AFTER RECORDING, PLEASE RETURN TO: Judd A. Austin, Jr.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 SECOND SUPPLEMENTAL CERTIFICATE AND MEMORANDUM OF RECORDING OF DEDICATORY INSTRUMENTS FOR SHILOH LAKES PHASE ONE AND SHILOH LAKES PHASE TWO OF MCKINNEY SHILON RANCH HOMEOWNERS ASSOCIATION, INC.)
STATE OF TEXAS COUNTY OF COLLIN 88888 The undersigned, as attorney for McKinney Shiloh Ranch Homeowners Association, Inc., nofficial for the purpose of complying with Section 202, 006 of the Texas Property Code and to provide public notice of the following dedicatory instruments affecting the owners of property described on Exhibit B attached hereto, hereby states that the dedicatory instruments attached hereto are true and correct copies of the following: 1.
Termination of Declarant Rights (Exhibit A-1); 2. Resignations of Directors to the Board of Directors of McKinney Shiloh Ranch Homeowners Association, Inc.
(Exhibit A-2); and Certificate and Resolution of the Board of Directors and Architectural Control Committee of McKinney Shiloh Ranch Homeowners Association, Inc. Regarding Procedures for New Construction Submissions for Living Units (Exhibit A-3).
-1All persons or entities holding an interest in and to any portion of property described on Exhibit B attached hereto are subject to the foregoing dedicatory instruments.
IN WITNESS WHEREOF, McKinney Shiloh Ranch Homeowners Association, Inc. has caused this Second Supplemental Certificate and Memorandum of Recording of Dedicatory Instruments for Shiloh Lakes Phase One and Shiloh Lakes Phase Two to be recorded in the Official Public Records of Collin County, Texas; and serves to supplement that certain Certificate and
edicatory Instruments for Shiloh Lakes Phase One and Shiloh Lakes Phase Two to be recorded in the Official Public Records of Collin County, Texas; and serves to supplement that certain Certificate and Memorandum of Recording of Dedicatory Instruments for Shiloh Lakes Phase One and Shiloh Lakes Phase Two filed on June 11, 2012, as Instrument No. 20120611000691880 in the Official Public Records of Collin County, Texas; and that certain First Supplemental Certificate and Memorandum of Recording of Dedicatory Instruments for Shiloh Lakes Rhase One and Shiloh Lakes Phase Two filed on January 17, 2014, as Instrument No. 20140117000050300 in the Official Public Records of Collin County, Texas.
Unofficial MCKINNEY SHILOH RANCH HOMEOWNERS ASSOCIATION, INC.
By: Its: Attorney -2STATE OF TEXAS COUNTY OF DALLAS cos cos cos BEFORE ME, the undersigned Notary Public, on this day personally appeared Vinay B.
Patel, attorney for McKinney Shiloh Ranch Homeowners Association, Inc., known to me to be the person whose name is subscribed on the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated.
2015.
GIVEN UNDER MY HAND AND AFFIRMED SEAL OF OFFICE on this 24 day of April, Notary Public State of Texas BEVERLY PETREA BATES Notary Public, State of Texas My Commission Expires April 28, 2017 Unofficial -3NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS COUNTY OF COLLIN cos cos cos § KNOW ALL PERSONS BY THESE PRESENTS: TERMINATION OF DECLARANT RIGHTS
N THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS COUNTY OF COLLIN cos cos cos § KNOW ALL PERSONS BY THESE PRESENTS: TERMINATION OF DECLARANT RIGHTS THIS TERMINATION OF DECLARANT RIGHTS (this Termination") is made as of the 24th day of MARCH 2015 by LANDON SHILOH RANCH, LLC, a Texas limited liability company ("Declarant”).
ficial WHEREAS, Declarant has conveyed to McKinney Shiloh Ranch Homeowners Association, Inc. (the "Association”) certain real property located in the City of McKinney, Collin County, Texas (the "Property"); and WHEREAS, pursuant to the terms and conditions of the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Shiloh Ranch and Provisions for McKinney Shiloh Ranch Homeowners Association, Inc., recorded as Instrument No.
