& a UG] Swe 212009118 aon al eK FIRST SUPPLEMENTAL o eee NOTICE OF DEDICATORY INSTRUMENTS FOR a ra — TEXANA PLANTATION HOMEOWNERS ASSOCIATION, INC.
* a “, § § COUNTY OFF. RT § CP Ag ™ The” nd ee ls ‘being the authorized representative of Texana Plantation Homecunenstiasio é, a property owner’s association as defined in Section 202.001 of the Texas Prope Ponto “Association’), hereby supplements the “Instrument to Record Dedicatory instr Pes ) recorded in the Official Public Records of Real Property of Fort Bend County, T, ° ks r 28, 1999 under Clerk's File No. 1999111602, which Notice was filed ie res purpose of complying with Section 202.006 of the Texas Property Code.
Of — 1. Additional Deuisat ts. In addition to the Dedicatory Instruments identified in the N tice, he-Tol wing cocuments are Dedicatory Instruments i overning the Ass i a gwen rd a. Guidelines Read to-Ka in Barrels. and Rain Harvesting Systems, Solar Energy Dev sede ergy Efficient Shingles, Flags, and Religious Items for Texaria P eherg) Homeowners Association, Inc.; b. Open Records Policy Skat ation Homeowners Association, Inc.; me > ag c. Records Retention Policy feof Féxdnal Plantation Homeowners Association, Inc.; and [aah d. Payment Plan Policy for Texana Plantation phe powners Association, Inc. G. A, This First Supplemental Notice is being recorded in Ke. oa “A lic Records of Real Property of Fort Bend County, Texas for the purpose of complying with” jon 202.006 of the Texas Property Code. | hereby certify that the information set‘fortt’ inthis First Supplemental Notice is true and correct and the documents attached to this First SUpplefrint | Notice are the originals. a Cog THE STAT THE STATE OF TEXAS § § COUNTY OF FORT BEND §
fortt’ inthis First Supplemental Notice is true and correct and the documents attached to this First SUpplefrint | Notice are the originals. a Cog THE STAT THE STATE OF TEXAS § § COUNTY OF FORT BEND § BEFORE ME, the undersigned notary public, on this day personally appeared Rick S.
Butler authorized representative of Texana Plantation Homeowners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and in the capacity therein expressed.
SUBSCRIBED AND SWORN TO BEFORE ME on this the to certify which witness my hand and official seal.
day of January, 2012, Notary Public in and for the State of Texas icial Return to: BUTLER | HAILEY Mr. Rick S. Butler 8901 Gaylord Drive, Suite 100 Houston, Texas 77024 209782 NOTARY PUB NOTARY PUBLIC, STATE OF TEXAS DONNA DICKEY TATEOFTEXP MY COMMISSION EXPIRES MARCH 17, 2014 First Supplemental Notice of Dedicatory Instruments -Texana Plantation Page ws a“ oO a, (CY * ee “SGUIDELINES RELATING TO RAIN BARRELS AND RAIN HARVESTING SYSTEMS, SOLAR ENERGY DEVICES, STORM AND ENERGY EFFICIENT SHINGLES, Rs “) FLAGS, AND RELIGIOUS ITEMS Se a Y for < ft TEXANA PLANTATION HOMEOWNERS ASSOCIATION, INC.
SF Teas COUNTY oF FORT TEND), : 1, ieseph Capwiight, President of Texana Plantation Homeowners Association, Inc. (the “Association’y, de™ pa certify that at a joint meeting of the Board of Directors of the Association (the “Bda rine Aig atl Architectural Review Committee (“ARC”) duly called and hel of the. November 2011, with at least a quorum of the Boar C Fe ee present and remaining throughout, and being duly siness. | authorized to tran oC llowing “Guidelines Relating to Rain Barrels and Rain
of the. November 2011, with at least a quorum of the Boar C Fe ee present and remaining throughout, and being duly siness. | authorized to tran oC llowing “Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Soe Devices, Storm and Energy Efficient Shingles, Flags, and Religious Items” was d appro d By a majority vote of the members of both the Board and ARC in attendance: Co — - A dips: 1. Chapter 202 of the Tene S Comers Code was amended to add sections relating to rain barrels and rain harvesting systems; solar energy deviges, storm and energy efficient shingles, flags, and religious items. ee a a 2. The amendments relating to Solar energy ) de storm and energy efficient shingles, flags and religious items became effective*on June 14-2011 and the amendments relating to rain barrels and rain harvesting systems became Wjaron September 1, 2011.
