Premier
Land Services
Oil
& Gas Properties, Minerals, Royalties, Titles
10631
Rolling Hills
Little
Elm, Texas 75068
(972) 742-3344
H. GLENN
GUNTER-B.B.A.-P.L.M 75’
E-MAIL:
glenngunter@ggunter.com
October 21, 2013
Mr. Robert P. Buss
624 Water Oak Dr.
Plano, Texas 75025
Re: Limited Title Examination and
Landman Title Opinion-HIGHLIGHTED-REV 2
Easements, Restrictions, Homeowners
Association/s and USA Fee Lands
Lawson Clark Survey, Abstract 311
Lots 16 & 17, Block H, Knob Hill
Lake Estates
According to the Plat recorded in Volume
3, Page 12 PRDCT
Denton County, Texas
Dear Mr. Buss:
Pursuant
to your request I have conducted a comprehensive title search and examination
thereof of the Real Property Records of Denton County, Texas (RPRDCT), The
Denton County Appraisal District Records (DCAD) and the Denton County Tax
Assessors Records (DCTA) Denton County Texas, and the State of Texas
Comptrollers records, to determine any outstanding easements, building
restrictions, Covenants, Conditions and Restrictions, title defects, and such
other conditions of title which may be determined as a result of such
examinations.
THE KNOB HILL LAKE ESTATES
SUBDIVISION PROPERTIES
1.) EASEMENTS
AND TITLE TO STREETS.
2.) DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS.
3.) THE
HOMEOWNERS ASSOCIATION.
4.) THE WILLIAMS
DEBACLE
5.) TITLE
RESERVED AND OWNED IN FEE BY USA AND ADDITIONAL FLOWAGE EASEMENT.
EASEMENTS AND TITLE TO
STREETS
Plat/Subdivision Dedication:
That certain
Plat/Survey as shown on “Owners Certificate and
Dedication” dated
June 18, 1963, filed June 24, 1963, recorded in Plat records of Denton County
Real Property Records in Volume 3, Page
12, PRDCT, called 75.02 acres MOL dedicating the subject properties as “ KNOB HILL LAKE ESTATES”.
RESERVATION: Quote: “That I Jim Daly do hereby dedicate this plat designating
the herein above described property as KNOB HILL LAKE ESTATES. All streets and
roads shown hereon are private ways and substandard in design and that the
County of Denton, will never assume maintenance of same.”
A close
examination of the language reveals that the Dedicator DID NOT SPECIFICALLY RESERVE unto himself
by clear and concise language of that of a “Reservation or Exception” of the
streets and roads but merely stated “all streets and roads are private”
and further by such did NOT dedicate the same to the Public as also
acknowledged by the County Commissioners of Denton County on 24 day of June
1963.
Accordingly, upon the Sale and Conveyance of the
lots or tracts therein title to the
streets and roads passed upon same to the middle of the street to the
purchaser/s of those lots or tracts under the Texas Doctrine of Strips and
Gores. There is however an “Easement by Necessity”
granted from each lot owner owning to the middle of the street adjacent to
their lots to the remaining lots owners (as well as from them to you) for the
purpose of unobstructed ingress and egress to their respective properties.
Strip and Gore Doctrine Law &
Legal Definition
The
strip and gore doctrine which is primarily associated with Texas provides that
unless the grantor explicitly reserves with plain and specific language in the
deed a fee in a narrow strip of land adjoining the conveyed land, it is presumed
that a grantor has no intention of reserving a fee in a narrow, adjoining strip
of land when the strip ceases to be of use by virtue of the conveyance. These
strips are narrow in length and are basically the footages of the lot frontages
to the streets the lots are located thereon being the shortest length of all
the lots boundaries. (It is well known that separate ownership of long narrow strips of land, distinct
from the land adjoining on each side, is a fruitful source of litigation and
disputes.)
To avoid this source of contention, it is
presumed that a grantor has no intention of reserving a fee in a narrow strip
of land adjoining the land conveyed when it ceases to be of use to him, unless
such fee is clearly reserved. In short, unless the parties make it clear that a
fee is intended; it is presumed that they did not intend to create an otherwise
unusable interest in land by the grantor subsequent to the sale and conveyance
of same. The strip and gore doctrine can have application only when the specific
strip is not included in the field notes of the conveyance. If it is so
included, it would not pass under the conveyance.
The strip and gore doctrine is best
understood as a rule of construction that is meant to apply where the parties'
intent cannot be discerned by other means.
