction shall he pemlitted withi.n the driplinc or a tree

thaI is to he retained unless an exempliun is granted by the Department.

Section 2. Conslnlclion llllL<;ide the dripline of a tree that. is to be relained

and constructi~m within the dripline of a tree that. is to be retained in (Iccordancc wilh un

4

L1BER~' .f;.U FflllO~l' 4 9

410 893 8774 P.07Oct-15-98 03:01P HGS

6: 10/15/98 6: 4104.DOC hl2

tem\ination and executed hy a majority of the Owners with the Concurrencc or the

Depaltmcnt.

Scctioll 4. Amcndments. This Declaration and the limits of the Forest

Conservation Area may be amenJed a~ follows:

a. The limits or Forest Conservation Areas and the Use

Restrictions contained in this Oeclarmion. shall be subject to modification by the Owner

with the concurrence of the Oepartment. Such amendment:> shall bc cviJenced by the

recording of an amended plat signed by the reljpectlve Owner und applicable CounLy

agencies nr an amended Declaration signed by the Owner and recorded in the Land Records

or Harford CO\lnty. whichever is applicable.

b. The provisions or this Declaration and lhe Pint. shaH be

amended in accordance with a final decision of the Bonrd or Appeals. Such amcm.JmenL

shall hecome etlective upon the recortling or all amendmcnt to this Declaration

inCllrpontling a copy of the decision of the Board or Appeals 01' a fair summury thereof as

an exhibit. Such amcndment must he executed by the applicable Owm:r and have the

concurrence of the~Dcpartmcnt.

IN WITNESS WHERUOF. the Declarant has execuled this Declaration liS of the

/.Aay of O~.._.__.19_?J

JOPPA EAST LIMITED PARTNERSI·lIl lATTEST:

By:

By:

