2024 - 30986 10/31/2024 08:37 AM Page 1 of 14 After Recording, Please Return To: Judd A. Austin, Esq.
Henry Oddo Austin & Fletcher, P.C.
1717 Main Street Suite 4600 oN Dallas, Texas 75201 CG° STATEOF TEXAS BAO COUNTY OF one .e) SECOND AMENDMENT TO COVENANT OF CONSTRUCTION, FENCE & USE RESTRICTIONS M3 RANCH INTRODUCTORY PROVISIONS WHEREAS, the Declaration of Covenants, Conditions & Restrictions for M3 Ranch was filed on January 29, 2021, as Instrument No. 2021-3445 in the Official Public Records of Johnson County, Texas (“Declaration”) by M3 Ranch Development, Inc., a Texas corporation (“Declarant”); and WHEREAS, the Declarant filed the M3 Ranch Covenant of Construction, Fence & Use Restrictions on January 29, 2021, as Instrument No. 2021-3452 in the Official Public Records of Johnson County, Texas (“Covenant”); and WHEREAS, the Covenant was Gor, virtue of that certain First Amendment to the Covenant of Construction, Benes e Restrictions, filed on November 24, 2021, as Instrument No. 2021-44751 int tial Public Records of Johnson County, Texas (“First Amendment’); and yy SECOND AMENDMENT TO COVENANT CONSTRUCTION, FEN NCE & USE RESTRICTIONS M3 RANCH Page 1 2024 - 30986 10/31/2024 08:37 AM Page 2 of 14 WHEREAS, the Covenant and First Amendment are collectively referred to as the “M3 Ranch Covenant’; and WHEREAS, the Declaration and M3 Rep covenant affect certain tracts or parcels of real property located in Mansfield, Rn Texas, more particularly described in the Declaration, as amende yoMented (“Addition”); and WHER QQ: Article 15, Section 15.4 of the Declaration and Article 4 of the M3 Ranch Covenant, the Declarant, during the Development Period, has the exclusive right to unilaterally amend, correct, supplement, and restate the M3 Ranch Covenant; and
aration and Article 4 of the M3 Ranch Covenant, the Declarant, during the Development Period, has the exclusive right to unilaterally amend, correct, supplement, and restate the M3 Ranch Covenant; and WHEREAS, the Development Period has not expired or lapsed; and WHEREAS, the following amendment to the M3 Ranch Covenant has been approved by the Declarant.
NOW, THEREFORE, the M3 Ranch Covenant is hereby amended by the Declarant and states as follows: . M3 Ranch Covenant, Part 3, Appendix A, Section 3.A.17 titled “Leasing of Homes”, is hereby deleted and amended to read, in its entirety, as follows: 3.A.17, [ -cupancy Restrictions. In order to preserve the quality of life of Owners, to promote the residential character of the subdivision, and the Leasing, as herein defined, of a Lot by responsible individuals, a Lot may only be Leased in accordance the following restrictions.
(a) Residential eho Each Lot shall be used and occupi. ingle-family, private residential purposes trade or business may be conducted in or a.
Ap Lot, except as permitted by this Section. For \" rposes of this Declaration, the phrases "singlefamily private residential use" and "residential purposes" are intended to prohibit rentals for any term less than twelve (12) months. Single-family private residential use shall not include either of the following: SECOND AMENDMENT TO COVENANT OF CONSTRUCTION, FENCE & USE RESTRICTIONS M3 RANCH Page 2 2024 - 30986 10/31/2024 08:37 AM Page 3 of 14 (i) operating a rooming or boarding house within a Lot, for any period of time; (ii) Leasing by the Owner of less than the entire Lot to others as a separate house-keeping unit, for any period of tim Upon acquiring OR interest in a Lot, the Owner may not Leate thed.ot until the expiration of twelve (12)
r of less than the entire Lot to others as a separate house-keeping unit, for any period of tim Upon acquiring OR interest in a Lot, the Owner may not Leate thed.ot until the expiration of twelve (12) months he date of recording the deed to the Lot.
