St. Martin's by the Bay

BA-ES 8200R IL.

• 1037 LOTS +
• ioT 0 2A00 20T 221 ).

L..

• TIETEHORSE TAKS PEASEE SE AUTE PrACTES SEPADE RESERVE AIA Frank G. Lynch, Jr.

& Associates, Inc.

SURVEYOO - TAKD FRAKNING JASAS SUATRKX IOD - SOELA, MUMLITD 2181 610611 353 - 641-477.

*/A a OGROI PEANK a LEO 80,/т [I 8908-03 BCx S-Y3-08 BEX 2-25-2001 SKEET 2 OF 2 HSA CsU 2157 85672 praits

LIBER 5 362 FOLIO 192 CIRCUIT COURT (Land Records) SVH 5362, p. 0192, MSA_CE31_5536. Date available 10/13/2009. Printed 02/23/2014.

32020.D3 5/22/07 THIS DEED, made this 11" day of June, in the year Two Thousand Nine, by SIAMACK BAHRAMI, a resident of Montgomery County, State of Maryland.

WITNESSETH THAT FOR AND IN CONSIDERATION of the sum of Zero Dollars ($0.00) and other good, valuable and sufficient considerations, receipt of which is hereby acknowledged, the said Siamack Bahrami does hereby grant and convey unto ST.

MARTIN'S BY THE BAY HOMEOWNERS' ASSOCIATION, its successors and assigns, the following described property:

ALL that parcel or tract of land situate, lying and being in the Third Election District of Worcester County, State of Maryland, and designated as "Revised Parcel P- 1A" on a plat entitled "Boundary Line Adjustment, Parcel P, Parcel P-1A, Parcel P-4 & Parcel B" of the subdivision known as "St. Martin's by the Bay," Worcester County, Maryland, and recorded among the Plat Records of Worcester County, Maryland, in Plat Cabinet S.V.H. No. 232, Folio 13; AND INCLUDING the majority of that lot or parcel of land, lying and being situate in the Third Election District of Worcester County, State of Maryland, and designated as Parcel "P-IA," as shown on a plat entitled "Plat 4, Section IT" of the subdivision known as "St. Martin's By the Bay," Worcester County, Maryland, in Plat Book R.H.O. No. 122, at Plat No. 7, among the Land Records of Worcester County, Maryland; AND BEING the same parcel conveyed unto Siamack Bahrami, by Bahrami-Teichler Partnership by Deed dated November 27, 2002, and recorded among the aforesaid Land Records in Liber 3630, Folio 199; AND INCLUDING a part of Item One (from the residue of Parcel P) of the property conveyed unto Siamack Bahrami, by St. Martin's Group, Inc., by Corrective Quit Claim Deed dated May 8, 2000, and recorded among the aforesaid Land Records, in Liber S.V. H. No. 2857, Folio 151; and originally by Quit Claim Deed dated December 23, 1999, and recorded among the aforesaid Land Records in Liber No. 2792, Folio 353.

REFERENCE to the aforesaid deed and plat and all prior deeds to and plats of the above property is hereby made for a more definite description of the property hereby eated and conveyed, or for any oher purpos, ig the same oren shough hereir more fully set forth.

+ 2009.0CT -7 P 3: 40• VO LIEN OR TITLE SBARCH HAS BEEN RESUESTED OSPERFORMEI WOR.CO GrEEPHONE 742-3176 .:

•..:

:

• LIBER 5 36 2 FOLD | 93 0193, MSA_CE31_5536. Date available 10/13/2009. Printed 02/23/2014.

32020.D3 5/22/07 TOGETHER WITH the buildings and improvements thereon and all the rights, ways, privileges and appurtenances to the same belonging or in anywise appertaining.

TO HAVE AND TO HOLD the above described property unto the said ST.

MARTIN'S BY THE BAY HOMEOWNERS' ASSOCIATION, its successors and assigns, forever in fee simple; SUBJECT, NEVERTHELESS, to covenants, easements and restrictions of record and the matters and facts set forth on the aforesaid plats.

