Hillandale-Burleith Citizens Association Permanent Covenant

Note

This electronic version of the covenant has been transcribed from a paper original and is not authoritative. Errors may have been introduced in the transcription. When in doubt, the original, authoritative paper version should be consulted.

Contents

Exhibits

DECLARATION OF PERMANENT COVENANTS

THIS DECLARATION, made this ___ day of _________, 1981, by Hillandale Development Corporation, Inc., a Nevada Corporation, hereinafter called "Grantor", and accepted by:

hereinafter at various times referred to as the "Grantees".

1. The Grantor is the owner of a tract of land consisting of 42.01 acres in the District of Columbia bounded by 39th Street and Reservoir Road, N.W., Clover Archbold Park and Whitehaven Park, as more particularly described in Paragraph 1 hereof, hereinafter referred to as the "subject property"; and
2. The subject property is now zoned R-1-B (Single Family Residential) and;
3. Certain Grantees, namely Marguerite W. Autry, Robert McFadden, Jerilyn L. Stone, James M. Murphy, Jr., Louise A. Remmey, Sue L. Ellis, Pat T. Scolaro, Hazel M. Haight, and Dorothy M. Barker (hereinafter referred to as "Named Grantees"), are the owners of the properties described in Paragraph 2 hereof, said properties are located within the area of the Burleith community which is represented by Grantee Burleith Citizens' Association, Inc., all of which are improved with single-family residential dwellings, and all of which are located in close proximity to the subject property; and
4. Grantee Burleith Citizens' Association, Inc. (hereinafter referred to as "BCA"), is an incorporated entity of the District of Columbia whose purpose is to represent the residents and/or property owners in the geographical area defined by the boundaries described in Paragraph 3 hereof in regard to promoting the common good and general welfare of the people of the Burleith community through activities designed to bring about civic betterment and social improvements; and
5. Grantor filed an application for a Planned Unit Development to the District of Columbia Zoning Commission and amended said application pursuant to an Agree ent, dated June 21, 1979, and revised August 2, 1,979, and a Supplemental Agreement, dated November 19, 1979, between the Grantor and the Grantee, BCA (hereinafter sometimes referred to as "the Agreements"); and
6. The Grantees having determined that the property would be developed and not remain in its natural state and wishing to minimize the adverse impact of that development on the neighborhood, have negotiated and executed the aforementioned Agreements with the Grantor and as a result of those Agreements supported the Planned Unit Development application; and
7. The Planned Unit Development, hereinafter sometimes referred to as "The Project", is for a single family residential community on the subject property consisting of not more than 260 dwelling units, a private internal circulation system, recreational facilities and common open spaces and that Planned Unit Development was approved by the District c f Columbia Zoning Commission on January 10, 1980, Zoning Commission Order No. 305; and
8. The covenants herein and this Declaration of Permanent Covenants are intended to implement the agreements referred to in Paragraph E above and to benefit the real property in the area now known as the Burleith neighborhood and as more particularly described in Paragraph 3 as the bound des of Burleith; and
9. These covenants are intended to benefit the Grantees and the property owners and residents represented by Grantee BCA and as such said covenants may be enforced in the manner set forth herein by the Named Grantees or Grantee BCA.
10. These covenants are intended to run with the land for the duration of said covenants as described herein and shall be binding on the Grantor, its successors, heirs and assigns and the Grantees, their successors, heirs and assigns.

NOW, THEREFORE, in consideration of the above Recitals and for other good and valuable cons 11cr aLoe, the mutual receipt and sufficiency of which is hereby acknowledged, the Grantor hereby declares that the real property described in and referred to in Paragraph 1 hereof is and si all be held, transferred, sold, conveyed and occupied subject to the conditions, covenants and restrictions hereinafter set forth.

1. The subject property which is and shall be conveyed, transferred, occupied arid sold subject to the conditions, covenants and restrictions set fori3h herein is located in the District of Columbia, and is more rart icularly described as follows to wit:

   Being the same tract of land described in a deed dated July 2, 1974, and conveyed by John D. Archbold to the Archbold Investment Company, a general partnership, and recorded in the office of the Recorder of Deeds for the District of Columbia on October 18, 1974, as instrument #23828, and portions of "R" Street, "S" Street, "T" Street, "U" Stret, and a public alley through and around squares S-1312 and N-1312, and being more particularly described as follows:

   Beginning for the same at a point in the westerly righl>of-way line 39th Street (60' wide) ; said point being in the southerly line of Whitehaven Park and being located South 0° 15' 58" West 61.04 feet of a found U.S. Park Monument #357-3; thence leaving the point or beginning and running with the west line of 39th Street.

