SIXTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PALM BEACH ESTATES STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF MONTGOMERY § This Amendment to the Restrictions for Palm Beach Estates, is executed on the date hereinafter set forth by PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC.
WITNESSETH: WHEREAS, PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC. (the Association”) is the property owners association (as that term is used and defined in Section 202.001 of the TEXAS PROPERTY CopDE) for Palm Beach Estates, a subdivision in Montgomery County, Texas, according to the maps or plats thereof recorded in Cabinet K, Sheets 184-185, of the Map Records of Montgomery County, Texas (hereinafter referred to as the “Subdivision”); and WHEREAS, the Subdivision is subject to certain covenants, conditions and restrictions as set out in that certain instrument entitled Declaration of Covenants, Conditions and Restrictions for Palm Beach Estates (the “Declaration’”), of record under Clerk’s File No. 9856407 of the Official Public Records of Real Property of Montgomery County, Texas; and amended under Clerk’s File Nos.
9870474, 2000-075066 and 2001-001555 of the Official Public Records of Real Property of Montgomery County, Texas; and WHEREAS, Section 209.0041 of the TEXAS PROPERTY CODE provides that unless the restrictive covenants applicable to a subdivision provides for a lower percentage, restrictive covenants may be amended only by a vote of sixty-seven percent (67%) of the total votes allocated to the property owners entitled to vote on the amendment; and WHEREAS, the property owners having the requisite number of votes in the Association desire to amend the Declaration and have approved this Amendment and voted to amend the
vote on the amendment; and WHEREAS, the property owners having the requisite number of votes in the Association desire to amend the Declaration and have approved this Amendment and voted to amend the Declaration as herein provided; NOW THEREFORE, in consideration of the premises and pursuant to the authority of Section 209.0041 of the TEXAS PROPERTY Cope, the property owners in the Subdivision, acting by and through the Association, adopt, reaffirm and ratify the following amendment and modification to the Declaration and declare that such amendment shall become effective when this instrument, accompanied by the attached Certificate, is filed for record in the Real Property Records of Montgomery County, Texas, to-wit: L. Article III, Section 3.01 (a), Section 3.02 (g), Section 3.22 and Section 3.24 is hereby amended which shall read as follows: 6th Amendment to Restrictions--06-26-2017.wpd Page | of 4 Section 3.01 (a) Single Family Residential Construction and Use. No building shall be erected, altered, placed or permitted to remain on any Lot or Composite Building Site other than one dwelling unit ("Dwelling") per each Lot or Building Site to be used solely for residential purposes except that one guest/servants house may be built provided said guest/servants house must contain a minimum of 500 square feet and be built after or while the main dwelling is being built. Detached garages, work shops and boathouses may be constructed on the property contemporaneously with or after the main dwelling being built, so long as they are in good construction, in harmony of external design with the main dwelling, kept in good repair, and are not used for residential purposes.
Section 3.02 (g) Installation of fences, landscape features or shrubbery within one hundred
y of external design with the main dwelling, kept in good repair, and are not used for residential purposes.
Section 3.02 (g) Installation of fences, landscape features or shrubbery within one hundred and fifty feet (150’) of the rear property line must have written approval from the Architectural Control Committee.
Section 3.22 Boat Lifts, Boat Slips, Boathouses.
(a) Boat lifts must be installed and used in conjunction with a boat slip or boathouse.
Leasing of waterfront space, other than in conjunction with leasing of the Lot which if serves, whether for money or other remuneration of any kind, is prohibited.
(b) All boat slips must be cut into the Lot. Boat slips are not subject to side set back lines and may be within 15 feet of the side property line.
(c) No more than one (1) boathouse shall be allowed in connection with any single building site. A flat roof boathouse may not exceed fourteen (14') feet in height from the level of the bulkhead (including any deck and handrail). A pitched roof boathouse may not exceed eighteen (18') in height from the level of the bulkhead. The width of any boathouse may not exceed thirty (30%) percent of the width of the total linear feet of waterfront bulkhead owned, regardless of the number of lots owned by the owner. No boathouse will include a second level or second story of any kind.
(d) Boat slips and boathouse plans must be submitted to the Architectural Control Committee. Construction of a boat slip or boathouse must not be started until written approval is received from the Architectural Control Committee and construction must conform to the plans approved by the Committee. Any bulkhead, boat slip, boat lift or boathouse must also be approved by the San Jacinto River Authority and must be in compliance with local
ction must conform to the plans approved by the Committee. Any bulkhead, boat slip, boat lift or boathouse must also be approved by the San Jacinto River Authority and must be in compliance with local ordinances, if any.
