Page 1 of 43 VY 4 AFTER RECORDING RETURN TO: RobertQ. Burton Winstead, 2C 401 CongressAve., Suite 2100 Austin, Texas 78X01 Email: AMENDED AND RESTATED | ATION OF COVENANTS, CONDITIONS AND RESTRICTIQN BR ND RESTATES THAT CERTAIN DECLARATION OF COVENANT IONS AND RESTRICTIONS FOR BROUGHTON RECORDED E 16073, PAGE 335, OFFICIAL PUBLIC RECORDS OF TARRANT XAS, AS AMENDED.
LL DALLAS TX LLC, a Texas limited liability company This Amended and Restated Declaration of Covenants, Conditions and Restrictions may be used only in connection with the residential community known as Broughton in Tarrant County, Texas and the operation of Broughton Maintenance Association, Inc.
Page 2 of 43 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS.
ARTICLE 2. USE AND CONSTRUCTION RESTRICTIONS 2.01 General...
2.02 Subdividing.
2.03 Hazardous Activities.
2.04 Insurance Rates.
2.05 Noise 2.06 Animals - Household Pets...
2.07 Rubbish and Debris.
2.08 Maintenance and Use 2.09 Minimum Square Footage.
2.10 Structure Materials; Exterior Items and Surfaces 2.11 Driveways & Garages.
2.12 Fences and Walls 2.13 Landscaping.
2.14 Mailboxes and Address Plaques 2.15 Antennae.
Copy 2 5 5 6 6 .6 7 7 8 8 9 9 10 11 11 2.16 Location of Permitted Antennas 11 2.17 Signs 12 2.18 Tanks 12 2.19 Temporary Structures.
13 2.20 Unsightly cles, Vehicles 13 2.21 On Street Parking; Use arking; Use of Common Area..
13 2.22 Mobile Homes Travel Trailers and Recreational Vehicles 14 2.23 Basketball Goals; Permanent and Portable.
14 2.24 Compliance with Restrictions...
14 Liability of Owners for Damage to Common Area.
15 No Warranty of Enforceability.
15 No Tennis or Recreational Courts; Playscapes..
15 Approval for Construction; Additional Restrictions..
15 15 16 2.32 2.33 2.34 Dumping..
for Damage to Common Area.
15 No Warranty of Enforceability.
15 No Tennis or Recreational Courts; Playscapes..
15 Approval for Construction; Additional Restrictions..
15 15 16 2.32 2.33 2.34 Dumping..
Alteration or Removal of Improvements.
Construction Activities Clotheslines; Window Air Conditioners.
2.35 Restriction on Use of Common Area 16 17 17 17 17 2.36 Declarant Exemption 17 ARTICLE 3. BROUGHTON MAINTENANCE ASSOCIATION, INC.
18 3.01 Organization 18 i BROUGHTΟΝ AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS = Page 3 of 43 3.02 Membership.
3.03 Governance 3.04 Voting Rights 3.05 Powers.......
3.06 Acceptance of Common Area.
3.07 Indemnification 3.08 Insurance 3.09 Protection of Declarant's Interests 18 19 19 19 22 22 23 23 ARTICLE 4. INSURANCE 4.01 Insurance 4.02 Restoration 5.01 4.03 Mechanic's and Materialmen's Lien ARTICLE 5. COVENANT FOR ASSESSMENTS Assessments.
5.02 Maintenance Fund.
5.03 Regular Annual Assessments.
5.04 Special Assessments.
5.05 Individual Assessments.
5.06 Amount of Assessment.
5.07 Late Charges..
5.08 Owner's Personal Obligation for Payment of Assessments.
5.09 Assessment Lien and Foreclosure...
5.10 Exempt Property.
5.11 Fines and Damages Assessment, ARTICLE 6. COMMITTEE 6.01 Construction of Improvements 6.02 Architectural Control by Declarant ARTICLE 7. MORTGAGE PROVISIONS.
7.01 Notice of Action.
Examination of Books Taxes, Assessments and Charges.
ARTICLE 8. GENERAL PROVISIONS..
Eminent Domain Amendment Enforcement Unofficial Copy 24 25 25 25 25 25 26 26 26 26 26 28 28 29 29 29 32 32 33 33 33 33 33 34 35 8.06 Higher Authority.
Severability.
35 8.07 8.08 Conflicts 8.09 Gender.
8.10 Damage and Destruction.
35 35 35 35 ii BROUGHTON
26 28 28 29 29 29 32 32 33 33 33 33 33 34 35 8.06 Higher Authority.
Severability.
35 8.07 8.08 Conflicts 8.09 Gender.
8.10 Damage and Destruction.
35 35 35 35 ii BROUGHTON AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 8.11 Notices 8.12 View Impairment ARTICLE 9. EASEMENTS 9.02 9.03 Reserved Easements.
Easements Page 4 of 43 ARTICLE 10. SPECIAL DECLARANT RIGHTS..
10.01 Special Declarant Rights.
10.02 Assignment of Declarant's Rights.
36 36 .36 .36 37 37 37 Unofficial Copy iii AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BROUGHTΟΝ Page 5 of 43 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BROUGHTON RECITALS: A. Broughton Limited Partnership, a Texas limited partnership (“Broughton”), previously executed and recorded that certain Declaration of Covenants, Conditi Restrictions for Broughton recorded in Volume 16073, Page 335, Official Public Tarrant County, Texas, as amended (the “Original Declaration”).
B. Pursuant to the terms and provisions of the certain Assignrhe Cob g Rights, recorded as Document No. D211241212, Official Public Records of’ 8 Texas, Toll Dallas TX LLC, a Texas limited liability company (“Toll”), of the “Declarant” under the Original Declaration. Accg of, allsxefeyences herein to Declarant shall mean and refer to Toll Dallas TX LLC acting and assigns.
Cc. Pursuant to Section 5.15 of the Origin: claration, the Declarant, acting alone, being the owner of at least one (1) lot withi Declaration) may, in its sole discretion, anys e Opigine acta provisions of the Original Declaration, and ; orth herein below.
€clared that: (i) those portions of the Property (as
st one (1) lot withi Declaration) may, in its sole discretion, anys e Opigine acta provisions of the Original Declaration, and ; orth herein below.
€clared that: (i) those portions of the Property (as sre beén subjected to the Original Declaration, shall be held, restrictions which are/# (as defined below) a shall run with the Property and shall be binding upon all parties, their heirs, succ é ¢ D. Declarant desires to amen, restate the Original Declaration in its e NOW, THEREFOR defined below), which had k sold, conveyed, used ar restric ions shown on a Plat (as defined below) and all grants and dedications ofaaseme -of-way, restrictions and related rights made prior to any portion of the Prepe ing subject to this Amended and Restated Declaration of Covenants, Conditions and éns for Broughton (this “Declaration”) are hereby incorporated into this Declarattorf for all purposes as if fully set forth herein and shall be construed as adopted in each and every contract, deed or conveyance; (iii) each contract or deed conveying the Property shall conclusively be held to have been executed, delivered and accepted subject to this Declaration, regardless of whether the same is set out in full or by reference in said contract or deed; and (iv) upon the recording of this Declaration, the Original Declaration shall be amended, restated and replaced in its entirety by the terms and provisions of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 of 43 This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the reader. If there is a conflict between any note and the text of the Declaration, the text will control.
ARTICLE 1.
DEFINITIONS
ses notes (text set apart in boxes) to illustrate concepts and assist the reader. If there is a conflict between any note and the text of the Declaration, the text will control.
ARTICLE 1.
DEFINITIONS Unless the context otherwise specifies or requires, the following words and ghrases when used in this Declaration will have the meanings hereinafter specified: “Committee” means the committee created pursuant to this Declaratig evi d approve plans for the construction, placement, modification, alteration or Improvements on any Lot.
“Articles” means the Articles of Incorporation of the the Secretary of State of Texas, as the same may be amended “Assessment” or “Assessments” means assessment this Declaration.
“Assessment Unit” has the meaning set fopttTi ban 5.06.
“Association” means Broughton i ssociation, Inc., a Texas non-profit corporation, created to exercise the authori e the powers specified in Article 3 and elsewhere in this Declaration.
the Association.
Association as adopted and as amended from time to “Declarant” means TOLL DALLAS TX LLC, a Texas limited liability company, its successors, assigns, or affiliates; provided that any assignment(s) of the rights of TOLL DALLAS TX LLC, a Texas limited liability company, as Declarant, must be expressly set forth in writing and recorded in the Official Public Records of Tarrant County, Texas.
2 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 of 43 “Design Guidelines” means the standards for design, construction, landscaping, and exterior items, if any, placed on any Lot adopted pursuant to Section 6.04(c), as the same may be amended by the Committee from time to time. The Design Guidelines may consist of multiple
scaping, and exterior items, if any, placed on any Lot adopted pursuant to Section 6.04(c), as the same may be amended by the Committee from time to time. The Design Guidelines may consist of multiple written design guidelines applying to specific portions of the Property. Notwithstanding anything in this Declaration to the contrary, the Committee will have no obligation to establish Design Guidelines.
“Development and Sale Period” means the period of time that Declarant o the option to acquire all or any portion of the Property. Declarant may te Development and Sale Period by an instrument executed by Declarant and Official Public Records of Tarrant County, Texas. The Development and fa marketing of the Property, and the right to direct the size, shape a position of the Property.
“Improvement” means every structure and all app p every type and kind, whether temporary or permanent in nature or altered, inclidiy ot limited to, buildings, outbuildings, storage sheds, patios, tennis courts, s recréafional facilities, swimming pools, putting greens, garages, driveways, parking\arsas and/or facilities, storage buildings, sidewalks, fences, gates, screening walls, retaini walle, stairs, patios, decks, walkways, landscaping (including exterior lighting, sc Zother outdoor art, and outdoor recreational equipment), mailboxes, ane: , exterior air conditioning equipment or fixtures, exterior lighting fixtures, wat wells, tanks, reservoirs, pipes, lines, connection with water, sewe é utilities.
tures or equipment, and poles, pumps, mnas, towers and other facilities used in “Lot” means each Area.
“Mortgagee” or “Mortgagees” means the holder(s) of any Mortgage(s).
“Owner” means the person(s), entity or entities, including Declarant, holding all or a
her facilities used in “Lot” means each Area.
“Mortgagee” or “Mortgagees” means the holder(s) of any Mortgage(s).
“Owner” means the person(s), entity or entities, including Declarant, holding all or a portion of the fee simple interest in any Lot, but does not include the Mortgagee under a Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the lien of its Mortgage or an owner of only a mineral interest (with or without surface rights related solely to the mineral interest).
3 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 8 of 43 “Person” means any individual or entity having the legal right to hold title to real property.
“Plat” means a subdivision plat of any portion of the Property as recorded in the Official Public Records of Tarrant County, Texas, and any amendments or modifications thereto.
“Property” means Lots 1 through 53, Block A, and Lots 3 through 29, Block B, Broughton, a subdivision located in Tarrant County, Texas, according to the Origj recorded in Cabinet A, Slide 7868 and 7869, in the Official Public Records of Tarr, Texas.
“Restrictions” means the restrictions, covenants, and conditions Declaration, the Design Guidelines, Bylaws, or in any rules and regulations includes a summary of the Restrictions.
“Resident” means an occupant or tenant of a Lot, re the Lot.
REM. NTENTIONALLY LEFT BLANK 4 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 of 43 TABLE 1: RESTRICTIONS Declaration Creates obligations that are binding upon the (recorded) Association and all present and future owners of Property.
OVENANTS, CONDITIONS AND RESTRICTIONS Page 9 of 43 TABLE 1: RESTRICTIONS Declaration Creates obligations that are binding upon the (recorded) Association and all present and future owners of Property.
Articles of Incorporation: The Articles of Incorporation of the Association,which (filed with the Secretary of State) establish the Association as a not-for-profit cor Ren under Texas law. fo By-Laws: The By-Laws of the Association w sovern the (adopted by the Association) Association’s internal affairs, s ectiors, meetings, etc.
Design Guidelines: The design standards and arghi ral and aesthetics (if adopted) guidelines adopted pyrsttant fo ate p, wich govern new construction 1 enis-dnd modifications thereto. | Rules: The use regtrictions, and-Tyles of the Association (adopted by the Board of the adopted pufksulant to Sectton’3.05(a), which regulate use Association) of proper Nvities, and conduct within the Property“ A Board Resolutions: 7 shat Oo adopted by the Board which establish (adopted by the Board of the rulés, palicies; And procedures for internal governance Association) and/actiyities of the Association.
oN ween U TRUCTION RESTRICTIONS 2.01 General. the Property will be owned, held, encumbered, leased, eds t to: (i) the applicable conditions, restrictions, reservations, this Declaration; (ii) the Design Guidelines, as amended or (iii) any rules and regulations adopted by the Board.
and requirements imposed by local governmental authorities are applicable be Property. Compliance with this Declaration and the Design Guidelines is ¢ for compliance with such ordinances and regulations. Neither the Declaration Guidelines purport to list or describe each restriction which may be applicable to
claration and the Design Guidelines is ¢ for compliance with such ordinances and regulations. Neither the Declaration Guidelines purport to list or describe each restriction which may be applicable to a Lot lotated within the Property. Each Owner is advised to review all encumbrances affecting the use and improvement of their Lot prior to submitting plans to the Committee for approval.
Furthermore, approval by the Committee should not be construed by the Owner that any Improvement complies with the terms and provisions of all encumbrances which may affect the Owner’s Lot. Certain encumbrances may benefit parties whose interests are not addressed by the Committee.
5 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 of 43 2.02 Subdividing. Unless otherwise approved by the Declarant, Lot may be further divided or subdivided as to increase the number of Lots within the Property, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Board. Declarant may cause, without limitation, Lots to be combined, modified, and re-platted for the purpose of creating new Lot lines and boundaries.
2.03 Hazardous Activities.
capacities of five (5) gallons or less within an enclosed strua view; provided, however, only such liquids and g purposes shall be allowed within the Property; (3) hazardous by reason of odor, fumes, dust, smoke, are hazardous by reason of excessive dan fires, except within safe and well-desig ; (4) hunting or trapping; (5) open in contained barbecue units while alé and shall take proper precautions placing, using and storing such materials
ssive dan fires, except within safe and well-desig ; (4) hunting or trapping; (5) open in contained barbecue units while alé and shall take proper precautions placing, using and storing such materials aterials are contained at all times and do not result in the unnecessary discharge any other Lot.
2.04 Insurance Rates. Nothing may be done or kept on the Property which would increase the rate of casualty or liability insurance or cause the cancellation of any such insurance on the Common Area or the Improvements located thereon, without the prior written approval of the Board.
2.05 Noise. No horns, whistles, bells, or other sound devices (other than security 6 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 of 43, Se devises used exclusively for security purposes) may be located, used, or placed on any of the Property. No noise or other nuisance will 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.
2.06 Animals - Household Pets. No animals, including snakes, pigs, hogs, swine, poultry, fowl, wild animals, horses, 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 Property. No animal ma areas on the Property. No animal may be stabled, maintained, kept, hire or remuneration on the Property, and no kennels or breedj which must be clean, sanitary, and reasonably free of refus¢ pet may be left unattended in yards, porches or other ou removed and appropriately disposed of by the owg@xof the p
nd no kennels or breedj which must be clean, sanitary, and reasonably free of refus¢ pet may be left unattended in yards, porches or other ou removed and appropriately disposed of by the owg@xof the p licensed and inoculated as required by law. If, in thaopinion of the Board, any pet becomes a source of unreasonable annoyance to others, or the the pet fails or refuses to comply therefrom so as to render allfora arti the Property unsanitary, unsightly, offensive, or detrimental to any other prgge to is occupants. Refuse, garbage, and trash must be kept at all times in covered co d such containers must be kept within enclosed structures or appropriately screen of all adjacent property and public and private rights-ofway; provided, ho at Sarbage containers shall be permitted to be placed outside of enclosed structures 4 fenty-four (24) hours each time for garbage collection. Each Owner hdependent disposal service to collect all garbage or other wastes, if such quiet enjoyment and proper use of another Owner of his Lot or the Common Area, or which creates or results in a hazard or nuisance on the Property. The Owner of each Lot will have the duty and responsibility, at its sole cost and expense, to keep such Lot and all Improvements thereon in good condition and repair and in a well-maintained, safe, clean and attractive condition at all times. The Board, in its sole discretion, will determine whether a violation of the maintenance obligations set forth in this Section 2.08 has occurred. Such maintenance includes, but is not limited to the following, which must be performed in a timely manner, as determined 7 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 of 43
following, which must be performed in a timely manner, as determined 7 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 of 43 by the Board, in its sole discretion: (a) Prompt removal of all litter, trash, refuse, and wastes.
