RECEIVED MAY 07 25 Se eee FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WYNDSOR POINTE ADDITION WHEREAS, on or about the 9% day of August, 2007, Stonebrook Realty Investment Partners, LTD., a Texas.limited partnership, in.the. capacity.ofthe Declarant. and_as. Se te ae the owner and developer of certain real property located in Collin County, Texas as described therein, did execute that certain Declaration of Covenants, Conditions and Restrictions for Wyndsor Pointe Addition (the “Declaration”) and make the same applicable to the “Property” as defined therein to wit: The certain real property located in Collin County, Texas consisting of an approximately 21.806 acre tract of land described on Exhibit “A” attached hereto and made a part hereof for all purposes (“the Property”).
WHEREAS, in accordance with Article II of the Declaration, the Property, including any additional land added, is subject to the Declaration.
WHEREAS, it is hereby affirmed that as of the date of this First Amendment the Development Period has not yet expired.
WHEREAS, in accordance with Article V of the Declaration the Basis and Amount of Annual Assessment for each Lot owned by each Class Member has been established.
WHEREAS, in accordance with Article IX of the Declaration a protective - covenant allows consolidation of lots into a single building location for the purpose of constructing one (1) Dwelling Unit on the consolidated Lots with the prior express written consent of the Declarant during the Development Period.
WHEREAS, the Declaration did not contemplate whether or not the Annual Assessment for each Lot would continue to be paid on each lot owned after a single owner obtained permission from the Declarant during the
the Declaration did not contemplate whether or not the Annual Assessment for each Lot would continue to be paid on each lot owned after a single owner obtained permission from the Declarant during the Development Period to consolidate lots for the purpose of constructing one (1) Dwelling Unit on the Consolidated Lots.
WHEREAS, in accordance with Article XIII of the Declaration the Declarant has been appointed as each and every Owner, Member and Resident’s 1 attorney-in-fact by appointment through Power of Attorney to exercise, do or perform any act, right, power, duty or obligation whatsoever in connection with, arising out of, or relating to any matter whatsoever involving the Declaration and the Subdivision, including the complete and unfettered right and privilege to amend, change, revise, modify or delete portions of the Covenants, and each and every Owner, Member and Resident specifically and affirmatively authorizes and empowers the Declarant, utilizing the attorneyin-fact status of Declarant to undertake, complete and consummate any and all such amendments, changes, revisions, modifications or deletions as the Declarant (in its sole absolute discretion) shall deem reasonable and appropriate.
NOW, THEREFORE, the Declaration is amended as follows: following Subsection to Section 5.3 (b)(iv) thereto: (c) IfDeclarant grants permission to consolidate two lots for the purpose of constructing one (1) Dwelling Unit on a Consolidated Lot, the Member owning the Consolidated Lot shall pay an amount equal to double the Annual Assessment of a Lot. Consequently, the Annual Assessment will be the same as if the Lots were not consolidated.
IN WITHESS WHEREOF, the undersigned Declarant of the Wyndsor
equal to double the Annual Assessment of a Lot. Consequently, the Annual Assessment will be the same as if the Lots were not consolidated.
IN WITHESS WHEREOF, the undersigned Declarant of the Wyndsor Pointe Addition hereby certifies that this amendment was approved in accordance with the terms and provisions of the Declaration with any required notices properly given.
DECLARANT: STONEBROOK REALTY INVESTMENT PARTNERS, LTD., a Texas limited partnership By: Stonebrook Realty Investment “Partners GP, Inc., a Texas corporation, its General Partner By: .
Steven M. McCraw, President STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledge before me on the day of L 2015 by Steven M. McCraw, President of Stonebrook Realty Investment Partners, GP, Inc., a Texas corporation, General Partner of Stonebrook Realty Investment Partners Ltd., a Texas limited partnership, \on behalf of said limited liability company and limited partnership.
