ASSIGNMENT OF POWERS AND EXTENSION OF COVENANTS
FOR SHIPLEY'S CHOICE (HOA)
EXPLANATORY STATEMENT: On or about January L2, 1984 the Amendment and Restatemet of Declaration of Covenants, Conditions and Restrictions (for Shipley's Choice) was recorded among the Land Records of Anne Arundel County in Book 3684, pages 49 et seq. and from time to time thereafter amended. Article V, Section 3 of that recorded document provides in pertinent part that the covenants contained herein are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1998, and may be extended for a longer periods in the matter hereinafter set forth. On and after January l, 1998, the powers and duties of the Declarant shall cease. But said covenants may thereafter be enforced by the appointed representative or representatives if prior to said date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded, appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by Declarant. The Owners of Lots within Shipley's Choice, by an instrument recorded herewith, which has been executed, sealed and acknowledged by or on behalf of a majority of the lot owners, hereby evidence their appointment of the Shipley's Choice Homeowner's Association, Inc., its successors and assigns to as the designated representative to stand in the place and stead of the Declarant and their desire to extend the covenants for a successive period of ten years unless a majority of lot owners by the same procedure contained in Article V, Section 3 of the said Declaration vote to terminate said covenants or to amend and extend Said covenants before the expiration of the period.
NOW THEREFORE, the Owners of Lots within Shipley's Choice, by an instrument recorded herewith, which has been executed, sealed and acknowledged by or on behalf of a majority of the lot owners, hereby evidence their appointment of the Shipley's Choice Homeowner's Association, IDC. its successors and assigns as the designated representative to stand in the place and stead of the Declarant as provided in said Declaration (as amended from time to time) and further evidence their desire to extend the covenants for successive periods of ten years each unless a majority of lot owners by the same procedure contained in Article V, Section 3 of said Declaration vote to terminate said covenants or to amend said covenants before the expiration of the period.
AS WITNESS the acknowledged signatures and seals of the following Owners of Lots within Shipley's Cboice:
ASSIGNMENT OF RIGHTS AND POWERS UNDER DECLARATION
THIS ASSIGNMENT OF RIGHTS AND POWERS UNDER DECLARATION is made this 9 day of February, 1998, by C. STEPHEN LEWIS, DOUGLAS T. NOAKES, and PETER G. BYRNES, Original Trustees and Declarant, hereinafter collectively referred to as “Original Trustees and by L. DALE SOWELL, DAVID R. GRAHAM and PETER G. BYRNES, Current Successor Trustees, hereinafter collectively referred to as "Current Trustees”, and SHIPLEY'S CHOICE HOMEOWNER'S ASSOCIATION, INC., a Maryland non-stock corporation, hereinafter referred to as the "Association".
EXPLANATORY STATEMENT
Pursuant to an Indenture Deed dated on or about June 28, 1982, and recorded among the Land Records of Anne Arundel County in Book 3555, pages 50, et seq. C. Stephen Lewis, Douglas T. Noakes and Peter G. Byrnes, Trustees (hereafter collectively referred to as the "Original Trustees”), became the record title owner of certain property located in Anne Arundel County, Maryland, now known as Shipley's Choice 'Section 2, Plat 6", 'Section 3, Plats 1 and 2", "Section 4, Plats 1 and 2", "Section 5, Plats L,2 and,3", 'Section 6, Plats 1 and 2", "Section 8, Plats 1 and 2", "Section 9, Plats 1 and 2", section 10, Phase 1, Plats 1,2 and 3', "Section 10, Phase 2, Plats l and 2,and 'Section 11, Plat 2", (hereinafter collectively referred to as "&e Properties"), at Belfield Boulevard, Anne Arundel County, Maryland, among other parcels as conveyed to them by deed dated May 29, 1980, and recorded among the Land Records of Anne Arundel County in Book 3374,pages 882 et seq.
The Original Trustees executed an Amendment and Restatement of Declaration of Covenants, Condition’s and Restrictions ("the Declaration') dated November 29, 1983, and caused the same to be recorded among the Land Records of Anne Arundel Country in Book 3684, pages 49 et seq., for the purpose of creating and maintaining a general scheme of development by imposing certain covenants and restrictions on the Properties, along with certain other land in Shipley's Choice. Such Declaration declared that all of the property located in Anne Arundel County, Maryland, known as Section 2, Plat 6; Section 3, Plats 1 and 2; Section 4, Plats 1 and 2; and Section 8, Plats 1 and 2 of the Shipley's Choice Subdivision shall be held, sold and conveyed subject to said Declaration.
The Original Trustees executed a Declaration of Annexation (“First Annexation") dated March 1,1984, and caused the same to be recorded among the Land Records of Anne Arundel County in Book 3714, pages 352 et seq., for the purpose of imposing the covenants and restrictions of the Declaration upon Section 9, Plats 1 and 2 of Shipley's Choice Subdivision.
The Original Trustees executed a Declaration of Annexation ("Second Annexation") dated August 6, 1984, and caused the same to be recorded among the land Records of Anne Arundel County in Book 3823, pages 621 et seq. for the purpose of imposing the covenants and restrictions of the Declaration upon Section 10, Phase 1, Plats 1., 2 and 3 of Shipley’s Choice Subdivision.
Pursuant to the Indenture Deed dated on or about June 28, 1982, and recorded among the Land Records of Anne Arundel County in Book 3555, pages 50 et seq., any two
(2) of the three (3) Original Trustees (or the successors in trustee) shall have the full right, authority and power, to grant, encumber, convey, lease, mortgage or otherwise dispose of the Properties, and any part or portion thereof.
The Original Trustees transferred their interest in said Properties and other parcels to William A. Clayborne, Douglas T. Noakes and Peter G. Byrnes (hereinafter referred to as "Successor Trustees") via indenture deed dated December 11, 1985 and recorded among the Land Records of Anne Arundel County in Book 4003, pages 555 et seq.