(b) Lawn mowing.
(c) Tree and shrub pruning.
(d) Watering.
(e) Keeping exterior lighting and mechanical facilities in working orde (f) Keeping lawn and garden areas alive, free of weeds, and attra (g) | Keeping sidewalks and driveways in good repair.
(h) Complying with all government, health and (i) Repainting of all Improvements.
(j) Repair of exterior damage, and wear am to Improvements.
2.09 Minimum Square Foota residential structure on a Lot, as measure porches, garages, patios and detached agees dings, shall be not less than 3,000 square feet.
The exterior walls (excluding doors and windows), be Dy Np or ceiling plate, of each main residential structure constructed or placed on 3 ve the minimum coverage of not less than eighty percent (80%) brick or brick vepeer, stonaor’Stone veneer, or stucco that is approved by the Committee.
No single wall of any nah résidefitial structure constructed or placed on a Lot shall be less than seventy-five percent brick or brick veneer, stone or stone veneer, or stucco that is aterial on the exterior of any building or other structure or Improvement ardboard or stucco, shall be stained or painted without the prior written approve e Committee. All wood, hardboard or stucco used on the exterior of a main residential structure and/or any ancillary structures or Improvements located on a Lot must be painted or stained in a color compatible with the exterior design and materials used in the
ior of a main residential structure and/or any ancillary structures or Improvements located on a Lot must be painted or stained in a color compatible with the exterior design and materials used in the exterior construction of the main residential structure located on such Lot, and as approved by the Committee.
The minimum roof pitch required is 8:12, except for porch, shed or other architectural roofing elements. All roofs of the main residential structure and/or any other buildings or 8 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 of 43 structures located on a Lot are required to have a minimum thirty (30) year warranty shingle or equivalent. The color of roof shingles shall be weathered wood or a similar color. All roofing materials must be fireproof, and are subject to approval of the Committee. The use of various roofing materials within the Property shall be permitted including 3-tab composition roofs rated for a minimum thirty (30) year life and/or tile roofs; provided, however, no roofing material, except for exact-kind replacement material, shall be installed without first obtaining the Committee’s prior written approval.
composite shingles; or (c) provide solar generation capabilities.
prohibit an Owner from installing Energy Efficient Roofing provided th Roofing shingles: (i) resemble the shingles used or otherwise i community; (ii) are more durable than, and are of equal or ¢ or otherwise authorized for use within the community; and e aesthetics of adjacent property. An Owner who desires to install Energy Bfficient Roafing will be required to comply forth the Restrictions. In conjunction information which will enable the .“Any other type of roofing material
perty. An Owner who desires to install Energy Bfficient Roafing will be required to comply forth the Restrictions. In conjunction information which will enable the .“Any other type of roofing material pfoval of the Committee. Any wood lity to, the shingles used with the architectural review and approval procedur with any such approval process, the Owner shoywtd shall be permitted only with the advan M4 shingles must be rated by the Texas Ho standards.
ss otherwise approved by the Committee, each gched garage suitable for parking not less than two (2) of Insurance as meeting fire retardant seNyack a minimum of twenty feet (20’) from the building setback t-of-way which such garage vehicular access doors or openings ar“access doors facing a public right-of-way must be cedar-clad and pedium brown, unless otherwise approved in writing by the Committee.
driveway aprons or parking aprons must be kept free of any storage of vehicles or other material and must be kept clean of any dirt, debris, or stain. For purposes of this Section, “storage” shall mean the parking or placing of any object or material for more than one day.
2.12 Fences and Walls. Any fence or wall shall: (i) comply with City requirements, including those regarding height, location and materials; (ii) not extend nearer to the front street than five (5’) feet behind the front of the house without the prior written approval of the 9 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 of 43 Committee; (iii) be constructed according to architectural design, materials, finish, and methods, including site installation, approved by the Committee; (iv) be constructed so that the
Page 14 of 43 Committee; (iii) be constructed according to architectural design, materials, finish, and methods, including site installation, approved by the Committee; (iv) be constructed so that the sides containing the structural supports are not visible from any public right-of-way unless approved by the Committee; (v) be not less than six (6') feet in height or more than eight (8’) feet in height as measured from existing ground level unless approved by the Committee; (vi) be constructed on the property lines, except for front facing fences, which shall comply with subclause (ii) above, and except for any fence located parallel to the side property line of a corner lot adjacent to a street, which shall be set along or adjacent to the side yard setback constructed using cedar pickets and stained either a clear or medium brown.
the foregoing, fencing on the back of lots facing greenbelts and any fencing vis privately installed but must be constructed to professional levels of qyality’a ed by the Committee. The design and specifications for building fenge provided herein may be specified by the Committee.
2.13 Landscaping. Each Lot shall include at leas three inches (3”) or greater within the front yard of 2 of three inches (3”) or greater within the side yard 0 this caliper shall be maintained within the frontya trees of this caliper shall be maine thereafter, and (b) otherwise comply Committee (collectively, the “Minimu ) trees with a caliper of a vo (2) trees with a caliper corner Lot, and at least two trees of ach Lot and at least two additional ard of each corner Lot, at all times Guidelines promulgated by the pifig Requirements”); provided however,
rees with a caliper corner Lot, and at least two trees of ach Lot and at least two additional ard of each corner Lot, at all times Guidelines promulgated by the pifig Requirements”); provided however, ight or obligation to review and/or approve, and the Minimum Landscapiy C Re shall not govern or apply to any landscaping i ed (by fencing or otherwise) and not visible from any other Lot, street, publia yy or common area within the Property. Any trees required to be installed q replaced by the Lot Ownesi Association slfa Ke“the“right (but has no obligation) to grade, plant and/or landscape and and/or change such grading, planting and landscaping on any portion and“easements located on or contiguous to any Lot, as established by the Plat, this any governmental entity. Landscaping of a Lot, which must include a sprinkler inthe front yard (and on corner Lots, sprinkler systems for side yards visible from any public right-of-way), shall be completed within thirty (30) days after the date on which the house receives a Certificate of Occupancy from the City. Each Owner of a Lot shall use reasonable efforts to preserve, keep and maintain the landscaping in a healthy and attractive condition. No wooden retaining walls shall be permitted in the front yard or where visible from any public right-of-way. No exterior spotlighting shall be permitted which creates a nuisance as determined by the Board for adjacent homeowners.
10 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 of 43 2.14 Mailboxes and Address Plaques. Mailboxes, mail stations, and address plaques shall be constructed and located in accordance with the specifications of the Committee and
RESTRICTIONS Page 15 of 43 2.14 Mailboxes and Address Plaques. Mailboxes, mail stations, and address plaques shall be constructed and located in accordance with the specifications of the Committee and according to requirements of the City and the U.S. Postal Service. There presently exists a uniform standard of mailboxes, mail stations, and address plaques, and future mailboxes, mail stations, and address plaques, and any replacements thereof, shall be in conformity with existing standards, as reasonably determined by the Committee.
2.15 Antennae. Except as expressly provided below, no exterior radio or antennae or aerial or satellite dish or disc, may be erected, maintained or placed without the prior written approval of the Committee; provided, however, that: (a) an antenna designed to receive direct broadcast services, iQc home satellite services, that are one meter or less in diameter; television fixed services, and local multipoint distribution s diameter or diagonal measurement; or (c) an antenna that is designed to receive (a) through (c) are referred to herein as the “Pe reasonable requirements as to location and sere y be set forth in rules adopted by the Comunittee, consistent with applicable law, d inimize obtrusiveness as viewed from streets and adjacent property.
2.16 Location of Peyfy ag. A Permitted Antenna may be installed solely frtrpon any street, Common Area, or any other portion y be installed in a location on the Lot from which an acceptable quality signal pained and where least visible from the street and the Cds visible by the Committee are as follows: tterfhe back of the residence constructed on the Lot, with no part of the
Cds visible by the Committee are as follows: tterfhe back of the residence constructed on the Lot, with no part of the higher than the lowest point of the roofline and screened from view of of the Property. A Permifté adjacent Lots and the street.
The Committee may, from time to time, modify, amend, or supplement the rules regarding installation and placement of Permitted Antennas.