   1. South 01° 57' 02" East 1703.25 feet to a point in the northerly right-of-way line of Reservoir Road (90' wide) ; thence leaving 39th Street and running with the north line of Reservoir Road.
   2. North 88° 09' 30" West 474.61 feet to a point in the line of a tract conveyed by John D. Archbold to the Republic o1 France by a deed recorded in Liber 13489 at Folio 456; thence leaving the north line of Reservoir Road and running with the lines of the Republic of France the following bearings and distances.
   3. North 08° 12' 25" West 306.25 feet to a found iron pipe, passing in transit a found iron pipe 37.13 feet from the beginning; thence
   4. North 26° 12' 26" West 392,88 feet to a found iron pipe; thence
   5. North 6l° 02' 39" West 287.82 feet to a found iron pipe; thence
   6. South 70° 30' 44" West 395.92 feet to a found iron pipe; said pipe being in the line of a tract conveyed by Anne Archhold to the United States of America by deed recorded in Liber 6730 at Folio 350 and known as Glover-Archbold Parkway; thence leaving the line of the Republic of France and runrdng reversely with the line of the United States of America
   7. 210.30 feet along the arc of a curve to the right having a redius 01300.00 feet and a chord bearing and distance of North 25° 13' 44" West 206.02 feet to a point; thence
   8. 350.04 feet along the arc of a curve to the left having a radius of 920.00 feet and a chord bearing and distance of North l6° 02' 46" West 347.4 feet to a point, said point being located North GW' 03' 14" East 75.00 feet of a found U.S. Park Monument #351-83; thence
   9. North 26° 56' 46" West 554.75 feet to a point in the line of Whitehaven Park, said point being located North 89° 45' 49" Last 83.94 feet of a found U.S. Park Monument #351-32; thence rurining with the line of Whitehaven Park
   10. North 89° 45' 49" East 1477.02 feet to a point; thence
   11. North 89° 15' 58" East 217.07 feet to the point of beginning and containing 42.04256 acres of land.

   Subject to all existing easements, rights-of-way, and restrictions of record.

   Subject to review and comments by the office of the Surveyor for the District of Columbia.

2. The real property owned by certain Grantees is also located in the Pstrict of Columbia, and is more particularly described as follows, to wit:

   NAME	ADDRESS	SQUARE	LOT
   >Marguerite W. Autry	>3729 R Street, N.W. Washington, D.C. 20007	>1308-5	>75
   >Robert H. McFadden	>1917-38th St., N.W. Washington, D.C. 20007	>1309	>54
   >Jerilyn L. Stone	>3614 S Street, N.W. Washington, D.C. 20007	>1305	>44
   >James M. Murphy, Jr.	>1925-39th St., N.W. Washington, D.C. 20007	>1310	>99
   >Louise A. Reminey	>3806 T Street, N.W. Washington, D.C. 20007	>1311	>67
   >Sue L. Ellis	>3734 R Street, N.W. Washington, D.C. 20007	>1307	>31
   >Pat T. Scolaro	>1807-37th Street, NW Washington, D.C. 20007	>1306	>63
   >Hazel M. Haight	>1951-39th Street, NW Washington, D.C. 20007	>1310	>73
   >Dorothy M. Barker	>3831 S Street, N.W. Washington, D.C. 20007	>1311	>86

3. The real property represented by the Burleith Citizens' Association, Inc., is also located in the District of Columbia and is as follows, to wit: the area within the following boundaries, beginning at the center of the intersection of Reservoir Road and 35th Street; north in the middle of 35th Street to the middle of Whitehaven Parkway; west along the center of qhitehaven Parkway to its end; and in a straight line to the end of 39th Street and in the middle thereof; south in the middle of 39th Street to the middle of Reservoir Road; and east in the iuddle of Reservoir Road to the point of beginning. The area includes all the property located within Squares 1293, 1296s-s, 1296-S, 1296-E, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1308-5, 1309, 1310 and 1311.

