ELECTRONICALLY RECORDED 201700361936 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT JS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
AFTER RECORDING, RETURN TO: Bryan Heights Condominium Association, Inc.
c/o Essex Association Management, L.P.
1512 Crescent Drive, Ste. 112 Carrollton, Texas 75006 SECOND AMENDMENT TO CONDOMINIUM DECLARATION FORE HEIGHTS CONDOMINIUMS THIS SECOND AMENDMENT TO CONDOMINIU HEIGHTS CONDOMINIUMS (this “Amendment”) is made a day of ,A,. 22, 2017, by BRYAN HEIGHTS DEVE!
liability company (“Declarant”).
WHEREAS, Declarant executed ¢hat cesta Ondominium Declaration for Bryan Heights Condominiums dated July” 19, 201 ed on August 9, 2017 in Document ds6f Dallas County, Texas, as amended and laration for Bryan Heights Condominiums { in ‘Documert Number 201700269942, of Official Public 3 Ss & which record is here made for all purposes (as ti recorded on September 22, Records of Dallas County, Té amended and modified, th¢ 9 ‘die dy ime and from time-to-time without the Joinder or consent of any atera’ q ided by this Amendment, which shall run with the land and title subject to the amended by this Amendment, and shall be binding on all persons having any the Declaration, as amended by this Amendment, and their respective heirs, legal representatives, successors-in-title and assigns.
NOW, THEREFORE, Declarant does hereby adopt this Amendment as follows: 1. Definitions. Unless otherwise defined in this Amendment, all capitalized words or
in-title and assigns.
NOW, THEREFORE, Declarant does hereby adopt this Amendment as follows: 1. Definitions. Unless otherwise defined in this Amendment, all capitalized words or terms used herein shall be defined and have the meaning set forth in the Declaration as modified and amended hereby.
2 Amendment(s). The Declaration is hereby modified and amended in the following respects: (a) Any and all references to “mixed-use” in the Declaration, includin without limitation, references in Section 3.7 and Section 10.5 of the Declaration, ar hereby modified and amended to read “residential.”
(b) The definition of “Building” in Section 1.1 of the Declaratig amended and restated to read in its entirety as follows: ““Building(s).” Any building or two or more building hereinafter defined) Building Four (as hereinafter defing hereinafter defined).”
(c) The definition of “Decl Declaration is hereby amended and resta af U ecember 31, 2092, during which period Declarant n its sole discretion, officers and directors to the Board ery other than Declarant, not less than one-third (1/3) of the off the Board must be elected by non-Declarant Owners. The new subclauses (g) and (h) thereunder: “(g) notice of any action by the Association to file a suit against the Declarant (which shall be subject to the provisions of Article XI regarding resolution of Disputes).
“(h) notice of any delinquencies in the collection of Assessments due hereunder in an aggregate amount equal or greater than an amount equal to twenty percent (20%) of the Association’s then approved Budget.”
(e) Section 13.2 is hereby modified and amended to add a new sentence to the end of such Section to read as follows:
an amount equal to twenty percent (20%) of the Association’s then approved Budget.”
(e) Section 13.2 is hereby modified and amended to add a new sentence to the end of such Section to read as follows: “Upon acquisition of any Units or portion of the Property owned by the De by a Mortgagee of Declarant holding any Priority Lien Indebtedne sole election and discretion, assume the rights of “Declare Declaration by filing a written instrument in the County public pé its assumption of the rights of Declarant hereunder with r and/or Property acquired by such Mortgagee of Declarant, (f) The Condominium Plat including the 3. No Other Effect. Except as oP provisions of the Declaration are not amen 4. Severability. Invalidatio#’ gf-4n) ision of this Amendment by judgment or court order shall in no way affg ep ' ision of this Amendment, or the remainder of this Amendment, which shal orce and effect. Furthermore, in lieu of each such illegal, invalid, or unenfop on, there shall be added automatically as a part of this x§ to such illegal, invalid, or unenforceable provision as Amendment a provision a p d enforceable.
eadings contained in this Amendment are for reference purposes only and ‘shall n affect the meaning or interpretation of this Amendment.
OF PAGE LEFT BLANK - SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF, the undersigned have executed this Amendment effective as of the date set forth above.
