DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS Popular Name of Development: Lexington Parks Name of Platted Subdivision: Lexington Parks G Location of Subdivision: City of Frisco, Collin Co This document pertains to a residential develope of Frisco, Collin County, Texas.
Declarant: BR637,% JUDD AM R.
HENRY ODBQ-AUSTIN & FLETCHER, P.C.
1700 PACIFIC AVENUE SUITE 2700 DALLAS, TEXAS 75201 TABLE OF CONTENTS RECITALS DECLARATION ARTICLE 1 – DEFINITIONS 1.1.
Specific Definitions 1.2. Other Definitions ARTICLE 2 – SUBJECT TO DOCUMENTS.
2.1.
2.2.
Subject to Documents of Record Covenants in Plat 2.3.
Owner Agrees to be Bound.
ARTICLE 3 – PROPERTY EASEMENT 3.1.
General 3.2.
Owners Easements of Enjoyment 3.3. Owner's Ingress/Egress Easement.
3.4.
Extent of Owner's Easements.
3.5.
Owner's Right to Build..
3.6.
Perpetual Easements 3.7.
Condemnation or Governmental Taking.
3.8.
3.9.
4.1.
Association's Access Easement.
General Easements for Declarant.
ARTICLE 4 – SECURITY ARTICLE 5 - COMMON AREA 5.1.
Title to the Common Arca Change of Use.
Components of Common Area 5.5.
Limited Common Area 5.6.
Personal Responsibility.
ARTICLE 6-ARCHITECTURAL CONTROL COMMITTEE Unofficial 1 2 2 2 5 7 7 7 7 7 7 7 8 8 8 9 9 10 10 10 10 10 11 11 11 12 12 6.1. Architectural Control Committee.
12 6.2.
Appointment of ACC Members.
12 6.3.
ACC Approval Required.
13 6.4.
Application for Approval 13 6.4.1.
Deemed Denial.
13 6.4.2.
Timing of Completion of Approved Items..
13 i 6.5.
Subjective Standards.
14 6.6.
Limits to Owner's Rights 14 6.7.
ACC Discretion.
14 6.8.
ACC Right to Inspect.
15 6.9.
ACC Variances 15 6.10. Appeal of ACC Decision 6.11. Design Guidelines.
6.12. Most Restrictive Instrument Applies 6.13. No Liability.
ights 14 6.7.
ACC Discretion.
14 6.8.
ACC Right to Inspect.
15 6.9.
ACC Variances 15 6.10. Appeal of ACC Decision 6.11. Design Guidelines.
6.12. Most Restrictive Instrument Applies 6.13. No Liability.
6.14. Reasonable Accommodation for Handicap.
ARTICLE 7 – USE RESTRICTIONS..
7.1.
Single Family Residential Uses Only 7.2.
No Commercial Use.
7.3.
Lease Restrictions 7.4.
No Mobile Homes.
7.5.
No Temporary Structures.
7.6.
No Subdividing.
7.7.
Parking 7.8.
No Drilling Operations by Owner Other Than Declarant.
7.9. Trash 7.10. No Nuisance or Noxious Activity 7.11.
Animals.
7.12.
Lawns and Landscaping Maintenance 7.13. Signs.
21 22 22 22 22 22 23 23 24 24 24 25 7.14. No Adverse Conditions.
25 7.15.
Insurance.
25 7.16. Property Taxes 25 7.17. Underground Utilities 25 7.18. Hazardous Activities 26 7.19. Basketball Goals; Permanent and Portable 26 720. Athletic and Recreational Facilities 26 7.21. Lighting, Yard Art, and Holiday Decorations..
26 7.22. On Street Parking.
26 7.23.
Clotheslines; Window Air Conditioners.
26 7.24. Outbuildings, Sheds, and Detached Buildings.
27 7.25. Pools and Pool Equipment.
27 7.26. Exterior Improvement Maintenance 27 7.27. Drainage Alteration Prohibited 28 7.28.
Construction Activities 28 official 15 15 15 16 ii 7.29. No Hunting/Firearms 7.30. Fires...
ARTICLE 8 – CONSTRUCTION RELATED RESTRICTIONS.
29 29 29 8.1. 29 ARTICLE 9 – MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 29 9.1. The Association 29 9.2.
Name 9.3. Duties 9.4.
Control by Declarant.