11 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 of 43 Satellite dishes one meter or less in diameter, e.g., DirectTV or Dish satellite dishes, are permitted, HOWEVER, Owners are required to comply with the rules regarding installation and placement. These rules and regulations may be modified by the Committee from time to time. Please contact the Committee for the current rules regarding installation and placement.
2.17 Signs. No sign of any kind may be displayed to the public view on Lot without the prior written approval of the Committee, except for: (a) | Signs which are part of the Declarant’s overall marketing or cope activities for the Property; (b) “For Sale” signs on a Lot placed thereon by the O (c) permits as may be required by legal proceedi (d) permits as may be required by any go (e) political signs may be erected providedN 90 day before the date of the election to which i 10 day after the date of the election to hic include any of the components or ch.
Property Code are prohibited; on the front door to the residence constructed on 2 twenty-five (25) square inches; and with other religious items on the entry door or door frame of the enty-five (25) square inches.
are prohibited; on the front door to the residence constructed on 2 twenty-five (25) square inches; and with other religious items on the entry door or door frame of the enty-five (25) square inches.
Property for residential purposes, the Committee must approve any tank used or proposed in connection with a single-family residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool filter tanks. No elevated tanks of any kind may be erected, placed or permitted on any Lot without the advance written approval of the Committee. All tanks must be screened so as not to be visible from any other portion of the Property. This provision will not apply to a tank used to operate a standard residential gas grill.
12 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 of 43 2.19 Temporary Structures. No tent, shack, or other temporary building, improvement, or structure may be placed upon the Property without the prior written approval of the 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 with the prior approval of Declarant, approval to include the nature, size, duration, and location of such structure. Any outbuilding permitted hereunder may not be used for habitation, no window heating or air conditioning unit may be installed to serve any permitted outbuilding, and no utilities, including electricity, gas, cable, or te may be extended to serve any permitted outbuilding. The Committee will b, determine, in its sole and absolute discretion, whether an outbuilding construgte
es, including electricity, gas, cable, or te may be extended to serve any permitted outbuilding. The Committee will b, determine, in its sole and absolute discretion, whether an outbuilding construgte or from public or private thoroughfares. Without limiti trailers, graders, trucks other than pickups, boats or other 2 wagons, buses, motorcycles, motor scooters, all dnd garden maintenance ctual use, in enclosed structures or or on any automobile (other than minor e structures. Notwithstanding the forgoin motorized mini-bikes may not be used_on.th Property. Lot Owners shall nok Kort visible from any other portig o (2) automobiles in such manner as to be for any period in excess of seventy-two (72) hours. Service areas, storag piles shall be appropriately screened from view, and no lumber, grass, pl or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stq alidwed to accumulate on any portion of the Property except within enclosed structares.oMappropriately screened from view. No: (i) racing vehicles; or (ii) ato be visible from any other portion of the Property for any period in excess 8) consecutive hours during each three (3) month period.
No garage may be permanently enclosed or otherwise used for habitation unless approved in advance by the Committee.
2.21 On Street Parking; Use of Common Area. No vehicle may be parked on any road or street within the Property for more than twenty-four (24) hours unless in the event of an emergency. “Emergency” for purposes of the foregoing sentence shall mean an event which jeopardizes life or property. “Parked” as used herein shall be defined as a vehicle left 13 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - Page 18 of 43
operty. “Parked” as used herein shall be defined as a vehicle left 13 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - Page 18 of 43 unattended by a licensed operator for more than thirty (30) consecutive minutes. Except as otherwise designated by Declarant or the Board, motor vehicles including, but not limited to, mini-bikes, snowmobiles and motorcycles, may not be driven on the Common Area by any Owner, occupant or guest.
2.22 Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes may be parked or placed on any Lot or used as a residence, either temporary or permanent, at any time.
2.23 Basketball Goals; Permanent and Portable. Permanent basketball $e permitted to be placed on any Lot. Portable basketball goals are permitted.
must be properly maintained and painted, with the net in good repair. All kaské sgals must be approved by the Committee prior to being placed on any Lot.
2.24 Compliance with Restrictions. Each Owne and all Improvements thereon in a safe, clean and sanitary order and repair. Each Owner, Resident, and their famil and the guests, invitees, and licensees of the precedi of the Restrictions, the Declaration and Bylaws as be amended from time to time.
Failure to comply with any of the Restrictions will result in a fine against the Owner or Resident in g and will give rise to a cause of action to pdition and in good of a residence, tenants, dpe to) remedy or attempt to remedy any éns, and the Owner whose violation has been so Lot or Improvements located thereon after giving the days written notice to cure any maintenance problems or to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot will be secured
t or Improvements located thereon after giving the days written notice to cure any maintenance problems or to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot will be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in this Declaration for the collection of Assessments; provided, however, no such lien shall be subject to nonjudicial foreclosure. Each such Owner will indemnify and hold harmless the Association and its officers, directors, committee members, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association’s acts or activities under this section (including any cost, loss, damage, 14 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 19 of 43 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 reason of the Association’s gross negligence or willful misconduct. “Gross negligence” as used herein does not include simple negligence, contributory negligence or similar negligence short of actual gross negligence.
2.25 Liability of Owners for Damage to Common Area. No Owner or Resident may in any way alter, modify, obstruct, add to, store items in or on or otherwise perform ai upon the Common Area without the prior written approval of the Board. Each Ow terms, or provisions contained in the Declaration.
one or more of such restrictive covenants, term: validity and enforceability thereof and, by acqu} therefrom. oS 2.27 Inis;* layscapes. No tennis, recreational or sport
s contained in the Declaration.
one or more of such restrictive covenants, term: validity and enforceability thereof and, by acqu} therefrom. oS 2.27 Inis;* layscapes. No tennis, recreational or sport courts shall be constructed ongap p expressly approved by the Committee. The Committee may prohibit th¢ altagre a tennis, recreational or sport court on any Lot.
Playscapes or any similar {onal facilities may not be constructed on any Lot without the advance written approva 2.28 A constructed u onstruction; Additional Restrictions. No Improvements may be ithout the prior written approval of the Committee. Without no Owner shall erect or permit to be erected on any Lot any fence, court or other outdoor game court, storage shed or other exterior dr improvement, without the prior written consent and design approval of . Use. All Lots, unless dedicated to the Association as Common Area, must be improved and used solely for single family residential use, inclusive of one private garage, in accordance with Section 2.11 herein, for each residence constructed thereon, fencing and such other Improvements as are necessary or customarily incident to residential use and that are in accordance with this Declaration. Each residence within the Property shall be occupied by no more persons than the maximum permitted by law. No commercial, industrial, recreational or professional activity not permitted by the present zoning or other applicable laws or 15 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 20 of 43 ordinances, shall be pursued on any Lot at any time. No Owner shall permit his Lot to be used or occupied for any prohibited purpose. This Section 2.29 shall in no event be interpreted to
age 20 of 43 ordinances, shall be pursued on any Lot at any time. No Owner shall permit his Lot to be used or occupied for any prohibited purpose. This Section 2.29 shall in no event be interpreted to prevent Declarant from exercising any right reserved in the Declaration for the benefit of the Declarant and/or Declarant’s marketing, sales, development or improvement of the Property or any portion thereof.
2.30 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that:\(i) all rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (otf entire Lot) may be rented. Regardless of whether or not expressed in the appli be deemed expressly assignments and renewals a lease ofa an Owner shall provide Q reement and furnish the names of the ‘ maintenance, which in any removal of any Improvemey Committee. Except as o permit to be performed terior appearance of any Improvement or the ed only with the prior written approval of the require access to, ove the Common Areas without the prior consent of the fergency. No Owner shall perform or permit to be performed s Lot or Improvement, which work may require access to, over or such Owner without the prior consent of the Lot Owner or the releases of the Board, Committee, and the Association for all claims that such person may assert in connection with such work; (b) indemnities of the Board, Committee, and the Association, holding each and all of them harmless from and against any claims asserted for loss or damage to persons or property, including, but not limited to, Common Areas or other Lots; (c) certificates of insurance, including liability and workmen’s compensation 16
y claims asserted for loss or damage to persons or property, including, but not limited to, Common Areas or other Lots; (c) certificates of insurance, including liability and workmen’s compensation 16 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 21 of 43 coverage, in amounts and with companies reasonably acceptable to the Board; and (d) all other information and protections which the Board may reasonably require.
