Page 1 of 27 D215028726 2/11/2015 10:40 AM PGS 27 Fee: $120.00 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records bay fo . & se) Mary L ™ “bey tot Car cee. Mary Louise Garcia 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. : FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WESTOVER SQUARE THE STATE OF TEXAS § § COUNTY OF TARRANT § This First Amendment to Declaration of Covenants, Conditions, ané Westover Square (“Amendment”) is executed to be effective as of the 15-day (‘Amendment Effective Date’).
iditions, and Restrictions 35 of the Deed Records this Amendment have the same meaning as such de ti WHEREAS, the undersigned ouctlen oe as owners of at least seventy-five percent (75%) of the House Sites, are authori d the Declaration pursuant to Section 8.03 thereof; and e Declaration to provide for an impact fee to nstruction and to fund capital improvements of due with thefiext monthly paynient of the Maintenance Charge following such commencement.
The purpose of the Construction Impact Fee is to offset costs to Westover Square associated with new construction and to fund capital improvements of Westover Square at the discretion of the Association. The Construction Impact Fee will be secured by the Maintenance Charge Lien.
The Owner of the applicable House Site shall promptly give notice of the commencement of construction to the Association, or cause the builder constructing the residence to provide notice.
For the purposes of this Section 5.07, construction will be considered as “commenced” upon the
nt of construction to the Association, or cause the builder constructing the residence to provide notice.
For the purposes of this Section 5.07, construction will be considered as “commenced” upon the earlier to occur of the (i) commencement of construction of improvements or (ii) delivery of materials to the House Site, each in accordance with Texas Property Code Section 53.124; 1 Page 2 of 27 provided, however, that the ultimate determination of whether construction has commenced will be made by the Association in its sole discretion and such determination shall be deemed conclusive. For House Sites on which construction of a residence commenced prior to the Amendment Effective Date, the Construction Impact Fee will not be assessed, except as set forth below in Section 5.08.
5.08 In the event of renovation, remodeling or repair work to a residence that commences on or after the Effective Date (“Renovation Work”) a Construction Impact Fee will be assessed in the following amounts: (i) for Renovation Work with an estimated\total construction cost that is less than twenty percent (20%) of the assessed valye 4f\the District, no Construction Impact Fee will be assessed; (ii) for Renovation estimated total construction cost that is greater than or equal to twenty perce than fifty percent (50%) of the assessed value of the improvements on the then current assessment of the Tarrant Appraisal District, the Construg construction cost that is greater than or equal to fifty percent r ssed value of the improvements on the House Site per the then current asges§ the Tarrant Appraisal District, the Construction Impact Fee will be assessed in \he of $10,000.00. The Construction Impact Fee assessed per this Section 4 and payable when such
the then current asges§ the Tarrant Appraisal District, the Construction Impact Fee will be assessed in \he of $10,000.00. The Construction Impact Fee assessed per this Section 4 and payable when such Renovation Work commences, and shall be paid by s of the Maintenance Charge following such comme purposes of assessing the Construction Impact aggregate construction cost of all Renova and shall not include separate design and en!
The total construction cost for ey this Section 5.08 will be based on the 4 opmed during any one (1) year period ides of a licensed architect or registered contractor performing the Renovation Work and who is retained and paid dir, mef. The Owner of each residence undergoing Renovation Work shall provide thé £ontractor performing the Renovation Work to provide, the Association w Mh Renovation Work prior to the commencement thereof. Promptly follow of the Renovation Work, the Owner of the residence shall deliver to the Associag ause its contractor to deliver, notice of the completion of the Renovation Work and evidente of the total construction costs associated with the Renovation total constructio 2 ated with such completed Renovation Work would result in a Construction Inff nat is different than the Construction Impact Fee actually paid to the Associa novation Work, then the Owner of the House Site shall promptly pay such diffe the Association, or, if applicable, the Association shall refund such difference to énly to the extent the Association has funds available at the time of such x” A transfer fee in the amount of One Thousand and No/100 Dollars ($1,000.00) shall be assessed on the transfer of any House Site (whether improved or unimproved) occurring
ilable at the time of such x” A transfer fee in the amount of One Thousand and No/100 Dollars ($1,000.00) shall be assessed on the transfer of any House Site (whether improved or unimproved) occurring on or after the Effective Date, to be paid to the Association by the transferee of the House Site simultaneously with the closing of the transfer. Such specific assessment will be secured by the Maintenance Charge Lien. It is understood that the foregoing assessment will not be applicable to a lender (not associated with the Owner of the House Site) exercising such lender’s rights or remedies under any mortgage instrument creating a lien on the House Site.
