FIRST AMENDMENT
TO THE MASTER DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
STONE CANYON EAST, A LUXURY RESIDENTIAL DEVELOPMENT
TOWN OF SUNNYVALE, DALLAS COUNTY, TEXAS
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF DALLAS §
THIS FIRST AMENDMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made as of the _____ day of _______________, 2018 by the Leon Goodhart Revocable Trust (hereinafter called the “Developer”).
W I T N E S S E T H:
WHEREAS, on or around March 13, 2007, Stone Canyon East, L.P., a Texas limited partnership (“Declarant”) recorded that certain Master Declaration of Covenants, Conditions and Restrictions at Instrument No. 20070091959 of the Official Public Records of Dallas County, Texas (the “Master Declaration”), covering all of that certain property shown on the Final Plat of Stone Canyon East – Phase 4 recorded at Instrument No. 201800207692 of the Official Public Records of Dallas County, Texas (“Phase 4 Property”); and
WHEREAS, Developer is now the owner of, and acquired all of the development rights from Declarant to, all of the remaining property of Stone Canyon East, a luxury residential subdivision in the Town of Sunnyvale, Dallas County, Texas, including, but not limited to, that certain tract of real property adjacent to the Phase 4 Property, the legal description of which is more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes (“Phase 5A Property”); and
WHEREAS, Article II, Section 2 of the Master Declaration gives Developer the authority to add and burden Phase 5A Property with the covenants, conditions and restrictions set forth in the Master Declaration, and to make certain additions, deletions and modifications to the Master Declaration.
NOW, THEREFORE, Developer hereby amends the Master Declaration as follows:
1. Addition of Property. Developer hereby subjects Phase 5A Property to the covenants, conditions and restrictions set forth in the Master Declaration, subject to the additions, deletions and modifications herein. Notwithstanding the foregoing, whenever the term “Property” in the Master Declaration is used therein, it shall be deemed to refer to both Phase 4 Property and Phase 5A Property.
2. Protective Covenants.
(a) All lots contained within the Phase 5A Property shall be subject to the architectural controls provision (Section 12) in the Master Declaration.
(b) Fences. Article V, Section 13 of the Master Declaration is hereby amended by adding the following lots to the list of lots set forth in the Master Declaration which require wrought iron materials if a side on such lot abuts open space: Lot 203, 204, 205, 206, and 207.
In addition, the portion of any perimeter fence erected along following Lots shall use wrought iron materials:
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the south side of Lot 207;
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3. Severability of Provisions. If any paragraph, section, sentence, clause, or phrase of this First Amendment shall be or become illegal, null, or void for any reason or shall be held by any court of competent jurisdiction to be illegal, null, or void, the remaining paragraphs, sections, sentences, clauses, or phrases of this First Amendment shall continue in full force and effect and shall not be affected thereby. It is hereby declared that said remaining paragraphs, sections, sentences, clauses, and phrases would have been and are imposed irrespective of the fact that any one or more other paragraphs, sections, sentences, clauses, or phrases shall become or be illegal, null, or void.
4. Titles. The titles, headings, and captions which have been used throughout this Declaration are for convenience only and are not to be used in construing this Declaration or any part thereof.
5. Conflicts with Law. Whenever the application of any provision contained in this Declaration, or any Supplement thereto, conflicts with local, state or federal law, such local, state or federal law shall prevail.
6. Except to the extent that this First Amendment adds to or amends the restrictions upon Phase 4 Property, this First Amendment shall in no way alter or amend the terms and conditions of the Master Declaration, it being expressly understood that the provisions of the Master Declaration and this First Amendment are cumulative and that all land, improvements and uses in or on Phase 4 Property are subject to both the Master Declaration and the First Amendment.