ELECTRONICALLY RECORDED
TRV
2015071667
PGS
20
SIXTH AMENDMENT
TO
AMENDED AND RESTATED
CONDOMINIUM DECLARATION
FOR
SUNSET RIDGE, A CONDOMINIUM
STATE OF TEXAS
§
§
§
COUNTY OF TRAVIS
RECITALS
WHEREAS, Sunset Ridge, a Condominium, located in Travis County, Texas (the
"Condominium Regime") was established pursuant to that certain "Declaration of Sunset Ridge,
a Condominium" recorded under Document No. 2004090033 in the Official Public Records of
Travis County, Texas, as amended by that certain "First Amendment to Declaration of Sunset
Ridge, a Condominium" recorded under Document No. 2006002400 in the Official Public
Records of Travis County, Texas (collectively the "Original Declaration");
WHEREAS, the Original Declaration was superseded, amended and restated in its
entirety by that certain "Amended and Restated Condominium Declaration for Sunset Ridge, a
Condominium" recorded under Document No. 2012127412 in the Official Public Records of
Travis County, Texas (the "Declaration");
WHEREAS, RH of Texas Limited Partnership, a Maryland limited partnership
("Declarant") acquired its rights as Declarant under the Declaration pursuant to that certain
"Assignment of Declarant Rights for Sunset Ridge, a Condominium" recorded under Document
No. 2013012482 in the Official Public Records ofTravis County, Texas;
WHEREAS, pursuant to Section 4.1 of the Declaration and Section A.2.1 of Appendix
"A" to the Declaration, during the Development Period, Declarant may create a maximum total
of one hundred (1 00) Units within the Property;
WHEREAS, pursuant to Section 4.5 of the Declaration and Sections A.2.4 and A.3(ii) of
Appendix "A" to the Declaration, during the Declarant Rights Period, Declarant may create and
allocate Limited Common Elements within the Property;
WHEREAS, pursuant to Sections 4.1 and 16.4 ofthe Declaration and Sections A.2.1 and
A.2.6(iii) of Appendix "A" to the Declaration, during the Declarant Rights Period, Declarant
may unilaterally amend the Declaration to create additional Units, General Common Elements
and Limited Common Elements within the Property, in exercise of statutory Development
Rights;
SIXTH AMENDMENT
1
WHEREAS, pursuant to Section A.2.6(v) of Appendix "A" to the Declaration, during the
Declarant Rights Period, Declarant may unilaterally amend the Declaration to correct
misstatements, errors, or omissions in the Documents;
WHEREAS, pursuant to Section 9.3 of the Declaration and Sections A.3(i) and A.4(vi) of
Appendix "A" to the Declaration, during the Declarant Rights Period, Declarant may construct
and maintain within the Common Elements any Improvements that Declarant determines to be
necessary or advisable in connection with the construction, completion, management,
maintenance and marketing of the Property;
WHEREAS, the Development Period and Declarant Rights Period are both in effect;
WHEREAS, by instrument entitled "First Amendment to Amended and Restated
Condominium Declaration for Sunset Ridge" recorded under Document No. 2014131794 in the
Official Public Records of Travis County, Texas (the "First Amendment"), Declarant created
additional Units, General Common Elements and Limited Common Elements within the
Condominium Regime;
WHEREAS, by instrument entitled "Second Amendment to Amended and Restated
Condominium Declaration for Sunset Ridge" recorded under Document No. 2014181124 in the
Official Public Records of Travis County, Texas (the "Second Amendment"), Declarant created
additional Units, General Common Elements and Limited Common Elements within the
Condominium Regime;
WHEREAS, by instrument entitled "Third Amendment to Amended and Restated
Condominium Declaration for Sunset Ridge" recorded under Document No. 2014188247 in the
Official Public Records of Travis County, Texas (the "Third Amendment"), Declarant created
additional Units, General Common Elements and Limited Common Elements within the
Condominium Regime;
WHEREAS, by instrument entitled "Fourth Amendment to Amended and Restated
Condominium Declaration for Sunset Ridge" recorded under Document No. 2015017948 in the
Official Public Records of Travis County, Texas (the "Fourth Amendment"), Declarant created