20101025001155120 in the Official Public Records of Collin County, Texas (as amended, the "Declaration"), Declarant desires to terminate any and all of its rights thereunder.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1.
Termination of Declarant Rights. Effective as of the date hereof, Declarant hereby voluntarily relinquishes and terminates any and all of its rights and obligations as Declarant under the Declaration (the Declarant Rights").
2. Declaration of No Assumption or Transfer of Declarant Rights. Effective as of the date hereof, Declarant declares and affirms that the Declarant Rights have not been assigned, assumed, transferred or otherwise conveyed to any such designee.
3. Delegation of ACC Appointments. In accordance with Article IV of the
s and affirms that the Declarant Rights have not been assigned, assumed, transferred or otherwise conveyed to any such designee.
3. Delegation of ACC Appointments. In accordance with Article IV of the Declaration, Declarant hereby delegates and assigns to the Board of Directors of the Association all of its rights under the Declaration, including the right to appointment and remove all members of the Architectural Control Committee.
TERMINATION OF DECLARANT RIGHTS Page 1 4. Relinquishment of Right to Approve Amendments. In accordance with Article XXX, Declarant hereby relinquishes its rights to approve amendments to the Declaration.
5. Right to Annex. Declarant, in conjunction with this Termination, waives, disclaims, and relinquishes any and all of its rights to annex additional property pursuant to Article XXI of the Declaration.
IN WITNESS WHEREOF, the Declarant has executed this Termination of Declarant Rights as of the day and year first above written.
DECLARANT: LANDON SHILOH a Texas limited cial By: Im R.
VICK PRESIDENT STATE OF TEXAS COUNTY OF COLLIN cos cos cos This instrument was acknowledged before me on the 24TH day of MARCH, 2015, by John R. Landon, President of LAND ON SHILOH RANCH, LLC, a Texas limited liability company, in his capacity and on behalf of said limited partnership.
STATE OF T SHERRY KELLY MARTINO My Commission Expires January 24, 2018 Kelly War Notary Public in and for the State of Texas TERMINATION OF DECLARANT RIGHTS Page 2 EXHIBIT A-2 RESIGNATIONS OF DIRECTORS TO THE BOARD OF DIRECTORS OF MCKINNEY SHILOH RANCH HOMEOWNERS' ASSOCIATION, INC.
The undersigned, being all the Directors of McKinney Shiloh Ranch Homeowners Association, Inc. (the “Association”) do hereby consent to and approve of the following resolution,
NERS' ASSOCIATION, INC.
The undersigned, being all the Directors of McKinney Shiloh Ranch Homeowners Association, Inc. (the “Association”) do hereby consent to and approve of the following resolution, and each and every action effected thereby: Resignation of Current Directors WHEREAS, John R. Landon, David Rich and Beau Brooks, have each tendered their resignations as officers and directors of the Association.
RESOLVED, that subject to the election of no less than three (3) individuals at the March 24, 2015 Transitional Meeting, the resignations of John R. Landon, David Rich and Beau Brooks, as officers and directors of the Association will be recognized and accepted FURTHER RESOLVED, that the resignations will not be recognized or accepted if the election described above does not take place at the March 24, 2015 Transitional Meeting.
IN WITNESS WHEREOF, this unanimous consent is signed to be effective as of March 24, 2015.
Unofficial By: John R. Landon, Director David Rich, Director Beau Brooks, Director File: Shiloh Ranch/HOA RESIGNATIONS OF DIRECTORS TO THE BOARD OF DIRECTORS OF MCKINNEY SHILOH RANCH HOMEOWNERS' ASSOCIATION, INC.
The undersigned, being all the Directors of McKinney Shiloh Ranch Homeowners Association, Inc. (the "Association") do hereby consent to and approve of the following resolution, and each and every action effected thereby: Resignation of Current Directors WHEREAS, John R. Landon, David Rich and Beau Brooks, have each tendered their resignations as officers and directors of the Association.
