✓ 70 2007 00019817 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Recorded On: February 20, 2007 Parties: CHATEAU DU LAC Το Instrument Number: 2007-19817 As Restrictions Comment: Restrictions 504.00 Total Recording: 504.00 (Parties listed above are for Clerks reference only) Billable Pages: 123 Number of Pages: 123 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 2007-19817 Receipt Number: 361579 Recorded Date/Time: February 20, 2007 11:39:36A User / Station: C Robinson - Cash Station 2 Record and Return To: RIDDLE AND WILLIAMS PC 3811 TURTLE CREEK BLVD STE 1050 DALLAS TX 75219 N DENTO COUNTY TEXAS THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certify that this instrument was FILED in the File Number sequence on the date/time printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
Ciftchell * 1846 * County Clerk Denton County, Texas HRT10000 70 152 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Recorded On: December 15, 2006 Parties: CHATEAU DU LAC Το Instrument Number: 2006-152750 As Restrictions Comment: (Parties listed above are for Clerks reference only) Restrictions 512.00 Total Recording: 512.00 Billable Pages: 125 Number of Pages: 125 REFILING DOCUMENT TO CORRECT EXHIBIT D - INITIAL DESIGN GUIDELINES Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
IT D - INITIAL DESIGN GUIDELINES Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 2006-152750 Receipt Number: 345423 Recorded Date/Time: December 15, 2006 02:32:31P User / Station: J Morris - Cash Station 1 Record and Return To: RIDDLE AND WILLIAMS 3811 TURTLE CREEK BLVD 1050 TURTLE CREEK CENTRE DALLAS TX 75219 * COUNTY 1846 * TEXAS THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certify that this instrument was FILED in the File Number sequence on the date/time printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
Cifutchell County Clerk Denton County, Texas iL SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHATEAU DU LAC After recording return to: Riddle & Williams, P.C.
3811 Turtle Creek Boulevard 1050 Turtle Creek Centre Dallas, Texas 75219 Table of Contents Page 1 ARTICLE I STATEMENT AND PURPOSE Section 1.1 "Property" Section 1.2 "Purpose" Section 1.3 "Amendment Requirements" Section 1.4 "Compliance with Amendment Requirements" Section 1.5 "Imposition of Covenants" ARTICLE II DEFINITIONS Section 2.1 "Annual Assessment" Section 2.2 "Approved Builder" Section 2.3 "Architectural Control Committee” or “Committee” Section 2.4 "Articles" or "Articles of Incorporation" Section 2.5 “Assessments" Section 2.6 “Association" Section 2.7 "Board of Directors" or "Board" 1 1 1 1 1 2 2 2 2 2 2 2 2 2222222222233 : 2 Section 2.8 "Builder" Section 2.9 "Building" Section 2.10 "Building Site" Section 2.11 "Bylaws” Section 2.12 "Chateau du Lac" Section 2.13 "Common Area" Section 2.14 "Common Expenses"
222222222233 : 2 Section 2.8 "Builder" Section 2.9 "Building" Section 2.10 "Building Site" Section 2.11 "Bylaws” Section 2.12 "Chateau du Lac" Section 2.13 "Common Area" Section 2.14 "Common Expenses" Section 2.15 "Declarant Control Period" Section 2.16 “Declaration of Annexation" Section 2.17 “Default Assessment" Section 2.18 "Default Rate" Section 2.19 "Design Guidelines" Section 2.20 "Development Rights" Section 2.21 "Director" Section 2.22 “Documents" Section 2.23 "First Mortgage" Section 2.24 "First Mortgagee" Section 2.25 "Improvement(s)" Section 2.26 "Living Unit" Section 2.27 "Lot" Section 2.28 "Maintenance Fund" Section 2.29 "Manager" Section 2.30 "Master Plan" Section 2.31 "Member" Section 2.32 "Mortgage" Section 2.33 "Mortgagee" Section 2.34 "Owner" Section 2.35 "Person" Section 2.36 "Plat" 3 3 3 3 4 4 4 5 5 5 5 5 5 5 5 5555555556996 1.