Managing Memher Morris H. Wolf,

(j

llHERIS34 FOLIOS 61 ,

Oct-15-9B 03:02P HGS 410 893 B774 P.OS

6: lO/ISN8 6: 4lO4.DOC

hl2

ATrEST:

~~~ 1\ Ipeus . ones

ilh.u~~ (SEAL)Marie B. Jon .

STATE Of MARYLAND, Jf?~~ COLJNTY, TO WIT:

I HF.REB Y CERTIFY that on this /5-d day of~

bc1im~ 1TIt:, the subscriber, a Notary Puhlic of the State and County <.tf(lresaid, personally

appeared Morris H. Wolt: known to me (or smisfactorily proven) 10 he the Managing

Mcmhl:'r 01" Joppa EtlSt, LLC. a Maryland Limited T,il1hility Company, the General Parlner

of Joppa East Limited Partnership, a Maryland Limited Partnership, and acknowledged that

he, as such Mam\Bing Memher of Joppa Ea.st. LLC, being aulhori~d to do so, executed the

Illregoing instrument for the purposes contained therein on hchal ror said limiled liability

company and said limited partnership. as lheir n:spc(.;!ive m:ts and deeds, and in my

presencl:' signed and sealeulhe same.

AS WITNESS my hand ami Notarial Seal.

My Commi~sion expires: ~/I /00

Oct-15-9B 03:02P HGS 410 893 8774 P.09

6: IO/J5/9R 6: 4104,DOC

ht2

STATE OF MARYLANf),H1\iL...·ORF~-COUNTY, TO WIT: ~ .

...-JJ.- O· 1'--/, 't.,I HF.RF.BY CERTIFY that on this _6_"ddlay of____~__->.~ in lhe

year 19 jJ__ , before me, the ~\1bscrib~r, a Notary Public of the Slale and Coun(y

aforesaid, duly commissioned and qualified, p~rsonfllly appeared Jerry Shepard who

acknowlcdgoo the foregoing to be his Act flnd Deed.

AS WITNESS my hund and Notarial Seal.

My Conunissiol1 E'Pires: ~i~ _/~lth~ Notary Pubhc

STATE OF MARYLAND, lMlU-:8RG-C01INTY, TO WIT: ~

THEREBY CERi'IFY 1hat (In this/~y of [)~ , in the

year 19-,-'1-=.&__ . before me, lh~ subscriber, a Notary Public of lhe Slate and County

aforesaid, duly commissioned and qualified, personally appeared .lUlIZlIS A. Ryckis who

acknowledged the Jur~going 10 be his Act and Deed.

AS :VITNES~ my hand and Notarial Seal.

My Commission Ex ires: -~~ IJ..-J; Notary Public

STATE OF MARYLAND.~ COUNTY, TO WIT:

11lEREBY C=hat on this li!!.day of ~ , in the

y~"r 19 j~ , before me, the suhscriher, it NOlary Public of the State and County

UBER2~ ·4 fOlIOO 6~B 3,

410 893 8774 P.10Oct-15-9a 03:02P HGS

6: 10/15/98 6 : 41 04.UOC hf2

aforesaid, duly eOl11l11issiontld and qualified. personally appeared A Ipeus Jones who

ucknowleuged the lim~going to he his Act anu Deed.

AS WITNESS my hand and NOlarial Seal.

My Commission Expirt::l: _!.~(( 1"8 Notary Public

STATE OF MARYLANn, Hi'dU"ORD COUNTY, TO WIT: .~

TIlEllli13Y CF:RTTFY that on lhis /s'tay of o~ ,inthe

year 19 q8 before me, the subscriber, a Notary Public of the State and CounLy

aforesaid, duly commissioned and qualitied, p~rs()nally appeared Marie It Jones who

acknowledged the foregoing to he her Act and D('.cd.

AS WITNESS my hand and NOlarial Seal.

My Commission EXJ;lires: (,1/(/1%

I f

ATTORNEY CERTIFICATION

This is to certify rllat the within instrument was prepared by an allomey or under an attorney's supervision.

/Oct-1S-9B 03:02P HGS 410 893 8774 P.Il

6: J0/1 5/98 6: 4104.00C

ht2

fOREST CONSERVATION DECT .ARATJON OF COVENANTS AND RESIRlCTIONS

F.XI ll.l3lT A

Description of Prop~rty Subject to Forest Conscrv[dion DeclarAlion

ALL OF THAT real properly situate and lying in lhe first Eleclion District or Hurf()rd County. Maryland cUld more hilly described as follows:

ALL TH/\T 1,AND shown on the following plats:

1. Plat entitled, "FINAL PLAT ONE - PHASE I - SECTION I _ GUN POWl)F.R" recorded among lhe Land Records ()r Hal'lbrd County, Maryland at Plat Rook C.G.H. No. 9& ' folio \ l .

2. Plat entilled, "FINAL PLA.T TWO - PHASE 1 - SECTION 1 ­GUNPOWDER" rel:orded runong the Land Records of Harford Counly, Maryland at Pla[ Book C.G.H. No. q<a ,folio --LQl.--.:

J Pint entitled, "FINAL PLAT TJIREE - PHASE T - SECTION J ­

