VOL 8/5 PAGE soy ows ae, «yo?
oe we vo provided by ordinances, rules, and regulation 212558 we . FIRST AMENDMENT TO ge DECLARATION OF COVENANTS x) AND RESTRICTIONS FOR PECAN go go This First Amendment to Declaration enants and Restrictions for Pecan Acres, Addition (thj4 endment") is executed this “#/# day of d , 19 y the undersigned representing the Owners of twofthirds (2/3) or more of all Lots in the Subdivision.
WHEREAS, Magnatex Industries, Inc. executed that certain Declaration of Covenants and Restrictions for Pecan Acres Addition (the "“Declaration") dated December 8, 1982 and recorded in Volume 720, Page 447 in the real property records of Midland County, Texas creating covenants as to limitations, restrictions and uses to which the real property (the “Property") described on Exhibit A attached hereto and made a part hereof may be put; WHEREAS, pursuant to Pa aph 7.1 of the Declaration, the Declaration may be ame the Owners of two-thirds (2/3) of ajl Lots in the Subdiny on; WHEREAS , Fo d@ersigned, representing the Owners of two-thirds or more of all Lots in the Subdivision, desire to modif \ cerms of the Declaration; and EAS, pursuant to Paragraph 7.1 of the Declaration ent has been approved by the appropriate gov, u : gulatory body of the City of Midland, Texas, ~ Natal Midland, Texas, for approval of meee NOW, THEREFORE, the Declaration is hereinafter provided.
ereby amended as dks Paragraph 2.1 of the Declaration is hereby deleted in its entirety and the following Paragraph 2.1 is substituted therefor: 2.1 Lot Usage. All lots in the Subdivision shall be used and occupied for single family residential purposes only. No Owner or other occupant shall use or occupy any Lot, or permit the same or any
or: 2.1 Lot Usage. All lots in the Subdivision shall be used and occupied for single family residential purposes only. No Owner or other occupant shall use or occupy any Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than s a private single family residence for gNower or such Owner’s tenant and théir ae As used herein, the term "single is residential purposes" shall be deemed gitironinit specifically, but without Limi ggg , the use of Lots for duplex apartments oy, r apartment use; provided, however, that g ge apartments which are used by the Owner’s x’ ws amily are permitted provided that Owner shall ge not vy lease such apartments. Except as provi Go above, no Lot shall be used or occupied fo Ss business, commercial, trade or pr onal ye purpose. Notwithstanding the forego AN Owner e may use a portion of a single fam lling for private office use; provided, ho , that such private office may not be used fdr the purpose of receiving customers, clients, vendors, or other similar persons and no signs or advertisements of any kind may be erected or displated which is visible from the exterior of the dwelling.
3373) con ge® ae * a | ee ws 2.2 Bs its enti therefor: 2.3 NN oo x ‘ \Garagraph 2.2 of the Declaration is hereby del get: | 2 its gg ttiety and the following Paragraph 2.2 is ituted or: gs go Building Structures. No buildings er than single family dwellings, and outbwi gs used in connection therewith, shall b ted, altered, placed or permitted to remain on Mots. Only one single family dwelling together with outbuildings used in connection therewith shall be erected on a single Lot. The term "outbuildings" shall include only garages, carports and similar storage for motor vehicles, pump houses, stables
th outbuildings used in connection therewith shall be erected on a single Lot. The term "outbuildings" shall include only garages, carports and similar storage for motor vehicles, pump houses, stables and other buildings for domestic animals permitted hereunder and pets, children’s play houses, guest and servants’ quarters and structures of a similar nature for the convenience and pleasure of the occupants of the main dwelling and which are not incident to any commercial enterprige, business or profession.
Paragraph 2. gor? Declaration is hereby deleted rety and, x \G st T No structure of hack, barn, pre-fabricated house, or any ot, structure or building, other than the resi to be built thereon, shall be placed on ot either temporarily 6x permanently , nd no residential building, garage or o a tructure appurtenant thereto, shall be m oN pon any Lot from another location; except} owever, that Declarant reserves the exclusive right to erect, place and maintain, and to permit builders to erect, place and maintain, such facilities in and upon the Properties as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences and constructing other improvements within the Subdivision. Such facilities may include, but not necessarily be limited to, a temporary construction and/or sales office building, storage area, signs and portable toilet facilities. pecagent and builders shall also have the right 10 a residence situated on a Lot as a, git, office or model home during the petigd nd in connection with construction and s operations in the Subdivision, but in no , Shall a builder have such right for a pari in excess of one (1) year from the date of \S in
l home during the petigd nd in connection with construction and s operations in the Subdivision, but in no , Shall a builder have such right for a pari in excess of one (1) year from the date of \S in following Paragraph 2.3 is substituted aye orary character, trailer, mobile home, bent neh N a Stantial completion of his last residence i “ Oe nee go: sg EEE 2.6 33733 e Properties. x Paragraph 2.6 of the Declaration is her Wreted in ts entirety and the following Paragraph 2.6 & substituted ye™ Animals. No animals, Livestoci\Woutry or fowl of any kind, except as approved in writing by the Building committee, shall be raised, bred, or kept on any Lot; provided, however, that dogs, cats, other household pets and horses may be kept, but they shall not be bred or kept for commercial purposes. Livestock other than those permitted herein may be kept on a Lot only under a Student 4-H or similar program and the terms and conditions for allowing such animals on a Lot oo VOL BS PAGE_sas cot * VOL US. PAGE gis ao or “ 3s go® A) shall be ablished by the Building Committee.
