ORDER NO. c7951 REVISION OF FLAT AND SET F~UPLIC HEARING On this the '7th day of Jan~_iar•y, c0~?,, upon motion made by Commissioner Nicholson, seconded by Commissioner Lets, the Co~_irt ~_manimo~_~sly approved by a vote of 4-0-0, that the Co~_~rt set a p~_~bl is hearing far hlarch 10, c00?~ at 10:15 a. m. to consider alternate plat approval for a revision of plat for, Tracts i~A, 1.~H, 14A, and 14B of the Y. O, Ranchlands. ~ ~ysi COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston, P.E. OFFICE: Road & Bridge MEETING DATE: January 27, 2003 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC} Consider "Alternate Plat Approval" for a Revision of Plat for Tracts 13A 13B 14A & 14B of the YO Ranchlands. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON} NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E./Lee Voelkel. ESTIMATED LENGTH OF PRESENTATION: 10 minutes iF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter SSI and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. ice Use Only K APPENDIX I ~ } ` Date Received by R&B ROUTING SLIP ~ ~.~^~~~ ~ ~~ ~• ~, d Kerr County Application for Finer Plat o a u i islon Name of Subdivision: ~~L`~(f]Y} ~~ ~~~'_~t~ tlr'~ Location of Subdivision: ~~'. Owner/Developer: '^ ~'' ` Surveyor: ~ ~ / Precinct # ~ ~~ ~` ~l ~r~t~1~ ~ Phone ~~} ~~~•~~~'=~ a` Phone ~ ~~r~•~- '~~ I rrJ Is this part of an existing subd'vision? Yes ~1f No ( ) If yes, Name: ~~ ~ ~ /' ~ '' Volume ~ Page~~ AGENDA DATE REQUESTED: J'~ t~R.~3Jlh-' 17_ ~~~ Person(s) appearing before Commissioners Court: ~ Y~ ~~ 2. Copy of Final Plat to County Clerk and arrange for payment of fee r Kerr County Subdivision Rules & Regutations. ~~ HHe ~{ ,~ ~-~ p r Amount Paid $ -~.-- Fee Amount Paid $ ~ ,~ Signature: l- - 3-a ~ (UG Office) Date • [ ]Not required Signature: (Kea County Engineer) Date Submit one (I) copy of Final Plat of Headwaters Groundwater Conservation District F Amount Paid $ Signature: (HGCD Office) Date [ 1 Not required ~ Signature: (Kerr County Engineer} Date ~* You must then COMPLETE this form and return it to the County Engineer Fifteen (14) days before Commissioner's Court Agenda Date. Kea County Subdivision Rules & Regulations -June 10, 2002, Revision Court Order q 27547 Appendix -Page l6 1. Final Plats are to be submitted to the Kerr County Engineer, for Review Twenty-one (21} days prior to next Commissioner's Court Date.** 3. Upper Guadalupe River Authority [ ] Septic Permit ossss Yo~.1 i 3 3Pa~E 0 5 4'7 DC178/a:4150.1/HRJ/kjjl/b/94 Y O RANCHLANDS SUPPLEMENTAL DECLARATION OF COVENANTS CONDIT~NS AND RESTRICTIONS This SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made by DAVID M. CUNNINGS, JR. ("Cummings"), and Y O LAND & CATTLE CO., INC., a Texas corporation (herein "YOLC" or "Declarant"), to-wit: WITNESSETH: A. Cummings, as of August 12, 1486, was the owner of all that certain tract or parcel of land lying and being situated in the County of Rerr, State of Texas, comprising a total of 1054.84 acres of land, described as follows, to-wit: Tract Nos. 5A, 5B, 6A, and 6B, of Y O RANCHLANDS, a subdivision in Rerr County, Texas, according to the plat thereof recorded in Volume 5, Page 390, Plat Records of Rerr County, Texas; Tract Nos. 7, 15, 16, 17, 18 and 19, of Y O RANCHLANDS, a subdivision in Kerr County, Texas, according to the plat thereof recorded in Volume 5, Page 345, Plat Records of Rerr County, Texas; and Tract Nos. 12, 13A, 138, 14A, and 148 of Y O RANCHLANDS, a subdivision in Kerr County, Texas, according to the plat thereof recorded in Volume 5, Page 392, Plat Records, Kerr.COUnty,. Texas, and any and all replats of such tracts recorded in the Plat Records of Kerr County, Texas ("Added Property"), being the same and identical property conveyed to Cummings by Chas. Schreiner, III and described as 1054.84 acres by metes and bounds description in a deed dated August 12, 1486. B. On or about August 14, 1986, Y O LAND & CATTLE CO., INC. a Texas corporation d/b/a Y O Land and Cattle Company, as. Declarant, filed a document entitled Declaration of Covenants, Conditions and Restrictions for Y O Land And Cattle Company Ranchland, Kerr County, Texas ("Declaration") said Declaration of record in Volume 388, at Page 674 of the Real Property Records of Kerr County, Texas. C. Said Declaration contained a provision in Section 1 (c) (ii) thereof which read as follows: "If Declarant is the owner of any property which it desires to add to the concept of this declaration, it may do so by filing of record a Supplemental Declaration of Covenants, Conditions and Restrictions, which shall extend the concept of the covenants, conditions and restrictions of this declaration to such property; provided, however, that any additions made ~3- S-t 4 vo~.1133PA~E0548 DC178/a:4150.1JHRJ/kj/1/6/94 pursuant hereto, when made, shall automatically extend the jurisdiction, functions, duties and membership of the Association to the properties added." D. Pursuant to a certain Agreement For Y O Land Owners Association dated August 12, 1986 between YOLC and Cummings, Cummings and YOLC agreed that upon the formation of the Association of Land Owners in Y O Ranchlands, Cummings would extend the concept of the Declaration to all of the Added Property. E. Cummings has subsequently conveyed 10 tracts out of the Added Property to the following persons: Tract No. Name and Address 5A, 6A SIIZANNE P. GRIFFIN 5514 Palomar Dallas, TX 75229 (herein "Griffin"); 5g THE KEVIN AND DEJA McRINNEY FAMILY TRUST 3415 Cerritos Avenue Los Alamitos, CA 90720 (herein "McKinney"); 6B KENNETH J. WINNINGROFF 2315 Briar Branch Drive Houston, TX 77042 (herein "Winningkoff"); 7 FDIC One Spectrum Center 5080 Spectrum Center Dr. 1000E Dallas, TX 75248 (herein "FDIC"); and 12, 13A, 13B NELSON F. DOLFUSS, III D/B/A JATM LAND & CATTLE COMPANY 6104 Nashua Ct. Austin, TX 78746 2 Yot.1~33PaG~054g DC178/a:4150.1/HRJ/kj/1/6/94 MARTIN W. DOLFUSS D/B/A JATM LAND & CATTLE COMPANY 541 N. Glendale Ave. Glendale, CA 91206 (collectively herein "JATM"); 14A, 14B NELSON F. DOLFUSS, III TRUSTEE 6104 Nashua Ct. Austin, TX 78746 (herein "Dolfuss"). Griffin, McKinney, Winningkoff, FDIC, JATM and Dolfuss, being the current owners of the above referenced tracts, which tracts were conveyed to each of them subject to the Declaration, join in this Supplemental Declaration to evidence their respective consent to same. F. Cummings is still the owner of Tracts 15, 16, 17, 18 and 19 of the Added Property as above described. G. Declarant, Cummings, Griffin, McKinney, Winningkoff, FDIC, JATM and Dolfuss desire to subject the Added Property to the Declaration to extend the concept of the Declaration to the Added Property and to reaffirm the terms, covenants, conditions, provisions and restrictions of the Declaration, as supplemented. NOW THEREFORE, the Declarant, Cummings, Griffin, McKinney, Winningkoff, FDIC, JATM and Dolfuss (i) reaffirm the Declaration and the recitals and declarations contained in the Declaration, (ii) declare that the Added Property and any permanent improvements thereon is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens set forth in the Declaration, as reaffirmed in and as supplemented and added to by this Supplemental Declaration, (iii) supplement and add to the Declaration as herein provided, (iv) declare that the Added Property shall be included ae a part of the Properties, as defined and specified in the Declaration, and (v) declare that the jurisdiction, functions, duties and membership of Y O Land Owners Association, Inc, as provided in the Declaration shall automatically extend to the Added Property. In addition to the covenants, conditions, restrictions, easements, charges and liens contained in the Declaration, Declarant, Cummings, Griffin, McKinney, Winningkoff, FDIC, JATM and Dolfuss further declare that the Added Property is and shall be uo~.1133PasE0550 DC178/a:4150.1/HRJ/kj/1/6/94 held, transferred, sold, conveyed and occupied subject to the following additional covenants and restrictions, to-wit: 1. The Added Property may not be subdivided into parcels of land smaller than twenty-five (25) acres each, unless subdivision is to provide adequate access to an existing owner/member's property, in which event Declarant may grant a waiver or variance in writing for resubdivision of the Added Property into parcels smaller than twenty- five (25) acres but for no other reason. EXECUTED as of the date of each party's respective acknowledgment, but effective August 14, 1986. CUNNINGS: David M. Cummings, Jr. YOLC/DECLARANT: Y O LAND & CATTLE CO., INC. By: Name: Dav d M. C ngs, Jr. Title: President STATE OF TEXAS COUNTY OF FCERR This instrument was acknowledged before me on the ~ Lcr~~`day of ~ ~~c , 1994, by David M. Cumin ngs, Jr., d vl.dual and as President of Y O LAND & BATTLE CO., INC., a Texas corporation, on behalf of a' c/o~ora o l-`v ~ ~~c rG C No ry P c, State Texas ,~~'"'"'+~, My c mmi s on e~~re$ : '/D -~a 9~ WENDY LOTFtR1NQER ~ /~ r74 P2 • Notary Pubec. Stag of Turns l ~ e ,Gl ., ~y,t,n~h.oau.ti~ Notary's r nted n 4 ua~.1133Pas~4551 DC178/a: 4150.1/HRJ/kj/1/6/94 GRIFFIN: i SUZANNE P. GRIFFIN STATE OF TEXA/S~ COUNTY OF 1a~%~~~ * Thi instrument was acknowledged before me on the ~ day of , , by SUZANNE P. GRIFFIN. .Tcz`~% Nota Pub c, ate of Texas ~~~~~~.,,~~,,..,,. My commission e i s : /07 :30 -~ c~ KATHRYN 1. MILLER A~ V' /17i ~ .G E~ COMMISSION EXPIRES Notary ~ s rinted name DECEMBER 30. 2004 ': F1LED FOR RECORD ~u~ 13 2001 JANNETT PIEPER c C ~ ~ K~r Caungr, Texas ~Y Yoe. i~.33PaG~0552 DC178/a: 4150.1/HRJ/kj/1/6/94 HCKINNBY: THE KEVIN AND DEJA MCKINNEY FAMILY T UST ~ y~~ By: ' KEVIN D. McRINN Y, Tr s 8y. .3 ! . Z c N ~ , T ustee STATE OF CALIFORNI,,Arr'' ~~ COUNTY OF ~ n.~MY~ This inst ent was acknowledged before me on the /~~^ day of ~+O v ~~~ER 1Oo~ s,~, by KEVIN D. McRINNSY an DEO'A M. McRINNEY, TRUSTEES O' THE KEVIN AND D^EJA NNEY FAMIL TRUST Notary c, State of C fora a My commission expires: t ., ~ D ~'tA~K.