1955 Covenants:

AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND EASEMENTS 

THIS AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND EASEMENTS (“Amendment”) is dated as of ________________, by and among the parties listed on the attached Exhibit A (the “Parties”), which exhibit is incorporated into and made a part of this Amendment.

RECITALS:

A.              Westbourne, Inc., a Delaware corporation, made certain lots located in Henrico County, Virginia, subject to restrictive covenants, conditions and easements as set out in a document dated November 3, 1955, and recorded in the land records of the Clerk’s Office of the Circuit Court of Henrico County, Virginia (the “Clerk’s Office”), at Deed Book 765, page 461 (the “Original Declaration”).  The total number of lots subject to the Original Declaration as set forth in the Original Declaration is two hundred and thirty four (234).

B.              Section 6 of the Original Declaration provides in pertinent part that the Original Declaration may be amended in whole or in part by a recorded instrument signed by a majority of the then owners of the lots subject to the Original Declaration.

C.              The Parties: (i) are current owners of lots subject to the Original Declaration; (ii) are signatories to this Amendment, and (iii) constitute owners of more than a majority of the lots subject to the Original Declaration.

D.              The Parties desire to amend the Original Declaration to release the real property described on Exhibit B (the “Libbie Mill-Midtown Parcel”), which exhibit is incorporated into and made a part of this Amendment, from the restrictive covenants, conditions and easements set out in the Original Declaration.

AGREEMENT:

NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1.               The Recitals set forth above are hereby incorporated by reference as a part of this Amendment.

2.               The signatories to this Amendment represent owners of at least one hundred and eighteen (118) lots subject to the Original Declaration (which is a majority of the current owners of lots subject to the Original Declaration) and therefore constitute the necessary signatories for amendment in accordance with the provision of Section 6 of the Original Declaration.

3.               The Parties hereby amend the Original Declaration to remove the Libbie Mill – Midtown Parcel from the restrictive covenants, conditions and easements set out in the Original Declaration, and the Libbie Mill – Midtown Parcel shall not be subject to the Original Declaration.

4.               Except as modified by the terms of this Amendment, all terms and conditions of the Original Declaration shall remain in full force and effect.

Exhibit A

Tax Parcel Nos. and Parties

(to include the parcel #, names, addresses and Block/Lot # of all participants)

Exhibit B

Libbie Mill – Midtown Parcel

All that certain real property identified as:

Lots 2 through 16, inclusive, in Block A, and Lots 1 through 12, inclusive, in Block B, as shown on the plat titled “WESTBOURNE Revision Plan of Section – “A”, Brookland Dist., Henrico Co., Va.,” prepared by W. W. LaPrade & Bros., Civil Engineers, Richmond, Va., dated July 27, 1955, and recorded in the land records of the Clerk’s Office in Plat Book 26, page 105; and

Lots 1 through 14, inclusive, in Block M, and Lots 1 through 4, inclusive, in Block N, as shown on the plat titled “WESTBOURNE Section – “C”, Brookland Dist., Henrico Co., Va.,” prepared by W. W. LaPrade & Bros., Civil Engineers, Richmond, Va., dated June 15, 1955, and recorded in the land records of the Clerk’s Office in Plat Book 26, page 83.

 

1961 Covenants

AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND EASEMENTS 

THIS AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND EASEMENTS (“Amendment”) is dated as of ________________, by and among the parties listed on the attached Exhibit A (the “Parties”), which exhibit is incorporated into and made a part of this Amendment.

RECITALS:

A.              Northborn, Inc., a Delaware corporation, made certain lots located in Henrico County, Virginia, subject to restrictive covenants, conditions and easements as set out in a document dated June 14, 1961, and recorded in the land records of the Clerk’s Office of the Circuit Court of Henrico County, Virginia (the “Clerk’s Office”), at Deed Book 1024, page 586 (the “Original Declaration”).  The total number of lots subject to the Original Declaration as set forth in the Original Declaration is twenty-eight (28).

B.              Section 6 of the Original Declaration provides in pertinent part that the Original Declaration may be amended in whole or in part by a recorded instrument signed by a majority of the then owners of the lots subject to the Original Declaration.

C.              The Parties: (i) are current owners of lots subject to the Original Declaration; (ii) are signatories to this Amendment, and (iii) constitute owners of more than a majority of the lots subject to the Original Declaration.

D.              The Parties desire to amend the Original Declaration to release the real property described on Exhibit B (the “Libbie Mill – Midtown Parcel”), which exhibit is incorporated into and made a part of this Amendment, from the restrictive covenants, conditions and easements set out in the Original Declaration.

AGREEMENT:

NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1.               The Recitals set forth above are hereby incorporated by reference as a part of this Amendment.

2.               The signatories to this Amendment represent owners of at least fifteen (15) lots subject to the Original Declaration (which is a majority of the current owners of lots subject to the Original Declaration) and therefore constitute the necessary signatories for amendment in accordance with the provision of Section 6 of the Original Declaration.

3.               The Parties hereby amend the Original Declaration to remove the Libbie Mill - Midtown Parcel from the restrictive covenants, conditions and easements set out in the Original Declaration, and the Libbie Mill - Midtown Parcel shall not be subject to the Original Declaration.

4.               Except as modified by the terms of this Amendment, all terms and conditions of the Original Declaration shall remain in full force and effect.

Exhibit A

Tax Parcel Nos. and Parties

(to include the parcel #, names, addresses and Block/Lot # of all participants)

Exhibit B 

Libbie Mill - Midtown Parcel

All that certain real property identified as Lots 3 and 4 in Block P, as shown on the plat titled “WESTBOURNE Section E Brookland District, Henrico County, Virginia,” prepared by LaPrade Bros., Civil Engineers & Surveyors, Richmond, Va., dated November 4, 1060, and recorded on April 19, 1961, in the land records of the Clerk’s Office in Plat Book 31, pages 52 and 53.