\ 5447 006169 STATE OF TEXAS COUNTY OF COLLIN VILLAGE DECLARATION OF COVENANTS, CONDITION ached hereto and made a part hereof for all purposes, such second which is not gut which is to be subsequently tiled and recorded in the Map and Plat Records The name and address of the business entity which owns the land initially made subject to this Village Declaration, which entity is the Declarant herein, is: The Villages of Kings Lake, Ltd.
14860 Montfort Suite 205 Dallas, TX 75240 on seps enema ne wn CORI ORE Rhee Greer eet Ee ae | g pcg et Pe Le el ht rea tant MEL NOL SO tt ae LOA AC OA TABLE OF CONTENTS Affiliate Article 1 Definition 1.1 1.2 Architectural Review Committee, ARC or Committee 1.3 Area of Common Responsibility.
1.4.
Articles of Incorporation or Articles.
1.5.
Association 1.6.
Base Assessment.....
1.7.
Board of Directors or Board 1.8.
Builder 1.9.
By-Laws 1.10.
Class A.....
1.11.
Class B..
1.12.
Class "B" Control Period.
1.13.
Common Properties 1.14.
Common Expenses 1.15. Community-Wide Standard 1.16 Covenants 1.17.
Declarant....
1.18 Declaration....
1.19. Design Guidelines or Subdivision Design Guidelines 1.20 Development.
1.21 Section 1.17 Dwelling Unit 1.22.
Easement Area......
1.22. Easement Area.
1.24 Governing Documents.
1.23 Exempt Property.
Improvement...
Master Architectural Review Committee or MARC Master Association Master Design Guidelines.
Master Declaration...
Modifications Committee or MC.
Notice of Dedicatory Instruments.
1.48 1.42.
Resident Special Assessment..
1.43. Specific Assessment 1.44.
Stonebridge Ranch....
1.45. Stonebridge Ranch Covenants.
1.46 Structure......
1.47 Supplemental Declaration...
Supplemental Land.
1.49. Village Declaration or Declaration 1.50 Zoning.
Article II-MASTER ASSOCIATION
anch....
1.45. Stonebridge Ranch Covenants.
1.46 Structure......
1.47 Supplemental Declaration...
Supplemental Land.
1.49. Village Declaration or Declaration 1.50 Zoning.
Article II-MASTER ASSOCIATION Article III - RIGHTS OF ENJOYMENT IN THE COMMON PROPERTIES.
3.1 Common Properties.
Unofficial 5447 006170 6 6 6 6 6 6 611 7 7 7 7 7 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 9 9 9 9 10 10 10 10 10 10 10 10 10 11 11 11 11 11 12 12 2 3.2 Greenbelt Areas 3.3 Private Streets 3.4 Residents Bound 3.5.
Restricted Actions 3.6 Damage to the Common Properties 3.7.
Rules of the Board...
3.8.
User Fees and Charges 3.9 Use of Common Properties 3.10 Construction Activities.
ARTICLE IV - ASSOCIATION FUNCTION, MEMBERSHIP AND VOTING RIGHTS 4.1.
Function of Association 4.2.
Membership.
4.3.
Voting..
4.4 Rulemaking Authority Regarding Meetings and Voting 4.5 Board of Directors.
4.6. Notice and Voting Procedures.
Article V - RIGHTS AND OBLIGATIONS OF THE ASSOCIATION; GENERAL POWERS AND DUTIES OF THE BOARD 5.1. Common Properties.
5.2. Personal Property and Real Property for Common Use 5.3.
Rulemaking 5.4.
Enforcement 5.5.
Implied Rights: Board Authority.
5.6.
Governmental Interests 5.7.
Indemnification 5.8. Dedication of Common Properties 5.9 Disclaimer Regarding Security Private Streets.........
Powers and Duties.
Board Powers....
Maintenance Contracts.
Llability Limitations..
Reserve Funds Patrol Services.
Communication Systems.
Article VI - MAINTENANCE...
Association's Responsibility.
Owner's Responsibility Standard of Performance.
Article VII-INSURANCE AND CASUALTY LOSSES.
Required Coverages Policy Requirements 7.3.
Damage and Destruction Article VIII-NO-PARTITION Article IX - CONDEMNATION Unofficial 5447 006171 16 16 16 16 17 17 18 18 18 18 18 18 19 19 19 20 20 20 21 23 23 23 24 24 .24 24 24 .26
equirements 7.3.
Damage and Destruction Article VIII-NO-PARTITION Article IX - CONDEMNATION Unofficial 5447 006171 16 16 16 16 17 17 18 18 18 18 18 18 19 19 19 20 20 20 21 23 23 23 24 24 .24 24 24 .26 .27 27 .28 28 29 30 30 Article X - ANNEXATION AND WITHDRAWAL OF PROPERTY.
30 10.1.
Property Subject to Master Declaration 30 10.2.
Annexation Without Approval of Membership.
30 10.3.
Withdrawal of Property.
31 10.4. Amendment 31 Article XI - ASSESSMENTS.
31 11.1. Creation of Assessments 31 11.2 Purposes of Assessments.
32 11.3.
Declarant's Obligation for Assessments 32 11.4.
Computation of Base Assessment 33 11.5.
Reserve Budget and Capital Contribution 34 11.6.
Special Assessments....
35 3 5447 006172 Unofficial 11.7.
Specific Assessments 11.8.
11.9 Effect of Nonpayment of Assessment: the Personal Obligation of the Owner Power of Sale.
11.10.
Subordination of the Lien to Mortgagees 11.11.
Exempt Property 11.12.
Date of Commencement of Assessments.
11.13.
Failure to Assess Article XII - ARCHITECTURAL STANDARDS.
12.1 General 12.2 Architectural Review 12.3 Review Standards 12.4 Guidelines and Procedures....
12.5 No Waiver of Future Approvals 12.6 Variances 12.7 Limitation of Liability 12.8 Notice of Compliance 12.9 Enforcement.
38 39 39 41 44 44 44 45 46 12.10 Notice of Violation 46 12.11 Notices 47 12.12 Right to Inspect..
47 12.13 Builder Performance 47 12.14 Geotechnical Reports 47 Article XIII - USE RESTRICTIONS AND RULES.
48 13.1. Plan of Development: Applicability, Effect.
48 13.2.
Authority to Promulgate Use Restrictions and Rules 48 13.3. Owner Acknowledgment.
49 13.4. Rights of Owners 49 Article XIV - EASEMENTS 50 Easements of Encroachment.
50 Easements for Utilities, Etc 50 Right of Entry 51 Easement to Master Association.
51 Easement for Access...
51
nt.
49 13.4. Rights of Owners 49 Article XIV - EASEMENTS 50 Easements of Encroachment.
50 Easements for Utilities, Etc 50 Right of Entry 51 Easement to Master Association.
51 Easement for Access...
51 Wall Maintenance Easements...
51 Retaining Wall/Fence Easements Article XV - [Intentionally Deleted] Article XW-DECLARANTS RIGHTS Article XVII GENERAL PROVISIONS.
Power of Attorney.
Further Development.
53 54 55 55 55 56 56 56 Cummulative Effect: Conflict.
57 Severability.
57 Litigation 57 17.9.
Use of the Words "Kings Lake 571 17.10 Compliance.
58 17.11 Notice of Sale or Transfer of Title.
58 17.12.
Right of City of McKinney.......
58 17.13.
Registration with the Association 58 17.14.
Disputes 59 17.15 Enforcement.
59 17.16. Validity 59 17.17. Headings.
59 17.18. Notices to Resident/Member/Owner.
59 17.19. Notices to Mortgagees 60 4 S447 006173 VILLAGE DECLARATION OF COVENAN) CONDITIONS, AND RESTRICTION FOR x ‘ KINGS LAKE | Declarant is the owner and develo m tlicularly described on Exhibit “A” attached hereto which igfa pgrt Of that Rertain ty anned community located in Collin County, Texas, and common his Village Declaration is intended to establish a sub-assoclgtion \ Anch to administer certain responsibilities with respect to the Cgfimon efined in Section 1.11, and to administer and enforce the provisions ORAS i e By-Laws. Declarant desires to impose these covenants, conditiopsr-resigi i hereto, yet retain reasonable floxibility to r !
to guide, control and maintaiyf th | { Declarant hereby d ( j Declaration and al | , title, or interest in the Propertics or any part thereof; their heirs, | Wie, and assigns, and shall inure to the benefit of each owner thereof. | aration does not and is not intended to create a condominium within the
in the Propertics or any part thereof; their heirs, | Wie, and assigns, and shall inure to the benefit of each owner thereof. | aration does not and is not intended to create a condominium within the eaning of e Tgxas Condominium Act, Tex. Prop. Code Ann., Section 81.001, et seq. (Vernon ( | { Article 1 DEFINITIONS i ‘The terms in this Declaration and the exhibits to this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.
ektagyh, EEA ese 1.1 Affiliate: “Affiliate” shall mean a partner, director, subsidiary, shareholder, officer, employee, agent, co-venturer, executor, personal representative, trustee, attorney or a Person or entity which (either directly or indirectly through one or more intermediaries), controls, is in common control with or is controlled by, another Person or entity and any Person or entity that is a director, trustee, officer, employee, agent, partner, sharcholder, subsidiary or 5 etapa i A Aa gs NGA ARE NN, S447 006174 \ attorney of any of the foregoing. For the purposes of this definition, the term “control” m legal or beneficial ownership of 10% or more of the voting interests of an entity, g possession, directly or indirectly, of the power to direct or cause the direction of the or policies of a Person or entity, whether through the ownership of voti uriticd, byky } or otherwise, 12 Architecturai Review Committee, ARC or Committee: That p' which is described and explained within Article XII.
Comittec 1.3 Area of Common Responsibility: The Commong areas, which by the terms of this Declaration, any covenants or contracts become the responsibility g may be amended.
1.5. Association: Kings Lake » Inc., a Texas non-profit
esponsibility: The Commong areas, which by the terms of this Declaration, any covenants or contracts become the responsibility g may be amended.
1.5. Association: Kings Lake » Inc., a Texas non-profit corporation, its successors or assigns, er, duty and responsibility for The body responsible for administration of the i Shin. ibaet-Laws and generally serving the same role as the other than the Class “B” Member, as more particularly described in Section 4.3(a).
1.11. Class B: The class of membership in the Association consisting of the Declarant, as more particularly described in Section 4.3(b).
1.12. Class “B” Control Period: The period of time commencing on the date of recordation of this Declaration in the public Real Estate Records of Collin County, ‘Texas, and continuing thereafter until and ending the earlier to occur of: (i) substantial completion of all development within the Properties, as determined by the Declarant; (ii) the twentieth (20") anniversary date of recordation of this Declaration in the public Real Estate Records of Collin 6 SULT 006175 of Occupancy issued thereon and have been conveyed to Persons other “B” Control Period shall also sometimes be referred to herein as the Dé 1.13. Common Propertics: All real and personal property which th’ leases or otherwise maintains or holds posscssory or use rights,J maintenance and enjoyment of the Owners and Residents, incl together with any and all improvements that are now or tha thereon. The Declarant, reserves the right to use, dq g the Cigs of the Common Properties for business matters Kings Lake. The concept of Common Propertig way lands for which the City of McKinney hag expend private, non-reimbursable time limited to: strect a, street Gud sy fairer min neigh At er, pagel geen bA st meta
ke. The concept of Common Propertig way lands for which the City of McKinney hag expend private, non-reimbursable time limited to: strect a, street Gud sy fairer min neigh At er, pagel geen bA st meta nA RE RI ess RRP St Nl EL REST RENE PA AA COR ANAL L AA eee Ean AE ofan POP nga ge Nan 48!
n, the By-Laws, and the Articles of Incorporation and also including, without gstatc taxcs on the Common Propertics, if any, and insurance premiums.
majority of the total Class “A” votes in the Association.
1.15. Community-Wide Standard: The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard may be more specifically determined by the Board of Directors and its designees, if any, but shall not be lower than the standard established by the Master Association for the Stonebridge Ranch community generally.
1.16 Covenants: All Covenants, conditions, restrictions, casements, easements, charges and liens set forth within this Declaration.
1.17. Declarant: The Villages of Kings Lake, Ltd., a Texas limited partnership, or any successor, successor-in-title, or assign who takes title to any portion of the property subject to 54h 7 006176 this Declaration and who is designated as the Declarant hereunder in executed by the immediately preceding Declarant. However, no purchasing one or more Lots from the Declarant in the ordinary c business shall be considered a “Declarant.”
1.18 Declaration: This particular instrument entitled Covenants, Conditions and Restrictions for Kings Lake”, or supplements thereto.
parser antnasase eee nh ate eee A 8 Yer sociation. These Devinn Guidelines shall be separate and distirte uidelines. It is specifically provided that neither the Declarant ne : mittee of this fessoeiation may
ntnasase eee nh ate eee A 8 Yer sociation. These Devinn Guidelines shall be separate and distirte uidelines. It is specifically provided that neither the Declarant ne : mittee of this fessoeiation may consent to do so is given by the and the Committee may coop exempt Property: The following portions of the Properties: (i) all land and governmental entity acting in a governmental (rather than a proprietary) capacity; (ii) all land and Improvements owned (including legal and beneficial ownership whether now or in the future) by the Association or constituting a portion of the Common Properties; (iii) all land and improvements at the Improvements which are not only exempt from the payment of ad valorem property taxes by Collin County, applicable school districts and the State of Texas, but are also cxempt from the payment of any assessments hereunder as expressly determined by written resolution of the Declarant or the Association; and (iv) such other lands and/or Improvements and/or Lots which are specifically exempted from the payment of Base Assessments in accordance with a special resolution of the Board.
2 ee rte gre rs ROTEL BAEC tee ery OT ANE et II NC gate Ant Ae OCA COONAN 1.24 Governing Documents: This Declaration, the Bylaws, the Articles, any rules and regulations promulgated thercunder and the Design Guidelines.
S447 006177 1.25 Improvement: Any physical change to raw land or to ar alters the physical appearance, characteristics or properties of the land not limited to, adding or removing a structure, adding or removing square or from a structure, painting or re-painting a structure, or in any way alteriny physical appearance of any land or structure.
subdivision plat of the Properties, which Lot is inte occupancy as
square or from a structure, painting or re-painting a structure, or in any way alteriny physical appearance of any land or structure.
subdivision plat of the Properties, which Lot is inte occupancy as a residence for a single family. The term shall ref ue |; ’ ‘ ot as well as any improvements thercon. The term shall not jficlty sof thgfAssociation or the Master Association, or any portion of the } ies Be i d to the public.
odifications Committce or MC: That particular committee of the Master ( vhich is described and explained within Article VII of the Master Declaration as it may be amended and supplemented from time to time.
1.33. Mortgage: A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to a Lot.
1.34. Mortgagee: A beneficiary or holder of a Morigage.
1.35. Mortgagor: Any Person who gives a Morigage.
1.36 Notice of Dedicatory Instruments. A recorded instrument filed in the Real Property Records of Collin County, Texas which shall contain or refer to Dedicatory Instruments (as such term is defined in Section 202.001 of the ‘Texas Property Code) affecting the Properties, 9 a a a ma wl crenata 85 2 FS g Se a ee eres er ee S447 006178 Texas Property Code.
1.37. Owner: One or more Persons who hold the record title to purchaser (rather than the fee owner) will be considered the Owner.
1.38. Person: A natural person, a corporation, a partnershj entity.
1.39 Plat: The two (2) separate Final PB bf the City of McKinney, Collin County, Texas, according tg cover page to this Declaration. The term “Plat” shall refer cQ ‘ s roperties. At this 1.4) Resident: Any temporarily, and may inclu Dwelling Unit, cither permanently or Owner or lessee and their respective
page to this Declaration. The term “Plat” shall refer cQ ‘ s roperties. At this 1.4) Resident: Any temporarily, and may inclu Dwelling Unit, cither permanently or Owner or lessee and their respective idge Ranch Covenants: One or more instruments recorded in the public County, Texas, which by their terms subject the real property described therein testrictfons, easements, charges and licns on such property, as such instrument(s) may be amended and supplemented from time to time, and/or any consolidation thereof.
trees, shrubbery (less than two fect high if in the form of hedge) and landscaping (the placement of which upon any Lot shall not adversely affect the appearance of such Lot) including but not limited to any building, garage, porch shed, greenhouse or bathhouse, cabana, coop or cage, covered or uncovered patio, swimming pool, play apparatus, clothesline, fence, curbing, paving, wall or hedge more than two fect in height, signboard or other temporary or permanent living quarters or any temporary or permanent Improvement to any Lot; (ii) any excavation, fill, ditch, 1.46. Structure: “Structure” shall mean and refer to: (i) any thing or device, other than diversion dam or other thing or device which affects or alters the flow of any waters in any 5 10 S447 006179 change in the grade of any Lot of more than three (3) inches from that initial approval by the Master Architectural Review Committee or the 1.47, Supplemental Declaration: An amendment or supplement to Conditions and Restrictions for Kings to time.
1.50. Zoning: “Zoning Ordina No. 1621 and all amendments theretg subject to the Mastg pwatically¥a the rights and obligations which are conferred or imposed upon the is Declaration, the By-Laws or the Articles of Incorporation, the
. 1621 and all amendments theretg subject to the Mastg pwatically¥a the rights and obligations which are conferred or imposed upon the is Declaration, the By-Laws or the Articles of Incorporation, the ed to exercise any of the rights conferred upon it and shall be subject to On shall take no action in derogation of the rights of, or contrary to the interests of the Master Association.
