FIFFIETH AMENDMENT TODECLARATION OF COVENANTS CONDITIONS ANIRESTRICTIONS FORCIRCLE RANCH SLJBDWISION IUhIllIllllhIhflfiuIllh/MIIpIIIJIfij pcs2004142555 ThisFiftieth Amendment toDeclaration ofCovenants Conditions andRestrictions is made tobeeffective the date setforthbyEleven CastleManagement Company IncTexas corporation RECITALS ByDeclaration ofCovenants Conditions andRestrictions forCircle Ranch Subdivision recorded inVolume 10585 Page110RealPropertyrecords ofTravisCounty TexastheOriginal Declaration Circle Development Corporation Texas corporation theOriginal Declarant imposed certain covenants restrictions charges andliensupon certain realproperty astherein described TheOriginal Declaration has been amended bydocuments recorded inVolume 771Volume 10729 Page1153Volume 10778 Page284Volume 10847 Page 10961 Page0851Volume 11003 Page1060Volume 11134 Page1045 0883 0009 0642Page Page0139 Volume 11924 Page Page0356 Volume 12081 Page Page1241 Volume 12236 Page0471 ascorrected inVolume 12403 Page0495Volume 12377 Page0508Volume 12492 Page0516Volume 12618 Page0072 Volume 12667 Page0169 Volume 12705 Page1542 Volume 12864 Page1216Volume 13114 Page0043Document No1999160088 Document No2000011673 Document No2000114433 Document No2000197659 Document No2001089350 Document No2002058627 Document No2002058624 Document No2002019633 Document No2002102177 Document No2002182179 Document No2002183448 Document No2002181298 Document No2002181399 andNo2003151204 respectively oftheRealProperty Records ofTravis County Texaswhich Original Declaration as soamended isherein referred to asthe DeclarationVolume 11924 Volume 11929 Volume 12231 Circle Development Corporation assigneditsrights andprivileges as Declarant under the Declaration toCircle Development JointVenture Circle
ed to asthe DeclarationVolume 11924 Volume 11929 Volume 12231 Circle Development Corporation assigneditsrights andprivileges as Declarant under the Declaration toCircle Development JointVenture Circle Development Venture subsequently assigneditsrightsandprivileges asDeclarant under the Declaration toCircle LandCorp Texas corporation Circle LandCorp subsequently assigneditsrightsandprivileges asDeclarant underthe Declaration toPhoenix Holdings LtdTHESTATE OF TEXAS COUNTY OFTRAVIS 10627 Page 1704Volume Volume 11824 Volume 11925 Volume 12219 Volume 12265 0880Volume Volume 12667 Volume 12721 Volume 13224 No2000093548 No2000163769 No2002058630 No2002167238 No2002182178Page0959 Page1479 Page2799 12280 Page Page0678 Page0016 Page0757 Document Document DocumentDocument Document 3225354v1 FIFTIETH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR cmcLE C RANCH SUBDMSION THE STATE OF TEXAS COUNTY OF TRAVIS § § § 11«1111111111m11111m1111111111m11;1 AMEND 2004142555 8 PGS This Fiftieth Amendment to Declaration of Covenants, Conditions and Restrictions is made to be effective the date set forth by Eleven Castle Management Company, Inc., a Texas corporation.
RECITALS: A By Declaration of Covenants, Conditions and Restrictions for Circle C Ranch Subdivision recorded in Volume 10585, Page 110, Real Property records of Travis County, Texas (the "Original Declaration"), Circle C Development Corporation, a Texas corporation (the "Original Declarant") imposed certain covenants, restrictions, charges and liens upon certain real property as therein described.
laration"), Circle C Development Corporation, a Texas corporation (the "Original Declarant") imposed certain covenants, restrictions, charges and liens upon certain real property as therein described.
