331130 $1100 960069200 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PROMONTORY POINTE AT STONE OAK II P.U.D., UNIT 1 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF BEXAR § VOL 6751 PG0555 THAT THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PROMONTORY POINTE AT STONE OAK II P.U.D., UNIT 1 (hereinafter referred to as "Amendment"), is made on the date hereinafter set forth by VFA Associates, Ltd., a Texas limited partnership (hereinafter referred to as "Declarant"), through Great America Companies, Inc., a Texas corporation, its Managing General Partner, acting herein by and through its duly authorized officers.
WITNESSETH WHEREAS, Declarant is the owner of certain property heretofore platted and subdivided into that certain residential subdivision known as Promontory Pointe at Stone Oak II P.U.D., Unit 1, Bexar County, Texas, according to plat recorded in Volume 9534, Pages 64-67 of the Deed and Plat Records of such County (the "Property"); and, WHEREAS, Declarant desires to amend the Declaration of Covenants, Conditions and Restrictions for Promontory Pointe at Stone Oak II, Unit 1 (hereinafter referred to as "Declaration") filed and duly recorded in the Real Property Records of Bexar County, Texas on May 6, 1996 in Book D, Volume 06745, Page 01751, Document Number 96-0065912 as follows: Article X, Section 25. Building Height; Minimum Square Footage. No developed area labeled sixty-five (65') front Lots shall contain less than one thousand eight hundred square feet (1,800') of heated/airconditioned living space.
Except as otherwise defined herein, all other conditions, covenants and restrictions will remain in the same force and effect as described in the Declaration.
1996.
ated/airconditioned living space.
Except as otherwise defined herein, all other conditions, covenants and restrictions will remain in the same force and effect as described in the Declaration.
1996.
IN WITNESS WHEREOF, this Amendment is executed this the 8th day of May, DECLARANT: VFA ASSOCIATES, LTD., a Texas limited partnership By: Great America Companies, Inc., Managing General Partner By: Israel Fogiel, President STATE OF TEXAS COUNTY OF BEXAR ક con cos co F ઠુ This instrument was acknowledged before me on the 8th day of May, 1996, by Israel Fogiel, President of Great America Companies, Inc., a Texas Corporation, Managing General Partner of VFA Associates, Ltd., a Texas limited partnership, on behalf of said Corporation and said partnership.
AFTER RECORDING, RETURN TO: VFA Associates, Ltd.
8000 IH-10 West, Suite 700 San Antonio, TX 78230 Pulic Ann Marsold Notary Public in and for the State of Texas Commission Expiration Date: 6/27/98 JULIE ANN MANGOLD Notary Public, State of Texas My Commission Expires JUNE 27, 1998 VOL 6751 PG0556 Any provision herein which restricts the sale, rental, or use of the described real property because of race is invalid and unenforceable under Federal law.
STATE OF TEXAS, COUNTY OF BEXAR I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me and was duly RECORDED in the Official Public Record of Real Property of Bexar County. Texts on: COUNTY CLERK MAY 13 1996 Guy Rillyly Filed for Record in: BEXAR COUNTY, TX GERRY RICKHOFF, COUNTY CLERK On May 10 1996 At 3:59pm Receipt #: 221443 BLUSH COUNTY.
COUNTY CLERK BEXAR COUNTY, TEXAS Recording: 5.00 Doc/Mgmt : 6.00 Doc/Hum 96-0069200 Deputy -Jane Hernandez VOL 6751 PG 0557 960091001
Y CLERK On May 10 1996 At 3:59pm Receipt #: 221443 BLUSH COUNTY.
COUNTY CLERK BEXAR COUNTY, TEXAS Recording: 5.00 Doc/Mgmt : 6.00 Doc/Hum 96-0069200 Deputy -Jane Hernandez VOL 6751 PG 0557 960091001 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PROMONTORY POINTE AT STONE OAK II P.U.D., UNIT 1 STATE OF TEXAS COUNTY OF BEXAR ઠુ KNOW ALL MEN BY THESE PRESENTS § THAT THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PROMONTORY POINTE AT STONE OAK II P.U.D., UNIT 1 (hereinafter referred to as "Amendment"), is made on the date hereinafter set forth by VFA Associates, Ltd., a Texas limited partnership (hereinafter referred to as "Declarant"), through Great America Companies, Inc., a Texas corporation, its Managing General Partner, acting herein by and through its duly authorized officers.