All ot and livestock permitted by the es Decl, m shall be kept in a fenced enclosure d the front setback of the residence. All ws mals permitted by the Declaration must be Kept QO at the Owner’s Lot; provided, however, ae househdld pets on a leash and accompanie Owner or other person are permitted the — Owner‘s Lot. No animals shall be kep' a Lot ! | until -the construction of a single family residence meeting all the requirements herein has been completed on such Lot.
Paragraph 2.12 of the Declaration is hereby deleted in its entirety and the following Paragraph 2.12 is substituted therefor: 2.12 wer 6.
Private Water m_ Fees. Each Lot Owner who owns a Lot adjacent to a water supply main
Declaration is hereby deleted in its entirety and the following Paragraph 2.12 is substituted therefor: 2.12 wer 6.
Private Water m_ Fees. Each Lot Owner who owns a Lot adjacent to a water supply main forming a part of a Private Water System shall be required to pay a monthly minimum fee to the owner of the Private Wate system whether or not J such Lot Owner cao or uses water supplied cor by said Private Wat, tem; provided, however, é \, that if such Dore does not tie onto or use acho water supplied ve Private Water System, such aN Lot Owner hly minimum fee shall be equal to ye one-half Ws} of the minimum rate paid by Lot NA Pri Water System. Notwithstanding the SVoing, the Declarant shall not be required to ws y such fee with respect to unimproved | ae owned by Declarant during such time Declarant owns fifty percent (50%) or more ae platted Lots in the SeoE) or aol Nii) Declarant pays fifty percent (50%) or moh Se the annual repair and maintenance expenses of said The following Paragraph 2.13 is hereby added to Article 2 of the Declaration: 2.13 Te therefor: Trash Burning. No burning of any material whatsoever, including, but not limited to, trash, leaves, or debris, shall be permitted on any Lot or Common Area.
Paragraph 3.2 of the Declaration is hereby deleted in its entirety and the ao Naragraph 3.2 is substituted ow) 3 ae G go 33731 Membership. Owner of record in the 40% ov Subdivision GE owner, become a member of the Homeown ain sociation. Members (other than \ Develo ex ants be entitled to one vote for each xe Lot og in all matters required to be decided ge bya te the Members of the Association, XS) ding election of the Board of Directors of ay
other than \ Develo ex ants be entitled to one vote for each xe Lot og in all matters required to be decided ge bya te the Members of the Association, XS) ding election of the Board of Directors of ay e Association. During such time as Develop 9 owns fifteen percent (15%) or more of number of Lots in the Subdivision, shall be entitled to five (5) votes for owned by Developer. During such ime as Developer owns less than fifteen percent (15%) of the total number of Lots in the Subdivision, Developer shall be entitled to one (1) vote for each Lot owned by Developer. When more than one | person holds an interest in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised as they among themselves saat!
oot VOL 4/5" PAGE _507 oo cr? gen x si yok 3 . S e ine, but in no event shall more than one we * te be cast with respect to any Lot other than Ne ti t o include AmWest Savings Association, ANY ws successors and assigns.
go : go” s 8. Subparagraphs (a) and (b) of Farts h 4.2 of the co ye Declaration are hereby deleted in Be tirety and the substituted therefor: 4.2 Approval of Plans. No building, structure, fence, wall, or other improvements shall be commenced, erected, constructed, placed or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the detailed plans and specifications therefor shall have been submitted to and approved in writing by the Building Committee in accordance with the following procedures: (a) TROY sets of preliminary plans and cod specifa ms shall be submitted to the Buj Committee for preliminary approval, . xo S&S address designated by the Building Ae
ce with the following procedures: (a) TROY sets of preliminary plans and cod specifa ms shall be submitted to the Buj Committee for preliminary approval, . xo S&S address designated by the Building Ae wr ittee, and shall include the following: no yes (i) A topographical plot plan ox G showing contour grades and the locatiQ} yo of all improvements, structures, webs: patios, driveways, owl ES ols, or fences and walls. S yh? (ii) Exterior neh ro (iii) Exterior design, materials, colors, textures and shapes.
tes (iv) Landscaping plan, including walkways, fences, walls and elevation changes.