The doctrine applies to surface as
well as mineral rights.
The following are examples of case
law discussing the doctrine:
The
requirements for applying the strip and gore doctrine are as follows: It is the
court's conclusion that this doctrine was conceived and intended to apply to
relatively narrow strips of land, small in size and value in comparison to the
adjoining tract conveyed by the grantor. In these instances, when it is
apparent that the narrow strip has ceased to be of benefit or importance to the
grantor of the larger tract, it can be presumed that the grantor intended to
convey such a strip.
The
strip and gore doctrine requires the strip
(1)
to be small in comparison to the land conveyed,
(2)
to be adjacent to or surrounded by the land conveyed,
(3)
to belong to the grantor at the time of conveyance, and
(4)
to be of insignificant or little practical value.*
*
Case law has stated the fourth requirement is that the strip has to be of
“insignificant or little practical value”, and the courts believe the fourth
requirement should be stated as in other case law:
4)
the strip has ceased to be of benefit or importance to the grantor of the
larger tract.[Escondido Servs.,LLC v.
VKM Holdings, LP, 2010 Tex. App. LEXIS 4260 (Tex. App. Eastland June 3, 2010)]
The Sale and conveyances of the lots in
the subdivision by its’ dedicator certainly meets or exceeds all the above
criteria to apply the Doctrine of Strips and Gores there for in addition to
the lots/tracts sold and conveyed title to the strip equal to ONE HALF of the
street or roadway abutting the subject properties passed upon the sale thereof
to the first purchaser of the property and was subsequently passed to
subsequent purchasers as a matter of Law.
RESERVATION:
“All streets and roads,,,,,,,,,,,,,,, that the County of Denton, will never
assume maintenance of same.”
Although acknowledged
by the County Commissioners it should be noted that No Person, Corporation, Association or Organization on its’ behalf
NOR for or purportedly on the behalf of another (with or without their express
permission) shall have any authority to exclude, limit or prevent any
governmental authority from exercising its lawful jurisdiction, rights, duties,
obligations or responsibilities as granted under the laws of the State of
Texas. Each property owner in
the subject subdivision certainly pays a Premium Price in terms of “Denton
County Taxes” (and “Little Elm School Taxes” as well) and therefore should not
be denied the benefits accorded to them by the payment of such taxes. Additionally,
in spite of the County Property and School Taxes it is undeniable that the
property owners in the Knob Hill Lake Estates Subdivision have NO, Approved
Public Water Supply, quality Streets, Curbs, Gutters, Drainage, Sewage, Trash
Disposal nor Police protection (outside the county Sheriffs or Constables).
Recommendation: You should research this matter at
length, seek the advice of legal counsel and either:
1) be exempt
from taxes in which your rights for the payment of same have been
terminated by the developer or
2) request
the governmental authorities to provide you with the Utilities, Services and
Roadways for which you are being taxed.
NOTE:
Instrument:
Warranty Deed
Grantor:
J.E. Daly
Grantee:
KNOB HILL HOME/PROPERTY OWNER’S
ASSCIATION, INC.
Dated:
January 15, 1988
Filed:
January 20, 1988
Recorded:
Volume2311, Page 795 RPRDCT
Conveyance Transfer & Sale: All those certain
lots, tracts or parcels of land BEING
ALL OF THE STREETS AND ROADS which are private ways in KNOB HILL LAKE ESTATES according to the Plat in Volume 3, Page 12, PRDCT.
We now have the Dedicator
(J.E. Daly) of the subject Plat and Subdivision attempting to Grant, Bargain, Sell
and Convey property some Twenty Five Years subsequent to the platting and
selling of lots and property in the Subdivision to numerous individuals. The
property that has been purchased and sold in some cases multiple times in which
the streets and roads were acquired in fee buy those owners upon the initial
purchase of the subject lots/tracts by virtue of the Strips and Gores Doctrine
may not be assumed and sold since the title to the roads passed under previous
deeds for the preceding 25+ years. (See as more fully set forth and discussed hereinabove).
