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Pecan Hollow/FP-CS 930610 (2)QUESTION: MEMORANDUM How does the Homeowners' Association going about selling one of its common areas? ANSWER: The Association may convey any of its common areas as provided herein. The Association was granted all common areas within the perimeter of the Pecan Hollow Subdivision by Special Warranty Deed from Pecan Hollow Joint Venture. This conveyance includes the easement-burdened common area located on Beechwood Lane between Lots 8 and 9 of Block C. Because the Association was granted common areas by a Special Warranty Deed, any conveyance from the Association should be by similar Special Warranty Deed, but no more. Additionally any conveyance should be subject to any and all documents of record as of the date of the Special Warranty Deed and be subject to all restrictions rules, and ordinances promulgated by the City of Coppell. Article VII, Section 7.4, as amended at a Special Meeting held June 10, 1993, now provides, among other things, that a majority of Members in Good Standing at a duly constituted meeting at which a quorum is present may withdraw property from the scheme of the declaration. "Withdraw property" may safely be interpreted as removal of such property by conveyance to an entity or person other than the Association. 4 o A resolution should be passed at an annual or special meeting approving the Association's sale of the specific common area, that the sale be a private sale, that the Board of Directors may agree and approve the amount of sale (at a reasonable price as similar lands are conveyed in the immediate area), that the Association President and Secretary are authorized to execute the Special Warranty Deed, and that the proceeds of the sale are placed into the Association's account or applies to toward Association debts or improvements. Special Warranty Deed, seven ~ Directors should be elected and should hold their first meeting at which time they will appoint the officers of the Association who are thereby authorized to execute the Special Warranty Deed. The Special Warranty Deed should be substantially the same form as attached hereto and should be signed by the Association President, approved by the Secretary with Association's seal attached and notarized by a Notary Public. pcm2/pecnholo.doc SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: PECAN HOLLOW HOMEOWNER'S ASSOCIATION, INC., a Texas Non-Profit Corporation, duly organized under the laws of the State of Texas, with offices located in the State of Texas, hereinafter referred to as Grantor, acting by and through its duly authorized President, pursuant to one certain Declaration of Covenants, Conditions and Restrictions for PECAN HOLLOW recorded in Volume 91045, Page 3769 of the Real Property Records, Dallas County, Texas, has granted, sold and conveyed, and by these presents does hereby grant, sell and convey unto , Grantees, all the property listed on Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyance is given and accepted subject to restrictions, reservations, covenants, conditions, rights-of-way, easements, municipal and other governmental zoning laws, regulations and ordinances, and any other items, if any, of record in Dallas County affecting the hereindescribed property. TO HAVE AND TO HOLD the above-described property, together with all and singular, the rights and appurtenances thereto in anywise belonging to the said Grantees, Grantees' successors and assigns forever and the said Grantor does hereby bind itself, and its successors and assigns to Warrant and Forever Defend, all and singular the said premises unto the said Grantees, Grantees' successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or in any part thereof by, through or under Grantor, but not otherwise. EXECUTED this day of , 1993. PECAN HOLLOW HOMEOWNERS' ASSOCIATION, INC. ACCEPTED this day of , 1993. By: Its President Seal of the Pecan Hollow Homeowner's Association, Inc. By: and Grantees By: Its Secretary STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the of , 1993, by President of PECAN HOLLOW HOMEOWNER'S ASSOCIATION,INC. day the Notary Public State of Texas STATE OF TEXAS COUNTY OF DALLAS of This instrument was acknowledged before me on the , 1993, by day Notary Public State of Texas STATE OF TEXAS COUNTY OF DALLAS of This instrument was acknowledged before me on the , 1993, by day Notary Public State of Texas After Recording Return To: pcm2/pecnholo.doc EXHIBIT Ail that certain tract of real property situated in Dallas County, Texas, and being more particularly described as follows: Being all of that certain Common Area situated between Lots 8 and 9, Block C, Pecan Hollow Subdivision, according to the Map or Plat thereof, recorded in Volume 90139, Page 2914 of the Map Records, Dallas County, Texas, and described by metes and bounds as follows: BEGINNING at the Southwest corner of the tract conveyed herein, on the North margin of Beechwood Lane and at the Southeast corner of Lot No. 8, Block C of the Pecan Hollow Subdivision; THENCE with the Eastern boundary of Lot No. 8 North 0° 56' 25" West 123.35 feet to the Northeast corner of Lot No. 8; THENCE from the Northeast corner of Lot No. 8, North 89° 03' 35" East 20 feet to the Northwest corner of Lot No. 9; THENCE from the Northwest corner of Lot No. 9, South 0° 56' 25" East 125.47 feet to the Southwest corner of Lot No. 9 and the North margin of Beechwood Lane to a corner; THENCE along the Northern margin of Beechwood Lane in a West- Northwesterly direction, 20.11 feet to the PLACE OF BEGINNING, and containing 2,488.2 square feet, more or less. p~m.2/p~cnholo.do~