(v) Screening, if any, including size, location and method.
(vi) Utility connections.
(b) Followiag approval in writing of prelimi jlans and specifications by the ows Build Kw) mmittee, two (2) sets of proposed G fin XO lans and specifications shall be XO tted to the Building Committee at the se Vv dress designated by the Building no Committee, and shall include, in addition to VW ext AK re all items required to be specified in ceget preliminary plans and specifications, ys following items: oo gy (i) A topographical ce plan \o showing existing and fini grades at Ae Lot corners and at c of proposed \ improvements. An Lot drainage provisions shall also be included, together with cut and fill details if co any appreciable change in the Lot contour is contemplated.
33734 cow’ 4. cow VOL £5 PAGE cat, os eNO Gg Sexuceure design.
yi Exterior illumination plans, x" ce including location and method. ge 9. Sboaragraph (a) of Paragraph 4.3 of the Decla a is gutsy deleted in its entirety and the eQOoring agerasrann (a) is substituted therefor: “i yh? (a) Only new construction materia Oe ccept for used brick) shall be used utilized in constructing any structures situated on a
entirety and the eQOoring agerasrann (a) is substituted therefor: “i yh? (a) Only new construction materia Oe ccept for used brick) shall be used utilized in constructing any structures situated on a Lot, and all residential structures situated on any Lot shall be constructed of at least 75% brick, brick veneer, rock, rock veneer, stone or stone veneer on the exterior wall area. Detached outbuildings and additions shall be constructed in a style and with materials that correspond to the architectural style and construction of the main residential structure and shall be expressly approved by the Building Committee. No sheet metal, aluminum, or any other type of 1 structure shall be constructed. square footage of all outbuilding ay Lot shall be equal or less than 50K the square footage of the main reside iF building.
10. The Newing subparagraphs (c), (d), (e) and (f) are vet hereby adde aragraph 4.3 of the Declaration: J yw (c) The aggregate square footage of (i) th yo Go residential structure, (ii) ® appurtenances and appendages theret nd ye (iii) all outbuildings on a Lot 3s not Ww exceed fifty percent (50%) of square footage of such Lot.
(d) The entrance to a garage may not face the front of the Lot. If a street is adjacent to the side of a Lot, the width of the driveway to the garage from such side street shall not exceed fourteen (14) feet out to the turn radius.
(e) Removal of all construction trash shall be the responsibility of the Owner. During periods of construction on a Lot the Building Committee may require the Owner to provide at 0O expense a dumpster of a size deemed riate by the Building Committee... One Building Committee, upon commence Ne construction on a Lot, may requiza@QSwner to cause a deposit to be paid to AS sociation by Owner’s contractor in
size deemed riate by the Building Committee... One Building Committee, upon commence Ne construction on a Lot, may requiza@QSwner to cause a deposit to be paid to AS sociation by Owner’s contractor in eh ount, up to but not to exceed $500.00, G asonably determined by the Building AN) Committee to equal the cost and expense of ws A removing construction debris from the rep gv following such construction. Such de es “N shall be held by the Associatio an i? interest-bearing account until gs me as Ww the construction on such Lot i ompleted and the Building Committee has determined that all construction debris in, on or about such Lot has been removed. Upon completion of such construction and delivery by such contractor of written notice to the Building Committee (the "Contractor’s Notice") of the 33733 sai a L oe its ther its the 33731 11.
entirety and the efor: 4.4 4.5 ww Lot, the Association shall (i) satj itself that all construction debris ha removed from such Lot, and (ii) re such deposit, together with accru nterest thereon, to Owner’s contra In the event the Building C e is not satisfied that all ee astr WNSon debris has been removed from such Lot, the Building Committee within ten days following delivery of the Contractor’s Notice shall deliver notice (the "Committee’s Notice") to Owner’s contractor detailing the remaining debris removal (collectively, the "Remaining Removal Work") required by the Building Committee. Within ten days following such contractor’s completion of the Remaining Removal Work the Building Committee shall refund such deposit, together with accrued interest thereon, to Owner’s contractor.
The Owner. Soha cause all construction contract 0 nd subcontractors to comply with + applicable governmental laws, rules aay ulations and this Declaration.
ued interest thereon, to Owner’s contractor.
