sence Ti ETRE Noe emer RES Ces ea meeeemar rete DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS OF HOLLY OAKS LANDING, A subdivision in Bell County, Texas STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BELL § FIRST OMEGA PARTNERS, LTD., a Texas limited partnership (“Declarant”), is the owner of that certain 18.00 acre tract of land situated in Bell County, Texas, more particularly described by metes and bounds in Exhibit “A” attached hereto and expressly made a part hereof for all purposes, and designated as HOLLY OAKS LANDING, a subdivision in Bell County, Texas (sometimes referred to as “Holly Oaks.”) For purposes of this Declaration, Holly Oaks Subdivision may sometimes be referred to as { “Subdivision.”
Declarant does hereby make and impose the following covenants, conditions and rest covenants upon the Subdivision, according to the above referenced plat, which will be cg with the land, for the purposes herein set forth as follows: PREAMBLE AND DECLARATION: OAKS HOMEOWNERS’ ASSOCI fon-profit corporation, with the power and duty to maintain and administer on Aye Ke Subdivision and the power to administer and enforce the covenants and restrictio1 ‘ hereinafter created.
Declarant declares that af aid Within the Properties may be annexed into the Association land will not be depg as herein defined &Stbdivision, and such phases or additions thereto as may hereinafter aasferred, sold, conveyed, occupied, and enjoyed subject to the following TION OF COVENANTS, CONDITIONS AND RESTRICT! IVE COVENANTS — IOLEY OAKS LANDING .
4844/27346 TSE BUSESH WA | context shall prohibit) shall have the following meanings.
SST wMugeepP mM ARTICLE I PURPOSE
TION OF COVENANTS, CONDITIONS AND RESTRICT! IVE COVENANTS — IOLEY OAKS LANDING .
4844/27346 TSE BUSESH WA | context shall prohibit) shall have the following meanings.
SST wMugeepP mM ARTICLE I PURPOSE The Subdivision is encumbered by this Declaration of Covenants, Conditions and Restrictions for the following reasons: to ensure the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practicable the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; to secure and maintain proper setbacks from streets and adequate free space; and, in general, to provide for development of the highest quality to enhance the value of investment made by Owners of Lots. : ARTICLE Il DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the 1, “ARC” and “Architectural Review Committee” means the Architectural Review Committee.
MPRC HOLLY OAKS HOMEOWNERS’ ASSOCIATION, INC., a Texas non-proff corporation. , 2. “Association” means MPRC HOLLY OAKS HOMEOWNERS’ ASSOCIATIOD Texas non-profit corporation, its successors and assigns as provided for herej power, duty and responsibility of maintaining and administering the Common (4 administering and enforcing the restrictive covenants contained in i term is defined in Texas Property Code §202.001(2).
3. “Board of Directors” and “Board” means the Board of Directors 6 HOMEOWNERS’ ASSOCIATION, INC., a Texas ym procedures of which shall be as set forth in the Articl \corporation and By-Laws of the
2).
3. “Board of Directors” and “Board” means the Board of Directors 6 HOMEOWNERS’ ASSOCIATION, INC., a Texas ym procedures of which shall be as set forth in the Articl \corporation and By-Laws of the Association. The Board of Directors shall be the electetkpod\ having its normal meaning under the Texas non-profit corporate law.
4. “Builder Member” means such builders ee Subdivision and who own one or more Q 5. “Common Area” means any caseme: maintained by the Associatign Association. Common Ayéa walls, drainage facilities isé“nd benefit of the Members of the any entrance monuments, security gates, perimeter esplanade and right-of-way landscaping, any IRST OMEGA PARTNERS, LTD., a Texas limited partnership, its Signs who are designated as such in writing by Declarant, and who consent in ne Breanne meta RT 5 such successor or assign. No person or entity purchasing one or more Lots from FIRST OMEGA PARTNERS, LTD., a Texas limited partnership, in the ordinary course of business shall be considered a “Declarant.”
7. “Declaration” means this Declaration of Covenants, Conditions and Restrictions for HOLLY OAKS LANDING, and any amendments and supplements hereto made in accordance with the terms hereof.
8. “Development Period” means the period of time in which Declarant owns a Lot or Lots within the Properties for resale to a third party. The Development Period will end upon Declarant’s sale of the last Lot within the Properties to a third party.
9. “Living Unit” means a single family residence and its garage situated on a Lot.
10. “Lot” means any of the plots of land as shown on the Subdivision Plat.
H. “Member” means all those Owners who are members of the Association as provided herein.
12, “Properties” means the properties known as HOLLY OAKS LANDING and any adjoining4ayds
the Subdivision Plat.
H. “Member” means all those Owners who are members of the Association as provided herein.
12, “Properties” means the properties known as HOLLY OAKS LANDING and any adjoining4ayds that may be added as additions or phases thereto, as are subject to this Declaration or an Amended or Supplemental Declaration.
15. “Single Family” means a group related by blood, adoptia roommates equal to the number of bedrooms in a Livi 16. “Subdivision Plat” collectively means the map or plat pf HOLLY egress, use and enjoyment in and to t title to every Lot, subject to the followin record in Cabinet C, Slide 234-B, of the Plat Records 0 or amendments thereof upon filing of same ff Every Owner, guest, invitee, yes hi the right of the Associatio: facility now or herea reasonable limjes cted or situated upon the Common Area and to impose ests who may use the facilities; the right 9 suspend an Owner’s voting rights and the right to use any facility for any any assessment of the Association against that Owner’s Lot remains unpaid, an Owner of the restrictive covenants contained in this Declaration gciation to grant easements in and to the Common Areas to any public agency, for such purposes as benefits the Properties or portions thereof and Owners or ht.of'the Association to borrow money for the purpose of improving the Common Area, or rtion thereof, for acquiring additional Common Area, or for constructing, repairing or TION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — OAKS LANDING . .
