2022 - 2022000143039 09/22/2022 02:49 PM Page 1 of 9 FIRST AMENDMENT TO DECLARATION OF THE ADRIATICA VILLAGE WEST CONDOMINIUMS VILLAGE WEST THIS FIRST AMENDMENT TO THE ADRIATICA CONDOMINIUMS (this "Amendment") is made and entered into as of the 1st day of September, 2022 (the "Effective Date"), by HIMALAYAN VENTURES, L.P., a Texas limited liability company (the "Declarant”).
RECITALS: WHEREAS, Declarant is the "Declarant" named in that certain Condominium Declaration for Adriatica Village West Condominiums, dated May 26, 2021, and recorded on July 1, 2019, in Document Number 20210527001070330, Official Public Records of Collin County, Texas (the "Declaration"); icial WHEREAS, Declarant caused the Declaration to be recorded against the "Property" more particularly described in the Declaration (the "Property"), and WHEREAS, pursuant to Section 82.060 of the Texas Uniform Condominium Act set forth in Chapter 82 of the Texas Property Code, and pursuant to Section 10.2 of the Declaration, during the "Development Period" defined in the Declaration (which period is 25 years after the date of recordation of the Declaration), the Declaration may be amended by the Declarant to exercise, in the Declarant's sole discretion, certain development rights, including the right to subdivide Units, create new Units, and to revise the dimensions and voting percentages of existing Units; and WHEREAS, the Development Period has not expired; and WHEREAS, the Declarant desires to amend Exhibit B and Exhibit C to the Declaration for the purpose of subdividing certain Units into new Units and revising the dimensions and voting percentages of certain Units, as described in the amended Exhibits attached hereto; NOW, THEREFORE, the Declaration is hereby amended in the following particulars:
d revising the dimensions and voting percentages of certain Units, as described in the amended Exhibits attached hereto; NOW, THEREFORE, the Declaration is hereby amended in the following particulars: The condominium plat, being Exhibit B to the Declaration, is hereby deleted in its entirety and in lieu thereof is inserted the condominium plat attached to this Amendment as Exhibit A, which is hereby incorporated herein.
2.
The Schedule of Allocated Interests, being Exhibit C to the Declaration, is hereby deleted in its entirety and in lieu thereof is inserted the Schedule of Allocated Interests attached to this Amendment as Exhibit B, which is hereby incorporated herein.
3. Except as herein provided, all of the terms, covenants, conditions and stipulations contained in the Declaration, as amended, shall continue with like force and effect and to all legal intents and purposes, and the Property, and the Owners thereof, shall continue to be bound by the Declaration as amended hereby.
First Amendment to Condominium Declaration of the Adriatica Village West Condominiums - Page 1 3825458v1 2022 - 2022000143039 09/22/2022 02:49 PM Page 2 of 9 IN WITNESS WHEREOF, the Declarant has hereunto set forth its signature as of the day and year set forth above.
STATE OF TEXAS COUNTY OF COLLIN cos cas co DECLARANT: Himalayan Ventures, L.P., a partnership By: Texas limited Denali Summit, LLC, a Texas limited liability company, General Partner By: This instrument was acknowledged before me on this Unofficial day of by David Brooks, Manager of Denali Summit LLC a Texas limited liability company, General Partner of Himalayan Ventures, L.P., a Texas limited partnership, on its behalf.
NOTARY STATE OF PUBLIC CINDY PRUDICH Notary ID #130829157 My Commission Expires September 20, 2024
ity company, General Partner of Himalayan Ventures, L.P., a Texas limited partnership, on its behalf.
NOTARY STATE OF PUBLIC CINDY PRUDICH Notary ID #130829157 My Commission Expires September 20, 2024 September 2022, Cinder Prudica Notary Public, State of Texas First Amendment to Condominium Declaration of the Adriatica Village West Condominiums - Page 2 3825458v1 2022 - 2022000143039 09/22/2022 02:49 PM Page 3 of 9 CONSENT, JOINDER AND SUBORDIATION OF MORTGAGEE The undersigned, the mortgagee holding a current deed of trust lien on all or a portion of the Project (as such term is defined in the Declaration), does hereby consent to the execution and recordation of the foregoing First Amendment to Condominium Declaration of the Adriatica Village West Condominiums, and agrees that all liens currently held by it shall be subject and subordinate to all the provisions of the foregoing First Amendment to Condominium Declaration of the Adriatica Village West Condominiums.
