JUL. 30. 2004 9: 02AM NO. 0784 P. 41 2003001776 28 pgs DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS BENDRQOK RMJgf THJS DECLARATION OF COVENANTS, CONDIUONS AND RESTRICTIONS (the "Decluation1') is marle on the date hereinafter set fonh by CAPITAL PACIFIC HOLDJNGS, LLC, hereinafter referred to 8S the HDeclarant. II WITNESSETH WHEREAS, Decla.rant 0)\11S certain real property in Williamson County, Texas, described as Benbrook Ranch Subdivision; and WHEREAS, Declarant desires to create an exclusive planned community known as BENBROOK RANCH, on the Property (as hereinafter defined), and such other land as may be added thereto pursuant to the terms and provisions of this Declaration; NOW THEREFORE, Declarant dee\arcs that the Property (as hereinaftet defined) will be held, sold and covenants running with the land and imp:,sed on and intended to benefit and burden each Lot (as hereinafter defined) and other portions of the Property in order to maintain within the Property a planned community of high standards. Such covenants will be binding oo all parties having any right, title or in~rest therein or any part thereof, their respective heirs, pmonal representative.'l, successors and assigns, and will inure to the benefit of each Ownet (as hereinafter def med) thereof.
ARTICLE I DEFINITIONS S~tion 1.1, 0.Association" wilt mean Benbrook Ranch Homeowners Association, Inc., a Texas nonprofit corporation established for the purposes set forth herein.
Sectfon 1.2 "Builder" will mean CAPITAL PACIFIC HOLDINGS, I.LC and any other residential building company acquiring Lots from the Declarant for the purpose of construction and sale of homes.
h herein.
Sectfon 1.2 "Builder" will mean CAPITAL PACIFIC HOLDINGS, I.LC and any other residential building company acquiring Lots from the Declarant for the purpose of construction and sale of homes.
Section 1.3 "City" wilJ mean the City of Leander, Williamson County, Texas.
Section Vt "Co1nmon Aress11 will mean that portion of the Property, if any, including any improvements thereon, conveyed to the Association free and clear of monetary encwnbnmces for the common use and benefit of the Owners.
Section 1.5 "Common Maintenance Areas" will mean the Common Areas, if any, and any areas within public rights-of-way, easements (public and private), public parks, private streets, and any improvements, or landscaping that the Board of Directors of the Association deems nooessary or appropriate to mafotain for the common benefit of the members.
Declani!ion ofCovcnams, Condi!ior.s and Restrictions -Pagel . JUL. 30. 2004 9:02AM NO. Oi84 P. 42 Section 1.6 "Decla111nt'' will mean BENBROOK PROPERTIES, Lm. and its successors and ~signs obligations of the Declarant with respect to the Lots acquired by such successor or assign.
SectionJ.7 "Declaration'' will mean this Declaration of Covenants, Conditions and Restrictions, and any amendments and supplements thereto ma.de in accordance with i~ tenns.
Section 1.8 "Lot11 will mean any of the plots of land indicated upon the recorded subdivision plat(s) of the Property or any part thereof creating single-family homesites, but only if the plot of land has in place an inftas1:ructure (including utilities and streets) necessary to aJlow construction of a singl~family home.
ny part thereof creating single-family homesites, but only if the plot of land has in place an inftas1:ructure (including utilities and streets) necessary to aJlow construction of a singl~family home.
Common Areas and areas deeded to a governmental authority or utility, togethet with all improvemcnt9 thereon, shall not be included as part of a Lot.
Section 1.9 "Qwner" "'ill mean tha record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers, but excluding thoso having an interest merely as security for the performance of an obligation.
Section 1.10 "Plat'' will mean 1he final plat or plats of Benbrook Ranch Section l Phase 1 recorded in Cabinet W, Slide 295-299, of 1he Plat Records of Williamson County, Texas, which shall encompass the property described on EXI-IlBIT A hereto, and to all future Sections the plat recorded for such section, Section 1.11 "Property" wlll mean the reaJ property covered by each Plat and the property described on EXHIBIT A hereto, and such additions thereto as may be brought within the jurisdiction of the Association and be made subject to this Declaration.
Section 1.12 "Unit" \ltiU mean any residential dwelling situated upon any Lot, ARTICLEll HOMEOWNERS ASSOCIATION Section.bl Mernbersfill!, The Declarant and every Owner of a Lot by virtue of ownership of such Lot will be a mem her of the Association. Membership will be appurtenant to and will not be separated from ownership of any Lot. There will be 2 classes of membership: Class A and Class B, being more particularly described in Section 2.7.
Seetion 2.2 Fyndl!:y?. Subject to 1he tenns ofthls Article II. the Declarnnt for each Lot o'.VIled Vt-ithin
lasses of membership: Class A and Class B, being more particularly described in Section 2.7.
Seetion 2.2 Fyndl!:y?. Subject to 1he tenns ofthls Article II. the Declarnnt for each Lot o'.VIled Vt-ithin the Property hereby covenants, and each Owner of i:lnY Lot by acceptance of a deed therefor, whether or not it will be so expiwsed in such deed. is deemed to covenant and agrees to pay to the Association: (a) regular assessments or charges, and (b) special assessments for capiml improvements to the Common Areas, such assessments to be established and collected as hereinafter provided. Such assessments will remain effective for the full term (and extended term, if applicable) of the oovenants contained heroin. The regular and special assessments, together with late fees, interest, costs, and reasonable attorneys' fees, will be a charge on each Lot and will be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, will also be the personal subsequent Owners of the Lot. The Declanmt shall have no obligation to pay any assessments on Lots owned by Oeclamnt except for the $1.00 per Lot per year charge set forth in Section 2.3 (a) below, and no Dec.laration of CO\lenants., Conditions fl!ld Ro:.trictions -Page 2 . JUL. 30. 2004 9: v2AM l;O. 0784 P. 43 other assessments shall accrue on BllY such Lots during the term of Declarant's ownership, unless herein specifically stated.
Section 2.3 Regular As!essment or-Char:ee.
(a) Regu1ar M,,e,s1ment Ratt;. Subject to the terms of this Article, each Lot is hereby subject to an
clarant's ownership, unless herein specifically stated.
Section 2.3 Regular As!essment or-Char:ee.
(a) Regu1ar M,,e,s1ment Ratt;. Subject to the terms of this Article, each Lot is hereby subject to an initial regular assessment charge as provided in this Section ZJ, The regular assessment charge shall be fixed at a uniform rate for all Lots except that a Lot owned by Declarant shall be assessed at $1.00 per Lot per year. The rate at which each Lot will be assessed, and whether such assessment will be payable monthly, quarterly or annually, will be determined by the Board of Directors of tho Association (the "Board of Directon"), at least 30 days in advance of each assessment period.
Said rate may be adjusted as provided by the Board of Directors, subject to the provisions herein and in tho By-laws. The initial regular assessment is $10.00 per month per Lot (b) Declarant's Subsidy/FUii Assessment Obllption. While Declarant is only required to pay a reduced assessment rate, Declarant may, but Is not obligated to fund any insufficiency in the annual assessment fund. If Declarant funds any such shortfall, the Association is hereby authoriz.ed to repay Declarantforthe sums so advanced.
(c) Inerease!..in Regular Assessment!, From and a&r January 1st of the year immediately following the conveyance of the first Lot to a Class A member, the maximum regular assessment shall be increased each ~ 10% above the maximum assessment for the previous yt:ar without a vote of the membership. This increase in the maximum assessment does not me.an that the Board will or has to increase the assessment to the maximum level when it sets the regular assessment From and after January 1st of the year immediately following the conveyance of the first Lot to a Class A
ill or has to increase the assessment to the maximum level when it sets the regular assessment From and after January 1st of the year immediately following the conveyance of the first Lot to a Class A member the maximum regular assessment may be increased more than 10% above the prior years maximum by a vote of two-thirds (2/3) of each class of members who a..re voting in person or by proxy at a meeting caUed for this purpose. Writton notice of such meeting shall be sent to all members not less than l O days nor mom than SO days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in tl1e maximum and basis of the assessments undertaken as and incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
(d) Certifigte of ~rnent Status. The Association will, upon written demand and for a reasonable charge, furnish a certificate signed by an officer or authorized representative of the Association setting forth whether or not the assessment has been paid for the ~ssment period.
(e) :e,urposes of ~ment f!Jnd, The Association will establish an Msessment fund composed of regular assessments and will use the proc~ of such fund in providing for normal, recurring expenses related to the Common Maintenance Areas or that are set forth in the Association's budget. Such uses and benefits to be provided by the Association may include, by way of clarification and not limitation, any and all of the following; nomial, recurring maintenance of the Common Maintenance Areas (including, but not limited to; mowing, edging, watering. clippin~ sweeping, pnming, raking, and otherwise caring for landscaping) and the improvements to such
ntenance of the Common Maintenance Areas (including, but not limited to; mowing, edging, watering. clippin~ sweeping, pnming, raking, and otherwise caring for landscaping) and the improvements to such Comm.on Maintenance Areas, such as sprinkler systems, provided that the Association will nave no obligation (except as expressly provided hereinafter) to make capital improvements to the Common Maintenance Areas: perpetual maintenance and enhancement for fences, columns, sign-age, walls.