THIS
INSTRUMENT IS VOID AND OF NO FORCE AND EFFECT AS ONE CAN NOT SELL PROPERTY TO
ANOTHER THEY DO NOT OWN NOR HAVE ANY TITLE THERETO. (This is also a Cloud
on the Title of all property owners in the Subdivision)
NOTE: It should also be noted that If the Grantee did somehow acquire title to
the 40’ strip that runs a few miles in distance (length) throughout the
Subdivision then there should
be a Property Account with the DCAD taxing their fee ownership of same just the
same as other property owners in the subdivision owing undeveloped acreage. We
find no such account nor any evidence the Developer nor the Homeowners
Association (INC. nor ASSOCIATION) has
paid any taxes thereon (including any back taxes) nor any account evidencing
ownership of such fee lands prior to nor subsequent to the purported conveyance
set forth above.
NOTE: The Homeowners Association/s have purported to grant numerous easements
in the Subdivision as recorded in the RPRDCT and should be considered Void and
of no force or effect and additionally a Cloud on the title of the property
owners affected by such purported easements.
NOTE: Additionally, the
Knob Hill Homeowners Association, INC.
no longer exists and was abandoned as a legal entity and has ATTEMPTED to be
replaced by Knob Hill Home/Property Owners ASSOCIATION
in 1994. (An in depth examination and discussion in connection herewith
follows). And, again in 2004 there is another attempt to change the name back
to a Corp. using previously filed documents in 1987 and merging those with 2004
documents but this 1987 filing was succeeded by a subsequent association
thereafter.
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS (FILED AS “BUILDING RESTRICTIONS”)
Instrument:
Building Restrictions
Grantor:
J.W. Daly et ux Martha Ellen Daly
Grantee:
The Public
Dated:
June 29, 1963
Filed:
July 3, 1963
Recorded: Volume 496, Page 161 RPRDCT.
I will address each of the purported restrictions and
thereafter comment on their validity and rights to be enforced.
1)
No building may be erected with a ground floor of
less than 600’ to 1000’ sq. feet,,,.
COMMENT: Is it not less than 600’ up to 1000’ or what? This is vague, ambiguous, unclear and possibly unenforceable. It could be interpreted as saying ground
floor living space cannot be less than 600 sq. ft. nor more than 1000 sq. ft. in which case there would be numerous
violations throughout the subdivision.
2) No
building/house may be erected unless the external design and location is
approved by J.E. Daly his heirs, successors or assigns.
Comment: The approval of the external design is a void restriction as it is arbitrary and capricious
and overly broad and encompassing and would violate the personal taste and
preferences of those who would prefer i.e. Early American over Spanish or
Contemporary designs. Restricting “designs” like ones taste in furniture or
china and silverware are matters of a freedom of choice and a constitutional
violation of one’s right to freedom of life, liberty and the pursuit of
happiness. I would consider this VOID
and UNENFORCEABLE.
3) No
trailer, tent, shack or any structure of a temporary nature shall be used as a
residence,,,,,,,,
Comment: OK, this is acceptable and
enforceable as a restriction. Further on however it states “No Old House, dwelling or building” may be
moved upon the property without the consent of Grantor,,,”
I view of the
fact the term “OLD” is not defined and the language is unclear as to the intent
This restriction may be void and unenforceable. For Instance, should someone desire to
relocate and move onto a purchased lot an 1890 two story home on the register
of historical places I doubt the age or “OLD” provision could apply.
4) No
fence or plantings may be placed on the property that MIGHT obstruct the view
of other property owners without the consent of Grantor,,,,,,
Comment: This is a void restriction as it is arbitrary and
capricious, overly broad and encompassing and assumes your neighbor has a SIGHT
or VIEW easement over and across your property for his personal pleasure or
some interest in your property preventing you from the free use and enjoyment
thereof. Another violation of one’s Constitutional Rights to Lie, Liberty and
the pursuit of happiness.
5) The
building line of any structure or any building in the restricted area shall not
be less than 35’ from the front property line and the sides of any building
shall not be closer than 10% of such lot at the front of the building line.
Comment:
This is a valid restriction
as created at the time of the Declaration of Building restrictions. This
restriction is however subject to the discussion hereinbelow regarding
expiration.
6) There shall be no outside toilets built or
used on the restricted area.
Comment: The wide spread use of
Port-A-Potties on construction sites has been an accepted practice throughout
the state on public and private properties including the construction of
Highways and commercial buildings like The cowboys stadium. To prevent
otherwise the use of such would be a violation of Health and safety code
creating unsanitary conditions and imposing hardship upon those working in such
construction situations and would be a tortuous interference with both parties
to a contractual relationship. I would consider this
restriction Void and unenforceable.
7) Any
improvements or construction begun on any building lot shall be completed
within 6 months from date of beginning.