Page 3 of 27 2, Except as amended by this Amendment, all of the terms and conditions of the Declaration are ratified and remain in full force and effect. In the event of conflict between this Amendment and the Declaration, this Amendment controls.
3. This Amendment may be executed in one or more counterparts each of which will be an original, but all of which will constitute one and the same instrument.
& & aS Page 4 of 27 EFFECTIVE as of the date first set forth above.
AFTER RECORDING, RETURN TO: Marc N. Epstein Akin Gump Strauss Hauer and Feld LLP 201 Main Street, Suite 1600 Fort Worth, Texas 76102 Signatures on following pages & S iS 4 Page 5 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF 1804 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: fred Cowley Print Name: FRED COWLEY STATE OF TEXAS COUNTY OF Tarrant S $ $ This instrument was acknowledged before me on FRED Cowley ANOTARY PUBLIC STATE OF TEX ALMA R. RAMIREZ Notary Public STATE OF TEXAS My Comm. Exp. Aug. 17, 2015 Shic Cover Print Name: SHEILA Texas 2014 by Typed or Printed Name My Commission Expires: 8-17.2015 @nofficial copy STATE OF TEXAS COUNTY OF
REZ Notary Public STATE OF TEXAS My Comm. Exp. Aug. 17, 2015 Shic Cover Print Name: SHEILA Texas 2014 by Typed or Printed Name My Commission Expires: 8-17.2015 @nofficial copy STATE OF TEXAS COUNTY OF This 30 ment was acknowledged before me on day of Dec. 2044 by ALMA R. RAMIREZ Notary Public STATE OF TEXAS My Comm. Exp. Aug. 17, 2015 Notary Public, State of Texas ALMA RAMIREZ Notary's Typed or Printed Nama My Commission Expires: 8-177015 Signature Page to First Amendment to Declaration Page 6 of 27 EFFECTIVE as of the date first set forth above.
OWNER OF 1811, 1813 and 1823 WESTOVER SQUARE DRIVE, FORT WORTH TEXAS: CAPITAL PARTNERSHIP, L.P., a Delaware limited partnership By: Capital Genpar, L.L.C., a Delaware limited liability company, its general partner : STATE OF TEXAS Or Or Or COUNTY OF TARRANT This instrument was acknowledged before me on Hebert, Vice President of Capital Genpar, L.L.C., a Detawa of Capital Partnership, L.P., a Dela mited drshig os E 2, NEP ea he (3 day of Canna 2015, by Jay H.
ited alent company, general partner Me om . sRoAR a enlllitlity, 4 . - esheets ee, is Notary’s Typed or Printed Name My Commission Expires: q- 2(0-2018 Page 7 of 27 EFFECTIVE as of the date first set forth above.
OWNER OF 1/8/2 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: Mackytran Print Name: MACkye Elave STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on knowled 22 dax 6TDecem 2014 by Style Compton por Compton Notary Public State of Texas Phyllis Compton or Printed Name My Commission Expires: April 8, 2017 Unofficial copy NOTARY PUBLIC STA'E OF TERA PHYLLIS J COMPTON My Commission Expires April 8, 2017 Signature Page to First Amendment to Declaration Page 8 of 27 EFFECTIVE as of the date first set forth above.
ial copy NOTARY PUBLIC STA'E OF TERA PHYLLIS J COMPTON My Commission Expires April 8, 2017 Signature Page to First Amendment to Declaration Page 8 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF [8/ ¢ WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS STATE OF TEXAS § § — COUNTY OF _ (AZZAT § This instrament was acknowledged before me on &. da wd te 2018 by Lama c. sanz7er JASON JONES Notary Public. State of Texas My Commission Expires nae September 08, 2015 PE OES Tai Vole .