. tiptoe A EST DWUWSEEH 0s improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a mortgage conveying all or any portion of the Common Area, provided two-
WUWSEEH 0s improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a mortgage conveying all or any portion of the Common Area, provided twothirds (2/3) of the members present or represented by proxy at a meeting called for such purpose shall approve; provided however, the lien and encumbrance of any such mortgage given by the Association shall be subject and subordinate to any and all rights, interests, options, easements, and privileges reserved or established in this Declaration for the benefit of Declarant or Owner, or the holder of any mortgage irrespective of when executed, given by Declarant or any Owner encumbering any Lot or other property located within the Subdivision; 5. the right of the Association to dedicate or transfer all or any portion of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer will be effective unless an instrument agreeing to such dedication or transfer has been approved by at least twothirds (2/3) of the Class A members of the Association which are Present or represented by proxy at a meeting duly called for such purpose, and by the Class B member so long as the membership shall exist; and 6. the right of the Association to prescribe rules and regulations as they may be expanded, amen or otherwise modified. Each Owner, by acceptance of a deed, acknowledges and agrees th use and enjoyment and marketability of the Owner’s Lot may be affected by this provisig that the rules and regulations may change from time to time. The Board shall have thégut to enforce the rules and regulations by all appropriate means, including but not limited
ected by this provisig that the rules and regulations may change from time to time. The Board shall have thégut to enforce the rules and regulations by all appropriate means, including but not limited imposition of fines, if notice and an opportunity to be heard are given, and am have violated the rules and regulations shall be liable to the Association for alf d costs, including reasonable attorney’s fees.
ARTICLE IV ARCHITECTURAL REVIEW In order to protect the overall integrity of the develops of improvements of all Owners, a committee of representative Committee is hereby established to carry out all duties as noted disapprove; change, modify or waive; and ultimately contret“a improvement activities of any kind (including, without lidhy materials, and the placement thereof) within th constructed in accordance with good workmanship to insure that all improvements are architectural compatible with Declarant’s conceptual pla ’ Architectural Review Committee.
t pas well as the value ignated as the Architectural Review With full authority to approve and jon, development and s, buildings, building indure that all such activities are d standard industry trade practices and afid ecologically designed to be bdivision and/or is decided by the PST WWSSEF ts No building, structure, construction of any kind will,bé altered, until a complete sg Pppa with a written request for approval 2 enstructed, maintained, modified, redecorated or ations shall have been formally submitted to the ARC RC’s written approval received. Plans and specifications nclyde, but not necessarily be limited to the following information: d ground elevations; exterior design and building materials; ply building, fence, driveway or other structure; a plat or site plan
nclyde, but not necessarily be limited to the following information: d ground elevations; exterior design and building materials; ply building, fence, driveway or other structure; a plat or site plan ation of any building, fence, driveway or other structure (including ble); exterior lighting and location; initial landscaping; samples of and-e6lor samples; and any other plans, specifications or information deemed ectural Review Committee and/or Declarant.
OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — LANDING SAE wan ee oe ent ADE TIES ON SAE ripen oe se omer mio weyers an, Sots Esai stic mm The Architectural Review Committee will review all plans, specifications and other information which are submitted for compliance with all the requirements of this covenant and for the compatibility of any improvements therein with the architectural, aesthetic and ecological goals of the Subdivision and Declarant, it being the intent that such goals require that all improvements be compatible with all other improvements in the Subdivision and that they be in harmony with their natural surroundings. The ARC will have full right and authority to utilize its sole discretion in approving or disapproving any plans and specifications which are submitted. In the event the ARC fails to approve submitted plans or to request additional information reasonably required within thirty (30) days after submission, the applicant shall give the ARC written notice of its failure to respond. Unless the ARC responds within ten (10) days of receipt of such notice, approval will be deemed granted.
The Architectural Review Committee may disapprove the construction or design of any improvement, on purely aesthetic grounds where, in its sole judgment, such disapproval is required to
eemed granted.
The Architectural Review Committee may disapprove the construction or design of any improvement, on purely aesthetic grounds where, in its sole judgment, such disapproval is required to protect the continuity of design or value of the Subdivision, or to preserve the serenity and natural beauty of any surroundings. Prior approvals and/or disapprovals of the ARC pertaining to any improvemeh activities or regarding matters of design or aesthetics shall not be deemed binding upon the AR requests for approval if the ARC feels that the repetition of such matters will have an adverse‘ the Subdivision. The ARC shall have the express power to construe and interpret any co!
that may be capable of more than one construction.
During reasonable hours, members of the Architectural Review Committee, 2 Board, or any authorized representative of any of them, shall have the right to ¢ Lot, and the Living Unit thereon, for the purpose of ascertaining whether or Declaration have been or are being complied with, and said persons sha by reason of such entry.
The ARC will maintain written records of all applicati information submitted to the ARC and all actions taken.
The ARC shall have the authority to employ,professiona Association to assist it in performance of its duties<Thddecision o Architectural Review Committee shall be final, conclusive and binding upon the applicaq compensation for any services rendered pursuant fothj or possessing or claiming any benefit: i é apd the covenants contained herein for any damage or injury to property arising out i be decided by Declarant. The ARC will consist of not appointed to serve at this time: James I. Howe, John is a Class B membership, in the event of the death or Deglarant shall have full power and authority to appoint a
arant. The ARC will consist of not appointed to serve at this time: James I. Howe, John is a Class B membership, in the event of the death or Deglarant shall have full power and authority to appoint a Bers, chosen in its sole discretion, with like authority. Upon the >; the Board of Directors shall appoint the members of the ARC, The number and initial ARG C. Howe, and John R.
resignation of any m ARTICLE V RESTRICTIVE COVENANTS FOR USE OF LOTS tive covenants for the use one Lots within Holly Oaks are set forth in instrument c lume z Page , of the Office Public Records of Real Property of Texas, and any Lot within Holly Oaks will be subject to such restrictive covenants.
ECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — IOLLY OAKS LANDING 14844/27346 5 f H GST WweeePp mH bed tae . ARTICLE VI. : MODIFICATIONS AND VARIANCES The ARC has the authority to modify or waive any and all of the restrictive covenants that would not, in the ARC’s sole discretion, impair or detract from the quality of the Subdivision. The ARC has the authority to reduce the floor area requirement contained herein by ten percent (10%) and to modify any building material requirement. Such modification or waiver may by written instrument in recordable form.
ARTICLE VII EASEMENTS AND ACCESS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, if any, no structure, planting, fence or other mater} shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or in the case of drainage easements, which may change or impede the dirg€tion
} shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or in the case of drainage easements, which may change or impede the dirg€tion of flow of water through drainage channels in such easements. The easement area of each Lot, Mary, ant all improvements in such area shall be maintained continuously by the Owner of the Lot, exceptfor tose improvements for which a public authority or utility company is responsible. Neither thea ig Declarant nor any utility company using the easements herein or referred to shall be liale damages done by them or their assigns, agents, employees or servants to shrubbery, stree’ other property of the Owners situated on the land covered by said easeme: by HUD rules and regulations, the Association will obtain the approval q affects the casements herein or referred to.
There is hereby created a right of ingress and egress across, over, ® favor of Declarant and the Association, for the sole purpose o; alling, repte maintaining all facilities for utilities, including, but not limite: electricity, gas. and appurtenances thereto.
pairing, and ter, sewer, telephone, cable TV, An easement is hereby extended and acknowledged tex garbage and trash collector pickup vehicles and ea e eyter upon the Common Area in t 98T MUSEEF “0h performance of their duties.
Each Lot is conveyed subject to all easeme ans‘and reservations shown on the easements, conditions, and reservations. No Easements for drainage 9 ubdivision are reserved as shown on the Subdivision Plat. No Owner of any Lo e i y perform or cause to be performed any act which would alter or change the course 0 2 ¢ easéments in a manner that would divert, increase, accelerate
wn on the Subdivision Plat. No Owner of any Lo e i y perform or cause to be performed any act which would alter or change the course 0 2 ¢ easéments in a manner that would divert, increase, accelerate or impede the natural flow 4 exand across such easements. More specifically and without limitation, no Owner, guestsigvite stomer or tenant may: fy the existing configuration of the drainage easements, or fill, excavate or snents, or remove trees or other vegetation therefrom without the prior written RC; N OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — KS LANDING 014844/27346 FP teat eter ecuneene eH He Ty LACE EE 3 SES WSS permit storage, either temporary or permanent, of any type upon or within such drainage easements; or place, store or permit to accumulate trash, garbage, leaves, limbs or other debris within or upon the drainage easements, either on a temporary or permanent basis.
The failure of any Owner to comply with the provisions of this Article shall in no event be deemed or construed to impose liability of any nature on the Association, ARC and/or Declarant, and such Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions.
ARTICLE VIII LOT CONSOLIDATION Any Owner owning two (2) or more adjoining Lots or portions of two or more such Lots may consolidate such Lots or portions thereof into a single building site for the purpose of constructing one (1) Living Unit and such other improvements as are permitted herein and such building site shall meet, all lawful requirements of any applicable statute, ordinance or regulation, However, the Lot resulting fr such consolidation shall bear, and the Owner thereof shall be responsible for, all assessments and
lawful requirements of any applicable statute, ordinance or regulation, However, the Lot resulting fr such consolidation shall bear, and the Owner thereof shall be responsible for, all assessments and rights applicable to each of the pre-consolidated Lots that are consolidated into a single buildin ARTICLE IX ENFORCEMENT be lawful for the Association, Declarant, or any Owner subject to this Decla proceedings against the person or persons ne or attempting to-wielg eT or provided by law, such a shall be entitled fees. Neither the Architectural Review Committee affirmative duty to police, control or enforce thé te by and be the responsibility of Lot Ong ASSOCIATION, AND REGISTRATION ment by the Association shall be a Member of the Association.
Burtenant to and inseparable from Lot ownership.
than the number of votes designated to such Lot be cast with respect to any such Class A Lot.
Class B: The Class B member shall be Declarant who shall be entitled to three (3) votes for each unimproved Lot owned and (1) vote for each improved Lot owned. Class B membership shall cease and be converted to Class A membership, at such time as the Declarant has conveyed and/or sold the last of the unimproved Lots within the Subdivision and all of the land area comprising the Properties, whether in a single or multiple transaction, to an Owner or to any governmental authority for public use.
Suspension of Voting Rights. All voting rights of an Owner may be suspended for any period of time deemed proper and appropriate by the Board of Directors during any period in which such Owner is delinquent in the payment of any duly established assessment or is otherwise in default and/or violation thereunder or under the By-laws or rules and regulations of the Association.
hich such Owner is delinquent in the payment of any duly established assessment or is otherwise in default and/or violation thereunder or under the By-laws or rules and regulations of the Association.
Registration with the Association. In order that the Declarant and the Association can properly determine voting rights and acquaint every Lot purchaser and every Owner and Member with these Covenants and the day-to-day matters within the Association's jurisdiction, cach Owner a Member shall have an affirmative duty and obligation to originally provide, and thereafter revise and update, within fifteen (15) days after a material change has occurred, various items of, information to the Association such as: (a) the full name and address of each Owner and and Fiduciary; (b) the business address, occupation and telephone number of each O Member; (c) the name, address and telephone numbers of other local individual contacted (in the event the Owner or Member cannot be located) in case of an d such other information as may be reasonably requested from time t#ifite the event any Owner or Member fails, neglects or refuses to so pr¢ information, then the Association may, but is not required to, us¢ reasonable and appropriate to obtain such information and the offe shall become automatically jointly and severally liable to prompt! ¢ Association for all reasonable costs and expenses incurred in so doin ARTICLE XI COVENANTS FOR MAINTENAN SST mugeep mM Declarant, for each Lot owned by it within Member and every Owner of a Lot, by acceptance’ - expressed in any such deed or other conveyance, eemed.t6 covenant and agree to pay to the g 5 sessments, such assessments to be fixed, Association for curing the Own annual and special assessme
nce’ - expressed in any such deed or other conveyance, eemed.t6 covenant and agree to pay to the g 5 sessments, such assessments to be fixed, Association for curing the Own annual and special assessme hall be a charge on the land and shall be a continuing ich assessment is made. Each such assessment, together with sfees and cost of collection thereof as hereinafter provided, person who was the Owner of such property at the time the y velfare of the Members, and in particular, for the improvement, qn of the Properties, services and facilities devoted to this purpose and related to 1s Annual Assessments. The annual assessments for both Class A and Class B membership for both improved and unimproved Lots shall be determined after determination of current maintenance costs and anticipated needs of the Association during the year for which the assessment is being made. The maximum annual assessment may be set or adjusted by a majority vote of the Board of Directors, without membership vote, or by the Owners, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Lot Owners who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Lot owners and shall set forth the purpose of the meeting, but shall not be increased to more than the greater of: (i) one hundred and ten percent (110%) above the prior year’s annual assessment (ii) the result of multiplying said rate by a fraction, the numerator of which is the latest Consumer Price Index published on or before the sixtieth (60th) day prior to the date the Board sets the new maximum annual assessment rate and the denominator of which is the Consumer Price Index published on
Price Index published on or before the sixtieth (60th) day prior to the date the Board sets the new maximum annual assessment rate and the denominator of which is the Consumer Price Index published on the year prior to the one used in the numerator. Consumer Price Index is the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for All Urban Consumers. In the event the compilation and/or publication of the Consumer Price Index is substantially revised, transferred to any other governmental department or bureau or agency or shall be discontinued, then the index (or a substitute procedure which reasonably reflects and monitors fluctuations in consumer prices most nearly the same as the Consumer Price Index shall be used to make the calculations. The Association may increase the maximum annual assessment rate by more than the amount specified in the preceding sentence only the assent and consent of two-thirds (2/3) of the votes of the Lot Owners who are voting in persop or b proxy at a meeting called for vote on such a proposed increase.
ee ee me enn ye eee mena tare remem, RANE SE ALE ST ‘ The initial annual assessment of $150.00, or a pro rata portion of the initial annyaf asse based upon the date of closing, on Lots 1 through 26, inclusive, of the subdivision will ke eee party i from the new owner at the time of closing when such lot is sold by Declarant to a thirq with the calendar year 2001. The initial annual assessment of $100.00, or a pro ra af assessments, together with special assessments hereinafter described, shall not apply to Qecla owner of or holder of title of any such Lots, or to a Builder Member whose business ig to purcasg a Lot or Lots for
s, together with special assessments hereinafter described, shall not apply to Qecla owner of or holder of title of any such Lots, or to a Builder Member whose business ig to purcasg a Lot or Lots for 2. Special Assessments. In addition to the annual ass ats provided for above, the Association may levy, in any assessment year, a Special Assessment op bership and Class B membership on improved Lots only, for the purpose of defray p part, the cost of any construction, reconstruction, repair or replace 2 ert on or which is a part of the Common Area, tespond to the unusual emergenc: thé A sSochatior! as may be expected to appear from time to time, or for such other lawful purpos& rela f of the Properties as the Board of Directors or the Owners may determine, provided.that 4 sh‘assesSment shall have the assent and consent of two-thirds (2/3) of the votes of the Lot Qwne are vojing in person or by proxy at a meeting duly called for this purpose, written nggor wh Ye Sent6 all Lot owners and shall set forth the purpose of the meeting.
the anfiual assessment and any special assessment above, the Association, e a charge (Member Charge) upon any Owner for the purposes of ail direct and indirect costs incurred by the Association with regard to the aneé, repair or replacement of improvements associated with such Owner’s Lot has .
igaw6ns set forth in Article V of this Declaration, or an Owner places anything in the The Owners of such Lot shall be notified in writing of said determination and the specific ‘TION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS anes 6ST DuUgsep tM sey eae correcting the deficiencies. The Owner shall be assessed the cost of reimbursing the Association
and the specific ‘TION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS anes 6ST DuUgsep tM sey eae correcting the deficiencies. The Owner shall be assessed the cost of reimbursing the Association for any and all costs, including attorney’s fees, to secure compliance, Due Dates, Budget and Late Charges. The annual assessments provided for herein shall become due and payable and shall be collected as the Board of Directors of the Association shall determine. The amount of the annual assessment shall be an amount which bears the same relationship to the annual assessment provided for above as the remaining number of months in that year bear to twelve (12). The Board shall use reasonable efforts to provide each Owner with an invoice statement of the appropriate amount due, but any failure to provide such a notice shall not relieve any Owner of the obligation. The due date of any special assessment under the provisions hereof shall be fixed in the resolution authorizing such assessment. The special assessments are due and payable on the dated fixed in the resolution authorizing the special assessment. Member charges are due and payable within thirty (30) days after the Owner is served with notice by the Association of the amount of such Member Charge.