WITNESSETH WHEREAS, Declarant is the owner of certain property heretofore platted and subdivided into that certain residential subdivision known as Promontory Pointe at Stone Oak II P.U.D., Unit 1, Bexar County, Texas, according to plat recorded in Volume 9534, Pages 64-67 of the Deed and Plat Records of such County (the "Property"); and, WHEREAS, Declarant desires to amend the Declaration of Covenants, Conditions and Restrictions for Promontory Pointe at Stone Oak II, Unit 1 recorded in Volume 6745, Page 01751 of the Real Property Records of Bexar County, Texas, and as amended in the Amendment to Declaration of Covenants, Conditions and Restrictions for Promontory Pointe at Stone Oak II, Unit 1 recorded in Volume 6751, Pages 555-557 of the Real Property Records of Bexar County, Texas (hereinafter referred to as "Declaration") as follows: Article X, Section 27. Walls and Fences, will include the following paragraphs:
Pages 555-557 of the Real Property Records of Bexar County, Texas (hereinafter referred to as "Declaration") as follows: Article X, Section 27. Walls and Fences, will include the following paragraphs: Platted lots that side to a collector street, such as Prospect Hill and Bear Ridge, will be provided with a masonry wall built by the Declarant. The masonry wall is to be located approximately fifteen feet (15') inside the property line of the side of the lot that fronts these collector streets. This wall may have a return into the lot at the rear property line for a variable distance to be determined by the Declarant in each instance.
AMENDOV2.PPT 1 VOL6 788 PG 1 201 This wall will be maintained at the sole cost and expense of the Association.
For Unit 1, the specific lots that are effected by this Amendment are Lots 27, 40, 41, 46, 56, Block 1 and Lots 4, 10, 33, Block 3.
1996.
IN WITNESS WHEREOF, this Amendment is executed this the 7th day of June, DECLARANT: VFA ASSOCIATES, LTD., a Texas limited partnership By: Great America Companies, Inc., Managing General Partner By: Israel Fogiel, President STATE OF TEXAS COUNTY OF BEXAR § 855 § § This instrument was acknowledged before me on the 13th day of June, 1996, by Israel Fogiel, President of Great America Companies, Inc., a Texas Corporation, Managing General Partner of VFA Associates, Ltd., a Texas limited partnership, on behalf of said Corporation and said partnership.
JULIE ANN MANGOLD Notary Public, State of Texas My Commission Expires JUNE 27, 1998 Ann Mold Notary Public in and for the State of Texas Commission Expiration Date: 6/27/98 AFTER RECORDING, RETURN TO: VFA Associates, Ltd.
8000 IH-10 West, Suite 700 San Antonio, TX 78230 AMENDOV2.PPT 2 VULD 788 PG 1202 THIRD AMENDMENT TO DECLARATION OF COVENANTS,
Expiration Date: 6/27/98 AFTER RECORDING, RETURN TO: VFA Associates, Ltd.
8000 IH-10 West, Suite 700 San Antonio, TX 78230 AMENDOV2.PPT 2 VULD 788 PG 1202 THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PROMONTORY POINTE AT STONE OAK II P.U.D.
(Umbrella Declaration) 98-0011796 VOL 7325 PG 1333 STATE OF TEXAS COUNTY OF BEXAR § § KNOW ALL MEN BY THESE PRESENTS § THAT THIS THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PROMONTORY POINTE AT STONE OAK II P.U.D. (hereinafter referred to as "Amendment"), is made on the date hereinafter set forth by VFA Associates, Ltd., a Texas limited partnership (hereinafter referred to as "Declarant"), through Great America Companies, Inc., a Texas corporation, its Managing General Partner, acting herein by and through its duly authorized officers.