   Vehicular Access

4. The sole vehicular access to the subject property except for the temporary construction access and permanent emergency access which shall be located as described herein, shall be as approved by tile Zoning Commission, on January 10, 1980, Zoning Order No. 305, which. plan is attached hereto and made a part hereof as Exhibit 1. Except for the temporary construction access and permanent emergency access which shall be located as described herein and as constructed, in no event shall the centerline of the permanent and sole vehicular access, which shall be on 39th Street, N.W., be nearer than one hundred and nine (109) feet south of the centerline of S Street, N.W. The temporary construction access roadway, which shall exist only during the construction phase of development, and shall be the sole construction access from, and to 39th Street, N.W., shall be located as approved by the Zoning Commission, on January 10, 1980, Zoning Order No. 305, which plan is attached hereto and made a part hereof as Exhibit 2. Upon completion of the construction phase of development the temporary construction access roadway shall be permanently eliminated.

   Emergency Access

5. The sole emergency vehicular access to the subject property shall be located as approved by the Zoning Commission on January 10, 1980, Zoning Order No. 305, which plan is attached hereto and made a part hereof as Exhibit 3, and shall be in addition to the vehicular access described in Paragraph 4 hereof. The emergency access shall not be paved, but the earth therein may be re-inforced in order to support the weight of emergency vehicles. Grass and low shrubbery (which will be penetrable by emergency vehicles) shall be cultivated and maintained throughout such area. At the 39th Street, N.W. curb line the emergency access shall have a rolled curb built in accordance with District of Columbia's recommendations. The emergency access and the gate width shall be built and maintained no wider than the minimum acceptable to the appropriate District of Columbia agency to permit emergency vehicle passage. A locked gate shall prohibit other than emergency vehicles from using the emergency access.

   Public Transit Access

6. Public transit access shall be provided by pedestrian gates located and approved by the Zoning Commission, which plan 15 attached hereto and made a part hereof as Exhibit 3.

   Special 39th Street Tree Preservation Zones

7. 1. Along the length of the eastern boundary of the Hillandale property line north of the emergency vehicular access, located as approved by the Zoning Commission on January 10, 1980, Zoning Order No. 305, and shown on Exhibit 3 attached hereto, there shall be a twenty-five (25) foot wide tree preservation zone which shall be entitled the Special 39th Street Tree Preservation Zone Number I, hereinafter sometimes referred to as "Zone 1". This Zone 1 shall not include, and the tree preservation zone restrictions shall not apply, to the single lot (Lot 28) immediately north of the Emergency entrance as shown on Exhibit 3 attached hereto during construction of the project. Upon completion of the grading and construction associated with Lot 28 and the emergency entrance, said lot shall be replanted in accordance with the guidelines set forth in a Declaration of Temporary Covenants, entered into by the Grantor and Grantees on day of _____, 1981, and become a part of Zone 1 and all tree preservation zone restrictions shall apply. This twenty-five (25) foot wide zone shall be measured inward (toward the west) from the eastern property line of Hillandale. Zone I shall not include any portion of the property owned by the District of Columbia along the western right-of-way of 39th Street, N.W. There follows a more particular description of Zone 1 which is intended to implement the preceding description of Zone

      Being a portion of the tract of land conveyed by John D. Archbold and Archbold Investment Company, a general partnership, to Hillandale Development Corporation, Inc., a Nevada corporation, by deed recorded November 13, 1979, as instrument 39191, among the Land Records of the District of Columbia, and a portion of Whitehaven Parkway, as closed, in accordance with the Council of the District of Columbia Act 3-15, effective February 13, 1980, and being more particularly described as follows:

      Beginning for the same at a point on the westerly right-of-way line of 39th Street, N.W. (60w wide); said point being located North 010 51' 30" West 1,493.48 feet north of the northerly right-of-way line of Reservoir Road, N.W. (90' wide); thence leaving the point of beginning and running through the lands of Hiliandale Development Corporation, Inc.

      1. South 88° 08' 30" West 25.00 feet to a point; thence
      2. North 01° 51' 30" West 210.48 feet to a point in the southerly line of Whitehaven Park; thence running with the line of Whitehaven Park
      3. North 89° 14' 40" East 25.00 feet to a point on the westerly right-of-way line of 39th Street, N.W. (60' wide); thence running with the westerly right-of-way line of 39th Street, N.W. (60' wide)
      4. South 01° 51' 3011 East 210.00 feet to the point of beinning.

