59 0 /20/9 DECLARATION OF Unofficial Copy CONDITIONS AND RESTRICTIONS GEORGETOWN COMMONS ADDITION COUNTY, TEXAS 6 0 3 12019 1603 TABLE OF CONTENTS FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GEORGETOWN COMMONS ADDITION INTRODUCTORY ARTICLE I - DEFINITIONS Paragraph 1.1 - ARTICLES Paragraph 1.2 ASSOCIATION Paragraph 1. BOARD OF DI Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph aragraph ICLE II - PROPERTY RIGHTS........Paragraph 2.1 - OWNER'S EASEMENTS OF ENJOYMENT Paragraph 2.2 DELEGATION OF USE Paragraph 2.3 TITLE TO THE COMMON AREA....
Paragraph 2.4 REPLATTING ARTICLE III - MEMBERSHIP AND VOTING RIGHTS............. eecee 5 Paragraph 3.1 - VOTING RIGHTS Paragraph Paragraph / ARTICLE IV Paragraph 2 Paragraph Paragraph O Paragraph Paragraph / Paragraph 7 Paragraph Paragrap) Paragraph<$ DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS; DUE DATES.............. 8 Parag Gry. 0 - EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION.......... 9 eS 4.11 - SUBORDINATION OF THE LIEN TO MORTGAGES... 2... cece cece eee eee eee 10 asa@graph 4.12 - MANAGEMENT AGREEMENTS................ 11 aragraph 4.13 - INSURANCE REQUIREMENTS............... 11 ICLE V - ARCHITECTURAL CONTROL....... 0 Ses aie ecicee eseeee 13 Paragraph 5.1 - PHYSICAL RESTRICTIONS................ 13 ARTICLE VI — MAINTENANCE... ..cccccccevees ee erecccece eecces - 43 Paragraph 6.1 - OWNER RESPONSIBILITY. .......eeeecee0. 13 Paragraph 6.2 - AUTHORITY OF ASSOCIATION............. 14 Paragraph 6.3 - RESPONSIBILITY OF ASSOCIATION ARTICLE VII - USE RESTRICTIONS Paragraph 7.1 - RESIDENTIAL USES AND LIMITATIONS Paragraph 7.2 FREEHOLD ESTATE Paragraph 7.3 DECLARANT EXEMPTION.
Paragraph 7.4 DOMESTIC ANIMALS Paragraph 7.5 Paragraph 7.6 VISUAL CONTROLS....Paragraph 7.7 FENCES, HEDGBS\OR WAL
SES AND LIMITATIONS Paragraph 7.2 FREEHOLD ESTATE Paragraph 7.3 DECLARANT EXEMPTION.
Paragraph 7.4 DOMESTIC ANIMALS Paragraph 7.5 Paragraph 7.6 VISUAL CONTROLS....Paragraph 7.7 FENCES, HEDGBS\OR WAL PROPERTY OUTSYDA, BUILDIN Paragraph 7.8 ANTENNAS. .
Paragraph Paragraph ARTICLE VIII Paragraph Paragraph ‘aragraph 9. LEASES Paragraph GENDER AND GRAMMAR.
Paragraph 9. CONDEMNATION Paragraph ANNEXATIONS....
Paragraph 9. EXECUTION BY COUNTERPARTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GEORGETOWN COMMONS ADDITION THE STATE OF TEXAS KNOW ALL MEN BY THESE PRERE COUNTY OF TARRANT THIS DECLARATION (herein so called), hereinafter set forth by GEORGETOWN (hereinafter referred to as "Declarant") a (hereinafter defined).
WITNES WHEREAS, Declarant and Owner z the owners of certain property (the “Property") i Arlington, County of Tarrant, State of Texas, q BTOWN COMMONS ADDITION, SECTION ONE, and which is tly described by lots and blocks on the attached Exhikid A corporated herein for all purposes, as Section One ( i-gt éloped lots and Common Area); and WHEREAS, SY 3 be added hereto by Declarant, its successors or as WHEREAS, e t and owners desire to restrict said Property, as i defined, for their common good; and WHER: standing anything to the contrary contained herein, L provisions hereof.
GRE, Declarant and Owners hereby declare that the be held, sold and conveyed subject to the following strictions, covenants and conditions, all of which are ose of enhancing and protecting the value, desirability ctiveness of the Property. These easements, covenants, bictions and conditions shall run with the Property and be ng on all parties having or acquiring any right, title or rest therein or any part thereof, their heirs, successors and
easements, covenants, bictions and conditions shall run with the Property and be ng on all parties having or acquiring any right, title or rest therein or any part thereof, their heirs, successors and Signs, and shall inure to the benefit of each Owner there; FURTHERMORE, any prior recorded documents pertaining to the matters contained herein shall be replaced in their entirety and superseded by the terms of this Declaration.
ARTICLE I DEFINITIONS 1.1 "Articles" means the Articles of Incorporatio 9° GEORGETOWN COMMONS HOMEOWNERS ASSOCIATION, INC.
1.2 “Association” means GEORGETOWN COMMONS ASSOCIATION, INC., its successors and assigns.
1.3 “Board" or “Board of Directors" means Directors of GEORGETOWN COMMONS HOMEOWNERS ASSOCIA 1.4 "Bylaws" means the Bylaws HOMEOWNERS ASSOCIATION, INC.
1.5 “Common Area" means that portion ¢ to be owned by the Association for the Members of the Association, inc recreational facilities, swimming fencing, entrance gate, street ligph Area is more specifically 8 9 s, Clubhouse, streets, green areas. The Common recorded in Cabinet A, Slide 1799, Plat Records, Texas, incorporated herein, as Lots 1 and 55, (a) Planting Association s portion of ownership o Arlington ~ ponsible for maintaining that jf between the curb and private National Drive, which is a City of from the most southerly edge of the ped as Shelton Home Court, and extending Court westward to Lot A, being that portion of , Block 1, as shown on the plat of Georgetown séction One, an Addition to the City of Arlington, County, Texas.