B. The Original Declaration ha<., been amended by documents recorded in Volume 10627, Page 771; Volume 10729, Page 1153; Volume 10778, Page 284; Volume 10847, Page 1704; Volume 10961, Page 0851; Volume 11003, Page 1060; Volume 11134, Page 1045; Volume 11824, Page 0883; Volume 11924, Page 0139; Volume 11924, Page 0959; Volume 11925, Page 0009; Volume 11929, Page 0356; Volume 12081, Page 1479; Volume 12219, Page 0642; Volume 12231, Page 1241; Volume 12236, Page 2799; Volume 12265, Page 0471; as corrected in Volume 12403, Page 0495; Volume 12280, Page 0880; Volume 12377, Page 0508; Volume 12492, Page 0516; Volume 12618, Page 0678; Volume 12667, Page 0072; Volume 12667, Page 0169; Volume 1270?, Page 0016; Volume 12721, Page 1542; Volume 12864, Page 1216; Volume 13114, Page 0757; Volume 13224, Page 0043, Document No. 1999160088, Document No. 2000011673, Document No. 2000093548, Document No. 2000114433, Document No. 2000197659, Document No 2000163769, Document No. 2001089350, Document No. 2002058627, Document No. 2002058630, Document No. 2002058624, Document No. 2002019633, Document No. 2002167238, Document No. 2002102177, Document No. 2002182179, Document No. 2002182178, Document Nu. 2002183448, Document No. 2002181298, Document No. 2002181399, and No. 2003151204 respectively, of the Real Property Records of Travis County, Texas (which Original Declaration, as so amended, is herein referred to as the "Declaration").
Document No. 2002181399, and No. 2003151204 respectively, of the Real Property Records of Travis County, Texas (which Original Declaration, as so amended, is herein referred to as the "Declaration").
C. Circle C Development Corporation assigned its rights and privileges as "Declarant" under the Declaration to Circle C Development Joint Venture; Circle C Development Venture subsequently assigned its rights and privileges as "Declarant" under the Declaration to Circle C Land Corp., a Texas corporation; Circle C Land Corp. subsequently assigned its rights and privileges as "Declarant" under the Declaration to Phoenix Holdings, Ltd., . ' 1 3225354vl Texas limited partnership andPhoenix Holdings Ltdsubsequently assigneditsrightsand privileges asDeclarant under the Declaration toEleven CastleManagement Inc Texas corporation Article Section ofthe Declaration provides thatDeclarant hastherightatany timeandfromtime to timetobringwithin thescheme ofthe Declaration additional properties andfurther hastherighttosupplement ormodify the Declaration asmaybeappropriate forsuch additional property Paragraph Section oftheForty-Third Amendment tothe Declaration of Covenants Conditions andRestrictions forCircle Ranch asrecorded inDocument No2002182178 oftheTravis County Property Records requires recorded supplemental Declaration tomodify certain Articles oftheForty-Third Amendment Declarant desires tobringcertain property within thescheme ofthe Declaration andtomodify the Declaration astosaidpropertyadhereinafter setforth NOWTHEREFORE Declarant hereby declares asfollows Addition toProperty Subject toDeclaration Thefollowing tractofland theAdditional Land ishereby added totheProperties subject toandcovered bythe Declaration 48.829 acresoflandmoreor less asmoreparticularly described
perty Subject toDeclaration Thefollowing tractofland theAdditional Land ishereby added totheProperties subject toandcovered bythe Declaration 48.829 acresoflandmoreor less asmoreparticularly described onExhibit attached hereto andmade parthereof andalso known asportionoftheSomerset Estates recorded subdivision Document No200400111 inTravisCounty Texas Modification ofthe Declaration astotheAdditional Land The Additional Land shallbeheldtransferred soldconveyed occupied and used subject tothecovenants restrictions charges andliensassetforthintheDeclaration provided thatasthesame relate to theAdditional Landonjythe terms andprovisions ofthe Declaration are modified asfollows Article Section ofthe Declaration ishereby deleted inits entirety andthefollowing issubstituted intheplaceandsteadthereof Section Minimum Square Footage Within Improvements Theliving areaofthemain residential structure located onanyLotexclusive of porches andparking facilities shallnotbelessthantwothousand five hundred ninety2590 squarefeetandnotmorethanthreethousand three hundred ninety3390 squarefeetforthe65footLotsTheliving areaof themainresidential structure located onanyLotexclusive ofporches and parking facilities shallnotbelessthanthreethousand3000 squareand notmorethanthreethousand twohundred3200 squarefeetforthe85 footLots registered Architect shallcertify signed andsealed the square footage foreachresidential structure 3225354v1
v1 D.. Article I, Section·3 of the Declaration provides that Declarant has the right at any time and from time to time to bring within the scheme of the Declaration additional properties, and further has the right to supplement or modify the Declaration as may be appropriate for such additional property. Paragraph E, Section 3 of the Forty-Third Amendment to the Declaration of Covenants Conditions and Restrictions for Circle C Ranch, as recorded in Document No. 2002182178 of the Travis County Property Records, requires recorded supplemental Declaration to modify certain Articles of the Forty-Third Amendment.