GUNPOWDER" recorded uITIong the Land Records of' Harford County, Maryl.md at Plat Book e.G.a No. '1<0 ,I()ho \::'.

4. Plat entitled, "FINAL PLAT FOUR - PHASE I - SECTION I ­GUNPOWDER" recorded among the Land Records of' Hartbrd County, Maryland al Pial Book C.G.H. No. ~ folio ---11-.

5. PIal entitled, "fiNAL PLAT FIVE - PHASF. 1 - SECTION I • GlJNPOWDER" recorded among the Lmlll Rtll:ords of Hurford County, Maryland al PIal Book e.O.H. No. ~ folio 1'5" .

6. Plat entitled, "FINAL PLAT ONE - PHASE 1 - SECTJON 11 ­GUNPOWDER" recorded among the Land Records or Harlflrd C~ll.lI1ty. Maryland at. Plat Book C.G.H. NIL ~ folio I (0 .

7. PIal tmlille<l. "FINAL PLAT TWO - I'HASE I - SECTION It ­GUNPOWDER" n:cordcd among the LlU1d Rceord~ of He:tr1ord Counly, Ml.tryluml ttl Plat Dook C.G.I!. No. 0, <.LJ • rolio ~

R. Plat entitled, "FINAL PLAT THR1.ili - PHASE l • SECTION 11 -OlJNPOWDER" recorded among the Lruld Records of Hurford Counly, Muryland al PIal Bonk c.nn. No. ~ (olio..J..£-,

10

P.12410 893 8774Oct-15-98 03:03P HGS , t·

6: 10/15/98 6: 4104.DOC hf2

9. Plat cntitl~d. "FINAL PLAT FOUR - PHASE 1 - SECTION IT ­GUNPOWDER" recorded amon~ the Land Records of Harford COlmly, Maryland at Plat Uook C.O.H. No. 9 (a ' t()lio \ q .

10. Plat entitled, "FINAL PLAT F1 VE - PHASE I - SECTION n -GUNPOWDER" recordclt among the Lund Records HI' Hurford County, Maryland at Plat Book e.G.H. No. q Ce Ihlio g;;o .l

11 MQRRlS& RITCHie ASSOCIATES,. rHO. , 139 NORTH MA!N STREET

. SUtlE200 . Bel AIR. MARYLAND 21014

('-\\0) B34i -1$.r;0L1B£RI~8 64 FDUOf),6 .86

5 : 1/3/01 6: 6406.DOC

201579

FOREST CONSERVATION

DECLARAnON OF COVENANTS AND RESTRICTIONS

IMP FD SURE $ 5.00

THIS DECLARATION, made this.:91 day of ~ 2001 by

. . d hi (h ft ~ RfCORDIMG FEE 20.00Joppa East L1ll11te Partners p ereina er relerred to as "Declarant"). forM ...... MM!.. C:;:'.flU

WHEREAS, the Declarant has applied for subdivision approval for land

Re9i HA03 RCf·t t 00565having an area in excess of Forty Thousand (40,000) square feet; and, CGH l.B BU; t 1854

WHEREAS, as a condition precedent to such approval, the Declarant has

t1dr' 29, 2801 prepared a Forest Stand Delineation and a Forest Conservation Plan; and,

WHEREAS, in order to satisfy an additional condition precedent to the

1\.....0 CI ~ approval of the proposed subdivision, the Declarant is required to enter into a binding

protective agreement that:

a. Provides protection for forest conservation areas, including

areas of afforestation, reforestation, retention and individual tree plantings;

b. Limits uses in forest conservation areas to those uses that are

consistent with forest conservation including recreational activities and forest management

practices that are used to preserve forest;

c. Incorporates conservation easements, deed restrictions,

covenants and other agreements as necessary; and,

WHEREAS, the Declarant executes this Forest Conservation Declaration of

Covenants and Restrictions for the purpose of meeting the aforesaid requirements of the

Harford County Code; and,

1

;IIJER3 41 4 FOLIO0 3 3 g ..

5 : 1/3/01 6: 6406.DOC

201579

WHEREAS, the Forest Conservation Areas are described on four plats

entitled "Final Plat One - Phase II - Gunpowder", Final Plat Two - Phase II - Gunpowder",

Final Plat Three - Phase II - Gunpowder" and "Final Plat Four - Phase II - Gunpowder" (the

"Plats") recorded among the Land Records of Harford County in Plat Book e.G.H. No.

\03 ,folios 0!)" qs , g«and q~ .

NOW, THEREFORE, the Declarant hereby declares that the Property

described in Exhibit A shall be held, sold and conveyed subject to the following restrictions,

covenants, agreements and conditions which are imposed for the purpose of complying with

the laws of the State of Maryland and Halford County relating to forest conservation and

which shall run with the Property and be binding on all parties having any right, title or

interest in the Property or any parts thereof and their heirs, successors and assigns and

which shall inure to the benefit of each Owner and to the benefit of Hal-ford County,

Maryland, its successors and assigns but to no other person.

ARTICLE I DEFINITIONS

Section 1. "Board of Appeals" shall mean and refer to the Harford County

Board of Appeals and its successors having jurisdiction over the Harford County Forest

Conservation Program.

Section 2. "Construction" shall not include tree harvesting under an

approved and/or permitted tree harvesting program. "Construction" shall include the

following activities:

(1) Grading;

2 [ISERS 414 FDUDO 34n

5 : 1/3/01 6: 6406.DOC

201579

(2) Filling;

(3) Trenching;

(4) Twmeling;

(5) Storage ofconstruction materials or equipment;

(6) Placement or operation of vehicles, equipment or

construction trailers;

(7) Placement or maintenance of sediment and erosion control

devices;

(8) Any other construction activity that may result ill soil

compaction or damage to a tree.

Section 3. "Declarant" shall mean and refer to the Declarant named in the

first paragraph of this Declaration (hereinafter sometimes referred to in the singular neuter),

its personal representatives, successors and assigns if such assigns should acquire more than

one (l) undeveloped Lot or parcel for the purpose of development and are expressly granted

the rights of the Deelarant in conjunction therewith.

Section 4. "Department" shall mean and refer to the Harford County

Department of Planning and Zoning and any similar governmental department or agency

succeeding to the powers of the Department of Planning and Zoning relating to Tree

Conservation.

3

1.!8EHm-ij14 f~L1I]03 4 r

5 : 1/3/01 6: 6406.DOC

201579

Section 5. "Forest Conservation Area" shall mean and refer to areas

designated "afforestation area", "reforestation area", "forest retention area" and "individual

tree planting" on the Plats.

Section 6. "Lot" shall mean any Lot or parcel included within the Property

described in Exhibit A.

Section 7. "Owner" shall mean the person who holds fee simple title to any

Lot as defined herein. The term Owner shall not include a mortgagee or other person who

holds title for the purpose of collateralizing a debt.

Section 8. "Property" shall mean and refer to all that real property described

in and shown on Exhibit A which is attached hereto and made a part hereof.

Section 9. "Tree that is to be Retained" shall mean and refer to trees located

within a Forest Conservation Area and to be retained, excluding those trees that are properly

harvested.

ARTICLE II USE RESTRICTIONS

Section- 1. No Construction shall be permitted within the dripline of a tree

that is to be retained unless an exemption is granted by the Department.

Section 2. Construction outside the dripline of a tree that is to be retained

and construction within the dripline of a tree that is to be retained in accordance with an

exemption granted by the Department shall be undertaken using methods approved by the

Department for the purpose ofprotecting trees that are to be retained.

4

5 : 1/3/01 6: 6406.DOC

201579

Section 3. A Forest Conservation Area shall not be used in a manner which

is inconsistent with forest conservation. A Forest Conservation Area may be used in a

manner which is consistent with forest conservation including recreational activities and

any forest practice that is used to preserve forest, including an approved forest harvesting

program.

ARTICLE III GENERAL PROVISIONS

Section 1. Enforcement. Harford County and the Owner of each Lot shall

have the right to enforce, by any proceeding, all covenants and restrictions now or