Ded!lnllicm or Co'Ve11e.nu. Condilians ll!ld Restrictions -Page 3 JUL. 30. 2004 9: 02AM NO. Oi84 P. 44 grounds, landscaping, lights, entr}' monuments; payment of all legal and other expenses incurred in connection with the enforcement of all .rworded covenants, restrictions and conditions affecting the property to which the regular assessment fund applies; payntent of all reasonable and necessary expenses in conne,.,"tion with the collection and administration of the regular assessment; employment of policemen and watchmen. if any; caring for vacant Lots; and doing any other thing or things necessary or desirable in the opinion of the Board of Directors of the Association to keep the Property neat and in good order, or which is considered of general benefit to the Owners or occupants of the Property, it being unden;tood that tho judgment of the Board of Dire<:tors in the expenditure of said fimds and the determination of what constitutes nonnal, recurring maintenance will be final and conclusive so long as such judgment is exercised in good faith. The Association wil~ in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the Cornmon Maintenan~ Areas. The fund will be
The Association wil~ in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the Cornmon Maintenan~ Areas. The fund will be established and maintained out of regular assessments.
(f) 1):ansfer J?ee, Upon any sale or other transfer of an interest in a Lot, other than a sale or transfer by Declarant, the owner of each such Lot shall pay to the Homeowner's Association a transfer fee of S75.00 at the time of each sale or othet transfer. Such sums shall be secured by a lien on each Lot, and for the purposes of these covenants shall be deemed an assessment (g) Lnte Fee. If any assessment is not paid when duo, the Association may charge a late fee for each month delinquency of such fee. The fee shall be in such amount as the Association shall detennine from time to time. The initial late fee shall be $10.00 per month.
Section 2.4, Special Apes,menf.§ fqr Working Qmlptl Fund, Nonrecyrrin,: M,aintenance and c~pital Improyemenbi. In addition to the annual assessments authorized above, the Association may levy special assessments as follows: (a) In any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any nonrecurring maintenance, or the acquisition, construction, reconstruction. repair or replacement of a capital improvement upon any Common Maintenance Area. including fixtures and person.al property related thereto may be assessed. The Association shall not commingle the proceeds of such special assessments with the regular assessment fund. Such proceeds &hall be used solely and exclusively to fund the nonrecurring maintenance or improvements in question,
ommingle the proceeds of such special assessments with the regular assessment fund. Such proceeds &hall be used solely and exclusively to fund the nonrecurring maintenance or improvements in question, (b) The Board of Directors shall determine the necessity and the amount of any special assessment.
Special assessments shall not be effective unless approved by a vote of two-thirds (213) of each class of members who are voting in person or by proxy at a meeting called for the purpose of approving the special assessments and conducting other business, if any. Written notice of such meeting shall be sent to each member not less thEID ten (10) days nor more than fifty (SO) days in advance of the meeting.
Section 2.S Non-pyment of .M!essments; Remedies of the ~ociation. Any assessment not paid within l O days after th1:: due date will bear interest from 1he due date at tho highest rate of interest allowed by Tex.as law, as amended ftom time to time. The Association will have the authority to impose late charges to compensate for the administrative and processing costs oflate payments on such terms as it may establish by duly adopted resolutions, and the Association may bring an action at law ~ainst the Owner Oe;:laration of CoYcnants, Conditions and Restrie1ions -Fag~ 4 JUL. 30. 2004 9: 02AM NO. 0784 P. 45 personally obligated to pay the same. No Owner may waive or otherwise escape liability for the assessments provid~ for herein by non-use of the Common Maintenance Area or abandonment of his property.
Section 2.6 Subordinawl, Lien to Secure Payment. To secure the payment of any assessment established hereby .nnd to be levied on individual Lots as above provide.d, there is hereby reserved a lien for
Section 2.6 Subordinawl, Lien to Secure Payment. To secure the payment of any assessment established hereby .nnd to be levied on individual Lots as above provide.d, there is hereby reserved a lien for the benefit of the Association. said lien to be enforceable through apprupriato proceedings at law or in equity by such beneficiaryj provided, however, that each &uch lien shall be specifically made secondazy; subordinate and inferior to aJI liens, present and future, given, gnmted, and created by or at the instBnoe and request of the Owner of any such Lot to secure the payment of monies advanced or to be advance{! on account of the purchase price and/or the improvement of any such Lot. Sale or transfer of a Lot shall not affect the assessment lien. However, tlte sale or tr.msfer of any Lot pursuant to mortgage foreclosure will e:ctinguish the lien of such assessment es to payments which became due prior to such sale or transfer. No sale, foreclosure or transfer will relieve such Lot from liability for any assessments thereafter beooming due or from the lien thereof. The Association will have the right to file notices of liens in favor of such Association in the Real Property Records of Williamson County, Texas.
Section2.7 (a) (b) (c) (d) Cl1W A.. Class A members will be all Owners, with the e~ception ofDeclarant, and will be entitled to I vote fur each Lot owned. When more than one person holds an interest in any Lot, all such persons will be membecs, but the vote fur such Lot will be exercised as they among themselves determine, and in no event will more than I vote be cast with respect to any Lot.
Cbw B. The Class B members will be the Declarant and wiJI be entitled to 3 votes for each Lot
as they among themselves determine, and in no event will more than I vote be cast with respect to any Lot.
Cbw B. The Class B members will be the Declarant and wiJI be entitled to 3 votes for each Lot that Dec1arant owns. The Class B membership ?.ill cease and be converted to Class A metnbcnihip 120 days after the conveyance of the Lot which caU6es the total votes outstanding in the Class A membership to equal the total votes outstanding in the Class B membership, or 10 year.i after conveyance of the first Lot to a Class A member, whichever occurs earlier.
Su5pension, All voting rights of an Owner will be suspended during any period in which such Owner is delinquent in the payment of any assessment duJy established pursuant to this Article Il oc is otherwise in default hereunder or under tfie By-laws or rules and regulations of the Association.
Additional Sectjon.ri. In determining the votes of Declarant, until the final platting of all future Sections is complete, such unplatted Sections shall be deemed to be the number of lots on the master plan for the entire subdivision, and thereafter shall be deemed to be the actual number of Lo1s platte.d for such Section. · ARTICLEffi GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF TH£ ASSOCIATION Owners, will provide and will pay for 011t of the regular assessment fund (provided for in Article II above) the following: Declaralion of Covenants. Conditions am1 Resl:rlaions -Pagi: S . JUL. 30. 2004 9: 03AM NO. 0784 P. 46 (a) Taxes and assessments and other liens and monetmy encumbrances which will properly be assessed or charged against the Common Areas rather than against the individual Owners, if any.
(a) Taxes and assessments and other liens and monetmy encumbrances which will properly be assessed or charged against the Common Areas rather than against the individual Owners, if any.
(b) Care and preservation of the Common Areas and the Common Maintenance Areas.
(c) The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board of Directors (provided that any contract for management of the Association will be immediately terminable, without cause, by the Association, with no penalty, upon no more tban 90 day.s prior written noti~ to the managing party), and the services of such other personnel as the Board of Directors will determine to be necessary or proper for tho operation of the Association. wbethc.r such personnel are employed directly by the Board of Directors or by the manager.
(d) Legal and accounting services.
( e) A policy or policies of insurance insuring the Association and/or it.s Board of Directors and officers against any liability to the public or to the Owners (lllld/or invitees or tenants) incident to the operation of the Association in any amount or amounts as determined by the Board of Directors, including a policy or policies of insurance as provided herein in Article IV.
(1) Workers compensation insurance to the extent necessary to comply with any applicable laws.
(V Such fidelity bonds as may be required by the By-laws or as the Board of Directors may determine to be advisable.
(h)Normal recurring expenses as de~ribed in paragraph 2.3(e).
(I) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural
may determine to be advisable.
(h)Normal recurring expenses as de~ribed in paragraph 2.3(e).
(I) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board of Directors is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion wilJ be necessasy or proper for the enforcement of this Declaration, Section 3.2 Poffers and Duties o.LJbe Board of Directors. The Board ofDin:ctors, for the benefit of the Owners, will have tho following general powers and duti~ in addition to tho specific powen and duties provided for herein and in the By-!aws of the Association: (a) To execute all declarations of awnership for tax assessment purposes with regard to the Common Areas, if any, on behalf of all Owners.
(b) To borrow fimds to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board of Directors sees fit.
(c) To enter int.o contracts, maintain one or more bank accounts, and generaJly to have all the poVt-er nec..,"Ssary for or incidental to the operation and management of the Association.
Oeclntion of Covei;ants, Conditions and R!!striciitlllS -Page 6 JUL. 30. 2004 9:03AM NO.0784 P. 47 (d) To protect or defend the Cormnon Areas and the Common Maintenance Area (if desired by the Board} from loss or damage by suit or otherwise, and to provide adequate reserves for replacements, (e) To make reasonable rules and regulations for the operation of the Common Areas and to amend them from time to time; provided that, any rule or regulation may be amended or repealed by an
acements, (e) To make reasonable rules and regulations for the operation of the Common Areas and to amend them from time to time; provided that, any rule or regulation may be amended or repealed by an instrument in writing signed by a majority of the Owners, or with respect to a rule applicable to less than all of the Common Areas, by the Owners in the portions affected, (f) To make available for inspection by Owners within 90 days after the end of each fiscal year an annual report, and to make all books and records of the Association available for inspection by Owners at ~onable times and intervals, (g) To adjust the arnount, coll.ect and use any insurance proceeds to repair damage or replace lost property, and if proceeds arc insufficient to repair damage or replace lost pmperty, to asSe.$S the Owners in proportionate amounts to cover the deficiency.