Comment:
Or What? Construction must be terminated and buildings or homes let
unfinished? There would be some penalty imposed on the lot owner or possibly
the construction company and if so some lien conveyed to the Dedicator? This restriction is Void and Unenforceable.
8) All
purchasers of lots in the restricted area shall by the acceptance of their deed
thereto covenant and agree that all buildings on such lot shall be well kept
and that such purchaser or owner shall not suffer or permit such lot to become
overgrown with grass or weeds or its buildings to become run down or out of
repair so as to become unsightly to ordinary sensibilities or to be or become a
fire hazard.
Comment:
Without the definition of “Well Kept”,
“Overgrown”, “run down”, “out of repair”,
“unsightly”, “weeds”, “ordinary sensibilities” and “fire hazard” one cannot
specifically determine limitations or specific meanings of this restriction.
Whose ordinary sensibilities and whose determinations or conclusions one must
ask; yours, mine, your neighbors, your Mother-In-Law or a few neighbors who
formed a Homeowners “Association”? Is it
6” high grass or “weeds”, or is it 10”, 12”, 2’ and does it apply to living
grass or dead grass we experienced this summer due to excessive heat and
drought or are you now under this
restriction required somehow to water your lawn/property and keep it totally “Green”
to eliminate a fire hazard? Is “unsightly” to be visibly “unacceptable”, i.e.
the exterior DESIGN (again) or the painting of your house HOT PINK that is just
unsightly to some but not others? What penalties are provided for such a
violation if one did in fact exist and what remedies are available to you, your
neighbor or some association and does it purport to grant anyone some lien on
your property for a violation thereof? It can be argued this purported restriction is overly broad, globally
encompassing, vague, ambiguous, unclear and accordingly Unenforceable.
9) Sale and Resale
of Property to whites Only.
Comment: This Restriction is Void and Unenforceable just as other restrictions
having been addressed herein.
10) Unnumbered on face of document but a Restriction (and a covenant
running with the land) just the same providing for a “TERMINATION” of all the Restrictions contained within the subject
document it is provided: “These covenants are to run with the land and shall be
binding, as to all parties and all persons claiming under them for a period of
twenty years from the date hereof at which time said covenants shall be
automatically extended for successive period of ten years unless by a vote of
the majority of the then owners of the lots, it is agreed to change the said
covenants in whole or in part.”
Comments: Accordingly, This Instrument and only
those Restrictions that were Valid and Enforceable from inception expired on
June 26, 1993 unless by a vote of the majority of the then owners of the lots
(on June 26, 1983 at the TWENTY YEAR mark) it is agreed to change the said
covenants in whole or in part. Therefore at the time of the twenty year
anniversary of the Document there was afforded an opportunity of the majority
of the then owners of the lots to change the covenants in whole or in part or
the same would automatically extend for a SUCCESSIVE
PERIOD (Note it is only ONE period as “Period” is singular and did NOT specifically say “successive periods)
of ten years. The opportunity was not acted upon.
Addressing the Following:
Instrument: Proposed
Property
Restrictions
Grantor: KNOB HILL HOME/PROPERTY OWNERS ASSOCIATION, INC.
Grantee: All lot/property owners in Knob Hill Lake
Estates according to the recorded Plat in Vol. 3, Page 12 PRDCT.
Date of
Instrument: July 22, 1990
Filed: September
6, 1990
Recorded: Volume 2846, Page 306, RPRDCT.
Restriction Imposed: NONE-
Attempted Restrictions: There are Sixteen PROPOSED Restrictions set
forth in this document (I WILL NOT ADDRESS AS THIS DOCUMENT IS VOID) and same
contains “Petition to Obtain Approving Signatures” with a number of Lot Owners
set forth therein. The document was NOT
however EXECUTED AND ACKNOWLEDGED by any Official Board Member, Officer
or any Member of a Homeowners Association nor did it contain an
“Acknowledgement” of each of the signatures that DID appear thereon purporting
to file same. THIS DOCUMENT
IS VOID AND FAILS TO
MEET LEGAL STANDARDS FOR A VALID AND BINDING INSTRUMENT.
Instrument: Amendment
to Restrictive Covenants
Grantor: J.E. Daly et us, Martha Ellen Daly
Grantee: All lot/property owners in Knob Hill Lake
Estates according to the recorded Plat in Vol. 3, Page 12 PRDCT.
Date of Instrument: January 20, 1991
Filed: January
22, 1993
Recorded: Volume 2914, Page 508, RPRDCT.
