VOL 815 PAGE 10111 County Clerk Unofficial Copy SUPPLEMENTAL RESTRICTIONS AND COVENANTS TO THE EXISTING DEDICATION, COVENANTS AND RESTRICTIONS BRIARWOOD ADDITION, SECTION 3 Midland County Clerk TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIATION For adequate consideration and the mutual benefit the undersigned do hereby Grant, Sell and Convey, each to the other, an equitable servitude in accordance with all of the terms, conditions and covenants hereinafter contained , in and upon each lot, parcel, tract or other interest in land owned by the undersigned on the effective date hereof and located in Briarwood Addition , Section 3, an addition to the City of Midland, Midland County, Texas, as described in the map or plat thereof recorded in Cabinet F, Page 23, of the Plat Records of Midland County, Texas (the "Land").
receipt and sufficiency of which is hereby acknown herefrom, the For the same consideration, the undersigned do hereby alter, amend and supplement that certain Dedications, Covenants, and Restrictions of Briarwood Addition, Section 3 as recorded in Volume 815, Page 102; and the Amendment thereto, recorded in Volume 815, Page 152, Deed Records of Midland County, Texas, so that said covenants will hereafter include and incorporate all of the provisions of these Supplemental Covenants.
event of any conflict between the existing covenants and these Supplement control.
The intent of the tained, and the e and shall In official Covenants, the Supplemental Covenants shall to this document is that the covenants herein conservitude herein granted, shall be binding upon and inure to the benefit of all parties hereto, their heirs, successors and Ovenants running with the Land, enforceable at law or in signofficial Copy Midland County Midland Section 1.01 -
inding upon and inure to the benefit of all parties hereto, their heirs, successors and Ovenants running with the Land, enforceable at law or in signofficial Copy Midland County Midland Section 1.01 ARTICLE ONE - DEFINITIONS "Association" as that term is used Miraland County to the BRIARWOOD HOMEOWNERS ASSOCIATION, a non-profit and assigns.
ll mean and refer peation, its successors Section 1.02 "Briarwood" or "Subdivision" when used herein shall mean and refer to those lands lying within the Briarwood Addition, Section 3, an addition to the City of Midland, of Midland County, Texas, as described more fully in the map or plat thereof recorded in Cabinet F, Page 23 of the Plat Records of Midland County, Texas, and those lands laying within the 70.82 acre tract of land to the West and adjoining Briarwood Addition, Section 3, also known as Briarwood Tract #3 (a tract of land owned at least in part by Developer). Developer agrees to make these Supplemental Covenants a deed restriction and binding on any residenThis is an essential term tial Lot Owners, except for any land zoned commercial.
of the agreement between the Developer and the Owners and its breach shall be grounds for termination of these Supplemental Covenants in accordance with Article Eight - Termination of Covenants.
Section 1.03 "Common and refer to those areas of y licensed from "Common Areas" when used herein shall mean within Briarwood Subdivision which serve the common use, enjoyment and Nitual benefit of the Residential Lot Owners and their guests, other than the streets and alleys thereof, and have been accepted by the Association. Commeas shall also include landscaped and unlandscaped areas.
City of Midland, as long as such licenses are in writi onsibilities of each party.
defining
of, and have been accepted by the Association. Commeas shall also include landscaped and unlandscaped areas.
City of Midland, as long as such licenses are in writi onsibilities of each party.
defining on 1.04 - "Facility" or "Facilities" when used herein to those amenities that are built on the Common Areas, Nimited to clubhouse, swimming pools, paved paths, gazebos, structures.
rk Unofficial Copy mean and but not other similar mean and refer to any numbered tracts or parcels of land, embraced by any present or future plat of the Subdivision upon which approved residential buildings and appurtenances may be built. The term Lot shall not include those parcels and tracts of land designated as Common Areas. Any Lot Owner who owns two Lots with one residence thereon shall be considered to be the Owner of one Lot for purposes of membership in the Association and for Assessments.
Section 1.05 - "Lot" or "Lots" when used herein aidland Ch and County Clerk Unofficial Copy -1and County Clerk Unofficial Copy Section Unofficial Copy VOL 815 PAGE "Owner" or "Owners" when used herein shall mean and the reper owner(s), whether one or more persons or entities, of the simple to tany Lot, but shall not mean or refer to a mortgagee, unless or until mortgagee has concluded proceedings to foreclose or any occupied residence on a Lot.
Midland Coring in lieu of foreclosure, or to any licensed build Section 1.07 "Covenants" when used herein shamand County Clerk Unofficial Copy lawful proTess he owns an ollectively mean and refer Tarwood Addition, Section 3, as recorded in Volume 815, Page 101; and the amendment to same recorded in Volume 815, Page 152 of the Deed Plat Records of Midland County, Texas, as amended,
an and refer Tarwood Addition, Section 3, as recorded in Volume 815, Page 101; and the amendment to same recorded in Volume 815, Page 152 of the Deed Plat Records of Midland County, Texas, as amended, including these amended covenants ("Supplemental Covenants") which establish the Briarwood Homeowners Association.
Section 1.08 - "Member" or "Members" when used herein shall mean and refer to all classes of membership as provided in Section 2.02 and include each and every residential Lot Owner in the Subdivision entitled to be a Member of the Association in accordance with the Covenants, unless that Owner purchased a Lot prior to the effective date of these Supplemental Covenants, and has not subsequent to that date executed an election to be included in the Association. It shall also include the Developer.
Section 1.09 - "Developer" Allen Rasnick, their shall not include provements thereon.
mean J.A.R. Investment, Inc. and/or James and assigns. The term "successors and assigns" acquire lots for the purpose of erecting imMidland County Clerk Uno Success Shall ection 2.01 ARTICLE TWO ASSOCIATION CREATION, MEMBERSHIP AND RIGHTS OF MEMBERS Homeowners Association.