3. The Board of Directors of the Associftiof. and the Association’s Architectural Review Committee desires to adopt guidelines relating to’ end rely rain harvesting systems, solar energy devices, storm and energy efficient shingles, fla ae ew items consistent with the applicable provisions in Chapter 202 of the Texas eT GUIDELINES: Section 1. Definitions. Capitalized terms used ies pee have the following meanings: NU a 1.14. ARC- The Architectural Review Committee for T = as a) Homeowners Association, Inc., as identified in the Declaration.
1.2. Declaration - Collectively, the Declaration of oli or eegae and Restrictions for Texana Plantation, Section One (1), the De ion ovenants, Conditions and Restrictions for Texana Plantation, Section Teter we odaration of Covenants, Conditions and Restrictions for Texana Plantation, S ro the Declaration of Covenants, Conditions and Restrictions for Paniatin
trictions for Texana Plantation, Section Teter we odaration of Covenants, Conditions and Restrictions for Texana Plantation, S ro the Declaration of Covenants, Conditions and Restrictions for Paniatin Section Four (4), the Declaration of Covenants, Conditions and Rectan $ for he < ey eo Guidelines for Texana Plantation Homeowners Association, Inc. Pa 10 8 a 7 wo ‘, on Texana Plantation, Section Five (5), and the Declaration of Covenants, Conditions ee M2 and Restrictions for Texana Plantation, Section Six (6), recorded in the Official ) Public Records of Real Property of Fort Bend County, Texas, as amended.
-“ “4.3, Dedicatory Instrument (or dedicatory instrument) - Each document governing at of the establishment, maintenance or operation of the properties within Texana a é Plantation, as more particularly defined in Section 202.001 of the Texas Property | ( SO.
1,4 Guideliries- These Guidelines Relating to Rain Barrels and Rain Harvesting \ a Systeme $2 Energy Devices, Storm and Energy Efficient Shingles, Flags, and Religio Items for Texana Plantation Homeowners Association, Inc.
ae 1.5.» Texana-Plantation - The residential development located in Fort Bend County, “ a Other capitalizéd terms,us ‘In these Guidelines have the same meanings as that ascribed aN ations, ae to them in the Decl Property Code provides that a” pr 3€ dedicatory instrument that prohibits 3 or tes icts“d property Owner from installing rain barrels or a rain harvesting system on the hers Lot. However, Section 202.007 of the Texas Property Code further provides that a property owners*.association is not required to permit a rain
ling rain barrels or a rain harvesting system on the hers Lot. However, Section 202.007 of the Texas Property Code further provides that a property owners*.association is not required to permit a rain barrel or rainwater harvesting systém to be installed ‘on a Lot in particular circumstances or restricted from regulating rain barrels and rain-tarve 9g ) in specified manners.
The following Guidelines shall bé\appigableto rain barrels and rain harvesting systems in Texana Plantation: i we device is in compliance with thesd Guidelines’ Owners are encouraged to apply to the ARC for prior approval. The Associati pray require an Owner to remove a rain barrel or rain harvesting device that’ do of comply with requirements of these Guidelines. Pn pa a, 2.1. ARC Approval. In order to er ciate osed rain barrel or rain harvesting 2.2. Location. A rain barre! or rain harvesting $ystern. hot pried on a Lot between the front of the residential dwelling on the Lot apd an <j cent street.
2.3. Color and Display. A rain barrel or rain harves systéin i€ nt permitted: we a. unless the color of the rain barrel or rain harve oe m is-consistent with , erg-tof, or the color scheme of the residential dwelling on the ra b. if the rain barrel or rain harvesting system coplays iy | Jabg or other content that is not typically displayed by the rain barrel o petrarige eleven as it is manufactured. l C } ‘ Ae ihe 2.4. Regulations if Visible. If a rain barrel or rain harvesting systerinie-lotated oO side of the residential dwelling on the Lot or at any other location onthe Lot Phat i Aes oS “ Guidelines for Texana Plantation Homeowners Association, Inc. Page 20 8 i Ya “ 4 “ ( Cee visible from a street, another Lot, or a Common Area, the rain barrel or rain
Texana Plantation Homeowners Association, Inc. Page 20 8 i Ya “ 4 “ ( Cee visible from a street, another Lot, or a Common Area, the rain barrel or rain oe harvesting system must comply with the following regulations: Ce D> 2 -; a“) > a. Rain Barrel: oe CO (i) Size: A maximum height of forty-two (42) inches and a maximum capacity of fifty (50) gallons.
Ot pe: A rain barrel that has the appearance of an authentic barrel and is either entirely round or has a flat back to fit flush against OEE ™ a wall. A rain barrel must have a manufactured top or cap to VO SS prevent or deter the breeding of mosquitoes. , < “ally Wood, metal, polyethylene or plastic resin designed to look like an authentic barrel in brown or other earthtone color.
es a voy The rain barrel must be screened with evergreen landscaping 6. minimize its visibility from a street, another Lot, and ofamon Area, unless otherwise approved in writing by the - C.