Page 6996.
6 677 7 7 7777 Section 2.37 "Property" Section 2.38 "Public View Section 2.39 "Rules" Section 2.40 "Special Assessment" Section 2.41 “Special Declarant Rights" Section 2.42 "Successor Declarant" Section 2.43 "Supplemental Covenants" Section 2.44 "Town" ARTICLE III THE CHATEAU DU LAC PLANNED COMMUNITY Section 3.1 "Establishment of Planned Community" Section 3.2 “Declaration of Lot Boundaries" Section 3.3 ARTICLE IV "Plat" ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4.1 "Membership" Section 4.2 "Transfer of Membership" Section 4.3 "Classes of Membership" Section 4.4 "Voting Rights" Section 4.5 "Appointment of Officers and Directors by Declarant" Section 4.6 "Notice of Membership" Section 4.7 "Owner's and Association's Addresses for Notices" Section 4.8 "Compliance with Documents" ARTICLE V POWERS AND DUTIES OF ASSOCIATION Section 5.1 "Association Management Duties" Section 5.2 “Common Area"
wner's and Association's Addresses for Notices" Section 4.8 "Compliance with Documents" ARTICLE V POWERS AND DUTIES OF ASSOCIATION Section 5.1 "Association Management Duties" Section 5.2 “Common Area" Section 5.3 "Rules and Regulations" Section 5.5 “Delegation by the Association" 9 9 10 11 Section 5.4 "Cooperation with Municipality/Districts" 11 12 Section 5.6 Section 5.7 “Ownership of Personal Property and Real Property for Common Use 12 "Roads and Streets" 12 Section 5.8 "Books and Records" 12 Section 5.9 "Reserve Account" 13 Section 5.10 "Successor to Declarant" 13 Section 5.11 "Implied Rights and Obligations" 13 Section 5.12 "Security" 13 Section 5.13 "Use of Recreational Facilities" 14 Section 5.14 "Construction Activities" 14 Section 5.15 “Provision of Services" 15 Section 5.16 "Relation with Other Properties" 15 ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE 15 Section 6.1 "Committee and Guidelines" Section 6.2 "Committee Membership" 15 16 556 ; Section 6.3 "Organization and Operation of Committee Page 16 Section 6.4 "Expenses" Section 6.5 "Purpose and General Authority" Section 6.6 "Approved Builder" Section 6.7 "Other Requirements" Section 6.8 "Limitation of Liability" Section 6.9 "Enforcement" Section 6.10 "Variances" Section 6.11 “Commencement and Continuity of Construction" Section 6.12 "Reconstruction of Common Area" Section 6.13 "Construction Deposit" Section 6.14 "Builder Performance" ARTICLE VIII PROPERTY USE RESTRICTIONS 17 17 19 19 24 Section 7.1 "General Restriction" 24 Section 7.2 "Use of Lots" 25 Section 7.3 "Vehicles" 25 Section 7.4 "Excavation; Mineral Development" 26 Section 7.5 “Electrical, Television, Natural Gas and Telephone Service" Section 7.6 "Sanitation" 27 27 2222222 2222222 Section 7.7 "Water and Wells" 27 Section 7.8 "Signs" 27
; Mineral Development" 26 Section 7.5 “Electrical, Television, Natural Gas and Telephone Service" Section 7.6 "Sanitation" 27 27 2222222 2222222 Section 7.7 "Water and Wells" 27 Section 7.8 "Signs" 27 Section 7.9 "Animals and Pets" Section 7.10 "Drainage" 28 Section 7.11 “Trash” 28 Section 7.12 "Construction Regulations of the Design Guidelines" Section 7.13 "Blasting" 28 28 Section 7.14 "Temporary Structures" 29 Section 7.15 "Compliance with Laws" Section 7.16 "No Outside Clotheslines" 29 Section 7.17 “Antennae" Section 7.18 "Outside