--JlECLARA'l'ION OF EASEMENTS, COVENANTS, AHI> JU:SftIC'?lOHS Of' COTTONWOOD GLEN ESTATES Uffl'T NO. l Preamble This Declaration of Covenants, Conditions, and Reetrictiona is made on May 14, 1999, by JACK B, LANKFORD, JR., and wife, ANNE R.
LANKFORD and FRANK PETERS and wife, MARY KAY PETERS, ( jointly "Declara~t11), whose lllailing address is 5803 Stone, Amarillo, Texas, 79109.
Recitals 1. Declarant is the owner of all that certain real property ( "the Property") located in Randall County, Texas, desi:iribed aa follows: Cotton~ood Glen Estates Unit No. 1, a suburban subdiviaion out of Section 2, Block B-5, H&GN RR Co.
Survey, Randall County, Texas, as shown by the ma·:, or plat thereof recorded in Volume 1656, Page 300, ot"-the Deed Records of Randall County, Texas.
2. The Declarant has devised a general plan for the entire Property as a whole, with specific provisions for particular parts and parcels of the Property. This general plan provides a common Gcbeme of development designed to protect and safesuard the Property over a long period.
3. This general plan will benefit the Property in general, the parcels and lots that constitute the Property, the Declarant, and each successive owner of an interest in the Property.
4. Therefore, in accordance -with both the doctrines of restrictive covenant and implied equitable servitude, the Declarant deairee to restrict the Property according to these covenants, conditions, and restrictions in furtherance of this general development plan.
NOW, THEREFORE, it is declared that all of the Property ahall be held, aold, and conveyed subject to the following easements, restrictions, covenants, and conditions.
Developer 1.01.
assigns.
(CTJ1TNll'OD.JW;) ARTICLE 1 Definitions "Developer" means Declarant and his successors and P;/{JH I
ubject to the following easements, restrictions, covenants, and conditions.
Developer 1.01.
assigns.
(CTJ1TNll'OD.JW;) ARTICLE 1 Definitions "Developer" means Declarant and his successors and P;/{JH I VOL 1940PAGE 305 1. 02. 11Lot" means any of the plot a of land sha·m on the plat and subdivision map recorded in Volume 1656, at Page 300, of the Deed Records of Randall County, Texas (the "Map"'), on which there is or will he built a single family dwelling.
Owne:r 1. 03. "owner" means the record owner or ownera cf the fee simple title to any Lot or portion of a Lot in the Pr,perty on which there is or will be built a detached single family dwelling.
"Owner" includes contract sellers but excludea persons having only a security interest.
Common Area 1. O 4 . "Common Area II means the entire Property except the Lots, subject to all eaaements and rights described in thia Declaration.
Association 1. 05. "Association" means an incorporated association consisting of all Owners, which shall have the duty of maintaining, operating, and managing the Common Area as provided in this Declaration. Each Owner shall become a member of the Association contemporaneouely with acquiring a Lot, without anj further documentation of any kind.
Board 1.06. "Board" means the Board of Directors of the Aaaociation.
AR'l'ICLE 2 Architectural Control Architectural Control Committee 2.01. Developer shall designate and appoint an Architectural Control.Committee consisting of not less than three qualified persons, which ahall ser11e at the pleaaur,~ of the Developer. After the Developer no longer owns any Lot the Architectural Control Committee shall serve at the pleaai:.re ~f the Board.
Approval of Plans &nd Specifications 2 • 02. The Architectural Control Committee muat review and
no longer owns any Lot the Architectural Control Committee shall serve at the pleaai:.re ~f the Board.
Approval of Plans &nd Specifications 2 • 02. The Architectural Control Committee muat review and approve in writing all of the following projects on the Property: {COTTNll'OD.lli$) P.A0/11 VOL. 19 4 0 PAGE -· (a) Construction of any building, fence, wall, or other structure.
(b) Any exterior addition, change, or alteration in any building, fence, wall, or other structure.
(c) Any landaoaping or grading of any Lot or Lots.
Application for Approval 2.03. To obtain approval to do any of the work described in Paragraph 2. 02, an Owner must submit an application to the Architectural Control Committee showing the plans and apecifioations for the proposed work. Such plans and apecifications shall detail the nature, shape, height, materials, colora, and location of the proposed work.
Stangard for Review 2. 04. The Architec:tural Control Committee eha'.Ll review applications for propoaed work in order to (1) ensure conformity of the proposal with theae covenant a, conditions, and restrictions and (2) ensure harmony of external deaign in relation to surrounding atructurea and topography. An application can be rejucted for providing insufficient information. '1'he Committee shall have broad, discretionary authority to interpret and apply these standards. In rejecting an application, the Committee should detail the reaaons for rejection and suggest how the applicant could remedy the deficiencies.
