2Oii DOS S541 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
FIRST AMENDMENT TO CONDOMINIUM DECLARATION FOR HAMILTON COMMONS AT CUMBERLAND (A Condominium in Tyler, Smith County, Texas) \ THE STATE OF TEXAS § ENTS: § KNOW ALLMENB COUNTY OF SMITH § THIS FIRST AMENDMENT TO CONDOMINIUM LARA@§ON FOR ie COMMONS AT CUMBERLAND (this “First_Amendment’ of this $F day of December, 2011, by Mezayek Building, Ltd. (“Declaragtt’), whose is 112 E. Heritage Drive, Tyler, Texas 75703.
‘on Commons at Cumberland (the WHEREAS, the Condominium De ot a Istrument No. 2009-R00003362 in the “Declaration”) is dated January 27, 2009 a Official Public Records of Smith County, Tex’ WHEREAS, Declarant Section 6.4 and Article IV of Texas Property Code.
e Declaration pursuant to the provisions of pursuant to the provisions of Section 82.060 of the NOW, THEREF for in consideration of the premises, Declarant hereby amends the Declaration as follgwe 1; Pursuant to ions of Article IV of the Declaration, Phase 2 (as described in Exhibit “C-1- ed hereto), including all improvements, is hereby made a pat of ons at Cumberland condominium regime and shall hereafter be subject to , as amended, in addition to, and as fully and completely as, Phase 1.
Attamhed hereto as Exhibit “C-2-Phase 2” is the plat and plan for Phase 1 and Phase 2 of ton Commons at Cumberland.
3. As provided in Section 4.3 of the Declaration, the ownership of the common areas in Phase 1 and Phase 2, and the allocation of expenses of maintaining such common areas shall be
mons at Cumberland.
3. As provided in Section 4.3 of the Declaration, the ownership of the common areas in Phase 1 and Phase 2, and the allocation of expenses of maintaining such common areas shall be computed on a pro-rata basis using the percentages set forth in Exhibit “E-Phase 1 and 2” attached hereto and made a part hereof. The attached Exhibit “E-Phase | and 2” supersedes the Exhibit “E” attached to the Declaration.
4, The easements affecting Phase 1 and Phase 2 are listed on Exhibit “D” to the Declaration.
10.
11, 12.
13.
The definition of Common Elements in the Declaration is amended to include all of the property included in Phase 1 and Phase 2, and all of the improvements thereto and thereon located, excepting all Units, Common Elements shall consist of the General Common Elements and Limited Common Elements.
The term General Common Elements is amended to include reference to Phase 2, as described in Exhibit “C-1-Phase 2” attached hereto, as well as Phase 1.
attached hereto and the typical floor plans for Phase 2 Units attached hereto a 2”, Phase on and The terms Premises, Project, or Property are amended to include the | 1 and Phase 2, together with the Buildings and all improvements all rights, easements and appurtenances belonging thereto.
Declarant reserves with respect to Phase 2 the same rights are r ed by Declarant with respect to Phase 1 in the Declaration.
Unless otherwise expressly provided, terms defif¥gin the Declaration shall have the same meaning when used in this First Amendment.
To the extent of any conflict bet My, tt of the Declaration and this First Amendment, the provisions of this Firs e' it shall govern and control,
ve the same meaning when used in this First Amendment.
To the extent of any conflict bet My, tt of the Declaration and this First Amendment, the provisions of this Firs e' it shall govern and control, iC \ end or restate this First Amendment, to the extent claration or by applicable law, and to the extent required in is First Amendment, or to clarify any provision of this First s First Amendment conform to applicable law.
Except as herein express shall apply to Phase | Declarant reserv permitted or requiy order to correct Amendment e THIS IMENT is executed on the month, day and year first stated above.
MEZAYEK BUILDING, LTD., a Texas Limited Partnership, Acting By and Through Its General Partner, S.M. Mezayek, LLC Cac nas _eeyAlenl Ste appa pes -— STATE OF TEXAS COUNTY OF SMITH This instrument was acknowledged before me on the / Aas of December, 2011, by Sam Mezayek, President of S.M. Mezayek, LLC, general partner of Mezayek Building, Ltd., a Texas limited partnership, on behalf of said partnership. \ AFTER RECORDING James L, Hedrick 110 North College Plaza Tower, Suite Tyler, Texas 7, EXHIBIT “C-1-Phase 2” (Legal Description for Phase 2) SEE ATTACHED ee e Surveying Rikiizor * Mapping e Planning Company, Inc.