Each year, the Board of Directors of the Association shall adopt an annual buds the amount of the annual assessment, taking into consideration the Association’s operatin for the then current year, expected increases or decreases in such costs over the ngxtyé future needs of the AssociationAny assessment not paid within thirty (30) days shall bear interest from the due date at a rate to be determined, from timeto ti of interest, the rate of interest shall be eightcen percent (18%) pe
ionAny assessment not paid within thirty (30) days shall bear interest from the due date at a rate to be determined, from timeto ti of interest, the rate of interest shall be eightcen percent (18%) pe provides or requires an alternate ceiling under Vernon's Annotate 5069-1.04, then that ceiling shall be the indicated rate ceiling.
d be subject to a i charged by the Association to cover or collection notice of the past due amo relieve any Owner of the obligation to pa and collection fees. Remedies and Lien for A all actions against such Owng enforce the aforesaid lien } non-judicial or judicial forg grants to the Association th = PI te ao oo oo x = co oS lien provided for i -all other Lot Qw Chich are the subject matter of suit in the order of their coming due.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — HOLLY OAKS LANDING 014844/27346 Notice of the lien may be given, but is not required, by the recordation in the Real Property Records of Bell County, Texas an Affidavit of Delinquent Assessment And Notice Of Assessment Lien, duly executed by an officer, managing agent, attorney or officer of the Association, setting forth the amount owed, the name of the last known Lot Owner or Owners of : tecord, and the legal description of the Lot. | At any foreclosure, judicial or non-judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorney’s fees, and to apply as : a cash credit against its bid all sums due to the Association covered by the lien foreclosed. From { i and after any such foreclosure the occupants of such Lot shall be required to pay a reasonable rent for the use of such Living Unit and such occupancy shall constitute a tenancy-at-sufferance, and
{ i and after any such foreclosure the occupants of such Lot shall be required to pay a reasonable rent for the use of such Living Unit and such occupancy shall constitute a tenancy-at-sufferance, and the purchaser at such foreclosure sale shall be entitled to appoint a receiver to collect such rents and, further, shall be entitled to sue for recovery of possession of such Lot by forcible detainer or by Writ of Possession.
The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Lots subject to assessment, provided, ° however, that such subordination shall apply only to the assessments which have become die a y , payable prior to the sale or transfer of such Lot pursuant to a decree of foreclosure, no!
a foreclosure, or conveyance in lieu of foreclosure or in satisfaction of mortgage debt.
transfer shall not relieve such Lot from liability for any assessments thereafter b from the lien of any such subsequent assessment, Mortgagees may not be reqyi SEEH ‘ih i assessments, though they may voluntarily do so, Failure to pay assessments fi mm S considered as a default under an insured mortgage.
q ARTICLE XII ho fl MAINTENANCE FUND AND GENERAL POY = q OF THE BOARD OF DIRECTORS OF TAA i i i i 1 i I. Maintenance Fund. The Board, for the benefit of the G blish and maintain a H | # maintenance fund into which shall be deposited the annaal abse § collected from Owners H: s and which maintenance fund may be used, ut limitation h€ payment of the following: i a. Taxes and assessments and other lien icumbrances which shall properly be H g assessed or charged against the Comm rather than against the individual i i Owners, if any. q i b. Care, maintenance an Sommon Arca, including any and all charges
umbrances which shall properly be H g assessed or charged against the Comm rather than against the individual i i Owners, if any. q i b. Care, maintenance an Sommon Arca, including any and all charges C) i for utilitics and service 4tion for such care, maintenance and 4 preservation of the Comr f Cc. The services of a pye n or management firm to manage the Association or a any separate portié xtent deemed advisable by the Board of Directors, ‘Cs an management of the Association shall be terminable by the a 0 dityupon ninety (90) days prior written notice to the managing .
i 4 Ai the es Of Such other personnel as the Board of Directors or by the i d, services, A 4 e aligtes of insurance insuring the Common Area, the Association, its ,.
4 ays, agd Officers against any liability to the public or to the Owners (and/or guests, a: e itts, Customers or tenants) incident to the operation of the Association in any amount i mpunts as determined by the Board of Directors.
rans aWs, sorte reewzec nay, iin TION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — 10 AKS LANDING 7346 " Te SEPARA Ea PETS os "a Oty (oT a.
ZET wugEep mM general powers and duties, the Bylaws of the Association: b. | Such fidelity bonds as may be determine to be advisable.
Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board of Directors is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the enforcement of this Declaration.
Perpetual maintenance and enhancement of all Common Area including walls, gates,
his Declaration or by law or which in its opinion shall be necessary or proper for the enforcement of this Declaration.
Perpetual maintenance and enhancement of all Common Area including walls, gates, grounds, landscaping, lights, irrigation and electric for right-of-way and all entry monuments, walls, and signs owned or maintained by the Association.
required by the By-Laws or as the Board of Directors may 2. Powers and Duties of Board: The Board, for the benefit of the Owners, shall have the following in addition to the specific powers and duties provided for herein and in To execute all declarations of Ownership for tax assessment purposes and with regard to the Common Areas, if any, on behalf of all Owners.
To borrow funds to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board sce fit. : To enter into contracts, maintain one or more bank accounts, and generally to haye power necessary or incidental to the operation and management of the Association To protect or defend the Common Areas from loss or damage by suit or otherwise provide adequate reserves for replacements.
