DOC #2024002548 Pages 10 SUPPLEMENTAL AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MILL CREEK TRAILS MILL CREEK NORTH SECTION 3 After Recording, Return To: Lisa L. Gambrell Isabella L. Vickers Roberts Markel Weinberg Butler Hailey PC 2800 Post Oak Boulevard, 57th Floor Houston, Texas 77056 Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
SUPPLEMENTAL AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MILL CREEK TRAILS MILL CREEK NORTH SECTION 3 STATE OF TEXAS COUNTY OF MONTGOMERY 88 § This Supplemental Amendment to the Declaration of Covenants, Conditions and Restrictions for Mill Creek Trails, Mill Creek North Section 3 (this "Supplemental Amendment") is made by Mill Creek South Development Ltd, a Texas limited partnership ("Declarant"), with the joinder of 282 Mill Creek Farm, Ltd., a Texas limited partnership ("282 Mill Creek Farm"), and Southeast Regional Management District ("Management District").
RECITALS: Declarant filed that certain Declaration of Covenants, Conditions and Restrictions for Mill Creek Trails under Clerk's File No. 2020020211 in the Official Public Records of Montgomery County, Texas, as same has been or may be amended and supplemented from time to time (the "Declaration").
Pursuant to Article III of the Declaration, Declarant reserved the exclusive right to annex additional property into Mill Creek Trails and to subject said property to the Declaration and to the jurisdiction of Mill Creek Trails Community Association, Inc. (the "Association").
Pursuant to the terms of Article III of the Declaration, Declarant may subject additional property to supplemental restrictions that apply only to the real property being annexed and may
ssociation").
Pursuant to the terms of Article III of the Declaration, Declarant may subject additional property to supplemental restrictions that apply only to the real property being annexed and may create exceptions to, or otherwise modify, the terms of the Declaration in order to reflect the different or unique character and intended use of such annexed real property.
282 Mill Creek Farm and Management District are the owners of certain real property commonly referred to as Mill Creek North Sec 3, as shown on the map or plat thereof, recorded under Clerk's File Number 2023082729 in the Plat Records of Montgomery County, Texas ( "North Section 3 ").
Reference is made to the Declaration for all purposes, and the capitalized terms used in this Supplemental Amendment have the meanings set forth in the Declaration, unless otherwise specified in this Supplemental Amendment.
SUPPLEMENTAL AMENDMENT: Pursuant to the powers retained by Declarant in the Declaration, Declarant annexes North Section 3 into Mill Creek Trails. North Section 3 will carry with it all the rights, privileges, and obligations granted to the Property initially encumbered by the Declaration, including, but not limited to, the right to be annexed, and is annexed into the body of the Property subject to the Declaration and submitted to the jurisdiction of the Association. North Section 3 will be held, transferred, sold, conveyed, used, and occupied subject to the covenants, Assessments, restrictions, Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
2 easements, charges, and liens set forth in the Dedicatory Instruments, including, but not limited to, the Declaration and this Supplemental Amendment.
1. Notices
tler Hailey PC, all rights reserved.
2 easements, charges, and liens set forth in the Dedicatory Instruments, including, but not limited to, the Declaration and this Supplemental Amendment.
1. Notices Owners and Occupants of Lots within North Section 3 are advised that the following conditions exist or may exist within or near the Property, including North Section 3 (collectively referred to as the "Conditions"): 1.
2.
A number of manmade, natural, and environmentally sensitive areas may exist within or in proximity to the Property, including North Section 3, and these areas may serve as habitats for a variety of native plants and wildlife, including, without limitation, insects, alligators, bobcats, wild hogs, coyotes, venomous and nonvenomous snakes and other reptiles, deer, armadillos, and other animals, some of which may pose hazards to persons or pets coming in contact with them.
Reserve areas exists throughout North Section 3, including the following restricted reserves within North Section 3: Restricted Reserves A, C, D, E, F, G, H, and J, restricted in their use to landscape, open space, and utilities purposes; and Restricted Reserve B, restricted in its use to drainage, landscape, open space, and utilities purposes.
3.
One or more lakes and detention areas exist or may exist either in proximity to or within the Property, including Restricted Reserve B within North Section 3. One or more fountains have been or may be installed in the lakes and detention areas.