The Developer lerk Unofficial Copy 22 a create a noncorporation under the laws of the State of Texas whic shall have the power and obligation to perpetually manage, operate, improve and insure the Common Areas, Facilities and vision; and shall levy and collect Assessments, and shall take appropriate disciplinary action repair, replace, this Subdints of proceeds; The Association shall be known as the "Briarwood Homeowners Association".
delinquent accounts.
Section 2.02 - Membership and Voting Rights. There shall be two (2) classes of membership in the Association:
Association shall be known as the "Briarwood Homeowners Association".
delinquent accounts.
Section 2.02 - Membership and Voting Rights. There shall be two (2) classes of membership in the Association: (A) Class A Members - Upon the sale of a Lot subject to these Covenants, the purchaser shall automatically become a Member of the Association. Owners of Lots at the time of the adoption of these Supplemental Covenants shall be given a 15 day period, evidenced by written notice, to ratify these Supplemental Covenants and commit their Lot to these Supplemental Covenants as a deed restriction for themselves and future Owners of their Lot and thereby become a Member of the Association. Should they elect not to ratify these Supplemental Covenants during the 15 day period, the Association shall have the right to charge a membership initiation fee for subsequent ratification and membership to be set by the Board of Directors of the Associati The foregoing is not.
merely as securitys abandonment by individual Associ Copy the performance of an obligation, except in the event of Owner and/or foreclosure, in which case the lender (ba entity holding the first note on the property) shall Clerk bretteded to include persons or entities who hold an interest Clerk Unofficial Copy the of membership and assume any outstanding depre Midland Combership on the property.
shall be subject to all provisions of this ssociation's Articles of Incorporation and Bylaws, as the such purchaser) or by intestate succession, testate clarity the from time to time. A membership in the Association sh not be transferred, pledged or alienated in any way, except on the sale of mortgage of record, or other legal process.
on and to the may be amended ach Lot (and then only to ry disposition, foreclosure
ot be transferred, pledged or alienated in any way, except on the sale of mortgage of record, or other legal process.
on and to the may be amended ach Lot (and then only to ry disposition, foreclosure The record Owners of a Lot shall be entitled to one (1) membership in the Association and to cast one (1) vote on any matter required to be submitted to the Members for voting under the Covenants, under the Bylaws, under statute or on any other matter submitted to a vote of the Members. Any joint Owners shall designate to the Association, in writing, the name of the person entitled to vote said membership. Any Lot Owner who owns two Lots with one residence thereon, shall be -2land County Clerk Unofficial Copy and County Clerk Unofficial Copy VOL 815 PAGE Stark.
Unofficial Copy considered to be Owner of one Lot for purposes of membership in the Association and for Assessments.
At the ial list of Members kept by the Association.
Misued cretion of the Association, no certificates of membership if certificates are not issued, membership shall be evideraty Clerk Unofficial Copy (B) Class B Members Include only the Developer who shall Midentitled be by an to two (2) votes for each developed Lot that the Developer owns in the Subdivision and two (2) votes for each undeveloped acre of residential land that he owns in the Subdivision, except on issues concerning Assessments in which case the Class B Members shall have only one (1) vote per developed Lot and zero (0) votes per undeveloped acre of land. At such time as the total number of Class A Members shall equal or exceed the total votes of the Class B Members, the Class B Members shall cease to exist and the Association shall have only Class A Members.
time as the total number of Class A Members shall equal or exceed the total votes of the Class B Members, the Class B Members shall cease to exist and the Association shall have only Class A Members.
Developer shall then become a Class A Member and shall have one (1) vote for each developed Lot.
Section 2.03 - Board of Directors. The business and affairs of the Association shall be managed by a Board of from three (3) to seven (7) Directors of the Association ("Board"). The Members shall elect Directors to hold office and fill vacancies occurring on the Board of Directors in accordance with the Bylaws. If behalf and having the powers specifitors to manage day to day it so chooses, the Board may desi on its laging Committee of three (3) Direccally approved by the Board in itten resolution.
Initially and while five (5) Directors Co's (2) Directors 7 Clerk Unofficial Copy is a Class B Member, the Board shall consist of of Developer, or his designated representative, two Developer ceases to be a Class B Member, the number Directors shall then be determined, from time to time, by a resolution Board of ectors.
Class A Member appoy the Developer and two (2) Directors elected by the Midland County ARTICLE THREE COMMON AREAS OWNERSHIP, USE AND PROPERTY RIGHTS Section 3.01 Common Areas and Ownership. The Common Areas designated by Developer, the Board, and/or shown on any recorded plats of this Subdivision, once accepted by the Association in accordance with Section 3.04, shall be owned, in accordance with the timing in Section 3.05, by the Association for the benefit of the Members within this Subdivision. The costs of perpetual maintenance, upkeep and improvements thereon shall be borne on an equal basis by all Members While Class B
he Association for the benefit of the Members within this Subdivision. The costs of perpetual maintenance, upkeep and improvements thereon shall be borne on an equal basis by all Members While Class B of the Association, except with regard to the Class B Members.
Members exist, Developer agrees to keep the Common Areas and Facilities open to the Members, and operate them in a quality manner and maintain them in good repair. One measure of the correct level of operation and maintenance shall be other successful subdivisions with similar facilities in the area.
Section 3.02 Pop Park, recreation and open space uses, fitness, designated auto parking areas, Land Use Within the Common Areas shall be restricted to activities and improvements related including but not limited to, physic landscaped areas, outdoor and screening and fencing d tures, including but not house, picnic areas, restricted to Areas.
