20180301000255390 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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: Cyprus Villas Homeowner's Association, Inc.
c/o Essex Association Management, LP Attention: Ron Corcoran 1512 Crescent Drive, Suite 112 Carrollton, Texas 75006 STATE OF TEXAS COUNTY OF COLLIN cos cos cos KNOW ALL PERSONS BY THESE PRESENTS: FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CYPRUS VILLAS THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CYPRUS VILLAS (this "Amendment”) is made and entered by Megatel Cypress Villas, LLC, a Texas limited liability company (“Declarant”) as of the 27th day of February, 2018.
WHEREAS, the Declarant has executed that certain Declaration of Covenants, Conditions and Restrictions for Cyprus Villas dated April 17, 2017, and recorded on July 18, 2017, as Document No. 20170718000939200 in the Official Public Records of Collin County, Texas (the "Declaration"); and WHEREAS, the Declaration affects all of that certain real property in the City of Plano, Collin County, Texas, containing approximately 10.754 acres of land, and commonly known as Cyprus Villas (the “Property"); which real property is more particularly described in the Declaration; and WHEREAS, the terms of the Declaration, including, without limitation, Section 7.1 of the Declaration, provides for amendment of the Declaration by Declarant during the Development Period (as defined in the Declaration);
of the Declaration, including, without limitation, Section 7.1 of the Declaration, provides for amendment of the Declaration by Declarant during the Development Period (as defined in the Declaration); WHEREAS, the Development Period is in effect and has not expired as of the date of this Amendment; and WHEREAS, Declarant desires to amend and modify certain covenants, conditions and restrictions set forth in the Declaration, as more specifically provided in this Amendment.
NOW, THEREFORE, the Declarant does hereby amend the Declaration as follows: 1. 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.
Amendments. The Declaration is hereby modified and amended as follows: a.
Section 2.5(b) is hereby modified and amended to add the following as the new paragraph at the end of such Section 2.5(b): ઃ Costs and expenses related to any off street parking improvements located or included within the Common Areas and/or Common Properties by this Declaration or to be maintained by the Association pursuant to the Plat (collectively the "Association Maintained Off-Site Parking") shall be maintained by the Association and the costs and expenses incurred by the Association shall be a common expense of the Association, subject to the Association's right to allocate such costs and expenses to the Owners as an Assessment or Special Assessment per this Declaration. With regard to any Association Maintained Off Street Parking the Association shall have the
allocate such costs and expenses to the Owners as an Assessment or Special Assessment per this Declaration. With regard to any Association Maintained Off Street Parking the Association shall have the following rights, duties and obligations (without limiting any rights, duties or obligations of the Association with respect to Common Properties or Common Areas hereunder): (i) maintenance and/or repair of the areas for Association Maintained Off Street Parking; (ii) obtaining casualty, public liability and other insurance coverages which may be required or permitted to be maintained by the Association; (iii) payment and/or satisfaction of any Governmental Impositions which may be levied and assessed on the Association Maintained Off Street Parking areas; and (iv) such other costs and expenses as may be reasonably related to the proper maintenance, care, operation and management of the Association Maintained Off Street Parking areas, including the allocation for such costs and expenses against each Lot in a uniform manner by levy of an Assessment and inclusion of such costs and expenses (to the extent determinable and/or reasonably estimated) in the budget of the Association from year to year for the purpose of ensuring proper funds for the maintenance of the Association Maintained Off Street Parking areas as the need may arise."
b.
follows: Section 4.1 is hereby modified and amended to read in its entirety as "Section 4.1 Fences, Walls and Screening Landscaping.
