first amendment of declaration of …...1 first amendment of declaration of protective covenants of...
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FIRST AMENDMENT OF DECLARATION
OF PROTECTIVE COVENANTS
OF “GREENWOOD”
(Adding Unit No. 2)
* * * * * * * * * * * *
A. Declaration of Plan of Development.
IMPERIAL SAVINGS ASSOCIATION OF AMARILLO, owner of all of the real property as
shown by the map or plat attached to the Declaration of Protective Covenants of “Greenwood” of record
in the Deed Records of Randall County, Texas, in Volume 536,page l00-125 , dated November 26,
1974, does hereby declare this to be an amendment to said Declaration of Protective Covenant of
“Greenwood”, mentioned above, does hereby declare that the real property depicted in the map or plat
attached hereto and incorporate herein by reference for all purposes, marked Exhibit “A” shall be and is
a plan of development of said real property. The protective covenants pertaining and applicable to
single-family residential dwelling use and occupancy set forth in the Declaration of Protective
Covenants of “Greenwood”, referred to above, shall extend to and remain applicable to the real property
depicted on Exhibit “A” of this amendment except as the same are herein amended. This amendment is
to be construed to be supplemental to the above referenced Declaration of Protective Covenants of
“Greenwood” so that both said Declaration and this amendment, when read together shall be one, single
plan of development of all of the real property depicted in Exhibit “A” of the Declaration of Protective
Covenant of “Greenwood”, referred to above, and the real property depicted in Exhibit “A” attached
hereto.
1.1 NAME
The name of the real property depicted in Exhibit “A” is GREENWOOD, Unit No. 2.
1.2 Description
The real property hereby dedicated to this plan of development is situated in the South Half of
Section 6, Block 9.
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DECLARATION OF PROTECTIVE COVENANTS
OF “GREENWOOD”
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1.0 Declaration of Plan of Development
IMPERIAL SAVINGS ASSOCIATION OF AMARILLO, owner of the real property as shown by
the map or plat attached hereto and incorporated herein by reference for all purposes, marked Exhibit
“A,” does hereby declare that the real property depicted in said plat shall be and is a plan of
development of said real property and the protective covenants are created, imposed, and impressed
thereon as set forth below for the benefit of the undersigned and the future owners of said real property,
their successors, assigns, heirs, and administrators for the enhancement of the benefits of ownership of
said real property.
1.1 Name
The name of the real property depicted on Exhibit “A” is GREENWOOD.
1.2 Description
The real property hereby dedicated to this plan of development is situated in the South Half of
Section 6, Block 9 BS&F Survey, Amarillo, Randall County, Texas, and is more particularly described
by metes and bounds on Exhibit “B” attached hereto and incorporated herein by reference for all
purposes.
1.3 Saving Clause.
If any of the options, provisions, privileges, covenants or rights created by this Declaration shall
be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory
provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or rules of law
imposing time limits, then such provision shall continue only until twenty-one (21) years after the death
of the survivor of the now living descendants of Don C. Watson of Amarillo, Texas*
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2.0 Restrictions and Duration
The following restrictions are created, imposed and impressed on the real property shown on
Exhibit “A” and shall be perpetual (which real property is referred to as Tract B in the planned
development site plan of GREENWOOD submitted to the Planning and Zoning Commission and City
Commission of the City of Amarillo).
2.1 Permitted Uses
All of the numbered lots shall be used for single-family residential dwelling purposes only.
