RETURN TO: 2023 - 4401 02/24/2023 03:54 PM Page 1 of 6 LONE STAR ABSTRACT & TITLE CO., INC.
GF# 309323 SLN (NH) FIFTH Midland County Clerk Unofficial Cop OF TEXAS PLEMENTAL DECLARATION OF DE-ANNEXATION & AMENDrk Unofficial Copy COUNTY OF MIDLAND § cos cos cos § § Midland This FIFTH SUPPLEMENTAL DECLARATION OF DE-ANNEXATION & AMENDMENT ("Fifth Supplemental Declaration") is made effective as of the date of its filing in the Official Public Records of Midland County, Texas by Mission Estates Property Owners' Association, or its duly authorized agent.
RECITALS WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Mission Estates Property Owners' Association, executed by HBF Development, Inc., as Declarant, and recorded on September 30, 1983 at Volume 720, Page 693 in the Real Property Records of Midland County, Texas (the "Declaration"), which established certain restrictive covenants and bylaws for the scheme of development in and to certain tracts of land described therein; WHEREAS, on or about.
lerkates Copy and Restrictions of Mission 783, Page 221 in the WHEREAS Clerk Midland 1984, a First Amendment to the Declaration of Covenants, Conditionscial Copy Property Owners' Association ("Association") was recorded at Property Records of Midland County, Texas (the "First Amended or about July 15, 2015, a Supplemental Declaration of of Mission Estates Property Owners' Association was recorded at the Real Property Records of Midland County, Texas (the "First Clerk Mitro and WHEREAS, on or about July 15, 2015, a Second Supplemental to the Number 2015Declaration"); of Covenants, Conditions and Restrictions of Mission Estates Property Owners' Association was recorded at Instrument Number
bout July 15, 2015, a Second Supplemental to the Number 2015Declaration"); of Covenants, Conditions and Restrictions of Mission Estates Property Owners' Association was recorded at Instrument Number 2015-16686 in the Real Property Records of Midland County, Texas (the "Second Supplemental Declaration"); WHEREAS, on or about July 15, 2015, a Third Supplemental to the Declaration of Covenants, Conditions and Restrictions of Mission Estates Property Owners' Association was recorded at Instrument 2015-16687 in the Real Property Records of Midland County, Texas (the "Third Supplemental Declaration"); WHEREAS, on or about August 10, 2017, a Fourth Supplemental to the Declaration of Covenants, Conditions and Restrictions of Mission Estates Property Owners' Association was recorded at Instrument 2017-23743 in the Real Property Records of Midland County, Texas (the "Fourth Supplemental Declaration").
WHEREAS, Contained in Artigle This Declaration person of Unofficial Copy Section 2 of the Declaration it states as follows: ay be amended or terminated only by the affirmative vote of Member Inofficial Copy representing Majority of the total number of votes of the Association. Members max K proxy at a meeting duly called for such purpose, written notice of all members at least thirty (30) days in advance and shall set forth ke in Midland Colt Notwithstanding the foregoing to the contrary, no amendment 6 Midland shall be of such remove, revoke, 2023 - 4401 02/24/2023 03:54 PM Page 2 of 6 official Copy modify or restrict any become effective WHEREAS, the Copy Night Dprivilege of Declarant, nor may any amendment or termination December 31, 2009, without the written consent of Declarant.
Declaration wimbers of the Association have voted in accordance to Article XI
Dprivilege of Declarant, nor may any amendment or termination December 31, 2009, without the written consent of Declarant.
Declaration wimbers of the Association have voted in accordance to Article XI § in accordance with Section 209.0041 of the Texas Property Code antion 2 of and consented to this Fifth Supplemental Declaration that formally amends the tract of land described by metes and bounds on Exhibit 1 ("Property”),( cer Midlancorporated herein by reference; and WHEREAS, the Property is going to be bound by Property Owners' Association have approved is attached hereto and Veidland aclaration to de-annex that w restrictive venan in favor of the Mission Estates AGREEMENT NOW THEREFORE, pursuant to Article XII of the Declaration, the Association and the undersigned do hereby de-annex the Property from the Declaration as if was never originally included as part of the Mission Estates Property Owners' Association The Association and the undersigned hereby declares that the Property shall no longer be bound, held, sold, used and conveyed subject to the covenants, conditions, and restrictions set forth in the Declaration, and further the Association and the undersigned hereinafter bind their heirs, executors, administrators, successors and assigns.
