Amendments to Restatement of Covenants
Transcription
Amendments to Restatement of Covenants
1 • 8t. Tammany Clerk of Court - Inst#1616270 Page 1 of 3 FIRST AMENDMENTAlW MODIFICA1l0N TO RESTATEMENT AND CONSOLlDA1l0N 01' SEIlvrruDlS, EASElfiNTS AND RE8TIlICTIVE COVENANTS 01' ESTATES OF NORTIlPARJ( SUBDIVISION UNl'JU) STATES OF AMI:JUCA PAIUSB 01' ST. TAMMANY PARlSBOI'ST. TAMMi'tv Tamman'J Par ish 20 lnstrmnt I: 1616270 BY: Ra9istr!J #: 1718771 SHM ESTATESOFNOllrrBPARK HOMWWNERSA~nON,INC. 4/19/2007 ~ BI: IT KNOWN,tlultOIl this -t!-~day of April. in theycarofOur MB 3:48:00 PM CB X HI UCC Lord two thousand seven; ESTATES OF NORTHPARK HOMEOWNERS .A8SOCIAll0N, INe., (" AIIGdadoa"), a dlamestic c:orpora1iOll with ita principal place ofbusiDess located in the Pariah of St 'TIDJIDIDy, State of Louisiana, hc:ccin rqm:scotcd by ita duly elected Board of'I)indOrl DI act:iD&in acc:onIancewith the IIltbority set forth in tile reaolution attaclacd hereto, did doclarc DI state that, pumumt to Article X. Section 1. Duratiog - J'm9ndmmt. of the Rc:gtl!tement IIDd CoIIIoti~lation of Servitudes, Easemems and R.esIrictive Covenants and Amcndmelllta('"R.c:strictive Covenants'') for Estates ofN~ Subdiviaion, recorded 'with the St. Tammany Pariah Clerk of Court on May J, 2006 as 1549888, the Auoc:Wioo does hereby amend the Restrielive Covcoants in 1he following particubn. L The Association hereby amends Article: X, Sec:tioo 1. I>uJ:JWon Amendmc:nt to provide IS follows: ~ 1, DuntioJI - A!!!SWdmsmt The: pcrmaDCDt servitudes and rcal rights and iDta'esbIaeatedhen:iD,indudingthese:rvitudes,privilepaudrestrictiOIlIofthoact of clediaati.oo and restrictiOll8 herein sb:.u. subject to the proviaiODl han:in, nm in perpebIity with the IBnd, and sbaIl be biiDdins upoo the 0WDcra heRo!, their beira, suceeaaon IIDd UIi!J1lI and IIbaIl inure to the bc:Defit of IIDd be c:nhceIIble by the Associatioo, or by the OWner of any Lot subject to 1bis act of dedication and I'C8U'ic:tioDI, their tqll'CSClltative,lepl rc:presentative. heir. RkX:C8IOI' and 8IIIign, for a period of twenty (10) years from the dllte of rcc:ordatiOll oftbia act, after which time the said servitudea,privilcgca and rc:striictiOlll contained hc:rc:in sbaU IUIOIDatiI:8lly ex1lmd for SUCCCIIli'l'eten (10) year periods each, UD1esaan instrume:Dt ai.ped by the then Owocn of a Dlajority of the Lola bas been recorded IIp'CCing to dump: Aid servitudes, ~a IIDdrestric::tioas in whole orin part, except IS aUowcd in Article N herein. The U:rms and provisiooa ofllhia act of dedication and J'CIItric:tions.OC' any of the savitudes, privileges « restrictions herein contained, may be modified in whole or in part, terminaIed or waived, Ilrior to or subsequent to the expiratioo. of tho twenty (20) year period afoI'eaaid, by ac1iofmodificaDoo, amenrtment «terminatioo sigDCd by the B081d ofDirec:tors only upon approval of a majority of a quorum of members prac:ot at amcetina duly uoticcd fOC' said puIJIOIe. The notice for any such medina Ihall include a deseripdon oftbe propoeed ammcfmonI(S), Notwitbstanding the forqoing, DO alDendment may be COOIidCIredor voted upon by the members at a meeting unlesa the proposed amenmnent has been (1) presented to the Board of Dircc:tora at least fi"e (S) da)'I prior to lhe mailing of the notice of the meeting. and (2) the proposed IDlCIDdment bas been signed by at leut fifty (SO) members before or upon preseatation to the Board of DiRctors. The authority of the Developer to cxec:utc all previOUlI Amr:ndrnmrts as WlcU as the pre&cIIl !llMldrnc:rJt to tile Original Restrictive COVClllll1tspursu8Dt to die authority grBIItcd in the prior vcmioo of Artic:le -----------------_._-------_._----.,.