~IE~{ ~c. ~t~(ZT'F'O~Ot, Notary's pr me name ' STANLEY R t{ARTFORD ooraA. s tzetWs rvrwnrnauc. owraw~ ocou+tr conr,~ . Nov. s soon 6 von. 11.33PaGE0553 DC178/a: 4150. 1/HR3/kj/1/6/94 WINNIPIG OFF: - ` EN ETH J. INNINGKOF STATE OF TEXAS COUNTY OF ~CGt~ i nstrument was acknowledged before me on the ~~P`~_day of ,~,~~ , ~,94~, by KENNETH J. WINNINGKOFF. oL~/~(/ l r1~ib f'~ Notary $ ic, State of Tea s ~commissic~n expires: - ~01~ ROTARY PUBl1C Nota ' s printed name STATE OF TEXAS %~i~~ My Comm Ex0• ~12•Z00+1 ~o~. ii33Pa~EU554 DC178/a:415U.1/HRJ/kj/i/6/94 FDIC: FEDERAL DEPOSIT IN~RANCE CORPORATION By: Name: Title: ~- STATE OF TE,X~A,~S~~ ~, COUNTY OFC~~ This. i strument was acknowledged before me o the ~ day of ~ ~ , 1994, by ?~t~-yt ~ a , of FEDERAL DEPOSIT INSURAN Ea CORPORATION, own 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 purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a ~e~- day of Q~/~~ 199. Notary Public, State of Texas MyFommission expire j~_ a/- ~j 7 K ~7LI _ ~!~e~rco.V Notary's pr nted name ~ KATHEEEli A. PAITERSON '' ~' ~' ~t hbGC s~ ~ Tau ~'~ ~,~,,^+ Mr Ca~u~latM ~ 1L31AT ~ot.1133PaoE0555 DOLFUSS: r L_ Martin W. Dotfuss STATE OF CALIFORNIA COUNTY OF ~.~,, c~e~ This instrument was acknowledged before me on the a~L~ day of ~, ~' by MARTRV W. DOLFiJSS. Notary Public, State of Calif rm ANN aUGHart My commission expires: ~~ p Gommtcdorti t~J99i! Notary's printed name-. Ann $t,tt~'1o L-k~ tiolaY Rye - C~omla loc 1lripala~ Gaa>N ~+grGomn.6~tes NOVA 7DDi "~ 6Cu.~~~-~~s : ~ O t~yav~cl~.la~LS ~t~ e-ue.~Q ~e~_la~~an oC Cove C'ey~~.~`axs GkM~. lZe~+Z~-4-iCMS R~co~~s t1c~: Ft~'~s IE~ ~-=- X30 3S~ ~~ a Yo~.1133PacE055~ DC178/a:4150.1/HRJ/kj/1/6/94 MORTGAGEE CERTIFICATE OF APPROVAL AND SUBORDINATION STATE OF TEXAS COUNTY OF KERB KNOW ALL MEN BY THESE PRESENTS: That FEDERAL DEPOSIT INSURANCE CORPORATION, ACTING IN ITS CORPORATE CAPACITY A5 LIQUIDATOR OF CHAS. SCHREINER BANK, KERRVILLE, TEXAS ("Mortgagee"), being the owner and holder of a first lien note secured by the Properties, does hereby, to the extent of its respective interest as mortgagee, join in and approve this Supplemental Declaration of Covenants, Conditions and Restrictions ("Supplemental Declaration~~) and the Declaration of record in Volume 388, Page 674 of the Real Property Records of Rerr County, Texas ("Declaration"} and hereby agrees that its respective interest in the Property shall be bound by the Supplemental Declaration and the Declaration. Mortgagee hereby ratifies and confirms the reservatign and grant of utility easements as indicated by reference in the Declaration for the purpose and consideration as herein expressed. Further, Mortgagee subordinates its respective lien or liens securing its note, including any renewal and/or extension of said note and the liens securing same on such portion of the Added Property encumbered by the utility easements to said utility easements created and reserved by the Declaration and the rights of Declarant, Y O Ranch Land Owners Association, Inc. and of public utilities to use said utility easements for the purposes as in this Supplemental Declaration provided by reference to and incorporation of the Declaration. Executed this ~^`'°/ day of `Tr)QJt,E~ , A.D. 1994. STATE OF TEXAS COUNTY OF p~Q~ FEDERAL DEPOSIT INSURANCE CORPORATION, ACTING IN ITS CORPORATE CAPACITY AS LIQUIDATOR OF CHAS. SCHREINER BANK, KE VILLE, TEXAS By: Name: Title: BEFORE ME, the undersigned authority in an for said County, State of Tex s, on s day personally appeared , / 9 9 ~ ~~~ ~ yk.~Of FEDERAL DEPOSIT INSURANC CORPORATION, ACTING IN ITS CORPO TE CAPACITY AS LIQUIDATOR OF CHAS. SCHREINER 12 uot.1i33PA~E055'7 DC178/a: 4150.1/HRJ/kj/1/6/94 BANK, KERRVILLE, TEXAS 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 purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a .~ day of Q~~ , 1994. //~~ ld. ~ ~ ~ /~-.~ Notary Public, State of Texas M,}'~ ommission a ire ~ Notary~s pr me name PREPARED IN THE OFFICE OF: H. RITMAN DONS Attorney-at-Law 829-8 Main Street Kerrville, Texas 78028 (512) 896-8383 t,.~ ~- Q.~.., -~ . ~~ . ~, Bag- lha~.. ~ ~ 7 ro}~ hw4lau Iwdn ~Nd~ ~a M NM. wdd r w d M Wad P~ niE ~ as r~ow~~ ~ n~a rya ~dao~w Ww wed u.~ i~°pFYt~d ~ N. YWxwr~c w FltEG w w w wd~ sq~o M M Qfdd NA~[~A~oo1Y d~pw M1opab Ya~r Cwyt Y~~C~ JUL 16 2001 ddb f'OUMY CLERK KERR CptSMfY, TEAS KATNLEEfi JL PATiEiiSQti xM~7 ~~e. ~ d Tiin~ W C~n.bsial Eipias u4t-!J RECORU~s HoTE ATTwEOFRECaN wsrRurta~TPOUN~ To eer~A~ur-TeFOR eesrPlaTr,c~aAP~,c REPFgDUCT10N OUETO THE DEP'iH ~ DARIWESS OF PR~JT, DOLOR OF PRWTOR IMC BACKGIROUND OF PAPER ILL6G8RJ1'Y, CAR9ON OR PHOTb COPY. ETC. RECORD VOf„ PG RECORDING DJ1TE JUL 1 s 2oa1 a~~ 13 ~~ ~~~ C L~y~ COUNiY CLERIC KFRR COtIK1Y, TEXAS ~~ v~ ~ ~} 388 ..; ~? 674 DECLARATION DF COYENA.~iTS, CONDITIONS AND RESTRICTIONS FOR Y O LAND AND CATTLE COMPANY RANCKLAND KERR COUNTY, TERAS THIS DECLARATION, made this l yid day of /fuCt~ST , 1986, by Y O Land ~ Cattle Co., Inc. d/b/a Y O Land and Cattle Company, a Texas corporation ("Declarant"); W Z T N E S S E T H: A. Declarant is the owner of the real property described in Exhibit "A", attached hereto and referred to fn Section 1 of this Declaration, and desires to create theia.n a ranch development for agricultural purposes. B. Declarant further desires to provide for the preservation of the values and amenities of said ranch and property and for the maintenance thereofs and, for such purposes, Declarant desires to subject the real property described in Exhibit "A", attached hereto, and referred to in Section 1, together with such additions as may hereafter be made thereto (as provided in Section i1, to the cove- nants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the said property and each owner thereof. C. Declarant will cause the Y O Land Owners Association to be incorporated as a non-profit corporation under the laws of the State of Texas, to which corporation will be delegated and assigned the powers of maintaining and administering the properties and facilities, administering and enforcing the covenants, conditions and restrictions, and collection and disbursing the assessments and charges as hereinafter provided. Now, THEREFORE, Declarant declares that the real property referred to in Section 2, and such additions thereto as may hereafter be made pursuant to Section i hereof, ~-re and ahali be held, trans- ferred, sold, conveyed and occupied subject to the covenants. conditions, restrictions, easements, charges and liens (sometimes referred to as "covenants, conditions and restrictions") hereinafter set forth; 1. Definitions. The following words when used in this Declaration or any Supplemental Declaration (unless the ccntext shall prohibit) shall have the following ~aeanings: (a) "Association" shall mean and refer to the Y O Land Owners Association. The principal office of the Association shall be Y O Ranch, Mountain Home, Texas 78058. The Association shalt be fcrmed for the purpose of presezvinq and maintaining the uniform standards and quality of land and wildlife as well as the natural beauty and aesthetic value of the property described herein which shall hereafter be designated by Declarant. tb) "Board" shall mean and refer to the Board of Directors of the Association. (c) "Properties" shall Wean and refer to the YO Ranchlands, including without limitation the Bundy, 70:, Trap, North Milt Trap, New Welt, west North Home, East North Home and Hyatt pastures and any other property which shalt have been designated by the Declarant as a part of the Properties as herein provide3 a~~d a21 sur_h existing properties, and • 388 675 additions thereto, as are subject to this Declaration or any Supplemental Declaration prepared and filed of record pursuant to the following provisions: (i) The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration (hereinabove defined as the "Existing Property") is located in Kerr County, State of Texas, is described in Exhibit "A", attached hereto; (ii) If Declarant is the owner of any property which it desires to add to the concept of this Declaration, it may do so by filing of record a Supplemental Declaration of Covenants, Conditions and Restrictions, which shall extend the concept of the covenants, conditions and restrictions of this Declaration to such groperty; PROVIDED, HOWEVER, that any additions made pursuant hereto, when made, shall automatically extend the jurisdiction, functions, duties and membership of the Association to the properties added. (d) "Member" shall mean and refer to Declarant and each owner of a fee simple interest ("owner") in any property within the Properties. Each member shall be entitled to one vote for each acre owned. ~ (e) "owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any property within the Properties. The foregoing does not include any persons or entities who bald an interest in any property within the Properties merely as security for the performance of an obligation. tf) "Architectural Control Committee" shall a-ean and refer to that Committee as defined in Section 8 hereof. (g) "wildlife Committee" shall mean and refer to a statding Committee of the Association as defined in Sectica 9 hereof. 