To make reasonable rules and regulations for the operation of the Confm amend them from time to time; provided that, any rule or regatttey mia y & repealed by an instrument signed by a majority of the O: SOF applicable to less than all of the Common Areas, by the Owners in thé To make available for inspection by Owners within sixty (6 i year an annual report and to make all books and records 8 inspection by Owners at reasonable times and To adjust the amount, collect and use any ins lost property, and if proceeds are insufficient to Pe assess the Owners in proportionate amounjs To enforce the provisions of any > from any Owner for violation
ust the amount, collect and use any ins lost property, and if proceeds are insufficient to Pe assess the Owners in proportionate amounjs To enforce the provisions of any > from any Owner for violation To collect all assessments and enta of liens and institution of legal prac To establish a monetary "fing discretionary range of fine Member Charge ym ybe maintained and/or accounted for separately ar annual operating expenses.
waintenance fund and the exclusive right and obligation to conditions and for such consideration as the Board may deem proper, advisable terest of the Association.
e right to contract for all goods, services and insurance payment s¢ required to perform pursuant to the terms hereof, such contracts to be upon ARTICLE XII TITLE TO COMMON AREAS All initial Common Area within the Properties shall be conveyed to the Association free of lien prior to the conveyance of the first Lot by the Declarant. The Association shall own all Common Areas in fee simple and assume all maintenance obligations with respect to any Common Areas which may be hereafter established. Nothing contained herein shall create an obligation on the part of Declarant to establish any Common Area.
However, any and all Common Areas will be for the common use and benefit of each Member of the Association There shall be no physical partition of the Common Area or any part thereof. This Article shall not be construed to prohibit the Board of Directors from acquiring and disposing of tangible personal property nor from acquiring title to real property which may or may not be subject to this Declaration.
ARTICLE XIV INSURANCE AND CONDEMNATION 1. Fire, Hazard and Casualty Insurance. Owners of Lots hereby covenant and agree witlt<
tle to real property which may or may not be subject to this Declaration.
ARTICLE XIV INSURANCE AND CONDEMNATION 1. Fire, Hazard and Casualty Insurance. Owners of Lots hereby covenant and agree witlt< Owners and the Association to carry all-risk casualty insurance on their Lot. Eac) resulting in less than total destruction, the Owner shall proceed promptly to reconstruct the damaged structure in a manner consistent with the origing 86T augeep tm existed prior to the beginning of the construction.
Each Owner shall be responsible, at his own cost and e the extent not covered by the Association and public liabikj on the Lot once the Living Unit has been cdystrigted on a Lot 2; Property and Public Liability Insurance With Re to Common Area, Errors and Omissions and Indemnification.
a. The Board of Directo: insurance, to insure th fds as are covered under standard fire and extended ince to included coverage against vandalism, Association may obtain comprehensive public liability hall deem desirable, insuring the Association, its agents and Association may indemnify directors, officers, employees and agents and may ase maa insurance in accordance with the provisions of Article 2.22A of the oa rior WS si tate agesee, ‘V6T MSE EF iM Insurance Premiums with Respect to Common Area. All costs, charges and premiums for all insurance with respect to the Common Area that the Board of Directors authorizes as provided -herein shall be a common expense of all Owners and shall be part of the annual assessment.
Other Insurance. None of the above prevents the Board of Directors from obtaining other insurance as may be required by law (e.g. workers compensation) or other insurances which may become the norm for properties of this nature.
above prevents the Board of Directors from obtaining other insurance as may be required by law (e.g. workers compensation) or other insurances which may become the norm for properties of this nature.
Condemnation. If part or all of the Common Area shall be taken or condemned by any authority “having the power of eminent domain, any compensation and damages shall be paid to the Association. The Board of Directors shall have the exclusive right to act on behalf of the Association with respect to the negotiation and litigation of the taking or condemnation issues affecting such Common Area. The Owners may, by vote of seventy-five per cent (75%) or more of the total voting power hereunder, agree to distribute the proceeds of any condemnation or taking by eminent domain, to cach Owner and his mortgagee, if any, as their interest may appe In event that the Owners shall not so agree, such proceeds shall be added to the funds of t Association, and the Association shall decide on whether or not to replace or restore, as fd possible, the Common Area so taken or damaged.
’ The Association shall give timely notice of the existence of such proceedings to their mortgagees, if any. The expense of participation in such proceedings sha| expenses chargeable to the Owners.
Insufficient Proceeds. If the insurance or condemnation proceedg replace any loss or damage, the Association may levy a special asse Article X1, Section (B) of this Declaration.
ARTICLE XV AMENDMENT AND AN Declaration is recorded, at which time, and each tenth ani automatically renewed for a period of ten (10) y e may be amended by written instrument approved Association holding at least seventy-five percent, b votes. The amendment shall be
, and each tenth ani automatically renewed for a period of ten (10) y e may be amended by written instrument approved Association holding at least seventy-five percent, b votes. The amendment shall be effective when it is certified by the President of the A gn as to the requisite number or votes and recorded in the Official Public Reco As file an amendment to this Declaf’ Owner of Lots, or any interes f t is the owner of an unimproved Lot and/or any of the erties, a gr will be developing the Properties. Notwithstanding the foregoing, after Declarant hhe’dease e¥elop the Properties, Declarant shall have the right to file an amendment to this Deotiratid the necessity of joinder by any other Owner of Lots, or any ie bd pyrposes of correcting a clerical error, clarifying an ambiguity, removing any contradiction in the ereof, or for the purpose of making such additions or amendments hereto ‘ Har elopment Period of the Subdivision and/or the Properties and for so long as sping the Properties, Declarant shall have the right, privilege and option to annex ing land to make it subject to this Declaration, without the necessity of joinder by er of Lots, or any interest therein, until Declarant no longer owns a Lot by filing in the OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — 014844/27346 Official Public Records of Bell County, Texas, an amendment annexing such property. Additional property may be thereafter annexed and made subject to this Declaration, or property may be withdrawn, by written instrument approved by the affirmative vote of the Members of the Association holding at least seventy-five percent (75%) of the total votes and filed of record.in the Official Public Records of Bell. ' County, Texas.
ARTICLE XVI GOVERNMENTAL REQUIREMENTS
ers of the Association holding at least seventy-five percent (75%) of the total votes and filed of record.in the Official Public Records of Bell. ' County, Texas.