Burning" Section 7.19 "Fertilizers and Pesticides" Section 7.20 "Noise" Section 7.21 "Lighting" Section 7.22 "Obstructions" 12222222222222 27 29 29 29 29 30 30 30 Section 7.23 "Camping and Picnicking" 30 Section 7.24 "House Numbers" 30 Section 7.25 "Fire Clearance Measures" 30 Section 7.26 "Roofing Material" 30 Section 7.27 “Building Code" 30 Section 7.28 "Fencing" 30 Section 7.29 "Clear Vision Area and Cul-de-sacs" 30 Section 7.30 "Nuisance" 31 Section 7.31 "General Practices Prohibited" Section 7.32 "Use of Property During Construction" Section 7.33 "Partition or Combination of Lots" 333 31 Page Section 7.34 "Common Area - Covenants to Apply" Section 7.35 "Rental and Leasing" Section 7.36 "Wetlands, Lakes and Other Water Bodies" Section 7.37 "Single Family Restrictions" Section 7.38 "Access Restrictions" Section 7.39 “Enforcement" ARTICLE VIII OWNERS' OBLIGATIONS FOR MAINTENANCE Section 8.1 "Owner's Responsibility for Lot" Section 8.2 "Maintenance Standards" Section 8.3 "Assumption of Maintenance" Section 8.4 "Common Area Maintenance" Section 8.5 "Owner's Negligence" ARTICLE IX ASSESSMENTS Section 9.1 "Creation of Lien and Personal Obligation for Assessments" Section 9.2 "Purpose of Assessments" Section 9.3 "Annual Assessments" 36
Section 8.5 "Owner's Negligence" ARTICLE IX ASSESSMENTS Section 9.1 "Creation of Lien and Personal Obligation for Assessments" Section 9.2 "Purpose of Assessments" Section 9.3 "Annual Assessments" 36 223332 73300 34 34 34 35 35 36 i Section 9.4 "Special Assessments" + www ww 37 37 39 40 Section 9.5 "Default Assessments" Section 9.6 "General Remedies of the Association for Nonpayment of Assessments”40 Section 9.7 “Assessment Lien" Section 9.8 "Successor's Liability for Assessment" Section 9.9 “Waiver of Homestead Exemption; Subordination of the Lien" Section 9.10 "Reallocation of Assessments Secured by Extinguished Liens" Section 9.11 "Capitalization of the Association" 41 42 42 42 43 Section 9.12 "Exempt Property" Section 9.13 "Statement of Status of Assessments" Section 9.14 "Failure to Assess" 43 43 43 ARTICLE X PROPERTY RIGHTS OF OWNERS Section 10.1 "Owners' Easements of Access and Enjoyment" Section 10.2 "Delegation of Use" Section 10.3 "Easements of Record and of Use" Section 10.4 “Emergency Access Easement" 1 ##### 44 44 44 44 44 ARTICLE XI SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS 44 Section 11.1 “General Provisions" 44 Section 11.2 “Supplemental Provisions Regarding Declarant's Rights" Section 11.3 "Utility Easements" 45 46 Section 11.4 "Reservation for Expansion and Construction" 46 胡胡尚湖村 Section 11.5 "Reservation of Easements, Exceptions, and Exclusions for Utilities, Infrastructure, and Access" 46 Section 11.6 “Maintenance Easement" 47 Section 11.7 "Drainage Easement" 47 iv Section 11.8 "Declarant's Rights Incident to Construction" Section 11.9 “Easements for Lakes and Pond Maintenance and Flood Water" Section 11.10 "Easements to Serve Additional Property" Section 11.11 “Easements Deemed Created" ARTICLE XII INSURANCE AND FIDELITY BONDS