WITNESSETH WHEREAS, Declarant is the owner of certain property heretofore platted and subdivided into that certain residential subdivision known as Promontory Pointe at Stone Oak II P.U.D., Unit 1, Bexar County, Texas, according to plat recorded in Volume 9534, Pages 64-67 of the Deed and Plat Records of such County (the "Initial Property"); and, Promontory Pointe at Stone Oak II P.U.D., Unit 2, Bexar County, Texas, and being marketed as Promontory Heights, according to plat recorded in Volume 9537, Pages 62-63 of the Deed and Plat Records of Bexar County, Texas and Promontory Pointe at Stone Oak II P.U.D., Unit 3, Bexar County, Texas, according to plat recorded in Volume 9537, Pages 6467 of the Deed and Plat Records of Bexar County, Texas (referred to collectively as the "Additional Property"); and WHEREAS, Declarant desires to hold, sell and convey the Initial Property and the
6467 of the Deed and Plat Records of Bexar County, Texas (referred to collectively as the "Additional Property"); and WHEREAS, Declarant desires to hold, sell and convey the Initial Property and the Additional Property subject to the Declaration of Covenants, Conditions and Restrictions for Promontory Pointe at Stone Oak II, Unit 1 recorded in Volume 6747, Page 1222 of the Real Property Records of Bexar County, Texas, as the same may be amended from time to time (the "Declaration"), which is for the purpose of establishing a uniform plan for the development, improvement and sale of the Initial Property, together with such other land constituting the Property from time to time brought within the terms of the Declaration pursuant thereto, and to insure the preservation of such uniform plan for the benefit of both present and future owners of the residential subdivision Lots within the Property; and, WHEREAS, Article XII, Section 4 of the Declaration provides that the Declaration may be amended by an instrument when approved by not less than seventy-four percent (74%) of the aggregate of the votes of all Members of the Association; and WHEREAS, the approval of not less than seventy-four percent (74%) of the aggregate of the votes of all Members of the Association is evidenced by the instrument attached as Exhibit "A", attached hereto and incorporated herein by reference.
AMENCOV3.DOC NOW, THEREFORE, Declarant hereby amends the Restrictions by deleting from the first sentence of Article II, Section 7, paragraph (g) the following language: "(or profit or otherwise)"; and Declarant hereby amends the first sentence of Article III, Section 3 (Maximum Annual Assessment) by deleting $240.00 and replacing this amount with $360.00.
g language: "(or profit or otherwise)"; and Declarant hereby amends the first sentence of Article III, Section 3 (Maximum Annual Assessment) by deleting $240.00 and replacing this amount with $360.00.
Except as otherwise defined herein, all other conditions, covenants and restrictions will remain in the same force and effect as described in the Declaration.
IN WITNESS WHEREOF, this Amendment is executed this the 19th day of December, 1997.
DECLARANT: VFA ASSOCIATES, LTD., a Texas limited partnership By: Great America Companies, Inc., Managing General Partner By: Israel Fogiel, President VL7325 PG 1334 STATE OF TEXAS COUNTY OF BEXAR 6 6 6 § § This instrument was acknowledged before me on the 19th day of December, 1997, by Israel Fogiel, President of Great America Companies, Inc., a Texas Corporation, Managing General Partner of VFA Associates, Ltd., a Texas limited partnership, on behalf of said Corporation and said partnership.
9149 MARIAN G. ADAMS MY COMMISSION EXPIRES August 5, 2000 AFTER RECORDING, RETURN TO: VFA Associates, Ltd.
c/o Great America Companies, Inc.
8000 IH-10 West, Suite 700 San Antonio, TX 78230 Marian G. Adams Notary Public in and for the State of Texas Commission Expiration Date: 8/5/2000 AMENCOV3.DOC EXHIBIT "A" OFFICIAL BALLOT VFA Associates, Ltd., a Texas limited partnership, through Great America Companies, Inc., a Texas corporation, its Managing General Partner, consents to the recordation of the Third Amendment to the Declaration of Covenants, Conditions and Restrictions for Promontory Pointe at Stone Oak II P.U.D. (Umbrella Declaration).
VFA Associates, Ltd. is the owner of the following lots in Promontory Pointe at Stone Oak II, P.U.D., as of the date hereinafter set forth: Promontory Pointe, Unit 1 Block 1: Lots 18-20, 23-25, 33,35,38,
Associates, Ltd. is the owner of the following lots in Promontory Pointe at Stone Oak II, P.U.D., as of the date hereinafter set forth: Promontory Pointe, Unit 1 Block 1: Lots 18-20, 23-25, 33,35,38, 41-42,44,47-49 Block 2: Lots 29-37, 39-43,47,49-58, 61-62, 64, 66, 68-72 Block 3: Lots 1-7, 10, 30-31 Promontory Pointe, Unit 2 Block 1: Lots 1-20, 22-23, 25-30, 33-35, 37-52 Total Lots in Unit 2: 47 Lots Total Lots in Unit 1: 59 Lots Promontory Pointe, Unit 3 Block 1: Lots 57-62, 64, 66-82, 84-85 Block 3: Lots 34-38, 40-41, 49-50, 52, 55-57, 59-69, 71-86 Block 4: Lots 1, 3 Total Lots in Unit 3: 68 Lots Total Lots Owned by VFA Associates, Ltd.: 174 Lots Total Number of Votes entitled to Cast Pursuant to Article II, Section 3: 870 VFA ASSOCIATES, LTD., a Texas limited partnership By: Great America Companies, Inc., Managing General Partner AMENCOV3.DOC By: Israel Fogiel, President Date: December 19, 1997 17325 PG1335 Any provision which pastries the age, scribed real property because of reca le invalid and unenforsable under Federal law STATE OF TEXAS, COUNTY OF BEXAR I hereby certly at this instrument was FILED in Pe Number Sequence on The dale and at the time stamped herson by me and was duly RECORDED the Offical Puble Frecord of Real Property of Bexar County Terme on: JAN 28 1998 Guy Ridloff COUNTY CLERK BEXAR COUNTY, TEXAS Filed for Record in: BEXAR COUNTY, TX GERRY RICKHOFF, COUNTY CLERK On Jan 26 1998 At 4:24pm Receipt #: 97272 Recording: 7.00 Doc/Maat: 6.00 Doc/Hum 98-0011796 Deputy -Janie Sanchez RECORDERS MEMORANDUM AT THE TIME OF RECORDATION, THIS INSTRUMENT WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY, CARSON OR PHOTO COPY, DISCOLORED PAPER, ETC.
