Document

080149 RECEIVED NOV 05 1996 FIRST AMENDMENT TO SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS STEEPLECHASE AT BRIDLEWOOD THE STATE OF TEXAS COUNTY OF DENTON § cos cos cas RETURN TO: Town of Flower Mound Community Development Dep 2121 Cross Timbers Road Flower Mound, TX 75028 KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Bridlewood, Ltd., a Texas limited partnership (the "Declarant"), is the owner of that certain residential subdivision known as Steeplechase at Bridlewood located in the Town of Flower Mound, Denton County, Texas, described in Exhibit "A" hereto and incorporated herein by this reference, and such additions thereto as may hereafter be brought within the jurisdiction hereof (the "Property"); and WHEREAS, the Declarant has subjected the Property to that certain Supplemental Declaration of Covenants, Conditions and Restrictions for Steeplechase, Bridlewood, recorded as Document Number 96-R0028178 in the Real Property Records of Denton County, Texas (the "Supplemental Declaration"); and WHEREAS, the Declarant intends to convey individual Lots (hereinafter defined), out of the Property, subject to the Master Declaration (hereinafter defined) and further subject to certain protective covenants, conditions, restrictions, liens and charges (collectively, the "Supplemental Covenants") as set forth in this Supplemental Declaration of Covenants, Conditions and Restrictions, Steeplechase at Bridlewood (the "Supplemental Declaration"), each and all of which is and are for the benefit of Declarant, the Property and each Owner (hereinafter defined); and WHEREAS, the Declarant desires to modify the Supplemental Declaration by means of this First Amendment to Supplemental Declaration of Covenants, Conditions, and Restrictions

(hereinafter defined); and WHEREAS, the Declarant desires to modify the Supplemental Declaration by means of this First Amendment to Supplemental Declaration of Covenants, Conditions, and Restrictions Steeplechase at Bridlewood (the "First Amendment").

NOW, THEREFORE, it is hereby declared that the Supplemental Declaration is modified and amended by the following amendments, all of which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Property and shall be binding on all parties having any right, title or interest in or to the Property or any part thereof, and their heirs, successors and assigns, and which together with the Supplemental Declaration, shall inure to the benefit of the Declarant and each Owner of any portion of the Property.

ARTICLE I: AMENDMENTS 1. All references to the Master Declaration in the Supplemental Declaration or in this First Amendment shall hereafter be deemed to refer to the Amended and Restated Master Declaration of Covenants, Conditions, and Restrictions for Bridlewood filed for record as Document Number in the Real Property Records of Denton County, Texas.

2.

Section 2.3 of the Supplemental Declaration is hereby deleted and replaced in its entirety by the following: "2.3 PROPERTY MAINTENANCE. During construction the site shall be kept clean and free of trash or debris. No brush or tree limbs shall be pushed onto adjacent Lots. A trash container shall be placed on each Residence construction site to handle lightweight materials, packaging, and other debris which might blow onto other Lots or Common Areas. Builders shall cause each Residence site under construction to be cleared of trash on a regular basis, not less than weekly. Builders violating these requirements

blow onto other Lots or Common Areas. Builders shall cause each Residence site under construction to be cleared of trash on a regular basis, not less than weekly. Builders violating these requirements may be subject to fees or fines established and enforced by the Association."

3.

Section 2.8 of the Supplemental Declaration is hereby deleted and replaced in its entirety by the following: "2.8 ANTENNAE. All antennae (including radio or television transmitting or receiving) shall be installed so that no antennae are visible from the street. All satellite dish antennae larger than one meter in diameter must be approved by the Committee as to style, size and location on Lot. All satellite dish antennae, regardless of size, shall be painted and screened as required by the guidelines established by the Committee, and shall be located so as to minimize visual intrusion onto adjoining Lots, Common Areas or public streets."

4.

Section 2.12 of the Supplemental Declaration is hereby deleted and replaced in its entirety by the following: "2.12 FENCES. Any fencing abutting any golf course property or clubhouse area shall be wrought iron and shall be designed in compliance with Exhibit "B" attached hereto and incorporated herein, and shall extend along the entirety of the width of the back yard and shall continue along both sides of the Lot towards the front of the Lot for a distance of not less than 20 feet. All other fencing shall be designed, constructed and installed in compliance with the criteria set forth on Exhibit "C" attached hereto and incorporated herein. All proposed fencing shall be drawn on the site plan and submitted, in duplicate, to the Committee, and shall be subject to the review and approval of the

"C" attached hereto and incorporated herein. All proposed fencing shall be drawn on the site plan and submitted, in duplicate, to the Committee, and shall be subject to the review and approval of the Committee with respect to materials, location, height, and style. No fence may be taller than six (6) feet in height at any point. No fence shall be permitted in the front of any Residence, except as the Committee may approve in writing. No golf nets or similar barriers shall be installed, placed, or located on any Lot."