2. Affirmative and Protective Covenants. The Properties shall be used and occupied sub ect to the following restrictions: (a) Each portion of the Propezties shall be used for residen- tial, recr~atfonal, ranching and agricultural purposes only, and shall not be used' for any other metcantile or commercial purpose. Agricultural purposes for the purpose of this instrument shall u-ean and include runaing livestock or exotic animals, hunting, trapping and taking of all wild animals and wild birds. (b) No mobile home or other type of portable structure shall be used on anf portion of the Pcoperti~ns as a residence. Hobile homes, motor homes, camping trailers anA campers may be used on the Properties during the regular deer and turkey hunting seasons in each fear as a temporary hunting lodge or camp and during the times of recreation and vacation as lodging, but the same must be removed from the Properties when not in use for the foregoing purposes. Additionally, any temporary mobile home, motor home, trailer or camper shall be placed on the Properties a distance greater than 500 feet from the main roadway easement or within 300 feet from any Property line and mus= be well screened behind hills or trees to substantially eliminate visibility from the main roadway. (c) No permanent structure (Home, barn, etc.) other than fencing, shall be placed on the Properties less than 500 feet from the main roadway easement or 300 feet fro.~a any Property line and must be well screened behind hills or trees to substantially eliminate visibility from the mtain ~`~L sea PAGE 676 roadway. (d} No abandoned automobiles or ocher abandoned vehicles shall be Left on the Properties, nor shall any portion of the Properties be maintained as a dumping ground for rubbish, trash, garbage or other waste. All trash and waste must be hauled off, or buried out of view of the main roadway. (e! No open fires shall be pezmitted on the Property unless approval is obtained in advance from the Architectural Control Committee. (f) No offensive, noxious, profane or unlawful use shall be made of the Properties. In this regard, the Association may from time to time adopt rules concerning same and it shall be entitled to enforce such rules for the benefit of the quality of Life for all Owners. (g) No sign or signs of any kind shall be displayed on the ~.. Properties to the public view, except ona sign of not more than ten (10} square feet for ranch identification. A sign indicating direction and ownership of the Properties or portion thereof may be installed near the main entrance of an individual Owner's Property, provided such sign shall be neat in appearance and not to exceed five (S) feet in Length and two (2! feet in height and shall be approved by the Architectural Control Committee. (h} The Properties may not be divided into smaller parcels than 25 acres. (i} The Properties shall not be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers which are not visible from any road. All equipment for the storage and disposal of such material shall be kept in a clean and sanitary condition. (f} All residences and other structures constructed or erected shall be of new construction, and in no event shall any prefabricated or existing residences or garages be moved on to any of the Properties. do residence or other structure shall be constructed on any of the Properties without first submitting the plans, drawings and specifications there- fore, to the Property Owners Architectural Control Committee for approval which approval the Architectural Control Committee shall indicate by signing and dating the specified plans and keeping a copy of same in the records of the Association. Additionally, no bright colored or shiny roofs are permitted on any residence or other structure situated on any of the Properties. Lion may any zesidences or other structures be constructed on top of any h111 situated on any of the Properties unless such residence or other structure is well screened behind other hills or trees to substantially eliminate visibility from the main roadway. (k} No elevated hunting blinds shall be constructed, placed or situated on any of the Properties unless said hunting blinds are well screened behind hills or trees to substan- tially eliminate visibility. Hlinds andfor feeders shall not be constructed, situated or located on any of the Properties within SQO feet of a property line or main road. (1) Any construction commenced on any of the Properties must be completed within one (1} year of the time construction is initiated. '_ (m) lndividual water systems and sewage disposal systems shall be located, constructed and equipped in compliance with E ~~~ 3as PAGE bn Texas State Health Department requirements, rules and regulations of the Upper Guadalupe River Authority and Kerr County Subdivision regulations, and any other applicable governmental laws, rules or regulations. (n) No fence shall be constructed, situated or located a distance less than 90 feet from the centerline of any main road (Camino Real), or less than 60 feet from the centerline of a secondary road. A21 fences placed or constructed on any of the Properties shall be of similar design and equal quality to the existing Y o Ranch fences sad shall be approved by the Architectural Control Committee. (o) 6untinq shall be permitted on Owner's individual properties only. However, ao huntittq is allowed along say main road. Each Owner of any of the Properties shall be entitled to harvest annually the quota of bucks and doss, whether native or exotic, on such Owner's Property as the Wildlife Committee determines as provided in Section 9 hereof. No Owner may harvest more than the aforementioned quota of aaimalsf however, if an Owner desires to harvest more than his quota of animals, he s~ust secure the approval of the Association for same and pay to~the Association in cash that amount which is necessary to purchase similar replace- went animals. All disputes concerning i0peaifio owner quotas on any of the 8roperties and any other wildlife disputes shall be handled by the Wildlife Cossaittee. No Owner shall do say aet•that is designed to be harmful or injurious to the Owner's property adjacent to shah Owner's Property. Included within the meaning of this covenant, shall be a prohibition against feeding alone to a property line for the specific intent of attracting the neighboring owner's wildlife. The Association stall be empowered to cause the violating Owner to cease'such ants by filing in a court of competent jurisdiction as action in equity or at law. No owner may release live wild animals on any of the Properties without first securing the consent of the Wildlife Committee. Any Owner who causes his Property to be completely high fenced shall be exempted from the provisions of this paragraph o, Section 2. (p) No oil well, drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be conducted and/or located less than S00 feat Eras any residence or permanent structure situated ott any of the Properties. All open pits and excavations shall be restored to the condition of the land prior to such excavation. No derrick or other atructure.designed for use in boring for oil, natural gas or other minerals or pump stations, tanks or other equipment used for the recovery of oil, gas or other sinerals shall be located on top of any hill on any of the Properties and any such structure must be well screened behind hills or trees to substantially eliminate visibility from the main road or any residence situated on any of the Properties. 3. Easements Reserved by Declarant. Easements for the installation, maintenance, repair and removal of public and/or quasi-public utilities and sewer and drainage facilities, and floodway easements, are reserved by Declarant over, under and across the Properties on the property boundary line where possible. Fu12 ingress and egress shall be had by Declarant at all times over the Properties for the installation, operation, maintenance, repair or removal of any utility, together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, mainten- ance, operation or installation of such utility. Declarant shall have the right to assign and transfer the easements and rights herein reserved to or for the benefit of any public or quasi-public utility. VUt.3es PAGE 6~s 4_ Creation of Lien and personal Obligations for Assessments. Each owner (by acceptance of a deed for any portion of the Properties whether or not it shall be so expressed in any such deed or other conveyance), hereby covenants and agrees and shall De deemed to covenant and agree to pay to the Association assessments or charges. The annual assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Land. and shall be a continuing lien upon each portion of the Properties against which each such assossrGent is made. Bach such assessment, together with such interest thereon and costs of collec- tion thereof as hereinafter provided, shall also be the continuing personal obligation of the person who was the Owner of such property at the time when the assessment becomes due. 5. Maintenance Charge. The amount of an annual maintenance fund charge shall be an amount fixed by the Association, ft being intended that the Association will for each year fix the annual maintenance fund charge at an amount estimated in good faith by the Association to be required in order that the funds produced thereby will approximate the costs and expenditures of such funds for the purposes hereinafter specified. However, until January 1, 1987, such annual maintenance fund charge shall not exceed 12.50 per acre of land owned in the Properties. The annual maintenance fund charge, as set forth is the preceding sentence, sha12 be adjusted as necessary at the end of calendar year 1986 and at the end of each calendar year thereafter, which adjustment shall apply to the succeeding calendar year period. The annual maintenance fund charge shall be paid by the respec- tive owners annually on January 1, in advance. If land in the Properties becomes subject to the annual maintenance fund charge on a date other than January the Owner of such land shall pay that prorata part of the annual maintenance fund charge in advance. All past due maintenance fund charges shall be a debt of the Owner of the property subject to such charges and shall bear interest from their due date until paid at the highest Iega1 interest rate per annum allowed in *~e State of Texas at that time. Such charges shall be a covenant ranging with the land and to secure the payment thereof a lien is hereby retained upon the property subject to such charge. Such charge and lien are hereby assigned by the Declarant to the Association (without recourse on the Declarant in any manner for payment of such charge), which will collect all such annual mainten- ance fund charges and will administer the fund created thereby in order that uniformity and continuity will be maintained and preserved. Such lien shall be subordinate and inferior to all liens securing amounts due or to become due under any mortgage, vendor's lien or deed of trust affecting the property subject to any such charge which has been filed for record in Kerr County, Texas, prior to the date payment of such charges become due and payable, and any foreclosure of any such prior or superior lieq under the power of sale of any mortgage, deed of trust or other security instrument, or through court proceedings, shall cut off and extinguish the liens securing charges whicT. become due and payable prior to such fore- closure date, but no such foreclosure shall free any property from the lien securing charges thereafter becoming due and payable under this section, nor shall the personal obligation of any property owner foreclosed be extinguished by any foreclosure. 6. Purpose of the Maintenance Fund. The maintenance fund charge shall be uniformly imposed upon all lands in the project, and such maintenance fund shall be used exclusively for the following in connection with areas within the Project in respect of which the charge is made: 4 (a) Accounting, office expense which includes all of the Association accounting, communication expense, office supplies, etc.; 5 t, ;;~ s ._..__ .._..._.. -- - _ - - . ,. ... ._._.Q. (b) Common area main road maintenance which includes only regrading and working the main road as needed for normal access; (c) Outside high fence maintenance which includes repair and maintenance of outside high fence; (d) Legal which includes any legal fees as may be required by the Association; (e) The Association income tax preparation which includes cost of annual corporate Federal income tax returns (f) The Association expense for Securftyt (g) The Association expense for wildlife surveys and cons~lta- tions; th) The Association expense for Ynsurance; ti) Miscellaneous which includes costs expended, but not already mentioned. In the event that the Association shall expend monies for any of the foregoing purposes in amounts exceeding the amount then in the maintenance fund, the Association shall be entiTtiled to receive reimbursement from amounts thereafter paid into the eaaintenanee fund by owners of the Propertiest provided, however, that the Association will not without the approval of the Members, evidenced by the favorable vote of a maiority of the votes entitled to be cast by the members, expend more than two dollara per acre in excess of the monies then on hand. 7. Bffect of Non-Pa nt of Assessment The Personal Obli a- tion of the Owner The Lien Remed cs o t e Assoc at on. (a, If any assessment or any part thereof s not pa on t e date(s) when due (being the dates specified in Section 7 of this Article), then the unpaid amount of -such assessment shall become delinquent and shall, together with such interest therein and cost of collection thereof as hereinafter provided, thereupon become a oontinuinq lien on the property of the non-paying Owner and shall be unaffected by any sale or assignment of the property and shall continue in full force and effect. The personal obligation of the then Owner to pay such assessa~eat, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. No Owner may waive or otherwise escape liability for the assesswents provided herein by non-use of the Common Areas or abandowoent of his property. (b) If any assessment or part thereof is not paid within thirty (3Q) days after the delinquency date, the unpaid amount of such assessment shall bear interest from the date of delinquency at the maximum legal rate of interest, and the Association may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce paYiaent and/or to foreclose the lien agains-_ the property subject thereto, and there shall be added to the amount of such assessment the costs of preparing filing the complaint (including reasonable attorneys' fees) in such action and, in the event a judgment is obtained, such judgment shall ipclude interest on the assessment as above provided and a reasonable attorneys' fee to be fixed by the court, together with the costs of the action. 8. Archltectural Control Cammittee. No building or other improvements shall be erected, placed or altered on the Property until the Owner or builder has made application to the Architectural Control Committee for approval and has submitted construction plans and specifications and a site plan showing the location of the structure of improvements, and such plans have been approved by the said Committee as to use, quality of workmanship and materials, i YUL 388 Ph;;` 580 harmony of external design with existing structures, and as to =ovation with respect to topography and final grade elevation. The Architectural Control Committee is composed of three (3) members whose names are David M. Cummings, or his designee, Chas. Schreiner, Iv or his designee and one other member of the Association as elected by majority vote of the owners. Two out of three votes shall prevail on any issue or subject req-.Tiring a decision of the Committee. The Committee may designate a representative to act for it. Ir. the event of death or resignation c` any iaember of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor its representatives shall be entitled to way compensation for services performed pursuant to this covenant. The herein granted powers and duties of the J-rchitectural Control Committee shall cease and terminate twenty (20) years after the date of this instrument, and the approval required by this paragraph shall not be required unless prior to said date and effective thereto, the Association shall execute and file for record an instrument appointing a representative or representatives, who shall thereafter exercise the same powers and duties granted herein `_o the Jlrchitectural Control Committee. The Committee's approval or ,aisapproval as required herein, shall be in writing. If the Caoaittee, or its designated representatives, fails to give written approval or disapproval within fourteen (lt) days after plans and specifications have been submitted to it, or in any event, if no suit f ethnjeoin the construction has been caomenced prior to the completion improvements, the proposed plans shall be considered approved wad the related covenants shall be deemed to have been fully satisfied. The 7-rchitectural Control Committee, at its sole discre- tion, is hereby permitted to approve deviations in building area, construction, and location in instances where, is its judgment, such d4viation will result in a more commonly beneficial use. Such approval must be grante3 in writing and when given wi21 becomo a part of thaw raaorictioac. 9. Wildlife Committed. The Wildlife Committee shall be composed of three members whose names are Chas. Schreiner, IY or his designee, David K. Cumcaings or his designee, and one other member of the 1ssociation as elected by majority vote of the Owners. Two out of three votes shall prevail on any issue or subject requiring a decision of the Committee. The Committee may designate a representa- tive to act for ft. In the event of the death or resignation of any member of the Committee, the remaining members shall Nava the authority to designate a successor. No caapensatioa shall be due or p21d to either the members of the Committee or its representati•~es for servlees performed pursuant to this covenant. The herein granted powers and duties of the Wildlife Committee shall cease and terminate twenty (20) years after the date of this instrument, and the approval required by this paragraph shall not be required unless prior to said date and effective thereto, the Association shall execute and file for record an instrument appointing a representative or representa- tives who shall thereafter exercise the same powers and duties 3ranted herein to the Wildlife Coaxaittee. The Wildlife Cocanittee shall be re:ponsible for overseeing the management of the free roaming wildlife within the Properties. in this regard, the Wildlife Coanittee shall have an annual wildlife survey ("SURVEY") performed on the Properties by a competent wildlife biologist f"BIOLOGIST") of the Committee's selection. The SURVEY shall project the total numbers by sex of each species of wildlife on the Properties and shall contain the BIOLOGIST'S recommendation as to harvest numbers by sex for each species. The Wildlife Committee shall use the SURVEY and the BIOLOGIST'S harvest recomanendations to determine each Owners harvest quotas by sex for each species on such individual Owner's property. In determining such quotas the Wildlife Committee shall base such quotas on what each Owner's property will produce and such other criteria that the wildlife Committee deems to be in the best interests of sound management of the wildlife herd on the Properties. The Wildlife Committee shall be responsible for enforcing the provisions of Section 2 (o) of this Declaration on behalf of the Association and shall sit as a Board of Arbitration ~-~11 sae P::.:~ 6a1 wish respect to all disputes concerning wildlife between Owners. The Comm~.ttee•s decision regarding a dispute bet'aeen Owners concerning wildlife shall be final and shall be binding on all parties thereto. 