Vlg at CC S5/FP-CS 970408 AP; C1997 !I
FIRST AMENDMENT TO DECLARATION ...~.
OF COVENANTS AND RESTRICTION~ ~3[.3~..~ L2;[Y' · ;:,£~
FOR .....................
VILLAGE AT COTTONWOOD CREEK SECTION V
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS AND
RESTRICTIONS (this "First Amendment"), made this fi/ day of March, 1997, by GRAND
LAND 96, L.P., a Texas limited partnership ("Declarant");
WITNESSETH:
A. Declarant has heretofore executed and filed for record in the Deed Records of
Dallas County, Texas, a certain Declaration of Covenants and Restrictions for Village at
Cottonwood Creek Section V (the "Declaration").
B. The City of Coppell, Dallas County, Texas, has required certain amendments to
the Declaration as set forth below, and Declarant accordingly desires to hereby amend the
Declaration in accordance with the requirements of the City.
NOW, THEREFORE, Declarant, being the owner of all of the Lots within the Properties
and pursuant to the right of amendment granted to it in Section 9.3 of the Declaration, hereby
amends the Declaration as hereinafter set forth:
1. The definition of "Common Maintenance Areas" set forth in Article I of the
Declaration is hereby amended to read as follows:
"'Common Maintenance Areas' shall mean and refer to (i) the landscaped areas
adjacent to the entry of the Subdivision which are not part of any Lot, (ii) those
other areas within the Properties as the Board may elect to include within
'Common Maintenance Areas' from time to time for maintenance by the
Association, (iii) any specific common areas with respect to which the City may
hereafter require that the Association perform landscape maintenance, and (iv) any
common area or space shown on the recorded plat."
2. Section 3.3 of the Declaration is hereby amended by adding thereto a new
paragraph (c) to read as follows:
"(c) Should the Declarant, the Association or its Board fail or refuse to
maintain such Common Maintenance Areas to City specifications for an
unreasonable time, not to exceed ninety (90) days after written request to do so,
the City, by and through a majority of the City Council members, shall have the
same right, power and authority as is given to the Association and its Board to
enforce this Declaration and levy assessments in the manner set forth herein. It is
understood that in such event, the City may elect to exercise the rights and powers
of the Association or its Board, to the extent necessary to take any action required
PEDAL: 104485.2 24763-00003
and levy any assessment that the Association might have, either in the name of the
Association, or otherwise, to cover the cost of maintenance of such Common
Maintenance Areas."
Except as amended hereby, the Declaration shall continue in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, this First Amendment has been executed by Declarant on the
day and year first above written.
DECLARANT:
GRAND LAND 96, L.P.,
a Texas limited partnership
By:
Grand Texas Homes, Inc.,
Gen~
~President
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the p! day of March, 1997, by
Stephen H. Brooks, President of Grand Texas Homes, Inc., General Partner of GRAND
LAND 96, L.P., a Texas limited partnership, on behalf#of such limited partnership.
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~t'i, '~ )*j Nom.?Fuet!c, Sta'teofTexaa I~
~ \y%~:<:...~..;?" [,tS,~mm,as'.cnE×'~:,cs ~,;3y 9,1997 ~ /~otary Public in and for
~-.;; ........ . .... ~ the State of Texas
My Commission Expires:
Printed Name
REDAL: 104485.2 24763-00003 -2-