AFTER RECORDING RETURN TO: ROBERT D. BURTON, ESQ.
WINSTEAD, PC 401 CONGRESS A VE., SUITE 2100 AUSTIN, TEXAS 78701 ELECTRONICALLY RECORDED Williamson County Texas EMAIL: [email protected] SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SOMERVILLE AT WARNER RANCH Williamson County, Texas Declarant: CONTINENT AL HOMES OF TEXAS, L.P., a Texas limited partnership 2016068234 Cross Reference to Declaration of Covenants, Conditions and Restrictions for Somerville at Warner Ranch, recorded under Document No, 2014057323, Official Public Records of Williamson County, Texas, as amended_ 4824-8588-3l86v.2 52919-155 7/13/2016 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SOMERVILLE AT WARNER RANCH This Second Amendment to Declaration of Covenants, Conditions and Restrictions for Somerville at Warner Ranch (the "Amendment") is made by CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership ("Declarant"), and is as follows: RECITALS: A. Declarant previously executed and recorded that certain Declaration of Covenants, Conditions and Restrictions for Somerville at Warner Ranch, recorded under Document No. 2014057323, Official Public Records of Williamson County, Texas, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Somerville at Warner Ranch, recorded under Document No. 2016006778, Official Public Records of Williamson County, Texas, (collectively, the "Declaration").
B. Pursuant to Section 9.02 of the Declaration, the Declaration may be amended by Declarant acting alone.
NOW THEREFORE, Declarant hereby amends and modifies the Declaration as follows: 1. Addition of "Dwelling" Definition. The following definition is hereby added to
be amended by Declarant acting alone.
NOW THEREFORE, Declarant hereby amends and modifies the Declaration as follows: 1. Addition of "Dwelling" Definition. The following definition is hereby added to Article 1 to the Declaration as follows: "Dwelling" means the single family residence located on a Lot, together with a garage incorporated therein. Notwithstanding any provision in this Declaration to the contrary, if all or a portion of an Improvement originally constructed by the Declarant exclusively serves a Dwelling but is located within the boundaries of an adjacent Lot, the portions of such Improvement located within the boundaries of the adjacent Lot is included within the Dwelling.
2. Addition of "Townhome" Definition. The following definition is hereby added to Article 1 to the Declaration as follows: "Townhome" means a Dwelling constructed on a Lot that shares a structural wall with a Dwelling located on an adjacent Lot.
3. Addition of "Area of Common Responsibility" Definition. The following definition is hereby added to Article 1 to the Declaration as follows: "Area of Common Responsibility" means areas that are designated, from time to time, by: (i) Declarant acting alone; or (ii) the Board with the approval of the Owners of a majority of the votes of the Dwellings and/or Lots 2 4824-8588-3186v.2 52919-155 7/13/2016 sharing the feature desired to be included as an Area of Common Responsibility, to be maintained, repaired, and replaced by the Association, as a common expense.
2. Section 4.15. Section 4.15 is hereby added to the Declaration as follows: 4.15 Area of Common Responsibility. The Declarant, acting alone, or the Board with the approval of the Owners of a majority of the votes of the
tion 4.15 is hereby added to the Declaration as follows: 4.15 Area of Common Responsibility. The Declarant, acting alone, or the Board with the approval of the Owners of a majority of the votes of the Dwellings and/or Lots sharing the feature desired to be included as an Area of Common Responsibility, have the right but not the duty to designate, from time to time, portions of Dwellings and/or Lots as an Area of Common Responsibility to be treated, maintained, repaired, and/or replaced by the Association as a common expense.
(i) Easement. The Association is hereby granted an easement over and across each Dwelling and/or Lot to the extent reasonably necessary or convenient for the Association or its designee to maintain, repair and/or replace the Area of Common Responsibility. If the Association damages any Improvements located within the Dwelling and/or Lot in exercising the easement granted hereunder, the Association will be required to restore such Improvements to the condition which existed prior to any such damage, at the Association's expense, within a reasonable period of time not to exceed thirty (30) days after the date the Association is notified in writing of the damage by the Owner of the damaged Improvements.
(ii) Change in Designation. The Declarant or the Board may, from time to time, add or remove components of Dwellings and/or Lots to the Area of Common Responsibility. Any addition or removal of components of Dwellings and/or Lots to the Area of Common Responsibility must be approved by Declarant by recorded written instrument until Declarant relinquishes such right in a recorded written instrument. Any modification or amendment to the Area of Common Responsibility must be recorded.
Declarant by recorded written instrument until Declarant relinquishes such right in a recorded written instrument. Any modification or amendment to the Area of Common Responsibility must be recorded.
3. Section 6.13. Section 6.13 is hereby added to the Declaration as follows: 6.13 Area of Common Responsibility Assessments. In addition to any other Assessments, the Board may levy an Area of Common Responsibility Assessment against each Owner and the Owner's Lot sharing the feature identified within the Area of Common Responsibility. Area of Common Responsibility Assessments will include all expenses that the Association incurs or expects to incur in connection with the maintenance and operation of the Area of Common Responsibility, including any operating reserve or reserve for repair and replacement of capital items maintained on the Area of Common Responsibility (" Area of Common Responsibility Expenses"). The Board shall 3 4824-8588-3186v.2 52919-155 7/13/2016 prepare a separate budget for the Area of Common Responsibility reflecting the estimated Area of Common Responsibility Expenses that the Association expects to incur for the benefit of such Area of Common Responsibility in the coming year.