Recreation centers or buildings and structo, swimming pools, tennis courts, cabanas, club other uses of similar nature and character shall be 7 designat on Common signs relevant to the development thereof, in Briarwood Addition, Section 3 during 1993: (1) A Comparaty Clerk Unofficial Copy Facil Section 309 Development of Common Areas and Facilities. Developer design, construct, and landscape the following Common approximately 25 yards long, (2) pool parking and area and Wimming Midlayed pool enclosure with a concrete deck area, g rooms, and a Covered area with picnic tables suitable for gatherings landscaping and walking path, (5) perimeter fence (3) detention pond Cherrywood Drive along Midland Drive, and (6) Rosewood entrance and Midland Drive landscaping, (7) playground, and (8) an irrigation system for these Common Areas.
The
rimeter fence (3) detention pond Cherrywood Drive along Midland Drive, and (6) Rosewood entrance and Midland Drive landscaping, (7) playground, and (8) an irrigation system for these Common Areas.
The Section 3.04 Acceptance, Dedication or Transfer of Common Areas.
Developer hereby agrees to turn over the specific Common Areas and Facilities designated (1) to (8) listed in Section 3.03 to the Association to use, operate and maintain and the Association hereby accepts said Common Areas and Facilities.
As Developer adds additional Common Areas and Facilities in the Subdivision, -3and County Clerk Unofficial Copy and County Clerk Unofficial Copy Developer Midland County Clerk, Unofficial Copy mai VOL 815 PAGE 552 Unofficial Copy the Cleand 11 consult with the Association and obtain concurrence will accept these new Common Areas and Facilities to use, based on a majority vote of a quorum of the Class A as defined in the Association Bylaws. Designation of Tract A on the plat of the Subdivision) shall not be irrigation of Common Area landscaping.
eligible to unless the City of Midland agrees in writing to furnice embetention pond as a Common Area at no charge for Section 3.05 - Conveyance of Title. The Developer shall convey title to the Common Areas and Facilities thereon, without charge and free of any and all encumbrances, to the Briarwood Homeowners Association by the earlier of the following: (1) 67% of the total residential Lots in the entire Subdivision (based on final plats for the entire Subdivision or a density of 3 lots per unplatted acre) have been sold to residential Lot Owners, (2) January 31, 2004, or (3) such other time as the Developer deems appropriate and the Class A Member agree to
ion or a density of 3 lots per unplatted acre) have been sold to residential Lot Owners, (2) January 31, 2004, or (3) such other time as the Developer deems appropriate and the Class A Member agree to accept the transfer of title as evidenced by a majority vote of a quorum of the Class A Members eligible to vote, as defined in the Association Bylaws.
If a portion of the Association Assessments, as evidenced by the Association Annual Budget, is used to help the Developer retire debt (make principal and interest payments) on Common Areas, improvements thereon, and Facilities, that will be deeded to the Association at some future date, the Association shall fee simple ownership interest in the land and facilities at the end of receive, at a minimum, scal year in which such a payment is made, based on the ratio of the princinal paid by the Association to the total indebtedness.
Failure of the Association to receive evidence of such ownership shall not negate its claim. The Association shall in no way incur any indebtedness or responsi bility for Developer's indebtedness.
Dedicat check tr or transfer of fee simple title to Common Areas from/to authority or public utility shall not be made unless the de gible Unofficial Copy trument entered into between the parties involved and majority vote of a quorum of the Class A Members Midland Counter, purpose, location and conditions thereof are agreed the Association Bylaws, and signed in accordance with by representatives of such public entity.
public and in a written Ys approved by a Note, as defined in Bylaws and is accepted ARTICLE FOUR ASSESSMENTS Section 4.01 - Creation of a Lien and Personal Obligation.
Class A Members Assessments, charges and special assessments ("Assessments"),
defined in Bylaws and is accepted ARTICLE FOUR ASSESSMENTS Section 4.01 - Creation of a Lien and Personal Obligation.
Class A Members Assessments, charges and special assessments ("Assessments"), shall be fixed, established and collected from time to time by the Association as hereinafter provided. Such Assessments together with interest at the maximum legal rate, attorneys fees, and any other costs of collection shall be a charge on the land and shall be a continuing lien upon the property against which such Assessments are made and shall also be the personal debt and obligation of the Owner of such property at the time of the Assessments. To the extent necessary to effect the purposes herein stated, the undersigned Owners and Class A Members do hereby severally grant to or parcel of land owned by the Tation a separate lien upon the Lot, tract as to each such Lot or te method provided by with the preli sure, after which lien shall be enforceable separately The lien herein granted may be enforced by any cluding non-judicial foreclosure and sale in accordance the Texas Property Code in effect at the time of foreclodays written notice to the Owner of such Lot or reflected by the records of the Association. The President of the serving foreclosure and sale.
Assessments shall be applied Stofficial Copy ☑to all Class A Members of the Association.
Midland Che time of notice may appoint in writing a Trustee to Assessments shall be used for the common good of the Members This shall include, but is not limited to, educational, tional services.
Class B Members shall not be subject to AssessmenAidland ion the equal ied by the the Subdivision.
and recreabut during the period that Class B Members exist, the Developer agrees to fund the difference between the
shall not be subject to AssessmenAidland ion the equal ied by the the Subdivision.
and recreabut during the period that Class B Members exist, the Developer agrees to fund the difference between the annual Homeowners Association budget and the total of the Assessments levied on the Class A Members.