RESOLVED, that subject to the election of no less than three (3) individuals at the March 24, 2015 Transitional Meeting, the resignations of John R. Landon, David Rich and Beau Brooks,
he Association.
RESOLVED, that subject to the election of no less than three (3) individuals at the March 24, 2015 Transitional Meeting, the resignations of John R. Landon, David Rich and Beau Brooks, as officers and directors of the Association will be recognized and accepted 24, 2015.
FURTHER RESOLVED, that the resignations will not be recognized or accepted if the Unofficia Jon R. Landon, Director David Rich, Director By: Beau Brooks, Director STATE OF TEXAS COUNTY OF COLLIN § cos cos cos § EXHIBIT A-3 CERTIFICATE AND RESOLUTION OF THE BOARD OF DIRECTORS AND ARCHITECTURAL CONTROL COMMITTEE OF MCKINNEY SHILOH HOMEOWNERS ASSOCIATION, INC REGARDNG PROCUEDURES FOR NEW CONSTRUCTION SUBMISSIONS FOR LIVING UNITS WHEREAS, the Board of Directors of McKinney Shiloh Ranch Homeowners Association, Inc. (the "Board"), is the entity responsible for the operation of the McKinney Shiloh Ranch Homeowners Association, Inc. (the “Association”), in accordance with and pursuant to that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions for Shiloh Ranch and Provisions for McKinney Shiloh Ranch Homeowners Association, Inc., filed on October 25, 2010, Unofficial and recorded as Instrument No. 2010-1025001155120 in the Official Public Records of Collin County, Texas, and any and all supplements thereto and amendments thereto (collectively, the "Declaration"); and WHEREAS, under Article IV of the Declaration, the Architectural Control Committee ("ACC") has jurisdiction over al modifications, additions or alternations made on or to existing improvement, on any Lot, and is authorized to promulgate design guidelines and application procedures; and WHEREAS, under Article IV of the Declaration, no building, fence, wall, outbuilding or
isting improvement, on any Lot, and is authorized to promulgate design guidelines and application procedures; and WHEREAS, under Article IV of the Declaration, no building, fence, wall, outbuilding or other structure or improvement may be installed, maintained, or placed on any Lot until the complete 1 plans, including site plans, floor plans, and exterior elevations, are submitted and approved in writing by the ACC; and WHEREAS, a meeting of the Board and ACC was held on the 2015 (the "Meeting") at which a quorum was present; and Day TH day of MARCH WHEREAS, a motion was made at the Meeting to approve and formally adopt a procedure applicable and limited to all applications for new construction of a Living Unit submitted by a Builder Member; and WHEREAS, the presented procedure expressly grants cia from having to submit Required Plans to the ACC so long as the Living Unit is consistent with the high level of taste, design, quality, harmony and architectural conformity throughout the McKinney Shiloh Ranch subdivision (the "Exemption");" WHEREAS, the presented procedure further expressly grants the Exemption to Grand Homes with respect to the plans listed on Exhibit A which is incorporated herein for all purposes; WHEREAS, the procedure was discussed and presented for a vote at the Meeting; and WHEREAS, the ACC and the Board determined that it is within the best interest of the Association to adopt the procedure, and WHEREAS, the procedure was approved and adopted unanimously at the Meeting.
NOW, THEREFORE, BE IT RESOLVED, that the that the procedure is hereby adopted, ratified, promulgated and hereby irrevocable pursuant to the powers granted to the ACC and the Board under the Declaration.
BE IT FURTHER RESOLVED, that this Resolution is effectively immediately.
2
, ratified, promulgated and hereby irrevocable pursuant to the powers granted to the ACC and the Board under the Declaration.
BE IT FURTHER RESOLVED, that this Resolution is effectively immediately.
2 MCKINNEY SHILOH RANCH HOMEOWNERS ASSOCIATION, INC.
By DANIKIWAWH, Pident SKRIMTARY ARCHITECTURAL CONTROL COMMITTEE By Unoffici 3