Restriction Imposed: NONE
Attempted Restriction: No Drilling or mining of any Oil & Gas Well on the subdivision.
Comments: Pursuant to the specific terms and
conditions of the Instrument designated “Building Restrictions” set forth hereinabove
only the Valid and Enforceable Restrictive
Covenants existing on June 26, 1983 were extended for an additional ten (10) years
or until June 26, 1993 as the then lot
owners did not conduct a vote and agree to change the covenants in whole or in
part.
NOTE: We find
no evidence of record such actions or voting were conducted (fulfilling and
complying with hereto for restrictive covenants and their requirements) and the
results filed of record.
THIS INSTRUMENT IS ACCORDINGLY VOID AND
UNENFORCEABLE. The addition of this restriction would have the effect
of making an “Addition or Change” to the Agreement/s (Warranty Deeds between the Seller
and Buyers) made with J.E. Daly at the time the lot/s were sold to the first purchasers of those lot/s.This would
require an Amendment and Ratification of the terms of the Original Purchaser
still in title from the Seller, or the Amendment and Ratification evidencing
this new agreement and restriction between the current owner and (Whomsoever
BECAUSE this is not available) but furthermore cannot arbitrarily be changed by
simply stating so in a document in which the Grantor no longer has an interest
in the properties and in which the restrictions have expired on their own terms
or past the date allowed to make any changes therein which was the twenty year
anniversary date. It is therefore the opinion of this writer that even if an
amendment was desired there are no parties having jurisdiction to make such
changes or agreements and amendments to their respective deeds. Should this document however be found to be a binding covenant on the
lot owners at the time of filing it would have nonetheless terminated on June
26, 1993, the date provided for the expiration of the restrictions in the
absence of the required action to have been taken on the twenty year
anniversary date. The “Termination” of the Restrictions is in fact also, a Covenant
running with the land. Even had there been an election to extend the
Restrictions there was a definitive “Deadline” provided for same. That was June
26, 1993. The attempt on
August 20, 1993 was beyond the deadline.
One day, one week, one month one year, ten years does not matter. The option had
expired June 26, 1993 and was simply no longer available.
QUESTION: Why
is J.E. Daly filing additional deed restrictions in 1991 (filed in 1993) IF
THERE WAS A VALID HOMEOWNERS ASSOCIATION HAVING SUCH AUHORITY? We now must
question any Homeowner Associations authority to heretofor file any
Restrictions as it appears J.E. Daly has retained such authority or else the
Homeowners Association would be filing this rather than J.E. Daly himself.
Instrument: Deed Restrictions-Knob Hill Lake Estates
Dated August 20, 1993
Filed: September 9, 1993
Recorded: 93-R0063261
THIS DOCUMENT
IS VOID AND UNENFORCEABLE (In so far as Restrictions upon subdivision
properties, the collection of fees under mistaken authority and the imposition
of same are mandatory and newly created
Covenants running with the land) REGARDLESS OF THOSE NAMES OF PROPERTY
OWNERS CONTAINED THEREIN AND IS IN VIOLATION OF THE RESTRICTION IN THE ORIGINAL
BUILDING RESTRICTIONS FOR THE SUBDIVISION PROVIDING FOR A “TERMINATION” OF
RESTRICTIONS SUBJECT TO CERTAIN DATES AND VOTES OF PROPERTY OWNERS TO HAVE BEEN
TAKEN AT THE SPECIFIED DATE AS DISCUSSED AT LENGTH HEREINABOVE.
THE
HOMEOWNERS ASSOCIATIONS
KNOB HILL HOMEOWNERS
ASSOCIATION, INC.
June 13, 1973
Succeeded
and Replaced by (without approval of the HOA Members)
KNOB HILL HOME/PROPERTY OWNERS ASSOCIATION, INC.
October 2, 1987
Succeeded and Replaced by (without approval of the HOA
Members)
THE KNOB
HILL LAKE ESTATES PROPERTY OWNERS ASSOCIATION
December 17,
1998
Succeeded and Replaced by (without approval of the HOA
Members)
AND
BACK TO
Succeeded and Replaced by (without approval of the HOA
Members)
KNOB HILL HOME/PROPERTY OWNERS ASSOCIATION, INC.
