FIRST AMENDMENT TO RIVER PLACE ESTATES DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § This First Amendment to the River Place Estates Declaration of Covenants, Conditions and Restrictions (the “Amendment”) is made and executed by River P lace Estates LLC, a Texas Limited Liability Company(“Declarant”) and is as follows: RECITALS: A. Declarant recorded that one certain River Place Estates De claration of Covenants, Conditions and Restrictions dated November 19, 2015 recorded under document number 2015101708, Real Property Records of Williamson County, Texas (the “Declar ation”), which relates to certain real property (the “Property”).
B. Pursuant to Section 9.02 of the Declaration, the Declaration may be amended by recording in the Real Property Records of Williamson County, Texas an instrument executed and acknowledge by the Declarant, acting alone.
NOW, THEREFORE, the undersigned Declarant hereby declares and certifi es and hereby amends and modifies the Declaration as follows: 1.) Article III, Section 3.28 is hereby deleted in its entirety and the following is substituted in its place: 3.28 Driveway construction and maintenance: Owners must construct a driveway on their Tract and do so per the provisions and specifications below. Two or more owners may share in the use and maintenance of a driveway. The location of dr iveways shall be approved by the Architectural Committee, in its sole and absolute di scretion, prior to construction. All driveways must have a minimum of eight inches of road b ase and be coated with Chip Seal or asphalt. The maintenance and repair of drivew ays shall be the sole obligation of the Owner on whose Tract the driveway is locate d. The Owner's failure
s of road b ase and be coated with Chip Seal or asphalt. The maintenance and repair of drivew ays shall be the sole obligation of the Owner on whose Tract the driveway is locate d. The Owner's failure to maintain the driveway located upon the Owner's Tract in good repai r shall be a violation of this Declaration, subject to the Association's or Decl arant's powers of enforcement granted by this Declaration. . Tract 11 shall be require d to construct a driveway access point on River Valley Drive and use River Valle y Drive to access County Road 103. Tracts 15, 18, 23, 24, 25, and 27 shall be required to construct a driveway access point on Country Vista Lane and use Country Vista Lane to access County Road 103.
2.) Article III, Section 3.40 is hereby deleted in its entirety and the following is substituted in its place: 3.40 Structure Screening. All permanent building structures shall be require d to have at least one tree planted and maintained to provide screening of the s tructure. A minimum of one tree shall be planted and maintained for each 25 feet of visible structure.
The amount of visible structure shall be determined by measuring the horizontal length of all exterior walls of the structure. Trees shall be planted wi thin 50 feet of the structure.
Existing approved trees 8 feet or taller within 100 feet of the struct ure shall qualify to meet this requirement. Trees planted shall be a minimum of 5 feet tall. Approved trees include: Arizona Cypress, American Elm, Bald Cypress, Bur Oak Ce dar Elm, Chinese Pistache, Chinquapin Oak, Green Oak, Live Oak, Mexican Sycamore, Monterey Oak, Pecan, Sycamore, Texas Red Oak, Texas Ash and any others approved by the Architectural Committee. The location and type of the tree(s) must be submitted to the
e Oak, Mexican Sycamore, Monterey Oak, Pecan, Sycamore, Texas Red Oak, Texas Ash and any others approved by the Architectural Committee. The location and type of the tree(s) must be submitted to the Architectural Committee with the plans for the structure. The approve d trees listed above only apply to trees used for satisfying the provisions of this Section. This Section in no way limits other types of trees from being planted on Owner’s Property in other are as.
3.) Article VII, Section 7.05 is hereby deleted in its entirety and the following is substituted in its place: 7.05 Tract Specific Assessments: In addition to the regular annual Asse ssments and Special Assessments provided for above, the Board may levy Tract Specific Assessments for road, gate and landscape maintenance and reserves as follows: RIVER VALLEY DRIVE SPECIFIC ASSESSMENT 1) For Tracts 1 through 11, an annual assessment will be levied for road, gate and landscape maintenance and reserves on River Valley Drive; 2) For Tracts 12 and 13, whether or not an annual assessment is levied wil l be dependent on the location on the driveway for such Tract. If the driveway location is on Busby Crossing, these lots will not be included in this assessment. If the driveways are located on the River Valley Dr ive these Tracts will be included in this assessment.
COUNTRY VISTA LANE SPECIFIC ASSESSMENT 1) For Tracts 15, 18, 23, 24, 25, and 27, an annual assessment will be levied for road, gate and landscape maintenance and reserves on Country Vista Lane.
Each year the HOA shall determine separately the amount needed for the re serves for gate and road maintenance of River Valley Drive and Country Vista Lane. The funds collected and paid by the HOA for the roads shall be accounted for sep arately from the
needed for the re serves for gate and road maintenance of River Valley Drive and Country Vista Lane. The funds collected and paid by the HOA for the roads shall be accounted for sep arately from the general funds of the HOA. Prior to the HOA incurring any expense above $3,000 from these funds, at least 60% of the members affected by the specific as sessment must approve, in writing, the expense. Unless approved in writing by 100% of the members affected by the specific assessment, these funds cannot be used by the HOA for any use other than the maintenance, repair or replacement of the gates, entry or roads related to the assessment.
Executed this 16th day of February 2016.
DECLARANT: RIVER PLACE ESTATES LLC, a Texas limited liability company By: Matt Naiser, Manager THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This Instrument was acknowledged before me on February 16, 2016 by Matt Naiser, Manager of RIVER PLACE ESTATES LLC a Texas limited liabi lity company, on behalf of said company.
Notary Public Signature