9.5.
Membership in Association 9.6.
Voting Rights 9.7.
Quorum of Meeting of Owners.
9.8.
Registration with the Association 9.9.
Determination of Percentages 9.10.
Communications 9.11. Books and Records 31 31 31 32 ARTICLE 10 – MANAGEMENT OF THE ASSOCIATION 32 10.1. Board.
10.2. Action by the Association
th the Association 9.9.
Determination of Percentages 9.10.
Communications 9.11. Books and Records 31 31 31 32 ARTICLE 10 – MANAGEMENT OF THE ASSOCIATION 32 10.1. Board.
10.2. Action by the Association 10.3. Managers.
32 32 32 10.4. Arrangements with other Associations 10.5. Powers and Duties of Board.
32 32 10.6. Rules and Regulations.
10.6.1.
Right to Promulgate Rules 10.7.
Indemnification 33 34 34 10.9. Reserve Funds.
10.8. Contracts with Owners.
ARTICLE 11 - COVENANT FOR ASSESSMENT.
35 35 35 11.1. Creation of the Lien and Personal Obligation of Assessment.
35 11.2. Purpose of Assessments.
35 11.3. Annual Assessments 36 11.4. Special Assessments 36 11.5. The Effect of Non-Payment of Assessments: Remedies of the Association.
37 11.6. Subordination of the Lien to Mortgages 38 11.7. Certificates 38 11.8. Alternative Payment Schedule Guidelines.
38 11.9. Capitalization of Association – HOA Reserve, Transfer Fees and Fees for Issuance of Resale Certificates 38 Unofficial 29 30 30 iii ARTICLE 12 – ADMINISTRATION AND MANAGEMENT.
12.1. Governing Documents 12.2. Evidence of Compliance with Declaration 12.3. Personal Property for Common Use ARTICLE 13 -- RIGHTS OF DECLARANT 13.1.
Amendments 13.2. Plat Revision 13.3. Sales and Construction Activities Construction Work by Declarant 13.4.
13.5. Declarant Reimbursement.
13.6. Development of Property.
13.7. Independent of Reservation Periods ARTICLE 14 - INSURANCE AND INDEMNIFICATION 14.1.
Association Insurance 14.2. Appointment of Association as Trustee 14.3. Common Area Insurance 14.4. General Liability 14.5. Directors & Officers Liability.
14.6. Other Coverages.
14.7.
Indemnification ARTICLE 15 – OWNER ACKNOWLEDGMENTS 15.1. Adjacent Land Use.
15.2. Site Inspection.
15.3. Notice of Imprecise Terminology.
. Directors & Officers Liability.
14.6. Other Coverages.
14.7.
Indemnification ARTICLE 15 – OWNER ACKNOWLEDGMENTS 15.1. Adjacent Land Use.
15.2. Site Inspection.
15.3. Notice of Imprecise Terminology.
15.4. Intentionally Omitted 15.5. Rights of City.
15.6. Mineral Interests Mineral Interests Reserved.
15.6.2. Mineral Reservation by Declarant 15.6.3. Association as Trustee 15.7. Notice of Limitation on Liability.
15.8. Soil Movement ARTICLE 16 - GENERAL PROVISIONS.
16.1. Term of Restrictions Unofficial 39 39 39 40 40 40 40 40 40 41 41 42 42 42 42 42 42 43 43 43 43 43 43 43 43 44 44 44 44 48 48 16.2. Amendment by Declarant 48 16.3. Amendment by Board 48 16.4. Amendment by Owners 16.5. Intentionally Omitted 16.6. Complaints by Association 49 Error! Bookmark not defined.
49 iv 16.7. Damages for Violations 50 16.8. Waiver of Enforcement.
50 16.9. Effect of Ordinances 50 16.10. Bylaws..
50 16.11. Severability 50 16.12. Intentionally Omitted 50 16.13. Annexation 51 16.13.1.
Platting and Replatting.
51 16.13.2.
Expansion.
51 16.13.3. Recording of Annexation 16.14. Gender and Grammar.
16.15. Notices 16.16. Liberal Interpretation 16.17. Reservation of Rights.
16.18. Email Registration Policy 16.19. Incorporated Documents.
ARTICLE 17 – DISPUTE RESOLUTION 17.1. Agreement to Encourage Resolution of Disputes Without Litigation.