4.
Adjacent land that is not owned by the Association or Declarant exists in proximity to North Section 3, outside of the platted area.
5.
Portions of North Section 3 lie within the Federal Emergency Management Agency (FEMA) floodway zone "AE", Flood Zone "AE", Shaded Zone "X", and Unshaded
orth Section 3, outside of the platted area.
5.
Portions of North Section 3 lie within the Federal Emergency Management Agency (FEMA) floodway zone "AE", Flood Zone "AE", Shaded Zone "X", and Unshaded Zone "X", as noted on the plat for North Section 3.
6.
Surrounding uses and conditions exist or may exist within or in proximity to the Property, including commercial uses (which may include, but are not limited to, hotels, conference centers, restaurants, urban shopping centers and markets, medical and institutional facilities, large corporate campuses, multifamily uses, school sites, as well as land that is not owned by Declarant or the Association).
7.
A Quadvest, LP wastewater treatment plant, more particularly described by that instrument recorded under Montgomery County Clerk's File Number 2021004253, exists or may exist in proximity to North Section 3, outside of the platted area.
8.
A wastewater treatment plant buffer easement, more particularly described by that instrument recorded under Montgomery County Clerk's File Number 2021002227, exists or may exist within or in proximity to North Section 3.
Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
3 Owners and Occupants are advised that there may be potentially dangerous conditions that exist within or near portions of North Section 3, such as, by way of illustration and not limitation, the following: holes, streams, roots, stumps, ditches, gullies, flooding, standing water, erosion, instability of natural topography, insects, reptiles, and animals. It is possible for some or all of these conditions to extend into the Lots within North Section 3. Each Owner and Occupant of any Lot, and every person entering North Section 3 (i) acknowledges that there are plants and wildlife
ll of these conditions to extend into the Lots within North Section 3. Each Owner and Occupant of any Lot, and every person entering North Section 3 (i) acknowledges that there are plants and wildlife that are indigenous to the area and are not restrained or restricted in their movements within or throughout North Section 3; and (ii) assumes all risk of personal injury arising from the presence of such plants and wildlife within North Section 3. Neither the Association, Declarant, any successor declarant, nor the members, partners, affiliates, officers, directors, agents, or employees of any of the foregoing have any duty to take action to control, remove, or eradicate any plant or wildlife in the Property, nor are they liable for any injury resulting from the presence, movement, or propagation of any plant or wildlife within or throughout the Property.
OWNERS AND OCCUPANTS OF LOTS WITHIN NORTH SECTION 3 AGREE TO HOLD HARMLESS DECLARANT AND THE ASSOCIATION, INCLUDING THEIR RESPECTIVE DIRECTORS AND OFFICERS, AND RELEASE THEM FROM ANY LIABILITY FOR THE EXISTENCE, PLACEMENT, CONSTRUCTION, DESIGN, OPERATION, REPLACEMENT, AND MAINTENANCE OF THE CONDITIONS AND AGREE TO INDEMNIFY SUCH RELEASED PARTIES FROM ALL LIABILITY RELATED TO SUCH OWNER'S OR OCCUPANT'S USE OF, OR PROXIMITY TO, THE CONDITIONS.
Each Owner and Occupant of a Lot within North Section 3 acknowledges and understands that the Association, its Board, and Declarant are not insurers and that each Owner and Occupant assumes all risks for loss or damage to persons and property. Each Owner and Occupant of a Lot within North Section 3 further acknowledges that the Association, its directors, officers, managers, agents, and employees, Declarant, and any successor declarant have made no representations or
a Lot within North Section 3 further acknowledges that the Association, its directors, officers, managers, agents, and employees, Declarant, and any successor declarant have made no representations or warranties, nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to safety, any use, or any future change in use of the Conditions.
Owners of Lots within North Section 3 grant an easement to Declarant and the Association, including their respective designees, for any incidental noise, water, lighting, odors, parking, overspray from fountains, visibility, and traffic that may occur due to the Conditions. There is further reserved for Declarant, the Association, and their designees an easement to the extent necessary over portions of Lots located in proximity to the Conditions for water and overspray of any products used to control vegetation within the Conditions.
