OHi TITLE ,V RETURNT~ .
Arter Recording Return To: Robert D. Burton Armbrust & Brown, L,L,P, 100 Congress Ave., Suite 1300 Austin, Tens 78701 NO. Oi84 P. 1 RiST 2004045112 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BENBROOK RANCH A ResidentW Comttlunity in Williamson County, Texas 188199•2 OSI 1212004 Travis Title TR 10.10.46.67 WM 2004045112,001 AMENDED A.ND RESTATED DECLARATION OF COVENANTS, CO1''DITIONS AND RESTRICTIONS BENBROOK RANCH t ABLE OF CONTENTS ARTICLE 1 DEFINITIONS ........................................................................................................................ 3 ARTJCLE 2 GENERAL llESTRICTIONS ................................................................................................. 8 2.01 General ...................................... , ................... , ............................. , .. ,,_ ....... , ........... ,., .................... 8 2.02 Provision of Benents and Services to Service Areas .......................................................... 8 2.03 Subdividing ................. , ....... , ........................ , .............. ,.,. ......................................................................... 9 2.04 Hazardous Activities ......................................................................................................... IO 2.05 Insurance Rates .................................................................................................................. 10 2.06 Mining and Drilling ........................................................................................................... 10
............................................................. 10 2.06 Mining and Drilling ........................................................................................................... 10 2.07 Noise .................................................................................................................................. 10 2.08 Animals -Household Pets ........ , ........................................................................................ 11 2.09 Rubbish and Debris ........................................................................................................... 11 2.10 lv1aintenance ...................................................................................................................... 12 2.11 ST Landscape Are~-Owner's Obligation to Maintain Landscaping .................................. 13 2, 12 A.rltetlilao ......... , ......................... , ............................... , .. , .............................................................. 15 2.13 Location of Pennitted Antennas ........................................................................................ 15 2.15 Tan.ks ......................... , ..................................................... , .......................................... , ......... 15 2.16 Temporary Structures ........................................................................................................ 15 2.17 Unsightly Articles; Vehicles ... , ........................................................................................ I 5
................................................................ 15 2.17 Unsightly Articles; Vehicles ... , ........................................................................................ I 5 2.18 Mobile Homes, Travel Trailers and Recreational Vehicles .............................................. 15 2.19 Basketball Goals; Permanent and Portable ........................................................................ 15 2.20 Compliance with Associution Restrlctions ........................................................................ 15 2.21 Liability of Owners for Damage ro CommonArea ........................................................... 15 2.22 No Warranty of Enforccability .......................................................................................... 1.5 ARTICLE 3 USE AND CONSTRUCTION RESTRICTIONS ................................................................. 15 3.01 Single.Fantlly Residential Use .......................................................................................... 15 3.02 Ren.tals .... , ........................... , ............. ,, ............. , .......... ,., ........................... , .... , .......................................... , ...... , .... 15 3.03 Garages .............................................................................................................................. 15 3.04 Fences; Sidewalks ................................................................................................... ,, ................................................... 15 3.05 Dwelling Size .................................................. , ........ , ... ,., ......... , ... ,, ............................................ 15
....................................... 15 3.05 Dwelling Size .................................................. , ........ , ... ,., ......... , ... ,, ............................................ 15 3.06 Alteration or Removal ofimptovements ........................................................................... 15 3 .07 Masomyi Fa1r3de Materials ............................................................................................... 15 3.08 Trash Containers ................................................................................................................ 1 S 3.09 Drainage ..................................... , ..... , ..................... ., ............ , .............. , ...... ., .............. .,., ........... I 5 3.10 Construction Activities ...................................................................................................... 15 ARTICLE 4 BENBROOK RANCH HOlv!EOWNERS ASSOCIATION, INC ....................................... 15 4.01 Organization ...................................................................................................................... I 5 ·4 .02 Membership ....................................................................................................................... 15 4.03 Voting Rights .................................................................................................................... 15 4.04 Powers ............................................................................................................................... 1 S
..................................................... 15 4.04 Powers ............................................................................................................................... 1 S 4.05 Ind.emrtlfication ................... , ... ,,.~ ... , ............................... ,, ...................... , ............... , ....... , ............ 15 188199-2 05/12/2004 4.06 Insuranc.e .......................... , ... , ............................ l ....................................................................... 15 4.07 Control by Declarant .... ._ .................................................................................................. 15 4.08 Bulk Rate Contracts ............................ ,,, ............................ , .................. ,, ................ , .............. 15 ARTICLE 5 INSURANCE ........................................................................................................................ 15 5.02 Restoration ........................................................................................................................ 15 5.03 Mechanic's and ~terialmen's Licn ................................................................................. 15 AR TI CLE 6 COV&'-l'A.'NT FOR ASSESSME?-lTS .................................................................................... 15
................................................................. 15 AR TI CLE 6 COV&'-l'A.'NT FOR ASSESSME?-lTS .................................................................................... 15 6.01 Assossmer1ta ..... , ................. , ........ , ....... , ........ 1 ........................................................... ,, ......... u, ....... 15 6.02 Maintenance Fund ............................................................................................................. 15 6.03 Regular Annual Assessments ............................................................................................ 15 6.04 Service Area Assessment!l ................................................................................................. 15 6.05 Special Assessments .......................................................................................................... 15 6.06 Amount of AssesSil'lent. ..................................................................................................... 15 6.07 Late Char-ges ....................................................................... , .............. , ...................................................... 15 6.08 Owner's Personal Obligation for Payment of Asst:ssment.s ............................................. 15 6.09 Assessment Lien and Foreclosure ..................................................................................... 15 6.10 Exe-mptProperty ................................................................................................................ 15 6.11 Fines and Damages Assessment. ....................................................................................... 15
....................................................................... 15 6.11 Fines and Damages Assessment. ....................................................................................... 15 ARTICLE 7 ARCIDTECTURAL CONTROL COI'vlMITTEE ................................................................. 15 7 .0 l Construction of Improvements .......................................................................................... 15 7.02 Architectural Control Committee ...................................................................................... 15 ARTICLE 8 MORTGAGE PROVISIONS ................................................................................................ 15 8.01 Notice of Action ................................................................................................................ 15 8,02 Exrnnination ofBook.s ........................................................ , .............................................. 15 8.03 Taxes, Assessnients and Charges ...................................................................................... 15 ARTICLE 9 GENERAL PROVISIONS ............. , ..................................................................................... 15 9.01 Tertll , ............................................................. -................................................. , ........................ 15 9.02 Bmin.ent Do.nmin ... -, ........ , .................................................... , ............ , ........................... , ......... , ... 15 9.03 Amend.Inent ..... , ........ , ....................... , ....... ,,., ....... ,,, ....... , ...... , .. , ....... ,, ........ , ....................... ,,,,, ... 15
......... , ......... , ... 15 9.03 Amend.Inent ..... , ........ , ....................... , ....... ,,., ....... ,,, ....... , ...... , .. , ....... ,, ........ , ....................... ,,,,, ... 15 9.04 Roadway and Utility Easemenrs ........................................................................................ l S 9,05 Enforcement ....................................... , ......................... , ........... , ........ , ........... , ......... , .......................... , .. 15 9.06 Higher Authority ..................................................... ~ ........................................................ 15 9.07 Severability ........................................................................................................................ 15 9 .. 09 Gender ..................................... , ...................... , .................. ,, ............................................. , ........................ 15 9. IO Acceptance by Grantees .................................................................................................... 1 S 9.11 Damage and Destruction ................................................................................................... 15 9.12 No Pai-ti.ti.on ................ , ................................. ,, ................... , ................................................................ 15 9.13 Notice-s ................. , ......................................................................................... , ........................ , ........ 15
................................ 15 9.13 Notice-s ................. , ......................................................................................... , ........................ , ........ 15 ARTICLE 10 EASEMENTS ...................................................................................................................... 15 10.01 Right of Ingress and Egress ............................................................................................... 15 J0.02 Reserved Easements .......................................................................................................... 15 10.03 Utility Easements .............................................................................................................. 15 I 0.04 Dcclarant as Attorney in Fact. ........................................................................................... l S ARTICLE 11 DEVELOPMENT RIGHTS ................................................................................................ 15 11.01 Development by Declarant ........................................................................ ~ ...................... 15 ii 188199-2 05/l2/2004 JUL. 30. 2004 8: 53AM --------------. NO. 0 784 n 4 r.
11.02 Special DecJarant Rights ................................................................................................... 15 11,03 Addition of Land ........................................................................................................... , ... 1 S
ARTICLE 12 DISPUTE RESOLUTION ........................... , ......... , ............................................................. 15 12.0 I Agreement to Encourage Resolution of Disputes Without Litigation ............................... 15 12.02 Dispute Resolution Procedures ......................................................................................... 15 12.03 Initiation of Litigation by Association .............................................................................. 1 S iil AMENDED AND RESTATED DECLARATION OF COVENANTS, CONOITTONS AND RESTRICTIONS THE STA TE OF TEXAS § § COUNTY OF WU.,LIAMSON § BENBROOK RANCH KNOW ALL M.EN BY THESE PRESENTS: This Amended and Restated Declaration of Covenants, Conditions and Restrictions (the "Declaration'1 is nude by BENBROOK PROPERTIES, LTD., a Texas limited partnership (the "Declarant'~, and is as follows: RECITALS: A. Decla.rant recorded that certain ,Amended and Restated Declaration of Covenants.
Conditions apd Restrictions as Document No. 2003013383, in the Official Public Records of Williamson County, Te."<aS (the ''Original Declaration").
B, Section 12.3 of the Original Declaration provides that the Original Declaration may be amended by an instrument signed by not less than 66.67% of the Owners and the Declarant C. Declarant and Capital Pacific Holding.q, L.L.C., a Texas limited liability company, comprise 66.67% of the Owners.
ed by an instrument signed by not less than 66.67% of the Owners and the Declarant C. Declarant and Capital Pacific Holding.q, L.L.C., a Texas limited liability company, comprise 66.67% of the Owners.
D. The President of the Association has executed this Amendment for the purpose of certifying that thls Declaration has been signed by not less than 66.67% of the Owners.
E. Oeclarant, pursuant to Section 8.03 of the Original Declaration desires to amend the Original Declaration in its entirety, and substitute tho terms and provisions of This Declaration in its place.
F. Declarant desires to create upon the Property a residential community and carry out a uniform plan for the improvement and development of the Property for the benefit of the present and all future owners thereof.
G, Declarant further desires to provide a mechanism for the preservation of the community arid for the maintenance of common areas and, to that end, desires to subject the Property to the covenants, conditions, and restrictions set forth in this Declaration for the benefit of the Property.
NOW, THEREFORE, it is hereby declared: (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following covenants, conditions and restrictions which shall run with the Property and shall be binding upon all parties having right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns and shall inure to the benefit of ea.ch owner thereof; and (ii) tbllt each contract or deed which may hcren.ftcr be executed with regard to the Property, or any portion theroo~ shalJ conclusively be held to have been executed, delivered, and accepted subject
(ii) tbllt each contract or deed which may hcren.ftcr be executed with regard to the Property, or any portion theroo~ shalJ conclusively be held to have been executed, delivered, and accepted subject to the follo~ing covenants, conditions and restrictions, regardless of whether or not the same are sot out in full or by reference in said contract or deed, 188199·2 05/1:2.ll.004 Travis Title TR 10 .10. 4 6. 67 WM 2004045112. 005---·------ " ------ARTICLE I DEFINI'l1ONB NO. 0784 P. 6 Unless the oontext otherwise specifies or requires, the folfowing words and phrases when used in this Dedamtion. shall have the meanings heremafter specified: "A!:shltectural Control ~9mmlttee" shall rnean the committee created pursuant to this Decl.u-ation to review and approve pl.ans for the coDStruction, placement, modification, alteration or remodeling of any Improvements on any Lot, "Articles" shall mean and refer to the Articles of Incorporation of the Association, filed in the Office of the Secretary of State of Texas, as the same may be amended from time to time.
"Assessment'' or "Assessments" shall mean assessments imposed by the Association under this Occlararion.
"Association'' shall mean and refer to the Benbrook Ranch Homeowners Association, Inc., a Texns non-profit corporation, which sh.all be created by Decla.rant to exercise the authority and assume the powers specified in A.nicle 4 and elsewhere in this De;lan1tlon, "Board" shall mean the Board ofDirectors of the Association.
"Bulk Rate Contract" or "Bulk Rat~ Contracg" shall mean and refer to one or more contracts which are entered into by the Association for the provision of utility services or other services of any kind
"Bulk Rate Contract" or "Bulk Rat~ Contracg" shall mean and refer to one or more contracts which are entered into by the Association for the provision of utility services or other services of any kind or narore to the Lots. The services provided under Bulle Rate Contracts may include, without linutation, cable, television services 1 telecommunications services, internet access services, ''broadband" services, security services, trash pick up services, propnne service, ontural gas service, lawn maintenance services and any other services of any kind or nature which are considered by the Board to be beneficial.
"~'' shall mean and refer to the Bylaws of the Association as adopted anti llS amended from time to time.
"Common Area" shall mean and refer to all real property and any interest, including any hnprovements located thereon, which is designated by Occlarant as common area for the benefit of the Property, and is conveyed to the Association or is otherwise held by Dcclarnnt for the benefit of the Owners. The Common Area sbaU include all areas that shall be or have been dedicated to all public authorities but not yet accepted by such authorities. The Common Area shall be for the common use illld enjoyment of the Owners. Common Area ITlity be designated by Deelarant from time to time and at any time.
'l)eclarant" shall mean and refer to BENBROOK PROPERTIES, LTD., a Texas limited partnership, its successors or assigns; provided that any assignmcnt(s) of the rights of Benbrook Properties, Ltd., as Declarant, must be e,cpressly set forth in writing and recorded in the Official Public Records of Willimnson County, Texas.
The "lleclarant.i Is lhe party who causes the Pro}Jerty to be developed for actual residentlnJ
e,cpressly set forth in writing and recorded in the Official Public Records of Willimnson County, Texas.
The "lleclarant.i Is lhe party who causes the Pro}Jerty to be developed for actual residentlnJ use. The Declarant enjoys .special pril'lloges to hel}J prot"t ita Investment in the development. These special rights are described in this Declaration. Man)' o( these ri~hh do not t.er~te 11ntil Declarant eltbei-Detlatant: (I) bu sold all Lots which may be created out of the Property; or (ll) vol11.ntarily term!m1tes these riebu by a written instrument recorded in the Oflclal l'ubllc Records of Will1111.t1Jon County, Tuas. The rights reserved by the Decla.rant may be assl,BTicd unilateraUy, and ln whole or ln part to one or more third parties.