(b) To enforce the provisions of -.my rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules.
(i) To collect all assessments and enforce all pena}tie.q for non-payment, including the filing of liens and institution oflegal ~ings.
for all goods, services and insurance, payment of which is to be made from the regular assessment fund and the exclusive right nnd obligation to perfonn the functions of the Board of Directors, except as otherwise provided herein.
Association, will have full power and authority to contract with any Owner or other pen.on or entity for the perf onnance by the Association of services which the Board of Directors is not otherwise requimi to
on, will have full power and authority to contract with any Owner or other pen.on or entity for the perf onnance by the Association of services which the Board of Directors is not otherwise requimi to perfonn pursuant to the tenns hereof: such contracts to be upon such terms and conditions and for such consideration as the Board of Directors may deem proper, advisable and in the best interest of the Association. Without limiting the foregoing, the Board shall have the authority to hire a management company or entity to undertake and oversee the management of the Association and Common Areas and the collection, imposition and use of all assessments and fees; and the Board shall have the right to grant such entity such management, operational, collection and enforcement rights and duties as the Board shall desire.
AR11CLEIV TITLE TO COMMON AREAS Section 4,1 A!SOCilltion to Hok!, lhe Association will o\1/il all Common Areas in fee simple and assume all maintenance obligations with respect to any Common Areas which may be hereafter established.
Nothing contained herein will creat~ an obligation on tho part of Declarant to establish any Common Areas.
Section 4..2 Unbi,lity ln5ura11~. From and after the date on which title to any Common Area vests in the Association, the Association will purch~ and carry a general comprchoosive public liability insurance Declaration of Covenanl5, ConditiOll5 anrl Restrictions· Page 7 ·JUL.30.2004 9:03AM NO. 0784 P. 48 policy for the benefit of the Association and its member.;, covering occurrences on the Common Areas or the Common Maintenance Area (if desired by the Board of Directors). The policy limits will be as
policy for the benefit of the Association and its member.;, covering occurrences on the Common Areas or the Common Maintenance Area (if desired by the Board of Directors). The policy limits will be as determined by the Board of Directors of the Association. The Association will use i1s best effons to see that such policy will contain, if available, cross-liability endorsements or other appropriate provisions for the benefit of members, the Directors, and the management company retained by the Association (if any), insuring each against liability to each other insw-ed as well as third parties. Any proceeds of insurance policies owned by the Association will be received, held in a segregated account and distributed to the Association's general operating account, mernbc~ Directors, the management C-Ompany and other insureds, as their interests may be determined.
~tion 4..3 Condemnation. In the event of condemnation or a saJe in lieu thereof of all or any portion of the Common Areas, the funds payable with respect thereto will be payable to the Association anrl will be used by the Associatfon to purchase additional Common Areas to replace that which has been condemned or to take whatever steps it deem~ reasonably necessary to repair or correct any damage suffered as a result of the condemnation. In the event the Board of Dire..--tors of the Association determines that the fundi cannot be used in such a manner due to the lack of available land for additional Common Areas or for whatever reason, any remaining funds may be distributed to each Owner on a pro ratn. basis.
Secti9n 4.4 Condemnation. The streets within tfie Subdivision which have been designated as "one way' streets, shall remain as one way streets unless approved in writing by at least ninety percent of the Lot
4.4 Condemnation. The streets within tfie Subdivision which have been designated as "one way' streets, shall remain as one way streets unless approved in writing by at least ninety percent of the Lot Owners.
AR'fICLEV ARCHITECTURAL REVIEW Section s.1 A.-chjtectural Control Committee. A committee to be known as the Architectural Control Committee (the tr ACC") will be established consisting of3 members.
(a) The members of the ACC will be appointed, terminated and/or replaced by the Declarnnt so long as there is Class B membership. Thereafter the members of the ACC will be appointed, terminated and/or replaced by the Board of Directors. The members appointed to the ACC are John Lloyd, Jesse Lee and Eric Willis.
{b) The purpose of the ACC is to enforce the architectural standards of the comnrunity and to approve or disapprove plans for improvements proposed for the Lots.
(c) The ACC will act by simple majority vote. and will have the authority to defegaw its duties or to retain the services of a professional engineer, architect, designer, inspector or other person to assist in the performance of its duties.
Section 5.2 ScoQe of Review, No building, fence, waJ~ outbuilding. landscaping, pool, athletic facility or other structure or improvement will be erected, altered, added onto or repaired upon any portion of the Property without the prior written consent of the ACC, provided however, that improvements erected, altered, added onto or repaired by Declarant will be exempt from the provisions of this Article V.
Stction 5.3 Sub01i5sfon of Plam. Prior to the initiation of construction upon any Lot. the Owner ( excluding Declarant) thereof will first submit to the ACC a complete set of plans and specifications for the
5.3 Sub01i5sfon of Plam. Prior to the initiation of construction upon any Lot. the Owner ( excluding Declarant) thereof will first submit to the ACC a complete set of plans and specifications for the proposed improvements, including site plans, grading plans, landscape plans, floor plans depicting room JUL. 30. 2004 9: 03~.M NO. 0784 P. 49 sizes and layouts, exterior elevations, specifications of materials and exterior colors, and any other infonnation deemed necessary by the ACC for the performance of its function. Jn addition, the Owner will submit the identity of the individual or company intended to perform tho work and projected commencement and completion dates.
Section 5.4 Piao Re'\-iew. Upon re,;eipt by 1he ACC of all of the information required by this Article V, the ACC will hiive 30 days in which to review said plans. The proposed improvements will be approved if, in the sole opinion of the ACC; (a) the improvements will be of an architectural style and mat.erial that are compatible with the other structures in tlie Property; (b) the improvements will not violate any restrictive covenant or encroach upon any easement or cross platted building set back lines; (c) the individual or company intended to perform tne work is acceptable to the ACC; and (d) the improvements will be substantially completed, including all cleanup, within 3 months of the date of commencement (6 months for the construction of a complete house). If the ACC fails to issue its written approval within 30 days of its receipt of the last of the materials or documents required to complete the Owner's submission, such failure by the ACC to issue its written approval shall be deemed disapproval.
within 30 days of its receipt of the last of the materials or documents required to complete the Owner's submission, such failure by the ACC to issue its written approval shall be deemed disapproval.
Section 5.5 Non::mpfprmipg Structutf,!. If there will b~ a significant or material deviation from the approved plans in th~ completed improvements, such improvements ,viii be in violation of this Article V to the same extent as if erected without prior approval of the ACC. lbe AC'C, the Association or any Owner may maintain an action at Jaw or in equity for the removal or c.orrection of the non-conforming structure and, if successful, will recover from the Owner in violation all costs, expenses and fees incurred in the prosecution thereof.
Section S.6 Immunity of ACC Members. No individual member of the ACC will have any personal liability to any Owner or any other person for the act:J or omissions of the ACC if such acts or omissions were committed in good faith and without malice. The Association will defend any action brought against the ACC or any member thereof arising from acts or omissions of the ACC committed in good faith and without malice.
Se<:tion 5.7 Address for Notig!. Requests for ACC approval or correspondence with the ACC will be addressed to Architectural Control Committee and mailed or delr.tered in care of Declarant at the address shown at the end of the signature block hereto, or such oth~ address as may be designated from time to time by the ACC. No correspondence or request for approval will be deemed t.o have been received until actually received by the ACC in form satisfactory to the ACC.
Section!!-~ Variance. The ACC shall have the right to grant such variances from the requirements of
be deemed t.o have been received until actually received by the ACC in form satisfactory to the ACC.
Section!!-~ Variance. The ACC shall have the right to grant such variances from the requirements of these restrictions and covenants a.s the ACC shaU deem reasonable; provided however, the ACC may not approve a variance which contradicts tho zoning and/or subdivision ordinances of the City unless the City has previously approved the variance.
Decluration of Covenants, Conditions and Restrictions· P11ge 9 JUL. 30. 2004 9: 04M1 ARTICLEVI EASEMENTS NO. 0784 P. 50 reserves the right to grant perpetual. nonexclusive easements for the benefit of Dcclarant or its dcsignees, upon, across, over, through and under any portion of the Common Area for ingress, egress, installation, r~placement, repair, maintenance, use and operation of all utility and service lines and service systems, public and private, including, without limitation, cable television, telephone, gas and electric systems.
Declarant, for itself and its designees, reserve3 the right to reta..ln title to any and all pipes, lines, cables or other improvements installed on or in such easements. Upon cessation of Class B membership, the Association will have the right to grant the easements described herein.