additional Units, General Common Elements and Limited Common Elements within the
Condominium Regime;
WHEREAS, by instrument entitled "Fifth Amendment to Amended and Restated
Condominium Declaration for Sunset Ridge" recorded under Document No. 2015064138 in the
Official Public Records of Travis County, Texas (the "Fifth Amendment"), Declarant created
additional Units, General Common Elements and Limited Common Elements within the
Condominium Regime;
WHEREAS, in exercise of its rights under the Declaration, Declarant desires to create
and allocate certain Common Elements as Limited Common Elements within the Property and to
further amend the Declaration as provided herein;
SIXTH AMENDMENT
2
WHEREAS, in exercise of its rights under the Declaration, Declarant desires to further
amend the Declaration to correct certain typographical errors with respect to the relative location
of Units contained in the Plat and Plans showing the Units, General Common Elements and
Limited Common Elements created by the Third Amendment and the Fourth Amendment; and
WHEREAS, in exercise of its rights under the Declaration, Declarant has constructed
certain Improvements within the General Common Elements, and desires to further amend the
Declaration to reference such Improvements as described herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS, THAT
Declarant hereby amends the Declaration as follows:
1.
Declarant hereby deletes Attachment 2 to the Third Amendment m Its entirety
and replaces Attachment 2 to the Third Amendment with Attachment 2-A attached hereto and
made a part hereof. Attachment 2 to the Third Amendment contained typographical errors
regarding the relative location of the Units, General Common Elements and Limited Common
Elements with respect to Building 22. Attachment 2-A correctly shows the relative location of
the Units, General Common Elements and Limited Common Elements with respect to Building
22. Declarant hereby amends the Plat and Plans contained within Attachment 2 to the
Declaration to include the Plat and Plans contained in Attachment 2-A attached hereto.
2.
Declarant hereby deletes Attachment 2 to the Fourth Amendment in its entirety
and replaces Attachment 2 to the Fourth Amendment with the following:
(b)
Attachment 2-B attached hereto and made a part hereof. Attachment 2 to
the Fourth Amendment contained typographical errors regarding the relative location of the
Units, General Common Elements and Limited Common Elements with respect to Building 30.
Attachment 2-B correctly shows the relative location of the Units, General Common Elements
and Limited Common Elements with respect to Building 30. Declarant hereby amends the Plat
and Plans contained within Attachment 2 to the Declaration to include the Plat and Plans
contained in Attachment 2-B attached hereto.
(b)
Attachment 2-C attached hereto and made a part hereof. Attachment 2 to
the Fourth Amendment contained typographical errors regarding the relative location of the
Units, General Common Elements and Limited Common Elements with respect to Building I.
Attachment 2-C correctly shows the relative location of the Units, General Common Elements
and Limited Common Elements with respect to Building 1. Further, Declarant hereby creates
and allocates to Unit 101 the Limited Common Elements shown on the Plat attached hereto as
Attachment 2-C, consisting of the wood deck and two sets of steps with handrails attached
thereto, and the area located immediately to the east ofthe wood deck, between the wrought iron
gate and the wood deck (collectively the "Additional LCE"). Each Unit Owner is hereby granted
an easement for access and entry over, across, under and through the Additional LCE, for the
limited purpose of emergency exit from the Property. The Plat attached hereto as Attachment 2C also shows two wrought iron guardrails and gates constructed by Declarant within the General
Common Elements. Declarant hereby amends the Plat and Plans contained within Attachment 2
to the Declaration to include the Plat and Plans contained in Attachment 2-C attached hereto.
SIXTH AMENDMENT
3
3.
