Declaration — First Amendment

Declaration — First Amendment

Unofficial reading copy. This is a text version of the recorded instrument, provided for readability and accessibility. It presents the body of the instrument: signature, notary, and county clerk filing pages are omitted, and obvious typographical errors in the source scan have been corrected. The authoritative version is the recorded instrument on file with the Hays County Clerk — Doc. No. 80028573, Official Public Records of Hays County, Texas (Vol. 3488, Pg. 754). If this copy and the recorded instrument differ, the recorded instrument controls.

VILLAGE AT LEDGE STONE

FIRST AMENDMENT TO DEVELOPMENT AREA DECLARATION AND DECLARATION OF CONDOMINIUM REGIME FOR VILLAGE AT LEDGE STONE CONDOMINIUMS

Hays County, Texas

Declarant: 290 EAST BUSH, INC., a Texas corporation

Cross reference to that certain Village at Ledge Stone Master Covenant, recorded as Document No. 06034956 in the Official Public Records of Hays County, Texas and to that certain Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 06035025 in the Official Public Records of Hays County Texas.


FIRST AMENDMENT TO DEVELOPMENT AREA DECLARATION AND DECLARATION OF CONDOMINIUM REGIME FOR VILLAGE AT LEDGE STONE CONDOMINIUMS

This First Amendment to Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums (this "Amendment") is made by 290 EAST BUSH, INC., a Texas corporation ("Declarant"), and is as follows:

RECITALS:

A. Village at Ledge Stone Condominiums, a residential condominium regime located in Hays County, Texas (the "Regime"), was established pursuant to that certain Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 06035025 in the Official Public Records of Hays County, (the "Declaration"). Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Declaration.

B. Pursuant to Provision A.3.11 of Appendix "A" to the Declaration, Declarant may amend the Declaration unilaterally and without the consent of other Owners or any mortgagee to create Units, General Common Elements and Limited Common Elements within the Regime.

C. In accordance with Section 4.1 and Provision A.3.9 of Appendix "A" to the Declaration, Declarant has reserved the right, during the Development Period, to create Units, General Common Elements, and Limited Common Elements within the Property. The "Development Period" as such term is defined in the Declaration, is a fifteen (15) year period commencing on the date the Declaration was recorded in the Official Public Records of Hays County, Texas. The Declaration was recorded in the Official Public Records of Hays County, Texas, on November 16, 2006; as such, the Development Period is still in effect.

D. Declarant desires to amend the Declaration for the purpose of creating seventy-one (71) additional Units within the Regime. The total number of Units within the Regime after giving effect to this Amendment is equal to one hundred thirty-seven (137).

NOW THEREFORE, the Declaration is hereby amended as follows:

  1. Creation of Units. In accordance with the rights reserved by the Declarant pursuant to Section 4.1 of the Declaration and Provisions A.3.9 and A.3.11 of Appendix "A" to the Declaration, Declarant hereby creates seventy-one (71) additional Units within the Regime, which are designated as Unit Nos. 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, and 114 (collectively, the "New Units"). The New Units are hereby classified as Units which MUST BE BUILT.

  2. Supplement to Attachment 1. Attachment 1 to the Declaration is hereby supplemented by the Plats and Plans attached hereto as Attachment 1 (the "Supplemental Plats and Plans"). The Supplemental Plats and Plans: (i) assign an identifying number to the New Units; (ii) describe the portion of the Limited Common Elements created or assigned to the New Units; and (iii) include the information required by Section 82.059 of the Texas Uniform Condominium Act.

  3. Replacement of Attachment 2. The Common Interest Allocation, percentage of liability for common expenses and number of votes allocated to all Units within the Regime, after the addition of the New Units, is set forth on Attachment 2, attached hereto and incorporated herein by reference. Attachment 2 supersedes and replaces Attachment 2 to the Declaration in its entirety.

  4. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration. Unless expressly amended by this Amendment, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.


ATTACHMENT 1 — Supplemental Plats and Plans

[Plat sheets — graphical content. See the recorded PDF.]


ATTACHMENT 2 — Common Interest Allocation

COMMON INTEREST ALLOCATION

The Common Interest Allocation and percentage of liability for common expenses for each Unit is 1/137. Each Unit is allocated one (1) vote.


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