The Owner. Soha cause all construction contract 0 nd subcontractors to comply with + applicable governmental laws, rules aay ulations and this Declaration.
ce removal of all construction debris from such ye n ys) All television and radio antennae, television satellite dishes and all other \S shall be placed (i) to the rear of, center line of the roof of the rensgeiee, (ii) ain the rear yard or, ie the prior consent of the Building C ee, in the front or side yard or , and in no event shall such installa S rise to a height which exceeds six ) feet above the roof line.
Paragraph 4.4 of the Declaration is hereby deleted Size of Residences. No residential structure erected on any Lot shall have less than two thousand eight hundred (2,800) square feet of heated livable floor space, exclusive of the area of attached garages, porches, or other appurtenances r appendages. Residential structures sha t be more than two stories in have a minimum of 1,500 square height and Ne livable floor space on the ground £ f sioor y and the following Paragraph 4.5 is subst G Building Locations and Setbacks. yards otherwise provided for on the plat, Qe front building setback shall be a nae of sixty (60’) feet from the front lot La shall be a maximum of not more than sah he total depth of the lot; provided, however, at in all events such front setback shall not be less than the setback of the existing residences located on the same side of the street as such residence. Side building setback shall be minimum of twenty feet (20'). For the purposes of this Subsection 4.5, eaves, steps and open porches shall not be considered as part of a building; provided, however, that this shall not be construed to
nimum of twenty feet (20'). For the purposes of this Subsection 4.5, eaves, steps and open porches shall not be considered as part of a building; provided, however, that this shall not be construed to permit any portion of a building to encroach yw!
in following Paragraph 4.4 is substituted ne goto: 4.5 of the Declaration is hereby deleted ‘ ay ow gv a VOL sux cot A PAGE 507 3 con VOL 8/45 PAGE _s70 ; cot upon, or overhan gp Bcnex Lot. If two or more Lots, or frachy thereof, are consolidated into one single ng site, these building setback provisi all be applied to such resultant buildi Ste as if it were one original, platted ie a 11 yresidential structures must face the or south street which is immediately ws gv jacent to such Lot. go Qos. Paragraph 4.6 of the Declaration is nerens gates in therefor: W 4.6 (a) No fence, wall or hedge shall be erected on any Lot nearer to any street than the surveyed property line.
(b) Lot perimeter walls or fences constructed on any Lot shall be of ornamental iron, wood, brick, or masonry.
(c) Driveways shall be constructed from the roadway to the garage entrance and such driveways shall be constructed of solid concrete or 4" caliche base with asphal app or brick.
(a) Solid walls, Vi es or hedges or such structures thr which viewing is obstructed, may be execs ea grown from the street to the front te: line at a height not to exceed four AR’ et yk It shall be the Owner's responsibility to go Sntain any walls or fences situated on a Lot 80 ws ® that such improvements remain in an attractive ow XS well-kept condition.
\ 8 14. Paragraph 4.7 of the Declaration is here deleted in its entirety and the following Paragraph 4.7 is substituted therefor:
t such improvements remain in an attractive ow XS well-kept condition.
\ 8 14. Paragraph 4.7 of the Declaration is here deleted in its entirety and the following Paragraph 4.7 is substituted therefor: 4.7 Minimum Construction Standards and Inspections.
In addition to compliance with the requirements set forth under this Declaration, any and all improvements on any Lot shall comply with the standards and provisions of the Southern Building Code as amended and adopted by the City of Midland, Texas (the "Code"). It is the responsibility of the Owner to ensure compliance with the Code and to rovide the Building Committee with a fj Nritten report in a form furnished by the ae j Committee, as may be amended from ack to time by the Building Committee, ¢é & ing compliance. During all phases of truction and improvements on any Lot, th ilding Committee or its designated rep eestives may, but is not required, to make i! c NY rmining compliance with the provisions of AN Go his Declaration and the Code and shall notify, sy xv Owners in writing, either through the mail o i? notice posted on the Property, of vig gaone A" discovered during such inspections. f er, construction shall not continue sh such violations have been corrected.
Prior to the commencement of construction of the primary residential structure on any Lot, the Owner thereof shall pay to the Building Committee 33731 (J inspections for the purpose of ce ~ ar.
“ago” wo™ G go” we gp temoune of $300 to cover the costs of such N spections and other duties assigned to the Building Committee in connection with = approval of plans. Such amount may be incr, or decreased by the Building Committee f RO ime to time as circumstances so warrant. a ye ge* 15. Paragraph 6.1 of the DectaraciogggMereby deleted in
with = approval of plans. Such amount may be incr, or decreased by the Building Committee f RO ime to time as circumstances so warrant. a ye ge* 15. Paragraph 6.1 of the DectaraciogggMereby deleted in its entirety and the following Paragraph .1 is substituted therefor: : 6.1 Containers and Tanks. Any tank or storage container used in connection with any residential structure or outbuildings shall be buried in the ground or, if located above ground, shall be completely enclosed or permanently screened from view of any street adjacent to the Lot.
