TENTH AMENDMENT to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for CANYON GATE AT PARK LAKES AND CANYON VILLAGE AT PARK LAKES

Transcription

1 TENTH AMENDMENT to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for CANYON GATE AT PARK LAKES AND CANYON VILLAGE AT PARK LAKES 7,n 1 :1 03, /23/2011 THE STATE OF TEXAS COUNTY OF HARRIS KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, LAND TEJAS PARK LAKES EAST, LTD., a Texas limited partnership and CW LT I Development, LP., a Texas limited partnership, (collectively the "Developer") were the sole record owners of that certain property heretofore platted and subdivided into those certain residential subdivisions known as Canyon Village at Park Lakes, Section One (1), a subdivision located in Harris County, Texas according to the map or plat recorded under County Clerk's File Number X and Film Code No of the Map Records of Harris County, Texas; Canyon Village at Park Lakes, Section Four (4), a Harris County Clerk's File No. X and Film Code No of the Map Records of Harris County, Texas; Canyon Village at Park Lakes, Section Five (5), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Harris County Clerk's File No. X and Film Code No of the Map Records of Harris County, Texas; Canyon Village at Park Lakes, Section Six (6), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Harris County Clerk's File No. X and Film Code No of the Map Records of Harris County, Texas (the "Property"); WHEREAS, Developer by that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File No. Y (the "Declaration"), imposed on the Property all those certain covenants, conditions, restrictions, and easements set forth therein; WHEREAS, the Declaration was amended by that certain instrument entitled "First Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Tenth Amendment to Declaration for Park Lakes Page 1 of 13

2 Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Z (the Declaration as amended hereinafter still referred to as the "Declaration"); WHEREAS, the Declaration was amended by that certain instrument entitled "Second Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); WHEREAS, the Declaration was amended by that certain instrument entitled "Third Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); WHEREAS, the Declaration was amended by that certain instrument entitled "Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); WHEREAS, the Declaration was amended by that certain instrument entitled "Fifth Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); WHEREAS, the Declaration was amended by that certain instrument entitled "Sixth Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); Tenth Amendment to Declaration for Park Lakes Page 2 of 13

3 WHEREAS, the Declaration was amended by that certain instrument entitled "Seventh Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); WHEREAS, the Declaration was amended by that certain instrument entitled "Eighth Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); WHEREAS, the Declaration was amended by that certain instrument entitled "Ninth Amendment to Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes and Canyon Village at Park Lakes" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the Declaration as amended hereinafter still referred to as the "Declaration"); Section Three (3), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y295025, Developer did restrict Canyon Gate at Park Lakes, Section Three (3), a Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Three (3)); Section Four (4), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y295027, Developer did restrict Canyon Gate at Park Lakes, Section Four (4), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Tenth Amendment to Declaration for Park Lakes Page 3 of 13

4 Property (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Four (4)); Section Five (5), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y295028, Developer did restrict Canyon Gate at Park Lakes, Section Five (5), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Five (5)); Section Six (6), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y295030, Developer did restrict Canyon Gate at Park Lakes, Section Six (6), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Six (6)); Section Seven (7), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y295033, Developer did restrict Canyon Gate at Park Lakes, Section Seven (7), a Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Seven (7)); Tenth Amendment to Declaration for Park Lakes Page 4 of 13

5 Section Eight (8), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y295035, Developer did restrict Canyon Gate at Park Lakes, Section Eight (8), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Eight (8)); Section Nine (9), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No , Developer did restrict Canyon Gate at Park Lakes, Section Nine (9), a Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property, which document was amended by that certain instrument entitled "First Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Nine (9), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Nine (9)); Section Eleven (11), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No , Developer did restrict Canyon Gate at Park Lakes, Section Eleven (11), a County Clerk's File No and Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property, which document was amended by those certain instruments entitled "First Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Eleven (11), A Subdivision in Harris County, Texas" and "Second Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Eleven (11), A Subdivision in Harris Tenth Amendment to Declaration for Park Lakes Page 5 of 13

6 County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File Nos and (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Eleven (11)); WHEREAS, by that certain instrument entitled 'Annexation and Supplemental Section Twelve (12), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No , Developer did restrict Canyon Gate at Park Lakes, Section Twelve (12), a County Clerk's File No and Film Code NO of the Map Records of Harris County, Texas to the Declaration and annex it into the Property, which document was amended by those certain instruments entitled "First Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Twelve (12), A Subdivision in Harris County, Texas" and "Second Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Twelve (12), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File Nos and (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Twelve (12)); Section Thirteen (13), A Subdivision in Harris County, Texas". filed of record in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File No , Developer did restrict Canyon Gate at Park Lakes, Section Thirteen (13), a Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property, which document was amended by those certain instruments entitled "First Amendment to AnnexatiOn and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Thirteen (13), A Subdivision in Harris County, Texas" and "Second Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Thirteen (13), A Subdivision in Harris County, Texas" filed of record in the Official PubliC Records of Real Property of Harris County, Texas under County Clerk's Tenth Amendment to Declaration for Park Lakes Page 6 of 13

