AFTER RECORDING, PLEASE RETURN TO: Judd A. Austin, Jr.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE 1 & II STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ELLIS § This Second Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements of Bryson Springs Phase I & II (this “Second Amendment’) is executed by JHDMC Limited Liability Company, a Texas limited liability company (the “Declarant”), to be effective on the date it is filed with the Office of the Ellis County Clerk.
INTRODUCTORY PROVISIONS WHEREAS, the Declaration of Covenants, Conditions, Restrictions and Easements of Bryson Springs Phase I & II is recorded as Instrument No. 1632592 in the Official Public Records of Ellis County, Texas (the “Original Declaration’); and WHEREAS, the Original Declaration was amended by virtue of that certain Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements of Bryson Springs Phase I & I filed on October 25, 2018, and recorded as Instrument No. 1831210 of the Official Public Records of Ellis County, Texas (the “First Amendment’); and WHEREAS, the Original Declaration, along with the First Amendment (collectively, the “Bryson Springs Declaration”) affect certain real property in Ellis County, Texas which is more A — ‘4 REOOE £0 Ws ayy i ANE.
Wl ilo a7 AL?, particularly described on Exhibit A attached hereto. Exhibit A is the “Property” as defined in the Bryson Springs Declaration; and WHEREAS, this Second Amendment is made by JHDMC Limited Liability Company, in its capacity as Declarant pursuant to and in accordance with the authority granted under Section
Springs Declaration; and WHEREAS, this Second Amendment is made by JHDMC Limited Liability Company, in its capacity as Declarant pursuant to and in accordance with the authority granted under Section 12.1 of Article 12 of the Bryson Springs Declaration; and NOW, THEREFORE, the Bryson Springs Declaration is hereby amended as follows: (A) Section 3.08 of Article III of the Bryson Springs Declaration is amended to read, in its entirety, as follows: Section 3.08.
Storage of Vehicles. (a) No travel trailer, motor home, camper, boat, aircraft, recreational vehicle, motorcycle, four-wheeler, or truck larger than one (1) ton or similar vehicle or trailer shall be parked overnight or stored on the Roads nor in front of any Residence. No such vehicles or trailers mentioned shall be kept, parked, stored or maintained on any Lot unless in an enclosed structure or in a screened area which prevents the view thereof from any other Lot or Road. No dismantling or assembling of any such vehicle or trailer or any other machinery or equipment shall be permitted unless in an enclosed structure or in a screened area which prevents the view thereof from any other Lot or Road. The ARC shall have the absolute authority to determine from time to time whether a vehicle is operable and, if not, adequately screened from public view. Upon an adverse determination by the ARC, the vehicle shall be removed or otherwise brought into compliance with these Restrictions.
The terms and provisions of the Bryson Springs Declaration, except as modified herein, are hereby declared to be in full force and effect with respect to the Property. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings set forth in the Bryson
ein, are hereby declared to be in full force and effect with respect to the Property. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings set forth in the Bryson Springs Declaration. The Property shall continue to be held, occupied, sold and conveyed subject to the terms and conditions of the Bryson Springs Declaration and this Second Amendment, which shall run with title to the Property and are binding on all parties having any right, title or interest in and to the Property or any part thereof, including their heirs, representatives, successors, transferees and assigns, and shall inure to the benefit of each Owner thereof.
IN WITNESS WHEREOF, the Declarant has caused this Second Amendment to the Bryson Springs Declaration to be filed with the office of the Ellis County Clerk.
(Signature following on next page.)
JHDMC LIMITED LIABILITY COMPANY, a Texas limi bj STATE OF TEXAS § § COUNTY OF ELLIS § by Chad L. Miles, Chief Financial Officer of JHDMC Limited Liability Company, on behalf of said company.
Notary Public, State of Texas ght 4 Mindy McGee f “® My Commission Expires ih. 2S 03/21/2022 AN os 313054 EXHIBIT A Those tracts and parcels of real property located in the City of Midlothian, Ellis County, Texas and more particularly described as follows: e All property subject to the Declaration of Covenants, Conditions, Restrictions and Easements of Bryson Springs Phase I and Phase II, filed on November 28, 2016, and recorded under Instrument Number 1632592 in the Official Public Records of Ellis County, Texas, including amendments and supplements thereto; and e All property subject to the Declaration and those tracts
rded under Instrument Number 1632592 in the Official Public Records of Ellis County, Texas, including amendments and supplements thereto; and e All property subject to the Declaration and those tracts described in Exhibit B-1 attached hereto, including amendments and supplements thereto.
