Note: The following text is a reproduction of a document and may not be relied upon for any purpose. It is provided for reference only.
Note: These Declarations and the Schedule A attachment from 1987 are referenced by and incorporated into the 2012 reincorporation of the Association.
This Declaration and impositions of Covenants, Conditions and Restrictions, made this 10th day of September, 1987, by G & A Partnership, a Virginia General Partnership, Party of the First Part; Sovran Bank, N.A., Holder of Note(s) secured by Credit Line Deed of Trust recorded among the Land Records of Arlington County, Virginia, in Deep Book 2147, at page 1030, as supplemented by Supplemental Deep of Trust recorded in Deed Book 2243, at page 1254; and the Holder of Note(s) secured by Letter of Credit Deed of Trust recorded among the Land Records of Arlington County, Virginia, in Deep Book 2265, at page 694, as corrected and re-recorded in Deed Book 2278 at page 986, Party of the Second Part; Dennis M. Griffith and Kendal E. Carson, Trustees, under the Credit Line Deed of Trust recorded among the Land Records of Arlington County, Virginia, in Deed Book 2147, at page 1030, as supplemented by Supplemental Deed of Trust recorded in Deed Book 2243, at page 1254; and Trustees under the Letter of Credit Deed of Trust recorded among the Land Records of Arlington County, Virginia, in Deed Book 2265, at page 694,as corrected and re-recorded in Deed Book 2278, at page 986, Parties of the Third Part.
Witnesseth That:
Whereas, the Part of the First Part is the sole owner and proprietor of the property known as Lots 3-B, 3-C and 3-D, and Parcel "A", as shown on a plat entitled "Resubdivision of part of Lot 3, Benjamin Perry Estate", attached to a Deed of Dedication and Release recorded among the Land Records of Arlington County, Virginia, in Deed Book 2261, at page 409; and
Whereas, the Party of the First Part as the owner of the above described property is desirous of imposing certain restrictive covenants on Lots 3-B, 3-C, 3-D, and Parcel "A", Resubdivision of Part of Lot 3, Benjamin Perry Estate; and
Whereas, the property dedicated as Lots 3-B, 3-C and 3-D, and Parcel "A", Resubdivision of Part of Lot 3, Benjamin Perry Estate, and other property, was conveyed to Dennis M. Griffith and Kendal E Carson, Trustees, by Deed of Trust recorded among the Land Records of Arlington County, Virginia, in Deed Book 2147 at page 1030, as supplemented in Supplemental Deed of Trust recorded in Deed Book 2243, at page 1254, to secure an indebtedness therein more particularly described to Sovran Bank, N.A., the Party of the Second Part, and the said Part of the Second Part being agreeable to the placing of restrictive covenants on the said lots and Parcel "A", has approved and consented to the imposition of said restrictive covenants, and by its execution hereof authorizes and directs the said Parties of the Third Part, as its Trustees, to join in the execution of this Declaration and Imposition of Covenants, Conditions and Restrictions; and
Whereas, the property dedicated as Lots 3-B, 3-C and 3-D, Resubdivision of Part of Lot 3, Benjamin Perry Estate, was conveyed to Dennis M. Griffith and Kendal E. Carson, Trustees, by Deed of Trust recorded among the Land Records of Arlington County, Virginia, in Deed Book 2265, page 694, as corrected and re-recorded in Deed Book 2278, at page 986, to secure an indebtedness therein more particularly described to Sovran Bank N.A., the Part of the Second Part, and the said Party of the Second Part being agreeable to the placing of restrictive covenants on the said lots and Parcel "A", has approved and consented to the imposition of said restrictive covenants, and by its execution hereof authorizes and directs the said Parties of the Third Part, as its Trustees, to join in the execution of this Declaration and Impositions of Covenants, Conditions and Restrictions.
Now, therefore, the said Parties hereto do hereby impose on the said Lots 3-B, 3-C, 3-D and Parcel "A", as shown on plat entitled "Resubdivision of Part of Lot 3, Benjamin Perry Estate", attached to a Deed of Dedication and Release recorded in Deed Book 2261 at page 409, among the Land Records of Arlington County, Virginia, all of those certain covenants, conditions and restrictions more fully set out in Schedule "A" attached hereto and made part hereof, which covenants, conditions and restrictions shall be binding on said Lots and Parcel "A", and shall be construed as covenants running with the title to the said land.
In witness whereof, the parties hereto have caused this instrument to be executed by them, pursuant to due authority.
G & A Partnership, a Virginia General Partnership
By: Albrittain Brothers, Inc., a Virginia Corporation - General Partner
<signed>
James. S. Albrittain - President
Sovran Bank, N.A., Beneficiary and Holder of the Notes secured by Deed of Trust in Deed Book 2147, at page 1030, and Supplemental Deed of Trust in Deed Book 2243, page 1254, and Beneficiary and Holder of the Notes secured by Deed of Trust in Deed Book 2265 page 694, as corrected and re-recorded in Deed Book 2278 at page 986
By
<signed>
Assistant Vice President
<seal>
Dennis M. Griffith, Trustee under Deed of Trust recorded in Deed Book 2147, at page 1030, and Supplemental Deed of Trust in Deed Book 2243, page 1254, and Trustee under Deed of Trust in Deed Book 2265, page 694, as corrected and re-recorded in Deed Book 2278, at page 986
<signed>
<seal>
Kendal E. Carson, Trustee under Deed of Trust recorded in Deed Book 2147, at page 1030, and Supplemental Deed of Trust in Deed Book 2243, page 1254, and Trustee under Deed of Trust in Deed Book 2265, page 694, as corrected and re-recorded in Deed Book 2278, at page 986
<signed>
<seal>
State of Virginia At Large in County of ______________ To Wit:
The foregoing instrument was acknowledged before me this _____ day of September, 1987 by James S. Albrittain, President of Albrittain Brothers, Inc., a Virginia Corporation, General Partner, in the Virginia General Partnership known as G & A Partnership, as the act and deed of said Partnership.
My commission expires __________
<seal>
Notary Public ________________________________________
State of Virginia At Large in County of ______________ To Wit:
The foregoing instrument was acknowledged before me this _____ day of September, 1987 by Christopher J. Jordan, Assistant Vice President of Sovran Bank, N.A., as the act and deed of said Bank.
My commission expires __________
<seal>
Notary Public ________________________________________
State of Virginia At Large in County of ______________ To Wit:
The foregoing instrument was acknowledged before me this _____ day of September, 1987 by Dennis M. Griffith, Trustee, as his act and deed.
My commission expires __________
<seal>
Notary Public ________________________________________
State of Virginia At Large in County of ______________ To Wit:
The foregoing instrument was acknowledged before me this _____ day of September, 1987 by Kendal E. Carson, Trustee, as his act and deed.
My commission expires __________
<seal>
Notary Public ________________________________________