-25.

Section 2.14 of the Supplemental Declaration is hereby deleted and replaced in its entirety by the following: "2.14 MAILBOXES. All mailboxes shall be of the style approved for use by the Committee, as shown on Exhibit "D" attached hereto and incorporated herein."

6. The second sentence of Section 3.1 amended by deleting the phrase "for a maximum of two (2) additional terms," so that this sentence now reads in its entirety as follows: "Each member of the Committee shall serve a term of three (3) years and may be reappointed."

7.

Section 3.2 of the Supplemental Declaration is hereby deleted and replaced its entirety by the following: "3.2 DESIGN REQUIREMENTS. No building, fence, wall, or other structure or improvement, including, without limitation, swimming pools or spas and related facilities, shall be commenced, erected, or maintained within Steeplechase, nor shall any exterior addition to, or change or alteration therein, be made until the plans showing nature, kind, shape, height, materials and location of the same shall have been submitted to, and approved in writing by the Committee as to harmony of external design and location in relation to surrounding structures and topography."

8.

following:

on of the same shall have been submitted to, and approved in writing by the Committee as to harmony of external design and location in relation to surrounding structures and topography."

8.

following: Article III of the Supplemental Declaration is hereby modified by addition of the "3.4 DESIGN AND SUBMISSION GUIDELINES. The Committee may, from time to time, publish and promulgate design guidelines and submission guidelines. Such design guidelines shall be explanatory and illustrative of the general intent of the development of the Property and are intended as a guide to assist the Committee in reviewing plats or plans and specifications. In any event, such design guidelines shall not be binding upon the Committee and shall not constitute, in every event, the basis for approval or disapproval of plats, plans, specifications and other materials submitted to the Committee for approval. The submission guidelines shall specify such matters as the scale of drawings submitted to the Committee and the information that shall be included in the plans and specifications submitted to the Committee for approval.

3.5 VARIANCES. Upon submission of a written request for same, the Committee may, from time to time, in its sole discretion, permit Owners to construct, erect, or install improvements which are in variance from the covenants and restrictions or architectural standards which are provided in this Supplemental Declaration or the Master Declaration or which may be promulgated in the future. In any case, however, such variances shall be in basic conformity with and shall blend effectively with the -3general architectural style and design of the community. Written requests for variances shall be deemed to be disapproved if the Committee has not, expressly and in writing,

d effectively with the -3general architectural style and design of the community. Written requests for variances shall be deemed to be disapproved if the Committee has not, expressly and in writing, approved such request within thirty (30) days of the submission of such request. No member of the Committee shall be liable to any Owner for any claims, causes of action, or damages arising out of the grant of any variance to an Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a variance to any Owner shall not constitute a waiver of the Committee's right to strictly enforce the covenants, restrictions and architectural standards provided hereunder, against any other Owner.

3.6 NONCONFORMING AND UNAPPROVED IMPROVEMENTS. The Committee may require any Owner to restore such Owner's improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unapproved improvement) if such improvements were commenced or constructed in violation of this Supplemental Declaration or the Master Declaration. In addition, the Committee may, after written notice to an Owner and a thirty (30) day cure period, but has no obligation to do so, carry out such restoration, demolition and removal and recover the amount of the cost thereof from the Owner of the Lot upon which such improvements were commenced or constructed.

3.7 NO LIABILITY. Neither Declarant, the Committee, nor employees, officers, directors and agents of any of them, shall be liable in damages to anyone submitting plats or plans and specifications to any of them for approval, or to any Owner of property affected by these restrictions by reason of mistake in judgment,

ll be liable in damages to anyone submitting plats or plans and specifications to any of them for approval, or to any Owner of property affected by these restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications.

Every person who submits plans or specifications, and every Owner of any of said property agrees that he will not bring any action or suit against Declarant, the Committee, or officers, directors, employees and agents of any of them, to recover any such damages and hereby releases, remises, and quitclaims all claims, demands and causes of action arising out of or in connection with any judgment, negligence or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands and causes of action not known at the time the release is given.

3.8 APPOINTMENT AND DESIGNATION. The Committee may from time to time, by the vote or written consent of a majority of its members, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qualified persons or subcommittees which shall have full authority to act on behalf of said Committee in all matters delegated."

9.

