Dittirer eee tne, WL7596 ABEOOD 204-RDO45348 DECLARATION OF H COVENANTS, CONDITIONS AND RESTRICTIONS FOXWOOD ADDITION THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF SMITH § This Declaration of Covenants, Conditions and Restrictions for Foxwood Addition (the “Declaration”) is made on the date hereinafter set forth by SD1 2004 ~ Tyler Developments, Inc., a Texas corporation (“Declarant”).
RECITALS A. Declarant is the sole owner of certain real property located in Smith County, Texas, as more particularly described as Foxwood Addition, Unit 1, a subdivision of record in Smith County, Texas, according to the map or plat of record in under Cabinet D, Slide 223-D, of the Plat Records of Smith County, Texas (referred to herein as the “Property”).
conditions, restrictions, liens, and charges hereinafter set forth.
development, and sale of the Property for the benefit of the present and future owners of the Property.
NOW, THEREFORE, it is hereby declared: (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any
reof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions, and restrictions regardless of whether or not the same are set out or referred to in said contract or deed.
Article I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: 1.01 Architectural Committee, “Architectural Committee” means the committee created pursuant to these restrictions to review and approve plans for the construction of Improvements upon the Property.
FOXWOOD ADDITION Page I 3612087v3 WL7596 PEIOS 1.02 Architectural Committee Rules, “Architectural Committee Rules” means the rules and regulations adopted by the Architectural Committee, as may be amended from time to time.
1.03 Articles. “Articles” means the Articles of Incorporation of Foxwood Addition Homeowners Association, Inc., which will be filed in the office of the Secretary of State of the State of Texas, as may be amended from time to time.
1.04 Assessment. “Assessment” or “Assessments” means assessment(s) levied by the Association under the terms and provisions of this Declaration.
1.05 Association. “Association” means and refers to Foxwood Addition Homeowners Association, Inc., a Texas non-profit corporation created or to be created pursuant to the Articles.
1.06 Association Rules. “Association Rules” means the rules and regulations adopted by the Board as the same may be amended from time to time.
ration created or to be created pursuant to the Articles.
1.06 Association Rules. “Association Rules” means the rules and regulations adopted by the Board as the same may be amended from time to time.
1.07 Board. “Board” means the Board of Directors of the Association.
1.08 Bylaws. “Bylaws” means the Bylaws of the Association, which may be adopted by the Board, as the same are from time to time amended.
1.09 Common Area and Facilities. “Common Area and Facilities” means Lots and other properties, if any, designated by Declarant on the Plat or other document recorded in the Official Public Records of Smith County, Texas for the common benefit of the Owners. Common Area and Facilities may be designated by Declarant and dedicated or otherwise conveyed to the Association from time to time and at any time. If Declarant annexes additional real property to be included as part of the Property in accordance with Section 2.02 hereof, additional Common Area and Facilities may be designated.
1.10 Declarant. “Declarant”? means SDI 2004 - Tyler Developments, Inc., a Texas corporation, its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder.
1.11 Declaration. “Declaration” means this instrument as it may be amended from time to time.
1.12 Improvement. “Jmprovement’ means every structure and all appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, storage sheds, patios, tennis
o time.
1.12 Improvement. “Jmprovement’ means every structure and all appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
Page 2 Foxwoop ADDITION 3612087¥3 $ | VOL7596 PESO 1.13 Lot. “Lor” or “Lots” means any parcel or parcels of land within the Property shown asa subdivided lot on the Plat of the Subdivision, together with all Improvements located thereon.
1.14 Member, “Member” or “Members” means any person(s), entity or entities holding membership rights in the Association.
1.15 Mortgage. “Mortgage” or “Mortgages” means any mortgage(s) or deed(s) of trust covering any portion of the Property given to secure the payment of a debt.
1.16 Mortgagee. “Mortgagee” or “Morfgagees” means the holder or holders of any Mortgage or Mortgages.
1.17 Owner. “Owner” or “Owners” means the person(s), entity or entities, including Declarant, holding a fee simple interest in any portion of the Property, but shall not include the Mortgagee of a Mortgage.
1.18 Person. “Person” or “Persons” means any individual(s), entity or entities having the legal right to hold title to real property.
1.19 Plans and Specifications. “Plans and Specifications” means any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited
property.
1.19 Plans and Specifications. “Plans and Specifications” means any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to, those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement.
1.20 Plat. “Plat” collectively means the subdivision plats of the Property recorded in the Plat Records of Smith County, Texas, including without limitation, the subdivision plat of Foxwood Addition, Unit 1, a subdivision in Smith County, Texas, according to the map or plat of record under Cabinet D, Slide 223-D, of the Plat Records of Smith County, Texas, and as may be amended from time to time.
1.21 Restrictions. The “Restrictions” means this Declaration, as may be amended from time to time, together with the Architectural Committee Rules, the Association Rules, and the Articles and Bylaws.
1.22 Subdivision. “Subdivision” means Foxwood Addition, Unit 1, a subdivision in Smith County, Texas, according to the Plat.
Page 3 FOXWOOD ADDITION 3612087v3 - WL7596 AGES OS Articie I] ANNEXATION OF ADDITIONAL PROPERTY Additional property may become annexed and made a part of the Property and made subject to this i Declaration in any of the following manners: (a) Declarant may add or annex additional real property to the scheme of this Declaration by filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions
e following manners: (a) Declarant may add or annex additional real property to the scheme of this Declaration by filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions which shall extend the scheme of this Declaration to such property; provided, however, that such Supplementary Declaration may contain such complementary additions and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with this Declaration.
(b) _‘In the event any person or entity other than Declarant desires to add or annex additional residential and/or common areas to the scheme of this Declaration, such annexation must have the prior written consent and approval of the majority of the outstanding votes within each voting class of the Association. Any additions made pursuant to paragraphs (a) and (b) of this Section, when added, shal! automatically extend the jurisdiction, functions, duties and membership of the Association to the properties added.
Article IT] GENERAL RESTRICTIONS 3.01 Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey any casements or other interests less i: than the whole, all without the approval of the Architectural Committee.
4 3.02 Residential Use, The Property shall be used for single-family residential purposes only. ;
ts or other interests less i: than the whole, all without the approval of the Architectural Committee.
4 3.02 Residential Use, The Property shall be used for single-family residential purposes only. ; i No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) | ; detached single family residence per Lot (sometimes referenced to herein as a “dwelling”).
3.03 Single Family Use. Each dwelling shall be limited to occupancy by only one family consisting of persons related by blood, adoption or marriage or no more than two unrelated persons residing together as a single housekeeping unit, in addition to any household or personal servant staff.