The covenants, restrictions and provisions of this Declaration shall be cumulative with those of the Master Declaration; provided, however, in the event of a conflict between or among the provisions of this Declaration, the Bylaws, Articles of Incorporation or Rules and Regulations pursuant thereto and the Master Declaration, its bylaws, articles of incorporation or rules and regulations, those of the Master Association shall be superior to those of the Association. The foregoing priorities shall not prevent enforcement by the Association of provisions or rules which are more stringent than those of the Master Association. THE FOREGOING PRIORITIES GIVEN TO THE MASTER DECLARATION AND OTHER ee ganna oR UN aeertn tend AANA ION PE ONY Se gtpenner apt A! SE (OARS cere PACE MR HN A in 6) gm yan RA NARA EE AE PORN WENA AAO EEDA 11 S447 006180 GOVERNING DOCUMENTS PROMULGATED BY THE MASTER ASS AND ITS BOARD, IT’S DECLARANT OR ITS COMMITTEES SHALL NOT ENFORCEMENT BY THE ASSOCIATION, THE DnGCADA COMMITTEE OR THE ADOPTION BY ASSOCIATION, THE D COMMITTEE OF COVENANTS, DESIGN GUIDELINES, A BULLETINS, RULES, REGULATIONS, BY-LAWS, ARTICLES OF I Nik nl er gel naam at in cane ON premiering, a OTN a NE A RE TRL ATOR IATAO A ADOPTED BY, ENFORCED BY OR ASSOCIATION, ITS MARC, MC, BOARD THEREOF.
and invitees, shall have a non-exclusiv Properties, and such casement shall
in cane ON premiering, a OTN a NE A RE TRL ATOR IATAO A ADOPTED BY, ENFORCED BY OR ASSOCIATION, ITS MARC, MC, BOARD THEREOF.
and invitees, shall have a non-exclusiv Properties, and such casement shall and/or deposits (c.g., key and access card deposits) policies governing, a ¢ nance of the Common Properties, including rules related to, th fed by the Declarant to develop and improve the Properties or igs or by the Association to improve or maintain the Common ings Without limitation, the Declarant or its corporate Affiliates) for the purpose of @ management, maintenance or such other materials or services consistent with D. The right of the Declarant or the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; E. The right of the Declarant or the Association to suspend the voting rights of any Member and to suspend the right of any Owner or Resident to use or enjoy any of the Common Properties for any period during which any assessment (including, without limitation, “fines”) against such Owner's or Resident’s Lot remains unpaid, or during which non-compliance with the Governing Documents exists, and otherwise for any period deemed reasonable by the Association for an infraction of the Governing Documents; S447 00618] F. The right of the Declarant and/or the Association to dedicate N of the Common Propertics to any municipal corporation, pub c authority or utility for such purposes and upon such conditions as ma Declarant and the Board; G. The right of the Declarant and/or the Association tg easements over the Common Properties for utilities, roads J H. The Governing Documents and the ter of use fees established by the J. The right of the Declarant ?
facilities situated upon the Co
ion tg easements over the Common Properties for utilities, roads J H. The Governing Documents and the ter of use fees established by the J. The right of the Declarant ?
facilities situated upon the Co Ot shall be deemed to have assigned all such rights and Rot for the period of the lease.
, imited access greenbelt areas are located upon and include ‘ommon Properties identified on the Plat as Common Area C-1 and dsc limited access greenbelt areas do not include all of Common of the Common Properties so that it will be apparent that no Person is to access as’ of the Common Propertics except those authorized by the Declarant or the Association. Entry will be permitted to those authorized by the Declarant or the Association solely for purposes of maintenance of landscaping, fencing, landscape irrigation or other Improvements within said restricted Common Properties. It is intended that these portions of the Common Propertics which are restricted to access except for certain Persons authorized by the Declarant or Association shail be used solely as no public access greenbelts, buffer areas and view corridors and not for any other purpose. These restricted areas of the Common Properties are not to be acccssed by Owners or Residents of any Lots, including, but not limited to, Owners or Residents of Lots which abut these restricted Common Properties, it being intended that ownership of a Lot abutting such restricted Common Properties does not entitle one to have physical access to these restricted Common Properties.
ah ceo Bowie 6 Se a 6 9 aaa aaaucaeeal a armani Ne eA ee ON . on LR ORT tt at at tree he est mata bot ing - OE NE Et A HN el TN A Pe PL RO dN Ale ~ i SLET 906182 eel neem ati natn ltt eee, apy ER hg me ce tn State atte
a 6 9 aaa aaaucaeeal a armani Ne eA ee ON . on LR ORT tt at at tree he est mata bot ing - OE NE Et A HN el TN A Pe PL RO dN Ale ~ i SLET 906182 eel neem ati natn ltt eee, apy ER hg me ce tn State atte 3.3 Private Streets. Another special portion of the Common Propertie private streets which are identified by name on the Plat, which private s the Association at such time as the Declarant determines it is appro obligation to, prescribe qeaulations, rules avd policies governing the use 0 which rules, eONGHE and ani may include ape limits g goverpi forcing parking regulations, speed limits and use of the street s and by Persons. Rules, regulations and policies may t and/or the Association governing traffic flow, which rulg p i ay provide for stop Signs, require that certain traffic yield to othe: ertain areas are within the Properties. In bike cross-areas may be intended to be an exclusive list ged by the Declarant and/or the ded hereby that the Declarant and the Association be given broad ¢ ) 8 se and operation of the private streets by persons and vehicles. ” Ociati ely ng obligation to adopt any of the preceding regulations or to enforce sam i ifs pns or Policies are adopted.
addition, pedestrian or bike paths ma established within the private streets.
regarding regulations, policics and r ability and responsibility of cach Owner shall be joint , guests and invitees. Association through its Board shall have Syssment as contemplated by Section 11.7, herein below for the Association as a result of the acts, conduct or omissions Shall be levied in accordance with the requirements of this Declaration Documents and will be collected in accordance therewith and in 3.5. Restricted Actions. No Owner or Resident shall permit anything to be done on or
accordance with the requirements of this Declaration Documents and will be collected in accordance therewith and in 3.5. Restricted Actions. No Owner or Resident shall permit anything to be done on or in the Common Properties which would violate any applicable public law or zoning ordinance or which would result in the cancellation of or the increase of premiums for any insurance carried by the Association, or which would be in violation of any law or any rule or regulation promulgated by the Board.
3.6 Damage to the Common Properties. Each Owner and Resident shall be liable to the Association for any damage to any portion of the Common Properties caused by the negligence or willful misconduct of the Owner or Resident or their family, guests or invitees.
3.7. Rules of the Board. ‘The Board may make and enforce reasonable rules and regulations governing the use of the Properties which extend to and cover matters such as (but 14 pace ceed YY ma rn NA NE nd RT PE capa enerh pein tae andatetadaitdi baddies nie on antacaibiacae atmetatieaaattie a :.osr tala. Somedic iaeeeatceietenee Tat cars chose tanned ne] nee ee Torneo cantamee a ne atemneemnaneaniememamenitald ee se ee 5uL7 006183 obnoxious noises and behavior, dress and attire and the supervisio children, which rules and regulations shall be consistent with the rights this Declaration. The Board shall have the power to enforce compliance regulations by all appropriate Icgal and equitable remedies, and an determined to have violated said rules and regulations shall be liable damages and costs, including reasonable attorneys fees.
= not limited to) smoking, the possession and consumption of ving beveragg 3.8. User Fees and Charges. The Board vy an operation and maintenance of the Common Prope f i
ding reasonable attorneys fees.
= not limited to) smoking, the possession and consumption of ving beveragg 3.8. User Fees and Charges. The Board vy an operation and maintenance of the Common Prope f i fail to pay a charge or fee when duc and upon written notice to said Own any Owner to pay said fee and charg these Covenants and shall result in sq rights or privileges.
, in addition, shall be a breach of ’s and such Owner’s Resident s prevent the Declfira ssOttabianefrom providing such facility at a later time, Each Owner re risks associated with the use of any Common Propertics and pf to a Lot, acknowledges that he or she has not relied upon the ‘ ant or the Association with mospect to the safety of any Common on the part gf Declarant or the Association to provide for, insure or guarantee the safety of any facility. Each Owner acknowledges that the presence of such monitoring personnel shall not in any way after the risks assumed by each Owner, his or her family members, tenants, other occupants of Owners Lot and guests of any such Persons, which risks shall continue to be assumed by the user of the recreational facility .
3.10 Construction Activities. All Owners are hereby placed on notice that Declarant, any Affiliate of Declarant and/or the Association, their respective agents, contractors, subcontractors, licensees and other designees, successors or assignees, may be, from time to time, conducting excavation, construction and other activities within or in proximity to the Properties. By the acceptance of a deed or other conveyance or Mortgage, Ieaschold, license, casement or other interest, and by using any portion of the Properties, each Owner automatically acknowledges, stipulates and agrees (a) that none of the aforesaid activities shall be deemed 15
cense, casement or other interest, and by using any portion of the Properties, each Owner automatically acknowledges, stipulates and agrees (a) that none of the aforesaid activities shall be deemed 15 eee eee Te el Sy? 006184 nuisances or noxious or offensive activities, under any applicable covenants or at law gen enter upon (regardless of whether such entry is trespass or otherwise) any property proximity to any portion of the Properties where such activities are beingagnducted being actively conducted at the time of entry, such as at night or hog hours), (c) Declarant, any Affiliate of Declarant and/or the Association aml ¢ 4.1. Function of Associatio e the entity responsible for Common Responsibility, subject to its right to delegate or assign sutpAte iDili other entitics as provided in this Declaration and the By-Laws.
n accordance with the Master Declaration, this poration and Texas law.
obligated to perform the responsibilitics of Owners hereunder. The iyileges of an Owner who is a natural Person may be exercised by the classe of membership, Class “A” and Class “B.”
(a) Class “A”. Class “A” Members shall be all Owners except the Class “B” Member, ifany. All Builders are Class “A” Members.
Class “A” Members shall have one equal vote for each Lot in which they hold the interest required for membership under Section 4.2. There shall be only one vote per Lot or if the Owner owns multiple contiguous Lots with only one residence, there shall be only one vote for multiple Lots.
a aa serene ari ™, Acker sm A a TR USAT inane ee er mpi hy eNO ENA ARO ie A me HN OO HL eR AE A RE ge fm ot Be teat A A TE ETO E TO ae Lo heen Wireman ar Shh 7 006185 In any situation in which there is more than one Owner of a partigul ar Lot,
ne ee er mpi hy eNO ENA ARO ie A me HN OO HL eR AE A RE ge fm ot Be teat A A TE ETO E TO ae Lo heen Wireman ar Shh 7 006185 In any situation in which there is more than one Owner of a partigul ar Lot, such Lot may be exercised by any one of them; provided, it shall be q written notice signed by all such co-Owners and filed with the Secretar to any vote of the membership, if such notice is given. Absent such directtong! ( be suspended if more than one Person seeks to exercise it. There shall be and the Board may snspend it the ance _ of any Member who j Documents.
(b) Class “B”. The sole Clas Class “B” Member, including the rig during the Class “B” Control Period. ’ Lot it owns.
The Class “B” mer membership upon the earlier.
“B” Control Period; or on, the Declarant so determines and declares in a Of Members for voting purposes; and (viii) stich aiher: matters concerning the ings and voting as the Board shall deem necessary or advisable.
4.5 Board_of Directors, The affairs of the Association are managed by a board of three individuals, all of whom shall be elected by the Class B Member until the end of the Development Control Period, and thereafter the number of Board members may be increased and the Class A Members shall elect all of the Directors.
The Directors clected by the Class B Member need not be Members of the Association.
Directors clected by the Class A Members shall be Members, shall be elected for two year terms of office and shall serve until their respective successors are clected and qualified. Any vacancy which occurs in the Board by reason of death, resignation, removal, or otherwise, may be filled at any meeting of the Board by the affirmative vote of a majority of the remaining Directors
Any vacancy which occurs in the Board by reason of death, resignation, removal, or otherwise, may be filled at any meeting of the Board by the affirmative vote of a majority of the remaining Directors representing the same class of Members who clected the Director whose position has become vacant. Any Director clected to fill a vacancy shall serve as such until the expiration of the term 17 Lr nena ons porn eet remit new nae sa ceasreetatadmiii “21 as andinemaen a tanto henamarerin nanmmath cen’ “ecco chemecat ores ee a eee rE al eee eteitiatalee aanmnnee Sukb&7 006186 elected by the Class B Member shall serve, and may be removed discretion of the Class B Member acting in its sole discretion. As con all Directors shall have staggered terms, unless otherwise provided in the time.
of the Director whose position he or she was elected to fill. Notwithstandiyg the abo A el Unless otherwise prohibited by the Bylaws, the Board sha ) more private workshop meetings and to have one or more public t par. The actual election of the directors shall take place in ance Vi not inconsistent with the Bylaws, the directives of : 4.6. Notice and Voting Procedures the Community-Wide Standard, subject to the right to a Master Association by mutual agreement.
perty shall be accepted by the Association and thereafter shall be maintained a Commg ense for the benefit of the Members, subject to any restrictions set forth in the “ Rulemaking. The Association, pursuant to Article XIH, may make and enforce reaxanable rules governing the use of the Properties, consistent with this Declaration and the Master Declaration and with the rules and regulations of the Master Association. This requirement of consistency shall not preclude the Association from adopting rules which are
is Declaration and the Master Declaration and with the rules and regulations of the Master Association. This requirement of consistency shall not preclude the Association from adopting rules which are more restrictive than the provisions of the Master Declaration or the rules of the Master Association.
5.4. Enforcement. The Association may impose sanctions for violations of this Declaration, the By-Laws, or rules in accordance with procedures set forth in the By-Laws, including reasonable monctary fines. {n addition, the Association may suspend a Member’s right to vote, and may suspend any services provided by the Association to any Owner or such Owner’s Lot, during the period of any delinquency in payment of assessments or other charges Sub7 006187 due to the Association. The Association may also exercise self-help and for violations or to abate nuisances.
The Master Association shall be entitled to enforce the provisions the same extent as the Association or any Owner. The failure of the Ma enforce ang of the limitations, restrictions, conditions or covenantse action at law or in equity instituted by the Master interpret said limitations, restrictions, conditio Declaration in the event that the esac shall fail or refuse to, in accordan Declaration.
request that Collin County and the ances on the Properties for the benefit of member against all expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member.
The officers, directors, and committee members shall not be liable for any mistake of
rs) to which he or she may be a party by reason of being or having been an officer, director, or committee member.
The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors nay also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member harmless from any and all liability to others on account of any such contract, commitment or action. Any right to indemnification provided for herein shall not be exclusive of 19 pra nM nett RO i he Conn A Ob DADA pened VALI ore ema AE LORRI eect RENTS rare fa sense tenon aateeteeeaatibiniene 2 <ennh demain nutans Zee oan inetd enon totam tation eee eR eran eacaaeaer von amet semamnaeren tatee cetmmnataie hememaeseel taste amimenemneetemmmtneemetntea eae Ee 5447 006188 eee pe RT Mr man gr Elm ne NA et a DR np ne rh A any other rights to which any present or former officer, director, or commitice mem entitled. The Association shall, as a Common Expense, maintain adcquajq gencral officers’ and directors’ liability insurance to fund this obligation, if su (ing ance if available.
5.8. Dedication of Common Propertics. The Association may dedic Common Properties to Collin County, the City of McKinney, Texas or federal governmental entity, provided, the City of McKinne accept any private streets for public access and maiptenance ar upon acceptance as it deems appropriate.
unty, the City of McKinney, Texas or federal governmental entity, provided, the City of McKinne accept any private streets for public access and maiptenance ar upon acceptance as it deems appropriate.
5.9 Disclaimer Regarding Securit may, but shall not be obligated to, mai anor Peaetivitics within the j Propertics designed to make the Propgtite ‘ othelqyise might be. Neither the Association, the Master Association & Master Declaration (“Master Declarant”), the Declarant hereunder, nbdr ant shall in any way be considered insurers or guarantors of operties, nor shall any of them be held liable for any loss or damage‘ rovide adequate security or of ineffectiveness of security measu o representation or warranty is made that any gate limiting vehic rtics or any fire protection system, i burglar alarm system or otfier ot be compromised or circumvented, { nor that any such systems pr es undertaken will in all cases prevent loss or : provide the detection or flrot which the system is designed or intended. Each i Owner acknowle¢ Oyenants to inform its tenants, invitees and i licensees that thg’Associ ster’Association, their respective Boards of Directors j and committe ‘ , and the Declarant hereunder are not insurers and ' oO ~ = ° = = = S wn = a an = 5 _ e wa 2 , = ~ =.
wn ~ ie] 3 at st S R ee ° = oe > = -_ = oe ° > 2 — w ° = wm S 3 ns 3 ° a, gees Arant during initial construction within the Propertics and is not : enhance the security within or safety of persons residing within the ir guests. The Declarant may, but shall not be obligated to, use such Son behalf of Declarant as Declarant, in its sole discretion, deems appropriate, including but not limited to monitoring traffic and facilitating access by authorized persons
be obligated to, use such Son behalf of Declarant as Declarant, in its sole discretion, deems appropriate, including but not limited to monitoring traffic and facilitating access by authorized persons to Lots which are under construction. Any such person employed or retained by the Declarant shalt under no circumstances be responsible for providing security to any persons or property within the Properties. Upon termination of the Declarant’s right to use the gatehouse, the Association may, but shall have no obligation to, staff or otherwise usc the gatchouse for such purposes as the Board deems appropriate; however, at no time shall the Declarant or the Association have any obligation to staff or otherwise continue any prior use of the gatchouse.
5.10. Private Streets.
CP ake greatest 9 ati ear EE Lal A A T= S&47 006189 (a) Any streets which are conveyed to the Association shall be maint Association as part of the Common Properties as set forth in Secti McKinney shall have no responsibility for maintenance of such strect8 may, but shall not be obligated to, inspect such streets and require the Assg repairs necessary to bring such streets up to the standards of public street McKinney. If the Association should fail to make any repairs withinee~we Association and the City of McKinney otherwise agrec, the Ci right: (i) to cause such repairs to be made and to s cach equal share of the cost of such repairs; or (ii) to r, make any necessary repairs, remove any gat public streets within the City, and unilatera dedicating the streets within the Propertig the balance of the reserve fund is not s converted to public streets, under (ii Association’s reserve funds allocated fk 5 streets so dedicated, as provided in Section 11.5, rivate streets, permitted on ne above, in the event
e fund is not s converted to public streets, under (ii Association’s reserve funds allocated fk 5 streets so dedicated, as provided in Section 11.5, rivate streets, permitted on ne above, in the event . If the private streets are (b) Each Owner, by age to routine police patrols, accident reports, in areas se ‘he affairs of the Association shall be conducted by its Board.
tof Degen the Properties and the Owners and Residents, may the Owners and Residents and programs which are designed only for separately identifiable subgroups of Owners or Residents, such as (but not limited to) infants, adolescents, teenagers, students, mothers and senior citizens; Cc. Taxes, insurance and utilitics (including, without lirnitation, electricity, gas, water, sewer and telephone charges) which pertain to the Common Properties; D. The services of any Person (including the Declarant and any Affiliates of the Declarant) to manage the Association or any separate portion thercof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are 21 | i i | { | i } i | B. Recreational and social programs and activities for the general benefit of | 4 D447 006190 employed directly by the Board or by the manager of the Association. The Board i authorized to hire and ¢mploy one or more managers, secretarial, c employees. The Board is specifically authorized to engage personnel consultants and computer operators) and equipment (such as computers, sog communication and transmission devices), and to administer the collect?
described within the Article XI; fb. Legal and accounting services. and all incurred by the Architectural Review Committees; 4
g communication and transmission devices), and to administer the collect?
described within the Article XI; fb. Legal and accounting services. and all incurred by the Architectural Review Committees; 4 F. 0 olbien matenalg, syppl for tax assessment purposes with regard to any of the Common Prog BA , ssociation; H. To enfer if 6ntracts with insurance companics, taxing authorities, the holders of fi ns pn the individual Lots and utility companies with respect to: (i) any taxes on sfimption and service matters; and (v) the escrow or Article XI; (iii) Wo timely pay the Base Assessment applicable to any Lot; impounding unds secured by such assets of the Association as deemed and the Board; enter into contracts, maintain one or more bank accounts and, all the powers necessary or incidental to the operation and management of the To protect or defend the Common Properties from loss or damage by suit , to suc or defend in any court on behalf of the Association and to provide adequate reserves for repairs ¢ and replacements; ° S = —_ ° ° 3 9 2 Se ° 5 ° = = [es = ° = o ° = o = ° = -_ = ° > ° Q So en me NRT WA NRA RIL PUTT EM NRA RN AIR AA fon nn A Oe NOE COTTE OD NSIS POL! et CATALAN PALO CCA TEI SPRL TT #7 L. To make reasonable rules and regulations for the operation of the Common Propertics and to amend them from time to time and to enter into concession agreements regarding products and services within the Common Propertics; M. ‘To prepare an annual operating budget and to make available for review by cach Owner at the Association offices within ninety (90) days after the end of each Fiscal Year an annual report; N. Pursuant to Article VII, to adjust the amount, collect and use any
le for review by cach Owner at the Association offices within ninety (90) days after the end of each Fiscal Year an annual report; N. Pursuant to Article VII, to adjust the amount, collect and use any insurance proceeds to repair damage or replace lost property; and if proceeds are insufficient to 22 a eonweneeum canmmpiayinaremastn dyssss yst.inymarte qeaastprrgetn uparnnconi amar act, TAT CI 5 eer a cere ties intense Fe especies 8 Geapsiapastums faci stemmanmamapiapeirmer emer reiartaadiac fx tmanaare Grn tt & S447 00619] repair damage or replace lost property, to assess the Owners in proportionate amou the deficiency; and oO. To enforce the provisions of the Governing whol g seck damages from any Owner or Resident for violation of any such pro specifically authorized and empowered to establish (and to revise and 4 a monetary “fines” system which may include component step ticketing, due process hearings and appeals and a flat rate or dig progression of fine amounts, and escalated fines for zOgeat offer shall constitute a permitted individual Lot Owner Re se and Performance Lien herein established.
The Association may: (i) lease . contract with the Declarant concerning the provision o materials and services, provided such contract terms and condftion§ in terms of price, quality and timeliness) with those that might 8 clated third partics: and, as to professional management contracts, gjation at any time for any rcason whatsoever and without penalty upon to Declarant. The Board shall noth i jt bids from unrelated third partics before Board to enter into any su i rant (absent fraud, gross negligence or willful misconduct) shall be lusive and binding upon the Association and all of its Members.
5.12.
functions of t he Association without a vote of the membership unless
sent fraud, gross negligence or willful misconduct) shall be lusive and binding upon the Association and all of its Members.
5.12.
functions of t he Association without a vote of the membership unless ing Documents, In the event or if for any reason the Board is nd on behalf of the Association and the Members, then the considtration as the Board may deem proper, advisable and in the best interests of the Association.
5.14. Liability Limitations. Neither any Owner or Resident nor the directors and officers and managers of the Association shall be personally liable for debts contracted for or otherwise incurred by the Association or for any torts committed by or on behalf of the Association or for a tort of another Owner or Resident, whether such other Owner or Resident was acting on behalf of the Association or otherwise. Neither the Declarant, the Association, its directors, officers. managers, agents or employees shall be liable for any actual, incidental or consequential damages for failure to inspect any premises, improvements or portion thereof or for failure to repair or maintain the same. The Declarant, the Association or any other Person liable to make such repairs or maintenance shall not be liable for any personal injury or other 23 PALO gee A EN Lit RIE tL PALF ONO Pa EPONA AENEAN EH ce NC ie en pnt tI RCE OT APONTE TE AOD OCI LY Bt te Et mo nes: | i | S447 006192 actual, incidental or consequential damages occasioned by any act or omjssion in maintenance of any premises, improvements or portion thereof.
5.15. Reserve Funds. The Board may establish reserve funds whic and accounted for separately from other funds maintained for annual oper?
may establish separate, irrevocable trust accounts or any other recog
eserve Funds. The Board may establish reserve funds whic and accounted for separately from other funds maintained for annual oper?
may establish separate, irrevocable trust accounts or any other recog procedures in order to better demonstrate that the amounts contributions and not net or taxable income to the Assgciation.
5.16 Patrol Services. The Association support or contract for the provision of patrol such services are provided, such services a activities or conditions affecting the Co , maintain or he extent that are a Lr mom find ho era , but not limited to private ics affecting Lots. Neither tation or warranty is made that other monitoring system or measure y such system or measure undertaken e Association, its Board of Directors and F Derlacant; are not | DNSUTEES of safety and that ication Systems. The Board shall have full power and authority to enter r similar type agreements affecting the Properties with one or more nd assigns, the sole and exclusive right in perpetuity to obtain and retain all fees, income, revenue and other things of valuc paid or to be paid by such companies pursuant to any such agreements between the Association and such communication companics.
Article VI MAINTENANCE ON NYE RTE IY 1 ArH LRT EAU IN Re LT, 8 APRA AY A Eat eet Pt A EN AREY EEE 6.1. Association’s Responsibility. The Association shall maintain the Area of Common Responsibility and shall keep it in good, clean, attractive, and sanitary condition, order, and ; repair, pursuant to the terms and conditions hereof. Maintenance obligations of the Association shall include the following: 24 D447 006193 however, certain walls, fences, sidewalks, flora, trees, open space and lan sprinkler systems lying adjacent to a Lot or between a Lot line and the bac
tion shall include the following: 24 D447 006193 however, certain walls, fences, sidewalks, flora, trees, open space and lan sprinkler systems lying adjacent to a Lot or between a Lot line and the bac private streets within the Properties shall be maintained by the Owne forth at Section 6.2, below; (b) except as provided at Section 6.2, b andsc@ping right-of-way within the Properties, unless respong) by the Master Association pursuant to the Mag ection 6.2, aig ee Ee other ft maintenance of the irrigation and the Association shall have no ent of the irrigation system lying ressly assumed by the Board); provided, of the Curb of any private street located within the he respective Lot; iyof McKinney, Texas, to the extent that the City agrees provided, however, if they refuse to undertake maintenance of the maintenance of vacant Lots as set forth at Section C3 of Exhibit “B”.
The Area of Common Responsibility described above shall not be reduced by amendment of this Declaration or any other means except with the prior written approval of the Declarant, so long as Declarant owns any property subject to this Declaration.
The Association may maintain other property which it does not own, including, without limitation, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard.
Except as otherwise specifically provided hercin, all costs associated with maintenance, repair and replacement (to the extent such is the responsibility of the Association) of the Arca of 25 eter vite nn eA pt ee a Ie AAS mia LOE AO eR te 7 NN RA A Rom re Rl A PE ACEO ARAMA PONDS wn Sheu ter Ae AE RITES OAS SLUT 006194 Common Responsibility shall be a Common Expense to be allocated among all L
vite nn eA pt ee a Ie AAS mia LOE AO eR te 7 NN RA A Rom re Rl A PE ACEO ARAMA PONDS wn Sheu ter Ae AE RITES OAS SLUT 006194 Common Responsibility shall be a Common Expense to be allocated among all L the Base Assessment, without prejudice to the right of the Associatio from the owner(s) of, or other Persons responsible for, certain portions Responsibility pursuant to this Declaration, other recorded covenants or owner(s) thereof, shall be authorized to assume such maintenance r against the Owners and their Lots in equal shar lien against hent under the Master Declaration.
In the event that the Association or t hereunder or under the Master Dec maintenance responsibilities and to as s tite ainst the Owners and their Lots in equal shares, such assessments constit ot which may be collected in the same manner as the lien for any assessmd eclaration and this Declaration 6.2. 1 be responsible for maintaining his or . parking arcas and other Improvements comprising the Lot. iti t shall be responsible for maintaining certain Improvements which lie within Properties, all of such Improvements including Improvements ayf i 6 be maintained by the Owner of the Lot include, but are not limite Walls and fencing thercon, which ae We alls shall be ion 14.7 hercin below; Sidewalks, landscape irrigation and sprinkler systems, flora and fauna rkway between a Lot line and the back of the curb of the private street within facent thereto; Any fencing, of any nature, whether or not such fencing was initially installed by the Declarant or others, which fencing lics on or adjacent to the boundary line of any Lot, even though such fencing may lic within such Common Properties. Generally, the only fencing within the Properties which will be maintained by the Association will be the fencing
ndary line of any Lot, even though such fencing may lic within such Common Properties. Generally, the only fencing within the Properties which will be maintained by the Association will be the fencing that lies within the portion of the Common Properties which is identified as Common Area A-2, Common Area B-2 and Common Arca A-4 as set forth on the Plat of the Properties; D. When maintenance obligations of an Owner of a Lot are described as obligations to maintain Improvements including, sprinkler systems, sidewalks and flora which lic between the Lot line and the back of the curb of any private street within the Properties it is intended to include parkway areas which lie between a Lot line and a back of curb of a private street with respect to the side Lot lines and front Lot lines of a corner Lot. However, if there is a Common Arca identified on the Plat as a Common Area and the Common Area lies between a 26 peer nejiak Heer tty NCR et rm BERR Ut BL bE RIAN tt Ah ARO AL, thane, Sierra 7 = ‘ pee mr meanest ite TSHR PO SRE a 5447 006195 pm nt i eat a bate ap lta, fae dagen pe wn tee pmrnete berirtattnetn Lot and a private street then the Association, and not the Lot Owner, shall maintai Common Area and Improvements therein; and Yo E In addition, there may be certain specialty fefci Declarant or others within the Properties, which specialty fencing sh accordance with the requirements of the Association by the Owners of fencing is adjacent. These specialty fencing maintenance requirer limited to, and may apply to fencing adjacent to the westerly Lo :
ccordance with the requirements of the Association by the Owners of fencing is adjacent. These specialty fencing maintenance requirer limited to, and may apply to fencing adjacent to the westerly Lo : C and Lots | and 28 in Block B and may also cgxer specie fenci 9 ,Ot lines shown on the Plat of the Properties. It is reg n ePMaintaining both the wwclude not only painting and ime as such fencing is in inside and outside of such fencing and repair, as applicable but also the repl need of replacement. Any such fencit ‘ repladed in first class condition with materials of equal or greater quality ¢ esighas existed when the fencing was originally installed.
Additional maintenancg Owner are set forth in the initial Use Restrictions and Rules whi it “B” attached hereto. In addition, the Declarant and the Board, 4 mayjadopt additional specific maintenance guidelines and standards for the maint Lots within the Propertigs a and/or the Board may adopt rules and regulations guidelines and regulations and the assessment of enforcement against the Lot and the Owner that are the Mivitics in accordance with Section 11.7 as set forth in the other enforcement rights, if an Owner fails to properly perform his or Wilitics, the Association may perform such maintenance responsibilities irced by the Association against the Lot and the Owner in accordance -j. The Association shall afford the Owner reasonable notice and an opportunity m prior to entity, except when entry is required due to an cmergency situation.
Standard of Performance. Except as otherwise specifically provided herein or in ruments creating and assigning such maintenance responsibility, responsibility for
quired due to an cmergency situation.
Standard of Performance. Except as otherwise specifically provided herein or in ruments creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary. All maintenance shall be performed in a manner consistent with the Community-Wide Standard and all applicable covenants. ‘The private streets shall be maintained to the standards of similarly situated public streets within the City of McKinney. Neither the Association nor an Owner shall be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own, except to the extent that it has been negligent in the performance of its maintenance responsibilities.
Article Vil INSURANCE AND CASUALTY LOSSES OkKLT 006196 7.1. Required Coverages. The Association, acting throug authorized agent, shall obtain and continue in effect if reasonably ave of insurance: ins ANY LI tO A NO A ELE ALE ALAA A (a) Blanket property insurance covering “risks of direct: p form” basis (or comparable coverage by whatever name d Properties to the extent that it has assumed ri replacement in the event of a casualty. If such cg cost, then “broad form’ coverage may be sub: the Association shall have policy limits su insured improvements; 8 6n Responsibility, insuring the Association and its Members sed by the negligence of the actors while acting on its behalf.
Rodrd’s best business judgment but not less than an amount equal ql Base Assessments on all Lots plus reserves on hand. Fidelity insurance aiver of all defenses based upon the exclusion of Persons serving Premiums for all insurance on the Common Properties shall be Common Expenses and
on all Lots plus reserves on hand. Fidelity insurance aiver of all defenses based upon the exclusion of Persons serving Premiums for all insurance on the Common Properties shall be Common Expenses and shall be included in the Base Assessment.
7.2. Policy Requirements. The Association may arrange for an annual review of the sufficiency of insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs.
The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.2. In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage.
However, if the Board reasonably determines, after notice and an opportunity to be heard in 28 -_ = 2 > we = e = a a z = = ° = _ = = —_ = = 2 =.
° = = ° °o a = Gj a — a f = — = QQ £ s ; g S > S 2 + 7 S pou s as 3 = = 2 .
2, se : > . ‘ gS .
3 we rT OC I TE EEE A Oe IE Ib TPES FOI. I aT TT CL a OY A em RE Bt, I MB i OR A TIE LLL SLO LL ALC LL a tN Aa OR I APY 9447 006197 accordance with the By-Laws, that the loss is the result of the negligence or willful con one or more Owners, their guests, invitees, or lessees, then the Board may specifically full amount of such deductible against such Owner(s) and their Lots pursuant to Sectié All insurance coverage obtained by the Board shall: (a) be written with a company authorized to do business in the Stat (b) be written in the name of the Association as trust Policies on the Common Properties shall be for the benefit of the (c) not be brought into contribution wi rance p occupants, or their Mortgagecs;
(b) be written in the name of the Association as trust Policies on the Common Properties shall be for the benefit of the (c) not be brought into contribution wi rance p occupants, or their Mortgagecs; (d) —_ contain an inflation guard (ec) include an agreed ama clause.
contains a co-insurance In addition, the Board shall be» policies which provide: Mable efforts to secure insurance Ne against the Association’s Board, officers, ir tenants, servants, agents, and guests; f endorsement requiring at least 30 days’ prior written notice to the Association Mion, substantial modification, or non-renewal; (f) a cross liability provision; and arate nom serena ain : eso a SPORT bac ne gm ree mam teresa Se Ae elem he a NER EWN DN ONCE LAER LNG nD Pn et eR OTE RE CLIC TINT TEE i tN ARPA EES fe per NAR (g) a provision vesting in the Board exclusive authority to adjust losses; 7.3. Damage and Destruction. Immediately after damage or destruction to all or any part of the Properties covered by insurance written in the name of the Association, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repair or reconstruction. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the condition in which it 29 9447 006198 existed prior to the damage, allowing for changes or improvements necessitated byfth in applicable building codes. O Any damage to or destruction of the Common Properties “Shg Tepgfre a reconstructed unless the Board elects otherwise.
If insurance proceeds are insufficient to cover the costs of Q en, the Board of Directors may, without a vote of the Members, levy Lot Owners to cover the shortfall.
unless the Board elects otherwise.
If insurance proceeds are insufficient to cover the costs of Q en, the Board of Directors may, without a vote of the Members, levy Lot Owners to cover the shortfall.
If any part of the Cdmmdy fics shall be taken (or conveyed in licu of and under eminent domain, ¢ shall be payable ociatign as trustee for all Owners to be disbursed as follows: wluded in the Common Properties to the extent available, unless the ny such construction shall be in accordance with plans approved by le is cORBlEt, then such award or net funds shall be distuesed to the Association and used for such purposes as the Board shall determine.
Article X ANNEXATION AND WITHDRAWAL OF PROPERTY 10.1. Property Subject to Master Declaration. Notwithstanding the annexation rights sct forth in this Article X, no property shall hereafter be made subject to this Declaration unless at the time it is made subject to the Master Declaration.
10.2. Annexation Without Approval of Membership. Declarant may, at its discretion, unilaterally, subject al or any portion of the Supplemental Land to the provisions of this 30 S447 006199 Declaration. Declarant may assign this right to annex property, provided memorialized in a written, recorded instrument executed by Deolgfam Declaration shall be construed to require the Declarant or any by Declgfans of the property subject to annexation in any manner whatsoever.
Such annexation shall be accomplished by filing a Supplem Declaration shall not require the consent of or the joinder of require the consent of the owner of such property, i shall be effective upon the filing for record of sy h annexation ess Otherwise purpose of removing property from t Reclara On, to the extent Pirate
require the consent of the owner of such property, i shall be effective upon the filing for record of sy h annexation ess Otherwise purpose of removing property from t Reclara On, to the extent Pirate included in error or as a result of ai Rs i arant’s plans for the Properties, provided such withdrawal is not unedyja he overall, uniform scheme of development for the Properties. § i all not require the consent of any Person, except the owner of the properly i ot be amended without the prior written consent property subject to this Declaration or subject to Article XI ASSESSMENTS ment shall be deemed to constitute a portion of the aellave money and consideration for acquisition of the Lot so as to have affected the purchase price) to pay to the Association (or to an independent entity or agency which may be designated by the Association to receive such monies), assessments as are set forth in this Declaration, in addition to such other assessments as may be levied by the Master Association pursuant to the Master Declaration.
All assessments, together with interest (at a rate not to exceed the highest rate allowed by Texas law) as computed from the date the delinquency first occurs, reasonable late charges, costs, and reasonable attomey’s fees, shall be a charge and continuing lien upon each Lot against which the assessment is made until paid, as more particularly provided in Section 11.8. Each such assessment, together with interest, late charges, costs, and reasonable attorncys’ fecs, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the 31 nner mn AINE LI Te ene Cees er eer MER PN GARR ee dom pcre: a NR CO PEALE NI OC SECO IOT CTE BREST FE DET O AN A Mceg mint OA ON ce PETITE eg pron mek a ame enya Ohh 7 006200
ch Lot at the time the 31 nner mn AINE LI Te ene Cees er eer MER PN GARR ee dom pcre: a NR CO PEALE NI OC SECO IOT CTE BREST FE DET O AN A Mceg mint OA ON ce PETITE eg pron mek a ame enya Ohh 7 006200 assessment arose. Upon a transfer of title to a Lot, the grantee shall be joir for any assessments and other charges duc at the time conveyance. Ho who obtains title to a Lot by exercising the remedies provided in its M unpaid assessments which accrucd prior to such acquisition of title.
