DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II RECITALS ...................................................................................................................................................................... !
DECLARATIONS ........................................................................................................................................................... 2 ARTICLE!
DEFINITIONS ................................................................................................................................................................ 2 1.1 Specific Definitions ............................................................................................................................ 2 1.2 ARTICLE2 Other Definitions ................................................................................................................................ 3 ARCHITECTURAL REVIEW ....................................................................................................................... .3 2.1 Architectural Review Committee ................................................................................................ .3 2.2 Plans and Specifications to ARC .................................................................................................. .4 2.3 ARC Review ............................................................................................................................... 4 2.4 ARC Discretion to Approve or Disapprove ................................................................................... 5 2.5 ARC Right to Inspect ................................................................................................................... 5
....................................................... 5 2.5 ARC Right to Inspect ................................................................................................................... 5 2.6 ARC Variances ........................................................................................................................... .5 2. 7 ARC Decisions Final.. .......................... • ..................................................................................... .5 2.8 No Liability ................................................................................................................................. 5 2.9 Number and Appointment of ARC Members ................................................................................. 6 2.10 Design Guidelines ........................................................................................................................ 6 2.11 Most Restrictive Instrument Applies .............................................................................................. 6 ARTICLE3 GENERAL RESTRICTIONS ............................................................................................................................................. 6 3.1 Single Family Residential Uses Only .................................................................................. ~ ................. 6 3.2 No Commercial Use ............................................................................................................................... 7 3 .3 Lease Restrictions .................................................................................................................................. 7
......................................... 7 3 .3 Lease Restrictions .................................................................................................................................. 7 3.4 NoMobileHomes .................................................................................................................................. 7 3.5 No Temporary Structures ....................................................................................................................... 7 3.6 No Subdividing ...................................................................................................................................... 7 3.7 Parking ................................................................. · ................................................................................. 7 3.8 Storage ofVehicles ................................................................................................................................ 8 3.9 No Drilling Operations by Owners Other than Declarant... .................................................................. 8 3.11 No Nuisance or Noxious Activity .......................................................................................................... 9
........................................ 9 3.14 fil&fil_ .................................................................................................................................................... 9 3.15 No Adverse Conditions .......................................................................................................................... 9 3.16 Insurance ................................................................................................................................................ 9 3.17 Property Ta,ces ....................................................................................................................................... 9 3 .18 Underground Utilities .......................................................................................................................... I 0 3.19 No Hunting/Firearms ........................................................................................................................... 10 3.21 Fireworks ............................................................................................................................................. 10 3.22 Permitted Hours for Construction Activities ....................................................................................... 10 ARTICLE4 CONSTRUCTION RELAIBD RESTRICTIONS ............................................................................................. 10
......................................................... 10 ARTICLE4 CONSTRUCTION RELAIBD RESTRICTIONS ............................................................................................. 10 4.1 Approved Builders ............................................................................................................................... 10 4.2 Minimum Construction Requirements ................................................................................................. I 0 4 .3 Accessory Improvements ..................................................................................................................... 11 4.4 Recreational Improvements ................................................................................................................. 11 4.5 Minimum Setback ................................................................................................................................ 11 4.6 Storage of Building Materials .............................................................................................................. 11 4.7 Construction Clean-up ......................................................................................................................... 11 4.8 Completion ofConstruction ................................................................................................................. 11 4.9 Air Conditioning .................................................................................................................................. 11 4.10 Lighting ................................................................................................................................................ 12
................................... 11 4.10 Lighting ................................................................................................................................................ 12 4 .11 Sound Devices ..................................................................................................................................... 12 4.12 Fences ................................................................................................................................................. .12 4.13 Lot Entries and Driveways ................................................................................................................... 12 4.14 Sewage Disposal.. ................................................................................................................................ 12 4.15 Drainage/ImpoundmentofSurface Water ........................................................................................... 12 4.17 Easements for Entryways ..................................................................................................................... 13 4.18 Building Codes ..................................................................................................................................... 13 4.19 Storage Tanks ....................................................................................................................................... 13 4.20 Mailboxes ............................................................................................................................................ .13
..................................... 13 4.20 Mailboxes ............................................................................................................................................ .13 4.21 Special Reguirements ........................................................................................................................... 13 ARTICLES MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION .............................................................. .13 5 .1 Control by the Declarant.. .................................................................................................................... 13 5.2 Membership and Voting ...................................................................................................................... 14 53 Suspension of Voting Rights ............................................................................................................... 14 5.4 Registration with the Association ........................................................................................................ 14 5.5 Management by Elected Board ............................................................................................................ 14 5.6 Professional Management.. .................................................................................................................. 15 5.7 Board Actions in Good Faith ............................................................................................................... 15 5.8 Inspection ofRecords .......................................................................................................................... 15 ARTICLE6 MAINTENANCE BY AND O1HERACTIVITIES OF ASSOCIATION .... : .................................................. .15
............................................................................ 15 ARTICLE6 MAINTENANCE BY AND O1HERACTIVITIES OF ASSOCIATION .... : .................................................. .15 6.1 Board Powers and Duties ..................................................................................................................... 15 6.2 Right ofEntry for Maintenance of Common Properties ..................................................................... .16 63 Right ofEntry to Cure Violations ofDeclaration ............................................................................... .16 6.4 Declarant Reimbursement.. .................................................................................................................. 16 6.5 Rules andRegulations .......................................................................................................................... 16 ARTICLE7 COVENANTFORASSESSMENT ................................................................................................................... 17 7.1 Creation of Lien and Personal Obligation of Assessment... ............................................................... .17 7.2 Purpose of Assessment ........................................................................................................................ 17 73 Regular Assessment.. ........................................................................................................................... 18 7.4 Special Assessment ............................................................................................................................. 18 7 .5 Capitalization of Association -Payment. ........................................................ 18
............................................................................................ 18 7 .5 Capitalization of Association -Payment. ........................................................ 18 7.6 The Effect ofNon-Payment of Assessment: Remedies of the Association .............................. .18 7.7 Association's Right to Bid Credit. ....................................................................................................... 20 7.8 Common Areas Exempt.. ..................................................................................................................... 20 7.9 Property ofDeclarantExempt. ............................................................................................................ 20 ARTICLES ADMINISTRATION AND MANAGEMENT .................................................................................................. 20 8.1 Governing Documents ........................................................................................................................... 20 8.2 Evidence of Compliance with Declaration .......................................................................................... 20 8.3 Association Insurance .......................................................................................................................... 20 8.4 Personal Property for Common Use ................................................................................................... 21 ARTICLE9 PROPERTY RIGHTS OF DECLARANT 9.1 Amendments ........................................................................................................................................ 21
.... 21 ARTICLE9 PROPERTY RIGHTS OF DECLARANT 9.1 Amendments ........................................................................................................................................ 21 9.2 Plat Revision ........................................................................................................................................ 21 9.3 9.4 9.5 ARTICLE IO Sales and Construction Activities ........................................................................................................ 21 Construction Work by Declarant. ....................................................................................................... 21 General Right of Entry for Declarant ................................................................................................... 22 OTHER EASEMENTS AND RIGHTS ............................................................................................................. 22 10.1 Utility and Other Easements ................................................................................................................ 22 10.2 Use of Common Properties .................................................................................................................. 23 10.3 Title to the Common Properties ........................................................................................................... 24 10.4 Perpetual Easements ............................................................................................................................ 24 I 0.5 Condemnation or Governmental Taking .............................................................................................. 24 ARTICLEll
............................................... 24 I 0.5 Condemnation or Governmental Taking .............................................................................................. 24 ARTICLEll INSURANCE AND INDEMNIFICATION ....................................................................................................... 24 11.1 Insurance Requirements Generally ...................................................................................................... 24 11.2 Indemnification .................................................................................................................................... 25 ARTICLE12 GENERAL PROVISIONS 12.1 Term of and Amendments to Restrictions ................................................................................................. 26 12.2 Complaints by Ownr.r ............................................................................................................................. 26 12.3 Complaints by Association ....................................................................................................................... 26 12.4 Per Day Damages for Violations ............................................................................................................... 26 12.5 Waiver ofEnforcement. ............................................................................................................................ 26 12.6 Effects ofOrdinances ................................................................................................................................ 27
..................................... 27 12.8 Serverability .............................................................................................................................................. 27 12.9 Dispute Resolution between Owners ....................................................................................................... 17 12.10 Additional Property ................................................................................................................................... 27 TO BE RECORDED IN ELLIS COUNTY, TEXAS DECLARATION OF COVENANTS, CONDffiONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II NOTICE TO PURCHASER: BRYSON SPRINGS IS A RESTRICTED COMMUNITY.
THIS DOCUMENT AFFECTS YOUR RIGHT TO USE THE PROPERTY YOU ARE PURCHASING. BY PURCHASING PROPERTY IN BRYSON SPRINGS, YOU ARE BOUND BY ALL OF THE TERMS OF TIDS DOCUMENT, INCLUDING ANY DESIGN GUIDELINES NOW OR HEREAFTER ADOPTED AND THE RULES AND REGULATIONS INCORPORATED HEREIN.
This Declaration of Covenants, Conditions, Restrictions and Easements (this "Declaration") is made and entered into to be effective as of November 21, 2016, by IlIDMC Limited Liability Company, a Texas limited liability company (together with its successors and assigns, "Declarant").
RECITALS A. Declarant owns all of the 147.227 acres, more or less, comprised of Phase I and Phase II within a tract of real property (the "Property") in Ellis County, Texas, more particularly described by metes and bounds on-Exhibit A attached hereto and incorporated herein by this reference and
e II within a tract of real property (the "Property") in Ellis County, Texas, more particularly described by metes and bounds on-Exhibit A attached hereto and incorporated herein by this reference and depicted on the plats for Phase I ( collectively, the "Plat") attached hereto as Exhibit B and incorporated herein by this reference, such Plat recorded in Cabinet I, slides 558-560, Ellis County, Texas.
B. The.Property has been or is to be subdivided pursuant to the Plat and known as "Bryson Springs" (herein so called). Declarant desires to establish and preserve a general and uniform plan for the improvement, development, sale and use of the Property for the benefit of the present and future owners oflots therein.
C. Declarant desires to adopt, establish, promulgate, and impress upon the Property the following reservations, covenants, restrictions, conditions, easements, assessments, and liens for the benefit of the Declarant, the Association (as hereinafter defined), the Property, and the present and future owners (as hereinafter defined) of the Property.
DECLARATION NOW, THEREFORE, Declarant hereby declares that the Recitals set forth above shall be a part of this Declaration and all the Property and each of the Lots (as hereinafter defined) which comprise the Property shall, to the fullest extent lawful, be held, sold, and conveyed subject to the following reservations, covenants, restrictions, conditions, easements, assessments, and liens (collectively the "Restrictions" including, but not limited to, those matters set forth in the Design Guidelines which are incorporated herein by reference) and the Restrictions shall run with the Property and each of the Lots and shall be binding on all parties having or acquiring any right, title, or interest
which are incorporated herein by reference) and the Restrictions shall run with the Property and each of the Lots and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any Lot or any part thereof, and shall inure to the benefit of Declarant, the present and future owner(s) of the Property, the Association, and their respective heirs, successors, executors, administrators, and assigns. THE RESTRICTIONS SHALL BE DEEMED INCORPORATEDINTOEACHDEEDCOVERINGTHEPROPERTYORANYLOTORANY DECLARATION OF CoVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE 1 PART THEREOF AS IF SET OUT FULLY IN SUCH DEED.
ARTICLE I DEFINITIONS I. I Specific Definitions. The following words when used in this Declaration, or any supplemental declaration, unless the context shall prohibit, shall have the following meanings: "ARC" shall mean the Architectural Review Committee of the Association which shall, unless otherwise composed by the Association, consist of the Board. The ARC shall · review and approve plans for the construction of improvements or modifications on Lots as set forth in this Declaration.
"Association" shall mean a Texas non-profit corporation to be formed and to act as a property owners association named Bryson Springs Homeowners Association, Inc. (or such other name as Declarant shall select), its successors and assigns. Until formation of the Association, Declarant shall have all of the rights, powers, and authority of the Association, but not the obligations of the Association, unless specifically assumed herein.