3.04 Dwelling Size. All single-story dwellings shall contain not less than 1,800 square feet of enclosed air-conditioned living space, exclusive of porches (open or covered), decks, garages and carports. All two-story dwellings shall contain not less than 2,000 square feet of enclosed airconditioned living space, exclusive of porches (open or covered), decks, garages and carports.
3.05 Dwelling Height. No dwelling greater than two (2) stories in height may be constructed on any lot without the prior written approval of the Architectural Committec.
Page 4 Foxwoon ADDITION 3612087v3 eens tetnertenrt t i | H WL7596 PES OG 3.06 Garage Required. Each dwelling shall have an enclosed garage suitable for parking a minimum of two (2) standard size automobiles, which garage shall be attached to and conform in design and materials with the main structure.
3.07 Building Materials. Each dwelling constructed on a Lot shall not be less than Seventy-~ Five Percent (75%) (but not less than the minimum percentage as established by ordinance or building
cture.
3.07 Building Materials. Each dwelling constructed on a Lot shall not be less than Seventy-~ Five Percent (75%) (but not less than the minimum percentage as established by ordinance or building code requirement) brick or other masonry product (but not vinyl siding or substantially similar products). For purposes of this provision, stucco (including synthetic stucco) or similar material approved by the Architectural Committee shall be considered a masonry material. All building materials shall be approved by the Architectural Committee, and only new building materials (except for used brick) shall be used for constructing any Improvements. Exposed metal roof decks which reflect light in a glaring manner such as galvanized steel sheets are specifically prohibited. Other roofing materials may be used with the prior written consent of the Architectural Committee, which may specify a minimum quality or grade of materials. All projections from a dwelling or other structure, including but not limited to chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways shall match the color of the surface from which they project, or shall be ofa color approved by the Architectural Committee. No highly reflective finishes (other than glass, which may not be mirrored) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the exterior surfaces of any Improvements.
3.08 Windows; Doors, Windows, jambs and mullions shall be composed of anodized or painted aluminum or wood. All front elevation windows shall have baked-on painted or anodized aluminum windows (no mill finish aluminum). All front elevation windows shall be divided light
anodized or painted aluminum or wood. All front elevation windows shall have baked-on painted or anodized aluminum windows (no mill finish aluminum). All front elevation windows shall be divided light windows. The front door and garage door for each dwelling shall be raised-panel doors. No bars or obstructions intended for use as burglar bars or sold as devices intended to prohibit forced entry intoa dwelling may be placed on the exterior ofa dwelling, including, but not limited to, windows and doors.
3.09 Exterior Lighting. The front exterior lighting for each dwelling shall consist of coach lantern style or other styles approved by the Architectural Committee.
3.10 Mailboxes. Each Owner shall erect an individual mailbox utilizing the same material used on the dwelling and approved by the Architectural Committee.
3.11 Garbage Containers, The Architectural Committee shall have the right to specify a specific location on each Lot in which garbage containers must be placed for trash collection service.
3.12 Sidewalks. Each Owner shall construct a four-foot sidewalk along each Lot boundary adjacent to a public right of way.
3.13 Landscaping. Landscaping (as described herein) shall be completed within thirty (30) days after the construction is completed (subject to extension for delays caused by inclement weather and/or restrictions or delays caused by governmental regulations prohibiting new planting or watering due to restricted water use). Such landscaping shall include the following for each Lot: Page $ FOXWOOD ADDITION 3612087v3 H !
4 (a) _ at least two (2) trees of a minimum of two inches (2”) in diameter each and ten (10) shrubs of a minimum of five (5) gallons each, all located in the front yard; (b) sodded front and side yards to the fence; and
o (2) trees of a minimum of two inches (2”) in diameter each and ten (10) shrubs of a minimum of five (5) gallons each, all located in the front yard; (b) sodded front and side yards to the fence; and (c) underground sprinkler systems in the front and side yards to the fence and curb.
3.14 Driveways. All driveways shall be surfaced with concrete or similar substance approved by the Architectural Committee.
3.15 Gas Appliances. Each dwelling shall be either equipped with both gas water heating and gas central comfort heating appliances or the Owner of such dwelling shall pay to Declarant a nonutilization of gas utilities charge of $400.00 no later than thirty (30) days following the installation of the water heating and central comfort heating appliances in the dwelling.
3.16 Antennae. No exterior radio or television antenna, satellite dish larger than eighteen inches in diameter or similar device shall be permitted to be erected or placed on any Lot unless the same is screened from view from adjoining Lots, streets and other portions of the Subdivision or otherwise approved by the Architectural Committee.
3.17 Signs. No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Architectural Committee, except for (a) signs which are part of Declarant’s overall marketing or construction plans or activities for the Property and (b) one (1) sign of not more than five (5) square feet, advertising any property within the Subdivision for sale or rent. All merchandising, advertising and sales programming shall be subject to the approval of the Architectural Committee.
3.18 Tanks. The Architectural Committee shall have the right to approve the location of any
andising, advertising and sales programming shall be subject to the approval of the Architectural Committee.
3.18 Tanks. The Architectural Committee shall have the right to approve the location of any tank used or proposed in connection with a single-family residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool filter tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot. All tanks shall be screened so as not to be visible from any other portion of the Property.
3.19 Temporary Structures. No tent, shack, or other temporary building, improvement, or structure shall be placed upon the Property without the prior written approval of the Architectural Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for salesmen, architects, builders, and foremen during actual construction and marketing may be maintained with the prior approval of Declarant, approval to include the nature, size, duration, and location of such structure. Notwithstanding any provision in this Declaration to the contrary, an Owner shall be permitted, without Architectural Committee approval, to erect (a) one (1) children’s playhouse, playscape, doghouse, greenhouse and gazebo on the Owner’s lot if such items are not visible from any public street and (b) one (1) outbuilding on the Owner's Lot if (i) the surface area of the pad on which the outbuilding is placed is less than or equal to eighty (80) square feet, (ii) the height of the outbuilding, measured from the surface of the Lot to the highest portion of the outbuilding Page 6 Foxwoob ADDITION 3612087v3 | 7 ‘ H } i } WL 7596 FAESO8
ghty (80) square feet, (ii) the height of the outbuilding, measured from the surface of the Lot to the highest portion of the outbuilding Page 6 Foxwoob ADDITION 3612087v3 | 7 ‘ H } i } WL 7596 FAESO8 is less than or equal to eight (8) feet, (iii) the outbuilding is constructed within an area completely enclosed by a privacy fence of not less than six (6) feet in height, (iv) the exterior of the outbuilding is constructed of the same or substantially similar materials as the exterior of any dwelling located on the ‘Lot, and (v) the outbuilding is constructed within building setback lines in accordance with applicable building codes of the governmental entity having jurisdiction over the Property. The Architectural Committee shall be entitled to determine, in its sole and absolute discretion, whether an outbuilding constructed on any Lot complies with the foregoing requirements relating to size, height, fence enclosure and construction materials.