      Containing 5,256 square feet or 0.1207 acres of land, more or less.

      Subject to existing easements, rights-of-way, and restrictions of record or as may be revealed by an updated title report.

      Subject to review and comments by the Office of the Surveyor for the District of Columbia.

      Zone 1 is owned by the Grantor and may be transferred to individual lot purchasers when said purchasers acquire property rights in the Assessment and Taxation lots at which point, Zone 1 shall be owned in fee simple absolute by the purchasers of said lots. Said lots shall be subject to the restrictions applicable to the Special 39th Street Tree Preservation Zones as a whole as described in Paragraph 7d herein. Within Zone 1, the restrictions stated in Paragraph 7d herein shall apply to Grantor intially and to purchasers of said Assessment and Taxation lots at time of purchase.

   2. Along the length of the eastern boundary of the nillandale property line, between the sole vehicular access and the emergency vehicular access, located as approved by the Zoning Commission on January 10, 1980, Zoning Order No. 305, and shown on Exhibit 3 attached hereto, there shall be a twenty-five (25) foot wide tree preservation zone which shall be entitled the Special 39th Street Tree Preservation Zone Number 2, hereinafter sometimes referred to as "Zone 2". This twenty-five (25) foot wide zone shall be measured inward (toward the west) from the eastern property line of Hillandale. Zone 2 shall not include any portion of the property owned by the District of Columbia along the western right-of-way of 39th Street, N.W. There follows a more particular >scription of Zone 2 which is intended to implemei the preceding description of Zone 2:

      Being a portion of the tract of land conveyed by John D. Archbold and Archbold investment Company, a qmieral partnership, to Hillandale Development Corporation, 2 Inc., a Nevada corporation, by deed recorded November 13, 1979, as instrument 39191, among the Land Records of the Distr ict of Columbia, and being a portion of "S" Street, "T" Street, an] Public Alleys, as closed, in accordance with Lie Council of the District of Columbia Act 315, effective February 13, 1980, and being bore particularly described as follows:

      Beginning for the same at a point on the westerly right of way line of 39th Street, N.W. (60' wide); said point being located North 01° 51' 30" West 587.00 feet north of the northerly right of way line of Reservoir Road, N.W. (90' wide); thence leaving the PC' rit of beginning and running through the lands of Hillandale Development Corporation, Inc.,

      1. South 88° 00' 30" West 25.00 feet to a point; thence
      2. North 0l° 51' 30" East 25.00 feet to a point; thence
      3. North 88° 08' 30" East 25.00 feet to a point on the westerly right of way line of 39th Street, N.W. (6O' wide); thence running with the westerly right of way line of 39th Street, N.W. (60' wide)
      4. South 0l° 51' 30" East 855.00 feet to the point of beginning. Containing 21,375 square feet or 0.4907 acres of land, more or less.

      Subject to existing easements, rights of way, and restrictions of record or as may be revealed by an updated title report.

      Subject to review and comments by the Office of the Surveyor for the District of Columbia.

      Zone 2 is owned by the Grantor and shall be ransferred to the Hillandale homeowners ssociation, or other similar group, after such group is established. All of Zone 2 will be held in common by such association.

      Within Zone 2 the restrictions stated below in Paragraph 7d herein apply to the Grantor initially, and, after transfer of the area, to the Ilillandale homeowners association, or its successors-in-interest.

   3. Along the eastern boundary of the Hillandale property line, south of the sole vehicular access, located as approved by the Zoning Commission in Order No. 305, and shown on Exhibit 3 attached hereto, there shall be a fifteen (15) foot wide tree preservation zone which shall be entitled the Special 39th Street Tree Preservation Zone Number 3, hereinafter sometimes referred to as "Zone 3". This fifteen (15) foot wide zone shall be measured inward (toward the west) from the eastern property line of Hillandale. Zone 3 shall not include any portion of the property owned by the District of Columbia along the western right-of-way of 39th Street, N.W. There follows a more particular description of Zone 3 which is intended to implement the precedinq description of Zone 3:

      Being a portion of the tract of land conveyed by John D. Archbold and Archbold Investment Company, a general partnership, to Hillandale Development Corporation, Inc. , a Nevada corporation, by deed recorded November 13, 1979, as instrument 3919]., among the Land Records of the District of Columbia, and being a portion of "R" Street, as closed, in accordance with the Council of the District of Columbia Act 3-15, effective Februnry 13, 1980, and beinq more particularly described as follows:

      Beginning for the same at a point on the westerly right of way line of 39th Street, N,W. (60' wide); said point being located North 01° 51' 30" West 10.00 feet north of the northerly right of way line of Reservoir Road, N,W. (9i' wide); thence leaving the point of beginning and running through the lands of Hillandale Development Corporation, Inc.,

      1. South 88° 08' 30" West 15.00 feet to a point; thence
      2. North 01° 51' 30" West 395.00 feet to a point; thence
      3. North 88° 08' 30" East 15.00 feet to a point on the westerly right of way line of 39th Street, N.W. (60' wide); thence running with the westerly right of way line of 39th Street, N.W. (60' wide)
      4. South 01° 51' 30" East 395.00 feet to the point of beginning. Containinq 5,925 square feet or 0.1360 acres ol and, more or less.

      Subject to existing easements, rights of way and restrictions of record or as may be revealed hy an updated title report.

      Subject to review and comments by the Office of the Surveyor for the District of Columbia.

      This fifteen (15) foot area is owned by the Grantor and ;hall be transferred to the Hillandale homeowners association, or other similar group, after such group is established. This area, Zone 3, will be held in common by such association. Within Zone 3, the restrictions descr ibed in Parajraph 7d apply to the Grantor initially, and after transfer of the area, to the Hillandale homeowners association, or its Successors-In-interest.

   4. Within the Zones described in Paragraphs 7a, 7b, and 7c, no trees shall be removed, except that the Grantor, or its successors, heirs and assigns, may remove dead branches, dead, fallen or diseased trees, vines, or trees that might endanger life, threaten injury to persons or physical damage to dwellings or the yards thereof. The Grantor, or its successors, heirs and assigns, shall make all reasonable efforts to preserve any tree, the trunk of which is located on either the eastern or western boundary of the Zones (e.g., by building patios, decks or fences around such trees).

      The Grantor may plant decorative trees or shrubbery within the Zones.

      No construction activity shall occur and no construction equipment shall operate or be parked in the Special 39th Street Tree Preservation Zones, except to erect a temporary or permanent fence along the entire eastern property line of the subject property.

      The minimum building setbacks in the area of Zone 1, that is the area from the eastern property line of Hillandale to the rear wall of any building, shall be thirty (30) feet as approved by the Zoning Commission on January 10, 1980, Zoning Order No. 305 and as shown on Exhibit 3 attached hereto.

      The minimum building setbacks in the area of Zone 2, that is the area from the eastern property line of Hillandale to the rear wall of any building, shall be forty (40) feet as approved by the Zoning Commission on January 10, 1980, Zoning Order No. 305 and as shown on Exhibit 3 attached hereto.

      The minimum building setbacks in the area of Zone 3, that is the area from the eastern property line of Hillandale to the rear wall of any building, shall be as approved by the Zoning Commission on January 10, 1900, Zoning Order No. 305.

      No house or other structure (except for rear yard patios, decks, balconies, porches, stairs, fences, and other similar facilities) within the project shall be constructed nearer than five (5) feet from the western boundary of Zone 1 or fifteen (15) feet from the western boundary of Zone 2 or nearer than the distances as approved by the Zoning Commission on January 10, 1980, Zoning Order No. 305 from the western boundry of Zone 3. The restriction of this paragraph does not apply to the temporary or permanent fences to be constructed on the eastern property line of Hillandale.

      The Grantor has the right to build, con truct, grade, landscape, or otherwise provide drainage facilities, stairs, fences, balconies, decks, patios, terraces or any appropriate rear yard treatment in any of the building setbacks that are not a part of the Special 39th Street Tree Preservation Zones. In addition, any portion of the building setbacks which are not a part of the Zones may be used to grade, cut, fill or other necessary measures to construct the structures, the rear walls of which will be at and outside the building setbacks.