ARTICLE XVI GOVERNMENTAL REQUIREMENTS © 7. By acceptance of a deed to a Lot, or initiating construction of a residence or improvements toa , Lot, each Builder Member and contractor assumes responsibility for complying with all certifications, .
permitting, reporting, construction, and procedures required under all applicable governmental rules, regulations, and permits, including, but not limited to those promulgated or issued by the Environmental | Protection Agency and related to Storm Water Discharges from Construction Sites (see Federal Register, Volume 57, No. 175, Pages 41176 et seq.), and with the responsibility of ascertaining and complying with all regulations, rules, rulings, and determinations of the Texas Water Development Board and Texag Water Commission, related to cach Lot, including, without limitation, the provisions of chapters 32 331, Texas Administrative Code, and any specific rulings made pursuant to the terms thereof, foregoing references are made for the benefit of builders and contractors and do not in an terms and requirements of this covenant ond the requirement that all Bullder Members gdtLeonthetors coniply with all governmental regulations, and any plan required by such regulations, Pollution Plan, affecting cach Lot and construction site with which they are associated i to Declarant of a certification of understanding relating to any applicable NPDE n of construction. Each Builder Member and contractor, by acceptance of a deé the making of improvements to a Lot, holds harmless and indemnifies a occasioned by the failure to abide by any applicable governmenté
ction. Each Builder Member and contractor, by acceptance of a deé the making of improvements to a Lot, holds harmless and indemnifies a occasioned by the failure to abide by any applicable governmenté related to the Properties.
S61 iugeep ay Association shall have the right to enter upon any Lot on which prohibited by appropriate governmental authority igfMajntained, oe there has been a failure to perform any act required by appropriate governmenta hority, for the purpose of curing any such violation, provided that the Owner or Builder Member has Decn given five days prior written notice and has failed to remedy the complained of violation p, and each such Owner and Builder Member indemnifies and holds harmlesa Declafa ss6ciation from all cost and expense of such curative action and any cost or expense pt | p Jgvied by any governmental authority as a result of the act or failure to act of the Owner o bér with respect to his Lot or the Properties. The foregoing remedy shall be cumulative-e netlies for violations of provisions of these covenants.
RTICLE XVII RAL PROVISIONS 1, Interpr esjayation or any word, clause, sentence, paragraph, or other part thereof ; shall be &{0 More than one or conflicting interpretations, then the interpretation which ae is most accorddnce with the general purposes and objectives of this Declaration shall qe i jn the application of the provisions of this Declaration, or any amendment : the application of any provision of the By-Laws of the Association, the : Application of this Declaration shall prevail. i etuation, word, clause, sentence, or provision necessary to give meaning, validity, or to any other word, clause, sentence or provision appearing in this Declaration shall be ») TION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — °
provision necessary to give meaning, validity, or to any other word, clause, sentence or provision appearing in this Declaration shall be ») TION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — ° OL) AKS LANDING 4844/27346 . 15 ORT BUSEEP omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference.
The singular, whenever used herein, shall be construed to mean the plural, when applicable, and the necessary grammatical changes required to make the provisions here apply either to - corporations or individuals, males or females, shall in all cases be assumed as though in each case fully expressed.
Notices. Any notice required to be given to any Owners or Member shall be complete when the notice is deposited in the United States Mail, postage prepaid, and addressed to the Owner or Member at the last known address as shown by the records of the Association, pursuant to Article X, Section C of this Declaration Headings. The headings contained in this Declaration are for reference purpose only and shall not in any way affect the meaning or interpretation of this Declaration.
Invalidation of any one or more of these covenants, restrictions, conditions and limitations by judgment or court order, shall in no way affect any of the other provisions hereof which shall remain and continue in full force and effect.
These covenants, restrictions, conditions and limitations are in all respects subject to any applicable zoning regulations lawfully in force or hereafter adopted.
EXECUTED effective the_ (4 44. day of FEBRUARY, 2001.
FIRST OMEGA PARTNERS, LTD., a Texas partnership By: OMEGA ENTERPRISES, ¥ STATE OF TEXAS COUNTY OF BELL
ons lawfully in force or hereafter adopted.
EXECUTED effective the_ (4 44. day of FEBRUARY, 2001.
FIRST OMEGA PARTNERS, LTD., a Texas partnership By: OMEGA ENTERPRISES, ¥ STATE OF TEXAS COUNTY OF BELL This instrument was acknowledged before-mé l he day of FEBRUARY, 2001, by JAMES 1. HOWE, in his apacity a corporation, in its capacity as generafy4 partnership, on behalf of said as G é * ENANTS, CONDITIONS AND RESTRICTIVE COVENANTS — ING crm BAIRD, CREWS, SCHILLER & WHITAKER, P.C.
Attorneys-at-Law 401 401 North Third Street, 2nd Floor Post Office Box 1260 Temple, Texas 76503-1260 AFTER RECORDING, RETURN TO: VOL. 4338 PAGE 197 Unofficial Copy DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIVE COVENANTS HOLLY OAKS LANDING 014844/27346 ...