20. Subordination of the Lien to Mortvaaes. The Iien of the assessments provided for herein shall be subordinate and inferior to the Iien of any mortgage or deed of trust pow or hereafter placed upon the property subject to assessment; provided, however, that such subordination shall aFply only to the assessments which have become due and payable prior to the sale, whether public or private, of such property pursuant to the terms and conditions of any such deed of trust. Such sale snail not relieve suc* properties from liability for the amount of any assessments thereafter becoming due nor from the lien of any such subsequent assessment. 11. Voting Rights fn the Association. (a) Quorum and Notice Requirements. (il Any action by the Members shall require the assent of the Members entitled to cast a majority of the votes of the liembers of the Assoeiatl.on who are voting fn person or by proxy at a meeting Duly called for that purpose, written notice of which shall be given to all !!embers at least ten (10) days in advance and sbail set forth the purpose of such meeting. ,~ (ii) The quorum required for nay action shall be the :;~;~% presence at the meeting of !!embers, or of proxies, entitled to fifty percent (5011 of all of the votes of all Mesabers. " Zf the required quorum is not present at the meeting, an additional meeting may be called, subject to the notices . requirement hereinafter set forth, and tha required quorum at auch second meeting shall be one-half (1/2) of the required quoru.~ at the grecedinq meeting. (fill Any provision of this Declaration to the contrary aotwithstaading, nay action may be taken with the assent given in writing and signed by the Members entitled to cast a majority of the votes of the Association. (iv) The voting rights of any !!ember shall be suspended for nay period during which any assessment to be paid by such tSember remains unpaid. 12. Powers and Duties. The Hoard, for the benefit cf the Properties gad t e owner;, shall delegate to, gad Declarant shall have, the sole responsibility and authority to manage the business and affairs of the Association on a year to year basis or until Declarant tetmigstes the same and if requested by either party such management aqteemeat shall be :et forth in a separate agreement. ~-ithout liiaitinq the foregoing Declarant shall have the following powers until Declarant gives written notice to the Board, whereupon the Hoard atoll have such powers: (il 1b pay from the curds of the Association all legal and accounting services, policies of insurance insuring the Association against any liability to the public or the ows-ers (and; or invitees or tenants!, incident to the operation of the Association, fn an amount not less than 1100,000.00 to indemnify against the claim of one person, (300,000.00 against the claims of two or more persons in any one occurrence, and property damage insurance in an amount not less than 5100,000.00 per occurrence; which policy or policies shall contain an endorsement providing that the rights of the named insureds shall not be prejudiced with respect to actions against other named insured, fidelity bonds, and any other material, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes or assessments ~v~. 388 ~~•-- 682 required to be obtained or paid for pursuant to the terms of this Declaration or by :aw or which shall be necessary or proper for the operation or protection of the Association or for the enforcement of this Declaration. (ii) To executes all declarations of ownership and other docu- ments for tax assessment purposes with regard to Che Properties on behalf of all Owners.. (iii) To enter into contracts, maintain one or more bank accounts and, generally, to have all the powers necessary or incidental to the operation and management of the Association. (iv) To protect or defend the Properties from Ions or .iamage by suit or otherwise, and to provide adequate reserves for replacements. (v) To enforce the provisions of this Declaratio: and any rules made hereunder and to enjoin and seek damages from any owner for violation of such provisions or rules. (vi1 To ccntract for all goods, services, and insurance, payment for which is to be made by the Association, and to perform the functions of the Association. 13. Owner's oblf ations to Re air. Each Owner shall, at his sole cost and expense, toes main and repair his property and the improvements situated thereon, keeping the same in good condition and repair. In the event that any Owner sha21 fail to maintain an3 repair his property and the improvements thereon as required here- under, the Association, in addition to all other remedies available to it hereunder or by law, and without waiving any of said alterna- tive remedies, shall have the right, through its agents and employees, to enCar upon said property and to repair, maintain and restore. the property and the exterior of the buildings and any other improvements erected thereont and each Owner (by acceptance of a deed for his property) hereby covenants and agrees to repay to the .Association the cost thereon immediately upon dema_~d, the failure of aAy such Owner to pay the same shall carry with it the same conse- quences as the failure to pay any assessment hereunder when due. 14.. Duration. The Covenants, Conditions and Restrictions of this Dealarat~ion shall run with and bind the land subject to this Decl3Yatiar., and shall inure to the benefit o~ and be enforceable by the Assoc:.tion and/or the owners of any land subject to this Declaration, their respective legal representatives, heirs, succes.;ors, and assigns for the term of twenty (20) years from the date that this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten !IO) years unless an instrument signed by the Members entitled to cast fifty-one percent (51~) of the votes of the Association has been recorded, agreeing to abolish said Covenants, Conditions and Restrictions or to change said Covenants, Conditions and Restrictions ` ~ ..Tole or in part. 15. Consent of Hembers. The Covenants, Conditions and Restrictions of this Declaration may be abolished, amended and/or changer in whole cr in part, or variances granted with respect thereto, only ~-rith the consent of the t4embe.s ent~tleZ co cast a majority of the votes ~f the Association, evidenced by a document `n writing bearing each of their signatures. 15. Annual Financial Statements: BOOiC3 and Qecocds. The Asscciaticl shall, not later than i~0 days after the end of each fiscal fear of the Association, f~rr.:s~ co each (:ember financial staterrer.:s which shall incl~:de z ~alancc sheet as to :he end of such year and a sta=ement of agera_:c-s '. or the jean t~.e~ ez~ed. Such financial stateme cs may, b::. ,ra_: act be required cc re audired. All Mere' ers shale have the r_ ~r.c , __ iag rcaular business ^..::.-s and at ~'~%, 388 G83 the office of the Association to inspect the books and records of the Association. 17. Finality of Determination by Association. If is understood that the judgment of ~,•?l~, ~~ ~ ~''t' :-c~~_ -T- f (N,ame) Date (Name} Date THE STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared and . known to me to be the .persons w ose names are subscribe to the foregoing instrument,"and acknowledged to me that they executed the same for the purposes and consideration therein expressed, GIVEN. UNDER MY HAND AND SEAL O^ O FIC£ on this the day of A.D, 199 ^, ~,,~~pµUU~ ~,~ ~~~ P~ ~`:. My Commission Expires: tart' Publi , State of ~4+~ ~c~ . • • • ~:..., ~.~ _ THE STATE OF § • ~ pf '~'` COUNTY OF : ' y 1 •q6 '~`~; _-` BEFORE.-ME, the undersigned authority, on this day personally ;.~-: appeared "•-.''~"' known to me to be the person whose -. jw;" name is subscribed to the foregoing instrument, and acknowledged " :' to me that he/she executed the same for the purposes and consic'eration~ therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of A.D. X99 ~ ,``~~~`;`~J~N,,~~ My Commission Expires: Notary Pu ,c, State of ~ t /i- _ . • The undersiyned Owner(s) hereby adopt(s) and aoprove(s} Amendment numbers one (1) through fourteen (]4) in the. foregoing FIRST AMENDMEN'P TO DECLARATION OF COVENANTS, CONDITIVNS P.ND _ RESTRICTIONS E'Oft Y O LAND AND CATTLE COMPANY RANCHLAND. Tract (s) y 7 `~ ~`~ is-- ~-~ L~ ~---- ~~ ~i~ > S _ (Name) Date ~,€-~~ Total Acreage Owned: ~1 ~~~^•~ra~~.- ~•~+y'~+--~~ '~ 3~ S TName) Date _ (Name} Date ~- THE STATE OF /'fi )C--+~ § ~~, ~_' ? COUNTY OF ~ ^ ` /_S § BEFO ME, the_ undo signed au~ ority,--Qn this day personally. ~_; appea;ed~~/G~ /i (= ~dC f /.7/'i ~_known to me. .~' to be. the pe ons w ose mes are subscribe to the foregoing r' instrument, and acknowledged to me that they executed the same` for the purposes and consideration therein expressedi. ? GIV UNDER lyY EiAND AND SEAL OE OFFIC on this the J day of -l c-c / , A.D. 199.5 ~J L ~' `71 My Commission Expires: Notary Public, State of r; ~ _ 1 ~ DONNA L. V+A,GHT THE STATE OF t'~ I.ot,ur-wue.s*w*eos:Eais ~' § 11~ ~~ f YY COYYi59GV E~~lfi ;K :i ~YYYC'YYY`. OCT. 2u, 199v [:c1nEETY OF § E {' ~'.xcctixr.•v..ueo.-.iecCir•~fr-'=<-'.' s. BEFORE ME, the undersigned authority, on this day personally"•! appeared , known to me to be the person whose ,~s.; name is subscribed to the foregoing instrument, and acknowledced ~';;- to me that he/she executr'.d the same for the purposes and consideratil therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICF, on this the day of A.D. 199 . My Commission Expires: Notary ['ublic, State of ,. ~• .,, p~02 ~~,E S`36 The undersigned Owner(s) hezeby adopt(s) and approve(s) Amendment numbers one (1) through fourteen (14) in the foregoin FIRST AMENDNiENT TO DECLARATION OF COVE`AtvTS, CONDITiO.~S AirD RESTRICTIONS FCA. Y O LAND ANG CAT {I;~E CO~E'A RANEHLAND _ I / Tract (s) `, -~ - (Na e) Date Total Acreage Owned: Ct "~ (`:a.:~cJ Date (Name) Date THE STATE OF /".(c`IC'; /r ~/c ~ (/ ' ~.ame) a e _ !i' Total Acreage Owned: =, i ~. S ` ~~,•./i/~~ .C~-~/{-rl.