All capitalized terms shown herein shall have their meaning as expressed under
the Declaration unless otherwise indicated herein.
4.
Except as expressly modified hereby, the covenants, restrictions, agreements,
easements, terms and provisions of the Declaration shall continue in full force and effect.
[signature page follows]
SIXTH AMENDMENT
4
EXECUTED this the )(·
day ofMay, 2015.
DECLARANT:
RH OF TEXAS LIMITED PARTNERSHIP,
a Maryland limited partnership
By:
RYLAND HOMES OF TEXAS, INC.,
a Texas corporation, General Partner
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Title: t/.u;;.~q;~<r tr";.v..&: ;:J~J:I;F<$ar7-·
THE STATE OF TEXAS
COUNTY OF
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§
§
§
\\e t),"Thi.~_instrumen~
;vas ackno,wledg. ed before .;11e ory,this <'6th
day of May, 2015, by
~~ree rtv:~ , as f$.s\£?.
o:.e t}e"sr.kft tof Ryland Homes of Texas,
f\
v1t \ 1.
Inc., a Texas corporation, General Partner of RH of Texas Limited Partnership, a Maryland
limited partnership, on behalf of said entities.
AFTER RECORDING, PLEASE RETURN TO:
MCLEAN & HOWARD, LLP
BARTON OAKS PLAZA, BUILDING II
901 S. MOPACEXPRESSWAY, SUITE 225
AUSTIN, TX 78746
SIXTH AMENDMENT
5
ATTACHMENT 2-A
CONDOMINIUM PLAT AND PLANS FOR BUILDING 22
- fll!ltolriC UNE
- S!OEWALK EASfl.!Em
- PUI:l!.JC \llllllY EASEMOO
- 'IIASTEWATER ~T
SHEET ONE
SIXTH AMENDMENT
6
SHEET TWO
SIXTH AMENDMENT
7
SHEET THREE
SIXTH AMENDMENT
8
ALL PATIOS SHOWN
HEREON ARE LCE
ALLOCATED TO THE
UNIT OJRECTLY
ADJOINING THE PAllO
AREA
SHEET FOUR
SIXTH AMENDMENT
9
t2{tll/14
SHEET FIVE
SiXTH AMENDMENT
10
ATTACHMENT 2-B
CONDOMINIUM PLAT AND PLANS FOR BUILDING 30
J
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1WJN CREEKS YJS1'AS, LP
CAL!...Eo RtMAJNDER OF 1HUO ACRf:S
!OOC. NO. Z003! 16S41, T.C.O.P.RJ
SHEET ONE
SIXTH AMENDMENT
11
SHEET TWO
SIXTH AMENDMENT
12
SHEET THREE
SIXTH AMENDMENT
13
All PATIOS SHOWN
HEREON ARE lC£
AllOCATED TO THE
UNiT DfRECTlY
ADJOtNING THE PATIO
AREA
SHEET FOUR
SIXTH AMENDMENT
14
SHEET FIVE
SIXTH AMENDMENT
15
ATTACHMENT 2-C
CONDOMINIUM PLAT AND PLANS FOR BUILDING 1
..----
·+·
----~,,.,..,.
SHEET ONE
SIXTH AMENDMENT
16
SHEET TWO
SIXTH AMENDME!'H
17
SHEET THREE
SiXTH AMENDMENT
18
ALL PATJOS AND
WOOO DECKS SHOWN
HEREON ARE LCE
ALLOCATED TO THE
UNIT OfRECTLY
ADJOINfNG THE PATIO
OR WOOD DECK
AREA, AS
APPLICABLE.
SHEET FOUR
SIXTH AMENDMENT
19
SHEET FIVE
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
SiXTH AMENDMENT
20
DANA DEBEAUVOIR, COUNTY CLERK
TRAVIS COUNTY, TEXAS
May 08 2015 03:00 PM
FEE:$
102.00 2015071667