After Recording Please Return To: Judd A. Austin, Jr., Esq.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 STATE OF TEXAS § § COUNTY OF ELLIS § THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE IL AND PHASE II This Third Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements of Bryson Springs Phase I and Phase 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 and Phase II, filed on November 28, 2016, and recorded under Instrument Number 1632592 in the Official Public Records of Ellis County, Texas (the “Original Declaration’) by JHDMC Limited Liability Company, a Texas limited liability company (the “Declarant’); 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 THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE I AND PHASE II Page 1 H L 2. SSM LSI j { OLE sort i y “LA % F Weft Ty Te iy ah a2 0 Aas I & II 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 was amended by virtue of that certain Second Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements of Bryson
(the “First Amendment”); and WHEREAS, the Original Declaration was amended by virtue of that certain Second Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements of Bryson Springs Estates Phase I & Phase II filed on January QS, 2020 and recorded as Instrument No.
\O0 a 2x i ) of the Official Public Records of Ellis County, Texas (the “Second Amendment’); and WHEREAS, the Original Declaration, along with the First and Second Amendments (collectively, the “Bryson Springs Declaration”) affect certain real property in Ellis County, Texas which is more 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 JHH Legacy Estates Development, LLC, 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 WHEREAS, the Declaration affects certain tracts or parcels of real property located in the City of Midlothian, Ellis County, Texas, more particularly described on Exhibit A attached hereto (the “Addition’’); and WHEREAS, under Article 9, Section 9.1 of the Declaration, so long as Declarant owns at least one (1) Lot, the terms and conditions contained in the Declaration may be amended by Declarant without joinder of or vote by any Owner; and WHEREAS, the Declarant owns at least one (1) Lot; and THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE I AND PHASE II Page 2 WHEREAS, the following amendments to the Declaration have been approved by the Declarant.
NOW, THEREFORE, the Declaration is hereby amended as follows: 1)
OF BRYSON SPRINGS PHASE I AND PHASE II Page 2 WHEREAS, the following amendments to the Declaration have been approved by the Declarant.
NOW, THEREFORE, the Declaration is hereby amended as follows: 1) The term “Declarant” in Article 1, Section 1.1 of the Declaration is hereby amended and, shall hereinafter read, in its entirety, as.follows: 2) “Declarant” shall mean JHDMC Limited Liability Company, a Texas limited liability company, J. Houston Homes, and any member or affiliated entity of subsidiary of the J. Houston family of companies, including its successors or assigns; provided that any assignment(s) of the rights of Declarant must be expressly set forth in writing.
Article 7, Section 7.2 of the Declaration is hereby amended to add Section 7.2(c) and, shall hereinafter read, in its entirety, as follows: (c) Declarant Subsidy. If at any time during the period the Declarant has exclusive control of the Association pursuant to Article 5, Section 5.1 the Association's operating expenses exceed the assessments received by the Association from the Owners, the Declarant shall fund the amount of such deficit to the Association. Any subsidy paid to the Association by Declarant may be treated as a contribution or a loan, in Declarant’s sole and absolute discretion. The payment of a subsidy in any given year will not obligate the Declarant to continue payment of a subsidy to the Association in future years. The Declarant’s agreement to pay budget deficits under this Section 7.2(c) shall in no way eliminate or diminish Declarant’s exemption from all assessments when no budget deficit exists.
THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE LAND PHASE II Page 3
ant’s exemption from all assessments when no budget deficit exists.
THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE LAND PHASE II Page 3 The terms and provisions of the Declaration, except as modified herein, are hereby declared to be in full force and effect with respect to the Addition. The Addition shall continue to be held, occupied, sold and conveyed subject to the terms.and conditions of the Declaration and this First Amendment which shall run with title to the Addition and are binding on all parties having any right, title or interest in and to the Addition 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, Declarant has caused this Third Amendment to the Declaration and approved same for recording in the Official Public Records of Ellis County, Texas.
Signed this_ 23 day of January , 2024.
DECLARANT Its: chief Financial Officer STATE OF TEXAS § COUNTY OF ELLIS § BEFORE ME, the undersigned Notary Public, on this 22 day of Janya , 20 Jo; personally appeared, Chad Miles, Chief Financial Officer of JHDMC Limited Liability Company, a Texas limited liability company, known to me to the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and the capacities therein expressed.
oe Mindy McGee Lif Ve_§ ee Notary Pdiblic, State of Texas ita wg “ee ID No 129313054 THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE LAND PHASE II Page 4 EXHIBIT A Those tracts and parcels of real property located in the City of Midlothian,
THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF BRYSON SPRINGS PHASE LAND PHASE II Page 4 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 described in Exhibit B-1 attached hereto, including amendments and supplements thereto.
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 2.796, Page 2478, being
NING 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 2.796, 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 LI, 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 I, 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 found; 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" set; . 5 ‘ 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
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" East; 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°11'5S7" 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" set; ‘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" sot 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;
ast, 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; North 69°33'18" 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 to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; 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 snid Block One, Clark Manor, the following courses and distances:
nty, Texas; THENCE with the common lines of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and snid 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; 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 Fect to the POINT OF BEGINNING, and containing a computed area of 58.619 acres, more or less.
STATE OF TEXAS COUNTY OF ELLIS | hereby cartify this instrument was filed on the date and time stamped hereon and was duly recorded In the records of Ellis County, Texas as stamped hereon.
Ge Prupod ValeX COUNTY CLERK, ELLIS COUNTY, TEXAS “ALN an bd A