DECLARANT: BRYAN HEIGHTS DEVELOPMENT LLC, a Texas limited liability cox By: Name: Title: STATE OF TEXAS § § COUNTY OF DAUAS — § BEFORE ME, the undersigned authority, on of BRYAN HEIGHTS DEVBLOPMENT/LLC, a Texas limited liability company, known to me to be the person andxofficer Whose“nathe is subscribed to the
NTY OF DAUAS — § BEFORE ME, the undersigned authority, on of BRYAN HEIGHTS DEVBLOPMENT/LLC, a Texas limited liability company, known to me to be the person andxofficer Whose“nathe is subscribed to the foregoing instrument, and acknowledged to me that s/he Sxecuted the same for the purposes and consideration therein expressed, and as the act and dzed vf sajd limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND ee Go OFFICE, this T4~ day of personally appeared DECEHBER , 2017 setting, KIMBERLY NICOLE s vl Pe Notary Public, State 2, FN 2eF Comm, Expres QZ 76 Caine aces mE eee Nototy ID 4 4 Milly, aw CONSENT AND SUBORDINATION OF LIENHOLDER The undersigned, being the beneficiary under that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 16, 2016, executed by Bryan Heights Development LLC (the “Borrower”) and recorded on August 17, 2016, in Document Number 201600227297, in the Official Public Records of Dallas County, Texas, together with any modifications, supplements, restatements or amendments thereto, hereby consents to the Condominium Declaration for Bryan Heights Condominiums dated July 19, 2017, and recorded on August 9, 2017 in Document Number 201700223969, of the Offici Document Number 201700269942, of Official Public Records of Dallas County, Texé further amended and modified by that certain Second Amendment to Condominiu m. De terms thereof, and furthermore subordinates its lien < and intere terms, provisions, covenants, conditions and restrictions under the De of its lien will not extinguish the terms, provisions, covenants, cond the Declaration.
Ons andfrestrictions under MITED PARTNERSHIP, ROMSPEN MORTGA an Ontario limited paftnershi
rictions under the De of its lien will not extinguish the terms, provisions, covenants, cond the Declaration.
Ons andfrestrictions under MITED PARTNERSHIP, ROMSPEN MORTGA an Ontario limited paftnershi PROVINCE OF ONTARI CITY OF TORONT. ) acknowledged before me on the?Ary/ day of /Vc VEN EK.
hay“Authorized Signing Officer of Romspen Fund GP Inc., an Ontario p ip, an Ontario limited Notary’s s commission n expires: DES WOT OXY RE SCHEDULE 1 CONDOMINIUM PLAT WITH SURVEYOR’S CERTIFICATION §) [SEE ATTACHED] S iS utoCad.pc3 EX S WATER [4115-3002, SH.36) EX WATER IP-501 EX WATER 10.3082, SH.360 av12 "" CUT IN CONCRETE FOUND EX 12" WATER 1480-3052 SK.
STM.SEW.
VIRGINIA AVENUE 150 PUBLIC RIGHT-OF-WAY) 44:5415 54.1054.0 54.0 54.0' CONCRETE WALK 20.1 40,0 20'x20' VISIBILITY TRIANGLE = ESAM JEW 480-3052, Sh এই G OP 1450 GRIGSBY AVE.
BUILDING TWO 4-STORY is to 2nd floor 9-8" 2nd to 3rd floor 10'-8" 4th to roofline UNIT 204 10.8 UNIT 203 BRYAN HEIGHTS DEVELOPMENT LLC INST. NO. 201600227296 D.R.D.C.T.
UNIT 202 LOTH 2 CONCRETEN 7-11" UNIT 201 20x20 VISIBILITY TRIANGLE ما 15.2 UNIT 205 15.6 22.8 1 TRON PIPE FOUND 4 CHAUM LINK FEMCE 10.8 CONCRETE WALK WOOD CHOE 143.05 LOT 12 140.0 LOT 13 22.8' 10.0 20.1 ROD FOUND 1/21 IFOL 17.0 15.6' 1/2 IRON ROD W/ROOME CAP FOUND = 55 1919-3032 SH 142 GON RON FOUND) EK 12 WATER 15.7 140.0 GRICSBY AVENUE I 45' PUBLIC RIGHT-OF-WAY CONCRETE WALK 11-13 ES SANSEW, 1410-3052, 56.38.39 EX GA UNIT 105 UNIT 104 UNIT 103 109.5 16.3 PARKING GUEST 52.96' EX B SAMSEW.