i piration of the twelve (12) month period, the ee may lease the dwelling subject to the other terms “\ ontained in this Section. The goal is to preserve the \) community as one of predominantly owner-occupied dwellings. An Owner seeking to Lease his or her dwelling must notify the Board in writing of his or her desire to Lease the dwelling, and Owners may Lease on a first come, first serve basis. Upon the expiration of a lease term, the Owner of the dwelling must again notify the Board of his or her desire to renew the Lease on the dwelling. Existing Leases will be given first priority to renew ahead of new leases.
(dditional Definitions: (@ Effective Date - "Effective Date" shall mean the date an instrument containing this Section 3.A.17 is recorded in the Official Public Records of Johnson County, Texas.
(ii) Landlord - “Landlord" means the Owner Leasing a Lotto a third-party, even if that Owner has a management company that is in charge of Leasing and/or managing the Lot.
(iii) Lease - "Lease" includes any written or oral agreement between a dlord and a Tenant that establishes or mdi, terms, conditions or other provisions regakdi use and occupancy of the Lot and the duets ereon.
“CN sing - "Leasing" is defined as the regular, ‘ “\ clusive occupancy of a Lot by any person other than the Owner for which the Owner, or any designee of the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.
If the Lot is owned by a trust and the beneficiary of the
er, or any designee of the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.
If the Lot is owned by a trust and the beneficiary of the SECOND AMENDMENT TO COVENANT OF CONSFRUCTION, FENCE & USE RESTRI Page 3 2024 - 30986 10/31/2024 08:37 AM Page 4 of 14 trust is living in the dwelling, that Lot shall be considered Owner-occupied rather than Leased.
(v) Lessee - "Lessee" af be considered the same as Tenant for purposes of, claration.
(vi) 0 chase Agreements & Co ts for Deeds -* be considered the same as Leasing for the Declaration.
B QQ Renting - "Renting" shall be considered the same \) as Leasing for purposes of the Declaration.
(viii) Tenant - "Tenant" means the person(s) authorized by the Lease to occupy the Lot, which would include the named Lessee(s). There may be more tenants than Lessees for a Lot unless the context indicates otherwise.
(6) Registration, Compliance, and Notice of Intent to Lease.
Whenever the Owner of a Lot has received a bona fide offer to Lease the Lot and desires to accept such offer, the Owner Shall give the current management company written notice of the desire to accept such offer and submit a Tenant Information Form, attached hereto as Exhibit A, which will include, but is not limited to, the following information: @ The commencement date and term of the Lease; (ii) The make, model, and license plate number of each vehicle to be kept on the Property; (iii) The name, telephone number, email address, and current address of the prospective Lessee(s) and each - tf occupant (over age 18); (iv) The nurflbe 9d) rsons that will occupy the Lot; PN!
CNS 7 os written statement certifying that: (1) a criminal O background report has been obtained by the
) and each - tf occupant (over age 18); (iv) The nurflbe 9d) rsons that will occupy the Lot; PN!
CNS 7 os written statement certifying that: (1) a criminal O background report has been obtained by the yy Owner on each prospective adult occupant of the Lot and (2) that each prospective adult occupant of the Lot has not violated paragraph (c)(ii) and (ili) below.
SECOND AMENDMENT TO COVENANT OF “ONSTRUCTION, FENCE & USE RESTRICTIONS M3 RANC Page 4 2024 - 30986 10/31/2024 08:37 AM Page 5 of 14 The Association may charge a_ reasonable administration fee concerning the above as established by the Board and the Board is authorized to establish other such policies and Shoo deter to register Lease o determines.
arrangements as the ; OM aipancy, The total number of occupants allowed to reside in or occupy a Lot shall not yo? exceed the maximum number of occupants yoZ allowed in the Lot pursuant to any ordinance, code or regulation of the City of Mansfield or State of Texas.
