Declaration Instructions 2016 (PDF)

DEPARTMENT OF PLANNING & ZONING

Queen 110 Vincit St., Suite 104 Anne’s Centreville, MD 21617 County T e lephone Planning: (410) 758-1255 Fax Planning: (410) 758-2905 County Commissioners:

Telephone Permits: (410) 758-4088 James J. Moran, At Large Fax Permits: (410) 758-3972 Jack N. Wilson, Jr., District 1 Stephen Wilson, District 2 Robert Charles Buckey, District 3 Mark A. Anderson, District 4

DECLARATION OF ADMINISTRATIVE SUBDIVISION

Section §18:1-171 of the 2004 Department of Planning & Zoning Regulations permits consideration and approval of Declaration of Administrative Subdivisions Without a Plat on the basis of an instrument if:

1. All existing lots were established on a single plat;

2. The basic plat was recorded among the Land Records of Queen Anne’s County prior to April 9, 1987,

and is bound within a book containing plats or other land records;

3. All resulting lots are defined or established solely by reference to the metes, bounds, courses, and

distances set forth on the basic plat; and

4. All resulting lots can be adequately and intelligibly defined in accordance with this section and without

requiring a contemporary survey or the preparation of a new plat.

The following pages will assist in the completion of a Declaration of Administrative Subdivision without a Plat process. The pages include:

Pages

2-3 An

instructional numerical listing of the information required to be included on the form.

Pages

4-5 A

Declaration of Administrative Subdivision form, with the blanks to be completed and numbered for reference purposes.

Once completed, the following information is submitted to the Planning Department as part of the packet for review:

1. 6 copies of a completed Administrative Application

2. 6 copies of the Declaration document.

3. 2 copies of Critical Area project notification form – if necessary.

4. 6 copies of the plat of the existing lots that indicats the metes and bounds description of the line(s) to be

removed (can be obtained from County court house). All copies of plat must be folded to fit in a 12” x 15” envelope.

5. 2 copies of the deed(s) to the property (can be obtained from County court house).

6. Application fee for $100 made payable to Queen Anne’s County Commissioners.

7. Adjacent Property Notification with postal certification(s).

Spaces are provided for the Declarant/s, the Mortgagee/s and the Trustee/s to sign the document, have their signatures witnessed and five separate Uniform Acknowledgment Acts are provided for completion by the notaries.

After the internal review has been completed and approved, the document will be signed and dated by the Department of Planning & Zoning Attorney.

Page 1 of 4 Instructions for Filling in the Blanks On A Declaration of Administrative Subdivision Document

1. Day the form is being completed

2. Month the form is being completed

3. Year the form is being completed

4. Declarant (people requesting the administrative subdivision)

5. Mortgagee/s (person/s to whom property is mortgaged - usually the name of bank, if there is no mortgage leave

blank)

6. Trustee/s (person/s to whom management of property is entrusted, if not applicable, leave blank)

7. Election district

8. Existing map, grid, parcel and lot numbers

9. Block numbers

10. Name of the development (please write out complete name)

11. Date of the deed/s

12. Year of the deed/s

13. Deed book number

14. Deed page number (if deed is longer than one page, write in only the 1st page number)

15. Deed book number (if additional references are necessary - use if more than one deed exist for Property/s or

lot/s)

16. Deed page number (if additional references are necessary - use if more than one deed exist for Property/s or

lot/s)

17. Name of subdivision plat (please write out complete name)

18. Plat number

19. Section number (if there is no section number, please leave blank)

20. Month, day plat was recorded

21. Year - plat was recorded

22. Plat book number

23. Plat page number

24. Length in feet of the common boundary line/s to be abolished

25. Course (metes and bounds) description of the line/s to be abolished

26. Name of the development (please write out complete name)

27. Existing lot numbers

28. Block number

29. Development name (please write out complete name)

30. Length in feet of the common boundary line/s to be abolished

31. Existing lot numbers

32. Block number

33. Development name (please write out complete name, if not known, please contact the P&Z for guidance)

34. New combined lot number (if not known, please contact P&Z for guidance)

35. Block number

36. Development name (please write out complete name)

37. New lot number

38. Existing lot number

39. Block number

40. Development name (please write out complete name)

41. Month, day of mortgage or deed of trust (this is not the same information as provided in blanks 11 & 12)

- mortgage/deed of trust information should be part of your personal records)