17.2. Mandatory Procedures Unofficial 17.3. Claim by the Association – Common Area 17.4. Claim by Owners – Improvements on Lots 17.5. Notice.
17.6. Negotiation.
17.7. Mediation 17.8.
Termination of Mediation 17.9. Binding Arbitration-Claims 17.10. Allocation of Costs 17.11. General Provisions 17.12. Period of Limitation.
17.13. Funding Arbitration and Litigation.
Exhibit A -- Legal Description of the Property Exhibit B -- Law-Based Sections
10. Allocation of Costs 17.11. General Provisions 17.12. Period of Limitation.
17.13. Funding Arbitration and Litigation.
Exhibit A -- Legal Description of the Property Exhibit B -- Law-Based Sections Exhibit C -- Construction Related Restrictions Exhibit D -- Homeowners' Association Disclosure Sheet Exhibit E -- Duplex Homes Lots Listing 52 52 52 54 54 54 55 55 56 56 57 57 57 57 59 59 59 59 V DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LEXINGTON PARKS NOW OR HEREAFTER ADOPTED AND INCORPORATED HEREIN.
This Declaration of Covenants, Conditions, and —*, "Declaration") is made and entered into to be effective upon recordation 1 Collin County, Texas, by BR637, LLC, a Texas limited liability compan RECITALS: A. Declarant desires to establish a general p 8 ne planned community to be Declarant may expand the Property, herein dgfirle ip itidtrrfeal property, and to maintain certain development rights that are essentialfor Jhesuccé etjon and marketing of the Property.
B. Declarant further desires to pro ation, administration, and maintenance of portions of Lexington Parks, and to protect*hg i As an integral part of the developme . afant desires to adopt, establish, promulgate, and impress upon the Property the following reservations, covenants, restrictions, conditions, assessments, and liens for the benefit of Declarant, the Association, the Property, and the present and future Owners of the Property.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 1 DECLARATION NOW, THEREFORE, Declarant hereby declares that the Recitals set forth above shall be a part of this Declaration and all the Property and each of the Lots which comprise the Property shall, to the fullest
, THEREFORE, Declarant hereby declares that the Recitals set forth above shall be a part of this Declaration and all the Property and each of the Lots which comprise the Property shall, to the fullest extent lawful, be held, sold, and conveyed subject to the following reservations, covenants, restrictions, conditions, assessments, and liens (collectively the "Restrictions," including, but not limited to, those matters set forth in the Design Guidelines or similarly titled instruments), duly promulgated dedicatory instruments, and the Restrictions shall run with the Property and each of the Lots and shalkbe binding on LOT OR ANY PART THEREOF AS IF SET OUT FULLY IN SUCH DEED.
ed when used Mpit, shall have the 1.1. Specific Definitions. The following words or phrases, whether’s in this Declaration, or any supplemental declaration, unless the following meanings: "ACC" shall mean the Architectural Contro tt pplicable Law" means the statutes g at the time a provision of the Declaration is g afices, and regulations in effect she subj ect matter of the Declaration.
Declaration and are not intended to apply to } the) cease to be aed by operation of law, or if they are replaced or superseded by oneQrp “profit corporation formed to act as a property owners Association of Homeowners, Inc. Until transition of the Nall have all of the rights, powers, and authority of the Association, ne@ode" shall mean the applicable building code adopted by the County Seat of the County in which the Lot is located or, if a code has not been so adopted, the 2008 version of the International Residential Code (without reference to the energy code contained therein), as amended, supplemented, or replaced from time to time.
code has not been so adopted, the 2008 version of the International Residential Code (without reference to the energy code contained therein), as amended, supplemented, or replaced from time to time.
"Bylaws" shall mean the Bylaws of the Association adopted or be adopted by the Board and which shall be filed in the Official Public Records of Collin County, Texas, as required by Section 202.006 of the Texas Property Code.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 2 "Certificate" shall mean the Certificate of Formation of the Association, filed in the Office of the Secretary of State of Texas, as the same may be amended from time to time.
"City" shall mean the City of Frisco, Texas.
