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2002-099960 152-10-1753 a
i TITLE COMPANY CF.
CLOSER
SECOND AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THOUSAND
OAKS ESTATES SUBDIVISION
SECTION 3
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This Second 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 original Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3 was previously amended under the terms and provisions of a First Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estate Subdivision Section 3 recorded under Clerk’s File No. 2002-021994 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 allow for special assessments to be imposed.
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:
ARTICLE VII
Assessments
Section 7. Special Assessments. Section 7 is hereby added and shall read as follows: In addition to the annual maintenance charge described and authorized herein, the Association may levy special assessments at any time during each fiscal year for purposes of defraying, in whole or in part, the cost of any construction, reconstruction or unexpected repair or replacement of a particular capital improvement located upon the Property, including the necessary fixtures and personal property related thereto, and for any other purposes deemed necessary by the
J
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Association. So long as the total amount of special assessments allocable to each Lot does not exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00) in any one fiscal year, the Association may impose the special assessment without vote or approval of any Owner. Any special assessment which would cause the amount of special assessments allocable to any Lot to exceed this limitation shall be effective only upon the favorable vote of two-thirds (2/3) of the membership votes entitled to be cast by each membership class at a meeting of the Members or othcrwisc. Enforcement regarding the payment of such special assessments shall be in the same manner as provided in Section 2 immediately above. Special Assessments shall be paid as determined by the Association and the Association may permit special asscssments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed.
EXECUTED this_(ot* day of Se plernbart , 2002.
“DECLARANT”
1488 LAND DEVELOPMENT, INC.
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
ROTHY MURICE, Board Member
BY: L. DON KNIGHY, Rdard Member
wld SaAe
SE J. FARLE } Board Member
ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF “er NQOMIU | This instrument was acknowledged before me on the { gts day of Swplemiav_. 2002, by MICHAEL FITZMAURICE, President of 1488 LAND DEVELOPMENT, INC.
Ren K MK apo
NOTARY PUBLIC, STATE OF TEXAS
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Bsa annsson
THE STATE OF TEXAS § PEQAQ 2 MY COMMISSION EXPIRES
§ cae August 20, 2005
i COUNTY OF WHOMOD MAN, —§ a
This instrument was acknowledged before me on the ats day of QO mou , 2002, by MICHAEL FITZMAURICE, Board Member of THOUSAND OAKS PROPERTY
OWNERS ASSOCIATION, INC. .
nen K Adana,
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF sexas}Puollares §
awledged before me oh the lo day of Qolon Wz
OE HERS
Tite STATE S peRGEL0e lye §
COUNTY OF BROW AL §
This instrument was acknowledged before me on the | ___ day of-
2002, by DOROTHY FITZMAURICE, Board Member of “THOUSAND OAKS PROPERTY
OWNERS ASSOCIATION, INC.
| r . Y 9 Fe NEST ONCE AADA DADAM Bae ) aaa 2005 NOTARY(PUBLIC, STATE OE-FEXAS FL Ge jon
THE STATE OF TEXAS
COUNTY OF HALAL. Ss § This instrument was acknowledged before me on the Lit, day of Deplembees_. 2002, by L. DON KNIGHT, Board Member of THOUSAND OAKS PROBERTY OWNERS
MY COMMISSION EXPIRES sp3teler_ November 28, 2002 NW wa =
(OTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS
couNTY OF HRS
This instrument was acknowledged before me on ine(RH day of i 2002, by B. J. FARLEY, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
ppt tt tttLtLLSLSLSASLSLR, “Betis hearbar
\ MARLENE SCANLIN (OTARY PUBLIC, STATE OF TEXAS
NOTARY PUBLIC, STATE OF 1EXAS
MY COMMISSION EXPIRES:
FEB. 11, 2005 3
Ong Khe
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FILEL FoR HECORG
COUNTY CLERK
MONTQOUZR. SOUNTY, TEXAS
STATE OF TEXAS Overy was filed in COUNTY OF MONTGO! instrument OF oro cary his numer the time
‘Sequence Ri q ar ea er me aerds ‘ol Moai Property a the Official Coon Tava Montgomery
SEP 2 4 2002
Clerk venom County, Texas
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be Imadequate for the best PhotograPhic reprodution because of ilegibility, carbon or photo cupy, discolored Paper, etc. All black-Outs, additions and changes were Present at the time the instument was filed and recorded,