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NOTE: Text in italics have been added for better understanding of these documents and are not included in the original documents. If underlined it indicates there is a link to the modifying document.
TABLE OF CONTENTS
LAKEVILLE, SECTION TWO (2)
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument
entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville» (the "Declaration») to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property:
All of Lakeville, Section One (I), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the
provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association'') by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant desires to annex the following additional land (the "Additional Land")
and subject the Additional Land to the provisions of the Declaration, as well as the jurisdiction of the Association:
All of Lakeville, Section Two (2), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 537148 of the Map Records of Harris County, Texas
NOW, THEREFORE, Declarant does hereby annex the Additional Land and subject the
Additional Land to all of the covenants, conditions, and restrictions set forth in the Declaration and all amendments thereto. All provisions of the Declaration shall apply to the Additional Land with the same force and effect as if the Additional Land was originally included in the property subject to the Declaration, including the provisions relating to the payment of annual maintenance charges and assessments to the Association. The Additional Land shall be developed, improved, sold, used and enjoyed in accordance with and subject to the provisions of the Declaration, as previously or hereafter amended. All provisions of the Declaration shall run with the Additional Land and be binding on all parties who may now or hereafter have or claim any right, title or interest in the Additional Land or any part thereof; and on the heirs, executors, administrators, successors and assigns of such parties, regardless of the source of or the manner in which any such right, title or interest is or may be acquired.
Capitalized terms used in this Supplemental Declaration shall have the same meanings given
to them in the Declaration unless otherwise specifically provided herein.
Notwithstanding anything in the Declaration to the contrary, the following provisions shall be
applicable to the Additional Land:
2. LEASING. Residential Dwellings in Lakeville, Section Two (2), may be leased. Provided that, a Residential Dwelling may be leased only for "single family residential purposes" as that phrase is defined in Article II, Section 2. lB, of the Declaration.Accordingly, no room in a Residential Dwelling shall be leased to a person who is not a member of the family occupying the Residential Dwelling. Further, no lease of a Residential Dwelling shall be for a term of less than six (6) months and no Residential Dwelling shall be used for any type of business or corporate lodging.
3. SIGNS. No "For Lease" sign shall be displayed on any Lot in Lakeville, Section Two (2), or in the window of the Residential Dwelling or other Improvement on a Lot in Lakeville, Section Two (2). No "For Lease" sign shall be attached to the exterior of any Residential Dwelling or Improvement on a Lot in Lakeville, Section Two (2). As long as Declarant owns any Lot within Lakeville, Sections One (1) and Two (2), or any other section of Lakeville hereafter annexed and subjected to the provisions of the Declaration, no "For Sale" sign shall be displayed on any Lot in Lakeville, Section Two (2), or in the window of the Residential Dwelling or other Improvement on a Lot in Lakeville, Section Two (2), and no "For Sale" sign shall be attached to the exterior of any Residential Dwelling or other Improvement on a Lot in Lakeville, Section Two (2). Thereafter, only one (1) "For Sale" sign not larger than thirty-eight (38) inches in width and twenty-eight (28) inches in height may be displayed on a Lot; however, the sign must be located in front of the garage on the Lot between the driveway and the interior side property line. The Association shall have the authority to go upon a Lot and remove and dispose of any unauthorized sign on the Lot without liability in trespass or tort to any party. If notice and an opportunity to appear before the Board of Directors are given as provided by law, the Association shall have the authority to levy a fine in the amount of $250.00 against any Owner or occupant of a Lot in Lakeville, Section Two (2), who, directly or indirectly through an agent or any authorized representative, erects or places an unauthorized sign on the Lot in violation of the provisions of this paragraph. If the unauthorized sign is displayed in the window of a Residential Dwelling or other Improvement on the Lot or otherwise in a manner that does not enable the Association to remove the unauthorized sign, the Association shall have· the authority, after notice and an opportunity to appear before the-Board of Directors are given as provided by law, to levy a fine against the Owner and/or occupant of the Lot in the amount of $250.00 for each day that the unauthorized sign is displayed. Any fines levied in accordance with the provisions of this paragraph shall be added to the assessment account for the Lot·in question and secured by the lien against such Lot created in Article V of the Declaration. The authority to remove an unauthorized sign on a Lot and/or to levy fines is in addition to, not in lieu of, all other remedies available to the Association under the Declaration or at law.