3.20 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Architectural Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or from public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters, allterrain vehicles and garden maintenance equipment shall be kept at all times except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have
oregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have sufficient garage space, as approved by the Architectural Committee, to house all vehicles to be kept on the Lot. Lot Owners shall not keep more than two (2) automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventy-two (72) hours. No automobiles or other above-mentioned articles or vehicles may be parked overnight on any roadway within the Property. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view. No (a) racing vehicles, or (b) other vehicles (including, without limitation, motorcycles or motor scooters) which are inoperable or do not have a current license tag shall be permitted to remain visible on any Lot or to be parked on any roadway within the Subdivision. No commercial vehicles larger than a standard three-quarter (3/4) ton pickup truck or standard two-axle passenger van shall be permitted to remain on any Lot or to be parked on any roadway within the Subdivision, except those used by a builder during construction of Improvements or other contractors working on Improvements ona Lot. No vehicle of any size which transports flammable or explosive cargo may be kept on any portion of the Property at any time.
ction of Improvements or other contractors working on Improvements ona Lot. No vehicle of any size which transports flammable or explosive cargo may be kept on any portion of the Property at any time.
3.21 Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on any Lot or used as a dwelling, either temporary or permanent, at any time, and no motor homes, travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or from public or private thoroughfares at any time.
3.22 Hazardous Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property, which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes.
Page 7 FOXWOOD ADDITION 3612087v3 —WL7596 PGESO9 3.23 Insurance Rates. Nothing shall be done or kept on the Property, which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon.
3.24 Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth, and no Improvements related to such activities may be erected or maintained on any portion of the Property.
3.25 Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other than
and no Improvements related to such activities may be erected or maintained on any portion of the Property.
3.25 Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any of the Property so as to be audible beyond the boundaries of the Lot on which any such item is located. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants.
3.26 Animals - Houschold Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the Property. No Owner may keep on such Owner’s Lot more than a total of four (4) cats and dogs, in the aggregate, not more than two (2) of which may be dogs. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with Plans and Spccifications
within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with Plans and Spccifications approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property.
3.27. Rubbish and Debris, No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants, Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be kept within enclosed structures or appropriately screened from view. Each Owner shall contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity.
3.28 Air-Conditioning Equipment. No air-conditioning apparatus shall be installed on the ground in front of a dwelling. No air-conditioning apparatus shall be attached to any front wall or window of a dwelling. No evaporative cooler shall be installed on the front wall or window of a dwelling.
Page 8 Foxwoob ADDITION 3612087v3 Site eee rene eee, a re nme meen en aterm, VL75 96 PAGES‘) 0 3.29 Business Activities. No Lot or improvement thereon shall be used for a business, professional, commercial or manufacturing purposes of any kind for any length of time. No business activity shall be conducted on the Property which is not consistent with single family residential
s, professional, commercial or manufacturing purposes of any kind for any length of time. No business activity shall be conducted on the Property which is not consistent with single family residential purposes. No noxious or offensive activity shall be undertaken on the Property, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit a builder’s temporary use of a dwelling as a sales/construction office for so long as such builder is actively engaged in construction on the Property. Nothing in this subparagraph shall prohibit an Owner’s use of a dwelling for quiet, inoffensive activities such as a home office, tutoring or giving art or music lessons so long as such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowners’ peaceful use and enjoyment of their dwellings and yards.
3.30 Sight Lines. No fence, wall, hedge or shrub planting which obstructs sight lines at an elevation between three (3) feet and six (6) feet above the roadway shall be placed or permitted to remain on any comer Lot within the triangular area formed by the street right-of-way lines, or in the case of a rounded property comer, from the intersection of the street right-of-way lines as extended.
The same sight-line limitations shall apply on any Lot within that area is ten (10) feet from the intersection of a street right-of-way line with the edge ofa private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at a minimum height of six feet above the adjacent ground line.
3.31 Utility and Drainage Interference. Within those easements on each Lot as designated
rsections unless the foliage line is maintained at a minimum height of six feet above the adjacent ground line.
3.31 Utility and Drainage Interference. Within those easements on each Lot as designated on the Plat, no Improvement, planting or materials shall be placed or permitted to remain which might damage or interfere with the installation, operation and maintenance of public utilities, or which might alter the direction of flow within drainage channels or which might obstruct or retard the flow of water through drainage channels. The general grading, slope and drainage plan of a Lot as established by Declarant’s approved development plans may not be altered without the approval of Declarant and the appropriate agencies having authority to grant such approval.
{ | | i !
3.32 Dwelling Elevation Patterns. Front elevations of dwellings shall not be repeated within 2 (two) Lots on either side of each Lot.
3.33 Sethack Requirements. No dwelling shall be located on any Lot in violation of the following minimum setback requirements: (a) Front property line -— 25 feet; (b) —_ Rear property line — 15 feet; (c) Side property line —- 7 % feet; and (d) Side property line adjacent to a public right of way — 12 feet.
The Architectural Committee may, without amendment to this Declaration, permit a change in the setback requirements on any Lot in its sole discretion if such change is determined to enhance the value and appearance of the Lot and will not negatively impact the value or appearance of adjacent Lots. The Page 9 Foxwood ADDITION 3612087v3 YOL7596 FAGES 1 1 overhang of the roof of the dwelling may extend over the setback line by no more than one foot. The slab of the dwelling must not extend over or past any setback line.
TION 3612087v3 YOL7596 FAGES 1 1 overhang of the roof of the dwelling may extend over the setback line by no more than one foot. The slab of the dwelling must not extend over or past any setback line.
3.34 Fences and Walls. The rear yard of each Lot shall be fenced. All fences shall be six (6) feet in height, and shall be constructed of six (6) inch wide dog-ear, cedar or fir pickets, or other materials approved by the Architectural Committee. No fence or wall on any Lot shall extend nearer to any street than the front of the dwelling thereon. Except as otherwise specifically approved by the Architectural Committee, all streetside side yard fencing on comer Lots shall be set no closer to the abutting side street than the property line of such Lot. No portion of any fence shall exceed six (6) feet : in height. Any fence or portion thereof that faces a public street shall be constructed so that all f structural members and, unless Declarant determines otherwise, support posts will be on the side of the fence away from the street and are not visible from any public right-of-way.
3.35 General Maintenance of Lots, Each Owner shall maintain and care for the dwelling, all Improvements and all trees, foliage, plants, and lawns on such Owner’s Lot and otherwise keep the Lot and all Improvements thereon in good condition and repair and in conformity with the general character and quality of properties in the immediate area, such maintenance and repair to include but not be limited to: (a) the replacement of worn and/or rotted components, (b) the regular painting of all exterior surface, (c) the maintenance, repair and replacement of roofs, rain gutters, downspouts, exterior walls, windows, doors, walks, drives, parking areas and other exterior portions of the Improvements to
surface, (c) the maintenance, repair and replacement of roofs, rain gutters, downspouts, exterior walls, windows, doors, walks, drives, parking areas and other exterior portions of the Improvements to maintain an attractive appearance, and (d) regular mowing and edging of lawn and grass areas. Upon failure of any Owner to maintain its Lot in the manner prescribed herein, Declarant or the Association, or either of them, at their option and discretion, but without any obligation to do so, but only after ten (10) days written notice to such Owner to comply herewith, may enter upon such Owner’s Lot and undertake to maintain and care for such Lot to the condition required hereunder and the Owner thereof shall be obligated, when presented with an itemized statement, to reimburse Declarant and/or Association for the cost of such work within ten (10) days after presentment of such statement. Such Owner’s failure to timely pay for such work shall be secured by a lien on such Lot in favor of Declarant or the Association, as applicable, for the cost or charge of such work or the reimbursement for such work as otherwise provided in Article VII.
merry 3.36 Compliance with the Restrictions. Each Owner, his or her family, occupants ofa Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for curing the same, fines levied by the Association, actual and consequential damages, and injunctive relief, or a combination thereof. The Restrictions may be enforced by any
ion to recover sums due for curing the same, fines levied by the Association, actual and consequential damages, and injunctive relief, or a combination thereof. The Restrictions may be enforced by any Owner, the Association, or Declarant, provided, however, only the Association shall have the right to levy a fine for the violation of the Restrictions or to bring any action for the collection of any Assessments, other than a Violation Assessment, as provided for herein. Each Owner is strictly liable for the noncompliance of his or her family, occupants of a Lot, tenants, and the guests, invitees, and licensees of the preceding. To aid in the prevention of noncompliance, each Owner shall (a) provide to his or her tenants, who shall sign a receipt for the same, a copy of the Restriction and (b) provide in each lease of a Lot, which lease shall be in writing, that a violation of the Restrictions that is not cured within a ke Page 10 Foxwoob ApniTION BUT GRO, TLE DI CALE ca MET ONE EE ON 3612087v3 ee Ry Ae RL Po mre amen ee neki cae men ep ener eminent ee i ; | 1 VOL7596 PAE 12 seven (7) days of the first notice sent by the Association shall constitute a breach of the lease. Each Owner, by acceptance of a deed to a Lot, hereby irrevocably appoints the Association and Declarant, as such Owner’s attorney-in-fact to terminate the right of occupancy under the lease and evict any tenant or other occupant, not a part of the Owner’s family living with the Owner on the Lot, in the event of an uncured violation. Said attorney-in-fact shall have the right, but not the duty, to bring such eviction proceeding, The cost of curing any violation of the Restrictions, any fine levied by the Association, and
iolation. Said attorney-in-fact shall have the right, but not the duty, to bring such eviction proceeding, The cost of curing any violation of the Restrictions, any fine levied by the Association, and any attorney’s fees, court costs, expenses of litigation, if incurred by the Association or Declarant, whether the matter proceeds to suit or not, shall be a Violation Assessment against the Lot and the Owner and shall automatically become a part of the Assessments and secured by the lien therefore.
3.37 Liability of Owners for Damage to Common Area and Facilities. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Area and Facilities without the prior written approval of the Board. Each Owner shall be liable to the Association for any and all damages to (a) the Common Area and Facilities, or (b) any Improvements constructed on any Lot, the maintenance of which has been assumed by the Association, which damages were caused by the neglect, misuse or negligence of such Owner or Owner’s family, or by any tenant or other occupant of such Owner’s Lot, or any guest or invitee of such Owner, The full cost of all repairs of such damage shall be an Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided for in Section 7.06 hereof, including, but not limited to foreclosure of such lien.
3.38 No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no
estrictive covenants or other terms and provisions contained in this Article or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms, or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms, or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
3.39 Alteration or Removal of Improvements, Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any Improvement shall be performed only with the prior written approval of the Architectural Committee, 3.40 Construction Activities. This Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event that construction upon any Lot does not conform to usual practices in the area as determined by the Architectural Committee in its sole good faith judgment, the Architectural Committee shall have the authority to seek an injunction to stop such construction. In
tices in the area as determined by the Architectural Committee in its sole good faith judgment, the Architectural Committee shall have the authority to seek an injunction to stop such construction. In addition, if during the course of construction upon any Lot there is excessive accumulation of debris of Page 11 FOXWOOD ADDITION 3612087¥3 VL7596 FAES 13 any kind which would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the Architectural Committee may contract for or cause such debris to be removed, and the Owner of the Lot shall be liable for all expenses incurred in connection therewith.
Article IV COMMON AREA AND FACILITIES 4.01 Common Area and Facilities. No land within any Common Arca and Facilities shall be improved, used or occupied, except in such manner as shall have been approved by a two-thirds vote of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein. Such required approval shall extend to the nature and type of use, occupancy and improvement. Notwithstanding the foregoing provision, during the time that Declarant owns Lots within the Subdivision, Declarant shall have the right to construct Improvements within the Common Areas, including park areas, if any, without the consent of the Members or the Association. Access to any Common Area and Facilities may be limited to persons currently paying Assessments, fees and other charges, or otherwise conditioned or restricted, or made available to non-owners, all upon such terms and conditions as the Board may determine.
4.02 Condemnation. If all or any part of the Common Area and Facilities is taken or
ioned or restricted, or made available to non-owners, all upon such terms and conditions as the Board may determine.
4.02 Condemnation. If all or any part of the Common Area and Facilities is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), the Association shall be entitled to participate in the proceedings incident thereto. The expense of participation in such proceedings by the Association shall be a common expense to be paid out of Assessments. The Association is specifically authorized to obtain and to pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons # as the Association, in its discretion, deems necessary or advisable to aid it in any matters relating to such " proceedings. All damages or awards for any such taking shall be deposited with the Association. The Association, in addition to the general powers set out herein, shall have the sole authority to determine | whether to contest or defend any such proceedings, to make any settlement with respect thereto or to ‘ convey such property to the condemning authority in lieu of condemnation.
Article V THE ASSOCIATION 5.01 Organization. Declarant shall, at such time as Declarant deems appropriate, cause the formation and incorporation of the Association. The Association shall be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
h in its Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
5.02 Membership. Any Person upon becoming an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with the ownership of the Lot which qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the Lot.