YSL 7325 PG 1336 98 0020086 FOURTH AMENDMENT TO DECLARATION OF COVENANTS,
TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY, CARSON OR PHOTO COPY, DISCOLORED PAPER, ETC.
YSL 7325 PG 1336 98 0020086 FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PROMONTORY POINTE AT STONE OAK II P.U.D.
(Umbrella Declaration) STATE OF TEXAS COUNTY OF BEXAR § § KNOW ALL MEN BY THESE PRESENTS § THAT THIS FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PROMONTORY POINTE AT STONE OAK II P.U.D. (hereinafter referred to as "Amendment"), is made on the date hereinafter set forth by VFA Associates, Ltd., a Texas limited partnership (hereinafter referred to as "Declarant"), through Great America Companies, Inc., a Texas corporation, its Managing General Partner, acting herein by and through its duly authorized officers.
WITNESSETH WHEREAS, Declarant is the owner of certain property heretofore platted and subdivided into that certain residential subdivision known as Promontory Pointe at Stone Oak II P.U.D., Unit 1, Bexar County, Texas, according to plat recorded in Volume 9534, Pages 64-67 of the Deed and Plat Records of such County (the "Initial Property"); and, Promontory Pointe at Stone Oak II P.U.D., Unit 2, Bexar County, Texas, and being marketed as Promontory Heights, according to plat recorded in Volume 9537, Pages 6263 of the Deed and Plat Records of Bexar County, Texas and Promontory Pointe at Stone Oak II P.U.D., Unit 3, Bexar County, Texas, according to plat recorded in Volume 9537, Pages 64-67 of the Deed and Plat Records of Bexar County, Texas (referred to collectively as the "Additional Property"); and WHEREAS, Declarant desires to hold, sell and convey the Initial Property and the
64-67 of the Deed and Plat Records of Bexar County, Texas (referred to collectively as the "Additional Property"); and WHEREAS, Declarant desires to hold, sell and convey the Initial Property and the Additional Property subject to the Declaration of Covenants, Conditions and Restrictions for Promontory Pointe at Stone Oak II, Unit 1 recorded in Volume 6747, Page 1222 of the Real Property Records of Bexar County, Texas, as the same may be amended from time to time (the "Declaration"), which is for the purpose of establishing a uniform plan for the development, improvement and sale of the Initial Property, together with such other land constituting the Property from time to time brought within the terms of the Declaration pursuant thereto, and to insure the preservation of such uniform plan for the benefit of both present and future owners of the residential subdivision Lots within the Property; and, WHEREAS, Article XII, Section 4 of the Declaration provides that the Declaration may be amended by an instrument when approved by not less than seventy-four percent (74%) of the aggregate of the votes of all Members of the Association; and AMENCOV4.DOC VOL 7343 PG 0425 WHEREAS, the approval of not less than seventy-four percent (74%) of the aggregate of the votes of all Members of the Association is evidenced by the instrument attached as Exhibit "A", attached hereto and incorporated herein by reference.