E. Declarant desires to bring certain property within the scheme of the Declaration and to modify the Declaration as to said property ad hereinafter set forth.
NOW, THEREFORE, Declarant hereby declares as follows: I. Addition to Property Subject to Declaration. The following tract of land (the "Additional Land") is hereby added to the Properties subject to and covered by the Declaration: 48.829 acres of land, more or less, as more particularly described on Exhibit A attached hereto and made a part hereof, and also known as a portion of the Somerset Estates, a recorded subdivision (Document No.200400111) in Travis County, Texas.
particularly described on Exhibit A attached hereto and made a part hereof, and also known as a portion of the Somerset Estates, a recorded subdivision (Document No.200400111) in Travis County, Texas.
2. Modification of the Declaration as to the Additional Land. The Additional Land shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, restrictions, charges and liens as set forth in the Declaration, provided that as the same relate to the Additional Land only, the terms and provisions of the Declaration are modified as follows: 3225354vl (a) Article V, Section 2 of the Declaration is hereby deleted in its entirety, and the following is substituted in the place and stead thereof: Section 2. Minimum Square Footage Within Improvements. The living area of the main residential structure located on any Lot, exclusive of porches and parking facilities, shall not be less than two thousand five hundred ninety (2,590) square feet and not more than three thousand three hundred ninety (3,390) square feet for the 65 foot Lots. The living area of the main residential structure located on any Lot, exclusive of porches and parking facilities, shall not be less than three thousand (3,000) square and not more than three thousand two hundred (3,200) square feet for the 85 foot Lots. A registered Architect shall certify (signed and sealed) the square footage for each residential structure.
2 Article Section8ehereby deleted initsentirety andthe following issubstituted intheplaceandsteadthereof Fences The Owner ofeachLotuponwhich residential structure hasbeenconstructed orisunder construction shallconstruct or cause tobeconstructed atsuchOwners expense six-foot privacy fence alongtherearandsideLotlinesthematerials andlocation ofwhich shall
tructure hasbeenconstructed orisunder construction shallconstruct or cause tobeconstructed atsuchOwners expense six-foot privacy fence alongtherearandsideLotlinesthematerials andlocation ofwhich shall besubject toapproval bytheArchitectural Control Committee Where fences are constructed adjacent toanyschool open space orcommon areasuchfences shallbeconstructed withfacetoward theschool open space orcommon areaaccordingtotheDesign Guidelines Where fences are constructed onsideLotsOwner isrequired toinstall shrubs alongthe entiresidefence Gates are not allowed in/onrear or side fences Cost of construction andmaintenance offences alongcommon Lotlinesmaybe shared bytheOwners ofadjacent Lotshowever each such Owner shall befullyliableforthe construction andmaintenance offences along the rearandsideLotlinesofhisrespective LotNofence shallbebuilt in or ondrainage easement Article Section9bivishereby deleted initsentirety andthe followingissubstituted intheplaceandsteadthereof ivForthe65footlotsperExhibit Theexterior wallsofall residential structures constructed onanyLotwithin theAdditional Landmusthaveminimum of100%masonry coverage onall sides For the 85footlotsperExhibit Theexterior wallsofall residential structures constructed onanyLotwithin theAdditional Landmusthaveminimum of100%masonry coverage onall sides Article Section10a ishereby deleted initsentirety andthe following issubstituted intheplaceandsteadthereof Therearbuilding setback lineshallbethirty30feet Inconsideration ofthebenefits to theAdditional Landandthesubsequent owners thereof asresultofbeingbrought within thescheme oftheDeclaration andothergood andvaluable consideration thereceipt andsufficiency ofwhich areherebyacknowledged SCC CANYON IILLCSCC hasjoined in this Fiftieth Amendment toconfirm anddeclare thatit
eme oftheDeclaration andothergood andvaluable consideration thereceipt andsufficiency ofwhich areherebyacknowledged SCC CANYON IILLCSCC hasjoined in this Fiftieth Amendment toconfirm anddeclare thatit hasconsented toandapproved and does hereby consent toandapprove theaddition ofthe Additional Land totheProperties covered bytheDeclaration onandsubject tothetermsand provisions ofthisAmendment doesfurther declare thattheAdditional Land shallbeheld transferred soldconveyed occupied andusedsubject tothecovenants restrictions charges and liensassetforthintheDeclaration providedthatasthesame relate totheAdditional Land the 3225354v1 (b) Article V, Section 8(e) hereby deleted in its entirety, and the following is substituted in the place and stead thereof: e. Fences. The Owner of each Lot upon which a residential structure has been constructed (or is under construction) shall construct or cause to be constructed, at such Owner's expense, a six-foot privacy fence along the rear and side Lot lines, the materials and location of which shall fences are constructed adjacent to any school, open space, or common area, such fences shall be constructed with face toward the school, open space, or common area according to the Design Guidelines. Where fences are constructed on side Lots, Owner is required to install shrubs along the entire side fence. Gates are not allowed in/on rear or side fences. Cost of construction and maintenance of fences along common Lot lines may be shared by the Owners of adjacent Lots; however, each such Owner shall be fully liable for the construction and maintenance of fences along the rear and side Lot lines of his respective Lot. No fence shall be built in or on a drainage easement.