4 aeetttyy, s Se = DANA PAIGE ROBERTSON Neary | ei State of; Notary Public, State of Texas j 7 tiles My Commission Expires omer s Typed or Printed Name aa February 10, 2015 My Commission Expires: Signature Page to First Amendment to Declaration Page 9 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF [ EL(> WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: STATE OF TEXAS § § COUNTY OF _lauvant sg This instrument was acknowledged before me on 2015 by Loler R. Pesqueda : Notary Public ns of Texe Lolé Roberts Hes, Lech Notary’s Typed or Printed Nam Signature Page to First Amendment to Declaration Page 10 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF 1819 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: Print Name: R.C. RICHARDS JR STATE OF TEXAS COUNTY OF Jarrant This instrument was acknowledged before me on R.C. Richards, Jr.
GLENDA HARRIS MY COMMISSION EXPIRES January 2, 2017 Notary Public, State of Texas arris Notary's Typed or Printed Name Commission Expires: 1-2-17 by @hofficialCopy E Print Name: ELEE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on Eileen Richards.
GLENDA HARRIS MY COMMISSION EXPIRES January 2, 2017 12 day of Jan, 2015 by Bilen Annec "Glenda Harris
Name: ELEE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on Eileen Richards.
GLENDA HARRIS MY COMMISSION EXPIRES January 2, 2017 12 day of Jan, 2015 by Bilen Annec "Glenda Harris Notary Public, State of Texas Notary's Typed or Printed Name My Commission Expires: 1-2-17 Signature Page to First Amendment to Declaration Page 11 of 27 EFFECTIVE as of the date first set forth above.
OWNER OF 1820 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: Michael Shipper Print Name: Michael Skipper STATE OF TEXAS COUNTY OF Tarrant § § This instrument was acknowledged before me on Michael Skepper 23 2017 by Shtimer alim Notary Public State of Texas SheNy Latimer or Printed Name Expires: 7-17-17 Unofficial copy TAR YPUBLI STATE OF TEXAS SHELLY R. LATIMER Notary Public, State of Texas My Commission Expires July 17, 2017 Signature Page to First Amendment to Declaration Page 12 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF /9_4 A. WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: STATE OF TEXAS § at § COUNTY OF \AV Cant 5 This Yo was acknowledged before me on \ _ Nar 49>, da ef Sain 201S by ary’ Typed or Printed Name GLENOA HARRIS Print Name: STATE OF TEXAS : This ins € acknowledged before me on day of , 201. by COUNTY OF Notary Public, State of Texas Notary’s Typed or Printed Name My Commission Expires: Signature Page to First Amendment to Declaration PATE Page 13 of 27 EFFECTIVE as of the date first set forth above.
1824 OWNER OF file Rel WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: Print Name: RICHARD HUGHANI STATE OF TEXAS COUNTY OF § S This instrument was acknowledged before me on Richard Hubbard 12 day of Januam 2015 by KIMBER WEYHER Notary Public State of Texas My Commission Expres July 01, 2017 Notary Public, State of Texas Weyher
his instrument was acknowledged before me on Richard Hubbard 12 day of Januam 2015 by KIMBER WEYHER Notary Public State of Texas My Commission Expres July 01, 2017 Notary Public, State of Texas Weyher Notary's Typed or Printed Name My Commission Expires: 7/1/17 Unofficial copy Signature Page to First Amendment to Declaration Page 14 of 27 OWNER OF 1825 and 1827 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: OAKMONT FORT WORTH DEVELOPMENT, INC.
a Texas corporation By: Jay H Jay H. Hebert, Vice President STATE OF TEXAS COUNTY OF TARRANT § § § 015, by Jay H.
or January 2015 This instrument was acknowledged before me on the 13 day of Hebert, Vice President of Oakmont Fort Worth Development, Inc., a Texas corporation, on behalf of said corporation.
STEPHANIE ROBINSON NOTARY PUBLIC ☆ STATE OF TEXAS STA FXPIRES .........