"Common Area" shall mean the entrances and landscaping thereof, and any and all other areas of land within the Property which are described or designated as parkway areas, recreatigpal easements, greenbelts, open spaces or private streets on any recorded subdivision Plat of the Prop&ty or other instrument or intended for or devoted to the common use and enjoyment of the Owners of iati and not by way of limitation, Common Area may include any ent signage, landscape easements, recreational facilities, trails, playground*tgy items. There may or may not be Common Area at the Property. Declarant Common Area, consistent with the objectives envisioned herein and e Association or Declarant for the use and benefit of the Association and sa (deemed appropriate and reasonable by Declarant) regard title bed in this Declaration. Many her Declarant: (i) has conveyed all Yations contained in this Declaration, to the fullest extent and for the Applicable Law. The Declarant Control Period shall run continuously
this Declaration. Many her Declarant: (i) has conveyed all Yations contained in this Declaration, to the fullest extent and for the Applicable Law. The Declarant Control Period shall run continuously for a term of years.
" Design Guidelines" shall mean the Design Guidelines, including architectural standards, guidelines, and/or bulletins, which may be promulgated and published by the ACC, and as may be as amended from time to time, as described herein. The Design Guidelines may consist of multiple written design guidelines applying to specific portions of the Property.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 3 "Development Period" means the period during which Declarant reserves the right to facilitate the development, construction, and marketing of the Property, and the right to direct the size, shape, and composition of the Property, pursuant to the rights and reservations contained in this Declaration, to the fullest extent permitted by Applicable Law. If Applicable Law requires a stated term, the Development Period runs continuously from the date this Declaration is recorded until the earliest of the following events: (1) twenty (20) years after this Declaration is recorded, or (2) the date on which every Lot in the Property is improved with a Residence. No act, statement, or omission by the Association may terminate the Development Period earlier than the term stated herein. Declarant, however, may terminate the other land in the Property.
"Duplex Lots Common Expense" shall mean costs and expenses associ Duplex Lots, as determined by the Board, including expenses for landsgaping ani incurred in connection with Duplex Lots pursuant to the provisions of ro i adopted by the Board.
sts and expenses associ Duplex Lots, as determined by the Board, including expenses for landsgaping ani incurred in connection with Duplex Lots pursuant to the provisions of ro i adopted by the Board.
er amendment of "Estate Lots" shall mean those Lots desig¢fatt . / able, as set forth on the Estate Lots Listing on Exhibit E-2. Declarant mpy aén ithe , Exhibit E without further amendment of this Declaration "Estate Lots Common Expense" shall meap Es associated exclusively with Estate Lots, as determined by the Board, including saping and maintenance services incurred by the Board.
" ingly or collectively as the case may be, the Plat, this grtificate of Formation, the Rules and duly promulgated fall of which may be adopted, amended, supplemented, petich Governing Documents reference each other and may be ment is independent and may be amended pursuant to its own Governing Documents" flow, mailboxes, poles, signs, antennae, exterior air + conditioning equipment or fixtures, exterior lighting fixtures, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennae, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
"Law-Based Sections" shall refer to those section in Exhibit B and address a referenced State law relating to an Owner's use of his Lot. The Law-Based Sections are to be liberally construed to give effect to the purposes and intent of the underlying statutes. The Association must remain mindful that certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 4
to give effect to the purposes and intent of the underlying statutes. The Association must remain mindful that certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 4 actions are controlled by State law, that State law is subject to change, that State law should be consulted for applicability whenever enforcement issues arise, and that the Law-Based Sections should not be changed or terminated without advice of legal counsel regarding applicable law then in effect. Due to changes in State law, the Law-Based Sections may be amended by the Association without vote of the Owners.
"Lexington Parks" shall mean the Subdivision referred to in the Recitals above as established by the Plat and this Declaration.
"Lot" shall mean any one of the separate lots identified on the Plat that make up ® Property.
and creditors who acquire title to a Lot through foreclosure or a dee Persons or entities having ownership interests merely as security for the not Owners. Every Owner is a member of the Association.
to any Lot, and his or its respective heirs, successors, personal rosie of Frisco, Collin , and any and all at of any Annexable Land "Plat" shall mean the final plat of "Lexington Parks", an County, Texas, to be recorded in the Official Public R cords off amendments, modifications, revisions or replats to or roads within the Property, whether public or private.
ys leading to a front door or any other area on the Lot TABLE 1: RESTRICTIONS Declaration (Recorded) Creates obligations that are binding upon the Association and all present and future owners of Property.
