BK 2177 PG 1337
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF SHELTER LAKES (hereinafter referred to as this “Amendment”) is made and entered into as of August 16, 1994, by and between Raymond C. Hawkins Construction Co., Inc., a Virginia corporation (the “Declarant”), to be indexed as Grantor, and Shelter Lakes, Inc., a Virginia corporation (the “Association”), to be indexed as Grantor and Grantee.
WHEREAS, the Declarant is the owner of certain lots in Section 1, Shelter Lakes, as the same is duly dedicated, platted and recorded in Deed Book No. 1931, at page 700, among the land records of Prince William County, Virginia (the “Subdivision”); and,
WHEREAS, the Association is the duly organized and existing homeowners’ association for the Subdivision and is the owner of certain parcels located in the Subdivision; and,
WHEREAS, by Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes (the “Declaration”) recorded in Deed Book No. 1948, at Page 1015, among the land records of Prince William County, Virginia, the Declarant subjected the Subdivision property to certain covenants, conditions, restrictions and reservations; and,
WHEREAS, by Deed of Resubdivision, Vacation, Dedication and Easement recorded in Deed Book No. 2167, at page 1881, among the aforesaid County land records (the “Resubdivision”), Lots 13, 14 and 25 were resubdivided into Lots 13A, 14A and 25A, Section 1, Shelter Lakes (the “Resubdivided Lots”), certain easements were vacated and certain easements were created; and,
WHEREAS, Article XII, Section 3, of the Declaration, provides that the Declarant, and any successor to the Declarant, reserves the right to make changes, modifications and/or exceptions to any of the covenants, conditions, restrictions, or reservations contained in the Declaration; and,
WHEREAS, the Declarant desires to amend the Declaration as provided herein.
NOW THEREFORE, in consideration of the premises, the sum of Ten Dollars, cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declarant hereby amends the Declaration as follows:
1. The premises set forth above are incorporated herein by this reference.
2. Any reference in the Declaration to Lot 13, Lot 14 and/or Lot 25, shall mean the respective Resubdivided Lots, or any applicable one or more of the Resubdivided Lots.
3. The term “CD 2”, defined in Article VII, Section 2(A)(ii) of the Declaration as the Common Driveway over the 50′ Ingress-Egress Easement shown on Lot 6, Section 1, Shelter Lakes, is hereby amended to mean the 30′ Ingress-Egress Easement created and established by the Resubdivision on Lot 6, Section 1, Shelter Lakes.
4. Article VII, Section 2(A) is hereby amended to add the following:
… v) the 75′ Ingress-Egress Easement shown on Lot 5 (“CD 5”), as shown on the plat recorded with the Resubdivision.
5. Article VII, Section 2(B) is hereby amended to add the following:
… with respect to CD 5, the Affected Lots shall mean Lot 5, and the adjacent property acquired by the Declarant in Deed book No. 1357, at page 1256, and in Deed Book No. 1377, at page 870, of the said County land records.
6. Article VII, Section 2(C) is hereby amended to add the following:
For CD 5, Lot 5 is a User if this Owner utilizes CD 5 for ingress-egress to such Owner’s residence; and, the Declarant shall be a User at such time it utilizes CD 5 for ingress-egress to the adjacent lands presently owned by it.
6. Article X, Section 6, is hereby amended as follows:
Section 6. CD Nos. 1, 2, 3 and 5. With respect to private non-exclusive CD Nos. 1, 2, 3 and 5, the Declarant hereby reserves unto itself the right to grant at any time to the other adjacent property
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owners, public utility companies or itself, the right to use the appropriate CD No. 1, 2, 3 or 5 for ingress-egress and utility service purposes. Any party granted such rights by the Declarant (except for public utility companies or governmental authorities) shall be deemed a User of such Common Driveway and be subject to the applicable provisions of Article VII – Common Driveway with respect to such Common Driveway.
7. The percentages allocated to parties in interest with respect to Lake Two Lots, as provided in Article VIII, Section 10, are hereby amended as follows:
Lot 18 – 10%
Lot 19 – 40%
Unsubdivided Land – 30%
Parcel C – 20%
8. The Association, as evidenced by its signature hereto, consents to the amendments to the Declaration contained herein.
9. The amendments to the Declaration contained herein shall run with the land and be binding on all existing, subsequent and future Owners, grantees, purchasers, assignees, and transferees thereof.
IN WITNESS WHEREOF, the undersigned, being the Declarant and Association herein, have hereunto set their hands and seals.
RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation
By: _________________________________ (SEAL)
Its President
SHELTER LAKES, INC., a Virginia not-for-profit corporation
By: _________________________________ (SEAL)
Its President
BK 2177 PG 1340
COMMONWEALTH OF VIRGINIA, At Large,
COUNTY OF FAIRFAX, to-wit:
I, Esther C. Koppenhaver, a Notary Public in and for the said Commonwealth of Virginia, At Large, do hereby certify that this day personally appeared before me in said County, RAYMOND C. HAWKINS, President, of RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation, whose name is signed to the foregoing First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes, dated August 16, 1994, and acknowledged the same before me in said County, for and on behalf of said corporation, by due authority.
My commission expires: January 31, 1997
GIVEN under my hand and notarial seal this 16th day of August, 1994.
Notary Public as Aforesaid
COMMONWEALTH OF VIRGINIA, At Large,
COUNTY OF FAIRFAX, to-wit:
I, Esther C. Koppenhaver, a Notary Public in and for the said Commonwealth of Virginia, At Large, do hereby certify that this day personally appeared before me in said County, RAYMOND C. HAWKINS, President, of SHELTER LAKES, INC., a Virginia corporation, whose name is signed to the foregoing First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes, dated August 16, 1994, and acknowledged the same before me in said County, for and on behalf of said corporation, by due authority.
My commission expires: January 31, 1997
GIVEN under my hand and notarial seal this 16th day of August, 1994.
Notary Public as Aforesaid
RECORDED W/CERTIFICATE ANNEXED
94 AUG 22 PM 12:55
PRINCE WILLIAM CO., VA
TESTE: _________________ CLERK