Executed this 21st day of September Inwood National Bank STATE OF TEXAS COUNTY OF DALLAS This instrument September Sve cos cos cos By: Name: Unofficial on the 21 day of Keil Strickland ROBIN BRITTON Notary ID 12490062-4 My Commission Expre New Butt Notary Public, State of Texas First Amendment to Condominium Declaration of the Adriatica Village West Condominiums – Page 3 3825458v1 2022 - 2022000143039 09/22/2022 02:49 PM Page 4 of 9 Exhibit A Plat and Plans of Improvements Attached on the Following Pages Unofficial First Amendment to Condominium Declaration of the Adriatica Village West Condominiums – Page 4 3825458v1 2022 - 2022000143039 09/22/2022 02:49 PM Page 5 of 9 2772ZAZ UNIT TAKE 02 R K P.O.B FOUND OUT COORDINATED TIDAS MORTH COVE 202 ייה: w1 60° 50" 09 00° MAT" LIFTXS LANE EAS DOC. 05-0110746
e 4 3825458v1 2022 - 2022000143039 09/22/2022 02:49 PM Page 5 of 9 2772ZAZ UNIT TAKE 02 R K P.O.B FOUND OUT COORDINATED TIDAS MORTH COVE 202 ייה: w1 60° 50" 09 00° MAT" LIFTXS LANE EAS DOC. 05-0110746 26 MUTUAL ACCESS. FRE LANE, AND WATER EASEMENT ODC, NO. 2021-318 MLORD BE TO PULT UFT 4,000THED NOT MULT 2 24 MUTUAL ACCESS & FIRE LANE ESMT.
"CAD, G, PG 007 ACCESS & FIRE LANE EASEMENT DOC. DS-0110746 PANG LAT STEEL POO NPT 118.01 FOUND 1/2 ial SOUT ONEBRIDGE DRIVE HSTOOMACE.
LINITH LOT LANE AND UTUAL NO 21-315 OT TR ADRIATICA VOL 20 C.T TEAD HOT T ONUT ALT 25 MUTUAL ACCESS. FIRE LANE, AND WATER LASEMENT Une SCALE - 90' UNY AX www SHEET 1 OF 2 ROUND MEDITERRANEAN DRIVE CABINET QFACE, MRCCA IN ACCESS. THE LANE AND SANITARY SEWER EASEMENT DOC 2021-0521001035890 CONDOMINIUM PLAT ADRIATICA VILLAGE WEST CONDOMINIUMS OWNER HIMALAYAN VENTURES LP 6625 MEDITERRANEAN MCKINNEY, TEXAS 75070 SURVEYOR DOUGLAS W. UNDERWOOD R.P.L.S. NO. 4709 3404 INTERURBAN ROAD DENISON, TEXAS First Amendment to Condominium Declaration of the Adriatica Village West Condominiums - Page 5 3825458v1 2022 - 2022000143039 09/22/2022 02:49 PM Page 6 of 9 SHEET 2 OF 2 LEGAL DESCRIPTION Situated in the City of Mckinney, Collin County, Texas out of the Henry Johnson Survey, Abstract No. 482, and being Lot 7R3, Block A, Adriatico Addition, according to the plot recorded in Volume 2019, Pags 317, Plot Records, Colin County, Taxos and being more particularly described by mates and bounds as follows: Beginning at a found "x" in concrete at the northwest comer of said Lot 7R3; Thence North 89°28'11' East with the north fine of sold Lot 7R3, distance of 48.25 feet to a found;"x" in concrete Thence continuing with sold north line and a cune to the left having a radius of
7R3; Thence North 89°28'11' East with the north fine of sold Lot 7R3, distance of 48.25 feet to a found;"x" in concrete Thence continuing with sold north line and a cune to the left having a radius of 300.00 feel. "chord bears North 7914'46" East, 106.49 feet" on arc length of 107.06 feet to a found "x" In concrete; Thence continuing with said north line and a reverse curve to the right having a rodius of 300.00 feet, "chord bears North 7914'48 East, 106.49 feet" an are length of 107.06 feet to a found "x" in concrate at the northeast comer of said Lot 7R3; Thenca North 89°28'11" East, a distance of 30.74 feet to a found "x" in concrete at the northeast corner of sold Lot 7R3; Thence with the east line of sold