66 Declarant and/or the Association shall have the right, but not the obligation, to erect, install, maintain, repair and/or replace fences, walls and/or screening landscaping within that portion of any Lot situated along the perimeter of the Property or on Lots adjacent to Common Properties, as
all, maintain, repair and/or replace fences, walls and/or screening landscaping within that portion of any Lot situated along the perimeter of the Property or on Lots adjacent to Common Properties, as shown on a Final Plat. Any such fence, wall or sprinkler system shall be the property of the Owner of the Lot on which such fence, wall or sprinkler system is erected or installed, subject to the easements and rights of Declarant and the Association set forth below. With respect to any fencing FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CYPRUS VILLAS PAGE 2 installed within a Lot that is adjacent to a thoroughfare, the Association shall have the exclusive right to stain the exterior of such fence facing the thoroughfare whenever, in the Board's sole and absolute discretion, it deems necessary. The Design Guidelines shall contain all construction and materials requirements for the walls adjacent to the Common Properties and any thoroughfare. As set forth in Section 9.6 below, the Association shall be solely responsible for all maintenance, repair, replacement, and improvement of the Common Properties which shall include any fencing / screening walls to be maintained by the Association and as may be shown or set forth in the final Plat. The Association shall utilize the Assessments for such purposes as herein provided and to fund the costs of maintaining Common Properties, including (without limitation) the cost and expenses incurred by the Association in connection with the maintenance, repair, replacement, and improvement of such fencing / screening walls by the Association. The Declarant shall have no responsibility for maintenance, repair, replacement, or improvement of the Common Properties after initial
improvement of such fencing / screening walls by the Association. The Declarant shall have no responsibility for maintenance, repair, replacement, or improvement of the Common Properties after initial construction."
c.
Section 1.2.1 of Exhibit “C” Design Guidelines attached to the Declaration is hereby modified and amended to add the following as the last paragraph of such Section: "Any fencing / screening expressly designated in this Declaration as part of the Common Properties or expressly stated on the final recorded Plat as Association responsibility or to be maintained by the Association, shall be part of the Common Properties and maintained by the Association."
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, and the Declaration, as modified, amended and supplemented hereby, is hereby amended as provided herein.
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, 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CYPRUS VILLAS
ect the meaning or interpretation of this Amendment.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CYPRUS VILLAS PAGE 3 EXECUTED to be effective as of the date written above.
DECLARANT: Megatel Cypress Villas, LLC, a Texas limited liability company By: Megatel Holdings, LLC, a Texas limited liability company Its: Sole Member By: Name: Arash Afzalipoúr Its: Managing Member STATE OF TEXAS COUNTY OF DALLAS § cos cos cos This instrument was acknowledged before me on this day of March , 2018, by Arash Afzaliopour. Managing Member, of Megatel Cypress Villas, LLC, a Texas limited liability company, and Sole Member of Megatel Holdings, LLC, a Texas limited liability company, on behalf of said company.
Pebecca Romine Notary Public, State of Texas FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CYPRUS VILLAS HARY PUR REBECCA ROMINE Notary Public, State of Texas Comm. Expires 02-06-2022 Notary ID 131439371 SIGNATURE PAGE EXHIBIT "A” FOR CYPRUS VILLAS Property Description [see attached] OWNERS CERTIFICATE WHEREAS 8.128. Company, Inc. is the owner of a tract of land alluated in lite R. Banelloid Survey.
Abstract H. 09, Collin County, Texas, and being all of Lot 2 Bluck 1 of North Dallas Bank, an Addition to the City of Plano, Collin County, Texas, according to the Plat thereof moorded in Cabinet 1, Page 289.
Plat Records of Collin County, Texas, and being the some treat of land described in a deed to N.O.8.
Company, Ina recorded as inaumant Number 94-0048905 in the Dead Records of Collin County, Tox.
and being mare parfioularly described by males bounds on follows:
t of land described in a deed to N.O.8.
