Amended fee resolution and updated fence guidelines

Liz Q. Gonzaiez County Clerk San Marcos, Texas 78666 70201313018952 InstrumentNumber:2013-13018952 As Recorded On: June 07,2013 OPR RECORDINGS Parties: ELLIOTT RANCH Billabie Pages: 4 To Number of Pages: 3 Comnent: (PartiesfistedaboveareforClerksfeferenceonly) +** Examined and Charged as Follows: ** OPRRECORDINGS 28.00 Totat Recording: 28.00 *********** DO NOT REMOVE. 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 invaid and unenforceable under federallaw. File information: Record and Return To: DocumentNumber:2013-13018952 Receipt Nurnber: 338996 JEFFREYUSAKEWICZ Recorded Date/rime: June 07,2013 02:44:51p ORIGINALTO CUSTOMER B00k-Vol/Pg:BK-OPR VL-4658 PG-831 SAN MARCOS TX 78666 User 1 Station: A Herzog - Cashiering #3 State ofTexas County or Hays I tnencty cenify thut this insirumem ws lilet foar rceurd in ny hicc tn tinc uatet unf tidanpdhcnonandwasnuoetoneolmwudpugeofthtarcrds ofHaysCountv,Texas LizQGonzalez,Conny CLenk

13018952 ANCH AMmENDEDFEE RESDUTiON AND UPDATED GUIDELINES JUNE 7, 2013,FRIDAY TNCLUSIONS AMMENDEd IMPEONEMENT APUCATON FEE RtSOLUTiON AMMENPED FENCE GUIDELINES

658 228 ELLIOTT RANCH Addendum to the Improvement Application Fee Resolution Whereas Article 4, subsection (b) of the Amended and Restated Declarations of Covenants and Restrictions (DCR's) for Elliott Ranch states that "no improvement shall be constructed on any tot within Elliott Ranch without the approval of the Architectural Control Committee (AcC) as to the quality of workmanship and materials, harmony of external design with the existing improvements, and as to the location with respect to topography and finished grade elevations; " Whereas in its efforts to carry out its duties to ensure that improvements meet the standards set forth in Article 4, subsection(b), the Acc has instituted a post- completion inspection and compliance procedure; and Whereas the efficacy of that procedure will be enhanced by the implementation of an application fee for improvements; and Whereas Article 4, subsection(b) grants the Acc the power to “require the payment by each applicant of a fee in the amount as established from time to time by the Committee to aid in its review, approval and tracking of improvement; The ACc hereby arnends the Improvement Application Fee Schedule effective June 2013. These fees are intended to assist the ACC and the Elliott Ranch HOA Board of Directors to ensure that any fence complies with Elliott Ranch DcR's, that it has been built according to AcC approved as built" pians, to ensure all fences comply with the current Fence Guidelines; to ensure that the application fee is fair and balanced; regarding the latter, the application fee is a progressive fee dependent on the totat linear feet of fence; The amended Improvement Application Fee is intended to supplement the Improvement Application Fee (January2012) and does not supersede, restrict or replace or conflict with any provisions or fees currently scheduled. Addendum to the Fee Schedule: For wood or metal fences that are 200 linear feet or less the fee is $250 For wood or metal fences that are between 201 and 500 linear feet the fee is $400 For wood or metal fences that exceed 501 linear feet or more the fee is $500. All fees will be returned following a favorable compliance inspection to ensure that the fence was constructed in accordance with AcC approved plans; and that the maintenance program (staining/preservative) has been done. June 2013

Bk Vol 4658 130189520FF Amendment to Elliott Ranch Fence Guidelines Whereas Article 4, subsection (b) of the Arnended and Restated Declarations of Covenants and Restrictions (DCR's) for Elliott Ranch states that "no improvement shall be constructed on any lot within Elliott Ranch without the approval ofthe Architectural Control Committee (AcC)as to quality of workmanship and materials, Harmony of external design with existing improvements, and as to the location with respect to topography and finished grade elevations"; Whereas fences can have a significant impact on the appearance of our community, have the propensity to affect the value of not only the lot on which they are erected but also affect the value of adjacent lots, and have been a source of difficulties in our community; Whereas the effect referenced in the above paragraph is highly influenced by the size and location of thefence; Whereas the DcR's are not uniforn with regard to fence location; specifically, the DCR's allow fences to extend beyond the rear corner of the house for lots in phases 1--3 lots, while fences lacated on phase 4 lots cannot extend beyond the rear corner of the house; Whereas the AcC wishes to provide further guidance for the construction of fences in Elliott Ranch in order to promote uniformity and harmony within the community while providing fairness in the process; Whereas this amended guidance does not supersede, replace or restrict or conflict with any covenant or conditions in the DCR's or the current Fence Guidelines. The Acc hereby wishes to amend the current Fence Guidelines that were published in January 2012. These amended guide lines are intended to supplement current Fence Guidelines, promote external design harmony and consistency among the four Phases of development in the community, provide clarity around the application process, and facilitate the Acc's review process while ensuring campliance with approved plans; therefore per Article 4 section (e) of the Amended and Restated Declaration of Covenants and Restrictions (DCR's) or Elliott Ranch which in part, empowers the ACC to adopt development guidelines as it may deem necessary or proper for the orderly development of Elliott Ranch, the AcC amends the Fence Guidelines of January 2012 as follows: 1. For lots located in phases 1 -3: All fences constructed of cedar or pressure treated wood (solid wood fences) that extend beyond the rear corner of the house outward toward the road but not beyond the front corner of the house and do not have a front fence cannecting to the house, must be double picketed fromn the rear corner of the house forward so that supporting structures or framing materialis are concealed and not visible from the road on both sides. June2013