L帐,12000 1/2 IRON FOUND 54.57 15300 PARKING 16.9 54,0 216.57 54.00' 10.9-10.9 10.5 32 28.3 1430 GRIGSEY AVE.
BUILDING ONE 4-STORY 4141.70' ONIT 102 UNIT IOI 9-8"
UEST 52.96' EX B SAMSEW.
L帐,12000 1/2 IRON FOUND 54.57 15300 PARKING 16.9 54,0 216.57 54.00' 10.9-10.9 10.5 32 28.3 1430 GRIGSEY AVE.
BUILDING ONE 4-STORY 4141.70' ONIT 102 UNIT IOI 9-8" Is to 2nd floor 2nd to 3rd floor = 10-8" th to roufline = 7UNIT 304 UNIT 303 109.5' LOT 19 LOT 20 109.5 4705 BRYAN ST.
BUILDING THREE 3-STORY BLOCK 5/710 V. 130, P.
D.R.D.C.T.
C PRIVATE MUTUAL ACCESS EASEMENT INST, NO 201700010605 D.P.R.D.C.T.
141.80 CONCRETE 2nd to 3rd floor 3rd to roofline UNIT 302 UNIT 30!
109.5 LOT 18 BRYAN HEIGHTS 141.89 WST. NO. 201600227296 DR.D.C.T.
LOT 19 109.5 Ist to 2nd floor = 9-8" 10'-8" 9-10" SCRUGGS SUBDIVISION CONCRETE WALK DEVELOPMENT LLC UNIT 405 UNIT 404 16.5 GUEST PARKING 4709 BRYAN ST.
BUILDING FOUR 3-STORY 15.2' 28.3' 10.9.10.9 32.1 10.9 10.9 9 DOUBL INLET 54.00' 20 x20' VISIBILITY TRIANGLE 15.9 15.3 157 20x20 VISIBILITY 19 TRIANGLE 1 15.1 ών 15.9 2nd to 3rd floor = 10-8 3rd to roofline 9-10" UNIT 403 UNIT 402 UNIT 40!
Official Copy 140.0 V.
140.0' 54.0' 1/2 IRON ROO W/ROWE CAP FOUND OHP 54.0 17.2 GUEST 54.00' PARKING 17.4 1.0 10 32.1 109.5 713 BRYAN ST.
BUILDING FIVE 3-STORY Is to 2nd floor 2nd la 3rd floor = 10-8" 9-8" d to roofline 9-10" UNIT 505 UNIT 504 UNIT 503 UNIT 502 UNIT 501 109.5 CONCRETE PRIVATE DRAINAGE EASEMENT INST NO 201700029355 OP.R.O.CT.
LOT 17 0 2 22 LOT 18 PRIVATE MUTUAL 141.99 ACCESS EASEMENT INST NO 201700010605 O.P.R.D.C.T.
CONCRETE 109.5 Is to 2nd floor 9-8" 10.9 32.1 CONCRETE WALK 32.1 1.0 1.0 32.1 10.9 20.0 1/2" IRON ROD FOUND 54.00 $4.0" L 45°00'00 W 216.00m EX B SAN,SEW CONCRETE WALATA-3063 5.69 15.2 20'x20 VISIBILITY TRIANGLE 20x20 VISIBILITY TRIANGLE 15.8 15.2 54.00 SCHAM LINK FENCE 142.08' CHAIN LINK FENCE, WROUGHT IRON FENCE LOT 16, BLOCK 5/710 SCRUGGS SUBDIVISION
-3063 5.69 15.2 20'x20 VISIBILITY TRIANGLE 20x20 VISIBILITY TRIANGLE 15.8 15.2 54.00 SCHAM LINK FENCE 142.08' CHAIN LINK FENCE, WROUGHT IRON FENCE LOT 16, BLOCK 5/710 SCRUGGS SUBDIVISION D.R.D.C.T.
54.0 20.0 CONCRETE WALK CH HHO EX 54 STMSEW 1421-761 EX STM:EW.
EX WATER ELE 14110-3053, SH.681 EX WATER 1400-3003, 84,68,59 BRYAN STREET 180: PUBLIC RIGHT-OF-WAY EX 4 CAS Oe K &s & iled and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 12/29/2017 09:47:34 AM $54.00 201700361936 fp