ver, each such Owner shall be fully liable for the construction and maintenance of fences along the rear and side Lot lines of his respective Lot. No fence shall be built in or on a drainage easement.
(c) Article V, Section 9(b)(iv) is hereby deleted in its entirety, and the following is substituted in the place and stead thereof: iv. For the 65 foot lots per Exhibit B -The exterior walls of all residential structures constructed on any Lot within the Additional Land must have a minimum of 100% masonry coverage on all · sides.
For the 85 foot lots per Exhibit B -The exterior walls of all residential structures constructed on any Lot within the Additional Land must have a minimum of 100% masonry coverage on all sides.
(d) Article V, Section I0(a) is hereby deleted in its entirety, and the following is substituted in the place and stead thereof: (a) The rear building setback line shall be thirty (30) feet.
3. In consideration of the benefits to the Additional Land and the subsequent owners thereof as a result of being brought within the scheme of the Declaration, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SCC CANYON II, LLC ("SCC"), has joined in this Fiftieth Amendment to confirm and declare that it has consented to and approved, and does hereby consent to and approve, the addition of the Additional Land to the Properties covered by the Declaration, on and subject to the terms and provisions of this Amendment; does further declare that the Additional Land shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, restrictions, charges and liens as set forth in the Declaration, provided that as the same relate to the Additional Land, the 3 3225354vl
d, sold, conveyed, occupied and used subject to the covenants, restrictions, charges and liens as set forth in the Declaration, provided that as the same relate to the Additional Land, the 3 3225354vl termsandprovisions ofthe Declaration aremodified assetforthinthisAmendment anddoes further hereby inallrespects adopts confirm ratifyandapprove thisAmendment EXECUTED thisthe_3day of CONSENT BYSCC2004 Theundersigned hereby consents totheaddition oftheAdditional LandtotheProperty covered bythisDeclaration inaccordance withthetermsofParagraph ofthisAmendment SCC-CANYON IILLC Delaware limited liability company Title 3225354v1 terms and provisions of the Declaration are modified as set forth in this Amendment; and does further hereby in all respects adopts, confirm, ratify and approve this Amendment.
EXECUTEDthisthe 1frdayof JiJ.Jc ,2004.
CONSENT BY sec The undersigned hereby consents to the addition of the Additional Land to the Property covered by this Declaration in accordance with the terms of Paragraph 3 of this Amendment.