Section 4.02 Annual Assessments. An Annual Assessment shall be fixed, levied and collected for improvement, operation and maintenance of the Common Areas and Facilities, including but not limited to, payment of applicable insurtaxes, labor, equipment, materials, financial ance, cost of land County Clerk Unofficial Copy -4services, and County Clerk Unofficial Copy VOL 85 PAGEial Copy architectural County Clerk Unofficial Copy pairs, enfe legal services, reserve for replacement and major of deed restrictions and Association rules, management supervis, payments to Developer to be used by Developer to make payments on Developer's initial debts from the 3.03, and all other services, necessary to conduct the siness of the Min Station, except additional capital improvements.
pal and acilitiested in While the Class B Members exist, the Board of Directors shall recommend and submit the amount of the Annual Assessment, subject to the maximum limitation stated below, for approval by a majority vote, by written ballot, of a quorum of the the Class A and B Members entitled to vote in person or by proxy, as defined in the Bylaws. As defined in Section 2.02 the Class B Members shall have only one (1) vote per developed Lot, and zero (0) votes per undeveloped acre of land, when voting on this issue.
During the period of time that Class B Members exist, Developer shall make a diligent effort to reduce the Associations budget, by reducing the debt and other
acre of land, when voting on this issue.
During the period of time that Class B Members exist, Developer shall make a diligent effort to reduce the Associations budget, by reducing the debt and other expenses of the Association. The amount of the Annual Assessment shall be reduced by a corresponding percentage so that both Class A and Class B members share in the reduction in accordance with the percentage of expenses being paid by each class of Members.
After the Class B Members no Copy the Board of Directors shall fix the Iamount of the Annual object to the maximum limitation stated below, by a majority vote of the decrease or increase, Assessments over period.
of Directors and shall have the power to adjust, of said Assessments, and to credit any excess of succeeding Assessmenes and cash reserves to the Members against the next Sectio 7 Special Assessments. Special Assessments for capi addition to the Annual Assessment may be authorized by in accordance with the Bylaws of the Association for the Clerk Unofficial Copy pard of rpose of in whole or in part the cost of any construction or reconstruction, Facilities or any purchase of new Common Areas or Facilitie The expenditure of capital for new Facilities, additional Common Areas, view construction, and landscaping of new areas, shall require a majority vote of a quorum of the Class A Members of the Association entitled to vote in person or by proxy, as defined in the Association Bylaws, to approve the expenditure.
Matexpected repairs or replacement of any improvement in the common Areas or Section 4.04 - Maximum Assessment. While it is recognized that the Association must meet its financial obligations and that these obligations may increase
t of any improvement in the common Areas or Section 4.04 - Maximum Assessment. While it is recognized that the Association must meet its financial obligations and that these obligations may increase or decrease from time to time, the sum of the Annual Assessment and any Special Assessments shall not exceed $360.00 per year per Lot, commencing with a prorated figure the year in which these Supplemental Covenants are adopted, and adjusted by the Consumer Price Index ("CPI") for all urban consumers, published by the U.S. Department of Labor, Bureau of Statistics, or such successor index that may be published by the Department of Labor.
Should the Board of Directors desire.
shall require a majority vote of tion entitled to vote in pers Bylaws, to raise the ise the Assessment limit in any year it of the Class A Members of the Associaby proxy, as defined in the Association The limit shall then revert to its it in any subsequent year shall require another vote of the Members. Class Members shall not be entitled to vote on any issue calculated value and it that year.
concerning raise the Maximum Assessment.
County Clerk Unofficial Copy > due Section b 05 Notice of Assessments. Send written notice of each to ever subject thereto at least thirty ( 30 ) days in advance of date Midland Owner's first payment of each Annual Assessment. Notices shall given if mailed by first class mail or hand delivered Oddress last appearing in the books of the Association or to the Association for the purpose of notification.
receive a notice prescribed by this section shall not relieve the Owner of the obligation to pay any Assessment when due.
The by such Owner of any Owner to Section 4.06 The first Commencement of Annual Assessment & Due Dates.
by this section shall not relieve the Owner of the obligation to pay any Assessment when due.
The by such Owner of any Owner to Section 4.06 The first Commencement of Annual Assessment & Due Dates.
Annual Assessments shall be determined prior to ratification of these Supplemental Covenants and presented, to the Owners at the time of ratification. The first annual Assessment shall be adjusted according to the number of months remaining in the Association's fiscal year. Payments of the first Assessment shall be made in arrears in two equal installments and continue during the Association's fiscal year as long as a majority of the Class A Members of the Association Board agree -5and County Clerk Unofficial Copy and County Clerk Unofficial Copy Unofficial Copy VOL 815 PAGE 559 described in Section 3.03 during 1993. If a majority of the Board disagree that Developer is making a diligent e be brought before the Members for discussion and a the Class A Members of the Association entitled to vote Midland Coat Developer continues to demonstrate diligent efforts to Clerk Unofficial Copy Complete the FaciliClass A Members the issue shall defined in the Association Bylaws, on how to procvote of a quorum of person or by proxy, as While Class B Members exist, subsequent Annual Assessments shall be determined in accordance with Section 4.02 and paid in arrears in two equal installments at six (6) and twelve (12) months from the start of the Annual Assessment period which shall coincide with the Association's fiscal year. When only Class A Members exist, the Board shall fix the amount of subsequent Annual Assessments against each Lot at least thirty (30) days in advance of each Annual Assessment period
n's fiscal year. When only Class A Members exist, the Board shall fix the amount of subsequent Annual Assessments against each Lot at least thirty (30) days in advance of each Annual Assessment period and determine the number of installments and the due dates for payment of the Annual Assessment.
The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by two officers of the Association setting forth whether the Assessments on a specific Lot have been paid.
4.07 Delinquency Notice for the Assessments provide Owner may waive or otherwise escape liability of the Common Areas Owner has not Board of Owner's Lot for rate, herein for non-use of the services or by non-use lities, or abandonment of the Owner's Lot.
If any providement within thirty (30) days of the due date, the, Midland County official Copy the Association shall be required to file a lien on the Assessments, together with interest at the maximum fees, and any other costs of collection. The Board sha tten notice to the mortgage holder when any Lot Owner is del quent in my Assessments or charges owed within forty-five (45) days after the due ARTICLE FIVE - DESIGN REVIEW Midrand County, also The Board shall appoint a Design Review Committed the "DRC") which shall consist of three (3) Members of the Association and shall be responsible to the Board.
The DRC is charged with design review of all improvements and modifications within the Subdivision for the primary purpose of: (1) to establish and preserve a harmonious design for the Subdivision, (2) to protect the value of property in the Subdivision, and (3) to maintain Briarwood Subdivision as a pleasant and desirable environment in which to live. Until such time as all of the Lots owned
n, (2) to protect the value of property in the Subdivision, and (3) to maintain Briarwood Subdivision as a pleasant and desirable environment in which to live. Until such time as all of the Lots owned by Developer in the Subdivision are built on, Developer, or his designated representative, shall be a member of the DRC and shall appoint two additional members from among the Class A Members to serve on a three (3) person DRC. After all Lots are built on, the DRC members shall be appointed by the Board.
Section 5.01 Purpose. The DRC shall regulate the external design, appearance and location of the Lots and of the improvements thereon, in such a manner as: (1) to promote those Nualities in the environment which bring value to the Subdivision, (2) to including a harmonious relationship among strucSubdivision as a place.to tures, vegetation, Section 5 b Inoffice attractiveness and functional utility of the Requirement.
Unofficial Copy No building, fence, wall, residence, structul or projection from a structure (whether of a temporary or permanent natur and maintained, improved or altered, nor shall any grading, gardening, excavation, tree removal, planting, change of exteri Werected hot such structure shall be affixed to the ground) shall be commenced done, without prior written approval of the DRC exterior design and location in relation to, and Midland Cork which in any way alters the exterior appearance of any Cour ounty Clek pating, rock color or other improvement be the harmony of the Subdivision, (2) the character of the exterior the exterior workmanship.
strectares, vegatation, topography, and the act upon, surrounding Section 5.03 community design of the and (3) the quality of Procedures. In the event the DRC fails to approve or disap-
workmanship.
strectares, vegatation, topography, and the act upon, surrounding Section 5.03 community design of the and (3) the quality of Procedures. In the event the DRC fails to approve or disapprove in writing an application within thirty (30) days after the plans and specifications in writing have been submitted to it, in accordance with adopted procedures, approval will be deemed granted. The applicant may appeal an adverse DRC decision to the Association's Board of Directors, who may reverse or modify such a decision by a two-thirds vote of those Directors present and voting at a Board meeting at which a quorum, as defined in the Association Bylaws, is present.
land County Clerk Unofficial Copy -6and County Clerk Unofficial Copy VOL 815 PAGE Coaty Clerk Unofficial Copy Section Board, review The policy guidelinty Clerk Unofficial Copy Guidelines. The DRC shall, subject to the approval of Op and promulgate policy guidelines for the application of the Visions in the Covenants, as amended.
and criteria used as standards in determining the quired objectives. The policy guidelines may also gn shall practices that, although optional, are generally accept of the reMidiave (1) review procedures, (2) aspects and objectives of review (3) prinde specific design of achieving the required objectives in particular design problems encountered in the Subdivision. The policy guidelines are intended to assist the DRC and the Owners in the ongoing process of community design. They may be modified and supplemented from time to time, on due notice to the Owners and subject to the approval of the Board.
Section 5.03 Applicability to Developer. The provisions of Section 5.02 shall be applicable to the Developer.
7 ARTICLE SIX INDEMNIFICATION
to the Owners and subject to the approval of the Board.
Section 5.03 Applicability to Developer. The provisions of Section 5.02 shall be applicable to the Developer.
7 ARTICLE SIX INDEMNIFICATION Any Director, officer, employee, or volunteer of the Association falls under the Charitable Immunity and Liability Act, Remedies Code. Further Chapter 75 Association for REDAEZY84 of the Texas Civil Practice & entitled "Limitation of and Facilities for shall indemnify any necessarily him/her, by it Texas Civil Practice & Remedies Code applies to the use of Common Areas or educational use. The Association officer or former Director or officer of the costs, including attorneys' fees, actually and Phim/her in connection with any claim asserted against court or otherwise, by reason of his/her being or havin Clerk Unofficial Copy been such Direct or officer, except in relation to matters as to which he/s shall have en guilty of gross negligence or willful misconduct in the matte in which indemnity is sought. The Association shall in Lice and Remedies Code, Chapter 84.
Midlandet Liability Insurance in the minimum amount required by , Keep Civil Neither Developer, nor any Director of the Association nor any Member shall ever be liable to any person, firm or corporation for any act of negligence or negligent omission of the Board or its agents with respect to the collection, administration, and/or expenditures of funds for improvements or operation and maintenance of Common Areas and Facilities.
ARTICLE SEVEN AMENDMENT The Covenants of the Briarwood Subdivision may be amended only when both of the following actions occur: (1) an affirmative vote of two-thirds of all Class A Members entitled to vote on the amendment at a Meeting of the Members, and (2) an
ion may be amended only when both of the following actions occur: (1) an affirmative vote of two-thirds of all Class A Members entitled to vote on the amendment at a Meeting of the Members, and (2) an affirmative vote on the amendment by the Class B Member, while a Class B Member exists.
ARTICLE EIGHT MINATION OF COVENANTS Unofficial Copy At any time after the terminated and extingui ruptcy of Developer seventy (70) termination Land, date hereof, these Supplemental Covenants may be for good cause including, but not limited to, bankchange of developer, upon the written vote of at least and the of all of the Class A Members then eligible to vote.
etary.
Such be evidenced by a written Notice of Termination describing that the required number of votes to terminate have been obtened, be signed by the President of the Association and When properly executed, acknowledged and recorded in Records of Midland County, Texas, the Notice of Termination Prior to any Pacie evidence of the facts stated therein.