(ii) Certain Criminals Prohibited. Owner may not Lease to or allow any person to reside in or occupy a Lot who has been convicted of any felony crimes involving violence, crimes against persons; use of firearms; sex crimes; illegal drugs; robbery; aggravated robbery; murder; criminal gang activity; discharge of firearms; gambling; manufacture, sale or use of drugs; manufacture or sale of alcoholic beverages; prostitution, theft; burglary; or larceny; or any crime involving a minor.
(iti) Sex Offenders Prohibited. Owners may not lease to or allow any person to reside in or occupy a dwelling who is a registered sex offender. For purposes of this Section 7.31, a "sex offender" is a person who is required to register as either a Level 3 (High) or Level 2 (Moderate) sex offender
y a dwelling who is a registered sex offender. For purposes of this Section 7.31, a "sex offender" is a person who is required to register as either a Level 3 (High) or Level 2 (Moderate) sex offender pursuant to Chapter 62 of the Texas Code of Criminal Procdy 1 pursuant to any other law of the Sta, ere or any municipal or county ont ney other state or federal law or 8 REQUIREMENTS DO NOT CONSTITUTE UARANTEE OR REPRESENTATION THAT LESSEES OR OCCUPANTS RESIDING WITHIN THE M3 RANCH SUBDIVISION HAVE NOT BEEN CONVICTED OF A CRIME OR ARE NOT SUBJECT TO DEFERRED ADJUDICATION FOR A CRIME.
SECOND AMENDMENT TO COVENANT OF CONSTRUCTION, FENCE s Page 5 2024 - 30986 10/31/2024 08:37 AM Page 6 of 14 (a) Rejection of Leas irectors. If the terms of the Lease and/or the Lessee(s) or occupants do not meet the standards and criteria described in this Section, then the Lease is rejected and the Board ghall notify the Owner, within ten (10) business days a e decision is rendered, in writing of the rejecgm Lease. Owners shall not Lease ide in the dwelling who does not meet to or allow anyofe t the standar riteria set out above.
* (e) Hy ip. Notwithstanding any provision to the contrary, oard shall be empowered to allow Leasing of one or \) more Lots, as determined solely by the Board, upon written application by an Owner to avoid undue hardship. By way of illustration and not by limitation, circumstances which would constitute undue hardship are those in which (i) an Owner must relocate and cannot, within ninety (90) days from the date the Lot was placed on the market, sell the Lot while offering it for sale at a reasonable price no greater than its current appraised market value; (ii) the Owner dies and the Lot is being administered by his or her estate; (iii)
ket, sell the Lot while offering it for sale at a reasonable price no greater than its current appraised market value; (ii) the Owner dies and the Lot is being administered by his or her estate; (iii) the Owner takes a leave of absence or temporarily relocates and intends to return to reside in the Lot; (iv) the Lot is to be Leased to a member of the Owner's immediate family, which shall be deemed to encompass children, grandchildren, grandparents, brothers, sisters, parents and spouses; ({v) deployment or activity military duty status in any branch of the United States of America military; or (vi) the Owner sells the Lot and enters into a rent or leaseback agreement for a period not to exceed ninety (90) days from the date of sale.
Those Owners who have demonstrated that the inability to Lease their Lot would result in undue hardship and have obtained the requisite approval of the Board may Lease their Lot for such duration as the Board reasonably determines is necessary to prevent undue hardship.
