CERTIFICATE FOR FILED TARRANT COUNTY TEXAS 2007 SEP 21 PM 3:28 RECORDATION OF DEDICATORY INSTRUMENT OF SUZANNE HENDERSON ENCLAVE AT WILSHIRE PARK HOMEOWNER'S ASSOCIATION INTERK STATE OF TEXAS COUNTY OF TARRANT BY § KNOW ALL MEN BY THESE PRESENTS: cos cos cos WHEREAS, Section 202.006 of the Texas Property Code requires that property owners' association shall file its dedicatory instruments in the real property records of each county in which the property to which the dedicatory instrument relates is located."; and WHEREAS, Enclave at Wilshire Park Homeowner's Association, Inc, a Texas nonprofit corporation (the "Association") desires to comply with Section 202.006 by filing of record in the real property records of Tarrant County, Texas, the attached Articles of Incorporation, being an instrument governing the operation of the Association which has not been heretofore filed of record; and WHEREAS, the Declaration of Covenants, Conditions, Restrictions for Enclave at Wilshire Park was filed as Instrument No. D207314644 in the Real Property Records of Tarrant County, Texas, subjecting to the scheme of development therein certain land described in Exhibit "A" thereto located in Tarrant County, Texas said instrument and any supplements or amendments thereto being referred to herein collectively as the "Declaration"); and WHEREAS, when the Declaration was recorded there was attached to the Declaration in error a copy of Articles of Incorporation which have not been filed with the Secretary of the State of Texas and the Articles attached hereto, being the correct Articles of the Association, are recorded in replacement of the Articles currently attached to the Declaration, NOW, THEREFORE, the undersigned authorized representative of the
reto, being the correct Articles of the Association, are recorded in replacement of the Articles currently attached to the Declaration, NOW, THEREFORE, the undersigned authorized representative of the Association hereby executes this Certificate to effect the recording of the DEDICATORY INSTRUMENT attached hereto on behalf of the Association. The attached Articles shall replace the Articles currently attached to the Declaration.
Inasmuch as this filing has the effect of amending the Declaration, the Declarant joins herein to evidence its consent to this amendment.
EXECUTED effective as of the ASSOCIATION: 21st day of September, 2007.
ENCLAVE AT WILSHIRE PARK HOMEOWNERS' ASSOCIATION, INC.
DECLARANT: John F. Dickerson, President ENCLAVE AT WILSHIRE PARK, LTD: a Texas limited partnership By: JFD OPERATING INC., a Texas corporation, General Partner By: John F. Dickerson, Unofficial Copy THE STATE OF TEXAS Tarrant COUNTY OF DALLAS This instrument was acknowledged before me on the day of September, 2007, by John F. Di HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation, on behalf of said corporation.
SSOCIATION INC, a Texas con-profit on behalf Notary Public, State of Texas DONNA M. SHINER MY COMMISSION EXPIRES December 23 , 2009 THE STATE OF TEXAS ALLAS This instrument was acknowledged before me on the day of September, 2007, by John F. Dickerson, President of JFD OPERATING, INC., a Texas corporation, general partner of ENCLAVE AT WILSHIRE PARK, LTD., a Texas limited partnership on behalf of said corporation and limited partnership.
domaliya Notary Public, State of Texas DONNA M. SHINER MY COMMISSION EXPIRES December 23, 2000 AFTER RECORDING RETURN TO: Hank Dickerson Company 8333 Douglas Avenue, Suite 1300, LB72 Dallas, TX 75225 Unofficial Copy THE
lic, State of Texas DONNA M. SHINER MY COMMISSION EXPIRES December 23, 2000 AFTER RECORDING RETURN TO: Hank Dickerson Company 8333 Douglas Avenue, Suite 1300, LB72 Dallas, TX 75225 Unofficial Copy THE ARTICLES OF INCORPORATION OF ENCLAVE AT WILSHIRE HOMEOWNERS' ASSOCIATION, INC.
FOLLOWS THIS PAGE.
Unofficial Copy ARTICLES OF INCORPORATION OF ENCLAVE AT WILSHIRE PARK HOMEOWNER'S ASSOCIATION, INC.
I, the undersigned natural person of the age of 18 years or more and a United States citizen, acting as incorporator of a corporation under the Texas Non-Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation.
ARTICLE I The name of the corporation is ENCLAVE AT WILSHIRE PARK HOMEOWNERS ASSOCIATION, INC.
ARTICLE II The corporation is a nonprofit corporation.
ARTICLE III The period of its duration is perpetual.