"Common Expenses" means and includes: (a) all sums lawfully assessed against the Common Area by the Managing Agent (hereinafter defined) or Board; (b) expenses of administration and management; (c) expenses agreed upon as Common Expenses by the
l sums lawfully assessed against the Common Area by the Managing Agent (hereinafter defined) or Board; (b) expenses of administration and management; (c) expenses agreed upon as Common Expenses by the Association; and (d) expenses declared to be Common Expenses by this Declaration or by the Bylaws.
1.7. "Construction and Sale Period" means that period of time during which Declarant, its successors or assigns, is developing the premises and selling the Lots and Dwelling Units, which time 120i [ae] period shall extend from the date hereof until such time as the Declarant transfers title to all of the Lots and Dwelling Unit including all Lots annexed pursuant to the provisions of Paragrap 9.7.
1.8 "Declaration" means this Declaration of Conditions and Restrictions.
1.9 "Declarant" means GEORGETOWN COMMONS JOI VER successors and assigns, including any person or enti mano acquires all or substantially all of the Lots for eke selling them to the general public, by Peyantse Declarant, its successors or assigns, or b lieu thereof.
1.10 "Dwelling Unit" means a residentia the housing of one family which sha 1.11 "Effective Date" shall hav meaning set forth in Paragraph 2.3 below.
1.12 "Lienholder" or "> j e means the holder of a first mortgage lien ("Firs on any Lot in the development.
1.13 "Lot" meang d shown upon any recorded plat i mmon Area, upon which a Dwelling Unit may be construg¢ esently existing, and any tract or parcel of land wA itions to the existing property as may hereafter be médé : © Paragraph 9.7.
1.14 "Me 5 meap every person or entity who holds membership AsSociation.
eans the record Owner, including Declarant, its gssigns, whether one (1) or more persons or ee simple title to any Lot, including contract excluding those having such interest merely as
p AsSociation.
eans the record Owner, including Declarant, its gssigns, whether one (1) or more persons or ee simple title to any Lot, including contract excluding those having such interest merely as the performance of an obligation. However, the term all include any Lienholder who acquires fee simple title which is a part of the property, through a deed in lieu pclosure or through judicial or non-judicial foreclosure.
1.16 "Property" means that certain real property described as Section One in Exhibit "A", consisting only of the tracts identified as Section One until such time, if any, additional sections are added thereto and brought within the jurisdiction of the Association pursuant to the terms of Paragraph 9.7 of this Declaration.
ARTICLE II PROPERTY RIGHTS 2.1 OWNER'S EASEMENTS OF ENJOYMENT. Every Owner has a right and easement of enjoyment in and to the Common Area including an unrestricted right of ingress and egress to the Owner's Dwelling Unit, which easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following rights reserved to the Association: a. the right of the Association to suspend a Membe voting rights and right to the use of recreational or 9 facilities owned or operated by the Association for any pe during which any assessment against his Lot remains and for a period not to exceed 30 days for any infra the Associations's published rules and regulatiops; b. the right of the Association to dedi Gee all or any part of the Common Area to A ® ic e authority subject to such conditions af the Members. No such dedication or unless (i) an instrument of agreement transfer, signed by Owners enti ed to O sixty-seven percent (67%) of t gutstanting votes in the s effective gdication or
ons af the Members. No such dedication or unless (i) an instrument of agreement transfer, signed by Owners enti ed to O sixty-seven percent (67%) of t gutstanting votes in the s effective gdication or Association is properly recorded, he Office of the County clerk of Tarrant County, Texas ji) written notice of proposed action under this pr i sent to every Owner not less than 30 days, ey 60 days in advance of that action; Cc. the right of ion to limit the number of guests of Members, ociation, in accordance with its Articles ang y13 oOrrow money for the purpose of improving g the Common Area and facilities and, subject to Send/of all Lienholders, to mortgage that property; She rights under an improvement and/or replacemen are subordinate and inferior to the right of the Association to make rules and S lating to traffic flow and other uses of private , the property and to make rules regarding the use of clubhouse and all other facilities within the Common DELEGATION OF USE. Any Owner may delegate, in accordance e Bylaws, his right of enjoyment to the Common Area and ties to the members of his family, his tenants or contract purchasers who reside on the property. The Owners hereby covenant that any lease executed on a Lot shall comply with the terms of } Paragraph 9.4.
2.3 TITLE TO THE COMMON AREA. The Declarant hereby covenants for itself, its successors and assigns that it will convey and the Owners agree that the Association shall accept a conveyance of fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens, except easements of record and easements shown upon the final revised plat of the Addition upon i the filing of said plat or this document, whichever is later to
d clear of all encumbrances and liens, except easements of record and easements shown upon the final revised plat of the Addition upon i the filing of said plat or this document, whichever is later to | occur ("Effective Date"). The Common Area shall remain undivided u 120i5 isla 4 and shall at all times be owned by the Association or its successors, it being agreed that this restriction is necessary order to preserve the rights of the Owners with respect to t operation and management of the Common Area.
2.4 REPLATTING. The Declarant, its successors or reserves the right to replat any of the platted property ihed in the platting of Georgetown Commons, Section One, an the City of Arlington, Tarrant County, Texas, so a Yhe replatting does not increase the number of platted 1g’ i hat section of the Addition.
ARTICLE IIIf MEMBERSHIP AND VOTING 3.1 VOTING RIGHTS. The As iatio have two (2) classes of voting membership: O all be all Owners, with all be entitled to one em,more than one (1) person £) f11 such persons shall be Members. The vote for ot/shall be exercised as they among themselves de 8 in no event shall more than 9 one (1) vote 2. i aspect to any Lot.
a. Class A. Class A the exception of the Declarf (1) vote for each Lot A holds such interest i b.
Section O entitled ss B Member is the Declarant, under e@ sections added hereto, and shall be votes for each Lot owned, provided that Pp shall cease and be converted to Class happening of the earlier to occur of the (2) five (5) years from the filing date hereof in the Deed Records of Tarrant County, Texas, or (3) when the Declarant files in the Deed Records of Tarrant County, Texas, its Affidavit that the Association is viable and reasonably self-supporting financially and
ords of Tarrant County, Texas, or (3) when the Declarant files in the Deed Records of Tarrant County, Texas, its Affidavit that the Association is viable and reasonably self-supporting financially and Declarant thereby elects in its discretion to convert all Class B Membership to Class A Membership.
3.2 NO CUMULATIVE VOTING. There shall be no cumulative voting at any meeting of the Association.
3.3 NONVOTING MEMBERSHIP. The Association may create a nonvoting membership class for individuals who do not own a Lot located in the development. The rights for this class of membership would be limited to the use of the Common Area. The Association shall charge an appropriate membership fee which shall 7 ~ 5 j 12019 iol} be used to offset the Common Expenses. The fee may include an initial membership charge as well as monthly dues.
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 4.1 CREATION OF THE LIEN _ AND ASSESSMENTS. The Declarant, for each lot owned within the’® and each present Owner by the execution hereof, here : and each future Owner of any Lot by acceptance of a whether or not it is expressed in any conveyance, is deemed to covenant and Association: (1) regular assessments or Paragraphs 4.2 and 4.3, and (2) special improvements; these assessments shall be collected as hereinafter provided qd, thereon and costs of collection there shall be a charge on the land and shalt lien on the property against which ,eas assessment, plus interest, costs shall also be the personal Owner of the property at th personal obligation for deling for capital ablished and ith interest Nafter provided, secured by a continuing essment is made. Each lable attorney's fees, he person who was the sessment fell due. The xpressly assumed by them.
BMENTS. The assessments levied by
interest Nafter provided, secured by a continuing essment is made. Each lable attorney's fees, he person who was the sessment fell due. The xpressly assumed by them.
BMENTS. The assessments levied by exclusively for the purpose of e , safety and welfare of residents . icular of the improvement, replacement and maintenance r operty. There shall be an annual i C Association, as hereinafter defined: the Association promoting the rg ase AAssessments” which include, but are not limité¢d unds to cover actual Common Expenses to insure placement and maintenance of the improvements as Paragraph 6.3 and the Reserve Fund as defined and in Paragraph 4.7, or as may from time to time be ed by the Board of Directors and other maintenance ities or charges required by this Declaration or that the of Directors determines necessary to meet the primary rpose of the Association 4.3 BASIS AND PAYMENT OF ANNUAL ASSESSMENTS. All annual assessments set forth in this Article IV are cumulative and shall be due and payable on or before the fifth day of each calendar quarter as follows: a. Base Assessments. Each lot Owner shall pay Base Assessments (the "Base Assessments") quarterly, initially in the amount of Two Hundred Twenty-Five Dollars and No/100 Dollars ($225.00) per quarter, per Lot. The Base Assessments shall be paid by all Owners, regardless of, and in addition, any other assessments. The initial amount of Base Assessments may be increased annually in the manner and amounts provided in Paragraph 4.4, below.
4.4 MAXIMUM OF ANNUAL ASSESSMENTS.
a. Until January 1 of the year immediately following the Effective Date, as defined in Section 2.3, the maximym quarterly assessments shall be as set forth in Paragraph 4 b.. From and after January 1 of the year immegi
of the year immediately following the Effective Date, as defined in Section 2.3, the maximym quarterly assessments shall be as set forth in Paragraph 4 b.. From and after January 1 of the year immegi following such Next Lot Sale, the maximum annual aséés May be set effective January 1 of each year without_a C. After consideration of current AL ts and future needs of the Association, the & i may fix the annual assessment at an amoun i of the maximum.
following the Effective Date, the imum annual assessment may be set above one hundred tg Snt (110%) only by the written approval of the Owner percent (67%) of the s embers of each class present in person or by f eeting or pursuant to a canvass as allowed by Para OC d. From and after Janua CAPITAL IMPROVEMENTS. In | uthorized above, the Association may levy, OS 3 e (as defined in Subparagraph d of Paragraph 4.9), sSessment applicable to that year only, for the purpose in whole or in part, the cost of any | construction, re 2 ioW or unexpected repair or replacement of a described capital \ yement upon the "Common Area", including the necessa i and personal property which are the responsibilj Association; provided that any such assessment dave the written approval of the Owners entitled to cast $d yf percent (67%) uf the votes of each class of the son or by proxy at a meeting or pursuant to a 4.4 AND 4.5. Written notice of any meeting called for pose of taking any action authorized under paragraphs 4.4 shall be sent to all Members not less than 30 days nor more 0 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty-seven percent (67%) of all the votes of each class of the membership entitled to be cast by the Members of the Association
meeting called, the presence of Members or of proxies entitled to cast sixty-seven percent (67%) of all the votes of each class of the membership entitled to be cast by the Members of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice and quorum requirements. In lieu of a second or any successive meeting, a door to door canvass may be used to obtain the written consent of sixty-seven percent (67%) of the Class A Owners and sixty-seven percent (67%) of the Class B Owners.
a 1201S jiol3 The quorum requirements for stockholders' meetings to consider other matters shall be set forth in the Articles and Bylaws of the Association.
4.7 RESERVE FUNDS. The Association shall establig adequate reserve fund (the "Reserve Fund") for replacemen allocated to the Reserve Fund. The Reserve Fund an account segregated from those funds mgin operating expenses.
Nly and special Lots to which the assessments apply regardless of, locatig ize, and shall commence and be due in accordance w the pro ions of Paragraph 4.9. Notwithstanding anything to tk ontrary contained herein, during the time period Declarant i lass A voting, Declarant will pay only $30.00 per quarte lots.
4.9 DATE OF COMMENCE ASSESSMENTS; DUE DATES.
on the Lots shall commence on llowing the Effective Date as a. The annual the first day of 0 defined above, rant holds any Class B voting rights aph 3.1, Declarant is not liable for any described in Paragraph 4.3, thing contained therein to the contrary agmaph 4.3)- HOREVER Declarant shall pay any . The annual assessment is due and payable in advance e Owner to the Association in four (4) equal quarterly talIlments.
d. The annual assessment for the first partial
HOREVER Declarant shall pay any . The annual assessment is due and payable in advance e Owner to the Association in four (4) equal quarterly talIlments.
d. The annual assessment for the first partial assessment year (through December) have been fixed by Paragraph 4.3 above. Except for the first assessment year, the Association shall fix the amount of the annual assessment at least 30 days in advance of each assessment year, which shall be the calendar year; provided, however, that the Association shall have the right to adjust the annual assessment upon 30 days written notice given to each Owner as long as any such adjustment does not exceed the maximum permitted under Paragraph 4.4(b) above. Written notice of the annual assessment shall be sent as soon as is practicable to every Owner subject thereto. The Association shall, on demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the annual and special assessments on a specified Lot have been paid and ro) Q1' iy 8 & (en) hm the amount of any delinquency. A reasonable charge my be made by the Association for the issuance of these certificates The certificates are conclusive evidence of payment of assessment therein stated to have been paid.
4.10 EFFECT OF NONPAYMENT OF ASSESSMENTS: ASSOCIATION.
REMEDIES -OFs, County, Texas, or at such other place as the otherwise direct or permit. Payment gh regardless of whether any Owner has Declarant, the Association, P any other person or entity regarding any which this Declaration relates or pertains. NerN the assessments shall be both a continuing aff, A the Owner (other than the Decla Ontinuing covenant running with the land.
this Declaration which f an assessment is not date of delinquency, the
NerN the assessments shall be both a continuing aff, A the Owner (other than the Decla Ontinuing covenant running with the land.
this Declaration which f an assessment is not date of delinquency, the 6m the date of delinquency, Percent (10%) per annum. The bring an action at law against gated to pay the same; or, on provisions set forth in Paragraph en against the Lot, as provided in ere shall be added to the amount of the Warge, the costs of preparing and filing action, and in the event a judgment is gment shall include interest as above 9 extent permitted by law), a reasonable attorne fee and costs of action. Each Owner vests in the i pr its assigns, the right and power to bring all aw or for lien foreclosure against such Owner or lection of such delinquent assessments. Under no bi. An assessment prov, is not paid when due i, elf paid within 30 days Gre or inability to enforce or attempt to enforce any ssessments. In addition, to the extent permitted by law, eclarant reserves and assigns to the Association, without recourse, a vendor's lien against each Lot to secure payment of any common assessment and special assessment which is levied pursuant to the terms hereof. Such liens may be enforced by appropriate judicial proceedings and such expenses incurred in connection therewith, including such interest, costs and reasonable attorney's fees shall be chargeable to the Owner in default.
es No action shall be brought to foreclose said assessment lien or to proceed under the power of sale herein provided less than 30 days after the date a notice of claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner of said Lot, and a l20iS i615 copy thereof is recorded by the Association in the Office of
claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner of said Lot, and a l20iS i615 copy thereof is recorded by the Association in the Office of the County Clerk of Tarrant County; said notice of claim mu cite a good and sufficient legal description of any such Lot the record Owner or reputed Owner thereof, the amount cl (which may, at the Association's option, include interg the unpaid assessment at the rate of ten percent [03 annum, plus reasonable attorney's fees and exp.
collection in connection with the debt secured by sai and the name and address of the claimant.
powers of sale in mortgages and deeds/of’ tYus in Section 51.002 of the Texas Property(Code, amended from time to time, or in any other manner i by law. Each Owner, by accepting a deed to his Lot, & gly grants to the Association a power of sale, n said Section 51.002, in connection with assessment lien. The Association, through duly authori agents, has the power to bid on the Lot at foreclosurg to acquire and hold, e. S any default for which a notice of claim of li 6d by the Association, the officers of the Assog hereby authorized to file or €n appropriate release of such defaulting Owner of a fee, to be on but not to exceed Twenty-Five -00), to cover the costs of preparing such release.
record, as the notice, upon determined b and No/100 yitten request of a First Mortgagee, the provide the First Mortgagee written Notice wy the Owner-Mortgagor in the performance of s] obligations hereunder, including payment of which has not been cured within two days after pOvided that any such requirement of notice shall or affect any rights or remedies of the avion, including exercise of the same, provided for in
yment of which has not been cured within two days after pOvided that any such requirement of notice shall or affect any rights or remedies of the avion, including exercise of the same, provided for in Declaration. Any request made under this Paragraph will Are the prepayment of a $25.00 fee to the Association.
g- The assessment lien and the right to foreclosure sale hereunder shall be in addition to and not in substitution for all other rights and remedies which the Association, its Successors and assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above provided.
4.11 SUBORDINATION OF THE LIEN TO MORTGAGES. The lien securing the assessments provided for herein is subordinate to the lien of any duly recorded purchase money or first mortgage. Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer, except for its pro-rata shays resulting from a reallocation amount all Lot Owners. No sale transfer shall relieve such Lot from liability for any assesga thereafter becoming due, according to the terms herein prov 4,12 MANAGEMENT AGREEMENTS.
to be bound by the terms and conditions of agreements entered into by the Association.
engaged by any current management agreement shall herein as the "Managing Agent".
agreements shall be available to each Owner management agreements entered into by the that such agreement may be canceled wi without penalty by either party with Termination must be authorized by a majorit
ments shall be available to each Owner management agreements entered into by the that such agreement may be canceled wi without penalty by either party with Termination must be authorized by a majorit Association. In no event shall canceled prior to execution by t Directors of a new management agreeN unless a new management agreement will become operative j = upon the cancellation of the preceding management ,agreémey hall be the duty of the Association through its & ectors to effect a new Management agreement pri ég/’expiration of any prior Management contract. agement agreements shall be years and shall be made with a professional and i s or parties with proven management skills ari The Members of on may terminate the professional management o Khe SOpe and assume self-management by the Association Q e Association through the Board of Directors, or horized agent, shall obtain the following types of policies covering the Common Area and covering all or injury caused by the negligence of the Association of its agents: (1) property hazard insurance in an amount equal to the full replacement value of the common facilities owned by the Association (including all building service equipment and the like) affording protection against loss or damage by fire and other hazards covered by the standard extended coverage endorsement, and by sprinkler leakage, debris removal, cost of demolition, vandalism, malicious mischief, windstorm and water damage and any such other risks as shall customarily be covered with respect to projects similar in construction, location and use; (2) a comprehensive general public’ liability insurance insuring the Association, with such limits as it may consider acceptable (and not less than One Million
milar in construction, location and use; (2) a comprehensive general public’ liability insurance insuring the Association, with such limits as it may consider acceptable (and not less than One Million Dollars [$1,000,000.00] covering all claims for personal 12013 J617 am injury and/or property damage arising out ef a single occurrence), such coverage to include protection against water damage liability, liability for non-owned and hire automobiles, liability for property of others and an other coverage the Association deems prudent and whi customarily carried with respect to projects sim) construction, location and use; (3) a policy of fidelity coverage against dishonest acts on the Directors, trustees and employees of the Asf all others who handle or who are re jb funds of the Association. Such Z assessments plus reserves; (4) in the discreti a policy of Directors and Officers li jty instrance in an amount determined by the Board to fficient protection for the Board Members; and (5) all su is} gall be written on such available forms a g¢ich forms of endorsements (including addition dorséments) as may be requested from time to e Federal National Mortgage Associati ppropriate federal mortgage insurance Surance authorized by Subparagraph a.
be a Common Expense payable from Base il¥%ty and personal property insurance for contents shall be the responsibility of bvent of damage or destruction by fire or other any property covered by insurance written in the wé Association, the Board of Directors shall, upon of the insurance proceeds, contract to rebuild or uch damaged or destroyed portions of the Property to former condition. All such insurance proceeds shall be epbésited in a bank or other financial institution in which
proceeds, contract to rebuild or uch damaged or destroyed portions of the Property to former condition. All such insurance proceeds shall be epbésited in a bank or other financial institution in which he accounts are insured by a Federal government agency, with he provision agreed to by said bank or institution that such funds may be withdrawn only by signature of at least one-third (1/3rd) of the members of the Board of Directors, or by an agent duly authorized by the Board of Directors shall advertise for sealed bids with any licensed contractors, and then may negotiate with any contractor, who shall be required to provide a full performance and payment bond for the repair, reconstruction or rebuilding of any building or other facilities which are part of the Common Area of such destroyed building or buildings. In order to handle small jobs expeditiously and efficiently, the Board may depart from the above procedure in the handling of repairs or restoration where the insurance recoverable on account of any one casualty is estimated to be $5,000.00 or less.
In the event the insurance proceeds are insufficient to pay all costs of repairing and/or rebuilding any building or other facilities which are part of the Common Area to th€ condition formerly existing, the Board of Directors shall a special assessment against all Owners, as herein provx@ to make up any deficiency.
cost basis of one hundred percent (100%) of value shall require the approval of fifty one pé the holders of First Mortgages (based u e ARTICLE V ARCHITECTURAL CONTRO.
5.1 PHYSICAL RESTRICTIONS.
building (including outbuildings for uses), fence, wall or other struct be commenced, erected or maintained upon any Lot, nor shiz terior addition to or
RCHITECTURAL CONTRO.
5.1 PHYSICAL RESTRICTIONS.
building (including outbuildings for uses), fence, wall or other struct be commenced, erected or maintained upon any Lot, nor shiz terior addition to or specifications showing the qd, shape, height, square footage, materials and locati same are submitted to and relation to surroundjng and topography and compliance with this Declarat ig ated objectives by the Board of Directors of the fA 6r by an Architectural Committee composed of thred > representatives appointed by the Board. In the Ral board or its designated committee fails to approve or Such design and location within thirty (30) days afte AS and specifications have been submitted to it, appro nét be required; and this Article will be deemed to bhé wlly satisfied. Approval, once given, shall be irrevocé Dwell Unit or other age or other residential ARTICLE VI MAINTENANCE R. OWNER RESPONSIBILITY. Each Owner is responsible for @nance of his Lot and Dwelling Unit except those maintenance dsibilities of the Association enumerated in Paragraph 6.3.
Dwelling Unit shall have an adequate yard sprinkler system and Owner is responsible for installation and operation of such sprinkler system (including automatic operating controls) for his yard and for maintenance of any part of such sprinkler system within any enclosed portions of his yard. If the need for maintenance or repair of a Dwelling Unit or Lot is caused through the willful or negligent acts of its Owner or through the willful or negligent acts of the family, guests or invitees of the Owner, the costs of the exterior maintenance performed by the Association
h the willful or negligent acts of its Owner or through the willful or negligent acts of the family, guests or invitees of the Owner, the costs of the exterior maintenance performed by the Association in accordance with Paragraph 6.3 shall be added to and become part of the assessment to which such Lot is subject. Notwithstanding anything contained herein, Owner's liability for maintenance and 12015 1819 13 repair is limited to that liability Owner would have under Texas law.
6.2 AUTHORITY OF ASSOCIATION. If any Owner fails to mainta the premises and improvements in a manner satisfactory to theg@ of Directors, the Association, after approval by majority the Board of Directors, shall have the right, through i and employees, to enter upon the Lot and to repair, mj restore the Lot improvements. The cost of suc maintenance shall be added to and become part of thg which such Lot is subject.
6.3 RESPONSIBILITY OF ASSOCIATION.
responsible for the following: a. repair, replacement and mainten§ located on the Common Are i streets, landscaping, m the median strips on al within the Property, swimm walls, security gates, s Drive, and the twenty-fdu 24') lane leading to Lot A; ‘vate and public streets 1, clubhouse, equipment, b. payment of all g from legal, accounting or Management Ss ndered on behalf of the Associat¢ xterior unenclosed yard, including ub and tree trimming and maintenance of Akler systems, but excluding watering of and plantings and excluding repairs to tem controls located inside any Dwelling er system for the Common Area. Lots need not be @, landscaped or sprinklered until Dwelling Units built thereon.
ARTICLE VII USE RESTRICTIONS 7.1 RESIDENTIAL USES AND LIMITATIONS. Except for the Common @a, the Property is hereby restricted to residential dwellings
sprinklered until Dwelling Units built thereon.
ARTICLE VII USE RESTRICTIONS 7.1 RESIDENTIAL USES AND LIMITATIONS. Except for the Common @a, the Property is hereby restricted to residential dwellings for residential use only and, after the Effective Date, outbuildings for storage or other residential use only when approved by the Board of Architectural Committee. The common Area shall not be used for any commercial purposes; however, this provision shall not preclude the Association from charging reasonable fees for the use of the recreational or storage facilities which are a part of the Common Area. All buildings or structures erected upon said Property shall be of new construction.
No buildings or structures shall be moved from other locations onto ' said Property, and no subsequent buildings or structures other than / Dwelling Units, and auxiliary buildings thereto as _ above ‘ oO stipulated, shall be construction. No structures of a temporary character, including trailers, motor vehicles, tents,shacks garages, barns or other outbuildings, shall be used on any porti of said Property at any time as a residence, either temporari ° permanently.
7.2 FREEHOLD ESTATE. Each Lot shall be convey separately designated and legaily described freehold est to the terms, conditions and provisions hereof.
7.3 DECLARANT EXCEPTION. Notwithstanding herein contained to the contrary, it shall be for Declarant and/or its appointee, to Construction and Sale Period, upon such po Declarant and/or its appointee deem neces facilities as intee, may he reasonably required, convenient or cidenta e construction and sale of the Lots and Dwelling all include, but shall not be limited to, a busi office, storage area, construction yards, model Dwelling-ts da sales office.
ed, convenient or cidenta e construction and sale of the Lots and Dwelling all include, but shall not be limited to, a busi office, storage area, construction yards, model Dwelling-ts da sales office.
livestock or poultry of any kind shall be raised, b?éd én any of said Lots except that a reasonable number, ith a residence, of dogs, cats or other household pé ept, provided that they are not kept, bred or mainta y commercial purpose. Owners shall abide by the the City of Arlington.
7.5 SIGN signs of any s “ising signs, billboards, political objects or nuisances shall be erected, placed or pe in on said Property except as approved by the Board, aid Property be used in any way or for any purpose which— daNger the health or unreasonably disturb the Owner of d reserves the right to enter in and upon any Lot for me Sf removing any sign being maintained thereon which has pproved. No business activities of any kind whatever shall ted in any building or in any portion of said Property.
iyvities, signs and billboards or the construction and aAtenance of buildings, if any, of Declarant, its agents and HSSigns during the Construction and Sale Period, or of the Association as incorporated or to be incorporated under the laws of the State of Texas, its successors and assigns, in furtherance of its powers and purposes as herein set forth. Nor shall the foregoing covenants apply to "For Sale" signs of reasonable size erected by the Owner of a Dwelling Unit.
7.6 VISUAL CONTROLS. All clotheslines, equipment, service yards or storage piles shall be kept within the patio areas or other screened areas so as to conceal them from view of neighboring Dwelling Units and streets.
15 7.7 FENCES, HEDGES OR WALLS; USE OF PROPERTY OUTSIDE BUILDING
shall be kept within the patio areas or other screened areas so as to conceal them from view of neighboring Dwelling Units and streets.
15 7.7 FENCES, HEDGES OR WALLS; USE OF PROPERTY OUTSIDE BUILDING LINES. No fences, hedges or walls shall be erected or maintained upon said Property, except such as are installed in accordance with the initial construction of the buildings located thereon or as approved by the Association's Board of Directors or t designated representative. Except for the right of ingres egress, the Owners of the Lots are hereby prohibited and resf#rj from using any of said Property outside the exterior lines, and patio areas, except as therein provided or a allowed by the Association's Board of Directors. It 7s" acknowledged and agreed by all parties Paragraph is for the mutual benefit and protectj Lots in the GEORGETOWN COMMONS ADDITION.
7.8 ANTENNAS. Without prior written ap the Board of Directors, no exterior television or radio 4nt or satellite dishes of any sort shall be placed, allowed o ifitained upon any portion of the improvements upon Q nor upon any structure situated upon the Property.
7.9 . No parking space on the Property shall, i permission of the Association, be used for e pbedts, trailers, campers, unused or inoperable automobileX 4 any other items which the Association deems unsightl may be carried on upon any Lot dered as giving annoyance to ies and which might be calculated to reduce the 5 ik of the Property as a residential neighborhood, e' h activity is in the nature of a hobby and not carrie@ it. The Board of Directors of the ARTICLE VIII EASEMENTS ENCROACHMENTS. Each Lot and the Property included within Area is subject to an easement for minor encroachments by construction, setting, overhangs, brick ledges,
rectors of the ARTICLE VIII EASEMENTS ENCROACHMENTS. Each Lot and the Property included within Area is subject to an easement for minor encroachments by construction, setting, overhangs, brick ledges, es, fences or other protrusions designed or constructed by ant and for the maintenance (if any) of same, so long as it 8.2 ADDITIONAL EASEMENTS. There is hereby created a blanket easement upon, across, over and under said Property for ingress and egress across the private streets for all Owners and for all utility or service companies and/or governmental agencies for installing, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewers, gas, telephones electricity, cable television and a master television antenna system. By virtue of this easement, it shall be expressly permissible for the electric and/or telephone company and cable company to erect and maintain the necessary poles and other cuUiv necessary equipment on said Property and to affix and maintain electric and/or telephone wires, circuits and conduits and cab on, above, across and under the roofs and exterior walls of sa Dwelling Units. An easement is, in addition, specifically g to the United States Post Office, its agents and employee, to upon the streets and Lots in the performance of mail de any other United States Post Office services. An e similar persons to enter upon the streets and performance of their duties. Further, an ease granted to the Association, its officers, agents, management company duly selected by the Asge or cross over the Common Area and or any of maintenance and repair provided for anything to the contrary contained in th electrical lines, water lines or other uth or relocated on said Property, exc. as in approved by Declarant or
and or any of maintenance and repair provided for anything to the contrary contained in th electrical lines, water lines or other uth or relocated on said Property, exc. as in approved by Declarant or the Associations's Board of Director f a utility furnishing a service covered by the general eag ein provided requests a specific easement by separate re A cument, Declarant shall have the right during the and Sales Period to grant such easement without con the terms hereof. The easements provided of or_i i Avticle VIII shall in no way affect any other recorde on said Premises Common Area, exterior surfs alls at points to be designated by the so long as such underground service is G/240 volt, 3 wire, alternating current. Easements nd service may be crossed by driveways, walkways » provided the Declarant makes prior arrangements {lity company furnishing such service. Such easements @erground service shall be kept clear of all buildings her the Declarant nor the utility company using the shall be liable for any damage done by either of them or assigns, their agents or employees to shrubbery, trees, brs or other improvements of the Owner located on the land owered by said easements.
ARTICLE IX GENERAL PROVISIONS 9.1 ENFORCEMENT. The Association, or any Owner, may enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, the Bylaws and Articles of Incorporation. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained 17 12015 i623 shall in no event be deemed a waiver of the right to do so thereafter.
9.2 SEVERABILITY. Invalidation of any one (1) of covenants or restrictions by judgment or court order shall
ntained 17 12015 i623 shall in no event be deemed a waiver of the right to do so thereafter.
9.2 SEVERABILITY. Invalidation of any one (1) of covenants or restrictions by judgment or court order shall wise effect any other provisions which shall remain in f and effect.
9.3 AMENDMENT.
a. The covenants and restrictions of shall run with and bind the land, P benefit of and be enforceable by Declarant, its successors or assig Lot, or the Owner of any Lot subja their respective legal representative successors and assigns, for a term of 30 year rom t his Declaration is recorded, after which f & said “COvenants shall be automatically extended for su Sive periods of ten (10) years. This Declaration mg nded at any time by an instrument signed by Owne y sixty-seven percent esvotes outstanding in the Association. Any amerés Me properly recorded in the b. KO dtion nor the Owners may, by act erminate the legal status of the et forth in this Declaration (for antial destruction or condemnation of at least sixty-seven percent (67%) of ed on one vote per Lot) give their prior Declarant reserves the right during the h and Sale Period, without joinder or consent of pf Mortgagee, to amend this Declaration or the €4n instrument in writing duly signed, acknowledged led for record, for the purpose of resolving or ing any ambiguities or conflicts herein, or correcting inadvertent misstatements, errors or omissions herein, or omply with the requirements of Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Veteran's Administration, or Federal Housing Administration, provided that no such amendment shall change the vested property rights of any Owner, subject to Paragraph 2.1(b).
9.4 LEASES. Any lease agreement between an Owner and a
ederal Housing Administration, provided that no such amendment shall change the vested property rights of any Owner, subject to Paragraph 2.1(b).
9.4 LEASES. Any lease agreement between an Owner and a lessee shall be in writing and provide that the terms of the lease are subject to the provisions of the Declaration, Bylaws and Articles of Incorporation, and any violation of any provision of said documents will be a default under the terms of the lease. No Dwelling Unit may be leased for an initial term of less than six (6) months.
9.5 GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean the plural when applicable, and the 12019 i624 18 Ph c necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed in ea case.