2 188199-2 OS/l2fl004 "Design Guidelines" shall mean the standards for design, construction, landscaping, and exterior items placed on a Lot adop"'1 pursuant to Section 7.02(c), as amended. Declarant has no obligation to adopt Design Guidelines.
"Improvement" shall mean every slructure and all appurtenances of every type and kind, whether temporary or pcnnanent in nature, including, but not limited to, buildings, outbuildings, storage sheds, patios, tennis courts, sport courts, recreational facilities, swh:runing pools, putting greeru, garages, driveways, parking areas and/or facilities, storage buildings, 8idewalks, fences, gates, screening walls, retaining walls, stairs, patios, decks, walkways, landscaping, mailboxes, poles, signs, antennae, exterior ak conditioning equipment or fixtures, exterior ligbtir.g fixtures, water softener fixtures or equipm...'"llt, and
rs, patios, decks, walkways, landscaping, mailboxes, poles, signs, antennae, exterior ak conditioning equipment or fixtures, exterior ligbtir.g fixtures, water softener fixtures or equipm...'"llt, and poles, pumps, WeUs, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cab1e television, or other utilities.
"Lot'' shall mean and refer to a portion of the Property designated by Declarant or as shown as a subdivided lot on a Plat otha than Common Area.
''Manager" shall have the meaning set forth in Section 4.04(h), "Members" shall mean and refer to every pmon or entity who holds membership privileges in the Association.
indebtedness and covering any Lot, "Mortea&£e'' or ''Mortgagees" shall mean the holder(s) of any Mortgage(s).
"Owner" shall mean the person(s), entity or entities, including Declarant, holding all or a portion of the fee simple interest in any Lot, but shall not inchtde the Mortgagee under a Mortgage prior to its acquisition offec simple interest in such Lot pursuant to foreclosure of the lien of its Mortgage.
"PM' shall mean a subdivision plat of any portion of the Property as recorded in the Official Pllblic Records of Williamson County, T~. and any amendmentg thereto, "Pro_pertv'' shall mean all of that certain real proporty descn"bed on Exhibit "A", attached hereto.
subject to such additions thereto and deletions therefrom as may be made pursuant to Section I 1. 03 11nd Section 11.04 of this Declaration.
"Residentinl Lot" shall mean and refer to a portion of the Property shown as a subdivided lot on
deletions therefrom as may be made pursuant to Section I 1. 03 11nd Section 11.04 of this Declaration.
"Residentinl Lot" shall mean and refer to a portion of the Property shown as a subdivided lot on a Plat, other than ColllDlon Axca, that is intended and designated solely for single-family residential use.
"Restrictions'' shall mean the restrictions, covenants, and conditions contained in this Declaration, the Design Guidelines, Bylaws, or in any rules and regulations promulgated by tho Association pursuant to this Declaration, as adoptedand amended from time to time.
''Service Area" means a group of lots and designated as a separate Service Area pursqant to this Declaration for purpose of receiving benefits or sesvices from the Association which are not provided to e.11 Lots. A Service Area may be comprised of more than one housing type and may include noncontiguous Lots. A Lot may be assigned to more than one Service Are.a. Sorvice Area boundaries may be established and modified as provided in Section 2.02.
"Service Area Assenment&,, means assessments levied against the Lots in a particular Service Arca to fund Sorvice Ar?a Expenses, as described in Section 6. 04.
3 188199-2 05/12/2004 JUL. 30. 2004 8: 54AM NO. 0784 P. 8 "Servic1; Area Expenn1" means the actual and estimated expenses which the Association incurs or oxpects to incur for the benefit of Owners within a particular Service Area, which may include a reasonable rese{.)c for capital repairs and replacements and a reasonable administrative charge, as may be authorized pursuant to this Oei:larotion.
ARTICLE2 GENERAL RESTRICTIONS 2.01 Gene!:!!, All Lots shall be owned, held, encumbered, Jeruied, used, occupied and enjoyed
e administrative charge, as may be authorized pursuant to this Oei:larotion.
ARTICLE2 GENERAL RESTRICTIONS 2.01 Gene!:!!, All Lots shall be owned, held, encumbered, Jeruied, used, occupied and enjoyed subject to: (i} the applicable conditioru;, restclctions, reservations, and easements contained in this Dcdaratioo; (ii) the Design Guidelines; and (iii) any rules and regulations adopted by the Board.
NOTICE Thls Deciaration 1 the Dedgn Guidelines, and the rules and re~ulatlons adopted by the Board are subject to change from time to time, Dy owning or occupying a Lot, you agree to remain in complurnce with this Declaratlon, the De$ign Guidelines, and the rules and ret!ullltillrn. as thev mliv clunrze from tlme to time, (a) Tbe Declarant ln any v.ntten notice recorded in the Official Public Records of William.son County, Texas may assign Lots to one or more Service Areas (by name or other identifying designation) as it deems appropriate, which Service Aleas may be then existing or newly created, and may require that the Association provide benefits or services to such Lots in addition to those which the Association generally provides to the Property, Declaraot may unilaterally amend any written notice recorded in the Official Public R~ords of Williamson County, Texas, to re-designate Seniice Area boundaries. All costs associated with the provision of services or benefits to a Service Arec.1 shall be assessed against the Lots within the Service Aroa as a Service Area. Assessrnenl (b) In addition to Service Areas which Declarant niay designate, any group of Owners may petition the Board to designate their Lots as a Service Area for the pull'ose of receiving from the
Assessrnenl (b) In addition to Service Areas which Declarant niay designate, any group of Owners may petition the Board to designate their Lots as a Service Area for the pull'ose of receiving from the Association: (n) special benefits or services which are not provided to all Lots, or (b) a higher level of service than the AssociHtion otherwise provides, Upon receipt of a petition signed by Owners of a majority of the Lots within the proposed Service Area, the Board shall investigate the tern-is upon which the requested benefits or services might be provided and notify the Owners in the proposed Service Area of such terms and the charge to made therefor, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such admlcistrative charge shall apply at a uniform rate per Lot among all Service Areas receiving the same service). Upon written approval of the proposal by Owners of at least sixty-seven percent {67¾) of the Lots within the proposed Service AI~, the Association shall provide the requested betJefits or services an the tenns set forth in the proposal. The cost and administrative charges associated ,vith such benefits or services sball be assessed against the Lots within such Service Area as a Service Area Assessment.
2,03 Subdividing. No Lot shall be further divided or subdivided, nor may any casements or oth~ interests therein less than the whole be conveyed by the Owner thereof without the prior Mitten approval of the Architech.lral Control Committee; provided, however, that when Declarant is the Ownc:r ther~of, Declarant may further divide and subdivide any Lot and convey any easements or other interests less than the whole, all without the approval of the Arcbitectur11l Control Committee,
he Ownc:r ther~of, Declarant may further divide and subdivide any Lot and convey any easements or other interests less than the whole, all without the approval of the Arcbitectur11l Control Committee, 2.04 Hazardous Activities. No activities shall be conducted on the Property and JJO Improvements constructed on the Property, which l!Te or might be unsafe or haurdous to any person or 4 !SB 199·2 OS/1212004 Travis Title TR 10.10,46.67 WM 2004045112.008'·- ........ ,-, ...
JUL. 30. 2004 8: 54AM ------.. ---·. . NO. 0784 P. 9 property. Without limiting the generality of the foregoing, no fireanru or fireworks shall be discharged upon the Property, no open fires shall bo lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes.
2.05 Insurance fuites. Nothing shall be done or kept on the Property which would increase the rate of casualty or liability insurance or cause the cancellation of any such insmance on the Common Area or the improvements located thereon, without the prior written approval of the Board.
2.06 Minln2 and Drlllipa;. No portion of the Property shall be used for the purpose of mining, quarrying, drilliog, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth.
2.07 Noi8~, No noiso or other mtisancc shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants, Without limiting the generality of the foregoing, if any noise or nuisance emanates from any Improvement on any Lot, the Association may (but shall not be obligated to) enter any such Improvement
nts, Without limiting the generality of the foregoing, if any noise or nuisance emanates from any Improvement on any Lot, the Association may (but shall not be obligated to) enter any such Improvement and take such reasonable actions necessary to tenninate such noise (including silencing any bmglar or break-in alarm), 2,08 Animals. Household Pets. No animals, including pigs,. hogs, swine, poultry, fowl, wild animals, homs, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the Propeny. No Owner may keep on such 0'1',1ler's Lot more than four (4) cats and dogs, in the aggregate, not more than two (2) of which may be dogs. No animal shall be aUowed to make an unreasonable amoWlt of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for, or boarded for hire or rernwioration on the Property, and no kennels or breeding operation will be allowed No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refose, insects, and waste at all times, Such enclosed area shall be constructed in accordance with plans approved by the Architectural Control Committee, shall be of rcasortable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property, 2.09 Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to
h the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property, 2.09 Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property any portion thereof unsanitazy, unsightly, offensiYe, or detrimental to any other property or to its occupants. Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be kept within enclosed structures or appropriately scre~ed from view. Each Owner shall contract with an independent disposal service to collect all garbage or other wastes, if such setvice is not provided by a governmental entity or the Association.
2,10 Maintenance. The Owners of each Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep th::ir Lot and all Improvements thereon in good condition end repair end in a well-maintained, safe, clean and attractive condition at all times. The Architectural Control Committee, in its sole discretion, shall determine whether a violation of the maintenance obligations &et forth in thls Section 2,10 has occurred, Such maintenance includes, but is not limfred to the following, which 11ha.U be performed in a timely lIUllltier, as detennined by the Architectural Cootrol Comnrlttee, in its sole discretion: (i) Prompt removal of all litter, trash, refuse, and was~s.
s I 88199•2 0S/12/2004 (ii) Lawn mowing.
(iii) Tree and shrub pruning.
(iv) Watering.
(v) Keeping exterior lighting and mechanical facilities in working order.
(ii) Lawn mowing.
(iii) Tree and shrub pruning.
(iv) Watering.
(v) Keeping exterior lighting and mechanical facilities in working order.
(vi) Keeping lawn and garden areas alive, free of weeds, and attractive.
(vii) Keeping sidewalks and driveways in good repair.
(viii) Complying with all government, health and police requirements.
(ix) Repainting of Improvements.
(x) RJ:pair of exterior damage, and wear and tear to Improvements.
2.11 ST Lanmape Area-Owner's ObllgatiqpJ!) Maintain Lnndscaping. Each Owner will be responsible, at such Owner's sole cost and expense, for mnintaining mowing, replacing. pruning, and irrigating the landscaping between the boundary of such Owner's Lot and the curb of any adjacent public right-of-way, street or alley (the "ST Landscape Are.a") unless the responsibility for maintaining the ST Landscape Area has ~n assumed by the Association in a written instrument recorded in the Official Public Records of Williamson County, Texas. Specifically, and not by way of limitation, each Owner, at such Owner's sole cost aru1 expense, will be required to maintai~ irrigate and replace any trees located within the ST Landscape Arca. No landscaping, including trees, may be removed from or installed within the ST Landscape Area without the advance written consent of the 13oe.rd, The ttets located in the ST Landscape Area are required to be maintn.ined and rnplaccd pms:uant to requirements imposed by the City of Leander on the Property. and et\Ch Owngr will be reqgired to discharge this obligation within such Owner's ST Landsca~ Area. 1n the ovcnr an Owner fails to properly and on a timely basis (both
City of Leander on the Property. and et\Ch Owngr will be reqgired to discharge this obligation within such Owner's ST Landsca~ Area. 1n the ovcnr an Owner fails to properly and on a timely basis (both standards to be determined by the Board in the Board's sole and absolute discretion) mow, replace, prune, and/or irrigate any landscaping, including trees, in such Owner's ST Landscape Area, such failure will constitute a violation of thls Declaration and the Board will causo !;Uch landscaping, iricluding trees, to be mowed, replaced, pruned and/or irrigated in a manner determined by tho Board. in its sole and absolute discretion; provided. however, in any event, the Board will, at a minimlllll, cause the landscaping and trees to be maintained and replaced in accordance with any applicable requirements imposed by the City of Leander. If the Board causes such landscaping, including tress, to be mowed, replaced, pruned and irrigated, the Owner otherwise responsible therefor will be personally liable to the Association for all costs and expenses incurred by the Association for effecting such work. If such Owner fails to pay such cost$ and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demruld until paid at the maximum lawful rate1 or if there is no such maximum lawful rate, at the rate of one and one-half percent (l-l/2%) per month) shall be assessed against e.nd chargeable to the 0\1/Iler's Lot(s). Any such amounts assessed and chargeable against n Lot hereunder shall be secured by the liens resei,;cd in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, inc1uding, bot not limited to, foreclosure of such liens
s resei,;cd in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, inc1uding, bot not limited to, foreclosure of such liens against the Owner's Lot(s). Each such Owner shall indemnify and hold harmless the Association and it~ officers, directors, employees Wld agents from any cost:, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of tbc Association'!! acts or activities under this Section 2.11 (including any cost, loss, damage, expense, liability, claim or cause of t1etion arising out of the Association's negligence in connection therewith), except for suc.h cost, loss, damage, expense, liability, claim or ceuse of action nrising by reason of the Association's gross negllg;nce or willful misconduct.
6 188199-2 0S/12/2004 "Groll& negligence" as used herein does not include simple negligence, connibutory negligence or similar negligence short of actu11l gross negligence.
2.12 Antenna~. Except as expressly provided below, no exterior radio or television antennae or aerial or satellite dish or disc, nor any solar energy system, shall be erected, maintained or placed on a Lot without the prior written appto\'al of the Architectural Control Committee; provided, however, that: (i) an antenna designed to receive direct broadcaJt services, including direcMo-bome satellite services, that is one meter or less in diameter; CJr (ii) an antenna designed to receive video programming services via multipoint distribution sorvices, including multichannel multipoint distribution services, instructional television fixed services,
r (ii) an antenna designed to receive video programming services via multipoint distribution sorvices, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; or (iii) an antenna that is designed to receive television broadcast signals; (collectively, (i) through (iii) are referred to herein as the ''Permitted Antennas") will be permitted 5Ubject to reasonable requirements as to location and screening as may be set fo.rtb m rules adopted by the Architectural Control Committee, consistent with applicable law, in order tQ m.inimize obtrusiveness as viewed from streets and adjacent property. DecJarent and/or the Association will have the right, but not the obligation, to erect au aerial, satellite dish, or other app.cratus for a. master antenna, cable, or other communication system for the benefit of aU or any portion of the Propert)'.