2.32 Construction Activities. This Declaration may not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. No os course of construction upon any Lot there is excessive accumulation of debris\Qha would render the Lot or any portion thereof unsanitary, unsightl debris to be removed, and the Owner of the Lot will be connection therewith.
No ‘cfotheslines and no outdoor perty, nor shall anything be hung, de, if visible from the outside) or 2.33 Clotheslines; Window Air Condit clothes drying or hanging shall be permitted withj painted or displayed on the outside of the wi Ss.
placed on the outside walls or outside sufeat any of the residence, except holidayrelated items, and no awnings, canopies or | be affixed or placed upon the exterior walls or roofs of residences, or any p T r relocated or extended, without the prior written consent of the Committeé> Wi Ww onditioners are prohibited.
2.34 Dumping. the Property shall be used or maintained as a dumping ground for rubbish, tras Declarant (in connect are kept in sanitar containers for estriction on Use of Common Area. The Board may prohibit or restrict the use
shall be used or maintained as a dumping ground for rubbish, tras Declarant (in connect are kept in sanitar containers for estriction on Use of Common Area. The Board may prohibit or restrict the use Area from time to time, on a non-discriminatory basis, if and to the extent 2.36 Declarant Exemption. The provisions of this Article are intended to restrict certain uses that may be harmful or affect the ambience or aesthetic appeal of the Property; the restrictions are not intended to prohibit the Declarant from (i) performing such work as may be necessary for the marketing, sale, development, or improvement of Property, or any portion thereof, or exercising any right reserved by Declarant under this Declaration to facilitate the marketing, sale, development or improvement of the Property or any portion thereof. The 17 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 of 43 restrictions in this Article shall not be binding on Declarant in the performance of any work required in order to complete construction of the Property, or any portion thereof.
ARTICLE 3.
BROUGHTON MAINTENANCE ASSOCIATION, INC.
3.01 Organization. The Association is a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers of a Texas ngrf\profit corporation. Neither the Articles nor Bylaws will for any reason be amended of,o ise changed or interpreted so as to be inconsistent with this Declaration.
3.02 Membership.
not be severed from the ownership of the Lot, or in any wa alienated, except together with the title to such rw If you acquire a Lot you meme becom Mandatory!
(b) Within thirty (3QP plays d provide the Association with to the Lot.
hip of the Lot, or in any wa alienated, except together with the title to such rw If you acquire a Lot you meme becom Mandatory!
(b) Within thirty (3QP plays d provide the Association with to the Lot.
(c) Every Me e a right and easement of enjoyment in and to all of the Common Area and apf accé ment by and through any Common Area, which easements will be appurtenant {o Gey) 1 pass with the title to such Member's Lot, subject to the following restrictions andféSerkations; (Me right of the Board to suspend the Member's right to use the Common Area for any period during which any Assessment against such Member's Lot remains past due and for any period during which such member is in violation of any provision of this Declaration; (ii) The right of the Board to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for any purpose; (iii) The right of the Board to make reasonable rules and regulations regarding the use of the Common Area and any Improvements thereon; and (iv) The right of the Board to contract for services with any third parties on 18 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 23 of 43 such terms as the Board may determine.
3.03 Governance. The Board will consist of at least three (3) persons elected at the annual meeting of the Association, or at a special meeting called for such purpose.
Notwithstanding the foregoing provision or any provision in this Declaration to the contrary, until one hundred and twenty (120) days after the 10% anniversary of the date the Original Declaration was recorded, Declarant will appoint and remove all members of the Board. Within
to the contrary, until one hundred and twenty (120) days after the 10% anniversary of the date the Original Declaration was recorded, Declarant will appoint and remove all members of the Board. Within one hundred and twenty (120) days after the 10% anniversary of the date the ONginal (a) | The Owner of each Lot will have one of the re-subdivision of any Lot into two or more (1) Assessments Unit. In the event of construction of a single reside g rights and Assessments will continue to be al Lots contained in such consolidated Lot.
(b) 6n or entity owns a portion of the fee simple interest in related solely to the nrineraNinterést), all such persons or entities will be Members. The vote or votes (or fraction thy dof) fprjsuch Lot will be exercised by the person so designated in writing to the Secretar g gation by the Owner of such Lot, and in no event will the vote for such Lofexc votes to which such Lot is otherwise entitled under this Section 3.04 by th the Iaws“of Texas or this Declaration. Without in any way limiting the generality of the two preceding sentences, the Board, acting on behalf of the Association, will have the following powers at all times: (a) Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend from time to time, or repeal and re-enact, such rules, regulations, and Bylaws not in conflict with this Declaration, as it deems proper, covering any and all aspects of the Property 19 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 24 of 43 (including the operation, maintenance and preservation thereof) or the Association.
0841 v11 52918-18 BROUGHTON AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 24 of 43 (including the operation, maintenance and preservation thereof) or the Association.
(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 affairs, and to make such books and records, together with current copies of the Restrictions available for i by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon re normal business hours.
(d) Assessments. To levy and collect assessments and to deteérm!
Units, as provided in Article 5 below.
(e) Right of Entry and Enforcement. To enter g emergency (or in the case of a non-emergency, after thirty, without being liable to any Owner or Resident, upon any facility to conform to this Declaration or the Dé ~ The reasonable expense incurred by the Association in connection with the en son any Lot and the maintenance and pbligation of the Owner of the Lot nent. The Association will have the so entered, and may be levied as an In power and authority from time to time, in if of and on behalf of any Owner who cg suits to enforce, by mandatory eins threatened breach of the Réstri authorized to expend any, i ds for the purpose of bringing suit against Declarant, Association is also authorized to settle claims, enforce liens ACTIO 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 REASON OF THE ASSOCIATION’S GROSS
CTIO 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 REASON OF THE ASSOCIATION’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. “GROSS NEGLIGENCE” DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
20 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 25 of 43 (f) Legal and Accounting Services. To retain and pay 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, or rights-of-way, in, on, over, or under any Common Area for the purpose of constructing, erecting, operating or maintaining the following: (i) Parks, parkways or other recreational facilities or structures; (ii) | Roads, streets, sidewalks, signs, street lights, walks, driv, tra d paths; (iii) Lines, cables, wires, conduits, pipelines or T or utility purposes; (iv) Sewers, water systems, storm water drainage ems, sprinkler systems and pipelines; and/or (v) | Any similar improvements or f Nothing set forth above, however Improvement or other facility in a wa restrictions imposed by the Restrictions oh olate applicable use and occupancy mental authority.
by the Board. Additiona ane be employed directly by the Association or may be furnished by the Manag ach\contract entered into between the Association and the Manager will be terminab \ the“Association without cause upon sixty (60) days written notice to the Manag tent permitted by law, the Board may delegate any other
d into between the Association and the Manager will be terminab \ the“Association without cause upon sixty (60) days written notice to the Manag tent permitted by law, the Board may delegate any other duties, powers and os to the Manager. THE MEMBERS HEREBY RELEASE THE ASSOCIATIQH_A —E MEMBERS OF THE BOARD AND COMMITTEE MEMBERS FROMAJAB8IWGT ANY OMISSION OR IMPROPER EXERCISE BY THE MANAGER OFA , POWER OR FUNCTION SO DELEGATED.
and/or Common Area, private or public recreational facilities, easements, roads, roadways, rights of ways, signs, parks, parkways, median strips, sidewalks, paths, trails, ponds, and lakes.
(j Other Services and Properties. To obtain and pay for any other property and services, and to pay any other taxes or assessments that the Association or the Board is required or permitted to secure or to pay for pursuant to applicable law (including the Texas Non-Profit Corporation Act) or under the terms of the Restrictions or as determined by the Board.
21 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 26 of 43 (k) Construction on Common Area. To construct new Improvements or additions to any property owned, leased, or licensed by the Association, subject to the approval of the Board.
(1) Property Ownership. To acquire, and own real and personal property, whether by grant, lease, easement, gift or otherwise.
3.06 Acceptance of Common Area. The Association may acquire, hold, andétispose of any interest in tangible and intangible personal property and real property. iti grounds located in public easements or right of way, will be dedicated by & in fee simple ownership interest to the Association. Specifically, and ne Declarant may reserve from such transfer and conveyance 100% of
ed in public easements or right of way, will be dedicated by & in fee simple ownership interest to the Association. Specifically, and ne Declarant may reserve from such transfer and conveyance 100% of Common Area, and the right to retain bonuses, rentals o estate of the Common Area. In addition, Declarant and its the Association interests in real or personal proper the Property and the general public, and the AX conveyances.