Failure of Committee to Act 2.05. If the Architectural Control ColllJllittee fails either days after submission, then Committee approval ehal:. not be required, and the applicant ehall he deemed to have fully complied
either days after submission, then Committee approval ehal:. not be required, and the applicant ehall he deemed to have fully complied with this Article.
ARTIC!t.E 3 Exterior Maintenance 3.01, If an Owner of any Lot fails to maintain the premises in a neat and orderly manner, the Developer or the Architectural Control Committee shall have the right, through its agents and employees, to enter the Lot in order tc, repair, maint&in, and restore the Lot, including landscaping, and the exterior of any buildings and other improvements looat,:?d on the Lot, all at the expense of the Owner.
~ODJllS) VOL. 19 4 0 PAGE ARTictf; 4 Upe Restrictions and Architectural S~andards Residential Use Only 4, o 1, All Lots shall be used for aingle-family residential purposes only. Single family use consists of use a~ a dwellfng by two or more natural persona who are related by :marr-1-age or k.1.nahip or by not more than four natural persons who are not r1~lated by marriage or kinship. However, Developer, as well as nny other person engaged in the construction and aale of residenc,:!a on the Property, shall have the right, during the construction and ~ales period, to use facilities as may he reaeonably neceasary or convenient for ita buainese purpose of constructing and aelling residences on the Property.
Type of Buildings Permitted 4.02. No building shall be erected, altered, or ?ermitted on any Lot other than one detached single-family dwelling not to exceed two stories in height. However, Developer, as well as any other person engaged in the construction and sale of residences on sales period, to construct and maintain such facilities aa may be
other person engaged in the construction and sale of residences on sales period, to construct and maintain such facilities aa may be reasonably necessary or convenient for its bueineas of constructing and selling dwelling units on the Property, including, but not limited to, offices and storage areas.
Deaign, Minimum Floor Area, and Exterior Walls 4, 03. Any reaidence constructed on a Lot JPUet have a total living area of not less than 2200 square feet, exclusive c,f open or Setbacks --4-.--01", Every building constructed or erected on any Lot shall be located so that the front point of such building· ahall be at leaat thirty feet from the front property line. ln eituationa wher~ the Lot has unequal side Lot lines, the thirty foot setback requireme~t shall be meaaured on the shortest side of such Lot, All building ahall have a setback from the aide property line of a distan7e of not ler:;s than thirty feet. On corner Lots, there shall be a side street setback of not less than thirty feet and no wall or fence shall be erected or maintained cloaer to an; street than the minimum setback line.
Resubdivieion or Consolidation 4, 05 • No Lot shall be subdivided or split 13Xcept by approval of the architectural committee, ~ VOL. 19 4 (] PAGE Easements 4.06. Easements for the inatallation and maintenance of utilities and drainage facilities shall be established. No utility company, water district, political subdivision, or other authorized entity using these easements shall be liable for any dama9e done by them or their assigns, agents, employees, or servants, to shrubbery, trees, flowers, or to other property of the Owner aituated in the easement.
these easements shall be liable for any dama9e done by them or their assigns, agents, employees, or servants, to shrubbery, trees, flowers, or to other property of the Owner aituated in the easement.
Noxious or Offensive Activities Prohibiteg 4.07. No noxious or offensive activity shall be conducted on any Lot that may be or may become an annoyance or nuisance to the neighborhood.
Prohihited ReBidential Usee 4. 08. No structure not approved for residential use by the Architectural Control Committee, including but not 1:.mited to trailers, mobile homes, motor homea, basements, tents, shacks, garages, and other outbuildings and accessory structures, shall be uaed on any Lot at any time as a residence, either temporarily or permanently.
Signs 4. 09. No signs of any type shall be allowed 0:1 any Lot except one sign of not more than five square feet advertising the property for sale or rent, However, Developer, as well ae any other person engaged in the construction and sale of residences on the Property shall have the right, during the construction and sales period, to construct and maintain aignB adverti:ling the construction and sale.
Rubbish, Traah and Garbage 4. 10. No Lot shall be used or maintained as a dumping ground for rubbish or traah, All garbage and other waste ahall be kept in aani tary containers, There a hall be no btlrning or incineration of trash, garbage, leaves, brush, or other debris.
sewage Disposal 4,11. No individual sewage-disposal system shall be permitted on any lot unless the system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of the,Bi-County Environmental Health Department.
Approval of the system as installed shall be obtained from that authority.
ICD1TNIYOD~ PAGH J
ce with the requirements, standards, and recommendations of the,Bi-County Environmental Health Department.
Approval of the system as installed shall be obtained from that authority.
ICD1TNIYOD~ PAGH J VOL.19 4 0 PAGE 3 0 9 ...._., Water supply 4 .12. No individual water-supply system shall he :?ennitted on any lot unless the system is located, constructed, and equipped in accordance with the requirements, standards, and recomm,:mdations of Bi-County Environmental Health Department. Approyal of the ayatem aa installed shall be obtained from that authority.
