2012 Resolutions - Laserfiche WebLink

Home Browse Search

AMENDMENT TO DECLARATION OF RESTRICTIONS THIS AMENDMENT TO DECLARA nON OF RESTRICTIONS is made this _ day of , 2011 by and between the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF PORTSMOUTH, VIRGINIA, a political subdivision of the Commonwealth of Virginia, formerly Industrial Development Authority of the City of Portsmouth, Virginia (hereinafter referred to as the "EDA"), the CITY OF PORTSMOUTH, VIRGINIA, a Virginia municipal corporation (hereinafter referred to as the "City"), STERLING CREEK COMMONS LIMITED PARTNERSHIP, a Virginia limited partnership (hereinafter referred to as "Sterling Creek"), PROVINCE PLACE OF MARYVIEW, L.L.C., a Virginia limited liability company (hereinafter referred to as "Province Place"), NAVY FEDERAL CREDIT UNION, a federally chartered credit union (hereinafter referred to as "NFCU"), STERLING COVE CONDOMINIUM ASSOCIATION, a Virginia corporation (hereinafter referred to as the "Condominium"), RYAN SMITH and ALISA SMITH, husband and wife (hereinafter referred to as "Smith"), GARLAND DRIVE, LLC, a Virginia limited liability company (hereinafter referred to as "Garland"), and PAUL RECA (hereinafter referred to as "Reca"), all of whom shall be collectively referred to herein as "Declarants". RECITALS: R.I. EDA was the original declarant under the "Amended and Restated Declaration of Restrictions for Industrial Development Authority of the City of Portsmouth, Virginia" dated as of May 13, 1997, recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia in Deed Book 1196, Page 832 (hereinafter referred to as the "Declaration") in order to place certain limitations on the use of the property more particularly described therein (hereinafter referred to as the "Property") and to establish certain easements thereon. R.2. The Property has been conveyed to the City, Sterling Creek, Province Place, NFCU, owners of the Condominium, Smith, Garland and Reca, and said parties are now subject to the Declaration. R.3. The Declarants desire to amend the Declaration in order to terminate the prohibition of a particular use on one of the parcels comprising the Property. WITNESSETH: NOW, THEREFORE, Declarants hereby declare that the Declaration is hereby amended as follows: 1. Amendment of Section VI. Item 5 of the Declaration. Section VI, Item 5 of the Declaration is hereby deleted and amended in its entirety to read as follows: 5. Any noxious, toxic, caustic or corrosive fuel or gas, except to the extent to which such fuel or gas is used in connection with the operation of the retail sale of gasoline or other motor vehicle fuel in a facility containing pumps and 1