Certificate of Formation (Recorded) Establishes the Association as a Texas nonprofit corporation.
Bylaws (Recorded) Governs the Association's internal affairs, such as elections,
e owners of Property.
Certificate of Formation (Recorded) Establishes the Association as a Texas nonprofit corporation.
Bylaws (Recorded) Governs the Association's internal affairs, such as elections, meetings, etc.
Design Guidelines (Recorded) Governs the design and architectural standards for the construction of Improvements and modifications thereto.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 5 TABLE 1: RESTRICTIONS Rules and Regulations (if adopted, | Regulates the use of property, activities, and conduct within the Recorded Property or the Common Area.
Board Resolutions (adopted by the Board of | Establishes rules, policies, and procedures for the Property, the Association Owners, and the Association.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 6 ARTICLE 2 — SUBJECT TO DOCUMENTS 2.1. Subject to Documents of Record. The Property is held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms of all publicly recorded documents, and all other publicly recorded instruments that touch and concern the land, run with the Property, and bind all parties having or acquiring any right, title, or interest in the Property, their heirs, successors, and assigns.
2.2. Covenants in Plat. The dedications, covenants, limitations, restrictions, eg ments, notes, and reservations shown on the Plat are hereby incorporated by reference as covenants run Each Owner must inform himself about the Plat's covenants on the Lot. Similarly, the Assotag by the platted covenants on Common Areas.
ng or occupying a8 they may change a Lot, you agree to remain in compli from time to time.
Subject to the provisions of subsection, every Owner
y, the Assotag by the platted covenants on Common Areas.
ng or occupying a8 they may change a Lot, you agree to remain in compli from time to time.
Subject to the provisions of subsection, every Owner a Lot, and each individual who Tesides with either of them, on such Lot shall 3 3 Area, subject to other p#sgtg ained ‘yy the Governing Documents, and such easement shall be appurtenant . The rights and easements of use, recreation, and enjoyment e subject to the following: (a) The right of the Association to prescribe Rules and Regulations governing, and to charge fees and or deposits related to, the use, operation and maintenance of the Common Area, and the use, occupancy, and enjoyment of the Property; (b) Liens or mortgages placed against all or any portion of the Common Area with respect to the monies borrowed by Declarant to develop and improve the Property or by the Association to improve or maintain the Common Area; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 7 (c) The right of the Association to enter into and execute contracts with any party (including, without limitation, Declarant) for the purpose of providing maintenance or such other materials or services consistent with the purposes of the Association; (d) The right of Declarant or the Association to take such steps as area reasonably necessary to protect the Common Area against foreclosure; (e) The right of Declarant or the Association to suspend the right of any individ any of the Common Area, include the amenity center, if any, for any period dt assessment (including, without limitation, violation fines) against a Lot resided ¥ individual remains unpaid, and for any period deemed reasonable by the Asse infraction of the then-existing Rules and Regulations;
cluding, without limitation, violation fines) against a Lot resided ¥ individual remains unpaid, and for any period deemed reasonable by the Asse infraction of the then-existing Rules and Regulations; (f) The right of Declarant and/or the Association to deca Dat g Common Area to any municipal corporation, public agency,“ ‘ such purposes and upon such conditions as may be agreed uport having a majority of the outstanding eligible votes of the A (g) The right of Declarant and/or the tins apa conv 4 De % Area upon such terms and conditions a operators of any community 4g purpose of extending cable or 3.6. 7sements reserved or created in any part of this Declaration for kon are perpetual. All easements reserved or created herein for the (a) [fe f any part of the Common Area are taken by any authority having the power of condemnation or eminent domain or are conveyed in lieu thereof, the funds payable with respect thereto shall be payable to the Association and shall be used by the Association to purchase additional Common Area to replace that which has been condemned or to take whatever steps it deems reasonably necessary to repair any damage suffered by the condemnation. If all of the funds cannot be used in such manner, any remaining funds may be distributed equitably to the Owners.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 8 (b) If, all, or any part of a Lot is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof, and the Owner elects not to restore the remainder of the Lot, then the Owner shall promptly remove any remaining improvements damaged or destroyed by such taking or conveyance and shall leave the Lot in orderly, safe, and neat condition.
he remainder of the Lot, then the Owner shall promptly remove any remaining improvements damaged or destroyed by such taking or conveyance and shall leave the Lot in orderly, safe, and neat condition.
(c) If any part of a Lot is taken by any authority having the power of condemnation or eminent domain or is conveyed in lieu thereof and the Owner elects to restore the remaigder of the Lot, then, subject to the provisions of this Declaration, the Owner shall diligeng¢fy r&qtore, within ninety (90) days after the taking, the remainder of the Lot to the same conditioy in prior to such taking or conveyance.
3.8. Association's Access Easement. Each Owner, by accepting an intepést im whether or not it is so expressed in the instrument of conveyance, grants p access and entry over, across, under, and through the Property, includf (b) To perform maintenance that Documents or by Applicable La quired of the Owner by the Governing sr fails or refuses to perform such maintenance.
pertfon of the Property.
(j) To perform any and all functions or duties of the Association as permitted or required by the Governing Documents or by Applicable Law.
(k) Maintenance of the Common Areas.
3.9. |General Easements for Declarant. Declarant, so long as it shall retain record title to at least one (1) Lot, reserves for itself and for the Association the right and easement to the use of any Lot, or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 9 any portion thereof, as may be needed for repair, maintenance, or construction on any of the Property in accordance with these Restrictions.
ARTICLE 4 —- SECURITY 4.1. Security. The Association may, but is not obligated to, maintain, or support certain activities
or construction on any of the Property in accordance with these Restrictions.
ARTICLE 4 —- SECURITY 4.1. Security. The Association may, but is not obligated to, maintain, or support certain activities within the Property designed, either directly or indirectly, to improve safety or the percepgrgn of safety in shareholders, members, managers, committees, agents, and employe and Resident further acknowledges that Declarant, the Association © warranty, nor has the Owner or Resident relied on any representation no @nts, and employees, may ecurity or ineffectiveness y A LOT, AND THEIR arant Will hold record title to the Common Area for an set forth herein. The designation of real property as a indefinite period of time, subject t ¢ Declaration, the appraisal district, a taxing authority, a Common Area may be detepma sefaration elsewhere provides for a different allocation for a specific have the right and option (without the joinder and consent of any person or 5.2. Use. On the date of this Declaration, the Property's Common Area are intended for the exclusive use of the Owners and their guests and are not intended to be a public accommodation or a public facility within the meaning of the Americans with Disabilities Act. This provision may not be construed to prevent the Association from enlarging the use of a Common Area if such expansion is deemed to be in the best interest of the Association, or from opening a Common Area to use by the public if public use is a condition of a status or benefit that is deemed to be in the best interest of the Association.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 10 5.3. Change of Use. From time to time, the Association may modify a Common Area on a
best interest of the Association.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 10 5.3. Change of Use. From time to time, the Association may modify a Common Area on a temporary or long-term basis to respond to changing lifestyles, economies, environmental conditions, public policies, or recreational values, provided (1) the Board deems the modification to be in the best interest of the Association, and (2) the modification does not affect an agreement with or requirement of a public or quasi-public entity without the entity's written approval of the modification. Modification may include (without limitation) a change of use, or the removal, addition, relocation, or change or improvements on a Common Area. Unless required by a public or quasi-public entity, a modification does not require an amendment of this Declaration or of the Plat, even if a Common Area has,geen platted or improved for a particular use.
5.4. Components of Common Area. The Common Area may be improved or uni may consist of fee simple title, easements, leases, licenses, or other real or personal prgptfty located on a Lot or a public right-of-way: (a) All of the Property, save and except the Lots.
“6und the Property and the screening walls, fences, iation has a right or duty to maintain or regulate that fi Common Area. If it is in the best interest of the Association, as determined by the Board, a portion of the Common Area may license, lease, grant an easement, or allocate to one or more Lots for their sole and exclusive use, as a limited Common Area, whether or not the area is so designated on the Plat. Inherent in the limiting of a Common Area, maintenance of the limited Common Area becomes
their sole and exclusive use, as a limited Common Area, whether or not the area is so designated on the Plat. Inherent in the limiting of a Common Area, maintenance of the limited Common Area becomes the responsibility of the Owner to whom use it limited. For example, a Common Area that is difficult to access and maintain except via the adjoining Lot might be a candidate for limited Common Area.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 11 5.6. Personal Responsibility. Each Owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of conveyance and by occupying a Residence on the Property, acknowledges, understands, and agrees to each of the following statements: (a) Each Owner agrees to be informed about and to comply with the published or posted Common Area rules, including the Association's right to suspend use and access privileges of the Owner.
