TABLE OF CONTENTS
Section 9.4 Parking and Storage of Vehicles
Section 9.13 Windows, Window Coverings and Shutters
THIS DOCUMENT IS BEING RECORDED DUE TO THE LEGAL DESCRIPTION BEING OMITTED FROM THE ORIGINAL RECORDING.
CORRECTION
FIRST AMENDMENT TO
THE DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS
CHARGES AND LIENS ON AND FOR THE LANTANA ADDITION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
INTRODUCTORY PROVISIONS
WHEREAS, the Declaration of Covenants, Conditions, Restrictions, Easements, Charges and Liens on and for Lantana Addition was executed on the 30th day of October, 2000 by Rayzor Ranch, L.P., a Texas limited partnership (the "Declarant"), filed of record on the 1st day of November, 2000, and recorded in Volume 4708, Page 1080, et seq. of the Real Property Records of Denton County, Texas (the "Lantana Declaration"); and
WHEREAS, the Lantana Declaration affects certain tracts or parcels of real property in Denton County, Texas, more particularly described on Exhibit A attached hereto and incorporated herein by reference for all purposes (collectively, the "Addition"); and
WHEREAS, under Article XIII, Section 13.4 of the Lantana Declaration, during the Development Period, the Declarant has the complete and unfettered right and privilege to amend, change, revise, modify or delete portions of the Lantana Declaration, as each and every Owner, Member and Resident has specifically and affirmatively authorized and empowered the Declarant, by virtue of the provisions set forth in Article XIII, Section 13.1 of the Lantana Declaration, to undertake, complete and consummate any and all such amendments, changes, revisions, modifications or deletions as the Declarant (in its sole and absolute discretion) shall deem reasonable and appropriate; and
WHEREAS, as of the date hereof the Development Period has not expired and, accordingly, the Declarant hereby amends the Lantana Declaration as evidenced by its duly authorized representative's signature hereinbelow.
NOW, THEREFORE, the Lantana Declaration is hereby amended as follows: (a) Section 9.3 Article IX of the Lantana Declaration is hereby deleted and amended to read, in its entirety, as follows:
Each single family residential Dwelling Unit erected on any Residential Lot shall provide garage space for a minimum of two (2) conventional automobiles, unless otherwise specifically approved in writing by the ARC. Each Owner, Member or Resident shall have an affirmative duty and obligation to ensure that the garage space is fully utilized for the parking and storing of vehicles. Once the garage space has been fully utilized for the parking and storage of vehicles, each Owner, Member or Resident shall have an affirmative duty and obligation to park remaining vehicles on the driveway within the Residential Lot of said Owner, Member or Resident. All garage doors shall (a) be equipped with an automatic and remote controlled door opener, and (b) be closed at all times when not in use. Detached garages, servants quarters, storage rooms, and carports may be permitted under limited rigid circumstances if, 'as and when, in the absolute opinion of the ARC, the exterior surface and appearance will substantially compare with a garage and if absolutely no storage of items, which would otherwise be visible, will occur thereunder. Any and all proposed garage or carport plans and specifications must be submitted to and approved in writing by the ARC. Additionally, no garage shall ever be used, changed, altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging of automobiles unless approved in writing by the ARC.
(b) Section 9.4 of Article IX of the Lantana Declaration is hereby deleted and amended to read, in its entirety, as follows:
Section 9.4 Parking and Storage of Vehicles
The limited and sporadic parking of vehicles on any street abutting a Residential Lot by Owners, Members and Residents is discouraged but not absolutely prohibited hereunder. The recurring and habitual parking of vehicles on any street abutting a Residential Lot is prohibited and shall constitute a violation of Section 9.3 and this Section 9.4. For purposes of Section 9.3 and this Section 9.4, a violation of these Sections shall be deemed to have occurred in the event any vehicles (not necessarily the same vehicle) belonging or corresponding to the Owners, Members or Residents of a Residential Lot are found to have been parked on the street between the hours of 1:00 a.m. and 9:00 a.m., on at least four (4) separate occasions within a fifteen (15) day period. The Association, the Board and the Managing Agent are entitled to rely conclusively on reports from Owners, Members and Residents citing the parking of vehicles on the street to document incidents which may serve as the basis of a violation, and in determining if and when a violation of Section 9.3 and Section 9.4 has occurred. The restriction against recurring and habitual parking on the street shall not apply to guests, service providers or business invitees of Owners, Members or Occupants. Performing, permitting or allowing repair or maintenance work to any automobile or other vehicle outside the garage and visible from the abutting street(s) is prohibited. The storage of vehicles of any type in public view, either on the street or in the driveway, is prohibited. By way of illustration, and not limitation, this includes inoperative vehicles of any type and vehicles which are covered by a tarp or any type of covering. On-site parking shall be subject to such other reasonable rules and regulations, including sanctions for the violation thereof, as may from time to time be adopted by the Board. Under no circumstances or conditions shall any automobile or other vehicle be parked on a non paved portion of any Residential Lot.
(b) Section 9.13 of Article IX of the Lantana Declaration is hereby deleted and amended to read, in its entirety, as follows:
Section 9.13 Windows, Window Coverings and Shutters
Windows must be of a clear glass or a tinted glass of bronze, gray, green or smoke color. The use of reflective glass or reflective tinting is prohibited. From and after fifteen (15) days from the date title to a Residential Lot upon which a Dwelling Unit has been constructed is transferred to a new Owner, no window in any Dwelling Unit may be covered with bed sheets, any type of paper, poster board, aluminum foil or other reflective material. To ensure the continuity of the view corridors, all window coverings facing public open-space, streets, amenities or the golf course shall be white, light beige or natural wood tones. White curtain lining is acceptable. All other window coverings or treatments (those not facing public open-space, streets, amenities or the golf course) shall be compatible in design and color with the overall appearance of the Dwelling Unit and the overall appearance of the Subdivision. The ARC shall have the sole authority to determine whether particular window treatments or coverings are compatible with the design and color of the Dwelling Unit and the overall appearance of the Subdivision. The use of colored solar panels is allowed but requires prior written approval from the ARC. Shutters require prior ARC approval and must comply with the Residential Design Guidelines.
The terms and provisions of the Lantana Declaration, except as modified herein, are hereby declared to be in full force and effect with respect to the Addition. The Property shall continue to be held, occupied, sold and conveyed subject to the terms and conditions of the Lantana Declaration and this First Amendment to the Lantana Declaration, which shall run with title to the Addition and are binding on all parties having any right, title or interest in and to the Addition or any part thereof, including their heirs, representatives, successors, transferees and assigns, and shall inure to the benefit of each Owner thereof.
IN WITNESS WHEREOF, the Declarant has caused this First Amendment to the Lantana Declaration to be executed by its duly authorized representative as of this 30 day of March 2004.
DECLARANT:
RAYZOR RANCH, L.P., a Texas limited partnership
By: Rayzor GP, Inc., a Texas corporation,
its General Partner
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 30 day of March, 2004, by President of Rayzor GP, Inc, as General Partner for Rayzor Ranch, L.P., on behalf of said limited partnership.
Valerie G. Nichols
Notary Public, State of Texas Notary Public, State of Texas
No. 12405144-4
Comm. Expires November 26, 2005
[Recording Data for the Subdivision]
Lantana Community Association, Inc.
Filed in Denton County, Texas on November 6, 2003
Document No. 2003-00181468
Cabinet S, Pages 343-345
Filed in Denton County, Texas on December 15, 2000
Document No. 2000-R0119155
Cabinet S, Page 352-354
Filed in Denton County,
Texas on August 16, 2001
Document No. 2001-R0085165
Cabinet T, Page 390-391
Filed in Denton County,
Texas on November 13, 2002
Document No. 2002-00145299
Cabinet U, Pages 721-723
Filed in Denton County, Texas on August 1, 2003
Document No. 2003-00123910
Cabinet V, Pages 161-163
Filed in Denton County, Texas on October 30, 2001
Document No. 2001-RO115551
Cabinet U, Page 87-91
Filed in Denton County, Texas on December 15, 2000
Document No. 2000-RO119157
Cabinet S, Page 347-351
Filed in Denton County, Texas on April 19, 2001
Document No. 2001-R0034990
Cabinet T, Page 192-196
Filed in Denton County, Texas on December 22, 2000
Document No. 2000-RO121200
Cabinet S, Page 370-374
Filed in Denton County, Texas on December 5, 2001
Document No. 2001-RO130373
Cabinet U, Page 142-145
Filed in Denton County, Texas on August 16, 2001
Document No. 2001-R0085032
Cabinet T, Page 388-389
Filed in Denton County, Texas on December 22, 2000
Document No. 2000-RO121287
Cabinet S, Page 375-378
Filed in Denton County, Texas on July 19, 2001
Document No. 2001-R0072589
Cabinet T, Page 339-342
Filed in Denton County, Texas on October 30, 2001
Document No. 2001-R0115548
Cabinet U, Page 92
Filed in Denton County, Texas on October 30, 2001
Document No. 2001-R0115550 Cabinet U,
Page 94-96
Filed in Denton County, Texas on August 1, 2003
Document No. 2003-00123909
Cabinet V, Pages 155-160
Filed in Denton County, Texas on December 18, 2003
Document No. 2003-00203767
Cabinet V, Pages 423-425
Filed in Denton County, Texas on December 5, 2001
Document No. 2001-RO130359
Laviana Addition -Phase 1
Filed in Denton County, Texas on December 21, 2001
Document No. 2001-RO138415
Cabinet U, Page 178-181
Filed in Denton County, Texas on October 20, 2001
Document No. 2001-RO115557
Cabinet U, Page 97-98
Filed in Denton County, Texas on October 17, 2003
Document No. 2003-RO172711
Cabinet V, Pages 313-315
Filed in Denton County, Texas on August 25, 2003
Document No. 2003-RO140212
Cabinet V, Pages 195-196
Filed in Denton County, Texas on November 6, 2002
Document No. 2002-R014894
Cabinet U, Pages 703-706
Filed in Denton County, Texas on February 6, 2002
Document No. R2003-R0015900
Cabinet U, Pages 242-244
AFTER RECORDING, RETURN TO:
Judd A. Austin, Jr.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue, Suite 2700
Dallas, Texas 75201
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2004-48311
As
Recorded On: April 16, 2004 Amendment
Parties: RAYZOR RANCH Billable Pages: 6
To Number of Pages: 6
Comment:
** Examined and Charged as Follows: **
Amendment 24.00
Total Recording: 24.00
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which
restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To: Document Number: 2004-48311
Receipt Number: 102616 HENRY ODDO AUSTIN & FLETCHER
Recorded Date/Time: April 16, 2004 10:02A 1700 PACIFIC AVE
STE 2700
User / Station: L Holden - Cash Station 3 DALLAS TX 75201
THE STATE OF TEXAS) }
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number sequence on the data/time printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
County Clerk
Denton County, Texas