      The restrictions of this Paragraph 7 do not apply to those portions of the property through which the sole vehicular access, the sole emergency access, and the public transit pedestrian accesses, described above, shall pass. The aforementioned exception to the Special 39th Street Tree Preservation Zone restrictions shall not extend more than ten (10) feet from the outer edges of any gates or entrances as designed in accordance with the Zoning Commission Order No. 305, January 10, 1980.

      That area of Zone 3 which contains the utility lines of the project (the southern most thirty (30) feet) is exempted from the restrictions of Paragraph 7d only insofar as is required for the maintenance and rehabilitation of those utility lines, provided that, the Grantor, or its successor, replants that area is completed. Such replanting shall replicatre, as near as possible, the vegetation and conditions that existed in that area, immediately prior to the commencement of the maintenance or rehabilitation of the utility lines.

      Except with the express consent of the Grantee BCA, its successors, heirs or assigns, the Grantor, its successors, heirs or assigns, shall neither undertake nor attempt to undertake any action, the effect of which would be to diminish or modify the size or the configuration of the special 39th Street, N.W. TreePreservation Zones described herein.

      After construction, no ancillary buildings, decks or patios or any storage shall be allowed in the Zones.

   5. If any land abutting the eastern boundary of Hillandale, which is currently owned by the District of Columbia, reverts, by operation of law, to the Grantor or its successors, heirs or assigns, said land shall become a part of the Special 39th Street Tree Preservation Zones and be subject to the restrictions and exceptions set forth in Paragraph 7d herein.

   Severability

8. Except as otherwise provided, if one or more clauses or terms of this Declaration of Permanent Covenants or any covenant running with the land is not given effect by any court, the other clauses or terms of this Declaration of Permanent Covenants shall remain in effect and the enforceability of such clauses, terms or covenants shall not be affected.

   If the District of Columbia, by law or regulation, prevents the performance of any of the provisions of this Declaration of Permanent Covenants, the Grantor shall promptly advise the Grantees of said law or regulation and the parties hereto shall jointly seek relief from the District of Columbia with respect to the application of that law or reqilation and if such relief is not granted, the parties hereto shall seek alternative methods to carry out the obligation of the above sections, in a manner which would not conflict with the District of Columbia law or regulation. If the parties are unable to agree on such alternative methods, the applicable District Jf Columbia law or regulation shall govern performances of the obligations in this Declaration of Permanent Covenants. A District of Columbia law or regulation for the purposes of this paragraph is defined as an enactment or promulgation pursuant to the District of Columbia Co ie or the District of Columbia Rules and Regulations. The other provisions, clauses or terms of this Declaration of Permanent Covenants which are not in conflict with the above-mentioned law or regulation shall remain in effect and the enforceability of such provisions, clauses, terms or covenants shall not be affected.

   Waiver

9. Any waiver or acceptance of any breach or violation of any provision of this Declaration of Permanent Covenants shall not constitute a waiver or acceptance of any subsequent breach or violation of the same provision or of any one or more other provisions of this Declaration of Permanent Covenants.

   Enforcement

10. This Declaration of Permanent Covenants may be enforced in a court of competent jurisdiction in an action, or actions, for mandatory or prohibitory injunctive relief. Such injunctive relief, including remedial work, shall be available in addition to, and shall not be limited by any available remedies at law. In any action for an injunction, either preliminary or permanent, the plaintiff shall be entitled to relief upon proof that the alleged conduct did, or was about to occur, and that such conduct was a violation of one or more of these covenants.

    Covenants to Run with the Land

11. Subject to the foregoing, these covenants, conditions and restrictions are to run with the land and are not deemed to be personal to the Grantor or any Grantee and shall be binding upon the Grantor, its successors, heirs and assigns and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the Grantor, its successors, heirs and assigns, to conform to and observe said restrictions.

    Automatic Termination

12. These covenants shall automatically cease and terminate upon a substantial change in the character of the Burleith area, as more particularly described in Paragraph 3 herein. Such substantial change in character will be deemed to exist when sixty-six and two-thirds percent (66 2/3%) of the land area of the Burleith area is used for other than residential purposes and if sixty-six and two-thirds percent of the land area directly adjacent to the east side portion of 39th Street, N.W., which borders the subject property, is no longer used for residential purposes. These calculations shall exclude Lot 859 in Square 1307, Square 1304 and Square 1293, which is land not currently used for residential purposes.

