DFWM 1105 2023 - 202300055550 03/23/2023 09:56 AM Page 1 of 4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
After recording, return to: Liechty, McGinnis, Berryman & Bowen, LLP 11910 Greenville Avenue, Suite 400 Dallas, Texas 75243 Attention: Nathan Entsminger STATE OF TEXAS COUNTY OF DALLAS cos cos cos KNOW ALL PERSONS BY THESE PRESENTS opy SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CALDWELL LAKES DECLARATION OF THIS SECOND AMENDMENT ΤΟ COVENANTS, CONDITIONS AND RESTRICTIONS FOR CALDWELL LAKES (this "Amendment”) is executed to be effective as of March 21 2023, by K. HOVNANIAN DFW CALDWELL LAKES, LLC, a Texas limited liability company (the Declarant").
WHEREAS, on October 19, 2022, Declarant executed that certain Declaration of Covenants, Conditions and Restrictions for Caldwell Dakes, recorded on October 20, 2022, as Document No. 202200276079, in the Official Public Records of Dallas County, Texas (as amended, the “Declaration”), which Declaration encumbers the "Property" as described therein; WHEREAS, the Declaration was previously amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Caldwell Lakes dated November 28, 2022, executed by Declarant, and recorded as Document No. 202200307545, in the Official Public Records of Dallas County, Texas WHEREAS, pursuant to Section 8.6 of the Declaration, Declarant desires to amend and modify the Declaration, as provided herein.
NOW, THEREFORE, Declarant does hereby amend the Declaration as follows:
WHEREAS, pursuant to Section 8.6 of the Declaration, Declarant desires to amend and modify the Declaration, as provided herein.
NOW, THEREFORE, Declarant does hereby amend the Declaration as follows: Defined Terms. Unless otherwise defined in this Amendment or the context otherwise requires, each term used in this Amendment with its initial letter capitalized which has been specifically defined in the Declaration shall have the same meaning herein as given to such term in the Declaration.
2.
respects: Amendment. The Declaration is hereby amended and modified in the following (a) Section 3.4(h) of the Declaration is hereby amended, modified, and restated as follows: A-1 2023 - 202300055550 03/23/2023 09:56 AM Page 2 of 4 "(h) Roof Restrictions. All Residences shall have a minimum front elevation roof pitch of 6:12 slope, and the side or rear elevation roof pitch of any Residence shall have a minimum 6:12 slope, and the elevation of any shed roof over a porch, awning, box-out, or other architectural element, shall have a minimum 4:12 slope, unless otherwise approved in writing by the Architectural Control Committee. The roof pitches of any Structure(s) to be constructed and/or installed on any Lots shall be subject to the Architectural Control Committee's prior written approval."
3. No Other Effect. Except as expressly modified, amended and supplemented by this Amendment, the terms and provisions of the Declaration are not amended, modified or supplemented.
4.
Severability. Invalidation of anyone provision of this Amendment by judgment or court order shall in no way affect any other provision of this Amendment or the remainder of this Amendment which shall remain in full force and effect. Furthermore, in lieu of each such illegal,
t or court order shall in no way affect any other provision of this Amendment or the remainder of this Amendment which shall remain in full force and effect. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Amendment a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
5. Headings. The headings contained in this Amendment are for reference purposes only and shall not in any way affect the meaning or interpretation of this Amendment.
REMAINDER OF PAGE LEFT BLANK SIGNATURE PAGE FOLLOWS Unofficia 2 2023 - 202300055550 03/23/2023 09:56 AM Page 3 of 4 EXECUTED to be effective as of the date written above.
DECLARANT: K. HOVNANIAN DFW CALDWELL LAKES, LLC, a Texas limited liability company By: Name: Rick Trotter Title: DFW President STATE OF TEXAS COUNTY OF Collin cos cos cos opy BEEQRE ME, the undersigned authority, on this day personally appeared Rick Trotter DFW President of K. HOVNANIAN DFW CALDWELL LAKES, LLC, a Texas limited liability company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said limited liability company, and in the capacity therein stated.
2023.
[SEAL] GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this 21 day of March, FATE OFTENS Kelli Punnet Notary Public, State of Texas Unown 3 2023-202300055550 03/23/2023 10:00 AM Page 4 of 4 Dallas County John F. Warren Dallas County Clerk Instrument Number: 202300055550 Recorded On: March 23, 2023 09:56 AM Total Recording: $34.00 " eRecording - Real Property Number of Pages:
Page 4 of 4 Dallas County John F. Warren Dallas County Clerk Instrument Number: 202300055550 Recorded On: March 23, 2023 09:56 AM Total Recording: $34.00 " eRecording - Real Property Number of Pages: Examined and Charged as Follows: Unofficial Copy Any provision File Information: Document Number: Receipt Number: Recorded User: Station: Roger J CC63 Rental or use of the described REAL PROPERTY invalid and unenforceable under federal law.
Record and Return To: Simplifile DALLAS COUNTY TEXAS STATE OF TEXAS COUNTY OF DALLAS I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Dallas County, Texas.
John F. Warren Dallas County Clerk Dallas County, TX