AND the said Siamack Bahrami does hereby covenant that he will warrant specially the property hereby granted and conveyed, and that he will execute such other and further assurances of the same as may be requisite.

AS WITNESS the hand and seal of the said Grantor the day and year first above written.

TEST:

Carolous. Alexander ÁCK BAHRAMI _(SEAL) STATE OF MARYLAND, COUNTY OF CArOlICO, TO WIT:

I HEREBY CERTIFY that on this lith day of June 2009, before me, the subscriber, a Notary Public for the state and county aforesaid, ersonally appeared SIAMACK BAHRAMI, and he acknowledged the foregoing deed a his respective act and deed AS WITNESS my hand and Notarial Seal.

Carolyn L. Alexander Notary Public My Commission Expires:

• 05|17/2011 NOTARY CAROLYN L. ALEXANDER PUBLIC Notary Profic State of Maryland / My Carmission Expiros 05H7/2011 WORCESTER COUNTY MARYLANI HE COUN
• CIRCUIT COURT (Land LAW OFFICES YORHIS, DOUSE
• SMASON, LLP P, 0. BOX 010 I SAUSAURY, ARRAND AREA CODE 410 NO LIEN OR TITLE SEARCH HAS BEEN REQUESTED OR PERFORMED

YESED PABOLL P-2 SED PARCIL P-S PARCEL Q TOTAL ARZA. - 190,000 83.₺ 0311 BOUNDARY, LINE ADJUSTMENT PARCEIS P.

p-2 & P-3 MARTIN'S BY TH8 BAY THIRD TAX DISTRICT, WORCESTER COUNTY, HARYLAND Asabican 6-11-69 1: 3-11:200 S.V.H. 232/14 BalL Call 5/a5/9 Hitike, A.s. 8-25-09 Frank G. Lynch, Jr.

& Associates, Inc.

FRAN C 400 PINTeMSA: Con.2157.8567,

abbellelal Milk N ST. MARTIN RIVER -379 lDSD°E 59.54 NELSORE NOT /640C= ALL 345 CoB G-G 24,000 133045- 195,502$ er 4.1301 Ac.

=9 16 45' 20"M 113.00 36652560 9454020 S41.01° -550430! 122/7 Fog shite 5/4/89 LANNINO EXONINO CON WORCESTOR COUNTY 0672 0w- PARCEL PART qu PARCEL "8* SECTION I PLAT 2 19 122°43 PARCEL $ 22 74742'w : 155.79 SECTION I PLAT 4 221 B12 MAR.

ROSIOLE GA PARCEL 0o, S6ct ~ 13.8560 Mc.

RECOVERT AVO DISPOSAL FOR TONIHOUSE ЮТS 40-51, BLK;

AOLOTS.

7-13, КК 15c9,6c a WORCESTER COUNTY PROGRAM.

steal sinfes -NG7 12'18 € 223,60 * NOTEI PARCEL P-A IS APPROVED ONLY AS G'ENSPACE PARCEL AND IS то ве CoveYeD TO THE HOMEGASSOCATION.

SITED 15% VICINITY MAR SALSI/-бню NOTES:

THE GRANT CER PERUT OR MOTIONAL G THIS SUBONISION SHALL NOT CONSTITUTE A KEPLESHIATION, GURGANICO CA HALLANICE OF ANI MINO DY TIE STATE ON MARIANO, OR MAKOSITE COUNTY OR ANY OFPIML OL EMPLOTTE THEREON OF UPON THE STATE OF MAKYLANO OR WARCHESTER COUNTY, ITS OMAKIALS OR BHILOYEOS. ANY APPRONAL BY THE HORCESTER COLOFTY CNVIRONMONTAL PROCO GANY SEWER OR QUITABILITY THEREFORE IS CRSKOLIPON STARE AND COUNT BIANCAROS CUSTING AS Or IN One 4, ATTROYE; SUCH STAVORROS ARE SUBJECI ТО CHONS АЛОА ВИКОЇНУ (ВСМІТ МАТ ВЕ WURLENT STANONROS CANNOT BE MET ASON THE ORTE OF ARTHCATION MOR SUCH EIGHTS OF HAY ANO OTHER PREMANENT CE PHISICAL DEVOLTS IS PROVIDEO MUR АЗИСТАСС OPOSAL OF SOMERDON, INOMNI TALS HEIL ANO AO OTHSENISE OSSIGNATED. THIS SURGIGION IS APTEDIO FOR INTERIM COMMUNITY HATOR SUITLI ANO COMMUNITY SENORAGE SYSTEMO WHICH HUST CE INGTALLEO ANO CONVERTOO OSPORE OCCUPANCY OF ANY BULLOING AND WHICH MUST BE TRO- ACONDONGO AND CONNEGTION HADE TORPUBLIC SYSTEM WHEN AVAILABLE, SUCH APPROVAL RUNS NINTHE LAVO, ALL STRUCTUROS SHAL BO SET BREK TENNO) TECT FROM ANI PRIMAR DISPOSAL ANO RECOVERY FREE GROLIP, INC. ANO RICOROCO INTHE LANO KELOROS OF MORCOSTIE COLNTY, MAILA AI LIRAL 560, MOLO3O, AND PURSUANT TO A PULTUER AGREE - MENT appea 100. 2a,1500, RICACOSO FIONS THE SAID LAND BACOCO AT Шеки кнанно Дро рано 36Л.

SURVEYOR'S CERTIFICATE I, CHARUSO I.PLANIGAN, A REGISTERDO LOND SUEVEYDR OP THESTATE OF MARIANO DO CERTIFY THAT THE SECTIONS DO GO AND GASH THE TOP IS PARTNER COD IN MORONE MITH THE PROMISIONS OF - Hay 3 1487 OWNERS DEDICATION WE, ST. MARINS GROUP, INC., AMARIONO CORPORATION, BY SIEGIRICO M.TEICHLER, PRESIDENT AND SIAMACK CANCAN SAD SENT RENE ON NEEDS SON RESISTO MEAN ANO MOVINO HERESY ACCET THS PLAN OF SUBCIVISION HUTH QUE CONSENT ANDITIS QUI DESIRE TO RECORO THE SAME. A PIPTON (19) YOOT BASOMENT, IF NOT OTHERHASE SHOWN, IS ESTABLISHO ALONE ALL DEDICATEO STREETS YOR CLECTRIC, ANO TELARYONE TILITIES, STORM DRAINAGE AND/OR HITER SUPPLY ANO SENTRAGE COLLECTION. BELCH INDICATOO THBAK ASSENT 5/4,87 KEY FEDERAL SING ANK WE ASSENT TO THIS PLAN OFF SUBOVISION.

VICE PRESIDENT AHO PRECEL. 0-L8, AVO PARCEL PerA AND RASIONER, RISCIBOIVISION DF LOT.BA, ET E INTO LOTS C-B" ANO OnC" BlockE SI. MARTINS BY THE BAY A PLANNEO UNIT DUVELOPHENT THIRD ELECTION DISTRICT WORCHESTeR COUNTY, MARYLANO DATE: APRIL, ISES OGALE: /"" 100° IPDS, LTa.:

TALL (80) F85-CCC MS# S84 1257-3128

LIBER 5362 FOLIO | 96 Date available 10/13/2009. Printed 02/23/2014 CIRCUIT COURT (Land Records) SVH 5362, p. 0196, MSA_CE31_5536.

LAW OFFICES CORNBROOKS. WILBER, VORHIS, DOUSE 32020.DS 5/22/07 THIS DEED, made this 11" day of June, in the year Two Thousand Nine, by SIAMACK BAHRAMI, a resident of Montgomery County, State of Maryland.

Recitals

• WHEREAS, St. Martin's By the Bay Homeowners' Association is the owner of a parcel of land situate, lying and being in the Third Blection District of Worcester County, Maryland, pursuant to a deed dated May 27, 1989, and recorded among the Land Records of Worcester County, Maryland, in Liber No. 1591, Folio 308, and designated as "Parcel p-4;" and
• WHEREAS, the parties have entered into a Settlement Agreement dated May 1, 2007, which is filed in Civil No. 23-C-06-000896 DJ in the Circuit Court for Worcester County, Maryland; and
• WHEREAS, pursuant to the above mentioned Settlement Agreement, the boundary lines of Parcel P-4 have been changed to include additional square footage, as described below.