Cial Copy ARTICLETV The corporation is organized to improve, beadify, maintain, manage and operate the Common Areas, Common Facilities and Common Maintenance Areas (as defined in the Declaration hereinafter described) within the Property (as defined in the Declaration), as the same may be reduced or added to accordance with the Declaration; to provide for architectural control of the lots within the Property, and to promote the recreation, health, safety, convenience and welfare of the members of the corporation. In furtherance of such purposes, the corporation shall have the power to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions for Enclave at Wilshire Park Homeowners Association recorded in the Deed Records of Tarrant County, Texas, as the same
s set forth in that certain Declaration of Covenants, Conditions and Restrictions for Enclave at Wilshire Park Homeowners Association recorded in the Deed Records of Tarrant County, Texas, as the same may be amended or supplemented from time to time, and further shall have and may exercise any and all powers, rights and privileges that a corporation organized under the Texas Non-Profit Corporation Act may now or hereafter have or exercise.
Un ARTICLE V The street address of the initial registered office of the corporation is 8333 Douglas Avenue, Suite 1300, Dallas, Dallas County, Texas 75225, and the name of its initial registered agent at such address is John F. Dickerson.
ARTICLE VI The corporation shall have members. The designation of any classes of members, the manner of election or appointment and the qualifications and rights of the members of each class shall be set forth in the Bylaws.
DALLAS: 040357.00079: 1465053v2 i !
ARTICLE VII The number of directors constituting the initial Board of Directors is three (3), and the names and addresses of the persons who are to serve as the initial directors are: John F. Dickerson 8333 Douglas Ave. Suite 1300 Dallas, Texas 75225 Samuel J. Gruner 8333 Douglas Ave. Suite 1300 Dallas, Texas 75225 Jessica R. Winters 8333 Douglas Ave. Suite 1300Dallas, Texas 75225 ARTICLE VIII The name and address of the incorporator is as follows: official Copy John F. Dickerson 6500 Greenville Avenue, Suite 350 Dallas, Texas 75206 ARTICLE IX No part of the net earnings of the corporation shall inure to the benefit of any member, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more
of any member, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more of its purposes set forth in Article IV above), and no director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets on dissolution of the corporation. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publication or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.
ARTICLE X To the extent not disallowed by applicable Federal tax laws, no director of the corporation shall be liable to the corporation for monetary damages for an act or omission in the director's capacity as a director, except for liability of a director for (i) a breach of a director's duty of loyalty to the corporation, (ii) an act or omission not in good faith or that involves intentional misconduct or a knowing violation of the law, (iii) a transaction from which a director received an improper benefit, whether or not the benefit resulted from an action taken within the scope of the director's office, or (iv) an act or omission for which the liability of a director is expressly provided for by statute. If the Texas Non-Profit Corporation Act, the Texas DALLAS: 040357.00079: 1465053v2 2 : Miscellaneous Corporation Laws Act, or other applicable law is amended after adoption of these Articles of Incorporation to authorize corporate action further eliminating or limiting the liability
2 : Miscellaneous Corporation Laws Act, or other applicable law is amended after adoption of these Articles of Incorporation to authorize corporate action further eliminating or limiting the liability of directors, then the liability of a director of the corporation shall be eliminated or limited to the fullest extent permitted by the Texas Non-Profit Corporation Act, the Texas Miscellaneous Corporation Laws Act, or other applicable law, as so amended. This Article Ten shall not impair, limit or otherwise adversely affect any other provision of these Articles of Incorporation or the Bylaws of the corporation with respect to limiting or eliminating the liability of directors, but rather shall be cumulative thereof.
Any repeal or modification of the foregoing paragraph shall not adversely affect any right or protection of a director existing at the time of such repeal or modification.
ARTICLE XI The corporation shall indemnify its directors and officers to the fullest extent provided by the Texas Non-Profit Corporation Act as the same exists or may hereafter be amended.
ARTICLE XII The corporation shall indemnify and hold the undersigned-incorporator harmless from and against any and all loss, cost, damage, expense (including, without limitation, attorneys' fees and expenses) for liability caused by, resulting from or arising out of any action taken or authorized by the incorporator of the corporation in respect of the corporation and organization of the corporation in what he deemed to be in of not opposed to the best interests of the corporation.
Une ficial Copy ARTICLE XIII Any action required to be taken at a meeting of the members or directors of the corporation or any action that may be taken at a meeting of the members or directors or of any
ficial Copy ARTICLE XIII Any action required to be taken at a meeting of the members or directors of the corporation or any action that may be taken at a meeting of the members or directors or of any committee may be taken without a meeting if a consent in writing, setting forth the action to be taken and otherwise in compliance with Section 9.10C of the Texas Non-Profit Corporation Act, is signed by a sufficient number of members, directors or committee members as would be necessary to take that action at a meeting at which all of the members, directors or members of the committee were present and voted.
2007.
IN WITNESS WHEREOF, I have hereunto set my hand, as of the 17th day of September, JOHN F. DICKERSON 3 DALLAS: 040357.00079: 1465053v2 HANK DICKERSON CO 8333 DOUGLAS AVE 1300 LB 72 DALLAS TX 75225 Submitter: JOHN F DICKERSON Copy SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 09/21/2007 03:32 PM Instrument #: D207338433 profficia $40.00 D207338433 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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