"Board" shall mean the Board of Directors of the Association.
"Building Code" shall mean the applicable municipal building code and all related codes
e Association, unless specifically assumed herein.
"Board" shall mean the Board of Directors of the Association.
"Building Code" shall mean the applicable municipal building code and all related codes and ordinances or, if there is no applicable municipal building code, the International Residential Code 2000, as amended, supplemented or replaced from time to time.
"Bylaws" shall mean the Bylaws of the Association.
"Common Properties" shall mean the entrances and landscaping thereof, and any and all other areas of land within the Property which are described or designated as common green, common areas, recreational easements, greenbelts, open spaces or private streets on any recorded subdivision plat of the Property or other instrument or intended for or devoted to the common use ·and enjoyment of the Owners of the Association, and including all equipment, accessories and machinery used in the operation or maintenance of any of such Common Properties and any additions to or replacements of such Common Properties.
There may or may not be Common Properties at the Property. Declarant may hold record title to all or any portion of the Common Properties, consistent with the objectives envisioned herein and subject to the easement rights herein of the Owners to use and enjoy the Common Properties, for an indefinite period of time, and at a point in time (deemed appropriate and reasonable by Declarant), record title to the Common Properties will be transferred from Declarant to the Association.
"Declarant" shall mean the "Declarant" named above and its successors or assigns.
"Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements, as amended from time to time .
nt" shall mean the "Declarant" named above and its successors or assigns.
"Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements, as amended from time to time .
. "Design Guidelines" shall mean the Design Guidelines which may be promulgated and published by the ARC, and as may be as amended from time to time, as described in Section 2.10 hereof.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE2 "Initial Owner" shall mean the first purchaser from Declarant of each Lot.
"Lot" shall mean any one of the separate lots that make up all or part of the Property.
"Lots" shall mean any two or more such lots. Each Lot is burdened by an easement for a portion of the Roads and the other Restrictions described herein.
"Member" shall mean every person or entity who holds legal title to the Lot.
"Owner" shall mean the record owner, whether one or more persons or entities, of fee simple title to any Lot, and his or its respective heirs, successors, personal representatives, and assigns.
"Plat" shall mean the Final Plat or Plats described in Recital A above, together with any and all re-plats thereof and amendments thereto.
"Property" shall mean all the real property referred to in Recital A above and more particularly described on Exhibit A attached hereto and incorporated herein by this reference, and any additions thereto.
"Residence" shall mean a single family residential dwelling constructed or to be constructed on any Lot.
"Restrictions" shall mean the "Restrictions" described in the Declaration section above.
"Roads" means collectively the streets and roads within the Property.
"Rules and Regulations" means any and all rules and regulations promulgated by Declarant
scribed in the Declaration section above.
"Roads" means collectively the streets and roads within the Property.
"Rules and Regulations" means any and all rules and regulations promulgated by Declarant or the Board, as amended from time to time, as described in Section 6.5. The Rules and Regulations may, at the discretion of Declarant or the Board, be incorporated into and made a part of the Design Guidelines.
"Bzyson Springs Phase I & 11" (sometimes referred to as the "Subdivision") shall mean the Bryson Springs referred to in Recital B above as established by the Plat and this Declaration.
1.2 Other Definitions. Other terms are defined in other sections of this Declaration and those terms are incorporated herein by this reference.
ARTICLE2 ARCHITECTURAL REVIEW 2.1 Architectural Review Committee. In order to protect the overall integrity of the development of the Property, a committee of representatives designated as the Architectural Review Committee ("ARC") shall be established to carry out all duties as noted herein with full authority to approve, disapprove, and monitor all construction, development, and improvement activities of any kind within the Property and to help ensure that all such activities are in accordance with the Restrictions and architecturally and aesthetically designed to be compatible with the appearance and quality of the overall Property. At the discretion of the Board, the duties of the ARC may be delegated in whole or in part to a third party representative of the ARC who need not be an Owner or a member DECLARATION OF COVENANTS, CONDITIONS, REsTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE3 of the Board.
2.2 Plans and Specifications to ARC. (a) No Residence, garage, outbuilding, fence, storage
TION OF COVENANTS, CONDITIONS, REsTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE3 of the Board.
2.2 Plans and Specifications to ARC. (a) No Residence, garage, outbuilding, fence, storage tank, or improvement of any kind (an "Improvement") shall be erected, placed, constructed, installed, maintained, modified, or altered by any Owner other than Declarant nor shall any site work be commenced by any Owner other than Declarant until a complete set of plans and specifications shall have been formally submitted to the ARC with a written request for approval and the ARC's written approval received. Plans and specifications which are submitted shall contain and include, but not necessarily be limited to, all the following information ( collectively, the "Plans"): floor plans, including finished floor and ground elevations; foundation plans; exterior elevations for any Residence, garage, outbuilding, or other structure; a plat or site plan showing the proposed location of any such improvements and all utilities thereto; exterior lighting and locations; samples of exterior finish materials and color samples; and any other plans, specifications, or information deemed pertinent by the ARC, including, but not limited to, all matters required by the Design Guidelines, as further provided in Section 2.10 below. Declarant may commence construction of any improvements without the approval of the ARC.
2.3 ARC Review. The ARC shall approve any proposed Improvement only if it determines in its reasonable discretion that the Improvement at the location indicated will not be detrimental to the appearance of the Property as a whole; that the appearance of the proposed Improvement will be in harmony with the external design of similar Improvements
tion indicated will not be detrimental to the appearance of the Property as a whole; that the appearance of the proposed Improvement will be in harmony with the external design of similar Improvements in the Property, including, without limitation, harmony as to quality and color of materials and location with respect to topography and finished grade elevation; that the Improvement will comply with the provisions of this Declaration and any applicable plat, ordinance, governmental rule, or regulation; that the Improvement will not detract from the beauty, wholesomeness, and attractiveness of the Property or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed Improvement will not become a burden on Declarant. The ARC is specifically granted the authority to disapprove proposed Improvements because of the unique characteristics or configuration of the Lot on which the proposed Improvement would otherwise be constructed, even though the same or a similar type of Improvement might or would be approved for construction on another Lot. Further, the ARC shall have the right to disapprove any plans and specifications upon any ground that is deemed inconsistent with the objectives and purposes of this Declaration, including purely aesthetic considerations. In reviewing any matter, Neither Declarant nor the ARC shall be required to inspect, guarantee or warrant the workmanship of the Improvement, including its design, construction and safety, whether structural or otherwise, conformance with building codes or other governmental laws or regulations, or whether the Improvement is suitable for its· intended purpose. The ARC may condition its approval of any proposed Improvement upon the making of such changes
other governmental laws or regulations, or whether the Improvement is suitable for its· intended purpose. The ARC may condition its approval of any proposed Improvement upon the making of such changes thereto as the ARC, in its sole discretion, may deem appropriate. Each Owner may be required to pay certain fees to the ARC to reimburse the ARC for the cost of its Plan review 1 as provided in the Design Guidelines. The ARC shall have full right and authority to utilize its sole discretion in approving or disapproving any Plans which are submitted. In the event the ARC fails to approve in writing submitted Plans or to request additional information reasonably required within fifteen (15) days after submission, the applicant shall give the ARC written notice of its failure to respond. Unless the ARC responds in writing within ten (10) days of receipt of such notice, approval will be deemed denied.
2.4 ARC Discretion to Approve or Disapprove. The ARC will approve or disapprove all Plans DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE4 in accordance with this Declaration. Approval may be withheld if the construction or architectural design of any improvement is deemed, on any grounds, including purely aesthetic grounds, necessary to protect the continuity of design of the Property. Prior approvals or disapprovals of the ARC pertaining to any Improvement shall not be deemed binding upon the ARC for later requests for approval if the ARC determines that the construction of similar Improvements will have an adverse effect on the Property. The ARC shall have the express power to construe and interpret any covenant herein that may be capable of more than one construction, and to grant variances for certain requirements
t on the Property. The ARC shall have the express power to construe and interpret any covenant herein that may be capable of more than one construction, and to grant variances for certain requirements when, in its discretion, it is appropriate to do so (but no variance will be effective unless in writing and signed by the ARC). All approvals or disapprovals by the ARC are for the sole benefit of the Association and the respective Owner to whom the approval or disapproval is addressed, and no other Owner or any third party is or shall be deemed to be a third party beneficiary of such approval or disapproval.
2.5 ARC Right to Inspect. During reasonable hours and, if the Residence is occupied, after reasonable advance notice, Declarant, members of the ARC, any member of the Board, or any authorized representative of any of them, shall have the right (but not the obligation) to enter upon and inspect any Lot, and any structure thereon, for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and said persons shall not be deemed guilty of trespass by reason of such entry. All inspections by the ARC are for the sole benefit of the Association and no individual Owner or other third party is or shall be deemed to be a third party beneficiary of such inspections.
2.6 ARC Variances. The ARC is authorized to grant variances from compliance with any of the provisions of the Declaration ( except for the provisions relating to single family residential construction and use); including restrictions upon placement of structures ( except for front and rear setback lines), the time for completion of construction of any Improvement, or similar restrictions, when circumstances such as topography, natural
placement of structures ( except for front and rear setback lines), the time for completion of construction of any Improvement, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetics, environmental, or other relevant considerations may make a variance appropriate. All variances must be in writing to be enforceable. The granting of a variance shall not operate to waive, modify or amend any provision of this Declaration; a granted variance applies only to the particular _Lot and matter covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification, or amendment of the provisions of this Declaration, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all government laws and regulations affecting the Lot.
2. 7 ARC Decision Final. The ARC shall have the authority to employ professional consultants at the expense of the Association to assist it in performance of its duties. The decisions of the ARC shall be final, conclusive and binding upon all parties other than Declarant and the Board.
2.8 No Liability. Neither the ARC nor its members nor Declarant or the members of the Board shall be liable to any person (including Owners and builders) for any damage or injury to property arising out of their acts hereunder, except in the case of bad faith or willful misconduct. Neither the ARC nor its members nor Declarant or the members of the Board shall be deemed to have made any warranty or representation to any Owner, builder, or other third party about any matter whatsoever arising out of any approvals or inspections.
Without limiting the foregoing, it is expressly agreed that no approval of Plans by the ARC
wner, builder, or other third party about any matter whatsoever arising out of any approvals or inspections.
Without limiting the foregoing, it is expressly agreed that no approval of Plans by the ARC and no construction inspection approvals shall be deemed a representation or warranty by DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGES the ARC that any Residence has been or will be completed in a good and workmanlike manner, or in conformance with building codes, or other governmental laws or regulations.
No discretionary acts by the ARC (such as approval or disapproval of Plans) shall give rise to any liability of the ARC or its members or Declarant or the members of the Board.
2.9 Number and A1wointment of ARC Members. The number and identity of the initial ARC members shall be decided by Declarant, and Declarant may appoint its own representatives as any or all of the ARC members, so long as Declarant owns at least one (1) Lot. In the event of the death or resignation of any member of the ARC, Declarant shall have full power and authority to appoint a successor committee member or members, chosen in its sole discretion, with like authority. When Declarant no longer owns at least one (1) Lot, or when Declarant has otherwise elected to cede control of the Association to the Members, Declarant shall appoint the original members of the ARC, which shall consist of at least three (3) but no more than five (5) members, and which may be members of the Board.
2.10 Design Guidelines. The ARC may promulgate and publish the Design Guidelines. The · Design Guidelines, as amended from time to time, shall be incorporated into this Declaration by this reference. A copy of the Design Guidelines will be furnished to any
sh the Design Guidelines. The · Design Guidelines, as amended from time to time, shall be incorporated into this Declaration by this reference. A copy of the Design Guidelines will be furnished to any Owner upon request. The Design Guidelines will supplement this Declaration and may contain other and further provisions as to the approval and disapproval of Plans, suggested or prohibited materials, and other matters relating to the appearance, design, quality, and construction of Improvements. The Design Guidelines may be more restrictive than the Restrictions. The Design Guidelines may be amended from time to time by the Association or upon the affirmative vote of two-thirds of the members of the ARC and the consent of the Association. The Design Guidelines may include or incorporate any Rules and Reguiations promulgated by Declarant or the Board. · 2.11 Most Restrictive Instrument Applies. To the extent of any conflict between this Declaration, the Design Guidelines, or the Plat, the most restrictive instrument shall control. Accordingly, each Owner must. obtain and study all three instruments and provide them to their architects, builders, contractors, and other appropriate parties prior to purchasing a Lot or commencing the construction of any improvements thereon.
