AMENDMENY TO SHAVANO OAKS TOWNHOMES PLANNED UNIT DEVELOPMENT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS re ee tne en AL LLONS: THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR § WHEREAS, BAKER, HUGHES AND SMITH JOINT VENTURE, a Texas joint venture now composed of JESSE A. BAKER, M. M. HUGHES, JR., : and SMITH'S BETTER BUILT HOMES, INC., did heretofore cause a Declaration of Covenants, Conditions and Restrictions covering the Shavano Oaks Townhomes Planned Unit Development to be recorded in ! Volume 2883, Pages 358, et seq., as amended by instrument recorded in Volume 3227, Page 1239 (collectively, the "Decla-~ | ration"), each recording being in the Official Public Records of 5 Real Property of Bexar County, Texas; and WHEREAS, pursuant to the provisions of Article XII of the Declaration, the Declarant; the "Owner(s)" (as that term is defined in the Declaration) representing in excess of sixty-seven percent (67%) of the votes of the "Association" (as that term is defined in the Declaration); and the approval of the "First Mortgagees" (as that term is defined in the Declaration) holding mortgages on "Lots" (as that term is defined in the Declaration) representing in excess of fifty-one percent (51%) of the votes of i Lots subject to mortgages, have contemporaneously herewith agreed to AMEND the Declaration in certain respects; NOW, THEREFORE, for and in consideration of the premises and TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the E: parties hereto AMEND the Declaration as follows: oe 1, Article 3, Section 3.2 of the Declaration, is hereby ~ amended so as to now read as follows: 2
he receipt of which is hereby acknowledged, the E: parties hereto AMEND the Declaration as follows: oe 1, Article 3, Section 3.2 of the Declaration, is hereby ~ amended so as to now read as follows: 2 Section 3.2. ‘The Association shall have three boa classes of voting membership: ce Lez | Class A: Class A Members shall be all Owners of Lots “(other than the Declarant during its Class B membership and/or Class ¢ membership) and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. ‘The vote for such Lots shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot, Class B: The Class B Member shall be the Declarant, or its successors or assigns, and shall be entitled to three (3) votes for each Lot owned upon Which there is situated a substantially completed residential dwelling. The Class B membership shall cease and be converted to Class A membership on the earlier to occur of the following: (a) August 8, 1993; or (b) when the total votes outstanding in Class A membership equals the total votes outstanding in the Class B and c memberships, Class C: The Class C Member shall be the present and any future Owner of the <esidential Lots that are being annexed into the purview of the Declaration contemporaneously herewith (by virtue of the Fourth Certificate of Annexation to Heclaration of Covenants, Conditions and Restrictions for Shavano Oaks Townhomes Planned Unit Development) who shall be entitled to three (3) votes for each such Lot owned. The Class Cc membership shall cease as to each such Jiot and shall be converted to Class B membership at such time as a
t Development) who shall be entitled to three (3) votes for each such Lot owned. The Class Cc membership shall cease as to each such Jiot and shall be converted to Class B membership at such time as a residential dwelling has been substantially completed upon such Lot.
It is not the intention hereof for Class B Members and Class C Members to exist concurrently, Any Lot owned by Declarant, or its successors or assigns, shall have either "Class B" or "Class ci!" status, but not both.
Notwithstanding any provision contained in the Declaration to the contrary, a Class B or Class ¢c Member who owns a Lot that is being annexed contem~ poraneously herewith, shall be obligated only to pay a "maintenance assessment" for each such Lot in an amount < equal to the pro rata aggregate of direct expenses incurred by the Association in connection with the actual ae maintenance and upkeep of each annexed Lot and portion nN of the private street directly abutting same, until Co such time as a residential dwelling has been con- Ms structed thereon and has been first occupied, whereupon & the then Owner of each such improved and occupied Lot > Shall be thereafter required to pay full assessments ie attributable thereto. Once the full assessment has med after whether or not the dwelling on such Lot is later occupied.
