21029702 AMENDMENT Total Pages: 5 Filed and Recorded: 06/03/2021 10:31:55 AM AFTER RECORDING RETURN TO: ROBERT D. BURTON, ESQ.
WINSTEAD PC 401 CONGRESS AVE., SUITE 2100 AUSTIN, TEXAS 78701 EMAIL: [email protected] CYPRESS FOREST FIRST AMENDMENT TO DESIGN GUIDELINES HAYS COUNTY, TEXAS Cross-reference to: Declaration of Covenants, Conditions and Restrictions for Cypress Forest, recorded as Document No. 2016-16014656, in the Official Public Records of Hays County, Texas, as amended.
CYPRESS FOREST FIRST AMENDMENT TO DESIGN GUIDELINES 4822-4930-0966v.3 53166-1 4/20/2021 21029702 Page 2 of 5 CYPRESS FOREST FIRST AMENDMENT TO DESIGN GUIDELINES This First Amendment to Design Guidelines (this "Amendment") is hereby made by FELDER CND, LLC, a Texas limited liability company (the "Declarant"), and is as follows: RECITALS A. Declarant previously Recorded that certain Declaration of Covenants, Conditions and Restrictions for Cypress Forest, recorded as Document No. 2016-16014656, in the Official Public Records of Hays County, Texas, as amended (the "Declaration").
B. The Design Guidelines are attached as Attachment 1 to the Declaration. Pursuant to Section 7.2.3 of the Declaration, the Declarant, during the Development Period, may adopt, amend, modify, or supplement the Design Guidelines.
C. The Development Period begins on the date the Declaration was Recorded, and ends eighteen (18) months after Declarant no longer owns any portion of the Property. As such, the Development Period is currently in effect.
D. Declarant desires to amend and modify the Design Guidelines as set forth herein.
NOW, THEREFORE, the Declarant hereby amends and modifies the Design Guidelines as follows: 1. Masonry Requirements. Section 1.13 of the Design Guidelines is hereby deleted
elines as set forth herein.
NOW, THEREFORE, the Declarant hereby amends and modifies the Design Guidelines as follows: 1. Masonry Requirements. Section 1.13 of the Design Guidelines is hereby deleted in its entirety and replaced with the following: 1.13 Masonry Requirements. The following masonry requirements shall apply to all Homes.
Lot Type Marketing Window Lots* Remaining Lots Minimum Masonry Percentage (All Exterior Elevations) 100% 75% First Floor, 100% Front and within 5' of Front of Homes, 70% Overall CYPRESS FOREST FIRST AMENDMENT TO DESIGN GUIDELINES 4822-4930-0966v.3 53166-1 4/20/2021 21029702 Page 3 of 5 *Marketing Window Lots shall be Lots that back up to or have a side yard adjacent to; (i) the commercial tracts along Old Stagecoach Road, (ii) Association property, or (iii) any street within the boundary of the Association.
Masonry is defined to include native stone, clay brick, stucco, cementitious siding, or a combination thereof, with all masonry selections to be approved by the ACC, and native stone being preferred over other types of masonry. Any Home constructed to include stucco shall nonetheless have a minimum of five percent (5%) native stone on the front elevation. The masonry requirements set forth herein shall be exclusive of those portions of a Home that are not supported by masonry below. Any portions of the elevations that are not masonry shall use fiber cement lap siding, board & batten or shake shingles. Masonite sheet or other sheet siding, and wood siding are not allowed. Where siding is the primary masonry element, a minimum of five percent (5%) of the front shall be brick or natural stone.
2. Miscellaneous. Any capitalized terms used and not otherwise defined herein
Where siding is the primary masonry element, a minimum of five percent (5%) of the front shall be brick or natural stone.
2. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration or the Design Guidelines. Unless expressly modified 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. If any terms and provisions of this Amendment are in conflict with the Design Guidelines, the terms and provisions of this Amendment will control.
CYPRESS FOREST FIRST AMENDMENT TO DESIGN GUIDELINES 4822-4930-0966v.3 53166-1 4/20/2021 21029702 Page 4 of 5 EXECUTED TO BE EFFECTIVE on this 2E) day of Raj , 2021.
DECLARANT: FELDER CND, LLC, a Texas limited liability company, By: Name: A1 _ Va-ctsTitle: P. P. . fn. I- In THE STATE OF TEXAS COUNTY OF-CFraS This instrument was acknowledged before me on , 2021, by c'"71 FELD CND, LLC, a Texas limited liability company, on behalf of said corporation (SEAL) CHELLE A THEIS Notary Public, State of Texas Comm. Expires 09-15-2021 N 4 to/ In 8531715 Notary Public Signature CYPRESS FOREST FIRST AMENDMENT TO DESIGN GUIDELINES 4822-4930-0966v.3 53166-1 4/20/2021 21029702 Page 5 of 5 THE STATE OF TEXAS COUNTY OF HAYS I hereby certify that this instrument was FILED on the date and the time stamped hereon by me and was duly RECORDED in the Records of Hays County, Texas.
21029702 AMENDMENT 06/03/2021 10:31:55 AM Total Fees: $38.00 Elaine H. Cardenas, MBA, PhD,County Clerk Hays County, Texas AS