(v) Dein “" Fhe, downspout which provides water to the rain barrel must “-—.,'be the same color and material as the gutters on the ¢ yeti elling. Further, the downspout must be vertical Cand. attached to the wall against which the rain barrel is AScatéd.
oe a b, Rain Harvestin System: nae rai aati system must collect and store the water ey The on neaerens rain harvesting system that is aboveground must appear to.be a lard pé or water feature. The above-ground portion of the rain an ae mee m all not extend above the surface of the ground by more an thi ches. The above-ground portion of the rain harvesting syetern rust be creened with evergreen landscaping to minimize visibility from a street’ p they Lot, and Common Area, unless otherwise approved in writing thSARC.
ground portion of the rain harvesting syetern rust be creened with evergreen landscaping to minimize visibility from a street’ p they Lot, and Common Area, unless otherwise approved in writing thSARC.
Provided that, the regulations in th i fi 2.4 Shall be applicable only to the extent that they do not prohibit the economic installation of the rain barrel or rain harvesting system on the Lot and there i§ a tne ly-gufficient area on the Lot in which to install the rain barrel or rain harvesting system, » of Section 3. Solar Energy Devices. Section 202.010 ¢f thé Texas Property Code provides that a property owners’ association may not enforce a provision in a.deditatory instrument that prohibits or restricts a property Owner from installing a solar energ Vice pt as otherwise provided therein. As used in Section 202.010 of the Texas Prope y Code, ‘sola energy device” has the meaning assigned by Section 171.107 of the Tax Code, whichdefi system or series of mechanisms designed primarily to provide heati zy g or to produce electrical or mechanical power by collecting and transferring solar ge ne term includes a mechanical or chemical device that has the ability to store oh cefl rgy for use in heating or cooling or in the production of power.
The following Guidelines shall be applicable to solar energy devices in CE ) Ca A Guidelines for Texana Plantation Homeowners Association, Inc. Se Sas os aa (C, * nm 3A. ARC Approval. The installation of a solar energy device requires the prior written eo approval of the ARC. Provided that, the ARC may not withhold approval if these - Guidelines are met or exceeded, unless the ARC determines in writing that
r energy device requires the prior written eo approval of the ARC. Provided that, the ARC may not withhold approval if these - Guidelines are met or exceeded, unless the ARC determines in writing that N. Cn 2 > placement of the device as proposed constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort proposed placement of the device by all Owners of property adjoining the Lot in < a ( Os annoyance to persons of ordinary sensibilities. The written approval of the Stioh, constitutes prima facie evidence that substantial interference does not See 3.3.
Sinton Deo energy device is not permitted anywhere on a Lot except on the ee roof-efth pase Fesidential dwelling or other permitted structure on the Lot or in a fenced yar of Pat within the Lot.
d on a Roof. A solar energy device mounted on the roof of the dwelling or other permitted structure on a Lot: ra all not extend d bigher than or beyond the roofline; roofline? st b. shall Gopi Bem of the roof and have a top edge that is parallel to the shall have“ffame: og rackets and/or visible piping or wiring that are silver, bronzé.ef black « tori, as ae available in the marketplace; and shall be locate)-67 the a designated by the ARC unless an alternate location increases the sae an nual energy production of the device by more than ten percent”(10%) ab se fe energy production of the device if located in the area de ignated_by the-ARC. For determining estimated annual energy production, the ‘parties shal -uge a publicly available modeling tool provided by the National R ¢ pner Laboratory.
3.4. Visibility. A solar energy device | caled-i na anus yard or patio shall not be taller than or extend above the fence enciesin yard b+. patio.
voids material warranties.
ional R ¢ pner Laboratory.
3.4. Visibility. A solar energy device | caled-i na anus yard or patio shall not be taller than or extend above the fence enciesin yard b+. patio.
voids material warranties.
3.5. | Warranties. A solar energy device (eel on a Lot in a manner that 3.6. Limitations. A solar energy device is not pe itte ley tia Loti as adjudicated by a court, it threatens the public health or safety or ee ee ae Section 4. Storm _and Energy Efficient Shin les. Sper 202.0 1 of the Texas Property Code provides that a property owners’ association may’,not’ enforce rovision in a dedicatory instrument that prohibits or restricts a property Owner from ee ne s that: a.
are designed to: C4.
7) (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater thar Gooch i.
customary composition shingles; or (iii) provide solar generation capabilities; and Co a ‘ a3 Jn, < a Guidelines for Texana Plantation Homeowners Association, Inc. Page 46f 8 a