www.kikilgore.com Parcel 1 1.049 Acre Tract Hamilton Commons, Phase 2 Mary M. Long Survey, A-562 Job No. 200703 A of the Plat Records of Smith County, Texas, said 1.049 acre tract being described by metes and bounds as follows: Beginning at a 4” iron rod found for the Northeast corner, ons Phase I, a called 4.621 acre tract;
Records of Smith County, Texas, said 1.049 acre tract being described by metes and bounds as follows: Beginning at a 4” iron rod found for the Northeast corner, ons Phase I, a called 4.621 acre tract; THENCE South 87 degrees 56 minutes 08 seconds Vest, with Phase I a distance of 85.85 feet to a 1/2” iron rod set; h boundary line of said THENCE South 2 degrees 03 minutes 52 secon: said North boundary line of Phase I to a 1/9” zo ce of 19.93 feet continuing with THENCE South 87 degrees 56 minute with said North boundary line of@§haseffjo a col West, a distance of 48.72 feet continuing * iron rod set; THENCE South 2 degree ut seconds East, a distance of 81.48 feet continuing with said North boundary line aY/2” iron rod set; THENCE South 87 d with said North bo pnutes 08 seconds West, a distance of 68.67 feet continuing of Phase I to a 1/2” iron rod set; THENCE N ees 03 minutes 52 seconds West, a distance of 12.69 feet continuing with said N 10 of Phase I to a 1/2” iron rod set; T CE h 87 degrees 56 minutes 08 seconds West, a distance of 9.94 feet continuing with said dary line of Phase I to a 1/2” iron rod set; THENCE North 2 degrees 03 minutes 52 seconds West, a distance of 192.32 feet to a 1/2” iron rod set; THENCE North 87 degrees 56 minutes 08 seconds East, a distance of 78.61 feet to a 1/2” iron rod set; THENCE North 2 degrees 03 minutes 52 seconds West, a distance of 109.86 feet to a 1/2” iron rod set; THENCE North 87 degrees 56 minutes 08 seconds East, a distance of 134.56 feet to the PLACE OF BEGINNING containing 1.049 acres.
Bearing basis is the Texas State Plane Coordinate System, Grid North Central Zone, NAD 83, (feet), based on the 1993 adjustment of the NAD 83 System. The Reference Monument i@Station FAA TYRA.
acres.
Bearing basis is the Texas State Plane Coordinate System, Grid North Central Zone, NAD 83, (feet), based on the 1993 adjustment of the NAD 83 System. The Reference Monument i@Station FAA TYRA.
I, Roland Navarro, Registered Professional Land Surveyor No. 5876, Texas, d ce that the above field note description was prepared from an actual on-the-ground s urffer my direction and supervision during the month of May, 2008.
GIVEN UNDER MY HAND AND SEAL, This 30th day of Roland Navarro, R.P.L.S. 5876 200703 HamiltonPH2-revised(1.409ac)fn.doc EXHIBIT “C-2-Phase 2” (Plat and Plan for Phase I and Phase 2) SEE ATTACHED 3S ee 1206 29 1205 N02'25'29' W 789 89 N 02'26'29" W 355.38 30' wide Sanitary Sower Easement 204 203 1202 1201 29' Wide Private Driveway N 87°56'08" Е 1177.15 30' wide Sanitary Sower Easement 101 1403 1404 1501 1502 1503 Driveway Future Phases DRIVE-A Need Not Be Built N87'56'08'E 134.56 905 903 901 DRIVE-A 100.86 DRIVE-E 801 802 803 Bust Be Built 1.049 Acres 804 N8 78.61 71001 1002 1003 N 020 Phase 2 704 Phase L4 702 1103 1102 1101 701 9.94 337.71 17 301 302 303 504 401 503 7205 204 PMF Site Plan showing Hamilton Commons 121 Single Family Condos 19.52 Acre Tract Developed By: Mezayek Building Ltd.
Designed By: K.L. Kilgore & Co., Inc.