Association may require the advance payment of a such certificate.
5 a ANN en nner hicieron ‘ .
en rere ema ae Pace We PRN RAE (eMart BE CNOA gh Tet trntn ur ovantemage:stesengete seca eres senranetee may include a time-price differentic otherwise provides, the Base Assessm¢ each fiscal year and shall be considered Board. If any Owner is delinquent in pi aing assessments to be paid in full @ reject partial payments of an unpaid ¢ full payment thereof. The Board may Assessments or installments thereof in by or associated with governmental or quasi-governmental entitics, and > improvement and maintenance of greenbelt casements, walkways, common bike trails, ponds, lakes, recreational areas and other properties, services and oted and related to the use and enjoyment of the Common Properties and operation of the Association, including, but not limited to or for: the payment of taxes on the Common Propertics and insurance in connection with the Common Properties; the payment for utilities and the repair, replacement and additions of various items within the Common Properties; paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for; and management and supervision of, the Common Properties; carrying out the
Properties; paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for; and management and supervision of, the Common Properties; carrying out the duties of the Board of Directors of the Association as set forth in this Declaration; and carrying out the other various matters set forth or envisioned herein or in any Supplementary Declaration related hereto. The items and areas described above are not intended to be exhaustive but merely illustrative.
11.3. Declarant’s Obligation for Assessments. During the Class “B” Control Period, Declarant may annually elect cither to pay Base Assessments on its unsold Lots in the same 32 FAERIE TTI Nh te RO at hat AE ALES NA AA temp rE RAE OY a nk Rg AO BP eA AR wi ar tomer Paton} 5447 006201 manner as any other Owner, or to pay the difference between the amount of assessments levied on all other Lots subject to assessment and the amount of actual expenditures by the Asgg during the fiscal year. Such obligations may be satisfied in the form of cash or b contributions of services or materials, or by a combination of these.
11.4. Computation of Base Assessment. ; (a) At least 60 days before the beginning of each fiscal year, the BO q budget covering the estimated Common Expenses for the cominge contribution {to establish a reserve fund in accordance with a required by Section 11.5.
i bt pth a TRA = PORE ne foundation has Lots without a 11.12, except that in the Board’s discretion, been commenced (“improved Lots”) rna re its discretion, assess lots held by a @lass WA bas iwelve months without a foundation in process thereon as an imp y Board so elects, at a higher rate than other unimproved Lots but not as high i f two or more Lots identified on er be re-platted so as to constitute
without a foundation in process thereon as an imp y Board so elects, at a higher rate than other unimproved Lots but not as high i f two or more Lots identified on er be re-platted so as to constitute be assessed as the number of Lots which { ; i i Similarly, if three Lots are re-platted into two Lots } payment of assessments which would be payable : ified on the Plat. The Board may fix the annual Base ; ste"O1 the membership, provided the Base Assessment does ments (as such limitation may have increased) then applicable ining Wie level of assessments, the Board, in its discretion, may consider other uvailable to the Association. In addition, the Board may take into account the bject to assessment under Section 11.9 on the first day of the fiscal year for is prepared and the number of Lots reasonably anticipated to become subject to During the Class “B” Control Period, the Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 11.2). Any such subsidy shall be disclosed as a line item in the Common Expense budget and shall be made known to the membership. The payment of such subsidy in any year shall under no circumstances obligate the Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and the Declarant.
33 | | | | S447 006202 The Board shall send a copy of the budget and notice of thegamount Assessment for the following year to cach Owner at least 30 days pia) fiscal year for which it is to be effective. If the Board fails for any s rigetoy p for any year, then until such time as a budget is determined, the buted!
ng year to cach Owner at least 30 days pia) fiscal year for which it is to be effective. If the Board fails for any s rigetoy p for any year, then until such time as a budget is determined, the buted!
immediately preceding year shall continue for the current year, until determined.
(b) Limitation_on Base Assessments. Although tl assessments in a lesser amount, the annual Base year shall not exceed the equivalent of $ 98.00 p month per improved Lot. The maximum § $ 195.00 et evied in any subsequent fiscal year without approval of the bbets, aS, #6n (a) above shall be determined by increasing the maxim of could have been levied for the previous fiscal year by the greateyof rcentage increase in the Consumer price Index for AN Urban Area; Base: 1982-1984 = 100) published by the Bureau of Labor artment of Labor (“CPI”). In the event the compilation and/or publicatie bstantially revised, transferred to or a*dispute arises concerning the selection of final right and power to sclect and/or formulate sscssment referenced in this subsection (b) shall énth j in a given year was sct at $100.00 (even though ‘ ei against the Lot was $80.00) then in the subsequent year the Be increased by ten percent (10%) or the increase in the CPI, bly, the maximum Base Assessment shall not be measured ssessment for the prior year but permitted increases shall be measured eximum Base Assessment regardless of the prior year’s actual Base eff owns or for which it is otherwise reGputel ble the expected li life of cach asset, and the expected repair or replacement cost. The Board shall set the required capital contribution, if any, in an amount sufficient to permit meeting the projected needs of the Association, as shown on
nd the expected repair or replacement cost. The Board shall set the required capital contribution, if any, in an amount sufficient to permit meeting the projected needs of the Association, as shown on the budget, with respect both to amount and timing by annual Base Assessments over the budget period. The reserve fund shall not be co-mingled with other funds of the Association. The Association shall cause an annual review to be performed by a certified public accounting firm to verify the amount in the reserve fund and shall provide a copy of the review to the City of McKinney. If at any time the private streets are dedicated to the City of McKinney or converted to public streets, the City shall be entitled to that portion of the monies in the reserve fund allocated to maintenance, repair and replacement of the streets so dedicated. The reserve budgets will be based upon the initial construction value of the private streets. Notwithstanding the foregoing, the reserve fund shall have a balance commencing upon the sale of a Lot to a third party (residence) but no later than one year after the recordation hereof; and thereafter, at all 34 a pea et ET EAA UN A a eo nt ane pan ements ne em na ale ec aetna te : | | | | peng re penamaemernrennereenntnenttntet Peeler R mF IRIRORN Das ener arate tne] pene ERIE ra oan rn hk PETA rep Harnett are tara anti AP MLSE re NSA een on, S447 006203 other improvements divided by the average life expectancy of those imp, of the improvements.
times. The reserve fund shall be equal to the total replacement cost of ms i 11.6. Special Assessments. In addition to other authorized assessmen may levy Special Assessments from time to lime to cover unbudgeteg unexpected repair or replacement of a capital img
t cost of ms i 11.6. Special Assessments. In addition to other authorized assessmen may levy Special Assessments from time to lime to cover unbudgeteg unexpected repair or replacement of a capital img including any necessary fixtures and personal pye emergency purposes (including without limitati judgments). Expenses paid with Special Asse unusual or ation and/or cpteman eh Cea sting meagre Rr a Yat NE ee ser er panna NAP gear ag ET I A APL CA LOOSELY [OO NE INARI BEAK ep EON Gil8 UD Nel ALR POE ean sivefCnants, invitees, or guests. The Association may also t any Lot to reimburse the Association for costs incurred in wicles, the By-Laws, and rules, provided the Board gives prior d an opportunity for a hearing in accordance with the By-Laws. In af Owner for violation of rules and regulations by the Owner or a Resident of his Lot ee to the Association and/or the Common Properties.
11.8. Effect of Nonpayment of Assessment: the Personal Obligation of the Owner: the Licn: and Remedies of Association.
A. Effective as of, and from and after the filing and recordation of cach of the Master Declarations and any Supplementary Declarations hereafter filed, there has existed and shall continue to exist a self-exccuting and continuing contract Payment and Performance Lien (hercin so called) and equitable charge on cach Lot in favor of the Association and City, as such lien rights and benefits inure to said City under Section 17.12 hereof, to secure the full and timely payment of cach and all assessments and all other charges and monctary amounts and performance obligations duc hercunder. Such lien shall be at all times superior to any claim of 35 Bocensannureree ncn enn pepe ane EN Re perc NT RNA EEL SE PRL hee RRA Wi aS a at ea ain ie SuuT 006204
erformance obligations duc hercunder. Such lien shall be at all times superior to any claim of 35 Bocensannureree ncn enn pepe ane EN Re perc NT RNA EEL SE PRL hee RRA Wi aS a at ea ain ie SuuT 006204 Association against any Lot or the Owner or a Resident thereof is not paid on the daty due, then the unpaid amount of such assessment, charge or fine shall (a c pass stated grace period) be considered delinquent and shall, together with any thereon at the highest lawful rate of interest per annum and costs of collectior 4 : | aive or otherwise escape liability for any assessment provided Common Properties or abandonment of the Lot. No diminution pr abe smenta shat! be claimed or allowed by reason of any alleged failure of the me action or to perform some function required to be taken or perfgtmed b} , Yon, or for inconvenience or discomfort arising from the making of in € which are the responsibility of the Association, or from any actio ion to comply with any law, ordinance or with any order or directive o ernmental authority, the obligation to i pay such assessments being a ovenant on the part of cach Owner.
B. If any_asseskmer ine or part thereof is not paid when due, the !
Association shall hac thesigh, and 6 © impose a late charge (but only to the extent dffitional administrative costs involved in handling the ne-price differential assessment schedule adopted by the any such delinquent assessment, charge or fine may bear | from and after the date when duc until fully paid ata rate but not to excecd the highest lawful rate of interest per annum. If i s or requires an alternate ceiling under Vernon’s Annotated Texas i 969-1.04, then that ceiling shall be the indicated rate ceiling. The ht its election, retain the services of an attorney to review, monitor and/or :
alternate ceiling under Vernon’s Annotated Texas i 969-1.04, then that ceiling shall be the indicated rate ceiling. The ht its election, retain the services of an attorney to review, monitor and/or : assassments, charges, fines and delinquent accounts, and there shall also be added { any unpaid assessment, charge, fine or any delinquent account any and all nd other costs of collection incurred by the Association.
C. The Association may, at its discretion but subject to all applicable debt collection statutes prepare and file a document in the public records of Collin County, Texas t which specifically identifies the unpaid assessments, charges or fines and that the fact that a lien i exists to secure the repayment thereof. However, failure to execute and record any such i document shall not, to any extent, affect the validity, enforceability or priority of the lien. Each Owner consents to these procedures and authorizes the Board to undertake such measures for the general benefit of the Association.
D. All agreements between any Owner and the Association and/or Declarant, whether now cxisting or hereafter arising and whether written or oral and whether implied or St47 906205 otherwise, are hereby expressly limited so that in no contingency or event whatsoever shall amount paid, or agreed to be paid, to the Association and/or Declarant or for the payment or performance of any covenant or obligation contained herein or in any other document exccpe maximum amount permissible under applicable law. If from any circumstance fulfillment of any provision hercof or of such other document at the time perform provision shall be due, shall involve transcending the limit of validity ipso facto, the obligation to be fulfilled shall be reduced to the limit of
ercof or of such other document at the time perform provision shall be due, shall involve transcending the limit of validity ipso facto, the obligation to be fulfilled shall be reduced to the limit of any such circumstance the Association and/or Declarant should ever recelv: interest by applicable law which shall exceed the highest lawful rate, such a be excessive interest shall be applied to the reduction of the actugleas and/or Declarant and not to the payment of interest or if such unpaid balance of the actual Base Assessment o indebtedness, the excess shall be refunded to Ow.
Declarant shall, to the extent permitted by ap spread throughout the full term of such ja so that the interest charged, collected or received on acco a more than the maximum amount permitted by applicable law. T us HONS paragraph shall control and supersede every other provision of a s‘% ‘ Owner and the Association and/or Declarant.
eee en NRE COR RL COTTE TIC YEE eatin OE Ash 11.9 Power of Sale. ThgaHt the preceding Section is and shall be a contract Payment and Performa @closed through judicial or, to the extent ges. The lien securing the payment of the provided for herein shall be superior to any and all other oncyfand/or home improvement purposes placed upon a Lot, in which event the jén shall automatically become subordinate and inferior to such first lien; B. liens for taxes or other public charges as are by applicable law made superior to the Associations lien; and Cc. such other liens about which the Board may, in the exercise of its reasonable discretion, clect to voluntarily subordinate the Associations lien; provided, however, such subordination shall apply only to: (i) the assessments which have been
ay, in the exercise of its reasonable discretion, clect to voluntarily subordinate the Associations lien; provided, however, such subordination shall apply only to: (i) the assessments which have been due and payable prior to the foreclosure sale (whether public or private) of such Lot pursuant to Ss ° 3 > i pore Q a .
> = = — 7] o S ga — = _ = = a ew] > = ~ < = = wa = Ss —_ °o = = vs 2 Ts o S Q.
Q o a °o = — a oS wa ae 8 3 wn = ° = 37 9447 906206 the terms and conditions of any such first mortgage or decd of trust or tax Jicn; (ii) t lien on the Lot alone and not on or to any casement appurtenant for t Common Properties. Such sale shall not relieve such Lot from liabili t assessment thereafter becoming due nor from the lien of any such subsequa subordination shall not apply where the first mortgage or deed of trust or t device, scheme or artifice to evade the obligation to pay assessmg Association in performing its functions hereunder.
11.11. Exempt Property. The following p shall be exempted from any assessments, charge ¢ A. All properties dedicated to and accg ental official; B. Common Properties; and C. Exempt Property.
ligation to pay assessments shall vhich the Lot is made subject to this budget and levies assessments pursuant commence as to cach Lot on Declaration, or (b) in which t to this Article, whichever is adjusted according to the n empining in the fiscal year at the time assessments commence on a Lot. The ntsfShall be duc and payable on the date specified by 6 same shall be automatically delinquent, with no further date sct for payment of such Base Assessment, Special pi, as applicable. The Board shall use reasonable efforts to
le on the date specified by 6 same shall be automatically delinquent, with no further date sct for payment of such Base Assessment, Special pi, as applicable. The Board shall use reasonable efforts to ¢ statement of the appropriate amount duc, but any failure to not relieve any Owner of the obligation to pay assessments. The Board a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continuc to pay Base Assessments on the same basis as for the last year for which an assessment was made, if any, until a new assessment is made, at which time the Association may retroactively assess any shortfalls in collections.
Article XII ARCHITECTURAL STANDARDS 12.1 General. No building, structure, fence, wall or improvement shall be placed, erected or installed upon any Lot and no improvements (including staking, clearing, excavation, grading and other site work, exterior alteration or modification of existing improvements, and planting or removal of landscaping materials) (collectively, the “Work”) shall take place except 38 ns ei ae fg ee eee Farr errata ht er ne rea ett Aen IN ett Pee ene Ee TRE Pe SS MR RIN i AO eg o anna taemnr nner evmeor reget a ~ i SES respnen ey mnsnm arene rity we nate iS aN ALE MRT Henn ee en PALE Un aR per ENE EY 28 4 RR Ne ean ARN NCAA SkU7 006207 in compliance with this Declaration, the Subdivision Design Guidelines and this Articl until all plans and specifications have been submitted to and approve the C Notwithstanding the above, an Owner may repaint the exterior of a struc originally approved color scheme and rebuild in accordance with originally ap specifications without first secking approval. No approval shall be required to or redecorate the interior of structures on his Lot. However, modificapie
e and rebuild in accordance with originally ap specifications without first secking approval. No approval shall be required to or redecorate the interior of structures on his Lot. However, modificapie screened porches, patios and similar portions of a Lot visible fros outside subject to approval.
All dwellings constructed on any portion of ry and built in accordance with the plans and specificatig 5 otherwise Article shall be handled by members of the Conyittec edfnot, include architects, engincers or similar 1 be established from time to time by the Board.
* but not more than five persons. Until one hundred hown.on the Plat have been conveyed to Class “A” Members and ed a Orrtificate of Occupancy, the Declarant retains the right to he Contarfitce who shall serve at the discretion of the Declarant. There is right prior to that time except in a written instrument executed by scordéd in the Collin County Deed Records. Upon the expiration of such right, members of the Committee, who shall serve and may be removed at A. quality of workmanship and matcrials, site dimensions, proper facing of main elevation with respect to nearby streets, in accordance with this Declaration and/or the Master Design Guidelines and/or the Subdivision Design Guidelines and/or bulletins; B. finished floor clevation and proposed footprint of the dwelling; C. conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping; D. the observance of and compliance with applicable setback lines and casement areas and the enhancement of aesthetic views and visual corridors to and from the Common Properties; jan -_ = n = = = Q o OQ a 4 2 =.
= ~ s QO 2 > 3S Ss Zs = ° 2 = ON AT RESIN NEI ac TT gr CG AMO nena many .
ic views and visual corridors to and from the Common Properties; jan -_ = n = = = Q o OQ a 4 2 =.
= ~ s QO 2 > 3S Ss Zs = ° 2 = ON AT RESIN NEI ac TT gr CG AMO nena many .
ae eat pape nena in rennet renneennentnteneriasioneranrnn a eeanenctn tent tnnntet e t 39 S4LT 006208 drainage plan (certified and scaled by a licensed professional engineer) BE. site plan showing all improvements, including retaining walls grade, both existing and proposed together with finished floor nies gS F. the other standards set forth within this Declaration t hereto)or or as may | be set forty within the Master oe Guidelines, thpsetes Association to carry out its duties addr The Committee may require as and See act d that the pelican | tablished by the Board under this provals from the MARC and a building Design Guidelines and any bulletins or lot r hereunder. However, the mere fact that the eWfaster Association approves plans and specifications itMwof McKinney issues a building permit with respect to a fall improvements approved by the Committes, the MARC and the City of cas (and any and all other applicable governmental agencies) within sixty (60) , ef obtaining all necessary governmental approvals therefor. All projects shall be completed within one (1) year of commencement of construction, unless otherwise approved in writing by the Committee. Upon written request of an Owner, the Committee may extend the time period for completion of the project upon such circumstances, as the Committee deems appropriate, in its sole discretion.
EACH OWNER OF A LOT AND ANY OTHER PERSON PROPOSING TO ALTER IMPROVEMENTS ON A LOT IS STRONGLY ENCOURAGED TO CONTACT THE COMMITTEE TO OBTAIN AND REVIEW THE MOST RECENT SUBDIVISION
its sole discretion.