Section 6.3 of the Supplemental Declaration is hereby deleted and replaced in its entirety by the following: -4"6.3 DURATION AND AMENDMENT. The covenants, conditions and restrictions of this Supplemental Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by, the Declarant or the Owner of any Lot subject to this Supplemental Declaration, and their respective legal representatives, heirs,

nd the land, and shall inure to the benefit of and be enforceable by, the Declarant or the Owner of any Lot subject to this Supplemental Declaration, and their respective legal representatives, heirs, successors, and assigns and shall be effective for a term of twenty-five (25) years from the date this Supplemental Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of twenty-five (25) years. For so long as Declarant owns an interest in any Lot which is subject to this Supplemental Declaration, it shall have the authority to amend this Supplemental Declaration at its sole discretion, with the prior written consent of the Town. Additionally, this Supplemental Declaration may be amended or, after the expiration of the initial twenty-five (25) year term, terminated by an instrument signed by not less than eighty-seven percent (87%) of the Lot Owners in Steeplechase and with the prior written consent of the Town; provided, however, no such amendment affecting any rights, privileges, powers or options of Declarant shall be effective unless Declarant joins in the adoption and execution thereof.

No amendment of this Supplemental Declaration shall be effective until recorded in the records of Denton County, Texas, nor until the approval of any governmental regulatory body which is required shall have been obtained."

ARTICLE II: GENERAL 2.1 DEFINITIONS. Except as otherwise defined herein, all capitalized terms used in this Amendment shall have the meanings given to them in the Supplemental Declaration.

2.2 NO OTHER MODIFICATION. Except as hereinabove amended, all other terms and conditions of the Supplemental Declaration remain as written, and, except as otherwise

em in the Supplemental Declaration.

2.2 NO OTHER MODIFICATION. Except as hereinabove amended, all other terms and conditions of the Supplemental Declaration remain as written, and, except as otherwise expressly provided herein, the terms and provisions hereof shall in no manner impair, limit or restrict or otherwise affect the rights and obligations of Declarant, the Association, any Owner or any Sub-association under the Supplemental Declaration.

-5Executed by the said Declarant, this 181 day of November 1996.

THE STATE OF TEXAS § COUNTY OF Denton & § DECLARANT: BRIDLEWOOD, LTD., a Texas limited partnership By: WPT/BARLAS JOINT VENTURE, its authorized manager and representative By Mr. S Marc A. Footlik, authorized signatory 4100 W. Windsor Drive Flower Mound, Texas 75028 Before me the undersigned authority, on this day personally appeared MARC A.

FOOTLIK, authorized signatory of WPT/BARLAS JOINT VENTURE, the authorized manager and representative of BRIDLEWOOD, LTD., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act for the purpose and consideration therein expressed, and in the capacity therein stated.

1996.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this 181 day of Novembren Cham Notary Public in and for State of Texas My Commission Expires: DA962850305 102996 v7 395: 6170-3 -6SHEPRA CHRIMES MY COMMISSION EXPIRES April 7, 1999 CC MEMO: LEGIBILITY OF THIS DOCUMENT UNSATISFACTORY FOR MICROFILMING OR REPRODUCING EXHIBIT A STATE OF TEXAS COUNTY OF TEXAS WHEREAS BRAY EWOOD LTD. wing by and through the undersigned, is duly authorized sant, the somer of 47.361 sore tract of land located the Perry Midone Survey.

G EXHIBIT A STATE OF TEXAS COUNTY OF TEXAS WHEREAS BRAY EWOOD LTD. wing by and through the undersigned, is duly authorized sant, the somer of 47.361 sore tract of land located the Perry Midone Survey.

Abstract No. 8.16 and the Jesse Work Survey, Abstract No. 124 the Tem of Flover Mound Device County. Texas sccording to the dead recorded in Clerk File No. 94-40030-471 of the Deed Recore of Dennon County. Texas, and being more particularly desorbed at (olon COMMENCH VZ tree ph found the North Ine of Fore to Market Road 1171 FM 10% sad the being the Southeast corner of Cherrick Estates, home Freer Mond Deaton County, Texas, as recorded in Cab PR Deaton County. Youge. ENCE Referense bearing, dong the | the ager Southerly butheart porser to the right having a radia of length of $10,30 feet and the right and said Port of Tagency: THENCE N 1 748 [g] 18 V For het: THENCE dong sold propose 3°41.39 Bong sold wayne. 400 feet to a 1/2 Fon pn set, sad p also being the Point of the hare described tract THENCE NE dong said proposed East right-of-Ray line. 60.00 feet to V2ª Fe set dso being be the proposed North right-of-way the of proposed Georgetow Drive (60 RD.W.X THENCE $ 73°4149 E, departing said proposed East right-of-way the and spatinuing along said proposed Horth right-of-way ine. 14109 fest to a 2 ron ph set, sold pis de bong the Point of Curvature of & craig any to the left having a rodia of 47000 contra angle of 06 110. a chord length of 50.72 sel and a chord bearing of $ 76°47′21 & THENCE along said curve to the left and proposed North right-of-way ine. 50.75 feet lo a 1/2 iron pin set: I' THENCE IN 20*1756 E departing said proposed North right-of-way line, 136.87 feet to a 12" iron pin st THENCE N 25*142 E 375.07 feet to 12 ron pin ser