April 13, 2004
(using Sec. of State filings Oct. 2, 1987 after those were succeeded and
replaced by the above on December 17, 1998)
There have been
several “Homeowners Association” “Corporations” and now an “Association” along
with the resurrection of an old succeeded corporation filed to do business in
the State of Texas according to the Records of the Secretary of State and the
State Comptroller’s Office and according to the filings in the Real Property
Records of Denton County, Texas. THEN, we find where there is an attempt to
resurrect and old “corporation” formed back in 1987 we suspect is for the
purpose of attempting to obtain ‘dates’ which would possibly justify the
perpetuation of Restrictions in spite of their expiration on their own terms.
The
First attempt: THE KNOB HILL HOMEOWNERS ASSOCIATION, INC.
1 Kenneth
Drive
Euless, Texas
76040
Effective
Date: June 13, 1973
Sec.
of State File #: 0032597101
Tax
ID Number: 30001908455
Registered
Agent: Betty Heineman
Officers of Corporation: Not Available
WE
FIND NO INSTRUMENTS OF RECORD THIS ASSOCIATION EVER CONDUCTED ANY BUSINESS.
Thereafter the above was abandoned or replaced
by a new corporation and the above ceased to do business.
The
Second attempt: KNOB HILL HOME/PROPERTY OWNERS ASSOCIATION,
INC.
P.O. Box
415
Little
Elm, Texas 75068
Effective
Date: October 2, 1987
Sec.
of State File #: 0106423801
Tax
ID Number: 30010736186
Registered
Agent: Karen J. Long-Desmit
Officers of Corporation:
Director
Barbara Mueller
3048
Turtle Pond Circle
Little
Elm, Texas 75068
President:
Karen J. Long-Desmit
2861
High Meadow Dr.
Little
Elm, Texas 75068
Director:
Karen Long-Desmit
2861
High Meadow Dr.
Little
Elm, Texas 75068
Treasurer:
Mickey Rutledge
2859
Knob Hill
Little
Elm, Texas 75068
Secretary:
Vicki Flewelling
10596
Rolling Hills
Little
Elm, Texas 75068
Director:
Vicki Flewelling
10596
Rolling Hills
Little
Elm, Texas 75068
Thereafter the above was abandoned or replaced
by a new corporation as the above ceased to do business.
The
Third attempt: KNOB
HILL LAKE ESTATES PROPERTY OWNERS ASSOCIATION
P.O. Box
415
Little
Elm, Texas 75068
Effective
Date: December 17, 1998
Sec.
of State File #: 0151615201
Tax
ID Number: 32001165706
Registered
Agent: Sherrie George
P.O. Box
415
Little
Elm, Texas 75068
Officers of Corporation:
Secretary: Karen
Long-Desmit
2861 High Meadow Dr.
Little Elm, Texas 75068
Treasurer:
Kay Webster
3063 Knob Hill Dr.
Little Elm, Texas 75068
President:
Lorna Miller
2739 High Meadow Dr.
Little Elm, Texas 75068
Vice President: Ron Huckaby
10775 Rolling
Hills Dr.
Little Elm, Texas
75068
KNOB HILL HOME/PROPERTY OWNERS
ASSOCIATION, INC.
The
Fourth attempt: KNOB
HILL HOME/ PROPERTY OWNERS ASSOCIATION, INC.
2828
High Meadows Dr.
Little
Elm, Texas 75068
Officer: Richard C. Nicholson-President
Document: Says: KNOB HILL HOME/ PROPERTY OWNERS ASSOCIATION
(NOT
‘INC.’)
Constitution and By-Laws-NOTE:
Association and not Inc.
AS Amended June 14, 2004
Recorded:
2004-127318 on September 28, 2004 *
Instrument: Management Certificate:
Grantor: KNOB HILL HOME/ PROPERTY OWNERS
ASSOCIATION, INC.
Dated April 13, 2004
Filed: April 29, 2004
Note: The recording
data set forth herein for the subdivision refers to the deed wherein JE Daly
acquired title only. IT does not refer correctly to the Platting of the
subdivision.
*WE NOW HAVE FURTHER
EVIDENCE OF THE HOMEOWNERS ASSOCIATION BEING CHANGED NUMEROUS TIMES OVER THE
YEARS WHICH IS “FORUM SHOPPING” BY A HOMEOWNERS ASSOCIATIONs OFFICERS AND AN
ATTEMPT TO RESURRECT A PERVIOUS CORPORTION THAT HAS BEEN OUT OF BUSINESS (REPLACED)
AND/OR SUCCEDED BY OTHER ADDITIONAL ENTITIES AS SET FORTH ABOVE; OR THE
AVOIDANCE OF SOME PERSONAL LIABILITIES AND TAX CONSEQUENCES HAVING ACCRUED WE
MAY NOT BE AWARE OF AT THE TIME OF THIS EXAMINATION.