Kohtusin Texas Name Expires: 9-26-2018 Unofficials Page 15 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF [ ¢ WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: Print Name: STATE OF TEXAS Lr un y COUNTY OF - 8 This oli was acknowledged before me on Q Typed or Printe¢ Name arene - KIMaER WEYHER NOtary Pubties State ot tes os | !
i My Commuiss:gn Expires July 03, 2077 eRe Print Name: STATE OF TEXAS § COUNTY OF § Notary Public, State of Texas Notary’s Typed or Printed Name My Commission Expires: Signature Page to First Amendment lo Declaration Page 16 of 27 EFFECTIVE as of the date first set forth above.
OWNER OF 1828, 1829, 1900, 1928, 1929 and 1936 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: WESTOVER SQUARE, L.P., a Texas limited partnership By: Westover Square Genpar, L.L.C., a Texas limited liability company, its general partner S\ By: Lt
d 1936 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: WESTOVER SQUARE, L.P., a Texas limited partnership By: Westover Square Genpar, L.L.C., a Texas limited liability company, its general partner S\ By: Lt Jay AA. /Hebert, Vice President © STATE OF TEXAS COUNTY OF TARRANT ublic, Stat Texas { Notary’s Typed or Printed Name My Commission Expires: q Lo “NE Page 17 of 27 EFFECTIVE as of the date first set forth above.
OWNER OF 1fI/ WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: — Karman _ Print Name: Rnn Ko CMAN STATE OF TEXAS § This instrument was acknowledged before me on \a da) WAN KO men.
7 MSs SF saz, GLENDAHARRIS MY COMMISSION EXPIRES] Januaty 2, 2017 ee Signature Page to First Amendment to Declaration Page 18 of 27 EFFECTIVE as of the date first set forth above.
owners or /823/ wesrover SQUARE DRIVEORT WORTH, TEXAS: Add Ki 2maw Print Name: STATE OF TEXAS COUNTY OF Print Name: STATE OF TEXAS § acknowledged before me on VX day of an ‘ 2015 by otaig PUIG S sate Ri me Notary’s Typed or Printed Nang My Commission Expires: -‘-\ Signature Page to First Amendment to Declaration Page 19 of 27 EFFECTIVE as of the date first set forth above.
OWNER OF WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: Print Name: Sowa Vs OSM AS STATE OF TEXAS —————e county or 4 Accent a This instrument was acknowledged before me on ona Aes mms.
CH Lt STs SUSAN G MAYBERRY Notary Public . +e : State of Texas Wad EY Comm. Expires 07-07-2018 *s Typed or Printed Name Ss Expires: Signature Page to First Amendment to Declaration Page 20 of 27 EFFECTIVE as of the date first set forth above.
STATE OF TEXAS § § This-instrument was acknowledged before me onc’
irst set forth above.
STATE OF TEXAS § § This-instrument was acknowledged before me onc’ han eC mas : ai SUSAN G MAYBERRY (he). Notary Public State of Texas Qa Notary% Typed or Printed Name ission Expires: Print Name: {J x Comm. Expires 07-07-2018 STATE OF TEXAS § COUNTY OF This ins acknowledged before me on day of Notary Public, State of Texas Notary’s Typed or Printed Name My Commission Expires: Signature Page to First Amendment to Declaration Page 21 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF }FO4wesrover SQUARE DRIVE, FORT WORTH, TEXAS: STATE OF TEXAS § COUNTY OF jared § This instrument was acknowledged before me on rol Weune AA 20IS by ALEXANDER PAORON My Commission Expires June 18, 2016 ilo eal Print Name: PAK (AIG Yorehey my STATE OF TEXAS LS COUNTY OF —_lfeats This instr pak ye jpomnowledged before me on Of day of ain : 2015 by alincs pho JE. dicle Se ON Z NPR ALEXANDER PADRON o Zit vu My Commission Expires June 18, 2016 Notary’s Typed or Printed Name My Commission Expires: Gal Signature Page to Fist Amendment to Declaration Page 22 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF Sos WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: PrintName: C4ve 270 STATE OF TEXAS § § — » This instrument was acknowledged before me on 2014 by LANG SS RD Notary Public STATE OF TEXAS My Comm. Exp. 09-02-18 ares Typed or Printed Name ission Expires: OA of he Notary’s Typed or Prinied Nan € i Notary P oe ta STATE OF Teka My Commission Expires: OZNS My Comm. Exp. 09.02.18 Sense, aay ORs Signature Page to First Amendment to Declaration Page 23 of 27
OA of he Notary’s Typed or Prinied Nan € i Notary P oe ta STATE OF Teka My Commission Expires: OZNS My Comm. Exp. 09.02.18 Sense, aay ORs Signature Page to First Amendment to Declaration Page 23 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF | 406 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: STATE OF TEXAS § § —e This instrument was acknowledged before me on VOX da 015 by shy wht ekey.
