BOOK 1281 PAGE 453 AFTER RECORDING RETURN TO: Clerk Unofficial Copy Commonwealth Land Title Company of Dallas 8333 Douglas Avenue, Suite 130 Dallas, Texas 75225 Attention: Carol Erick of ☑ts.
2347 AGREEMENT FOR AMENDMENT OF AMENDMENT NRESTATEMENT OF DECLARATION OF COVENANTS.
CADITIONS AND RESTRICTIONS FOR POLO PARK Agreement for Amendment of Amendment and Restatement of Declaration Conditions and Restrictions for Polo Park (this "Agreement") is by Polo Park Associates ("Declarant") and Midland Retirement Residence ted Partnership ("MRRLP").
RECITALS: and A. Declarant is the Declarant under that certain Amendment Restatement of Declaration of Covenants, Conditions and Restrictions for Polo Park (the "Declaration") executed April 16, 1992, effective as of April 16, 1982, and recorded on April 16, 1992 at Volume 815, Page 389, Real Property Records, Midland County, Texas. MRRLP is the owner of the following property (the "Subject Property"), which was recently conveyed to MRRLP by Colson & Colson Construction Co. ("C&C"): Being LOT TWO (2), BLOCK TEN (10), POLO PARK ADDITION SECTION 6, an addition to the City of Midland, Midland County, Texas, according to the map or plat thereof recorded in Cabinet D, Page 356, Plat Records, Midland County, Texas.
B.
The Declaration amends and restates various prior restrictive covenants, conditions and restrictions covering all or part of the development known as Polo Park in Midland County, Texas, including, but not limited to, those instruments recorded at Volume 720, Pages 119, 463 and 599; Volume 783, Pages 65, 444 and 638, and Volume 815, Page 241, Real Property Records, Midland County, Texas (the "Prior Restrictions") such that the Prior Restrictions have, in their entirety, been amended and restated by the Declaration.
nd Volume 815, Page 241, Real Property Records, Midland County, Texas (the "Prior Restrictions") such that the Prior Restrictions have, in their entirety, been amended and restated by the Declaration.
C. It has always been intended that the Subject Property could be used for and operated as a residential retirement center. At the me C&C purchased the Property in 1986 it was contemplated that the Subject Property would be developed as a retirement center, Declarant specif consented to and approved said use and the Subject Property has beenged for such use. The Declaration and Prior Restrictions were adopted for the purpose of covering those portions of Polo Park dedicated to single familyoutex residential development, and were not intended to cover or restrit ommercial tracts, including the Subject Property.
D.
MRRLP and C&C have ask Pelarant to clarify and (if and to the extent necessary) amend the Declaration to confirm the foregoing.
Therefore, in considera receipt and sufficienc attorney-in-fact for Declaration), hereb Midland County Clerk Unofficial Cop of $10.00 and other valuable consideration, the ich is acknowledged, Declarant, for itself and as and every Owner (as such term is defined in the declares and agrees as follows: (as The Subject Property is not a part of the Subdivision the Declaration). Neither the Declaration nor any of the Prior trictions in any way affects, covers or encumbers any of the Subject roperty; if and to the extent they may affect, cover or encumber the ubject Property, the Subject Property is hereby released from the Declaration and Prior Restrictions.
Midlan Midlan Unofficial Copy BOOK 1281 PAGE 454 Midland 2.
Without limiting Para Bunty Clerk Unofficial Copy above, nothing in the Declaration or Prior Restrictions shall
tion and Prior Restrictions.
Midlan Midlan Unofficial Copy BOOK 1281 PAGE 454 Midland 2.
Without limiting Para Bunty Clerk Unofficial Copy above, nothing in the Declaration or Prior Restrictions shall ct or prohibit the Subject Property's use for or operation as a Mit residential retirement center, or any appurtenant uses, or the struction of such a facility thereon.
3.
not a "Tract" 4.
With imiting Paragraph 1 above, the Subject Property is ✓ term is defined in the Declaration.
eclarant deems the execution of this Agreement to be now Declan is executing this Agreement on behalf of itself, as Declarant The Declaration, and on behalf of each of the Owners (as such term defined in the Declaration) pursuant to the power of attorney under Section 10.1 of the Declaration. This Agreement is being executed prior to the tenth anniversary of the recordation of the Declaration.
5. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors and assigns, and all Owners, as such term is defined in the Declaration, their heirs, successors and assigns. This Agreement amends the Declaration. In the event any portion of this Agreement is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall be construed as if such illegal, invalid or unenforceable provision(s) had never been contained herein. This Agreement may not be amended without the express written agreement of MRRLP, its successors and assigns, and any and all powers of attorney in favor of any other party with respect to any right to amend this Agreement are expressly revoked as they relate to this Agreement or the Subject Property. This Agreement may be executed in multiple
in favor of any other party with respect to any right to amend this Agreement are expressly revoked as they relate to this Agreement or the Subject Property. This Agreement may be executed in multiple counterparts, which shall collectively constitute one instrument.
Executed effective as of the later of the parties' acknowledgements set forth below.
POLO PARK ASSOCIATES, individually and on behalf of all Owners, as such term is defined in the Declaration described above Midlan By: Name: Title: ial Co MIDLAND RETIREMENT RETENCE LIMITED PARTNERSHIP By: Colson & Gere Name: Partner Construction Co., E.
Coh William E. Colson.
Title: MANAGING gever Alportven Midland County Clerk Und -2Unofficial Copy Midlan BOOK 1281 PAGE 455 STATE OF TEXAS COUNTY OF This instrument was acknowl a Texas general partnershi as attorney-in-fact for Owners.
before me on Midland County Clerk Unofficial Copy My Commission Expires: STATE OF OREGUN 1995, by of Polo Park Associates, On behalf of said partnership, and in its capacity of the "Owners" described above, on behalf of said Notary's Printed, Typed Name Notary Public, State of Texas Midlan COUNTY OF MARION § S This instrument was acknowledged before me on William E. Colson February & 1995, by MANAGING Several portion of Colson & Colson Construction Co., an Oregon general partnership, general partner of Midland Retirement Residence Limited Partnership, an Oregon limited partnership, on behalf of said limited partnership.
My Commission Expires: 6-19-95 AAkus Notary Public, State of OREGON Patricia A.Aken, Notary's Printed, Type me CIAL SEAL.
CIA A. A.
ISSION NO Midland County Clerk Unofficial Cop -312. 1995 ALBEAN CIA A..
TARY PUBLIC COMMISSIO MY COMMISSION EXPIRES 19 1995 Filed for Record on the 10
Printed, Type me CIAL SEAL.
CIA A. A.
ISSION NO Midland County Clerk Unofficial Cop -312. 1995 ALBEAN CIA A..
TARY PUBLIC COMMISSIO MY COMMISSION EXPIRES 19 1995 Filed for Record on the 10 Duly Recorded this the INSTRUMENT NO.
2347 day of February A.D. 1995, at 4:01 o'clock PM.
B day of February.
_A.D . 1995, at 0:220'clock am.
ROSENELLE CHERRY, COUNTY CLERK MIDLAND COUNTY, TEXAS By Abbey Tedrich.
Unofficial Copy , Deputy Midlan