Lot 7R3 the following calls and distances: South 0031'48" East, a distance of 131.05 feet to a found 1/2" steel rod, North 89°28'11" East, a distance of 116.01 fent to a found 1/2" steel rod, South 00'31'49" East, a distance of 356.61 feet to a found 1/2" steel rod, North 88°28'11" Ecal, a distance of 19.06 feet to a found 1/2" steel rod, South 17°28'07 East, a distance of 31.25 feet to a set 1/2" steel rod South 72'31'53" West, a distance of 36.13 feet to a set 1/2" steel rod, South 17°28'07 East, a distance of 109.26 feet to a set 1/2" steel rod at the southeast comer of sald Lot7R3, being in the north the of Mediterranean Drive; Thence along the north line of said Mediterranean Drive the following calls and distances: with a non-tangent curve to the left having a radius of 532.00 feet, "chord bar South 73°08'46" West, 11.41 feet" an orc length of 11.41 fee!
South 72°31'53" West, a distance of 115.58 feet to a found 1/2" steel rod at the southeast corner of Lot 1RZ, Block A, Adriatico Addition, according to the plat
11.41 feet" an orc length of 11.41 fee!
South 72°31'53" West, a distance of 115.58 feet to a found 1/2" steel rod at the southeast corner of Lot 1RZ, Block A, Adriatico Addition, according to the plat recorded in Voluma 2019, Page 317, of sold Plot Records Thence along the north the of Lot 182 the following calls and distances: North 1726'54" West, a distance of 45.60 feet to a 1/2" steel rod found; South 73°45'50" Weat a distance of 69.00 feet to a 1/2" steel rod found; North 62°38'53" West a distance of 3.91 feet to a 5/8" steel rod found; South 7216'58" West a distance of 57.34 fest to a 5/8" steel rod found in the east ine of Stonebridge Drive; Thence North 1736'27" Weat, along the east line of sold Stonebridge Drive, o distance of 438.93 feet to a 1/2" steel rod found; Thence continuing along the east line of sald Stonebridge Drive with a longant curve to the right having a radius of 990.00 feet, "chord bears North 11'37'58 West 206.12 feet on arc length of 206.49 feet to the Point of Beginning and containing 4.519 acres or 196,841 square feet of land.
GENERAL NOTES 1. Bol of Bearings Grid North, Nod 83, Tero State Plane Coordinate System, North Central Zone 2. Location of Improvements shown hereon ore proposed and laken from construction plans prepared by Over Engheering Why T tallon of city Notice selling a portion of this Additon by metes and bounde ardinance and interte fow and subject to pity ordinance and late for and lubject to fine and the withholding of used and building permit 4 All portions of the condominium regime other than the unit when in this put are general common element (ed in the decoration) une the lobaled med common elements (as defined in the decoration) In the plot.
5 Building A, B, C, D,
ium regime other than the unit when in this put are general common element (ed in the decoration) une the lobaled med common elements (as defined in the decoration) In the plot.
5 Building A, B, C, D, E, F., & KT and K2 and carton common elemente (Rejuding parking space) surrounding each of those units are concepts only and object to change puravent to the declamants development rights further described in the Unofficial BEARINGS - GRID NORTH, STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE.