~_ (!Jart:e) hate Name) Date THE STATE OF ~~w) § COUNTY OF ~ S BEFORE ME, the undersigned autho ity, on his day personally appeared ~ ~.~~`~1 •~~ _ and ` `s~+.' known to me to .be the rsons w ore names are su scri a to the foregoing instrument, and ,acknowledged to me 'that they executed the same for thc~ purposes and consideration therein expressed. GIVEN lIt1DER MY HAND AND SEAL OF OFFICE on this the ~_ day of ~~\~, A.D. 199eS. ~ ~~ c, ~ ~ •c, My Commission Expires: Notar ~ ~ + -tr Www~i~Oi:OnY~ES .. - ; ,1t/y 22.1996 THE STATE OF 5 CO(1NTY OF BEFORE ME,,the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of _ A.D. 199_. My Commission Expires: Notary Pu ic, State o .. .' ~ ~ The undersigned Owner(s) hereby adopt(s) and approve(s) Amendment numbers one (1) through fourteen (I4; in the foregoing FIRST 11h1ENDMEN'P TO DF.CLARA'IION OF COVENA[~TS, CONDI'fSONS AND RF.STkICTIONS P'OR Y O LAND AND CATTLE COMPANY RANCHLAND. Tract (s) ~ ' //1~ <~ /~ , ... ~.c ~% ~ r jj -+- . i (Dame) Date Total Acreage Owned: ~,• ' ' (Name) Date (Name) Date THE STATE OF ` ~? ,~ c. ~ § COUNTY OF <<% u ~ ~''~>'~=•'i S BEFORE ME, the undersigned authority, on this day personally appeared .. M- ~ 2ug~' J~_ and known to me to be the person w ose names are su scribe to the foregoing instrument, and acknowledged to me, that th~~ executed the same for the purposes and consideration therein expressed. GIVEN .UNDER MY F(AND AND SEAL OF OFFICE on this the 31.f day of iQnri 1 , A:D, 1995 (/ "~ .'~ w~r. K.'ir.~..t. My Commission Expires: ~,E .~.~~~Notary Public, State of TE..: „ ~~~ a _`~ IIVpA GOETZ THE STATE OF $ ;' = ~TrP.dc5lrraTras COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideratior therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of _, R.D. I99_. My Cemmission Expires: Notary Public, State ~f The undersigned Owner(s) hereby adopt(sl and approve(s) Amendment numbers one (1) through fourteen (143 in the foregoing FIRST AMENDMENT TO DECLARATION OF COVEtiANTS, COKDITIO:dS AND RESTRICTIONS FOR Y O LAND AND CATTLE COMPANY RANCHLAND. Tract(s) _/OU Q~~ ~ z ~jS 'OoNA~~ P. ReE~L~s,(,Name) a e Total Acreage Owned: (a 0•Q !~.u~ ~~ .~~~,,.,r~ -• -tj~ I.o RF7rp M. geee a-rsau(Name} Date (Namel Date - ?~:. THE STATE OF ~yuS § COUNTY . OF ~L_ § BEFORE ME, the undezsigned authority, on this day personally appeared ~„o I. J P I~cbrrrs.,~ and -~_ „_, ~~, ,~ ~~.~~,y known to me " to be the persons w ose names are subscribes to the foregoing '__ instrument, and acknowledged to me that they executed the same r; for the purposes and consideration therein expressed. r GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ~; , ~ A.D, i $. ~~ x ~.~. My Commission Expires:3/~~c~C') ar Public, State of~'Z-~CgS ~r.~ DEBBIE H, FISHER o; ~ = Nao,r oub~e. lfN~ at Tangy THE STATE OF § ~~~: Mr~mr..w~Eyyt.. •.~~~ MARCH 12, 1499 COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideratior. therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of A,D. 199 . My Commission Expires: Notary Pu ic, State o ~, , e The undersigned Owner(s) hereby adopt(s) and approve (s} Amendment numbers one (11 through fourteen (14) in the foregoing FIRST AMENDMENT TO DECLARATION OF COVEt3ANTS, CONDLTIONS AND i_ _~_ . ~ ! Tract (s) ~ ^ ~ ~' lMamel ~~ ~~ , Total Acreage Owned: ~' ~~ (Name) (Name) Date Date Date "~;~` .: THE STATE OF _` ~_ § COUNTY OF ~, $ SEFORE~NIE, the unc'.ersigned thorit , o_p,_this day personally appeared )). and ~ ,_ ~,L ~ known to me' to be the ersons w ose names a ~ su scribe to tie foregoing instrument, and acknowledged to m that they e:t uted the same for the purposes and consideration therein expressed. GIVEN_ UND ~ MY HAND AND SEAL OF OFFIC on this the ~, day of _`,~ !, A. D. 199-1 ~~ ~ i My Commission Expires: N'"tart' P ~122~• 5 ~ .~ , THE STATE OF ~_ $ ~ `~ COUNTY OF ~~ § 4~~i'/'`'hl, ~ t~°"\`~`~~~~•~ ~ ~,., BEFORE ME, the undersigned authority, on this day personally'`. appeared kn:,wn to me to be the person whose name is subscr bed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideratior therein expressed. GIVEN UNDEIf MY HAND AND SEAL O: OFFICE on this the C! _ day of (l j\ ~ : \ A.D. ] 9~' ~ `\`"~~a,,.~.,. , My Commission Expires: otarg P • i .~ e, of `-t , RESTRICTIONS E'OR Y O LAND AND .:AT~LE COMPANY R~N~HLAND. FYwp~Py '~ •, A Tract (sl _ ~f/ ._J%!/.i-~ 1 < ~ - J ., (Name) Date ~, , ? i. Total Acreage Cwned: C~ ~ y`,~~~, `t?__ ;~._~_! '-T - ~~ ,.: % -- (Name) Date i.,. ~~~,~ y.... t, (Name) Date ~`` THE STATE OF t2yla5 § COUNTY OF ~trt~. § BEFORE E, tie undersigned authority on this day personally`.~~~(-, ~: ;: appeared o -7 and aW known to me_~~ to be the persons w ose names are subscri a to the foregoing =~..,- instrument, and acknowledged to me that they. executed the same' '~ for the purposes and consideration therein expressed. ,q GIY UNDER MY HAND AND SEAL OF OFFICE on this the ~- ~ day of A.D. 199 ~ `, t'= tu~u ~' My C ~~ At i E. GRAY Kota y Public, tat o __ ~;; NOT~IRY PUBLtC ~'~ • S(at• of Texas ?~~" ''-pH'~ Comm E^p 0210.99 THE - -' ~.' COUNTY OF § ::~' BEFORE MF., the undersigned authority, on this day personally: z;. appeared , known to me to be the person whose name is subscr bed to the foregoing instrument, and acknowledged .`'. to me that he/she executed the same for the purposes and considerat~ic therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of A.D. 199 . The undersigned Owner(s) hereby adopt(s) and approve(s) Amendment numbers one (11 through fourteen (14) in the foregoing FIRST AMENDMENT TO DECLARATION OF COVEtiANTS, CONDITIONS AND RESTRICTIONS FOR Y 0 LAND AND CATTLE COMPANY RANCHLAND. / / _-r' My Commission Expires: Notary Pu ic, State .. . _ _ '~ ~ ~; . (~ i~.._ r~: The undersigne3 Owner (s} hereby adopt (s} and approve(s) A~^endment numbers one (1) through fourteen (14) in the foregoing FIRST AMENDMENT TO DECLARATLON OF COVENANTS, CONDITIONS AND RESTRICTIONS E'OR Y O LAND AND CAT' i.E MPj~Q}~~ RANCHLAND. Tract (s) 1 ~ '~ l~~'1 'A-~ ~~M ~~ /" yj/ ' ~~'/ /,i(,,~,/ (Name) Date Total Acreage O:oned c / r 3 •~~ l ~~Y ~i~ ~l.v • s~~ ' n,. ._ ~,S ^, ~~ (Name) Date (Name) Da THE STATE OF $ :i,° '.~:- COUNTY OF $ d;.` BEFORE ME, the undersigned authority, on this day personally;:; appeared and known to me _; . to be the persons w ose .names are subscribe to the foregoing '.,', instrument, and acknowledged to me that they executed the sam" for':ttie'purposes and consideration therein expressed. 'a.~ _ ~.:: ~` GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day-.of , A.D. 199_ }< My.:Comtnission Expires: Notary Public, State of '~ .. • _ :f THE:-STATE OF $ •~;~ . , COUNTY OF $ ~'$ ' -EEFORE ME, the undersigned authority, on this day persoi-alI•' . appeased , known to me to be the person whose:.,~'~~ name is subscribed to the foregoing instrument, and acknowledged.' '' to me that he/she executed the same for the purposes and consideratic therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of _ , A.D. l99_. My Commission E::piresc Notary Pu lic, State o 1 ~ Y ~~ The undersigned Owner (s2 hereby adopt(s) and approve(s) Amendment numbers one (l) through fourteen (74} in the foregoing FIRST AMENDMENT TO DECLARATION OF COVENAtJTS, COtJDLTIONS AND RF.S;RICTIONS 7•'OR Y O LAND AND CATTLE COM['ANY RANCIILANU. Tract (s} e= - ~• _ , ... -;;~~•,. -,(Name) Rate .~ Total Rcreage Owned: _ ,.~ /r _ r;,;~.~: ~ "~ ~,. ,Hi• ,•,~(Namu) Gate • ~.i~:~~~,~•-~.T (Nau~e) Date ~. F. .~~' THE STATE OF %- c ~'i CIGZ § COUNTY OF 1~'(u)Cf: § `' ~,-~ ,;; . BEFORE ME, the undersigned authority, on this day personallj, appeared i~~.(,';~~~ f~7K;rn~-, ,i-4.and Lr""[ws7 /~~ rlkiial:~,Q~d=mown to me. to be the persons w os~ names are su scr~~ to the foregoing`;; instrument, and acknowlAdged to me that they executed the same: for the purposes and consideration therein expressed. '. GIVEN UNDER MY~ HAN.v AND SEAL OF OFFICE on this the ~`~ ?~`_~ day of ~'' , A.D. ~~19g~. ~ ,,.,, ;. , My Cossion Expires: Notary Publ c,• State of ' ~k, ti - +~,+ t wmus M seECEr EryM~~ 0et 22. •097 s ; +~~ Bendrd0y MiB -THE 3'D-'r1''~ Oloemu ss;a § a -_ COUNTY OF S .:`~.; ~,.. ~~ BEFORE ME the undersi ned authorit on this da -ersonall ~•~ g Y, Y P Y '. ;appeared known' to: me to be the person 'tahose ' ~- name is subscr bed to the foregoing instrument, and acknowledged°- to me that he/she executed the same for the purposes and considerati therein expressed. ` GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the - day of A.D. 199_, My Commission Expires: Notary Pu lic, State o i . ~ 1 ~ The undersigned Owner(s) hereby adopt(s) and approve(s) Amendrr.ent numbers one (1) through fourteen l)4) in the foregc:r.a FIRST AMENDMENT TO DF.CLARATZON OF COVEtinN°_'S, CONDIT:CtiS AtiD RF,STRZCTIONS FOP. Y O LAND At7D CATTLE CUMI'At:~I2ANCHLP.:vD. Tract (s) ~~ ~ Z - _~~~ _ 3 ~Z7 ~~.~ ~~~~~~ --it.ame) Date Total A:reage Owned: 7 Z _ (game) Hate (Name) Date THE STATE OF 1E~tf~S § COUNTY OF r(JRA20RJA § BEFORE M£, the undersigned authority, on this day personally appeared 'T~,p,e•! L • FtRSG and known to me to be '}~e persons w ose names are subscribe to the foregoiny instrument, and acknowledged to me that they executed the same for the purposes and consi~er-.tion therein expressed. GIVEN UNDER MY HP.:~D AND SEAL OF OFFICE on this the ~ ~' day of /Y?A~cK A.~.. 1~-9~5: --~ ~~ My CoRanission Expires: No ry Publi State of TCx,aS '1-/9-9G THE STATE OF § ~~ ~~~~ -NCommiscbnExpGos ~'-:s.'° JULY tl,1996 COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, any acknowledged to me that he/she executed the same for the purposes and consideratio:~ therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFIC£ on this the day of A.D. 199_. My Commission Expires: Notary Pu ic, State o st ~ ~ ~ • ~ s ~ . The undersiyned Owner (s) hereby adopt (s) anc: ar•prove (s) Amendment numbers one (1) through fourt~•cn 114) ir. the foregoing FIRST AP1);NDMk:N`[' TO DF:CLA)iA'i [UN UE•' COVE:NA[J'I'S, COIJDI't'JJ\S AND RESTti-iIC'PIONS E'OR Y O LAND AP:t) i:A'C'fLL•' CUhlPATIY RANCH.T_I:."J[}. Tract(s) ~J/ ,lei /! ~" , - `_~-~%-~S (t:~inn) Date Total Acreay~ Owned: `/, ~ ~ ,-L~,[~~~ ~y~~yL, S-il_ S`~C~- (Name) Datc- THE STATE OF (<~;,;~ § COUNTY OF ~_ 1 c a k i ~-~, § BEFORE ME, the unciersignEd authority, on this day personally appeared ~(141:~•1 U Ly ~,r~ and ~;,.