SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS SECOND SUPPLEMENTARY DECLARATION is made this 25h day of July, 1997 by J. LAURENCE MILLISON, (“Declarant”).
R E C I T A L S
WHEREAS, by Declaration dated November 9, 1992, and recorded among the Land Records of St. Mary’s County, Maryland, in Liber E.W.A., No. 725, folio 390&c, as amended by Amendment to Declaration of Covenants, Conditions and Restrictions dated September 9, 1993 and recorded as aforesaid in Liber E.W.A., No. 810, folio 213&c. (collectively the “Declaration”), Declarant subjected a parcel of land in the Eighth Election District of St. Mary’s County, Maryland, containing 16.62 acres, more or less, as shown on the subdivision plat prepared by Norris, Gass & Ocker Engineering, Inc., entitled “Greenbrier, Section One, Phase One”, and recorded as aforesaid in Plat Liber E.W.A., No 37, folio 122, to the easements, covenants, conditions, restrictions, charges and liens set forth therein, in conjunction with the establishment of a Homeowners Association known as “Heritage Manor Greenbrier Homeowners Association, Inc.”; and
WHEREAS, Declarant expressly reserved unto himself, the right to annex and bring within the scheme of the Declaration additional lands, all as more fully set forth in Article VII of the Declaration; and
WHEREAS, by Supplementary Declaration of Covenants, Conditions and Restrictions dated June 14, 1994 and recorded as aforesaid in Liber E.W.A. No. 905, folio 61&c (“Supplementary Declaration”), Declarant annexed and brought within the scheme of Declaration and additional 66.426 acres, more or less, as shown on the plat entitled “Greenbrier, Section One, Phase Two”, and recorded as aforesaid in plat Liber E.W.A. No. 37, folio 123; and
WHEREAS, Developer desires to annex and bring within the scheme of the Declaration the hereinafter described property.
W I T N E S S E T H:
NOW, THEREFORE, Declarant, in the exercise of the right he reserved unto himself under Section 5 of Article VII of the Declaration, does hereby amend the Declaration as follows:
ARTICLE I
DEFINITIONS
(a)The term “Declaration” is redefined to mean the Declaration as amended by the Supplementary Declaration and this Second Supplementary Declaration.
(b)The term “Plat” (as defined in Section 3 of Article I of the Declaration) is redefined to mean and include the plat originally included within that term and the plat entitled “Greenbrier, Section One, Phase Two”, recorded as aforesaid in Plat Liber E.W.A. No. 37, folio 123, the plat referred to in the Supplementary Declaration, and the plat entitled “Greenbrier, Section Two, Phase One, recorded as aforesaid in Plat Liber E.W.A. No. 38, folios 7 & 8 and Confirmatory Plat thereof recorded as aforesaid in Plat Liber E.W.A. No 43, folio 55.
(c)The term “Property” (as defined in Section 4 of Article I of the Declaration) is redefined to mean and include the property originally included within that term, the property included in the Supplementary Declaration and the property subjected to the Declaration pursuant to article II hereof.
(d)The term “Common Areas” (as defined in Section 5 of Article I of the Declaration) is redefined to mean and include the common areas originally included within that term, the common areas described in the Supplementary Declaration and the common areas subjected to the Declaration pursuant to Article II hereof.
ARTICLE II
ANNEXATION
Declarant, owner of the following described Property, hereby annexes and brings within the scheme of the Declaration the following Property:
(a)All that lot or parcel of ground in the Eighth Election District of St. Mary’s County, Maryland, containing 27.529 acres, more or less, as shown on the plat entitled “Greenbrier Section Two, Phase One”, recorded as aforesaid in Plat Liber E.W.A. No. 38, folios 7 & 8, and Confirmatory Plat thereof, recorded as aforesaid in Plat Liber E.W.A. No. 43, folio 55, containing 65 individual lots, roadways and open spaces.
(b)The total acreage hereby annexed is 27.529 acres, of which 9.475 acres of open space as shown on the plat recorded as aforesaid in Liber E.W.A. No. 36, folios 7 & 8 and in Plat Liber E.W.A. No. 43, folio 55, shall be Common Areas as that phrase is defined in the Declaration and shall be owned by the Association for the common use, benefit and enjoyment of the Owners. The total number of Lots subject to the Declaration is increased to 177.
ARTICLE III
GENERAL PROVISIONS
Except to the extent hereby amended, the terms, covenants, conditions and restriction of the Declaration are hereby ratified and confirmed, and they shall remain in full force and effect to the end and intent that the property annexed hereby shall be held, sold and conveyed subject to the Easements, Covenants, Conditions, Restrictions, Charges and Liens set forth in the Declaration.
WITNESS, the hand and seal of Declarant as of the day and year first above written.
WITNESS:
Signature on original documentSignature on original document
STATE OF MARYLAND
COUNTY OF ST. MARY’S
I HEREBY CERTIFY, that on this 25th day of July, 1997, before me, the subscriber, a Notary Public for the State aforesaid, personally appeared J. Laurence Millison and he acknowledged the foregoing Second Supplementary Declaration of Covenants, Conditions and Restrictions to be his act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
Signature on original document
Notary Public
My Commission Expires:5-1-2001 (SEAL)
THIS IS TO CERTIFY THAT THE
WITHIN INSTRUMENT WAS PREPARED
BY THE UNDERSIGNED ATTORNEY,
DULY ADMITTED TO PRACTICE
BEFORE THE COURT OF APPEALS
OF MARYLAND, OR BY AND EMPLOYEE
OF SUCH ATTORNEY.
Signature on original Document
Thomas J. Doud, Jr.
Attorney-at Law
Mail to: Thomas J. Doud, Jr.
233 E. Redwood Street
Baltimore, Maryland 21202
R14502.122 S:8
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