FIRST AMENDMENT OF DECLARATION OF WESTCHESTER ON THE CREEK City OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS 05/25/00 2139167 Deed THs First AMENDMENT OF DECLARATION OF WESTCHESTER ON THE CREEK AREA No. I. 18 DAY OF May 2000.
WITNESSETH: WHEREAS, the Declaration of Westchester on the Creek Area No. I. (1 the Deed Records of Dallas County, Texas on 12 December 1996 at Volume and, Wuereas, Supplementary Declaration No Il of WestCheg Supplement") was filed for record in the Deed Recordyof Dallas Page 03348; and, O) WHEREAS, the Declaration, the First Sup, SSA Supplement affect and encumber certain tracts or parcels of real property located Co which are more particularly described in Exhibit exas on 6 April 1998 at Volume 98066, "A" attached hereto (the "Property", Sut ion does not provide procedures for the granting of variances to fons imposed by the said Article V, although variances to the icle V may from time to time be necessary and appropriate in Wuereas, Article V of the specific requirements, re: Tequirements, restrictions and.
yovides for its amendment by the Members of the Association, pursuant to IIH, Section 2 of such Declaration; and, ickVIII, Section 2 of the Declaration provides that Article V of the Declaration may be ative vote of sixty percent (60%) of the total eligible votes of the Membership of the YUEREAS/At a Special Meeting of the Members of the Association convened on 4 May 2000 in accordance with § 3.02 of the of the By-Laws of the Association, and upon notice to the Members pursuant to § 3.04 of the said By-Laws, with sixty percent (60%) of the total eligible votes of the Membership of the Association voting in the affirmative, in person or by proxy, and with both classes of membership voting together, Article V of the
y percent (60%) of the total eligible votes of the Membership of the Association voting in the affirmative, in person or by proxy, and with both classes of membership voting together, Article V of the Declaration was amended to add “Article V, Section 2: Variances.”
Now, THEREFORE, premises considered, CHANCELLORSVILLE VENTURE, uc, Declarant pursuant to the Declaration, and the Members of Association identified at ExHistT “A,” attached hereto and incorporated herein by this reference for all purposes, which Members represent not less than sixty percent (60%) of the total eligible votes of the membership of the Association, with both classes of membership voting together, do hereby ADoPT and INCORPORATE the following “Scction 2: Variances” as a duly approved addition to Article V of the Declaration.
Article V, Section 2: Variances a) Upon good cause in furtherance of the best interests of Westchester on the Crock and the Members of the Association, the Architectural Control] Committee (the 2000103 00006 PAGE 1 OF 4 PAGES “4CC"), or the Board of Directors of the Association, shall have the power to grant variances to the requirements, restrictions and limitations provided and imposed by Article V, Section 1 of the Declaration.
b) Upon receipt of a written Request for Variance (herein so-called) from any homebuilder or individual (the “Applicant ’), the ACC shall promptly consig¢ such PLE asD ae ee sett majority vote, within 21 days following its receipt thereof. In the evén approval of any Request for Variance, the ACC shall issue a y Approved Variance (herein so-called), in a form suitsble for re atte thereof to the Applicant. In the event the ACC Bhd Variance, or shall fail to act upon any Request following its receipt thereof, the pie 9 i a a A _o = lb ats,
called), in a form suitsble for re atte thereof to the Applicant. In the event the ACC Bhd Variance, or shall fail to act upon any Request following its receipt thereof, the pie 9 i a a A _o = lb ats, ayyiance, in a form suitable for shall issue a written Noti f A : the Board of Directors of the recordation, and executed Association, or his or her dgs ed\xcpresenitative. Upon the disapproval of any Request for Variance, a f Directors of the Association shall provide written notice th aftof to fhe! he disposition of any Request for Variance by the Board sf Pizedto e’ Association shal! be final. In no event shall the ACC's or B 2 ailufe to act on a Request for Variance within 21 days of the rogige th&eof ever, constitute a deemed approval of such Request for ¢) arr nine KETO atidn/‘the Applicant shall file the Notice of Approved Variance in the Dallas County, Texas. The filed Notice of Approved Variance shall lic notice of the existence of the approved variance, a.mpmber of the ACC or the Board of Directors shall be liable to any Applicant or any person or entity claiming by, through or on behalf of any Applicant, for any giaims or causes of action arising out of the approval, disapproval or failure to act upon any Request for Variance. Each Request for Variance submitted hereunder shall be reviewed separately and apart from other such requests and the approval of a Request for Variance shall not constitute a waiver of the ACC's or the Board of Directors’ right to strictly enforce the requircments, restrictions and limitations provided and imposed by Article V, Section 1 of the Declaration.
herein, are hereby declared to be in full force and effect with respect to the Property, EXECUTED in Dallas County, Texas on ik May 2000.
ovided and imposed by Article V, Section 1 of the Declaration.
herein, are hereby declared to be in full force and effect with respect to the Property, EXECUTED in Dallas County, Texas on ik May 2000.
