AND RESTRICTIONS OF GEORGETOWN COMMONS|/ADDI TARRANT COUNTY, T S AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GEORGETOWN COMMONS ADDITION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRE, COUNTY OF TARRANT § d), is ant-the provisions of afd Restrictions of Georgetown Commons Addition filed of record i 2019, Page 1603 Condominium Records, Tarrant County, Texas (t i tion”).
THIS AMENDED AND RESTATED DECLARATION made by the Association and Owners (as hereinafter defi INT VENTURE (hereinafter OINT VENTURE d/b/a VISTA were the owner of certain property 4 ity of Tarrant, State of Texas, known as JON, SECTION ONE, and which is more on the attached Exhibit “A” incorporated herein ing developed lots and Common Area); and referred to as “Declarant”) and VIS HOMES (hereinafter referred to as Avrsge (the “Property”) in the City ¢ GEORGETOWN COMM& particularly described b WHEREAS, Décharant réserved to itself and its successors and assigns the right to - 2 - 7 7 | SS Déclarant did add additional property by way of the DECLARATIOIN OF COVENANTS, CONDITIONS AND filed January 8, 1998 in the Tarrant County Real Property Records as [EREAS, such Declarant and Vista Homes desired to restrict said property, as hereinafter defined, for the common good; and WHEREAS, notwithstanding anything to the contrary contained herein, Lot A was excluded from all provisions of the Original Declaration; and AMENDED AND RESTATED DECLARATIONS - Page 2 of 26 WHEREAS, the, Declarant and Vista Homes declared in the Original Declaration that the Property shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions included in the Original Declaration, all of which were for the
Original Declaration that the Property shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions included in the Original Declaration, all of which were for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and that said easements, covenants, restrictions and conditions shall run with the Property and be binding on all parties having or acquiring any right, title or interest therein or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner there; and WHEREAS, Declarant and Vista Homes declared that any prior documents pertaining to the matters contained in the Original Declaratj WHEREAS, the Original Declaration contained provisions” for Original Declaration, said provisions being contained in Article 9.3 tiGeedf 4 to the notice attached hereto as Exhibit ‘B’ (he containing the amendments to be considered at the on or about May 11, 2006 and was Riplis 2006; and WHEREAS, attending the owners of 50 lots contained j for purposes of considerit Owners, in person or by proxy, were the condominium regime which constituted a quorum the Original Declarations; and WHEREAS, Qn Wwas\made, duly seconded and adopted by more than sixty seven percent (67% nose present, eligible to vote and voting, either in person or by attached hereto as Exhibit “C” is a true and correct copy of the tally ett the meeting of the Owners reflecting the votes cast for, against or voting, as to the proposed amendments.
the“preVisions of Article 9.3 of the Original Declaration have adopted the proposed amendments, hereby have compiled and hereby adopt and file this AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS effective May 31, 2006.
ARTICLE I DEFINITIONS
n have adopted the proposed amendments, hereby have compiled and hereby adopt and file this AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS effective May 31, 2006.
ARTICLE I DEFINITIONS AMENDED AND RESTATED DECLARATIONS - Page 3 of 26 1.1 “Articles? means the Articles of Incorporation of GEORGETOWN COMMONS HOMEOWNERS ASSOCIATION, INC.
1.2 “Association” means GEORGETOWN COMMONS HOMEOWNERS ASSOCIATION, INC., its successors and assigns.
1.3 “Board” or “Board of Directors” means the Board of Directors, of GEORGETOWN COMMONS HOMEOWNERS ASSOCIATION, INC.
14 “Bylaws” means the Bylaws of GEORGETOWN HOMEOWNERS ASSOCIATION, INC.
1.5 “Common Area” means that portion of the Property ow clubhouse, streets, fencing, entrance gate, street lights, fan areas” The Common Area is more specifically shown on the plat recorded inet JA, Slide 1799, Plat Records, Tarrant County, Texas, incorporated hergin, as Le (a) — The Association shall also be responsible feof map between the curb and private ao ip Oty Sides of Southpoint Drive, which is a City of Arlington public stréet,\ ost southerly edge of the private euft, and extending southward to the tomac Parkway. The Association shall streets described as Shelton also that portion of Lots 8 and 9, Block 1, as shown on mons, Section One, an Addition to the City of Texas.
16 6“ ce xpenses” means and includes: all sums lawfully assessed against the Common Area by the ing\AXgent (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.
AMENDED AND RESTATED DECLARATIONS - Page 4 of 26 1.7 “Construction and Sale Period” means that period of time during which
expenses declared to be Common Expenses by this Declaration or by the Bylaws.
AMENDED AND RESTATED DECLARATIONS - Page 4 of 26 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 period shall extend from the date hereof until such time as the Declarant transfers title to all of the Lots and Dwelling Units, including all Lots annexed pursuant to the provisions of Paragraph 9.7.
1.8 “Declaration” means this Declaration of Covenants, Conditions and Restrictions.
19 “Declarant” means GEORGETOWN COMMONS JOINT VENTO successors and assigns, including any person or entity who or which acqutre substantially all of the Lots for the purpose of selling them to the genes conveyance from the Declarant, its successors or assigns, or by foreclos thereof.
~A 1.10 “Dwelling Unit” means a residential proper one family which shall be owned in fee simple.
1.11 “Effective Date” shall have the meaning se 1.13 “Lot” means a tract of la excluding the Common Area, upo presently existing, and any property as may hereafter bévng and within any additions to the existing uantto Paragraph 9.7.
1.14 person or entity who holds membership in the Association.
1.15 the recorded Owner, including Declarant, its successors 1) or more persons or entities, of a fee simple title to any Lot, , but excluding those having such interest merely as security for an obligation. However, the term “Owner” shall include any bit“ 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 Il
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 Il PROPERTY RIGHTS AMENDED AND RESTATED DECLARATIONS - Page 5 of 26 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 Member’s voting rights and right to the use of recreational or other facilities owned or operated bythe Association for any period during which any assessment against his Lot re unpaid; and for a period not to exceed 30 days for any infracti Association’s published rules and regulations; (b.) the right of the Association to dedicate or transfer 2 the Common Area to any public agency of authority subject 46 suck iti may be agreed to by the Members. No such dedication (any is\effective votes in the Association is properly recorded, in the County clerk of Tarrant County, Texas, and (ii) written,notice ‘x ged action under this provision is sent to every Owner not les 30 days; for more than 60 days in advance of that action; (c.) the right of theAssbag imit the number of guests of Members; (d.) on, in accordance with its Articles and Bylaws, to borrowAnOn¢ purpose of improving and/or replacing the Common Area and Gf es-and?’ subject to the consent of all Lienholders, to mortgage thaf property; wever, the rights under an improvement and/or replacement mortgagd ate subordinate and inferior to the rights of the Owners hereunder; 2
t to the consent of all Lienholders, to mortgage thaf property; wever, the rights under an improvement and/or replacement mortgagd ate subordinate and inferior to the rights of the Owners hereunder; 2 (4.) ejright of the Association to make rules and regulations relating to A nd other uses of private drives on the property and to make rules I e use of the pool, clubhouse and all other facilities within the on fea.
DELEGATION OF USE. Any Owner may delegate, in accordance with k Awé, his right of enjoyment to the Common Area and facilities to the members of his“faarily, his tenants or contract purchasers who reside on the property. The Owners hereby covenant that nay lease executed on a Lot shall comply with the terms of Paragraph 9.4.
23 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 AMENDED AND RESTATED DECLARATIONS - Page 6 of 26 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 easements shown upon the final revised plat of the Addition upon the filing of said plat or this document, whichever is later to occur (“Effective Date”). The Common Area shall remain undivided and shall at all times be owned by the Association or its successors, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Common Area.
2.4 | REPLATTING. The Declarant, its successors or assigns, reserves right to replat any of the platted property described in the platting of Gegfge
to the operation and management of the Common Area.
2.4 | REPLATTING. The Declarant, its successors or assigns, reserves right to replat any of the platted property described in the platting of Gegfge Commons, Section One, an Addition to the City of Arlington, Tarrant Coun é long as the replatting does not increase the number of platted lots within the Addition.
ARTICLE HI MEMBERSHIP AND VOTING 3.1 VOTING RIGHTS. The Association shall have 2) classes of voting membership: (a.) Class A. Class A Members Shalhbe all Owners, with the exception Members. The vote for such gxercised as they among themselves determine, but in no event sh one (1) vote be cast with respect to any Lot.
e total votes outstanding in the Class B membership, or (2) five (5) years from the filing dated 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 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.