The Declaration is further hereby and supplemented as follows: 1. De-Annexation. Ther: Copy d Exhibiicial Copy which is described on Exhibit A-5 to the Declaration and to this Fifth Sunamental Declaration, being one and the same, shall no longer be bound sold, Uno liens old, or subject to the covenants, conditions, restrictions, casements, 1 in the Declaration of Mission Estates, as amended and/or sunnsment Midland County Restrictive Covenants. The Property shall be expressly
ubject to the covenants, conditions, restrictions, casements, 1 in the Declaration of Mission Estates, as amended and/or sunnsment Midland County Restrictive Covenants. The Property shall be expressly covenants for the benefit of the Mission Estates Property County of the property owner and shall expressly touch and cont Property as follows: from time the following restrictive Association and the detriment I run with the lands covered by the The Property is expressly prohibited to be used, leased or otherwise utilized as a (a) cemetery (b) jail or honor farm (c) mobile home park or recreational vehicle campground (d) junk or salvage yard (e) movie theater (f) adult bookstore or other establishment selling or exhibiting sexuallyoriented materials (h) massage parlor (i) sexually oriented modeling studio (j) porn shop (k) smoke and toke store or similar business that sells merchandise as drug paraphilia (1) car wash (m) nail salon (n) gaming or gambling establishment (0) commercial, for-profit, fueling station available to the general public.
Save and except the Property de-annexed by of the Declaration are hereby declared to Is Fifth Supplemental Declaration, the terms and provisions full force and effect with respect to the remaining property covered by the Declaration within Mission Estates. In the event that any conflict exists between the terms and provisions of the Declaration as previously amended and/or supplemented, this Fifth Supplementeficial Copy, Declaration shall prevail By executing this ork consents Supplemental Declaration, the Association and the owner of the Midland Countypproves this Fifth Supplemental Declaration and hereby declares t hereby Midland Count the Property is 2023 - 4401 02/24/2023 03:54 PM Page 3 of 6 longer subject to the Copy
owner of the Midland Countypproves this Fifth Supplemental Declaration and hereby declares t hereby Midland Count the Property is 2023 - 4401 02/24/2023 03:54 PM Page 3 of 6 longer subject to the Copy restrictive covenants oictive Chants contained in the Declaration and shall only be subject to the Midland Co Am this Fifth Supplemental Declaration.
EXECUTER day of February, 2023, but effective for all purposes as of the Memorant of this Fifth Supplemental Declaration is recorded in the Official Midjord County, Texas.
ของ Unofficial Cop Midland County Records of (Signature and acknowledgement to follow) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2023 - 4401 02/24/2023 03:54 PM Page 4 of 6 MISSION EST erk Unofficial Copy A Texas PROPERTY OWNERS' ASSOCIATION Midland Courofit corporation Scott St Louis, President & Director STATE OF TEXAS COUNTY OF MIDLAND cascos § cos Midland County Clerk Unofficial Copy This instrument was acknowledged before me on this 15th day of February, 2023 by Scott St Louis, President & Director of Mission Estates Property Owners' Association, a Texas nonprofit corporation, on behalf of said corporation.
HOTARY PUBL Unofficial Copy NOTARY PUBLIC STATE OF TEXAS Midland ColerANCES L SEELY WE OF TEXAS MY COMM. EXP. 11/29/24 NOTARY ID 12511615-9 Frances Seely Notary Public, State of Texas Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2023 - 4401 02/24/2023 03:54 PM Page 5 of 6 BEING THE SAME 3.651-ACRE TRAPCARD 1179 PAGE 371 OF THE EXHIBIT "1" PREVIOUSLY DESCRIBED AS TRACT "G" IN VOLUME "F" DRILL SITE AGROUNTY DEED RECORDS AND ALSO DESCRIBED AS EXHIBIT T&P RY CO.
age 5 of 6 BEING THE SAME 3.651-ACRE TRAPCARD 1179 PAGE 371 OF THE EXHIBIT "1" PREVIOUSLY DESCRIBED AS TRACT "G" IN VOLUME "F" DRILL SITE AGROUNTY DEED RECORDS AND ALSO DESCRIBED AS EXHIBIT T&P RY CO.