Midland extinguishment of these Supplemental Covenants, for any its 1 Prop1 be prima termination or on, any Common Areas and Facilities owned by the Association shall be sold removed or otherwise disposed of so that the Association no longer has responsibility or obligation for them.
erk Unofficial Copy ARTICLE NINE EXECUTION These Supplemental Covenants may be executed in any number of counterparts, each of which shall be binding upon the party or parties so executing, and when taken together a shall constitute but one instrument. In no event however, shall these -7and County Clerk Unofficial Copy and County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 815 PAGE 561 lemental Covenants become effective unless and until
nt however, shall these -7and County Clerk Unofficial Copy and County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 815 PAGE 561 lemental Covenants become effective unless and until at least fifty (50) percent of the lot owners eligible for as of the effective date.
Developer ss A Membership Each party executing this instrument, or antecuted Clerk Unofficial Copy appoints R. A. Foster as agent and attorney-inassembling the signature pages and recording in the Midland County Real Property Records.
thereof, authorizes and For the limited purpose of Instrument as a single document IN WITNESS WHEREOF this instrument is executed the date of each signatory party's acknowledgement, to be EFFECTIVE JUNE DEVELOPER JAR INVESTMENTS, ING.
By: COUNT James A. Rasnick, Pref Unofficial Copy OF MIDLAND Midland CoTATE TEXAS 1 1993.
, 24 a R Jana James A. Rasnick, Individually ACKNOWLEDGEMENT This instrument was acknowledged before me this 167h d by James A. Rasnick, President of JAR INVESTMENTS, INC.
corporation, on behalf of said corporation, and SE کے day ily.
unty Clerk Unofficial Copy Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: 1993, OWNERS A R.
Mary Tyl 4501 Cherry wood STATE OF COUNT Unofficial Midland County Copy S by MIDLAND ACKNOWLEDGEMENTS ZA Jomphel ch yi 4803 Lemonwood C Midland County Clerk Unofficial Copy instrument was acknowledged before me this 16" day of Archie R. Taylor by TAZ но Yi and wife, Nan and wife, Sunghee Taylor Kitk Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: 1993: ☐ ) land County Clerk Unofficial Copy -8and County Clerk Unofficial Copy VOL 815 PAGE This is an NANTS TO TION, Midland Clerk Unofficial Copy OF BRIARWOOD Glerk Unofficial Copy
ission Expires: 1993: ☐ ) land County Clerk Unofficial Copy -8and County Clerk Unofficial Copy VOL 815 PAGE This is an NANTS TO TION, Midland Clerk Unofficial Copy OF BRIARWOOD Glerk Unofficial Copy signature page to the SUPPLEMENTAL RESTRICTIONS AND TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIATION: CXISTING DEDICATION, COVENANTS AND RESTRICTIONS OF BRIARWOOD* NERS (Continued) Raurch 4505 CHERRYWOOD DR Karen L Price 4501 Wooden D 5000 Briempathy Midland County Cork Unofficial Copy man Sherrywood 2.C. Pator 4411 Cherrywond STATE OF TEXAS COUNTY OF MIDLAND ACKNOWLEDGEMENTS Midland mad 4509 ROSEWOOD Sharon Bidwell 4500 HillTOPShiginia Levis 4414 Cherrywood.
Fred H. Be Virginia H. Behin 4505 - Rosewoo LBIvan Amy erk Unofficial Copy For Midland onwood Ct.
This instrument was acknowledged before me this 16th day of MAY by_ DON GAWICK 9.GARY L. Pierce by Glenn E. SwAlley 167hday and wife, ANDREA GAWICK and wife, Keen Fre 1993: by Lanny Laymanticial Cond wife, Laurie L. SwAlley.
by R.a. Foste by Midland County by Bidwell John Lewis and wife, Joni Layman ☐ County Clerk Unofficial Copy and wife, Susan Foster and wife, Connie THOMAS and wife, Sharon Bidwe and wife, Virginia Fred H. Behnken and wife, Virginia L. B. IVANHOE SEAL be unken and wife, Amy Ivanhoy Notary Public, State of Texas Notary's Printed Name.
Notary's Commission Expires: 7 17 and County Clerk Unofficial Copy -9and County Clerk Unofficial Copy Midland County Clerk Unofficial Copy This VOL 815 PAGE additional signature page to the SUPPLEMENTAL RESTRICTIONlerk Unofficial Copy AND COVETO THE EXISTING DEDICATION, COVENANTS AND RESTRICTIONS OF PRIARWOOD ADDISECTION 3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIAT OWNERS (Continued) 4512 Hilltop Wilham B. Gen Lana B. Cade 4509 WOOD HOLLOW De.
Dail
DEDICATION, COVENANTS AND RESTRICTIONS OF PRIARWOOD ADDISECTION 3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIAT OWNERS (Continued) 4512 Hilltop Wilham B. Gen Lana B. Cade 4509 WOOD HOLLOW De.
Dail Mary J Petro 450b official Copy 8513 Hilltop DR..
. Midland County M. swald Char 4504 Rosewood STATE OF TEXAS COUNTY OF MIDLAND ACKNOWLEDGEMENTS This instrument was acknowledged before me this by by Terry J. Tinney WILLIAM B CADE by David R Petro, by Len J.
NaClerk #nofficial Copy by Don by G Midland Cou dler Michniewicz OBERT A. GEISMAR by JEFFERY N. STANSBURY Midland County of 4802 Sem wood Ct.
Rita O. Geismar 4514 CHERRY WOOD DR da b 4516 HILLTOP DR.