(b) The use and enjoyment of Common Areas involve risk of personal injury, ri risk of damage or loss to person and/or property.
of death, and (c) Each person using a Common Area assumes all risks of personal injury, death damage to property resulting from such use.
(d) Parents, guardians, hosts, caretakers, and supervisors are at glyti being and safety of their children and guests in their use of Coy (e) The Association, Declarant, Approved Builders, and their committees, agents, and employees are not providers, insweT in or on the Common Areas.
(f) The Association, Declarant, Approved committees, agents, and employees hg written — relating to safety or lack of at has delegated its nght to appoint and remove all the Board as provided below, the Architectural Control erest and will owe no duty to any other Owner or the
written — relating to safety or lack of at has delegated its nght to appoint and remove all the Board as provided below, the Architectural Control erest and will owe no duty to any other Owner or the is Declaration to the contrary, Declarant may appoint a members of the Architectural Cont Committee will be acting solely 1 Alue of the Improvements of all Owners, a committee of representatives ontrol Committee ("ACC") is hereby established to carry out all duties as Declarant's cOneepttial plan for the Property. At the discretion of the Board, the duties of the ACC may be delegated in whole or in part to a third-party representative of the ACC who need not be an Owner or a member of the Board.
6.2. Appointment of ACC Members. During the Development Period, the number and identity of the ACC members shall be decided by Declarant. In the event of the death or resignation of any member of the ACC, Declarant shall have full power and authority to appoint a successor committee member or members, chosen in its absolute and sole discretion. When the Development Period expires or when DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 12 Declarant has otherwise elected to cede control of the Association to the Owners, the Board shall appoint the successor members of the ACC, which shall consist of at least three (3) but no more than five (5) members, and which may not be a current Board member, a current Board member's spouse, or a person residing in a current Board member's household. The members of the ACC serve at the pleasure of the Board and may be removed and replaced at the Board's discretion, with or without cause. Members of the Declarant appointed ACC need not be Owners. The Association may hire professionals, such as architects,
and may be removed and replaced at the Board's discretion, with or without cause. Members of the Declarant appointed ACC need not be Owners. The Association may hire professionals, such as architects, engineers, and design consultants, to serve on or to advise the ACC at a compensation determined by the Board and such expenses may be charged to the Owner requesting the modification or impgovement.
6.3. ACC Approval Required. The ACC shall review all plans and modificatio of any kind (excluding exterior cosmetic alterations such as painting with to the existing color or hue) on a Lot or make an addition, alt Area, or if it may have an adverse impact on neighboring homes. The ACC to evaluate every aspect of construction, landscaping, and property usgatfa value or appearance of the Property. Generally, the architectural g shall harmonize as much as may be reasonable and pragtigable historical architecture of the area. Landscaping realy affect the general he improvements with the heritage and ith the natural occurring flora of the area using native or native hybrid plantyAs tauck Owner may be required to pay certain fees to the ACC to reimburse it ft W as provided in the Design Guidelines.
6.4. 6m the ACC, an Owner must make and submit final plans and specifications of the proposed Improvement, including ewati plans, foundation plans, plot plan, roof, outbuildings, colors, exterior lighting ing™t 3 ind, shape, color, size, materials, and locations of the work to be performed (collegtivg ag Additionally, the ACC is authorized to levy, in appropriate instances, a Plan review fd CC at the offices of the Association or at such address as may hereafter be designated in wri nie {H time. For purposes of this Section and the calculation
, in appropriate instances, a Plan review fd CC at the offices of the Association or at such address as may hereafter be designated in wri nie {H time. For purposes of this Section and the calculation of time, the first day afte sQctati 1 anaging agent receives the Plans and submission fee (if applicable) shall consti “Aiming of Completion of Approved Items. Notwithstanding the original construction of a Residence, all other applications approved by the ACC shall be completed within six (6) months after approval by the ACC or a such shorter period that the ACC may specify in the notice of approval, unless the completion is delayed due to causes beyond the reasonable control of the Owner, as determined by the ACC. If construction in accordance with such plans and specifications or variance is not commenced within such six (6) month period and diligently prosecuted to completion, the approval shall be deemed withdrawn and the Owner will be required to resubmit such plans and specifications or request for a variance to the ACC, and the ACC will have the authority to re-evaluate such plans and specifications. All work and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 13 related Improvements shall be in compliance with the items approved by the ACC. Extensions may be granted by the ACC upon written request by the Owner.