NOW, THEREFORE, Declarant hereby amends Article X, Restrictions of Use, Section 1, Single Family Residence, by adding subsection (c) as follows: (c) Unless the New Construction Committee otherwise agrees in writing, (i) the second floor front elevation shall be at least eightyfive percent (85%) brick, stone or other masonry material,
ollows: (c) Unless the New Construction Committee otherwise agrees in writing, (i) the second floor front elevation shall be at least eightyfive percent (85%) brick, stone or other masonry material, excluding all window penetration for the purpose of computing percentage of area, and (ii) where construction finds it to be technically feasible, the brick in the second floor exterior facade shall return on either one (1) or both sides of the home for a minimum distance of six feet (6'). This subsection (c) applies only to Lots owned by Declarant as of February 9, 1998, and will also apply to any future single family residential Lots to be developed by Declarant and annexed to this Umbrella Declaration. As of February 9, 1998, the Declarant owns the following Lots: Promontory Pointe, Unit 1 Block 1: Lots 41-42, 44, 47-49 Block 3: Lots 1-7, 10, 30, 31 Promontory Pointe, Unit 3 Block 1: Lots 57-62, 64, 66-82, 84-85 Block 3: Lots 34-38, 40-41, 49-50, 52, 59-69, 71-86 Block 4: Lots 1, 3 Declarant hereby amends Article X, Restrictions of Use, Section 29, Garages, to include the following: For all detached garages, the front elevation, exclusive of the garage doors, must be 100% brick, stone or other masonry, and shall return on both sides of the garage for a minimum distance of four feet (4').
Except as otherwise defined herein, all other conditions, covenants and restrictions will remain in the same force and effect as described in the Declaration.
AMENCOV4.DOC YOL 7343 PG 0426 IN WITNESS WHEREOF, this Amendment is executed this the 9th day of February, 1998.
DECLARANT: VFA ASSOCIATES, LTD., a Texas limited partnership By: Great America Companies, Inc., Managing General Partner By: Israel Fogiel, President STATE OF TEXAS COUNTY OF BEXAR § § §
1998.
DECLARANT: VFA ASSOCIATES, LTD., a Texas limited partnership By: Great America Companies, Inc., Managing General Partner By: Israel Fogiel, President STATE OF TEXAS COUNTY OF BEXAR § § § This instrument was acknowledged before me on the 9th day of February, 1998, by Israel Fogiel, President of Great America Companies, Inc., a Texas Corporation, Managing General Partner of VFA Associates, Ltd., a Texas limited partnership, on behalf of said Corporation and said partnership.
Marian Adams Notary Public in and for the State of Texas Commission Expiration Date: 8/5/2000 MARIAN G. ADAMS MY COMMISSION EXPIRES August 5, 2000 AFTER RECORDING, RETURN TO: VFA Associates, Ltd.
c/o Great America Companies, Inc.
8000 IH-10 West, Suite 700 San Antonio, TX 78230 AMENCOV4.DOC YOL 7343 PG 0427 EXHIBIT "A" OFFICIAL BALLOT VFA Associates, Ltd., a Texas limited partnership, through Great America Companies, Inc., a Texas corporation, its Managing General Partner, consents to the recordation of the Fourth Amendment to the Declaration of Covenants, Conditions and Restrictions for Promontory Pointe at Stone Oak II P.U.D. (Umbrella Declaration).
VFA Associates, Ltd. is the owner of the following lots in Promontory Pointe at Stone Oak II, P.U.D., as of the date hereinafter set forth: Promontory Pointe, Unit 1 Block 1: Lots 18-20, 23-25, 33,35,38, 41-42,44,47-49 Block 2: Lots 29-37, 39-43,47,49-58, 61-62, 64, 66, 68-72 Block 3: Lots 1-7, 10, 30-31 Promontory Pointe, Unit 2 Block 1: Lots 1-20, 22-23, 25-30, 33-35, 37-52 Total Lots in Unit 2: 47 Lots Total Lots in Unit 1: 59 Lots Promontory Pointe, Unit 3 Block 1: Lots 57-62, 64, 66-82, 84-85 Block 3: Lots 34-38, 40-41, 49-50, 52, 59-69, 71-86Block 4: Lots 1, 3 Total Lots in Unit 3: 65 Lots
Lots Total Lots in Unit 1: 59 Lots Promontory Pointe, Unit 3 Block 1: Lots 57-62, 64, 66-82, 84-85 Block 3: Lots 34-38, 40-41, 49-50, 52, 59-69, 71-86Block 4: Lots 1, 3 Total Lots in Unit 3: 65 Lots Total Lots Owned by VFA Associates, Ltd.: 171 Lots Total Number of Votes entitled to Cast Pursuant to Article II, Section 3: 855 VFA ASSOCIATES, LTD., a Texas limited partnership By: Great America Companies, Inc., Managing General Partner AMENCOV4.DOC By: Israel Fogiel, President Date: February 9, 1998 VOL 7343 PG 0428