Section 6.2 Declarant'a Easement to Correg Drainage. As long as Class B (llembership will be in effect, Declarant hereby reserves for the benefit of Declarant and any Builder, a blanket easement on, over and under the ground within the Property to maintain and correct drainage of surface waters and other
eclarant hereby reserves for the benefit of Declarant and any Builder, a blanket easement on, over and under the ground within the Property to maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety and appear.mce, and will be entitled to remove trees or vegetation, without liability for replacement or drunages, as may be neoessa..-y to provide arlequa.te drainage facilities. Notwithstanding the foregoing, nothing herein will be interpreted to impose any duty upon Declarant or any Builder to correct or mainmin any drainage filcilities within the Property, Semon 6.3 Ea:wment for Unintentional Epgoatbment. The Declarant hereby reserves an exclusive easement for the unintentional encroachment by any structure upon the Common Areas caused by or resulting from, construction, repair, shifting, settlement or movement of any portion of the Property, which exclusive easement will exist at all ti!lles during the continuance of such encroachmeIJt as an easement appurtenant to the encroaching Property to the extent of such encroachment Sectfoo 6.4 f.a.,ement fo.r.,,Perimeter Fence and Sidewalk. The Declarant hereby reserves for the benefit of Declarant and the Association an exclusive easement for a perimeter masomy and/or wooden fence nnd sidewalk running at the rear (and in some case,9, the side) of Lots aJong the streets surrounding the neighborhood. These Lots will be sold subject to the perimeter masonry and/or wooden fenc:e and sidewalk and the fence and sidewalk easement described in this section, and the easement will be coextensive with the footprint of the fence and sidewalk. Additionally, the OWlle~ of these Lots will be responsible for the
e and sidewalk easement described in this section, and the easement will be coextensive with the footprint of the fence and sidewalk. Additionally, the OWlle~ of these Lots will be responsible for the maintenance of the interior portion of the fence. including, but not limited to, ',7,'lltering tho area upon which the fence is situated to prevent the shifting of the foundation of the fence which could damage the fence.
Section 6.S Entry ~ent. If the Owner fails to maintain the Lot as required herein and such failure continues for five days after written notice is sent to the Owner of such Lot at the address of the Lot, or in the event of emcrgencyi the Association will have the right to enter upon the Lot to make emergency repain; and to do other work reasonably necessary for the proper maintenance and operation of the Property. F.ntry upon the Lot as provided herein will not be deemed a trespass, and the Association will not be liable for any damage so created unless such damage is caused by the Association's willful misconduct or gross aegligence. All costs and expenses incurred or otherwise paid by the Association shall be secured by a Hen on the Lot. Such sums shall bear interest until paid at the rates set out in Paragraph 2.5 hereot and shall be secured by the liens set out in Paragraph 2.6 hereof.
JUL. 30. 2004 9: 04AM NO.0784 P. 51 Section 6.6 Draimge Easement& .Easements for the installation and maintenance of utilities, storm water retention/detention ponds, ancL'or a conservation area are reserved as may be shown or1 the recorded Plat. Within these easement aress, no structure, planting or other material will be placed or permitted to
on/detention ponds, ancL'or a conservation area are reserved as may be shown or1 the recorded Plat. Within these easement aress, no structure, planting or other material will be placed or permitted to remain which may damage or interfere with the installation and maintenance of such utilities, or which may hinder or change the direction of flow of drainage channels or slopes in the easements. The easement area of each Lot and all improvements contained therein will be maintained continuously by the Owner of the Lot, except for those improvetneots for which a public authority, utility company or the Association is responsible.
Section 6.7 Temporary Completion Easement. All Lots will be subject to an ease:nent of ingress and egress for the benefit of the Declarant, its employees, subcontractors, successors and assigns, over and upon the front, side and rear yards of the Property as may be expeclient or neceSS!ll)' for the construction, servicing and completion of dwelHngs and landscaping upon Lots adjacent to the Property, provided that such easement will terminate 12 months after the date such Lot is conveyed to the Ownec by the Declarant.
ARTICLE VII USE AND OCCUPANCY All Lots and dwellings will be used and occupied primanly for single-family residence purposes only. No Lot or dwelling may be used for commercial, institutional or other non-residential purpose (including residential day care facilities) if (a) the existence or Operation of tbe business activity is apparent or :zoning requirements for the Property: (c) the business activity involves regular visitation of the Unit by
:zoning requirements for the Property: (c) the business activity involves regular visitation of the Unit by clients, customer.., supplierS or other business invitees or door-to-door solicimtion of residimts in the Property; and (d) the business activity dimirushes the residential character of the Property or constitutes a nuisance, or a haz.ardous or offensive use, or threatens the security or safety of the otber residents in the Property, as may be detennined in the sole discretion of the Board of Directors, This prohibition v.ill not apply to (i) "garage sales'' conducted entirely on an Owner's Lot in aecordance with guidelines (if any) established by the Association provided that no Owner will conduct more than I garage sale of no more than 2 days duration during any 6 month period, or (iQ the use of any Unit by Declarant or any Builder as a model home or sales office, or (iii) the use of any Lot as a site for a selection center trailer, construction office trailer amVor sales office trailer and/or parking lot by Declarant or any Builder.
ARTICLE VIll PROPERTY RIGHTS Section 8.1 Qwners' Easement! of E.nioYIJlept. Every Owner will have a right and easement in and to the Common Areas and a right and easement of ingress and egress to, from and through said Common Areas, and such easement will be appurtenant to and will pass with the title to every Lot, subject to the following provisions!
(a) The right of the Association to establish and publish rules and regulations governing the use of the Common Areas affecting the welfare of Association members.
(b) The right of the Association to suspend the right of use of the Common Areas and the voting rights
d regulations governing the use of the Common Areas affecting the welfare of Association members.
(b) The right of the Association to suspend the right of use of the Common Areas and the voting rights of an Owner for any period during which any assessment agalnst bis Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations, Dcclruation ofCovaiants, Condition..s l!Ild Restrictions· Pege 11 , JUL, 3 0. 2 0 0 4 9 : 0 4 AM NO. 0784 P. 52 part of tl,ie Common Areas, if any, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Own~. No such dedication, sale or transfer will be effective unless an instrument signed by Owners entitled to cast two-1hirds (2/3) of the votes of each class of membership has been recorded agreeing to such dedication or transfer. excluding Deelarant, (d) The right of the Association, subject to the provisio(IS hereof, to mortgage aH or any part of the Common Areas. The Common Areas cannot be morlgaged without consent of two-thirds ('2/3) of the votes of each class of membership, excluding Declarant (e) All easements herein described are easements appurtenant to and running with the land; they will at all times inure to the benefit of and be binding upon Declarant, its grant-ees, and their respective heirs, successors, personal representative!! and !15signs, perpetually and in full force.
Section 8.2 Effect ofDeclaratiol!, Reference in any deeil, mortgage, trust deed or any other recorded docwnents to the easements, restrictions and COYenants herein described or to 1his Decl.amioo wm be
ection 8.2 Effect ofDeclaratiol!, Reference in any deeil, mortgage, trust deed or any other recorded docwnents to the easements, restrictions and COYenants herein described or to 1his Decl.amioo wm be sufficient to create and reserve such easements and oovenants to the respective grantees, mortgagees, or b'Ustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in their entirety in said documents.
Section 8.3 Rewning Prohibited, No Lot wi11 be rezoned to any classification allowing commercial, institutional or other non-residential use without the express consent of the Association and Declarant., which may be withheld in Declarant's sole discretion. Declarant or the .Association may enforce this covenant by obtaining an injunction against any WUipproved rezoning at the expense of the enjoined party.
Section 8.4 Lot Consolidation. Dedarant may di•ride any Lot and/or consolidate any adjoining Lots and/or any portion thereof. The Lot or Lots resulting from such dMsion and/or consolidittion shall bear, and the Owner(s) thereof shall bo responsible for, all assessments theretofore applicable to the Lots which are divided and/or consolidated; provided, however, if a Lot is split and not completely consolidated into another Lot, then the assessment amount shall be prorated on a square footage basis. Each such building site shall meet all lawful requirements of o.ny applicable statute, ordinance or regulation.
Section 8,S Dalinagc Alteration P.mhlbited, The sUiface water drainage contours of each Lot will conform to the approved grading plan established by the Declarant or any Builder, unless drainage plans are
ion 8,S Dalinagc Alteration P.mhlbited, The sUiface water drainage contours of each Lot will conform to the approved grading plan established by the Declarant or any Builder, unless drainage plans are modified by Declarant. No O\lt11er will filJ or alter any drainage swale established by the Declarant or any Builder, nor will any Owner install landSC,'IJ)ing or other improvements that may damage or interfere with the instaUation and maintenance of utilities or which may obstruct or divert surface water runoff from the drainage patterns, swales and easements established by the Declarant or any Builder, ARTICLEIX USE RESTRICTIONS Section 9.1 Nuisan~ No nDxious or offensive activity will be carried on upon any Lot, nor will anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
. JUL. 30. 2004 9:04AM I I Section 9,l Development Activity. Notwithstani·ng any other provision herein, Dedarant and its successo~ and assigns, including Builders, will be enti d to conduct on the Property all activities nonnally associated with .and convenient to the development of e Property and the construction and sale of single family dwelling units on the Property. None of such aclivities or uses shall be deemed a violation of these restrictions.