2.13 wation of Permitted Antenna§, A Permitted Antenna may be installed solely on the A Permitted Antenna shall be installed in a location on the Lot from which an acceptable quality signal can be obtained and w~ least visible ftom the street and the Property, other than the Lot. In order of preference, the locations of a Permitted Antenna which will be considered least visible by the Architectural Control Committee are as foUowu: (i) Attached to the back of the principal single-family residence constructed on the Lot, with no part of the Pennitted Antenna any higher than the lowest point of tho roofline and screened from view of adjacent Lots and the street then
cipal single-family residence constructed on the Lot, with no part of the Pennitted Antenna any higher than the lowest point of tho roofline and screened from view of adjacent Lots and the street then (ii) Attached to the side of the principal single-family residence constructed on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street The Axchltectural Control Committee may, from time to time, modify, amend, or supplement the rules regarding installation and placement of Pennittcd Antennas.
Satellite dishes one meter or less In dlamcter, e.,., Dln,ct1V or Dish satellite dishes, are permitted) HOWEV)j;R, you are reqnired to co1:11ply ,nth tbe rules n&ardin& lnstallatian and placement. These rllles and regulation, may be modified by the Architectural Control Committee from time to lime. l>leasc contact the Architectunl Control Comn:ilttce for tile current rules r1:1ardlng in.sblllatlon and pla.ccment.
2,14 filifil. No sign of any kind shall be displayed to the public view on any Lot without the prior wrHten approval of the Architectural Control Committee, except for: 7 IB8i99-2 OS/J212004 JUL. 30. 2004 8: 54AM ---~-------. NO. 0784 P. 12 (i) signs which are part of Declarant's overall marketing or construction plans or activities for the Property and/or Development; (ii) one (1) temporary ''For Sale" or "For Rent" sign placed on the Lot being advertised "For Se.le'' or "For Rent.,, The &ign will be limited to a maximum face area of five (5) square feet on each visible side and, if free standing, is mounted on a single or frame post. The overall height of the sign from finished grade from the spot where the sign is located may not exceed three (3) feet, The sign must
ide and, if free standing, is mounted on a single or frame post. The overall height of the sign from finished grade from the spot where the sign is located may not exceed three (3) feet, The sign must be removed within two (2) business days following the sale or lease of the Lot; (iii) one (1) small security service sign per Lot, provided that the sign has a maximum face area of two (2) square feet and is located no more than five (5) feet from the front elevation of the principal residence constructed upon the Lot; (iv) pennits as may be required by legal proceedings; and (v) pennits as may be required by any governmental entity.
An Owner will be permitted to post a "no soliciting'' sign near or on the front door to the principal residence constructed upon the Lot, provickd, that the sign not c,cceed twenty-five (25) square inches.
2.15 T11nks. The Architectural Control Com.,tlttee must approve any tank used or proposed in connection with a single-funrily residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swim.ming pool filter tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot without the advance written approval of the Architectural Control Committee. All tanks ::hall be screened so as not to be visible from any other portion of the Property.
structure shall be placed upon the Property without the prior 'Written approval of the Architectural Control Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders, and foremen during actual construction may be maintained
ttee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders, and foremen during actual construction may be maintained with the prior approval of Decmrant, approval to include the nature, size, duration, and location of such structure, Notwithstanding any provision in this Declaration to the contrary, an Owner shall be permitted, without Architectmal Control Committee approva~ to erect one (1) outbuilding on the Owner's Lot if: (i) the sucface area of the pad on which the outbuilding is placed is less than or equal to eighty (80) square feet; (ii) the heigbt of the outbuilding, measured from the surface of the Lot to the highest portion of the outbuilding is less than or equal to six (6) feet, (iii) the outbuilding is constructed within an area completely enclosed by a privacy fence of not less than six (6) feet in height; (iv) the exterior of the outbuilding is constructed of the same or substantially similar materials as the exterior of any residence located on the Lot; IUld (v) the outbuil,;ting is constructed within building setback lines set forth on the Plat. The Architectural Control Committee shall be entitled to determine, in its sole and absolute discretion, whether an outbuilding constructed on any Lot compli~ with the foregoing requirements, 2.17 Unsightlv Artlcle11; Vehicles. No article deemed to be unsightly by the Architectural Control Committee shall be permitted to remain on any Lot so as to bo visible from adjoining property or from pi1blic or private thoroughfares, Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters, all-terrain
private thoroughfares, Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters, all-terrain vehicles and garden .mainren1UJcc equipment shall be kept at all times except when in actual use, in enclosed structures or ~recncd from view and no repair ot maintenance work. shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structure!!. Each single family residential structure constructed within the Property shall have sufficient garage space, as approved by the Architectural Control Committee, to house all vehicles to be g 183199-2 05/J 212004 JUL. 30. 2004 8: 55AM NO. 0784 P. 13 kept on the Lot, Lot Owners shall not keep more than two (2) automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventy-two (72) hours. Service areas, storage area:1, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view, No: (i) racing vehicles; or (ii) other vehicles (including, without limitation, motoroyclcs or motor scooters) which are inoperable or do not have a current license tag shall be permitted to remain visible on any Lor or to be parked on any roadway within the Property. No garage may be pennanently enclosed or
) which are inoperable or do not have a current license tag shall be permitted to remain visible on any Lor or to be parked on any roadway within the Property. No garage may be pennanently enclosed or otherwise used for habitation unless approved in advance by the A.Icltltectural Control Committee.
2.18 Mobile Homes, Travel Tgller1 and Becreatfonpl Vehicles. No mobile homes shalt be parked or placed on any Lot or used as a regidcnce, eithel' temporary or ~ent, at any time, and no motor homes, travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or from public or private thoroughfares at any time, 2.19 Basketball Goals; Pwnanent Bll~ Portable. Perma.-icnt basketball goals are permitted between the street right-of-way and the front of the residCJ1ce on a Lot provided the basketball goal is located a minimwn of twenty-five feet (25') from the street curb. The baskotball goal backboard must be petpendlcular to the street and mounted on a black metal pole permanently installed in the ground Portable basketball goals are only allowed in the rear of the Lots and shall not be placed, at any time: (i) in or adjacent to any street or right of way located within the Property; or (ii) between the street right-of way and the front of the residence on any Lot in the Property. Basketball goals must be properly maintained and painted, with the net in good repair. All basketball goals, whether peJ'Dlal'lent or portable, must be approved by the Master Architectural Control Committee prior to being placed on any Lot.
2.20 Compliance with Assoda(iqn Rfftrlctjons. Each Owner his or her farnHy, occupants of a Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with tbc
ny Lot.
2.20 Compliance with Assoda(iqn Rfftrlctjons. Each Owner his or her farnHy, occupants of a Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with tbc provisions of the Association Restrictions as the same may be amended from time to time. Failure to comply with any of the Association Restrictions shall constitute a violation of the Association Restrictions may result in a fine against the Owner in accordance with Section 6. J J of the Mas1cr Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief, or both, maintainable by the Declarant, the Manager, th~ Board on behalf of the Association, the Architectural 0:mtrol Committee, or by an aggrieved Owner. Without limiting any rights or powm of the Association, the Board may (but shall not be obligated to) remedy or attempt to remedy any violation of any of the provisions of Association Restrictions, and the Owner whose violation bas been so remedied shall be personally liable to the Association for all com and expenses of effecting (or attempting to effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the ma:ximum lawful rate, or if there is no such ma.ximum lawful rate, at tiw rat(! of one and one-half percent (1-1/2%) per month) shall bo assessed against and chargeable to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including,
able against a Lot shall be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s), Each such Owner shall indemnify and hold harmless the Association and its officers, directors, employees and agents from any cost, loss, damago, expense, liability, claim or cause of action incurred or that may arise by reason of the Association's acts or activities under this Section 2.20 (including any cost, loss, damage, expense, liability, claim or cause of action arising out of the Association's negligence in connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of action arising by renson of the Association's gross negligence or willful misconduct. "Gross negligence" as used herein does not include simple negligence, contn'butory negligenco ot simHar negligence short of actual gross negligence, 9 J &&199-2 0S/12/2004 If you ran to comply wlth Association Restrictions, includinK tWs D~ltt:iitlon, the Maiter Decluatlon, the Archiw:tural Guidelinu, and any rules adopted by your association, you can be fined or a claim may be pursued ag11JDllt you Jn court. P. 14 2.21 Llabllitv or Owners for Dan,age to COJ9nl.On Atea. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Area wjthout the prior written approval of the Board, Each Owner shall be liable to the Association for any and all damages to: (i) the Common
ify, add to or otherwise perform any work upon the Common Area wjthout the prior written approval of the Board, Each Owner shall be liable to the Association for any and all damages to: (i) the Common Area and any improvements constructed thereon; or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by the Association, which damages were caused by the neglcct 1 misuse or negligtmce of such Owner or Owner's family, or by any tenant or other occupant of such Owner's Lot, or any guest or invitee of such Owner, The full cost of all repairs of such darmge shall be an assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collect.able in the same manner aa Assessments, 2.22 No Warranty of Enforceabilitv, Declarant makes no warranty or representation as to the present or future validity or enforceability of any restrictive covenants, terms, or provisions contained in the Declaration, Any Owner acquiring a Lot in reliance on 0110 or more of such restrictive covenants, terms, or provisions shall asswne all risks of the validity and enfotceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
ARTICLE3 USE AND CONSTRUCTION RESTRICTIONS 3.01 Single-Family Residential,. Use. The Lots shall be used solely for private single family residentW purposes and there shall not be constructed or maintained therebn more than ooe detached single family residence. No professional, business, or commercial activity tQ w:t,jch the general public is invited shall be conducted on any Lot, except an Owner or occupant of a residence may C-Onduct business activities within a residence so long as: (i) the existence or operation of the business activity is not
shall be conducted on any Lot, except an Owner or occupant of a residence may C-Onduct business activities within a residence so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the residence; (ii) the business activity conforms to all zoning requirements for the Property; (iii) the business activity does not involve door-to door solicitation of residents within the Property; (h·) the busine!l.9 does not, in the Boanrs judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles parked Within the Property which is noticeably greater than that which is typical of residences in which no business activity is being conducted; and (v) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Property as may be determined in the sole discretion of the Board. The terms ''business" and "trade", as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any oocupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the pro\'ider's family a:od for which the provider receives a fee, compensatio11i or other fonn of consideration, regardless of whether: (x) such activity is engaged in full or part-time; (y) suob activity in intended to or does generate a profit; or (z) a license is required.
Leasing of a residence shall not be considered a busine$s or trade within the meaning of t.llis
or part-time; (y) suob activity in intended to or does generate a profit; or (z) a license is required.
Leasing of a residence shall not be considered a busine$s or trade within the meaning of t.llis subsection. This S'Ubsection mall not apply to any activity conducted by the Declarant or an OWner engaged in the business of consll"Uoting home.a for resale who acquires a Lot for th~ purpose of constructing a residence thereon for resale to a third party.
3.02 Rentals, Nothln,g in this Oeclaration shall prevent the rental of any Lot and th6 Improvements thereon by the OMler tben:o{ for residential purposes; provided that all re:ntals must be for 10 188199·2 0S/1212O04 terms of at least six (6) months. All Jeases shall be in writing, Notice of any lease, together with such additional infonnation as may be required by the Board, will be remitted to th.e Association by the Owner on or before the expiration often (10) days after the effective date of the lease, Tho Owner must pmvide to its lessee copies of the Restrictions.
3.03 Garages, Unless otherwise approved by the Architectural Control Committee, Garages should be accessed from the rear or side of the Lot if the Lot abuts an alley, In the event of any dispute conceming what constitutes the "tear" and "side" of e Lot, the determination by the Master Architectural Control Committee will be final. Carports must be atmched to the principal resid~nce and must be approved in advance by the Architectural Control Committee.
3.04 Fences; Sidewalks. AJl fences and walls will comply with all applicable governmental
be atmched to the principal resid~nce and must be approved in advance by the Architectural Control Committee.
3.04 Fences; Sidewalks. AJl fences and walls will comply with all applicable governmental ordinances. Unless otherwise approved by the Architectural Control Committee, no fence, wall or hedge will be erected or maintained on any Lot nearer to the street than the front of the residence constructed on the Lot, except for fences erected in conjunction with the model homes or sales offices; and, provided further, no fence shall b~ erected in front of the residence constructed 011 any L-Ot. The Architectural Control Committee will have the sole discretion to determine the fr(mt of the residence for the purpose of this Section 3.04. Fences constructed on comer lots may be installed one {l) foot from the sidewalk and/or curb along the side yard adjacent to the street provided that such fencing complies with applicable governmental ordinances. Unless otherwise approved by the Architectural Control Committee, all perimeter fences will be constructed of #1 grade cedar pickets with treated pine or cedar railings and posts. All such perimeter fences will be six (6) feet in height unless otherwise approved by the Architectural Control Committee. No cbJlin.link, metal cloth or agricultural fences may be installed or maintained on the Lot. Unless otherwise agreed between Lot Owners, side and rear yard fences that separate adjacent Lots will be owned and maintained by the Owner on whose Lot the fence has been mstalJe.d, or jf the location is indetenninate, such fence will be maintained by the Owners of the adjacent Lots with expenses being shared equally, If required by the Plat, the Owner of each L-Ot shaJl construct, at
the location is indetenninate, such fence will be maintained by the Owners of the adjacent Lots with expenses being shared equally, If required by the Plat, the Owner of each L-Ot shaJl construct, at such Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on such Owner's Lot, located and designed in conformance ·with the Plat.
3.05 Dwellin2 Size. The minimum living area (exclusive of open or screened porches, terraces, patios, decks, driveways, and garages) for residences constructed within the Property shall be 1,200 square feet.
3.06 Alteration or Remo-val of Improvements. Any construction, other than normal maintenance, which in any way alters the ext~ior appearance of any bnprovement, or the removal of any Improvement shall be perfonned only wJth the prior written approval of the Architectural Control Committee.
3,07 Masonry, Fa~de Materials. The exterior walls of each residence coru;tructed on a Lot (exclusive of eaves, soffits and facia) will be constructed of at least 75¾ masonry. Brick, stucco, stone, Hanljp)ank and similar concrete based materials shall be considered masonry. Notwithstanding the foregoing provision. the percentage of masonry incorporated into a residence will comply with all applicable governmental ordinances.
3.08 Jr;ash ConWners. Trash containers and recycling biru must be stored in one of the following locations: (i) inside the garage of the single-family residence constructed on the Lot; or (ii) Behind the single-family residence constructed on tho Lot in such a manner that the trash container and recycling bin ii, not visible from any street, alley, or adjacent Lot.
11 18Sl99,2 05/12/2004 Travis Title TR 10.10.46.6°7°.-WM 2004045112.0i"s·-------- ..
i, not visible from any street, alley, or adjacent Lot.
11 18Sl99,2 05/12/2004 Travis Title TR 10.10.46.6°7°.-WM 2004045112.0i"s·-------- ..
The Architectural Control Committee shall have the right to specify additional locations on each Owner's L-Ot in which trash containers or recycling bins rnll.'lt be stored 3.09 Drainage, There shall be no interference with the established drainage patterns over any of the Property, e:itccpt by Declarimt, unless adequate provision is made for proper drainage and such provision is approved by the Architectural Control Committee, 3.10 Construction ActM!i,s, Trus Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declerant) upon any Lot within the Property. Specifically, no such constrUCtion activities shall be deemed to constitute a nuisance or a violation of this Declaration by reas-on of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such constrUction is pursued to completion with reasonable diligen~ and conforms to usual construction practices in the area. In the event that construction upon any Lot does not conform to usual practices in the .area as determined by the Architectural Control Committee in its sole good faith judgment, the AichitecturaJ Control Committee shall have the authority to seek an injunction to stop such construction.
In addition, if during the course of C-Onstruction upon any Lot there is excessive accumulation of debris of any kind whicb. would render the Lot or any portion thereof unsanitary, unsightly, offensive, or
dition, if during the course of C-Onstruction upon any Lot there is excessive accumulation of debris of any kind whicb. would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the Architectural Control Committee may contrac;t for or cause such debris to be removed, and the Owner of the Lot shall be liable for all expenses incurred in connection therewith.
3.11 Roofing. The roof pitch and material incorporated into any roof must be approved in advance by the Architectural Control Committee, ARTICLE4 BENBROOK RANCH HOl\-1EOWNERS ASSOCUTION, INC.
4.01 Of.ianlzation. The Association shall be a nonprofit corporation created for the purposes, charged with the duties, and vcsred with the powers of a Texns nOn·profit corporation, Neither the Articles nor Bylaws sbaJI for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Decla.-ation, 4,02 Membership.
(a) Any person or entity, upon becoming an Owner, shall automatically become a Member of the Association, Membership shall be appurtenant to and shall run -with the ownership of the Lot that qualifies the Owner thereof for membcrsmp, and membership niay not be severed from the ownership of tho Lot, or in any way transferred, pledged, mortgaged or alienated, except together with the title to such Lot.
ltyou acquire II Lot you automatically become ll member or the Alsociadon. Mem)?ership is :\!11ndatorv!
(b) Every Member shall have a right and easement of enjoyment in and to all of the Common Area and an access easement by and through BnY Common Arca, which easements shall be appurtenant to and shall pass with the title to such Member's Lot, subject to the following restrictions and reservations:
d an access easement by and through BnY Common Arca, which easements shall be appurtenant to and shall pass with the title to such Member's Lot, subject to the following restrictions and reservations: (i) The right of the Association to suspend the Member's voting rights and right to use the Common Area for any period during which any Assessment against such 12 188199-2 05/12/2004 JUL. 30. 2004 8: 56AM NO. 0784 P. 17 Member's Lot remairu past due and for any period during which such member is in violation of any provision of this Declaration; (ji) 'The right of the Association to dedicate or transfer all or any part oftbe Common Area to any public agency, authority or utility for such purpose; (iii) The right of the Association to borrow money for the purpose of improving the Common Area and, in furtherance thereof, mortgage the Common Area; (iv) The right of the Association to make reasonable rules and regulations regarding the use of the Common Area and any Improvements thereon; and (v) The right of the Association to contract for services With any third parties on such terms as the Associ11tion may determine.
4.03 Voting Riehts. The right to cast votes and the number of votes which may be cast for election of members to the Board and on all other mntters to be voted on by the Members shall be calculated as follows: (a) The Owner of each Lot shall have one (1) vote for each Lot so owned. In the event of the re-subdivision of any Lot into two or more Lots: (i) the number of votes to which such Lot is entitled shall be increased as necessary to retain the ratio of one (1) vote for each Lot resulting from such re-subdivision, e.g., each Lot resulting from the re-subdivision wiU be entitled to one(])
entitled shall be increased as necessary to retain the ratio of one (1) vote for each Lot resulting from such re-subdivision, e.g., each Lot resulting from the re-subdivision wiU be entitled to one(]) vote; and (ii) each Lot resulting from the re-subdivision will be allocated one (1) Assessment Unit. lJl the event of the consolidation of two (2) oc more Lots for purposes of construction of a single residence thereon, voting rights and Asses.smentg shall continue to be detennined according to the number of original Lots contained in such consolidated Lot. Nothing in this Declaration shall be construed as authorization for any re-subdivision or consolidation of Lots, such actions being subject to the conditions and restrictions of this Declaration.
(b) In addition to the votes to which DeclBiant is entitled by reason of Section 4.03(a), for every one (I) vote outstanding in favor of any other person or entity, Declarant shall have four (4) additional votes until the earlier to occur ot: (i) one hundred and twenty (120) days after Dcclarant has conveyed all Lots to owners other than Declarant; or (ii) twenty (20) years after the date this Declaration is recorded in the Official Public Records of Williamson Com1ty, Texas.
( c) When more than one person or entity owns a portion of the fee simple iDterest in any Lot, all such persons or entities shall be Members. The vote or votes (or :fraction thereof) for such Lot shall be exercised by the person so designated in writing to the Secretary of the Association by the Owner of such Lot, and in no event shall the vote for such Lot exceed the total votes to which such Lot is otherwise entitled under this Section 4.03.
(d) The right of any Owner to vo:e may be suspended by the Association, acting
event shall the vote for such Lot exceed the total votes to which such Lot is otherwise entitled under this Section 4.03.
(d) The right of any Owner to vo:e may be suspended by the Association, acting th.rough the Board, for any period during which any Assessment against !luch owners Lot(s) or remain past due, for any period during which such Owner or such Owners' Lot(s) are in violation of this Declaratiot;t 4.04 Powers. The Association shall hnve the powers of a Texas nonprofit corporation. It shall further have the power to do and perforn1 any and all acts that may be necessary or proper, for or incidental to, the exercise of any of the express powers granted to it by the laws of Texas or this Declaration. Without in any way limiting the genonlity of the two preceding sentences, the Board, acting on behalf of the Association, shall have the following powers at all times: 13 !88199-1 OS/1212004 (a) Ruics and Bylaws. To make, establish and promulgate, and in its discretion to amend from timo to time, or repeal and re-enact, such rules, regulations, and Byla'\l/5 not in conflict with this Declaratio11i a.s it deems proper, covering any and all aspects of the Property (including the operation, mamteoance and preservation thereof) or the Association.
I When you acquire• Lot, you will be required to comply with the terms of this Declaration, I the Design Guidellnes, and apy rules and tegub.tions adopted by the Board. Yes, there arc lots of ruJt;,J (b) Insurance. To obtain and maintain in effect, policies of insurance that, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association's functions.
(c) Records. To keep books and records of the .Association's affam, and to make
nce that, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association's functions.
(c) Records. To keep books and records of the .Association's affam, and to make such books and records, together with current copies of the Restrictions available for inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon request during normal business hours.
(d) Assessments. To levy and collect assessments, and to detewlnc Assessment Units, as provided in Article 5 below.
(e} llight of Entry and Enforoemept. To enter at any tittle without notice in e.n emergency (or in the case of a non~rnergency, after twenty-four (24) hours written notice), without being liable to any Owner, upon llilY Lot and into any Improvement thereon for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement or other facility to conf onn to this Declaration. The eitpense incurred by the Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon or therein shall be a personal obligation of the Owner of the Lot Unit so entered, shall be deemed a special Assessment against such Lot, shall be secured by II lfon upon such Lot for Assessmiznts. The Association shall have the power and authority from time to time, in its own nmne and on its own behalf: or in the namo of and on behalf of any Owner who COJJSents thereto, to commence and lnllints.in actions and suits to enforce, by mandatory injunction or otheiwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the
n, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Restrictions: provided, however, that the Board shall never be authori7..ed to expend any Association funds for the pUipuse of bringing suit against Dec1arnnt, or their successors or assigns. The Association may not alter or demolish any Improvements on any Lot other than Common Area in enforcing this Declaration before a judicial order authorizing such action has been obtained by the Association, or before the written consent of the Owner(s) of the affected Lot(s) has been obtained.
EACH SUCH OWNER SHALL INDEMNIFY AND HOLD HARMLESS TIIE ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM Al°VY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUS:E OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S ACTS OR ACI1VITIES UNDER THIS SECTION 4.04(E) (lNCLUDING ANY COST, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISlNG OUT OF THE ASSOCIATION'S NEGLIGENCE IN CONNECTION TliEREWITH}, EXCEPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILI1Y, CLAIM OR CAUSE OF ACTION ARISING BY REASON OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
"GROSS NEGLIGENCE,, DOES NOT INCLUDE SIMPLE NEGUGE..~CE, CONTRIBUTORY NEGLIGENCE OR SL"l\1ILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
14 [ 138199-2 05/12/2004 JUL. 30. 2004 8: 56AM NO. 0784 P. 19 (f) I&pl and Ac.counting Servic~. To retltin and pa.y for legal and accounting services necessary or proper in the operation of the Association.
(g) Conveyances. To grant and convey to any person or entity the: real property
Servic~. To retltin and pa.y for legal and accounting services necessary or proper in the operation of the Association.
(g) Conveyances. To grant and convey to any person or entity the: real property and/or other interest, including fee title, leasehold estates, easements, rights-of-way or mortgages, out of, in, on, over, or under any Common Area for the putpose of constructing, erecting, operating or mnintaining the following; (i) Parks, parkways or other recreational facilities or structures; (ii) Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and paths; (iii) Lines, cables, wires, conduits, pipelines or other devices for utility purposes; (iv) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; i111d/or (v) Ar.y similar improvements or facilities.
Nothing set forth above, however, shall be construed to permit use or occupancy of any Improvement or other facility in a way that would violate applicable use and occupancy restrictions imposed by the Restrictions or by any governmental authority.
(b) Manager, To retain and pay for the services of a person or firm (the "Manager} to man~ge and operate the Association, including its property, to the CA-tent deemed advisable by the Board. Additional personnel may be employed directly by the Association or may be furnished by the Manager, To the extent permitted by law, the Board may delegate any other duties, powers and functions to the Manager, THE ME.MBERS HEREBY RELEASE THE ASSOCIATION AND THE MEMBERS OF THE BOARD FROM LIABILITY FOR ANY OMISSION OR IMPROPER EXERCISE BY THE M'.ANAGER OF ANY SUCH DUTY, POWER OR FUNCTION SO l>ELEGA TED.
(i) PfOJ2ertY Seryjces. To pay for water, sewer, garbage removal. street lights,
OM LIABILITY FOR ANY OMISSION OR IMPROPER EXERCISE BY THE M'.ANAGER OF ANY SUCH DUTY, POWER OR FUNCTION SO l>ELEGA TED.
(i) PfOJ2ertY Seryjces. To pay for water, sewer, garbage removal. street lights, landscaping, gardening and all other utilities, services and maintenance for the Property, including but not limited to its recreational facilities, to maintain end repair recreational facilities, easements, roads, roadways, rights-of.ways, signs, parks, parkways, median strips, sidewalks, paths, trails, ponds, lakes located within the Property, and to maintain and repair other portions of tho Property.
G) Other Services and Properties. To obtain and pay for any other property end services, and to pay any other taxes or assessments that the Association or the Board is required or pennitted to secure or to pay for pun;iumt to applicable law (lncluding the Texas Non-Profit Coq,oration Act) or under the terms of the Restrictio.us or os determined by the Board.
(k) Construction on As!!ociation Property, To construct new Improvements or additions to nny property owned, leased, or licensed by the Association, irubject to the approval of the Arohitectural Control Committee, (I) Ccntracts. To enter into Bulk Rate Contracts or other contracts with Declarant ami other persons on such terms and provisions as the Bolll'd shall determine, to op1m1.te and maintain any Common Area, or other property, or to provide any service, including but not limited to cuble, utilit)'t or t~lecommunication services, or perfonn any function on behalf of Dcdarant, the Board, the Association or the Members.
15 188199-2 05/12/2004 Travis Title TR 10.10,46,67 WM 2004045112,019 JUL. 30. 2004 8: 56AM NO. 0784 P. 20
ociation or the Members.
15 188199-2 05/12/2004 Travis Title TR 10.10,46,67 WM 2004045112,019 JUL. 30. 2004 8: 56AM NO. 0784 P. 20 (rn) Property OWpership. To acquire, own and dispose of all manner of real and personal property, including habitat, whether by grant, lease, easement, gift or otherwise.
(n) Mt:mbership Privileges. To establish rules and regulations governing and J.imiting the use of the Common Area and any Improvements thereon.
4,05 Indel!lniflcation. To the fullest extent permitted by applicable law but without duplication (and subject to) any rights or benefits arisillg under the Articles or Bylaws of the Association, the Association shall indemnify any person who was, or is, a party, or is threatened to be made a party to any threatened pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he is, or wns, a director, officer, committee member, employee, servant or agent of the Association against expenses, including attorneys' fees, reasonably incurred by him in connection with such action, suit or proceeding if it is found and detormioed by the Bo&rd or a Court that he (l) acted in good fuith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the Association, or (2) with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by settlerne:o.t, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faitb or in a manner which was reasonably believed to be in, or not
t, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faitb or in a manner which was reasonably believed to be in, or not opposed to, the best interests of the Association or, with respect to any criminal action or proceeding, h.ul reasonable cause to believe that his conduct was unlawful.
4.06 Insurance. Tho Board may purcha9e and maintain, at the expense of the Association, insurance on bwlf of any person who is acting as a director, officer, committee member, employee, servant or a.gent of the Association against any liability asserted against him or incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability or otherwise.
4.07 Control bv Decl11t11nt. Notwithstanding anything to the contrary, Declarant, or its successors or assigns, shall have the absolute right to appoint members of the Board and their successors unlil the earlier to oocur of: (i) one hundred and twenty (l 20) days aft~ Declarant has conveyed all of the Lots which may be created out of the Property to owners ocher than Declarant; or (ii) twenty (20) years after the date this Declaration is recorded in the Official Public Records of Williamson County, Texas.
Declarant, at its option, may assign or delegate, in whole or in part, its rights and powers to the Association, the Board or any other entity provided such de&ignatlon is in writing.
4.08 Bulk Rate C,!!!Jtracts. The Association shall have the power to enter into Bulk Rate Contracts at any time and from time to time. The Association may enter into Bulk Rate Contracts with
writing.
4.08 Bulk Rate C,!!!Jtracts. The Association shall have the power to enter into Bulk Rate Contracts at any time and from time to time. The Association may enter into Bulk Rate Contracts with any service providers chosen by the Boani (including Dcclai:ant, and/or any entities in which Declarant, or the owners or partners ofDcclarant are owners or participants, directly or indirectly), The Bulk Rate Contracts may be entered into on such team and provisions as the Board may detennine in its sole and absolute discretion. The Association may, at its option and election add the charges payable by such Owner under such Bulle Rnte Contract to the Assessments against such Owner's Lot. In this regard, it is agreed and understood that, if any Owner fails to pay any charges due by such O\lrner under the terms of any Bulle Rate Contract, then the Association shall be entitled to collect such charges by exercising the same rights and remedies it would be entitled to exercise und~ tbit Declaration with respect to the failure by such Owner to pay Assessments, including without limitation the right to foreclose the lien against such Owner's Lot which is reserved under the terms and i1rovisions of this Declaration, In addition. in the evect of nonpayment by any Owner of any charges due under any Bulk Rate Contrzict and after the lapse of at leust twelve (12) days since such charges were due, the Association may, upon five (5) days' prior written notice to such Owner (which may run concurrently with s-uch 12 day period), in addition to aU other rights and remedies available at law, equity or otherwise. terminate, in such manner as the Board deems appropriate, any utility service or other service provided at the cost of the Association and not paid 16 188199-2 OS/1212004
at law, equity or otherwise. terminate, in such manner as the Board deems appropriate, any utility service or other service provided at the cost of the Association and not paid 16 188199-2 OS/1212004 JUL. 30. 2004 8: 57AM NO. 0784 P. 21 for by such Owner (or the occupant of such Owner's Lot) directly to the applicable service or utility provider. Such notice shall consist of a separate mailing or hand delivery at least five (5) days prlor to a stated date of termination, with the title "termination notice'' or similar language prominently displayed on the notice. The notice shall include the office or street address where the Owner (or the occupant of such Owner's Lot) can make arrangements for payment of the bill and for rc~ection or re-institution of service No utility or cable television service shall be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services.
ARTICLES INSURANCE 5.01 Insurance.. Each Owner shall be required to purchase and maintain commerciaUy standard insurance on the Improvements located upon such Owner's Lot The Association shall not be required to maintain insurance on the Improvements constructed upon any Lot. The Association may, however, obtain such insurance as it rnay deem necessary, including but not limited to guch policies of liabnity and property damage insurance as the Board, in its discretion, may deem necessary. Insurance premiums for such policies shall be a common expense to be included in the assessments levied by the Association. The acquisition of insurance by the Association shall_ be without prejudice to the right and obligation of any Owner to obtain additional individual insurance.
ARE YOU COVERED?
ied by the Association. The acquisition of insurance by the Association shall_ be without prejudice to the right and obligation of any Owner to obtain additional individual insurance.
ARE YOU COVERED?
The ~ociatioa will not provide insurance which covers an Owners Lot, or any Im rovements or rsonBl; ro rt located on a Lot.
5.02 Restoration. In the event of any fire or other casualty, the Owner shall promptly repair, restore and replace any damaged or destroyed structures to their same exterior condition existing prior to the damage or destruction thereof. Such repair, restoration or replacement shall be commenced and completed in a good and workmanlike manner using exterior materials identical to those originally used in the struciures damaged or destroyed To the extent that the Owner fails to commence ruch repair, restoration or replacement of substantial or total damage or destruction within one hundred and twenty (120) days after the occurrence of such damage or destruction, and thereafter prosecute same to completion., or if the Owner does not clean up any debris resultlng from any damage within thirty (30) days after the occwrence of such dwnage, the Association may commenco, complete or effect such repair, restoration, replacement or clean-up, and such Owner shall be personally liable to the Association for the cost of such work; provided, however, that if the Owner is prohibited or delayed by law, regulation or administrative or public body or tribunal from commencing such repair, restoration, replacement or clean up, the tights of the Association under this provision shall not arise until the expiration of thirty (30) days after such prohibition or delay is removed, If the Owner fails to pay such cost upon demand by the
ghts of the Association under this provision shall not arise until the expiration of thirty (30) days after such prohibition or delay is removed, If the Owner fails to pay such cost upon demand by the Association, the cost thereof (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, than at the rate of one and one-half percent (1 ½%) per month shall be added to the Assessment chargeable to the Owner's Lot. Any such amounts added to the Assessments chargeable against a Lot shall be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in thls Declaration for the collection of Assessments, including_ but not limited to, foreclosure of such liens against the Owner's Lot. EACH OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LlABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF TIIE ASSOCL\TION'S ACTS OR ACTlVlTIES Wi'DER TIDS SECTION S.02, EXCEPT FOR SUCH COST, LOSS, DA.~1AGE, EXPENSE, LIABILITY, CLAIM OR COST OF ACTION ARISING BY REASON OF THE ASSOClA TION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. "Gn.OSS NEGLIGENCE:" AS USED HEimIN DOES NOT 17 I g9199.2 05/12/2004 JUL. 30. 2004 8: 57AM ~--------- ..... NO. 0784 P. 22 INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
5,03 Meclui.nic,2 ru!.!! Materia1men's Lien. Each Owner whose structure is repaired, restored, replaced or cleaned up by the Association pursuant to the rights granted under this Article 4,
EGLIGENCE.
5,03 Meclui.nic,2 ru!.!! Materia1men's Lien. Each Owner whose structure is repaired, restored, replaced or cleaned up by the Association pursuant to the rights granted under this Article 4, hereby grants to the Association an express mechanic's and materialmen's lien for the reasonable cost of such repair, restoration, or replacement of the damaged or destroyed Improvement to the extent that the cost of such repair, restoration or replacement exceeds any insurance proceeds allocable to such repair, restoration or replacement and delivered to the Association. Upon request by the Board, and before the coI11ltlenccment of any ~construction, repair, restoration or replacement, such Owner shall execute all documents sufficient to effectuate such mechanic's and materialmon's lien in favor of the Association.
6.01 Assessments. ARTICLE6 COVENA.i"'IT FOR ASSESSMENTS (a) Assessments established by the Board pursuant to the provisions ofthis Article 6 shall be levied against each Lot in amounts detonni.ned pursuant to Section 6.06 below, The total amo\mt of Assessments shall be determined by the Board pursuant to Section 6.03, 6.04 and/or 6.05.
(b) Each Assessment together with such interest thereon and costs of collection as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment is levied and shall be secured by a lien hereby granted and conveyed by the Declara.nt to the Association against each such Lot and a!l Improvement~ thereon (such lien, with respect to any Lot not in existence on the date hereof, shall be deemed granted and conveyed at the time that such Lot is created). The Association may enforce payment of such Assessmont'l in accordance with the provisions oft.his Article.
the date hereof, shall be deemed granted and conveyed at the time that such Lot is created). The Association may enforce payment of such Assessmont'l in accordance with the provisions oft.his Article.
(o) Declarant may, but is not obligated, to reduce Assessments which would otherwise be levied against Lots for any fiscal year by the payment of a subsidy to the Association.
Any subsidy paid to the Association by the Declarant may be ueated as a contribution or a loan, in t~ Deolarant's sole and absolute discretion. Any subsidy and the characterization thereof will be disclosed as a line item in the annual budget prepared by the Board and attributable to such Assessments, The payment of a subsidy in any given year will not obligate the Declarant to continue payment of a subsidy to the Association in future years, 6,02 Maintenance Fung, The Board shall establish a maintenance fun<l into which shall be deposited all monies paid to the Association and from which disbursements shall be made in perf onning the functions of the Association 1.mder this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.
6,03 Regular Annual Assessments. Prior to the beginning of each figca( year, the Board shall estimate the expenses to be incurred by the Association during such year in perfonning its functions and exercising its powers under thls Declaration, including, but not limited to, the cost of all IIlBllagement, repair and .malntenance of Common Area, the cost ot administering and enforcing the covenants and resttictions contained herein, and shall estimate tho amount needed to maintain a reasonable provision for
ir and .malntenance of Common Area, the cost ot administering and enforcing the covenants and resttictions contained herein, and shall estimate tho amount needed to maintain a reasonable provision for contingencies and an appropriate replacement reserve, and shall give duo consideration to any expected expenses shall then be levied at the level of Asse!jg!Jlcntg set by the Board in its sole and absolute 18 188199-2 05/12/2004 JUL. 30. 2004 8:57AM NO. 0784 P. 23 discretion, and the Board's determination shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner, AIJ such regular Assessments shall ~ due and payable 1o the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments 011 or before the first day of each month. or in such other manner as the Soard may designate in its sole and absolute discretion.
6.04 Service Area Assesmrent9. Prior to the beginning of each flscal year, the Board will prepare a separate budget for each Service Area reflecting the estimated Servico Aiea Expenses to be incurred by the Association in the coming year. The total amount of estimated Service Area Expenses for each Service Area shall be allocated equally among all Lots in the benefited Service Area nnd will be levied as a Service Area Assessment. All amounts that the Association collects as Service Area
for each Service Area shall be allocated equally among all Lots in the benefited Service Area nnd will be levied as a Service Area Assessment. All amounts that the Association collects as Service Area Assessments shall be held in trust for and expended solely for the benefit of the Senrice Area for which they were collected and shall be accounted for separately from the Association's generill funds.
6.05 Special Assessment§, In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board's opinion such special Assessments are necessary to enable the Board to catry out the functions of the Association under this Declaration, The amount of any special Assessments shall be at the reasonable discretion of the Board. In addition to tho special Assessments authorized above, the Association may, in any fiscal year, levy a special Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Connnon Area.
Any special Assessment levied by the Association for the purpose of defraying, in whole or in part, costs of any construction, reconslnlction, repair or replacement of capital improvement upon the Common Area shall be levied against all Owners based on Assessment Units.
6.06 Amount of Assessment.
(a) The Board shall levy Assessments against each "Assessment Unit" (as defined in Section 6.06(b) below). Unless otherwise provided in this Declaration, Assessments levied pursuant to Section 6.03 and Seclfon 6.05 shall be levied uniformly against each Assessment Unit. Service Area Assessmonts levied purniant to Section 6.04 will bo levied uniformly against each Assessment
suant to Section 6.03 and Seclfon 6.05 shall be levied uniformly against each Assessment Unit. Service Area Assessmonts levied purniant to Section 6.04 will bo levied uniformly against each Assessment Unit which has been included in the Service Area to which such Service Area Assessment relates.
(b) Each Lot shall constitute one "Assessment Unit".
(c) Notwithstanding anything in this Declaration to tho contrary, no Assessments shall be levied upon Lot,, owned by Declarant.
(d) The Declarant may, in its sole discretion, elect to: (i) exempt any UD·platted or unimproved portion of the Property, or Lot from Assessments; or (ii) dolay the levy of Assessments against any un-platted 1 unimproved or improved portion of the Property or Lot.
6.07 !,ate Chyges. If any Assessment, whether regular or specia~ is not paid by the due date applicable thereto, the Owner responsible for the payment !lllly be required by the Board, at the Board's election at any time and from time to time, to pay a late charge in such amount as the Board may designate, and the late charge (and any reasonable handling costs) shall be a charge upon the Lot owned by such Owner, collectible in the manner as provided fot collection of Assessments, including foreclosure of the Jie11 against such Lot; provided, however, such charge shall never exceed the maximum charge permitted under applicable law.
19 JUL. 30. 2004 8: 58AM NO. 0784 P. 2 4 provided for herein shall be the personal and individual debt of the Owner of the Lot against which are levied such Assessments. No Owner may exempt himself from liability for such Assessments. ln the
provided for herein shall be the personal and individual debt of the Owner of the Lot against which are levied such Assessments. No Owner may exempt himself from liability for such Assessments. ln the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest on the amount of the Assessment at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from the due date therefor ( or if there is no such highest rate, then at the rate of 1 and 1/2% per month), together with all costs and expenses of collection, including reasonable attorneys fees.
6.09 Assessment Lien an!.!_ Forei:losure. The payment of all sums assessed in the manner provided in this Article is, together with late charges as provided in Section 6.07 and interest a.9 provided in Section 6.08 hereof and all costs of collection, including artomey's fees as herein provided, secured by the continuing Assessment lien granted to the Association pursuant ta Section 6.0l{b) above, and shall bind each Lot in the hand9 of the Owner thereof, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against such Lot, except only for tax liens and a.11 sums secured by a first mortgage lien or first deed of trust lien of record, to the extent SU!:h lien secures sums borrowed for the acquisition or improvement of the Lot in question, provided such Mortgage was recorded in the Official Public Records of Williamson County, Texas before the delinquent Assessment was due. The Assodation shall have the power to subordinate the aforesaid Assessment lien to any other Hen, Such power shall be entirely discretionary
on County, Texas before the delinquent Assessment was due. The Assodation shall have the power to subordinate the aforesaid Assessment lien to any other Hen, Such power shall be entirely discretionary with the Board, and such subordination may be signed by an officer of the Association. The Association may, at its option and without prejudice to the prlority or enforceability of the Assessment lien granted here11nder, prepare a written notice of Assessment lien setting fonh the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice may be signed by one of the officers of the Association and shall be recorded in the Official Public Records of Williamson County, Texas, Each Owner, by accepting a deed or ownership interest to a Lot it subject to this Declaration shall be deemed conclusively to have granted a power of sale to the Association to secure and enforce the Assessment lien granted hereunder, Such lien for payment of Assessments may be enforced by the non-judicial foreclosure of the defaulting Owner's Lot by the Association in like manner as a real property mortgage with power of sale under Tex, Pro. Code § 51,002.
(For such purpose, Robert D. Burton of Travis County, Texas, is hereby designated as trustee for the benefit of the Association, with the Association retaining the power to remove any trustee wlth or without cause and to appoint a successor trustee without the consent or joinder of any other pen;on) The Assessment liens and rights to foreclosure thereof shall be in addition to and not in substitution of any other rights and remedies the Association may have by law and under this Declaration, including the
sment liens and rights to foreclosure thereof shall be in addition to and not in substitution of any other rights and remedies the Association may have by law and under this Declaration, including the rights of the Association to instituti: suit against such Owner personally obligated to pay the Assessment fl!ldlor for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or non-judicial, such Owner shall be required to pay the costs, expenses and reasonable attorney's fees inCWTcd, The Association shall have the power to bid {in cash or by credit against the amount secured by the lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request-of any Mongagee, the Association shall report to said Mortgagee any unpaid Assessments remaining unpaid for longer than thirty (30) days after tho same are due. The lien h~undcr shall not be affected by the sale or transfer of any Lot; except, however, that in the event of foreclosure of any first-lien Mortgage securing fodebtedness 1ncurred to acquire such Lot, the lien for any Assessments that were due lllld payable before the foreclosure sale will be extinguished.
provided that past-due Assessments shall be paid out of the proceeds of such foreclosure sale only to the extent that funds arc available after the satisfaction of the indebteWJess secured by the first lien Mortgage.
The provisions of the preceding sentence will not, however, relieve any subsequent Owner (including any Mortgagee or other purchaser at a foreclosure sale) from paying Assessments becoming due and payable after the foreclosure sale, Upon payment of all sums secured by a lien of the type described in this
ortgagee or other purchaser at a foreclosure sale) from paying Assessments becoming due and payable after the foreclosure sale, Upon payment of all sums secured by a lien of the type described in this Section 6.09, the Association shall upon the request of the Owner execute a release of lien relating to eny lien for which written notice has been filed as provided above, except in circumstances in which ~ 20 JUL. 30. 2004 8: 58AM NO. 0 784 P. 25 Association has already foreclosed such lien. Such release shall be signed by an officer of tbe Association. In addition to the lien hereby retained, in the event of nonpayment by any Owner of any Assessment and after the lapse of at least twelve (12) days since such payment was due, the Association may, upon five (5) days' pdor written notice (which may run concurrently with such 12 day period) to such Owner, in addition to all other rights and remedies available at Jaw, equity or otherwise, terminate, in such manner as the Board deems appropriate, any utility or cable service provided through the Association and not paid for directly by a Owner -0r occupant to the utility provjder. Such notice shall consist of a separate mailing or hand delivery at least five (5) days prior to a stated date of disconnection, with the title ''termination notice" or similar language prominently displayed on the notice. The notice shall include the office or street address where the Owner or the Owner's tenant can make arrangements for payment of the bill and for reconnection of serYice. Utility or cable service shall not be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of coUection
of the bill and for reconnection of serYice. Utility or cable service shall not be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of coUection and reconnecting such services. Except as otherwise provided by applicable law, the sale or transfer of n Lot wilI not relieve the Owner of such Lot or such Owner's transferee from liability for any Assessments thereafter becomiug due or from tho lien associated therewith. If e.n Owner conveys its Lot and on the date of such conveyance Assessments against the Lot remain unpaid, or said Owner owes other sums or fees under this Declaration to the Association, the Owner shall pay such amounts to the Association out of the sales price of the Lot, and such rums shall be paid in preference to any other charges against the Lot other than a first lien Mortgage or Assessment Liens end charges in favor of the State of Texas or a political subdivision thereof for taxes on the Lot which are due and unpaid, The Own~ conveying such Lot shall remain personally liable for all such sums until the same are fully paid, regardless of whether the transferee of tho Lot also assumeB the obligation to pay such amounts. The Board may adopt an administrative transfer fee to cover the administrative expenses associated with updating the Association's records upon the transfer of a Lot to a third party; provided, however, that no administrative transfer fee will be due upon the transfer of a lot from Declarant to a third party, Yes, the ~!()clatlon ca11 foreclose on yoµr LoU If you fnll to pay ussessmellt, to the As5ociatlon, you may lose title to your Lot if the AS5od11tlo11 forecloses its Bs.teisment lien.
6.10 ~i:enrnt Property. The following area within the Property shall be ex:empt from the
smellt, to the As5ociatlon, you may lose title to your Lot if the AS5od11tlo11 forecloses its Bs.teisment lien.
6.10 ~i:enrnt Property. The following area within the Property shall be ex:empt from the Assessments provided for in this Anicle: (n) All area dedicated and accepted by public authority, by the recordation of an appropriate dooumcnt in the Official Records of Williamson County, Texas; (b) The Common Area; and { c) Any portion of the Property owned by the Dcclarant.
6.11 Fines and Damages As!lessment. The Board may assess fines against an Owner for violations of any Restrictions which have been committed by an Owner, an occupant of the Owner's Lot, or the Owner or occupant's family, guests, employees, contractors, agents or invitees, Any fine and/or charge for damage levied in accordance with this Section 6.11 shaU be considered an Assessment pursuant to this Declaration. Each day of violation may be considered a separate violntion if the violation continues after written notice to the Owner. The Board may assess damage charges against an Owner for pecuniary loss to the Association from property damage or destruction of Common Area or any facilities located by the Owner or the Owner's fanuly, guests, agents, occUpaDts, or tenants. The Manager shall have authority to send notices to alleged viola.tors, informing them of their violations and asking them to comply with the rules and/or informing them of potential or probable fines or damago assessments, The Board may from time to time adopt a schedule of fines.
21 188199-2 OS/1212004 JUL. 30. 2004 8: 58AM NO. 0784 P. 2 6 The procedure for assessment of fines and damage charges shall be as follows:
fines.
21 188199-2 OS/1212004 JUL. 30. 2004 8: 58AM NO. 0784 P. 2 6 The procedure for assessment of fines and damage charges shall be as follows: (a) the Association, acting through an officer, Board member or Manager, must give the Owner notice of the fine or damage charge not later thllII thirty (30) days after the assessment of the fine or damage charge by the Board; (b) the notice of the fine or damage charge must describe the violation or da.'1lage; (c) the notice of the fine or damage charge must state the amount of the fine or damage charge; (30) days from the date of the notice to request a bearing before the Board to contest the fine or damage charge; and ( e) the notice of a fine must allow the Owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the Owner was given notice and a reasonable opportwtlty to cure a. similar violation within the preceding six (6) months.
Fine end/or damage charges are due immediately after the expiration of the thirty (30) day period for requesting a hearing. If a hearing is requested, such fines or damage charges shall be due irnme<liately after the Board's decision at such hearing, assuming that a fine or damage charge of some amount is confirmed by the Board at such hearing.
The payment of each fine and/or damage charge levied by the Board against the Owner of a Lot i~, together with interest as provided in Section 6.08 hereof and all costs of collection, including attorney's fee!l as herein provided, secured by the lien granted to the ASBociation porsuant to Section
together with interest as provided in Section 6.08 hereof and all costs of collection, including attorney's fee!l as herein provided, secured by the lien granted to the ASBociation porsuant to Section 6.0l(b) of this Declaration. Unless otherwise provided in this Section 6.1 I, the fine and/or damage charge shall be considered an Assessment for the pur-posc of this Article, and shall be enf orccd in accordance with the terms and provisions governing the enforcement of assessments pursuant to th.is Ar:icle 6.
ARTICLE7 ARCHITECTURAL CONTROL COMMITTEE Declarant has a substantial interest in ensuring that improvements within the Property maintain and enhance Declarant's reputation as a community developer and do not impair Declarant's abi1ity to market and sell all or any portion of tho Property. Uniil Declararlt has delegated its right to appoint and remove all members of the Architectural Control Committees to the Board as provided in Section 7.02(a) below, the Architectural Control Committee shall be acting solely in Declarant's interest and shall owe no ~ to any other Owner or the Assodation.
7.01 9!,i;istruction or Improvemenl.'i, No Improvement may be erected, placed, consnucted, painted, altered, modified or remodeled on MY Lot, and no Lot may be rt,-subdivided or consolidated with other Lots or Property, by anyone other than the Declarant without the prior written approval of the Architectural Control Committee.
7.02 Architectural Control Commigee, (a) Comwsition. 'The Architectural Control Committee shall be composed of not more than five (5) persons (who need not be Members or Owners) appointed as provided below, who shall review Improvements proposed to be made by any Owner other than Declarant. Declarant sh.all
of not more than five (5) persons (who need not be Members or Owners) appointed as provided below, who shall review Improvements proposed to be made by any Owner other than Declarant. Declarant sh.all have the right to appoint and remove (with or without cause) all member!! oftbe Arc.mtectural Control 22 188199-2 OS/l.212O04 JUL. 30. 2004 8: 58AM NO. 0784 P. 27 Committee. Declarant may delegate this right to the Board by written instrument, and thereafter, the Board shall have the right to appoint and remove all members of the Architectural Control Committee.
Declarant, at its option, may create and assign specific duties and responsibilities to ono or more sub committees consisting of members and/or nonmembers of the Architectural Control Committee. In the event responsibilities and duties are assigned to a rub-committee, thoso r~sponsibilities and duties &hall no longer be discharged by the Architectural Control Committee unless the sub-committee exercising such duties and responsibilities is dissolved by the Declarant. The right to create, dissolve, and appoint mmnbers of such sub-committees shall reside exclusively with the Declara.nt until such time as Declarant has delegated its right to appoint members of the Architectural Control Committee to the Board. The Architectural Control Committee shall have the right to employ consultants and advisors as it deems necessary or appropriate. Improvements constructed by the Declarant, or any assignee of Declarant's rights, noed not be approved in advance by the Architectural Control Committee or any sub-committee thereof.
(b) Submission and Approya) of Plans and Sn~ifications. Construction plans and
Declarant's rights, noed not be approved in advance by the Architectural Control Committee or any sub-committee thereof.
(b) Submission and Approya) of Plans and Sn~ifications. Construction plans and specifications or, when an Owner desires solely to re-subdivide or consolidate Lots, a proposal for such re-subdivision or consolidation shall be submined in accordance with the Design Guidelines or any additional rules adopted by the Architectural Control Committee together with any review fee which is imposed by the Architectural Control Committee in accordance with SecJion 7.02(c) to the Architectural Control Committee at the offices of Declarant designated in 'Writing from time to time.
No re-subdivision or consolidation shall be made, nor any lmprovement placed or allowed on any Lot until the plans nnd specifications for the proposed structure or Improvement have been approved in writing by a majority of the members of the Architectural Control Committee. The Architectnral Control Committee may, in reviewing such plans and specifications consider any infonnation that it deems proper; including, without limitation, any permits, environmental impact statements or percolation tests that may be required by the Architectural Control Committee or any other entity; and harmony of external design and location in relation to surrounding structures, topography, vegetation, and finished grade elevation, The Architectural Control Committee may postpone its review of any plans and specifications submitted for approval pending receipt of any infonnation or material which the Architectural Control Committee, in its sole discretion, may require. The Architectural Control Committee may refuse to approve plans nnd specifications for proposed Improvements, or for the
which the Architectural Control Committee, in its sole discretion, may require. The Architectural Control Committee may refuse to approve plans nnd specifications for proposed Improvements, or for the re-subdivision or consolidation of any Lot on any grounds that, in the sole and absolute discretion of the Architectural Control Committee, are deemed sufficient, including, but not limited to, purely aesthetic grounds.
(c) Architectural Guidelines. The Architectural Control Committee, or any sub made by a sub-committee shall only apply to the Improvements under the jurisdiction of such sub committee) shall have the power, from time to time, to amend, modify, or supplement the Design Guidelines. In the event of any conflict between the tcnns and provisions of the Design Guidelines and the terms and provisions of this Declaration, the terms and provisions of this Declaration shall control, In addition, the Architectural Control Committee shall have the power and authority to impose a feo for the review of plans, specifications and other documents and information submitted to it pursuant to the terms of this Declaration. Such charges shall be held by the Architectural Control Committee and used to defray the administrative expenses incw-red by the Architectural Control Committee in perfonning its duties hereunder: pro\'idecl, however, that any excess funds held by the Architectural Control Committee shall bo clistributed to the Association at the end of each calendar year. The Architectural Control Committee shall not be required to review any plans W1til a complete submittal package, 8.!I required by thls Declaration and the Design Guidelines, is assembled and
ar year. The Architectural Control Committee shall not be required to review any plans W1til a complete submittal package, 8.!I required by thls Declaration and the Design Guidelines, is assembled and submitted to the Architectural Control Committee, The Architectural Contivl CQmmittee shall have the authority to ndopt suoh adclitiono.1 procedural and substantive rules and guidelines (including, without limitation, the imposition of any requirements for certificates of compliance or completion 23 188199-2. 05/1212004 relating to any Improvement), not in conflict with this Declaration, as it may deem necessary or appropriate in connection with the performanco of its duties hereunder.
(d) Actions of the Architectural Control Committee. The Architectural Control Committee may, by resolution unanimously adopted in writing, designate one cir two of its members, or on agent acting on its behalf, to take any action or perform any duties for and on behalf of the Architectural Control Committe~, except the granting of variances. In lhe absence of such designation, the vote of a majority of all of the members of the Architectutal Control Committee taken at a duly constituted meeting shall constirute an act of the Architectural Control Committee, (e) Fai!ure to Act. In the event that any plans and specifications are submitted to the Architectural Control Committee a.s provided herein, and the Architectural Control Committee shall fail either to approve or reject such plans and specifications for a period of nbety (90) days following su~h submission, no approval by the Architectural Control Committee shall bo required, and approval
either to approve or reject such plans and specifications for a period of nbety (90) days following su~h submission, no approval by the Architectural Control Committee shall bo required, and approval of such plans and specifications shall be presumed; provided, however, that such ninety (90) day period shall not begin to run until all infounation required to be submitted by the Architectural Control Committee to assist in its review of any plans or specifications has been received by the Architectural Control Committee, Any failure of the Architectural Control Committee: to act upon a request for a variance shall not be deemed a consent to Stu;h variance, and the Architectural Control Committee's written opproval of all requests for variances shnll be expressly required.
(f) Variances. The Architectural Control Committee may grant variances from compliance with any of the provisions of this Declaration, including, but not limited to, restrictions upon height, size, shape, floor areas, land area, placement of structures, set-backs, building envelopes, colors, materials, or land use, when, in the opinion of the Archite¢tural Control Committee, in its sole and absolute discretion, such variance is justifie<I due to visual or aesthetic considerations or unusual circumstance9, All variances must be evidenced in writing and must be signed by at least a majority of the members of the Architectural Control Colllillittee. Plans and specifioations which have been approved by the Architectural Control Committee without conditions or exceptions and which reflect deviations from this Declaration shall constitute o writing for the purpose of the foregoing sentence. If a variance is granted, no violation of the covenants, conditioru, or restrictions contained in this
tions from this Declaration shall constitute o writing for the purpose of the foregoing sentence. If a variance is granted, no violation of the covenants, conditioru, or restrictions contained in this Declaration or any supplemental declaration shal1 bo deemed to have occurred with respect to the matter for which the variance was granted, The granting of such variance shall not operate to waive or amend any of the terms and provisions of this Declaration, or any supplemental declaration, for any purpose except as to the particular property and in the particular instnnco covered by the variance, and such variance shall not be considered to establish a precedent for any future waiver, modification, or amendment of the terms and provisions oft bis Dedaration.
(g) D\lration of Approval. The approval of the Arclntectural Control Committee of any plans and specifications, whether by action or inaction, and any variances granted by the Architectural Control Committee shall be valid for a period of one hundred and twenty (120) days only. If construction in accordance with such plans and specifications or variance is not commenced within such one hundred and twenty (120) day period and diligently prosecuted to completion thereafter, the Owner shall be required to resubmit such plans and specifications or request for a variance to the Architectural Control Committee, and the Architectural Control Committee shall have the authority to re-evaluate such plans and specificatiorui in accordance with this Sec1ion 7, 02(g) and may, in addition. consider any change in circumstances which may have occurred since the time of the original approval.
(h) No \Vaiyer of Future Approvals. The approval of the Arcltitectural Control
d may, in addition. consider any change in circumstances which may have occurred since the time of the original approval.
(h) No \Vaiyer of Future Approvals. The approval of the Arcltitectural Control Committee to any plans or specifications for any work done or proposed in connection with any matter requiring the approval or consent of the Architectural Control Committee sruill not be deemed 24 188199-2 05112'2004 JUL. 30. 2004 8: 59AM NO. 0784 P. 29· to constitute a waiver of any right to withhold approval or consent as to any plans illld specifications on any other matter, subsequently or additionally submitted for approval by the same or a different person, nor shall such approval or consent be deemed to establish a precedent for future approvals by the Archltectura.l Control Committee.
(i) Non-Liability of Committee Members, Neither the Architectural Control Cotnlnittee, nor any member shall be liable to any Owner or to any other person for any loss, damage or injury arising out of the performance of the Architectural Control Committee's duties under this Declaration, unless such loss, damage, or injUiy is due to the willful misconduct or bad fahh of the Architectural Control Committ" or one or more of its members, as the case may be.
ARTICLES MORTGAGE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors offirst Mortgages on Lots within the Property, The provisions of this Article apply to the Declaration and the Bylaws of the Association.
8.01 Notice of Action. An institutional holder, inrncet, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder,
.01 Notice of Action. An institutional holder, inrncet, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, "Eligible Mortgage Holdi:f'), will be entitled to timely written notice of: · (a) Any condemnation loss or any casualty loss which affects a material portion of the Property or which affects any Lot on which there is an Eligible Mortgage held, in6'Ured, or guaranteed by such Eligible Mortgage Holder; or (b) Any delinquency in the payment of assessments or charges owed for a Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has continued for a period of sixty (60) days, or any other violation of the Restrictions relating to such Lot or the Owner or occupant which is not cured within sixty (60) days; or (c) Any lo.pse, cancellation, or material modification of any insurance policy maintained by the Association; or (d) Any proposed action which would require the consent of a specified percentage ofEligible Mortgage Holders.
8.02 Examin!tion of Bookll. The Association shall permit Mortgag~s to examine the books and records of the As.5ociation during normal business hours.
8.03 Taxes, A95essments and Charges, All taxes, assessments and charges that may become liens prior to first lien mortgages under applicable law shall relate only to the individual Lots and not to any other portion of the Property.
ARTICLE9 GENERAL PROVISlONS 9.01 Term. The terms, covenants, conditions, restrictions, easements, charges, and liens set out in this Declaration shall run with and bind the portion of the Property described in such notice, and
S 9.01 Term. The terms, covenants, conditions, restrictions, easements, charges, and liens set out in this Declaration shall run with and bind the portion of the Property described in such notice, and shall inure to the benefit of and be enforceable by the Association, and every Owner, including Declarant, and their respectivo lagal representatives, heirs, successors, and assigns, for a tenn beginning on the date 25 188199-2 OSI J 2/2004 Travis Title TR 10.10.46.67. WM 2004045112.029- -JUL. 30. 2004 8: 59AM · NO. 0784 P. 30 this Declaration is recorded in the Official Records of Williamson County, Texas, and continuing through and including January l, 2051, after which time tllls Declaration shall be automatically extended for successive periods of ten (10) years unless a change (the word "change" meaning a termination, or change of tmn or renewal term) is approved in 11 resolution adopted by Members entitled to cast at least seventy percent (70¾) of the total nwnber of votes of the Association, voting in person or by proxy at a meeting days in advance and shall set forth the purpose of such meeting; provided, however, that such change shall be affective only upon the recording of a certified copy of such reEmlution in the Official Public Records of Williamson County, Texas. Notwithstanding any provision in this Secrlon 9.01 to the contracy, if any provision of this Declaration would be unlawful, Yoid, or voidable by reason of any Texas law restricting tho period of time that covenants on land may be enforced, such provision shall expire (twenty one) 21 years after the death or the last survivor of the now living descendants of Elizabeth TI, Queen of England.
of time that covenants on land may be enforced, such provision shall expire (twenty one) 21 years after the death or the last survivor of the now living descendants of Elizabeth TI, Queen of England.
9.02 Eminent Domain. In tllc event it shall become necessary for any public authority to acquire all or any part of the Common Area for any public purpose during the period this Declaration is in effect, the Board is hereby authorized to negotiate with such public authority for such acquisition and to execute instruments necessary for that purpose. Should acquisitions by eminent domain become necessary, only the Board need be made a party, and in any event the proceeds received shall be held by the Association for the benefit of the Owners. In the event any proceeds attributable to acquisition of Common Area are paid to Owners, such payments shall be allocated on the basis of Assessment Units and paid jointly to the Owners and the holders of first Mortgages or deeds of trust on the respective Lot, 9,03 Amendment. This Declaration may be amended or terminated by the recording in the Official Public Records of Williamson County, Texas, of an instrument executed and acknowledged by: (i) Declarnnt acting alone; or (ii) by tho president and socrcuuy of the AssociatiOll setting forth the amendment and certifying that such amendment has been approved by Declarant (unless Declarant has relinquished such right by written instrument recorded in the Official Public Records of Williamson County, Texas) and Members entitled to cast at least seventy ~cent (70%) of the number of votes entitled to be lrl!St by members of the Association. No amendment shaU be effective without the written
County, Texas) and Members entitled to cast at least seventy ~cent (70%) of the number of votes entitled to be lrl!St by members of the Association. No amendment shaU be effective without the written consent of Declarant, its successof'.3 or assigns, Specific..uly, and not by way of limitB.tion, Declarant may unilaterally amend this Declaration: (a) to bring any provision into compliance with any applicable governmental Stll.tute, rule, regulation, or judicial detennination; (b) to enable any reputable title imurance company to issue title insurance coverage on any Lot; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or guarantee mortgage loans on Lots; or (d) to comply with any requirements promulgated by a local, smte or governmental agency, includfog. for example, the .Department of Housing and Urban Developmenl 9.04 Roadway and Utllity Ess.eroentt. Declarant reserves the right to locate, relocate, construct, erect, and maintain or caUBe to be located. relocated, constructed, erectetl, and maintained in and on any streets maintained by the Association, or areas conveyed to the Association, or areas reserved or held as Common Area, roadways, sewer lines, water lines, electrical lines and conduits, and other pipelines, conduits, wires, and any public utility function beneath or above the surface of the ground with the right of acceS.'i to the same at any time for the purposes of repait and maintenance.
9,05 Enforcement, The Association or the Declarant shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, te$Crvations, liens, charges and
ance.
9,05 Enforcement, The Association or the Declarant shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, te$Crvations, liens, charges and other terms now or hereafter imposed by the provisions of this Declaration. Failure to enforce any right, provision, covenant, or condition granted by this Declaration shall not constitute a waiver of the right to enforce such right, provisio11i covenants or condition in the future.
26 188199.2 0S/12/2004 JUL. 30. 2004 9: 00AM NO. 0784 P. 31.
9.06 Higher AntborttI, The terms nnd provisions of this Declaration are subordinate to federal and state law, and local ordinances. Generally, the ternui and provisions of this Declaration are enforceable to the extent they do not violate or conflict with local, state, or federal law or ordinance.
NOTICE Users of thls Declaration and the Desi~ Guidelines should periodically review stlltutes and 9.07 Sevet:,ability. If any provision of this Declaration is held to be invalid by any court of competent jwisdiction, such invalidity shall not affect the validity of any other provision of this Declaration, or, to the extent pennittcd by applicable law, the validity of such provision as applied to any other person or e.ntity.
9.08 Conflicts, If there is any conflict between the provisions of this Declara~on, the Articles of Incorporation, the Bylaws, or any rules and regulations adopted pursuant to the terms of such documents, the provisions of thi9 Declaration shall govern.
9.09 Gender. Whenever the context shall so iequire, all words herein in the male gender shall
ulations adopted pursuant to the terms of such documents, the provisions of thi9 Declaration shall govern.
9.09 Gender. Whenever the context shall so iequire, all words herein in the male gender shall be deemed to include the female or neuter gender, all singular words shall include the plural, and all plural words shall include the singular.
9.10 Acceptance by Grantees. Each grantee of Declarant of a Lot, or other real property interest in the Property, by the acceptance of a deed of conveyance, or each subsequent purchaser, accepts the same subject to all terms, restrictions, conditions, coverumts, reservations, easements, liens and charge9, and the jurisdiction rights and powers created or reserved by this Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of every cbnracter hereby granted, created, reserved or declared. All impositions and obligations hereby imposed shall constitute covenants nmning with the land within the Property, and shall bind any person having at any time any interest or est.ate in tho Property, and shall inure to the benefit of each Ov.ner in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of C-Onveyance, 9.11 Damage and De5trnction.
(a) Promptly after damage or destruction by fire or other casualty to all or any part of the Common Area covered by insurance, the Board, or its duly authorized agent, shall proceccl with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair of the damage. Repair, as used in this Section 9.11 (a), means repairing ot restoring the Common Area to substantially the same condition a6 existed prior to the fire or other casualty.
cost of repair of the damage. Repair, as used in this Section 9.11 (a), means repairing ot restoring the Common Area to substantially the same condition a6 existed prior to the fire or other casualty.
(b) Any damage to or destruction of the Common Area shall be repaired unless a majority of the Board shall decide witbin sixty (60) days after the casualty not to repair. If for any reason either the am01mt of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of tlie cost of repair, or both, are not made available to the Association within said period, then the period shall be extended until such information shaU be made available.
(c) hi tbe event that it should be determined by the Board that the damage or destruction of the Common Arca shaU not be repaired and no alternative Improvements are authorii:ed, then the affocted portion of the CoJ11n1on Area shall be restored to its natural state and maintained as an undeveloped portion of the Common Area by the Association in a neat and attractive condition.
27 l 88199-2 05/1212004 JUL. 30. 2004 9: 00.~M NO. 0784 P. 32 (d) If insurance proceeds are paid to restore or repair any damaged or destroyed Common Area, and such proceeds are not sufficient to defray the cost of such repair or restoration, tho Board &hall levy a special Assessment, as provided in Article 6, against all Owners. Additional Assessments may be made in like manner at any time during or following the completion of any repair.
(e) In the event that any proc~ of insurance policies a.re paid to Owners as a result of any damage or destruction to any Common Arca, such ps.ymen1s shall be allocated based on
pletion of any repair.
(e) In the event that any proc~ of insurance policies a.re paid to Owners as a result of any damage or destruction to any Common Arca, such ps.ymen1s shall be allocated based on Assessment Units and paid jointly to the Owners and the holders of first Mortgages or deeds of trust on their Lots.
(f) In the event that any proceeds of insurance policies arc paid to Owners, such payments shall be allocated based on Assessment Units and shall be paid jointly to the Owners and the holders of first Mortgages or deeds of trust on thoir L-Ots.
9.12 No Partition. Except as may be permitted in this Declaration or amendments thereto, no physical partition of the Common Area or any part shall be permitted, nor shall any person acquiring any interest in the Property or any part seek any such judicial partition unless the Property in question has been removed from the provisions of thfa Declaration pursuant to Section 11. 04 below. This Section 9. 12 shall not be construed to prohibit the Board from acquiring and disposing of tangible personal property or from acquiring title to real property that may or may not be subject to this Declaration.
9,13 ~-Any notice pennitted or required to be given to any person by this Declaration shall be in ,.,,Ti ting and may be delivered eithe.t personally or by mail. If delivery is made by ma.ii, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Association.
ARTICLE JO EASEMENTS
y such person to the Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Association.
ARTICLE JO EASEMENTS 10.01 Right 9f Ingress and Egress. Dcclarant, its agents and employees, shall have a right of ingress and egress over and the right of access to the Cotnmon Area to the extent nece,.9sary lo use the Common Aree and the right to such other temporary uses of the Common Area as may be required or reasonably desirable (as determined by Declarant in its sole discretion) in connection with the construction and development of the Property.
10.02 lteserved Easements. All dedica.tions1 limitations, restrictions and reservations shown on any Plat and all grants and dedications of casements, rigbts-of,v.1ly, restrictiorus and related rights made by Deelanmt prior to the Property becoming subj~t to thii Declaration are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth hefein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant, Dcclarant reserves the right to relocate, make chatiges in, and additions to said casements, rights-of-way, dedications, limitations, reservntions and grants for the purpose of most efficiently and economically developing the Property.
l 0,03 Utility Easemen~. Declatallt hflI'ehy reserves unto jtself and Declarant's successors and assigns a peipetual non-exclusive easement over and atross the Propi:rty for: (i) the instalh1tion, operation and mainterum~ of utilities and associated infrastructu?e to serve tho Property and any other property
ipetual non-exclusive easement over and atross the Propi:rty for: (i) the instalh1tion, operation and mainterum~ of utilities and associated infrastructu?e to serve tho Property and any other property owned by Declarant; (ii) the installation, operation and maintenance of cable lines and associated infrastructure for sending and J'CCOiving data and/or other clcctmnic signals, security and similar services 28 Travis T!tle TR 10.10.46.67 WM 2004D45112.032 JUL. 30. 2004 9:00AM NO. 0784 P. 33 to serve the Property and any other property owned by Declarant; and (iii) the installation, operation and maintenance of, walkwaYB, pathways and trails, drafoage systems, street lights and sign?.ge to serve the Property and any other property owned by Declarant. Declar11nt shall be entitled to unilaterally assign the casements reserved hereunder to any third party who owns, operates or maintains the facilities and impmvements described in (i) through (iii) of thi9 Section J 0.03. The exercise of the easement rescived herein shall not extend to permitting entry into any residence, nor shall it unreasonably interfere with the use of any Lot or residence or Improvement constnictcd thereon.
10.04 lliclannt as Attorney In If.Jct, To secure and facilitate Declarant's exercise of the rights reserved by Declarnnt pursuant to the tonns and provisions of thi.'I Declaration, each Owner, by accepting a deed to a Lot and each Mortgagee, by accepting the benefits of a Mortgage against a Lot, and any other third party by acceptance of the benefits of a mortgage, deed of tru~ mechanic's lien contract, mechanic's lien claim, vendor's lien and/or any other security interest against any Lot, shall thereby be
hird party by acceptance of the benefits of a mortgage, deed of tru~ mechanic's lien contract, mechanic's lien claim, vendor's lien and/or any other security interest against any Lot, shall thereby be deemed to have appointed Declara.nt such Owner's, Mortgagee's, and third party's irrevocable attorney in.fact, with full power of substitution, to do and perfonn, each and every act permitted or required to be performed by Declarnnt pursuant to the terms of this Declaration. The power thereby vested in Declarant as attorney-in-fact for each Owner, Mortgagee and/or third party, shall be deemed, conclusively, to be coupled with an int~est and shall survive the dissolution, termination, insolvency, bankruptcy, incompetency and death of an Owner, Mortgagee and/or third party and shall be binding upon the legal representatives, administmtors, executors, successors, heirs and assigns of each such party.
ARTJCLE11 DEVELOPMENT RJGHTS 11.01 Development bv Dedarant, It is contemplated that the Property will be developed pursuant to a coordinated plan, which may, from time to time, be amended or moclified. Declarant reserves the right, but shall not be obligated, to create and/or designate Lots, Common Areas and to subdivido with respect to any of the Property pursuant to the tenns of this Section 11.01, subject to any Hrnitations imposed on portions of the Property by any applicable Plat As each area is developed or dedicated, D~larant may record one or more supplemental declarations and designate the use, classification, modify or amend the restrictions and covenants set forth in this Declaration, and/or promulgate such additional covenants, conditions and restrictions as Declarant llUiY deem appropriate for
fication, modify or amend the restrictions and covenants set forth in this Declaration, and/or promulgate such additional covenants, conditions and restrictions as Declarant llUiY deem appropriate for that area. Any supplemental declaration may provide its own procedure for the amendment of any provisions. Al) lands, Improvements, and uses in each area so developed shall be subject to both this Declaration and the supplemental declaration, if any, fer the affected area of the Property, contrary, at all times, Dect.arant shall have the right and privilege; (i) to erect and maintain advertising signs (illuminated or non-illuminated), sales flags, othor sales devices and banners for the purpose of aiding the sale of Lots in the Property; (ii) to nui.intain Improvements upon Lota as salos, model, management, business and construction offices; and (iii) to maintain and locate construction trailers and construction tools and equipment within the Property. The comtruction placement or maintenance of Improvements by Declarant shall not be considered a nuisance, and Declarant hereby reserves the right and privilege for itself to conduct 1he activities enumerated in this Section 11 .02 until one hundred and twenty ( 120) days after Declarant has conveyed all Lots which may be created out of the Property to owners other than Dcclarant 11.03 Addition of Land, Declarant may, at any time and from time to time, add additional lands to the Property and, upon the filing ofa notice ofaddition of land, roch land shall be considered pan of the Property for purposes of this Declaration, and such added lands shall bo considered part of the
he Property and, upon the filing ofa notice ofaddition of land, roch land shall be considered pan of the Property for purposes of this Declaration, and such added lands shall bo considered part of the Property subject to this DQclaration and the terms, covenants, conditions, restrictions and obligations set forth in this Declaration, as modified or amended by any rupplemental declaration filed for the odded 29 JUL. 30. 2004 9: OOAM ~O. 0784 P. 34 lend, and the rights, privileges, duties and liabilities of the persons subject to this Declaration shall be the same with respect to such added land as with respect to the lands originally covered by this Declaration.
To add lands to the Property, Declarant shall be required only to record in the Official Public Records of Williamson County, Texas, a notico of addition of land contirining the following provisions: (a) A referertcc to this Declaration, which reference shall state the volumo and initial page number of the Official Public Records of Williamson County, Texas wherein this Declaration is recorded; (b) A statement that such land shall be considered Property for purposes of this Declaration, all of tbc tenns, covenants, conditions, restrictions and obligations of this Declaration shall apply to the add::d land, as modified or amended by any supplemente.l declaration filed for tr.c addedland;and ( c) A legal description of the added land.
U.04 WJ.thdrawal of Land. Declarant m~y, at any time and from time to time, reduce or withdraw from the Property, and remove and exclude from the burden of this Declaration and the jurisdiction of the Association: (i) any portiolUl of the Property which have not been included io a Plar; (ii)
aw from the Property, and remove and exclude from the burden of this Declaration and the jurisdiction of the Association: (i) any portiolUl of the Property which have not been included io a Plar; (ii) any portion of the Property included in a Plot if Peels.rant owns all Lots described in such Plat: and (iii) any portions of the Property included in a Plat even if Declarant does not own all Lot(s) described in such Plat, provided that Declarllllt oblains the written consent of all other Owners of Lot(s) described in such !'lat. Upon any .such withdrawal and renewal this Declaration and the covenants conditions, restrictions and obligations set forth herein sh.ail no longer apply to the portion of the Property withdrawn. To withdraw lands from the Property hereunder, Dcclarant shall be required only to record in the Official Public Records of Williamson County, Texas, a notice of withdrawal of land containing the following provisions: (a) A reference to this Declaration, which reference shall state the volume and initial page number of the Official Public Records of Williamson County wherein this Declaration is recorded: (b) A statement that the provisions of this Declaration shall no longer apply to the withdrawn land; and (c) A legal description of the withdrawn land.
ARTICLEll DISPUTE RESOLUTION 12.0l Ap:eement to Encourage ResohHion of Disputes Without !ldgation.
(a) Declaran~ the Association and its officers, directors, and committee members, all parties subject to this Declaration (collectively, the "Bound P!lrties"), agree that it is in the best interest of all concerned to encourage the amicable resolution of clisputcs hivolving the Property without the emotional and financial costs oflitigation. Accordingly, each Bound Party agrees not to file suit in any
concerned to encourage the amicable resolution of clisputcs hivolving the Property without the emotional and financial costs oflitigation. Accordingly, each Bound Party agrees not to file suit in any court with respect to a Claim descnoed in subsection (b), unless and Wltil it has ftrst submitted such Claim to the alternative dispute resolution procedures set forth in Section J 2.02 in a good faith effort to resolve such Clillm.
(b) As used in dris Article, the tenn "Clllim" shall refer to any claim, griovance or dispute arising out of or relatfag to: 30 188199-2 05112/2004 JUL. 30. 2004 9:01AM ~m. 0784 P. 3 5 (i) the interpretation, application, or enforcement of the Restrictions; or (ii) the rights, obligations, and duties of any Bound Party under the Restrictions; or (Hi) the design or construction of improvemenu; within the Property, other than matters of aesthetic judgment under Article 7, which shall not be subject to review.
The following shall not be considered ''Claims" unless all panies to the matter otherwise agree to submit the matter to the procedures set forth in Section 12,02: (i) Owner; and (ii) any suit by the Association to obtain a temporary restraining order (or emergency equitable relief) and such ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of th.is Declaration; end (iii) any suit which does not include Decla.rant or the .Association as a party, if such suit asserts a Claim which would constitute a c.ause of action independent of the Declaration, any Restrictions; and (Iv) any suit in which any indispensable party is not a Bound Party; and (v) any suit as to which any applicable statute of limitations would expire within one
f the Declaration, any Restrictions; and (Iv) any suit in which any indispensable party is not a Bound Party; and (v) any suit as to which any applicable statute of limitations would expire within one hundred and eighty (180) days of giving the Notice required by Section 12.02 (a), unless the party or parties against whom the Clwm is made ngree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article.
12.02 Dispute Resolution Procedures.
(a) Notice. The Bound Party asserting a Claim ("Claimant") against another Bound Party ("Respondent") shall give written notice to each Respondent and to the Board stating plainly and concisely: (i) the nature of the Claim, including the Persons involved and the Respondentos role in the Claim; and (ii) the legal basis of the Claim (Le,, the specific authority out of which tho Claim arisos); and (iii) the Claimant's proposed resolution or remedy; and (iv) the Claimant's desire to meet with the Respondent to discuss in good faith ways to resolve the Claim, (b) N~tiation. The Claimant and Respondent shall make every reasonable effort to rneet in person and confer fot the purpose of resolving, the Claim by good faith negotiation. If r~quc:ited in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the partier; in negotiating a resolution of the Claim.
31 !88! 99-2 OSll2fl004 (c) Mediation. If the parties have not resolved the Claim through negotiation within thirty (30) days of the date of the notice described in Section l2.02(a) (or within such other period as
0784 P. 36 (c) Mediation. If the parties have not resolved the Claim through negotiation within thirty (30) days of the date of the notice described in Section l2.02(a) (or within such other period as the parties may agree upon), the Claimant shall have thiny (30) additional days to submit the Claim to mediation with an entity desi8Jl8.ted by the Association {if the Association is not a party to the Claim) or to an independent agency providing dispute resolution servie¢s in Travis County, Texas.
If the Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation when scheduled, the Claimant shall be deemed to have waived the Claim, and rhe Respondent shall be relieved of any and all liability to the Claimant (but not third parties) on account of such Claim, lf the Parties do not settle the Claim. within thirty (30) days after submission of the matter to mediation, or within such time as determined reasonable by the mediator, the mediator shall issue e. notice of tennination of the mediation proceedings indicating that the parties are at an impasse and the ciate that mediation was terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative proceedings on the Claim, as appropriate.
Each Party shall bee.r its own costs of the mediation, including Elttorneys fees, and each Party shall share equally all fees charged by the rnc.diator.
(d) Settlement. Any settlement of the Claim through negotiation or mediation shall be documented in writing and signed by the parties. If any party thereafter fails to abide by the tenns of such agreement, then any other party may file suit or initiate administrative proceedings to enforce
mented in writing and signed by the parties. If any party thereafter fails to abide by the tenns of such agreement, then any other party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in this Section. In such event, the party taking action to enforce the agreement or award shall, upon prevailing, be entitled to recover from the non-compl)'mg party ( or if more than one noncomplying party, from all such parties in equal proportions) all costs incurred in enforcing such agreement or award, including, without limitation, attorneys' fees and court costs.
12.03 lnitiatlon of Lltlgation by t\JBOdatfog, In addition to compliance with the foregoing alternotive dispute resolution procedures, ff applicable, the Al;sociation shall not initiate any judicial or administrative proceeding unless first approved by a vote of th~ MemberS entitled to ca.st seventy-five percent (75%) of the votes in the Association, excluding the votes held by the Declarant, except that no such approval shall be required for actions or pr-0ceedings: (a) initiated while Declarant owns any portion of the Property; or (b) initiated to enforce the provisions of the Restrictions, including collection of assessments and foreclosure of liens; or (c) initiated to challenge advalorem taxation or condemnation proceedings; or (d) initiated against any contractor, vendor, or supplier of goods or services arising out of a contract for services or supplies; or (e) to defend claims filed against the Association or to assert counterclaims in proceedings instituted against it, This Sei;tion shall not be amended unless such amendment is approved by the same percentage of
end claims filed against the Association or to assert counterclaims in proceedings instituted against it, This Sei;tion shall not be amended unless such amendment is approved by the same percentage of votes necessary to institute proceedings except any such amendment shall ilio be approved by the Decla.rant for so long as Declarant owns any portion of the Property.
32 18819.9·2 05/11/2004 EXECUTED to be effective on the date this instrument is recorded in the Official Public Records of Williamson County, Texas.
ACKNOWLEDGED AND AGREED: CAPITAL PACIFIC HOLDINGS, LLC, a Delaware limited liability company DECLARANT; By: By: Capita.I Pacific Holding, Inc., a Delaware corporation, Managing Mctnber By: Clark omes, Inc., a Texas corporation, t BENBROOK RANCH HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation Title: President ST ATE OF TEXAS § § COUNTY OF TRA VlS § Properties, Ltd.1 a Texas limited parmership, on behalf of said co pany and limited partnershi · STATE OF TEXAS COUNTY OF TRAVIS § § JUL. 30. 2004 9: 01AM .... NO. Oi84 P. 38 . ' This instrunlent was acknowledged before me on ~/JL: & .Jc/$ 2004, by Curtis Da'lidson, President of Clark Wi!Son Homes, Inc., a Texas corporation, authorized agent for Capital Pacific Holdings, Inc., a Delaware corporation, Managing Member of Capital Pacific Holdings, LLC, a Delaware limited liability t:ompany, on behalf o sai entities.
-""''w,l','lfflll11J,,1,,
for Capital Pacific Holdings, Inc., a Delaware corporation, Managing Member of Capital Pacific Holdings, LLC, a Delaware limited liability t:ompany, on behalf o sai entities.
-""''w,l','lfflll11J,,1,, non-profit corporation, on behalf of said corporation.
34 188199--2 0511212004 188199-2 OS/1212004 EXHIBIT "A" DESCIUPTIO~ OF rB-.OPERIX NO. Oi84 P. 39 JUL.30.2004 9:0iAM NO. 0784 P. 40 EXHmIT "A" DESCRIPTION OF PROfERTY l. All lots within Benbrook Ranch, Section One, Phase One, a subdivision located in Williamson County, Texas, accordini to the map or plat recorded as Cabinet W, Slides 295 through 299 Officia! Public Records of Wilfi.aI11son County, Texas.
2. All lots within Benbrook Ranch, Sec:ion One, Phase Two, a subdivMon located in Williamson County, Texas, according to tho map or plat recorded as Cabinet Y, Slides 345 through 349 Official Public Reeords of Williamson County, Texas.
FILED ANO RECORDED OFFIClAL PlIBLlC RECORDS 2004045112 tMRlU.O $~.00 u11.1.r~OH COUNTY, lEXAS 18970~-l 06!01/2004 Travis Title TR