NOW, THEREFORE, WITNESSETH THAT FOR AND IN CONSIDERATION of the sum of Zero Dollars ($0.00) and other good, valuable and sufficient considerations, receipt of which is hereby acknowledged, the said Siamack Bahrami does hereby grant and convey, unto ST.

MARTIN'S BY THE BAY HOMEOWNERS' ASSOCIATION, its successors and assigns, the following described property:

ALL that parcel or tract of land situate, lying and being in the Third Election District of Worcester County, State of Maryland, and designated as "Revised Parcel P-4" on a plat entitled "Boundary Line Adjustment, Parcel P, Parcel P-IA, Parcel P-4 & Parcel B" of the subdivision known as "St. Martin's by the Bay," Worcester County, Maryland, and recorded among the Plat Records of Worcester County, Maryland, in Liber S.V.H.

No. 232, Folio 13, except for that portion of land that is already owned by the St. Martin's By the Bay Homcowners' Association, described as "Parcel P-4" in the first whereas.

clause above.

REFERENCE to the aforesaid, deeds and plats and all prior deeds to and plats of the above property is hereby made for a mord elitic cleription of the property hereby • 2009 OCT -7 P 340:

NO LIEN OR TITLE SEARCH HASBERRE ASRD OR PERFORMED ....:...

MAKA CODE 410 @TecroN: 7423178

..

LIBER 5362 FOLIO | 97 32020.D5 5/22/07 granted and conveyed, or for any other purpose, to the same extent as though herein more fully set forth.

TOGETHER WITH the buildings and improvements thereon and all the rights, ways, privileges and appurtenances to the same belonging or in anywise appertaining.

TO HAVE AND TO HOLD the above described property unto the said ST.

MARTIN'S BY THE BAY HOMEOWNERS' ASSOCIATION, its successors and assigns, forever in fee simple; SUBJECT, NEVERTHELESS, to covenants, easements and restrictions of record and the matters and facts set forth on the aforesaid plats.

AND the said Siamack Bahrami does hereby covenant that he will warrant specially the property hereby granted and conveyed, and that he will execute such other and further assurances of the same as may be requisite.

AS WITNESS the hand and seal of the said Grantor the day and year first above p. 0197, MSA_CE31_5536. Date available 10/13/2009. Printed 02/23/2014.

TY CIRCUIT COURT (Land Records) SVH 5:

LAW OFFICES 3 WEBB. BURNETT.

COrNBrOOKS. WILBER, VORHIS, DOUSE & MASON, LLP P. O. BOX 910 AARA CODE 410 OTRLKPHONE 742-3176 written.

TEST:

Carolyn's Arexande NO LIEN OR TITLE SEARCH HAS BEEN REQUESTED OR PERFORMED

General holes:

MARIA PRIE RKWAY EVAND PIECE. F-10 181,171 SUZE ALTON SO PATCH FARCE PETED FACE B 89,004 SLY.

• RRVISED PARCEL PA 1074
• LOTS S.V.H. 232|13 8/28/02 L PROGRAMS motions 4-11-0g 1120/09:

5-112009 BOUNDARY LINE ADJUSTMENT PARCE1, 7, PARCEL P-LA, PARCEL 74 & PARCEL, B ST. MARTIN'S BY THE BAY THIRD TAX DISTRICT, WORCESTER COUNTY, BLARYLAND Frank G. Lynch, Jre & Associates, Inc.