17 Ser BWgEEh Tt oe — ete eemenin ot my EE HS OS SE gore. Seog trey . Bebe bee ea . « FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
October 6, 2000 7 Surveyor’s Field Notes for HOLLY OAKS ADDITION, for: 18.00 Acres, being part of the DAVID COMPTON SURVEY, ABSTRACT NO. 210, in Bell County, Texas, embracing that certain called 18.032 acre tract erroneously described in a deed from Owen P. Carpenter Family Estate Trust to FIRST OMEGA PARTNERS, LTD., of record in Volume 4269, Page 275 of Officia! Public Records of Reat Property of Ball County, Texas, and being more particularly described these metes and bounds as follows: BEGINNING at a 6Cd nail In rock found In the east right-of-way line of a public maintained roadwa as SOBRANTE ROAD, of record In Volume 763, Page 251 of the Deed Records of Bell said nail being the northwest comer of sald 18.032 acre tract and the northwest comer of being the southwest comer of REPLAT OF TRACT 1, SECTION 9, MORGAN'S POINT Bi
ge 251 of the Deed Records of Bell said nail being the northwest comer of sald 18.032 acre tract and the northwest comer of being the southwest comer of REPLAT OF TRACT 1, SECTION 9, MORGAN'S POINT Bi subdivision of record in Cabinet B, Silde 317-A of the Ptat Records of Beil County, Texa THENCE In an eastarly direction, with the north line of said FIRST OMEGA-tes 9 cba S min 50 sec E, 1240.09 fast), same being the south line of said REP! FRAG 9 deg 19 min 50 sec E, 330.01 feet), the south line of REPLAT OF TRA 4 POINT RESORT CITY, a subdivision of record in Cabinet A, Slide a0 S 70 deg 19 min 50 sec E, 330.01 feet) and the south right-of-way y known as WRANGLER DRIVE, of record in Cabinet A, Slide 247-C ofea at-Reoords (record call S 70 deg 19 min 50 sac E, 59 feet), SOUTH 70 deg 19 min 50 2 8 5/8” iron rod found for the southeast comer of sald WRA t-of-way, same being the southwest corner of REPLAT OF LOT 28, SECTION 9, MORGAN'S POINT, a subdivision of racord In ¥ of sald REPLAT OF LOT 28, aisoISION OF TRACT 3, LAKEWOOD 239-B of said Plat Records.
tha northeast comer of this tract, same bsing an angle point in the west line RANCHES SECTION |, a subdivision of record FIRST OMEGA tract (record call S 14 deg 12 8 Of said LOT 6 (record call S 14 deg 10 min 20 sec ST, a distance of 231.89 feet to a 6/8” Iron rod found OMEGA tract, same being the southwest comer of said RACT 2 of LAKEWOOD RANCHES, SECTION |, a of sald Piat Records, witihulng with the east line of sald FIRST OMEGA tract (record call S off, same being the west line of sald TRACT 2 (record call S 18 deg 34 SQUPH 18 deg 37 min 32 sec WEST, a distance of 379.27 feat to a 5/8” point’in the east line of sald FIRST OMEGA tract, same belng the southwest
g the west line of sald TRACT 2 (record call S 18 deg 34 SQUPH 18 deg 37 min 32 sec WEST, a distance of 379.27 feat to a 5/8” point’in the east line of sald FIRST OMEGA tract, same belng the southwest BIgo being the northwest comer of TRACT 1 of sald LAKEWOOD RANCHES, THENCE in a southerly direction, with the eas!
min 55 sec W, 232.73 feet), same be!
W, 231.9 feet), SOUTH 14 deg40 Oly direction, continuing with the east line of said FIRST OMEGA tract (record call S BC W, 277.54 feet), same being the west line of said TRACT 4 (record call S 18 deg 06 .06 feet), SOUTH 18 deg 08 min 40 sac WEST, passing at a distance of 277.64 feet a eGnd for the southwest corner of sald TRACT 1, in all a distance of 300.17 feat to a 5/8" th cap marked “All County” set in the north right-of-way line of a public maintained roadway ORGAN’S POINT ROAD, said right-of-way was called “Road No. 3, Belton Dam & Reservolr” on that plat of record:in Cabinet A, Slide 317-A of sald Plat Records and Volume 737, Page 452 Bald Deed Records, sald iron rad being the southeast comer of sald FIRST OMEGA tract and the southeast comer of this tract.
FerLty Pags.
once OL aa erica Surveyor’s Field Notes for HOLLY OAKS ADDITION, continued: THENCE In a northwesterly direction, with the south line of said FIRST OMEGA tract (record call N 47 deg 48 min 49 sec W, 1386.08 feet “along the north margin of Morgans Point Drive’), same being the north right-of-way line of sald MORGAN’S POINT ROAD, for the following four (4) courses and distances: 1. With a curve to the right (record call radius 1116.00 feet) having a radius of 1116.00 fest, a central angle of 05 deg 44 min 13 sec, an arc length of 111.74 feat and a chord which bears NORTH 47 dag 36 min 48 sec WEST, a distance of 111.70 feat to
16.00 feet) having a radius of 1116.00 fest, a central angle of 05 deg 44 min 13 sec, an arc length of 111.74 feat and a chord which bears NORTH 47 dag 36 min 48 sec WEST, a distance of 111.70 feat to a 5/8” Iron rod with cap marked “All County” set for the point of tangency of said curve to the right; (record call N 45 dag 50 min W) NORTH 44 deg 44 min 41 sec WEST, a distance of $33.16 feet to a 5/8” iron rod with cap marked “All County” set for the point of curvature of a curve to the left; : With sald curve to the left (record cal! radius 1176.00 feet) having a fast, a cantral angle of 03 deg 34 min 06 sec, an arc length of 73.2 which bears NORTH 46 deg 31 min 44 sec WEST, a distance Iron rod with cap marked “All County” set for the point of tangen and (record call N 50 deg 08 min W) NORTH 48 deg 18 673.39 foet to a 5/8” Iron rod with cap marked “All Cou right-of-way line of sald SOBRANTE SOUTH 88 deg 46 min 28 sec WEST, a ¢ THENCE In a northerly direction, with the west Jine of sald A tract (record call N 20 deg 24 min 04 sec E, 357.00 feet), same being the t-of-way tine_of said SOBRANTE ROAD (record call N 19 deg E, 3164 feet), NORTH 19 deg 19 mi EAST, a distance of 354.72 feet to the Point of Beginning, Containing 18.00 Acres.
Survey monuments found alongs th Jind dPeakdFIRST OMEGA tract, as shown on a Subdivision Plat that accompanies this descriptic arejus , B Registration No. 5103 Sear PY Pagacal-0f c.Pages