d, iD AFTER RECORDING RETURN TO: KRISTI E. STOTTS, ESQ.
WINSTEAD PC 401 CONGRESS AVE., SUITE 2100 AUSTIN, TEXAS 78701 [email protected] FIRST AMENDMENT TO RETAINED LAND RESTRICTIONS DECLARATION OF RESTRICTIVE COVENANTS [BEXAR COUNTY, TEXAS] Declarant; SOUTHSTAR MISSION DEL LAGO DEVELOPER LLC, a Texas limited liability company Cross-reference to Retained Land Restrictions Declaration of Restrictive Covenants, recorded under Document No. 20190020002 in the Official Public Records of Bexar County, Texas.
4855-8453-3349v.1 53168-124 Doc# 20230096885 05/31/2023 10:08 AM Page 2 of 10 Lucy Adame-Clark, Bexar County Clerk FIRST AMENDMENT TO RETAINED LAND RESTRICTIONS DECLARATION OF RESTRICTIVE COVENANTS This First Amendment to Retained Land Restrictions Declaration of Restrictive Covenants (this “Amendment”) is made by SOUTHSTAR MISSION DEL LAGO DEVELOPER LLC, a Texas limited liability company (“Declarant”), and is as follows: RECITALS: A. Declarant previously executed and recorded that certain Retained Land Restrictions Declaration of Restrictive Covenants, recorded under Document No. 20190020002 in the Official Public Records of Bexar County, Texas (the “Declaration”).
B. Section 6 of the Declaration provides that the Declaration may be amended by Recording an instrument setting forth the amendment executed and acknowledged by the Declarant and Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership (“Lennar”), for so long as Lennar is the owner of any property within the Residential Community.
Cc. As of the date of this Amendment, Lennar owns property within the Residential
s limited partnership (“Lennar”), for so long as Lennar is the owner of any property within the Residential Community.
Cc. As of the date of this Amendment, Lennar owns property within the Residential Community. Pursuant to the terms and provisions of that certain Purchase and Sale Agreement dated /MBQY 30 , 202:3_, by and between Lennar and AG EHC II (LEN) MULTI STATE 2, LLC, a Delaware limited liability company (the “Land Bank”) (as amended or supplemented, the “Contract”), Lennar agreed to sell and Land Bank agreed to purchase certain real property within the Residential Community, as more particularly described in the Contract.
D. Declarant and Lennar desire to amend the Declaration to provide for the Land Bank’s approval of any amendment to the Declaration, as set forth hereinbelow.
NOW THEREFORE, Declarant hereby amends and modifies the Declaration as follows: 1. Amendment. Section 6 of the Declaration is hereby deleted in its entirety and substituted with the following: 6. Amendment. This Declaration may be amended by the recording of a written instrument in the Official Public Records of Bexar County, Texas, executed and acknowledged by (i) Declarant (or its permitted assignee); (ii) Lennar, so long as it is the owner of any property within the Residential Community, and thereafter and after assignment of such right, by the HOA; and (iii) by the Land Bank, for so long as the Land Bank is the owner of any property within the Residential Community, and thereafter by the Land Bank’s successors and assigns upon the Land Bank’s assignment of its rights pursuant to the Contract.
FirsT AMENDMENT TO RETAINED LAND RESTRICTIONS DECLARATION OF RESTRICTIVE COVENANTS 4855-8453-3349v.1 53168-124
ssors and assigns upon the Land Bank’s assignment of its rights pursuant to the Contract.
FirsT AMENDMENT TO RETAINED LAND RESTRICTIONS DECLARATION OF RESTRICTIVE COVENANTS 4855-8453-3349v.1 53168-124 Doc# 20230096885 05/31/2023 10:08 AM Page 3 of 10 Lucy Adame-Clark, Bexar County Clerk —— ys Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration. Unless expressly amended by this Amendment, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.
