Patrick G. & Valerie V. O'Malley - Page 4




                                        - 4 -                                         
          times.                                                                      
               Shortly after petitioners purchased the Severn Chapel Road             
          property, Mr. O’Malley considered subdividing that property in              
          order to increase its value.  To that end, in 1998, petitioners             
          retained Ed Brown & Associates, Inc. (Ed Brown and Associates), a           
          consulting company in land surveying, land planning, and land               
          development.  Petitioners asked Ed Brown and Associates to pre-             
          pare a plan (petitioners’ subdivision plan) and a plat (petition-           
          ers’ subdivision plat) for the subdivision of the Severn Chapel             
          Road property into 13 lots under the family conveyance subdivi-             
          sion provisions of section 4-301 of article 26 of the Anne                  
          Arundel County Code (family conveyance subdivision provisions of            
          the Anne Arundel County Code).  Around May 1999, Ed Brown and               
          Associates completed its work.                                              
               On September 29, 1999, Anne Arundel County approved peti-              
          tioners’ subdivision plan, and petitioners had petitioners’                 
          subdivision plat recorded in the land records of Anne Arundel               
          County.  Petitioners’ subdivision plat provided in pertinent                
          part:                                                                       
               The family members listed below must retain the lots for a period      
               of five (5) years per the notarized and signed intrafamily trans-      
               fer declaration of intent on file with planning and code enforce-      
               ment and in accordance with article 26, section 304.1(9) and 4-103     
               (Bill 33-96)                                                           











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