2.11 Prohibited Uses
No use shall be made of the real property which is inconsistent with single-family residential
dwelling use and occupancy. The following list of prohibited uses is not exhaustive; however, this list of
prohibited uses is set forth to give a general guideline of the type of use prohibited hereby, and the
omission of a particular, prohibited use is not to beinterpreted as permitting such use, the purpose being
to prohibit any use inconsistent with single-family residential dwelling use: The keeping, raising or
breeding of livestock or animals other than the usual possession of domestic pets; maintaining a kennel
or stable as defined by the ordinances of the City of Amarillo; keeping or possessing any horse, cow,
goat, sheep or like animals; maintaining any activity which emits or causes the emission of any noxious
sound, odor or solid particle (for example, the burning of trash, the playing of electrically amplified
musical instruments out-of-doors or in garages with garage doors open, the racing of internal
combustion engines [whether automobile or motorcycle]); maintaining a child-care home or
kindergarten school; maintaining a beauty shop or barber shop; maintaining any business or advertising
signs other than one sign advertising the real property on which it stands as being for sale, which sign
shall be no larger than one foot by two feet (l’x2’); maintaining any business or advertising sign on the
premises (except as provided in the preceding example); growing or allowing the growth of any noxious
weed or vegetation; maintaining a trade or business office except where the same involves little or no
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customer, client, or business associate traffic on and off the premises; maintaining a church or religious
worship center; allowing trash, garbage, or refuse to accumulate except as provided in the next
paragraph.
2.12 Trash Collection
All trash, garbage, or refuse shall be accumulated and stored inside and within the improvements
on the property and no garbage will be accumulated or stored outside in any manner; provided, however,
on trash and sanitation truck pickup dates (as scheduled by the City of Amarillo), trash, garbage or
refuse may be stored in non-rigid, tear-resistant containers placed (on the day or days of trash pickup) at
the front lot line or curb of the lot. Such containers shall be securely fastened to prevent spillage. This
provision shall not apply to those lots in Blocks l and 6 shown on Exhibit “A” which abut existing alleys
along the East line of GREENWOOD.
2.13 Construction and Materials
No building may be moved upon any part of the real property which is the subject matter of these
protective covenants and no temporary building, mobile home, camper, trailer, garage, barn, basement,
tent or similar structure may be used at any time thereon as a residence. One of the purposes for
imposing these building and use restrictions is to require the new construction of permanent, single-
family residential dwellings, and no structure may be used for a residence inconsistent with that purpose.
All construction on the real property covered by these restrictive covenants shall comply with the zoning
ordinances and building code of the City of Amarillo, Texas. The roofs of all improvements constructed
on the land covered by these restrictive covenants shall be of wood shingle or composition shingle
materials; however, roofs having a roof pitch not in excess of 2 in 12 may use crushed marble or rock
materials on such roof. Exterior, finished walls of concrete blocks or asbestos shingles are prohibited.
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2.2 Outbuildings
No detached outbuildings shall be permitted on any of the land affected hereby (whether
constructed on the premises or ready-built or moved on), except as approved by the Architectural
Control Committee of Greenwood Homeowner’s Association, Inc.created by the Bylaws of the
Association and as provided in paragraph 2.6, below.
2.3 Streets
In consideration of the benefits accruing to the undersigned, its successors and assigns, all of the
land shown as streets on Exhibit “A” is hereby dedicated to the public for the use of the public as streets.
Because of the unusual configuration of the streets some of the streets hereby dedicated are of less than
normal width for streets in the City of Amarillo. No alleys are dedicated for the same reason and in order
to obtain maximum utility of the land.
2.4 Building Lines and Setback
The following minimum setback distances shall be applied to all residences constructed on the
land covered by these protective covenants which setback distances shall be measured at right angles to
the indicated reference line: Front line setback, twenty feet (20’); side yard setback (one side only), zero
feet (0’); building separation setback, ten feet (10’); rear yard setback, ten feet (10’); corner lot setback
from side street, ten feet (10’) unless otherwise specified on Exhibit “A.” Exhibit “A”.
2.5 Lot Coverage.
Improvements constructed on any of the numbered lots shown on Exhibit “A” shall cover no
more than forty—five percent (45%) of the lot area.
2.51 Building Site or Lot Size
No lot or building site shall contain less than 4,950 square feet and shall have a minimum lot
width of 55 feet and a minimum lot depth of 90 feet.
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2.52 Building Height.
No improvements shall exceed two stories in height.
2.53 Garages and Driveways
Each residence constructed on the property covered by these restrictions shall include an
attached garage which, when the garage door or doors are lowered, is completely enclosed. Each garage
shall be serviced by a concrete driveway at least eighteen feet (l8’) in width, which concrete driveway
shall extend to the access or opening to the public street. Gravel, caliche, asphalt, dirt, grass, and strip
driveways are prohibited.
2.6 Architectural Control Committee
No building, fence, wall or other structure shall be commenced, erected or maintained nor shall
any exterior addition to or change or alteration therein be made until the plans and specifications
showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to
and approved in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Board of Directors of the Homeowner’s Association (described in
paragraph 6.0 et seq., below) or by an architectural committee composed of three (3) or more
representatives appointed by the Board. In the event said Board, or its designated committee, fails to
approve or disapprove such design and location within thirty (30) days after said plans and
specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or
change has been commenced prior to the completion thereof, approval will not be required and this
provision shall be deemed to have been fully complied with.
2.7 Street Parking and Sidewalks
The parking of vehicles in the streets dedicated to public use hereby may be restricted to one side
of the street if designated and marked by the City of Amarillo. Concrete sidewalks, four feet (4’) in
width, shall be constructed on each lot or parcel of land as shown by Exhibit “A.” Exhibit “A”.
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2.71 Prohibited Vehicles
No trailer, boat, truck, camper, or inoperative motor vehicle shall be parked on any street,
driveway, lot or building site subject to these restrictive covenants. The terms “trailer, boat, truck,
camper, or inoperative vehicle” are intended not to be an exhaustive list of the types of objects
prohibited hereby but are intended to indicate a class of objects or personal property which is deemed
detrimental to the purposes of these restrictive covenants, and objects or personal property similar to
such listed objects or personal property are prohibited as if described here in detail.
2.72 Traffic on Common Areas.
No vehicular or motorcycle traffic of any kind shall be allowed on any portion of the common
areas and no vehicular or motorcycle traffic shall be allowed on any sidewalks, whether in the common
areas or on any of the residential lots or building sites included in the real property shown on Exhibit
“A”; provided, however, sanitation, maintenance, delivery and emergency vehicles are not prohibited
where performing such services.
2.8 Air Space
No television or radio antennae shall be attached to the exterior of any of the improvements
constructed on the real property shown on Exhibit “A” except ordinary and customary television
antennae normally associated with residential property, and each such residence shall be allowed to have
only one such antenna visible on the exterior of the residence. No chimney shall be constructed which
extends more than five (5) feet above the highest part of the roof of the residence to which the chimney
is attached.
2.9 Side Yard Easements
There is hereby created an easement upon and over any lot immediately adjoining and
contiguous with a structural wall of a dwelling erected on a common lot line, the width of which
easement shall be five feet (5’), which shall be located on such adjoining lot and immediately adjacent to
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and parallel with said common lot line, the length of which easement shall be equal to the length of such
common lot line. The easement area created hereby is called the ‘servient tenement” and the lot or lots
immediately adjoining and contiguous with such easement is called the “dominant tenement.” Said
easement shall be for the purpose of permitting overhang and drainage and the maintenance, repair, and
restoration of any wall located on any common lot line. Such use shall be subject to the rights of any
other easement holder such as a utility and is further subject to the rights of the owner of the servient
tenement as herein provided. The dominant tenement owner shall protect and hold harmless the servient
tenement and its owner from any and all liens, claims, or liabilities arising out of or connected with the
use of the easement area which will become an annoyance or nuisance to the owner of the servient
tenement. The servient tenement owner shall have the right at all reasonable times to enter the easement
area in order to repair, maintain, and restore any structural wall located on the servient tenement and
shall give prior notice to the owner of the dominant tenement of intention to enter the easement therein
for that purpose.