*This (AMENDED
CONSTITUTION AND BY-LAWS) is for the “Corporation” discussed hereinabove Under SOS
No. 106423801 Filed 10/2/87.
It appears they are attempting to RESSURECT
and perpetuate a Corporation dating back to 1987 in an attempt to obtain old
dates of formation in order new documents MAY be considered valid which passed
expiration dates of Obligations to perform in the Original Restrctions hereinabove
discussed at length.
This
is the FOURTH attempt to establish a Valid
Homeowners Association by resurrecting the Second
attempt at filing with the Secretary of State:
KNOB HILL HOME/PROPERTY OWNERS
ASSOCIATION, INC.
P.O. Box
415
Little
Elm, Texas 75068
Effective
Date: October 2, 1987
Sec. of State File #: 0106423801
IMPORTANT NOTE: This additional filing raises the question, what
happened to the previous Homeowners Association as established
KNOB HILL LAKE ESTATES PROPERTY OWNERS
ASSOCIATION ? Not Voted Out?
P.O. Box
415
Little
Elm, Texas 75068
Effective
Date: December 17, 1998
Sec.
of State File #: 0151615201
Tax
ID Number: 32001165706
Registered
Agent: Sherrie George
Apparently it has been held invalid and all its
actions there for would be invalid thus the need to create a NEW and Succeeding
Association EXCEPT that itself was superseded and replaced and abandoned as set
forth hereinabove.
It is not illegal nor unlawful to
create a “Homeowners Association” at any time within any
given subdivision in the State of Texas. They are nice for having garden clubs,
establishing neighborhood watch groups, having ice cream socials, neighborhood parties,
cook offs, bird watching groups and bridge clubs for those interested. They may
not be established to impose a tax or membership fee on those who do not wish
to join when the Association is formed beyond the time per original restrictive
covenants and may not impose upon property owners Restrictions and Rules regarding
such things as Building Styles and providing adjacent owners with “Visibility
or Sight” easements which are unlawful and invalid.
However it IS unlawful to require mandatory membership thereto FOR ANYONE WHO DOES NOT WISH TO JOIN OR BE A PART OF SUCH ASSOCIATION and
for such an association to attempt to
impose mandatory dues, impose new
restrictions upon the subdivision (that have expired) and that are not a part
of the purchase agreements of the property when one bought the land/lots and
attempt to become a “Policing Authority
and usurp “Jurisdiction” of County Commissioners having road and street authority
and/or threaten to instigate legal
actions just by notices or place liens upon property nor purport to dictate building restrictions limiting
the rights to those whom may believe under mistaken belief that the Association
has some lawful authority to do so and granting or attempting to enforce non-existent easements like “Visibility Easements”
and Rights of adjacent owners to “Views” “Sight Easements” from their property
to the detriment of adjacent and neighboring lands.
The violation
of those who purport to be officers of corporations or individuals in Associations
may be held PERSONALLY LIABLE for exceeding their jurisdiction under a “Bivens”
type proceeding and criminal charges may be filed if their actions were under
fraud, threat, duress, coercion, and may be possibly subject to Federal RICCO
statutes (extortion) which may apply under the racketeering and corrupt
influence statutes for organized crime.
PROOF THE
HOMEOWNERS ASSOCAITION IS CLAIMING OWNERSHIP OF ROADWAYS AND STREETS
There have been
many “Easements” filed of record wherein the Homeowners Association (Note there
have been 4 such Associations over the years) has claimed title to the streets
and roads (all being void) in the subject subdivision however I only need to
show ONE in which to establish they are in fact clouding tile and purporting to
own the lands within the streets; Here is one example:
Instrument:
Easement and Right-of-Way
Grantor:
Knob Hill Home/Property Association
Note: It should read
Knob
Hill Home/Property Association, Inc.
and executed and acknowledged as a Corporation. BUT IT IS EXECUTED BY
BARBARA MULLER, INDIVDUALLY
Grantee:
Paul J. and Georgiana McCoig
Dated
October 20, 1993
Filed:
November 1, 1993
Description:
Lots 8 & 9, Block F, Knob Hill Lake estates according to the lat thereof in
Vol. 3, Page 12, PRDCT
THIS
DOCUMENT IS VOID FOR LACK OF JURISDICTION, OWNERSHIP AND FAILURE TO BE EXECUTED
PROPERLY EVEN IF Grantor had title and the right to convey same.