16. The first sentence of Paragraph 7.1 of the Declaration is hereby deleted in its entirety an substituted therefor: F ll Duration. Ta, Ponts and restrictions of this Declaratioan® all run with and bind the land subject o, and shall inure to the benefit of and O%enforceable by the Owner(s) of any land sw to this Declaration, their respective eer representatives, heirs, successors and ao Ozisne. for an initial term ending on December’ iy ce 17.
its entirety and the following Paragraph therefor: we 7.4 18.
its entirety and the f therefor: : 33731 8, 2012.
d the following sentence is yes* Paragraph 7.4 of the Declaration is hexe' eleted in Interpretation. If this nectar Nn or any word, clause, sentence, paragraph or other part thereof shall be susceptible of more than one or conflicting interpretations, then the interpretation which in the sole determination of the Board of Directors of the Association is most nearly in accordance with the general purposes and objectives of this Declaration shall govern.
Such determination by the Board of Directors shall be final and binding on all interested parties.
substituted ng Paragraph 7.8 is substituted Paragraph 7.8 a he Declaration is hereby deleted in aye of mmon. s. Developer intends to
of Directors shall be final and binding on all interested parties.
substituted ng Paragraph 7.8 is substituted Paragraph 7.8 a he Declaration is hereby deleted in aye of mmon. s. Developer intends to all Common Areas and the Private Water m currently serving the Property ta the sociation as soon as practical; provided, however, that Developer may not dedicate Common Areas or the Private Water System such time as (i) Developer owns less t ity percent (50%) of the platted Lots the Subdivision, or (ii) the amount ens payable by the Lot Owners pursuant toa‘ agraph 2.12 hereof equals or exceeds th roduct of fifty percent (50%) multiplied by the total annual maintenance costs of the Private Water System.
Developer covenants that the Common Areas and the Private Water System shall be conveyed without charge to the Association free of any liens or other encumbrances and in working order. Common Areas shall be deemed to include, but are not limited to: -8oe «ae ye oe no i VOL B/S, PAGE sv wom VOL _&S PAGE 42 ao” go ; co’ (a) the ands eien front entry into’ the Subdivigsg rom County Road 60; (b) & Men foot (10') strip identified as on Area "A," "EB," "Cc," "Dp," "E, "FR," and yc" on the map attached hereto as Exhibit B and made a part hereof for all purposes, which strip runs along the south boundary f Lots 1, 2 and 3 of Block 1, and along ae east boundary of all Lots adjace ro (o> 6the fenced area surrounding water well number 2 in the community water system; and (a) water wells number 1 and number 3 as identified on Exhibit B attached hereto.
19. The following Article 8 is hereby added to Declaration: ARTICLE 8 Indemnification of Rgrectors and Building Comey Members 8.1 ivil ‘ ceedi . The Association shall y Director thereof or any \ ws yo?
33735 9
ollowing Article 8 is hereby added to Declaration: ARTICLE 8 Indemnification of Rgrectors and Building Comey Members 8.1 ivil ‘ ceedi . The Association shall y Director thereof or any \ ws yo?
33735 9 . yo” Go go” ee member, who was, or is a party, © Ne threatened to be made a party, to any ened, pending or completed action, suit or oceeding, whether civil, criminal, Nhistrative, or investigative (whether or not wy or in the right of the Association) by reason. oo of the fact that such person is or was a Direc of the Association or a member of the B sa ig Committee, against expenses (includin ee not limited to attorneys’ fees and cos the proceeding), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with or in defense of such action, suit or proceeding if such person acted in good faith and in a manner which such person reasonably believed to be in or not opposed to the best interests of the Association or the Building Committee. Provided, that with respect to: (1) any criminal action or proceeding, such person has no reasonable cause to believe that his conduct was unlawful; or (2) any civil claim, issue 6dr matter, such person shall not be guilty of gross negligence or 11ful misconduct in the performance of his dug io the Association or the Building ee Termination of any action, suit On, eeding by judgment, order, settlement, icin, or upon a plea of nolo ontender: W its equivalent, shall not, of itself NE ate a presumption that such person had reas e cause to believe that his conduct was Ni ul, or that such person did not act in good h or in a manner which he reasonably believed to be in or not opposed to the best interests xo the Association or the Building Committee, such matters being determined solejya(\eha
did not act in good h or in a manner which he reasonably believed to be in or not opposed to the best interests xo the Association or the Building Committee, such matters being determined solejya(\eha exclusively for the purpose of indemnifg oo as herein provided.