hereinafter imposed by the provisions of this Declaration. Failure of the Owners or the

CoUnty to enforce any covenant or restriction contained herein shall in no event be deemed

a waiver of the right to do so at any time thereafter.

Section 2. Severability. The invalidation of anyone of these covenants,

restrictions, conditions or agreements by a judgment or court order shall in no way affect

any other provision,which shall remain in full force and effect.

Section 3. Termination. The provisions of this Declaration shall run with

and bind the land unless tenninated by the Department and a majority of the Owners. Such

termination shall be evidenced by a Supplemental Declaration acknowledging the

termination and executed by a majority of the Owners with the concurrence of the

Department.

5

'-IBER3 474 FOLIO03 It 3

5 : 1/3/01 6: 6406.DOC 201579

Section 4. Amendments. This Declaration and the limits of the Forest

Conservation Area may be amended as follows:

a. The limits of Forest Conservation Areas and the Use

Restrictions contained in this Declaration, shall be subject to modification by the Owner

with the concurrence of the Department. Such amendments shall be evidenced by the

recording of an amended plat signed by the respective Owner and applicable County

agencies or an amended Declaration signed by the Owner and recorded in the Land Records

of Harford County, whichever is applicable.

b. The provisions of this Declaration and the Plats shall be

amended in accordance with a final decision of the Board of Appeals. Such amendment

shall become effective upon the recording of an amendment to this Declaration

incorporating a copy of the decision of the Board of Appeals or a fair summary thereof as

an exhibit. Such amendment must be executed by the applicable Owner and have the

concurrence of the Department.

IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the

1-fJ-A.-dJiyof ,2001.M ATTEST: JOPPA EAST LIMITED PARTNERSIDP

By:

By: rris H. Wolf,

General Manager

6

'IBERa 474 FOLIDO 344

5 : 1/3/01 6: 6406.DOC

201579

STATE OF MARYLAND, ~ COUNTY, TO WIT:

1 HEREBY CERTIFY that on this r- day of ~ , 2001, before

me, the subscriber, a Notary Public of the State and County aforesaid, personally appeared

Morris H. Wolf, known to me (or satisfactorily proven) to be the General Manager of Joppa

East, LLC, a Maryland Limited Liability Company, the General Partner of Joppa East

Limited Partnership, a Maryland Limited Patinership, and acknowledged that he, as such

General Manager of Joppa East LLC, being authorized to do so, executed the foregoing

instrument for the purposes contained therein on behalf of said limited liability company

and said limited partnership, as their respective acts and deeds, and in my presence signed

and sealed the same.

AS WITNESS my hand and Notarial Seal.

My Commission Expires: ~.d:4aky 1:< /;,/o:J- Notary Public

ATTORNEY CERTIFICATION

This is to certify that the within instrument was prepared by an attorney or under an attorney's supervision.

7

.18ER34 74 FOlIDO 345

5 : 1/3/01 6: 6406.DOC

201579

FOREST CONSERVAnON DECLARATION OF COVENANTS AND RESTRICTIONS

EXHIBIT A

Description of Property Subject to Forest Conservation Declaration

ALL OF THAT real property situate and lying in the First Election District of Harford County, Maryland and more fully described as follows:

ALL THAT LAND shown on the following plats:

1. Plat entitled, "FINAL PLAT ONE - PHASE II - GUNPOWDER" recorded among the Land Records of Harford County, Maryland at Plat Book C.G.H. No.

103 , folio C1Q.

2. Plat entitled, "FINAL PLAT TWO - PHASE II - GUNPOWDER" recorded among the Land Records of Harford County, Maryland at Plat Book C.G.H. No.

\ 0 ~ , folio OJ '3