t-of-way ine. 50.75 feet lo a 1/2 iron pin set: I' THENCE IN 20*1756 E departing said proposed North right-of-way line, 136.87 feet to a 12" iron pin st THENCE N 25*142 E 375.07 feet to 12 ron pin ser THENCE N 28°007 E. 77.58 feet to a 12 Iron pin set: THENCE N 14°27'OT E 7210 feet to VT ton pin set: THENCE IN 09°2015 E 436.32 feet to THENCE N 09°4729 E 99.71 feet to VT tros pia set 12 on pin set: THENCE N 12*59023 E 435,15 feet to right-of-way, in of proposed nabor Drive 160 10.3.

Curvature of now longer angle of 10 15 55, 17 han på sot, the proposed South 1025.00 (cet 140 feet and a chord bearing of *39 15° conte THENCE along sold prve to the left and sad proposed South right-of-way the. 183.64 foot to 12 con pilot for the Fai THENCE N 89°473 Wong paid proposed South right-of-way. 277.39 17 b bet, paid phase being on the proposed Eart right-of-way in of proposed Bridesse THENCE N 00°2138" dong paid proposed pin set. said pin dhe being of the proposed Nor THENCE $894715”, E 1085.00 feet.

of $783507 E THENCE dong sold cure to the righ le ad of $357.50 Teet, contra eat for the Per bearing of $77°03′30° E the 00.00 100VZ km proposed Wader Drive 27779 feet to VT bes feet chand shard said proposed North Curvature of are chord length THENCE along sold gerve to the left and add proposed North right-of127 feet the right hav • 12 rose for the Pair of Reverse Crvature of a cro red of HV57afest, anal angle of 123148, chend leath of 31731 feet and ar bearing of $80°OF ỀN THENCE derve to the right and sold proposed North right of my be. 388.29 feet to 12 h phot THENCE 3 045832 departing said proposed North right of boy be 8121 feet to VZ fro pod p being on the proposed South right-al-soy be of proposed Under Drive.

th right of my be. 388.29 feet to 12 h phot THENCE 3 045832 departing said proposed North right of boy be 8121 feet to VZ fro pod p being on the proposed South right-al-soy be of proposed Under Drive.

the Pont of Corvature of Bowmangent arouler curve be the left having oder of 1357.67 feet, wird angle of of 455. & chord length of 2.81 feet and chord bearing of N 77°3'50" W THENCE along sald curve to the left and sold proposed South right-of-way the. 182.95 feet to 1/2 iron på t THENCE 135° W departing said proposed South right-of-way in. 716.22 feet to a V Iron pin set: THENCE $ 02*45 W. 8144 fest to a V2 THENCE S OP4157 F. 80.45 foot to a V2 ros pin set: tros på set: THENCE $ 06°072T E 80.44 feet to 1/2 bros pin set: THENCE $ 18°14'53 E 602.29 feet to 12 iron pis set.

THENCE $ 61°30'09 W. 572.95 feet to a 1/2 ron pheet: THENCE $ 66°4630 W. 102.40 feet to a 12 ren pin set.

THENCE $ 72°19'58' W. 102.35 feet to THENCE $ 78°141 W. 10236 feet to THENCE $ 83°1930 W. 102.47 feet to a V2 iron pin set.

12 Iron pin set V2 roa ph ser THENCE N 89°4735 V, 334.93 feet to 1/2 ron ph set: THENCE N 06°2355 . 609.47 feet to a 1/2" bon på set. sold ph being on the South rightof-way line of proposed Georgetown Drive, said pin glas being the Port of Cervare of or Panget our curve to the right having a of 530.00 * chord leagth of 6351 feet and a chord bearing of the central angle of 05-$210.

THENCE along said prve to the right, and said proposed South right-of-way ine. 63.54 feel to VZ iron p set for the Point of Tangency OF BEGINNING and containg 2063659 equare feet or 47361 acres of land B 4 5 5'-0'

ron p set for the Point of Tangency OF BEGINNING and containg 2063659 equare feet or 47361 acres of land B 4 5 5'-0' (1) Exhibit "B" 3 WALL CAP TO MATCH FACING GRANBURY STONE WITH ASHLAR PATTERN/HIDDEN JOINT.

CONCRETE AND ROCK INFILL BEHIND STONE FACING CONCRETE FOOTING, EXTEND *4 BARS INTO COLUMN (FOUR) 5 12' CONCRETE PIER AT INCREMENTS SHOWN ON PLAN.

*4 BAR VERTICALLY 12' INTO COLUMN, EMBED 12' MIN. INTO FOOTING AND PIER (1) CONCRETE FOOTING GOLF COURSE FENCE COLUMN SECTION SCALE ¾' - 1-0'