Page 12 Fox woop ADDITION 3612087v3 sot WL7S96 AGES 1h 5.03 Voting Rights. There shall be two classes of membership for purpose of voting on any Association matter. The Class A Members shall include each Owner (excluding Declarant) of a Lot within the Property and each such Class A Member shall have one (1) vote for each Lot such Member owns. The Class B Member shall be Declarant and/or its assignee, and the Class B Member(s) shall have three (3) votes for each Lot such Member owns. The Class B Membership shall convert to a Class A Membership upon the earlier to occur of (a) the date in which Declarant and its assignee owns less than fifteen percent (15%) of the Lots, or (b) ten (10) years from the date of this Declaration.
5.04 Powers and Authority of the Association. The Association shall have the powers ofa Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts, which may be necessary or proper for or incidental to the exercise of any of the express powers
essly set forth in this Declaration. It shall further have the power to do and perform any and all acts, which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration. Without in any way timiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power and authority at all times as follows: (a) Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact the Association Rules and Bylaws. The content of the Association Rules and Bylaws may be established by the Board, provided the same are not in conflict with this Declaration. , (b) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association functions.
(c) Records. To keep books and records of the Association’s affairs.
(d) | Assessments. To levy assessments as provided in Article VII below. An assessment is defined as that sum which must be levicd in the manner and against the property set forth in Article VII hereof in order to raise the total amount for which the levy in question is being made.
(e) Right Of Entry and Enforcement. To enter at any time in an emergency or ina non-emergency, after twenty-four (24) hours written notice, without being liable to any Owner, upon any Lot and into any Improvement thereon, for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement, or other facility to conform to the Restrictions, and the expense incurred by the Association in connection with the entry upon any Lot and
e purpose of maintaining or repairing any area, Improvement, or other facility to conform to the Restrictions, and the expense incurred by the Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon shall be a personal obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered upon and the Improvements thereon, and shall be enforced in the same manner and to the same extent as provided in Article VII hereof for regular and special Assessments. The Association shall have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens, and take all such action as it may deem necessary or expedient Page 13 Foxwoon ADDITION 3612087v3 VOL75 96 PGES 15 to enforce the Restrictions; provided, however, that the Board shall never be authorized to expend any Association funds for the purpose of bringing suit against Declarant, its successors, or assigns.
63) Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association.
5.05 Common Area and Facilities. Subject to and in accordance with this Declaration, the Association, acting through the Board, shall have the following duties: (a) To accept, own, operate and maintain all Common Area and Facilities which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and for
he following duties: (a) To accept, own, operate and maintain all Common Area and Facilities which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and for whatever purpose which may be located in said areas; and to accept, own, operate and maintain all other property, real or personal, conveyed or leased to the Association by Declarant (or with the Board’s consent) and to maintain in good repair and condition all lands, Improvements and other Association property owned by or leased to the Association. Such maintenance shall include, but not be limited to, painting, mowing and removal of rubbish or debris of any kind.
(b) To pay all real and personal property taxes and other taxes and Assessments levied upon or with respect to Common Area and Facilities or any other property owned by or leased to the Association to the extent that such taxes and Assessments are not levied directly upon the Members of the Association. The Association shall have all rights granted by law to contest the legality of the amount of such taxes and Assessments.
(c) To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and/or death caused by the use and enjoyment of the Common Area and Facilities. Such insurance shall be in an amount as the Board shall deem appropriate.
(ad) To borrow money and to mortgage, pledge or hypothecate any or all of the Common Area and Facilities as security for money borrowed or debts incurred subject to the limitations ; set forth in this Declaration, with the consent of at least 2/3 of the number of votes entitled to be cast % pursuant to Section 5.03 hereof.
Article VI | ARCHITECTURAL COMMITTEE
to the limitations ; set forth in this Declaration, with the consent of at least 2/3 of the number of votes entitled to be cast % pursuant to Section 5.03 hereof.
Article VI | ARCHITECTURAL COMMITTEE 6.01 Reservation of Architectural Control. Declarant, desiring to provide for the preservation of the values and amenities in and upon the Property and to the reservation of architectural control hereinafter expressed for the purpose of implementing a general plan of development for the Property to insure the creation of a high quality, architecturally harmonious subdivision, such general plan of development and reservation of architectural control is for the benefit of the Property and each Owner of any part of thereof, as well as for the benefit of Declarant as developer of the Property, hereby reserve the right and all rights to approve or disapprove as to: Page i4 Foxwoop ADDITION 36120873 cee pre sre renee tt | AoA eRe NE One te Bane ne Hi Sah ae Fe at nt Serene cee ye ee er teen, ANE i i WOL7596 PAGES 1G (a) | Compliance with any specific restrictions imposed by Declarant, the Architectural Committee, or anyone acting on behalf of either Declarant or Architectural Committee, with respect to the Property, and or any part thereof; and (b) Harmony of external design, location and landscaping in relation to surrounding structures and topography which are now or hereafter may be existing or proposed, including, but not by way of limitation, architectural designs, setbacks, landscaping, color schemes and construction materials, any and all subdivisions, re-subdivisions (where permitted), exterior additions to, changes in, construction, alternation or excavation of the Property or any part thereof (including, but not limited to
y and all subdivisions, re-subdivisions (where permitted), exterior additions to, changes in, construction, alternation or excavation of the Property or any part thereof (including, but not limited to the trees located thereon which exceed four inches in diameter) and any and all structures and improvements located thereon, either permanent or temporary, including without limitation, additions to, changes in, or alterations of grade, landscaping, roadways, walkways, signs, exterior lights, walls, fences, buildings, or other structures or improvements located thereon which any person or entity, including without limitation, governmental and quasi-governmental subdivisions or agencies seeks to commence, erect, place or maintain upon the Property, or any part thereof.
6.02 Appointment of Members. Declarant shall appoint the Architectural Committee, which shall consist of three (3) members who shall be natural persons and may be employed by Declarant. All matters before the Architectural Committee shall be decided by majority vote of its members. After all of the Lots are sold by Declarant, the Association shall assume all of the rights and powers of the Architectural Committee. In the event of death, incapacity or resignation of a member of the Architectural Committee, the successor for such member shall be appointed by the majority of the remaining members of the Architectural Committee if before the above date and by the Association if after such date.
6.03 Submission of Plans to Architectural Control Architectural Committee. No building, fence, wall, parking area, swimming pool, spa, pole, mail box, driveway, fountain, pond, tennis court, sign, exterior color or shape, or new construction or modification of a structure shall be
lding, fence, wall, parking area, swimming pool, spa, pole, mail box, driveway, fountain, pond, tennis court, sign, exterior color or shape, or new construction or modification of a structure shall be commenced, erected or maintained upon any Lot or the patio or garage used in connection with any Lot after the purchase of any Lot from Declarant, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same are submitted to and approved by the Architectural Committee. Plans and specification shall be submitted to the Architectural Committee at least thirty (30) days prior to the commencement of any construction or modification. The following shall be submitted for approval: a site plan showing the entire Lot with existing Improvements, and floor plan and elevations of all faces of the proposed structure; and a description of all exterior construction materials. A copy of the above described plans and specifications may be retained by Declarant.
6.04 Approval of Plans. The Architectural Committee shall review the Plans and Specifications and notify the Owner in writing of its approval or disapproval. If the Architectural Committee fails to approve or disapprove such Plans and Specifications within thirty (30) days after the same has been submitted to it, they will be deemed to have been approved by the Architectural Committee. Any disapproval shall set forth the elements disapproved and the reason or reasons thereof.
The judgment of the Architectural Committee in this respect in the exercise of its sole and absolute Page tS FOXWOOD ADDITION 3612087v3 7596 FES 7
ements disapproved and the reason or reasons thereof.
The judgment of the Architectural Committee in this respect in the exercise of its sole and absolute Page tS FOXWOOD ADDITION 3612087v3 7596 FES 7 : discretion shall be final and conclusive and the Owner shall promptly correct the Plans and Specifications (if disapproved) and resubmit them for approval. No construction, alteration, change or modification shall commence until approval of the Architectural Committee is obtained. The Architectural Committee may approve any deviation from these covenants and restrictions as the Architectural Committee, in its sole and absolute discretion, deems consistent with the purpose hereof.
No member of the Architectural Committee shall be liable to any Owner for any claims, causes of action or damages arising out of the denial of any submittal or grant of any deviation to an Owner. Future requests for deviations submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a deviation to any Owner shall not constitute a waiver of the Architectural Committee’s rights to strictly enforce the Declaration and the architectural standards provided herein against any other Owner. Approval by the Architectural Committee of the Plans and Specifications or its determination that the completed construction or modification has been constructed in accordance with the Plans and Specifications shall be deemed to be an acknowledgment by the Architectural Committee that such are in accordance with this Declaration and such acknowledgment shall be binding against the Owners of the Lots and the Property.
6.05 Architectural Committee Members’ Liability. Neither Declarant, the Association, the
with this Declaration and such acknowledgment shall be binding against the Owners of the Lots and the Property.
6.05 Architectural Committee Members’ Liability. Neither Declarant, the Association, the Board, the Architectural Committee nor any employees, officers, directors or members thereof shall be liable for damages or otherwise to anyone submitting Plans and Specifications for approval or to any Owner affected by this Declaration by reason of mistake of judgment, negligence or nonfeasance arising out or in connection with the approval or disapproval or failure to approve or disapprove any Plans and Specifications. Any errors in or omissions from the Plans and Specifications of the site plan submitted to the Architectural Committee shall be the responsibility of the Owner of the Lot to which the Improvements relate, and the Architectural Committee shall have no obli gation to check for errors in or omissions from any such Plans and Specifications, or to check for compliance of such Plans and Specifications with the general provisions of this Declaration, building or development codes, state statutes or the common law, whether the same relate to Lot lines, building lines, easements or any other issue, pamamer: pall de> BOO i 6.06 Design Guidelines. The Architectural Committee has the right to issue Design Guidelines i from time to time which will contain the specific provisions applicable to al! of the Lots regarding style, basic site design issues, aesthetics of each home, the use of quality exterior finish materials and minimum landscaping plans for the Lots. The Design Guidelines will be used by the Architectural Committee with the Declaration to determine the approval of all Plans and Specifications, ws Page 16 Foxwoop ADDITION 3612087v3 ‘2 4 sd 4 3
ots. The Design Guidelines will be used by the Architectural Committee with the Declaration to determine the approval of all Plans and Specifications, ws Page 16 Foxwoop ADDITION 3612087v3 ‘2 4 sd 4 3 te terete oy meme yerineh anne recite atm an 7596 ALESIS Article VI FuNDS AND ASSESSMENTS 7.01 Assessments.
{a) The Association may from time to time levy Assessments against each Lot that has been improved. The level of Assessments shall be equal and uniform between all improved Lots, except for Violation Assessments levied in accordance with Section 3.15. For the purposes of this section, a Lot shall not be considered to be “improved” until a house has been constructed thereon. No Assessments hereunder shall be levied against any unimproved Lot, except for Violation Assessments levied against a Lot Owner, other than Declarant.
(b) Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date.
(c) Each unpaid Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment fell due, and shall become a vendor’s lien against each such Lot and all Improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
7.02 Maintenance Fund, The Board shall establish a maintenance fund into which shall be | deposited all monies paid to the Association and from which disbursements shall be made in performing
Article.
7.02 Maintenance Fund, The Board shall establish a maintenance fund into which shall be | deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.
7,03 Regular Annual Assessments, Until June 30, 2009, the maximum regular annual Assessment shall be $240.00 per Lot. Each fiscal year thereafter, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Restrictions, which shall be limited to the costs incurred pursuant to the powers granted in Section 5.05 and the cost of enforcing the Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year’s fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time and from time to time levy further Assessments in the same manner as aforesaid. All such regular Assessments shail be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. Notwithstanding the
ring the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. Notwithstanding the | foregoing, Declarant shall not be required to pay assessments so long as there is a Class B membership.
In the alternative, Declarant shall have the right to pay full Class A assessments on any portion thereof its Lots at its election without relinquishing its Class B status.
Page 17 Foxwoon ADDITION 3612087v3 eee ane ane a an natn aeemtraiameneeeenmnnmnndaeimnnemna amananiaamataaeedae WL7596 FAGES 19 7.04 Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments to enable the Board to carry out the mandatory functions of the Association under the Restrictions, upon the approval of at least two-thirds of the Members attending a meeting called for that purpose, by adequate notice, with at least sixty percent (60%) of the Members or their proxies present at said meeting. If sixty percent (60%) of the Members do not attend, a second meeting may be called with the same notice and the quorum needed for said second meeting shall be thirty percent (30%) of the Members or their proxies.
7.05 Owner’s Personal Obligation for Payment of Assessments. The regular and special Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the rate of six percent (6%) per annum on the amount of the Assessment, from the due
event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the rate of six percent (6%) per annum on the amount of the Assessment, from the due date thereof, together with all costs and expenses of collection, including reasonable attorneys’ fees.
Mortgagees are not required to, and typically do not, collect assessments through a mortgage payment.
Failure to pay assessments does not constitute default under an insured mortgage.
7.06 Assessment Lien and Forcclosure.
(a) All sums assessed in the manner provided in this Article but unpaid shall, together with interest as provided in Section 7.05 hereof and the cost of collection, including attorneys’ fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner’s heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a first Mortgage lien of 4 record, securing in either instance sums borrowed for the improvement of the Lot in question. Any | foreclosure by the holder of a first Mortgage lien of record shall terminate the liability of the Lot for delinquent, pre-foreclosure Association Assessments. The Association shal] have the power to | subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary : with the Board and such subordination must be signed by a duly authorized officer of the Association.
: To evidence the aforesaid Assessment lien, the Association may prepare a written notice of Assessment
the Board and such subordination must be signed by a duly authorized officer of the Association.
: To evidence the aforesaid Assessment lien, the Association may prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice shall be signed by one of the officers of the Association and shall be recorded in the office of the County Clerk of Smith County, Texas. Such lien for payment of Assessments shall attach with the priority above set forth from the date that such payment becomes delinquent and may be enforced by the foreclosure on the defaulting Owner’s Lot by the Association in like manner as a mortgage on real property subsequent to the recording of a notice of Assessment lien as provided above, or the Association may institute suit against the Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorneys’ fees incurred. The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey, or otherwise deal with the same. Upon the written request of any Mortgagee, the Association shall report to said Mortgagee any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are Page i8 Foxwoop ADDITION 3612087v3 moe Son ere WOL7596 PALES 20 due. Mortgagees are not required to collect any assessments, which may be owed on any lot. Failure to pay assessments does not constitute a default under an insured mortgage.
Son ere WOL7596 PALES 20 due. Mortgagees are not required to collect any assessments, which may be owed on any lot. Failure to pay assessments does not constitute a default under an insured mortgage.
(b) _ In addition to foreclosure by appropriate judicial proceedings, the Association may foreclose its lien against each Lot, in like manner as a Deed of Trust or contractual lien by nonjudicial foreclosure in accordance with Section 51.002 of the Texas Property Code or any future amendments or recodification thereof, without waiving its right to also proceed against the Owner on the Owner’s personal liability. Each Owner, by acceptance of a deed to a Lot hereby expressly vests in the Board of Directors of the Association a power of sale to enforce the lien. The Board may exercise its power of sale by appointing an Agent or Agents, who may be removed and replaced at any time without any formality other than a written appointment, signed by the president or a vice president of the Association, The Board, acting on behalf of the Association, and acting through its appointed Agent or Agents, shall have the power to bid upon any Lot foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and to convey the same from and after the time that a foreclosure sale is conducted. The recitals in the conveyance to the purchaser or purchasers shall be full and conclusive evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be presumed to have been performed, and such sale and conveyance shall be conclusive against the Owner, his heirs, assigns, executors, and administrators. In the event any sale is made of a Lot, the former Owner, his tenants and other persons in possession under him, shall forthwith upon the making of the sale,
s, assigns, executors, and administrators. In the event any sale is made of a Lot, the former Owner, his tenants and other persons in possession under him, shall forthwith upon the making of the sale, surrender and deliver possession of the Lot to the purchaser at the sale, and in the event of their failure to do so, any occupant shall become a tenant at sufferance of the purchaser at the foreclosure sale and the purchaser shall have the right to evict any persons by a proceeding brought in the Justice of the Peace Court where the Lot is situated. Any personal property left on the premises and not reclaimed within ten (10) days from the date of sale, shall be conclusively presumed to have been abandoned by the former Owner, his tenants or other parties in possession under him.
In addition to the preceding, the Association is hereby given an assignment of rents and may directly collect from any tenant rents that are owed to an Owner in any amount that is owed to the Association that has not been paid by the Owner within thirty (30) days of written demand to the Owner at the last known address for the Owner as reflected in the books of the Association, such demand being effective upon being placed in the mail, certified mail, return receipt requested, postage prepaid. The Association is granted the right, without an obligation, to send a notice of Owner’s non-payment to any lienholder on a Lot.
Article VITT EASEMENTS 8.01 Reserved Easements. All dedications, limitations, restrictions, and reservations shown on the Plat and all grants and dedications of easements, rights-of-way, restrictions, and related rights, made prior to the Property becoming subject to this Declaration are incorporated herein by reference and
t and all grants and dedications of easements, rights-of-way, restrictions, and related rights, made prior to the Property becoming subject to this Declaration are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein and shall be construed as being adopted in each and every contract, deed, or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property. Declarant reserves the right to make changes in and additions to the said easements and for the purpose of most efficiently and economically developing i I Page 19 FoxWOOD ADDITION 3612087v3 aap eens a aneenannmmeserneerae ee enema nineteen oeeeemeeeneeanenenratenanesareeny erence aL eT en eee anne Pus cre perirrasee nerenceters. +.
PH e ye sh yet Murer aed orient NRE SESE ES Se eRe Ne ie PE et ME VOL75 96 PAGES 2 | the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other Person, to grant, dedicate, reserve or otherwise create, at any time or from time to time, easements for public utility purposes (including without limitation, gas, water, electricity, telephone and drainage) in favor of any Person along any front, rear, or side boundary line of any Lot, which said easements shall have a maximum width of ten (10) feet (provided, however, that easements along side yard lot lines shall straddle such lot lines with five (5) feet on each of the adjoining Owner’s Lots).
8.02 Installation and Maintenance. There is hereby created an easement upon, across, over, and under all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including but not limited to, water, wastewater, gas, telephones, and
der all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including but not limited to, water, wastewater, gas, telephones, and electricity lines and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service tine, or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement, Notwithstanding any provision contained in this section, no electrical lines, water lines, or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. The utility companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Property abutting such easements.
8.03 Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Committee thereon, require. Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or permanent, in any drainage easement, except as approved in writing by the Architectural Committee.
8.04 Surface Areas. The surface of easement areas for underground utility services may be
emporary or permanent, in any drainage easement, except as approved in writing by the Architectural Committee.
8.04 Surface Areas. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns, or flowers. However, neither Declarant nor any supplier of any utility service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants, or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation, or repair of any facility in any such easement area.
8.05 Common Area and Facilities. Each Owner shall have a non-exclusive easement for use and enjoyment in and to all Common Area and Facilities, which shall be appurtenant to and shall pass with title to such Owner’s Lot, subject to the following provisions: (a) Right of Association to suspend the Owner’s voting rights and right to use the Common Area and Facilities for any period during which an Assessment against such Owner’s Lot remains unpaid, and for any period during which the Owner is in violation of the rules and regulations of the Association; Page 20 Foxwoob ADDITION 3612087v3 VIL75 9-6 PALES 22 (b) The rright of the Association to dedicate or transfer all or any part of the Common Area and Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be approved by a two-thirds vote of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein; (c) The right of the Association to borrow money for the purpose of improving the
r by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein; (c) The right of the Association to borrow money for the purpose of improving the Common Area and Facilities and, in furtherance thereof, mortgage the Common Area and Facilities, all in accordance with the Articles and Bylaws; (d) The right of the Association to promulgate reasonable rules and regulations regarding use of the Common Area and Facilities; and (e) The right of the Association to contract for services with third parties on such terms as the Association may determine.
