ELECTRONICALLY RECORDED 201500077821 THe staTE oF Texas g 03/30/2015 04:46:33 PM AM 1/2 § COUNTY OF DALLAS = § APPENDIX "C" CORRECTION AMENDMENT to DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR CYPRESS COVE This instrument amends Appendix C of the Declaration of Covenants, Conditions & Restrictions for Cypress Cove, recorded on June 12, 2013, as Document No. 201300183489, Real Property Records, Dallas County, Texas (the “Declaration"), The real property subject to the Declaration is described by metes and bounds in Appendix A of the Declaration, and is being platted as phases of Cypress Cove, an addition to the City of Garland, Texas. The plat of the first phase of Cypress Cove is recorded on April 8, 2013, as Document No. 201300107005, Real Property Records, Dallas County, Texas.
D. R. Horton - Texas, Ltd., the Declarant of Cypress Cove, desires to amend Appendix C of the Declaration to correct an inadvertent scrivener's error of duplicate provisions with different and potentially conflicting terms. This Correction Amendment is consistent with Section 18.6 of the Declaration and the construction rule that the later of two terms controls.
During the Development Period, which terminates on June 11, 2038, Declarant has the right to amend the Declaration unilaterally - without joinder of any person, for any purpose, pursuant to Section B.6.2 of Appendix B of the Declaration. Accordingly, Declarant hereby amends Appendix C of the Declaration as follows: AMENDMENTS 1. To be consistent with Section C.5.1, the second sentence of Section C.2.1 of Appendix C of the Declaration is hereby corrected and restated in its entirety as follows: “If applicable law requires a stated term, the Declarant Control Period runs continuously from the date this
Appendix C of the Declaration is hereby corrected and restated in its entirety as follows: “If applicable law requires a stated term, the Declarant Control Period runs continuously from the date this Declaration Is recorded until the earlier of the following events: (1) 15 years after the date on which this Declaration is publicly recorded, and (2) 120 days after 95 percent of the lots that may be created (including property subject to annexation) have been improved with dwellings and conveyed to owners other than Builders or Declarant (also referred to as “at 95 percent of Build-Out and Sell-Out")."
2. The first sentence of Section C.5.1 of Appendix C of the Declaration is hereby amended and restated in its entirety as follows: "The term of the Declarant Control Period is stated in the above definition of Declarant Control Period."
SIGNED on the date stated in the acknowledgment below, D. R. HORTON - TEXAS, LTD., a Texas limited partnership By: D.R. HORTON, INC., a Delaware corporation, its authorized agent , David L. Booth, Assistant Vice President APPENDIX "C" CORRECTION AMENDMENT Page 1 of 2 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR CYPRESS COVE THE STATE OF TEXAS §§ § COUNTY OF DALLAS §§ 307% This instrument was acknowledged before me on this day of March 2015 by David L. Booth, Assistant Vice President of D. R. Horton, Inc., a Delaware corporation, on behalf of said corporation in Its capacity as authorized agent for D. R. Horton - Texas, Ltd., 3 Texas limited partnership, on behalf of the limited partnership.
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Ze, Notary Public, The State of Texas 1 ave, KELUIEM. SMITH 1): Yar? MY COMMISSION EXPIRES |B ees May 2, 2017 Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS
, Notary Public, The State of Texas 1 ave, KELUIEM. SMITH 1): Yar? MY COMMISSION EXPIRES |B ees May 2, 2017 Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 03/30/2015 04:46:33 PM $30.00 201500077821 APPENDIX "C* CORRECTION AMENDMENT Page 2 of 2 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR CYPRESS COVE L?-2e2t daca CORs-Ameadhppe-CypressCove vl Mbel/2S/i5 pdaT/Z5/15