3.07 Indemnification. To the fay itted by applicable law but without duplication (and subject to) any rights or benefit! g under the Articles or Bylaws of the Association, the Association will inden# son who was, or is, a party, or is threatened to be made a party to any threayéhed D gr completed action, suit or proceeding, whether civil, criminal, administrative’ of ixve e/y reason of the fact that he is, or was, a director, a athed by the Board or a court of competent jurisdiction that ajith abr 4 manner he reasonably believed to be in, or not opposed to, AY gciation, or (2) with respect to any criminal action or proceeding, ause torbelieve his conduct was unlawful. The termination of any action, the contrary, in no event will the Association indemnify Broughton Limited Partnership, Evermore Corp., The David Bagwell Company, David S. Bagwell, Susan Bagwell, William Dale Crane, Cindy Brazil, Taylor Steele, or any employee or owner of Broughton Limited Partnership, Evermore Corp., The David Bagwell Company, or any entity in which David S.
Bagwell, Susan Bagwell, William Dale Crane have an ownership interest (each and collectively, the “Bagwell Parties”), unless expressly approved in advance and in writing by the Board after the date this Declaration has been recorded in the Official Public Records of Tarrant County, ae
ctively, the “Bagwell Parties”), unless expressly approved in advance and in writing by the Board after the date this Declaration has been recorded in the Official Public Records of Tarrant County, ae AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 27 of 43 Texas, and provided further that if any of the Bagwell Parties is a Board member, such Board member may in no event cast a vote, or participate in, any such approval. Notwithstanding the foregoing sentence, the Board shall in no event have the authority to consent to indemnify any of the Bagwell Parties for a period commencing on the date Declaration has been recorded in the Official Public Records of Tarrant County, Texas until the expiration of thirty days after the Member Election Meeting without the consent of 51% of the Members.
3.08 Insurance. The Board may purchase and cause to be maintained, at the@Xpense of the Association, insurance on behalf of any person who is acting as a dire against Declarant, or which would be detriment improvement of Lots owned by Declarant. Declar and absolute discretion, whether any such action dis and services as that provided immediate!
Owners other than Declarant until the expi Period.
CLE 4.
NSURANCE 4.01 Insurance.S} necessary. Insurance premiums for such policies will be a common ded in the assessments levied by the Association. The acquisition of e Association will be without prejudice to the right and obligation of any Owner ional individual insurance. During the Development and Sale Period, Declarant reserves the right to satisfy the insurance obligations of the Association with a master insurance program controlled by Declarant.
ARE YOU COVERED?
. During the Development and Sale Period, Declarant reserves the right to satisfy the insurance obligations of the Association with a master insurance program controlled by Declarant.
ARE YOU COVERED?
The Association will not provide insurance which covers an Owner's Lot or any Improvements or personal property located on a Lot.
23 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 28 of 43 4.02 Restoration. In the event of any fire or other casualty, the Owner will 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 will be commenced and completed in a good and workmanlike manner using exterior materials identical to those originally used in the structures damaged or destroyed. To the extent that the Owner fails to commence such 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 clea debris resulting from any damage within thirty (30) calendar days after written ng damage, the Association may commence, complete or effect such repgi replacement or clean-up, and such Owner will be personally liable to the Assgeda or administrative or public body or tribunal from commencing replacement or clean-up, the rights of the Association under thi pay such cost upon demand by the Association, the cost there terest from the date of demand until paid at the maximum lawful rate, or if there is h akimum lawful rate, than
f the Association under thi pay such cost upon demand by the Association, the cost there terest from the date of demand until paid at the maximum lawful rate, or if there is h akimum lawful rate, than at the rate of one and one-half percent (112%) per mv shall belewéd against the Owner and the Owner’s Lot as an Individual Assessment. EA SUCH OWNER HEREBY RELEASES THE ASSOCIATION AND ITS OFFICERS S, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FROM A DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCUR AT MAY ARISE BY REASON OF THE ASSOCIATION’S ACTS OR ACTIVIT IS SECTION 4.02, EXCEPT FOR SUCH LAIM OR COST OF ACTION ARISING GROSS NEGLIGENCE OR WILLFUL ote ” AS USED HEREIN DOES NOT INCLUDE B RY NEGLIGENCE OR SIMILAR NEGLIGENCE ENCE.
BY REASON OF THE MISCONDUCT. “GRO SIMPLE NEGLIGENCE, aterialmen’s Lien. Each Owner whose structure is repaired, up by the Association pursuant to the rights granted under this e Association an express mechanic’s and materialmen’s lien for the repair, restoration, or replacement of the damaged or destroyed repair,“xestOration or replacement, such Owner will execute all documents sufficient to effectuate such mechanic’s and materialmen’s lien in favor of the Association.
24 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 29 of 43 ARTICLE 5.
COVENANT FOR ASSESSMENTS 5.01 Assessments.
(a) Assessments established by the Board will be levied against each Lot in accordance with this Article 5.
continuing lien against the Lots upon which each such Assessment4 Assessments in ay only be enforced by the Assessment is made. The Association may enforce accordance with the provisions of this Article. Assessme
ien against the Lots upon which each such Assessment4 Assessments in ay only be enforced by the Assessment is made. The Association may enforce accordance with the provisions of this Article. Assessme judicial foreclosure.
5.02 Maintenance Fund. The Board will est a maintenance fund into which will be deposited all monies paid to the Association 91 ich disbursements will be made in Association must be used solely for purpo provision for consideration sufficié ays eStimated net expenses will then be levied at the level of Assessments set bythe BoardN sole and absolute discretion, and the Board’s determination will be final and bin py as it is made in good faith. If the sums collected prove inadequate for any reason, I g nonpayment of any individual Assessment, the Association may at any time, and fro ime to time, levy further Assessments in the same manner. All such regular Assessments will be due and payable to the Association quarterly on or before the first day of each calendar quarter beginning January 1* of each year, or in such other manner as the Board may designate in its sole and absolute discretion.
5.04 Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board’s opinion such 25 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 30 of 43 special Assessments are necessary to enable the Board to carry out the functions of the Association under this Declaration. The amount of any special Assessments will be at the reasonable discretion of the Board. In addition to the special Assessments authorized above,
e functions of the Association under this Declaration. The amount of any special Assessments will be at the reasonable discretion of the Board. In addition to the 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 Common Area. Any special Assessment levied by the Association will be levied against all Owners baged on Assessment Units.
charges levied against the Association on a per-lo services to Lots provided through the Associatjefr?
according to the benefit received. on 5.06 Amount of Assessment.
Board shall levy Assessments against Sections 5.03 and 5.04 shall be | ent Unit”. Assessments levied pursuant to Against each Assessment Unit allocated to a Lot.
sment is not paid by the due date applicable thereto, ay be required by the Board, at the Board’s election at (© pay a late charge in such amount as the Board may arse Aand any reasonable handling costs) will be levied as an gt the Lot owned by such Owner.
igation for Payment of Assessments. Assessments levied Ywill be the personal and individual debt of the Owner of the Lot against ch Assessments. No Owner may exempt himself from liability for such 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.
5.09 Assessment Lien and Foreclosure. The payment of all sums assessed in the
he rate of 1 and 1/2% per month), together with all costs and expenses of collection, including reasonable attorneys fees.