11.9 “Easements for Lakes and Pond Maintenance and Flood Water" Section 11.10 "Easements to Serve Additional Property" Section 11.11 “Easements Deemed Created" ARTICLE XII INSURANCE AND FIDELITY BONDS Section 12.1 "Authority to Purchase" Section 12.2 “General Insurance Provisions" Section 12.3 "Physical Damage Insurance on Common Area" Section 12.4 "Liability Insurance" Section 12.5 "Fidelity Insurance" Section 12.6 "Provisions Common to Physical Damage Insurance, Liability Insurance and Fidelity Insurance" Section 12.7 "Personal Liability Insurance of Officers and Directors" Section 12.8 "Worker's Compensation Insurance" Section 12.9 “Other Insurance" Section 12.10 "Insurance Obtained by Owners" ARTICLE XIII ASSOCIATION AS ATTORNEY-IN-FACT ARTICLE XIV DAMAGE OR DESTRUCTION Section 14.1 "Damage or Destruction of Common Area" Section 14.2 "Damage or Destruction Affecting Lots" ARTICLE XV CONDEMNATION Section 15.1 "Rights of Owners" Section 15.2 "Partial Condemnation" Section 15.3 "Complete Condemnation" ARTICLE XVI EXPANSION AND WITHDRAWAL Section 16.1 "Reservation of Right to Expand" Section 16.2 "Association's Right to Expand" Section 16.3 "Declaration of Annexation" Section 16.4 "Withdrawal of Property" ARTICLE XVII MORTGAGEE PROTECTION Section 17.1 "First Mortgagees' Rights" 752 333 Page 47 47 48 49 49 49 49 49 49 50 51 2885 50 50 50 51 51 51 51 53 53 53 53 33424 53 53 54 54 54 Section 17.2 "Title Taken by First Mortgagee" SSS 54 54 55 ARTICLE XVIII ENFORCEMENT OF COVENANTS Section 18.1 "Violations Deemed a Nuisance" 55 Section 18.2 "Compliance" 55 Section 18.3 "Failure to Comply" 55 Section 18.4 "Attorney's Fees" Section 18.5 "Who May Enforce" Section 18.6 “Nonexclusive Remedies" 56 SSSSSSS 55 56 56 Section 18.7 "No Waiver" Section 18.8 "No Liability"
18.3 "Failure to Comply" 55 Section 18.4 "Attorney's Fees" Section 18.5 "Who May Enforce" Section 18.6 “Nonexclusive Remedies" 56 SSSSSSS 55 56 56 Section 18.7 "No Waiver" Section 18.8 "No Liability" Section 18.9 "Recovery of Costs" Page 555 56 57 57 ARTICLE XIX RESOLUTION OF DISPUTES 52 57 ARTICLE XX DURATION OF THESE COVENANTS AND AMENDMENT Section 20.1 "Term" Section 20.2 "Amendment" Section 20.3 "Declarant's Approval" 58 Section 20.4 "Town Approval" 58 Section 20.5 “Effect of Amendments" ARTICLE XXI MISCELLANEOUS PROVISIONS Section 21.1 "Severability" Section 21.2 "Construction" Section 21.3 "Headings" Section 21.4 “Waiver" Section 21.5 "Limitation of Liability" SSSSSS 57 57 57 58 Section 21.6 "Conflicts Between Documents" Section 21.7 "Assignment" Section 21.8 "Deed References" Section 21.9 "Failure of Association to Perform Duties" Section 21.10 "Interpretation" Section 21.11 "Notices" 222650SSSSS U 58 58 58 59 59 59 59 59 59 SIGNATURE EXHIBITS Exhibit A – Property Subject to Declaration Exhibit B - Bylaws of Chateau du Lac Homeowners Association, Inc.
61 Exhibit C Articles of Incorporation of Chateau du Lac Homeowners Association, Inc.
Exhibit D - Initial Design Guidelines Exhibit E- Rules and Regulations of Chateau du Lac Homeowners Association, Inc.
S.
SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CHATEAU DU LAC STATE OF TEXAS COUNTY OF DENTON cos cos cos § KNOW ALL MEN BY THESE PRESENTS: § This SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHATEAU DU LAC (this "Declaration") is made this _ day of July 2006, by VAN HUNTER DEVELOPMENT, LTD., a Texas limited partnership (sometimes called the "Declarant" in this Declaration).
Section 1.1.
