4 AFTER RECORDING RETURN TO: Tim Hagen Glast, Phillips & Murray, P.C.
2200 One Galleria Tower 13355 Noel Road Dallas, Texas 75240 FILED TARRANT COUNTY TEXAS 2010 MAR 15 PM 2:37 SUZANNE HENDERSON BY.
COUNTY CERK FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SKYLINE RANCH, FORT WORTH, TEXAS THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SKYLINE RANCH, FORT WORTH, TEXAS (this "Amendment") is made by WILBOW-SKYLINE DEVELOPMENT CORPORATION, a Texas corporation ("Declarant"), as of the 3rd day of 3rd day of February, 2010.
WHEREAS, Declarant executed that certain Declaration of Covenants, Conditions and Restrictions for Skyline Ranch, Fort Worth, Texas, dated March 6, 2007, recorded in the Official Public Records of Real Property of Tarrant County, Texas, under Document No. D207082551 (the "Declaration"); and WHEREAS, Section 12.02 of the Declaration provides that during the time Declarant is the owner of a Lot, Declarant may amend the Declaration with the consent of at least seventy percent (70%) of the owners of Lots subject to the Declaration; and WHEREAS, Declarant owns at least seventy percent (70%) of the Lots subject to the Declaration or has obtained the consent of owners of at least seventy percent (70%) of the Lots subject to the Declaration; and WHEREAS, Declarant desires to amend the Declaration; and WHEREAS, capitalized terms not defined in this Amendment shall have the meanings given to such terms in the Declaration.
NOW, THEREFORE, Declarant declares that the Declaration is hereby amended as follows: 1.
Section 3.02 of the Declaration is amended to read as follows: 3.02 Classes of Membership. The Association shall have two (2) classes of voting membership:
Declaration is hereby amended as follows: 1.
Section 3.02 of the Declaration is amended to read as follows: 3.02 Classes of Membership. The Association shall have two (2) classes of voting membership: CLASS A. Class A Members shall be all Members with the exception of Class B Members. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote 1 03 for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any such Lot.
CLASS B. Class B Members shall be Declarant and any bona fide Owner who is engaged in the process of constructing a residential dwelling on any Lot for sale to consumers. Declarant shall be entitled to six (6) votes for each Lot owned by all Class B Members. Class B Members other than Declarant shall be non-voting Members of the Association. The Class B membership shall cease, and each Class B Member shall become a Class A Member, upon the earlier to occur of the following: (i) when the total number of votes outstanding in the Class A Membership is eight (8) times greater than the total number of votes outstanding in the Class B Membership; or (ii) when Declarant no longer owns record title to any of the Lots; or (iii) on the twentieth (20th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Tarrant County, Texas.
Notwithstanding the voting rights within the Association, until the Declarant no longer owns record title to any of the Lots or the twentieth (20th) anniversary of
unty Clerk of Tarrant County, Texas.
Notwithstanding the voting rights within the Association, until the Declarant no longer owns record title to any of the Lots or the twentieth (20th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Tarrant County, Texas, whichever occurs first in time, the Association shall take no action with respect to any matter whatsoever without the prior written consent of the Declarant.
Owners of exempt properties as described in Section 5.11 hereof shall be Members but shall not have voting rights.
2.
The Declaration, as expressly amended herein, remains in full force and effect and is hereby ratified and confirmed.
2 EXECUTED as of the date set forth above.
DECLARANT: WILBOW-SKYLINE DEVELOPMENT CORPORATION, a Texas corporation By: Chas Fitzgerald, President STATE OF TEXAS COUNTY OF DALLAS တာတ This instrument was acknowledged before me on February 3 2010, by CHAS FITZGERALD, President of WILBOW-SKYLINE DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation.
My Commission Expires: 05-30-2012 Marta Cady Notary Public, State of Texas A. Cady margaret A (Printed or Typed Name of Notary) MARGARET A CADY My Commission Expires May 30, 2012 3 CONSENT, JOINDER AND SUBORDINATION OF MORTGAGEE FROST BANK, the mortgagee holding a current deed of trust lien on all or a portion of the Property subject to the Declaration, does hereby consent to the execution and recordation of the foregoing, First Amendment to Declaration of Covenants, Conditions and Restrictions for Skyline Ranch, Fort Worth, Texas, and agrees that all liens currently held by it shall be subject and
ion of the foregoing, First Amendment to Declaration of Covenants, Conditions and Restrictions for Skyline Ranch, Fort Worth, Texas, and agrees that all liens currently held by it shall be subject and subordinate to the provisions of the foregoing First Amendment to Declaration.
EXECUTED this the 18 day for. FEBRUARY 2010.
FROST BANK STATE OF TEXAS COUNTY OF DALLAS cos cos cos By: Name: Title: LARRY CH EXEC.
V.P.
This instrument was acknowledged before me on Larry Chilton of said bank.
My Commission Expires: 1-5-2012 , Exec. Vice 2/18 2010, by President of FROST BANK, on behalf Sean Stod Notary Public, State of Texas Sean Thackerson (Printed or Typed Name of Notary) NOTARY STATE OF PUBLIC EXIS SEAN THACKERSON Notary Public STATE OF TEXAS My Comm. Exp. 01-05-2012 SUZANNE HENDERSON COUNTY CLERK ANT GLAST PHILLIPS & MURRAY 2200 ONE GALLERIA TOWER 13355 NOEL RD DALLAS, TX 75240 Submitter: WILBOW SKYLINE DEVELOPMENT COUNTY 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: Instrument #: 3/15/2010 2:36 PM D210056745 OPR PGS $28.00 By: Organ H Henderaan D210056745 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.
Prepared by: CAMADDOCK