Creekside at Stonebriar Professionally Managed by SBB Management Company An Accredited Association Management Company

Transcription

1 Creekside at Stonebriar Professionally Managed by SBB Management Company An Accredited Association Management Company 8360 LBJ Freeway, Suite 300 Dallas, Texas (972) Fax (972) NOTICE OF SPECIAL MEETING Dear Members, In accordance with Article XI, Section 11.3 of the Declaration of Covenants and Restrictions for Creekside at Stonebriar (DCCRs), a Special Meeting is scheduled for Monday, November 28 th, at 6:15 p.m. to be held at Frisco Public Library, located at 6101 Frisco Square Blvd, Frisco, TX Sign-in will begin at 6:00 p.m. The purpose of the Special Meeting is (1) to discuss and vote on amending the DCCRs to allow the transfer of common property to an owner/member of Creekside at Stonebriar, and, if the initial voting item is approved, then (2) to discuss and vote to allow the Hull Family to acquire 20 of common property directly behind their lot at 5546 Foard Drive to build a swimming pool. The amendment for consideration, and an outline of the Hull s update is attached as Exhibit A to this Notice. Representatives from the Board of Directors and SBB Management Company will be present to answer any questions. An affirmative vote (in person or by proxy) of 67% (2/3 rd ) of lot owners is required to approve the amendment to the DCCRs. In addition, Board President Mike Loflin will present an update on the proposed widening of Legacy between Warren and Town & Country, which will have an impact on the community. The Creekside at Stonebriar HOA is a member of the Stonebriar-Legacy Association of Neighborhoods (SLAN), and Mike serves as a Board member in their efforts to work with the City regarding traffic management options and timelines. The enclosed proxy is a written instrument, when signed by the member, duly appoints the member s voting rights and attendance to another member. Please take a moment to sign and return the enclosed proxy even if you plan to attend as unforeseen circumstances could occur. If you have turned in a proxy and you attend the meeting, the proxy becomes null and void. You may mail the proxy to SBB Management Company at 8360 LBJ Freeway, Suite 300, Dallas, Texas or fax to Phenicia Johnson or to p.johnson@sbbmanagement. Your attendance or proxy will help fulfill the quorum requirements. SBB Management Company, AAMC Attn: Phenicia Johnson 8360 LBJ Freeway, Suite 300 Dallas, Texas Phone: / Fax: p.johnson@sbbmanagement.com

2 PROXY Special Meeting Creekside at Stonebriar Homeowners Association, Inc. November 28, 2016 As an owner in the Creekside at Stonebriar Homeowners Association, Inc., I hereby appoint the Secretary of the Creekside Board of Directors or as my proxy, each with full powers of substitution, to vote for the undersigned at the above stated meeting and any adjournment(s), postponement(s), rescheduling(s) or other call(s) thereof or any other business which may properly come before the meeting in such manner as he or they determine to be in the best interest of the Association; hereby revoking any proxy or proxies heretofore given by the undersigned. THIS PROXY IS REVOCABLE AT ANY TIME BEFORE IT IS EXERCISED. Name (please print) Address Signature Date PLEASE SIGN, DATE AND DELIVER TODAY! This proxy may be mailed, ed or faxed to: THIS PROXY SHALL BE DEEMED NULL AND VOID IF I AM PRESENT AT THE MEETING AND, IN ANY CASE, ELEVEN (11) MONTHS FROM THE DATE SIGNED. THIS PROXY SHALL ALSO EMPOWER MY VOTING REPRESENTATIVE TO EXECUTE ANY BALLOT ON MY BEHALF. PLEASE SIGN, DATE AND DELIVER TODAY! It is very important to return your proxy, even if you plan to attend the meeting. SBB Management Company, AAMC Attn: Phenicia Johnson 8360 LBJ Freeway, Suite 300 Dallas, Texas Phone: / Fax: p.johnson@sbbmanagement.com

3 Exhibit A AFTER RECORDING RETURN TO: Judd A. Austin, Jr., Esq. Henry Oddo Austin & Fletcher, P.C Pacific Avenue Suite 2700 Dallas, Texas FIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR CREEKSIDE AT STONEBRIAR STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN INTRODUCTORY PROVISIONS WHEREAS, the Declaration of Covenants and Restrictions for Creekside at Stonebriar, executed by Conine Residential Creekside, Ltd., a Texas limited partnership, as Declarant, on October 11, 1999, and filed as Instrument No in the Official Public Records of Collin County, Texas (hereinafter referred to as the Declaration ), including any other amendments thereof or supplements thereto; and WHEREAS, the Declaration affects certain tracts or parcels of real property in the City of Frisco, Collin County, Texas, more particularly described on Exhibit A attached hereto and incorporated herein by reference for all purposes (collectively, the Addition ); and WHEREAS, under Article XI, Section 11.3(b) of the Declaration, the Declaration may be amended in whole or in part so long as such amendment has been approved by Members representing at least two-thirds (2/3rds) of all votes; and FIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR CREEKSIDE AT STONEBRIAR Page 1