4. LOT MAINTENANCE. The Association shall, as a common expense paid out of the Maintenance Fund, be responsible for mowing and edging the grass in the front and side yards of each Lot in Lakeville, Section Two (2), and the grass in the rear yard of each Lot in Lakeville, Section Two (2), outside the fencing enclosing the rear yard, but in all instances only to the face of any landscape bed on the Lot. Declarant hereby reserves for the Association, its agents and contractors, an easement upon, across, and over all Lots in Lakeville, Section Two (2), for the purpose of mowing and edging the front, side and rear yards of such Lots (not enclosed by a fence). By virtue of this easement, it shall be permissible for the Association, its agents and contractors, to enter upon each Lot for these purpose as frequently as the Board of Directors deems necessary to maintain the Lots in a neat and attractive condition. No Owner or occupant of a Lot in Lakeville, Section Two (2) shall in any manner impair or impede the Association's maintenance of the front, side and rear yards (not enclosed by a fence) or otherwise adversely affect the objective of maintaining the lawn of all Lots in Lakeville, Section Two (2), in a uniform manner. The Owner of each Lot in Lakeville, Section Two (2), is required to water the lawn, trees, shrubs and plants on the Lot as frequently as may be necessary to keep them alive, healthy and vibrant and to maintain all landscape beds in a neat and attractive manner, free of debris and weeds. Further, the Owner of each Lot in Lakeville, Section Two (2), is obligated to replace any dead or diseased grass, tree, shrub or plant on the Lot within forty five (45) days of the date that the Board of Directors of the Association determines that the grass, tree, shrub or plant is dead or so diseased that it cannot be salvaged. The Board of Directors has the authority to extend the period for replacing grass or a tree, shrub or plant if the forty-five (45) day period is during a time of year that is not optimal for replacing grass, trees, shrubs or plants. If, after notice and an opportunity to meet with the Board of Directors as provided by law, the Owner of a Lot in Lakeville, Section Two (2), fails or refuses to water the grass, trees, shrubs and/or plants on the Lot, or maintain the landscape beds on the Lot, or replace grass or any tree, shrub or plant determined by the Board of Directors to be dead or so diseased that it cannot be salvaged, the Association, its agents and contractors, shall have the authority to go upon the Lot, without liability in trespass, and water the lawn and trees, shrubs and plants, maintain the landscape beds, and replace any dead or diseased grass, tree, shrub or plant. The Owner agrees by the purchase of such Lot to pay all charges incurred by the Association to perform such work, plus fifty percent (50%) of such costs for overhead and supervision, immediately upon receipt of an invoice for such costs. Payment of such costs shall be secured by the lien against such Lot. created in Article V of the Declaration.
5. NEIGHBORHOOD ASSESSMENT. In addition to Annual Maintenance Charges, Special Assessments, and Reserve Assessments provided in Article V of the Declaration, the Association shall have the authority to levy and collect a Neighborhood Assessment with respect to each Lot in Lakeville,Section Two (2). A Neighborhood Assessment is a separate assessment levied equally against all Lots in Lakeville, Section Two (2). The purpose of the Neighborhood Assessment is to provide funds to the Association to pay expenses incurred to provide special services for the exclusive benefit of the residents of Lots in Lakeville, Section Two (2).There are no special services to be provided to the residents of Lots in Lakeville, Section Two (2), as of the date of execution of this annexation document and, consequently, no Neighborhood Assessment in effect as of the date of execution of this annexation document.Neighborhood Assessments, if any, shall be due, in advance, on January I" of each year in which the special services are to be provided. If special services provided to the residents of Lots in Lakeville, Section Two (2), commence after the first day of a calendar year, the Neighborhood Assessment for that year shall be due on the date specified by the Board of Directors. The Board of Directors shall have the authority to set the rate of the Neighborhood Assessment each year based upon the anticipated cost to provide the special services specified above. When adjusting the amount of the Neighborhood Assessment from year to year, the Board of Directors shall consider any surplus or deficit in the budget from the prior year, it being the intent that the Neighborhood Assessment shall be set at a rate to cover the costs for which the Neighborhood Assessment is levied, not to build any cash reserves. Payment of Neighborhood Assessments shall be secured by the continuing lien provided in Article V of the Declaration. A Neighborhood Assessment shall also be the personal obligation of the Owner(s) of the Lot at the time the Neighborhood Assessment became due. A Neighborhood Assessment shall be subject to the same provisions relating to non-payment that are applicable to Annual Maintenance Charges and Special Assessments pursuant to Article V of the Declaration.
6. RESTRICTIONS ON THE SALE OF A LOT. [NOTE: this paragraph was deleted in its entirety by the FIRST AMENDMENT TO ANNEXATION OF LAKEVILLE, SECTION TWO (2)] If the initial purchaser of a Lot in Lakeville, Section Two (2), (i.e., the person or entity that purchases a Lot from Declarant) sells or conveys the Lot to another person or entity within five (5) years of the date of original purchase, the person or entity who was the initial purchaser of the Lot in Lakeville, Section Two (2), shall be obligated to pay to the Association the sum of Two Thousand Five Hundred and No/00 Dollars ($2,500.00). The five (5) year period specified in this paragraph shall commence on the· date that a deed conveying a Lot in Lakeville, Section Two (2), from Declarant to the purchaser is recorded. The date of a subsequent sale of the Lot shall be the date the deed conveying the Lot to a subsequent purchaser is recorded or, if a contract for deed or similar instrument, the date the contract for deed or similar instrument is executed, whichever occurs earlier. Provided that, the provisions of this paragraph shall not be applicable to a sale resulting from the foreclosure of the Mortgage on the Lot or a deed in lieu of foreclosure or a subsequent sale of the Lot by the party who acquired the Lot as the result of the foreclosure sale or deed in lieu of foreclosure; the provisions of this paragraph shall also not be applicable to the initial purchaser of a Lot who occupies the Residential Dwelling on the Lot as his/her residence from the date of purchase (or within 30 days of that date) until the date of the subsequent sale of the Lot. The sum payable to the Association, as specified herein, shall be due on the date that the deed conveying the Lot to a subsequent purchaser is recorded or, if a contract for deed or similar instrument, the date the contract for deed or similar instrument is executed. Interest at the rate of eighteen percent (18%) per annum shall accrue on such sum from the due date until paid. Payment of the $2,500.00 sum specified in this paragraph shall be secured by the continuing lien provided in Article V of the Declaration. Payment of such sum shall also be the personal obligation of the seller of the Lot. All remedies available to the Association for the non-payment of assessments, as provided in Article V of the Declaration, shall be available to the Association for non-payment of the $2,500.00 specified in this paragraph.