3. Plat entitled, "FINAL PLAT THREE - PHASE II - GUNPOWDER" recorded among the Land Records of Harford County, Maryland at Plat Book C.G.H. No.

\0'3 , folio ~}(I . 4. Plat entitled, "FINAL PLAT FOUR - PHASE II - GUNPOWDER"

recorded among the Land Records of Harford County, Maryland at Plat Book C.G.H. No. \03 ,folio 95 .

8 (Lllo) 515 ..1ooc>

MORRIS & RITCHIE ASSOCIATES, JN4 il8fR3lj74 roUDD 346 3445-A Box Hill Corporate Center Drive

HERTSCH. GESSNER & SNEE, P.A. 3 : 2/7/01 11 SOUTH MAlN STREET

P. O. BOX 1/766: 6528.DOC BELAIR, MO 21014 hf2 (410) 893-7500

FffiST AMENDMENT OF DECLARATION OF COVENANTS. EASEMENTS AND RESTRICTIONS

THIS FIRST AMENDMENT OF DECLARATION OF COVENANTS,

EASEMENTS AND RESTRICTIONS (this "Amendment"), made this ;l3rc{ day of

-J-J'-l.£!....>L.>:Jo.,-¥----' 2001, by JOPPA EAST LIMITED PARTNERSHIP, a Maryland limited IMP FD SURE $ 5.00 RECORDING FEE 20.00 toTAl 25.00

WITNESSETH, THAT WHEREAS, by a Declaration of Covenants,

Easements and Restrictions dated March 24, 1999, and recorded on March 26,1999 among

~o the Land Records of Harford County, Maryland (the "County"), in Libel' 2975 at folios 177

5' et seq., (the "Declaration"), the Developer subjected to the operation and effect of the

Declaration all of that land in the County which is described in Exhibit A thereto, together

with the improvements thereon and the appurtenances thereto (the "Property"); and RM HOO4 Rc;·t t ~33

WHEREAS, by the Declaration the Developer has reserved the right to CGH PH Blk t 346

expand the Property by subjecting to the operation and effect of the Declaration, and Apr 03, ,001 @3:41 F'fll

thereby adding to the Property, particular lands located in the County, together with the

improvements thereon and the appurtenances thereto, then owned or thereafter acquired by

the Developer; and the Developer intends by this Amendment to subject the additional land

to the operation and effect of the Declaration; and

WHEREAS, Developer also intends by this Amendment to prohibit the

planting of trees within certain easements, as required by Harford County, Maryland.

NOW, THEREFORE, the Developer hereby declares as follows:

Section 1. Declarations.

1

./BER34 76 fOUOD 279

3 : 2/7/01 6: 6528.DOC

ht2

1.1 That all of that land described in Exhibit A attached hereto, together

with all of the improvements on the said land and all of the rights, alleys, ways, waters,

privileges, appurtenances and advantages, to the same belonging or in any way appertaining

(all of which land, improvements and appurtenances are hereinafter referred to collectively

as the "Additional Property"), is hereby subjected to the operation and effect of the

Declaration.

1.2 That all of that portion of the Additional Property described in

Exhibit B attached hereto shall, as a result of the subjection of the Additional Property to

the Declaration, become a part of the Common Areas (as defmed in the Declaration) to be

conveyed in the future to Gunpowder Homeowners Association, Inc. (the "Association") by

the Developer, and subject to the covenants, easements and restrictions of the Declaration as

they relate to Common Areas.

1.3 That Article XI, Section 5, Easements for Utilities and Drainage is

hereby amended by the provision emphasized below:

Section 5. Easements for Utilities and Drainage. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Subdivision Plats ("Utility and Drainage Easements". Trees shall not be planted within the Utility and Drainage Easements.

Section 2. General.

2.1 Effectiveness. This Amendment shall become effective on and only

on its having been executed and acknowledged by the Developer, and recorded among the

Land Records of the County.

2

j Inrnf) I,' ., 0 [01 In n ') Q n

· 3 : 2/7/01 6: 6528.DOC

hf2