[SIGNATURE PAGES FOLLOW] First AMENDMENT TO RETAINED LAND RESTRICTIONS DECLARATION OF RESTRICTIVE COVENANTS 4855-8453-3349v.1 53168-124 Doc# 20230096885 05/31/2023 10:08 AM Page 4 of 10 Lucy Adame-Clark, Bexar County Clerk ——, an EXECUTED TO BE EFFECTIVE on the & sf day of | 2029.
DECLARANT: SOUTHSTAR MISSION DEL LAGO DEVELOPER LLC, Hed liability company By: Printed N ame: Title: o.
STATE OF TEXAS § by _snne Oy the of Southstar Mission Del Lago Developer LLC, a Texas limited liability company, on behalf of said limited liability company.
(SEAL) N How Leta Notarly Public’ signature SIGNATURE PAGE First AMENDMENT TO RETAINED LAND RESTRICTIONS DECLARATION OF RESTRICTIVE COVENANTS 4855-8453-3349v.1 53168-124 Doc# 20230096885 05/31/2023 10:08 AM Page 5 of 10 Lucy Adame-Clark, Bexar County Clerk ACKNOWLEDGED AND AGREED: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership By: U.S. Home LLC, a Delaware limited liability company (as successor-in-interest by conversion from U.S. Home Corporation, a Delaware corporation), its General Partner - eo 3 < Livy
mited partnership By: U.S. Home LLC, a Delaware limited liability company (as successor-in-interest by conversion from U.S. Home Corporation, a Delaware corporation), its General Partner - eo 3 < Livy Printed Name: £3 Title: Qatypti@ey Pts STATE OF TEXAS 7 COUNTY OF This instrument was acknowledged before me this SO day of a ef , 2023, U.S. Home LLC, a Delaware limited liability company (as successor-in-interest by conversion from U.S. Home Corporation, a Delaware corporation), general partner of LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership, on behalf of said entities.
aoe, (SEAL) ; Notary Public Signature a “ ae JOSHUA C SCATES Notary ID #1298.47013 My Commission Expires June 29, 2026 SIGNATURE PAGE First AMENDMENT TO RETAINED LAND RESTRICTIONS DECLARATION OF RESTRICTIVE COVENANTS 4855-8453-3349v.1 53168-124 Doc# 20230096885 05/31/2023 10:08 AM Page 6 of 10 Lucy Adame-Clark, Bexar County Clerk Exhibit A Legal Description (Mission Del Lago, Texas) TRACT 1 (16A): Lots 1-38, 70-72, 106-109, Block 48, Lots 1-4, 8-33, Block 49 in in Mission Del Lago Unit 16A (TIF), a subdivision located in Bexar County, according to the map or plat thereof recorded under Volume 20002, Page 2339, of the Plat records of Bexar County, Texas.
TRACT 2 (17A): Lots 47-57, Block 63 Lots 21, 22, Block 65, and Lots 1-6, Block 66, in Unit 17A in Mission Del Lago Unit 17A (TIF), a subdivision located in Bexar County, according to the map or plat thereof recorded under Volume 20002, Page 2336, of the Plat records of Bexar County, Texas.
TRACT 3 (16B): Lots 12-82 Block 54 and Lots 1-13, Block 64 in in Mission Del Lago Unit 16B (TIF), a subdivision
reof recorded under Volume 20002, Page 2336, of the Plat records of Bexar County, Texas.
TRACT 3 (16B): Lots 12-82 Block 54 and Lots 1-13, Block 64 in in Mission Del Lago Unit 16B (TIF), a subdivision located in Bexar County, according to the map or plat thereof recorded under Volume 20003, Page 211, of the Plat records of Bexar County, Texas.
TRACT 4 (17B): All Lots in Mission Del Lago Unit 17B (TIF), a subdivision located in Bexar County, according to the map or plat thereof recorded under Volume 20003, Page 3, of the Plat records of Bexar County, Texas.
TRACT 5 (17C): A 22.86 acre tract of land situated in the Juan Manuel Urriegas Survey No. 32 Abstract No. 769 and Jose Antonio De La Garza Survey Abstract No. 3, the New City Block (N.C.B.) 11166, Bexar County, Texas, and being a portion of that called 382.74 acre tract of land as conveyed to Southstar Mission Del Lago Developer, LLC recorded in Volume 17107, Page 1426 of the Official Public Records of Bexar County, Texas (O.P.R.), said 22.86 acre tract being more particularly described by metes and bounds in as follows: BEGINNING at a %” iron rod with cap stamped KFW SURVEYING found (hereinafter referred to as FOUND KFW) in the southerly right-of-way line of Stadler Bend (a 60’ wide R.O.W, as dedicated by plat of Mission Del Lago Unit 17-A TIF, as recorded in Volume 20002, Pages 23362338 in the Deed and Plat Records of Bexar County (D.P.R.)), and for a corner of Lot 1, Block 65, New City Block 11166, as conveyed to Lennar Homes of Texas Land and Construction, Ltd., and recorded October 20, 2021 in Document Number 20210293659 in the O.P.R., and for the most northerly corner of the tract described herein; Exhibit A / Page 1 QB\81057524 5
nd and Construction, Ltd., and recorded October 20, 2021 in Document Number 20210293659 in the O.P.R., and for the most northerly corner of the tract described herein; Exhibit A / Page 1 QB\81057524 5 Doc# 20230096885 05/31/2023 10:08 AM Page 7 of 10 Lucy Adame-Clark, Bexar County Clerk THENCE: along and with the southerly right-of-way line of Stadler Bend, the following five (5) courses: l. S 50°01°20” E, a distance of 97.92 feet to FOUND KFW for the beginning of a curve; Zu With said curve to the right having an arc of 20.96 feet, a radius of 15.00 feet, a delta of 80°02’59”, and a chord bears S 09°59’51” E, a chord distance of 19.29 feet to a FOUND KFW; 3. S 30°01°39” W, a distance of 3.28 feet to a FOUND KFW;; 4. S 59°58’21” E, a distance of 50.00 feet to a FOUND KFW; THENCE: over and across said 382.74 acre tract, the following nine (9) courses: l. S 30°01°39” W, a distance of 17.54 feet to a %” iron rod with cap stamped KFW SURVEYING set (hereinafter referred to as SET KFW) for the beginning of a curve; Das With said curve to the right having an arc of 15.27 feet, a radius of 125.00 feet, a delta of 07°00’00”, and a chord bears S 33°31’39” W, a chord distance of 15.26 feet to a SET KFW; 3. S 52°58’21” E, a distance of 88.61 feet to a SET KFW; 4. S 07°32°29” E, a distance of 204.73 feet toa SET KFW;; 5, S 13°40°33” E, a distance of 143.58 feet to a SET KFW; 6. S 10°11’°01” E, a distance of 280.00 feet to a SET KFW; 7. S 18°10°54” E, a distance of 155.77 feet to a SET KFW; 8. S 52°37°31” E, a distance of 315.06 feet to a SET KFW; 9. S 51°19°36” E, a distance of 80.00 feet to a SET KF W in the northerly line of Mission Del Lago Unit 17-B TIF, as recorded in Volume 20003, Pages 3-4;
