Doc# 20200064178 03/25/2020 2:29PM Page 1 of 6 Lucy Adame-Clark, Bexar County Clerk SUPPLEMENTAL AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NOTTING HILL ANNEXING UNIT 7 STATE OF TEXAS § § COUNTY OF BEXAR § This Supplemental Amendment to the Declaration of Covenants, Conditions and Restrictions for Notting Hill, Annexing Unit 7 (the “Supplemental Amendment”) is made on the date hereinafter set forth by Castlerock Communities, L.P., a Texas limited partnership, hereinafter referred to as the “Declarant”.
WHEREAS, RCG&I NH, L.L.C., a Texas limited liability company, as the “Original Declarant” caused to be filed that certain Declaration of Covenants, Conditions and Restrictions for Notting Hill (the “Original Declaration”) recorded under Document No.
20170182571 in the Official Public Records of Bexar County, Texas, as same has been or may be amended and/or supplemented from time to time; and WHEREAS, the Original Declarant assigned all of its rights as Declarant in that certain Assignment of Declarant Rights recorded under Document No. 20170244016 in the Official Public Records of Bexar County, Texas; and WHEREAS, Declarant caused to be filed that certain First Amendment to the Declaration of Covenants, Conditions and Restrictions for Notting Hill (the “First Amendment”) recorded under Document Number 20180056003 in the Official Public Records of Real Property of Bexar County, Texas; and WHEREAS, Declarant caused to be filed that certain Second Amendment to the Declaration of Covenants, Conditions and Restrictions for Notting Hill (the “Second Amendment”) recorded under Document Number 20180218634 in the Official Public Records of Real Property of Bexar County, Texas; and
Covenants, Conditions and Restrictions for Notting Hill (the “Second Amendment”) recorded under Document Number 20180218634 in the Official Public Records of Real Property of Bexar County, Texas; and WHEREAS, Declarant caused to be filed that certain Third Amendment to the Declaration of Covenants, Conditions and Restrictions for Notting Hill (the “Third Amendment”) recorded under Document Number 20190132367 in the Official Public Records of Real Property of Bexar County, Texas; and WHEREAS, the Original Declaration, the First Amendment, the Second Amendment, and the Third Amendment are referred to herein collectively as the “Declaration”: and WHEREAS, Article [II of the Declaration grants the Declarant the exclusive right to annex any additional property into the Subdivision by the execution and filing for record of a Supplemental Amendment setting forth the property being annexed and/or the specific restrictions relating to such property; and Doc# 20200064178 03/25/2020 2:29PM Page 2 of 6 Lucy Adame-Clark, Bexar County Clerk WHEREAS, Declarant is the owner of certain property in Bexar County, Texas platted as Notting Hill Unit 7, a subdivision of 11.579 acres out of the Luke Bust Survey No. 63, Abstract 45, County Block No. 5089 (“Unit 7”), according to the map or plat thereof, filed under Document No. 20200052778, as same may have been or may be amended or re-platted from time to time (the “Unit 7 Plat”) in the Plat Records of Bexar County, Texas; and WHEREAS, reference is hereby made to the Declaration for all purposes, and any and all capitalized terms used herein shall have the meanings set forth in the Declaration, unless otherwise specified in this Supplemental Amendment; and WHEREAS, Declarant desires to make Unit 7 subject to the Declaration, to the
herein shall have the meanings set forth in the Declaration, unless otherwise specified in this Supplemental Amendment; and WHEREAS, Declarant desires to make Unit 7 subject to the Declaration, to the jurisdiction of the Association, and to the additional covenants, conditions and restrictions set forth in this Supplemental Amendment so as to impose mutually beneficial restrictions under a general plan of improvement for the benefit of all Owners of real property within the Subdivision.
NOW, THEREFORE, Declarant does hereby declare as follows: Unit 7 shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, restrictions, easements, charges and liens set forth in this Supplemental Amendment, in addition to those contained in the Declaration. Insofar as they affect Unit 7, all of the supplemental restrictions, covenants and requirements of this Supplemental Amendment shall form a part of the Declaration and be enforceable as provided in the Declaration. Declarant and the Association are hereby granted all powers, rights, authorities and responsibilities with respect to this Supplemental Amendment as are granted or reserved to each of them, respectively, under the Declaration.
Unit 7 shall be and is hereby made subject to the following notices, use limitations and restrictions in addition to those set forth m the Declaration and the following notices, use limitations and restrictions are hereby created as covenants running with title to all land (or the relevant specified portion or portions thereof) within Unit 7: Section 1. FENCES.
(a) Perimeter Fences: The following Perimeter Lots in Unit 7 shall have constructed thereon a Perimeter Fence to be installed by the Declarant and maintained by the Association, and
Section 1. FENCES.
