20131118001547400 SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS This SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS ("Second Amendment") is adopted following approval of the requisite number of OWNERS and DECLARANT.
RECITALS A. Preston One Condominiums was formed on recording the Declaration of Preston One Condominiums, dated February 25, 2005, in the Real Property Records of Collin County, Texas, under Instrument Number 2005-0023742 (the “Original Declaration”) and covers the real property described on Exhibit “A”, attached hereto.
B. The Declaration was amended on one prior occasion in an Amendment to the Declaration of Preston One Condominiums ("First Amendment"), executed to be effective on March 1, 2005, and filed of record in the Real Property Records of Collin County, Texas under Instrument Number 20060620000842530, for the purpose of subdividing Unit 300 into two Units (Unit 300 and Unit 350). Hereinafter, reference to the term “Declaration” shall mean the Original Declaration as amended prior to the date of this Second Amendment.
C. Concurrent with the filing of this Second Amendment, the Declarant is filing of record in the Real Property Records of Collin County, Texas a Notice of Termination of Declarant Control Period and Development Period ("Notice”), thereby acknowledging that the Declarant Control Period and Development Period have terminated.
D. The Owners and Declarant would like to further amend the Declaration in accordance with the provisions of Section 13.06(b) of the Declaration to clarify and reflect that Declarant's ongoing rights will only be the rights afforded any other Owner for so long as Declarant owns a Unit.
E.
h the provisions of Section 13.06(b) of the Declaration to clarify and reflect that Declarant's ongoing rights will only be the rights afforded any other Owner for so long as Declarant owns a Unit.
E.
The Owners and Declarant would, also, like to ratify the prior First Amendment as it was executed by an affiliate of the Declarant and to correct the percentages referenced therein, resulting from a division of the Unit 300.
AMENDMENT NOW, THEREFORE, the Owners and Declarant hereby adopt the following amendments to the Declaration: 1. Any and all provisions of the Declaration affording Declarant any rights, other than the rights of an Owner as long as the Declarant owns a Unit, are hereby declared null and void. Hereafter, Declarant shall have no rights under the Declarant apart from those as an Owner SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS Page 1 for so long as it owns a Unit. In furtherance of the foregoing, and not by way of limitation, the following provisions of the Declaration are amended: (a) The provisions of Article XIV, DECLARANT RIGHTS, are hereby made null and void. The Declarant, having acknowledged in the Notice the termination of the Declarant Control Period and the Development Period, hereby acknowledges and agrees that it will have no further rights under the provisions of Article XIV of the Declaration.
(b) made null and void.
The provisions of Section 13.06(a), Amendment by Declarant, are hereby (c) The last sentence of Section 13.06(b), Amendment by Owners, is hereby deleted. No further consent of Declarant shall be required to amend the Declaration.
(d) Section 12.10, Declarant and Association Exempt, is hereby amended to delete any exemption to Declarant and to delete the requirement of any further consent of
e required to amend the Declaration.
(d) Section 12.10, Declarant and Association Exempt, is hereby amended to delete any exemption to Declarant and to delete the requirement of any further consent of Declarant to amend the provisions of Section 12.10.
(e) Section 10.04, Exception to Article X, is hereby amended to delete any exception as to Declarant and to require that Declarant otherwise adhere to the provisions of Article X.
The failure to list, above, any additional provisions in the Declaration previously affording Declarant any rights apart from being an Owner shall not be construed to afford the Declarant a continuation of such rights and all rights and consents, apart from those as an Owner, are null and void.
2. The real property described under the "Description of Additional Land Subject to Annexation" on Exhibit A-1, Legal Description, attached to the Declaration is hereby deleted.
The Owners and Declarant hereby agree that the real property described under the "Description of Additional Land Subject to Annexation" will not be annexed and is not part of the "Property" or "Project" as defined in Section 1.26 of the Declaration.
3.
The provisions of the First Amendment are hereby ratified, except, the “4.5%” set forth in the 4th and 5th paragraphs of the First Amendment are hereby deleted and "7.0%” inserted in their place.
4.
Those terms which are capitalized in this Second Amendment and not defined herein shall have the meanings set forth in the Declaration.
5.
Save and except as set forth herein, the rest and remainder of the Declaration shall continue to apply and govern.
6.
The foregoing Second Amendment was adopted by the affirmative vote or written consent, or any combination thereof, of 67% of the Owners following a meeting duly called for
inue to apply and govern.
6.
The foregoing Second Amendment was adopted by the affirmative vote or written consent, or any combination thereof, of 67% of the Owners following a meeting duly called for SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS Page 2 the purpose of consenting to this Second Amendment and as further evidenced by the signatures of the Owners hereinafter set forth.
Owners.
EXECUTED to be effective on the 5th day of November 2013, by the undersigned OWNERS: B&B GRAHAM PROPERTIES, LLC By: Name: za Title: owner Olafen wasorio ADEDOYIN OLUSOLA JAY & JAKE, INC.
