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Birdsong Community Association · 6 pages
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69 69 697 5 THE STATE OF TEXAS COUNTY OF TARRANT DECLARATION OF COVENANT AND DEED RESTRICTIONS py Know all men by these presents M.M.D.A. Partnership, LTD. ("DECLARANT") is owner in fee simple of certain real property consisting of approximately 4.86 acres located in Tarrant County, Texas. Being more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "PROPERTY" or the "ADDITION").

Declarant hereby covenants and agrees that Declarant, and its Successors and Assigns, shall develop the property, with the following deed restrictions, to wit: (1) Distribution circuit lines (as defined by TU. Electric) gas, cable T.V. and telephone lines shall be installed underground. Distribution feeder lines (as defined by T.U.

Electric) and all existing lines not associated with development of property may remain above ground. Distribution circuit lines are lines rated at 125 amps or less, distribution feeder lines are lines rated at 126 amps or more.

(2) Minimum of 2500 square t of total air conditioned living area of main residential structures as measured to the outside of the exterior walls, but exclusive of open porches, garages, patios and detached accessory buildings.

(3) Each residence shall have a detached or attached garage suitable for parking not less than two (2) or more than three (3) standard size automobiles which conforms in design and materials with the main structure.

no (4) Any vehiculapaccess door or opening of any garage shall face perpendicular to the platted front yard setback line.

(5) No railroad tie or wood timber retaining walls shall be visible from public street.

(6) Minimum lot size refer to Exhibit "A".

THIS DOI (7) Minimum lot width of 100 feet, except for cul-de-sacs. Cul-de-sac lots shall be a

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od timber retaining walls shall be visible from public street.

(6) Minimum lot size refer to Exhibit "A".

THIS DOI (7) Minimum lot width of 100 feet, except for cul-de-sacs. Cul-de-sac lots shall be a minimum of 80 feet wide at the 35 foot building line. Refer to Exhibit "A".

4 4 1 +2074096612132 0414 1 1 (8) The total exterior vertical wall area of each dwelling exclusive of doors and windows shall be at least 75% brick, masonry, or stone.

(9) A structural masonry brick screening wall shall extend across the entire south side of the property adjacent to Hall Johnson Road. This wall shall match the Greenbriar Estates screening wall in height and color of brick.

(10) The developer shall file with Tarrant County the "covenants, conditions and restrictions" to establish a Homeowner's Association for the Birdsong Subdivision prior to final acceptance of Subdivision by the City of Grapevine .

Upon a written request being submitted by the Declarant to the City's Director of Development Services, the City of Grapevine agrees to confirm in writing whether the property has been developed in compliance with the above-stated restrictions.

These restrictions shall not be altered, amended or terminated without a public hearing before the City Planning and Zoning Commission and the City Council of the City of Grapevine. Notice of such public hearings shall be given as would be required by law for a zoning change on the property. The City Manager or Designee, through authorization by majority vote of City Council of the City of Grapevine, Texas and M.M.D.A. Partnership, LTD., Successors of Assigns, must sign the document to be filed in the Deed of Records of Tarrant County, Texas, approving the amendment or termination of this Declaration of Covenant and Deed

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ership, LTD., Successors of Assigns, must sign the document to be filed in the Deed of Records of Tarrant County, Texas, approving the amendment or termination of this Declaration of Covenant and Deed Restrictions.

These restrictions contained herein are not in any manner intended to restrict the right of City Council of the City of Shapevine to exercise its legislative duties and powers insofar as zoning of property is concerned , nor are they intended to restrict the right of the Declarant to additional restrictions on the property as long as the additional restrictions do not contradict this Declaration of Covenant and Deed Restrictions. These Covenants are perpetual unless canceled or modified by mutual agreement of the parties.

These restrictions inure to benefit the City of Grapevine, and the City of Grapevine-does hereby reserve the right to prosecute, at law and equity, against the person violating or attempting to violate such restrictions , either to prevent him from so doing or to correct such violation and for further remedy, the City of Grapevine may withhold the certificate of occupancy necessary for the lawful use of the property until such restrictions described herein are fully complied with.

These restrictions are hereby declared covenants running with the land and shall be fully binding upon all persons acquiring property within the tract described in Exhibit "A", and any person by acceptance of the title to any of the property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants.

5 69696) I-V 21 12071 0967" 12132 0415 6 STATE OF TEXAS July 1995.

EXECUTED on this the 13th day of M.M.D.A. Partnership, LTD.

By: Ali Pirouz Chief Operating Officer COUNTY OF Jarrant py Adós

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DEEDRES.PA 21 12071 0967" 12132 0415 6 STATE OF TEXAS July 1995.

EXECUTED on this the 13th day of M.M.D.A. Partnership, LTD.

By: Ali Pirouz Chief Operating Officer COUNTY OF Jarrant py Adós This instrument was acknowledged before me on the day of Lily, 1995, by Ali Pirouz, Chief Operating Officer of M.M.D.A. Partnership, LTD. a Texas corporation, on behalf of said corporation.

Дели Notary Public Signature EXECUTED on this the Hallace TERESA. WALLACE Loch Notary Public STATE OF TEXAS Comm. Exp. 11/08/96 day of July The City of Grapevine, Texas) offic COUNTY OF Grrant Jay Trent Petty, City Manager This instrument was acknowledged before me on the 20th day of by Trent Petty, City Manager for the City of Grapevine.

TAR PUBLIC (XXXXXXXX/XX CHARLY BERRY NOTARY PUBLIC - TEXAS MY COMMISSION EXPIRES JULY 17. 1999 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX STATE Charly Berry Notary Public Signature 1995.

July 1995, 0:\ZCUIDEEDRES.PA 3 12071 0968 12132 0416 C) C) C)r 7 D195147153 CITY GRAPEVINE PO BOX 95104 MITZI PARKS GRAPEVINE, TX 76099 -WARN IN G-THIS IS PART OF THE OFFICIAL RECORD--D O COPY INDEXED - TARRANT SUZANNE COUNT HENDERSON COUNTY CLERK OFFICIAL T 0: RECEIPT NO 195270001 RECE CITY OF GRAPEVINE REGISTER RECR-BY DR92 T PRINTED DATE TIME 08/18/95 14:42 INSTRUMENT FEECE 1 D195147153 TOTAL TIME INDEXED 950818 14:42 CA FEES: Unofficia 13.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OR THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.

+2071 0969 0417 12132 Set 5/8" Iron Rod 6.320 acres.

William Bond and wife Mary Lou Bond Volume 6211, Page 640 D195186224 #367 12132 TILITY FAS 199.03 NAD-83. Texas State Plane Coon Y Coord X Coord = X Sat 5/8" Iron Rod Pat K. Riz Volume 7229,

e Mary Lou Bond Volume 6211, Page 640 D195186224 #367 12132 TILITY FAS 199.03 NAD-83. Texas State Plane Coon Y Coord X Coord = X Sat 5/8" Iron Rod Pat K. Riz Volume 7229, Henry D. McCol et ux Hazel Volume 3652, Found Iran 3.0.8.

15 BLOG LINE 98.0 Found: 1/2 Iron Rod 15 BLDG LINE 215.38 HALL JOHNSON ROAD 80' ROW LOT 1 55.006 SQ FT 104.56 CURVE 38.28 19.98' N88°31'05E150.94 17,049 SQ FT LOT 2 35 BUILDING LINE 3.65 CURVE 6 180 SOσ 11'E 6.46 17,522 SQ FT LOT 3 382.15" 57.46 27.55 SO 11'20"E CURVE 20.78 PIN88:31:05″ E - 157.52') 50.47 LOT 4 15,526 SQ FT 47.39' CURVE HARVESTWOOD COURT CURVE 105.81 BUILDING LINE Cial LOT 10 22,437 SQ FT 206.54' SO 11'20 E CUR 10.77: 88°31'05" 177.27 是 100.0' 100.0° 63.91 LOT 8 17,811 SQ FT 1.09/ 66.97* LOT 7 17,564 SQ FT 49.09' 135.4 N64'31'16" W.

22,878 SQ FT LOT 5 S00°40'W~1 N56 55'E 190.33 LOT 6 23,181 SQ FT لنا 207.33' Uno HARVESTWOOD DRIVE LOT 1 Haynes Subd Volume 388-16 Set 5/8" Iron Rod.

ECEIVE JUL 27 1995 FINAL PLAT OF: LOT 1 THRU LOT 10, BLOCK 1 BIRDSONG ADDITION EXHIBIT "A" AN ADDITION TO THE CITY OF GRAPEVINE TARRANT COUNTY, TEXAS BEING A PORTION OF THE J. W. HAYNES, SURVEY, TARRANT COUNTY, TEXAS A-788 This plat is filed in Cabinet _ Slide This is to certify that Thomas L. Thompson, Registered Professional Land Surveyor of the State of Texas, Have platted the above subdivisions from an actual survey of the ground; and that all lot comers, angle points and points of curve shall be properly marked on the ground, and that this plat correctly represents that sursy made by me.

Thomas Thompson Texas Registration No. 1237 Dated.

ONE THOMAS L THOMPSON.

REGISTERED PROFESSIONAL

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shall be properly marked on the ground, and that this plat correctly represents that sursy made by me.

Thomas Thompson Texas Registration No. 1237 Dated.

ONE THOMAS L THOMPSON.

REGISTERED PROFESSIONAL LAND SURVEYOR 1400 W. Euless Boulevard: Sulto 1.02 Euless, Texas, 760-0 (817) 571-7959 fox (817) 287-9269 Date: July 27, 1995 D195186224 CITY OF GRAPEVINE PO BOX 95104 GRAPEVINE, TX 76099 -WARNING-THIS IS PART OF THE OFFICIAL RECORD--D O NOT py COPY COUNT COUNTY CLERK INDEXED --TARRANT SUZANNE HENDERSONIP OFFICIAL TO: CITY OF GRAPEVINE REGISTER RECD-BY DR96 TIME PRINTED DATE 10/11/95 12:36 RECEIPT NO 196010258 INSTRUMENT FEECI 1 D195186224 ΤΟ ΤΑΙ INDEXED TIME FEES: 15.00 Unofficia ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.

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