&& PTAA A & LT1-81-20110001408~1 e SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OAKRIDGE HEIGHTS SUBDIVISION, UNIT I STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR § WHEREAS, Oakridge Heights Subdivision, Unit 1, is a residential real estate development consisting of that land described in a certain instrument filed of record at Volume 9544, Page 63, Official Public Records of Real Property of Bexar County, Texas (hereinafter the "Subdivision"); and, WHEREAS, the Subdivision has been made subject to certain restrictive covenants contained in that Declaration of Covenants, Conditions and Restrictions for Oakridge Heights Subdivision, Unit 1, filed of record at Volume 8069, Page 544, ef seq., Official Public Records of Real Property of Bexar County, Texas (hereinafter called the "Declaration"). and, WHEREAS, Cavalo Creek Estates Homeowners Association, Inc. (hereinafter called the "“Association") is mandatory property owners association established by the Declaration for the purpose of governance and operation of the Subdivision; and, WHEREAS, Article 5, Division 5.2, Section 5.2.1, of the Declaration provides that the Declaration may be amended, at a regular or special meeting of the Members, by a vote of at least of a majority of the total eligible votes of the membership of the Association , and.
WHEREAS, Article 2, Division 2.4 of the Declaration establishes an obligation of members of the Association to pay certain assessments, and creates a lien on property within the Subdivision to secure payment of the assessments, and, WHEREAS, the Members of the Association have determined that it is useful and convenient to the Association and its membership to extend the assessment established by
payment of the assessments, and, WHEREAS, the Members of the Association have determined that it is useful and convenient to the Association and its membership to extend the assessment established by the First Amendment to the Declaration, which is currently to be paid at the original closing of lots to the first non-builder home buyers, so that such assessment will hereafter be charged every time any lot is sold or conveyed, to provide a fund for future capital expenditures, reserves and other financial needs of the Association; NOW, THEREFORE, by the signatures of the President and Secretary of the Association, the Association does confirm that the Members have voted to amend the Declaration in the following particulars, in accordance with Article 5, Division 5.2, Section 5.2.2 of the Declaration: 0 08 follows: Section 2.4.4.1 is of the Declaration, is hereby amended to provide as Section 2.4.4.1 Enhancement Fee Assessment. In addition to the Annual Assessments provided for in Section 2.4.1 and the Special Assessment provided for in Section 2.4.4, the Association shall levy an Enhancement Fee Assessment, in the amount set forth herein, to be paid at the closing of each Lot of such Lot, when such Lot is sold.
transferred or otherwise conveyed, to be paid by the new owner(s). Said Enhancement Fee Assessment shall serve as a fund to provide for capital improvements (aside from and in addition to any Special Assessment levied pursuant to Section 2.4.4 hereof), reserves and other monetary expenses of the Association. The amount of said Enhancement Fee Assessment shall be $500 for the calendar year 2010, and it may be increased by resolution of the Board of Directors once each year, such increase not to exceed ten percent (10%) of the amount of the
Assessment shall be $500 for the calendar year 2010, and it may be increased by resolution of the Board of Directors once each year, such increase not to exceed ten percent (10%) of the amount of the Enhancement Fee Assessment prior to such increase.
Except as set forth herein, the Declaration is hereby ratified and affirmed in all other respects.
in witness whereof, we, the undersigne resident and Secret.
, , of the Association, have herein to set my hand this the day of Dacembe CT, 2010.
CAVALO CREEK ESTATES HOMEOWNERS ASSOCJATION, INC., A Texas Non-Profit Corporation By Glenn Koepnick, its President its ene ag Ed Loveless, es “ Wrono.* .
Wreraca® STATE OF TEXAS § COUNTY OF BEXAR § I hereby certify that the foregoing instrument was acknowledged before me, the undersigned Notary, by Glenn Koepnick on the date of execution set forth above.
Notary Public, State of Texas VIC STATE OF TEXAS § COUNTY OF BEXAR § Edward F Davis Notary Public, State of Tenés My Commission Expires: February 6, 2012 ED: I hereby certify that the foregoing instrument was acknowledged before me, the undersigned Notary, by Ed Loveless on the date of execution set forth above.
Notary Public, State of Texas Edward F Davis Notary Public, State of Texas My Commission Expires: February 6, 2012 P LOPARY ۲/۱۹۹ AFTER RECORDING RETURN TO: Tom L. Newton, Jr.
Allen, Stein & Durbin, P.C.
P.O. Box 101507 San Antonio, Texas 78201 Any provision herein which restricts the sale, or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR I hereby certify that this Instrument was FILED In File Number Sequence on this date and at the time stamped hereon by me and was duly RECORDED in the Official Public Record of Real Property of Bexar
I hereby certify that this Instrument was FILED In File Number Sequence on this date and at the time stamped hereon by me and was duly RECORDED in the Official Public Record of Real Property of Bexar County, Texas on: COUNTY BLER 23 JAN 03 2011 COUNTY CLERK BEXAR COUNTY, TEXAS Doc# 20110001408 Fees: $24.00 01/03/2011 4:19PM # Pages 3 Filed & Recorded in the Official Public Records of BEXAR COUNTY GERARD RICKHOFF COUNTY CLERK 2-8-2008 2-6-8098 ライ