By: Name: Title: RAJIV JOSEPH OWNER Name: Kue Title: FIFTHPLANET INVESTMENTS, LLC By: Kue Ka Как Karimi owner / Tenant owner/Tenant ROHAN, LLC By: нем Name: Title: MAHAN PRAKASH Chimmy (HIMANJI owner SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS Page 3 PRESTON ONE, L.P.
a Texas limited partnership By: PRECISION SOUTHWEST DEVELOPMENT, By: Name: Its: J General Partner Ja 1 JOHN K WASHINGTON PRESIDENT LLC [ADD THE NAMES OF ANY OTHER OWNERS AGREEING TO THIS AMENDMENT] CONSENT The undersigned Declarant and affiliate hereby consent to the Second Amendment.
PRECISION ONE, L.P.
a Texas limited partnership By: Precision Southwest Development, L.L.C., Its General Partner By: JOHN K WASHINGTON Name: Its: Juaks PRESIDENT PRESTON ONE, L.P.
a Texas limited partnership By: PRECISION SOUTHWEST DEVELOPMENT, LLC Its General Partner By: Jua дика Name: Its: JOHN K WASHINGTON SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS Page 4 ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF Collin cos cos cas § This instrument was acknowledged before me on the 5th day of November-2013 by Melissa Shelton, the Owner of B&B GRAHAM PROPERTIES, LLC, a
ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF Collin cos cos cas § This instrument was acknowledged before me on the 5th day of November-2013 by Melissa Shelton, the Owner of B&B GRAHAM PROPERTIES, LLC, a Texas limited liability company, on behalf of said company.
NOTANY PUBLIC EXAS TRACIE G EPPS Notary Public STATE OF TEXAS My Comm. Exp. 08-24-16 Trace (p) Notary Public, State of Texas STATE OF TEXAS COUNTY OF Cilin cos cos cos This instrument was acknowledged before me on the ADEDOYIN OLUSOLA.
OTARY PUBLIC STATE OF 5th day of November 2013 by TRACIE G EPPS Notary Public STATE OF TEXAS My Comm. Exp. 08-24-16 Notary Public, State of Texas Tracie L CORS STATE OF TEXAS COUNTY OF Collin cos cos cas This instrument was acknowledged before me on the 5th day of Novemb24 2013 by Rajiv Joseph, the Owner behalf of said corporation.
PUBLIC TRACIE GEPPS Notary Public STATE OF TEXAS My Comm. Exp. 08-24-16 of JAY & JAKE, INC., a Texas corporation, on Tracie G. Capps Notary Public, State of Texas SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS Page 5 STATE OF TEXAS COUNTY OF Collin cos cos cas This instrument was acknowledged before me on the 5th day of November 2013 by Kue Karimi, the Owner _ of FIFTH PLANET INVESTMENTS, LLC, a Texas limited liability company, on behalf of said company.
NOTARY TRACIE G EPPS Notary Public STATE OF TEXAS My Comm. Exp. 08-24-16 Travelops Notary Public, State of Texas STATE OF TEXAS COUNTY OF Collin cos cos cas This instrument was acknowledged before me on the 5th day of Novem 2013 by Mahanprakesh Chimes the actor company, on behalf of said company.
TATE OF TEXAS TRACIE G EPPS Notary Public STATE OF TEXAS My Comm. Exp. 08-24-16 of ROHAN, LLC, a Texas limited liability Tranch Cops Notary Public, State of Texas
r company, on behalf of said company.
TATE OF TEXAS TRACIE G EPPS Notary Public STATE OF TEXAS My Comm. Exp. 08-24-16 of ROHAN, LLC, a Texas limited liability Tranch Cops Notary Public, State of Texas SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS Page 6 STATE OF TEXAS COUNTY OF COLLIN cos cos cas This instrument was acknowledged before me on the JOHN K. WASHINGTON, the PRESIDENT #11 day of SEPTEM 22, 2013 by PRECISION SOUTHW, the general partner of of DEVELOPMENT PRESTON ONE, L.P., a Texas limited partnership, on behalf of said entities.
TARY OF PUB SHERRY L. CUPIDO Notary Public, State of Texas My Commission Expires April 19, 2017 Sherr ५.
Cupido Notary Public, State of Texas STATE OF TEXAS COUNTY OF COLLIN cos cos cos This instrument was acknowledged before me on the 11th day of SEPTEMBER, 2013 by JOHN K. WASHINGTON, the PRESIDENT of Precision Southwest Development, L.L.C., the general partner of PRECISION ONE, L.P., a Texas limited partnership, on behalf of said entities.
NOTARY OF SHERRY L. CUPIDO Notary Pubilc, State of Texas My Commission Expires April 19, 2017 S . Cuid Sher "Notary Public, State of Texas SECOND AMENDMENT TO DECLARATION OF PRESTON ONE CONDOMINIUMS Page 7 EXHIBIT "A" Being Lot 1, Block A of Preston One Addition, an addition to the City of Plano, Collin County, Texas, according to the Plat or Map recorded in Cabinet P, Page 848 of the Map Records of Collin County, Texas.
After Recording Please Return To: Pam Saks Wright Ginsberg Brusilow. PC 14755 Preston Road, Suite 600 Dallas, Texas 75254 Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 11/18/2013 09:07:47 AM $44.00 DFOSTER 20131118001547400 * Ариатр