Requests for hardship ee” Shall be reviewed by the Board on acase-by@ G Owner acknowledges and agrees that or her Lot shall be deemed to contain the guage and that if such language is not expressly Ge ed in the Lease, then such language shall be \) itcorporated into the Lease by existence of this Section. In addition, the terms and requirements contained herein automatically become a part of any Lease and/or an addendum to the Lease. These provisions shall also be SECOND AMENDMENT TO COVENANT OF CONSTRUCTION, FEN RESTRICTIONS M3 RANCH Page 6 2024 - 30986 10/31/2024 08:37 AM Page 7 of 14 attached to any Lease as an addendum and again, are a part of the Lease regardless of whether or not physically attached to the Lease. Any Lessee, by occupancy of a Lot, agrees to the
AM Page 7 of 14 attached to any Lease as an addendum and again, are a part of the Lease regardless of whether or not physically attached to the Lease. Any Lessee, by occupancy of a Lot, agrees to the applicability of this Section and incorporation of the following language into coe Cox comply with all she Ss sof the Documents and control the conduct of all other owt occupants and guests of the Leased “\ Lot in order to ensure their compliance. Any violation of the Documents by the Lessee, any occupant, or any person living with the Lessee, is deemed to be a default under the terms of the Lease and authorizes the Owner to terminate the Lease without liability and to evict the Lessee in accordance with Texas law. The Owner hereby expressly delegates and assigns to the Association, acting through the Board, the power and authority of enforcement against the Lessee for breaches resulting from the violation of the Documents, including the authority to pursue _ eviction proceedings on behalf of the Owner.
(7) Compli, f pcuments. Each Owner shall cause all occupants of his or her Lot to comply with the Documents and shall be responsible for gif violations and all losses or damage resulting ty SNions by such occupants, mo tiih standing tN ti t such occupants of the Lot are o personally sanctioned for any ner shall provide the Lessee a copy of the n the event that the Lessee, or a person living e Lessee, violates the Documents for which a A yorrrion fine is imposed, such fine shall be assessed against the Owner. The Owner shall pay the violation fine(s) upon notice from the Association.
SECOND AMENDMENT TO COVENANT OE CONSTRUCTION, FENCE & USE RESTRICTIONS X Page 7 2024 - 30986 10/31/2024 08:37 AM Page 8 of 14 (h) Grandfathering. With respect to a dwelling which is subject to
iation.
SECOND AMENDMENT TO COVENANT OE CONSTRUCTION, FENCE & USE RESTRICTIONS X Page 7 2024 - 30986 10/31/2024 08:37 AM Page 8 of 14 (h) Grandfathering. With respect to a dwelling which is subject to a Lease as of the Effective Date, the Owner's must complete the Tenant Information Form. Notwithstanding this exemption for dwellings alreqdy subject to a Lease, upon termination, extension, or eh of that Lease, the Owner must comply “6 (i) Noncomplid, \ any Lease of a Lot entered into or rene the Effective Date, the Association shall have and authority to enforce this Section by any s available at law or in equity, including, but without \yX limitation, levying violation fines and filing suit for necessary damages, including injunctive relief. EACH OWNER HEREBY APPOINTS THE ASSOCIATION AS ITS ATTORNEY- IN-FACT FOR THE PURPOSE OF TAKING LEGAL ACTION TO DISPOSSESS OR OTHERWISE REMOVE THE OCCUPANTS FROM HIS OR HER DWELLING AS NECESSARY TO ENFORCE COMPLIANCE WITH THIS SECTION.
Each Owner shall fully and truthfully respond to any and all requests by the Association for information regarding the occupancy of his or her Lot which, in the sound business judgment of the Board, are reasonably necessary to monitor compliance with this this Section.
Notwithstanding any proposed fine stated in the Association's enforcement or fine policy, violations of this Section shall be levied as follows: o Initial fine of five hundred dollars ($500.00) o Subsequent daily fines of one hundred dollars ($100.00) levied no earlier than ten (10) days after the initial fine.
ALL O OY nn 4A TENANT INGORMATION FORM TO THE oe TION. FAILURE TO PROVIDE A Or, NANT INFORMATION FORM MAY SU, BJECT THE OWNER TO A VIOLATION FINE FOR NONCOMPLIANCE WITH THIS yo SECTION.