7 File Nos and (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Thirteen (13)); Section Fourteen (14), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No , Developer did restrict Canyon Gate at Park Lakes, Section Fourteen (14), a County Clerk's File No and Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property, which document was amended by those certain instruments entitled "First Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Fourteen (14), A Subdivision in Harris County, Texas" and "Second Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Fourteen (14), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File Nos and (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Fourteen (14)); Section Sixteen (16), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's Fife No , Developer did restrict Canyon Gate at Park Lakes, Section Sixteen (16), a Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property, which document was amended by those certain instruments entitled "First Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Sixteen (16), A Subdivision in Harris County, Texas" and "Second Amendment to Annexation and Supplemental Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park Lakes, Section Sixteen (16), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's Tenth Amendment to Declaration for Park Lakes Page 7 of 13

8 File Nos and (the term "Property" hereinafter including Canyon Gate at Park Lakes, Section Sixteen (16)); Declaration of Covenants, Conditions and Restrictions for Canyon Village at Park Lakes, Section Seven (7), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Z222584, Developer did restrict Canyon Village at Park Lakes, Section Seven (7), a Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term "Property" hereinafter including Canyon Village at Park Lakes, Section Seven (7)); Declaration of Covenants, Conditions and Restrictions for Canyon Village at Park Lakes, Section Eight (8), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Z222581, Developer did restrict Canyon Village at Park Lakes, Section Eight (8), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term "Property" hereinafter including Canyon Village at Park Lakes, Section Eight (8)); Declaration of Covenants, Conditions and Restrictions for Canyon Village at Park Lakes, Section Nine (9), A Subdivision in Harris County, Texas" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No , Developer did restrict Canyon Village at Park Lakes, Section Nine (9), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film Code No of the Map Records of Harris County, Texas to the Declaration and annex it into the Property (the term 'Property" hereinafter including Canyon Village at Park Lakes, Section Nine (9)); WHEREAS, CVV LT I Development, L.P., a Texas limited partnership assigned all its right under the Declaration by virtue of that certain instrument entitled "Assignment of Tenth Amendment to Declaration for Park Lakes Page 8 of 13

9 Rights, Assumption of Obligations and Designation of Sole Developer" filed of record in the Official Public Records of Real Property of Harris County, Texas under County Clerks' File No to Land Tejas Park Lakes East, Ltd., a Texas limited partnership who is now the sole Developer. WHEREAS, Article X, Section 10.7 of the Declaration provides that the terms of the Declaration can be amended by the. Developer without the joinder of any other party as long as Developer owns a Lot and the amendment to the Declaration is not inconsistent with the residential character of the Property; and WHEREAS, the Developer still owns a Lot and this amendment is not inconsistent with the residential character of the Property. tt) I;;;,1 is NOW, THEREFORE, the Developer hereby amends Article HI, Section 3.4 of the Declaration as it applies to all of the Property to read as set forth below: SECTION 3.4 AUTOMOBILES, BOATS, TRAILERS, RECREATIONAL VEHICLES AND OTHER VEHICLES. No motor vehicle may be parked or stored on any part of any Lot, easement, street right-of-way or Common Area or in the street adjacent to any Lot, easement, right-of-way or Common Area unless: (a) such vehicle does not exceed either eight feet (8') in height, and/or seven feet six inches (7'6") in width, and/or twenty-one feet (21') in length ("Permitted Vehicle"); and (b) such Permitted Vehicle (i) is in good and operating condition (including no flat tires); and (ii) has current license plates and inspection stickers. No Permitted Vehicle parked on a driveway may be covered with tarps or other coverings. No vehicle of any type may ever be parked on an unpaved portion of a Lot. Except as provided below, Permitted Vehicle(s) belonging to a resident of a Lot ("Resident") must be parked within the Resident's garage or on the driveway of his/her residence. Permitted Vehicles belonging to Residents may be parked in the street during DAYLIGHT HOURS when Tenth Amendment to Declaration for Park Lakes. Page 9 of 13

10 (and ONLY when) the driveway of their Lot is NOT capable of being occupied by a Permitted Vehicle; vehicles belonging to Residents of a Lot may not be parked in the street at any other time. (For the purposes of this Paragraph the term "Daylight Flours" shall mean the hours of a day between sunrise and sunset) Guests of Residents are permitted to park their Permitted Vehicles in the street when (and ONLY when) the driveway of the Resident they are visiting is not capable of being occupied by their Permitted Vehicle. Otherwise, guests of Residents must park their Permitted Vehicles in the driveway of the Resident they are visiting. No non-motorized vehicle, trailer, boat, marine craft, jet ski, all terrain vehicle (ATV), hovercraft, aircraft, machinery or equipment of any kind or any type of vehicle of any type other than a Permitted Vehicle may be parked or stored on any part of any Lot, driveway, easement, street right-of-way, or Common Area or in the street adjacent to such Lot, easement, street right-of-way, or Common Area unless such object is concealed from public view inside a garage or other approved enclosure (on the Owner's Lot). No one shall park, stop or keep within or adjoining the Property any large commercial-type vehicle (dump truck, cementmixer truck, oil or gas truck, delivery truck, tractor or tractor trailer, boat trailer and any other vehicle equipment, mobile or otherwise deemed to be a nuisance by the Board of Directors of the Association), or any recreational vehicle (camper unit, motor home, truck, trailer, boat, mobile home or other similar vehicle deemed to be a nuisance by the Board of Directors of the Association). Provided, however, recreational vehicles may be temporarily parked on a Lot for the purposes of loading and unloading; for the purposes of this section the allowed "temporary parking" cannot exceed twenty-four (24) hours in any seven (7) day period of time. No one shall conduct repairs or restorations of any motor vehicle, boat, trailer, aircraft or other vehicle upon any street, driveway, Lot or portion of the Common Area, except for repairs to the personal vehicles of the residents conducted exclusively in the enclosed garage (and provided such personal vehicle repairs do not cause excessive noise or disturb the neighbors at unreasonable hours of the night). Tenth. Amendment to Declaration for Park Lakes Page 10 of 13