AMENDED AND RESTATED DECLARATIONS - Page 7 of 26 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! be used to offset the Common Expenses. The fee may include an initial membership charge as well as monthly dues.
ARTICLE TV COVENANT FOR MAINTENANCE ASSESSMENTS for capital improvements; these assessments shall be fi
t the Common Expenses. The fee may include an initial membership charge as well as monthly dues.
ARTICLE TV COVENANT FOR MAINTENANCE ASSESSMENTS for capital improvements; these assessments shall be fi hereinafter provided and, together with interest as hereinafter provided, shall be a charge on the b€ secured by a continuing lien on the property against which each assessnientNs made. Each assessment, plus interest, costs and reasonable attorney’s fees AhallNq the personal obligation of the person who was the Owner of the fume the assessment fell due. The personal obligation for delinquent asses ot pass to an Owner’s successors in title unless expressly assumed by then saiSs SESSMENTS. The assessments levied by Ysiuel/ for the purpose of promoting the recreation, dents in the Property and in particular of the nainltenance of the Property. There shall be an annual fined and provided in Paragraph 4.7, or as may from time to time be =d by the Board of Directors and other maintenance activities or charges eqhired by this Declaration or that the Board of Directors determines necessary eet the primary purpose of the Association.
43 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 shal] pay Base Assessments (the “Base Assessments”) quarterly, initially in the amount of Two Hundred Twenty-Five AMENDED AND RESTATED DECLARATIONS - Page 8 of 26 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
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 | of the year immediately following the Effective Date, as defined in Section 2.3, the maximum quarterly assessments shall be as set in Paragraph 4.4.
ture needs of c. After consideration of current mainte A hual assessment at an the Association, the Board of Directors may amount not in excess of the minimum.
Effective Date, the maximum annual 4 may be set above one hundred ten percent (110%) only by thé writ al of the Owners entitled to cast sixty-seven percent (67%) of th = Members of each class present in person or by proxy at a meetipg-oa mr 4.6, son or unexpected repair or replacement of a described » the “Common Area”, including the necessary fixtures and dre the responsibility of the Association; provided that any such e votes of each class of the Association in person or by proxy at a hant to a canvas as allowed by Paragraph 4.6.
NOTICE AND QUOROM FOR ANY ACTION AUTHORIZED UNDER APHS 4.4 AND 4.5. Written notice of any meeting called for the purpose of olkine any action authorized under paragraphs 4.4 and 4.5 shall be sent to all Members not less than 30 days nor more than 50 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 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
tled 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 AMENDED AND RESTATED DECLARATIONS - Page 9 of 26 Jieu 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. The quorum requirements for stockholders’ meetings to consider other matters shall be set forth in the Articles and Bylaws of the Association.
47 RESERVE FUNDS. The Association shall establish an adequate reserve fund (the “Reserve Fund”) for replacement of all buildings and other items for which the Association has maintenance responsibility. The Association shall fund the Resegve Fund by allocating to it a portion of the Base Assessments collected. The Boa Directors shall determine the portion that will be allocated to the Reserve Fupt afiy annual assessments described in Paragraph 4.3, notwithstanding anyp ed therein to the contrary (including Paragraph 4.3).
However, Declarant sh the Association and thes Phe annual assessment for the first partial assessment year (through av been fixed by Paragraph 4.3 above. Except for the first assessment year, ion shall fix the amount of the annual assessment at least 30 days in advance asgessment year, which shall be the calendar year, provided, however, that the acia#On 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
t 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 therto. 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 the amount of any delinquency. A reasonable charge AMENDED AND RESTATED DECLARATIONS - Page 10 of 26 may be made by the Association for the issuance of these certificates. The certificates are conclusive evidence of payment of an assessment therein stated to have been paid.
4.10 EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION.
a. All payments of the assessments shall be made to the Association af, its principal place of business in Tarrant County, Texas, or at such other place Association may otherwise direct or permit. Payment shall be made regardless of whether any Owner has any dispute with the De Association, any other Owner, or any other person or entity regardj b. An assessment provided for in this De due is delinquent. If an assessment is not paid hith-is not paid when bys after the date of paid, at the rate of ten percent (10%) option, bring an action at law against the same; or, on compliance with the notice There shall be added to the fl preparing and filing the comp obtained, the judgment shall_in um. “Fhe“Association may, at its r personally obligated to pay the terést as above provided (to the extent ?’s fee and costs of action. Each Owner sich Owner or the collection of such delinquent sumstances, however, shall the Declarant or the
lly obligated to pay the terést as above provided (to the extent ?’s fee and costs of action. Each Owner sich Owner or the collection of such delinquent sumstances, however, shall the Declarant or the er or to any other person or entity for failure or atrempt to enforce any assessments. In addition, to the c. No action shall be brought to foreclose said assessment lien or to pfoceed 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 copy thereof is recorded by the Association in the Office of the County Clerk of Tarrant County; said notice of claim must cite a good and sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the amount claimed (which may, at the Association’s option, include interest on the unpaid assessment at the rate of AMENDED AND RESTATED DECLARATIONS - Page 11 of 26 ten percent [10%] per annum, plus reasonable attorney’s fees and expenses of collection in connection with the debt secured by said lien), and the name and address of the claimant.
d. Any sale provided for above is to be conducted in accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002, in connection with the assessment lien. The Association, through duly authorized agents, has the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the samé notice, upon payment by the defaulting Owner of a fee, to pe deéte 6 Association but not to exceed Twenty-Five and No/100 De ax 00 f. On the written request of a First provide the First Mortgagee written i
e, upon payment by the defaulting Owner of a fee, to pe deéte 6 Association but not to exceed Twenty-Five and No/100 De ax 00 f. On the written request of a First provide the First Mortgagee written i Mortgagor in the aie of such 6 se of the same, provided for in this Declaration. Any reque this paragraph will require the prepayment of a $25.00 fee tg 6n for all other rights and remedies which the assigns may have hereunder and by law, including ent for unpaid assessments, as above provided.
antto a decree of foreclosure under such mortgage or any proceeding in ure thereof, shall extinguish the lien of such assessments as to payments fom a reallocation amount all Lot Owners.. No sale or transfer shall relieve suth.Let from liability for any assessment thereafter becoming due, according to the terms herein provided.
412 MANAGEMENT AGREEMENTS. Each Owner of a Lot hereby agrees to be bound by the terms and conditions of all management agreements entered into by the Association. The individual or firm engaged by any current management agreement shall be referred to herein as the “Managing Agent”. A copy of all management AMENDED AND RESTATED DECLARATIONS - Page 12 of 26 agreements shall be available to each Owner to review. Any and all management agreements entered into by the Association shall provide that such agreement may be canceled with or without cause and without penalty.
4.12 MANAGEMENT AGREEMENTS. Each Owner of a Lot hereby agrees to be bound by the terms and conditions of all management agreements entered into by the Association. The individual or firm engaged by any current management agreement c shall be referred to herein as the “Managing Agent.” A copy of all manage agreements entered into by the Association shall provide that such agreemen
firm engaged by any current management agreement c shall be referred to herein as the “Managing Agent.” A copy of all manage agreements entered into by the Association shall provide that such agreemen canceled with or without cause and without penalty by either party with 30 day notice. Termination must be authorized by a majority vote of Mg Association. In no event shall such management agreement be carte execution by the Association or its Board of Directors of a new mara unless a new management agreement will become operative iy cancellation of the preceding management agreement. } Association through its Board of Directors to effect a ne to the expiration of any prior management contract. Any’ ext skills amd experience managing a project of this type. The Members of the Associatidx may terminate the professional .¢ gerhent by the Association upon written agreement executed by MembeSent tl % Sixty-seven percent (67%) of the votes of the Association.
ough the Board of Directors, or its duly he following types of insurance policies covering ering all damage or injury caused by the negligence of > property hazard insurance in an amount equal to the full acemeft value of the common facilities owned by the Association ding all building service equipment and the like) affording rotéction against loss or damage by fire and other hazards covered by the andard 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
ect 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 Dollars [$1,000,000.00] covering all claims for personal injury and/or property damage arising out of a single occurrence), such coverage to include protection against water damage liability, liability for AMENDED AND RESTATED DECLARATIONS - Page 13 of 26 non-owned and hired automobiles, liability for property of others and any other coverage the Association deems prudent and which is customarily carried with respect to projects similar in construction, location and use: (3) a policy of fidelity coverage to protect against dishonest acts on the part of officers, Directors, trustees and employees of the Association and all others who handle or who are responsible for handling funds of the Association, Such fidelity bonds shall be of a kind and in an amount not less than three (3) months assessments plus reserves; (4) in the discretion of the Board, a policy of Digee Officers liability insurance in an amount determined by thg sufficient protection for the Board Members; and as may be requested from time to time by, Association or other appropriate federal ¢ Dk etion by fire or other casualty to any wrifsehia the name of the Association, the Board ed portions of the Property to their former ¢ proceeds shall be deposited in a bank or other of bond for the repair, reconstruction or rebuilding of any building or yilities which are part of the Common Area of such destroyed building or ings. In order to handle small jobs expeditiously and efficiently, the Board depart from the above procedure in the handling of repairs or restoration
of the Common Area of such destroyed building or ings. In order to handle small jobs expeditiously and efficiently, the Board depart from the above procedure in the handling of repairs or restoration ere 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 the condition of formerly existing, the Board of Directors shall AMENDED AND RESTATED DECLARATIONS - Page 14 of 26 levy a special assessment against all Owners, as herein provided, to make up any deficiency.
c. Any decision not to maintain fire and extended coverage on insurable Common Area on a current replacement cost basis of one hundred percent (100%) of the insurable value shall require the approval of fifty one percent (51%) of the holders of First Mortgages (based upon one vote per Lot).
ARTICLE V ARCHITECTURAL CONTROL external design, location in relation to surrounding compliance with this Declaration and its stated objective pard of Directors of the Association, or by an Architectural Committee cotypdserf of three (3} or more representatives appointed by the Board. In event sald™ board or it designated committee fails to approve or disapprove eagh desidn and location within thirty (30) days required; and this Article will be deegitd td be given, shall be irrevocable.
° Asaph 6.3. Each Dwelling Unit shall have an adequate h Owner 1 is responsible for installation and operation of Ment to which such Lot is subject. Notwithstanding anything contained herein, iability for maintenance and repair is limited to that liability Owner would have under Texas law.
lation and operation of Ment to which such Lot is subject. Notwithstanding anything contained herein, iability for maintenance and repair is limited to that liability Owner would have under Texas law.
a. without affecting the interpretation of any other provision of these Declarations, for purposes of Article 6.1, the terms “Lot” and “Dwelling Unit” shall include but not be limited to all grass, bushes, trees, flowers and other landscaping not in the exterior, unenclosed yard; fences and AMENDED AND RESTATED DECLARATIONS - Page 15 of 26 gates (both perimeter fences as well as interior fences); and outbuildings.
The term “Outbuilding” shall include any and all structures whether used for occupancy or storage which are not a part of the dwelling unit structure.
b. without affecting the interpretation of any other provision of these Declarations, for purposes of Article 6.1, the term “Maintenance” shall include but not be limited to mowing yards to eliminate excess groyth, trimming bushes to presume a good appearance and avoid overgr& replacement of any dead trees, bushes, grass or other landscaping ha of new trees a distance from the curb which is consistent vith trees or with other new trees to be planted, planting trees o 6.2 Association, after approval by majority vote right, through its agents and enue ex pé Lot and to repair, maintain and Sfior maintenance shall be added to afid maintenance of the improvements located on the eluding designated private streets, landscaping, mowing gintenance of the median strips on all private and public in the Property, swimming pool, clubhouse, equipment, walls, dtes, city owned property along Southpoint Drive, and the yment of all fees arising from legal, accounting or management services rendered on behalf of the Association;
l, clubhouse, equipment, walls, dtes, city owned property along Southpoint Drive, and the yment of all fees arising from legal, accounting or management services rendered on behalf of the Association; maintenance of the exterior unenclosed yard, including grass mowing, shrub and tree trimming and maintenance of unenclosed sprinkler systems, but excluding watering the yards and plantings and excluding repairs to sprinkler system controls located inside any Dwelling Unit. Each Lot Owner shall provide his initial approved sprinkler system for the Common Area. Lots need not be sodded, landscaped or sprinklered until Dwelling Units are built thereon.
AMENDED AND RESTATED DECLARATIONS - Page 16 of 26 ARTICLE Vit USE RESTRICTIONS 7.1 RESIDENTIAL USES AND LIMITATIONS. Except for the Co Area, the Property is hereby restricted to residential dwellings for residential yrse and, after the Effective Date, outbuildings for storage or other residential use approved by the Board of Architectural Committee. The Common Area shg for any commercial purposes; however, this provision shall not preclude from charging reasonable fees for the use of the recreational or stopage locations onto said Property, and no subsequent bui Dwelling Units, and auxiliary aucanee thereto as above .
a. with respect to outbui outbuildings shall be o by an individual driving-of size such that they cannot be seen ef abutting the Lot. Outbuildings shall aaferial which is the same as the roofing it and shall be painted the same color as the ed. The exterior covering of an outbuilding al which does not rapidly deteriorate such as al’ Outbuildings shall not be located so that rain * roof of the outbuilding falls on adjacent property and legally described freehold estate subject to the terms, conditions and ereof,
iorate such as al’ Outbuildings shall not be located so that rain * roof of the outbuilding falls on adjacent property and legally described freehold estate subject to the terms, conditions and ereof, 7.3. DECLARANT EXCEPTION. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant and/or its appointee, to maintain, during the Construction and Sale Period, upon such portion of the premises as Declarant and/or its appointee deem necessary, such facilities as in the sole opinion of the Declarant and/or its appointee, may be reasonably required, convenient or incidental to the construction and sale of the Lots and Dwelling Units. This shall include, AMENDED AND RESTATED DECLARATIONS - Page 17 of 26 but shall not be limited to, a business office, storage area, construction yards, model Dwelling Units and a sales office.
74 DOMESTIC ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said Lots except that a reasonable number, consistent with a residence, of dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Owners shall abide by the leash laws of the City of Arlington.
7.5 SIGNS. No Advertising signs, billboards, political signs of 3 unsightly objects or nuisances shall be erected, placed or permitted to remain Property except as approved by the Board, nor shall said Property be used tna for any purpose which may endanger the health or unreasonably disturb tife Dwelling Unit or any resident thereof. Declarant, however, shall the right to enter in and upon any Lot for the purpof maintained thereon which has not been approved. No incorporated under the laws of the furtherance of its powers and purpo
eclarant, however, shall the right to enter in and upon any Lot for the purpof maintained thereon which has not been approved. No incorporated under the laws of the furtherance of its powers and purpo covenants apply to “For Sale” sig ereon or as approved by the Association’s Board of Directors or their ssentative. Except for the right of ingress and egress, the Owners of the é iation’s Board of Directors. It is expressly acknowledged and agreed by all parties concerned that this Paragraph is for the mutual benefit and protection of all Owners of Lots in the GEORGETOWN COMMONS ADDITION.
78 ANTENNAS. Without prior written approval of the Board of Directors, no exterior television or radio antennas, or satellite dishes of any sort shall be placed, AMENDED AND RESTATED DECLARATIONS - Page 18 of 26 allowed or maintained upon any portion of the improvements upon the Property, nor upon any structure situated upon the Property.
space on the Property shall, without express permission of the Association, be used for storage of boats, trailers, campers, unused or inoperable automobiles or any other items which the Association deems unsightly or inappropriate. Additional parking regulations are as follows: Overnight”.
Georgetown Commons. “Temporarily” shall at restricted to those c. The Georgetown Commons poolside park residents using the cabana/pool facilitjes. Pari using the cabana/pool facilities is nof\yeMpitted. or “Overnight parking in this area must be approved by the Presideht of GTC HOA or another board d. Those who, in the sole discpéh We/Boasd of Directors, continually violate the parking or storage restrictions mhay-hAve their vehicles, including but not
y the Presideht of GTC HOA or another board d. Those who, in the sole discpéh We/Boasd of Directors, continually violate the parking or storage restrictions mhay-hAve their vehicles, including but not limited to the property described in subparagraph 7.9b towed at the owner’s 7.10 ANNOYA , y may be carried on upon any Lot that might reasonably be considefed as Biyi noyance to neighbors of ordinary sensibilities and which might be calchlated te fedute the desirability of the Property as a residential neighborhood, even thots dctivity is in the nature of a hobby and not carried on for profit. The Bogrd-ef Diréctérs of the Association shall have the sole and exclusive discretion to dete at constitutes an annoyance.
