GF# 88--3497-D/LSK STATE OF TEXAS )( )( KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT )( THAT WHEREAS, the undersigned, of Tarrant County, Texas, are the owners of all that certain real property located in Tarrant Cp Texas, described as follows: THE HIGHLANDS, an addition to the City of Hal toa Tarrent County, Texas, and having been plg .
lots and blocks, said plat having been re 388-214 page 73 of the Plat Records of TA Texas; and WHEREAS, TAFCO, Inc., the develope the a described property, encumbered certain portions roperties (as hereinafter defined) with varies cq Onditions, and restrictions as set forth in tha Declaration of Covenants, Conditions and Restrictions, 16, 1988 and recorded on May _/8 , 1988, in Volume of the Real Property Records of Tarrant County, Te Arst Declaration"); and WHEREAS, the including TAFCO, Inc., desire to rescind and terminate t Qeclartion for all purposes and to declare the erties are and shall be held , transferred, sold, Ed subject to the covenants, conditions, sements, liens, and charges as hereinafter set forth; REFORE, it is hereby declared that (1) the First On is hereby recinded, terminated and declared null and void no further force and effect, and (2) all of the property described above shall be held, sold, and conveyed subject to the following easements, restrictions, convenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and shall be binding on all parties having any right, title, or interest in or to the above described property or any part therof, and their heirs, successors, and assigns, and which easements, restrictions, covenants, and conditions shall inure to the benefit of each owner thereof.
093u4% 0093 ARTICLE ONE DEFINITIONS
art therof, and their heirs, successors, and assigns, and which easements, restrictions, covenants, and conditions shall inure to the benefit of each owner thereof.
093u4% 0093 ARTICLE ONE DEFINITIONS Owner 1.01. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot or portion of a lot on which there is or will be built a detached single family dwelling or on which there will be placed a mobile or manufactured home, including contract sellers, but excluding tho having such interest merely as security for the performance o obligation.
Properties 1.02. "Properties" shall mean and refer to property hereinbefore described, and such addi hereafter be brought within the jurisdic Association.
Lo 1.03. "Lot" shall mean and aes r portion of any of plots of land shown upon the p ivision map recorded in Rétords of Tarrant County Texas, on which there is to jbea ea pe The term "Lot" shall not on Declarant r "Developer" shall mean and refer to ccessors and assigns, if such successors or assigns more than one undeveloped Lot from Declarant for the development.
Homeowners Association The Homeowners Association shall be appointed by Declarant, and shall serve until title has been transferred by Declarant on ninety per cent (902) of the available lots comprising the properties.
At such time as title on the required number of lots have been transferred to new ownership, an election may be held among all cwners at that time to elect new members of the Homeowners Association, and define the number of members, terms of service, duties and other aspects of the Homeowners Association, ARTICLE TWO ARCHITECTURAL CONTROL 2.01. No building, fence, wall, or any other structure shall be
efine the number of members, terms of service, duties and other aspects of the Homeowners Association, ARTICLE TWO ARCHITECTURAL CONTROL 2.01. No building, fence, wall, or any other structure shall be commenced, erected, placed, or maintained upon the Properties, nor shall any exterior addition to, or change or alteration therein, be made, nor shall any landscaping of any Lot or Lots be undertaken, until the plans and specifications showing the nature, kind, height, materials, and location of the same shall have been to, and approved in writing by, the Homeowners Associatio harmony of external design and location in relation tg Structures and topography.
Failure of Committee t¢ ct 2.02. In the event that any plans and sp i ns are submitted to the Homeowners Association as prov herein, and the Homeowners Association shall fail either to app x eject such plans and specifications for a period OM pni days following such submission, approval by the Home Bsociation shall be deemed to have been had.
2 E THREE RIOR MAINTENANCE Owner of any Lot shall fail to maintain the premises and e..7 ments situated thereon in a neat and orderly Manner, the Ohh or the Homeowners Associaton shall have the S agents and employees, to enter upon said Lot and to int@in, and restore the Lot and exterior of the buildings other improvements erected thereon, all at the expense of ARTICLE FOUR USE RESTRICTION Type of Buildings Permitted 4.01. All Lots shall be used for residential purposes only, and no building, with the exception of the sales office,shall be erected, altered, placed, or permitted to remain on any Lot other than one single family dwelling not to exceed two stories in height and one covered parking area for not more that two (2) automobiles. The
ed, altered, placed, or permitted to remain on any Lot other than one single family dwelling not to exceed two stories in height and one covered parking area for not more that two (2) automobiles. The covered parking area may include an outdoor storage building. Only O093us 0099 mobile/manufactured homes will be erected, constructed, or set said Properties. All homes must meet FHA requirements as to construction and must be underpinned and skirted when set up on the lot. Prior to being moved into the properties, any mobile/manufactured home more than three (3) years old must meet standards of appearance and condition as set by the Homeowners Association. No lot is to be re-subdivided without prior approva the Homeowners Association.