ARTICLE3 GENERAL RESTRICTIONS 3.1 Single Family Residential Uses Only. (a) No part ofa Lot, or improvements thereon, shall be used for any purpose other than one Residence on each Lot and certain accessory improvements, to the extent accessory improvements are specifically authorized elsewhere in this Declaration. It is the intent ofDeclarant that Bryson Springs be a single family residential community.
(b) Without limiting the foregoing, the construction of any duplex, triplex, quadplex
re in this Declaration. It is the intent ofDeclarant that Bryson Springs be a single family residential community.
(b) Without limiting the foregoing, the construction of any duplex, triplex, quadplex apartment house, or other multi-tenant building is expressly prohibited. No garage may be used as living quarters, and no garage apartment for rental purposes shall be permitted.
However, Declarant or a builder approved by Declarant, in Declarant's sole discretion, shall have the right, in connection with construction and sales operations on the Property, to use a garage as a sales office.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS. ANO EASEMENTS OF BRYSON SPRJNGS PHASE I & II PAGE 6 3.2 No Commercial Use. An Owner may maintain an office in a Residence for business purposes so long as: (a) the business does not involve any employee, customer, client, co worker, or other party being present at the Residence; and (b) there is no sign or other visible evidence of the business on the Lot. No other business or commercial activity of any kind shall be conducted on a Lot, whether for profit or non-profit. Private orchards and gardens shall not be deemed to be commercial or business activity. No hobby may be conducted on any Lot which attracts vehicular or pedestrian traffic to the Lot.
3.3 Lease Restrictions. A Residence may be leased for a period ofno less than one (1) year.
All tenants shall be bound by the Restrictions, but the lease of a Residence shall not discharge the Owner from compliance with any of the obligations and duties of the Owner.
All leases shall make reference to the Restrictions and Owners shall provide tenants with a copy of this Declaration. All leases shall be subject to this Declaration and the other
duties of the Owner.
All leases shall make reference to the Restrictions and Owners shall provide tenants with a copy of this Declaration. All leases shall be subject to this Declaration and the other documents of the Association, regardless of whether the lease makes specific reference to them or whether the Owner delivers this Declaration to the tenant.
3.4 No Mobile Homes. Except as otherwise specifically set forth herein, no mobile home, trailer home, manufactured home, modular home (single or double wide), or pre-fabricated home of any kind, whether or not it has wheels or the wheels have been removed, shall be allowed on any Lot.
3.5 No Temporaty Structures. (a) Except for the benefit ofDeclarant or as otherwise allowed herein, no structure of a temporary character (whether trailer, tent, shack, etc.) shall be used on any Lot at any time for storage or as an office or residence, either temporarily or permanently.
(b) With prior ARC approval, a job site trailer may be placed on the Lot during construction of the Residence thereon.
3.6 No Subdividing. No Lot may be subdivided by any Owner other than Declarant, and no Owner other than Declarant may sell or transfer less than 100% of any Lot ( other than the sale or transfer of undivided interests). · 3. 7 Parking. All vehicles belonging to Owners or guests must be parked in the Owner's driveway, garage, or other ARC approved parking area overnight. In no case may vehicles be parked overnight on the Roads. No tractor trailer rigs may be parked on any part of the Property. No travel trailer, motor home, camper, boat, aircraft, recreational vehicle, motorcycle, four wheeler, tractor, or truck larger than one (l)ton, or similar vehicle or
rked on any part of the Property. No travel trailer, motor home, camper, boat, aircraft, recreational vehicle, motorcycle, four wheeler, tractor, or truck larger than one (l)ton, or similar vehicle or trailer shall at any time be parked overnight in front of any Residence or within any building setback area. No more than two (2) vehicles bearing commercial insignia or names shall be parked on any Lot, and then only if the vehicle is utilized by the Owner as transportation to and from the Owner's place of employment. No vehicle (regardless of size) which transports .flammable or explosive cargo may be kept on a Lot at any time other than the temporary parking of a properly licensed fuel truck that dispenses propane to an Owner's approved on-site propane tank.
3 .8 Storage of Vehicles. ( a) No travel trailer, motor home, camper, boat, aircraft, recreational vehicle, motorcycle, four wheeler, or truck larger than one(!) ton or similar vehicle or trailer shall be parked overnight or stored in front of any Residence. No such vehicles or trailers that are stripped down, wrecked, junked, or inoperable shall be kept, parked, stored DECLARA TfON OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF 13R YSON SPRINGS PHASE I & II PAGE7 or maintained on any Lot unless in an enclosed structure or in a screened area which prevents the view thereof from any other Lot or Road. No dismantling or assembling of any such vehicle or trailer or any other machinery or equipment shall be permitted unless in an enclosed structure or in a screened area which prevents the view thereof from any other Lot or Road. The ARC shall have the absolute authority to determine from time to time whether a vehicle is operable and, ifnot, adequately screened from public view. Upon
e view thereof from any other Lot or Road. The ARC shall have the absolute authority to determine from time to time whether a vehicle is operable and, ifnot, adequately screened from public view. Upon an adverse determination by the ARC, the vehicle shall be removed or otherwise brought into compliance with these Restrictions.
3 .9 No Drilling Operations by Owners. No Owner may authorize any oil or gas exploration or drilling, oil or gas development operations, oil refining, quarrying, or mineral operations of any kind on any Lot, nor may any Owner authorize oil or gas wells, storage tanks, tunnels, mineral excavation, or shafts on any Lot No derrick or other structure designed for use in boring for oil or natural gas will be erected on any Lot by any Owner. EACH OWNER UNDERSTANDS AND AGREES THAT TO THE EXTENT THE MINERALS ASSOCIATED WITH THE PROPERTY HAVE BEEN RESERVED BY OTHERS, DECLARANT HAS NO CONTROL OVER THE LEASING ACTIVITIES OF THESE MINERAL OWNERS OR THE OIL AND GAS EXPLORATION OR PRODUCTION ACTIVITIES OF THEIR.LESSEES. THERE MAY BE OIL AND GAS EXPLORATION OR PRODUCTION ON THE PROPERTY BY OTHERS OVER WHOM NEITHER DECLARANT NOR ANY OWNER HAS CONTROL. To the extent there is any conflict between this section 3.9 and any other section of the Declaration, this section 3.9 shall control.
3.10 Trash.
(a) No trash, garbage, debris, or other refuse may be burned, stored, disposed of, or allowed to remain upon any Lot or Road, whether the Lot is vacant or otherwise. No Lot will be used or maintained as a dumping ground for rubbish, rocks, brush, grass clippings, garbage, or trash. Garbage and other waste will be kept in ,sealed, sanitary containers prior to disposal.
(b) Declarant or the Association may, but is not obligated to, contract with a
ass clippings, garbage, or trash. Garbage and other waste will be kept in ,sealed, sanitary containers prior to disposal.
(b) Declarant or the Association may, but is not obligated to, contract with a garbage collection service for the pick up and disposal of all household garbage on the Property and, in such event, the cost thereof will be an expense of the Association, which shall be paid by the Owners though the assessments provided for in this Declaration.
( c) Rubbish, trash, garbage or other waste materials to be disposed shall be placed at all times in an appropriate varmint resistant receptacles. If receptacles are not provided by the garbage collection service with whom the Declarant or an Owner contracts, then each Owner shall be responsible for purchasing and maintaining its own garbage receptacles. Each receptacle must be approved by the Declarant or the Association. No such receptacle shall be placed for collection in a location visible from any Road more than 24 hours prior to the scheduled collection time or allowed to remain in a location visible from any Road more than 24 hours after the scheduled collection time.
3.11 No Nuisance or Noxious Activity. No noxious or offensive activity shall be carried on or upon any Lot or Road by any Owner, construction workers hired by any Owner, or an Owner's guest, nor shall anything be done upon any Lot or Road which may be or become an annoyance or nuisance to the neighbors (such as, but not limited to, the noise created by the operation of an excessive or unreasonable number of off-road vehicles or DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE l & II PAGE 8 motorcycles on a Lot). No junk, railroad cars, buses, inoperative cars or other vehicles, or
or DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE l & II PAGE 8 motorcycles on a Lot). No junk, railroad cars, buses, inoperative cars or other vehicles, or other noxious, offensive or unsafe equipment or materials may be stored on the Property.
3.12 Animals. No horse or livestock of any kind may be kept on a Lot. Domestic pets, in reasonable number as determined by the Association, may be kept on a Lot, but no Owner shall allow a pet to run loose or become a nuisance to the other residents. No pets may be raised for sale, and commercial kennels of any kind are expressly prohibited. Hogs, swine, chickens and other poultry are prohibited. No pet shall be allowed to make an unreasonable amount of noise or to become a nuisance. All animals shall be kept in strict accordance with all applicable laws and ordinances, and in accordance with the Rules and Regulations.
3 .13 Lawns. All grass, weeds, and vegetation on each lot shall be maintained at regular intervals as needed to maintain a neat and well maintained appearance. All landscaping, including lawns and shrubs, shall utilize native plants or hybrids to the extent practicable. All swales and culverts shall be grassed and shall be regularly maintained as needed to maintain a neat appearance. All statues and other similar decorative features located in the front yard, or the back or side yard if not screened by a privacy fence, must have prior approval by the ARC.
3.14 Signs. One (I) sign per lot shall be allowed, not exceeding more tlian four (4) square feet in size, to advertise a lot for sale or lease. Also, political signs may be placed upon a Lot by the Owner of the Lot during election times only, in size and location as shall be
four (4) square feet in size, to advertise a lot for sale or lease. Also, political signs may be placed upon a Lot by the Owner of the Lot during election times only, in size and location as shall be approved by the Declarant, the ARC or the Association. All other signs shall be approved by the ARC before being erected or placed on any Lot. Builder shall be allowed to have one open house sign in addition to a for sale sign on each lot.
3.15 No Adverse Conditions. No Owner or occupant shall construct any improvements or perform any work that will impair any easement or right-of-way, or do any act or allow any condition to exist which will adversely affect the other Lots or their owners or residents.
3.16 Insurance. Each Owner must carry all risk casualty insurance for the full insurable value of the Residence on the Lot. Each Owner must use all insurance proceeds required to properly rebuild in case of a partial loss or damage or, in the case of complete damage, to either rebuild or clear all debris and return the Lot to substantially the natural state as it existed prior to destruction. Reconstruction must be promptly commenced and diligently pursued to completion (and in any event must be completed within eighteen (18) months and if not the Owner shall make payment as described in Section 4.8). No damaged buildings, including the foundation, shall be allowed to remain on any Lot unless they are to be promptly repaired or restored. Each Owner must carry homeowner's liability insurance at all times, including prior to the construction of Improvements on the Lot.
3.17 ' Property Taxes. Each Owner shall be responsible for the payment of all ad valorem and other property taxes owing on the Owner's Lot.
luding prior to the construction of Improvements on the Lot.
3.17 ' Property Taxes. Each Owner shall be responsible for the payment of all ad valorem and other property taxes owing on the Owner's Lot.
3.18 Underground Utilities. All utility lines and other facilities installed by or for any Owner for electricity, water, cable, telephone, sewer, storm sewer, or other utilities must be installed underground; but this provision shall not apply to above-ground utilities existing on the date hereof and any replacement thereof by Declarant or those otherwise expressly authorized in writing by the ARC.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE9 3.19 No Hunting/Firearms. No hunting or trapping (except the trapping of varmints) shall be allowed on any Lot. No firearms shall be discharged on any Lot.
3.20 Fires. Only controlled fires, in compliance with all applicable laws, shall be allowed outdoors on any Lot. All fires must be supervised by an adult at all times, and each Owner bears the sole responsibility and risk of any such fires.