ARTICLE VIII EASEMENTS ENCROACHMENTS. Each Lot and the Property included within the ‘Area is subject fo an easement for minor encroachments created by uction, setting, overhangs, brick ledges, balconies, fences or other protrusions designed or constructed by Declarant and for the maintenance (if any) of same, so long as it exists.
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 AMENDED AND RESTATED DECLARATIONS - Page 19 of 26 agencies for installing, 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 necessary equipment on said Property and to affix and maintain electric and/or telephone wires, circuits and conduits and cable
ny and cable company to erect and maintain the necessary poles and other necessary equipment on said Property and to affix and maintain electric and/or telephone wires, circuits and conduits and cable on, above, across and under the roofs and exterior walls of said Dwelling Units. An easement is, in addition, specifically granted to the United States Post Office, its agents and employee, to enter upon the streets and Lots in the performance of mail delivery, or any other United States Post Office services. An easement is further granted to all polite fire protection, ambulance and all similar persons to enter upon the streets and Lg performance of their duties. Further, an easement is hereby granted to the its officers, agents, employees OF any management company duly self duties of maintenance and repair provided herein. Notwithstandj contrary contained in this Paragraph, no sewers, electrical Buea utilities may be installed or relocated on said Property, ¢ and approved by the Declarant or thereafter approved by Board of Directors. If a utility furnishing a service herein provided requests a specific easement by shall have the right during the Construction a é Association’s he general easement les Pefted-to grant such easement nts provided of or in this Article VII shall in no way affect any other recorded <asen said Premises.
8.3 UNDERGROUND EL VICE. Underground single phase electric service may be available to allLD Nite-Vnits on the aforesaid Lots and to the facilities to be constructed on the ba, and the metering equipment shall be located on the exterior surfg bints to be designated by the utility company.
For so long as such undefgxe servieé is maintained the electric service to each
the ba, and the metering equipment shall be located on the exterior surfg bints to be designated by the utility company.
For so long as such undefgxe servieé is maintained the electric service to each Dwelling Unit and Coftmpon Aréa facility shall be uniform and exclusively of the type known as single phaSg a6 t, 3 wire, alternating current. Easements for the underground service thay be ed by driveways, walkways and patio areas, provided x axcaagements with the utility company furnishing such service.
Such eaverrental underground service shall be kept clear of all buildings and neither the Deolaka the utility company using the easement shall be liable for any 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 AMENDED AND RESTATED DECLARATIONS - Page 20 of 26 covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
9.2 SEVERABILITY. Invalidation of any one (1) of these covenants or restrictions by judgment or court order shall in no wise effect any other provisions which shall remain in full force and effect.
9.3 > AMENDMENT.
a. The covenants and restrictions of this Declaration shall pom and bind the land, and shall inure to the benefit of and be enforcegble Association, the Declarant, its successors or assigns, so long as it gyvp butstanding in the e Deed Records of not less than sixty-seven percent (67%) of Association. Any amendment must be properly ré Tarrant County, Texas.
b. Neither the Associatio:
gns, so long as it gyvp butstanding in the e Deed Records of not less than sixty-seven percent (67%) of Association. Any amendment must be properly ré Tarrant County, Texas.
b. Neither the Associatio: abandon or terminate the legal sta Declaration (for reasons other thay Property) unless at least sixty-sexe es the right during the Construction and Sale sent of any Owner of Mortgagee, to amend this y‘4n instrument in writing duly signed, acknowledged purpose of resolving or clarifying any ambiguities or ecting any inadvertent misstatements, errors or omissions bly with the requirements of Federal Home Loan Mortgage fal National Mortgage Association, Veteran’s Administration, Susing Administration, provided that no such amendment shall ésted property rights of any Owner, subject to Paragraph 2.1 (b).
aration, 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 Jeased for an initial term of less than six (6) months.
95 GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes AMENDED AND RESTATED DECLARATIONS - Page 21 of 26 required to make the provisions hereof apply either to corporations or individuals, men or women, in all cases shal] be assumed as though fully expressed in each case.
96 CONDEMNATION. If all or any part of the property 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 serve as the exclusive representative of the owners, as their attorney-in-fact hereby appointed, in any
by power in the nature of eminent domain (whether permanent or temporary), the association shall serve as the exclusive representative of the owners, as their attorney-in-fact hereby appointed, in any proceedings, negotiations, settlements or agreements incident thereto. The Association shall give timely written notice of the existence of such proceedings to ali Owners krio to the Association to have an interest in any Lot or Dwelling Unit. The expen , onvey such property to the condemning authority in lieu of such condemn? proceeding. With respect to any not for each Owner’s interest therein. “Aft determined, such damages or awards sla as is reasonable and equitable, taki circumstances. The Associatign, if{ és or awards for such taking are e account of each Owner, if any, ccount all the relevant facts and sable, may call a meeting of the Owners, at which meeting the Owne OF Q ity yote shall decide whether to replace or restore as far as possible, the Comfpe ea.sbould be replaced or restored by obtaining other land or building addi 63, this Declaration and the property description(s) attached hereto shall he @ sented by instrument executed by the Association on behalf of the Owners.
9.7 TONS.
otwithstanding anything contained in any other provision herein, t sHall have the right, without the consent of any other Owner or any , to bring within the scheme of the Declaration, in one (1) or more e stages or additions of the Development within five years of the date of rding of this instrument or such extended period as may be acceptable to the deral National Mortgage Association under its guidelines for approval of loans on Dwelling Units in the Georgetown Commons Addition. Nothing in this Declaration shall be construed to represent the Declarant, its successors or
ssociation under its guidelines for approval of loans on Dwelling Units in the Georgetown Commons Addition. Nothing in 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.
AMENDED AND RESTATED DECLARATIONS - Page 22 of 26 b. Voting rights with respect to each annexed Lot are effective on the date of annexation, and will be calculated as provided under Article III hereof.
c. The additions authorized under this Paragraph 9.7 shall be made by filing of record Supplementary Declaration(s) of Covenants, Conditions and Restrictions with respect to the additional Property which shall extend the scheme of the covenants and restrictions of this Declaration to such Property. The Supplementary Declaration(s) shall contain a legal description of the pro being annexed in which the boundaries of each Lot and the Common Are clearly set forth.
completed.
9.8 EXECUTION BY COUNTERPARTS. T by the parties in several counterparts and all such countdrpé be deemed to constitute one final agreement when all pa ri shall together ened and delivered a An existing First Lienholder at the dagé not be deemed bound by this De i sd,and until it has executed and Multiple copies o Dedlara need not be recorded, and it shall be deemed fully effective when fthége isresorted a copy with (i) executed and acknowledged signature pages of ty al Nlof Owners with or without consents of the First Lienholder.
IN WI WHEREOF, the Association, acting through its duly authorized GEORGETOWN COMMONS HOMEOWNERS ASSOCIATION, INC.
Myron Watker\President AMENDED AND RESTATED DECLARATIONS - Page 23 of 26 THE STATE OF TEXAS § §
GEORGETOWN COMMONS HOMEOWNERS ASSOCIATION, INC.
Myron Watker\President AMENDED AND RESTATED DECLARATIONS - Page 23 of 26 THE STATE OF TEXAS § § COUNTY OF TARRANT $ The foregoing instrument was acknowledged before me on the _) f August, 2006 by Myron Walker, President, Georgetown Commons Association, Inc. ose LIN ZABOJNIK Notary Public S STATE OF TEXAS | AMENDED AND RESTATED DECLARATIONS - Page 24 of 26 EXHIBIT “A” COMMONS, SECTION ONE, and Addition to the City of Arlington, Tarrag Conte i County, Texas.
LOT A AS SHOWN ON SAID PLAT IS INTENTIONA DECLARATION OF COVENANTS, CONDITIONS AN AFTER RECORDING RETURN TO: Newman & Summers, P.C.
P.O. Box 470772 AMENDED AND RESTATED DECLARATIONS - Page 25 of 26 Fort Worth, TX 76147-0772 & & AMENDED AND RESTATED DECLARATIONS - Page 26 of 26 GEORGETOWN COMMONS 6506 SHELTON HOME CT ARLINGTON TX 76017 Submitter: GEORGETOWN COMMONS | | SUZANNE HENDERSON | TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 Filed For Reglstration: 09/06/2006 KJ \S Instrument #: A 0 N WHICH RESTRICTS THE SALE, RENTAL OR USE OF CRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.