RECEIVED APR 13 206 CONSENT AGREEMENT between Jason Camper (“Owner”) 6542 Gerrard St. Frisco, TX 75034 on the one hand, and Stonebrook Realty Investment Partners, LTD a Texas limited partnership, Attention: John Tarlton, Junction Realty, Inc. d/b/a Junction Property Management, P.O. Box 810552, Dallas, TX 75381 (“Declarant”), on the other hand, and is being - entered into in consideration of the following mutual covenants and benefits herein: 1. PARTIES.
(a) Owner is an individual who owns two lots within the subdivision known as the Wyndsor Pointe Addition located in Collin County, Texas.
The two lots have respective addresses of 6542 Gerrard St: and 6526 Gerrard St, Frisco, TX 75034.
(b) Declarant is the owner and developer of certain real property
ion located in Collin County, Texas.
The two lots have respective addresses of 6542 Gerrard St: and 6526 Gerrard St, Frisco, TX 75034.
(b) Declarant is the owner and developer of certain real property located in Collin County, Texas known as the Wyndsor Pointe Addition (“Subdivision”).
2, AUTHORITY.
(a) By and through Article IX of the fully executed Declaration of Covenants, Conditions and Restrictions for the Subdivision (“Declaration”) executed on or about the 9% day of August, 2007, Declarant has the authority to provide express written consent to allow the consolidation of lots within the Subdivision into a single building location for the purpose of constructing one (1) Dwelling Unit on the consolidated Lots.
(b) By and through Article XIII of the Declaration, the Declarant has been appointed as each and every Owner, Member and Resident’s attorney-in-fact by appointment through Power of Attorney to exercise, do or perform any act, right, power, duty or obligation whatsoever in connection with, arising out of, or relating to any matter whatsoever involving the Declaration and the Subdivision, including the complete and unfettered right and privilege to amend, change, revise, modify or delete portions of the Covenants, and each and every Owner, Member and Resident specifically and affirmatively authorizes and empowers the Declarant, utilizing the attorney-in-fact status of Declarant to undertake, complete and consummate any and all such amendments, changes, revisions, modifications or deletions as the Declarant (in its sole absolute discretion) shall deem reasonable and appropriate.
3. REQUEST AND COVENANT.
(a) Owner hereby expressly requests to consolidate his two lots as described in Section 1(a) of this Agreement and to do all things necessary to
em reasonable and appropriate.
3. REQUEST AND COVENANT.
(a) Owner hereby expressly requests to consolidate his two lots as described in Section 1(a) of this Agreement and to do all things necessary to consolidate the lots into a single building location for the purpose of constructing one (1) Dwelling Unit on the consolidated Lots.
(b) Owner covenants and agrees to remain obligated and to continue to pay the full Annual Assessment for each of his original two lots as if the lots had not been consolidated. Consequently, Owner’s Annual Assessment shall be equal to double the Annual Assessment for one lot. Such obligation shall pass to any subsequent owners of the consolidated Lot as described in Section 5.3(b)(iv)(c) of the First Amendment to the Declaration.
3. CONSENT AND AGREEMENT.
Declarant hereby expressly consents and agrees to allow the Owner to consolidate his two aforementioned Lots as described in Section 1{a) of this Agreement into a single building location for the purpose of constructing o one (1) Dwelling Unit on the consolidated Lots.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.
AGREED TO AND ACCEPTED to as of the date first referenced above: DECLARANT: STONEBROOK REALTY INVESTMENT PARTNERS, LTD., a Texas limited partnership By: Stonebrook Realty Investment Partners GP, Ine5—-——-—- — re a Texas corporation, its General Partner By: .