4 WHEREAS, at a Special Meeting of the Members, at which a quorum was present, the amendment to the Declaration, as hereinafter set forth with specificity, was approved by at least two-thirds (2/3rds) of all votes, present or represented at such meeting; and NOW, THEREFORE, the Declaration is hereby amended as follows: Article III, Section 3.3(f) of the Declaration is hereby deleted and amended to read, in its entirety, as follows: (f) The right of the Association to dedicate or transfer all or any part of any Common Property to any Member, person, entity, public agency, authority or utility company for such purposes and subject to such conditions as may be agreed to by the Board of Directors; provided, however, that no such dedication or transfer shall be effective unless approved by fifty-one percent (51%) of all votes. The terms and provisions of the Declaration, except as modified herein, are hereby declared to be in full force and effect with respect to the Addition. The Addition shall continue to be held, occupied, sold, and conveyed subject to the terms and conditions of the Declaration of Covenants and Restrictions for Creekside at Stonebriar, and this First Amendment to the Declaration, which shall run with title to the Addition and are binding on all parties having any right, title or interest in and to the Addition or any part thereof, including their heirs, representatives, successors, transferees and assigns, and shall inure to the benefit of each Owner thereof. IN WITNESS WHEREOF, the Board of Directors of Creekside at Stonebriar Homeowners Association, Inc. has caused this First Amendment to the Declaration of Covenants and Restrictions for Creekside at Stonebriar to be filed with the office of the Collin County Clerk and is made to be effective as of the day of, 20. FIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR CREEKSIDE AT STONEBRIAR Page 2

5 CREEKSIDE AT STONEBRIAR HOMEOWNERS ASSOCIATION, INC. By:, Secretary CERTIFICATION OF APPROVAL OF THE FIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR CREEKSIDE AT STONEBRIAR I,, the duly elected President of Creekside at Stonebriar Homeowners Association, Inc. hereby certify: That the First Amendment to the Declaration of Covenants and Restrictions for Creekside at Stonebriar was approved by the affirmative vote of at least two-thirds (2/3rds) of the Members of Creekside at Stonebriar Homeowners Association, Inc. at the duly-convened Special Meeting held on day of, 20, as evidenced and recorded in the records of Creekside at Stonebriar Homeowners Association, Inc., and that the same does now constitute the official First Amendment to the Declaration of Covenants and Restrictions for Creekside at Stonebriar and shall be filed of record with the office of the Collin County Clerk. STATE OF TEXAS COUNTY OF COLLIN By:, President BEFORE ME, the undersigned Notary Public, on this day personally appeared, the duly-elected President of Creekside at Stonebriar Homeowners Association, Inc., a Texas nonprofit corporation, known to me to be the person whose name is subscribed on the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND AFFIRMED SEAL OF OFFICE on this the day of, 20. Notary Public, State of Texas FIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR CREEKSIDE AT STONEBRIAR Page 3

6 Exhibit A, continued. The Hull Family respectfully request the extension of their property line by 20 feet into the common area behind their home. This common area has been maintained by the Hulls for approximately 10 years at their own expense. The Hulls desire to build a pool and patio for their children and cannot fit the design with the existing zero lot property line. The proposed design would result in approximately $200,000 of capital investment by the Hull Family, materially increasing their property value and thereby materially increasing the property values of other homes in the neighborhood. The Hulls have expressed a willingness to provide $6,000 of compensation for the approximately 1,500 square feet of common area, which is equal to the original raw land value of their existing parcel (on a per square foot basis), even though this common area would have limited use (I.e. cannot build a house on it). The Hull Family has hired a Civil Engineer working with the City of Frisco and has already confirmed the property line extension of 20 feet would not enter any flood zones or otherwise violate city requirements/easements. Further, the City of Frisco will go through another round of reviews as part of the formal re-platting process. The Hulls have agreed to cover all reasonable legal cost and expenses incurred by the HOA for this process. After many years of dialog with the HOA to enable the Hulls to build a pool for their boys, the Hulls are excited to make this investment and stay in their home for many years to come and hopes the home owners will support this action. Thank you. David, Jennifer, Ryan (10) and Harrison (8) Hull

7 32'-6" 7111 Elm Street, Frisco, Texas Office: Fax: Landscape Legend Magnolia "Teddy Bear" - 15g Majestic Indian Hawthorn 7g Alphonse Karr Bamboo - 15g Clara Indian Hawthorn - 5g Oak Leaf Hydrangea - 5g Dwarf Miscanthus Grass - 5g Transplanted Podocarpus Purple Winter Creeper - 4" 6" O.C. 11'-0" Pool 16' " Lounge 19'-0" Spa 7'-0" Modern planter with seasonal color or century plant 1 Backyard Masterplan SCALE: 1/8" = 1'-0" Hull Residence 5546 Foard Drive Frisco, Texas Mexican beach pebble or silver mist gravel, typ. ISSUED FOR REVIEW ONLY, NOT FOR REGULATORY APPROVAL, PERMITTING OR CONSTRUCTION Backyard Masterplan

8 1 Conceptual Perspective 2 Conceptual Perspective Scale: Not to scale Scale: Not to scale 3 Conceptual Perspective 4 Conceptual Perspective Scale: Not to scale Scale: Not to scale October 07, 2016 All plans and specifications are property of AquaTerra Outdoors. Any use for solicitation of bids is prohibited unless a design fee has been paid to AquaTerra Outdoors. Hull Residence 5546 Foard Drive Frisco, Texas 7111 Elm Street, Frisco, TX Office: Fax: