SECOND AMENDMENT TO FILM CODE 00004363118 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 11.00 DOC. NO.
00045623 THE STATE OF TEXAS COUNTY OF TRAVIS sss OF LAS VENTANAS 1:15 PM 4935 11.00 INDX 3 3 05/23/88 19.09-CHK 456.23-000+ KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the undersigned are owners of more than eighty percent (80%) of the thirty-two (32) lots in the Planned Unit Development (not including the common area) known as LAS VENTANAS, which lots are more fully described as: Lots 1-5, NORTH CAT MOUNTAIN IV-LAS VENTANAS PLANNED UNIT DEVELOPMENT, an addition in Travis County, Texas, according to the map or plat of record in Volume 82, Pages 154-157, Plat Records of Travis County, Texas; and Lots 6-32, AMENDED PLAT OF NORTH CAT MOUNTAIN IV-A, LAS VENTANAS TWO PLANNED UNIT DEVELOPMENT, an addition in Travis County, Texas according to the map or plat of record in Volume 86, Pages 186B, 186C and 186D, Plat Records of Travis County, Texas (all of the property described above hereinafter referred to "Development"); and, as the Corporation, WHEREAS, Nash Phillips/Copus, Inc., a Texas heretofore filed that certain Declaration of Covenants, Conditions and Restrictions of record in Volume 9642, Page 369, Real Property Records of Travis County, Texas, together with a First Amendment thereto of record in Volume 9728, Page 135, Real Property Records of Travis County, Texas, which Declaration and Amendment (the "Declaration") imposes certain easements, covenants, restrictions and conditions on the Development; and, REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 10692 0502 i WHEREAS, Article X, Paragraph 10.3 a. of the Declaration allows amendments to said Declaration by an "instrument signed by owners of not less than 80% of the Lots..." and Paragraph 10.3 b. of the
02 i WHEREAS, Article X, Paragraph 10.3 a. of the Declaration allows amendments to said Declaration by an "instrument signed by owners of not less than 80% of the Lots..." and Paragraph 10.3 b. of the Declaration requires that "... any amendment hereto... to change the method of determining the obligations, assessments, dues or other charges which may be levied against a Lot Owner... [must] have the additional approval of sixty-seven percent (678) of the First Mortgagees..."; and, WHEREAS, as of the date of this instrument there are no First Mortgagees or liens on any of the thirty-two (32) lots in the Development; and, WHEREAS, First RepublicBank Austin, N.A., the owner of Lots 31 and 32, more fully described below, has agreed to restrict said lots to provide that only one single family residence shall be erected on the two lots; and, WHEREAS, the purchaser of said lots, as a condition of the purchase, requires this amendment; and, WHEREAS, the undersigned wish to amend the Declaration; NOW, THEREFORE, in consideration of the premises, the Declaration is amended as follows: 1. Notwithstanding Article I, Paragraph 1.5 of the Declaration, with regard to Lots 31 and 32, AMENDED PLAT OF NORTH CAT MOUNTAIN IV-A, LAS VENTANAS TWO PLANNED UNIT DEVELOPMENT, in Travis County, Texas, according to the map or plat thereof recorded in Book 86, Pages 186B, 186C and 186D, Plat Records of Travis County, Texas (hereinafter the "Property") said Property shall be considered one lot for all purposes of -2REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 10692 0503 the Declaration and specifically with regard to membership in Las Ventanas Owners Association, Inc. and with regard to voting rights.
2.
Notwithstanding Article IV of the Declaration providing
the Declaration and specifically with regard to membership in Las Ventanas Owners Association, Inc. and with regard to voting rights.
2.
Notwithstanding Article IV of the Declaration providing for various assessments or any other provisions of the Declaration, the owner of the Property shall be required to pay an assessment only on the basis of one lot in the Development.
3. Notwithstanding Article X, Paragraph 10.3 a. relating to amendments, the amendments to the Declaration numbered "l." and "2." above may not be amended except by an instrument signed by Owners of all of the lots in the Development.
4. First RepublicBank Austin, N.A., the Owner of the Property, hereby restricts the Property and the Declaration is hereby amended to provide that only a single-family residential unit may be constructed on the property.
Executed this 31st day of MARCH 1988.
FIRST REPUBLICRANK AUSTIN, N.A.
By Batoy Banking Officer Its Betsy A. Sargent Owner of Lots 8-29, 31 and 32 Bell B. Du BETH B. DENIUS, Owner of Lot 30 -3REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 10692 0504 FEDERATED SAVINGS AND LOAN ASSOCIATION BYand DANIEL E. Miller Its Executive Vice President Owner of Lot 4 а ERIC JONES Purchaser of Lot 4 THE STATE OF TEXAS COUNTY OF TRAVIS § This instrument was acknowledged before me on the 31 day of March, 1988 by BETSY SARGENT • BANKING OFFICER on behalf of FIRST REPUBLICBANK AUSTIN, N.A., a national banking association.
THERE WERE C JOANI T. GROOS Notary Public, State of Texas My Commission Expires 03-19-89 2 "Notary Public, State of Texas MY COMMISSION EXPIRES: (Printed name of Notary) THE STATE OF TEXAS § Ꮪ COUNTY OF TRAVIS § This instrument was acknowledged before me on the 1988 by Beth B. Denius.
day of March, Notary Public, State of Texas MY COMMISSION EXPIRES:
d name of Notary) THE STATE OF TEXAS § Ꮪ COUNTY OF TRAVIS § This instrument was acknowledged before me on the 1988 by Beth B. Denius.
day of March, Notary Public, State of Texas MY COMMISSION EXPIRES: (Printed name of Notary) NOTARY SEAL THE STATE OF TEXAS $ S COUNTY OF MCCULLOCHS This instrument was acknowledged before me on the 4th.
1988 by DANIEL E. MILLER day of APRIL behalf of EXECUTIVE VICE PRESOn Federated Savings and Loan Association.
REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 10692 0505 4 Jamesina So Notary Public, State of Texas MY COMMISSION EXPIRES: 7/26/90 Jamesina Solsbery (Printed name of Notary) i THE STATE OF TEXAS s § COUNTY OF TRAVIS $ This instrument was acknowledged before me on the 3/st day of March, 1988 by Eric Jones.
PUBLIC JOHN C. MILLER Hotary Public-State of Texas My Commission Expires 2-11-89 Dell Notary Public, State of Texas MY COMMISSION EXPIRES: (Printed name of Notary) FILED MAY 1933 23 PM 12:52 DAMA DE CEAUVOIR COUNTY CLERK TRAVIS COUNTY. TEXAS Return to: 704023/jl Security Title Co.
13915 Burnet Rd #200 Austin, TX 78728 STATE OF TEXAS COUNTY OF TRAVIS I hereby certify that this instrument was FILED the date and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the named RECORDS of Travis County, Texas, on MAY 23 1988 Lana Kubauen COUNTY CLERK TRAVIS COUNTY, TEXAS REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 106925 0506