Sight Distance at lnteFsectione 4 .13. No fence, wall, hedge, or ahrub planting that obstructs sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on a:1r corner lot in the triangular area formed by the street property l~nes and a line connecting them at points 25 feat from the intera,action of the street lines, or in the case of a rounded property corner, from the intersection of the street property linee as extended. The aame sight-line limitations shall apply on any Lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted ·:o remain within such distances of intereectione unless the foliag~ line ia maintained to meet the sight line requirements set forth above.
Animals 4.14. No an.imals, livestock, or poultry of any kind ehall be raised, bred, or kept on any Lot, except that a r,~aeonable number of dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purpoae .
Fencee, Walls, Hedges, and Utility Meters 4.15. No fence, wall, hedge, or utility meter shall be
ousehold pets may be kept, provided they are not kept, bred, or maintained for any commercial purpoae .
Fencee, Walls, Hedges, and Utility Meters 4.15. No fence, wall, hedge, or utility meter shall be placed, or permitted to remain, on any Lot nearer to the street or streets adjoining such Lot than is permitted for the main residence on such Lot, except for decorative subdivision entry fen~ea.
Trucks, nqsee, and Trailers 4 .16. No truck or bus ( except a paeeenger van for perffonal use) or trailer shall be left parked in the street in front of any Lot, except for construction and repair equipment while a residence or reaidences are being built or repaired in the immediate vicinity. No truck or bua (except a paasenger van for personal uae) or boat or trailer ehall be parked on the driveway or any portion of the Lot in such manner as to be visible from the street.
Prohibited Activities 4 .17. No professional, business, or conunercial ac·tivity to which the general public is invited shall be conducted on any Lot.
'--" poles, Maete. and Antennas 4 .18. No poles, mastl'i, antenna a, or eatellite diahea larger than two feet in diameter shall be installed on any Lot unleee within the envelope of a building approveci by the Architectural Control Committee.
Water Softeners and Air Conditioning Equipment 4.19. No water softener shall be installed or used that diachargea effluent brine into the sewage system. Location, type, and screening of water softeners and air conditioning units shall be first approved by the Architectural Control Committee before inetallation or uae, Easements 5.01. All easements and all alleys for the installation
units shall be first approved by the Architectural Control Committee before inetallation or uae, Easements 5.01. All easements and all alleys for the installation and maintenance of utilities and drainage facilities are reserved aa ahown on the Map. No shrubbery, fence, o~ other obstruction shall be placed in any easement or alleyway. Right of use for ingress and egreaa shall be available at all times over any dedicated easement or alleyway for purposes of installing, operating, maintaining, repairing, or removing any utility or any obatruction placed in such easement or alleyway that would interfere with the installation, maintenance, operation, etr removal of auch utility.
Underground Electrical System 5. 02. An underground electricity diatribution ayutem ahall be inatalled to serve all Lots in the subdivision. The Owner of each Lot, at the Owner's cost, shall furnish, install, anci maintain ( all in accordance with the requirements of local governmental auth~ritiea and the National Electrical Code) an underground service cable and appurtenances from the meter installed -on the Lot by the electric company to auch point aa may be designated by the companr on the property line of the Lot. The company furniahing electn.c service ahall make the necessary connection at the property line and at the meter, Each owner, at the Owner's coat, e~all install, furnish, and maintain a meter loop (in accordance with then-current standards and specifications of the electric company) for the residence constructed on the Lot, rr:omnraD..Rks) VOL. 19 4 0 PAGE 311 '--'" Creation AJl1lCLE: SlX Association 6.01. The Owners shall constitute the AaaociatJan. Each owner of a Lot, including Developer, shall automatically be a
Lot, rr:omnraD..Rks) VOL. 19 4 0 PAGE 311 '--'" Creation AJl1lCLE: SlX Association 6.01. The Owners shall constitute the AaaociatJan. Each owner of a Lot, including Developer, shall automatically be a member of the Association. Association membership ghall be appurtenant to ownership of a Lot. Ownership of a Lot ie the sole criterion for membership in the Association, Transfer of Membership 6. 02. Association membership can be transferred to the grantee of a conveyance of a Lot in fee. Membership shall not be assigned, pledged, or transferred in any other way. Any attempt to make a prohibited transfer shall be void.
Management of Association 6. 03. The Association a hall be incorporated ae a nonprofit corporation. The Aaeociation shall be managed by the Board purauant to the procedures set forth in the Association's articles of incorporation and bylaws, subject to this Declaration.
6.04. Each Owner shall have 6ne vote. 'l'here shall be at least one meeting of the membership each year. At that meeting, the owners shall elect a Board coneieting of five directors, vote on any other matters the Board chooeee to place before the me:llherehip, and discuss any matter of Association business that the Board or any Owner wishes to bring before the entire membership.