In the event of a conflict between the provisions of this Annexation document and the provisions of the declaration, the provisions of this Annexation document shall prevail.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property:
All of Lakeville, Section One (1), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the
provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association") by Declarant at any time within ten (I 0) years of the date of recording the Declaration and without the consent of the Members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant previously annexed the following additional land and subjected such
land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Two (2)" recorded in the Official Public Records of Real Property of Harris County, Texas on September 4, 2003 under Clerk's File No. W990964:
All of Lakeville, Section Two (2), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 537148 of the Map Records of Harris County, Texas
and,
WHEREAS, paragraph 6 of the Annexation of Lakeville, Section Two (2), entitled "Restrictions on the Sale of a Lot", requires the payment of a specified sum if a Lot in such section is sold within five (5) years of the date of original purchase; and,
WHEREAS, Declarant desires to amend the Annexation of Lakeville, Section Two (2), for the
purpose of deleting paragraph 6; and
WHEREAS, Section 8.1 of the Declaration provides that, for a period of five (5) years after the
date the Declaration is recorded, Declarant shall have the authority to amend the Declaration without the joinder or consent of any other party, so long as an amendment does not adversely affect any substantive rights of the Lot Owners; and
WHEREAS, an amendment of the Annexation of Lakeville, Section Two (2), for the purpose of
deleting paragraph 6 does not adversely affect any substantive rights of the Lot Owners;
NOW, THEREFORE, Declarant hereby amends the Annexation of Lakeville, Section Two
(2), as follows:
All provisions of the Annexation of Lakeville, Section Two (2), remain in full force and effect
except to the extent amended by the provisions of this instrument.
Capitalized terms used herein shall have the same meanings as that ascribed to them in the
Declaration.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument
entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville» (the "Declaration») to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property:
All of Lakeville, Section One (I), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the
provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association'') by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant desires to annex the following additional land (the "Additional Land")
and subject the Additional Land to the provisions of the Declaration, as well as the jurisdiction of the Association:
All of Lakeville, Section Three (3), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 537148 of the Map Records of Harris County, Texas
NOW, THEREFORE, Declarant does hereby annex the Additional Land and subject the
Additional Land to all of the covenants, conditions, and restrictions set forth in the Declaration and all amendments thereto. All provisions of the Declaration shall apply to the Additional Land with the same force and effect as if the Additional Land was originally included in the property subject to the Declaration, including the provisions relating to the payment of annual maintenance charges and assessments to the Association. The Additional Land shall be developed, improved, sold, used and enjoyed in accordance with and subject to the provisions of the Declaration, as previously or hereafter amended. All provisions of the Declaration shall run with the Additional Land and be binding on all parties who may now or hereafter have or claim any right, title or interest in the Additional Land or any part thereof; and on the heirs, executors, administrators, successors and assigns of such parties, regardless of the source of or the manner in which any such right, title or interest is or may be acquired.
Capitalized terms used in this Supplemental Declaration shall have the same meanings given
to them in the Declaration unless otherwise specifically provided herein.
Notwithstanding anything in the Declaration to the contrary, the following provisions shall be
applicable to the Additional Land:
type as follows:
a. Lots One (1) through Sixty-two (62), inclusive, Block One (1), of Lakeville, Section Three (3), are Type "A" Lots;
b. Lots One (1) through Twenty (20), inclusive, Block Two (2), 9fLakeville, Section.Three (3), are Type "B"Lots; c. Lots Fifty-five (55) through Sixty-six (66), inclusive, Block Two (2), of Lakeville, Section Three (3), are Type "B" Lots; d. Lots One (1) through Seven (7), inclusive, Block·Three (3), of Lakeville, Section Three (3), are Type "C" Lots;
e. Lots Twenty-one (21) through Fifty-four (54), inclusive, Block Two (2), of Lakeville, Section Three (3), are not be designated by Dec!arant as to type(s); however, the minimum allowable area of interior living space in a Residential Dwelling on any one (1) of these Lots shall be eight hundred (800) square feet.