~4t.y ~'-,~c-r, known to me to be the persons w ose names are subseribc~c. o the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expzessed. GIVEN UNDER MY ELAND AND SEAL OF OFFZCE on this the _ lath; day of t . A.D. 199... - 1 Hy C s's_ n Eacpixglg~Ett Notary Public, State of a «a,~ ~ i.. t-r!•,:._, ;:rag iep ~~I , . THE STATE OF g COUNTY OF § BEFORE tdE, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideratic therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of A.D. 199 . My Commission E::pires: Notary Pub ic, State of .+ P `.. . Y ~lS~~~~•~s~ ~-~i . , .tun 161995 -. A ., j~ .{~~.-~ 4~1.•. Ouun iY CIERK ICaiR akii7Y C~9 y ~: '}. , .4 ff~ ~f t-- ` , . I/ ~PCluN O':.N .f •iYY ~':.-~:_~_. i•. __i-~_YP•iiCYL'IJw :OUn1rCFRE=? 1 rrrSgraMJaxrE-s^, a^«v°'.E.^~.c.w4~t«S~rn~M ~Y MOR4taPr.~i7':'~'c'Yf .. cS i"C w~}..j n:a,RJEDrQr _ r:aalvgSCRKa:i. ?at'•::?"r7R~' :a+^ry •lu~7r - a ~. v e ~- 1995 ~~~'~ ~G-~~~~- `~~ couHrrc~~uc~taa~~r~x~s '-- - .~ • , ~'. ~R~~as~;a~ ~ ~. ~,Nltl'J aZ"'t:C tl_y''' fir, ~4. ~ i.;•u r~{?~~R.r~. t ~• ' ~'. G;3.~' . C. ,~.: •, i r ' f' • '~~~ Q~~?r~JE:~(~:~ FIRST AMENDM);NT mC DECLARATION CF COVENANTS, CONDII'IGh:: AND RF..STRICTIGtiS FOR Y O LAND Arm CATTLE COMPANY ~ 4 ~~~ RANCHLAND, F;c;RF. CUUNTY, TEXAS •- °`. The undersidnec~, re~iresentiny the NTe~:bei-s e^titled to css*_ a . majority of 'the 4otL.S of .tt;e Y O LAID -'OWNERS ASSOCIhTION :and t>y.•,; _ - thy} authority of~EAAYticYe•15. of the Declaration of. Covenants,` +~~A ~~•sons and: i2~c~ ~.~t~bi~s for Y•.~ O band and . Cattle Col`~~ ~:,• ~` y ~, ,r~ ~~anc't d~te~ ~ }'~-~T'l, 7 986, re~~ ~~ in Volume: ~ ~ e# ~eai ~roFl@ s of jKeY~`i~~ ~~, ~~'exa ., (her~~n <, ~~. ~; fig{ ~ i ~ ~ ~~ . ~: ~ ;'~~ed;to as_. "`.' ~~ctions"} du' r, y~aclppt the Eo~~ - ~ ~ .. 3 ~. e 4 ~. ~.~ - ~ 4°F~,.y:.~,~~ i ~;~: ~ It ~' Y ents"~i t~~ ~~~e 'eons ~ t "s . k i F ~. f~ J~ t~, ~` ti~. r c 3 j Cy x _.. __ AmenAmPtst=? ~` .i: `~1 S.t 1T.•~1j Y'~M r[ _ - 1sl tom. ~+„1,..~~.~rs. aS~i .. a~ :. ~ige ~' 2 of ~~' ~~~'ctiong ~'~s~ ,yam m lidyd~~ed ~;" fit: 3: ~(i.~~1 .~ 't' :s .the a y~tprop~r~ f. Fs -. .. _ ~ ~, } ~- ~,,, desi.re'§„~~> concept~ot~ ~dl,aration ~ ~ G ,~ ~ ° ~ , + ~ ;~ x ~ ~ `.fit, ~2~ ; ri;' r u:_ so by ~~ _ cad a Suppl ~ ~ QecTaration o •~ r nants, Cond d Restr~.ctions,+' iCht shall ex ~: ~ ~ ~ ~ conce * off 't ., ~ - , ,- ~.~ ~, { :~, ~ . ,~ ~ _ P ,~~ ~ ~rnar_t_ , conci~ t~ciCts and ° restrictt~ F , .'~ ~~~hls DeclaS+~r ~'p b'~4stich prcper~y, PROVIDED, HO6'EVER ; ~% r no -additi~ttal~ ~l*dpeY~y. may be added~.~o the concept ,~ ~ •'Declarakicn ~Ltitiess • such ~ additior. ~ is ' first approved k+ ~, - members entitled to cast a two-thirds (2/3rds} majority vbte_. .,:. ~... of the Association; and FURTHER PROS*iDED that any addition~~ made pursuant hereto, when made, shall automatically extend r 1, ,.~ CORPS/Y O AMEND nn (~C[? • jq/~14-228/6-1Ei-55 Y`°:. ll~i~l~i'~'i~l~l1 the jurisdiction, function;, iteties ar:r'. e.en9.ershi:. ~~` '...h.~ F~sseciation tc t':.r property .:c;)~:d." Amandr;.~rt 2. Article 1, l~aruyraph fu) or; pP~:e "l.. o[ tLe: ~ee.rictior.c _., l;~~r•~l.:y amended to r.ee2 ~.. Ccllc..s: "(d) "N:f_n.}.,,r•' shall mean ar;c? r~:`~~r to D2C1.~£~l:t anti _ath owner cf ~~ `ue simple interest ("Owner") ir: ary proper~_~- a!ithin the hr-~>•.crt.ies. Eac:L ?:eri:er stall he en~itlec~ a=v cnc cote for ecclr acre G4JRE'df YROVIE~EZf , NOFEVEk, ^o r.~ember shall 3;".' be entitled to vote, sercc on the 13~ard of Directors, or `:"_=~°; ;` a :.' serve un a Committee, anlc+~s ar.ci until all dues and assess- ~'"` ments have been paid current." ~`'~ ~:;; Amencment 3. Article ~, Paragraph (by on pag? ~ of the •=•:. °~_~;. Restrictions is hereby amended to read as follows; ..._... ~"~= "(b) No mobile home or other t e of. ortable structure YP p `4~'~ ~::,' `~;,;. shall be used cn any portion of the ~raperties as a resi v, .dente. Mobile homes, motor homes, camping trailers and _ ~xs ::'=.nk. ,a;~. •. 4..;,; 'campers may be used on the Properties during the regular _ deer and turkey hunting seasons in each year as a temporary _ : ~~: hunting lodge er camp and during the times of recreation and _ , ~. *_ vacation as lodging, but the same must be removed from the >.°`- . , ... ~, ; Properties when net in use fcY the foregoing purposes _ ,, _. .. Additionally, any temporary mobile home, trailer or camper shall he placed on tl:e PropertiC$ a distance greater than 500 feet from tl~c train roac~:a~ easement cr 300 feet from any PropF~rt__ line cr ~e.condary rc•ai?~cay and must be well screened r ~ ~ t coRPS/x o Art~rro ' jg/94-22816-16-95 hchi.r.d hills ~+:. Lre~s to suhstantiall;• elin;inr,~r ~ihility Erom the m: :;+ ruadwa}•. ~uienc:c::'. •1_ hrtie•ie~ F~arar7rnt~1~ ic1 or. pay,~c: .. ., r.~? 3 e•E the h«tri~t i~ :.s , s hereb.> atr~~~nc?••d t~ rcaci as tioilc~,.~ " (c) :c r. c-~-rr.~.~re~n*_ :;t-iuctur~.. (r~::•~ , barn, etc.) cthe: tl;ar. iencinq :~ha7' l,~e placed o!~ .`.h., Properties less tte:. ~QG fee*_ from ti+r r.:rir road~,;a}• ease;n,.n: c,. ?CO feet ~rc~r. any Fr»pc,rtg _ - line er ~:c~.nciar~: road~:1•:~ ,i:-:d must t?e Fell screer:ce behind ' hills cr tr+_c•_: tc substar:i:i<,lly eiimi.n~~te visibility from~`'> the main roadw,~c." Amendmc!•t 5. Article ?., para,tapl: (e) on pace 3 of the. Restrictio,~s is hereby amended to rezc as follows: " (e) No open fires ,shall be permitted.>.Qn the Property unless;:' ty • approval is obtained in ad~•ance fr~n~ahe Security Guard or a': •member o: the Security ar,d Fire Safety Committee." - ~~=Amendment 6. Article 2, paragraph ;h)=. on page 3 of they ~~Restrictions is hereby amended tc rea.d as :follows: :'H •~ 4 °~ ".(h) The Properties .may not be divided~:~into smaller parcels' _ ;, ., than 50 acres. In the event an;r Properties are divided into. amaller parcels of not less thaw 50 acres eaEh then those divided "parcels will receive huri'`ta.ng quotas as determined by the Wildlife Committee." Amendr~•r.t 7. Article 2, parayraph (m) on panes 3 and 4 of r~ the Restrictions i~ hereby amended to read as follows: "(re) ?n~ti~ri.dnal watec :;}stems and sewage disposal ystems shall t,.~ iccated, c~nstrurti ri ~+rd equipper ir: cempliarce 3 •~ . ~, ~ r CORPS/Y O AMF.P+D • jg%94-228/6-16-95 •; ._ ~5~2~~~~~f;~ with 'Texas State Health f~._partment ?-cc•t-ir^ments, rules ar:d r~.-ulati~•c of Fcrr C~:ur.'.:.~ and any rth~~~ aupiic.il,le goverr-- r,:c.r,t~ 1 iaws, rules or rry~lations. An.rr•.dmert 8_ Article 2, pa r. graph (~) or. page 4 of the He s':ractions is lcereby a!,u~;;rCrtd b•; ac'•ding the ioi'_owinr. to the erd ~herect: " (o) ...In the event tL.:t_ ,n owner desires to sell his game to a non-Owner hunter, either the Owner cr a caalified guide mint supervise and accompam~ the hunter at all times." Ata~~rdrrent 9. ~ Article ~ i.s further turc:nded by adding the following new paragraph (q) to the end therecf: "(a) A storage -shed having a.maximum floor area of B~~ft. x 10 ft. may be„'placed on a parcel or tract provided that`its location conforms with the restrictions contained in`para- graph 2(c) hereof." Amen.dmert 10. .Article 4 on page 5 of the Restrictions is hereby an•ended by :'adding the f-ollowing' sentence to the end of szid article: "4. Creation of Lien an_d Personal Obligations for_ Assessments...By way cf clarification (and amendment, if necessary} the Declarant shall pay to the Association assessments or chargr_, to the same extent acrd under the same r.ar.ditions as other Owners in the subdivision." '~~~ ~ f CORPS/Y O AMEND jq/94-228/6-16-95 Rmendme:Tt. ~ Art.icl.e 6 on paq•,s ~ and 6 of t.h•: Pf- ~trictic,:::. _., hCreL-~• ::r.•r,:;iled b}~ acidinc7 thr fn; locdinq new _.~l~l,ara- c;T'~Fh (l) arui b~• cicl~LinG the last ~:;... urnc.i~ c~i said ~rti-ric• t:r.c ardirq the fnl]~?wing: " (j) Nr,T;~;r!~elc Tr.~~t: Ae~iao~•al. - '- ; # _~' - In t:,c~ event that. additic~ral funds are reuuir~u w`:irh xz' cannot be Frc~t•icl~~d by reyu:.~r dues, 'he Board of Ui`"r.ctors y~ may estal,li_;h a sp?cial tempur.?<<: a=sessmer:t ~:i:ich .ill not exceed Fifty percent (50$) of tt:e last annual dues." ,, r, 4~s; Amendment 12. Article f, tr Fages 6 and i of the Re- strictions is hereby amended to read as follows: ~-:= "S. Architectural Control Committee. No building or other; improvements shall be erected, placed .or .altered on the Property until the Owner or builder has inade.applicetion to • the Architectural Control Cocn%ittee for approval and has:_; submitted construction:plans and specifications and a site • plan showing the location of tha structure ~r improvements, •'`and such plans have been approved by the said Cor.:mittee as - to use, cuality of worY.manshir and materials, harmers}~ of '°` external desiar, with existing structure, and as to location ~wiah~ respect to topography ar:d final grade-elevation. The ` Architectural Control Cotr~a:ittee shall he composed of a ' _ 3y_ • ma::imum of ter: (10) volunteer members all of whom =hall be ~ -'' Members cf the Assc;ciaticn and all of whom sh:.ll he appointed by the President of the Association, ~:ith the approv.~'• r.f the Roard cf Directn.s_ The Pre=?.de,:t shall r ~' ~ 1• CORPS/Y O AMF.i:D ' jg/94-22A/6-16-95 (1 ~()~ ~,~- X10 else d~~iyr,:r Cry the Chairtac. r, of the T,rr•l'i~r~c't~!~a, !. ,..Lrui Cyr.! ~ i ~_; r%• . 1 iir u!etnt~e r!: u' • ,:,_, Come i t r e • :=ha . 1 ct r-~.,. .._•,c•ar:•.~t:t ti•iti: thy: ~ 1.•ct~•ca "•.,!!ci ~t I:irec:r:!:,. A ;a;i' ;r :.t'y' c_ ~.,cv~ s:i"_ ~ l-. n'ai 1 r~. ,.• _ is~~~ c.