2. LOCATION OF IMPROVEMENTS SHOWN HEREON ARE PROPOSED AND TAKEN FROM CONSTRUCTION PLANS PREPARED BY CROSS ENGINEERING 3. NOTICE SELLING AORTION OF BY METES AND BOUNDS IS MOLATION CITY ORDIANCE AND STATE LAW AND IS SUBJECT TO TY CRCIANCE AND STATE LAW AND IS SUBSECT TO FINES AND THE THHOLDING OF UTUDES AND SUILDING PERMITS SURVEYOR'S CERTIFICATE Davalos W. Underwood, Registered Professional Land Surveyor In ond for the State of Texos, do hereby state that, to the best of my knowledge, this Plat contains the information outlined in the Texas property Code, Section 82.059 and is in a format Tegusated by the Declarent.
OWNER HIMALAYAN VENTURES LP 6625 MEDITERRANEAN MCKINNEY, TEXAS 75070 SURVEYOR DOUGLAS W. UNDERWOOD R.P.L.S. NO. 4709 3404 INTERURBAN ROAD DENISON, TEXAS TATE OF DOUGLAS UNDERD 4709 Acw.ad CONDOMINIUM PLAT ADRIATICA VILLAGE WEST CONDOMINIUMS First Amendment to Condominium Declaration of the Adriatica Village West Condominiums – Page 6 3825458v1 2022 - 2022000143039 09/22/2022 02:49 PM Page 7 of 9 Unit/Building A Unit/Building B Unit/Building C Unit/Building D Exhibit B Allocation of Ownership Interest in Common Elements Square Footage (Need Not Be Built)* 4,158 (Need Not Be Built)* 6,385 (Need Not Be Built)* 16,000 (Need Not Be Built 3,900 Owner's Undivided Interest
Allocation of Ownership Interest in Common Elements Square Footage (Need Not Be Built)* 4,158 (Need Not Be Built)* 6,385 (Need Not Be Built)* 16,000 (Need Not Be Built 3,900 Owner's Undivided Interest in the Common Elements, Liability for Common Expenses, and Votes in the Association 8.4760% 21.2399% 5.1772% Unofficial Unit/Building E (Need Not Be Built)* 5.7003% Unit/Building F (Need Not Be Built)* 9.0389% Unit/Building G (Need Not Be Built)* 6.4198% Unit Building H 5,744 Unit/Building I 11,594 Unit/Building J 7,041 Unit/Building K1 2,536 Unit/Building K2 2,033 7.6251% 15.3909% 9.3469% 3.3665% 2.6988% First Amendment to Condominium Declaration of the Adriatica Village West Condominiums – Page 7 3825458v1 Total 2022 - 2022000143039 09/22/2022 02:49 PM Page 8 of 9 75,330 100.0000% *Units A through G need not be built by Declarant as indicated above. Accordingly, the foregoing Units have not been created, and will not be created, if ever, until subsequent amendment to this Exhibit B and the Declaration. All information contained in this Exhibit B with respect to such Units that need not be built are projections and remain subject to change by Declarant pursuant to Declarant's Development Rights set forth in the Declaration. To the extent Declarant elects to build any of the Units that Declarant need not build otherwise the actual square footage of such Units will be reflected on subsequent amendments to this Exhibit B and the Declaration.
Unofficial First Amendment to Condominium Declaration of the Adriatica Village West Condominiums – Page 8 3825458v1 2022-2022000143039 09/22/2022 2:52 PM Page 9 of 9 Collin County Honorable Stacey Kemp Collin County Clerk Recorded On: September 22, 2022 02:49 PM Total Recording: $54.00 " Instrument Number: 2022000143039
2022000143039 09/22/2022 2:52 PM Page 9 of 9 Collin County Honorable Stacey Kemp Collin County Clerk Recorded On: September 22, 2022 02:49 PM Total Recording: $54.00 " Instrument Number: 2022000143039 eRecording - Real Property AMENDMENT Examined and Charged as Follows: " official Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: Receipt Number: 2022000143039 20220922000514 Recorded Date/Time: September 22, 2022 02:49 PM User: Station: Amanda S Station 3 COUNTY COURT OF COLLIN COUNTY Record and Return To: CSC STATE OF TEXAS COUNTY OF COLLIN I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Public Records of Collin County, Texas.
Honorable Stacey Kemp Collin County Clerk Collin County, TX Spacey Kemp