31” E, a distance of 315.06 feet to a SET KFW; 9. S 51°19°36” E, a distance of 80.00 feet to a SET KF W in the northerly line of Mission Del Lago Unit 17-B TIF, as recorded in Volume 20003, Pages 3-4; THENCE: along and with the northerly lines of Mission Del Lago Unit 17-B TIF, the following sixteen (16) courses: 1. S 38°31°22” W, a distance of 105.94 feet to a FOUND KFW for the beginning of a curve; 2. With said curve to the right having an arc of 23.56 feet, a radius of 15.00 feet, a delta of 90°00’00”, and a chord bears S 83°31’22” W, a chord distance of 21.21 feet to a SET KFW; 3. N 51°28’38” W, a distance of 1.00 feet to a FOUND KFW; 4. S 39°40°07” W, a distance of 50.01 feet to a FOUND KFW; 5 S 51°28’38” E, a distance of 26.05 feet toa FOUND KFW; 6 S 38°31°22” W, a distance of 190.00 feet to a FOUND KFW;; 7 S 47°00’08” W, a distance of 44.46 feet to a FOUND KFW; 8. S 61°45°49” W, a distance of 83.89 feet to a FOUND KFW; 9. S 68°04’54” W, a distance of 90.00 feet to a FOUND KFW; 10. S 73°06’26” W, a distance of 45.17 feet to a FOUND KFW; ll. S 85°38’01” W, a distance of 190.64 feet to a FOUND KFW; 12. N 04°21°59” W, a distance of 19.29 feet to a FOUND KFW; 13. S 85°38’01” W, a distance of 165.00 feet to a FOUND KFW; 14. N 04°21’59” W, a distance of 175.00 feet to a FOUND KFW; 15. N 25°09’15” W, a distance of 57.94 feet to a FOUND KFW;; 16. N 31°52°51” W, a distance of 250.00 feet to a FOUND KFW for a common corner of said Mission Del Lago Unit 17-A TIF and said Mission Del Lago Unit 17-B; Exhibit A / Page 2 QB\8 1057524 5 Doc# 20230096885 05/31/2023 10:08 AM Page 8 of 10 Lucy Adame-Clark, Bexar County Clerk THENCE: along and with the easterly lines of said Mission Del Lago Unit 17-A TIF, the following nine (9) courses:
Doc# 20230096885 05/31/2023 10:08 AM Page 8 of 10 Lucy Adame-Clark, Bexar County Clerk THENCE: along and with the easterly lines of said Mission Del Lago Unit 17-A TIF, the following nine (9) courses: N 31°52’51” W, a distance of 223.16 feet to a FOUND KFW; N 11°39’52” W, a distance of 63.86 feet to a FOUND KFW; N 78°20’08” E, a distance of 4.85 feet to a FOUND KFW; N 11°39°52” W, a distance of 112.98 feet to a FOUND KFW; N 05°35’30” E, a distance of 88.04 feet to a FOUND KFW; N 11°05°19” E, a distance of 43.93 feet to a FOUND KFW; N 19°11°06” E, a distance of 87.80 feet to a FOUND KFW; N 29°10°48” E, a distance of 87.84 feet to a FOUND KFW; N 37°01°39” E, a distance of 649.26 feet to the POINT OF BEGINNING and containing 22, 86 acres more or less, in the City of San Antonio, Bexar County, Texas, and being described in accordance with a survey prepared by KF W Surveying. Bearings are based on NAD83 Texas State Plane South Central Zone.