Se(tion 9.3 Temporary StructureL No structure of a temporary character, including, without limiting the generality thereo~ an)' trailer, rent, shack, garage, barnj motor home or mobile home or other outbuilding, and no prefabricated or .relocated structure will be used on any Lot at any time as a residence,
rality thereo~ an)' trailer, rent, shack, garage, barnj motor home or mobile home or other outbuilding, and no prefabricated or .relocated structure will be used on any Lot at any time as a residence, either temporarily or permanently. This restriction will not be interpreted to limit tho right of Declarant or any Builder to use trailers or outbuildings as sales offices, selection center offices, construction offices or material storage facilities, which rights are exprt1ss!}' granted.
Section 9.4 Sii;n!I, No sign or emblem of any ~d may be kept or placed upon a.ny Lot or mounted, painted or attached to any Unit, fence or other improvement upon such Lot so as to be visible :from public view or mounted on any vehicle or trailer parked or driven in the Property or the subdivision or carried by any person or by any other means displayed within the Property or the subdivision except the following: (a) ;Eor Sllle Sign. An Owner may erect 1 sign not exceediag 2 feet by 3 feet in area, fastened only to a stake in the ground end extending not more than 3 fe..."t above the surface of the ground advertising the property for sale or for }ease.
(b} Decl.arant's Sii:ns. Signs or billboards may he erected by the Doclarant or any Builder as declarant shall desire and approve.
(c) PoUtical,Sij?D!. Political signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship of a political party. issue or proposal provided that such signs will not be erected more than 90 days in advanc.o of the election to which they pertain and a.re removed within 1 S days after the election.
in advanc.o of the election to which they pertain and a.re removed within 1 S days after the election.
business mounted upon vehicles parked or driven in the subdivision.
Detlarant or its agents will have the right to remove any sign, bjf lboard or other advertising structure that does not comply with the foregoing requirements; and in so doing, will not be subject to any liability in connection with such removal.
Section 9.5 Vehicle!!.
(a) Campers. Boats end Recreational Vehic.l!M, No campers, boats, marine craft. hovercraft, boat trailers.. travel trailers, motor homes, camper bodies., golf carts, and other types of recreational.
vehicles and non-passenger vehicles, equipmeil¼ implements or accessories may be kept on any Lot unless the same are fully enclosed within a garage located on such Lot ancVor said verucles and/or accessories are fully i;creened from view by a screening strUcture or fencing approved by the ACC, and said vehicles and accessories are in operable condition. The ACC, as designated in this Declaration, will have the absolute authority to detamine from time to time whether a vehicle ancVor accessory is operable and fully enclosed and/or screened, Upon an adverse det.cnnination by Declaration ofCo,•enanls, Conditions an:l Restrlctions-Psge 13 JUL. 30. 2004 9: 05AM NO. 0784 P. 54 said ACC, the vehicle and/or accessory will be removed and/or otherwise brought into compliance with this paragraph. No dismantling or assembling of motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment will be pennitted in any driveway or yard adjacent to a street
h this paragraph. No dismantling or assembling of motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment will be pennitted in any driveway or yard adjacent to a street (b) Conunercial Vehicl~. No commercial vehicle will be parked on any street right-of-way or Lot except v.ithin an enclosed structure which prevents such view thereof from adja.Cfflt lots and street'!, unless such vehicle is temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. No trucks or vehicles of e.ny siz.e which transport inflammatory or explosive cargo may be kopt on the Property at any time.
(c) Mrugr Vehicles, No vellicles or similar equipment will be parked or stored in an area visible from any street except passenger automobiles, passenger ~ans, motorcycle.s, pick-Up trucks, and pick-up trucks with attached bed campers that are in operating condition and have current license plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas. No abandoned, derelict or inoperable vehicles may be stored or located on any Lot.
Section 2,§ Peg. yYestock an~ultty, No animals, livestock or poultry of any kind will be raised, bred or kept on any Lot, except for cats, dogs or other generally recognized household pets, provided tfurt they are not kept, bred, or maintained for any commercial purpose or for food. It is the purpose of these provisions to restrict the use of the Property so that no person will quarter on the premises cows, horses, bees, hogs, pigs, sheep, goats, ducks, ge.ese, chickens. turkeys, skunks or othor animals that may interfere with the quietude, health or safety of the community. No more th.an 4 animals may be kept on a single Lot
gs, sheep, goats, ducks, ge.ese, chickens. turkeys, skunks or othor animals that may interfere with the quietude, health or safety of the community. No more th.an 4 animals may be kept on a single Lot All such animals will be kept in strict accordance with all local laws and ordinances (including leash laws) and in accordance with au rules established by the Association. All animals must be properly tagged for identification. No animal will be allowed to run at large, and all animals will be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects and waste at all times. Such enclosed area will be constructed in accordance with plans approved by the ACC, will be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and wil1 be screened so as not to be visible from any other portion of the Property.
Section 9.7 (rlirba2e and Refuse. DispD!al. No Lot will be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste will not be kept except in sanitary containers. All equipment for the storage or disposal of such material will be kept in a clean and sanitary condition. No cans, bags, containers or receptacles for the storing or disposal of trash, giubage, refuse, rubble, or debris will be stored, kept, placed or mamtained on any Lot where visible from any street except solely on a day designated for removal of garbage and rubbish and on which days only such cans, bags, contain~, and receptacles may be placed in front of a ~idence and beside a street for removal but will be removed from view before the following day. Materials incident to construction of improvements may be stored on Lots during construction by Deelarant
idence and beside a street for removal but will be removed from view before the following day. Materials incident to construction of improvements may be stored on Lots during construction by Deelarant Section 9.8 Air-Cond1tionip~ Units. No air-conditioning apparatus will be installed on the ground in front of a residence nor will any air-conditioning apparattls or evaporative cooler be attached to any froot wall or any window of a residence. Each such unit and apparatus shall provide for visual screening so that it is not visible from adjoining property or streets in such manner as the ACC shall require ftom time to time.
All units shall be screened from public Yiew.
Declaration orCovenant:1, Conditions 8Jld Restrictions -Page 14 JUL. 30. 2004 9: 05AM ~o. 0784 P. 5 5 Section 9.9 Si,:ht Disbnce at ln1enediom. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet abovo the roadways will be placed or permitted to remain on any corner Lot except as may be approved by the ACC. No tree will be permitted to remain within such distances of such intersections unless the foliage line is maintained af sufficient height to prevent obstruction of such sight lines.
Section 9.10 Parki~. No vehicles, trailers, implements or apparatus may be driven or parked in the Common Areas, the Common Maintenance Areas or on any easement unless such vehicle, trailer, implement or apparatus js in use for maintaining such area or easement, provided, however, that this restriction will not apply to driveways or streets intended for vehicular use.
Section 9.11 C2mmetcl!lor Institutional U,,S£, No Lot, and no building erected or maintained on any
d, however, that this restriction will not apply to driveways or streets intended for vehicular use.
Section 9.11 C2mmetcl!lor Institutional U,,S£, No Lot, and no building erected or maintained on any Lot, will be used for manufacturing, industrial. business, professional, commercial, institutional or other non-residential purposes, except as set forth in Article VIL Sectio,n.2,12 D~ched BuildineJ, No detached accessory buildings (other than provided herein) and/or storage buildings, will be erected, placed or constructed upon any Lot by any party other than Dectarant and any Builder if approved by Declsrant, without the prior consent of the ACC. Every outbuilding, inclusive of such structures as a storage building. greenhouse or children's playhouse, wiU be compatible with the dwelling to which it is appurtenant in tenns of its design and material composition.
Exterior paint and roofing materials of such outbuildings shall be consistent with the existing paint and roofing materials of the dwelling, or as otherwise approved by Dec1arant or the ACC. Doolarallt shall have the right to design detached or other out buildings in connection with the development of the Property, wid such designs shall be deemed approved out buildings.
SectiQn 9,13 ~ences, All knees and walls will comply wnh City requirements. No fence, wall or hedge will be erected or maintained on any Lot nearer to the street than the building setback lines for the front and side yards, except for fences erected in conjunction with model homes or sales offices; and provided further, no fence shaJI be less than five feet behind the front of the house on any Lot. Fences constructed on comer lots may be erected one foot from the sidewalk and/or curb for the side yard as long
urther, no fence shaJI be less than five feet behind the front of the house on any Lot. Fences constructed on comer lots may be erected one foot from the sidewalk and/or curb for the side yard as long as such fencing complies with City requirements. All perimeter fences will be constructed of wood, brick and/or masomy except for retaining walls installed by Declarant or retaining walls or decorative walls approVed by the ACC. All perimeter fences will be 6 feet in height unless another height is approved by the ACC but, in any event. no such fence will be less than 4 feet in height or greater than 8 feet in height. No cha.m~link, metal cloth or agricu.Jtural fences may be built or maintained on any Lot. Unless otherwise agreed between Owners, side and rear yard fences that separate adjacent Lol'I will be owned and mamtained by the Owner on whose Lot the fence exists, or if the location is indefinite, such fence will be maintained by the Ownm whose Lots are involved jointly with expenses being shared equally. Notwithstrutding the foregoing, the ACC will has the right and authority to approve variances of fencing height, material and/or location for reasonable cause or to alleviate hardship as determined in the sole judgment of the ACC; provided however, the ACC may not approve a variance which contradicts the zoning and/or subdivision ordinances of the City unless the City has previously approved the variance. Decorative fencing may be allowed on the Lots in aC¢0rdance with regulations established by the ACC.
