70 2004 00113906 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2004-113906 As Amendment Recorded On: August 26, 2004 Parties: CHATEAU GROUP I LTD Το Comment: Amendment 22 00 Total Recording: 22.00 Billable Pages: 5 Number of Pages: 5 File Information: Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law Document Number. 2004-113906 Receipt Number. 134348 Recorded Date/Time: August 26, 2004 11:04A User / Station J Morris - Cash Station 1 Record and Return To: AMERICAN TITLE CO 550 BAILEY AVE STE 550 FORT WORTH TX 76107 W MALA COUNTY * 1846 TEXAS THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certify that this instrument was FILED in the File Number sequence on the date/time printed heron, and was duly RECORDED in the Official Records of Denton County, Texas Chutchell County Clerk Denton County, Texas 22.
838139-0 AMENDMENT TO DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS This Amendment to Declaration of Restrictions, Covenants and Conditions is made effective as of August 23, 2004 by Chateau Group I, Ltd., a Texas limited partnership (“Chateau I") and Chateau Group II, Ltd., a Texas limited partnership ("Chateau II") and Triple "T" Farms, Ltd., a Texas limited partnership ("Triple T”) joined in this instrument for the purpose of expressing their consent and agreement to such amendments.
RECITALS 1. On or about April 6, 2004, Chateau I, Chateau II and Triple T (collectively, “Declarant”) executed and delivered that certain First Amended and Restated Declaration of
to such amendments.
RECITALS 1. On or about April 6, 2004, Chateau I, Chateau II and Triple T (collectively, “Declarant”) executed and delivered that certain First Amended and Restated Declaration of Restrictions, Covenants and Conditions of Chateau du Lac (the “Declaration").
2. Except as expressly given other definition or meaning in this Amendment, all capitalized terms and phrases shall have the meaning described thereto in the Declaration.
that: 3.
SECTION SEVEN, SECTION 1 of the Declaration provides, among other things, "Notwithstanding any other provision hereof [the Declaration], Declarant reserves the right... to waiver, vary or amend... the Application of any of these covenants and restrictions to such portion of the Property if, in the sole discretion of Declarant, such action be necessary be necessary to relieve hardship or permit good architectural planning to be effected."
4.
....
SECTION SIX, ITEM A OF THE DECLARATIONS provides: "Until Declarant shall have conveyed by deed all of the lots of the Property, Declarant shall have the right and authority to modify or amend in writing any of the reservations, restrictions and/or covenants set forth in this Declaration at any time upon the filing of such amendment in the real property records of Denton County, Texas without prior notice to or consent of any owner, person or entity.
5. At the time of the execution and delivery of this Amendment, Declarant owns, among other Lots: Lot 8, Block B and Lot 9, Block B of Chateau du Lac, Phase One (the "Property").
6. After analyzing the topography of Lot 9, Block B, Chateau du Lac, Phase One ("Lot 9"), Declarant has determined that a hardship exists and good architectural planning
c, Phase One (the "Property").
6. After analyzing the topography of Lot 9, Block B, Chateau du Lac, Phase One ("Lot 9"), Declarant has determined that a hardship exists and good architectural planning requires that no pedestrian access be permitted in the pedestrian walkway on the south line of Lot 9 and that the residential structure to be situated on said Lot 9 is best located at a location generally near the southern most building set back line on said Lot and further that a privacy fence associated with such residential structure should be permitted within the said fifteen foot AMENDMENT TO DECLARATION OF RESTRICTIONS.doc Page 1 ฐ (15') drainage easement and pedestrian walkway all the way to the south property line of said Lot 9.
7.
AMENDMENT PROVISIONS THE FOLLOWING IS ADDED AS ITEM S AT THE END OF SECTION THREE OF THE DECLARATION: 8.
"All access, pedestrian and vehicular and otherwise, is prohibited in that portion of the fifteen foot (15') drainage easement and pedestrian walkway situated on Lot 9, Block B, Chateau du Lac, Phase One ("Lot 9") of the Property as recorded on the plat thereof recorded at Cabinet T, Page 302, Plat Records, Denton County, Texas. The owner of Lot 9 shall be permitted to construct a fence, otherwise in compliance with the provisions of this Declaration, across that portion of such fifteen foot (15') drainage easement and pedestrian walkway which is situated at Lot 9 and may exclude access across such portion of said Lot 9. All provisions of this Declaration contrary to the foregoing provisions of this Item S are hereby amended and negated."