3.21 Fireworks. The use of fireworks are prohibited.
3.22 Permitted Hours for Construction Activities. Except as otherwise permitted by Declarant, no outside construction work or unreasonably loud interior construction work is permitted except between the hours of 6:00 A.M. and 7:00 P.M. Monday through Friday, between 8:00 A.M. and 6:00 P.M. on Saturday, and 9:00 A.M. and 5:00 P.M. on Sunday.
No construction activity is permitted on New Year's, Easter, Memorial, Independence, Labor, Thanksgiving, or Christmas days.
4.1 4.2 4.3 ARTICLE4 CONSTRUCTION RELATED RESTRICTIONS Approved Builders. No Owner shall contract with any builder or other general contractor or
Independence, Labor, Thanksgiving, or Christmas days.
4.1 4.2 4.3 ARTICLE4 CONSTRUCTION RELATED RESTRICTIONS Approved Builders. No Owner shall contract with any builder or other general contractor or person or entity for the construction of a Residence on a Lot without first obtaining the written approval of that builder from the ARC within its sole discretion which shall not be unreasonably withheld Minimum Construction Requirements. Minimum Construction Requirements shall be set by the ARC and shall be set forth in the Design Guidelines. These guidelines will provide specific restrictions such as (any not by way of limitation) minimum contiguous interior living area square footage, exterior fas:ade appearance and construction, height of residences, garage specifications, and roofing requirements.
Accessory Improvements.
(a) A building that is immediately accessory to the Residence and other similar improvements to the Residence, such as a detached garage, maid's quarters, guest house, or cabana may be allowed, provided it conforms to the same style and architecture and is constructed of the same materials as the Residence and is approved by the ARC. No such accessory building to the Residence shall exceed fifty (SO) percent of the interior living area of the Residence.
(b) Storage buildings, shops, and other similar buildings and improvements constructed on a Lot must be located at least twenty-five (25) feet behind the rear plane of the Residence.
A storage building shall be defined as a building with a square footage equal to or less than one hundred fifty (150) square feet. A shop building shall be defined as a building with square footage in excess than one hundred fifty (150) square feet. All buildings and
tage equal to or less than one hundred fifty (150) square feet. A shop building shall be defined as a building with square footage in excess than one hundred fifty (150) square feet. All buildings and improvements must be approved by the ARC and must adhere to the specifications set forth in the Design Guidelines. Additionally, all Accessory Improvements contemplated by this Section 4.3 must be located in a backyard fully enclosed by a fence constructed in accordance with the Design Guidelines.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE 10 4.4 Recreational Improvements. Basketball goals, tennis courts, swimming pools, or any other similar sporting or recreational equipment or improvement shall be placed behind the Residence, unless otherwise approved by the ARC.
4.5 Minimum Setback. The Design Guidelines will control and describe the minimum setbacks required for improvements within a Lot. In cases where rugged terrain is encountered, thus necessitating or making highly desirable the use of such space, a variance to this restriction may be granted by written approval of the ARC, within its sole discretion.
4.6 Storage of Building Materials. No building materials of any kind may be stored on any Lot for longer than one week prior to the commencement of work for which the materials were purchased unless they are stored in an enclosed building or located such that they cannot be viewed from any other Lot.
4.7 Construction Clean-up. From time to time during construction as required to maintain a neat and orderly appearance, and upon completion of construction, the Owner of the Lot will be responsible for the removal of any trash or debris that may have been thrown, placed, or
ed to maintain a neat and orderly appearance, and upon completion of construction, the Owner of the Lot will be responsible for the removal of any trash or debris that may have been thrown, placed, or discarded on any part of the Lot or on any other Lot if the trash or debris originated at the Owner's Lot.
4.8 Completion of Construction. Once construction of a Residence is commenced on a Lot, it shall be diligently continued to completion. No Residence shall remain incomplete for more than twelve (12) months after construction has commenced. An Owner who breaches this section 4.8 shall pay to Declarant, as liquidated damages, the sum of $100 ( one hundred dollars) per day for each day construction remains incomplete beyond this twelve (12) month period.
4.9 Air Conditioning. No air conditioning apparatus shall be used, placed, or maintained on any Residence except on the ground or the walls of the side or back of the Residence or on the roof of the Residence. No air conditioning apparatus shall be installed at or on. the front of a Residence.
4.10 Lighting. In general, exterior lighting used in connection with the occupancy of a Residence shall be kept to the minimum required for safety and security. Landscape lighting is allowed.
No mercury vapor, fluorescent, or neon lights shall be used to illuminate the outside areas of a Lot. No exterior lighting of any sort shall be installed or maintained on a Lot where the light source is offensive or a nuisance to other Owners or Lots (tennis court or similar lighting is permitted with the·approval of the ARC).
4.11 Sound Devices. No exterior speakers, horns, whistles, bells, or other sound devices (except reasonable security devices) audible from any adjoining Lot shall be placed or used upon any Lot.
4.12 Fences.
und Devices. No exterior speakers, horns, whistles, bells, or other sound devices (except reasonable security devices) audible from any adjoining Lot shall be placed or used upon any Lot.
4.12 Fences.
(a) Fencing requirements shall be set by the ARC and shall be set forth in the Design Guidelines. These guidelines will provide specific restrictions such as (any not by way of limitation) fence heights, stain color, design, and permitted materials used for construction.
All fencing shall have prior approval by the ARC before being constructed.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGEll ------------------ ----(b) No fence or gate may be erected across or into any Road.
4.13 Lot Entries and Driveways. There shall be only one primary entry point off any Road onto a Lot, except that all primary entries off of any Road into a Lot shall have a sufficient culvert installed, and the drainage ditch shall be lined with rock. Driveways on each Lot must be constructed of concrete. Circular driveways shall be permitted with ARC approval.
4.14 Sewage Disposal. Each Owner must install an aerobic septic system for sewage disposal or any other system that complies with applicable law. All septic systems must be installed by a state certified licensed installer and must be permitted and inspected by Ellis County.
Septic Systems must be inspected by a state certified licensed installer every three years and must be regularly maintained so as to remain in good operating condition. No outside toilets or cesspools will be permitted.
4.15 Drainage/lmpoundment of Surface Water. (a) The existing creeks, ponds, and drainage channels traversing along or across portions of the Property will remain as open channels at
will be permitted.
4.15 Drainage/lmpoundment of Surface Water. (a) The existing creeks, ponds, and drainage channels traversing along or across portions of the Property will remain as open channels at all times and will be maintained by the Association or Owners of the Lot. or Lots that are traversed by or adjacent to the drainage courses along or across said Lots. The Association or each Owner shall keep the natural drainage channels traversing or adjacent to each Lot clean and free of debris, silt or any substance which would result in unsanitary conditions or any obstruction of the natural flow of water.
4.16 Antenna. No microwave dishes, radio, citizen band or otherwise, or television axial wires or antennas shall be maintained on any portion of any Lot, or in the common area, except direct broadcast satellite (DBS) antennae no more than 18" in diameter, multichannel multipoint distribution system (MMES) antennae no more than 18" in diameter, or television broadcast antennae, all of which Owner shall screen from view as much as possible without impairing its installation, maintenance or use. All matters set forth in this provision require the express approval, in advance, of the ARC, which shall be exercised in conformity with the rules of the Federal Communications Commission.
4.17 Entryway Easements. On, over, and across each Lot, upon which is now or hereafter constructed ( or replaced) all or any part of any common entryway into the Property, there is hereby reserved to Declarant and the Association an easement for the construction, maintenance, repair, and replacement of all common entryway improvements including, but not limited to, poles and posts associated therewith, irrigation systems and water lines, brick,
e construction, maintenance, repair, and replacement of all common entryway improvements including, but not limited to, poles and posts associated therewith, irrigation systems and water lines, brick, stone, metal, or other decorative fences, walls, planters, or other, improvements, landscaping, and similar common entryway improvements.
4.18 Building Codes. All construction will comply with the Building Code, any other applicable local building codes or fire codes, and any other applicable laws, ordinances or regulations of any governmental body or agency.
4.19 Storage Tanks. Propane and other storage tanks shall be located behind the Owner's DECLARATION OF COVENANTS, CONDITIONS, REsTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE12 Residence and shall be screened from public view with stone, stucco, or shrubbery. If shrubbery is used for screening purposes, the shrubbery, at the time it is planted, must be of adequate size to screen the propane or storage tanks.
4.20 Mailboxes. Mailboxes must be constructed of the same materials as the Owner's Residence and shall be installed in accordance with requirements of the ARC.
4.21 Special Requirements. A final grading will be required which shows a positive drainage and responsible water flow away from the main structure and adjoining homes. Each Owner will be responsible for insuring that drainage from the Lot is channeled to the street or normal drainage areas. Roof pitches will be set forth in the Design Guidelines. The primary first floor plated height shall be 9 feet or taller for 66 2/3 % of area.
ARTICLES MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 5 .1 Control by Declarant. So long as Declarant owns at least one (1) Lot, and not withstanding
shall be 9 feet or taller for 66 2/3 % of area.
ARTICLES MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 5 .1 Control by Declarant. So long as Declarant owns at least one (1) Lot, and not withstanding any provision of the Bylaws to the contrary, Declarant shall, at Declarant's option, have exclusive control of the Association by being the sole voting Member. Declarant may, at any time and at Declarant's option, turn over control of the Association to the Members by filing an instrument to that effect in the Real Property Records of Ellis County, Texas. At the point in time that Declarant no longer owns any Lots, control may be delivered to the Members through a written instrument of Declarant. At such time as Declarant cedes control of the Association to the Members, or at such earlier time as Declarant may choose, Declarant shall also deed to the Association title to the Common Properties.
Notwithstanding anything to the contrary contained herein, it is expressly acknowledged and understood that, in the event that Declarant transfers, sells, or assigns all of the Lots owned by Declarant to an affiliated or related entity of Declarant, the rights of the Declarant set forth herein shall automatically and simultaneously transfer to such related or affiliated entity at the time of such conveyance so that there is no lapse in ownership or rights of the Declarant.
5.2 Membership and Voting. (a) Subject to Section 5.1 above, every person or entity who is an Owner shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest in a Lot merely as security, unless such persons or · entities acquire title to a Lot through judicial or non-judicial foreclosure, or deed in lieu of
include persons or entities who hold an interest in a Lot merely as security, unless such persons or · entities acquire title to a Lot through judicial or non-judicial foreclosure, or deed in lieu of foreclosure. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification for membership. When more than one person holds a membership interest in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (I) vote be cast with respect to any Lot.
(b) Upon acquiring a Lot, the Owner thereof shall promptly notify the Association, in writing, of the Owner's name, physical address (not just a post office box), telephone number, and the identity of the Lot acquired.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRJNGS PHASE l & I! PAGE 13 5.3 5.4 5.5 5.6 5.7 Suspension of Voting Rights. All voting rights of a Member may be suspended by the Association during any period in which such Member is delinquent in the payment of any duly established assessment or is otherwise in default and/or violation of these Restrictions, the Bylaws, or Rules and Regulations.
Registration with the Association. In order that Declarant and the Association can properly determine voting rights and acquaint every Lot Owner and every Member with these Restrictions and the day-to-day matters within the Association's jurisdiction, each Member shall have an affirmative duty and obligation to provide, within fifteen (15) days of becoming an Owner, and thereafter revise and update, within fifteen (15) days after a
's jurisdiction, each Member shall have an affirmative duty and obligation to provide, within fifteen (15) days of becoming an Owner, and thereafter revise and update, within fifteen (15) days after a material change has occurred, contact and related information for each occupant of the Residence to the Association, as may be required by the Association from time to time.
Management by the Elected Board. The affairs of the Subdivision shall be administered by the Association. The Association shall have the right, power and obligation to provide for the management, acquisition, construction, maintenance, repair, replacement, administration, and operation of the Subdivision as herein provided for and as provided for in the Bylaws and Rules and Regulations. The business and affairs of the Association shall be managed by its Board. The Declarant shall determine the number of Directors and appoint, dismiss and reappoint all of the members of the Board until the first election of Directors by the Members of the Association is held in accordance with the Bylaws;this Declaration, and Texas law. The appointed Board may engage the Declarant or any entity, whether or not affiliated with Declarant, to perform the day-to-day functions of the Association and to provide for the maintenance, repair, replacement, administration and operation of the Subdivision. The Association, acting through the Board, shall be entitled to enter into such contracts and agreements concerning the Subdivision as the · Board deems reasonably necessary or appropriate to maintain and operate the Subdivision in accordance with the Declaration, including without limitation, the right to grant utility and other easements for uses the Board shall deem appropriate and the right to enter into
e the Subdivision in accordance with the Declaration, including without limitation, the right to grant utility and other easements for uses the Board shall deem appropriate and the right to enter into agreements with adjoining or nearby land owners or governmental entities on matters of maintenance, trash pick-up, repair, administration, security, traffic, operation of recreational facilities, or other matters of mutual interest.
Professional Management. The Declarant, the Association, or Board shall have the authority to retain, hire, employ or contract with such professional management companies or personnel as the Board deems appropriate to perform the day to· day functions of the Association and to provide for the construction, maintenance, repair, landscaping, administration and operation of the Subdivision as provided for herein and as provided for in the Bylaws.
Board Actions in Good Faith. Any action, inaction or omission by the Board made or taken in good faith shall not subject the Board or any individual member of the Board to any liability to the Association, its Members or any other party.
DECLARATION OF CoVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE14 5.8 Inspection of Records. The Members of the Association shall have the right to inspect the books and records of the Association in accordance with Section 2.23B of the Texas Non Profit Corporation Act, as it exists upon the date of recording of this Declaration or as it may thereafter be amended. All such inspections shall be made at the offices of the Association and made during normal business hours unless as otherwise agreed solely by the Association.
ARTICLE6 MAINTENANCE BY AND OTHER ACTIVITIES OF ASSOCIATION
shall be made at the offices of the Association and made during normal business hours unless as otherwise agreed solely by the Association.
ARTICLE6 MAINTENANCE BY AND OTHER ACTIVITIES OF ASSOCIATION 6.1 Board Powers and Duties. (a) The Board shall have the right, power and duty to provide, and shall pay out on behalf of the Association, from the assessments provided for herein, the following: (1) Maintenance, care, preservation, and repair of the Common Properties and the furnishing and upkeep of any desired personal property for use in the Common properties; (2) Any private trash and garbage collection service provided by the Association; (3) Taxes, insurance and utilities (including, without limitation, electricity, gas, water and sewer charges) which pertain to the Common Properties only; (4) Any security arrangements; (5) The services of a person or firm (including Declarant and any affiliates of Declarant) to manage the Association or a separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the · Association, whether such personnel are employed directly by the Board or by a manager designed by the Board; (6) Legal and accounting services; and (7) Any other materials, supplies, furniture, labor, service, maintenance, repairs, structural alteration, taxes or assessments which the Board is required to obtain or pay for pursuant to the terms of this Declaration or which in its opinion shall be necessary or proper for the operation or protection of the Association or for the enforcement of this Declaration.
(b) Without limiting Section 6.1 above, the Board shall have the following additional rights, powers and duties:
operation or protection of the Association or for the enforcement of this Declaration.
(b) Without limiting Section 6.1 above, the Board shall have the following additional rights, powers and duties: 6.2 Right of Entry for Maintenance of Common Properties. Declarant, the Association, or any of their authorized representatives, shall have the right to enter upon and across any and all Lots for the maintenance of the Common Properties. Declarant, the Association, and DECLARATION OF COVENANTS, CONDITIONS, RESTRlCTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE15 any authorized representative thereof shall not be guilty of trespass because of entry onto a Lot for the purposes provided herein.
6.3 Right of Entry to Cure Violations of the Declarations. If the Association intends to cure an Owner's violation of the Restrictions, the Association shall have a right of entry across the Owner's Lot for purposes of curing the violation. [FOR EXAMPLE ONLY: If an Owner dumps rubbish and debris on the Owner's Lot and refuses to remove it after notice, the Association may enter upon the Lot, remove the rubbish, and charge the cost to the Owner.] 6.4 Declarant Reimbursement. Out of pocket expenses incurred by Declarant on behalf of the Association shall be reimbursed by the Association to Declarant upon request. Without limiting the generality of the foregoing, the assessments levied by the Association may be used to reimburse Declarant for all out of pocket costs and expenses incurred by Declarant in organizing and conducting affairs on behalf of the Association, including, but not limited to, organizational costs of the Association, creation and modification of the Declaration and any amendments thereto, legal and accounting fees, and other costs.
ssociation, including, but not limited to, organizational costs of the Association, creation and modification of the Declaration and any amendments thereto, legal and accounting fees, and other costs.
6.5 Rules and Regulations. The Rules and Regulations, as promulgated and amended by the Board from time to time, are incorporated into this Declaration by this reference. A copy of the Rules and Regulations will be furnished to any Owner upon request. The Rules and Regulations may, at the discretion of Declarant or the Board, be incorporated into and made a part of the Design Guidelines.
7.1 ARTICLE7 COVENANT FOR ASSESSMENT Creation of the Lien and Personal Obligation of Assessment.
(a) Each Owner of any Lot and each purchaser of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other· conveyance, shall be obligated to pay to the Association regular assessments and special assessments as provided for in this Declaration, and subject to the enforcement of payment of the assessments and the lien of the Association as hereinafter provided. Such assessments shall be fixed, established, and collected from time to time as provided by the· Association. The regular and special assessments, together with any interest thereon and costs of collection thereof, including reasonable attorney's fees, shall be a charge upon the Lot and a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with any interest and costs of collection thereof, including reasonable attorney's fees, shall also be a personal obligation of the Owner of the Lot.
(b) The following Property, being otherwise subject to this Declaration, shall be exempt from all assessments, charges, and liens created herein:
also be a personal obligation of the Owner of the Lot.
(b) The following Property, being otherwise subject to this Declaration, shall be exempt from all assessments, charges, and liens created herein: (i)All Property dedicated to and accepted by any public authority and devoted to DECLARATION OF CoVENANTS, CoNDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE 16 public use; (ii)AII Common Properties; and (iii)AII property exempt from such assessments and charges by the laws of the State of Texas.
7.2 Pui:pose of Assessments.
(a) The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety, enjoyment and welfare of the residents in the Property, including the enforcement of the Declaration, for the maintenance and repair of any capital improvements owned or controlled by the Association, establishing and maintaining repair and replacement reserves as determined by Declarant or the Association, and any other purpose reasonable, necessary, or incidental to such purposes as determined by the Association.
(b) The Association shall not be obligated to spend all monies collected in a year, and may carry forward, as surplus, any balances remaining. The Association shall not be obligated to apply such surplus to the reduction of the amount of the Annual Assessments in any later year, but may carry forward a surplus as the Board deems desirable for the greater financial security of the Association.
7.3 Regular Assessments. The regular assessments of the Lots shall be based upon the cash requirements, as the Association ( or the Declarant so long as the Declarant owns at least one (I) Lot) shall from time to time determine, necessary io provide for the payment of all
sed upon the cash requirements, as the Association ( or the Declarant so long as the Declarant owns at least one (I) Lot) shall from time to time determine, necessary io provide for the payment of all estimated expenses arising out of or connected with the purposes described above. The regular assessments may be due monthly, quarterly, or annually, as determined by the Association from time to time. Regular assessments shall begin to accrue for each Owner (other than Declarant or any developer of the Lots) upon such Owner taking legal possession of a Lot. Each Owner will pay a pro-rata proportion of regular assessments based on the number of Lots each Owner owns in the Property.
7.4 Special Assessments. The Association ( or the Declarant so long as the Declarant owns at least one (1) Lot) may levy, in addition to the regular assessments, one or more special assessments in any calendar year applicable to all Owners other than Declarant, for the purpose of defraying in whole or in part the costs of construction, reconstruction, repair or replacement of a capital improvement, including necessary fixtures and personal property related thereto, or for such other lawful purposes related to the use, maintenance and repair of the Property as the Association may determine.
7.5 Capitalization of Association -Payment a) Each Owner (other than Declarant [or a Builder]) ofa Lot with a completed Dwelling thereon will pay a contribution to the Association (the "Initial Contribution"), which DECLARATION OF COVENANTS, CONOITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE17 amount shall be clue immediately upon the transfer of title to the Lot. Upon the purchase/resale of a Lot with a completed Dwelling from Declarant or another Builder
BRYSON SPRINGS PHASE I & II PAGE17 amount shall be clue immediately upon the transfer of title to the Lot. Upon the purchase/resale of a Lot with a completed Dwelling from Declarant or another Builder or an occupying owner, the Initial Contribution initially shall be $300. This fee will be charged each and every time the lot/home is sold (if the Association is in existence).
This fee can be adjusted up to ten percent (10%) per year by the Board, at the Board's sole discretion; provided, however, any yearly increase which would exceed ten percent (10%) of the amount of the previous year will require approval of sixty-seven percent (67%) or greater of all outstanding votes of the Members entitled to be cast.
b) Notwithstanding the foregoing provision, the following transfers will not be subject to the requirement to pay the Initial Contribution: (i) foreclosure of a deed of trust lien, tax lien, or the Association's assessment lien; (ii) transfer to, from, or by the Association; or (iii) voluntary transfer by an Owner to one or more co-owners, or to the Owner's spouse, child or parent. In the event of any dispute regarding the application of the Initial Contribution to a particular Owner, the Board's determination regarding application of the exemption will be binding and conclusive without regard to any contrary interpretation of this Section 7.5. The Initial Contribution will be in addition to, not in lieu of, any other assessments or other charges levied in accordance with this Article VII and will not be considered an advance payment of such assessments. The Association will have the power to waive the payment of any initial Contribution attributable to a Lot by the execution and recorclation in the Public
dered an advance payment of such assessments. The Association will have the power to waive the payment of any initial Contribution attributable to a Lot by the execution and recorclation in the Public Records of a waiver notice executed by a majority of the Board.
7.6 The Effect of Non-Payment of Assessments: Remedies of the Association. Each Owner shall be obligated to pay to the Association the assessments provided for herein, and each shall be subject to the enforcement of the assessments in the manner herein specified. In the event the Association employs attorneys for collection of any assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner against whom collection or enforcement or other action is taken shall pay reasonable attorney's fees and costs thereby incurred in addition to any other amounts clue or any other relief or remedy obtained against said Owner. In the event of a default by an Owner in payment of ati.y such assessment when due, the assessment shall be deemed delinquent, and in addition to any other remedies herein or by law provided, the Association may enforce each such obligation against the Owner in any manner provided by law or in equity, specifically including: (a) Enforcement by Suit. The Association may cause a suit at law to be commenced and maintained in the name of the Association against an Owner to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the highest legal rate from the data of delinquency, plus court cost, and reasonable attorney's fees and shall be a lien against the Owner's Lot.
of the delinquency, together with interest thereon at the highest legal rate from the data of delinquency, plus court cost, and reasonable attorney's fees and shall be a lien against the Owner's Lot.