Bk 13018952 0PR 4658 THE STATE OF TETAS SAXt ALNNOD BEENE ME ON THIS INSTEDMENT NAS ACKNDWLETGED June 7 Z013 TE ELLOTT BEHALF OF TIE AZCHITECTUEAL- UOMMITTEE RANCH HOMEOWNERIS ASSOCIATION. e Clliott' Rave( NOTART PUBLC STATE OFTEKAS PRISCILLA MENDOZA Notary Pubic, State of Texas My Comission Expires SEPTEMBER 5,2014 NOTAEY SEAL

(b) Approval of Plans and Specifications: Addendum to the Improvement Application Fee Resolution. Whereas Article 4, subsection (b) of the Amended and Restated Declarations of Covenants and Restrictions (DCR's) for Elliott Ranch states that "no improvement shall be constructed on any lot within Elliott Ranch without the approval of the Architectural Control Committee (ACC) as to the quality of workmanship and materials, harmony of external design with the existing improvements, and as to the location with respect to topography and finished grade elevations; Whereas in its efforts to carry out its duties to ensure that improvements meet the standards set forth in Article 4, subsection(b), the Acc has instituted a post- completion inspection and compliance procedure; and Whereas the efficacy of that procedure will be enhanced by the implementation of an application fee for improvements; and Whereas Article 4, subsection(b) grants the Acc the power to "require the payment by each applicant of a fee in the amount as established from time to time by the Committee to aid in its review, approval and tracking of improvement; The Acc hereby amends the Improvement Application Fee Schedule effective June 2013. These fees are intended to assist the AcC and the Elliott Ranch HOA Board of Directors to ensure that any fence complies with Elliott Ranch DCR's, that it has been built according to AcC approved, as built, plans, tonsure all fences comply with the current Fence Guidelines; to ensure that the application fee is fair andbalanced; regarding the latter, the application fee is a progressive fee dependent on the total linear feetof fence; Application Fee (January 2012) and does not supersede, restrict or repiace or conflict with any provisions or fees currenty scheduled. Addendum to the Fee Schedule: For wood or metal fences that are 200 linear feet or less the fee is $250 For w0od or metal fences that are between 200 linear and 500 linear feet the fee is $400. For wood or metal fences that exceed 500 linear feet or more the fee is $500. All fees will be returned foilowing a favorable compliance inspection to ensure that the fence was constructed in accordance with Acc approved plans; and that the maintenance program (staining/preservative) has been done. June 2013

Amendment to Elliott Ranch Fence Guidelines Whereas Article 4, subsection (b) of the Amended and Restated Declarations of Covenants and Restrictions (DCR's) for Elliott Ranch states that "no improvement shall be constructed on any lot within Elliott Ranch without the approval of the Architectural Control Committee (AcC) as to quality of workmanship and materials, Harmony of externai design with existing improvements, and as to the location with respect to topography and finished grade elevations"; Whereas fences can have a significant impact on the appearance of our community, have the propensity to affect the value of not only the lot on which they are erected but also affect the value of adjacent lots, and have been a source of difficulties in our community; Whereas the effect referenced in the above paragraph is highly influenced by the size and location of the fence; Whereas the DCR's are not uniform with regard to fence location; specifically, the DCR's ailow corner of the house for lots in Phases 1- 3 lots, while fences located on phase 4 iots cannot extend beyond the rear corner of the house; Whereas the AcC wishes to provide further guidance for the construction of fences in Elliott Ranch in order to promote uniformity and harmony within the community while providing fairness in the process; Whereas this amended guidance does not supersede, replace or restrict or conflict with any covenant or conditions in the DCR's or the current fences to extend beyond the rear Fence Guidelines. The AcC hereby wishes to amend the current Fence Guidelines that were published in January 2012. These amended guide lines are intended to supplement current Fence Guidelines, promote externa! design harmony and consistency among the four Phases of development in the community, provide clarity around the application process, and facilitate the Acc's review process while ensuring compiance with approved plans; therefore per Article 4 section (e) of the Amended and Restated Declaration of Covenants and Restrictions (DCR's) or Elliott Ranch which in part, empowers the ACC to adopt development guidelines as it may deem necessary or proper for the orderly development of Elliott Ranch, the AcC amends the Fence Guidelines of January 2012 as follows: 1.For lots located in Phases 1- -3: All fences constructed of cedar or pressure treated wood (solid wood fences) that extend beyond the rear corner of the house outward toward the road but not beyond the front corner of the house and do not have a front fence connecting to the house, must be double are concealed and not visible from the road on both sides. June 2013