    Length of Obligations

13. The obligations of the Grantor under these covenants shall apply only with respect to the period during which the Grantor is the owner of a fee simple interest in the portion of the project with respect to which such obligations apply. When the Grantor ceases to own a fee simple interest therein, the obligations thereafter accruing shall be the obligations of its successors-in-ownership and interest, and as igns, jointly and severally, except that the Grantor shall be held liable for any violation(s) of the covenants when it acts as a contractor, or sub-contractor, for its successors-in-ownership and interest, at least until the project is completed.

    Amendment and Termination

14. These covenants may not be amended in whole or in part or terminated except by written agrer ient of the Grantor and the rantee BCA or its successors. The Named Grantees specifically 3ubrogate their contract and property rights only in the amendment and termination of this Declaration of Permanent Covenants to the Grantee BCA or its successors. Grantee BCA will be deemed to be authorized to act in this regard then such actio is in accordance with its by-laws. When the Grantor is succeeded in interest by the Hillandale homeowners' association, or other similar group, such homeowners' association shall be deemed to be authorized to act in regard to amendment and termination of this )eclaration of Permanent Covenants when such action is in accordance with its by-laws. In the event the J3CA, or its successors, cease to exist, these covenants can only be amended or terminated by a written agreement of the Grantor and two-thirds (2/3) of the Named Grantees. In the event that the Hillandale Homeowners' association, or its successors, cease to exist these covenants can only be amended or terminated by a written agreement of fifty-one (51%) percent of the property owners within the Hillanolale project and Grantee BCA or its successors, or two-thirds (2/3) of the Named Grantees, which ever is appropriate pursuant to this paragraph.

    Notice

15. All notices and other communications hereunder shall be in writing and be deemed duly given if personally delivered or mailed by certified mail, return receipt requested, postage prepaid to the address of such party as executed herein. The parties shall be responsible for notifying each other, in writing, of any change in address.

    Inclusion in Deeds

16. The affirmative and negative covenants contained herein shall be included in all deeds pertaining to the subject property.

    Tort Actions

17. The provisions of this Declaration of Permanent Covenants shall not prevent any individual or property owner of the Burleith Community from exercising any legal or equitable rights or remedies which he/she may have concerning individual tort actions arising from the development of the subject property nor shall this Declaration of Permanent Covenants prevent the Grantor from asserting legal defenses to such actions or from exercising any legal or equitable rights or remedies available to it in like manner.

    Effective Date

18. This Declaration of Permanent Covenants and the obligations of the parties hereunder shall be effective when filed in the Land Records of the District of Columbia.

    Modification of Zoning Order

19. Nothing in this Declaration of Permanent Covenants shall be deemed to prevent the Grantor, its successors, heirs and assigns from seeking modification, change, alteration, rescission or amendment to Zoning Commission Order No. 305 dated January 10, 1980, in regards to those standards, terms and conditions which are not restricted herein, provided that the Grantor provides the Grantees with written notice of any such modification at least fifteen (15) days in advance of applying to the Zoning Commission or other appropriate agency.

IN WITNESS THEREOF, the parties hereto have signed, sealed and delivered these presents as their own free act and deed as of ___ the day of ___, 1981.

ATTEST:

HILLANDALE DEVELOPMENT CORPORATION, INC.
GRANTOR
Michael L. Gulino,
Vice-President
(SEAL)

ATTEST: GRANTEES:

BURLEITH CITIZENS ASSOCIATION, INC.
Marguerite W. Autry,
President

Sara Revis
Secretary
(SEAL)

WITNESS:

Marguerite W. Autry
3729 R Street, N.W
Washington, D.C. 20007

Robert H. McFadden
1917-38th Street, N.W.
Washington, D.C. 20007

Jerilyn L. Stone
3614 S Street, N.W.
Washington, D.C. 20007

James M. Murphy, Jr.
1925-39th Street, N.W.
Washington, D.C. 20007

Louise A. Remmey
3806 T Street, N.W.
Washington, D.C. 20007

Sue L. Ellis
3734 R Street, N.W.
Washington, D.C. 20007

Pat T. Scolaro
1807-37th Street, N.W.
Washington, D.C. 20007

Hazel M. Haight
1951-39th Street, N.W.
Washington, D.C. 20007