The provisions of the Declaration applicable to a particular type of Lot be app)icable to the same
type of Lot in Lakeville, Section Three (3), to the extent not mcons1stent with the provisions of this Annexation document.
2. LEASING. With the exception of Lots and Improvements thereon owned by Declarant, no Lot or Residential Dwelling or other Improvement on a Lot in Lakeville, Section Three (3), shall be leased. 3. CARPORTS. A carport is prohibited on each Lot in Lakeville, Section Three (3), unless constructed by Declarant in conjunction with the initial construction of a Residential. Dwelling on the Lot and prior to the transfer of title to the Lot by Declarant. It is the express intent of this.paragraph to prohibit a carport from being erected or constructed on a Lot in Lakeville, Section Three (3), at any time after title to the Lot has been conveyed by Declarant. If a carport is constructed on a Lot by Declarant in conjunction with the initial construction of a Residential Dwelling on the Lot and prior to the conveyance of such Lot by Declarant, the carport may be replaced by any subsequent Owner of the Lot if the carport is damaged or becomes substantially deteriorated; provided that, the replacement carport must be constructed in strict accordance with the specifications for the original carport, including location, size and type and color of materials. 4. COMMON AREA MAINTENANCE. There are strips of Common Area between Lots in Block Two (2) of Lakeville, Section Three (3), at three (3) locations. The three (3) strips of Common Area are shown on the portion of the Plat for Lakeville, Section Three (3) attached hereto and incorporated herein for all purposes [each of the three (3) areas being referred to in this paragraph as "Open Space"]. The Owner of each Lot adjacent to any.portion of an Open Space shall have the obligation to water the grass and shrubs in the Open Space adjacent to that Owner's Lot so that the grass and shrubs in the Lot and the Open Space are maintained in a uniform manner. 5. UTILITY AND WATER· LINE EASEMENTS. Declarant reserves the utility easements shown on the Plat for Lakeville, Section Three (3), for the construction, addition, maintenance and operation of all necessary utility systems, including systems of electric light and power supply, telephone service, cable television service, gas supply, water supply and sewer service, and systems for utilization of services resulting from advances in science and technology. There is hereby created an easement upon, across, over and under all of the Subdivision for ingress and egress for the purpose of installing, replacing, repairing and maintaining all utilities. By virtue of this easement, it shall be expressly permissible for the Utility Companies and other entities supplying services to install and maintain pipes, wires,. conduits, service lines, or other utility facilities or appurtenances thereto, under the land within the utility easements now or from time to time existing and from service lines situated within such easements to the point of service on or in any structure. It shall also be expressly permissible for Declarant or any municipal utility district having jurisdiction over the Subdivision to install, repair, replace and maintain water lines and related facilities or appurtenances under the land within the utility easements.
In the event of a conflict between the provisions of this Annexation document and the provisions of the Declaration, the provisions of this Annexation document shall prevail.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property:
All of Lakeville, Section One (1), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the
provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the Members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant previously annexed the following additional land and subjected such
land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Three (3)" recorded in the Official Public Records of Real Property of Harris County, Texas on January 13, 2004 under Clerk's File No. X325503:
All of Lakeville, Section Three (3), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 544034 of the Map Records of Harris County, Texas
and,
WHEREAS, paragraph l of the Annexation of Lakeville, Section Three (3), entitled
"Lot Designations", includes the following provision:
e. Lots Twenty-One (21) through Fifty-Four (54), inclusive,
Block TWo (2), of Lakeville, Section Three (3), are not being
designated by Declarant as to type(s); however, the
minimum allowable area of interior living space in a
Residential Dwelling on any one (I) of these Lots shall be
eight hundred (800) square feet.
and,
WHEREAS, Declarant desires to amend the Annexation of Lakeville, Section Three (3), for the purpose of designating Lots Twenty-One (21) through Fifty-Four (54), inclusive, Block Two (2), of Lakeville, Section Three (3), as Type "A" Lots; and
WHEREAS, Section 8.1 of the Declaration provides that, for a period of five (5) years after the
date the Declaration is recorded, Declarant shall have the authority to amend the Declaration without the joinder or consent of any other party, so long as an amendment does not adversely affect any substantive rights of the Lot Owners; and
WHEREAS, an amendment of the Annexation of Lakeville, Section Three (3), for the purpose
of designating Lots as Type "A" Lots does not adversely affect any substantive rights of the Lot Owners;
NOW, THEREFORE, Declarant hereby amends the Annexation of Lakeville, Section Three
(3), as follows:
to read as follows:
e. Lots Twenty-One (21) through Fifty-Four (54), inclusive,
Block Two (2), of Lakeville, Section Three (3), are Type
"A" Lots.