2.91 Utilities Easements
All utilities services (including sanitation, gas, water, and electricity) shall be underground and
shall be located in the street rights-of-way of the streets shown on Exhibit “A” and maintenance, repair
and construction easements are hereby created in said street rights—of-way for the purpose of
constructing, maintaining and repairing electrical lines, gas lines, and sewer and water lines delivering
such services to the property. Telephone service lines shall be underground and shall be located along
the rear lot lines of the property covered by these restrictions. A public utility easement for the
construction, maintenance, and repairs of telephone service lines and other utility lines is hereby granted
having a width of twelve feet (12’), the center line of which is the rear lot lines of the real property
referred to above as depicted on Exhibit “A.” A like easement is hereby granted for such utilities as
listed above in, over and across the common areas shown on Exhibit “A.” Transformers, pedestals, and
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meters, as well as other incidental and necessary equipment, may be located on the surface along said
easements. Cable?
3.0 Common Areas and Parks
The real property shown on Exhibit A and designated “Tracts A through L” is “Common Area” and
is hereby created for the beautification and enhancement of the plan of development depicted on Exhibit
“A” and for the use and enjoyment of the owners of the property to which these restrictive covenants
pertain.
3.1 Uses of Common Areas. - Curfew?
The common area depicted on Exhibit “A” shall be used by the owners of the property hereby
5ubjeCted to these protective covenants for the recreation and enjoyment of said owners including
hiking, bicycling, and other recreational activities normally associated with parks or similar open spaces.
The use of the common areas is hereby restricted to said owners, their families and guests, and all others
are hereby prohibited from use of the same. The plan of development of GREENWOOD envisions
dedication of additional land for uses similar or related to the uses of the land covered by these
protective covenants which will be subject to the same or similar protective covenants. All of the
common areas located throughout GREENWOOD, whether dedicated hereby or at a later date, are and
will be for the use and enjoyment of all of the said owners designated in each successive declaration of
protective covenants.
3.11 Development of Other Common Areas
The undersigned, its successors and assigns (including Greenwood Homeowner’s Association,
Inc.) covenants and agrees to develop the common areas substantially as shown on the site plan of
GREENWOOD approved by the Planning and Zoning Commission and the City Commission of the
City of Amarillo, Texas, concurrently with any additional development and platting of property shown
on said site plan.
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3.2 Emergency Vehicle Access
Use and access of the common areas depicted on Exhibit “A” is hereby granted to any and all
emergency vehicles (including ambulances and police and fire fighting vehicles) where the use of the
common areas is reasonably necessary for the performance of official duty in a bona fide emergency.
3.3 Fences, Sidewalks, and Lighting
Fencing, sidewalks, footpaths, and lighting of common areas shall be constructed, maintained
and repaired by the Homeowner’s Association referred to below (as provided in paragraph 3.5, below).
Such construction, maintenance and repair shall include, but are not limited to, the landscaping and
replacement of landscaping, the improvements thereof; and lighting, lighting fixtures, and globes.
3.4 Prohibited Uses of Common Areas
The common areas depicted on Exhibit “A” shall be used for no purposes other than the
recreational purposes stated herein, and no person shall use any property adjoining said common areas in
such a way as to impede or interrupt the recreational uses of said common areas. By way of example, no
owner of real property located within the real property to which these restrictive covenants apply shall
encroach on the common areas nor shall any improvements create any overhang (other than trees,
shrubbery or other vegetation) into or over said common areas; provided, however, any landscaping on
property adjoining the common areas which.is reasonably determined by the Homeowner’s Association
(by and through its duly authorized representatives) to diminish or impede enjoyment of the common
areas shall be removed by the owner of such adjoining property upon the request of the Homeowner’s
Association. If such request is not complied with within a reasonable time, the Homeowner’s
Association is empowered to remove said impediments at the expense of said owner.
3.5 Ownership of Common Areas.
Until the function of maintenance and repair of common areas, as described on the attached
Exhibit “A” is transferred to the Homeowner’s Association (referred to below), the undersigned shall
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construct, maintain, and repair the same at such times and in such manner as it shall determine. Upon
such transfer of said common areas to the Homeowner’s Association, maintenance, construction, and
repair thereof shall be an expense of the Homeowner’s Association.