eae ee he TRACT 6 (13): A 5.693 acre tract of land situated in the Jose Antonio De La Garza Survey Abstract No. 3, New City Block (N.C.B.) 11166, Bexar County, Texas, and being a portion of that called 96.98 acre tract of land as conveyed to Southstar Mission Del Lago Developer, LLC recorded February 27, 2015 in Volume 17107, Page 1426 of the Official Public Records of Bexar County, Texas (O.P.R.), said 5.693 acre tract being more particularly described by metes and bounds in as follows: BEGINNING at a 4" iron rod with cap stamped KFW SURVEYING found (hereinafter referred to as FOUND KFW) for the southwesterly corner of that called 20.000 acre tract of land as conveyed to Syed Ali Shabbir and wife Rais Shabbir and recorded September 16, 2013 in Volume
einafter referred to as FOUND KFW) for the southwesterly corner of that called 20.000 acre tract of land as conveyed to Syed Ali Shabbir and wife Rais Shabbir and recorded September 16, 2013 in Volume 16342, Page 1013 in the O.P.R., and in the northerly line of that called 3.28 acre tract of land as conveyed to the City of San Antonio and recorded July 29, 1994 in Volume 6149, Page 1605 in the O.P.R., and for a southeasterly corner of said 96.98 acre tract and the tract described herein; THENCE: along and with the southerly lines of said 96.98 acre tract and the northerly lines of said 3.28 acre tract, the following two (2) courses: le S 80°55'18" W, a distance of 184.04 feet to a FOUND KFW; z.. S 73°38'54" W, a distance of 182.78 feet to a %" iron rod with cap stamped KFW SURVEYING set (hereinafter referred to as SET KFW); THENCE: over and across said 96.98 acre tract, the following three (3) courses: l. N 13°59'57" E, a distance of 145.36 feet to a SET KFW for the beginning of a non-tangent curve; Z, With said non-tangent curve to the right having an arc of 26.12 feet, a radius of 55.00 feet, a delta of 27°12'44", and a chord bears N 62°23'41" W, a chord distance of 25.88 feet to a SET Exhibit A / Page 3 QB\81057524.5 Doc# 20230096885 05/31/2023 10:08 AM Page 9 of 10 Lucy Adame-Clark, Bexar County Clerk KFW; 3. S 41 °12'41" W, a distance of 148.24 feet to a SET KFW in the northeasterly line of that called 10.01 acre tract of land as conveyed to the City of San Antonio and recorded July 25, 1994 in Volume 6143, Page 1426 in the O.P.R., and a southwesterly line of said 96.98 acre tract; THENCE: N 32°26'40" W, along and with the northeasterly line of said 10.01 acre tract and a southwesterly line of said 96.98 acre tract, a distance of 509.07 feet to a FOUND KFW in the
.98 acre tract; THENCE: N 32°26'40" W, along and with the northeasterly line of said 10.01 acre tract and a southwesterly line of said 96.98 acre tract, a distance of 509.07 feet to a FOUND KFW in the southeasterly right-of-way line of Del Lago Parkway, (a 60' wide R.O.W. per Volume 20002, Pages 586-590 in the Plat Records of Bexar County, Texas) for the northwesterly corner of the tract described herein, and from which a 1" iron pipe found for the most northerly corner of said 10.01 acre tract bears N 32°26'40" W, a distance of 73.05 feet, and for the beginning of a nontangent curve; THENCE: along and with the southeasterly right-of-way line of Del Lago Parkway, the following two (2) courses: 1. With said non-tangent curve to the left having an arc of 41.57 feet, a radius of 430.00 feet, a delta of 05°32'21", and a chord bears N 62°29'08" E, a chord distance of 41.55 feet to a FOUND KFW; :e N 59°42'57" E, a distance of 311.36 feet to a FOUND KFW for the most northerly corner of the tract described herein; THENCE: S 42°42'02" E, over and across said 96.98 acre tract, a distance of 602.40 feet to a FOUND KFW in the westerly line of said 20.000 acre tract; THENCE: S 00°39'08" E, along and with the westerly line of said 20.000 acre tract and an easterly line of said 96.98 acre tract, a distance of 124.14 feet to the POINT OF BEGINNING and containing 5.693 acres more or less, in the City of San Antonio, Bexar County, Texas, and being described in accordance with a survey prepared by KF W Surveying. Bearings are based on NAD83 Texas State Plane South Central Zone.
Exhibit A / Page 4 QB\81057524 5 File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20230096885 Recorded Date: May 31, 2023
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Exhibit A / Page 4 QB\81057524 5 File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20230096885 Recorded Date: May 31, 2023 Recorded Time: 10:08 AM Total Pages: 10 Total Fees: $58.00 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: 5/31/2023 10:08 AM # Lucy Adame-Clark 7 Bexar County Clerk