42. Year of mortgage or deed of trust

Page 2 of 4

43. Additional month, day of mortgage or deed of trust if necessary (use if more than one mortgage or deed

of trust exists for property/s or lot/s

44. Additional year of mortgage or deed of trust if necessary (use if more than one mortgage or deed of trust

exists for property/s or lot/s

45. Mortgage or deed of trust book number

46. Mortgage or deed of trust page number

47. Mortgage or deed of trust book number - additional if necessary

48. Mortgage or deed of trust page number - additional if necessary

49. Day document is signed

50. Month document is signed

51. Year document is signed

DECLARATION OF ADMINISTRATIVE SUBDIVISION

THIS DECLARATION made this 1 day of 2 , 20 3 by 4 and 4 (hereinafter the “Declarant(s)”) and 5 and 5 (hereinafter the “Mortgagee(s)”) and 6 and 6 (hereinafter the “Trustee(s)”,

WITNESSES:

WHEREAS, the Declarant(s) is or are the fee simple owner(s) of all those lots, parcels, or tracts of land located in the 7 election district of Queen Anne’s County, more particularly known as Map 8 , Grid 8 , Parcel 8 , Lots 8 , 8 , 8 and 8 , Block 9 , 10 , a described in a deed or deeds dated 11 , 12 recorded among the Land Records of Queen Anne’s County at Liber 13 , Folio 14 and Liber 15 , Folio 16 , and

WHEREAS, said lots are set forth and depicted on a plat known as 17 , plat 18 , section 19 , dated 20 , 21 , recorded among the Land Records of Queen Anne’s County at Plat Book 22 , folio 23 , and WHEREAS, said lots are contiguous and share a common boundary line(s) 24’ in length along a course set forth on the aforesaid plat as 25 , and WHEREAS, the Declarant(s) desires to eliminate the common boundary line(s) between the said lots

for the purpose of combining the lots into one (1) lot of record, and NOW THEREFORE, in light of the premises and for no consideration, the Declarant(s) declares and agrees as follows:

1. The above recitals are not merely prefatory but are incorporated herein as if fully set forth.

2. The Declarant(s) declares that for all purposes other than the payment of fees or charges imposed by any

covenants, agreements, or community association by-laws generally affecting or running with and binding lands within 26 , the common boundary line(s) between Lots 27 , 27 , 27 and 27 , block 28 , 29 , being 30’ in length is abolished, null and void, and of no further force and effect with the direct and intended result that Lots 31 , 31 , 31 and 31 , Block 32 , 33 , shall no longer be separate and distinct lots,

but henceforth shall be treated, considered, granted and conveyed collectively as one (1) lot to be known as Lot 34 , Block 35 , 36 .

Page 3 of 4

3. The Declarant(s) expressly acknowledges that after final approval of this Declaration by the Director of

Planning & Zoning, the word “lot” as applied to any land described in this Declaration shall be deemed for purposes of any zoning or subdivision ordinance to mean the resulting Lot 37 established herein.

4. The Mortgagee(s) or Trust(s) (on behalf of the Beneficiary) is the holder of a lien on Lots 38 , 38 , 38 ,

38 and 38 , Block 39 , 40 by virtue of a Mortgage/Deed of Trust dated 41 , 42 and 43 , 44 , and recorded among the Land Records of Queen Anne’s County at Liber 45 , ___, ___, Folio 46 , and Liber 47 , ___, Folio 48 and joins in the executive of this Declaration for itself, its successors and assigns, for the purpose assenting to the operation and effect of this instrument.

WITNESS the hands and seals of the Declarant(s), Mortgages(s)/Beneficiary and/or Trustee(s) as of this 49 day of 50 , 20 51 .

WITNESS: DECLARANTS(S)

____________________________ ___________________________________(SEAL)

____________________________ ___________________________________(SEAL)

MORTGAGEE/BENEFICIARY

___________________________ ___________________________________(SEAL)

___________________________ By:________________________________(SEAL)

TRUSTEE(S)

___________________________ ___________________________________(SEAL)

___________________________ ___________________________________(SEAL)

STATE OF MARYLAND, __________________________, COUNTY TO WIT:

I HEREBY CERTIFY that on this _____ day of _______________, 20____, before me, the undersigned Notary Public of the State and County aforesaid, personally appeared ________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that __he executed the same for the purpose therein contained.

IN WITNESS WHEROF, I have hereunto set my hand and official seal the day and year last above written.

Notary Public: ________________________________

My Commission Expires: _______________________

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