Section 9.14 Sidewalk!. AH sidewalks .will conform to City specification!! and regulations. If a homeowner, its representative, agent or employee, causes damnge to any sidewalk located on or adjacent to
ction 9.14 Sidewalk!. AH sidewalks .will conform to City specification!! and regulations. If a homeowner, its representative, agent or employee, causes damnge to any sidewalk located on or adjacent to Declaration of Coven1111ts, Coodiuons and Rcstrictlons • Page IS JUL. 30. 2004 9: 05AM NO. 0784 P. 56 such homeowners Lot, the homeowner must repair or repll1e¢ the sidewalk so that it will be returned to its original condition on or before 45 days following the date such damage occurred.
Section 9.15 Landsc.apin,: and E:rteri9J: Maintenance. Decorative ground cover rock in the front and side yard may not exceed 10% of the total area of the front and side yard. Growth of grasses in lawns must be properly maintained not to exceed 6 inches in height. All landscaping located O.!l any Lot will be properly maintained at all times by the Lot Owner. Each tot Owner will keep all shrubs, trees, grass, and plantings of evey kind on his Lot cultivated, pruned, free of tr11Sh. and other unsightly marerial. AU improvements upon any Lot will at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Lot Owner. Declarant, the Association, and the ACC wi 11 have the right Ht any reasonable time to enter upon any Lot to replace. maintain, and cuJtiv~ shrubs, trees, grns5, or other plantings as deemed necessary; and to paint, repair, or otherwise maintain any improvements in need thereof, and to charge the cost thereof to the Lot owner. In addition to these general requirements, each Lot shall maintain at least two (2) trees.
Section 9.16 Antennae, Satellite Dishes and Solar Colleeton. Except with the mitten pennission of the ACC or as provided herein, no Owner may eroct or maintain (a) any direct broadcast satellite ("DBS")
ction 9.16 Antennae, Satellite Dishes and Solar Colleeton. Except with the mitten pennission of the ACC or as provided herein, no Owner may eroct or maintain (a) any direct broadcast satellite ("DBS") antenna greater than one meter {39 inches) in diameter, or (b) any multi-channel multipoint distribution seivice (wireless cable) ("MMDS") antenna greater than one meter (39 inches) in diameter; provided, however, such DBS or MMDS antenna being less than one rneter in diameter may be placed in the least conspicuous location on a Lot where an acceptable quality signal can be received as long as such DBS or MMDS antenna is screened from view (for aesthetic reasons) of any street, alley, park, Common Area or other public area, unless otherwise approved in writing by the ACC. The installation of any other antennal structure, such as a television broadcast service ("TVBS") antenna, will be mounted in the attic of a residential structure unless written permission is givl)n by the ACC to place such antenna! structure in another location. Except with the written permission of the ACC, no solar collector panels may be placed on or around the residential structure.
Section 9.17 Qotbes Hani:lne De!:lm, No clothes hanging devices exterior to n dwelling are to be constrUcted on the Lot.
Section 9.18 Window Treatment. No aluminum foil, reflective film or similar treatment will be placed on windows or glass doors. Temporary window treatmenls must be removed within 45 days.
Sediqn 9.19 Limit.ation on Sqll,!.$ Feet. The minimum square footage area of Units erectoo on the Lots will not be less than 1,400 square feet of living area, exclusive of porches. garages and other areas not climate controlled.
qll,!.$ Feet. The minimum square footage area of Units erectoo on the Lots will not be less than 1,400 square feet of living area, exclusive of porches. garages and other areas not climate controlled.
Section 9.20 QII and Mining Operatfon!. No oil drilling. oil development operations, oil refining, quarrying or mining operation of any kind will be permitted upon or in any Lot, nor will oil wells, tao.ks, tunnels, mineral excavations.. or shafts be permitted upon any Lot. No derrick or other structure designed for use in boring for oil or natural gas will be erected, maintaini;d or permitti;d upon any Lot No rank for the storage of oil or other fluids may be maintained on any of the Lots above the surface of the ground.
Section,!J.21 Mail }!9:xg, Mail boxes will be erected and maintained upon an:as determined by the U.S.
Poslal Service in accordance with the current postal authority standards and the approval of the ACC.
Dcclarutlon afCovcnlU'lls, Conditions llild Rc:mic:tions • Page 16 , JUL. 30. 2004 9: 06AM NO. 0784 P. 57 lines set out in the Plan. Garages may be used as a builderi: sales offices prior to permanent ~cupancy of the main structure. Garages may be attached or detached and must conform to the requirements and limitations of the Plan.
Sectjon 9.23 Setback Lina,. No dwelling will be located on my ~t nearer to the front Lot line or nearer to the side street line than the minimum setback lines shown on the Plat. Notwithstanding the foregoing, the ACC will have the right and authority to approve vari.mces from the setback requirements for reasonable cause or 10 alleviate a hardship; provided however, the ACC may not approve a variance which
the ACC will have the right and authority to approve vari.mces from the setback requirements for reasonable cause or 10 alleviate a hardship; provided however, the ACC may not approve a variance which contradicts the setback requirements of the wning and/or subdivision ordinances of the City unless the City has previously approved the variance. The definition of dwelling, and the permitted type structures allowed within the setback lines will be as set out in the Plan. The aggregate side ~tback on a lot will be determined by tho sum of the distances between the main residentiaJ structure and both side property lines. Detached garages located to the rear of the main residential structure shall not be considered in detennining the aggregate set backs on a Jot, however, no such structure may be closer than 5 feet to any side property Line.
Roof and eave overhangs shall not be considered a part of the main structure for set back requirements, and will not be considered encroachments or violations of the setback requirements.
~tion 9J:1 ,Athletic apd RecrM!i,011al Facilities. Outdoor athletic and recreational facilities such as basketball goals, playscapes, swing sets and sport courts of a pennanent nature will not be placed on any street or on any Lot in the Property or the subdivision between the street right-of-way and the front of a Unit, and must be approved by the ACC pursuant to Article V. Temporary facilities may be placed, utilized and removed from viewfrocn the street during the course ofa day.
Section 9.2S Sccnrjty. Neighborhood watchman patrols may be provided by independent cootractors through the Association, from time to time; however, the Association is not responsible for security of the
tion 9.2S Sccnrjty. Neighborhood watchman patrols may be provided by independent cootractors through the Association, from time to time; however, the Association is not responsible for security of the neighborhood or any Unit and the Owners are exclusively responsible for security for home and property.
Section 9.26 Burni~. E.'Cceptwithin fireplaces in the main residential dwelling and except for outdoor cooking, no burning of anything will be permitted anywhere on the Property.
Section 9.27 Utilities. Except as to s~ial street lighting or other aerial facilities which may be required by the City or by the franchise of any utility company or which may be installed by the Declarant pursrumt to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestal-Si transformers and other surface installations necessary to maintain or operate appropriate underground facilities) will be erected or installed on the Property whether upon individual Lots, easements, streets or tights.of-way of any type. either by the utility company or any other person or entity1 including, but not limited to, any person owning or acquiring any part of the Property, and all utility service facilities (includmg, but not limited to, water, sewer, gas, cable, electricity and telephone) will be buried underground unless otherwise required by a public utility. No individual water sapply system or sewage disposal system will be permitted on any Lot, including. but not limited to, water wells, cesspools or septic tanks.
Section 9.28 Exterior Holidav Deroratipns. Lights or decorations may be erected on the exterior of Units in commemoration or celebration of publicly observed holidays provided that ruch lights or
nks.
Section 9.28 Exterior Holidav Deroratipns. Lights or decorations may be erected on the exterior of Units in commemoration or celebration of publicly observed holidays provided that ruch lights or dewnttions do not unreasonably disturb tho peaceful enjoyment of adjacent Owners by illuminating bedrooms, creating noise or attracting sight-seers. All lights and dee.orations that are not pennanent fixtures of the Unit which are part of the originaJ constrt.Jction or have been properly approved as permanent Declaration of Covenants, Conditions Md RcstrictlOll!I -Page 17 JUL. 30. 2004 9: 06AM NO. Oi84 P. 5 8 improvements by the ACC will be removed within 30 da:ys after the holiday has ended. Christmas decorations or lights may not be displayed prior to November 1st of any year, For other holidays, decorations or lights may not be displayed more thm 3 weeks in advance of the holiday. The Association will have the right, upon 30 days prior written notice. 1o enter upon any Lot and swnmarily remove exterior lights or decorations displayed in violation of this provision. The Association, and the individuals removing the lights and decorations, will not be liable to the Owner fur trespass, conversion or damages of any kind except in the case of intentional misdeeds !Uld gross negligence.
Secdon 9.29 Construction Activities. This Declaration will not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction or n:modeling of or making of additions to improvements by a 1.-0t Owner (including Decls.rant) upon any Lot within the Property.
Specifically, no such construction activities will be deooied to constitute a nuisance or a violation of this
to improvements by a 1.-0t Owner (including Decls.rant) upon any Lot within the Property.