All provisions of the Annexation of Lakeville, Section Three (3), remain in full force and effect except to the extent amended by the provisions of this instrument Capitalized terms used herein shall have the same meanings as that ascribed to them in the Declaration.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville,' (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property:
All of Lakeville, Section One (1), a subdivision in Harris County, Texas
according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the provisions of the Declaration and the jurisdiction of Lakeville Community Associ tion, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas;
and,
WHEREAS, Declarant previously annexed the following additional land· and subjected
such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Two (2)/' recorded in the Official Public Records of Real Property of Harris County, Texas on September 4, 2003 under Clerk's File No.W990964: All of Lakeville, Section Two (2), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 537148 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Three (3)," recorded in the Official Public Records of Real Property of Harris County, Texas on January 13, 2004 under Clerk's File No. X325503 All of Lakeville, Section Three (3), a subdivision in Harris County, Texas according to the map or plat thereof recorded mider Film
Code No. 544034 of the Map Records of Harris County, Texas
WHEREAS, 'Declarant de ire to annex the following additional land (the "Additional Land") and subject the Additional Land to the provisions of the Declaration, as well as the jurisdiction of the Association: All of Lakeville, Section Four (4), a subdivision in Harris County, Texas accordingly to the map or plat thereof recorded under Film Code No. 553281 of the Map Records of Harris County, Texas
NOW, THEREFORE, Declarant does hereby annex the Additional Land and subject the Additional Land to all of the covenants, conditions, restrictions, liens and charges set forth in the Declaration and all amendments thereto. All provisions of the Declaration shall apply to the Additional Land with the same force and effect as if the Additional Land was originally included in the property subject to the Declaration, including the provisions relating to the payment of Annual Maintenance Charges and assessments to the Association. Tue Additional Land shall be developed, improved, sold, used and enjoyed in accordance with and subject to the provisions of the Declaration, as previously or hereafter amended. All provisions of the Declaration shall run with the Additional Land and be binding on all parties who may now or hereafter have or claim any right, title or interest in the Additional Land or any part thereof, and on the heirs, executors, administrators, successors and assigns of such parties, regardless of the source of or the manner in which any such right, title or interest is or may be acquired.
Capitalized terms used in this Annexation document shall have the same meanings given to them in the Declaration unless otherwise specifically provided herein.
Notwithstanding anything in the Declaration to the contrary, the following provisions shall be applicable to the Additional Land:
a. Lots One (1) through Eight (8), inclusive, Block Two (2), of Lakeville, Section Four (4), are Type "A" Lots;
b. Lots One (1) through Sixty-six (66), inclusive, Block One (1), of Lakeville, Section Four (4), are Type "B" Lots;
c. Lots One (1) through Twenty-seven (27), inclusive, Block Three (3), of
Lakeville, Section Four (4), are Type·"B" Lots; d. Lots One (1) through Fifteen (15), inclusive, Block Four (4), of Lakeville, Section Four (4), are Type ''Cn Lots;
The provisions of the Declaration applicable to a particular type of Lot shall be applicable to the same type of Lot in Lakeville, Section Four (4), to the extent not inconsistent with the provisions of this Annexation document.
2. UTILITY AND WATER LINE EASEMENTS. Declarant reserves the utility easements shown on the Plat for Lakeville, Section Four (4), for the construction, addition, maintenance an4 op !cl ion of all necessary utility systems, including systems of electric light and power supply, 'telephone service, cable television service, gas supply, water supply and sewer service, and systems for utilization of services resulting from advances in science and technology. There is hereby created an easement upon, across, over and under all of the Subdivision for ingress and egress for the purpose of installing, replacing, repairing and maintaining all utilities. By virtue of this easement, it shall be expressly permissible for the Utility Companies and other entities supplying services to install and maintain pipes, wires, conduits, service lines, or other utility facilities or appurtenances thereto, under the land within the utility easements now or from time to time existing and from service lines situated within such easements to the point of service on or in any structure. It shall also be expressly permissible for Declarant or any municipal utility district having jurisdiction over the Subdivision to install, repair, replace and maintain water lines and related facilities or appurtenances under the land within the utility easements.
In the event of a conflict between the. provisions of this Annexation document and the provisions of the Declaration, the provisions of this Annexation document shall prevail.
THE STATE OF TEXAS §
§ COUNTY OF HARRIS § WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property: All of Lakeville, Section One (I), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the Members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Four (4)" recorded in the Official Public Records of Real Property of Harris County, Texas on April 30, 2004 under Clerk's File No. X575441:
All of Lakeville, Section Four (4), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 553281 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant desires to amend the Annexation of Lakeville, Section Four (4), for
the purpose of allowing Lots in Lakeville, Section Four (4), to be leased; and
WHEREAS, Section 8.1 of the Declaration provides that, for a period of five (5) years after the date the Declaration is recorded, Declarant shall have the authority to amend the Declaration without the joinder or consent of any other party, so long as an amendment does not adversely affect any substantive rights of the Lot Owners; and
WHEREAS, an amendment of the Annexation of Lakeville, Section Four (4), for the purpose of allowing Lots to be leased does not adversely affect any substantive rights of the Lot Owners;
NOW, THEREFORE, Declarant hereby amends the Annexation of Lakeville, Section Four (4), as follows:
1. Paragraph 3 of the Annexation of Lakeville, Section Four (4), is hereby added to read as follows:
3. LEASING. The Residential Dwelling on a Lot in Lakeville, Section Four (4), may be leased but only in its entirety and for single family residential purposes. No room in a Residential Dwelling shall be leased to a person who is not a member of the family occupying the Residential Dwelling. No Owner shall lease his lot for hotel or transient purposes which, for purposes of this provision, is defined as a period of less than six (6) months.
All provisions of the Annexation of Lakeville, Section Four (4), as previously amended, remain in full force and effect except to the extent amended by the provisions of this instrument.
Capitalized terms used herein shall have the same meanings as that ascribed to them in the Declaration.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property: All of Lakeville, Section One (1), a subdivision in Harris County, Texas according to· the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the provisions of the Declaration and the jurisdiction of Lakeville Comunity Association, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the Members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant desires to annex the following additional land (the "Additional Land"} and subject the Additional Land to the provisions of the Declaration, as well as the jurisdiction of the Association:
All of Lakeville, Section Five (5), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 566086 of the Map Records of Harris County, Texas
NOW, THEREFORE, Declarant does hereby annex the Additional Land and subject the Additional Land to all of the covenants, conditions, and restrictions set forth in the Declaration and all amendments thereto. All provisions of the Declaration shall apply to the Additional Land with the same force and effect as if the Additional Land was originally included in the property subject to the Declaration, including the provisions relating to the payment of Annual Maintenance Charges and assessments to the Association. The Additional Land shall be developed, improved, sold, used"and enjoyed in accordance with and subject.to the provisions of the Declaration, as previously or hereafter amended. All provisions of the Declaration shall run with the Additional Land and be binding on all parties who may now or hereafter have or claim any right, title or interest in the Additional Land or any part thereof, and on the heirs, executors, administrators, successors and assigns of such parties, regardless of the source of or the manner in which any such right, title or interest is or may be acquired.
Capitalized terms used in this Annexation shall have the same meanings given to them in
the Declaration, unless otherwise specifically provided herein. WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property:
All of Lakeville, Section One (1), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the. Declaration and without the consent of the members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and, WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Two (2)," recorded in the Official Public Records of Real Property of Harris County, Texas on September 4, 2003 under Clerk's File No.W990964:
and, All of Lakeville, Section Two (2), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 537148 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant previously annexed the following additional land and subjected
such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Three (3)," recorded in the Official Public Records of Real Property of Harris County, Texas on January 13, 2004 under Clerk's File No. X325503:
All of Lakeville, Section Three (3), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 544034 of the Map Records of Harris County, Texas
and,
WHEREAS, the Annexation of Lakeville, Section 11uee (3), was amended by that certain instrwnent entitled "First Amendment to Annexation of Lakeville, Section 11uee (3)" recorded in the Official Public Records of Real Property of Harris County, Texas on March 2, 2005 under Clerk's File No. Y292237;
and
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Four (4)" recorded in the Official Public Records of Real Property of Harris County, Texas on April 30, 2004 under Clerk's File No. X575441:
All of Lakeville, Section Four (4), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 553281 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrwnent entitled "Annexation of Lakeville, Section Five (5)" recorded in the Official Public records of Real Property of Harris County, Texas on October 7, 2004 under Clerk's File No. X974920:
All of Lakeville, Section Five (5), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 566086 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant desires to annex the following additional land (the "Additional Land") and subject the Additional Land to the provisions of the Declaration, as· well as the jurisdiction of the Association: All of Lakeville, Section Six (6), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 585177 of the Map Records of Harris County, Texas
NOW, THEREFORE, Declarant does hereby annex the Additional Land and subject the Additional Land to all of the covenants, conditions, restrictions, liens and charges set forth in the Declaration and all amendments thereto. All provisions of the Declaration shall apply to the Additional Land with the same force and effect as if the Additional Land was originally included in the property subject to the Declaration, including the provisions relating to the payment of Annual Maintenance Charges and assessments to the Association. The Additional Land shall be developed, improved, sold, used and enjoyed in accordance with and subject to the provisions of the Declaration, as previously or hereafter amended. All provisions of the Declaration shall run with the Additional Land and be binding on all parties who may now or hereafter have or claim any right, title or interest in the Additional Land or any part thereof, and on the heirs, executors, administrators, successors and assigns of such parties, regardless of the source of or the manner in which any such right, title or interest is or may be acquired.
Capitalized tenns used in this Annexation document shall have the same meanings given to them in the Declaration, unless otherwise specifically provided herein.