By separate instrument, Declarant may provide a pedestrian walkway not to
Lot 9. All provisions of this Declaration contrary to the foregoing provisions of this Item S are hereby amended and negated."
By separate instrument, Declarant may provide a pedestrian walkway not to exceed fifteen feet (15') in width which runs from the end of Rue Jordan (on the east) to the government property for Lake Grapevine (on the west) and is situated on Lot 8, Block B, Chateau du Lac, Phase One of the Property ("Lot 8”) along and adjacent to the common boundary between said Lot 9 and Lot 8, Block B, Chateau du Lac, Phase One of the Property.
9.
Except as expressly hereby amended, all provisions, covenants, restrictions and terms of the Declaration shall remain in full force and effect, unamended.
Pursuant to the power and authority granted and reserved under the Declarant in the Declaration, this Amendment is executed and given in amendment of the Declaration and is dated and effective this 23rd day of August, 2004.
DECLARANT: CHATEAU GROUP I, LTD., a Texas limited partnership By: USM CAPITAL, LLC, a Texas limited liability company, its general partner By: Gary Hazlewood, Managing Member AMENDMENT TO DECLARATION OF RESTRICTIONS.doc Page 2 STATE OF TEXAS CHATEAU GROUP II, LTD., a Texas limited partnership By: USM CAPITAL, LLC, a Texas limited liability company, its general partner essess eos cos الملل By: Gary Hazlewood, Managing Member COUNTY OF TARRANT This instrument was acknowledged before me on this the 23rd day of August, 2004 by Gary Hazlewood, its Managing Member of USM Capital, LLC, a Texas limited liability company on behalf of Chateau Group I, Ltd., a Texas limited partnership.
NOTARY OF PUBLIC TEXAB STACY D. TURNER Notary Public State of Texas Comm. Expires 06-25-2008
al, LLC, a Texas limited liability company on behalf of Chateau Group I, Ltd., a Texas limited partnership.
NOTARY OF PUBLIC TEXAB STACY D. TURNER Notary Public State of Texas Comm. Expires 06-25-2008 Stacy D. Turner Notary Public, State of Texas My commission expires: STATE OF TEXAS COUNTY OF TARRANT essesses cos This instrument was acknowledged before me on this the 23rd day of August, 2004 by Gary Hazlewood, its Managing Member of USM Capital, LLC, a Texas limited liability company on behalf of Chateau Group II, Ltd., a Texas limited partnership.
NOTARY STATE PUBLIC OF TEXAS STACY D. TURNER Notary Public State of Texas Comm. Expires 06-25-2008 Stacy D. Turner Notary Public, State of Texas My commission expires: AMENDMENT TO DECLARATION OF RESTRICTIONS.doc Page 3 Triple "T" Farms, Ltd., a Texas limited partnership ("Triple T”) executes and delivers this Amendment for the purpose of consenting and agreeing to the amendments set forth herein and the for the purpose of consenting to and agreeing to the amendments set forth in the Declaration.
TRIPLE "T" FARMS, LTD., a Texas limited partnership By: USM Capital, LLC, a Texas limited liability company, its general partner, письме Gary Hazlewood, Managing Member STATE OF TEXAS COUNTY OF TARRANT § cos cos cosess This instrument was acknowledged before me on this the 23rd day of August, 2004 by Gary Hazlewood, its Managing Member of USM Capital, LLC, a Texas limited liability company on behalf of Triple “T” Farms, Ltd., a Texas limited partnership.
NOTARY PUBL STATE OF TEXA STACY D. TURNER Notary Public State of Texas Comm. Expires 06-25-2008 Stacy D. Turner Notary Public, State of Texas My commission expires:
Ltd., a Texas limited partnership.
NOTARY PUBL STATE OF TEXA STACY D. TURNER Notary Public State of Texas Comm. Expires 06-25-2008 Stacy D. Turner Notary Public, State of Texas My commission expires: AMENDMENT TO DECLARATION OF RESTRICTIONS.doc Page 4