~r ::4k,;c, _ r~~. t, i r i.ny a ~FCisi.~~r e: tl;~ c.o!mni;:t.••r•. The C<>i:teitte~ :r..!~. :.. ~.icr.at~ a rept.~s.•nr,t•_•e to act Lu: _... in the e~•r.:::i. „[ death cr resiy:r.-,t~~r. of ar•v r^emk.,er o:. t.h~- E~crt•mittr~••, *.i.~ rresider.t with the a~:prcval of tht L:r•:,rd of Dir~:ctors sh~ii appoint a r:ucccssc?; tc! serve fer tl:e r.~m.:iinEler of the u, e:cl;ired tern. ::either the me_et;bers of ti:e, C'!n°rtittee nor its representatives shall be entitled to ar:}• co::.p~~!tsation for services per-=armed pur ,u.~nt to this cov~r.an.t. ': he here i. r: E;_anted powers and duties cf the Architectural Control Coasmitt~-e shall cease and terr.+inate twenty (20) yeare~ after the cafe of this instrument, and the aporo•.•al required by this paragraph.:' shall not be requireP. ur.l~ss prior to said date arid;; ;,',u effective thereto, the c+ssociation shall execute and .file': for record an instrument appointing a representative `oars'. representatives, who shalt ;.hereafter exercise the same, powers ar.8 c'.uties yrar.tec herein to the Architectural Control Cc>r;,rittee. The Committee's 'approval or disapproval':`~. as requimd herein, shall l~r. in writ.iny. Zf the Connittee~,• cr its designated re~n-escntattvEa, fails to clue written approval c_•r disapproval c.i~hir. thirt}• (30} days a.-:ter plans and sp.>•-i`i_cations hay-e b~cn suL-t^itted to it, or in any c~•:ant, i1 ru sui' tr. er;c•+r, :ham constturtic!- hay !^cen t. i, ~ ~ ' jg%94'-228/6-1fi-95 ` conm:e::ce~ prior t„ t.h~ ccn:l.lret c,r ref the i!r.:n-c,ver.er.ts, the ur„1:~,ed plar:- shall ie coc,~idered anr.rcr~~!1 ~r.c tl:c• rcrlated rut•~; a:,* s cha 11 bi: dr~-a,ed t~, ha~~~• tenon Eu l' ..~ t is t i !xi . '?'F!' ~~it;i.l.-rtural Cc~r.trol Con:r..c:+.ee, at. ire •<,,.•• cli:;cret?c~n, is h~r~_b~.~ per.mittrc tc :.fir/ ~,~ •.. '~ "'16. P.nnual Financial Ste.'_crrer.ts; 'Books= arfl Records...The ;~. s, • -- • Finance Office of the Association i.se" ;:Y.O. Ranch, Financel'~r~ ` '.4•. Office, 111 Juttction Hightoati•, Ingram, 'Texas, 78025." :IN WITNESS THEREOF:, ~•.this instrument is 'executed L-y each of trfor the purposes and consideration .therein expressed. = ..~<<,. GZVEN UNDER Y HAND AND SEAL OF OF ICE on this the ~~ day of A,D. 9 - ~`~° r~ . M Commission Ex Tres: Notar Pu?ali , State of ~`~ t ~~ ° - ~'~,. ;THE STATE OF ~_ S _~~ . .. p ~ ia~':.c~ ~+ . COUNTY OF~"F~ S _. ~~p...;•~,;. BEFORE ME, the undersigned authority, on this day personyd?r~ ~ ~`j~~+ -appeared , known ,to me. to be the person whose `name is subscr bed to the foregoing instrument, and acknowledged': to me that he/she executed the same for the purposes and considerati :~ ., therein expressed. ~~)) ~±~:- GIVEN UNDER Y HAND AND SEAL OF OFFICE on this the'71.,.u~~j day of , A.D, 199_. ~~ ~~.,,1b.IPgY PUR' My Commission Expires: L] tary Pu li , State o -• ~~ g I ti~.~~. 002 r~,f~15 The undersigned Owner(s) hereby adopt(s) and approve(s) Amendment numbers one (1) through fourteen (141 in the foregoing FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Y O LAND AND CATTLE COMPANY RANCHLAND. ~ ~ t~ Tract (s} ~ ~ /-~~ ~~ ~- 7'9~ j~ /~~,r_(Name) Date Total Acreage Owned: // (p .lxj/~f~! +~-'f 'SS ~~r a~aar (Name) Date ..7tte.n~id 3,,,~~Name) Date THE STATE OF TQ X~ 5 § COUNTY OF NGrris § BEFORE ME, the undersigned authorit , an this day personally appeared Tcri., `jueE:tr.(~tor~W~~~~t and S~mmGn ~ , known: to me to be the p sons 11o~e names are:su scri e~ the foregoing instrument, and.acknowledged to. me that-,they executed the same for the purposes and consideration therein expressed. e. r~,g GIVE UNDER MY` EIAND AND SEAL OF,~ 'OFFZCE on this the ~_ day of r i ~ ~.?' ~ , A.D. 299. '".-~ .. '_ My Commission Expires: .dotary.Public, State of T~XG S- ~ ., .h..N ~. ~:':.. 'THE STATE OF $ a `~',_ ' tkhryPuhTic.SbhutTws `: i it ; ~ T;oouaibio~ Eapta 7.696 ` ~~COUNTY OF § .-:r.: BEFORE`ME,-the .undersigned authority; on this day personally s;appeared ~ ° ~ , known~.;~to'"me'~to be the person'~whose< `;'`rname is subscribed to the foregoing instrument, and acknowledged- to me that heJshe::executed the same for_the purposes and consideration `' therein expressed: GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , A.D. 199_. My Commission Expires: Notary Pu ic, State o ti . f The undersigned Owner (s! hereby adopt(s) and approve(s) Amendment numbers one (1) through fourteen (14) in the foregoing FIRST AMb'NDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Y O LAND AND CATTLE PAN ANCHLAND. Tract (s) /~ /9 / ~ . 'h .~ ~~ N4// ~c.Tl (Name) Date Total Acreage Owned: _~a, 01 (Name) Pate THE STATE OF TE3C +-~ § (Name) Date COUNTY OP G`.C/C $ BEFORE ME, the undersigned authority, on this day personally appeared f~~N /=E ~l'~ and , known to me to be the .persons w ose names are su scribe to the foregoing instrument, rand. acknowledged to me :.that they executed the same for the purposes and consideration:.therein expressed. GZVEN _ UNDER MY HAND AND SEAL OF OFFICE on this the ~ day of /9~R/c. A.6. 1.9 ~ `` ~) v ' `' WMHINtN/~ My Commission ,Expires: Notary Publ'c, State 'of ~~, '~'sUy~d'~. ~~ t • •• ~ O{~Y ~ ~ y~ .,._ ~,-, THE STATE OF ~_ $ s I~ ~ Py •. COUNTY OF ~~~ § : iii . -• 5 ••~ Q 7 ~ BEFORE ME` the undersigned authority, on this day ,person$''_'lp+"~~ appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed- i GIVEN UNDER NAND AND SEAL OF FFICE on this the ~1~~~Npy, day of _ 1. , A.D. 19 `~~J~O~ .-•Y • GUtiy~~'. My Commission Expires: Notary Pu c, State o ~~ '~ ~~~ t~F 1~'Py ~~~ •••FXPIFE, •' ~` ~~~ ~:,~ 0~02~~,(~~1? The undersigned Owner(s) hereby adopt(s) and approve(s) Amendment numbers one (1) through fourteen (14) in the foregoing FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND ~'._ RESTRICTIONS FOR Y O LAND AND CATTLE"COMPANY RANCHLAND. ~'-1-' '.Gt~l f= ~~ Tract Is) f•: ` : ~:.. ~i., _ t.~ j ..... - Name) Date Total Acreage Owned: - (Name) Date (Name) Date THE STATE OF ~ ~tcGiS S COUNTY OF 0. ~ r 1 S BEFORE ME,..the undersigned authority, on this day personally appeared L- <<•,... ~•~u..c_ and -- , known to me to be the persons w ose names are su scr a to the foregoing instrument, and acknowledged to me that they executed the same: for the purposes and consideration therein expressed. _ f..,;?'_'.. -. .~ ttomc,; ,GIVEN UNDER HY HAND :AND SEAL OF OFFICE = on this the h~'~ day ~of ~ . A.D. 199.5 ~, t ;, - ..N ley! .I .Ci 1 My Commission Expires:' Notary , - ~ ~f~`, ~~ ,~,.NotxyP~bMe ~ ,~ ~; ~• . ~ .. 'l TIC I' ~ STATE OF TE7(AS ` ~'=~~ ~?~%+ .. Wit. , . r. y~ r THE STATE OF .$ 'T~F' p~Can~.:T.p.9-9••;9~7~ -~~,'; cocnrrY OF ft i ~~ , ,: 'BEFORE ME, the undersigned authority,. on°this day persotral2'y, . appeared w ~t.c.,,~«. i'E.-ct~•+C'*~- '~ ,known to me ° t"o be the person whose;;. name~•is subscr a tote oregoinq instrument, and acknowledged= to'`me that he/she executed the same for the purposes and consider therein expressed. - ; -_ t- t St(,~ GIVEN UNDER MY HAND 7~ND SEAL 9F OFFICE on this the _~_ day of , }~ D. 199 S ` My Commissf Expires:--------~~------No ry Pu is ateJo ~gS i°~'~ E ~~t10ti Notay p~bNc.• .. - ~ti STATE OF TEXAS ~'~ «~'' Y. tomre. E.p:+~-3-~7 - •^~ .. ~ - - `~?. ~. + w~~ ~~~? ~ac~~~.~ The undersigned Owner(s) hereby adopt(s) and approve (s} Amendment numbers one (1) through fourteen (la) in the foregoing FIRST AMENDMENT TO BECLARATION OF COVENANTS, CONDITIONS AND y y3 Date I ~ + r ~. ~- Total Acreage Owned: ~8 _ y ( ame) Date y, on this day personally W1~ known to me scr a to the foregoing . ti`they executed 'the same 3ti expressed ~ •' .: ~ FFICE on this the a ,,. ;a... O ~~ ~ , State - - ~, " ~ ~ f °"'•s~, DONHA 1. MlU21N31(y THE STATE OF § ° Nore+~rn~uaa~aanw ,~~ M1 OOMMgOh fAwM - .., ~.... ~u-r t, r~ .,, : ". . COUNTY OF § BEFORE ME, the undersigned authorEy,,on this•day.persorially •' appeared known.to.lne"to be the person"whose name is subscr be to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideratior. therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , A.D. 149 . . THE STATE OFD=~-~=~ § COUNTY OF ~~t "" ~„"~~ S . ,. `~ BEFORE ME,:the: a signed au1 appeare~~l~na__~.~. (oC«~~.l~d.~,~, w.to be the p rsons; .w ose n es ar 5 , ;instrument, and. °acknowledged to to :•for the purposes.an3 consideration } ` GIVEN~ U^ND-ER` MYHAND AND SEAL day of [~Ti~+~~ ~- A.D. 199. 'My Commission Expires: Nota: RESTRICTIONS FOR Y O LAND AND CATTLE COMP R NC/H LAND. Tract (s) ~5B ~ ~a~Y ~L -' ~ (Name) My Commission Expires: Notary Pu ic, State o (Name) Date ~• r y'?L ~~02~„CE~1~ The undersigned Owner(s) hereby adopt(s) and approve(s) Amendment numbers one (1) through fourteen (14) in the Foregoing FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Y O LAND AND CATTLE COMPANY RANCHLAND. Tract (s) ~b 1~t, ~~ a ht C- ame) D~ e Total Acreage Owned: %,~ (Name) Date "--rte Name) Date , THE STATE OF ~_ • .~ ~ "': 7, • ` ., '~ . ;~ . _ COUNTY OF ~ S ... . /_ ~~ •= ~ ~, . _ i t~ •1 BEFORE E, the undersigned authority, on this day pe~rsona~'ly appeared ~_ and.. :. , knowsa_~~o sae' to be the arsons w se names are~.su scr a to the Pprg'goinq.-.,_ instrusaent, ,,asul .acknowledged to,. me,: hat ..they executed.:'''~th~e .'dazae _ for the purposes;.`and consideration'.therein expressed.., ; ~-~ ~ .. ~ ;; . tom:;,: ~ ~ :. GIVEN UNDER . MY HAND AND .SEAL c'° .'OFFICE on :this the ~i~ ~:.; day of A.D 199`x. _;...-. My Commission Expires: y/r~ Not, rY=publ ~c, State o 13 k , . 'TSH STATB ,OF S ` • r - . . •_COUNTY ~. OF S ~~< ,. z„ t ~ .. - Fy - SEPORE ME, the undersigned authority, on this day„pezsonally ~~ appeared. ~.~``~°~ , known. to, me to be the person.whose .,. ~,-`;+name is subscr a to the oregoingwinstrument, and acknowledged to me that heyshe executed the same'~for the purposes.,and:`consideratior ,therein expressed. _ GIVEN UNDER MY HAND AND SEAL OF OFFECE on :his the day of A.D. 299_. My Commission Expiresz Notary Pu ic, State o