-2= u hn hs oe on ae 2. The following language appearing in Article XI, Section 11.1 of the Declaration on page 20, lines 3-5 thereof, is hereby deleted for all purposes, effective immediately: "In no event shall a Certificate of Annexation be recorded until such time as the improvements and additional Common Area in such annexed area have been substantially completed,"
ffective immediately: "In no event shall a Certificate of Annexation be recorded until such time as the improvements and additional Common Area in such annexed area have been substantially completed," 3. As hereby AMENDED, the parties hereto hereby RATIFY and AFFIRM all of the remaining provisions of the Declaration.
DATED this 25th day of July, 1988, BAKER, HUGHES AND SMITH JOIN® VENTURE . Vi By: 3 7 wn? (ima Jess A. Baker, Venturer DECLARANT JOINDER OF BOARD OF ASSOCIATION NOW COME the undersigned individuals, constituting the Board of Directors of Shavano Oaks ‘townhomes Association, Inc. to hereby join into and ratify this Amendment to Shavano Oaks Townhomes Planned Unit Development Declaration of Covenants, Conditions and Restrictions to evidence the fact that the requisite membership of such Association has approved the action taken hereby in the manner required in said Declaration and has authorized the Board to approve this instrument.
i, ae HUGHES, JR, THE STATE OF TEXAS COUNTY OF BEXAR This instrument August 11 1 was acknowledged before 1988, by JESSE A. BAKER, me on Venturer of BAKER, HUGHES AND SMITH JOINT VENTURE, a Texas joint venture, on behalf of said venture.
C TEXAS DEX ART Allo MED val Notary Public, State of Texas Notary's name (printed): ALLENE DYAL Notary's commission expires: 7/21/88 OF THE STATE OF TEXAS COUNTY OF BEXAR S $ This instrument August 11 was acknowledged , 1988, by JESSE A. BAKER.
before me on Allene Qual Notary Public, State of Texas Notary's name (printed): ALENE DYAL Notary's commission expires: THE STATE OF TEXAS COUNTY OF BEXAR This 100+11 instrument SSS $ was acknowledged , 1988, by M. M. HUGHES, JR.
before me on AlleneDual Notary Public, State of Texas Notary's name (printed) : ALLENE DYAL Notary's commission expires: 9/21/88
s 100+11 instrument SSS $ was acknowledged , 1988, by M. M. HUGHES, JR.
before me on AlleneDual Notary Public, State of Texas Notary's name (printed) : ALLENE DYAL Notary's commission expires: 9/21/88 -4VOL 420 PAGE 0909 1+ THE STATE OF TEXAS COUNTY OF BEXAR This Aug 11 $ 655 instrument was acknowledged 1988, by JERRY W SMITH.
REGINA WOLFF Notary Public, State of To My Comin. Exp. 5/31/89 before me on Regina Wolf Notary Public, State of Texas Notary's name (printed) : Notary's commission expires: THE STATE OF TEXAS COUNTY OF BEXAR This Clicy 11 ' sss instrument was acknowledged before 1988, by ROBERT LAMB).
Katian Notary Public, State of Notary's name (printed) Notary's commission expires: KATHLEEN HOFFMANN Notary Public, Dexar County, Texas My Commission Expires 10/31/28 me on.
20 20 THE STATE OF TEXAS S $ $ COUNTY OF BEXAR This instrument was Ciley 11 acknowledged before me on 1988, by CRAIG ALLEN.
Ka Notary Public, State of Texas Notary's name (printed) Notary's commission expires: AFTER RECORDING, PLEASE RETURN TO: Mr. Richard L. Kerr FOSTER, LEWIS, LANGLEY, GARDNER & BANACK, INCORPORATED 1600 Frost Bank Tower 100 West Houston Street San Antonio, Texas 78205 KATHLEEN HOFFMANN Notary Public, Bexar County, My Commission Expires 10/31/869 RLK:bb20 080888-1 wwio!
-5COUNTY VOL42 PAGE 0 9 1 { COUNTY CLERK BEXAR CO.
ס 1993 OCT 11 P 3:49 VOL 420 PAGE 0911 rw DU S SA OCT 12 1988 Read Alon --1816-6