5.09 Assessment Lien and Foreclosure. The payment of all sums assessed in the manner provided in this Article is, together with late charges as provided in Section 5.07 and interest as provided in Section 5.08 hereof and all costs of collection, including attorney's fees as 26 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 31 of 43 herein provided, secured by the continuing Assessment lien granted to the Association pursuant to Section 5.01(b) above, and will bind each Lot in the hands of the Owner thereof, and such Owner's heirs, devisees, personal representatives, successors or assigns. The Assessment lien provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon a Lot subject to Assessment. The Association will have the power to subordinate the aforesaid Assessment lien to any other lien. Such power will be entirely discretionary with the Board, and such subordination may be signed by an officer, of the enforceability of the Assessment lien granted hereunder, prepare a written notice o lien setting forth the amount of the unpaid indebtedness, the name of the O Texas. Each Owner, by accepting a deed or ownership interest £ Declaration will be deemed conclusively to have granted a pgsmet of by judicial foreclosure. In any foreclosure proce bid (in cash or by credit against the amoun or other legal sale and to acquire, hol same. Upon the written re Mortgagee any unpaid Asses same are due. The lien heze € Association will have the power to e lien) on the property at foreclosure
oun or other legal sale and to acquire, hol same. Upon the written re Mortgagee any unpaid Asses same are due. The lien heze € Association will have the power to e lien) on the property at foreclosure age, convey or otherwise deal with the y MMoragee, the Association will report to said unpaid for longer than thirty (30) days after the é affected by the sale or transfer of any Lot; except, e of any first-lien Mortgage securing indebtedness incurred to acquire such I xe lten Yor any Assessments that were due and payable before the sufe sale only to the extent that funds are available after the ess secured by the first lien Mortgage. The provisions of the Ot, however, relieve any subsequent Owner (including any Mortgagee or oth ¢ foreclosure sale) from paying Assessments becoming due and payable ¢ sale. Upon payment of all sums secured by a lien of the type described in , the Association will upon the request of the Owner execute a release of lien relat ény lien for which written notice has been filed as provided above. Such release will by an officer of the Association. Except as otherwise provided by applicable law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such Owner’s transferee from liability for any Assessments thereafter becoming due or from the lien associated therewith. If an 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 will pay such amounts to the Association out of the sales price of the Lot, and such sums will be paid in preference to any other charges against the Lot other than a 27
such amounts to the Association out of the sales price of the Lot, and such sums will be paid in preference to any other charges against the Lot other than a 27 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 32 of 43 first lien Mortgage or Assessment Liens and charges in favor of the State of Texas or a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner conveying such Lot will remain personally liable for all such sums until the same are fully paid, regardless of whether the transferee of the Lot also assumes the obligation to pay such amounts. The Board may adopt a transfer fee to cover the expenses associated with updating the Association’s records upon the transfer of a Lot to a third party.
5.10 Exempt Property. The following area within the Property will be exe from the Assessments provided for in this Article: (a) All area dedicated and accepted by public authority, by the x sion appropriate document in the Official Public Records of Tarrant County, Texag; (b) The Common Area.
es“against an Owner uidelines, or any rules 5.11 Fines and Damages Assessment. The Boar for violations of any restriction set forth in this Declaration, adopted by the Board which have been committed by an Lot, or the Owner or occupant’s family, guests, emplo}ees, con rs, agents or invitees. Any fine and/or charge for damage levied in accordanceNwi this section will be considered an violation continues after written notice t against an Owner for pecuniary loss to the ager will have authority to send notices to ations and asking them to comply with the rules ent of fines and damage charges will be as follows: Co , acting through an officer, Board member or Manager, must give
have authority to send notices to ations and asking them to comply with the rules ent of fines and damage charges will be as follows: Co , acting through an officer, Board member or Manager, must give fine or damage charge not later than thirty (30) days after the damage charge by the Board; the Owner assessxnent (b) otice of the fine or damage charge must describe the violation or damage; the notice of the fine or damage charge must state the amount of the fine or damage charge; (d) the notice of a fine or damage charge must state that the Owner will have thirty (30) days from the date of the notice to request a hearing 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, 28 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 33 of 43 | to cure the violation (if the violation is capable of being remedied) and avoid the fine unless the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six (6) months.
Fine and/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 will be due immediately 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 again; will be enforced in accordance with the terms and provisi assessments pursuant to this Article 5.
ARTICLE 6 6.01 Construction of Improvements. RrOvement may be erected, placed,
si assessments pursuant to this Article 5.
ARTICLE 6 6.01 Construction of Improvements. RrOvement may be erected, placed, approval of the Committee.
6.02 Architectural Control | : . During the Development and Sale Period, the Committee shall mean Dechitattt Yeslenee, and neither the Association or the Board, nor a committee appointed e fation or the Board (no matter how the committee is val of any Improvements. Declarant may designate farted or progressed without the prior written approval of the ay be granted or withheld at the Committee’s sole discretion. In reviewing ang a An application for approval, the Committee owes no duty to any other no Improvements Committee, whje under this-Article to an architectural control committee appointed by the Board or a committee comprised of architects, engineers, or other persons who may or may not be members of the Association. Any such delegation must be in writing and must specify the scope of delegated responsibilities. Any such delegation is at all times subject to the unilateral rights of Declarant to: (a) revoke such delegation at any time and reassume jurisdiction over the matters previously delegated; and (b) to veto any decision which Declarant in its sole discretion determines to be inappropriate or inadvisable for any reason.
29 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 34 of 43 (b) Compensation; Fee for Review. No member of a Committee shall be entitled to compensation for its services; provided that the Committee may charge a reasonable fee (no more than $250.00 per submission) to cover its costs in reviewing any plans and inspecting a Lot
entitled to compensation for its services; provided that the Committee may charge a reasonable fee (no more than $250.00 per submission) to cover its costs in reviewing any plans and inspecting a Lot and/or Improvements constructed thereon, which fee shall be paid by an Owner to the Association at the time of submission of plans to the Committee for review and approval. No additional fee may be charged for re-submissions of plans previously submitted to the Committee for approval.
6.03 Architectural Control by Association. Unless and until such time j delegates all or a portion of its reserved rights to the Board, or the Development a hereunder.
(a) persons appointed by the Board, pursuant to the ACC serve at the pleasure of the Board and mayNge\emoved and replaced at the Board’s discretion. At the Board’s option, the Board may Q ENACC, in which case all references in the Documents to the ACC will be consn eS to yn¢é be Owners or Residents, and may but professionals whose compensation, if an and specifications shall include engineering information, landscaping description, and construction plans showing the location and elevations of the proposed residence, accessory building or other structure and the materials to be used in constructing the same, all in sufficient detail to enable the Committee to evaluate the proposed residence, accessory building or other structure. The Committee may request additional information, including samples of proposed materials to aid it in its decision process. After receipt of a complete set of plans and specifications, the Committee shall promptly review the same and notify the Owner submitting 30 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 35 of 43
ittee shall promptly review the same and notify the Owner submitting 30 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 35 of 43 whether it approves the plans or whether it requires changes thereto. Alternately, the Committee may disapprove a set of plans by so noting thereon and returning it to the Owner submitting, accompanied by a statement of the reasons for disapproval. No construction shall be commenced on any portion of any Lot within the Property unless and until the plans for the residence, accessory building or other structure in question have been approved in writing by the Committee.
(b) Time for Review/Approval. The Committee shall approve or disappt plans properly submitted to it for construction within fifteen (15) days after the dates (c) Design Guidelines/Building Standards. The C to, from time to time, establish specific guidelines and b “Design Guidelines”) to assist Owners in determining the gnce, accessory building ation Wh av be constructed on a Lot ify such Design Guidelines from time or other structure, improvement, modification, or al within the Property. The Committee may amend or to time in its sole discretion. Such Design Guidglines shall be general guides to permitted constr pact OY authority of the Committee to approve plefs eryyise herein provided. Notwithstanding any provision to the contrary in the D (a) placement of any residen OHS building or other structure of any type on a Lot without gmed approval) from the Committee shall constitute grounds pmpmittee or the Association of an automatic fine against the Owner and No/100 Dollars ($50.00) per day (charged in accordance with ar ae which such Owner has either (i) obtained Committee approval (or deemed
e or the Association of an automatic fine against the Owner and No/100 Dollars ($50.00) per day (charged in accordance with ar ae which such Owner has either (i) obtained Committee approval (or deemed ch or construction, replacement, installation or placement of the offending accessory building(s) or other structure(s) and restored its Lot to substantially the same condition as existed prior to commencement of such construction, replacement, installation or placement thereof. A fine levied under this Section shall be charged to the Owner’s assessment account, payable upon demand and secured by the Assessment Lien created in this Declaration.