Specifically, no such construction activities will be deooied to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activiti~ provided that such construction is pun;ued to completion with diligence and conforms to usual construction practices in the area. If construction upon any Lot does not conform to usual practices in the area as determined by the ACC in its sole good faith judgment, the ACC will have the authority to obtain an injunction to stop such construction. In addition, if during the course of construction upon any Lot., there is an excessive accumulation of debris of any kind that is offensive or detrimental to the Property or any portion thereof, then the ACC may contract for or cause such debris to be removed, and the Lot Owner will be liable for all expenses incurred in connection therewith.
Section 9.30 Corutrnction Specifications. Subject lo any City requirements. the exterior walls of residential structw'es (exclusive of eaves, soffits and facia) wlll be constructed of at least 75% masonry materials. Hardiplank and similar concrete based materials shall be considered masonry construction. The Architectural Control Committee of the Homeowners Association may grant variances to this provision to allow for the utiliiation of architectural elements to vary the "street scene" front elevations within the neighborhood and such that the resuttlng structure will not detract from the general appearance of the neighborhood. However, a minimui:n of a:t least 100¾ percent of the front exterior wall will be constructed
od and such that the resuttlng structure will not detract from the general appearance of the neighborhood. However, a minimui:n of a:t least 100¾ percent of the front exterior wall will be constructed of masonry materials (excluding windows, eaves, doors, other openings and gables) on all residential structures. Open air porches, colonnades, porte cocheres and detached garages located predominantly to the rear of a main structure shall not be considered street exterior walls in determining masonry percentages.
Declaration o.fCovCDllJI!s, Conditions 1111d Restrictions- Page 18 JUL. 30. 2004 9: 06AM NO. 0784 P. 59 ARTICLE)( PICKETING AND DEMONSTRATIONS By acceptance of the deed to any Lot covered by this Declaration, the Owner covenants and agrees with the Owners of eJl other Lots within the Property that no Owner or resident of any Lot will engage in picketing, protest marches, sit-in demonstrations, protest speeches or other fonns of public protest, including without limitation. displaying signs or placards within public view, upon any Lot or within any Common Area, easement or street right-of way adjacent to any Lot, or affixed tn any vehicle or apparatus upon or adjacent to any Lot. This prohibition will not affect the right of any person to participate in any other form of public protest conducted outside the area. depicted on tho recorded subdivision Plat No Owner or resident of any Lot will engage in conduct that tends to vilify, ridicule, denigrate, or impugn the character of any other Owner or resident if such conduct occurs on any Lot, Common Area. easement or street depicted on the subdivision Plat Each Owner, by acceptance of the deed to any Lot, will be deemed to have accepted the
er or resident if such conduct occurs on any Lot, Common Area. easement or street depicted on the subdivision Plat Each Owner, by acceptance of the deed to any Lot, will be deemed to have accepted the foregoing prohibitions as reasonable limitations on his constitutional right of freo speech. arui to rerognh:e and agree that all Owners have the right to the peaceful enjoyment of their propertyi the right of privacy; the right to practice their own religion; the freedom of rusociation; and the right to engage in a profession, business or life-style of their own choosing provided that the conduct of such profession1 business or life style is not illegal and does not otherwise violate any ptQ\'ision of this Declaration, ARTICU:XI ANNEXATION ~lion 11.1 AnnentioP bY,lleclarant. At any time during the initial term of this Declaration, the Declarant may, at its sole option. annex additional property into the Association to be subject to the terms hereof to the same extent as if originally included herein and subject to such other terms, covenants, conditions, easements and restrictions as may be imposed thereon by Declarant. provided that the annexation will be governed by the following rules: (a) FHAIV A ApproYal. Declarant will submit a written request for approval of any annex.stion under this Section to the FederaJ Housing Administration ("FHA") and the Veterans Administration ("VA"), accompanied by a copy of the Declaration of Annexation. Any proposed annexation must be (i) limited to a defined area, (ii) in accordance with a general p!Bn filed with V At and (iii) approved by the VA and FHA.
(b} Consent or Joinder Not Required. No consent or joinder of any Class A member or other party
fined area, (ii) in accordance with a general p!Bn filed with V At and (iii) approved by the VA and FHA.
(b} Consent or Joinder Not Required. No consent or joinder of any Class A member or other party except the record owner of the land being annexed will be necessary to effect any annexation made pursuant to this Section.
(c) Declaration of Annexation. Annexation shall be evidenced by a written Declaration of Annexation executed by Declarant setting forth the legal description of the property being annexod and any specific restrictive covenants to be applied to such annexed property.
Section 11.2 Annexnti2n bv 4,ctlon of Membcn. At any time the Board of Directors may request approval of the membership for the annexation of additional property into the Association to be subject to all of the tenns of this Declaration to the same extent as if originally included herein. No sruch annexation shall be effective unless approved in writing by members entitled to cast two-thirds (2/3) of the votes in each class of membership, and by FHA and VA as set forth ia subsection 11. Ha) above. Aiiy property that d:\clerklbenbrook I JUL. 30. 2004 9: 06AM IJO. 0784 P. 60 is not owned by Declarant may be !UUlexed hereto according to the foregoing requirements; provided, however, that no such annexation shall be effective without the consent and joinder of the owners of the property to be annexed. Such annexation must be evidenced by a Declarntion of Annexation, as set forth in subsection 11.I(c) above, executed by the parties herein described.
Section 11.3 No Doty to Annex. Nothing herein contained shall establish any duty or obligation on
ion of Annexation, as set forth in subsection 11.I(c) above, executed by the parties herein described.
Section 11.3 No Doty to Annex. Nothing herein contained shall establish any duty or obligation on the part of the Dec.la.rant or any member to anne:x any property into the Association, and no owner of property excluded from the Association shall have an-y right to have such property annexed thereto.
Section 11.4 Efi'ect of Annmdog on ClaS5 B Membership. In detennining the number of lots owned by Declarant for purposes of Class B membership status accordjng to Section 2. 7. the total number of Lots covered by the Association, including all Lots annexed th~to 1 will be considered. If Class B membership has previously lapsed but annexation of additional property restores the ratio of Lots owned by Declarant to the number required for Class B membership, such Class B membership will be reinstated until it expires pursuant to the tenns of Section 2.7.
ARTICLEXIl GENER.AL Section 12J Enforument. The Association or any Owner will have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations., liens and charges imposed now or in the future by the provisions of this Declaration. Failure of the Association or any Owner to enforce any covenant or restriction of this Declaration will ln no event be deemed a waiver of the right to do so in the future.
Section 12.2 Remedies. In the event of any default by any Owner under the provisions of this Declaration, the By-laws or the rules and regulations of the Association, the Association and any Owner will have each and all of the rights and remedies which may be provided for in this Doclaration, tho By-laws
the By-laws or the rules and regulations of the Association, the Association and any Owner will have each and all of the rights and remedies which may be provided for in this Doclaration, tho By-laws and said rulos and regUlations, and those which may be available at law or in equity, and .may prosecute any action or other proceedings agrunst such defaulting Owner arid/or others for enforcemeot of any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a receiver for the Lot and ownership interest of such Owner, or for damages or injunction, or specific performance. or for judgment for payment of money and collection thereof, or for any combination of remedies, or for any other relief.
No remedies herein provided or available at law or in equity will be deemed mutually exclusive of any other such remedy. All expenses of the Association in connection with any such actions or proceedings.
including court costs and attorneys' fees and other fees and expenses, and all damages, liquidated or otbezwise, together with interest thereon at 1be maximum rate perroined by law but, with reference to any Lots financed by FHA insured loans, not in exces.5 of the maximum rate of FHA loans at the time of delinquency, from the due date until paid, will be charged to and assessed against such defaulting Owner, and will be added to and deemed part of his respective regular assessment (to the same extent as the lien provided herein for unpaid assessments) upon the Lot and upon all of his additions and improvements thereto, and upon all of his persona) property upon the Lot. Any and aU of such rights and remedies may be exercised at any time lllld from time to time, cumulatively or otherwise, by the Association or any Owner.
upon all of his persona) property upon the Lot. Any and aU of such rights and remedies may be exercised at any time lllld from time to time, cumulatively or otherwise, by the Association or any Owner.
Section 12.3 Term and Amendment& The covenants and restrictions of this Declaration will run with and bind the land for a term of 30 years frotn the date this Declaration is recorded, after which time they Declaration of CovmAntS, Conditiora and Rcstrictioos • Page 20 JUL. 30. 2004 9: 07AM NO. 0784 P. 61 will be automatically extended for successive periods of 10 years each, unless 75% of the votes outstanding will have voted to terminate the covenants and restrictions of this Declaration upon the expiration of the initial 30-year period or any mension thereof, which tennination will be by written instrument signed by 75¾ of the Owners and properly recorded. in Williamson County, Texas. This Declaration may be amended during the first 3()..year period by an instrument signed by not less than 66.67% of the Owners and by the Deelarant, except as provided below. .Any amendrncnt must be recorded. Notwithstanding any provisions hereof to the conttary, the Declarant may, at its sole disettition and without consent being required of any other party, modify, amend or repeal this Declaration (i) at any time prior to the closing of the sale of the first Lot covered hereunder, provided Mid amendment. modification or repeal is in writing and properly recorded in Williamson County, Texa9, and (ii) at any time to cause these declarations, covenants and restrictions to meet HUD, FHA and/or VA requirements for qualified subdivisions. Declarant further reserves, (a) prior to the closing of tho sales of all of the Property, all rights which inay be necessary to deal
to meet HUD, FHA and/or VA requirements for qualified subdivisions. Declarant further reserves, (a) prior to the closing of tho sales of all of the Property, all rights which inay be necessary to deal with the Property, including the right to vacate, amend or modify the Plat of the Property, and (b) the right at any ti.me to amend this Declaration in order to correct scriveners' errors. Amendments will be subject to prior approval by FHA and VA if any Lot covered hereunder is encumbered by an FHA or VA mortgage loan.
court order will in no way affect any other provisions which will remain, in full force and effect.
