FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BENBROOK RANCH STATE OF TEXAS § § COUNTY OF WILLIAMSON § This First Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions, Benbrook Ranch (“First Amendment’) is made by CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership (the “Declarant”) and is as follows: RECITALS WHEREAS, Benbrook Properties, Ltd., a Texas limited partnership as the prior declarant executed and recorded that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions. Benbrook Ranch as Document No. 2004045112 of the Official Public Records of Williamson County, Texas (the “Original Declaration”); and WHEREAS, by that certain Assignment of Declarant’s Rights and Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions, dated June 1, 2004 and recorded as Document No. 2004047742 of the Official Public Records of Williamson County, Texas, the original declarant, Benbrook Properties, Ltd. assigned all of its rights as Declarant under the Original Declaration to Continental Homes of Texas, L.P.. a Texas limited partnership (herein the Declarant”); and WHEREAS, the Declarant pursuant to Section 9.03 of the Original Declaration may amend the Original Declaration acting alone; and WHEREAS, the Declarant wishes to amend the Original Declaration in order to delete the provisions of Article 12, and to further amend the Original Declaration to address concerns with dogs that have been declared as Dangerous Animals by an Animal Control Authority, or any political subdivision or governmental agency, and to provide that such animals be prohibited on the Proverty.
h dogs that have been declared as Dangerous Animals by an Animal Control Authority, or any political subdivision or governmental agency, and to provide that such animals be prohibited on the Proverty.
NOW, THEREFORE, PREMISES CONSIDERED, the Original Declaration is hereby amended as follows: 1. Article 12 of the Original Declaration is hereby deleted in its entirety.
2. Section 2.08 of the Original Declaration is hereby amended in its entirety to read as follows: “2.08. Animals - Household Pets. No animals, including pigs, hogs, swine.
poultry, fowl, wild animals, horses, catile, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained or cared for on the Property.
Any dog which has been determined to be a “Dangerous Dog” by an Animal Control Authority or any political subdivision or governmental agency, shall never be kept, maintained or cared for on the Property. No Owner may keep on such Owner's Lot more than four (4) cats and dogs, in the aggregate, not more than two (2) of which may be dogs. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the Property and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large and all animals shall be kept within the enclosed areas which must be clean, sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accardance with plans anproved hy the Architectural
closed areas which must be clean, sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accardance with plans anproved hy the Architectural Control Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property.”
3. In all other respects, the Original Declaration is hereby ratified and confirmed.
CONTINENTAL HOMES OF TEXAS, L.P.,a Texas limited partnership (“Declarant”) By: CHTEX of Texas, Inc., a Delaware corporation, i le General Partner By: Name: Bichard MajeR Title: Vi Lk President Bi THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on December (| , 2006, by WrOnarck WW maw of CHTEX of Texas, inc., a Delaware corporation, the General Partner of Continental Homes of Texas, L.P., a Texas limited partnership, on behalf of said corporation and limited partnership.
rat bt A a Btn [SEAL] Notary Public Signature suit, DARLENE M, MURPHY 2 Notary Public, State of Texas -2fos My Commission Expires | sears April 08, 2009 Gg Aa Ne S BS = = z s > Miers AFTER RECORDING RETURN TO: Bill Flickinger Willatt & Flickinger 2001 North Lamar Austin, Texas 78705 11/20/06 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006109500 12/18/2006 11:48 AM 2 SURRATT $24.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS