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SECOND AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
THOUSAND OAKS ESTATES SUBDIVISION SECTION 4
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This Second Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4, is made by 1488 LAND DEVELOPMENT, INC., the original “Declarant” and by not less than seventy-five percent (75%) of the votes cast by the Owners, as defined in the Declaration (defined later), of Thousand. Oaks Estates Subdivision
Section 4.
WITNESSETH:
WHEREAS, the original Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4 was recorded under Clerk’s File No. 2006-021357 of the Official Public Records of Real Property of Montgomery County (the “Declaration”) and a First Amendment to Declaration of Covenants, Conditions and Restrictions was recorded under Clerk’s File No. 2007-129655 of the Official Public Records of Real Property of Montgomery County; and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4 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 votes - cast by the Owners of Thousand Oaks Estates Subdivision Section 4; and
WHEREAS, it is the desire of the original Declarant and the required percentage of Owners of Thousand Oaks Estates Subdivision Section 4 to place as an amendment to the Declaration of Cevenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision
Section 4, certain changes to the restrictions, covenants, conditions, stipulations and reservations in order to require certain landscaping of Lakefront Lots, as defined in the Declaration.
NOW, THEREFORE, Declarant and the Board of Directors of Thousand Oaks Property Owners Association, Inc. hereby establish and impose upon the real property which constitutes Thousand Oaks Estates Subdivision Section 4 and hereby declare 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 4. The amendment to the Declaration of Covenants, Conditions, and Restrictions are as follows:
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Section 9, Subsection C., of Article TV is hereby eliminated in its entirety and in its place is substituted the following:
ARTICLE IV
Use Restrictions
Section 9.
Cc. Construction of improvements must be completed within nine (9) months from date of commencement of construction. Landscaping approved by the Architectural Control Committee must be completed within sixty (60) days after completion of construction.
. IL.
Section 27 is hereby added to Article IV and shall read as follows:
ARTICLE IV
Use Restrictions
Section 27.--Landscaping of Ski Lake Lots. In addition to the landscaping requirements of the Architectural Control Committee related to the construction, improvement or repair on block 1, lots 1 through 12, block 2, lots 1 through 26, and block 7, lots 14 through 25 of Thousand Oaks Estates Subdivision Section 4 (the “Ski Lake Lots”), each Ski Lake Lot Owner is required to sod, with grass acceptable to the Architectural Control Committee, that portion of such Ski Lake Lot on each side of each dwelling structure on the Ski Lake Lot for a distance of thirty (30) feet toward the side property line or to the edge of such Lot, whichever is less, sod the rear of each Ski Lake Lot to the water’s edge of the adjoining body of water, plant at least four (4) palm trees having a trunk height in excess of ten (10) feet on the rear portion of each Ski Lake Lot, located as approved by the Architectural Control Committee, and install, plant or landscape the rear of each dwelling on each Ski Lake Lot in a fashion equal, and in approximately the same monetary value, as the front of each dwelling on each such Ski Lake Lot. The completion of the landscaping described herein shall be completed within sixty (60) days following completion of the construction of the improvements on such Lot.
EXECUTED this day of , 2008.
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“DECLARANT”
1488 LAND DEVELOPMENT, INC.
mw AS
MICHAEL FITZMAURICE, President
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, JAC.
ACKNOWLEDGMENTS
THE STATE OF TEXAS, §
countivor montgMree §
This instrument was acknowledged before me on the at) day of M4 > 2008, by MICHAEL FITZMAURICE, President of 1488 LAND DEVELOPMENT, INC.
Sum anthas Kt wl
NOTARY PUBLIC, STATE OF TEXAS
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THE STATE OF TEXAS §
COUNTY OF _ §
This instrument was acknowledged before me on the day of
2008, by MICHAEL FITZMAURICE, Board Member of THOUSAND OAKS PROPERTY
OWNERS ASSOCIATION, INC.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF __ §
This instrument was acknowledged before me on the day of
2008, by THOMAS FLYNN, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF NEW HAMPSHIRE §
COUNTY OF _ 4E/knAP §
yp This instrument was acknowledged before me on the oa day of
2008, by WILLIAM FITZMAURICE, Board Member of THO SAND 0. PROPERTY
OWNERS ASSOCIATION, INC.
bc
NOTARY PUBLIC, STATE. CENEW — STATE GENE W a
HAMPSHIRE NOTARY PUBLIC
we NEW HAMPSHIRE a0
THE STATE OF TEXAS § SORES APPS RIT
COUNTY OF 8
This instrument was acknowledged before me on the day of
2008, by DARRIN RAWLS, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC. ~- -
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NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS 5
COUNTY OF :
This instrument was acknowled, ged before me on th A own by DOROTHY FITZMAURICE, Board Member of THO SAND
WNERS ASSOCIATION, INC. USAND
JAMIE AMANDA HUNT
Notary Public, State of Texas
My Commission Expires wyrenve v
Thousand Oaks\SocondAmendmentSection4.02.doc
PROPERTY
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KLCURDEAS MEMORANDUM:
At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon
of phate copy, discolored paper,
etc. All black-
outs, additions and changes were present at the
lyme tao lasitument was fi
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rikED FOR RECORD
2003HOV 19 PH 3: 15
led and recorded.
ZF STATE OF Tr . . : col EXAS 7 text. bar bt vies TY petONTGOMERY i corti COUNTY CLERK Fils Number Sequence on the aac ort waa, fled taran ya and wan cy Beseh eine ADED In
MONTGOMERY COUNTY TEXAS
the Offi Monigo holat lecords of ery County, Texas,” ! 88! Property at
NOV 1 9 2008
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5 Montgomery County, Texas