Single Family Only 4.02. Any residence constructed, or any mobile/manu placed on any site in the subdivision will be used af residence only.
It is not intended to allow parents with fmarrie children, or more than one family, to occupy the same home.
aged on said Lots must have a ground floor area of not less quare feet, exciusive of open driveways, carports, and or screened porches, Arr s ~ t storage areas.
Exterior Walls 4.04. y residence or mobile/manfactured home not have exterior walls of 1] roofs shall be constructed of fireproof materials, roof must be approved by the Homeowners Association.
Completion of Construction Once construction shall have been initiated on any structure, including walls, fences, residences, storage buildings or other structure, construction of that particular structure, wall fence, residence, storage building, or other structure shall be completed within 120 days of the time such construction was initiated.
Approved fencing materials are chain link, stockade, picket, and split
, residence, storage building, or other structure shall be completed within 120 days of the time such construction was initiated.
Approved fencing materials are chain link, stockade, picket, and split rail. Any other type of fence materials must be approved by the Homeowners Association. A fence may be erected entirely within lot boundaries, except where a joint cooperative endeavor exists between adjacent property owners in which case the fence may be erected on the 09304 0096 property Tine.
Any mobile/manufactured home placed on any lot in the subdivision must have the wheels, and axels removed and be skirted within thirty days from “move on". All skirting material must be approved by the Homeowners Association.
Number of Structures Allowed 4.06. No more than one (1) mobile/ manufactured home will be permitted on any Lot. No Lot shall be maintained in such a manner to be a nuisance to any other owners in the subdivision. Fail keep the Lot clean or the grass below 4 inches tall shall be considered a nuisance. Residents shall maintain their Lg neat, and orderly condition, including properly lawns, and trimming of trees thereon.
Developer's Liability for Main 4.07. All Owners understand and agre at the Developer has no future liability for street manitenance inntenance, or maintenance of common areas and erg agree that such Maintenance will be the sole respon of the city of Haltom City CX. Areas or the Homeowners' Associatio n t the Homeowners’ Association will own 4.08. It is ung all common areas, i he recreation area. It is also understood that ance upkeep and operation of these areas will be the res ity of the Homeowners' Association, of which e a member (subject to section 1.05 hereof) and each Oo pay dues and/or assessments as voted by the
nce upkeep and operation of these areas will be the res ity of the Homeowners' Association, of which e a member (subject to section 1.05 hereof) and each Oo pay dues and/or assessments as voted by the Association Board of Directors. Each Owner agrees and that failure to pay dues and/or assessments when due can result in a lien being placed against the Owner's property and legal action as necessary to collect such dues/assessments.
The dues, charges or assesments, as hereinabove provided for, shall constitute and be secured by the seperate, valid and subsisting lien, hereinafter created and fixed, and which shall exist upon and against each Lot and all improvements thereon, for the benefit of the Homeowners Association and all owners. The lien created shall be subordinate and inferior to (a) all liens for taxes or special assessments levied by the City, County, and State Governments, or any 093u4 0097 political subdivision or special district thereof, and (bd) all liens securing amounts due or to become due under any term Contract of sale dated, or any mortgage, vendor's lien, or deed of trust filed for record, prior to the date payment of any such charge or assessments become due and payable, and (c}) all liens, including, but not limited to, vendor's liens, deeds of trust, and other security instruments which secure any loan made by any lender to an Owner for any part of the purchase price of any Lot or for any part of the cost of constructing, repairing, adding to, or remodeling the residenc d appurtenances situated on any Lot to be utilized for vectaenSuh.)
purposes.
Any forclosure of any such superior lien un sale of any mortgage, deed of trust, or other securi ent, or through Court proceedings shall cut off agd extin e liens
e utilized for vectaenSuh.)
purposes.
Any forclosure of any such superior lien un sale of any mortgage, deed of trust, or other securi ent, or through Court proceedings shall cut off agd extin e liens securing maintenance charges, dues or ass nts which became due and payable prior to such foreclosure date ch foreclosure shall free any Lot from the liens sanity, ts threrafter becoming due and payable, nor shall the J+ any Owner personally obligated to pay ma intengige rg ues or assessments which become due prior to such fore tinguished by any foreclosure.
RYsk of Use 4.09. mfaratus and facilities furnished on the grounds of the e ieY are solely for the convenience of residents and guestsA a sons using same do so at their own risk. The dev be responsible for accidents, injuries, or loss of rope theft, wind, floods, or any act of nature.