11 This restriction shall not apply to (i) any vehicle, machinery, or maintenance equipment temporarily parked and in use for the construction, repair or maintenance of a house or houses in the immediate vicinity, (ii) Permitted Vehicles that are official law enforcement vehicles (e,g. city, county or state), clearly indentified as such, or (iii) emergency vehicles providing services to a Lot, including, but not limited to fire or emergency medical services. No vehicle shall be parked on streets or driveways so as to obstruct ingress or egress by other Owners, their families, guests and invitees or the general public using the streets for ingress and egress in the Property. The Association may designate areas as fire zones, or no parking zones, or guest parking only zones. The Association shall have the authority to tow any vehicle parked or situated in the Common Area or on streets in Gated Sections in violation of this Declaration or the Association rules, the cost to be at the vehicle owner's expense. No motor bikes, motorcycles, motorscooters, "go-carts" or other similar vehicles shall be permitted to be operated in the Property if, in the sole judgment of the Association, such operation, by reason of noise or fumes emitted, or by reason of manner of use, shall constitute a nuisance or jeopardize the safety of any Owner, his tenants, and their families. The Association may adopt rules for the regulation of the admission and parking of vehicles within the Property, the Common Areas, and adjacent street right-of-ways, including the right to grant temporary variances and the assessment of charges and fines to Owners who violate, or whose invitees violate, such rules after notice and hearing. If a complaint is received by or issued by the Association about a violation of any part of this Section 3.4, the Board will be the final authority on the matter. The amendment of the Declaration set forth above shall be deemed to be a part of and shall be interpreted in accordance with the Declaration. All provisions of the Declaration not amended hereby are hereby ratified and confirmed in each and every particular, and shall continue in full force and effect pursuant to the terms of the Declaration. Tenth Amendment to Declaration for Park Lakes Page 11 of 13

12 IN WITNESS WHEREOF, the undersigned for the purpose of acknowledging its consent and approval to the amendment of the Declaration Developer has executed this instrument as of the date set forth below to be effective from the original date of recordation of the Declaration. Executed on the IC day of, Land Tejas Park East, Ltd., a Texas limited partnership By: Land Tejas Companies, Ltd, A Texas limited partnership Its managing.general Partner By: Land Tejas Corporation, General Partner A Tex -s corporation By: Courtney Grover, Vice President By: 1(//dedt, Al P. Brenda, Vice President THE STATE OF TEXAS COUNTY OF HARRIS, This instrument was acknowledged before me on the ICtill day of I, 2011 by Courtney P. Grover, Vice President of Land Tejas Corportn, a Texas corporation, for the consideration and in the capacities stated herein. j1.11/ l,...ai.nlaur 4 Y "AVvvi, srrrfv,,,,,n-vcr.rff/ JANICE GORDO My Commission Expires March 18, 2013 v,nrrp, LCL PTO No ary Public in and tate of Texas Tenth Amendment to Declaration for Park Lakes Page 12 of 13

13 THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the tti day of C), 2011 by Al P. Brende, Vice President of Land Tejas Corporation, a Texas corpioration, for the consideration and in the capacities stated h rein. AAAAAAA &A.& 0,1,36.16 AA1.14,44 JANICE GORDO My Commission Expires March 13, 2013 a L. L public in andor the State of Texas Return tol':"'" " Butler J Halley 8901 Gaylord Drive, Suite 100 Houston, Texas MO PKIVISEINIERVINIOIREMMAE OK OAVNOFIliDESCRIZEDRE111. V. PICIPMECMCIOVIONICEISINY4BMODSRO ULEMFEDEN M. :c THE STATE OF TEXAS 7> COUNTY OF HARRIS itinby A xi c-) kilt IWO vas HD h 1:12 Auto Sypwools titerd 11 Ihgap Q brgerttaraditrirovalvas*recorded,weciatmendlaiklkmyotmis.n C: 0.4 te m AUG r..- -f, k rn I A COUNTY CLERK HARRIS COUNTY, TEXAS ;I) Tenth Amendment to Declaration for Park Lakes Page 13 of 13