EACH OWNER OF A LOT AND ANY OTHER PERSON PROPOSING TO ALTER IMPROVEMENTS ON A LOT IS STRONGLY ENCOURAGED TO CONTACT THE COMMITTEE TO OBTAIN AND REVIEW THE MOST RECENT SUBDIVISION GUIDELINES AND TO DISCUSS WITH THE COMMITTEE, THE ALTERATION PROPOSAL.
40 t t | | !
12.4 Guidelines and Procedures.
(a) Subdivision Design Guidelines. The MARC shall prepare the development guidelines and application and review procedures (the “Sut Guidelines”) which shall be applicable to all construction activities vy Subdivision Design Guidelines shall be subject to the prior written g of the general intent of the proposed developmant oft d ‘ assist the MARC and the Committee in pMgwing plays ations. The MARC, with g have the sole and full the Subdivision Design Guidelines available to Owners and lopment or construction within the Propertics, and all such 5 in accordance with such Subdivision Design Guidelines.
o> Declarant, as applicable, shall make the Subdivision Design availakle to B&ners and Builders who seck to engage in development or construction bperties, and all such Persons shall conduct their activities in accordance with such idflines. The Committee shall have the right, power and authority to establish A. A site plan showing the “footprint” of the building, location of all existing trees (indicate size and type) and proposed improvements, including but not limited to, structures, patios, driveways, parking areas and structures, fences and walls; B. Exterior elevations of all proposed buildings and structures; C. A description and samples of exterior materials, colors, textures and shapes of all buildings and structures; D. Landscape plans, which shall include walkways, fences, walls,
ldings and structures; C. A description and samples of exterior materials, colors, textures and shapes of all buildings and structures; D. Landscape plans, which shall include walkways, fences, walls, details, elevation changes, irrigation and watering systems, vegetation and ground cover (indicating size, spacing and quantity), and the protection and preservation of trees and other 4} S447 006210 existing and introduced vegetation; E. Utility connections, including routing K2 j sanitary sewer, telephone cables and pre-wired CATV facilities; FP. Exterior illumination and location; G. Dimensional floor plan of all enclo; aces ang@my es oF parking facilities (particularly where the garages face trect); H. Mailbox location 1, The items dgseri or information requested or deemed reasé PRIOR TO ACQUIRING ANY PURCHASER, TRANSFEREE, MOST RECENT p ks GYIDELINES WHICH WILL RUCTION AND USE OF THE §{ preliminary plans and specifications to the MARC subsequent to Architectural Review Committee for Kings Lake; Submit final plans and specifications to the Architectural Review gs Lake and the MARC; and D. Submit plans and specifications to the City of McKinney.
The Committee is authorized and empowered to and shall consider, review and comment on preliminary plans submitted in duplicate on an informal basis to assist Owners, developers, Builders and prospective purchasers of the Lots in complying with these Covenants and to assist in the completion of any feasibility studies undertaken by such Persons. The Committee shall have the right, however, to prescribe reasonable limitations concerning the time, effort and expense likely to be involved in handling such matters on an informal basis. If the preliminary
ittee shall have the right, however, to prescribe reasonable limitations concerning the time, effort and expense likely to be involved in handling such matters on an informal basis. If the preliminary plans and specifications are approved by the Committee, the Owner or the Owners s designated representative will be so advised in writing. If found not to be in compliance with these Covenants, the Subdivision Design Guidelines or architectural bulletins, the Owner or the Owners designated representative will be so advised in writing containing a reasonable statement and explanation of items found not to comply with these Covenants, the applicable Subdivision 42 UN ed Ne ee AG ae NTT EIN CEE Rt BRED Ota BCI PN OPN NN SEA Og amet wt nt sale tn pe le Ns i! te seoniananet tet Ane" Nan Yani ngpatae tnt e, S447 006211 date on which a complete (as determined by the Committee in its sole discrey ibmiss received, the applicant may give the Committee written notice of such failure ‘ that, unless the Committee responds within twenty (20) days of receipt of such na of the matters submitted shall be presumed. Comments on and approvals of prelit and specifications shall be binding upon the Committee provided that conforet Design Guidelines. If the Committce fails to respond within twenty (20) days SS the commencement of construction pending final approval.
The Committee may conditionally approve preliminary < to allow wiicd marked “Disapproved,” accompanied by a reasonable stateme apati it@ms found not to comply with these change to the approved set of finalf{pla i surveys must again be submitted to Committee’s approval or disapproval, as required herein, shall be ir i ittge fails to approve or disapprove such final plans, specifications and 1 0) days afler the actual date on which a
submitted to Committee’s approval or disapproval, as required herein, shall be ir i ittge fails to approve or disapprove such final plans, specifications and 1 0) days afler the actual date on which a INFORMAS QN, ANY, applicatio under and may require that such fees be paid in advance and in full prior to the review of any application (which may include additional fees for the review of resubmissions of any application or for expedited review of any application).
(d) Assistance. The Committee shall be entitled, at any time and from time to time, to associate or employ a staff and to seek and obtain professional advice and counsel (including but not limited to architects, attorneys, designers, engineers and landscape technicians) in connection with the performance of its dutics with all reasonable costs and expenses related thereto paid for or reimbursed by the Association. The Association may, in turn, reasonably recoup some or all of these expenses from the applicants seeking review and approval of plans and specifications.
oO < al O = ° &.
OQ o ° ms wn OQ = z bo = oO ° a=] QO w s oO 3 p wn o =.
s ge ~ = S = < =.
a n an San A NI np gt TERE RN SA Met Pe Li nee cy AN LER A A EY Senta PA A AERO CA NT AAR! IANO At NAAR ARAR IY TIO AACE SAIN (ec) MARC. Subdivision Design Guidelines shall be consistent with the rules and guidelines promulgated by the Master Architectural Review Committee (“MARC”) established 43 SuLT 006212 pursuant to the Master Declaration. Notwithstanding the above, th Guidelines may be stricter than the Master Design Guidelines establish Declaration. Any amendments to the Subdivision Design Guidelines s and modifications commenced after the date of such amendment only at require modifications to or removal of structures previously approved
ration. Any amendments to the Subdivision Design Guidelines s and modifications commenced after the date of such amendment only at require modifications to or removal of structures previously approved construction or modification has commenced.
incorporated herein by reference, guarantees t Every Owner, by acceptance of an interest ir specifically disclaims any and all repro regard to the enhancement of privacy releases Declarant, the Association, t directors of any partner, agents, employ and all loss, damage or liability rele Work done or proposed, o consent of such Committee, approval or consent as to other matter requiring the approval and d to constitute a waiver of any right to withhold or other matters subsequently or additionally gfned reasonable, appropriate and prudent by the Committee, as ired when circumstances such as topography, natural obstructions, Yironmental conditions or considerations or other matters so require.
ad qwaey’ | and “bonpeicly” are considered by the Committee from an Sof any financing shall not constitute hardships.
12.7 Limitation of Liability. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only, and the Committee shall not bear any responsibility for ensuring (i) structural integrity or soundness of approved construction or modifications, (ii) compliance with building codes and other governmental requirements, or (iii) conformity of quality, value, size or design among Lots. No approved approval of any application shall not be deemed to be a representation or warranty that the construction or modification of any improvement pursuant to such approval will be free of defects in the quality
oval of any application shall not be deemed to be a representation or warranty that the construction or modification of any improvement pursuant to such approval will be free of defects in the quality of materials or labor provided or in its design. Each Owner should obtain whatever soils reports, foundation studies, and/or enginecring studics the Owner deems necessary to determine the adequacy of construction of any improvement prior to the purchase of a Lot. Neither the Declarant, the Association, the Board, the Committee or member of any of the foregoing, 44 | : | oT AA LRA nal ih ma NAN, Apa ence net PO NATL Se MOTO BIS gh ES A ANN EAA ARNE ELISE TS Merten wees” Naa eNO apa BEAL PN AE ART MOONS 8, Sty nome Rr rte Ng nt NE Eb ee He en Eo Phat Bn pe et ont RENEE NTC DNAS AAT TREMAINE | ANE A PERE S447 006213 shall be held liable for soil conditions, drainage or other general site work, defects in Plans revised or approved hereunder, or for any injury, out of the manner or quality of approved construction on or m Plans and specifications are not reviewed or approved for enginccring or technical quality of materials, and by approving plans and specific Committee nor the Association, any Members thereof, any Mem} the Declarant assumes liability or responsibility therefore, structure constructed from such plans and specifications.
Association, nor the MARC, nor the MC, n managers, members, ib and agents o s, directors, damages to property affected by these rextuletions by s a i , negligence, or nonfeasance arising out of or in conn approve or disapprove any such specifications and no publication bulletins or lot information sheets sh?
plans, specifications, guidelines, bu improvements which are in cop ith‘applicable building codes. Every Person who
e any such specifications and no publication bulletins or lot information sheets sh?
plans, specifications, guidelines, bu improvements which are in cop ith‘applicable building codes. Every Person who submits plans or specificati ch and every Lot, agrees that he will not bring any action or su or the officers, directors, mbérs, employees and agents of any of them, to recover any such damages cages, remises and quitclaims all claims, demands bvisions of any law which provides that a general s, demands and causes of action not known at the time the Siation there are no known violations of this Article. The Association is spect the Lot at any time before or after issuance of a Notice of Compliance.
issue the Notice of Compliance or notify the Owner in writing of the basis for . This notice shall include a description of the violation(s) and the action necessary to correct the violation(s). In the event the Committee fails to cither issue the Notice of Compliance or advise the Owner by written notice of the basis for its non-issuance within the time set forth above, the Owner may give the Committee written notice of such failure to respond, stating that, unless the Committee responds within three (3) business days of receipt of such notice, compliance with this Article shall be deemed to exist. The issuance or deemed issuance of a Notice of Compliance shall estop the Association from taking enforcement action with respect to any violation of this Article reflected in the records of the Association at the time of the issuance or deemed issuance of the Notice of Compliance, except as to those violations actually known to the Owner or transferee. In the event an Owner transfers title to a Lot without
the time of the issuance or deemed issuance of the Notice of Compliance, except as to those violations actually known to the Owner or transferee. In the event an Owner transfers title to a Lot without obtaining a Notice of Compliance, the transferee shall be responsible for correcting the violation(s) and shalt be subject to all the remedies available to the Association to enforce violations of this Article.
45 .. i “ae cae pte ae, Scala tne ge ete NN neh Rh mi NTN) a yee 2 ee ig event neneasein omnes me EIT cee atte hee ger Pater 0 ne pee ON tna imme ue nO Ne gin FOC ey AN ae nn ph NN TNR Ae pene nA Ne S447 00621b In addition to the foregoing, any Owner m Committee issue a Notice of Co ay request, from tune to ti mpliance with respect to his or her ie ss either grant or deny such request within ten (10) business days aftenyécei request. If the request is granted, the Committee shall have ten (10) busg acceptance of the request to either issue the Notice of Compliance or notify th of the basis for non-issuance. This notice shall include a description j action necessary to correct the violation(s). In the event the Com Notice of Compliance or advise the Owner by written notice of within the time set forth above, the Owner may give to respond, stating that, unless the Committce respo of such notice, compliance with this Article shafl B issuance of a Notice of Compliance shall estog the with respect to any violation of this Article of the issuance or deemed issuance of c actually known to the Owner.
priforcement action the Association at the time Spt as to those violations 12.9 Enforcement. In additio violations of these Covenants, including Declarant and/or the Association and Owner’s Improvements to the g6nditi without limitation, the demofitio.
Improvements were commend
9 Enforcement. In additio violations of these Covenants, including Declarant and/or the Association and Owner’s Improvements to the g6nditi without limitation, the demofitio.
Improvements were commend plans. In addition, the Declaré obligation to do so, sych MVners for violations thereof, the Way require any Owner to restore such D the construction thereof (including, any unapproved Improvement) if such &ted fn violation of this Article and/or the approved sPciation and/or the Committec may, but has no olition and removal and levy the amount of the nt against the Lot upon which such Improvements material violation of these Covenants shall be deemed to Ytcn approval of the Committee has been obtained where it dsight reveals that the actual plans and specifications would Committee had they been properly and timely submitted, Person fails to commence <, Deglarant or the Association shall be a ure fo the Owner, to enter upon the Lot and toAissegs ail costs incurred against the I nt to Section 11.6.
and diligently pursue to completion all uthorized, after providing notice and an and remove or complete any incomplete -ot and the Owner thereof as a Specific addition to the foregoing, the Association and Declar Standing to pursue all legal and equitable remedies Article and the decisions of the Comrnittee.
ant shall have the authority and available to enforce the provisions of this 12.10 Notice of Violation. To evidence any violation of this Article or Article XI by any Owner, the Board may file, but is not required to file, in the Deed Records of Collin County, Texas, a notice of violation setting forth (i) the violation, (ii) the name of the Owner and Lot, and (iii) a sufficient legal description of the Lot. Such notice shall be signed and acknowledged by an
exas, a notice of violation setting forth (i) the violation, (ii) the name of the Owner and Lot, and (iii) a sufficient legal description of the Lot. Such notice shall be signed and acknowledged by an officer or duly authorized agent or attorney of the Association. The cost of preparing and recording such notice may be assessed against the non-conforming Lot and collected as a Specific Assessment pursuant to Section 11.6.
i eM Penne PEP Bi ten e ; A Ri AR tr Ae te Ne mm NR Eo nt dys ALOE 9 in Or 46 S447 906215 time the envelope containing such notice, properly addressed and pos with the United States Postal Service, registered or certified mail, returt the time it is delivered by facsimile transmission, with proof of reccipt. Pers 12.11 Notices Any notice under this Article shall be deemed ro c personally delivered or sent by facsimile transmission (provided sent after 5:00 p.m. shall be deemed received on the yext busing the postmark date, whichever is sooner. > improvement or maintenance or allt Improvements shall be constructed, wfintained on any Lot in a f the City of McKinney, Texas or BE: ons. However, Declarant, the * directors, managers, agents and cport the violation of any such law, any other applicable governmental Association, the Committee and thei “#ffcrefore, the Association, the Commiltee the Declarant ot be responsible for, or guarantors of, performance by any setifat Owner has not, in entering into any contract with a Builder, relied upon any representations, oral or written, of the Association, the Committee, the Declarant or any Affiliate of Declarant or any salesperson.
12.14 Geotechnical Reports. Geotechnical investigation reports are available for the Propertics. Geotechnical engineering consultants were obtained to perform geotechnical
eclarant or any salesperson.
12.14 Geotechnical Reports. Geotechnical investigation reports are available for the Propertics. Geotechnical engineering consultants were obtained to perform geotechnical inspection and testing relative to the general stratigraphy of the subsurface material present at the Properties. The reports are available for Builders, Lot Owners and their respective engineers and the Declarant or the Board will provide a copy of such report upon written request, for so long as such reports are available. The reports and all statements, accommodations and conclusions stated therein and any other discussions or communications with respect thereto are furnished with the express understanding that such reports will be for gencral information purposes only.
= O° = = = wn Q = = Q = peed = = a.
= Rn cs Q aQ pie > = — Me 3 ° 3 Lo} = ~ “< vt Oo G le TIT SMAI LLTT I IOANS dN I A Se NMI Bb KERNEN rf NA EL OE tg An POR IO OEIC AE LCCC CLR OLE AAALAC NS Pe paar ret ey perenne NL art ARC ight NEN Ce I NE ACCOLADE «ALANA A A a TT ON 47 5447 006216 thereof. Each Builder and Lot Owner is strongly advised to co such investigations as they deem necessary for purposes of proper construc Properties. Each Builder and the owner of any Lot are advised to make th investigation of construction sites and are responsible for reaching their ow respect to the design of improvements on cach Lot insofar as same ar.
and subsurface elements of the construction site. In no eve Association be responsible for conditions which differ, from tho reports obtained by the Declarant nor shall the Agé conduct additional investigations or inspections Neither the Declarant or the Association warrants or represents the gy Declaration, this Declaration, the Master Declaration an
arant nor shall the Agé conduct additional investigations or inspections Neither the Declarant or the Association warrants or represents the gy Declaration, this Declaration, the Master Declaration an g$ce and all occupants of the leased Lot shall be bound by the aration, this Declaration, the By-Laws, and the rules of the Association nay be modified in whole or in part, repealed or expanded as follows: (a) —_ In accordance with its duty to exercise business judgment and reasonableness on behalf of the Association and its Members, the Board, with the consent of the Declarant as long as the Declarant owns property subject to this Declaration, may adopt rules which modify, cancel, limit, create exceptions to, or expand the use restrictions set forth on Exhibit “B” and set forth in the Notice of Dedicatory Instruments.
(b) At least 30 days prior to the effective date of any such action under subsection (a) of this Section, the Board shall send a copy of the rule to cach Owner. The Association shall provide, without cost, a copy of the use restrictions and rules then in effect (hereafter “Use Restrictions and Rules’) to any requesting Member.
48 S447 006217 13.3. Owner Acknowledgment. All Owners and occupants of Lots are giv use of their Lots is limited by the Use Restrictions and Rules as they m and otherwise modified hereunder. Each Owner, by acceptance of a agrees that the use and enjoyment and marketability of his or her Lot ca 13.4. Rights of Owners. Except as may be specific Declaration (cither initially or by amendment) or in, Exhibit “J Board nor the Members may adopt any rule in violay (a) Equal Treatment. Similarly si similarly, (b) Religious and Holiday B ‘ holiday signs, symbols, and decoratidns inefft displayed in residences located in singh
Members may adopt any rule in violay (a) Equal Treatment. Similarly si similarly, (b) Religious and Holiday B ‘ holiday signs, symbols, and decoratidns inefft displayed in residences located in singh except that the Association may ado Noperty restricted to residential use, and it may restrict or prohibit nonctary costs for the Association or other Owners, that create a danger dccupants of other Lots, that generate excessive noise or traffic, that s. The Association may adopt reasonable rules designed to minimize damage to other Owners and occupants, including rules requiring damage deposits, waste and fair share use of the Common Properties. Nothing in this provision shall prevent the Association from requiring removal of any animal that presents an actual threat to the health or safety of residents or from requiring abatement of any nuisance or unreasonable source of annoyance.
(f) — Allocation of Burdens and Benefits. No rule shall alter the allocation of financial burdens among the various Lots or rights to use the Common Properties to the detriment of any Owner over that Owner’s objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Properties available, from adopting generally applicable rules for use of Common Propertics, or from denying use privileges to those who abuse the Common Properties, violate rules or this Declaration, or fail to 49 a carmen te nh ineniianlrabonigen, AO EN IE TON Se pit FTO ne en tt Ate TNA OA eee AD A OR IANO A tC EN NIH Lem pet mar petty - 2 Se ag APOE pa ar 8 AON he ted TO et MO eR Hee as provided in Article XI.
(g) Alienation. No rute shall prohibit leasing or transfer of any"Lg of the Association or Board for leasing or transfer of any Lot; provided, ths
AON he ted TO et MO eR Hee as provided in Article XI.
(g) Alienation. No rute shall prohibit leasing or transfer of any"Lg of the Association or Board for leasing or transfer of any Lot; provided, ths Board may require a minimum lease term of up to six months. The Assgci Owners use lease forms approved by the Association, but shall not j transfer of any Lot greater than an amount reasonably based on th costs to administer that lease or transfer.
(h) Reasonable Rights to Develop. § unreasonably impede the Declarant’s righ h the recorded development plats for the Properties or of (i) Abridging Existi ip f fise require Owners or occupants of Lots to é dat the time they acquired their interest in The Lot and such ow se with all rules in force at that foot, as m@ysurcq from any point on the common boundary along a line perpendicular to such boundary. Hpweyer, in no event shall an casement for encroachment exist if such encroachment ianiia cicrsaiiaicaahanere I ET tings rE, PY en hee ed a ete I ea rr dG LZ erga et ena ernie tue yee Na ere AT A SANS ELLE IES FEENEY FARE: SA tN OER 28, moran yore ' _ 14.2. Easements for Utilities, Etc. There are hereby reserved unto Declarant, so long as the Declarant owns any property subject to this Declaration or subject to annexation under Section 10.2, the Association, the Master Association, the City of McKinney Sanitary District and gas, electric, telephone and other utility companies, access and maintenance easements upon, across, over, and under all of the Properties to the extent reasonably necessary for the purpose of replacing, repairing, and maintaining any Common Properties, fences, improvements within Common Properties, cable television systems, security and similar systems, roads, walkways,
for the purpose of replacing, repairing, and maintaining any Common Properties, fences, improvements within Common Properties, cable television systems, security and similar systems, roads, walkways, bicycle pathways, wetlands, drainage systems, streets, sidewalks, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, and electricity, and for the purpose of installing any of the foregoing on property which it owns or within easements designated for such purposes on the recorded Plat of the Properties. ‘This easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or 50 eee eneanranmerreesnctnmeamarcas naveltapapyaeainanrtte tt aegis ayes reted Sen fees, D4ET 006219 utilities over, under or through any existing dwelling on a Lot, and any damage to a a Lot resulting from the exercise of this casement shall promptly be expense of, the Person exercising the casement, The exercise of unreasonably interfere with the use of any Lot and, except in an emergencyfA shall be made only after reasonable notice to the Owner or occupant.
scar ja eae Le a BEI mgt negro 14.3.
enter upon any Lot for emergency, < Article VI of this Declaration, to exerdi inspect for the purpose of ensuring cofppli i laration, the By-Laws, and rules, which right may be exercised by any not the obligation, to maintenance pursuant to Abulance personnel, and similar emergency personnel in the perf é ics Except in an emergency situation, entry shall only be during reasonablg gr nofice tothe Owner, any damage caused by entry right of the Association to to cure any condition which may inerease the
nofice tothe Owner, any damage caused by entry right of the Association to to cure any condition which may inerease the goes g of a fire or other p vegit an Owner fails or refuses to cure the condition Association. The officers, agents, employees and independent Association shall have a nonexclusive casement to enter upon the f performing or satisfying the dutics and obligations of the Master the Master Declaration, its by-laws and rules and regulations, and to therein granted to the Master Association.
and personnel; for school buses; for U.S. Postal Service delivery vehicles and personnel; for other government employces in pursuit of their official duties; and for vehicles, equipment and personnel providing utility service or garbage collection service to the Properties; provided, such easement shall not authorize any such Persons to enter the Propertics except while acting in their official capacitics. The existence of this casement shall not preclude the Association from maintaining gates or other devices or systems designed to limit general vehicular access to the Propertics, provided that the Association at all times maintains systems and/or procedures to permit the entry of Persons authorized to excrcise the casements granted in this Section without unreasonable interference or delay.
14.6 Wall Maintenance Easements. The provisions of this Section 14.6 apply only to Lots which are designated on the Plat with triangles as Zero Lot Line Lots and to Lots which are 31 GQ = Q oO po] —_ o , = = oO = cS = = = i) z s S £ = oe S QO = oO wn a :] o = ion o =.
= Qo = oO 3 QO = ga oO = OQ < Go =.
i Qo wn aQ = = Q =] =
Lots which are 31 GQ = Q oO po] —_ o , = = oO = cS = = = i) z s S £ = oe S QO = oO wn a :] o = ion o =.
= Qo = oO 3 QO = ga oO = OQ < Go =.
i Qo wn aQ = = Q =] = FCRIII ae nr ATO a ENR YENED Ime eeren ttt EO ANOS ELM I ng OYE MR PRA RE OR at ee ETO CR A aE 8 | 5447 006220 appurtenant to the Zero Lot Line of a Zero Lot Line Lot. The Lots upon which such triq located and the Lot Lines to which they point are the Lots and Lot Lines u dalor dwelling wall shall be located. Lots within the subdivision adjacent to a conveyed subject to a three foot (3') wide maintenance casement, as show which maintenance casement shall be appurtenant to the adjacent Zero Lot. The grant and reserve such easements is hereby reserved by Declarant for itgalee interest. Said casements, the uses and purposes of which are set oud reserved by reference to this Section. The following ry les prescrip uses of said easements, both by the Owner of the ca t (the B Owner of the land subject to the easement (the Servjg (a) The Servient Tenement, except ag the use of the surface of the easement arey repairing and rebuilding of the side wall 6 and abutting the easement area and for { Unit of the Dominant Tenement if proper (b) The Dominant Tenement, sh? ight a g i ence, lawn, landscaping, trees and/or rea, smicnk shall Maintain Improvements in the casement ance with the Community Wide Standard and structures located within such Dominant Tenement. The D ‘Tenement and the Servient Tenement shall have the right of and under the surface of the easement area. Both the ithe SerWéht Tenement shall have the right to maintain subsurface water o dtain on to the Easement Area with rainwater downspouts. Neither easoMent arca in such a manner as will interfere with any such drainage
ht Tenement shall have the right to maintain subsurface water o dtain on to the Easement Area with rainwater downspouts. Neither easoMent arca in such a manner as will interfere with any such drainage use the casement area for drainage of runoff from sources other than in water andjlandbcape irrigation systems.
‘ dither Tenement shall attach any object (including, but not limited to, ivy, rior light, dryer vents, utility risers or landscape irrigation service or control boxes) to the side Of vall facing onto the casement area. No structure shall be constructed or placed upon the casement area by the Servient Tenement, except that utility meters which serve the Servient ‘Tenement may be placed within the casement arca so long as same are properly screened and sited toward the front Lot line as approved by the Committee. No structure shall be constructed or placed upon the easement area by the Dominant Tenement which will interfere with the drainage of rain water and water sprinkler runoff and with access to the easement and maintenance of the wall by the Servient Tenement. Fencing, brick, wood or concrete patios or decks, decorative paving, stones or pavers, jacuzzis, spas, hot tubs, outdoor cooking appliances and lighting equipment are permitted in the casement area if approved by the appropriate reviewing body, so long as such structures do not interfere with the drainage over the casement area or with access to and maintenance of the Servient Tencment's side wall. The owner of the Servient Tenement must gutter all roof areas which would drain onto the Dominant Tenement and, if reasonably possible when costs and construction concerns are considered, must install aga NE NNN NR EB NR NT REN tt OO TOR fad ON OEE A AE ; Oa iN eS BIEN Pict - Pen enn coe mine EN NRE ES
ent and, if reasonably possible when costs and construction concerns are considered, must install aga NE NNN NR EB NR NT REN tt OO TOR fad ON OEE A AE ; Oa iN eS BIEN Pict - Pen enn coe mine EN NRE ES FAURE ENN Ne Re ae | NE IR MEAS DOR Ope eye altima art ne: ne ttn ee gO ROO ETRE Oe S447 006221 atone ramen perenne BAe Neenah RA AAT AAALAC CRANE Md A eS RA NITE AN from the Dominant Tenement.
(e) The Owner of the Servient Tenement, as a condition to the exe access provided for, shall indemnify and hold harmless the Owner of the Do from damage to shrubs, plants, flowers, trees, lawn, sprinklers, hose bibe 14.7 Retaining Wall/Fence Easements.
A. Definitions. For purpose previously defined in Article 1 of this Declaratio, (a) “Retaining Wall” shall Common Boundary, with its face on the Pe a A A ce CO ACR LRTI SOLIS OE (c) “Dominant Est the Retaining Wall, with the fa ctweén two adjoining Lots, the Lot containing Wall being on the Common Boundary.
taining Wall Easement Area. A perpetual non-exclusive casement on, Retaining Wall Easement Area of the adjoining Servient Estate is hereby nd approval of the Committee.
Nothing shall be done or permitted within the Retaining Wall Easement Area which would constitute a threat or hazard to the health and safety of the Residents of cither the Servient Estate or the Dominant Estate, nor shall anything be done or permitted within the Retaining Wall Easement Area which defaces the Retaining Wall or the landscaping on cither the Servient Estate or the Dominant Estate, or which adversely affects the integrity, structure or strength of the Dwelling Unit on either the Servient Estate or Dominant Estate.
The uses permitted within cach Retaining Wall Easement Area by virtue of this Section
ffects the integrity, structure or strength of the Dwelling Unit on either the Servient Estate or Dominant Estate.
The uses permitted within cach Retaining Wall Easement Area by virtue of this Section shall be nonexclusive because same may be subject to utility, access and drainage easements, as 53 Risin i igor rerrpagnmernneree chien Meseiialinen tediacinsshaa-pet diamatandemaatie = eneemesdened oh aonelanen tos dammeneentebaatanemntan ced ntiie seahdiimmadaattinaeaandans fran to i Ye satan Pann NON gh SULT 006222 Easement Arca are subject to any casements granted elsewhere in this D tion.
C. Rights of Entry. The Owner of each Dominant Estate agents, representatives, contractors, etc., of such Owner) shall have a reasor right of entry, access, ingtess, caress and en upon the Retaipi ¢ Dominant Owner’s expense to at Icast the same ly entered the Servient Estate. Any damage to the fient Estate in the performance of maintenance shall be reasonably restored at the Servient Owner’s expense isted prior to the damage.
Dominant Esta’ eeeponsibilit 96 6 repair or restore the Retaining Wall in the manner consistent with its on, unless otherwise approved by the Committee.
8 ould any party fail and/or refuse to appoint an arbitrator within ten (10) days ater written request by the other party, the requesting party shall appoint an arbitrator for the refusing party. The arbitrators appointed shall appoint one additional arbitrator. The decision by a majority of all three arbitrators shall be binding upon the parties and shall be a condition precedent to any right of legal action that cither party may have against the other. The Association and/or the Declarant shall have no responsibility in resolving any disputes between Members concerning a Retaining Wall.
Article XV
action that cither party may have against the other. The Association and/or the Declarant shall have no responsibility in resolving any disputes between Members concerning a Retaining Wall.
Article XV {Intentionally Deleted] pore en Re RN RR A A tI i ttt AT ae LEBEN TD 8 TOE MESO ON RAIN ae ere A Tain nD en Wt Rm nes pT ety or HN NR 54 cn eeweate AT Pent re DIENT Sen 95, eS BORE ln Be O08 et ne amine aes eet EE Rls» eee ne ee S447 906223 Article XVI DECLARANTS RIGHTS ; Any or all of the special rights and obligations of the Dec Declaration or the By-Laws may be transferred or assigned, temporarily | or pre Detsane, provided that the transfer shall not reduce an ee nor enj written instrument signed by the Ged anal and duly recorded in J of Collin County, Texas.
So long as construction and initial saleg s Aarant and any may maintain and carry on upon portions of the Propertijgs iliesng i in the sole opinion aptal to the construction or sale of such Lots, including, but not Ii model homes, and sales offices. The Declarant and authorized such facilities.
perticg and not specifically reserved to the Owners or Members hereunder; To sign, execute, acknowledge, deliver and record any and all instruments which modify, amend, change, enlarge, contract or abandon the subdivision plat(s) of the Properties, or any part thereof, with any casements and rights-of-way to be therein contained as the Declarant shall deem necessary, proper and expedient under the conditions as may then be existing; and (c) To sign, execute, acknowledge, deliver and record any and all instruments which modify, amend, change, enlarge, contract or abandon the terms within this Declaration, or any part hereof, with such clause(s), recital(s), covenant(s), agreement(s) and restriction(s) as
uments which modify, amend, change, enlarge, contract or abandon the terms within this Declaration, or any part hereof, with such clause(s), recital(s), covenant(s), agreement(s) and restriction(s) as Declarant shall decm necessary, proper and expedient under the circumstances and conditions as may be then existing.
The rights, powers and authority of said attorney-in- -fact to exercise any and all of the rights and powers herein granted shail commence and be in full force upon recordation of this 55 § ” Ae AERA pe a pumee nete Fomarima ymee Pene RF SOY PONE Bn pt cm yt ALN Sy Se NRE st Pt tee a gee a ee nee ce S447 006224 force and effect thereafter until termination of the Class “B” Control Per} 17.2. Further Development. So long as the Declarant owns any prg development and sale, cach and every Owner waives, relinquishes and agree inalesy exercise, any and all rights, powers or abilities (and the Assge ; or rezoning efforts or processes) of any zeal propert assignees or successors of the Declarant within Stg 75% of the Lots and by the Declarant, if Declaration, this Declaration shall run of and shall be enforceable by ti representatives, heirs, successors, an , their respective legal years from the date this H be automatically extended for set forth herein are expressly subject to change, ineans of Bite seen! at any time and from time to time as + Until termination of the Class “B” Control Period, Declarant may eclaration. Thereafter, the Declarant may unilaterally amend this amendment is (i) necessary to bring any provision into compliance with any f or purchaser to make or purchase mortgage loans on the Lots; (iv) necessary to enable any governmental agency or reputable private insurance company to insure mortgage
ision into compliance with any f or purchaser to make or purchase mortgage loans on the Lots; (iv) necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots; or (v) otherwise necessary to satisfy the requirements of any governmental agency. So long as the Declarant still owns property subject to this Declaration, it may also unilaterally amend this Declaration for the purpose of clarification or to correct technical, typographical or scrivener’s errors, provided the amendment has no material adverse effect upon any right of any Owner.
(b) By Owners. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 51% of the total Class “A” votes in the Association and during the Class “B” Control Period, the consent of the Declarant.
56 a remo isemenn tain Linen THR ght tne Blt An td aL aA rN At ta RE MG ASAE esate eet poem yeaa tert WN Arte Be A it a Fen ot Tyne PAAR gel PAY EPR PO Alig Ot LO Say Ne Pek GEOINT RAO A GNU BP NY a 9 ak RS RN SLT 006225 (c) Nalidity of Amendments. Notwithstanding the above, the percentage of votes ean to eas a posit: clause shall Fi be less than the prescribed percenige amendment must be recorded i in ihe Public Real Estate Records of Collin S Te No amendment may remove, revoke, or modify any right or p without the written consent of the Declarant or the assignee of such right or No amendment to this Declaration which materially affects the those of the Association. The forego Association of provisions or rules whic as is more specifically set forth at Artic dgment or court order shall in no way
s Declaration which materially affects the those of the Association. The forego Association of provisions or rules whic as is more specifically set forth at Artic dgment or court order shall in no way portion of these covenants conflicts with eVenants, conditions, restrictions, or other provisions of void, or voidable for violation of the rule against perpetuities, Midicial and administrative proceedings may be commenced and ation with Board approval. This includes, but is not limited to (a) nded THESE such sareninieeit is pao by the board of directors of the Master Assaclation and is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above.
Affiliates, shall use the words “Kings Lake” or any derivative thereof in any signage or printed or promotional material without the Declarant’s prior written consent. However, Owners may use the name “Kings Lake” in printed or promotional matter where such name is used solely to specify that a particular Lot is located within the Properties and the Association shall be entitled to use the words “Kings Lake” in its name.
57 tee at oe ee et PAPO AO ADEPT NPB BAIL ACD i ON ARN NS EH CR SAR AEST PC ae UL PRAY Mg ae A AMAR ASE HE NN S4LT 006226 17.10 Compliance, Every Owner and occupant of any Lot she mply Declaration, the By-Laws, the rules and other Governing Documents of th OGjation to comply shall be grounds for an action to recover sums due, for damages or ipfincy for any other remedy available at law or in equity, by the Association or, in a prog aggrieved Owner(s).
transfer title to his or her Lot shall give the Board at name and address of the purchaser or transferee, th
remedy available at law or in equity, by the Association or, in a prog aggrieved Owner(s).
transfer title to his or her Lot shall give the Board at name and address of the purchaser or transferee, th severally responsible with the transferee for allgo assessment obligations, until the date upéaw assigns, and the Master Associationgshg appearance and condition of the CoMmbdy Association is obligated to maintaffi hcremader, right and may assume the dfty acrfortging ‘all sefch maintenance obligations of the Association at any time, upof gi ten kotice Yo the Owners or at any time after the expiration of 10 days after sséciation, it’s successors or assigns, of written notice specifying in ail the na cexfent of the failure to maintain without such failure being reng ver noti McKinney. Uponfasserming stich Tria rffance obligations, the City of McKinney may levy n @ pro rata basis for the cost of such maintenance, a7 another pkovisigns contained in this Declaration, which assessment shall c Lot aainst which cach assessment is made. During the period the and assumes the obligation to maintain and care for the $ br Properties, the Association shall have no obligation or especto such maintenance. The right and authority of the City of tain the Common Properties and/or Properties shall cease and terminate iftion, its successors or assigns, shall present to the City of McKinney nee satisfactory to the City of its willingness and ability to resume f the Common Propertics and/or Propertics. In the event the City of assumes the duty of performing the maintenance obligations of the Association as provided herein, then the City of McKinney, its agents, representatives and employees shall have right of access to and over the Common Properties and/or Properties for the
tions of the Association as provided herein, then the City of McKinney, its agents, representatives and employees shall have right of access to and over the Common Properties and/or Properties for the purpose of maintaining, improving and preserving the same; and in no event, and under no circumstances, shall the City of McKinney be liable to the Association or any Owner or their respective heirs, executors, administrators, devises, personal representatives, successors and assigns for negligent acts or construction relating in any manner to maintaining, improving and preserving the Common Properties and/or Properties, or to any Owner, the Association or any other Person for failure to perform such maintenance.