Company, Ina recorded as inaumant Number 94-0048905 in the Dead Records of Collin County, Tox.
and being mare parfioularly described by males bounds on follows: BEGINNING at a 1/2" iron rod found for corner in the South right-of-way line of Lorimar Drive (GS' Aight-of-Way) at the common North corner of said Lot 2 and Lot 1 of cold North Daltas Bank Addillon, sold point being in a non-tangent curve to the right having a radius of 1957.50 feet, a canimal angle of 0549, and a chord which beers South 8529'34 East, a dialance of 177.40 foot) THENCE in an Easterly direction along the South right-of-way the of sald Lorimar Drive the following live (5) course and distances: 1) Along sold curve to the right, an ore distance of 177.05 feat to a 1" from red found for comer at the beginning of a reverse aurre to the last having madlus of 842.50 feek, a central angle of 36°54'42, and a chard which bears North 76°38'59 East, a distance of 933.43 feel; 2) Along sold curve to lite fett, an are distance of 562.15 feet to a 1" fron rad found for ourse 3) North 50°11'38" East. a distance of 31.62 fost to a 1" fron rod found for comer of the beginning of a tangent ourve to the right having a radius of 857.50 feet, a central angle of 21°59'46", and a chont which baara North 71° 11'3" East, o dielonce of 327.18 Cook; 4 Along said curve to the right, an are distance of 329.20 feat to a 1" from rod found for corner S) North 0211*24" East, a distance of 145.15 feet to a 1/2° iron red with a blure plastic cap atamped "KINE THOMPSON" sat for comer at the north end of a tronrifonai right-ai-way line between the South right-of-way line of said Larimar Orive and the West right-of-way ifne of Ohio Drive (80' Right-of-Way};
E THOMPSON" sat for comer at the north end of a tronrifonai right-ai-way line between the South right-of-way line of said Larimar Orive and the West right-of-way ifne of Ohio Drive (80' Right-of-Way}; THENCE South 52°23'32" East, along aald fransitional right-of-way line, a distance of 27.53 feat to a 1/2" from rod with a blus plastic cop stomped "HINE THOMPSON sat for comer at the most soulham and thereof, sold peint being in a son-tangent curve to the right having a radius of 3567.65 fast, a central angle of 06'17'30 ", and a chord which beora South 02°39'55" East, a distance of $16.00 Fest; THENCE in a Southerly direction along sald curve to the right, being the West right-of-way line of sold Olle Drive, on are distance of 516.45 feat to a 1/2" from cod found for comer at the Southeast comer of acid Lot 2. some being the Northeast corner of Lat 1R.
Book of Plone Day Care Additon, an Addison to the City of Plano, Collin County. Taxar, dacording to lita Plat thereof recorded in Cabinet R, Page 418 in the plot Records of Collin County , Texas; Coro Addition, passing the cornmon Nerth corner of sold Plano Day Care Addilfan and Jefferson Lake Addition, an Addifon to the City of Piano, Collin County, Texos, according to the Plat thereof recorded in Cabinet J, Pego to Is The Plat Records of Collin County, Texas. at a distance of 795.00 feat and continuing along the common (The of sold North Callos Bank Addllion and said Jefferson Lake Addition for a lolal distance of 1237.16 feet to a 1/2" iron rod found for comer at the common South comes at said Lot 1 and Lot 2 of North Dalice Bank Adallion
s Bank Addllion and said Jefferson Lake Addition for a lolal distance of 1237.16 feet to a 1/2" iron rod found for comer at the common South comes at said Lot 1 and Lot 2 of North Dalice Bank Adallion THENGE North 00°04'12" East, along. the common line of sold Lot and Lot 2 of North Dallas Bank Addition, a diefence of 239.08 feet to a 1/2" fron rod found for comar at an angla point; THENCE North 09°30'29" East, confinuing along the common (the of sold Lat I and Lot 2 of North Collas Bank Addition, o distance of 50.95 fort to the POINT OF BEGINNING 16 containing 10.754 wares of land.
Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 03/01/2018 02:32:19 PM $46.00 NELLIOTT 20180301000255390 Spaceshemp IN COUNT COLLIN COUNTY COURT OF TEXAS