Notwithstanding any provision in the Declaration to the contrary, the following provisions shall be applicable to the Additional Land:
1. LEASING. The Residential Dwelling on the following Lots in Lakeville, Section Six (6), may be leased: [NOTE: This paragraph is modified by amendment]
a. Lots 2 through 7, inclusive, in Block One (I);
b. Lots 10 through 15, inclusive, in Block One (l); c. Lots 18, 19, 20, 26, 27, 30, 31, 34, 35, 38, 39, 42, 43, 46 and 47, in Block One (l); d. Lots 2 through 7, inclusive, in Block Two (2) e. Lots 10 through 15, inclusive, in Block Two (2); f. Lots 21 through 25, inclusive, in Block Two (2); and g. Lots 28, 29 and 30, in Block Two (2). Provided that, the Residential Dwelling on each of such Lots shall be leased only for single family residential purposes, as provided in Article II, Section 2.1B, of the Declaration. Accordingly, no room in a Residential Dwelling shall be leased to a person who is not a member of the family occupying the Residential Dwelling. Further, no lease of a Residential Dwelling on any of such Lots shall be for a term of less than six (6) months and no Residential Dwelling shall be used for any type of business or corporate lodging. No Residential Dwelling on any Lot in Lakeville, Section Six (6), other than the Lots set forth above, shall be leased.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property;
All of Lakeville, Section One (I), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the Members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Six (6)" recorded in the Official Public Records of Real Property of Harris County, Texas on August 12, 2005 under Clerk's File No. Y687460:
All of Lakeville, Section Six (6), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 585177 of the Map Records of Harris County, Texas
and,
WHEREAS, paragraph I of the Annexation of Lakeville, Section Six (6), entitled "Leasing", designates particular Lots in Lakeville, Section Six (6), which may be leased and prohibits all other Lots in Lakeville, Section Six (6), from being leased; and
WHEREAS, Declarant desires to amend the Annexation of Lakeville, Section Six (6), for the purpose of permitting all Lots in Lakeville, Section Six (6), to be leased; and
WHEREAS, Section 8.1 of the Declaration provides that, for a period of five (5) years after the date the Declaration is recorded, Declarant shall have the authority to amend the Declaration without the joinder or consent of any other party, so long as an amendment does not adversely affect any substantive rights of the Lot Owners; and WHEREAS, an amendment of the Annexation of Lakeville, Section Six (6), for the pwpose of deleting the leasing restriction does not adversely affect any substantive rights of the Lot Owners;
NOW, THEREFORE, Declarant hereby amends the Annexation of Lakeville, Section Six (6), as follows:
1. Paragraph 1 of the Annexation of Lakeville, Section Six (6), is hereby amended to read as follows:
1. LEASING. The Residential Dwelling on each Lot in Lakeville, Section Six (6), may be leased but only in its entirety and for single family residential purposes, as provided in Article II, Section 2.1B, of the Declaration. No room in a Residential Dwelling shall be leased to a person who is not a member of the family occupying the Residential Dwelling. Further, no lease of a Residential Dwelling on a Lot in Lakeville, Section Six (6), shall be for a term less than six (6) months and no Residential Dwelling shall be used for any type of corporate lodging.
All provisions of the Annexation of Lakeville, Section Six (6), remain in full force and effect except to the extent amended by the provisions of this instrument.
Capitalized terms used herein shall have the same meanings as that ascribed to them in the Declaration.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W570983, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the following real property: All of Lakeville, Section One (1), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected
to the provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the Declaration and without the consent of the members of the Association by filing for record an annexation instrument in the Official Public Records of Real Property of Harris County, Texas; and, WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Two (2)," recorded in the Official Public Records of Real Property of Harris County, Texas on September 4, 2003 under Clerk"s File No.W990964:
All of Lakeville, Section Two (2), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 537148 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant previously annexed the following additional land and subjected
such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Three (3)," recorded in the Official Public Records of Real Property of Harris County, Texas on January 13, 2004 under Clerk's File No. X325503:
All of Lakeville, Section Three (3), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film
Code No. 544034 of the Map Records of Harris County, Texas
and,
WHEREAS, the Annexation of Lakeville, Section Three (3), was amended by that certain instrument entitled "First Amendment to Annexation of Lakeville, Section Three (3)" recorded in the Official Public Records of Real Property of Harris County, Texas on March 2, 2005 under Clerk's File No. Y292237; and
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Four (4)" recorded in the Official Public Records of Real Property of Harris County, Texas on April 30, 2004 under Clerk's File No. X575441:
All of Lakeville, Section Four (4), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 553281 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Five (5)" recorded in the Official Public records of Real Property of Harris County, Texas on October 7, 2004 under Clerk's File No. X974920: All of Lakeville, Section Five (5), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 566086 of the Map Records of Harris County, Texas
and,
WHEREAS, Declarant desires to annex the following additional land (the "Additional Land") and subject the Additional Land to the provisions of the Declaration, as well a·s the jurisdiction of the Association:
All of Lakeville, Section Seven (7), a subdivision in Harris County,
Texas according to the map or plat thereof recorded under Film
Code No. 587014 of the Map Records of Harris County, Texas
NOW, THEREFORE, Declarant does hereby annex the Additional Land and subject the Additional Land to all of the covenants, conditions, restrictions, liens and charges set forth in the Declaration and all amendments thereto. All provisions of the Declaration shall apply to the Additional Land with the same force and effect as if the Additional Land was originally included in the property subject to the Declaration, including the provisions relating to the payment of Annual Maintenance Charges and assessments to the Association. The Additional Land shall be developed, improved, sold, used and enjoyed in accordance with and subject to the provisions of the Declaration, as previously or hereafter amended. All provisions of the Declaration shall run with the Additional Land and be binding on all parties who may now or hereafter have or claim any right, title or interest in the Additional Land or any part thereof, and on the heirs, executors,
administrators, successors and assigns of such parties, regardless of the source of or the manner in which any such right, title or interest is or may be acquired.