2.2 Exhibits. Each writing or plat referred to herein as being attached

hereto as an exhibit or otherwise designated herein as an exhibit hereto is hereby made a

part hereof.

2.3 Effect of this Amendment. The Declaration shall for all purposes

thereof be, and is hereby, amended in the manner set forth in this Amendment. Except as is

set forth herein, the Declaration shall hereafter remain unmodified and in full force and

effect, as if this Amendment had not been made.

2.4 Federal Mortgage Agency. ~he

applicable Federal Mortgage Agency, the United States Department of Housing and Urban

Development, has expressly stated that its consent to this Amendment is not required.

IN WITNESS WHEREOF, the Developer has executed and ensealed this

Amendment or caused it to be executed and ensealed on its behalf by its duly authorized

representatives, the day and year first above written.

WITNESS: JOPPA EAST LIMITED PARTNERSHIP a Maryland limited partnership

- DEVELOPER ­

3 I 18ER3 478 fOLIO 02aI

3 : 2/7/01 6: 6528.DOC

h:f2

STATE OF MARYLAND, __~-=-=---::;...;...=-=:....-__COUNTY, TO WIT:

I HEREBY CERTIFY that on this ;l.J...t-day of r~OO1, before me, the subscriber, a Notary Public of the State and County aforesaId, per nally appeared Morris H. Wolf, lrnown to me (or satisfactorily proven) to be the General Manager of Joppa East, LLC, a Maryland Limited Liability Company, the General Partner of Joppa East Limited Partnership, a Maryland Limited Partnership, and aclrnowledged that he, as such General Manager of Joppa East LLC, being authorized to do so, executed the foregoing instrument for the purposes contained therein on behalf of said limited liability company and said limited partnership, as their respective acts and deeds, and in my presence signed and sealed the same.

AS WITNESS my hand and Notarial Seal.

My Commission Expires: /:lIt/o'J- Notary Public

ATTORNEY CERTIFICATION

TIllS IS TO CERTIFY that this instrument was prepared by or under the supervision of the undersigned, an attorney at law.

4

'IBER3 478 F~LlO 0282

5 : 4/2/01 6: 6528.DOC

hf2

EXHIBIT A

Description of Additional Property

ALL OF THAT LAND in the First Election District of Harford County, Maryland which is described as follows:

Those lots munbered 30 through 42, inclusive, 53 through 55, inclusive, and 91 through 103, inclusive, all as shown on a plat entitled "Final Plat One - Phase II ­Gunpowder" recorded among the Plat Records of Harford County, Maryland in Liber 103, folio 92;

TOGETHER WITH those lots numbered 56 through 63, inclusive, and 78 through 90, inclusive, all as shown on a plat entitled "Final Plat Two - Phase II ­Gunpowder" recorded among the Plat Records of Harford County, Maryland in Liber 103, folio 93;

TOGETHER WITH that parcel of land labeled "PASSIVE OPEN SPACE, 0.409 Ac.", as shown on a plat entitled "Final Plat Two - Phase II - Gunpowder", and recorded among the Land Records of Harford County, Maryland in Liber 103, folio 93;

TOGETHER WITH those lots numbered 43 through 51, inclusive, and 64 through 77, inclusive, all as shown on a plat entitled "Final Plat Three - Phase II ­Gunpowder" recorded among the Plat Records of Harford County, Maryland in Liber 103 folio 94;

TOGETHER WITH that parcel of land labeled "PASSIVE OPEN- SPACE 8.340 Ac.", as shown on a plat entitled "Final Plat Four - Phase II - Gunpowder", and recorded among the~Land Records of Harford County, Maryland in Liber 103, folio 95.

5

IIBER3ll78 munO 283

5 : 4/2/01 6: 6528.DOC

hf2

EXHIBITB

Description of Common Areas

ALL OF THAT LAND in the First Election District of Harford COlUlty, Maryland which is described as follows:

That parcel of land labeled "PASSIVE OPEN SPACE, 0.409 Ac.", as shown on a plat entitled "Final Plat Two - Phase II - Gunpowder", and recorded among the Land Records of Harford County, Maryland in Liber 103, folio 93.