ARTICLE I STATEMENT AND PURPOSE
ion") is made this _ day of July 2006, by VAN HUNTER DEVELOPMENT, LTD., a Texas limited partnership (sometimes called the "Declarant" in this Declaration).
Section 1.1.
ARTICLE I STATEMENT AND PURPOSE Property. This Declaration governs the property in Denton County, Texas, described on the attached Exhibit A (the "Property").
Section 1.2. Purpose. This Declaration is to replace and supersede the First Amended and Restated Declaration of Restrictions, Covenants and Conditions of Chateau du Lac dated April 6, 2004, and recorded as Instrument No. 2004-44953 of the Deed Records of Denton County, Texas (the "First Amended Declaration"), and any and all amendments thereto, which governs the planned community known as Chateau du Lac (the "Project" or "Chateau du Lac").
Section 1.3. Amendment Requirements. Pursuant to Section 6(a) of the First Amended Declaration, until the Declarant has conveyed by deed all of the Lots in the Property, Declarant, its respective legal representatives, heirs, successors and assigns shall have the right and authority to modify or amend in writing any of the reservations, restrictions and/or covenants set forth in the First Amended Declaration at any time upon the filing of such amendment in the Real Property Records of Denton County, Texas, without prior notice to or consent of any Owner or Person. In addition, pursuant to Section 6(c) of the First Amended Declaration, no amendment or modification of the First Amended Declaration is effective without the signed written consent of the chief executive employee of the Town of Flower Mound.
Section 1.4.
Compliance with Amendment Requirements. This Declaration has been approved by the Declarant as evidenced by its signature hereinbelow and by the chief executive employee of the Town of Flower Mound.
.
Compliance with Amendment Requirements. This Declaration has been approved by the Declarant as evidenced by its signature hereinbelow and by the chief executive employee of the Town of Flower Mound.
Section 1.5. Imposition of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that the First Amended Declaration is hereby replaced and superseded DECLARATION- Page 1 by this Declaration and from and after the date of recording this Declaration forward, the Property and any property annexed thereto will be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements (collectively, these "Covenants").
These Covenants will run with the land and will be binding upon all Persons having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These Covenants will inure to the benefit of each owner of the Property.
ARTICLE II DEFINITIONS The following terms, as used in this Declaration, are defined as follows: Section 2.1.
Section 9.3.
Section 2.2.
"Annual Assessment" means the Assessment levied annually pursuant to "Approved Builder" means a Builder who has been approved by the Committee to construct new Living Units in the Property as provided in Section 6.6.
Section 2.3. "Architectural Control Committee" or "Committee" means the committee formed pursuant to Article VI to maintain the quality and architectural harmony of Improvements in Chateau du Lac.
Section 2.4.
"Articles" or "Articles of Incorporation" means the articles of incorporation of the Chateau du Lac Homeowners Association, Inc., attached hereto as Exhibit
mprovements in Chateau du Lac.
Section 2.4.
"Articles" or "Articles of Incorporation" means the articles of incorporation of the Chateau du Lac Homeowners Association, Inc., attached hereto as Exhibit C, which have been filed with the Secretary of State of Texas, as such articles may be amended from time to time.
Section 2.5.
"Assessments" means the Annual, Special and Default Assessments levied pursuant to Article IX to meet the estimated cash requirements of the Association.
Section 2.6. "Association" means the Chateau du Lac Homeowners Association, Inc., a Texas non-profit corporation, and any successor of that entity by whatever name.
Section 2.7. "Board of Directors" or "Board" means the Board of Directors of the Association.
Section 2.8.
"Builder" means any Person which purchases one or more Lots within the Property for the purpose of constructing improvements thereon for later sale to consumers, or who purchases one or more parcels of land within the Property for further development or resale in the ordinary course of such Person's business.
Section 2.9. "Building" means a building or other structure constructed in a Lot.
Section 2.10. "Building Site" means the building envelope or area within a Lot delineating the boundaries within which a Building or other Improvement may be located, always subject to the prior written approval of the Architectural Control Committee.
DECLARATION- Page 2