(f) If the only means of ingress or egress to any dwelling located on a Lot is through any Common Area and Facilities, any conveyance or encumbrance of that portion of the Common Area and Facilities shall be subject to an easement for ingress and egress of the Residential Owner.
Article IX MISCELLANEGUS 9.01 Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until June 30, 2034, unless amended as herein provided. After June 30, 2034, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished as set forth in Section 9.02 below.
9.02 Amendment/Extinguishment. This Declaration may be amended or extinguished by the recording in the Official Public Records of Smith County, Texas of an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment or extinguishment and certifying that such amendment or extinguishment has been approved by Owners entitled to cast at least seventy-five percent (75%) of the number of votes entitled to be cast pursuant to
inguishment and certifying that such amendment or extinguishment has been approved by Owners entitled to cast at least seventy-five percent (75%) of the number of votes entitled to be cast pursuant to Section 5.03 hereof.
9.03 Notices. Any notice permitted or required to be given by this Declaration shail be in writing and may be delivered cither by certified mail, return receipt requested, or personally delivered and a written receipt received therefor. If delivery is made by certified mail, it shall be deemed to have been delivered the date on which it was received by the person to whom such notice was addressed.
Such address may be changed from time to time by notice in writing given by such person to the Association.
9.04 Interpretation, The provisions of this Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and Page 24 FoxwooD ADDITION 3612087v3 YL7S96 PGES 23 of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration.
This Declaration shall be construed and governed under the laws of the State of Texas.
9.05 Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary, neither Declarant nor any of Declarant’s activities shall in any way be subject to the contro! of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct any and alter drainage patterns and facilities, to construct any and all other types of Improvements, sales and leasing offices and similar facilities, and to post signs incidental to
de, to construct any and alter drainage patterns and facilities, to construct any and all other types of Improvements, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales, and leasing anywhere within the Property.
Architectural Committee, nor any member thereof, nor the Board, nor any member thereof, shall be liable to the Association or to any Owner or to any other person for any loss, damage, or injury arising out of their being in any way connected with the performance of the Architectural Committee’s or the Board’s respective duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Committee or its member or the Board or its member, as the case may be.
9.07 Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, and duties under this Declaration to any other Person and may permit the participation, in whole or in part, by any other Person in any of its privileges, exemptions, rights, and duties hereunder.
9.08 Enforcement and Nonwaiver, Except as otherwise provided herein, any Owner, the Association, and Declarant shall have the right to enforce all of the provisions of the Restrictions. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such | provision. The failure to enforce any provision of the Restrictions at any time shall not constitute a : waiver of the right thereafter to enforce any such provision or any other provision of said Restrictions.
The failure to enforce any provision of the Restrictions at any time shall not constitute a : waiver of the right thereafter to enforce any such provision or any other provision of said Restrictions.
The Association shall have the right, when appropriate in its judgment, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Declaration.
Ba ee ee OSA a 9.09 Construction. The provisions of the Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof.
[SIGNATURES ON FOLLOWING PAGE] Page 22 Foxwoopb ADDITION 3612087v3 wenn cp eee sm mes eee eae a neme an ene ennan meme aeteenammapemempnpniee i VIL75 96 PARES 24 IN WITNESS WHEREOF, Declarant has executed this Declaration on + 7 Mus ae ,2004.
DECLARANT: SD1 2004 — TYLER DEVELOPMENTS, INC., a Texas corporation By Randall M. Ziehe, P: STATE OF TEXAS § WIA § COUNTY OF SMITH § 4 ; oo This instrument was acknowledged before me on _ Zé ase AF 2004, by Randall M.
Ziehe, President of SDI 2004 — Tyler Developments, Inc., 4 Texas corporation, on behalf of said SUE FITZPATRICK — Ly ty 4 7) Ty Notary Pubic, Stata of Texze § é
e me on _ Zé ase AF 2004, by Randall M.
Ziehe, President of SDI 2004 — Tyler Developments, Inc., 4 Texas corporation, on behalf of said SUE FITZPATRICK — Ly ty 4 7) Ty Notary Pubic, Stata of Texze § é iv Commission Expires 66-19-08 Notary Public, fate of Texas AFTER RECORDING, PLEASE RETURN TO: corporation.
A MM EOVES aba Steven R. Martens Jackson Walker L.L.P.
100 Congress Avenue, Suite 1100 Austin, Texas 78701 STATE DE TEXAS — COUNTY OF SMITH hereby certify that this instrument was fied on ihe saare time stamped hereon 'y ma and was duty recorded in tha Official oeee7 FE ox Public records of Smith County, Tera, ; B2888 oxmn E225 2° one EON i 5 S Fried fhe) eeee “=a JUD, CARNE : o ato www dene i sham pam TORNTV TERR’ nAFBIES Torat Page 23 Foxwoop ADDITION 3612087¥3 pane enna Sete Re Er smmrereasengtnecee green Satya ee ert tae ein RA OA Ae ante ASSERT tA EAI WL7596 E925 JOINDER OF LIENHOLDER The undersigned, on behalf of Community Bank & Trust (“Lienholder”), being the owner and holder of an existing mortgage and lien upon and against the real property described in the foregoing Declaration and defined as the “Property” in said Declaration, does hereby consent to and join in said Declaration of Covenants, Conditions and Restrictions for Foxwood Addition.
This consent and joinder shall not be construed or operate as a release of said mortgage or lien owned and held by Lienholder, or any part thereof, but the undersigned on behalfof Lienholder agrees that Lienholder’s said mortgage and lien shall hereafter be upon and against the Lots and all appurtenances thereto, and all of the undivided, equitable shares and interests in the Common Area, subject to the
nholder’s said mortgage and lien shall hereafter be upon and against the Lots and all appurtenances thereto, and all of the undivided, equitable shares and interests in the Common Area, subject to the provisions of the Declaration hereby agreed to.
SIGNED by the undersigned authorized officer of Lienholder on flee a 6 , 2004, COMMUNITY BANK & TRUST THE STATE OF TEXAS = § § COUNTY OF SMITH § Vite bres of Community Bank & Trust, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the .
purposes and consideration therein expressed, in the capacity therein stated and as the act and decd of said corporation.
Given under my hand and seal of office on this Xr D_day of dus ( 5 , 2004.
a) AMBER D. LOCKHART > Cryer) NY COMMISSION EXPIRES .
Ne October 14, 2006 Notary Public -- State of Texas Page 24 Foxwoon ADDITION 3612087v3 i (one ame et een ater renee amt seamen ae tame manpeaepammnaemaes tlh.
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