Indemnification under the preceding paragraph shall be made by the Association only as authorized in each specific case upon the determination that indemnification of such person oes «ae yee ge* ws go® the lJ cows VOL 84° PAGE FS co acne ch Ki AN we ye yer oper in tne c: yet G proper in the circumstances because he has me G ws the applicable standards of conduct as set cated ow herein. Such determination shall be mad wy y gv the Board of Directors by a majority v RS fo oa Ni quorum consisting of Directors re not ne in? parties to such action, suit or eding; or : (2) aif such quorum is not mable by (a) independent legal counsel in a ritten opinion, m or (b) by majority vote of members of the Association which excludes the vote of any member who is or was party to any such action, suit or proceeding. Indemnification so determined may be paid, in part, before the termination of such action, suit or proceeding upon the receipt by the Association of an undertaking by or on behalf of the person claiming such indemnification to repay all sums so advanced if it is subsequently determined that he is not entitled thereto as provided in this Article.
To the t that a Director of the ow successfu the merits or otherwise in the ache defense “ any action, suit or proceeding, aN whe Osivil or criminal, such person shall be ye i fied against such expenses (including NK Ne s and attorneys’ fees) actually and es G easonably incurred by him in connect 4a ys therewith. ay"
ing, aN whe Osivil or criminal, such person shall be ye i fied against such expenses (including NK Ne s and attorneys’ fees) actually and es G easonably incurred by him in connect 4a ys therewith. ay" gy Indemnification provided herein aye 1 be \o" exclusive of any and all other right a claims WY) to which those indemnified ma & entitled as Ww against the Association, and ery Director wrote thereof or Building Committee member under any by-law, resolution, agreement or law and any request for payment hereunder shall be deemed a - - waiver of all such other rights, claims or demands as against the Association and each Director thereof and Building Committee member.
The indemnification provided herein shall inure to the benefit of the heirs, executors, administrators and successors of any person entitled thereto under the provision of this Article.
The Associat Se shall purchase and maintain YI insurance on pene f any person who is or was a cor Director of sociation or Building Committee . \ member tagag any liability asserted against him Cho and i ed by him in any such capacity, or oi ari ut of his status as such, whether or not yr t ssociation would have the power to indemnify x) of this Article; provided, however, that RAS Go maintain such insurance LE the ago of Directors, in its discretion, determ, that such insurance is unavailable or t e cost of such insurance is unreasonable. Ww All liability, loss, damage, cost and expense incurred or suffered by the Association — by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as common
d expense incurred or suffered by the Association — by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as common Ss ne expenses; provided, however, that nothing in this Article 8 shall be deemed to obligate the Association to indemnify any Director of the Association or Building Committee member with 33731 «oN .
gre « PX VOL 815 PAGE 5/5/60 La Clerk Unofficio Copy respect liabil th any duties or obligations assumed or Midland County incurred by him under and by virtue of the Midland County Clerk Unofficial Copy Declaration that were assumed or incurred tside of his conduct specifically related to fulfillment of his duties as a Director the Association or Building Committee member 20. Any capitalized term or phrase used in Amendment shall have the same meaning ascribed to such term or phrase in the Declaration unless expressly otherwise defined in this Amendment.
above.
t IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year first written LOT NUMBER Block 1234 BCK. 4 Lots 1-3,5,7-10, 12, 13 1-10,14,16, 18-20 1-5,16-14 1-5 89.10 OWNERS: AMWEST SAVINGS ASSOCIATION By: Name: Gren Title: The President Gregory Denter Midland County Clerk Unofficial Copy BLK. 3 LOT 3-L-110 LOT 13 BIKE LOT IS Block 2 Let7, Bluet LOT9, BLOCK 3, LOT 6 Flock & -ot Block یا Pace Energy Supply ty C Mat Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Wand County Clerk Unofficialopy Midland County Clerk Unofficial Copy 33731 Wand County Clerk Unofficial Copy ] Midland County Clerk Unofficial Copy APPROVED BY THE CITY OF MIDLAND , TEXAS Per Resolution By: Name: Title: n # Midland County Clerk Unofficial 303 VOL 815 PAGE 515
and County Clerk Unofficial Copy ] Midland County Clerk Unofficial Copy APPROVED BY THE CITY OF MIDLAND , TEXAS Per Resolution By: Name: Title: n # Midland County Clerk Unofficial 303 VOL 815 PAGE 515 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 33731 Jand County Clerk Unofficial Copy -12Midland County Clerk Unofficial Copy Wand County Clerk Unofficial Copy VOL 815 PAGE 5 EXHIBIT A Midland County Clerk Unofficial Copy Block 1, Lots Block 15 Lock 3, 2 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; Ots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 17, 18, 19, and 20; Lots 1, 15, 16, 17, 18, 19, Midland County Clerk Unofficial Copy 11, 12, 13, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 20; and, 13 14, Block 4, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, together with all easements, alleys and common areas within the recorded plat of the Pecan Acres Addition, Midland County, Texas.
] Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 33731 Exhibit A Hand County Clerk Unofficial Copy Midland County Clerk Unofficial Copy ] Page 1 of 1 Midland County Clerk Unofficial Copy ] Wand County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 815 PAGE 517 EXHIBIT B Midland County Clerk Unofficial Copy 이 2742.06 4491.1 1889 SADDLE CLUB RANCO ESTATES (PECAN ACRES ADDITIONI 645.02 Ac.
MIDLAND, TEXAS Midland County Clerk official Copy AREAS STATE HWY, 158 1098 こ CITY OF MOLANG WATER SWT. X 30 DESIGNATED DRILL SITE (LOTS 142) Midland County Clerk Unofficial Copy DRILL SITE 2 " 18.44 Ag 5 GLASGOW DA 19845 こ 2 COUNTY RD. 60 = 10 2349.84 5417.8' ER LINE -10° WATER EASEMENT 1 Ac.EXCLUDED 709.5 COMMON AREA 2.
COMMON AREA F 2677.5' COMMON AREA 3.
-COMMON AREA A.
COMMON AREA 2.
-COMMON AREA COMMON AREA "A -70.31 2709.5' --
= 10 2349.84 5417.8' ER LINE -10° WATER EASEMENT 1 Ac.EXCLUDED 709.5 COMMON AREA 2.
COMMON AREA F 2677.5' COMMON AREA 3.
-COMMON AREA A.
COMMON AREA 2.
-COMMON AREA COMMON AREA "A -70.31 2709.5' -10° WATER UNE.
EASEMENT Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 5243.2' 2625.6' ODESSA S.H. 158 CO. RO. 60 S.H. 191 1758 SITE LOOP 250 MIDLAND U.S. HWY. 80 1.H. 20 LOCATION MAP Jand County Clerk Unofficial Copy Dand County Clerk Unofficial Copy VOL S/S: PAGE _ sage’ ARTICLES OF INCORPORATION wi aa PECAN ACRES ADDITION HOMEOWNER 'S assogge iN ~ I, the undersigned natural person of the age of eighteen (18) years or more, acting as incorporator of a corporation under the Texas Nonprofit Corporation Act, do hereby adopt™ the following Articles of Incorporation for such corporation.
ARTICLE ONE The name of the corporation is PECAN ACRES ADDITION HOMEOWNER 'S ASSOCIATION.
ARTIC \ onB: GO%.- oration os ae yo® The corporatigagh nonprofit corporation. or ge™ ARTICLE THREE yr" ca Duration ge™ e period of its duration is perpetual.
o yo wo™ ARTICLE FOUR go Purposes Ww The purposes for which the corporation is organized are: = ; ot \ (1) The primary purposes are as follows: (a) to i operate a nonprofit corporation ana association consisting of — dition, members who are homeowners and lot owners of Pecan Acres Ad a subdivision of Midland County, Texas, which said association is to organize and operate exclusively for the pleasure, recreation, protection of the residential value of the property, creation of a Building Committee ana other nonprofit purposes occurring to said homeowner members, and (b) to maintain and provide for common community facilities and services for the common use and enjoyment
of a Building Committee ana other nonprofit purposes occurring to said homeowner members, and (b) to maintain and provide for common community facilities and services for the common use and enjoyment of all members of the associatiqn.
oot VOL BS PAGE _s/? co oo . ys oe oe 7 Ky (d* (2) The general purposes anggiers are to have and exercise all rights and powers conferred a nonprofit corporation under the laws of the State of Texas, or which may hereafter be conferred, including the power to contract, rent, buy, or sell personal and/or real property; provided, however, that this corporation shall not, except to an insubstantial degree, engage in any activity or exercise any powers that are not in furtherance of the primary purposes of the corporation. , .
(3) Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purpose of this corporation as set fourth in paragraph one of this Article Four, and nothing contained in foregoing statement of purposes shall .)
be construed to aut this corporation to carry on any cor activities for tha it of its members, or to distribute any Oy gains, profits vidends to its members as such, except on sor dissolution a nding up. yr AK This corporation is organized pursuant to the Nonpapye Corporation Act and does not contemplate gain ef fit t members thereof and is organized for nonprot se NS ses.
gm Initial Registered CELIO N AW oo ARTICLE FIVE Now Ao) — | corporation is 5400 Valley View Trail, Dallas, Texas, 75240, and “ the name of its initial registered agent at such address is Gregory Oehler.