(b) Enforcement by Lien. There is, to the full extent permitted by law, hereby created and granted a lien, with power of sale, on each Lot to secure payment to the Association of any and all assessments levied against all Owners of such Lots under these Restrictions DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE 18 ' I_ -and all damages owed by any Owner to the Association, however incurred, together with interest thereon at the highest legal rate from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorney' s fees. At any time after the occurrence of any default in payment of any such assessment, the Association, or any authorized representative, shall deliver to the defaulting Owner, on behalf of the Association, notice of such default as required under Chapter 209 of the Texas Property Code, as amended. The demand shall state the date and the amount of the delinquency and any other information that is required to be sent by such notice of default under Chapter 209 of the Texas Property Code, as amended. Each default shall constitute a separate basis for a demand or claim of lien, but any number of defaults may be included within a single demand or claim of lien. If such delinquency is not paid after delivery of such demand, the Board may elect to file a notice oflien on behalf of the Association against Lot owned by the defaulting Owner. Thereafter,
of lien. If such delinquency is not paid after delivery of such demand, the Board may elect to file a notice oflien on behalf of the Association against Lot owned by the defaulting Owner. Thereafter, such lien may be foreclosed upon in accordance with Texas Property Code Section 209 and/or Texas Property Code 51.002, each as amended. Such a claim of lien shall be executed and acknowledged by any officer of the Association, and shall contain substantially the following information: (1) The name of the delinquent Owner; (2) The legal description and if applicable, street address of the Lot against which the claim oflien is made; (3) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and reasonable attorney's fees; and (4) That the claim of the lien is made by the Association pursuant to the Restrictions. Notwithstanding the foregoing, it is expressly intended that the lien herein described shall immediately attach and become effective in favor of the Association as a lien upon any Lot against which an assessment is levied regardless of whether any demand is made or claim oflien filed. Such a lien shall have priority over all liens or claims created subsequent to the recordation of the claim of lien thereof, except only tax municipal or other governmental assessing unit, and the liens which are specifically described in section 7.S(b)(S) below. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a deed of trust or other contracted lien with power of sale as set forth by the laws of the State of Texas, as the same maybe
te action in court or in the manner provided by law for the foreclosure of a deed of trust or other contracted lien with power of sale as set forth by the laws of the State of Texas, as the same maybe changed or amended. The lien provided for herein shall be in favor of the Association and all other Lot Owners. The Association shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage, and convey any Lot. In the event such foreclosure is by action in court, reasonable attorney's fees, court costs, title search fees, DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE19 interest, and all other costs and expenses shall be allowed to the extent permitted by law. Each Owner, by becoming an Owner of a Lot, hereby expressly waives any objection to the enforcement and foreclosure of this lien in this manner.
(5) Subordination of the Lien to Mortgages. The lien described herein shall be subordinate to any first lien deed of trust on the Property or a Lot which was recorded before the delinquent assessment became due and owing.
7.6 Association's Right to Bid Credit. At any foreclosure, judicial or non-judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorneys' fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. From and after any such foreclosure, the occupants of such Lot shall be required to pay a reasonable rent for the use of such Lot and such occupancy shall constitute a tenancy-at-sufferance, and the purchaser at such foreclosure shall be entitled to the appointment of a receiver to collect such rents and,
for the use of such Lot and such occupancy shall constitute a tenancy-at-sufferance, and the purchaser at such foreclosure shall be entitled to the appointment of a receiver to collect such rents and, further, shall be entitled to sue for recovery of possession of such Lot by forcible detainer without further notice.
7.7 Common Areas Exempt. All Common Properties as defined in Section 1.1 hereof, and any common areas of any other association designated on any recorded plat filed by Declarant, and all portions of the Property owned by or otherwise dedicated to any political subdivision, shall be exempted from the assessments and lien created herein.
7.8 Property of Declarant Exempt. All property owned by Declarant is exempt from the assessments and liens created herein. Declarant shall have the right to assign this exemption to any transferee in bulk of the Lots owned by Declarant in connection with any transfer of Lots in bulk.
ARTICLES ADMINISTRATION AND MANAGEMENT 8.1 Governing Documents. The administration of the Property shall be governed by these Restrictions, the Bylaws, and any Design Guidelines or Rules and Regnlations of the Association, as promulgated and published from time to time.
8.2 Evidence of Compliance with Declaration. Records of Declarant or the Association with respect to compliance with this Declaration kept in the ordinary course of business shall be conclusive evidence as to all matters shown by such records. A certificate of completion and compliance issued by Declarant or the secretary of the Association stating that the Improvements to a Lot were made in accordance with this Declaration, or a certificate as to any matters relating to this Declaration issued by Declarant or the secretary of the
iation stating that the Improvements to a Lot were made in accordance with this Declaration, or a certificate as to any matters relating to this Declaration issued by Declarant or the secretary of the Association, shall be conclusive evidence as to all matters shown by such certificate.
8.3 Association Insurance. The Association shall maintain property insurance, comprehensive DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE20 public liability insurance, and errors and omissions insurance on behalf of the directors, officers, managers and employees of the Association and the Association may assess the Owners for the cost of insurance maintained by the Association.
8.4 Personal Property for Common Use. The Association may acquire and hold property, tangible and intangible, real and personal, in the name of the Association, for the use and benefit of all Owners and may dispose of the same by sale or otherwise, as the Association determines in its sole discretion.
ARTICLE9 PROPERTY RIGHTS OF DECLARANT So long as Declarant owns any interest in the Property, Declarant hereby specifically excepts, excludes, and reserves the following rights and interests in the Property: 9.1 9.2 9.3 9.4 Amendments. So long as Declarant owns at least one (1) Lot, Declarant shall have the right to amend this Declaration and each amendment shall apply to all of the Property, whether owned by Declarant or not.
Plat Revision. Declarant reserves the right to replat the Property and revise the acreage and configuration of Lots owned by Declarant, to change any building lines or setback lines, or change the course or size of easements so long as Declarant holds legal title to the affected Lots.
eage and configuration of Lots owned by Declarant, to change any building lines or setback lines, or change the course or size of easements so long as Declarant holds legal title to the affected Lots.
Sales and Construction Activities. Declarant shall have the right to maintain sales and administrative offices, construction offices or trailers, model homes, and parking facilities, storage facilities, and signs on the Property and to conduct sales activities on the Property as long as Declarant owns at least one (1) Lot.
Construction Work by Declarant. Declarant shall have the right to construct and complete the construction of Roads and any common improvements on the Property. In connection therewith, Declarant reserves the right to use, occupy, and excavate the surface and subsurface of the ground for the erection, construction, and installation of said improvements including, but not limited to, the right to locate, install, maintain, and repair all utilities and utility lines, whether temporary or permanent, necessary for Declarant's construction, reconstruction, maintenance, and operation. Declarant also reserves the right to extend the Roads located or to be located on the Property to other property. Declarant, in addition, reserves the right to convey to any county, water district, sanitary sewer district, or other municipal or quasi municipal corporation all sewer lines and mains, water lines and mains, and any other utilities constructed or to be constructed on the Property, together with suitable rights-of-way over the Property for the required maintenance, repair, replacement, and operation thereof. The foregoing rights reserved by Declarant do not impose on Declarant the obligation to construct or install any improvements of any kind.
ired maintenance, repair, replacement, and operation thereof. The foregoing rights reserved by Declarant do not impose on Declarant the obligation to construct or install any improvements of any kind.
9.5 General Right ofEntzy for Declarant. Declarant, so long as it shall retain record title to at DECLARATION OF COVENANTS, CONDITIONS, RESTRJCTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I &·II PAGE21 least one (I) Lot, reserves for itself and for the Association the right to enter upon any Lot, or any portion thereof, as may be needed for repair, maintenance, or construction on any of the Lots in accordance with these Restrictions.
ARTICLE IO OTHER EASEMENTS AND RIGHTS I 0.1 Utility and other Easements.
( a) Easements. Easements for the installation and maintenance of utilities are reserved as shown and provided for on the Plat or as dedicated by separate instruments.
Neither Declarant nor any utility company or authorized persons using the easements referred to herein shall be liable for any damages done by them or their assigns, agents, employees or servants, to fences, shrubbezy, trees, flowers, Improvements or other property of the Owner situated on the land within such easements as a result of ·construction, maintenance or repair work conducted by such parties.
(b) Underground Electrical Distribution System. An underground electric distribution system (the "System") will be installed in that part of the Property, which according to the Plat contains Lots (the "Underground Residential Subdivision"). The System embraces all of the Lots. This System shall consist of overhead primacy feeder circuits Constructed on wood or steel poles, single or three phase, as well as underground primacy and secondacy circuits, pad mounted
of the Lots. This System shall consist of overhead primacy feeder circuits Constructed on wood or steel poles, single or three phase, as well as underground primacy and secondacy circuits, pad mounted or other types of transformers, junction boxes, and such other appurtenances as shall be necessacy to make underground service available to the Lots. The Owner of each Lot on which a Residence exists, shall, at the Owner's cost, furnish, install, own and maintain ( all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of the electric company's metering at the structure to the point of attachment at such company's installed transformers or energized secondacy junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each Lot. The electric company furnishing service shall make the necessacy connections at said point of attachment and at the meter. Declarant has either by . designation on the Plat or by separate instrument granted necessacy easements to the electric company providing for the installation, maintenance and operation of its electric distribution system and has also granted to the various homeowners reciprocal easements providing for access to the area occupied by and centered on the service wires of the various homeowners to permit installation, repair and maintenance of each homeowner's owned and installed service wires. In addition, the Owner of each Lot on which a Residence exists shall, at the Owner's cost, furnish, install; own and maintain a meter loop (in accordance with the then current standards and specifications of the electric
er of each Lot on which a Residence exists shall, at the Owner's cost, furnish, install; own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for the Residence involved. For as long as underground service is maintained in the Underground Residential Subdivision, the electric service to DECLARATION OF COVENANTS, CONDITIONS, RESTRJCTIONS, AND EASEMENTS OF BRYSON SPRINGS PHAsE I & II PAGE22 each Residence therein shall be underground, uniform in character and exclusively of the type known as single phase, 120/240 volt, three wire, 60 cycle, alternating current. The electric company has installed, the underground electric distribution system in the Underground Residential Subdivision at no cost to Declarant ( except for certain conduits, where applicable, and except as hereinafter provided) upon Declarant's representation that the Underground Residential Subdivision is being developed for Residences, which are designed to be permanently located where originally constructed (such category of Residences expressly to exclude mobile homes) which are built for sale or rent.
The provisions of the preceding paragraph also apply to any future residential development in any reserves shown on the Plat as such Plat exists at the execution of the agreement for underground electric service between the electric company and Declarant. The provisions of the preceding paragraph do not apply to any future nonresidential development in such reserve(s).
Easements for the underground service may be crossed by driveways and walkways provided that the builder or Owner makes prior arrangements with the utility
nresidential development in such reserve(s).
Easements for the underground service may be crossed by driveways and walkways provided that the builder or Owner makes prior arrangements with the utility company furnishing electric service and provides and installs the necessary electric conduit of approved type and size under such driveways or walkways prior to construction thereof Such easement for the underground service shall be kept clear of all other Improvements, including buildings, patios, or other paving, and neither builder nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, agents, employees, or servants, to shrubbery, trees, or Improvements ( other than crossing driveways or walkways provided the conduit has been installed as outlined above) of the Owner and located on the land covered by said easements.
(c) Cable Television. Declarant reserves the right to hereafter enter into a franchise or similar type agreement with one or more cable television companies and Declarant shall have the right and power in such agreement or agreements to grant to such cable television company or companies the uninterrupted right to install and maintain communications cable and related ancillary equipment and appurtenances within the utility easements and rights-of-way dedicated by the Plat or by separate instruments pertaining to the Property.
(d) Except Declarant's obligation set forth above, each Owner shall be responsible for, and shall pay for, the installation and maintenance of all ntilities to the Owner's Lot, and Declarant does not warrant or gnaranty the availability of utilities or the economic feasibility of bringing utilities to any Lot. ·
stallation and maintenance of all ntilities to the Owner's Lot, and Declarant does not warrant or gnaranty the availability of utilities or the economic feasibility of bringing utilities to any Lot. · (e) The Property, and each Lot, as applicable, is subject to all easements established by or shown on the Plat.
10.2 Use of Common Properties. Subject to provisions of Section I 0.4, the Owners, tenants, and occupants of each Lot shall have the right to use the Common Properties in common with the other Owners, tenants and occupants of the Lots.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE l & II PAGE23 10.3 Title to the Common Properties. Declarant will hold record title to the Common Properties, which shall include the right and option (without the joinder and consent of any person or entity) to encumber, mortgage, design, redesign, reconfigure, alter, improve, landscape and maintain the Common Properties, until such time that Declarant conveys title to the Common Properties to the Association for the purposes herein described. Declarant reserves the right to execute any open space declarations applicable to the Common Properties which may be permitted by law in order to reduce property taxes.
10.4 Perpetual Easements. All easements reserved or created in any part of this Declaration for the benefit of Declarant or the Association are perpetual. Utility easements reserved or created herein for the benefit of the Association may be granted or assigned by the Association, in whole or in part, on an exclusive or nonexclusive basis, to any public or private utility or utilities.