P166705 USA Con 2157 85lda

LIBER 5 362 FOLIO | 82 WORCESTER COUNTY CIRCUIT COURT (Land Records) SVH 5362, p. 0182, MSA_CE31_5536. Date available 10/13/2009. Printed 02/23/2014. EASEMENT AGREEMENT This Deed of Easement made this 1 Ith day of June 2009, by and between Siamack Bahrami ("Bahrami"), Grantor, and the St. Martin's by the Bay Homeowners' Association ("Association"), Grantee, and containing covenants intended to be real covenants running with the land, WITNESSETH:

Recitals

• WHEREAS, St. Martin's by the Bay Homeowners Association was formed pursuant to law as an association of owners of land within the St. Martin's by the Bay PUD Subdivision (the "Subdivision") located on the St. Martin's River north of Beauchamp Road in the Third election district of Worcester County; and
• WHEREAS, Worcester County requires 30% open space to be dedicated to the Association in order for the Subdivision to be in compliance with the Worcester County Code; and
• WHEREAS, because the Subdivision is currently being served by private water and sewer, areas used for septic disposal and recovery are not eligible to count towards the 30% open space requirement; and
• WHEREAS, without consideration of the septic disposal and recovery areas, the Subdivision does not meet the County's 30% open space requirement; and
• WHEREAS, Worcester County has agreed to allow an exclusive easement for use of private land by the members of the Association to count toward the 30% open space requirement until public water and sewer is available to the Subdivision, in accordanse in with a Settlement Agreement between the Parties, dated May 1, 2007, whicars filertn Civil No. 23-C-06-000896 DJ in the Circuit Court for Worcester County.

NOW, THEREFORE, the Parties hereby agree as follows:

= 1. Easement Areas. For good and valuable consideration (but no monetary vatue), She Grantor does grant and convey to the St. Martin's by the Bay Homeowners' Assocktion C Tor use by its members, invitees, and guests, for "open space" as that tern is defined in the Zoning Code of Worcester County, an exclusive easement of access to and over the following areas:

a) the area designated as Parcel Q as shown on a Plat entitled "Boundary Line Adjustment, Parcels P, P-2 & P-3, St. Martin's by the Bay" prepared by Frank G. Lynch, Jr. & Associates, Inc. and dated February 25, 2009, which has been recorded in Plat Book Worcester County, Maryland in S.V.H. 232, Folio 14 ("Easement Areas"). Bahrami reserves for the purposes of ingress and egress to Parcel P-2, an easement at the north corner of Parcel Q, as designated as "Easement for Access to P-2 to be reserved by Siamack Bahrami" on the plat referred to in this paragraph a).

K.

Gett, burnest 10. box 910 Salis MD a1803

WORCESTER COUNTY CIRCUIT COURT (Land Records) SVH 5362, p. 0183, MSA_CE31_5536. Date available 10/13/2009. Printed 02/23/2014. LIBER 5 362 FOLIO | 83 b) the area designated as "Parcel D-4B" on a plat entitled "Plat 4, Section IT" of the subdivision known as "St. Martin's by the Bay", Worcester County, Maryland in Plat Book R.H.O. No. 122, at Plat No. 7, and recorded among the Land Records of Worcester County, Maryland.

Such easements shall be appurtenant to and shall pass with title to the parcels which contain the Easement Areas, until such time as the private water and sewer system currently in place within the Subdivision is abandoned and public water and sewer services as provided by Worcester County replace the private system serving the parcels.

• Use and Maintenance of Easement Areas. The Easement Areas are for use by members of the Association for scenic and recreation purposes, as are the other open space areas within the Subdivision in accordance with the applicable definition of "open space" in the Worcester County Code. This easement shall be exclusive and precludes any and all use by Grantor (except for recreational use as a member of the Association).
• Enforcement. Breach of any of the covenants, conditions, restrictions or easements contained in this Easement Agreement, and the continuation of any such breach, may be enjoined, abated or remedied by appropriate legal or equitable proceedings. The reasonably prevailing party in any such proceeding shall be entitled to recover from the other Party its costs and expenses in connection therewith, including reasonable attorneys' fees and the costs and expenses of litigation.
• Binding Effect. All of the covenants, conditions, restrictions and easements of this Easement Agreement shall be binding upon, and run with, and shall be binding upon any person having or acquiring any right, title or interest in the parcels containing the Easement Areas.

as of This Easement Agreement has been executed by the Parties hereto to be effective , 2009.