ARTICLE SIX
red office of the oo ARTICLE FIVE Now Ao) — | corporation is 5400 Valley View Trail, Dallas, Texas, 75240, and “ the name of its initial registered agent at such address is Gregory Oehler.
ARTICLE SIX Board of Directors The number of Directors constituting the initial Board of Directors of this Ger onetioh ce, Gor e (3) and they are to hold office until ee) the election of, QOCtors at the first annual meeting of the Oo members wR corporation, and the names and addresses of the We initi rectors are: ce ys, 2 gy N oh?
os oo oh?
a VOL Sus" PAGE _gent + 5400 Valley View Dallas, ) Kenneth R. Mitchell Trail Texas 75240 Gregory L. Oehler 5400 Valley View Dallas, Texas Roger Crawford #2 Dunblane Midland, Texas Trail 75240 79707 ARTICLE SEVEN Incorporator The name and address of ag @ dncorporator is: Gregory L.
5400 Valle Dallas, IN way s STATE OF TEXAS & & COUNTY OF DALLAS & \ CO ain 75240 «XO gs NA oe J oo ro EREOF, I have hereunto set my hand on this eager yo — eg ee BEFORE ME, the undersigned authority, on this day personally appeared before me Gregory declared he is the person correct.
IN WITNESS WHEREOF, office this at z 3 : oi : yews F G OOS ferme F “4a PER 4, * — tease gaseeee™ L.
Oehler, who being duly sworn, who signed the foregoing documents as incorporator and the statements contained therein are true and day of wy, NOD PEt Oeey aN ‘ , 1992.
Notary Public, State of Texas a My Commission Expires: (0-01-98 I have hereunto set my hand and seal of oi rs® ge cow’ ge . oo ys oe cy -. wor i yw® yy?
Go THE DECLARATION OF COVENANTS AND RESTR Ss ® FOR PECAN ACRES ADDITION ANS (- oe eae WHEREAS, on December 8, 1982, th Ohh Acres Homeowners'
Go THE DECLARATION OF COVENANTS AND RESTR Ss ® FOR PECAN ACRES ADDITION ANS (- oe eae WHEREAS, on December 8, 1982, th Ohh Acres Homeowners' Association executed a Declaration of Covenants and Restrictions as filed in Volume 720, Page 447, Midland County Deed Records, binding on that certain property identified as the Pecan Acres Addition; and WHEREAS, Said Declaration of Covenants and Restrictions requires any amendments thereto to first be approved by the City Council of Midland, Texanand *)) WHEREAS, a neage of homeowners in the Pecan Acres Addition . oe now desire d said Declaration of Covenants and Restrictions gi’ in ac gatNence with the requirements therein; and ext AN) MEREAS, the City Council finds it to be in OCrric Go ‘interest to approve said First Amendment to ee MELaration of oe Covenants and Restrictions; ar eo NOW, THEREFORE, BE IT RESOLVED BY T CITY COUNCIL OF THE CITY | OF MIDLAND, TEXAS; “= THAT the First Amendment to the Declaration of Covenants and Restrictions for Pecan Acres Addition, incorporated herein by reference for all legal purposes, is hereby approved, said document being on file in the Office of the City Secretary and referenced by number and date of passaggyot this resolution.
Council membe eiNenvore , the above and foregoing resolution ots NO was aconag Wy the City Council of the City of Midland at a re D AN] yo On motion of Go ‘oOllowing vote: cs . \o Council members voting "AYE": Sipes mport, Cuevas, we Mo \' aircloth, Egan a rooks eo | Council members voting "NAY": None Sk Faircloth, Mayor VOL 815 PAGE ATTEST: Midland County Clerk Unofficial Copy B Clanton, City Secretary
E": Sipes mport, Cuevas, we Mo \' aircloth, Egan a rooks eo | Council members voting "NAY": None Sk Faircloth, Mayor VOL 815 PAGE ATTEST: Midland County Clerk Unofficial Copy B Clanton, City Secretary RECOMMENDED AND APPROVED: Fred Pe Fred W. Poe, City Manager wolle Differd Troy A. Gifford, Director of Finance APPROVED AS TO FORM: Midland Unofficial Copy Keith Filed for Record Duly Recorded Stretc mAcres. Amnd wer, City Attorney Midland County Clerk Unofficial Copy the day of RUMENT NO. 2/296 Midland County Clerk Unofficial Copy ] Midland County Clerk Unofficial Copy day of Necember A.D. 194 Midland County Clerk Unofficial Copy 1992, t3:30 Necember A.D. 1992, at 3 ROSENELLE CHERRY By MIDLAND clock M.
OUNTY CLERK TEXAS Idrick.
Deputy Wand County Clerk Unofficial Copy 0 Wand County Clerk Unofficial Copy