10.5 Condemnation or Governmental Taking.
(a) If all or any part of the Common Properties are taken by any authority having the power
nonexclusive basis, to any public or private utility or utilities.
10.5 Condemnation or Governmental Taking.
(a) If all or any part of the Common Properties are taken by any authority having the power of condemnation or eminent domain or are conveyed in lieu thereof, the funds payable with respect thereto shall be payable to the Association and shall be used by the Association to purchase additional Common Properties to replace that which has been condemned or to take whatever steps it deems reasonably necessary to repair any damage suffered by the condemnation. If all of the funds cannot be used in such manner, any remaining funds may be distributed equitably to the Owners.
(b) If all or any part of a Lot is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof, and the Owner elects not to restore the remainder of the Lot, then the Owner shall promptly remove any remaining improvements damaged or destroyed by stich taking or conveyance and shall leave the Lot in orderly, safe and net condition; ( c) If any part of a Lot is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu .thereof and the Owner elects to restore the remainder of the Lot, then, subject to the provisions of this Declaration, the Owner shall diligently restore, within 90 days after the taking,. the remainder of the Lot to the same condition it was in prior to such taking or conveyance.
ARTICLEll INSURANCE AND INDEMNIFICATION 11.1 Insurance Requirements Generally.
(a) The Association shall obtain and maintain in full force and effect commercial general liability insurance and such other insurance as it deems necessary or desirable. All such insurance shall be
.
(a) The Association shall obtain and maintain in full force and effect commercial general liability insurance and such other insurance as it deems necessary or desirable. All such insurance shall be obtained from responsible companies duly authorized and licensed to do business in the State of Texas. To the extent possible, the insurance shall: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE24 (1) Provide a waiver of subrogation by the insurer as to claims against the Association, its directors, officers, employees, agents and Owners; and (2) Provide that the policy of insurance shall not be terminated, canceled, or substantially modified without at least thirty (30) days prior written notice to the Association.
Any insurance policy may contain such deductible provisions as the Association deems consistent with good business practice. The cost and expense of all insurance obtained by the Association shall be paid out of Association funds.
(b) The Association will not carry any insurance pertaining to, nor does it assume any liability or responsibility for, the real or personal property of the Owners (and their respective family members and guests). Each Owner expressly understands, covenants and agrees with Declaration and the Association that: (1) Neither Declarant nor the Association has any responsibility or liability of any kind or character whatsoever regarding or pertaining to the real and personal property of each Owner; (2) Each Owner shall, from time to time and at various times, consult with reputable insurance industry representatives of each Owner's own selection to select, purchase, obtain and maintain appropriate insurance providing the amount, type and kind of
ous times, consult with reputable insurance industry representatives of each Owner's own selection to select, purchase, obtain and maintain appropriate insurance providing the amount, type and kind of insurance deemed satisfactory to each Owner covering his or her real and personal property.
( c) Each Owner will abide by any and all Rules and Regulations, as adopted and promulgated from time to time, refated to the entry upon and use of the Common Properties.
11.2 Indemnification. The Declarant, each officer, director, ARC or other committee member, or agent of the Association shall be indemnified by the Association against all expenses and liabilities, including attorney's fees, reasonably incurred by or imposed upon him in any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been Declarant, an officer, director, committee member, or agent of the Association; provided, however, that (a) in the case of Declarant or any affiliate entity of Declarant, or any officer, director, or employee ofDeclarant or any affiliate, this indemnification shall not apply if Declarant or any affiliate or the indemnified officer, director, or employee of Declarant or any affiliate is adjudged guilty of malfeasance in the performance of its or his obligations hereunder, and (b) in the case of any other indemnified party, this indemnification shall be applicable only as set forth in the Bylaws of the Association.
ARTICLE12 GENERAL PROVISIONS 12.1 Terms of and Amendments to Restrictions. The prov1s10ns hereof, including the Restrictions, shall run with the Property and be binding on each Owner for a period of thirty (30) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE25
strictions, shall run with the Property and be binding on each Owner for a period of thirty (30) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE25 years from the date hereof, at which time all provisions shall be automatically extended for successive periods of ten ( 10) years, unless prior to the expiration of any such initial period or extended period, Declarant and/or at least seventy-five percent (75%) of the Owners shall have executed and recorded an instrument to become operative at the expiration of the particular period.
So long as Declarant owns at least one (1) Lot, these Restrictions may be amended or revoked only by Declarant, and no other Owner shall have a vote regarding amendment or revocation. After Declarant no longer owns any Lot, these Restrictions may be amended with the consent of seventy five percent (75%) of the Lot Owners, with each Lot being entitled to one (1) vote.
12.2 Complaints by Owner. If any Owner believes any other Owner is in violation of this Declaration, a complaint may be transmitted in writing to the President of the Association, who shall thereupon notify the Board. The Board shall have the right (but not the obligation or duty) to institute appropriate legal action, at law or in equity, to enforce this Declaration, and may recover its reasonable expenses, including attorney's fees. Without limiting the foregoing, the Association may take such other action as it deems necessary to cure the Owner's violation and the cost expended by the Association in doing so shall be a charge and lien upon the subject Lot.
12.3 Complaints by Association. If an Owner is in violation of this Declaration, the Association
n and the cost expended by the Association in doing so shall be a charge and lien upon the subject Lot.
12.3 Complaints by Association. If an Owner is in violation of this Declaration, the Association may so notify such Owner in writing. If the Owner fails to remedy the violation within ten (10) days following delivery of such notice, then the Association shall have the right (but not the obligation or duty) to institute appropriate legal action, at law or in equity, including, but not limited to, obtaining a temporary restraining order and subsequent iajunction, to enforce this Declaration, and may recover the damages owed by such Owner pursuant to 12.4 below, any other damages incurred by the Association, and its reasonable expenses, including attorney's fees.
Without limiting the foregoing, the Association may take such other action as it deems necessary to cure the Owner's violation and the cost expended by the Association in doing so shall be a charge and lien upon the subject Lot. Only the Association shall have the right to levy a fine for a violation under this section.
12.4 Per Day Damages for Violations. Any Owner in breach or violation of the Restrictions shall incur a penalty of $100 per day per breach or violation until the breach or violation is remedied or cured. Such sum shall be payable to the Association as damages.
12.5 Association's Authority to Correct Violations. If an Owner who has committed a violation of these restrictions (a "Restriction Violation") does not cure it within such ten (10) day period, then Association shall have the right and power to enter onto the Lot and correct the failure without any liability for damages for wrongful entry, trespass or otherwise to any Person. The Owner of
d, then Association shall have the right and power to enter onto the Lot and correct the failure without any liability for damages for wrongful entry, trespass or otherwise to any Person. The Owner of the Lot on which such curative work is performed shall• be liable for the cost of such work and shall promptly reimburse the Association for such cost. If the Owner fails to reimburse the Association within ten ( 10) days after receipt of a statement for such work from the Association, then said indebtedness shall be a person debt of such Owner, shall be a violation secured by a lien against the Lot on which said work was performed. Such lien shall have the same attributes as the liens for Assessments set forth herein, which provisions are incorporated herein by reference and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure.
12.6 Waiver of Enforcement. Waiver of enforcement of any provision of this Declaration shall be limited to that particular provision which is waived, in writing, as to a particular matter as it relates to a particular Lot, and shall not be construed to be a waiver of any other provision of this DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE 26 Declaration. A variance granted by Declarant or the Association is not a waiver and shall not entitle any other owner to a waiver or variance.
12. 7 Effect of Ordinances. Police, fire, and other public safety ordinances of any governmental corporation or unit having jurisdiction over any portion of the Property shall govern where more restrictive than this Declaration.
12.8 Bylaws. To the extent of any conflict between this Declaration and the Bylaws, this Declaration shall control.
y portion of the Property shall govern where more restrictive than this Declaration.
12.8 Bylaws. To the extent of any conflict between this Declaration and the Bylaws, this Declaration shall control.
12.9 Severability. Invalidation of any provision of this Declaration by judgment or court decree shall in no way affect any other provisions which shall remain in full force and effect. Nothing herein shall be in conflict with Texas homestead law. Should a provision herein be in conflict, Texas homestead law shall apply. All other provisions shall remain in full force and effect.
12.10 12ifil:1ute Resolution between Owners.
(a) Each Owner agrees that if any dispute arises between such Owner and Declarant, the Association, or the ARC as to any matter arising out of or related to this Declaration, then before proceeding with any legal action the parties shall, with reasonable promptness, arrange a mutually agreeable time for a face-to-face meeting between fully authorized representatives to seek to resolve the dispute in a mutnally acceptable manner.
(b) If the meeting described in (a) above fails to resolve the dispute or fails to occur, then said parties shall agree to promptly submit the dispute to mediation in Ellis County, Texas before a single attorney mediator practicing law in Ellis County, Texas (or any surrounding county) chosen by Declarant or the Association, as the case may be, and approved by the Owner within the Owner's reasonable discretion.
(c) lfthe mediation described in (b) above fails to resolve the dispute or fails to occur, then upon demand by either party, the parties shall submit to binding arbitration all disputes between or among them arising out of or relating to this Agreement.
esolve the dispute or fails to occur, then upon demand by either party, the parties shall submit to binding arbitration all disputes between or among them arising out of or relating to this Agreement.
12.11 Additional Property. Declarant may at any time subject additional land to this Declaration and the Restrictions by filing an amendment or supplement to this Declaration covering the additional land and declaring it to be subject hereto.
[Signature Page Follows] DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE27 EXECUTED to be effective the date first written above.
STATE OF TEXAS ) ) JHDMC LIMITED LIABILITY COMPANY, a Texas limited liability company By: Title: Cvw1 l. Mill~ It Fo CFO of JHDMC Limited Liability Company, a Texas limited liability company, on behalf of said company.
WENDY JO AUSTIN Notary Public State of Texas ID # 129327931 Comm. Expires 3/1/17 My Commission Expires: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE28 Exhibit A PROPERTY DESCRIPTION Bryson Springs Phase I BEING a 58.619 acre tract ofland in the J. Berry Survey, Abstract Number 86, situated in Ellis County, Texas, and being a portion of that certain tract of land described in deed to JHH Property Acquisition Services, LLC, recorded in Volume 2796, Page 2478, Deed Records, Ellis County, Texas, and being a portion of that certain tract ofland described in deed to JHH Property Acquisition Services; LLC, recorded in Volume 2797, Page 1469, Deed Records, Ellis County, Texas, and being a portion of that
g a portion of that certain tract ofland described in deed to JHH Property Acquisition Services; LLC, recorded in Volume 2797, Page 1469, Deed Records, Ellis County, Texas, and being a portion of that certain tract of land described in deed to JHH Property Acquisition Services, LLC, recorded in Volume 2796, Page 960, Deed Records, Ellis County, Texas. The bearings for this survey are based on the bearings as they appear in Cabinet C, Slide 440, Plat Records, Ellis County, Texas.