Section 12.5 Rights. and Oblientioy, The provisions of this Declaration and the Articles of Incorporation and By-laws and the rights and obligatlons cs1a.blish.ed thereby will be deemed to be covenants running with the land and will inure to the benefit of, aod be binding upon, e.ach and all of the Owners and their respective heirs, representatives, successo£5, assigns. purchasers. grantees and mortgagees.
By the recording or the acceptance of a deed conveying a u:it or any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed will be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration and the .Articles of lncorporation and By laws, whether or not mention thereof is made in said deed, Section 12.6 FIIANA Appi:oval, If there exists a Class B membership, the following actions will require approval of the Federal Housing Administration and (he Veterans Administration, as applicable: (1)
ction 12.6 FIIANA Appi:oval, If there exists a Class B membership, the following actions will require approval of the Federal Housing Administration and (he Veterans Administration, as applicable: (1) mortgaging or conveyance of Common Areas, (2) f.lDnexation of additional properties into the Association, (3) amendment of this Declaration or the Articles of Incorporation or By-laws of the Association except 12(3)(b), and (4) dissolution of the Association.
Section U.7 Gender, All personal pronouns used in this Declaration, whether used in the masculine, feminine or neuter gender, will include all other genders, and the singular will include the plural, and vice versa.
Section 12.8 Headingir. The headings contained in this Declaration are for reference purposes only and will not in any way affect the meaning or interpretation of this Declaration.
Section 12.9 ~onDicu. Jn the event of conflict between the tenns of this Declaration and any By-laws, rules, regulations or Articles oflncorporation of the Association, this Declaration will control.
Section 12.10 tat:fiaJ Iovsliditv, The invalidation of any one of these covenants by judgment or court order will in no way lllfect any of the other provisions, which will rem.a.in in full force and effect.
Declaration of Covenants, Conditions and Restrictions· Page 21 ,JUL. 30. 2004 9:07AM NO. 0784 P. 62 IN WITNESS WHEREOF, the Declarant has caused this instrument to be ex~ted Oil its behalf, attested and its corpo~ seal to be hereunto affixed as of the day and year first above written.
STA TB OF TEXAS COUNTY OF TRAVIS by JOHN LLOYD, GENERAL PARTNER of BENBROOK PROPERTIEs,LTD., a Texas limited
ve written.
STA TB OF TEXAS COUNTY OF TRAVIS by JOHN LLOYD, GENERAL PARTNER of BENBROOK PROPERTIEs,LTD., a Texas limited I,.;:!/ J/nWy 6, ~ 'l{I..W JUL. 30. 2004 9:07AM IJut -IQ,IS . I : I .. . . . ' I i tM.tD 6-=i.;:c::.zn w,no.,;,,, ~!'lrf.lh";.'r!'l,r
BENBROOK SECTION PHASE RANCH ONE ONE P. 63 r SHEET 1 Or 5 7;.WA PLAT Ni:r.
JUL. 30. 2004 r I / I ' I / I / (f.1J ;' ~ Jo-U'ALII. 1·-.)lAJ "''· .....
LL "· Cl ,.._t.1 ~-c:, 'AWLI , .... 9:07AM BENBROOK RANCH SECTION ONE PHASE ONE P. 64 SHEET 2 Of' 5 ZW>. PLt.1 No, zo1-010-o~-01 .. -.. .
-. I . ~ ., ,,. I ·I •..: I JI .. , II II I\ ,. I I· I ill I I a I I~ I ,., i \.
I I .
,: I I I I I ..... .
l.
I I 'I i. ,,, ,, 1•; "· ., :n . I .I I I I I I I I r I I I I I ., I~ I I :)i .,
,: I I I I I ..... .
l.
I I 'I i. ,,, ,, 1•; "· ., :n . I .I I I I I I I I r I I I I I ., I~ I I :)i ., itr . 1,l~ I j I I I I -I I I .I I I I 1· I I ,:: ,., ,, I I I I I I -~ ,...
,I 1 I I BENBROOK RANCH SECT\ON ONE PHASE ONE I • I ' •. , I \. I I I SHEET 3 ()I' 5 2WA PL•T Ho, zo1-010-0J-01 JUL 30. 2004 9:08AM .... ,.,, 'G1H
"11'11,fMIC01ill$ .... "'1IJI JIUJ •I H.ll,IIIYlOIJ ,OIOQI0,10,.0. NO. Oi84 P. 66
r-1-.'4'"' ,:,jlf.Sr...tff41 .... tr<t..,.,,.,,,,,,
i Jl ZWA BENBROOK RANCH :r-irii-iwnfiMJ(t' 4,rocA!wJj LLC. SE CT I O N ON E SHEET 4 Of Pro/'ru,,JklnM ~nd StNWyOn 5 JUL. 30. 2004 9:08AM
JUL. 30. 2004 9:08AM u •.. ,,,..,..
co,,rrrt;tu~,a RECORDERS MEMORANDIJM All 0rp1111 oflbe ~ton lhis pargc'WN oot clearly l=glblc lbr mlsllcloiy mordatlon.
SHEET 5 Of.
5 BENBROOK RANCH SECTION· ONE PHASE ONE r,,/A Pl.Al' Mo.
%1-10-04-1 JUL 30. 2004 9: 09AM NO. 0 7 8 4 P. 6 8 Au.stini Texaa 78701 .. 2711 -f1tBl--ft1f RECGIB· [fflClAL PUBLIC RECOODS WILLI ANSON COUNTY, TEXAS ·---, . .
-f1tBl--ft1f RECGIB· [fflClAL PUBLIC RECOODS WILLI ANSON COUNTY, TEXAS ·---, . .
.... (;,p)RETURN TO lllnillllllllm111n, ................ .
;.,1t, OHi TITLE , /ffe.,,/ ASSIGNME1''T OF DECLARANT'S RIGHTS AND AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BENBROOK Ri\NCH This Assignment of Dcclarant's Rights and Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions (this "Assignment") is made by BENBROOK TEXAS, L.P., a Texas limited partnership ('"Assignee"), and is as follows: RECITALS A. Assignor is the current "Declarant" under that certain Amended and Restated Declaration of Covenants. Conditions and Restrictions -Benbrook Ranch, recorded under Document No. 9oD1/ Ofs;l~fficia1 Public Records of Williamson County, Texas (the "Deed Restrictions").
B. Assignor desires to transfer nnd assign all of its rights, title, and interest as Declarant under the Deed Restrictions to Assignee.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Transfer and Assignment of Declarant's Rights. Assignor does hereby grant, sell, set over, transfer, and assign to Assignee, its successors and assigns, all of Assignor's right, title, interest, powers, privileges, benefits, and obligations as Declarant under the Deed Restrictions. Assignee shall
er, and assign to Assignee, its successors and assigns, all of Assignor's right, title, interest, powers, privileges, benefits, and obligations as Declarant under the Deed Restrictions. Assignee shall hereinafter have all rights to act and exercise all rights, powers, privileges. benefits, and obligations as the Declarant under the Deed Restrictions.
2. Amendment to Declarations. Assignor, as Declarant, does hereby modify and amend the Deed Restrictions to substitute in its place, Assignee. as the "Declaranf' for all intents and purposes.
Assignee shall hereinafter have all rights to act and exercise all rights, powers, privileges, benefits, and obligations as the Deciarant under the Deed Restrictions.
3. No Other Changes. Except as specifically set forth in this Assigtunent, the terms and provisions of the Deed Restrictions shall remain unmodified, and the Deed Restrictions are hereby confirmed as being i.n full force and effect as amended herein.
4. Survival of Provisions. This Assignment shall bind and inure to the benefit of the parties hereto and their respective successors and assigns.
5. Captions. The captions of sections in this Assignment are for convenient reference only and are not to be construed in any way as part of this Assignment.
[signature page follows] 186835-1 04/20/2004 NOV-03-2004 15:56 After R«ording Return 1'0; Robert D. Burton MILBURN HOMES Armbrust & Brown, L.L.P.
100 Congress Ave., Suite 1300 Austin, Texas 7S701 FILED ANO RECORDED OFFICIAL PUBLIC RECORDS 2004047742 06/la/2004 10:35 AM CARRILLO $18.00 NANCY E. RISTER CO""'TY ' .,,.. Cl...ERK UILLIAMSON COUNTY, TEXAS iOTRL P.03