203 DRIVE-B 29' Wide de Private Driveway DRIVE402 502 403 501 404 LLS 16 60 9 213.48 29' Wide Private te Driveway DRIVE-D DRIVE-D DRIVE-A Clubhouse 02'03'52 442 35 604 cia Wide P o Drive yew DRIVE-E 28' Wide Private Drivendy 202 Phase 1 Must Be Built DRIVE-A Pardel 1 4.621 Acres 201 106 105 104 103 102 101 $ 8738'41" w 295.71 HOPE THE STEPCONOMYS TO THE SECTIONATHANE LAST MODIFIED MOVEMB OREL MOYORO JA 2019 127 81 Parcel 2 10.402 Acres N 02'57'22" W 176.02'
rdel 1 4.621 Acres 201 106 105 104 103 102 101 $ 8738'41" w 295.71 HOPE THE STEPCONOMYS TO THE SECTIONATHANE LAST MODIFIED MOVEMB OREL MOYORO JA 2019 127 81 Parcel 2 10.402 Acres N 02'57'22" W 176.02' 10001 DR 5.07 $ 87°52'40" w 700.01 61 Wide Private Driveway, S 02'57'22" E 174.56 100.00 Future Phases Need Not Be Built Wide Prate Driveway LINE DISTANCE BEARING L1 12.69 12 68.67 81,48 48,72 N 87°56′08 19.93 5 020332 E N 020352" w N OZO3'32" W 87-5608 E 85.05 N 875608 E CUMBERLAND ROAD 29' Wide iveway Private Drive DRIVE-A S 02'20'15" E 787,62 6.37 150 Rodive Sanitar od Eamt Tyfer PgB3 150.76 N0223'53' W 159.90 DESIGNCO BY Pa DRAM BY CHECK BR KLX CATE Apra 33, 2504 SCALE 50 • SURVEYING • PLANNING • ΜΑΡΡΙΝG PMF Site Plan Showing Hamilton Commons Mezayek Bullding Ltd.
Tyler, Smith County, Texos Company, Inc.
www.hikligere.com KLKilgore 6712 Palury Debre Tyler, Texas 75703 (403)881-7800 FAX (903)881-3784 GONG ROAARES COPATRACT MO 200/03 SHEET EXHIBIT “E-Phase I and 2” (Allocation Phase 1 and Phase 2) SEE ATTACHED A) Unit Size Plan Sq Ft 101 2/2/2 Dogwood 1,342 % of Ownership 2.5382% 102 3/2/2 Magnolia 1,695 3.2058% 103 3/2/2 Magnolia 1,695 3.2058% 104 3/2/2 Magnolia 1,695 3.2058% 105 3/2/2 Magnolia 1,695 3.2058% 106 2/2/2 Dogwood 1,342 2.5382% 201 2/2/2 Dogwood 202 3/2/2 Magnolia 203 3/2/2 Magnolia 204 3/2/2 Magnolia 205 2/2/2 Dogwood 301 2/2/2 Dogwood 302 3/2/2 Magnolia 303 2/2/2 Dogwood 401 2/2/2 Dogwood 402 3/2/2 Magnolia 403 3/2/2 Magnol 404 2/2/2 501 3/2/2 502 3/2/2 503 3/2/2 504 2/2/2 Dogwood cial Copy 1,342 2.53% 1,695 1,695 1,695 1,342 3.2058% 2.5382% 2.5382% 1,695 3.2058% 1,695 3.2058% 1,342 2.5382% 1,695 3.2058% 1,695 3.2058% 1,695 3.2058% 1,342 2.5382% 601 2/2/2 Dogwood 1,342 2.5382% 602 3/20 Magnolia 1,695 3.2058% 603 2/2
1,342 3.2058% 2.5382% 2.5382% 1,695 3.2058% 1,695 3.2058% 1,342 2.5382% 1,695 3.2058% 1,695 3.2058% 1,695 3.2058% 1,342 2.5382% 601 2/2/2 Dogwood 1,342 2.5382% 602 3/20 Magnolia 1,695 3.2058% 603 2/2 Magnolia 1,695 3.2058% 604 3/2/Delex Seqouia 1,960 3.7070% 701 2/2/2 Bradford 1,564 2.9580% 702 2/2/2 Bradford 1,564 2.9580% 2/2/2 Bradford 1,564 2.9580% 704 2/2/2 Dogwood 1,342 2.5382% 801 2/2/2 Dogwood 1,342 2.5382% 802 2/2/2 Bradford 1,564 2.9580% 803 2/2/2 Bradford 1,564 2.9580% 804 2/2/2 Bradford 1,564 2.9580% 52,873 100% EXHIBIT “F-2” (Typical Floor Plans for Phase 2) SEE ATTACHED Hi Filed For Record in: Smith Countyr Texas On Dec 08,2011 at 10:40A Receipt +: 598236 Recording: 72.00 Recordings Land Doc/Num 00053541 Doc/Type: Deputy Debbie Nicholas I hereby certify that this instrument was filed and duly recorded in the Official Records of Smith County, Texas Karen Phillips County Clerk Unofficial Copy