3.6 Disposition of Common Areas
In the event of the abrogation of the protective covenants created hereby, the undersigned, its
successors and assigns (including Greenwood Homeowner’s Association, Inc.) may dispose of the
common areas as it sees fit, subject to approval by the City of Amarillo. Upon the determination by a
court of competent jurisdiction that the failure of the undersigned or of Greenwood Homeowner’s
Association, Inc., to maintain the common areas to the effect that the common areas or conditions
therein constitute a real hazard to the health, safety, and welfare of the inhabitants of GREENWOOD or
of the City of Amarillo, the City of Amarillo is empowered and may elect to take whatever action it
deems necessary to eliminate the same, including the right to maintain the common areas as a municipal
park and to collect dues and assessments from the owners of property privileged hereby to use said
common areas which would have been collected and assessed but for such disposition or court
determination, thereby subrogating the City of Amarillo to the rights and remedies of the
Association.
3.7 Definition of Member; Use of Common Areas
Only for purposes of use of common areas, “member” is defined to be that person or persons
lawfully occupying any lot or parcel of land located in GREENWOOD, whether shown on Exhibit
“A” or subsequently described as part of GREENWOOD in another declaration of protective covenants,
their immediate family and guests and invitees.
4.0 Common Areas
The common areas included in the attached plat, Exhibit “A,” shall be constructed by the
undersigned, its successors and assigns. The undersigned shall maintain and repair the common areas
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until it transfers that maintenance and repair function to the Homeowner’s Association. Until such
transfer, dues paid to and collected by the Homeowner’s Association shall be paid over to the
undersigned for use in maintenance and repair of the common areas.
4.1 Amendment
These protective covenants may be amended only upon an affirmative vote of sixty-seven
percent (67%) of the members of Greenwood Homeowner’s Association, Inc., at a meeting duly called
by that corporation. “Members” for the purposes of this paragraph is defined in paragraph 5.1, below.
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HOMEOWNER’S ASSOCIATION
5.0 Homeowner’s Association
A Homeowner’s Association, to be called “Greenwood Homeowner’s Association, Inc.,” shall
be created for the purpose of enforcing the restrictive covenants set out herein and to maintain the
common areas of GREENWOOD.
5.1 Nonprofit Corporation
A nonprofit corporation, incorporated under the laws of the State of Texas, shall be formed with
two (2) classes of membership. Because the undersigned envisions the development of additional units
of GREENWOOD adjacent to the land shown on Exhibit “A” the owners of which shall be members of
the same nonprofit corporation, the membership classes are defined below to accomodate membership
of owners of land used as shown on the site plan approved by the Planning and Zoning Commission and
the City Commission of the City of Amarillo, Texas. The first class of membership shall be known as
Class A and shall include the owners of single-family, residential dwelling real property located in
GREENWOOD as shown on Exhibit “A” (and any other single-family residential dwelling units or lots
[excluding apartments] which may subsequently be developed within GREENWOOD,) each of which
memberships shall have one vote for each lot or parcel of land owned, as shown on Exhibit A; for
example, if husband and wife owned Lot 12 in Block l, as shown on Exhibit “A,” they would be entitled
to cast one vote as a member of the nonprofit corporation); the second class of membership shall be
known as Class B which shall be the undersigned and which shall be entitled to three (3) votes for each
lot or parcel of real property owned, as shown on Exhibit “A.” Class B membership shall cease and be
converted to Class A membership on the first to happen of either of the following events: (a) When the
total votes outstanding in Class A membership equal the total votes outstanding in Class B membership,
or (b) on October l7, 1980.
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5.2 Membership, Dwelling
Each owner of a single-family residential dwelling lot or building site located in GREENWOOD
as shown by the recorded map or plat thereof in the Deed Records of Randall County, Texas, shall be a
member of the association. Such membership shall be referred to as Class A members and the owner of
each such lot or building site shall have one vote for each and every lot or building site owned. No Class
A member shall be required to pay any consideration whatsoever solely for a membership in the
corporation.