Duties and Powers of Board 6.05. Through tha Board, the Association shall.have the following powers and duties: (a) To adopt rules and regulations to implenent this Declaration and the Association's bylaws.
(b) To enforce this Declaration, the bylaws, its rules and regulations.
(c) To elect officers of the Board and select members of the Architectural Control Committee when that power devol~ea to the Board.
(d) To delegate its powers to committees, officera, or employeea.
s.
(c) To elect officers of the Board and select members of the Architectural Control Committee when that power devol~ea to the Board.
(d) To delegate its powers to committees, officera, or employeea.
(CCJTTIJWCJl)-R!S) l'-AQrtB VOL. 19 4 0PA6E 312 '--" ( e) To prepare a balance sheet and operati:ng income statement for the Aeeociation and deliver a repoJ:t to the memberahip at its annual meeting.
( f) To establish and collect regular aeees,nnents to defray expenses attributable to the Aesociation'a dutiea, to be levied against each owner, including Developer.
( g) To establish and collect special assess:nente for capital improvements or other purpoees.
( h) 'ro file liens against unit owners be,cauee of nonpayment of asaessments duly levied and to for,9close on thoee liens.
(i) To receive complaints regarding violatione of this Declaration, the bylaws, or the rules and regulations.
(j) To hold hearings to determine whether to diacipline Owners who violate this Declaration, the bylaws, or the rules and regulations.
(k) To give reasonable notice to all Owners of all annual meetings of the membership and all discipline hearings.
( 1) To hold regular meetings of the Board at least quarterly.
{m) To manage and maintain all of the Common Area in a state of high quality and in good repair.
(n) To pay taxes and aseeaementa tha.t are or could become a lien on the Common Area.
( o) To pay the costs of any liability insurancEi and fire insurance on the Common Area and any liability insurance for members of the Board.
ARTICLE SEVEN Geqeral Provisions Enforcement 7.01. The Developer or the Aeeociation or any Owner shall all reat!'l.ct1.on_s, cond1. t1.ons, and reservations imposed by this
cement 7.01. The Developer or the Aeeociation or any Owner shall all reat!'l.ct1.on_s, cond1. t1.ons, and reservations imposed by this Declaratl.on. Fa~lure to enforce any covenant or restriction shall not be deemed a waiver of the .right of enforcement ei-:;her with waivers must be in writing and signed by the party to be bound.
f'Corn,'WQD~ r,10811 VOL. 19 4 0 PAGE 7. 02. Invalidation of any one of ~hese cove,nants or restrictions by judgment or court ord~r , shall in no way, aff,ect any other provision, and all other provisions shall rema.1.r. in full force and effect.
Covenants Running With the Land 7. 03.. These easements, restrictions, covenants, and conditiona are for the purpose of protecting the value and desirability of the Property. Consequently, they shall run with the real property and shall be binding on all parties having any righ~, title, or interest in the Property in whole or in part, and their heirs, successors, and assigns. These easements, covenants, condition a, and restrictions shall be for the benefit of the Property, each Lot, and each Lot Owner.
Duration and Amendment 7.04. The covenants, conditions, and restrictions of this Declaration shall be effective for a term of 20 years from the date this Declaration ia recorded, after which period the c~venants, conditions, and restrictions shall be automatically ext,mded for suoceeeive periods of 10 yeara subject to termination by an instrument aigned by more than 5 0 percent of the owners, The covenants, conditions, and restrictions of this Declaration may be amended by an instrument signed by more than 75 percer1t of the
n by an instrument aigned by more than 5 0 percent of the owners, The covenants, conditions, and restrictions of this Declaration may be amended by an instrument signed by more than 75 percer1t of the owners. Neither any amendment nor any termination shall be effective until recorded in the deed records of Randall County, Texas, and all requisite governmental approvals, if any, have been obtained.
Attorneys• Feee 7.05, If any controversy, claim, or dispute arises preva.1.ll.ng party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs.
Liberal Interpretation effectuate its purpose of creating a uniform plan for the Property.
/r:OTTMl'ODRBS) VOL. 19 4 0 PA6E 31 .f 4-t11 fl:/l. i /li0 , Texas • I ANNE R, MARY KA STATE OF TEXAS COUNTY OF Pt> HerlANNE R. LANKFORD.
NS NOTARY PllBLIC, STATE OF TEXAS J.tfCc,mmkn El;4'M 9-29-2001 STATE OF TEXAS This instrument was acknowledged before me on the ; 71b day of l1J..'1f'. 1999, by FRANK PETERS and wife, MARY KAY PETERS. ' NOTARY PUSLIO, STAle OFTEXAB VOL 19 4 () PAGE 315 /',lO!l l/ --::: ' ,, ...
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