All
Easements Granted by the Homeowners Association are Void.
PROOF THE HOMEOWNERS ASSOCAITION IS IMPOSING
UNLAWFUL EASEMENT RESTRICTIONS (INCLUDING SIGHTSEEING OR VIEW EASEMENTS) UPON
SUBDIVISION PROPERTIES AND POLICING AND ENORCING INVALID PROPERTY AND BUILDING RESTRICTIONS.
“THE
WILLIAMS DEBACLE”
Instrument:
Contract-Final Agreement
Grantor: Knob Hill Home/Property
Association
Grantee: Charles and Mary Williams
Dated:
June 21, 1994
Filed: February 13, 1995
Recorded: 95-R0009110
Property:
Lots 36, 37 & a portion of Lot 38 Block D, Knob Hill Lake Estates according
to Plat at Volume 3, page 12 RPRDCT. (Unable to Locate on Plat)
THERE ARE NO LOTS 36, 37 OR 38 IN A Block
D fronting on Wild Valley Drive (as stated on page 2 of this instrument) according
to Plat in Vol. 3, Page 12. Accordingly, this document may be a fraud for some
unknown purpose we cannot ascertain.
This
is a contract executed by Knob Hill
Home/Property Association at the time when Knob Hill Home/Property Association, Inc was in place and there for
improperly executed and acknowledged without proper corporate name and
acknowledgements (Barbara Muller and Ron Northam, President and Vice President
respectively) and by Charles and Mary Williams and is an agreement between the
parties setting forth all the Building restrictions the Association will agree
to and grant the Williams in connection with the building of a new home on the
subject property. Finally,
I have subsequently determined this very large and encompassing document was
being executed and filed for record in Denton County some two Months AFTER the
Williams had already sold the property to the current owner.
FIGURE THAT ONE OUT!
The
Association sets forth their authority under three documents:
1)
Instrument: Warranty Deed
Grantor: J.E. Daly
Grantee: KNOB HILL HOME/PROPERTY OWNER’S ASSCIATION,
INC.
Dated: January 15, 1988
Filed: January 20, 1988
Recorded: Volume2311, Page 795
RPRDCT
Conveyance Transfer & Sale: All
those certain lots, tracts or parcels of land BEING ALL OF THE STREETS AND ROADS which are private ways in KNOB HILL LAKE ESTATES according to
the Plat in Volume 3, Page 12, PRDCT.
This document is VOID. Grantor had
no title,,,,,no title passes.
2)
Instrument: Proposed Property Restrictions
Grantor: KNOB HILL HOME/PROPERTY OWNERS ASSOCIATION,
INC.
Grantee:
All lot/property owners in Knob Hill Lake Estates according to the
recorded
Plat in
Vol. 3, Page 12 PRDCT.
Date of
Instrument: July 22, 1990
Filed:
September 6, 1990
Recorded:
Volume 2846, Page 306, RPRDCT.
Restriction
Imposed: NONE-
Attempted
Restrictions: There are Sixteen PROPOSED Restrictions set forth in this
document (I
WILL NOT ADDRESS AS THIS DOCUMENT IS
VOID)
The document was NOT executed and acknowledged
by any Member of a
Homeowners
Association nor did it contain an “Acknowledgement” of each of the
Signatures
that DID appear thereon. THIS DOCUMENT IS VOID AND FAILS TO MEET
LEGAL STANDARDS FOR A VALID AND BINDING
INSTRUMENT.
3)
Instrument: Deed Restrictions-Knob Hill Lake Estates
Dated August 20, 1993
Filed: September 9, 1993
Recorded: 93-R0063261
THIS DOCUMENT IS VOID AND
UNENFORCEABLE (See above)
TITLE RESERVED AND OWNED IN FEE BY USA AND
ADDITIONAL FLOWAGE EASEMENT
There is reserved unto the USA all lands which
fall below the 535’ BSL contour of Lake Lewisville. Attached
is a comprehensive document by the US Corps of Engineers setting forth all of the
information relative thereto.
_____________________
H. Glenn Gunter-Landman
BBA-PLM 75’- University of Oklahoma
10631 Rolling Hills
Little
Elm, Texas 75068
(972) 742-3344