Steven M. McCraw, President OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF COLLIN WHEREAS STONEBROOK REALTY INVESTMENT PARTNERS, LTD., Is the owner of a tract of land in the City of Friscn, Collin County, Texas, being part of the JAMES BOUIN SURVEY, Abstract No. 32, and being part
WHEREAS STONEBROOK REALTY INVESTMENT PARTNERS, LTD., Is the owner of a tract of land in the City of Friscn, Collin County, Texas, being part of the JAMES BOUIN SURVEY, Abstract No. 32, and being part of the 35.12 acre tract of land described in deed to First Boptist Church of Frisco as recorded in Volume sin Page 1147 of the Land Records af Collin County, Texas and being more porticularly described as ollows: COMMENCING at a five~elghts inch Iron rad found in the north right-of-way line of Stanebrook Parkway . (100 foot right-of-way gt this point) for the southwest corner of o 10.00 acre troct of land described in deed to Corporation of the Episcopal Dincese of Dallas in Volume 5003, Page 3124 of the Land Records of Callin County, Texas; “THENCE with the north IIne of sald Stonebrook Parkway Northwesterly 34.49 feet along a curve to the left having o radius of 2250.00 feet, a centro! angle of 00 degrees 52 minutes 42 seconds, a tangent of 17.25 feet and a chord bearing and distance of North 64 degrees 55 minutes 17 seconds West, 34.49 feet to a one-half inch iron rod set at the POINT OF BEGINNING: THENCE continuing with the north lIne of said Stenebroak Parkway the following: Northwesterly 52.84 faet along a curve to the left having a radius of 2250.00 feet. a central angle of Ot degrees 20 minutes 44 secands, o tangent of 26.42 feet and a chord bearing and distance of North 66 degrees 02 minutes 00 seconds West, 52.84 feat ta a five—eights Inch Iron red found; North 23 degrees 17 minutes 38 minutes East, 10.00 feet to a flve—elghts Inch fron red found; Northwesterly 1,426.40 feet along a curve to the left having a radius of 2260,00 feet, a central angle of 58 degrees 41 minutes 51 secands, o tangant of 793.60 feet ond a chord bearing and
red found; Northwesterly 1,426.40 feet along a curve to the left having a radius of 2260,00 feet, a central angle of 58 degrees 41 minutes 51 secands, o tangant of 793.60 feet ond a chord bearing and distence of North 86 dagrees 03 minutes 17 seconds West 1,497.56 feet to a filve~elghta inch Iron rod found; South 74 degrees 35 minutes 47 seconds West 133.81 feet ta a flve~eights Inch iron rod found In the east line of Sterling Ranch, Phase One, an addition to the City of Frisco as recorded In Cobinet L.
Page 364 of the Map Records of Collin County Texas; THENCE North 24 degrees 40 minutes 07 seconds East 822.89 feat, clong the east line of sald Sterling Ranch, Phase One and with the aagt line of Sterling Ranch, Phose Two, an addition to the Clty of Frisco, Collin County, Taxas og recorded in Cobinet M, Page 8 of the Mop Records of Collin County, Texas to a a five—eights inch iren rod found in the south line of a tract of land described in deed to Horvest Fund V, L.P.. as racorded in Volume 6013, Page 1070; THENCE with the south fine of soid Horvest Fund V. LP. tract as follows: South 67 degrees 29 minutes 57 seconds East, 519.48 feet to a five—alghts inch iron rod found; _North 24 degrees. 39. minutes.39 seconds East;-300:23-feet-to-a-five—alghts Inch Iron tad found; “South 67 degrees 34 minutas 19 seconds East, 899.75 feet to a five—aights Inch iron rod found at the narthwest comer of said 10.00 ocre tract; THENCE South 07 degrees 52 minutes 21 seconds West, 474.60 feet with the west !lIna of said 10.00 acre tract, ta q one~half fron rod set for corner; : THENCE South 24 degrees 14 minutes 44 seconds West, 116.88 feet to the POINT OF BEGINNING and containing $49,871 square feet or 21.806 acrea of lend.
we Filed and Recorded Official Public Records
r; : THENCE South 24 degrees 14 minutes 44 seconds West, 116.88 feet to the POINT OF BEGINNING and containing $49,871 square feet or 21.806 acrea of lend.
we Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 04/28/2015 18:38:16 AM 20158428000478250