----------- ,'- st. Tammany Clerk of Court - Inst#1616270 Page 2 of 3 X, Section 1 is bereb~r CODfinDcd IUd ratified, IS 1hc SlIbject IIIleIldmalt ametldmeot to be ClXO:uted by the DevcIopcr. is tbe last In all otbc:r rcspccts (lxccpt IS amcudcd) the Rcstatcmcat IUd Coasolidltion ofScrvitudcs. Euemerlts IDd Restrictive Coveaaata aod AmeMmr:ms fOl' EItates of Nor1hput; SubdiviAion, rccordod with the: St. TIJIUDaIl)' Pariah Clerk of Court on May I, 2006 as 1549888 sbal1 remain the same. THUi OONE AND PASSED, in Covington. Louisiana. on the day, month and )'air herein first above wriUeD after readjDIJ of the whole. ESTATES Of NORTBPAlItK HOMEOWNERS ASSOCIATION, INC. -2- -_ ..----.-.-.------------------------------------i---------. 8t. Tammany Clerk of Court - Inst#1616270 Page 3 of 3 UNAmMOU8~Lu.nONOF THE BOARD OF DIRECTORS OF ESTATES OF Nc:)RTBPARK BOMWWNERSA88OClAnON, Be it blown that on tlile Icf- ""&y of April, INC. 2007. tile UDdenigDed, CClDIItitutiDg.n of the membcrI of the members of the Board of Directors for Estates of NorthpIrt Hooleowuers Association, Inc. I"AssociatiC)nj, do hereby resolve as (oUows: I. On DccerDber 14, 2006, a quonun of memberJ of the Asaociation coovCDCd for the ammal m.ec:tiD&.af\r:r clue aud proper notice of said mcct:ing was provided to all mcmbcra in MlOOIdauce with the Ely-Laws oftbc AsIocWiOD. 2. In aa:onIance with thc:requin:meota of Article X. ScctiOD I, Duration A!!!r!!!Imrpt of tile ReatatemcI1t and COIlilOlidation of Suvitudes, Easemmta BDCl Restrictive CovCD8Dtl and j\mendgacn1a ('"R.cstri.ctive CoveDllDlaj fix' Estates ofNorthpmt: Subdivision, a Dlajority of the quorum of mcmbcn JlRICIlt It the mootiDs appnwed tile MJICIICfmcat to the R.catrictivc Cova:IaDt let b1h i:D the FIrSt AJDCPIbnent to the Rc:atMnnmt and COIIIOIidatioo of Servitudes, FaMmentI and Restrictive CoveDaDts au.dlecl hereto. 3. In ~ with uUd authority and IIPIJn'Val. the Board of Director& hereby authorizes cedlandevcrymembc:roftbcBollrdofDircctontocxocutconbchalfoftbcAssociationthc the Fimt AmendmeDt to the Ileatemart and CCIIIIOIidation ofServitudel, Easemeata and Restrictive CovClWltis attIIchccl hc:n:to. WA(Jud/~ ~f1up! ~~Jd-(£~~ -3- --------_ . .... _ .. _- .... _-----_._-- · Page 1 of 4 8t. Tammany Clerk of Court - Inst#1664372 ESTATES OF NORTH PARK HOMEOWNERS ASSOCIATION, INC. Resolution of the Board 01 Db"edon Act of M.~dinQdon, 1!1 AlDCDdment or TerminatioD ~ BE IT KNOWN that on the day of ~ 200~ • duly noticed and conducted meetina of tile membership ofdlC Estates ofN park. Honieewners Association, Inc. and ofthc Board of Directors of the Estates ofNorthpark Homeowners Association, Inc., the following resolution was moved, seconded. and unanimously adopted: WHEREAS the Restatement and Consolidation of Servitudes, Easements, and Restrictive Covenants and Amendment of the Estates ofNorthpark Homeowners Association, Inc. ("R.estatementj provides in Article X that Restatement may be modified or amended. WHEREAS all procedural and substantive requirements for such modification and amendment having been complied with, including all notification and voting requirements. WHEREAS this Act of Modification, Amendment or Termination having been approved by a ~ority vote of the members of the Estates of North park Homeowners Association Inc. at said meeting. BE IT RESOLVED as follows: 1. That Article lX, Section I, Article IX, Section J, and Article IX, Section EE of the Restatement and Consolidation of Servitudes, Easements, and Restrictive Covenants and Amendment of the Estates ofNclrthpark HOIllCClIWDen Association, Inc. are amended and modified by adopting the changes set forth in the paragraphs entitled Proposed Covenant in the three page _ •••110 this Resolution. _ R st. Tallany Parish 1865 lnstrlnt I: 1664372 Re9istrY I: 1801536 leV 01/18/2008 2:12:00 PM te CB X HI ute Page 2 of 4 St. Tammany Clerk of Court - Inst#1664372 Article IX, ReltrictiOWI (or VH of Property CSectioa I) Exidiac Cov.aat: I) Except for those trees that must of necessity be removed in order to clear any Lot or portion of a Lot for purposes of the corultruction of improvements thereon, DO sound