Capitalized terms used in this Annexation document shall have the same meanings given to them in the Declaration, unless otherwise specifically provided herein.
Notwithstanding any provision in the Declaration to the contrary, the following provisions shall be applicable to the Additional Land:
1. LEASING. The Residential Dwelling on the following Lots in Lakeville, Section Seven (7), may be leased: [NOTE: This paragraph is modified by amendment]
a. Lots 12, 13 and 14, in Block One (1);
b. Lots 17 through 22, inclusive, in Block One (1); c. Lots 25 through 32, inclusive, in Block One (1); d. Lots 35 through 40, inclusive, in Block One (1); e. Lots 43 through 48, inclusive, in Block One {l); and f. Lots 52 through 66, inclusive, in Block One (1). Provided that, the Residential Dwelling on each of such Lots shall be leased only for single family residential purposes, as provided· in Article II, Section 2.1B, of the Declaration. Accordingly, no room in a Residential Dwelling shall be leased to a person who is not a member of the family occupying the Residential Dwelling. Further, no lease of a Residential Dwelling on any of such Lots shall be for a term of less than six (6) months and no Residential Dwelling shall be used for any type of business or corporate lodging. No Residential Dwelling on any Lot in Lakeville, Section Seven (7), other than the Lots set forth above, shall be leased.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, K. Hovnanian of Houston, L.P., as Declarant, caused that certain instrument entitled "Declaration of Covenants, Conditions and Restrictions for Lakeville" (the "Declaration") to be recorded in the Official Public Records of Real Property of Harris County, Texas on April 10, 2003 under Clerk's File No. W57098.3, which Declaration imposes various covenants, conditions, restrictions, liens and charges upon the follo ing real property:
All of Lakeville, Section One (1), a subdivision in Harris' County,
Texas according to the map or plat thereof recorded under Film Code No. 527117 of the Map Records of Harris County, Texas
and,
WHEREAS, the Declaration provides that additional land may be annexed and subjected to the provisions of the Declaration and the jurisdiction of Lakeville Community Association, Inc. (the "Association") by Declarant at any time within ten (10) years of the date of recording the Dec]aration and without the consent of the Members of the Association by filing for record an annexation instrument in the Official Pub1ic Records of Real Property of Harris County, Texas; and
WHEREAS, Declarant previously annexed the following additional land and subjected such land to the provisions of the Declaration, as well as the jurisdiction of the Association, by instrument entitled "Annexation of Lakeville, Section Seven (7)" recorded in the Official Public Records of Real Property of Harris County, Texas on August 12, 2005 under Clerk's File No. Y687458:
All of Lakeville, Section Seven (7), a subdivision in Hanis County, Texas according to the map or plat thereof recorded under Film
Code No. 587014 of the Map Records of Harris County, Texas
and,
WHEREAS, paragraph 1 of the Annexation of Lakeville, Section Seven (7), entitled ''Leasing", designates particular Lots in Lakeville, Section Seven (7), which may be leased and prohibits all other Lots in Lakeville, Section Seven (7), from being leased; and
WHEREAS, Declarant desires to amend the Annexation of Lakeville, Section Seven (7), for the purpose of permitting all Lots in Lakeville, Section Seven (7), to be leased; and
WHEREAS, Section 8.1 of the Declaration provides that, for a period of five (5) years after the date the Declaration is recorded, Declarant shall have the authority to amend the Declaration without the joinder or consent of any other party, so long as an amendment does not adversely affect any substantive rights of the Lot Owners; and
WHEREAS, an amendment of the Annexation of Lakeville, Section Seven (7), for the purpose of deleting the leasing restriction does not adversely affect any substantive rights of the Lot Owners;
NOW, THEREFORE, Declarant hereby amends the Annexation of Lakeville, Section Seven (7), as follows:
1. Paragraph 1 of the Annexation of Lakeville, Section Seven (7), is hereby amended to read as follows:
1. LEASING. The Residential Dwelling on each Lot in Lakeville, Section Seven (7), may be leased but only in its entirety and for single family residential purposes, as provided in Article II, Section 2.lB, of the Declaration. No room in a Residential Dwelling shall be leased to a person who is not a member of the family occupying the Residential Dwelling. Further, no lease of a Residential Dwelling on a Lot in Lakeville, Section Seven (7), shall be for a term less than six (6) months and no Residential Dwelling shall be used for any type of corporate lodging.
All provisions of the Annexation of Lakeville, Section Seven (7), remain in full force and effect except to the extent amended by the provisions of this instrument.
Capitalized terms used herein shall have the same meanings as that ascribed to them in the Declaration.
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