(e) Limitation of Liability. Neither the Declarant, its officers, directors, partners, agents, employees, representatives, parent or subsidiaries, nor the Association, its directors, 31 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 36 of 43 officers, agents, employees, or representatives nor any Committee, including any of its respective members, shall be liable to any person or entity for any official act of an applicable Committee in connection with submitted plans and specifications. Notwithstanding any approval by the Declarant or the Committee, neither Declarant nor a Committee shall be responsible or liable to any person or entity with respect to any loss, liability, claim or expense which may arise by reason of such approval or the construction of a residence, accessory building or other structure on a Lot. Neither Declarant, the Association, the Board, the Committee shall be responsible in any way for any defects in any plans or specifications submitted, reviewed or approved in accordance with the provisions of this Declarg for
sociation, the Board, the Committee shall be responsible in any way for any defects in any plans or specifications submitted, reviewed or approved in accordance with the provisions of this Declarg for liability for decisions made by them regarding the the decisions are made in good faith and are not discr tory, arbitrary, or capricious (f) Variances. The Committea, provisions of the Design Guidelines or thi upon the height, size, shape, floor areas, Jang §, Declaration or the Design Guidelines will be deemed to have atter for which the variance was granted. The granting of such o waive or amend any of the terms and provisions of this Declaration es for any purpose except as to the particular property and in the ARTICLE 7.
MORTGAGE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots within the Property.
7.01 Notice of Action. An institutional holder, insurer, or guarantor of a first 32 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 37 of 43 ee Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Lot to which its Mortgage relates (thereby becoming an “Eligible Mortgage Holder”), 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, insured, or guaranteed by such Eligible Mortgage Holder; (b) Any delinquency in the payment of assessments or charges owed (c) | Any lapse, cancellation, or material modifjeé maintained by the Association.
ed, or guaranteed by such Eligible Mortgage Holder; (b) Any delinquency in the payment of assessments or charges owed (c) | Any lapse, cancellation, or material modifjeé maintained by the Association.
7.02 Examination of Books. The Association willp books and records of the Association during norma ness ho 7.03 Taxes, Assessments and Charges become liens prior to first lien mortgages aider applicable, law will relate only to the individual Lots and not to any other portion of the BN RR : 1 , OVISIONS 8.01 Term. O ts, conditions, restrictions, easements, charges, and liens set out in this Declaration wn with and bind the Property, and will inure to the benefit Soritatives Ni this Declaration_is Coedde in the Official Public Records of Tarrant County, Texas, and e Association; provided, however, that such change will be effective only upon the redarding of a certified copy of such resolution in the Official Public Records of Tarrant County, Texas. Notwithstanding any provision in this Section 8.01 to the contrary, if any provision of this Declaration would be unlawful, void, or voidable by reason of any Texas law restricting the period of time that covenants on land may be enforced, such provision will expire twenty one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England.
8.02 Eminent Domain. In the event the Association holds title to the Common Area 33 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 38 of 43 and it becomes 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
age 38 of 43 and it becomes 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 will be held by the Association for the benefit of the Members. In the event any proceeds attributable to acquisition of Common Area are paid to Members, such payments will be allocated,on the the Board, the Association, or the other Owners, may without the joinder or vote of any other party if such ame provision into compliance with any applicable governmental e, regulation, or judicial determination; (ii) to enable any reputable title iy any to issue title insurance coverage on any Lot; (iii) to enable any institutional dx gavernmental lender, purchaser, insurer essary: (i) to bring any or guarantor of mortgage loans, including, for 2x2 Corporation, to make, purchase, insure o with any requirements promulgated by 2 example, the Department of Housing a owns any Lot within the Proper by the recording in executed and ackno blic Records of Tarrant County, Texas, of an instrument e president and secretary of the Association setting forth the ished such right by written instrument recorded in the Official Public ty, Texas) and Members entitled to cast at least sixty-seven percent 8.04 Roadway and Utility Easements. Declarant reserves the right to locate, relocate, construct, erect, and maintain or cause to be located, relocated, constructed, erected, and
st sixty-seven percent 8.04 Roadway and Utility Easements. Declarant reserves the right to locate, relocate, construct, erect, and maintain or cause to be located, relocated, constructed, erected, 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 access to the same at any time for the purposes of repair and maintenance.
34 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 39 of 43 8.05 Enforcement. The Association or Declarant will have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, 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 will not constitute a waiver of the right to enforce such right, provision, covenants or condition in the future.
8.06 Higher Authority. The terms and provisions of this Declaration are subér¥inate to fecleral and state law, and local ordinances. i as applied to any other person or entity.
8.08 Conflicts. If there is any conflict be Articles, the Bylaws, or any rules and regulatior documents, the provisions of this Declaration will 8.09 Gender. Whenever the co: will be deemed to include the female or available to the Association within said period, then the period will be extended until such information will be made available.
l 8.09 Gender. Whenever the co: will be deemed to include the female or available to the Association within said period, then the period will be extended until such information will be made available.
(c) In the event that it should be determined by the Board that the damage or destruction of the Common Area will not be repaired and no alternative Improvements are authorized, then the affected portion of the Common Area will be restored to its natural state and maintained as an undeveloped portion of the Common Area by the Association in a neat 35 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 40 of 43 and attractive condition.
(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, the Board will levy a Special Assessment, as provided in Article 5, 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 proceeds of insurance policies are paid to O deeds of trust on their Lots.
(f) In the event that any proceeds of insurance policies afte payments will be allocated based on Assessment Units and and the holders of first Mortgages or deeds of trust on their 8.11 Notices. Any notice permitted or required Declaration will be in writing and may be delivered 8.12 ¢ ANeit : that any view over and acre PN Yy open space within the Property will be preserved without impairment. De¢lavé dt ssociation shall have no obligation to relocate, prune, Ss SOF e Association (with respect to any Common Area) will Feesvan Other landscaping from time to time, subject to applicable law.
. De¢lavé dt ssociation shall have no obligation to relocate, prune, Ss SOF e Association (with respect to any Common Area) will Feesvan Other landscaping from time to time, subject to applicable law.
There shall be no e pes ys implied easements for view purposes or for the passage of light and air.
a ARTICLE 9.
EASEMENTS a ight of Ingress and Egress. Declarant, its agents, employees and designees will have a f ingress and egress over and the right of access to the Common Area to the extent necessary to use 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.
9.02 Reserved Easements. All dedications, limitations, restrictions and reservations shown on the Plat and all grants and dedications of easements, rights-of-way, restrictions and related rights made prior to the recording of this Declaration are incorporated herein by 36 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 41 of 43 reference and made a part of this Declaration for all purposes as if fully set forth herein, and will be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant. Declarant reserves the right to relocate, make changes in, and additions to said easements, rights of way, dedications, limitations, reservations and grants for the purpose of most efficiently and economically developing the Property.
9.03 Easements. Declarant hereby reserves unto itself and Declarant’s successors and assigns a perpetual non-exclusive easement over and across the Property for: (i) the inst€llation,
ng the Property.
9.03 Easements. Declarant hereby reserves unto itself and Declarant’s successors and assigns a perpetual non-exclusive easement over and across the Property for: (i) the inst€llation, operation and maintenance of utilities and associated infrastructure to serve the P, Nty\and will not extend to permitting entry into any resid the use of any Lot or residence or Improvement cons d thereon.
aad model home, together with such other facilities as may gnd marketing relating to the Property, to show model homes improvement, development, or sale of any Lot and/or home, or any portion thereof; (c) to maintain Improvements upon Lots as sales, model, management, business and construction offices; (d) to maintain and locate construction trailers and construction tools and equipment within the Property; and 37 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 42 of 43 | (e) | anon-exclusive easement to use and enjoy the Common Area for special events, promotional activities and grand opening celebrations. In connection with the hosting of special events, promotional activities and grand opening celebrations in the area, Declarant shall be permitted to have live entertainment, and any noise created therefrom shall not be deemed a nuisance and shall not cause Declarant and its representatives, agents, associates, employees, tenants and guests to be deemed in violation of any provision of the Restrictions.
10.02 Assignment of Declarant’s Rights. Notwithstanding any provisio this Declaration to the contrary, Declarant may, by written instrument, assign, in whole part, any of its privileges, exemptions, rights and duties under this Declaration
Notwithstanding any provisio this Declaration to the contrary, Declarant may, by written instrument, assign, in whole part, any of its privileges, exemptions, rights and duties under this Declaration entity and may permit the participation, in whole, in part, exclusively, or THE STATE OF TEXAS | COUNTY OF Jarran+ e this }2tk day of Ma veh, 2012 by of Toll Dallas TX LLC, a Texas limited 38 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 43 of 43 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 WESTMINSTER TITLE AGENCY 2557 SW GRAPEVINE PKWY, STE 100 GRAPEVINE, TX 76051 Filed For Registration: 3/13/2012 1630 A Instrument#: D212060962 OPR PGS $180.00 by PV gchouie Gan ei D21206096: ANY ISIO STRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY USE DFICOLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prepared by: SLDAVES