Doc# 20200238953 10/07/2020 3:35PM Page 1 of 5 Lucy Adame-Clark, Bexar County Clerk AFTER RECORDING RETURN TO: e\a—.
ROBERT D. BURTON, ESQ.
WINSTEAD PC 401 CONGRESS AVE., SUITE 2100 AUSTIN, TEXAS 78701 CIBOLO CANYONS RESORT FIRST AMENDMENT TO NEW CONSTRUCTION DESIGN GUIDELINES [UNIT 7] Bexar County, Texas Declarant: TF CIBOLO CANYONS, L.P., a Delaware limited partnership Cross reference to: (i) Cibolo Canyons Resort Master Covenant, recorded as Document No. 20050216763 in the Official Public Records of Bexar County, Texas, as amended; (ii) Cibolo Canyons Resort New Construction Design Guidelines [Unit _7], recorded as Document No. 20080028878 in the Official Public Records of Bexar County, Texas; and (iii) Assignment of Declarant Rights, recorded as Document No. 20180030266 in the Official Public Records of Bexar County, Texas.
Doc# 20200238953 10/07/2020 3:35PM Page 2 of 5 Lucy Adame-Clark, Bexar County Clerk FIRST AMENDMENT TO CIBOLO CANYONS RESORT NEW CONSTRUCTION DESIGN GUIDELINES [UNIT 7] This First Amendment to Cibolo Canyons Resort New Construction Design Guidelines [Unit 7] (this “Amendment”) is made by TF CIBOLO CANYONS, L.P., a Delaware limited partnership (the “Declarant”), and is as follows: RECITALS A. Declarant previously executed and recorded that certain Cibolo Canyons Resort New Construction Design Guidelines [Unit 7], recorded as Document No. 20080028878 in the Official Public Records of Bexar County, Texas (the “Design Guidelines”). The Design Guidelines were adopted pursuant to that certain Cibolo Canyons Resort Master Covenant, recorded as Document No.
20050216763 in the Official Public Records of Bexar County, Texas, as amended (collectively, the “Master
dopted pursuant to that certain Cibolo Canyons Resort Master Covenant, recorded as Document No.
20050216763 in the Official Public Records of Bexar County, Texas, as amended (collectively, the “Master Covenant”). TF CIBOLO CANYONS, L.P., a Delaware limited partnership, is the current “Declarant” under the Master Covenant, pursuant to that certain Assignment of Declarant Rights, recorded as Document No. 20180030266 in the Official Public Records of Bexar County, Texas.
B. Pursuant to Section 6.05(b) of the Master Covenant, during the Development Period, the Declarant, as the Cibolo Canyons Reviewer, may adopt, amend, modify, revoke, or supplement the Design Guidelines.
C. The Development Period means a period in which the Declarant owns all or any portion of the Property. Accordingly, the Development Period has not yet expired.
D. Declarant desires to amend the Design Guidelines as set forth hereinbelow.
NOW THEREFORE, the Declarant hereby amends and modifies the Design Guidelines as follows: te Fencing and Walls. The paragraph titled “Fencing and Walls” is hereby deleted in its entirety and replaced with the following: Fencing and Walls All retaining walls must be constructed in accordance with the retaining wall specifications and guidelines promulgated by the Cibolo Canyons Reviewer.
Plans for fences or walls must be drawn on a previously approved copy of the Site Plan.
Fencing of the front yards is not permitted. Solid walls enclosing an entire site are not permitted.
Fencing must be masonry, powder-coated tubular steel (wrought iron style pickets) or a combination of both in a color and height approved in advance by Doc# 20200238953 10/07/2020 3:35PM Page 3 of 5 Lucy Adame-Clark, Bexar County Clerk
ted tubular steel (wrought iron style pickets) or a combination of both in a color and height approved in advance by Doc# 20200238953 10/07/2020 3:35PM Page 3 of 5 Lucy Adame-Clark, Bexar County Clerk the Cibolo Canyons Reviewer. Notwithstanding any provisions in these Design Guidelines to the contrary, however, certain Lots may have a wood fence on the rear property line only, such Lots being Lots 26 through 31, Block 165, Cibolo Canyon-Unit 7D, Enclave, a subdivision of record in Bexar County, Texas (the “Unit 7D Lots”). Any such wood fencing must: (i) be six (6’) feet in height, (ii) of board on board design and construction, and (iii) have a rail and cap finish. Any such wood fence must be approved in advance by the Cibolo Canyons Reviewer.
Fencing on the side property line of any Unit 7D Lot may not be constructed of wood, and must follow the guidelines otherwise stated in this section.
Masonry columns (unless otherwise constructed by the Declarant) may not be incorporated into a fence unless expressly approved in advance by the Cibolo Canyons Reviewer. Fencing locations, height & materials must be approved in advance by the Cibolo Canyons Reviewer.
ee Effect of Amendment. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Design Guidelines or the Master Covenant, as applicable. Unless expressly amended by this Amendment, all other terms and provisions of the Design Guidelines remain in full force and effect as written, and are hereby ratified and confirmed.
[SIGNATURE PAGE FOLLOWS] Doc# 20200238953 10/07/2020 3:35PM Page 4 of 5 Lucy Adame-Clark, Bexar County Clerk STATEOF Elovida 8 COUNTY OF YK Ande § This instrument was acknowl ed 2020, by John Brian EXECUTED to be effective on this 4 day of OQetwvbur , 2020.
PM Page 4 of 5 Lucy Adame-Clark, Bexar County Clerk STATEOF Elovida 8 COUNTY OF YK Ande § This instrument was acknowl ed 2020, by John Brian EXECUTED to be effective on this 4 day of OQetwvbur , 2020.
DECLARANT, AS THE CIBOLO CANYONS REVIEWER: TF CIBOLO CANYONS, L.P., a Delaware limited partnership By: ed before me on the / day of ed Signatory, ¢ TF Holdings GP, L.L.C., a Delaware limited TE Holdings GP, L.L.C., a Delaware limited liability company, its general part By: Printed Name: Title: John Brian orized Signator, Ox bor, liability company, general partner of TF CIBOLO CANYONS, L.P., a Delaware limited partnership, on behalf of such limited liability company and limited partnership.
[seal] File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20200238953 Recorded Date: October 07, 2020 Recorded Time: 3:35 PM Total Pages: 5 Total Fees: $38.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was eFILED tn File Number Sequence on this date and at the time stamped hereon by me and was duly ERECORDED in the Official Public Record of Bexar County, Texas on: 10/7/2020 3:35 PM # Lucy Adame-Clark 7 Bexar County Clerk