Area of Common Responsibility Assessments shall be apportioned among the Dwellings and/or Lots located within the Area of Common Responsibility. Area of Common Responsibility Assessments may be assessed uniformly against each Lot sharing the feature identified within the Area of Common Responsibility (if provided to all Dwellings and/or Lots located within the Area of Common Responsibility), or according the benefits received (if provided to less than all the Dwellings and/or Lots located within the Area of
ed to all Dwellings and/or Lots located within the Area of Common Responsibility), or according the benefits received (if provided to less than all the Dwellings and/or Lots located within the Area of Common Responsibility), or as otherwise determined by the Board, provided that such amounts are assessed with reference to objective criteria.
4. Section 2.03. The first paragraph of Section 2.03 of the Declaration is hereby deleted in its entirety and replaced with the following: The Lots shall be used for single family residential purposes. Notwithstanding any provision in this Declaration to the contrary, all residences on the following Lots are restricted to single-story only: Lots 2, 17 and 18, Block A; Lots 1, 9 and 11, Block B; Lot 1, Block C and Lot 1, Block D.
5.
follows: Party Walls for Dwellings. Section 2.34 is hereby added to the Declaration as 2.34 Party Walls for Dwellings.
(a) General Rules of Law to Apply. Each wall built as a part of the original construction of a single family residence which serves and separates any two (2) adjoining single family residences shall constitute a party wall. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. No alterations may be made to any party wall other than non structural alterations to the interior surfaces of such walls (i.e., the surfaces of such walls facing the interior of a single family residence); provided, however, that under no circumstance or event will an Owner install or attach in or on a party wall any speaker, alarm, or any other device, item, component, or system designated for the creation or
d, however, that under no circumstance or event will an Owner install or attach in or on a party wall any speaker, alarm, or any other device, item, component, or system designated for the creation or emission of sound. Without limitation on the foregoing, to the extent that the actions of an Owner result in damage to a party wall, the Owner responsible for such damage is obligated to restore and pay any and all costs associated with restoring the wall to its pre-damage condition.
4 4824-8588-3186v.2 52919-155 7/13/2016 (b) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who the wall serves in equal proportions.
(c) Damage and Destruction. If a party wall is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who the wall serves may restore it, and the other Owner or Owners that the wall serves shall thereafter contribute to the cost of restoration thereof in equal proportions without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule or law regarding liability for negligent or willful acts or omissions.
(d) Right to Contribution Runs with Land. The right of any Owner to contribution from any other owner under this Section shall be appurtenant to the land and shall pass to such owner's successors-in-title.
(e) Roofs, Foundation, Fences. Common roofs and foundations which form a part of single family residences, and common fences between single family residences, if any, will be dealt with in the same fashion as party walls, as set forth in this section, to
tions which form a part of single family residences, and common fences between single family residences, if any, will be dealt with in the same fashion as party walls, as set forth in this section, to the extent not maintained by the Association as an Area of Common Responsibility.
(f) Dispute Resolution. In the event of any dispute arising concerning a party wall, or under the provisions of this Section (the "Dispute"), the parties shall submit the Dispute to mediation. Should the parties be unable to agree on a mediator within ten (10) days after written request therefore by the Board, the Board shall appoint a mediator. If the Dispute is not resolved by mediation, the Dispute shall be resolved by binding arbitration. Either party may initiate the arbitration. Should the parties be unable to agree on an arbitrator within ten (10) days after written request therefore by the Board, the Board shall appoint an arbitrator. The decision of the arbitrator shall be binding upon the parties and shall be in lieu of any right of legal action that either party may have against the other. In the event an Owner fails to properly and on a timely basis (both standards to be determined by the Board in the Board's sole and absolute discretion) implement the decision of the mediator or arbitrator, as applicable, the Board may implement said mediator's or arbitrator's decision, as applicable. If the Board implements the mediator's or arbitrator's decision on behalf of an Owner, the Owner otherwise responsible therefor will be personally liable to the Association for the cost of obtaining the all costs and expenses incurred by the Association in conjunction therewith. If such Owner fails to pay such costs and expenses upon demand by the
able to the Association for the cost of obtaining the all costs and expenses incurred by the Association in conjunction therewith. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) will be assessed against and chargeable to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot hereunder will be secured by the liens reserved in the Declaration for Assessments and may be 5 4824-8588-3186v.2 52919-155 7/13/2016 collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s).
6. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration. Unless expressly amended by this Amendment, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.
6 4824-8588-3186v.2 52919-155 7/13/2016 2016068234 Page 7 of 7 \ THE STA TE OF TEXAS § CONTINENT AL HOMES OF TEXAS, L.P., a Texas limited parhlership By: CHTEX of Texas, Inc., a Delaware corporation, its General Parmer 0 7
7 Electronically Recorded OFFICIAL PUBLIC RECORDS Pages Nancy E. Rister, County Clerk 7/28/201612:38 PM 7 Fee:$ 45.00 Williamson County Texas