Rosanne tv Clerk Unofficial Copy Midland County 16 Illow Encipp Gripby 4407 Woodhollow TH day of MAY and wife, Cathie H Tinnen and wife, and wife, and wife, LANA B. LADE Mary J. Petro JoAnn M. Oswald.
and wife, Glenda 1993: I and wife, Cynthia miche Unofficial Copy and wife, RITA O.
and wife, LINDA by CharlesmBLANKENship and wife, by Jeff Grigsby S E and wife, Chandle STANSBURY.
UNE H. BLANKENship "Nancy P. Grigsby Midland CouMAR R Notary Public State of Texas ← Notary's Printed Name: Notary's Commission Expires: land County Clerk Unofficial Copy -10and County Clerk Unofficial Copy VOL 815 PAGE.
This is an NANTS TO TION, Clerk Unofficial Copy tional signature page to the SUPPLEMENTAL RESTRICTIONS AND EXISTING DEDICATION, COVENANTS AND RESTRICTIONS OF BRIARWOOD Midland County Clerk Unofficial Copy MidlandECTION 3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIATION: OWNERS (Continued) Wella W. B Catherine D. Baker 4508 Rosewood Becky Richards 4510 Rosewood Ritte Cindy Hutto 45.15 Was hellow Midland County Clerk Unofficial Copy Kary 45 Yood hellow Dr Colet J Boomer Marylin Boone Charlo Charlotte Only 45112 Cherrybesed
osewood Becky Richards 4510 Rosewood Ritte Cindy Hutto 45.15 Was hellow Midland County Clerk Unofficial Copy Kary 45 Yood hellow Dr Colet J Boomer Marylin Boone Charlo Charlotte Only 45112 Cherrybesed Cindy Broorg 4401 Cherrywood.
Mace fo Janet Foster 4501 ROSEWOOD Read Brown 4922 Leman wood Midlan nty Clerk Unofficial Copy u. Vee ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF MIDLAND TH This instrument was acknowledged before me this 16 day of MAY 1993: by William W. Baker and wife, Catherine D. Baker, Clarks Richards Randy HuTTO Copy by Kenneth D. Coanofficial, by Bob by Oney Midacey Clerk) by "Brosig Fe, Becky Richards and wife, Cindy HyTTO and wife, Karin Cook Boomer and wife, Marylin Boomer and wife, Charlotte Oney and wife, Cindy Brosia by Harold D. Brown Co-Trustee and wife, Lew Midland County Clerk Unofficial Copy by SEAL MICHAEL FOSTER W. BRUCE WILLIAMS atory Public, State of Texas My Commerch 3, 19.75 and wife, Janet and wife, Brown Co-Trustee Hili Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: and County Clerk Unofficial Copy and County Clerk Unofficial Copy This is Midland County Unofficial Copy VOL 15 PAGE 565 NANT itional signature page to the SUPPLEMENTAL RESTRICTIONS AND COVEOWNERS (Continued) nofficial Copy THE EXISTING DEDICATION, COVENANTS AND RESTRICTIONS OF BATARWOOD ADDI3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIATION Midland Coun Midland County Cler Mark tricia Eliz 45/28 Hilltop ACKNOWLEDGEMENTS Midland County Clerk Unofficial Copy STATE OF TEXAS COUNTY OF MIDLAND This instrument was acknowledged before me this 17TH by Mark w. Elledge by by by by by 888 Midland County Clerk Unofficial Copy by by day of May and wife, Patricia R. Elledic and wife, and wife, and wife, and wife, and wife, and wife, and wife,
his 17TH by Mark w. Elledge by by by by by 888 Midland County Clerk Unofficial Copy by by day of May and wife, Patricia R. Elledic and wife, and wife, and wife, and wife, and wife, and wife, and wife, and wife, and wife, 1993: Midland County Clerk Unofficial Copy SEAL W. BRUCE WILLIAMS Natory Public, State of Te My Comm. Expires M & dland County Clerk Unofficial Copy ہے -12Notary Public, State of Texas Notary's Printed Name!
Notary's Commission Expires: and County Clerk Unofficial Copy VOL 815 PA 66 Midland County Clerk Unofficial Copy This THE EXISTING DEDICATION, COVENANTS AND RESTRICTIONS OF SECTION 3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIA additional signature page to the SUPPLEMENTAL RESTRICTION Ounty Clerk Unofficial Copy OWNERS (Continued) इसsuthan Beverly R. Butiam COVEMidlanARWOOD ADDISTATE OF TEXAS COUNTY OF MIDLAND This instrument was acknowle by G. N. Bu #tra ACKNOWLEDGEMENTS me this 18 day of MAY and wife, Beverly R.Bu.
tram Midland County Clerk Unofficial Copy SE Notary Public, State of Texas Notary's Printed Name: Notary's Commission Ex 1993: County Clerk Unofficial Copy Fairly 3-9-96 ARY PUS DARLENE FAIRLY NOTARY PUBLIC STATE OF TEXAS Commission Expires 3-9-96 Midland County Clerk Unofficial Copy TEXUS -13and County Clerk Unofficial Copy Midland County Clerk Unofficial Copy and County Clerk Unofficial Copy Midland County Clerk Unofficial VOL 815 PAGE 567 his is an additional signature page to the SUPPLEMENTAL RESTRICTIONS AND COVENANTS TO THE EXISTING DEDICATION, COVENANTS AND RESTRICTIONS OF BRIARWOOD ADDITION, SECTION 3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIATION: OWNERS (Continued) 498 LEWDR STATE OF TEXAS COUNTY OF MIDLAND bach ACKNOWLEDGEMER County Clerk Unofficial Copy This instrument was acknowledged before me this
ISH THE BRIARWOOD HOMEOWNERS ASSOCIATION: OWNERS (Continued) 498 LEWDR STATE OF TEXAS COUNTY OF MIDLAND bach ACKNOWLEDGEMER County Clerk Unofficial Copy This instrument was acknowledged before me this by LARRY BIRKELBACH by W. BRUCE WILLIAMS OWNERS (Continued) STATE OF TEXAS COUNTY OF MIDLAND Midland County Clerk Copy 154 day of MAY.