SECOND AMENDMENT TO COVENANT
TENANT INGORMATION FORM TO THE oe TION. FAILURE TO PROVIDE A Or, NANT INFORMATION FORM MAY SU, BJECT THE OWNER TO A VIOLATION FINE FOR NONCOMPLIANCE WITH THIS yo SECTION.
SECOND AMENDMENT TO COVENANT “ONSTRUCTION, FENCE & USE RESTRICTIONS M3 RA Page 8 2024 - 30986 10/31/2024 08:37 AM Page 9 of 14 @) Authority of Management To Act. The Board hereby authorizes and empowers the management company to do all such things and perform all such acts as are necessary to implement and effectuate “i purposes of this Section without further action ov ard.
(k) Binding Effect. Rhe' s and conditions of this Section shall bind all Ow luding their heirs, successors, transferees or 1 all Lots as defined in the Declaration, and the shall hereafter be held, occupied, transferred, and eyed subject to the terms and conditions of this Section.
The terms and provisions of the M3 Ranch Covenant, except as modified herein, are hereby declared to be in full force and effect with respect to the Addition. The Addition shall continue to be held, occupied, sold, and conveyed subject to the terms and conditions of the Declaration, the M3 Ranch Covenant, and this Second Amendment to the M3 Ranch Covenant which shall run with title to the Addition and are binding on all parties having any right, title or interest in and to the Addition or any part thereof, including their heirs, representatives, successors, transferees, and assigns, and shall inure to the benefit of each Owner thereof.
IN WITNESS WHEREOF, the Declarant has caused this Second Amendment to the M3 Ranch Covenant to be filed with the office of the Johnson County Clerk and is made to be effective as of the 30 day of OcHeloer 20 ay, [SIGNATURE PAGE TO I DIATELY FOLLOW] SECOND AMENDMENT TO COVENANT
h Covenant to be filed with the office of the Johnson County Clerk and is made to be effective as of the 30 day of OcHeloer 20 ay, [SIGNATURE PAGE TO I DIATELY FOLLOW] SECOND AMENDMENT TO COVENANT OF CON ¢ N FENCE SE RESTRICTIONS M3 RANCIE Page 9 2024 - 30986 10/31/2024 08:37 AM Page 10 of 14 DECLARANT: M3 RANCH DEVELOPMENT, INC., oF yO By: \G Ben Luedtke O Its: Executive Vice President STATE OF § § COUNTY OF TARRANT § personally appeared, Ben Luedtke, Executive Vice President of M3 Ranch Development, Inc., a Texas corporation, known to me to the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and the capacity therein expressed.
mA Sule, batcall Notary Public, State of Texds a Hi SANDI R. PUSTEJOVSKY fice My Notary ID # 223305 Be as Ae Expires January 30, 2027 2 He ag SS SECOND AMENDMENT TO cove N, FENCE & USE RESTRICTIONS M13 RANC Page 10 2024-30986 10/31/2024 08:37 AM Page 11 of 14 Unofficial Copy Exhibit A Unofficial Copy 2024 - 30986 10/31/2024 08:37 AM Page 12 of 14 M3 RANCH HOMEOWNERS ASSOCIATION TENANT INFORMATION SHEET PROPERTY ADDRESS: PRIMARY TERM BEGINS AND ENON LLOWS: * PROSPECTIVE TENA ME (FIRST, MIDDLE, LAST): IS THERE A oN cane IF YES: NAME (FIRST, MIDDLE, LAST): CONTACT INFORMATION FOR APPLICANT: E-MAIL: MOBILE PHONE: HOME PHONE: WORK PHONE: CONTACT INFORMATION FOR ADDITIONAL OCCUPANT: E-MAIL: MOBILE PHONE: HOME PHONE: WORK PHONE: NAME ALL OTHER PERSONS WHO WILL OCCUPY THE PROPERTY: NAME: RELATIONSHIP: AGE: NAME: RELATIONSHIP: AGE: NAME: RELATIONSHIP: AGE: LIST ALL VEHICLES TO BE PARKED ON THE PROPERTY: YEAR: MAKE: MODE LICENSE/STATE:
L OTHER PERSONS WHO WILL OCCUPY THE PROPERTY: NAME: RELATIONSHIP: AGE: NAME: RELATIONSHIP: AGE: NAME: RELATIONSHIP: AGE: LIST ALL VEHICLES TO BE PARKED ON THE PROPERTY: YEAR: MAKE: MODE LICENSE/STATE: YEAR: MAKE: Ge: LICENSE/STATE: yO YEAR: MAKE: MODEL: LICENSE/STATE: LIST HOUSEHOLD “\ E KEPT ON THE PROPERTY: TYPE and BREEDS WEIGHT: NEUTERED: DECLAWED: VACCINATION/SHOTS CURRENT: 2024 - 30986 10/31/2024 08:37 AM Page 13 of 14 ACKNOWLEDGEMENT & REPRESENTATION: (I) (2) (3) (4) (5) OWNER: DATE: Signing this Tenant Information Sheet, Owner affirms and acknowledges that he/she has, as part of the tenant selection process, performed necessary and appropriate due diligence inquiries as required by the Covenant of truction, Fence & Use Restrictions M3 Ranch (the “Covenant’) provisions on least Owner affirms and Pot hes (ead riminal background report for each prospective adult occupant of the Lot conducted and reviewed, and (ii) the prospective adult occupant(s) do not “sage (c) of the Covenant’s provisions on a tenant’s criminal N inals Prohibited. Owner may not lease to or allow any in to reside in or occupy a Residence who has been convicted of any elony crimes involving violence, crimes against persons; illegal use of firearms; sex crimes; illegal drugs; robbery; aggravated robbery; murder; criminal gang activity; illegal discharge of firearms; gambling; manufacture, sale or use of drugs; illegal manufacture or sale of alcoholic beverages; prostitution; theft; burglary; larceny; destruction of property; or any crime involving a minor.
Sex Offenders Prottibited. “Sex offenders”, as defined below, are prohibited from leasing, residing in or occupying any Residence and Owners are strictly prohibited from entering into any lease with or
ex Offenders Prottibited. “Sex offenders”, as defined below, are prohibited from leasing, residing in or occupying any Residence and Owners are strictly prohibited from entering into any lease with or allowing any sex offender to occupy or reside in a Residence.
Applicant represents that the statements in this Tenant Information Sheet are true and complete.
This Tenant Information Sheet shall not constitute a record of the Association and shall only be made available with the Owner’s written approval or a court orders the Association to release the information.
The decision to lease a Lot is solely the Owner’s decision and the receipt of information by the Association shall neither be construed or interpreted as the Association’s approval or consent of the tenant nor performance of any due diligence as to the tenant’s qualifications.
(signature) (print name) J mr———¢, 0?
‘ a (mailing addresgy G aN 2024-30986 10/31/2024 8:43 AM Page 14 of 14 Johnson County April Long Johnson County Clerk Instrument SOS 2024 - 30986 eR GPs, Property Oe RNY Amendment Recorded On: October 31, as, AM Number of Pages: 14 “ Examined and Charged as Follows: " Total Recording: $73.00 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: 2024 - 30986 oN Corporation Service Company Receipt Number: 20241031000004 CG° Recorded Date/Time: October 31, 2024 08:37 User: Cheryl W iv Station: CCLBO5 STATE OF TEXAS COUNTY OF JOHNSON Thereby certify that this Instrument was FILED In the File Number sequence on the date/time
ecorded Date/Time: October 31, 2024 08:37 User: Cheryl W iv Station: CCLBO5 STATE OF TEXAS COUNTY OF JOHNSON Thereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Johnson County, Texas.
April Long Johnson County Clerk Oph egy Johnson County, TX