OPE CSCRIPTIO U ase BEING a 58.619 acre tract of land in the J. Berry Survey, Abstract Number 86, situated in Ellis County, Texas, and being a portion of that certain tract of land described in deed to JHH Property Acquisition Services, LLC, recorded in Volume 2796, Page 2478, Deed Records, Ellis County, Texas, and being a portion of that certain tract of land described in deed to JHH Property Acquisition Services, LLC, recorded in Volume 2797, Page 1469, Deed Records, Ellis County, Texas, and being a portion of that certain tract of land described in deed to JHH Property Acquisition Services, LLC, recorded in Volume 2796, Page 960, Deed Records, Ellis County, Texas. The bearings for this survey are based on the bearings as they appear in Cabinet C, Slide 440, Plat Records, Ellis County, Texas.
BEGINNING at a 1/2" iron rod with plastic cap stamped "RPLS 4818" set at the most southerly southwest comer of said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 2478, being in the north line of Hidden Acres, Phase One, an addition recorded in Cabinet F, Slide 366, Plat Records, Ellis County, ‘Texas, and being at the southeast corner of Lot 7, Shiloh Branch Estates LU, an addition recorded in Cabinet Cabinet C, Slide 711, Plat Records, Ellis County, Texas; THENCE with the common lines of said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 2478, and said Shiloh Branch Estates Hl, the following courses and distances:
, Texas; THENCE with the common lines of said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 2478, and said Shiloh Branch Estates Hl, the following courses and distances: North 00°44'16" West, a distance of 196,64 Feet to a 1/2" iron rod found; North 89°16'16" East, a distance of 221.11 Feet to a 1/2" iron rod found; North 00°36'05" West, a distance of 196.77 Feet to a 1/2" iron rod found; South 89°19'15" West, a distance of 221.14 Feet to a 1/2" iron rod tal North 00°39'16" West, a distance of 710.66 Feet to a 1/2" iron rod found; North 30°07'20" East, a distance of 227.31 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" sel; Fi j . = THENCE departing the said common lines, and continuing over and across said JH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 2478, and across said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2797, Page 1469, and across JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 960, the following courses and distances: North 89°11'57" East, a distance of 225.07 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set at the point of curvature of a non-tangent curve, concave fo the west, having a radius of 294.92 Feet, a central angle of 06°36'45", and a chord of 34.02 Feet bearing North 01°02'07" Bast; Northerly along said curve, a distance of 34.04 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; ‘ North 89°11'57" East, a distance of 44.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 76°45'53" East, a distance of 16.49 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" sel;
East, a distance of 44.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 76°45'53" East, a distance of 16.49 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" sel; ‘North 89°11'57" East, a distance of 548.00 Feet to a 1/2" iron rod with plastic cap stamped “"RPLS 4818" set; North 84°13'45" East, a distance of 46.17 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 89°11'57" East, a distance of 28.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set at the point of curvature of a non-tangent curve, concave to the northeast, having a radius of 20,00 Feet, a central angle of 90°00'00", and a chord of 28.28 Feet bearing South 45°48'03" East; Southerly along said curve, a distance of 31.42 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 00°48'03" East, a distance of 28.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 04°10'08" West, a distance of 46,17 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 00°48'03" East, a distance of 127.00 Feet to a 1/2" iron rod with plastic cap stamped “RPLS 4818" set; North 89°11'57" East, a distance of 288.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 00°48'03" East, a distance of 157.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 39°40'35" East, a distance of 120.29 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 74°29'44" East, a distance of 102.87 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 00°48'03" East, a distance of 163,95 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set;
ast, a distance of 102.87 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 00°48'03" East, a distance of 163,95 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 69°33'1 8" East, a distance of 35.77 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" sel; North 47°33'44" East, a distance of 154.60 Feet fo a 1/2" iron rod with plastic cap stamped "RPLS 4818" sel; North 76°17'47" East, a distance of 565.03 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 88°09'34" East, a distance of 350.37 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set in the east line of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469; THENCE South 00°48'03" East, with the east line of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, a distance of 416.76 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4466" found at the most easterly southeast corner of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and being in the north line of Block 1, Clark Manor, an addition recorded in Cabinet C, Slides 654-656, Plat Records, Ellis County, Texas; THENCE with the common lines of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and said Block One, Clark Manor, the following courses and distances: South 89°16'21" West, a distance of 364.84 Feet to a 1/2" iron rod found; South 00°37'58" East, a distance of 536.40 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set at the most southerly southest comer of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and being at the northeast comer of said Hidden Acres, Phase One;
18" set at the most southerly southest comer of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and being at the northeast comer of said Hidden Acres, Phase One; ‘THENCE South 89°18'27" West, departing the said common line of JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and Block One, Clark Manor, and continuing along the north line of said Hidden Acres, Phase One, a distance of 2190.25 Feet to the POINT OF BEGINNING, and containing a computed area of 58.619 acres, more or less.
STATE OF TEXAS COUNTY OF ELLIS | hereby cortify this Instrument was filed on tha date and time stamped hereon and was duly recorded In the records of Ellis County, Texas as stamped hereon.
COUNTY CLERK, ELLIS COUNTY, TEXAS