5.3 Membership, Imperial Savings Association of Amarillo
Imperial Savings Association of Amarillo, the initial developer of GREENWOOD, shall be a
Class B member of the association and, until it transfers and conveys the common areas of
GREENWOOD as shown by the recorded map or plat thereof, it shall be entitled to three (3) votes for
each and every lot or building site owned in GREENWOOD. After conveyance of the common areas to
Greenwood Homeowner’s Association, Inc., Imperial Savings Association of Amarillo shall become a
Class A member entitled to vote as provided above.
5.4 Limited Membership
Only an owner of real property located in GREENWOOD as provided in the bylaws, shall be a
member of the association, and no other person or entity shall be entitled to membership. Ownership of
one lot or building site by several joint or common owners shall entitle all of those joint or common
owners to only the number of votes applicable to the ownership of the lot or building site or block, as
provided above; that is, by way of example, two (2) undivided interest owners sharing ownership of one
lot or building site have between them only one vote since such undivided interest owners together own
only one lot or building site.
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5.5 Transferability
Membership in the association is appurtenant to each parcel of real property owned (as limited
and provided above) and a membership cannot be transferred, assigned, pledged, hypothecated or
encumbered in any manner as if it were a separate piece of personal property, it being the purpose of the
bylaws to make ownership of real property in GREENWOOD and membership in the association
inseparable.
5.6 Dues
Each member shall be obligated to pay dues to the association commencing thirty (30) days after
conveyance of a lot or parcel of land as described on Exhibit “A” by the undersigned to such member.
The amount of such dues shall be determined by the Board of Directors of the association for each class
of members of the association; provided, however, the monthly dues for each membership class shall not
exceed the amounts indicated as follows except as provided below: (a) (Class A, $30.00 per month; (b)
Class B, $ 30.00 per month.
5.61 Increasing Maximum Dues
The method for increasing the maximum dues, provided above, is as follows: From and after
January l of the year immediately following the conveyance of the first lot to an owner, the maximum
annual assessment for all classes of membership may be increased (a) not more than five percent (5%)
above the maximum dues for the previous year without a vote of the membership; (b) above five percent
(5%) by a vote of 67% of all members (regardless of classes) who are voting in person or by proxy at a
meeting duly called for that purpose. The Board of Directors may fix the annual assessment of dues at
an amount not in excess of the maximum.
5.62 Special Assessments for Capital Improvements
In addition to the annual assessment of dues provided above, the Board of Directors of the
corporation may levy a special assessment applicable to the year in which such assessment is acted upon
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by the Board only for the purpose of defraying the cost of any construction, reconstruction, repair or
replacement of capital improvements upon the common areas; provided, however, any such assessment
shall have the affirmative vote of two-thirds (2/3) of the vote of the membership (regardless of class)
voting in person or by proxy at a meeting duly called for that purpose.
5.7 Lien for Dues
A lien is hereby created to secure payment of the dues authorized to be assessed and collected in
the immediately preceding paragraph by Greenwood Homeowner’s Association, Inc.; Board of
Directors, which lien shall secure payment of any and all dues which have been assessed and which are
past due and owing by any member. The lien so created shall be a lien against the land owned in whole
or in part by such member and shall be a continuing lien against said real property until paid and this
shall be binding upon such member (also called “owner”), his successors, assigns, heirs, executors and
administrators. 5.71 Subordination of Lien. The lien for dues provided in paragraph 5.7 above, shall be
subordinate to the lien of any mortgage or mortgages now or hereafter placed upon any lot, tract or
parcel of land described on Exhibit “A.”
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SIGNED and DATED this __________ day of October, 1974, by the duly authorized and
acting officers of the undersigned.
IMPERIAL SAVINGS ASSOCIATION OF AMARILLO
By___________________________________________
Fred L. White, President
ATTEST:
____________________________________________
Tommy G. Lane, Executive Vice
President and Secretary
THE STATE OF TEXAS §
§
COUNTY OF _________§
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared FRED L. WHITE, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
IMPERIAL SAVINGS ASSOCIATION OF AMARILLO, a corporation, and that he executed the same
as the act of such corporation for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of ________ ,
1974.
