Smith County Recorded On-2010-Dec-16 As-58121 Judy Carnes County Clerk a 76 2010 00058121 Instrument Number: 2010-R00058121 As Recorded On: December 16, 2010 Recordings - Land Parties: FOXWOOD ADDITION HOMEOWNERS ASSOCIATION INC To FOXWOOD ADDITION Comment: DECLARATION AMENDMENT ( Parties listed above are for Clerks reference only ) Recordings - Land 24.00 Total Recording: 24.00 Billable Pages: 3 Number of Pages: 4 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.
File Information: Record and Return To: Document Number: 2010-R00058121 Receipt Number: 564511 FOXWOOD HOA Recorded Date/Time: December 16, 2010 12:41:07P PO BOX 2064 FLINT TX 75762 User / Station: K Massie - Cash Station 4 | hereby certify that this instrument was filed and duly recorded in the Official Records of Smith County, Texas Gey Carmi County Clerk Smith County, Texas Recorded On-2010-Dec-16 As-58121 ‘Aosaso FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOXWOOD ADDITION STATE OF TEXAS § § COUNTY OF SMITH § A. WHEREAS, SDI 2004 — Tyler Developments, Inc., a Texas corporation, has previously placed of record that certain Declaration of Covenants, Conditions and Restrictions dated August 25, 2004, recorded under Document No. 2004-R0045348 (Volume 7596, Page 902) of the Official Public Records of Smith County, Texas (as may be supplemented from time to time, the “Declaration”), affecting certain real property in Smith County, Texas, as more particularly described in the Declaration.
B. WHEREAS, as of the date hereof, the President and Secretary of Foxwood
the “Declaration”), affecting certain real property in Smith County, Texas, as more particularly described in the Declaration.
B. WHEREAS, as of the date hereof, the President and Secretary of Foxwood Addition Homeowners Association, Inc., a Texas non-profit corporation (the “Homeowners Association”), certify that this Amendment has been approved by the Owners entitled to cast at least seventy-five percent (75%) of the total number of votes entitled to be cast pursuant to the Declaration.
NOW, THEREFORE, it is hereby declared that all of the Lots (as defined in the Declaration) shall be held, sold, conveyed, and occupied subject to the Declaration and all easements, restrictions, covenants, and conditions set forth therein, as amended by this First Amendment to Declaration of Covenants, Conditions, and Restrictions for Foxwood Addition Subdivisions (this “Amendment’).
1. Defined Terms. All capitalized terms used herein and not otherwise defined in this Amendment shall have the meaning set forth in the Declaration.
2. Animals ~ Household Pets. Section 3.26 of the Declaration is deleted in its entirety and replaced with the following: “3.26 Animals - Household Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the Property. No Owner may keep on such Owner’s Lot more than a total of four (4) cats and dogs, in the aggregate.
No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash.
l shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash.
No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clean, sanitary, FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page | Foxwood Addition 392 1422v.2 Recorded On-2010-Dec-16 As-58121 and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with Plans and Specifications approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property.”
. Miscellaneous. This Amendment is incorporated into the Declaration by this reference for all purposes. The Declaration, as hereby amended, shall run with title to each Lot and bind and inure to the benefit of all Owners and their respective heirs, executors, administrators, personal and legal representatives, successors and assigns. All of the Lots shall be held, sold, conveyed, and occupied subject to the terms and provisions of the Declaration, as herein amended.
4. Ratification. Except to the extent herein amended, the Declaration is ratified and confirmed in all respects.
5. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Amendment for all purposes.
nt herein amended, the Declaration is ratified and confirmed in all respects.
5. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Amendment for all purposes.
EXECUTED as of the dates of the acknowledgements set forth below, to be effective as of December {3 , 2010.
HOMEOWNERS ASSOCIATION: FOxWOOD ADDITION HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation Randall M. Ziehe, President La LE By: ames Wilson, Secretary FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 Foxwood Addition 5921422v 2 Recorded On-2010-Dec-16 As-58121 STATE OF TEXAS § COUNTY OF 7KAWS : This instrument was acknowledged before me, the undersigned authority, this 4G day of December, 2010, by Randall M. Ziehe, President of Foxwood Addition Homeowners Association, Inc., a Texas non-profit corporation, on behalf of said non-profit corporation.
Ea sat neh oe ; A: 5 ‘S) Notary Publec, No’ Public State of Texas Xs EF 6 Stace of Texas a Comm. Exn. 06-10-' WTS THAAD ~ WRT VESVSSVSVVweVaeessnenasees, poten, SUE FITZPATRICK § = fe Notary Public, Oo: Sate of Texas x meee Comm. Exp, 06-10-44 Z g $ Wan STATE OF TEXAS or § COUNTY OF Omi Hy § This instrument was acknowledged before me, the undersigned authority, this } LA day of December, 2010, by James Wilson, Secretary of Foxwood Addition Homeowners Association, Inc., a Texas non-profit corporation, on behalf of said non-profit corporation.
Notary Public State of Texas DOO After Recarcking ReTuRA AY Rxaeoty ATOR “PD Box 2064 FUN, TR WAGGA FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 Foxwood Addition $92 1422v.2