Douglas T. Noakes and Peter G. Byrnes, Successor Trustees, executed a Declaration of Annexation ('Third Annexation") dated March 6, 1986, and caused the same to be recorded among the Land Records of Anne Arundel County in Book 4037, pages 863 et seq., for the purpose of imposing the covenants and restrictions of the Declaration upon Section 10 Phase 2, Plats 1 and 2 and Section 11, Plat 2 of Shipley’s Choice Subdivision.
Douglas T. Noakes and Peter G. Byrnes, Successor Trustees, executed a Declaration of Annexation ("Fourth Annexation") dated February 4, 1987, and caused the same to be recorded among the Land Records of Anne Arundel County in Book 4379, pages 173 et seq. for the purpose of imposing the covenants and restrictions of the Declaration upon Section 5, Plats 1, 2 and 3 of Shipley's Choice Subdivision.
The Successor Trustees transferred their interest in said Properties and other parcels to L. DaIe Sowell, Douglas T. Noakes and Peter G. Bynes (hereinafter referred to as "Current Successor Trustees") via indenture deed dated June 5, 1989 and recorded among the Land Records of Anne Arundel County in Book 4864, pages 472 et seq.
Douglas T. Noakes and Peter G. Byrnes, Current Successor Trustees, executed a Declaration of Annexation (“Fifth Annexation”) dated February 22, 1990, and caused the same to be recorded among the Land Records of Anne Arundel County in Book 5034 pages 505 et seq., for the purpose of imposing the covenants and restrictions of the Declaration upon Section 6, Plats 1 and 2 of Shipley’s Choice Subdivision.
Douglas T. Noakes was removed as a Trustee pursuant to a Notice and Designation of Substitute or Successor Trustee by Weyerhaueser Real Estate Company, the principal, dated April 1, 1991, and David R. Graham was also thereby designated as successor or substitute Trustee in the place of Douglas T. Noakes.
The Declaration provides that the Trustees as Declarant may assign or transfer to any one or more corporations or associations agreeing to accept the same, any and all of the rights and powers (including discretionary powers and rights) reserved by or conferred upon the Trustees as Declarant and that any such assignment or transfer shall be evidenced by an appropriate instrument recorded among the Land Records of Anne Arundel County, and upon recordation thereof, the grantee(s) of such rights and powers shall thereupon and thereafter have the right and exercise and perform all of the rights and powers reserved by or conferred upon the Original Trustees by the Declaration.
The Original Trustees and Current Successor Trustees as Declarant pursuant to the power granted in the Declaration desire to assign to the Association any and all of the Trustees’ rights and powers as Declarant (including discretionary powers and rights) under the Declaration to enforce the provisions of the Declaration upon the Properties, and the Association desires to accept such assignment
NOW THEREFORE, in consideration of the premises and other good and valuable considerations, the adequacy and receipt of which are hereby acknowledged, the Original Trustees and the Current Successor Trustees as Declarant do hereby assign to the Association, and the Association hereby accepts such assignment of all of the Original Trustees and Current. Successor Trustees' rights and powers (including discretionary rights and powers) reserved by, or conferred upon the Original Trustees and Current Successor Trustees by the Declaration and any relevant subsequent recordings with regard to the authority to enforce the provisions of the Declaration upon the Properties. The Original Trustees and Current Successor Trustees shall not be held to any personal liability in connection with this instrument.
The Association may further assign the powers hereby assigned to a subcommittee or committees of the Association, as the Association deems appropriate.
WTINESS the hands and seals of the Original Trustees and the Current Successor Trustees as of the day and year first above written.
C. Stephen Lewis, Original Trustee and Declarant
Douglas T. Noakes, Original Trustee and Declarant
Peter G. Byrnes, C. Stephen Lewis, Original Trustee, Declarant and Current Successor Trustee
L. Dale Sowell, Current Successor Trustee
David R. Graham, Current Successor Trustee
STATE OF Maryland, COUNTY OF Howard, to wit:
I hereby certify that on this 4th day of January, 1993, before me the subscriber, a Notary Public of the State and County aforesaid, personally appeared PETER G. BYRNES, Original Trustee, Declarant and Current Successor Trustee, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and he did acknowledge the foregoing to be his act and deed.
Notary Public
STATE OF Maryland, COUNTY OF Howard, to wit:
I hereby certify that on this 4th day of January, 1993, before me the subscriber, a Notary Public of the State and County aforesaid, personally appeared L. DALE SOWELL, Original Trustee, Declarant and Current Successor Trustee, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and he did acknowledge the foregoing to be his act and deed.
Notary Public
STATE OF Maryland, COUNTY OF Howard, to wit:
I hereby certify that on this 4th day of January, 1993, before me the subscriber, a Notary Public of the State and County aforesaid, personally appeared DAVID R. GRAHAM, Original Trustee, Declarant and Current Successor Trustee, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and he did acknowledge the foregoing to be his act and deed.
Notary Public
STATE OF Washington, COUNTY OF King, to wit:
I hereby certify that on this 7th day of January, 1993, before me the subscriber, a Notary Public of the State and County aforesaid, personally appeared C. STEPHEN LEWIS, Original Trustee, Declarant and Current Successor Trustee, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and he did acknowledge the foregoing to be his act and deed.
Notary Public
STATE OF New Jersey, COUNTY OF Narimath, to wit:
I hereby certify that on this 4th day of January, 1993, before me the subscriber, a Notary Public of the State and County aforesaid, personally appeared DOUGLAS T. NOAKES, Original Trustee, Declarant and Current Successor Trustee, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and he did acknowledge the foregoing to be his act and deed.
Notary Public