DESCRIBED IN VOLUME 1055 PAGE 68 AND VOLUME 1055 103 OF SAID UNTY DEED RECORDS, LOCATED IN SECTION 10, BLOCK MIDLAND COUNTY TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Midunty (CONTROL MONUMENT) FOUND AT THE NORTH CURVED EAST RIGHT-OF-WAY LINE OF FAUDREE ROAD, County 2-S, CAP MARKED "RPS RIGHT-OF-WAY AS DESCRIBED IN CABINET D PAGE ORNER OF THIS TRACT ON THE -FOOT DEDICATED PUBLIC THE MIDLAND COUNTY PLAT RECORDS, AND ALSO BEING A AN INTERIOR CORNER OF THAT CERTAIN 79.801-ACRE TRACT 1, AS DESCRIBED IN VOLUME 1944 PAGE 131 OF SAID MIDLAND COUNTY DEED RECORDS, WHENCE A 1" IRON PIPE (CONTROL MONUMENT) FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 19 BLOCK 41 BEARS NORTH 75°51'34" EAST, A DISTANCE OF 4,597.40 FEET AND SOUTH 14°08'26" EAST, A DISTANCE OF 1,287.52 FEET, AND A ½" IRON ROD WITH CAP MARKED "LCA ODESSA TX” (CONTROL MONUMENT) FOUND ON THE WEST RIGHT-OF-WAY LINE OF SAID FAUDREE ROAD AND A CUT-BACK CORNER OF LOT 6, BLOCK 1 OF PARKS ESTATES, 4TH FILING AS DESCRIBED IN CABINET C PAGE 114-B OF THE ECTOR COUNTY PLAT RECORDS BEARS SOUTH 71°23'13" WEST, A DISTANCE OF 120.28 FEET AND A CHORD OF SOUTH 18°04'12" EAST, A DISTANCE OF 74.27 FEET; THENCE SOUTH 74°00'50" EAST DISTANCE OF 732.59 FEET TO THE EAST CORNER OF al' copy SOUTHERN LINE OF SAID 79.801-ACRE TRACT, A ON THE POINT OF CHISARON ROD WITH CAP MARKED “LCA ODESSA TX" SET AT ACT AND AN INTERIOR CORNER OF SAID 79.801-ACRE OF THE NORTH RIGHT-OF-WAY LINE OF SANTA FE DRI VARIABLE WIDTH RUBLIC RIGHT-OF-WAY AS DESCRIBED IN CABINET D
ON ROD WITH CAP MARKED “LCA ODESSA TX" SET AT ACT AND AN INTERIOR CORNER OF SAID 79.801-ACRE OF THE NORTH RIGHT-OF-WAY LINE OF SANTA FE DRI VARIABLE WIDTH RUBLIC RIGHT-OF-WAY AS DESCRIBED IN CABINET D (CORRECTION OF THE MIDLAND COUNTY PLAT RECORDS; THENCounty Ble LONG THE CURVED RIGHT-OF-WAY OF SAID SANTA FE cial Copy Clerka hofficial Copy 342 A CURVE TO THE WA SOUTHWESTERLY DIRECTION, HAVING A RADIUS LENGTH OF 555.00 FEET, A DELTA MidlaLE OF 35°25'54", AN ARC LENGTH OF 343.21 FEET, A GNON prounty LENGTH OF 337.77 FEET BEARING SOUTH 62°18'13" WEST TO A ½" IRON ROD WITH RUSTIC CAP MARKED “LCA ODESSA TX" SET AT THE POINT OF REVERSE CURVATURE OF SAID SANTA FE DRIVE; THENCE ALONG THE CURVED RIGHT-OF-WAY OF SAID SANTA FE DRIVE, A CURVE TO THE RIGHT IN A SOUTHWESTERLY DIRECTION, HAVING A RADIUS LENGTH OF 490.00 FEET, A DELTA ANGLE OF 34°19'59", AN ARC LENGTH OF 293.62 FEET, A CHORD LENGTH OF 289.25 FEET BEARING SOUTH 61°45'16" WEST TO A ½" IRON ROD WITH PLASTIC CAP MARKED “LCA ODESSA TX" SET AT THE POINT OF TANGENCY AND A CUT-BACK CORNER, WHENCE A TEXAS DEPARTMENT OF TRANSPORATION RIGHT-OF-WAY MONUMENT WITH A BRASS DISK (CONTROL MONUMENT) BEARS SOUTH 09°16'55" EAST, A DISTANCE OF 116.77 FEET; THENCE NORTH 55°22'55" WEST WITH ROD WITH CAP MARKED “LCA ODES CUT-BACK, A DISTANCE OF 28.88 FEET TO A 1/2" IRON OF FAUDREE ROAD BEING A THENCE ALONG THE X" SET ON THE SAID CURVED EAST RIGHT-OF-WAY LEFT, IN A NORTHWERE TO THE LEFT; RIGHT-OF-WAY OF SAID FAUDREE ROAD, A CURVE TO ' DIRECTION, HAVING A RADIUS LENGTH OF 3,726.21 Anofficial Copy A DELTA ANGLE OF 5738", AN ARC LENGTH OF 495.68 FEET, A CHORD LENGTH OF .68 FEET BEARING NOR 14°47'59" WEST TO THE POINT OF THE BEGINNING CONTAINING 3.653 SURFACE ORES.
Midland Midland County 2023-4401 02/24/2023 3:56 PM Page 6 of 6 Midland County
FEET, A CHORD LENGTH OF .68 FEET BEARING NOR 14°47'59" WEST TO THE POINT OF THE BEGINNING CONTAINING 3.653 SURFACE ORES.
Midland Midland County 2023-4401 02/24/2023 3:56 PM Page 6 of 6 Midland County Alison Haley Midland County Clerk Instrument Nu 4401 Real Property Midland County Clerk Unofficial Copy Recorded On: February 24 Total Recording: $42.00 03:54 PM Number of Pages: 6 " Examined and Charged as Follows: PROPERTY Any provision herein which restricts the Sale, Rental or use of the described PE because of color or race is invalid and unenforceable underte av File Information: Document Number: Midlan Receipt Number: 4401 20230224000111 Recorded Date/Time: February 24, 2023 03:54 User: Station: COUNTY COUR MIDLAND UNTY, TEXAS Cristella G cc10288 and Cour NTY OF MIDLAND Alison Haley Clerk Unoffi eRecording Partners rd and Return To: 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 Records of Midland County, Texas.
Midland County Clerk Midland County, TX Auson Haley Midlan