(a) Perimeter Fences: The following Perimeter Lots in Unit 7 shall have constructed thereon a Perimeter Fence to be installed by the Declarant and maintained by the Association, and are subject to a maintenance easement created in the First Amendment which is situated within the boundaries of the Perimeter Lots, in favor of the Declarant and/or the Association in connection with the Declarant’s and/or the Association’s construction, repair, maintenance and replacement of the Perimeter Fence: Block7 Rear Lot line of Lots 12-20; side Lot lines of Lots 12, 20 Block 12 All or a portion of the side Lot lines of Lots 1, 11,14, 15, 18, 19 Block 13 All ora portion of the side Lot lines of Lots 1, 16 Block 14 Ali or a portion of the side Lot lines of Lots 1, 4 Doc# 20200064178 03/25/2020 2:29PM Page 3 of 6 Lucy Adame-Clark, Bexar County Clerk (b) Fences: Fences and their returns located on the side Lot lines facing Portobello Way Park, Emlyn Gardens, Grand Wester, Marylebone Avenue, and Belgravia Park may not be placed closer to the public right-of-way than the greater of ten (10) feet or a variable width clear vision easement shown on the Unit 7 Plat. Fencing facing an existing or proposed street or other right-of-way, including the side yard return to the residence, must have slats facing the street or public right-of-way, be 2” x 6” capped with 1” x 4” stringer and be stained with “Behr #501 SemiTransparent Cedar Tone” or other similar color from another manufacturer approved by the ARC.
All other fencing must be “good neighbor fencing”.
Section 3. SQUARE FOOTAGE, The living area of Dwellings in Unit 7 (exclusive of open or screened porches, terraces, garages, and non air-conditioned areas) shall be not less than One Thousand One Hundred
tion 3. SQUARE FOOTAGE, The living area of Dwellings in Unit 7 (exclusive of open or screened porches, terraces, garages, and non air-conditioned areas) shall be not less than One Thousand One Hundred (1100) square feet for all Dwellings.
Section4. AMENDMENT, This Supplemental Amendment may be amended pursuant to the amendment provisions set forth in the Declaration.
SectionS. AGREEMENT.
Each Owner of a Lot in Unit 7 by such Owner's claim or assertion of ownership or by accepting a deed to any such portion of the land in Unit 7, whether or not it shall be so expressed in such deed, is hereby conclusively deemed to covenant and agree, as a covenant running with title to such Lot, to accept and abide by this Supplemental Amendment as well as all restrictions, obligations, requirements and liabilities set forth in the Declaration.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Doc# 20200064178 03/25/2020 2:29PM Page 4 of 6 Lucy Adame-Clark, Bexar County Clerk IN WITNESS WHEREOF, the undersigned Declarant has executed this Supplemental Amendment to the Declaration of Covenants, Conditions and Restrictions for Notting Hill, Annexing Unit 7 this 70" day of_WAectt , 2020.
DECLARANT: CASTLEROCK COMMUNITIES, L.P., a Texas limited partnership By: YW Holdings, L.L.C., a Texas limited liability company, its general partner > — KIRK BREITENWISCHER, Vice President STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared KIRK BREITENWISCHER, the Vice President of Y.W. HOLDINGS, L.L.C., a Texas limited liability company, the general partner of CASTLEROCK COMMUNITIES, L.P., a Texas limited partnership, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that
ability company, the general partner of CASTLEROCK COMMUNITIES, L.P., 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 herein expressed and in the capacity herein expressed.
ANGELA LUNA OROZCO My Commission Expires June 18, 2023 Doc# 20200064178 03/25/2020 2:29PM Page 5 of 6 Lucy Adame-Clark, Bexar County Clerk LIENHOLDER CONSENT AND SUBORDINATION Texas Capital Bank, N.A., 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 Declaration), 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 Declaration). 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 March 23 , 2020.
Print Name: Carolynn Alexander _ Title: SvP STATE OF TEXAS § § COUNTY OF HARRIS § ed
joinder herein being solely limited to such consent and subordination.
SIGNED AND EXECUTED THIS on March 23 , 2020.
Print Name: Carolynn Alexander _ Title: SvP STATE OF TEXAS § § COUNTY OF HARRIS § ed This ann A was vey before me on the 23 day of arc 2020, by A , the y of Texas Capital Bank N.A., aw behalf of said entity.
Seedy, TIFFANY WEBER i otary Public, State of Texas SAM Comm. Expires 05-25-2021 z for Notary ID 131145358 File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20200064178 Recorded Date: March 25, 2020 Recorded Time: 2:29 PM Total Pages: 6 Total Fees: $42.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was eFILED tn File Number Sequence on this date and at the time stamped hereon by me and was duly ERECORDED in the Official Public Record of Bexar County, Texas on: 3/25/2020 2:29 PM Lucy Adame-Clark Bexar County Clerk