17.13. Registration with the Association. Each and every Owner shall have an affirmative duty and obligation to originally provide, and thereafter revise and update, within 15 days after a material change in any of the following has occurred, various items of information to the Le Nhe AER i SiSLAG ing beonuanhpeted ow gnome epee: . .
sors eerste en NL bee PRN eae ot ne nnn rn Lime emet na tilt Rn : . encase PAE POE tee NTR [I PAL MORTEM AL SE te Re cares eager caeerjtt renga eae namionme eet rat inne ne . aH etn Nein S447 006227 i hen pape te NRO ct OLEAN AAAI ED Att Ame meena, foot gash et Association including: (a) the full name and address of such Owner; (b) the full n individual who resides on such Owner’s Lot; (c) the business address, og€ation afd td numbers of cach resident of such Owner’s Lot; and (d) such othe Cl reasonably requesied from time to time by the Association. In the eve neglects or refuses to so provide, revise and update such information, then the but is not required to, use whatever means it deems reasonable and app
from time to time by the Association. In the eve neglects or refuses to so provide, revise and update such information, then the but is not required to, use whatever means it deems reasonable and app information and the offending Owner shall become automatically j interpretation or application of the provisions g shall be determined by the Board of Dire capricious conduct or gross negligence) s 17.15 Enforcement. Enforcem procecding at law or in equity by the AS¢ violating or attempting to violate them, damages, or both, or enforcement of an Association or any Owner to enfoge other similar security instrument which may then one or more of these Covenants, or any portions rder shall not affect any of the other provisions or covenants ain in full force and effect. In the event any portion of these constitute an exclusive, exhaustive or limiting list of what can or cannot be donc.
17.18. Notices to Residen/Member/Owner Any notice required to be given to any Resident or Owner under the provisions of this Declaration shall be deemed to have been properly delivered when: (a) deposited in the United States Mail, postage prepaid, addressed to the last known address of the Person who appears as the Resident, Member or Owner, respectively, on the records of the Association at the time of such mailing; or when (b) delivered by hand or by messenger to the last known address of such person within the Properties. Any change in address must be made in writing to the Association by certified mail, return receipt requested, at the principal office of the Association or the managing agent, if any.
‘ pee t nn Peer mS Sn mA ONE ett iT et OAR AO ne TO gre OC a EVEL SON REA Sg MOAR NNO Shee tN A MURMUR TT NN ON gh ene Nat ere ee 59 Suu? 606228
ffice of the Association or the managing agent, if any.
‘ pee t nn Peer mS Sn mA ONE ett iT et OAR AO ne TO gre OC a EVEL SON REA Sg MOAR NNO Shee tN A MURMUR TT NN ON gh ene Nat ere ee 59 Suu? 606228 written notification from the Association of any default by the respective the performance of such mortgagor/Owners obligation(s) as established provided that the Association has been theretofore furnished, in writing, witl?thg and address of such mortgage holder(s) and a request to receive such no zeasonable supply of self-addressed, stamped envelopes.
17.19, Notices to Mortgagees. The holder(s) of a mortgage may be furnished Qo De IN WITNESS WHEREOF, the Declarant has executed this Dg first above written.
{SIGNATURES ON Fq DECLARANT: 5447 006229 THE VILLAGES OF KINGS LAKE, UTD, a Texas limited partnership By: Tri J Group, Inc., a Texas corporation, General Partner ROQUE SALO.VERTIC Unofficial THE STATE OF TEXAS COUNTY OF DALLAS REPRESENTATIVE ACKNOWLEDGMENT ん This instrument was acknowledged before on the 20 day of June, 2003, by Roque Suco Vertis 11 Vice the Vicent of Tri J Group, Inc., a Texas corporation, general partner of The Villages of Kings Lake, Ltd., a Texas limited partnership, on behalf of said limited partnership GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20 day day of Woodridge NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS June Upon recording, please return to: My Commission Expin •STATE OF TE Phyllis Wooldridge My Commission ExpiresMarch 30, 2004 61 S447 006230 JOINDER BY MORTGAGEE The undersigned, successor in interest by assignment of whe as the Beneficiary and the holder of a Vendor's Lien retained in Deed
eclaration'KL'dft 6'Arch contr.doc 61 S447 006230 JOINDER BY MORTGAGEE The undersigned, successor in interest by assignment of whe as the Beneficiary and the holder of a Vendor's Lien retained in Deed 2002, filed June 3, 2002, recorded in Volume 5181, Page 6345, Deed va Texas, from Lakes at Stonebridge, Ltd., a Texas linys : ay note in the principal enroumit of $6,250,000.00, payable to thefordér of Jeffg Bank, and additionally secured by a Deed of Bryan Sandlin or Ray Roberts, Trustee, rec Trust Records, Collin County, Texas; as "Secured Party", recorded in Vo 5139 Pag y cords, Collin County, Texas; nt and Construction Contracts a Texas limited partnership, and , Page 6373, Deed Records, Collin ings Lake, Ltd., and Jefferson Heritage Bank, Deed Records, Collin County, Texas (all of the ictions for Kings Lake (“Declaration”) and agrees that, except as , all of the easements, terms and covenants set forth therein are e Loan Documents. Without limiting the generality of the preceding ortgagee agrees that, except as hereafter provided, the Declaration shall entintic to run with and bind the Properties notwithstanding any foreclosure under the Mortgage. It is provided, however, that the Liens arising pursuant to the Loan Documents are not hereby subordinated to the assessment liens created pursuant to the Declaration, as same are referenced at Article XI of the Declaration, and it is expressly agreed and understood that the Liens created by the Loan Documents are and shall remain prior and superior to the liens for assessments arising under the Declaration. If the Mortgageee shall ever take title to any of the property covered by its Liens, the Mortgagee agrees that it shall be responsible for assessments arising against such
ising under the Declaration. If the Mortgageee shall ever take title to any of the property covered by its Liens, the Mortgagee agrees that it shall be responsible for assessments arising against such property from and after the date that the Mortgagee shall take title to the property and only during the period of ownership by the Mortgagee, and assessments accruing from S447 006231 and after the date of any such foreclosure or deed in lieu thereof shall be secured liens created in accordance with the Declaration. : IN WITNESS WHEREOF, this Joinder has been executed t “a dal JUuNe , 2003.
i Prust, FSB | | STATE OF This instrument eA ' ay of —_ of Mercantile 8 gai Notary Public, State of _ Printed Name: : f§kKils Records of Collin County, Texas.
Unofficial 64 SuG7 906233 EXHIBIT “B” C Initial Use Restrictions and Rules A. Certain Prohibited Uses. In addition to the restr Declaration, the following activitics are oie a i! aster ss ‘eXpressly authorized by, and then subject to such conditi Association pursuant to Article XIII of the Village Declaratigd of the Common Properties to: (a) solicit, promote or cond (b) — distribute handbills, n without the prior written consent ofthe 2. Business Use. No § activity shall be carried on i Tes not involve regular visitation of the Lot by clients, iness invitees or door-to-door solicitation of residents of the ¥ “business” and “trade,” as used in this provision, shall be construcd to have generally accepted meanings and shall include, without limitation, any good’ Wr’services to persons other than the provider’s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (a) such activity is
, any good’ Wr’services to persons other than the provider’s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (a) such activity is engaged in full or part-time, (b) such activity is intended to or does generate a profit, or (c) a license is required.
B. Certain Use Restrictions. The Properties (and each Lot situated therein) shall be constructed developed, occupied and used as follows: 1. Residential Use. All Lots shall be used for residential purposes. No Owner shall conduct, transmit, permit or allow any type or kind of commercial or home business or home profession or hobby on his Lot or within any dwelling unit on his Lot which would violate the requirements of Section A2 of this Exhibit “B”. The restrictions on use herein contained shall tes AaB Ae Nak Fang nel he ve Acres, pee ae NRO I EC OCC ERAL gic AY RC COCA PAL ALC LAA CAAA One ee RAE REN ea NN EL hd RR nA Nee Rn Hehe NERA ROAE ELL aee # eT etn ON D447 006234 be cumulative of, and in addition to, such restrictions on usage as mayaAicom timd applicable under and pursuant to the Statutes, rules, regulations and a Ging .
McKinney, Texas or any other governmental authority having jurisdictiosevcptMe Notwithstanding the above, the leasing of a Lot shall not be conside trade within the meaning of this Section. This Section shall not app by the Declarant or a Builder approved by the Declarant with respgét t of the Properties or its use of any Lots which it owns within the Pybperfics.
2. Residential Structures. No building o ¢° permitted to remain on any residential Lot oth : its customary and usual accessory structures ( structure intended for or adapted to busiptts com defined in The Master Declaration) shgfll be epécted, Pp
rmitted to remain on any residential Lot oth : its customary and usual accessory structures ( structure intended for or adapted to busiptts com defined in The Master Declaration) shgfll be epécted, Pp premises, or any part thereof, save and exde ty sales purposes of a Builder, the DeclaranWor the 4 SSO g and, if any, . No building or es or Commercial Use (as a rclaidd Opment, construction and cidWon.
3. Alarms. The Subdivision Desigh the construction plans and specifige installation and equipment of fyft-claes the Commitice may require that jal dwelling include provisions for the arms, smoke detectors and such other ogically feasible for residential use as 4. Parking.
surface, driveway fucks over 3/4 ton (excluding conventional pickups and SUVs), bug or vehicles that are primarily used for commercial ily present on business, nor any trailers, may be parked closed garages or other areas concealed from public view.
g, travel trailers, mobile homes, recreational vehicles and the like, and rable}condition and validly licensed, shall only be permitted to be kept if stefare kept inside a garage and concealed from public view. Parking on be permitted and shall otherwise be restricted in accordance with the laws, ingnceg and rules of the state and municipal governments applicable to the PropeNjcs. Uéwevgr, the Board shall have no obligation to take action to enforce such laws, ste es and rules. The Board may adopt reasonable rules and regulations governing wf operation of vehicles on the Properties, which rules may include the towing of vehicles parked in violation of this Declaration or the rules and the levying of reasonable fines for such violations.
5. Garages; Carports. Each single-family residential dweilin provide garage space for a minimum of two (2) convention
Declaration or the rules and the levying of reasonable fines for such violations.
5. Garages; Carports. Each single-family residential dweilin provide garage space for a minimum of two (2) convention specifically approved by the Committee. All g use. Carports are not permitted. Any and all submitted to the Committee for review and ap or allow repair or maintenance work to any visible to the abutting street(s). All g controlled door openers and shall rem g crected on any Lot shall al automobiles, unless otherwise arage doors shall be closed at all times when not in proposed garage plans and specifications must be proval. No owner or resident shall perform, permit automobile or other vehicle outside the garage and arage doors shall be equipped with automatic remote ain closed except when open for vehicle ingress and cgress.
66 | !
| | | SELES a een mieROSLAcuenick ail aembeten caamtartae uta eee care 8 nee eT OS es Foggy Arne ont ngscumynmmnenaenpenanett eae Mgt we Mh WA 9 IRL Aa gent FE A. A ape may a enn Bald won Nn Sr IS NR 5447 006239 6. Setback Requirements. Setback requirements are set forth on the Plat, howevey is hereby reserved to the Committee, the right to restrict building to or near t back set forth below. The Committee may establish additional setback lines (for ae Z buildings) from the front property line of each Lot at varying distances. Ingorae flexibility for: (i) implementation of state-of-the-art construction designs,\g consolidation of two (2) or more Lots to accommodate the construction of-éde dwelling units thereon, the Committee shall also have the authority tp“develop” and side yard setback requirements. Within the setback areas for efch Mot a construction or installation of any other items otherylse’ di, a
on, the Committee shall also have the authority tp“develop” and side yard setback requirements. Within the setback areas for efch Mot a construction or installation of any other items otherylse’ di, a easement and right-of-way is reserved for the Associg iON out its duties and responsibilities under this Declgfatign.
though setback requirements may be designated on the lines, the Committee may require that impy6Ve setback lines in order to enhance the streetéca dictated by improvements on neighboring Lov. Ye ; enhance the streetscape within the Propertty . m that Mae actual front building line of improvements located on various Lots nofexie 5 provided that even though side, front and rea designated setback line does not ipfér that Improvements on such Lot to thefsethaek i lines set forth on the Plat are abgol jain Wn cen apn tert gi neta re AAR RN NOR MARE At A ett NR Ptad AP any one or more of such Saditions which may be tye designated on the Plat, such g Yay given Lot will be entitled to build _ According), it is expressly provided that setback m Building lines and Committee reserves the right ay be constructed to, on or near the platted atitneet0 Structure on any Lot shall exceed the height limit hy Guidelines or the MARC. In order to create a desired jne (i) and two (2) story structure heights the Committee ad height“and setback requirements. The Committee shall have the er develop and refine guidelines and interpretations concerning the envisioned herein.
8. Fences: Signs. No fence, wall or hedge (which serves as a barrier) shall be erected, ere any Lot nearer to any street than the minimum building setback line as theAubdivision Design Guidelines or the Committee. Unless otherwise approved
ge (which serves as a barrier) shall be erected, ere any Lot nearer to any street than the minimum building setback line as theAubdivision Design Guidelines or the Committee. Unless otherwise approved iste, all exterior mechanical or service equipment adjacent to a Dwelling Unit must be encloged within fences, walls or landscaping so as not to be visible from the immediate residential street. No fence, wall or hedge shall be erected, placed or altered on any residential Lot without the approval of the Committee. No fencing constructed entirely or partially of wood may be constructed anywhere on any Lot unless approved, in writing, by the Committee, it being specified that wood fencing is generally prohibited. The Declarant has designed, adopted and | 5 Ss ~ OQ me = 3 @ bent ee a i] s o cg.
pate OQ 2 = Se Fe pt ge EE I ER RGN pane EBA eh Meme fed CTE TO A NNT NOY ORL UI renee womens cricasaneniatony ry — prepared specifications for, a standard sign structure for use within the Properties by Builders, Owners and Residents in connection with the sale, lease and development of Residential Units and Lots within the Properties (the “Kings Lake Standard Signage”) and the Declarant reserves the right to alter, from time to time, the design and detail of the Kings Lake Standard Signage.
No sign or signs shall be displayed to the public view on any residential Lot, except the following shall be permitted: S447 006236 (a) any builder, during the applicable initial construction and sales period fmag two (2) professional signs (of not more than six (6) square feet in siz and sales purposes. Any such signs shall be fabricated to the specific Standard Signage; (b) thereafter, a dignified “For Sale” or “For Lease” sigt square feet in size) may be utilized by the Owner of the respg
purposes. Any such signs shall be fabricated to the specific Standard Signage; (b) thereafter, a dignified “For Sale” or “For Lease” sigt square feet in size) may be utilized by the Owner of the respg applicable sale or lease situation. Any such signs shall be fabricg Kings Lake Standard Signage; (c) development-related signs owned (d) model home or other signs such signs shall be fabricated to the spg The Declarant and/or the Com implement additional uniform signage ¢ Properties.
utilities. ‘ieeept landscaping, ' cte ef construct or permit any obstructions or permanent to exist within any casement area, nor shall anything be done nts are likely to be located at, near or along the front, side and ach Lot Owner assumes full, complete and exclusive liability and nd expense related to damage, repair, relocation and restoration of gcc. Except as to special street lighting or other aerial facilities which PY the City of McKinney or which may be required by the franchisee at any i nstallations y essary to maintain or operate appropriate underground facilities) shall be crested dn individual Lots, easements, streets or right-of-way of any type, cither by the utility company or any other Person, including, but not limited to, any Person owning or acquiring any part of the Properties, and all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground unless otherwise required by a public utility. All utility meters, equipment, air conditioning compressors and similar items must be visually screened and located in arcas designated by the Committee. Pursuant to requirements by utility company(ies) providing service to the Properties, the following provisions and covenants
must be visually screened and located in arcas designated by the Committee. Pursuant to requirements by utility company(ies) providing service to the Properties, the following provisions and covenants are to run with the land within the Properties with the same force and effect as all other covenants herein and as if such provisions and covenants had originally been recited within the Deed to cach Lot executed and delivered by Declarant: (a) Since electric service is to be furnished to each of the Lots solely by underground facilitics, cach Owner agrees for himself, his heirs, executors, administrators, successors and 68 ~ rena ggint mbit et nates Pere 0 ate OP at Erte EEA A NCTA ORE RO ty ah Suk] 006237 assigns. that he will, at his own expense, install and maintain the necessary uy facilities to connect the Owner’s installation with the service wires of thegubject ¢ company and security system at the point of delivery of electric cnr (b) Each Owner shall assume full and complete responsibility for a¥ arising out of or related to the repair, replacement or restoration of any damaged or destroyed as a result of the negligence or mischief of tl such Owncer’s Lot.
10. Temporary Structures. No temporary sty upon any Lot. No trailer, mobile, modular or prof accessory structure shall be placed on any Lo structure is completely concealed from publig ted or placed or any other moved upon any sive e right to erect, place and maintain, and to permit Builders and Qwnofs : in such facilities in and convenient during the Class “B” Contro be limited to, a temporary office buildi offices.
may include, but not necessarily portable toilet facilities and sales mmittee. Soil runoff duc to rain or irrigation shall alks by the Owner. The Board may adopt rules
temporary office buildi offices.
may include, but not necessarily portable toilet facilities and sales mmittee. Soil runoff duc to rain or irrigation shall alks by the Owner. The Board may adopt rules n plastic bags or other containers required by (and meeting the of McKinney. Each Resident shall observe and comply with any and nts promulgated by the Association and/or the City of McKinney in grass clippings, landscape debris, garbage or trea of any kind on another Lot or on the Common Properties. Each Owner is responsible for the appearance and condition of such Owner’s Lot. If more than five (5) days after prior written notice an Owner shall fait to: (i) control weeds, grass and/or other unsightly growth; (ii) temove trash, rubble, building and construction debris; or (iii) exercise reasonable care or conduct to prevent or remedy an unclean, untidy or unsightly condition, then Declarant or the Association shall have the authority and right to go onto said Lot for the purpose of mowing and cleaning said Lot and shall have the authority and right to assess and collect from the Owner of said Lot a reasonable charge for mowing or cleaning said Lot on each respective occasion of such mowing or cleaning. The assessments, together with such interest thereon and costs of collection thereof, shall be a charge on the land and shall be a continuing Payment and Performance Lien upon each Lot against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection 69 Trenton tag te A aetna TOR EI TT i teint UN ge A NOON ae EAC, PITTI en chon gad 8 Le E (Aa AREAL OO a Spel A POT ae a ORE ACY COUN Pam) See he eB PON AT tN BEATIN AS SRL OP SES FOE bt ON ETS HHS EE: ORR ling me my em nee A ss a i S447 006238
UN ge A NOON ae EAC, PITTI en chon gad 8 Le E (Aa AREAL OO a Spel A POT ae a ORE ACY COUN Pam) See he eB PON AT tN BEATIN AS SRL OP SES FOE bt ON ETS HHS EE: ORR ling me my em nee A ss a i S447 006238 thereof, shall also be the continuing personal obligation of the Person who was th such Lot at the time when the assessment occurred.