9.6 CONDEMNATION. If all or any part of the props taken or threatened to be taken by eminent domain or by the nature of eminent domain (whether permanent or tempo association shall serve as the exclusive representa owners, as their attorney-in-fact hereby appoip proceedings, negotiations, settlements or agreey thereto. The Association shall give timely existence of such proceedings to all Association to have an interest in any Lot expense of participation in such proceedi shall be borne by the fund for the Association is specifically authoriz to oD Ad pay for such assistance from attorneys, apprai Ects, engineers, expert witnesses and other persons the Association in its discretion deems necessary or advj aid or advise it in matters relating to such proceedj damages or awards for such taking shali be depot ved Association, and such damages or awards. shall as is reasonable and
n deems necessary or advj aid or advise it in matters relating to such proceedj damages or awards for such taking shali be depot ved Association, and such damages or awards. shall as is reasonable and equitable, taking into acc relevant facts and circumstances. In the eve action in eminent domain is c Common Area, the Association, gS set out herein, shall have the her to defend or resist any such bitement with respect thereto, or to condemning authority in lieu of such ith respect to any such taking, all be determined for such taking as a whole interest therein. After the damages or in addition to sole authority proceeding, to convey such pr¢g condemnation damages and awa and not for ea awards for ¢ punt of each Owner, if any, as is reasonable and into _ account all the relevant facts and e Owners, at which meeting the Owners by a majority ide whether to replace or restore as far as possible, Area so taken or damaged. In the event it is determined ommon Area should be replaced or restored by obtaining trument executed by the Association on behalf of the Owners.
9.7 ANNEXATIONS.
a. Notwithstanding anything contained in any other provision herein, Declarant shall have the right, without the consent of any other Owner or any Lienholder, to bring within the scheme of the Declaration, in one (1) or more future stages or additions of the Development within five years of the date of recording of this instrument or such extended period as may be acceptable to the Federal National Mortgage Association under its guidelines for approval of loans on Dwelling Units in the Georgetown Commons Addition. Nothing in 19 A> this Declaration shall be construed to represent the Declarant, its successors or assigns, are under any obligation
lling Units in the Georgetown Commons Addition. Nothing in 19 A> this Declaration shall be construed to represent the Declarant, its successors or assigns, are under any obligation to add or annex additional Property to this residential Development.
b. Voting rights with respect to each annexed Lot a effective on the date of annexation, and will be calculatgd provided under Article III hereof.
c. The additions authorized under this Parg shall be made by filing of record Supplementary Deg of Covenants, Conditions and Restrictions with r¢s additional Property which shall extend e covenants and restrictions of this Peg Property. The Supplementary Declaratign(s) shé€ ontain a boundaries of each Lot and the Common Area.ar learly set forth.
d. No property shall be annexed to the Property before all streets, utilities and cop# improvements to be constructed thereon are Ss pleted.
gunterparts and all such executed by the parties in be deemed to constitute one counterparts so executed sha final agreement yi oe i counterpart with thg C as if one counterpart had been signed by all partijes g enholder at the date of the recording of n6t be deemed bound by this Declaration executed and acknowledged a counterpart ng that particular Lot and the same has been i Records of Tarrant County, Texas as a part of the rec thereafter so recorded.
An existing this Declaration unless and il opies of this Declaration need not be recorded, and femed fully effective when there is recorded a copy xecuted and acknowledged signature pages of each t*and (ii) one or more executed and acknowledged signature gf individual Lot Owners with or without consents of the
ctive when there is recorded a copy xecuted and acknowledged signature pages of each t*and (ii) one or more executed and acknowledged signature gf individual Lot Owners with or without consents of the IN WITNESS WHEREOF, the Declarant herein, and the undersigned 1995.
20 12015 (1626 DECLARANT: VENTURE GAN GEORGETOWN COMMONS J g LOT OWNERS: VISTA HOMES VISTA HOMES BY: HOMES, INC., THE STATE OF TEXAS COUNTY OF TARRANT The foregoing 4 as acknowledged before me on the IES day DOUG or Managing Partner of NOTA C, STATE OF TEXAS PRINTED NAME OF NOTARY 21 LNB. SHEL 0ST ANN co! OF TARRANT The foregoing instrument was acknowledged before me on the st day of April, 1995, by ROBERT BLACKSHEAR, President of BLACKSHEAR CUSTOM HOMES, INC., a Texas corporation, on behalf of said corporation, as Managing Partner of VISTA HOMES JOINT VENTURE DBA VISTA HOMES.
RALPH B. SHELTON It Notary Public, State of Texas mM ~ 21 t Nn EXHIBIT "A" Lots 1 through 30 and Lot 55, Block 1, and Lots 1 and 2, Blo GEORGETOWN COMMONS, SECTION ONE, an Addition to the Ci Arlington, Tarrant County, Texas, according to the Plat recep Cabinet A, Slide 1799, Plat Records, Tarrant County, Tex LOT A AS SHOWN ON SAID PLAT IS INTENTIONALLY OMITTED DECLARATION OF COVENANTS, CONDITIONS AND >) Is D195114139 AMERICAN TITLE CO 4500 BELLAIRE DR S #44 TANGLEWOOD VILLAGE FT WORTH, TX 76109 -W A RNIN G-THIS IS PART OF THE OFFICIAL RECO DO DESTROY INDEXED--TARRANT NT EXAS SUZANNE HENDE -- COUNTY CLERK OFFICIAL PT T O: AMERIC. TIT RECEIPT NO REGIST PRINTED DATE TIME 195227212 07/06/95 16:07 D INST: INDEXED TIME 1 D1 950706 16:07 CG To 10 NTS: 01 FEES: 59.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
ERIC. TIT RECEIPT NO REGIST PRINTED DATE TIME 195227212 07/06/95 16:07 D INST: INDEXED TIME 1 D1 950706 16:07 CG To 10 NTS: 01 FEES: 59.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
— 1° emcees a 12019 1629