Second Amendment to Declaration of Covenants, Conditions, Easements and Restrictions for GlenRiddle Community Association, Inc.
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR GLENRIDDLE COMMUNITY ASSOCIATION, INC. (this “Amendment”) is made effective the 24th day of November, 2008, by CENTEX/TAYLOR, LLC, a Delaware limited liability company (the “Declarant”).
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RECITALS:
A. A Declaration of Covenants, Conditions, Easements and Restrictions for GlenRiddle Community Association, Inc. (the “Association”) was recorded among the Land Records of Worcester County, Maryland (“Land Records”) on September 16, 2003, in Liber 3870, folio 001 (the “Declaration,” which term shall include any and all subsequent corrections, modifications, amendments and supplements thereof as may be recorded prior hereto among the Land Records).
B. As set forth in the Declaration, a Marina is located within the Community that is the Community Property of the Association. The Marina is comprised of all the real property shown as Parcel 25 on the plats of subdivision recorded among the Land Records in Plat Book SVH 182, pages 6 through 104, and all improvements and appurtenances to said Parcel 25.
C. A plan entitled “GlenRiddle Marina Boat Slip Declaration, Berlin, Maryland” which shows the Marina, including the numbers assigned to the Boat Slips in the Marina, was recorded among the Land Records in Plat Book SVH 201, pages 43 and 44 (the “Original Marina Plan”).
D. The Declarant desires to amend the Declaration to reflect changes in the Original Marina Plan, specifically, that Boat Slip 33 has been relocated to the location shown on an amended Marina Plan, recorded among the Land Records on or about October 27, 2008 in Plat Book SVH 229, pages 6 and 7 (the “Amended Marina Plan”). A copy of the Amended Marina Plan is attached hereto and made a part of this Amendment as Exhibit “B.” The Original Marina Plan and the Amended Marina Plan are hereinafter referred to as the “Marina” Plan.”
E. Pursuant to Section 16.2 of the Declaration, the Declaration reserved the right, in its sole discretion, to amend the Marina Plan from time to time, including, without limitation, to change the location of any Boat Slip depicted on the Marina Plan
F. Section 17.2 of the Declaration reserves to the Declarant the right, among other things, to amend the Declaration as the Declarant may deem necessary or desirable to reflect changes in the Community Plan and the Marina Plan.
G. Section 17.3 of the Declaration reserves to the Declarant a power of attorney to execute on behalf of all contract purchasers, Owners, Mortgagees, and other lienholders or parties claiming a legal or equitable interest in any Living Unit or Community Property, any such agreements, documents, amendments or supplements to the Declaration made in accordance with Section 17.2 of the Declaration.
NOW, THEREFORE, in consideration of the foregoing recitals, each of which is incorporated into and made a substantive part of this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Declarant hereby amends the Declaration as follows on behalf of all contract purchasers, Owners, Mortgagees, and other lienholders or parties claiming a legal or equitable interest in any Living Unit or Community Property:
1. Capitalized terms used in this Amendment but not defined in this Amendment have the meanings set forth for them in the Declaration.
2. All references to the “Marina Plan” in the Declaration and other Governing Documents shall mean and refer to the Amended Marina Plan, as it may be further amended or modified from time to time. Exhibit “B” attached to the Declaration is deleted in its entirety and replaced with the Amended Marina Plan, a copy of which is attached hereto as Exhibit “B.”
3. In the event of any conflict between this Amendment and the Declaration, the terms and provisions of this Amendment shall control. All terms and provisions of the Declaration as modified by this Amendment are in full force and effect.
4. If any term or provision of this Amendment is invalid or unenforceable for any reason, the remaining terms and provisions of this Amendment shall remain in full force and effect.
5. This Amendment shall be construed and enforced in accordance with the laws of the State of Maryland, and shall become effective upon its recordation among the Land Records.
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IN WITNESS WHEREOF, the Declarant has executed this Amendment as of the day and year first written above on behalf of itself and on behalf of all contract purchasers, Owners, Mortgagees, and other lienholders or parties claiming a legal or equitable interest in any Living Unit or Community Property.
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