trees measwiDg in excess of six (6) inches in diameter two (2) feet above the ground shall be removed from any Lot without written approval of the Association acting through its 80BJd of Directors or duly appointed commhtee. The Board of Directors of the Association may from time to time adopt and promulgate such additional rules and Regulations regarding the preservation of trees and otb~r natural resources and wildlife upon The Property as it may cODlnderappropriate. Should the Board the Directors grant permission to the Owner for the removal of a healthy tree(s)t ~e owner shall be required to replace such removed tree(s) with a new tree of the Owner's choice and at the Owner's choice of location on the 10L Trees suspected of bellII diseasedl must be verifted by • boaa tide .rbom., prior to their felllOvaL Dead or diseased/damaged trees on any lot, which might create a hazard to property or person. shall be promptly removed by the Owner. Grass and weeds shall be kept mowed to prevent unsightly appearance. The expense of retaining a third party to cut weeds or grass or remove dead and hazardous trees incurred by the Board of Directors and necessitated by inaction on the lot Owner's part, will be tbe responsibility and obligation oCthe Lot Owner (as weill as any cost of ccllection), and a lien shall be placed on the Lot if the Owner fails to pay the expense, Qtym.pt; <ChaR.,. Ia Bold) I) Except for those trees that must of necessity be removed in order to clear any Lot or portion of a Lot for purposes of the construction of improvements thereon, no sound trees Propo!!d measuring in excess of eilbt (8) inches in diameter two (2) feet above the ground shall be removed from any Lot withoult written approval of the Association acting through its Board of Directors or duly appointed committee. The Board of Directors of the Association may from time to time adopt and prolDulgate such udditional rules and Regulations regarding the preservation of bees and other natural resources and wildlife upon The Property as it may consider appropriate. Should the Board the lDirectors grant permission to the Owner for the removal of a healthy tree(s), the owner shall be required to replace such removed tree(s) with a new tree of the Owner's choice and at the Owner's choice of location on the lot. Dead or diseaHdldamapd trees on a.y lot, or aDYIliveJlivlal tree "bleb .ipt create a bazard to property or penoa, or ereate aD cmiment daDler to bouse, driveway or neJclabor •• be promptly removed by the Owner. Grass and weeds shall be kept mowed to prevent unsighdy appearance. The expense of retainiu18a third party to cut weeds or grass or remove dead and hazardous trees incurred by the Board of Directors and necessitated by inaction on the lot Owner's part, will be the responsibilit), and obligation of the Lot Owner (as well as any cost of collection). and a lien shall be placed on the Lot if the Owner fails to pay the expense. an --~ --- .• -.--.. .. ..- .. " .. St. Tammany Clerk of Court - Inst#1664372 Artiel. IX, JllestrictioDl Page 3 of 4 lor Use of Preperty (Secdtp J) EmU. COY_Dt; 1) Antennas. No television antenna, satellite dish, radio receiver, or other similar device shall be attached to or installed on any portion of the SabdiYlsioD aalea CODtaiDed entirely witlda the baterior 4ltf I buDdlal or otber structure. S"'. satellite dillies Ire permitted Oil tII•• stertor of1a dweIUIIl but only wbea approved by tile ArciaMetunl Review Com.lttee. No radio or television signals or any other fonn of eledromagnetic radiation shall be permitted tal originate from any Lot or Dwelling which may unreasonably interfere with the reception of television or radio signals within the Subdivision; provided, however, that the Developer and the Association shall not be prohibited from installing equipment necessary for master antenna, security, cable television. mobile radio, or other similat systems