No landscape debris of any nature shall be deposited in or neg including, but not limited to, inlet drains which access the storm sewer Properties.
nes fn Ye SE BING EG MACARRON sight/sound/smell, as determined by the Board, shal the Properties. No dircet sales activities (exclud} sales, yard sales, patio sales, flea markets, bqz conducted on any portion of the Propertice s and offensive and is therefore fil be raised, bred or kept on any 35, cats or other commonly recognized ee erga pA EONAR ALI EEN ET AER NEE SETS pt ee enema moved from the Properties upon request of the Board.
ilo honor such request, the Board oe in addition fo any other 9 wn °o a we = 2 = Q 2S S n OQ wn = ° a.
= ory om = = = Me o = Qa ° aS 8 £6 = we s S a poo] Qa oO ° = > oS = = = ac] = Q ~ emer YNerto Sie Che bmp riven temper ho intent nL Stonnst Aeans a fenced area or SIRE that is (i) Ischet (i) capable of seating the entry a the general public, including children; (iii) capable of preventing the escape or release of a t; (iv) clearly marked as containing a dangerous pet; and(v) in conformance with the ‘couipormeni for enclosures established by the local animal control authority.
Any outside pen, cage, kennel, shelter, concrete pet pad, run, track or other building, structure or device directly or indirectly related to animals which can be seen, heard or smelled by anyone other than the subject Owner must be approved in writing by the Committee in its sole
lding, structure or device directly or indirectly related to animals which can be seen, heard or smelled by anyone other than the subject Owner must be approved in writing by the Committee in its sole and absolute discretion.
13. Landscaping; Maintenance. Construction of cach and every Dwelling Unit within the Properties shall include the installation and placement of appropriate landscaping. Each Owner shall have the duty and responsibility, at his sole cost and expense, to keep and maintain the Lot, 70 S4E7 006239 and all improvements therein and thereon, in a well-maintained, safe, clgan and Ive condition at all times. Such maintenance shall include (without limitation): | A. the proper sceding, consistent watering and mowing of all lawns; | E. keeping exterior lighting and mechani addition, all B. the pruning and cutting of all trees and shrubbery; C. the prompt removal of all litter, trash, refuse and waste; D. watering of all landscape; exterior lights that are required te be shai © the Improvements shall be operated by photo cell, shall b at dusk and shall remain on until d elling Units or Lots which abut Stonebridge Lake or any bank or other lake or pond area within the Properties (“Waterfront Lot”) shall no rig Move trees, shrubs or similar vegetation from the Lot or the bank and water’s cdge area without prior approval of the Master Association or MARC. The Association, and its agents.
during normal business hours, shall have the right (after five (5) days written notice to the Owner of any Lot involved setting forth the specific violation or breach of this covenant and the action required to be taken, and if at the end of such time reasonable steps to accomplish such action
Owner of any Lot involved setting forth the specific violation or breach of this covenant and the action required to be taken, and if at the end of such time reasonable steps to accomplish such action have not been taken by the Owner), to enter on the subject premises (without any liability whatsoever for damages for wrongful entry, trespass or otherwise to any Person) and to take the action(s) specified in the notice to remedy or abate said violation(s) or breach(cs). The cost of such remedy or abatement shall be paid to the Association upon demand and if not paid within thirty (30) days thercof, shall become a licen upon the Lot affected. The Association, or its agent, shall further have the right (upon like notice and conditions), to trim or prune, at the expense of the Owner, any hedge, tree or any other planting that, in the written opinion of the Association, by reason of its location on the Lot, or the height, or the manner in which it is permitted to grow, 71 LAER OE ee NO NEA TOS CNAME NAOT Me RCC POE A PE RNS Ny hE rs 7 perme eat Cut, tater etek teen wanes sea 210 earpeon ee eee i NE SETS Ee terete D447 O006240 is detrimental to the adjoining Lots, is d provided under this section will constitute force and effect as the Payment and P Covenants, angcrous or is unattractive in appearance.
a lien retained against such property wit} erformance Lien for assessn 14. Exterior Surfaces, A ll roofs shall be constructed of materials The Subdivision Design Guideli nes taking into account harmony, confoga quality and similar considerations. The exterior surface of all Dwellii of materials permitted pursuant to The Subdivision Design Guideli exterior items and surfaces such as address num illumination, lights, mail chutes, exterior paint or st
xterior surface of all Dwellii of materials permitted pursuant to The Subdivision Design Guideli exterior items and surfaces such as address num illumination, lights, mail chutes, exterior paint or st approval of the Committee. All exterior surfaced g i gs condition, including painting and cleaning as needed to satif per 15. Antennac. No television, radig dishes or device of any type for the rece other means of communication shall h remain on any Lot or upon any improvem to those antennae specifically covered bf successor provision) promulgated und time to time. Notwithstanding th over-the-air video programmit J Owner at any one time. The Asgoci antennae that are permissible hercur relating to safety, locagi \ } | television broadcast or , placed or permitted to his prohibition shall not apply ications Act of 1996, as amended from 1 one (1) antennae of each provider of ADS or DBS may be installed by an | be G@mpowered to adopt rules governing the type of tablish reasonable, non-discriminatory restrictions antennae. To the extent that reception of an | e cost of installation would not be unreasonably ; lo rules of the Association may only be installed in a i gic from the street and integrated with the dwelling and { } i | i | be installed in compliance with all state and local laws oning, Mnd use and building regulations.
Person (excluding the Declarant) shall use any portion of the ymote or conduct business, religious, Political or propaganda matters; fic handbills, newsletters, flyers, circulars or other printed materials, without the prior written consent of the Board (which consent m absolute discretion). The Board may, on its own motion, permit Voting precincts, community garage sales and bazaars
r printed materials, without the prior written consent of the Board (which consent m absolute discretion). The Board may, on its own motion, permit Voting precincts, community garage sales and bazaars the Common Properties in accordance with rules appropriate by the Association.
ay be withheld in its sole and and allow town hall mectings, and other reasonable activities to occur on and regulations deemed reasonable and 17. Subdivision and Time Sharing. No Lot shall be nor shall two or more Lots be combined into a single Lot, nor shall a Lot have its boundary lines changed after a subdivision plat including such Lot has been approved and recorded except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right subdivided into two or more Lots, 72 SLUT 006241 to subdivide, change the boundary line of and re-plat any Lot(s) owned by Declarai recording of any re-plat of one or more Lots, the total number of Lots s on the be the number of Lots subject to assessment under this Declaration.
No Lot shall be made subject to any type of timesharing, fractio program whereby the right to exclusive use of the Lot rotates among n a fixed or floating time schedule over a period of years.
18. Wetlands, Lakes and Other Water Bodjé f and streams within the Propertics, if any, shall be aestheti pniti usc thereof, including, without limitation, fishing, skiing, s i i $c of personal flotation devices, shall be permitted without he Association shall not be responsible for any loss, dar Operty arising out of the Properties. No docks, ter within the Properties, piers or other structures shall be const except such as may be constructed by gyms, swing sets, basketball or such other recreational of the user. Th injury occurri
o docks, ter within the Properties, piers or other structures shall be const except such as may be constructed by gyms, swing sets, basketball or such other recreational of the user. Th injury occurri ¢ houschold unit, and the houscho!d employees of cither such household unit; r, that nothing hercin shall be interpreted to restrict the ability of one or more g the definition of a single-family from residing with any number of individuals @ vighteen (18) over whom such individuals have legal authority.
Cc. Miscellaneous: Tree Preservation Zone, Stream Arca, Drainage Easement certain other Areas, Fencing (Lake Lots), Vacant Lot Maintenance and Conveyance of Certain Tracts.
oO ° s wn 2 = S Q g 8 a ° “t we 5 Q oO c cS = © = — AY te nt ON AE Al Og A CI OE Tete er etree mt MeCN ak CRN a Amt SN RE 8 TT CELE CLE AEE A LO AAA A LO PC A IR A LN A NE A FE 1. ‘Tree Preservation Zone and Drainage Easement. Within the Supplemental Land there is a Tree Preservation Zone and a drainage casement as will be shown on the Plat of the Properties (“Tree Preservation Zone and Drainage Easement”), such Tree Preservation Zone and Drainage Easement to be located at the rear of Lots 14 through 23 of Block A of the Properties at such time as the Supplemental Land has been platted and incorporated into the Properties. The Committee and the MARC shall prescribe rules, regulations and policies for maintenance of the Tree Preservation Zone and Drainage Easement, use of the Tree Preservation Zone and Drainage Easement and preservation of trees within the Tree Preservation Zone and Drainage Easement B 5447 006242 maintenance of the Tree Preservation Zone and Drainage Easement as n to time by the Commitice and/or the MARC. The Tree Preservati
within the Tree Preservation Zone and Drainage Easement B 5447 006242 maintenance of the Tree Preservation Zone and Drainage Easement as n to time by the Commitice and/or the MARC. The Tree Preservati Easement are two (2) separate and distinct areas as shall be showWh 4 Supplemental Land.
2, follows: (a) Stream Areas. Within the Propgt be removed as needed to prevent draj within the banks of the stream no legs sh shall be removed from & per month. Vegetative growth side_of Stream Banks. Within the Tree in the Supplemental Land which has not yet been the Properties) and areas outside of the stream f per month. In addition, at least once per year platted as Lots and has not banks, trash shall} undergrowth an banks. One .
‘ebruary, a band along the cast and west edges of the Tree 1 be mulched in accordance with proper landscaping practices Upon conveyance of & any Tract by the Ecrinann to any other Person, such Tract shall be delivered free and clear of the liens, casements, encumbrances, covenants, conditions and restrictions set forth in this Declaration and cach such Tract, as and when conveyed, shall no longer be or constitute all or any portion of the Properties. The Declarant is hereby authorized to execute such releases and waivers as shall be reasonably necessary to release the Tracts from the covenants, conditions and restrictions of this Declaration and to cause such release and waiver to be recorded in the appropriate Real Property Records of Collin County, Texas evidencing such release and waiver.
3. Natural Areas / Block B. There is a Drainage Easement (the “Block B Drainage Easement”) located, in part, upon every Lot within Block B within the Propertics. The 74 regres eet rat Niner OR pairs aap meme, oe to na 28 cee IOI nn
re is a Drainage Easement (the “Block B Drainage Easement”) located, in part, upon every Lot within Block B within the Propertics. The 74 regres eet rat Niner OR pairs aap meme, oe to na 28 cee IOI nn 1 OA ROE N89 ea aR PO SECA RAT NTR SAA tt EP ROE FONE ie FAA MACROCL ARAL Sahn GSE NE ke ef ne GRY A OO eo ta Re A PUREE RENN pe nem S4LT 006243 Committee and/or the MARC shall prescribe rules, regulations and policies for mai the Block B Drainage Easement, it being intended that the Block B inage maintained in a natural area and that there be no fencing, smite ; improvements located within the Block B Drainage Easement. The Committs a Lot by Lot basis, the approval of other improvements within the Block including decks, landscape ene gazebos, unpaved pathways, step prior ‘written approval of the Connaittes and tha Block materially altered from its natural state with the O ny tee to Syits purchase of a Easement or lake that abuts the Properties (collectively, th¢ § mherent dangers associated with living in proximity t s anv y cx sly assumes the risk of general use of the Areas including, witty i possibility that trespassers or others without permission to us¢.th may not be fenced or otherwis inherent dangerous and lake which g within the Prg going (collectively, for purposes of this Section 2, the “Released any Owner claiming any loss, injury or damage based upon, due eased Parties. Each Owner hereby agrees to indemnify, defend and bold Released partics from and against any and all such claims as set forth in the preceding sentence by Owner or Owner’s lessees, licensees, invitees and employees with respect to tenants of such Owner’s Lot for injury, loss or damage, whether known or unknown, foreseen or unforescen, arising from or resulting from, directly or indirectly,
invitees and employees with respect to tenants of such Owner’s Lot for injury, loss or damage, whether known or unknown, foreseen or unforescen, arising from or resulting from, directly or indirectly, acts or omissions of the Released Parties, even if caused in whole or in part by the negligence of the Released Parties. THE FOREGOING RELEASE AND INDEMNITY IS INTENDED TO RELEASE AND INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST THEIR OWN NEGLIGENCE.
iene pant in eel Sim panera ee FY Ty AAT Armee pe Ne NMED FO hl ey eR em A ge AAO Ml te 4 Se et Ree ner ene iced I ne yer oN 5. Maintenance of Vacant Lots. ‘The Association hereby reserves the right to maintain grass or other ground cover on vacant Lots located within the Properties, whether such Lots are owned by the Declarant, a builder or some individual Owner and maintenance of such Lots is 75 54h 7 006244 retained by the Declarant to confirm that such Lots will be well maintained as regagfs plowing, weed eradication, debris removal and erosion control. The Base A ent charged tot Owner of a Vacant Lot takes into account the cost of this additiona n i which is reserved by the Association.
6. Fencing Along Stonebridge Lake. In accordance Guidelines, fencing along the lakeshore adjacent to certain of the be of a uniform construction design and material and the locatio to the prior written approval of the Committee.
Shit 106245 O EXHIBIT “C” Supplemental Land McReynolds Survey, Abstract No. 578, in the City part of Parcels 206/210/211, an addition to the Ci BEING, a tract of land situated in the J.A. Zz Survey, A out of the Stonebridge YMCA Addition, an addition the City of in the Plat Records of Collin County, BEGINNING, at a 1/2 inch iror Lake, an addition to the City of McKing ‘ i Voltme O, Pages 576-578, in said
the Stonebridge YMCA Addition, an addition the City of in the Plat Records of Collin County, BEGINNING, at a 1/2 inch iror Lake, an addition to the City of McKing ‘ i Voltme O, Pages 576-578, in said Plat Records; 121.06 feet, to a non-tangen 138°09'12", and a tangent o THENCE, continuing along said cast line and with said curve to the right for an arc distance of 270.21 feet (Chord Bearing North 40°29'11" West - 259.47 feet), to a 1/2 inch iron rod found at the point of tangency; THENCE, North 12°20'16" West, continuing along said cast line, for a distance of 39.37 feet, to a 1/2 inch iron rod found at the point of curvature of a curve to the left, having a radius of 650.00 fect, a central angle of 13°00'19", and a tangent of 74.09 feet; THENCE, continuing along said east line and with said curve to the left for an arc distance of 147.54 feet (Chord Bearing North 18°50'25" West - 147.22 feet), to a 1/2 inch iron rod found at the point of tangency; 77 nn on anf pete rn ce serpin teat ee eT ey a OLE pe : S&L] 006246 feet, to a 1/2 inch iron rod found on a non-tangent curve to the left, havi dius 0 THENCE, North 25°20'35" West, continuing along said east line, for a distang a central angle of 178°51'14"; ey THENCE, continuing along said cast line and with said curve to the le distance of 158.08 feet (Chord Bearing North 70°20'35" West), to a 1/2.ime THENCE, South 64°39'25" West, continuing along said eg feet, to a 1/2 inch iron rod found; THENCE, North 70°20'35" West, conti feet, to a 1/2 inch iron rod found; aid’curve to the 52.32 feet (Chord h iron rod found at the point of tangency; THENCE, continuing along said Bearing North 15°21'03" West - Sar °55'10" East, along the cast line of said Lot 2, for a distance of 59.95
e 52.32 feet (Chord h iron rod found at the point of tangency; THENCE, continuing along said Bearing North 15°21'03" West - Sar °55'10" East, along the cast line of said Lot 2, for a distance of 59.95 ron rod found at the south cast corner of said Lot 2, Block A also being in the rcels 206/210/211; 3, South 65°28'04" East, along the east line of said Parcels 206/210/211, fora THENCE, South 29°19'59" East, continuing along the east line of said Parcels 206/210/211, for a distance of 55.79 feet, to a 1/2 inch iron rod found being the most southern southwest corner of the Stonebridge YMCA Addition, also being the most westerly northwest corner of Autumn Ridge II, an addition to the City of McKinncy, as described in Volume I, Page 476, in said Plat Records; THENCE, South 29°19'32" East, along the east line of Parcels 206/210/211 and the west of said Autumn Ridge HI, for a distance of 219.36 feet, to a 1/2 inch iron rod found; THENCE, South 34°54'50" East, continuing along said east and west lines, for a distance of 552.29 feet, to a 1/2 inch iron rod found; 78 D4R7 006247 THENCE, South 52°29'13" East, continuing along said lines, for pNgtance of feet, to a 1/2 inch iron rod found; THENCE, South 43°13'37" East, continuing along said lines, for a di feet, to a 1/2 inch iron rod found; THENCE, South 35°50'28" East, continuing along said li feet, to a 1/2 inch iron rod found; THENCE, South 29°24'45" East, contin to the most easterly southeast corner of Parcelg said Autumn Ridge HJ; pvest corner of THENCE, South 41°19'45" Eas distance of 206.17 feet, to the POINT 4 9206/210/211, fora g 9.158 acres of land.
79 5447 006248 Unofficial 80 ANY PHOVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
6/210/211, fora g 9.158 acres of land.
79 5447 006248 Unofficial 80 ANY PHOVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW (THE STATE OF TEXAS) (COUNTY OF COLLIN) I hereby certify that this instrument was FILED in the File Number Sequence on the date and the lime stamped hereon by me; and was duty RECORDED. In the Otticial Public Records of Real Property of Colin County, Texas on JUN 26 2003 WAS OF COLLON COUNE Brenda Taylor Filed for Record in: Collin County, McKinney TX Honorable Brenda Taylor Collin County Clerk On Jun 26 2003 At 3:28pm Doc/Num : 2003-0120531 Recording/Type:RS Receipt : 167.00 25004