HomeMy WebLinkAboutR-4155-5-25RESOLUTION NO. 4155-5-25(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, CONSENTING TO THE TERMINATION OF DECLARATION
OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TOWNHOMES AT
WIND OF CHANGE AND DISSOLUTION OF HOMEOWNERS’ ASSOCIATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in compliance with Section 8.20 of the Allen Land Development Code, the original
developer of the property described as Townhomes at Wind of Change, an addition to the City of Allen,
Collin County, Texas, according to the plat recorded as Instrument No. 2023010000241, Official Public
Records, Collin County, Texas (the “Property”) executed and recorded that certain Declaration of
Covenants, Conditions, and Restrictions for Townhomes at Wind of Change (“the Declaration”) dated and
effective June 6, 2023, and recorded as Instrument No. 2023000068172 in the Official Public Records of
Collin County, Texas; and,
WHEREAS, in compliance with Section 8.20 of the Allen Land Development Code and the Declaration,
the original developer of the Property created a homeowners’ association named the HOA for the Town
Homes at Wind of Change as a Texas non-profit corporation (the “HOA”) by filing all necessary
documents with the Texas Secretary of State; and,
WHEREAS, the provisions of the Declaration prohibit any termination to the Declaration or dissolution
of the HOA unless first approved by the City Council; and,
WHEREAS, prior to development of the Property, the Allen Economic Development Corporation
(“AEDC”) purchased the Property and is presently the sole owner of all of the lots within the Property;
and,
WHEREAS, concurrent with the sale of the Property to AEDC, the developer assigned all rights of the
Declarant set forth in the Declaration to AEDC; and,
WHEREAS, without the knowledge of AEDC or the consent of the City Council, but after the sale of the
Property to AEDC, the original developer voluntarily dissolved the HOA; and,
WHEREAS, in an effort to clear the title to the Property, AEDC, through its Executive Director/CEO,
has requested that the City consent to terminate the Declaration and ratify the dissolution of the HOA;
and,
WHEREAS, the City Council of the City of Allen, Texas, finds it to be in the public interest to provide
such consent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council hereby consents to AEDC’s termination of the Declaration, ratifies the
dissolution of the HOA, and authorizes the City Manager to cooperate with the AEDC in terminating the
Declaration, including, but not limited to, signing such documents as he may find reasonable and
necessary to facilitate such termination.
SECTION 2. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 27TH DAY OF MAY 2025.