1993: and wife, DIANNE BIRKELBAC, H and wife, t c ac Notary Public, State of Texas, Notary's Printed/Name: Notary's Commission Expires: ACKNOWLEDGEMENTS This instrument was acknowledged before me this by . Roy T. Nishi by R.K. Coleman E.
R.K.Ch тации + P Coleman 4513 Cherry wood for ounty Clerk Unofficial Copy 19 Thay of MAY and wife, Mary and wife, Mara M Coleman Midland County: Netarlic, State of Texas Noter Printed Name: Notary's Commission Expires: OWNERS (Continued) mi ACKNOWLEDGEMENTS Rais M. Sar 4508 CHERRYWOOD DR.
STATE OF TEXAS COUNTY OF MIDLAND This instrument was nowledged before me this and wife, Julia Boyd 1993: DEGE H. BAER and wife, 2015 111 Basi SPRUCE WILLIAMS n by GaryCop by Boyd 1974 day of MAY.
Midland County Clet Public, State of T Comm. Expires March 3, 18 OWNERS (Continued) 4518RW DR.
STATE OF TEXAS COUNTY OF MIDLAND Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: Midland County Clerk Unofficial Copy ACKNOWLEDGEMENTS This instrument was acknowledged before me this by LARCEN BRADSHAW by W. BRUCE WILLIAMS E A day of MAY and wife, SA BR and wife.
the 1993: Kill Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: land County Clerk Unofficial copy -14and County Clerk Unofficial Copy VOL 815 PAGE This is an NANTS TO Lonal signature page to the SUPPLEMENTAL RESTRICTIONS AND COVEKISTING DEDICATION, COVENANTS AND RESTRICTIONS OF BRIARWOOD ADDI-
-14and County Clerk Unofficial Copy VOL 815 PAGE This is an NANTS TO Lonal signature page to the SUPPLEMENTAL RESTRICTIONS AND COVEKISTING DEDICATION, COVENANTS AND RESTRICTIONS OF BRIARWOOD ADDITION SET ON 3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIATION: Midland County Clerk Unofficial Copy OWNERS (Continued) Willi 4509(HT/WOOD STATE OF TEXAS COUNTY OF MIDLAND ACKNOWLEDGEMENTS This instrument was acknowledged before me this by W. Bruce WiLLAMS by 21 1ST and wife, and wife, Midland County Clerk Unofficial Copy MA, 1993: day of JAN WILLIAMS, ☐ SHERIA. MARSH Notary Public EAL STATE OF TEXAS My Comm. Exp. SEPT 28. 1996 OWNERS (Continued) Anil Kumar Marita 4501 a Marsh Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: EXAS OF MIDLAND ACKNOWLEDGEMENTS this instrument was acknowledged before me this Midland County Clerk by ANIL KUMAR and wife, by John K. Hayyard .
Grand Howard 4517 Cher wild 22' IND OF MAY, day of 1993: and wife, MAMTA KUMARD.
Bounty Clerk Unofficial Copy Notary Public, Stat Notary's Printed Rotary's Commission Expires: + _OWNERS (Continued (Continued ) Wasso C 4517 Hilltop.
STATE OF TEXAS COUNTY OF MIDLAND ACKNOWLEDGEMENTS This instrument was acknowledged before me this by David Wass by SCOPY Copy cial 23 1993: day of MAY and wife, Shara Wussenberg and wife, ☐ Midland County the OWNERS (Continued) STATE OF TEXAS Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: ACKNOWLEDGEMENTS COUNTY OF MIDLAND This instrument was acknowledged before me this by by and wife, and wife, Midland County Clerk Unofficial Copy day 1993: SEAL -15and County Clerk Unofficial Copy Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: and County Clerk Unofficial Copy NANTS TION
Clerk Unofficial Copy day 1993: SEAL -15and County Clerk Unofficial Copy Notary Public, State of Texas Notary's Printed Name: Notary's Commission Expires: and County Clerk Unofficial Copy NANTS TION Unofficial VOL 15 PAGE 569 This is anal signature page to the SUPPLEMENTAL RESTRICTIONS AND Ork Unofficial Copy Midland County Cl EXISTING DEDICATION, COVENANTS AND RESTRICTIONS OF BRIARWOOD ADDITION 3, TO ESTABLISH THE BRIARWOOD HOMEOWNERS ASSOCIATION: OWNERS (Continued) i Tina Maller Tina Miller 4412 ROSEWOOD.
Midland County ESTATE OF TEXAS COUNTY OF MIDLAND This instrument was acknowledged by KEVIN SEAL ER ACKNOWLEDGEMENTS pre me this 31st day of and wife, Midland County Clerk Unofficial Copy PUBLIC MARY ALICE SCHOWE NOTARY PUBLIC State of Texas Comm. Exp. 12-28-96 Tina Miller Notary Public, State of Texas Notary's Printed Name: Schone Notary's Commission Expires: 1993: Clerk Unofficial Copy 08196 Schowe Midland County Clerk Unofficial Copy 1161 Filed for Record on the 3 day of Duly Recorded this the 3 day of Jane June INSTRUMENT NO. 10111 Midland County Clerk Unofficial Copy .D.
1993, at 2:10 o'clock PM.
_A.D. 1993, at 2:15 o'clock PM.
ROSENELLE CHERRY, COUNTY CLERK MIDLAND COUNTY, TEXAS By Abby Jedrick.
Deputy land County Clerk Unofficial Copy and County Clerk Unofficial Copy