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. AMERICAN TITLE COMPARY
2002-021994 or Courtesy (WS.
cosen #247 “lodl0 Co"
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THOUSAND
OAKS ESTATES SUBDIVISION
SECTION 3
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This First Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3, is made by 1488 LAND DEVELOPMENT, INC., the original “Declarant” and by not less than seventy-five percent (75%) of the votes cast by members of the Thousand Oaks Property Owners Association, Inc.
WITNESSETH:
WHEREAS, the original Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3 was recorded under Clerk’s File No. 2002-014602; and
WHEREAS the plat of Thousand Oaks Estates Subdivision Section 3 was recorded under Clerk's File No. 2002-013990 and as shown in Cabinet R, Sheets 96 to 98 of the Official Public Records of Real Property of Montgomery County, Texas; and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3 may be amended by duly recording an instrument executed and acknowledged as approved by the Board of Directors of the Thousand Oaks Property Owners Association, Inc. and supported by not less than seventy-five percent (75%) of the Owners; and
WHEREAS, it is the desire of the original Declarant and the required percentage of Owners to place as an amendment to the Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3, to make certain changes to the restrictions, covenants, conditions, stipulations and reservations in order to establish a more uniform and updated plan for development, which will inure to the benefit of both the present and future owners of the property within Thousand Oaks Estates Subdivision Section 3.
NOW, THEREFORE, Declarant and the Board of Directors of Thousand Oaks Property Owners Association, Inc. hereby establishes and imposes upon the real property which constitutes Thousand Oaks Estates Subdivision Section 3 and hereby declares the following reservations, easements, restrictions, covenants and conditions applicable thereto, all the same of which shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest therein, or any part thereof, and shall inure to the benefit of all successors and assigns of all or any part of the property which constitutes Thousand Oaks Estates Subdivision Section 3. The amendments to the Declaration of Covenants, Conditions and Restrictions are as follows:
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ARTICLE IV
Use Restrictions
Section 11. Section 11 is hereby eliminated in its entirety and in its place is substituted the following:
Section 11. Any tract, as platted in this Section, may be resubdivided or consolidated with another tract or fraction thereof with the prior written approval of the Declarant or the Committee and in the event that any Owner owns more than one tract, those tracts may be resubdivided or consolidated into a single tract with the prior written consent of the Declarant or the Committee so long as no tract resulting from the resubdivision or consolidation of one or more tracts is less than one (1) acre in size. The Developer, its successors or assigns, may replat tracts for better utilization and function and may also replat any access road or entry way into the Project without the consent of the Owners or any other party. However, any such replat will be subject to approval by all governmental authorities having jurisdiction, and all purchasers of tracts herein hereby waive the right or necessity of approval.
No residential tract as herein platted, replatted, or consolidated will be utilized for more than one primary single family residence and one single family guest or servants house.
For purposes of this Section of this Project, single family residence means one detached, site-built residential house designed to be occupied by one family only.
Section 20. Section 20 is hereby eliminated in its entirety and in its place is substituted the following:
Section 20. Developer's Rights and Reservations. Developer shall have, retain and reserve the right to construct additional improvements in common areas, use common areas in promotion and marketing of the property and any annexable area, grant, create and utilize easements, whether temporary or permanent, for access, utilities, pipelines, drainage, water, and sanitary sewer. Such easements shall be located within the Project over and across roadways, Lots, other easements in common areas at the Developer's sole discretion. Developer further reserves the right of annexation of additional residential property and common areas outside of the Project and the right to replat roadways and entry to the Project for the improvement to same without the consent of the Owners or any other party except governmental entities.
ARTICLE X
General Provisions
Section 7 is hereby added and shail read as follows:
Section 7. Until such time as ownership in more than twenty-five percent (25%) of the Lots is transferred by the Declarant to Owners, the Declarant may revoke, cancel,
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abandon, or revise any plat or other instrument which might be deemed, either express or impliedly, to impose any covenants, conditions, or restrictions upon the Project or take whatsoever steps it deems necessary or desirable for development of the Project. This shall include, but not be limited to, the right to replat roadways and entryways to the Project.
EXECUTED this (Lf day of PAU , 2002.
“DECLARANT”
1488 LAND DEVELOPMENT, INC.
BY:
MICHAEL FIFZMAURICE, President
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
‘L. DON KNIGHT] Bdgrd Member
DD) SF abo,
BY: B.J. FARLEY, Board Member VA
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ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF fra wr This instrument was acknowledged before me on the
2 aay of Hog 2002, by MICHAEL, FITZMAURICE, President of 1488 LAND DEVELOPMENT, I .
PQojhs—
NOTARY PUBLIC, STATE OF TEXAS
L.DON KNIGHT
THE STATE OF TEXAS § MY COMMISSION EXPIRES
§ August 14, 2005 COUNTY OF _ Yannis § This instrument was acknowledged before me on the ar day of Bh > 2002, by MICHAEL FITZMAURICE, Board Member of THOUSAND OAKS ERTY
OWNERS ASSOCIATION, INC.
COUNTY OF Berreds\\ 0 §
This instrument was acknowledged before me on the 2 Z day of & fattest : 2002, by SHERRY E-VEITZMAURICE, Board Member of THOUSAND OAKS PROPERTY
OWNERS ASSOCIATION, INC.
. cones PrRSIAL “a NDERSON C, o 80 Sk KAREN HENDE cs Be ; ee must STATE OF NEW MEXICO thio cr) > te nda"
SEED crvesmmenes KEP OAD NOTARY PUBLIC, STATE OF FEXAS- Nad Mexico
THE STATE OF FEXAS FLORIDA
COUNTY OF PROWARD
This instrument was acknowledged before me on the OB iy of tubo ’
RODERTY
2002, by DOROTHY FITZMAURICE, Board Member of THOUSAND OAKS P
OWNERS ASSOCIATION, INC.
NOTARY PUBLIC, STATE OF-FEXAS
? 4 MY COMMISSION #CC 991930
We EXPIRES: January 7, 2005
pea, EXPIRES. Jary 7, 2005 RECARAEK-S MEMuRANDUM At the tine of recordation, this instrument was found to be inadequate for the best Photugra " phic reprodution because of legibrlity carbo or photo copy, discolored paper, etc, All bla i
4 outs, additions and changes were present at the
time the instument was filed and recaeded
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THE STATE OF TEXAS
COUNTY OF Dana §
This instrument was acknowledged before me on the [s# day of aH “heh , 2002, by L. DON KNIGHT, Board Member of THOUSAND OAKS PROPERTY OWNERS
: GER) MARLENE SCANLIN
N oR) NOTARY PUBLIC, STATE OF TEXAS Nc eB JAU/e) My commission expires 3 NOTARY PUBLIC, STATE OF TEXAS
ory FEB. 11,2005
Benne rrr
THE STATE OF A
COUNTY OF Arvrite §
This instrument was acknowledged before me on the Ls (St day of Dueks , 2002, by B. J. FARLEY, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
MARLENE SCANLIN § NOTARY PUBLIC, STATE OF TEXAS
NOTARY PUBLIC,
STATI
\ MY COMMISSION ExeInES Ny FEB. 11, 2005 Pte, STATE OF Texas COUNTY oF MONTGOMERY File Number eect Certify this 'nstrument wag serene Sy ip a ad Montgomery Gann, Sec%8 of Fleal Property £4 ooo ON on EQR BEY MAR ~ 5 2092 wil ¥ 2 tS, byt aS 02 2007 WAR - Take bihe ll i Gaouny Clea 7 oo lontgom f vise Fatt ous minor Coun Tors yin? yoxteo¥t cour