BEGINNING at a 1/2" iron rod with plastic cap stamped "RPLS 4818" set at the most southerly southwest comer of said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 24 78, being in the north line of Hidden Acres, Phase One, an addition recorded in Cabinet F, Slide 366, Plat Records, Ellis County, Texas, and being at the southeast corner of Lot 7, Shiloh Branch Estates II, an addition recorded in Cabinet Cabinet C, Slide 711, Plat Records, Ellis County, Texas; THENCE with the common lines of said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 2478, and said Shiloh Branch Estates II, the following courses and distances: North 00°44'16" West, a distance of 196.64 Feet to a 1/2" iron rod found; North 89°16'16" East, a distance of221.11 Feet to a 1/2" iron rod found; North 00°36'05" West, a distance of 196. 77 Feet to a 1/2" iron rod found; South 89°19'15" West, a distance of221.14 Feet to a 1/2" iron rod found; North 00°39'16" West, a distance of710.66 Feet to a 1/2" iron rod found; North 30°07'20" East, a distance of227.3 l Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; THENCE departing the said common lines, and continuing over and across said JHH Property Acquisition
07'20" East, a distance of227.3 l Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; THENCE departing the said common lines, and continuing over and across said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 2478, and across said JHH Property Acquisition Services, LLC. tract, recorded in Volume 2797, Page 1469, and across JHH Property Acquisition Services, LLC. tract, recorded in Volume 2796, Page 960, the following courses and distances: North 89° 11 '57'' East, a distance of225.07 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set at the point of curvature of a non-tangent curve, concave to the west, having a radius of 294.92 Feet, a central angle of06°36'45", and a chord of34.02 Feet bearing North 01 °02'07" East; DECLARATION OF COVENANTS, CONDlTIONS, RESTRlCTlONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE29 Northerly along said curve, a distance of34.04 Feet to a 1/211 iron rod with plastic cap stamped 11RPLS 4818" set; North 89°11 '5711 East, a distance of 44.00 Feet to a 1/211 iron rod with plastic cap stamped 11RPLS 4818" set; South 76°45'53" East, a distance of 16.49 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 89°11'5711 East, a distance of 548.00 Feet to a 1/211 iron rod with plastic cap stamped "RPLS 4818" set; North 84°13'45" East, a distance of 46.17 Feet to a 1/211 iron rod with plastic cap stamped "RPLS 481811 set; North 89°11'5711 East, a distance of28.00 Feet to a 1/211 iron rod with plastic cap stamped 11RPLS 4818" set at the point of curvature of a non-tangent curve, concave to the northeast, having a radius of20.00 Feet, a central angle of90°00'00", and a chord of28.28 Feet bearing South 45°48'0311 East;
4818" set at the point of curvature of a non-tangent curve, concave to the northeast, having a radius of20.00 Feet, a central angle of90°00'00", and a chord of28.28 Feet bearing South 45°48'0311 East; Southerly along said curve, a distance of 31.42 Feet to a 1/211 iron rod with plastic cap stamped 11RPLS 4818" set; South 00°48'03" East, a distance of28.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 04°10'08" West, a distance of 46.17 Feet to a 1/211 iron rod with plastic cap stamped "RPLS 481811 set; South 00°48'03" East, a distance of 127.00 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 89°11'57" East, a distance of288.00 Feet to a 1/2" iron rod with plastic cap stamped 11RPLS 481811 set; South 00°48'0311 East, a distance of 157.00 Feet to a 1/211 iron rod with plastic cap stamped 11RPLS 481811 set; South 39°40'3511 East, a distance of 120.29 Feet to a 1/2" iron rod with plastic cap stamped 11RPLS 4818" set; North 74°29'4411 East, a distance of 102.87 Feet to a 1/2" iron rod with plastic cap stamped 11RPLS 4818" set; South 00°48'03" East, a distance of 163.95 Feet to a 1/2" iron rod with plastic cap stamped 11RPLS 4818" set; North 69°33'18" East, a distance of35.77 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; DECLARATION OF COVENANTS, CONDITIONS, RESTRJCTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE 30 North 47°33'44" East, a distance of 1S4.60 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 76°17'47" East, a distance ofS6S.03 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 88°09'34" East, a distance of3S0.37 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818"
7'47" East, a distance ofS6S.03 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 88°09'34" East, a distance of3S0.37 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set in the east line of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469; THENCE South 00°48'03" East, with the east line of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, a distance of 416.76 Feetto a 1/2" iron rod with plastic cap stamped "RPLS 4466" found at the most easterly southeast comer of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and being in the north line of Block 1, Clark Manor, an addition recorded in Cabinet C, Slides 6S4-6S6, Plat Records, Ellis County, Texas; THENCE with the common lines of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and said Block One, Clark Manor, the following courses and distances: South 89°16'21" West, a distance of364.84 Feet to a 1/2" iron rod found; South 00°37'58" East, a distance of S36.40 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set at the most southerly southest comer of said JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and being at the northeast comer of said Hidden Acres, Phase One; THENCE South 89°18'27" West, departing the said common line of JHH Property Acquisition Services, LLC tract, recorded in Volume 2797, Page 1469, and Block One, Clark Manor, and continuing along the north line of said Hidden Acres, Phase One, a distance of2190.25 Feet to the POINT OF BEGINNING, and containing a computed area ofSS.619 acres, more or less.
One, Clark Manor, and continuing along the north line of said Hidden Acres, Phase One, a distance of2190.25 Feet to the POINT OF BEGINNING, and containing a computed area ofSS.619 acres, more or less.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE31 PROPERTY DESCRIPTION Bryson Springs Phase U BEING an 88.609 acre tract of land in theJ. Berry Survey, Abstract Number 86, situated in the City of Midlothian, Ellis County, Texas, and being a portion of that certain tract ofland described in deed to JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 2478, Deed Records, Ellis County, Texas, and being a portion of that certain tract ofland described in deed to JHH Property Acquisition Services, LLC, recorded in Volume 2797, Page 1469, Deed Records, Ellis County, Texas, and being a portion of that certain tract ofland described in deed to JHH Property Acquisition Services, LLC, recorded in Volume 2796, Page 960, Deed Records, Ellis County, Texas. The bearings for this survey are based on the bearings as they appear in Cabinet C, Slide 440, Plat Records, Ellis County, Texas. Said 88.609 acre tract ofland being described by metes and bounds as follows: COMMENCING at a ½11 iron rod found at the southeast corner of Lot 2, of Shiloh Branch Estates, Phase II, recorded in Cabinet C, Slide 711, Plat Records, Ellis County, Texas, and being at the northeast corner of Access Easement No. 2, recorded in Volume 1505, Page 753, Official Public Records, Ellis County, Texas, and being in a westerly line said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 2478; THENCE North 30°07'2011 East, with the said westerly line, a distance of227.31 Feet to a ½11 iron rod
a westerly line said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 2478; THENCE North 30°07'2011 East, with the said westerly line, a distance of227.31 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 481811 set at the most southerly southwest corner of said JHH Property Acquisition Services, LLC., recorded in Volume 2796, P~e 960 tract, same being a northwest corner of said JHH Property Acquisition Services, LLC, recorded in Volume 2796, Page 2478 tract, and being at the POINT OF BEGINNING; THENCE with the westerly and southerly lines of said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract, the following courses and distances: North 00°54'0111 West, a distance of202.70 Feet to a ½11 iron rod found; South 89°07'0911 West, a distance of258.51 Feet to a ½11 iron rod found; North 00°33'3011 West, a distance of229.28 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 481811 set; South 89°12'0611 West, a distance of208.53 Feet to a ½11 iron rod found; North 01°28'5611 East, a distance of232.36 Feet to a½" iron rod with plastic cap stamped 11RPLS 481811 set; · North 05°20'4911 East, a distance of 158.27 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 481811 set; North 00°50'1111 West, a distance of263.67 Feet to a½" iron rod with plastic cap stamped 11RPLS 481811 set; DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE32 L North 01 °28'39" East, a distance of 173.39 Feet to a¾" iron road found at the northwest comer of said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract; THENCE along the north line of said JHH Property Acquisition Services, LLC., recorded in Volume
orthwest comer of said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract; THENCE along the north line of said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract, the following courses and distances: North 89°10'41" East, a distance of523.33 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; South 89°55'16" East, a distance of411.35 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; South 00°42'40" East, a distance of 82.00 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; .North 88°03'53" East, a distance of380.24 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; North 89°11'42" East, a distance of393.44 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; North 89°02'20" East, a distance of399.97 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; North 88°46'33" East, a distance of327.54 Feet to a½" iron rod found at the northeast comer of said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract, same being the northwest corner of said JHH Property Acquisition Services, LLC., recorded in Volume 2797, Page 1469 tract; THENCE North 89°34'25" East, with the north line of said JHH Property Acquisition Services, LLC., recorded in Volume 2797, Page 1469 tract, a distance of 435.03 Feet to a½" iron rod with plastic cap stamped "RPLS 4466 BE" found at the northeast comer of said JHH Property Acquisition Services, LLC., recorded in Volume 2797, Page 1469 tract; THENCE South 00°48'03" East, with the east line of said JHH Property Acquisition Services, LLC., recorded in Volume 2797, Page 1469 tract, a distance of 1528.92 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set;
East, with the east line of said JHH Property Acquisition Services, LLC., recorded in Volume 2797, Page 1469 tract, a distance of 1528.92 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; THENCE departing the said east line, and continuing over and across said JHH Property Acquisition Services, LLC., recorded in Volume 2797, Page 1469 tract, the following courses and distances: North 88°09'34" West, a distance of350.37 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; South 76°17'47" West, a distance of565.03 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; South 47°33'44" West, a distance of 154.60 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; DECLARATION OF CoVENANTS, CONDITIONS, REsTRJCTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE33 South 69°3311811 West, a distance of35.77 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 4818" set; North 00°48'0311 West, a distance of 163.95 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 481811 set; South 74°29'4411 West, a distance of 102.87 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 4818" set; North 39°40'3511 West, a distance of 120.29 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 4818" set; North 00°48'0311 West, passing at a distance of 152.87 Feet the common line of said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract, and said JHII Property Acquisition Services, LLC., recorded in Volume 2796, Page 2478 tract, and continuing over and across said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract, for a total distance of 157.00 Feet to a ½11 iron rod with plastic cap stamped "RPLS 481811 set;
over and across said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract, for a total distance of 157.00 Feet to a ½11 iron rod with plastic cap stamped "RPLS 481811 set; THENCE South 89°11 '57'' West, continuing over and across said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 960 tract, passing at a distance of253.23 Feet, the said common line, and continuing over and across said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 2478 tract, for a total distance of288.00 Feet to a½" iron rod with plastic cap stamped 11RPLS 4818" set; THENCE continuing over and across said JHH Property Acquisition Services, LLC., recorded in Volume 2796, Page 2478 tract, the following courses and distances: North 00°48'03" West, a distance of 127.00 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; North 04°10'0811 East, a distance of 46.17 Feetto a½" iron rod with plastic cap stamped "RPLS 4818" set; North 00°48'03" West, a distance of28.00 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set at the point of curvature of a non-tangent curve, concave to the northeast, having a radius of20.00 Feet, a central angle of90°00'00", and a chord of28.28 Feet bearing South 45°48'03" East; Westerly along said curve, a distance of31.42 Feet to a ½11 iron rod with plastic cap stamped.11RPLS 481811 set; South 89°11'57'' West, a distance of28.00 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 481811 set; South 84°13'4511 West, a distance of 46.17 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 4818" set; South 89°11'57" West, a distance of 548.00 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set;
11 West, a distance of 46.17 Feet to a ½11 iron rod with plastic cap stamped 11RPLS 4818" set; South 89°11'57" West, a distance of 548.00 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set; DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE 34 North 76°45'53" West, a distance of 16.49 Feetto a½" iron rod with plastic cap stamped "RPLS 4818" set; South 89°11'57" West, a distance of 44.00 Feet to a½" iron rod with plastic cap stamped "RPLS 4818" set at the point of curvature of a non-tangent curve, concave to the west, having a radius of294.92 Feet, a central angle of06°36'45", and a chord of34.02 Feet bearing North 01 °02'07" East; Southerly along said curve, a distance of 34.04 Feet to a ½" iron rod with plastic cap stamped "RPLS 4818" set; South 89° 11 '57" West, a distance of 225.07 Feetto the POINT OF BEGINNING; and containing a computed area of 88.609 Acres, more or less.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE35 ExhibitB DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF BRYSON SPRINGS PHASE I & II PAGE36 e . .
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FINAL PLAT LOTSJ3..1'.BLOCKi:urtS1-14,BLOCIC2; LO'lSl-tS.,BLOCKJ BRYSON SPRINGS, PHASE I AN ADDlTIONTOEILISCOIINTY 0 TBXASASRECOBDED IN CABINET I, PAGES 55S-560.PUTRECORDSAND BEING SITUATEDINTBEJ.S.BERllYSURVEY,ABS'IllAttNO.lf.
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A,,,.,. p:ovis!on herein which restricts the sale, rentt,. o and page of the OFFICIAL PUBLIC RECORDS of Ellis County Texas and stamoed hereon COUNTY CLEfM ELLIS COUN'TY, TEXAS