The covenants, conditions, restrictions, easements and liens contained in the Declaration, except as modified | CHANCELLORS First AMEMDMENT OF DECLARATION OF WESTCHESTER ON THE CREEK 2000 0 3 0 0 U 0 7 PaGe 2 oF 4 Pages | PAUL CONANT, President of Westchester on the Creek Homeowners Association, as attomey-in-fact fo Members of the Association identified at ExHisrr STATE OF TEXAS § TOTP SI ae ree net near ee 2 aan stb Ft AS COUNTY OF DALLAS § (cKenzie-Smith, Manager BEFORE ME, the undersigned authority, on this day personally ap) 2 foregoing instrument, and of Chancellorsville Venture, 2zc, known to me to be the person whose cdi 3 \E g é pao a dersipmts Sent on this day personally appeared Paul Conant, President of Wesichester on the Creek Homeownes$ Associa!
instrument, and acknowled gato Sriiatlb AND SEAL OF OFFICE this the 18/Diay or may 2000 sce Public fi and for ig | State of Texas ark ’ State of Texas COUNTY OF DALLAS te daFoen 2000103 00008 | Finst AMZAIDMENT OF DECLARATION OF WESTCHESTER ON THE CREEK PaGR 3 OF 4 PAGES rs a ee SPOT ET TTS SSS Sea ap Ree ean ‘ Exuisit “A” Robert McKenzie-Smith, LTD/Chancellorsvilte Venture Howard & Kimberly Adamson John C & Patricia M Gonzales Morufu O Akintola Nancy Gonzales Diane Alexander Raymond & Laura Gonzates Bluford & Laura Allen Vanitha Gowda Todd & Angela Allison Eli Gross Emmanuel & Rosetta Asafu-Adjaye Angel V Guerra Irvin & Sheronna Ashford Marissa Gutierrez Gustavo & Cheryl Baez Thomas & Sheri Balthrop James Curtis Barnes Donnie Belk Sandra R Bell Carole A Beyer Maxie Bishop Charles R & Cynthia Howles
l V Guerra Irvin & Sheronna Ashford Marissa Gutierrez Gustavo & Cheryl Baez Thomas & Sheri Balthrop James Curtis Barnes Donnie Belk Sandra R Bell Carole A Beyer Maxie Bishop Charles R & Cynthia Howles Shawn & Jennifer Brunson Christopher T & Stephanie T Burns Colette Callow Vandy & Chakrya Cheun Brandon Clark Michael A & Stacy Cozad Charley & Verna Croomes Christopher G Davies hans A & Rachel Khazem Anthony L & Tannesha R King Douglas G & Sherryl L Kolpanen Frank & Kewlee Koorasingh Anatolly & Galina Lapshova Bryan & Christy Lee Fredric L Link Michael S & Donna C Marsicanio Joseph F & Charmaine Martinez Monique E Mason Joann Matthews Julia A McCampbell Lisa C & Ray R McGrough Gordon & Connie L Mize William Mock Linda Gilstrap Gregory & Rhonda Goffinet First AMFMDMENT OF DECLARATION OF WESTCHESTER ON THE CREEK Members Voting in Favor of First Amendment of Declaration of Westchester on the Creek b & Tanisia Revis Mark Onven Rewis Lloyd & Leah Robinson Randy & Kristin Robinson Nadila Rosa Rodriguez Joe & Wenona B Rogers John Roper Herlinda Saldivar Richard Tl & Mary S Santos Tracy C & Kerwin Schultz Arlene Scott Thomas Scott Keith S Sharkey Adam & Suzanne Sherif Valerie & Clarence Shepard Christopher Simson Douglas & Joy Smith Michael & Deborah L Smith Calvin & Karen Smith Sangwon & Hee § Son Gary W & Jessica L Sorrels David A & Carrie L Sweezey Ricky A Templeton Willie D Thomas Hernan Tijerina Jerry W & Laurel G Trostle Eugene & Nicole Villalobos Bruce D & Joyce Wadsworth James D & Tammy Watterson Timmy D & Janice R Welch Bilty Don White Todd Ray & Denise Wood Bobby D & Yuveita Lynn Woods 2000103 00009 Pack 4 oF 4 PAGES {sopaicome nee yf BRS yn SR REE ASS cmc, ene!
i: i FRED onnniny 25. AM 81 ardation, Return to; er~On-The-Creek HOA
D & Yuveita Lynn Woods 2000103 00009 Pack 4 oF 4 PAGES {sopaicome nee yf BRS yn SR REE ASS cmc, ene!
i: i FRED onnniny 25. AM 81 ardation, Return to; er~On-The-Creek HOA Prairie, TX 75054-0335 Any provision herein which cactricts the sale, rental, or use ct the Sescrtded real property boceuse of color or race is invalid ond unentorceabla under federal jaw, STATE OF TEXAS COUNTY OF DALLAS U hereby certify this instrument was filed on the date end time ‘stamped herean by ma and was duly recorded in tha volume and of ae cerns records of Daliaa County, Texas as stamped ere MAY 25 2000 COUNTY nty, Texas