Section 3.24 Boat Covers and Canopies. All boat covers must be custom fitted. The use of tarps or other loose fitting materials as boat covers is prohibited. Canopies may not exceed ten (10') feet in height from the level of the bulkhead. Canopy plans must be submitted to the Architectural Control Committee. Construction or installation must not be started until written approval is received from the Architectural Control Committee and construction must conform to the plans approved by the Committee.
2 Except as specifically amended and modified herein, the Declaration shall remain in full force and effect as originally written.
3. Attached to this instrument and specifically made a part hereof is a Certificate, signed by the President and Secretary of the Association, certifying that the Owners having at least sixty-seven percent (67%) of the total votes allocated to the property owners entitled to vote on the amendment 6th Amendment to Restrictions--06-26-2017.wpd Page 2 of 4 have voted in favor of and approved this amendment, along with the ballots reflecting said approval of the amendment, attached as Exhibit “A”.
6th Amendment to Restrictions--06-26-2017.wpd Page 3 of 4 IN WITNESS WHEREOF, the Association has executed this Fifth Amendment to the Declargtion of Covenants, Conditions and Restrictions for Palm Beach Estates, this day of PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC.
Bitt/Way sident ATTEST: tthe MEL Pye, Secretary STATE OF TEXAS § COUNTY OF MONTGOMERY §
strictions for Palm Beach Estates, this day of PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC.
Bitt/Way sident ATTEST: tthe MEL Pye, Secretary STATE OF TEXAS § COUNTY OF MONTGOMERY § This instrument was acknowledged before me on the /f day of if . , 2017, by BILL Way, President of PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC., a Texas > nonprofit corporation, on behalf of said corporation.
! le, RONDA K. SMITH / ‘ er mee Notary Public, State of Texas Le.
2 ic - State of Texas Comm. Expires 04-03-2021 Notary 1D 7802210 Notary Public Whey 4, Re yS2.N wt STATE OF TEXAS § § COUNTY OF MONTGOMERY § De ,auli, , INC., a Texas This instrument was acknowledged before me on the Lf day of by MEL Pye, Secretary of PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATI nonprofit corporation, on behalf of said corporation.
Sey, RONDA K. SMITH lar te % Notary Public, State of Texas Notary Bublio “State de Tex re = Comm. Expires 04-03-2021 SF Notary 1D 7802210 SS SY = = 3 “~) s e an “a ENS 6th Amendment to Restrictions--06-26-2017.wpd Page 4 of 4 CERTIFICATE The undersigned President and Secretary, respectively, certify that, as required by Section 209.0041 of the Texas PROPERTY Cope, the foregoing Fifth Amendment to the Declaration of Covenants, Conditions and Restrictions for Palm Beach Estates, has been approved by a vote of at least sixty-seven percent (67%) of the total votes allocated to the property owners entitled to vote on the amendment, in PALM BEACH ESTATES.
Dated: if geet 7 BI y,#Pfesident Dated: yy V, fald PLL MEL PyE, Secretary STATE OF TEXAS § : COUNTY OF MONTGOMERY § This instrument was acknowledged before me on the [i day of Ay , 2017, by If , President of PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC.,
E, Secretary STATE OF TEXAS § : COUNTY OF MONTGOMERY § This instrument was acknowledged before me on the [i day of Ay , 2017, by If , President of PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC., a Texas norfprofit corporation, on behalf of said corporation.
ob Notary Public - State of Texas RONDA K. SMITH Notary Public, State of Texas I aoe RS Notary 1D 7802210 TUAW ep 42, rasa ebay, SS° No’ ATs Ase OTT STATE OF TEXAS § § COUNTY OF MONTGOMERY § This instrument was acknowledged before me on the l| day of dy i , 2017, by MEL Pye, Secretary of PALM BEACH ESTATES PROPERTY OWNERS ASSOCIATION, INC., a Texas nonprofit corporation, on behalf of said corporation.
My f, fee c<S ~ > U RONDA K. SMITH a otary Public, State of Texas N : otary Public - State of Texas omm. Expires 04-03-2021 jf Notary ID 7802210 z 3 3 3 Z F FI z % : ‘4, TTI as.
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