within the Subdivision, and should cable television services be unavailable and adequate television reception not be otherwise available. then an Owner may make written application to the Architectural Review Committee for permission to install a television antenna to be located on the exterior of the Dwelling. Proposed Con.ot: (ChaDmin Bold) J) Antennas. No televlllioD anteDna, ndlo receiver, or other _liar device sball be attadled to or insUlied on auy portio. of the Subdivision uaJess approved by the Arebitectural Centnl Comnaittee. Small.ateWte dlsbes are permitted •• ltae estertor of a clweWac- Exterior sateUit,e dish placement ma.t be take. bato coDSlderatioa SD as to eonceal tile .atellite dish to die best of'tb' Itomeowaer'. ability. No radio or television signals or any other Conn of eleectromagnetic radiation shall be pennitted to orisinate from any Lot 011' Dwelling which may W1J'C8SOnably interfere with the reception of television or radio signals within the Subdivision; provided. however. that the Developer and the Association shall not be prohibited from installing equipment necessary for master antenna, scauity, cable television, mobile: radio. or other similar systems within the Subdivision, and should cable television services be unavailable and adequate television reception not be otherwise available, then an Owner may make wrinen application to the Architectural Review Committee for pennission to iinstall a television anteMa to be located on the exterior of the Dwelling. St. Tammany Clerk of Court - Inst#1664372 Article IX. RestrietiopJ for Ute of Property <SectiM U1001 E!iItIu Comyn iii) Lot Owners adjoining Parcel A, spc:c:ificallythe owners of Lots 67 through 77, inch.asive.and Lots 81 through '!13. inclusive, shall have the right of use of the portion of Parcel A extendi •• from the Lot Owncr':s rear Lot line to the centerline of Parcel A (as shown on the Plat) and further bounded by the ~xtcmsionof each side Lot line to the <:cntcrline of Pan:cl A (as shown on the Plat) (",Parcel A Yard Extension"), Except IS set forth below, an individual Lot Owner with Parcel A Yard Extension use rijgi1tsshall be liable in all respects and responsible for all mailrltenancc, landscaping. pruning, dead or diseased tree removal, terrain repairs, maintenance and other general upkeep for hislhcr lndlvidual Parcel A Yard Extension B~, except that the HOl1rJcownersAssociation shall maintain the drainage ways and drainage servitudes set forth on the lNbdivision plan. The Developer is aWIlI1!: that the centerline of Parcel A (al~shown on the Plat) may not constitute the exact center of Parcel At but is designated IS the centerline for the pwposes of this right of use and obligation of maintenance; PropoHdCoyeyt; (Chap,n in Bold) Iii) Lot Owners adjoining Parcel A, specifically the owners of Lots 67 through 77, inclusive, and Lots 81 through 93. inclusive, snail have the ri&htof use of tile portion of Parcel A extending from the Lot Owners rear Lot line tellthe centerline of Parcel A (as shown on the Plat) and further bounded by the extension of'each side Lot line to the centerline ofParc:e1 A (as shown on the Plat) ("Parcel A Yard Extension"). Since the "Parc:el A Vard Est_loa" is owaed by the Homeowuen Association, it shall be the HlgDaeewnen AlMcUltion'. respolllibUlty to be liable in all respects and responsible for all maintenance. landscaping, pruning. dead or diseased tree removal, terrain repairs, mllintenance and ocher general upkeep for dae AIIociaUoa'. Parcel A Yard Extension area. Also, rbe Homeowners Association shall maintain the drainase ways and drainage servitudes set fonh on the subdivision, plan. The Developer is aware that the centerline of Parcel A (as sf10wn on the Plat) may not COnsti1tutethe exact center ofParccl A. but is designated as the centerline for the purposes of this right or use and obligation of maintenance; Page 4 of 4