ATTEST:

St. Martin's by the Bay Homeowners' Association Oliver Walsh, Chairman CarolyNt: Alexander Siamack Bahramı

LIBER 5 362 FOLIO | 79 EASEMENT AGREEMENT WORCESTER COUNTY CIRCUIT COURT (Land Records) SVH 5362, p. 0179, MSA CE31_5536. Date available 10/13/2009. Printed 02/23/2014.

WITNESSETH:

Recitals

• WHEREAS, St. Martin's by the Bay Homeowners Association was formed ursuant to law as an association of owners of land within the St. Martin's by the Ba UD Subdivision (the "Subdivision) located on the St. Martin's River north of Beauchamp Road in the Third election district of Worcester County; and
• WHEREAS, Worcester County requires 30% open space to be dedicated to the Association in order for the Subdivision to be in compliance with the Worcester County Code; and
• WHEREAS, in order for the Wetland Area of the Subdivision to meet the County's open space requirement, ingress and egress access must be provided for the members of the Association; and
• WHEREAS, Bahrami has agreed to provide a permanent easement for purposes of ingress and egress access to the Wetland Arca, for the exclusive use of the members of the Association, their guests and invitees, in accordance with paragraph 7(a) of a Settlement Agreement between the Parties, dated May 1, 2007, which is filed in Civil No 23-C-06-000896 DJ in the Circuit Court for Worcester County (the "Settlement Agreement).

NOW, THEREFORE, the Parties hereby agree as follows:

- 1. Easement Area. For good and valuable consideration (but no monetary vally, the g Grantor does grant and convey to the St. Martin's by the Bay Homeowners' Associatigg, for use by its members, invitees, and guests, for ingress and egress to the Wetland Area of the Subdivision, an exclusive easement of access to and over the area as described below ("Easement Area"). Such easement shall be appurtenant to and shall pass with title to the parcel which contains the Easement Area, and shall be binding on Bahrami, his heirs, successors and assigns.

The Easement Area shall be fifteen feet (15°) in width and shall be contiguous with and adjacent to the entire westerly and southerly boundary of Lot 13A of the Subdivision, which lot is shown on a plat entitled "Plat 5, Section II" recorded among the Land Records of Worcester County, Maryland in Plat Book R.H.O. Liber 125, at Plat No.

• The Easement Area extends from Marina Drive to the point or location where Lot 13A ends and the Wetland Area begins, such Wetland Area having been deeded to the Association by Bahrami pursuant to the Settlement Agreement in a deed dated June 1, Webb burnett 1,0 lax 910 salis, mD a180? 'EPHEN V. HALES CLK.CT.CT.

WOR.CO

WORCESTER COUNTY CIRCUIT COURT (Land Records) SVH 5362, p. 0180, MSA_CE31_5536. Date available 10/13/2009. Printed 02/23/2014 LIBER 5 362 FOLIO 180 2007, to be recorded among the aforementioned Land Records. The Easement Area is designated in detail on a Plat entitled "Boundary Line Adjustment, Parcels P, P-2 & P-3, St. Martin's by the Bay" as prepared by Frank G. Lynch, Jr. & Associates, Inc. and dated February 25, 2009. Such Plat is either recorded among the Plat Records of Worcester County, Maryland, in Plat Cabinet S.V.H. No. 232, Folio 14-15.

• Use and Maintenance of Easement Areas. This easement shall be exclusive and precludes any and all use by Grantor except his, or his heirs, successors and assigns', right of use as a member of the Association.
• Enforcement. Breach of any of the covenants, conditions, restrictions or easements contained in this Easement Agreement, and the continuation of any such breach, may be enjoined, abated or remedied by appropriate legal or equitable proceedings. The reasonably prevailing party in any such proceeding shall be entitled to recover from the other Party its costs and expenses in connection therewith, including reasonable attorneys' fees and the costs and expenses of litigation.
• Binding Effect. All of the covenants, conditions, restrictions and easements of this Easement Agreement shall be binding upon, and run with, and shall be binding upon any person having or acquiring any right, title or interest in the parcel containing the Easement Area.

This Easement Agreement has been executed by the Parties hereto to be effective as of - 2009.

ATTEST:

St. Martin's by the Bay Homeowners' Association Sequins R. Women or Oliver Walsh, Chairmai Carolyws Acexander