GLENDA HARRIS MY COMMISSION EXPIRES Januaty 2, 2017 dekKnowledged before me on \Oy day of Jan ‘ 2015 by br. Nirnte Notary Pipe, tate pf Texas Cilende Pacris Notary’s Typed or Printed Name Signature Page to First Amendment to Declaration Page 24 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF 1909 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: Le Print Name: FRANK LUKE STATE OF TEXAS COUNTY OF Jarrant § § Frank Luke This instrument was acknowledged before me on a day of Jan 2015 by GLENDA HARRIS MY COMMISSION EXPIRES January 2, 2017 Notary Public, State of Texas Glenda Harris Notary's Typed or Printed Name My Commission Expires: 1-2-17 Unofficial mofficialCopy Copy Que Print Name: Sue STATE OF TEXAS COUNTY OF Jarrant This instrument was acknowledged before me on GLENDA HARRIS MY COMMISSION EXPIRES January 2, 2017 12 day of Jan, 2015 by Ha Notary Public, State of Texas Glenda Harris Notary's Typed or Printed Name My Commission Expires: 1-2-17 Signature Page to First Amendment to Declaration Page 25 of 27 EFFECTIVE as of the date first set forth above.
(7 7 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: a STATE OF TEXAS This instrument was acknowledged before me on GL On LNnvwn “wn CHERI L. THOMPSON he) WOTARY PUBLIG STATE OF TEXAS
E, FORT WORTH, TEXAS: a STATE OF TEXAS This instrument was acknowledged before me on GL On LNnvwn “wn CHERI L. THOMPSON he) WOTARY PUBLIG STATE OF TEXAS ew 10-17-2016 a4 Nota Typed or Printed Name MYAComMNssion Expires: felt /2p) § acknowledged before me on jae 2 lay of J ditty 2015 by iaai~ He. Weta Notary Public, State of Tex: CLs bee Vt) bn Notary’s Typed or Printed Name My Commission Expires: LD/ L272 ole This. ZO CHERI L. THOMPSON 3 i NOTART PUBLIC STATE OF TEXAS COMMIBIION EXPIes: 41 o-1 77-2016 j Signature Page to First Amendment to Declaration Page 26 of 27 EFFECTIVE as of the date first set forth above.
OWNERS OF 1920 WESTOVER SQUARE DRIVE, FORT WORTH, TEXAS: och Print Name: DEAN O. COCHRAN, JR.
STATE OF TEXAS COUNTY OF Darrant S This instrument was acknowledged before me on Titlury Janet TIFFANY LANETTE JONES NOTARY PUBLIC .................
X Tiffany Notary Public, State of Texas Notary's Typed or Printed Name Expires: 2/24/15 Print Name: STATE OF TEXAS EXPIRES 2-24-2015 ORIGINAL copy Unofficial STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on day of 201 by Notary Public, State of Texas Notary's Typed or Printed Name My Commission Expires: 2015 by Signature Page to First Amendment to Declaration Page 27 of 27 Exhibit “A” Legal Description That certain tract of land known as Lots 1-23 and Tracts A, B and C, Block 1, “Westover Square” a subdivision out of the Peterson Pate Survey, Abstract 1202, Tarrant County, Texas, according to the map or plat thereof recorded in Volume 388/127 at Pages 63-64 of the Map Records of Tarrant County, Texas.
2@ O WS Signature Page to First Amendment to Declaration