70 2010 10008731 Hays County Linda C. Fritsche County Clerk San Marcos, Texas 78666 Recorded On: April 14, 2010 Instrument Number: 2010-10008731 As OPR RECORDINGS Parties: ELLIOTT RANCH HOMEOWNERS ASSOCIATION INC Το Comment: (Parties listed above are for Clerks reference only) OPR RECORDINGS 20.00 Total Recording: 20.00 Billable Pages: 2 Number of Pages: 3 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: 2010-10008731 Receipt Number: 243594 Recorded Date/Time: April 14, 2010 04:15:37P Book-Vol/Pg: BK-OPR VL-3859 PG-845 User / Station: R Robinson - Cashering #1 Record and Return To: ELLIOTT RANCH ORIGINAL TO CUSTOMER SAN MARCOS TX 78666 DURT COUNTY OF HAYS COUNTY TEXAS State of Texas | County of Hays I hereby cenify that this instrument was filed for record in my office on the date and time stamped hereon und was recorded on the volume and page of the named records of Hays County, Texas Sunda gutsche Linda C. Fritsche, County Clark STATE OF TEXAS COUNTY OF HAYS Bk Vol Pg 10008731 OPR 3859 846 AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS FOR ELLIOTT RANCH Document reference. Reference is hereby made to that certain Amended and Restated Declaration of Covenants and Restrictions for Elliott Ranch, filed as Document No. HC9905970 at Volume 1512, Page 931, in the Official Public Records of Hays County, Texas (together with all amendments and supplements thereto filed of record, the "Declaration").
iled as Document No. HC9905970 at Volume 1512, Page 931, in the Official Public Records of Hays County, Texas (together with all amendments and supplements thereto filed of record, the "Declaration").
WHEREAS owners of lots subject to and governed by the Declaration are automatically made members of the Elliott Ranch Homeowners Association, Inc. (the "Association"), which has been incorporated as a Texas non-profit corporation; WHEREAS the Transfer Date, as defined in the Declaration, has not occurred, and as such Article 14, sub-Article (a)(i) of the Declaration permits the Declaration to be amended with the support of members holding at least eighty percent (80%) of the votes present, in person or by proxy, at a meeting of the Association called for the purpose of considering such an amendment, so long as a quorum of at least sixty percent (60%) of the total votes in the Association is present at such meeting; and WHEREAS the amendment contained herein was approved by the members of the Association in accordance with the procedures and requirements set forth in Article 14, sub-Article (a)(i) of the Declaration; THEREFORE the Declaration has been, and by these presents is, amended as provided below.
By amending and restating Article 5. Section (d) (Setback Requirements) so that it reads in its entirety as follows: "(d) Setback Requirements. No dwelling or other Improvements (other than fences and landscaping as provided herein) shall be constructed or permitted on any Lot within the building setbacks. The building setbacks are as set forth below.
(i) Elliott Ranch, Phases One, Two and Three. The building setbacks for Elliott Ranch Phase One, Elliott Ranch Phase Two, and Elliott Ranch Phase Three, are as
uilding setbacks are as set forth below.
(i) Elliott Ranch, Phases One, Two and Three. The building setbacks for Elliott Ranch Phase One, Elliott Ranch Phase Two, and Elliott Ranch Phase Three, are as set forth in the plat(s) for each of those Phases 1-3, and in any Supplemental Declaration(s) filed of record and pertaining to those Phases 1-3.
(ii) Elliott Ranch Phase Four. The building setbacks for each Lot within Elliott Ranch Phase Four are 15 feet from the side property line, 30 feet from the rear property line, and 75 feet from the front property line. The foregoing notwithstanding, Lots 4 through 8, Block A, Lots 2, 3, 4 and 17, Block B, and Lots 6, 7, 8, 16, 17 and 18, Block C, all of Elliott Ranch Phase Four, are all subject to a front building setback of 100 feet from the front property line, as is provided and established in that certain Correction Third Supplemental Declaration and Third Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Elliott Ranch, filed as Bk Vol Pa 10008731 OPR 3859 847 Document No. 05020929 at Volume 2731, Page 36, in the Official Public Records of Hays County, Texas."
Subject solely to the amendment contained herein, the Declaration remains in full force and effect.
ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
Certification I, the undersigned, in my capacity as President of the Elliott Ranch Homeowners Association, Inc, do hereby certify that the amendment contained herein was approved by vote of the Association's members in compliance with the procedures set forth in the Declaration for such amendment.
By: C. ERIK ANDERSON Title: President Acknowledgement STATE OF TEXAS COUNTY OF Travis This instrument was executed before me on the 13th day of.
2010, by C.ENK Anderson BRIDGET S. GREGORY
h amendment.
By: C. ERIK ANDERSON Title: President Acknowledgement STATE OF TEXAS COUNTY OF Travis This instrument was executed before me on the 13th day of.
2010, by C.ENK Anderson BRIDGET S. GREGORY Notary Public, State of Texas My Commission Expires October 24, 2012 April in the capacity stated above.
Budget fregory Notary Public, State of Texas After recording, please return to: Niemann & Heyer, L.L.P.
Attorneys At Law Westgate Building, Suite 313 1122 Colorado Street Austin, Texas 78701 Fileserver:CLIENTS:ElliottRanch: DeclAmendPhs4Setbacks8-09Execute.doc