TOGETHER WITH that parcel of land labeled "PASSIVE OPEN SPACE 8.340 Ac.", as shown on a plat entitled "Final Plat Four - Phase II - Gunpowder", and recorded among the Land Records of Harford County, Maryland in Liber 103, folio 95.

6

lIBERal-: 7 n m/flO f) 0 to

2: 2/7/01 6: 6532.DOC

hf2

CONSEl\TT AND AGREEMENT OF TRUSTEES AND BENEFICIARY

BERNARD DACKMAN and GORDON B. HEYMAN, Trustees, and KEY BANK AND TRUST, a Maryland banking corporation, who are, respectively, the trustees and the beneficiary under an Indemnity Deed of Trust dated December 3, 1998, and recorded among the Land Records of Harford County, Maryland in Liber 2877 at folios 550 et seq., from JOPPA EAST LIMITED PARTNERSHIP hereby join in the foregoing First Amendment of Declaration of Covenants, Easements and Restrictions and the Declaration for the express purpose of subjecting all of their respective right, title and interest under such Indemnity Deed of Trust in and to the real property described in Exhibit A to such Declaration and Exhibit A to such First Amendment to the operation and effect of such Declaration.

Nothing in the foregoing provisions of this Consent and Agreement of Trustees and Beneficiary shall be deemed in any way to create between the person named in such Declaration as "the Developer" and any of the undersigned any relationship of partnership or joint venture, or to impose upon any of the undersigned any liability, duty or obligation whatsoever.

IN WITNESS WHEREOF, each of the said trustees and beneficiary has executed and ensealed this Consent and Agreement of Trustees and Beneficiary or caused it to be executed and ensealed on its behalf by its duly authorized representatives, this t!) 3N(

day of E~-c ,2001.

WITNESS:

£Lea {)~

KEn~~1RUST

By:....\.~~ --J-(SEAL) Name: DanielW., H1..\me.. Title: Vice President

1

,IBER34 7- 8 rouoo 28· 5

-----

2: 2/7/01 6: 6532.DOC

hf2

!-It<pf-e refSTATE OF MARYLAND: COUNTY OF TO WIT:

I HEREBY CERTIFY that on this tb'fA-dayof Fi1r~ 2001, before me, a Notary Public for tfttrfOdi£ County, Maryland, persoy appeared BERNARD DACKMAN, Trustee, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he has executed it as Trustee for the purposes therein set forth, and that it is his act and deed as Trustee.

IN WITNESS WHEREOF, I have set my hand and Notarial Seal, the day and year first above written.

David Bokeno, Notary PUb~IC Harford County I R L?

My Commission E~~r State of Maryland I X--, y ommlsslon Expires Aug. Public

STATE OF MARYLAND: COUNTYOFtf~rf¢c£( TO WIT:

I HEREBY CERTIFY that on this I~day of mratM'\{ 2001, before me, a Notary Public for tfa.&ord: County, Maryland, persohaIly appeared GORDON B. HEYMAN, Trustee, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he has executed it as Trustee for the purposes therein set forth, and that it is his act and deed as Trustee.

IN WI1:NESS WHEREOF, I have set my hand and Notarial Seal, the day and year first above written.

My Commission Expires:

Harford County State of Maryland

My Commission Expires Aug. 1, 2002

David Bokeno, Nota~8tA1l!C Public

2

UBER34 78 FaLlDD 28h

2 : 2/7/01 6: 6532.DOC

hf2

STATE OF MARYLAND: COUNTYOF~6lh-<.... TO WIT:

I HEREBY CERTIFY that on this ~~ day OfJ..e.h.u~ 2001, before me, a Notary Public for ~ County, Maryland, persona ly appeared @~W .~ , known to me or satisfactorily proven to be the person whose name i~ subscribed to the foregoing instlument, who acknowledged that he· is the '\~ p~ of KEY BANK AND TRUST, a Maryland banking corporation,

that he has been dilly authorized to execute, and has executed, such instrument on its behalf for the purposes therein set fOlih, and that the same is its act and deed.

My Commission Expires: /~ -()/- o:J­

3 '.iBERB 478 FOLInO 287