Declarant and the Association are not responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of the Conditions within the Property.
Owners and Occupants of Lots that are located in proximity to the Conditions must take care and may not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards, or any other foreign matters to infiltrate the Conditions. ANY OWNER OR OCCUPANT PERMITTING OR CAUSING SUCH INFILTRATION MUST INDEMNIFY AND HOLD HARMLESS THE ASSOCIATION, INCLUDING ITS DIRECTORS AND Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
4 OFFICERS, FOR ALL COSTS OF CLEAN UP AND REMEDIATION NECESSARY TO RESTORE THE CONDITIONS TO THEIR CONDITION IMMEDIATELY PRIOR TO ANY SUCH INFILTRATION.
2.
Fencing
tler Hailey PC, all rights reserved.
4 OFFICERS, FOR ALL COSTS OF CLEAN UP AND REMEDIATION NECESSARY TO RESTORE THE CONDITIONS TO THEIR CONDITION IMMEDIATELY PRIOR TO ANY SUCH INFILTRATION.
2.
Fencing Community Fences have been or will be constructed on or adjacent to those portions of the following Lots within North Section 3: a.
A portion of the most easterly side Lot lines of Lots 1 and 67, Block 1; b.
The rear Lot lines of Lots 1-34 and 38-67, Block 1; c.
A portion of the most northerly side Lot lines of Lots 13 and 29, Block 1; d.
A portion of the most southerly side Lot lines of Lots 14 and 30, Block 1; e.
A portion of the rear Lot line of Lot 35, Block 1; f.
A portion of the most northerly side Lot line of Lot 1, Block 2; g.
A portion of the most easterly side Lot lines of Lots 1, 11, and 12, Block 3; h.
A portion of the most southerly side Lot lines of Lots 21 and 29, Block 3; i.
A portion of the most northerly side Lot line of Lot 22, Block 3; and j.
The rear lot lines of Lots 16-29, Block 3.
Such Lots are considered Adjacent Lots and are subject to the provisions in the Declaration pertaining to Community Fences (as those terms are defined in the Declaration). Declarant, the Association, or the Community Fence owner, as applicable, have an easement on the Adjacent Lots for the installation, maintenance, repair, or replacement of the Community Fences, as more particularly described in the Declaration.
Save and except the fencing noted above, all other fencing located upon the Lots within North Section 3 must be installed, maintained, repaired, and replaced in accordance with the Dedicatory Instruments.
3.
Amendment This Supplemental Amendment may only be amended as provided in Article XV of the Declaration.
installed, maintained, repaired, and replaced in accordance with the Dedicatory Instruments.
3.
Amendment This Supplemental Amendment may only be amended as provided in Article XV of the Declaration.
Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
5 IN WITNESS WHEREOF, this Supplemental Amendment to the Declaration of Covenants, Conditions and Restrictions for Mill Creek Trails, Mill Creek North Section 3, is executed as of the 4th day of JANUARY, 2024.
DECLARANT: MILL CREEK SOUTH DEVELOPMENT LTD, a Texas limited partnership By: TOPRAK, INC, a Texas corporation its general partner STATE OF Texas COUNTY OF Montgomery By: Print Name: Title: AHMET OLAN PRESIDENT § § BEFORE ME, the undersigned authority, on this day personally appeared Ahmet Ozan the President of TOPRAK, INC, the general partner of MILL CREEK SOUTH DEVELOPMENT LTD, a Texas limited partnership, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes and in the capacity expressed in this instrument.
2024.
OF GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 4 day of January, Notary Public - State of Texas Notary LUISA FERNANDEZ Notary ID #132209420 MOTARY PUBLI ☑ My Commission Expires STATE OF TE October 11.2027 Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
6 JOINDER BY 282 MILL CREEK FARM IN WITNESS WHEREOF, the undersigned 282 Mill Creek Farm joins this Supplemental Amendment to the Declaration of Covenants, Conditions and Restrictions for Mill Creek Trails, Mill Creek North Section 3, this the 4th day of JANDARY, 2024.
282 MILL CREEK FARM, LTD., a Texas limited partnership By: TOPRAK, INC, a Texas corporation its general partner By Print Name: Title:
ls, Mill Creek North Section 3, this the 4th day of JANDARY, 2024.