__________________________
Notary Public, County, Texas
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A tract of 1and_out of Section 6, Block 9. BS&F Survey in Randall County, Texas, described as
follows:
BEGINNING at a point from whence the Northeast corner of said Section 6 bears North 00° 24’ 00”
west, 2532.23 feet and South 89° 43’ 30” East 4145.20 feet;
THENCE South 89° 43’ 30” East, 30.00 feet to a point;
THENCE North 00° 24’ O0” West, 10.35 feet to a point;
THENCE North 70° 40’ 31” East, 28.28 feet to a point;
THENCE Northwesterly 163.50 feet on a curve to the right with a radius of 495.0 feet to point of
tangency;
THENCE North 00° 24’ 00” west, 95.05 feet to a point;
THENCE South 89° 43’ 30” East, 414.93 feet to a point on the West line of Tangowood Subdivision
Unit No. 1;
THENCE Southeasterly 413.19 feet along a curve to the left whose radius point bears North 77° 38’ 02”
East, 1946.95 feet, to point of reverse curvature;
THENCE Southeasterly 268.91 feet along a curve to the right with a radius of1119.33 feet to a point on
the North line of Southwest 51st Avenue;
THENCE 69° 55’ 20” West, 11.55 feet to a point;
THENCE South 20° 04’ 40” East, 60.00 feet to a point;
THENCE Southerly 403.08 feet along a curve to the right whose radius point bears South 82° 22’ 03”
West, 1119.33 feet, to a point of reverse curvature;
THENCE Southwesterly 319.05 feet along a curve to the left with a radius of 1436.54 feet, to a point on
the North line of Southwest 53rd Avenue;
THENCE North 89° 43’ 30” West, along the North line of Southwest 53rd Avenue, 600.60 feet to a
point;
THENCE North 00° 24’ 00” West, 1148.10 feet to the POINT OF BEGINNING and containing 19.3528
acres in area.
B5&F Survey Amarillo, Randall County, Texas, and is more particularly described by metes and bounds
on Exhibit “A” attached hereto
B. All references to “Exhibit ‘A’” contained in the Declaration of Protective Covenants of
“Greenwood” the paragraphs numbers listed below are hereby amended to read as follows: “Exhibit
‘A’” and on the recorded maps or plats of subsequently developed units within the plan of development
known as ‘Greenwood’.” The following paragraphs are so amended: 2.0; 2.12; 2.5; 2.7; 2.72; 2.8; 2.91;
3.1; 3.2; 3.4; 3.5; 4.0; 5.6; 5.71.
C. The following paragraph is added, in its numerical order to the Declaration of Protective
Covenants of “Greenwood”, mentioned above.
“2.92 Mailboxes. All receptacles for the collection and delivery of residential mail
by the U.S. Postal Services shall be located at the street-curb of each block
designated for residential use as shown on the attached map, Exhibit ‘A’, and on
the recorded maps or plats of subsequently developed units within the plan of
development known as ‘Greenwood’. These mail receptacles shall service no
fewer than two nor more than five residential lots and shall be maintained,
repaired, and constructed by the homeowner’s association. The expense of
maintenance, repair, and construction shall be shared equally by the residential
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lots serviced by each such receptacle. The receptacles for each residential lot shall
be separate, but clustered in a common location. The receptacle shall not be a part
of the common areas as defined in paragraph 3.0, below.”
D. Paragraph 3.0 of the Declaration of Protective Covenants of “Greenwood” is amended to read as
follows:
“3.0 Common Areas. The real property shown on Exhibit ‘A’ designated
‘Common Area’ (and ‘Common Area’ designated and shown on the recorded
maps or plats of subsequently developed units within the plan of development
known as ‘Greenwood’) is hereby set aside for the beautification and
enhancement thereof and for the use and enjoyment of the owners of the property
to which these protective covenants pertain.”
SIGNED AND DATED this 4th day of December, 1975, by the duly authorized
and acting officers of the undersigned
IMPERIAL SAVINGS ASSOCIATION OF
AMARILLO
ATTEST:
By________________________________
Tommy G. Lane, President
By____________________________
Secretary (Assistant)