Sanitation System No sewerage disposal system, sanitary system, cesspool, or septic tank shall be used except the system provided by the City of Haltom City. Trash and garbage will be stored in trash bags or in sealed containers such as garbage cans with lids and set on the street for pickup according to city policy. No trash or garbage will be stored on any Lot at any time except in containers as above described.
Prohibiting of Solicitors, Etc.
4.11. Solicitors, vendors, peddlers, etcetera, are not permitted and such will be considered trespassing.
09304 0098 Prohibiting of Firearms 4.12. No discharge of firearms, air guns, sling shots, or any projectile-throwing device shall be allowed at any time.
Easements 4.13. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
No utility company, water district, political subdivision, or other
.13. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
No utility company, water district, political subdivision, or other authorized entity using the easements herein referred to shall be liable for any damage done by them or their assigns, agents, employees, or servants, to shrubbery, trees, or flowers, or %o Cony property of the Owner situated within any such easement Noxious or Offensive Activities 4.14. No noxious or offensive activity sha ied on upon any Lot, nor shall anything be done there hich may become an anoyance or nuisance to the neighborhog ud talking, radio, television, or other noise capat> 0 fL AZ ng a neighbor in any of 10:00 P.M. and 8:00 A.M.
manner will be permitted betweep ~ No unusual or disturbing/gotses or tWities will be allowed at any time. QS Signs 4.15. No sign ny aracter shall be allowed on any Lot e s ntity engaged in the construction and sate of except one sig than five square feet advertising the property f ent; provided, however, that Declarant and any hin the subdivision shall have the right, during the on and sales period, to construct and maintain such S aS may be reasonably necessary or convenient for such construction and sale, including, but not limited to, signs, offices, storage areas, and model units.
Oil Development Prohibited 4.16. No oil well drilling, oi1 development operation, oil refinning, quarrying, or mining operations of any kind shall be permitted on a Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted on any Lot. No derreck or other structure designed for use in boring for oil, natural gas, or other minerals shall be erected, maintained, or permitted on any Lot.
093u4 0099 Rubbish, Trash, and Garbage
any Lot. No derreck or other structure designed for use in boring for oil, natural gas, or other minerals shall be erected, maintained, or permitted on any Lot.
093u4 0099 Rubbish, Trash, and Garbage 4.17. No Lot shall be used or maintained as a dumping ground for rubbish or trash, and no garbage or other waste shall be kept except in sanitary containers. All incinerators or other equipment for the storage and disposal of such materials shall be kept in a clean and sanitary conditon.
Animals 4.18. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that dogs, cats, or othe born litters for a period of ninety (90) days fro that they are not kept, bred, or maintained for purpose. Household pets such as dogs and cats or in a fenced area at all times. Resid any damage caused by pets, including visi Cars, bran yt 4.19. No cars, trucks, buses, the street in front of an ore Or construction and repair equipment while a resiZe as¥dgnces are being built or repaired in the immediate vi e shall be no over night parking on the street, and no @ehkclA may be parked on the yard or anywhere on the Lot except e ivewdy. Vehicles left overnight on streets will be towed away 4 No wrecking yard or salvage No wrecked shall include trucks and motorcycles. Any motorcycles operated within the development must be currently “street legal" according to the laws of the State of Texas. Motorcycles may be driven to and from the residence of the owner only, and will not be driven around in the development. Machines which have excessively loud mufflers will not be allowed to operate in the development. Any motor vehicles operated in the development must be insured to the degree required by the State of Texas for operation on public streets.
mufflers will not be allowed to operate in the development. Any motor vehicles operated in the development must be insured to the degree required by the State of Texas for operation on public streets.
Speed Limit for Yehicles 4.20. The speed limit for all vehicles will not exceed the posted speed limit as per Haltom City, and must be observed at all times. We ask that you tell your friends, delivery men, and visitors our speed limit. It will eliminate the embarrassment of their being stopped.
Violators will be prosecuted.
ARTICLE FIVE GENERAL PROVISIONS Enforcement 5.01. The Declarant, or any Owner, shall have the rig enforce, by any proceeding at law or in equity, all provisions of this Declaration. Failure to enfp restriction herein contained shall in no event the right to do so thereafter.
Severability 5.02. Invalidation of any o Q nants or restriction by judgment or court order shall i gffect any other provision, and all other provisions shal i full force and effect.
and Amendment 5.03. The cove andYtions, and restriction of this Declaration shal and bind the land, and shall inure to the benefit of, ang florceable by the Declarant or the Owner of any Beclaration, and their respective legal eirs, successors, and assigns, and, unless amended rein, shall be effective for a term of twenty (20) years gate this Declaration is recorded, after which time said covetents, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years. The covenants, conditions, and restrictions of this Declaration may be amended or terminated only by an instrument signed by the then owners of not less than seventy-five (75) percent of the Lots and properly recorded in the appropriate records of Tarrant County, Texas.
Waiver by Homeowners Association
instrument signed by the then owners of not less than seventy-five (75) percent of the Lots and properly recorded in the appropriate records of Tarrant County, Texas.
Waiver by Homeowners Association 5.04. The Homeowners Association shall have the power and authority to waive the enforcement or the application of any of the above restrictions.
09304 0101 The foregoing Restated Declaration of Covenants, Conditions, and Restrictions are hereby executed by the Undersigned as of this day of 4", 1988.
TAFCO, INC.
ATTEST: A Troy M. Fuller, President gohn Oliver, Secretary Carolyn Ballew a Glenn R. Milam ; J Robin R. Milam la oY President STATE OF TEXAS ) ) COUNTY OF TARRANT) gh This instrument was acknowledged before me on the 3 ‘day of >, 1988, by Troy M. Fuller, President of TAFCO, Inc., a Texas corporation, on behalf of said corporation.
ae y xO PL? } GPa a ANotary Public, State’of Te xas Notary's Printed Name: J .5 FS My Commission Expires: SP ~ PL STATE OF TEXAS ) ) COUNTY OF TARRANT) This instrumert was acknowledged before me on the 29thday of , 1988, by Howard L. Tremaine and wife, Sandra Tremaine.
Notary Public, State of Texas My Commission Expires: Notary's Printed Name: 4-11-96 Sue Jennings STATE OF TEXAS ) May ) COUNTY OF TARRANT) This instrument was acknowledged before May, 1988, by A. H. Clark and wife, Dorot My Commission Expires: 4-71-90 STATE OF TEXAS ) ) COUNTY OF TARRANT) d before me on the 29th day of 4 = aie i mt Pie Notary Public, State ‘of Texas Notary's Printed Name: Sue Jennings instrument was acknowledged before me on the 29th day of 4988, by Glenn R. Milam and wife, Robin R. Milan.
f | 1) 7 Notary Public, State of Texas My Commission Expires: Notary's Printed Name: 4-11-90 Sue Jennings q9304h 0103 STATE OF TEXAS ) )
e 29th day of 4988, by Glenn R. Milam and wife, Robin R. Milan.
f | 1) 7 Notary Public, State of Texas My Commission Expires: Notary's Printed Name: 4-11-90 Sue Jennings q9304h 0103 STATE OF TEXAS ) ) COUNTY OF TARRANT) This instrument was acknowledged before me on the 29thday of May , 1988, by Norman Richard Kirkhan.
4 K} : 2 Notary Public, Staté of Texas My Commission Expires: Notary's Printed Name: 4-11-90 Sue Jennings STATE OF TEXAS ) ) COUNTY OF TARRANT) This instrument was acknowledged before me May _, 1988, by Larry Miller and wife, Brendg My Commission Expires: 4-11-90 STATE OF TEXAS ) ) COUNTY OF TARRANT) This instrument wa le efore me on the 29th day of May _, 1988, by Lar j an ife, Brenda L. Miller.
£4, ANDY PLA Notary Public, State’of Texas My Commission Expi Notary's Printed Name: Sue Jennings STATE OF trument was acknowledged before me on the 29th day of , by Vada M. Schulz.
/ LY 4 0x fot Kary Notary Public, State of Texas My Commission Expires: Notary's Printed Name: Sue Jennings ee 09304 O104 STATE OF TEXAS ) ) ) COUNTY OF TARRANT This instrument was acknowledged before me on the — “’ day of oe , 1988, by William B. Jackson, President of American Bank of the Mid-Cities, N.A., a national banking association, on behalf of said association.
? 7 a t : ams 1 ot e x Notary Public, State of Texas My Commission Expires: Notary's Printed Name: STATE OF TEXAS COUNTY OF TARRANT) This instrument was acknowledged before day of , 1988, by Douglas L. Terry, President & i National Bank, a national banking associati of said association.
f My Commission Expires: 09304 0105 20192 SWI ‘MLMOM Land 4301 WATTS DEL ANYdWOD 37LIL NYOINZAY [Suid COUNTY OF TARRANE j STATE OF TEXAS J hereby certify that this instrume Gste and at the time stamped hereon by
sion Expires: 09304 0105 20192 SWI ‘MLMOM Land 4301 WATTS DEL ANYdWOD 37LIL NYOINZAY [Suid COUNTY OF TARRANE j STATE OF TEXAS J hereby certify that this instrume Gste and at the time stamped hereon by RECORDED in the Volume and Puge-tl of Tarrant County, Texes, ss ts SALE, RENTAL.
y BECAUSE OF COLOR UNDER FEDERAL a