282 MILL CREEK FARM, LTD., a Texas limited partnership By: TOPRAK, INC, a Texas corporation its general partner By Print Name: Title: AHMET OWL PRESIDENT § STATE OF Texas COUNTY OF Montgomery BEFORE ME, the undersigned authority, on this day personally appeared Ahmet Ozan, the President of TOPRAK, INC, the general partner of 282 MILL CREEK FARM, LTD, a Texas limited partnership, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes and in the capacity expressed in this instrument.
2024.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 4th day of Janvary, NOTARY PUBLI DATE OF TEXAS LUISA FERNANDEZ Notary ID #132209420 My Commission Expir October 11, 202 OTARY PUBLIC STATE OF T LUISA FERNANDEZ Notary ID #132209420 My Commission Expires October 11, 2027 Notary Public - State of Texas Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
7 JOINDER BY MANAGEMENT DISTRICT IN WITNESS WHEREOF, the undersigned Management District joins this Supplemental Amendment to the Declaration of Covenants, Conditions and Restrictions for Mill Creek Trails, Mill Creck North Section 3, this the 9 day of JANDARY.2024.
SOUTHEAST REGIONAL MANAGEMENT DISTRICT By: ell de u Print Name: KENDRICK A. JAVES Title: DENT STATE OF Texas § COUNTY OF Montgomerys BEFORE ME, the undersigned authority, on this day personally appeared Kendrick James the President of SOUTHEAST REGIONAL MANAGEMENT DISTRICT, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes and in the capacity expressed in this instrument.
2024.
T, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes and in the capacity expressed in this instrument.
2024.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of January.
NOTARY PUBLI STATE OF TEXAS LUISA FERNANDEZ Notary ID #132209420 My Commission Expires October 11, 2027 Notary Public State of Texas Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
8 LIENHOLDER CONSENT AND SUBORDINATION First Continental Investment Co., Ltd., a Texas limited partnership, being the sole beneficiary of a mortgage lien and other liens, assignments and security interests encumbering all or a portion of the property hereby consents to the terms and provisions of this Supplemental Amendment to which this Lienholder Consent and Subordination is attached and acknowledges that the execution thereof does not constitute a default under the lien document or any other document executed in connection with or as security for the indebtedness above described, and subordinates the liens of the lien document and any other liens and/or security instruments securing said indebtedness to said Supplemental Amendment (and the covenants, conditions and restrictions in the Supplemental Amendment), and acknowledges and agrees that a foreclosure of said liens and/or security interests shall not extinguish this Supplemental Amendment (or the covenants, conditions and restrictions in the Supplemental Amendment). No warranties of title are hereby made by lienholder, lienholder's joinder herein being solely limited to such consent and subordination.
SIGNED AND EXECUTED THIS on STATE OF TEXAS § COUNTY OF Harris § 2024, by Jeff Corbet January 4th 2024.
FIRST CONTINENTAL INVESTMENT
inder herein being solely limited to such consent and subordination.
SIGNED AND EXECUTED THIS on STATE OF TEXAS § COUNTY OF Harris § 2024, by Jeff Corbet January 4th 2024.
FIRST CONTINENTAL INVESTMENT CO., LTD., a Texas limited partnership By: Aulett Print Name: Jeff Corbett Title: Executive Vice President This instrument was acknowledged before me on the 4 day of January the Executive Vice President of First Continental Investment Co., Ltd., on behalf of said entity.
OTARY PUBLA Notary ID #126836003 KRISTI KERSHAW TATE OF TEXA My Commission Expires May 25, 2025 Brith Keshaw Notary Public - State of Texas Copyright© 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
9 E-FILED FOR RECORD 01/09/2024 COUNTY COU MONTGOMERY COUNTY.
* TEXAS 10:36AM L. Brandon Steinmann County Clerk, Montgomery County, Texas Doc #: 2024002548 Pages 10 STATE OF TEXAS, COUNTY OF MONTGOMERY I hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
01/09/2024 COUNTY COURT MONTGOMERY COUNTY.
* EXAS L. Brandon Steinmann County Clerk, Montgomery County, Texas