| Recorded Deed Book 1799 pages 1172-1177
SECOND AMENDMENT TO
DECLARATION OF COVENANTS AND RESTRICTIONS
OF THE WOODLAKE COMMUNITY ASSOCIATION
AND INVESTORS WOODLAKE DEVELOPMENT CORPORATION,
A VIRGINIA CORPORATION
THIS SECOND AMENDMENT, made this August 13, 1986, by the
Woodlake Community Association, Inc., a Virginia non-profit non-stock corporation,
hereinafter called "Association," and Investors Woodlake Development
Corporation, a Virginia corporation, hereinafter called "Company."
On September 19, 1983, the Association and the Company filed
for record a Declaration of Covenants and Restrictions of the Woodlake Community
Association and Investors Woodlake Development Corporation, a Virginia Corporation, which
are recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia,
in Deed Book 1625 at page 1122 (the "Declaration"). The Declaration was amended
by a First Amendment to the Declaration of Covenants and Restrictions on June 28, 1985,
which was recorded in the aforesaid Clerk's Office in Deed Book 1799, page 1167,
(the "First Amendment").
The Association desires to make certain additional amendments
to the Declaration as provided for in Article VIII, Section 2 of the Declaration.
Accordingly, this Amendment was presented to a duly called meeting of the Association held
on April 15, 1986 at Chesterfield County, Virginia, pursuant to proper notice to all
members and in accordance with the pertinent provisions of the Virginia non-stock
corporation act. As of the date of the meeting, the total number of votes of Members of
the Association was 1641; the total number of votes required to constitute a quorum was
656; a quorum comprised of 678 was present in person or by proxy at the meeting; the
number of votes cast in person or by proxy for the Amendments contained herein, the number
of votes necessary to adopt each such proposed amendment, and the number of votes for or
against each such proposed amendments were as follows:
Amendments Numbered 1, 2 and 3
Total Votes
Cast |
Votes Necessary To Adopt
(75% of Total Votes Cast) |
Votes
For |
Votes
Against |
| 667 |
500 |
661 |
6 |
|
| ALL amendments were thereby approved.
NOW THEREFORE, the Association does hereby amend the
Declaration as amended by the First Amendment as follows so that from the effective date
hereof the real property described in Article II of the Declaration shall be held,
transferred, sold, conveyed, given, donated, leased, occupied and used subject to the
restrictions, conditions, easements, charges, assessments, affirmative obligations, and
liens hereinafter set forth:
1. Amendment No. 1. Article I, Section (m) is amended
by adding the following to the definition of "Public or Commercial Unit":
| Whenever used herein "Public of Commercial Unit" shall include
"Self Maintained Public or Commercial Unit." A Self Maintained Public or
Commercial Unit" is defined to mean any improved parcel of land which is a public or
commercial unit and on which initial construction began after April 15, 1986, and the
Owner of which (i) has established a plan of maintenance approved by the Association in
the sole discretion of its agents, and (ii) the Owner has entered into an agreement with
the Association agreeing that he will provide all services to his parcel which the
Association otherwise would have been required to provide, and that upon his failure to
provide such services he will pay the Association an amount equal to the assessments paid
by the Owner of a "Public or Commercial Unit" for the time period such failure
of services continues. |
2. Amendment No. 2. Article IV, Section
5 is amended by adding the following subparagraph (c) thereto:
| (c) Notwithstanding any other provision of this Declaration, the Company
shall not have the right to convey to the Association any property on which there exists a
private road or right-of-way for vehicular ingress and egress without obtaining the
written consent of the Association to such conveyance. |
3. Amendment No. 3. Article V, Section 3
(a) is amended by adding the following property type and maximum regular annual assessment
thereto:
| PROPERTY TYPE |
MAXIMUM REGULAR
ANNUAL ASSESSMENT |
Self Maintained Public Or
Commercial Unit |
$125.00 Per Acre; Prorated For Part of An Acre But In No Event Less Than
$125.00 For Each Unit |
4. Defined Terms. Capitalized terms
defined in the Declaration shall have the same meanings when used in this Amendment.
5. Construction. This Amendment is intended to
supplement the Declaration as amended by the First Amendment. It is not intended, and
shall not be construed, to supersede or contradict any provision of the Declaration or
First Amendment, except as expressly set forth herein.
6. Effective Date. This Amendment shall become
effective on the date it is recorded in the Clerk's Office or sixty (60) days after the
date of the meeting of the Association at which it was adopted, whichever is later.
IN WITNESS WHEREOF, the Association and the Company have
caused this instrument to be executed and their seals attached by the duly authorize
officers.
| WOODLAKE COMMUNITY ASSOCIATION, INC. |
| By: _____Ronald J. Lanio_____ |
| President |
|
Attest:
H. Clem Carlisle, III
Secretary
| INVESTORS WOODLAKE DEVELOPMENT CORPORATION, A Virginia corporation |
| By: ____Warner L. Blunt, III____ |
| Vice President |
Attest:
Margaret A. Lupini
Assistant Secretary
STATE OF VIRGINIA AT LARGE
City/County of Chesterfield, to-wit:
The foregoing instrument was acknowledged before me this 16th
day of September, 1986, by Ronald J. Lanio, as President of
Woodlake Community Association, Inc., a Virginia non-profit, no-stock corporation, on
behalf of the corporation.
My commission expires: February 27, 1990.
| ____Elizabeth V. Sheets____ |
| Notary Public |
STATE OF VIRGINIA AT LARGE
City/County of Richmond, to-wit:
The foregoing instrument was acknowledged before me this 18th
day of September, 1986, by Warner L. Blunt, III, as Vice
President of Investors Woodlake Development Corporation, a Virginia corporation, on behalf
of the corporation.
My commission expires: 4/3/88
____Marcella D.
Campbell____ |
| Notary Public |
VIRGINIA:
|
IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF CHESTERFIELD COUNTY, THE 19
DAY OF SEP 1986, THIS DEED WAS PRESENTED AND WITH THE CERTIFICATE…….,ADMITTED TO
RECORD AT 11:00 O'CLOCK. THE TAX IMPOSED BY SECTION 58.1-802 IN THE AMOUNT OF $.00 HAS
BEEN PAID.
|
| TESTE: RONALD P. LIVINGSTON, CLERK |
|