4 3225354vl SCC-CANYON II, LLC, a Delaware limited liability company B~k Name: ]?A::iJ i--l ftY. ES STATE OF TEXAS COUNTY OFTRAVIS OnJLJjyj $4ersona11yknown tome proved tomeonthebasisofsatisfactory evidence tobethepersons whosenamesis/aresubscribed tothewithin instrument andacknowledged tomethathe/she/they executed thesameinhis/her/theft authorized capacityies andthatby his/her/their signatures ontheinstrument thepersons ortheentityuponbehalfofwhich the persons acted executed theinstrument WITNESS myhand and official seal $attIfe6fNotary CAPACITYCLAIMED BY SIGNER Individual Partners Trustees 4èorporate
ment thepersons ortheentityuponbehalfofwhich the persons acted executed theinstrument WITNESS myhand and official seal $attIfe6fNotary CAPACITYCLAIMED BY SIGNER Individual Partners Trustees 4èorporate Officers 4tWv--u TitlesAttorney-In-Fact Subscribing Witness Guardian/Conservator SIGNER ISREPRESENTING NameofPersons orEntityieskvC4LOkarvcgn..ckfAj Afterrecording returnto Steve Bartlett TheBartlettGroup 1000 Westbank DrSte2C AustinTX78746personally appeared 3225354v1 STATE OF TEXAS COUNTY OF TRAVIS ) ) ) ~ersonally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
CAPACITY CLAIMED BY SIGNER: [ ] Individual [ ] Attorney-In-Fact [ ] Partner(s) [ ] Subscribing Witness [ ] Guardian/Conservator [ ] Trustee(s) Title(s) SIGNER IS REPRESENTING: After recording return to: Steve Bartlett The Bartlett Group 1000 Westbank Dr., Ste 2C Austin, TX 78746 3225354vl 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT StateofCalifornia CountyofLi54flgdt3 OnJIJO 2W beforeme3hCIflff r9NoW/ft10 personallyappearet8 /l3azLhave.sName andlisa at Ofiicei Jan4Dogr7tarysbiC Names atSeners iersonally known tome proved tomeonthe basis ofsatisfactory SHEREE HOGGRO evidence Commission1483985
r9NoW/ft10 personallyappearet8 /l3azLhave.sName andlisa at Ofiicei Jan4Dogr7tarysbiC Names atSeners iersonally known tome proved tomeonthe basis ofsatisfactory SHEREE HOGGRO evidence Commission1483985 NotaryPublic Californiatobethepersons whosenames is/are LosAngelesCOuntysubscribed tothewithin instrument and 17.2008acknowledged tomethathe/she/they executed thesame inhis/her/their authorized capacityiesand that byhis/her/their signatures ontheinstrument the persons or theentityuponbehalf ofwhichthepersons acted executed theinstrument gSmYha7eaJ OPTIONAL Thoughtheinformation below isnotrequired byheyitmayprove valuable topersons relying onthedocument andcouldprevenr fraudulent removal andreallachmenl ofthisformtoanother document .4 Description ofAttached Document Capacityies Claimed bySigner Individual tutu here Partner Limited General Attorney-in-Fact Trustee Guardian orConservator -4 Ftçt \vc 1909Natmnal Nesy Associates 9350 De SoleAveP0Sos2402-Cltalswsrth CA913132402 www.na6osalnotarystrg Fred No 9907 Reorder Cal Tot-Free 1-600-676-6627RIGHT THUMEPRINT OF SIGNER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
LEDGMENT EXHIBIT Lots through 95inclusive ofBlock andLots thru20inclusive ofBlock ofSomerset Estates asshown onplatrecorded onApril 2004 asDocument Number 200400111 inthe Books and Records oftheCountyofTravis StateofTexas 322S3S4vI EXHIBIT A Lots 1 through 95 inclusive of Block A and Lots 1 thru 20 inclusive of Block B of Somerset Estates as shown on a plat recorded on April 6, 2004 as Document Number 200400111 in the Books and Records of the County of Travis, State of Texas.
6 3225354vl EXHIBIT Somerset Estates Asrecorded inthe Travis County Platrecords inDocument No200400111 65FootLots Lot Block 2-57 1-20 85FootLots Lot Block 58-93 FILED ANDRECORDED OFFICIALPUBLICRECORDS 2004Jul26 FERGUSONL 2a.00 DANADEBEAUVOIRCOUNTYCLERK TRAVISCOUNTYTEXAS 3225354v1 3225354vl EXHIBITB Somerset Estates As recorded in the Travis County Plat records in Document No. 200400111 65 Foot Lots Lot Block 2-57 A 1-20 B
0 DANADEBEAUVOIRCOUNTYCLERK TRAVISCOUNTYTEXAS 3225354v1 3225354vl EXHIBITB Somerset Estates As recorded in the Travis County Plat records in Document No. 200400111 65 Foot Lots Lot Block 2-57 A 1-20 B 1.Q! Block 58-93 A 7 FILED AND RECORDED OFFICIAL PUBLIC RECORDS""' 2004 Jul 26 02:07 PM 2004142555 FERGUSONL $2S.00 DANA DEBEAUVOIR COUNTY CLERK TRAVIS COUNTY TEXAS