6.5. Subjective Standards. Standards for some rules and restrictions are inherently subjective, such as what is unattractive or offensive. The Association is not required to honor every Owner's individual tolerances. The use restrictions set forth herein, in particular, are not intended to shield a hypersensitive Owner from actions or circumstances that would be tolerable to a typical resident of the Property. On
The use restrictions set forth herein, in particular, are not intended to shield a hypersensitive Owner from actions or circumstances that would be tolerable to a typical resident of the Property. On lifestyle related rules, the Association may refrain from acting on a perceived violation ugless the Board determines the violation to be significant or a community-wide problem. The Associ compelled by one Owner to enforce rules and restrictions against another Owner. Owner deal directly and peaceably with each other about their differences.
The ACC may base its approval or disapproval on, among other things: (1) (2) (3) (4) (5) (6) €. The Governing Documents grant rights with the expectation that ways, places, and times that are customary for the Lexington Parks right is significantly inappropriate, unattractive, or otherwise unsuitable for the neighborhood, and thus constitutes a violation of the Governing Documents. In other words, the exercise of a right or restriction must comply with the spirit of the restriction as well as with the letter of the restriction.
6.7. ACC Discretion. The ACC will approve or disapprove all Plans in accordance with, among other things, this Declaration, Design Guidelines, and the Governing Documents. The ACC shall have full right and authority to utilize its sole discretion in approving or disapproving any Plans which are submitted.
Approval may be withheld if the construction or architectural design of any improvement is deemed, on DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 14 any grounds, including purely aesthetic grounds, necessary to protect the continuity of design or value of the Property, or to preserve the serenity and natural beauty of any surroundings. The ACC may exercise
ds, including purely aesthetic grounds, necessary to protect the continuity of design or value of the Property, or to preserve the serenity and natural beauty of any surroundings. The ACC may exercise discretion with respect to taste, design, and all standards specified by this Declaration. Prior approvals or disapprovals of the ACC pertaining to any improvement activities or regarding matters of design or aesthetics shall not be deemed binding upon the ACC for later requests for approval if the ACC feels that the repetition of such matters will have an adverse effect on the Property. The ACC shall have the express power to construe and interpret any covenant herein that may be capable of more than one construction, and to grant variances for certain requirements when, in its discretion, it is appropriate ta.do so (but no variance will be effective unless in writing and signed by the ACC). All approvals or diéappagvals by the ACC are for the sole benefit of the Association and the Owner to whom the approval Oxdisaproval is addressed, and no other Owner or any third party is or shall be deemed to be a third-party Be \ such approval or disapproval.
6.8. ACC Right to Inspect. During reasonable hours and, iffge Resigen reasonable advance notice, Declarant, members of the ACC, any mem Cd Lot, any Improvement, and any structure thereon, for the purpose of asce provisions of this Declaration have been or are being complied with, a inspections.
6.9. Variances. The Board and/or the A@C m Restriction, or rule on a case-by-case basis y its grant and such variance will not impair To be effective, a variance must be in writin eV appeal to the Board any decision by the ACC if ing to the Board, with a copy to the ACC, within thirty
is y its grant and such variance will not impair To be effective, a variance must be in writin eV appeal to the Board any decision by the ACC if ing to the Board, with a copy to the ACC, within thirty Mion. An Owner waives its right of appeal if it fails to submit (30) days after the date the decision is mailed to the Owner.
two-thirds of thes#rEmbers of the ACC and the consent of the Board. The Design Guidelines may include or incorporate any Rules and Regulations promulgated by Declarant or the Board.
6.12. Most Restrictive Instrument Applies. To the extent of any conflict between this Declaration, the Design Guidelines, or the Plat, the most restrictive instrument shall control. Accordingly, each Owner must obtain and study all three instruments and provide them to their architects, builders, contractors, and other appropriate parties prior to purchasing a Lot or commencing the construction of any improvements thereon.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 15 6.13. No Liability. Neither the Association, Board, ACC, its members, nor Declarant shall be liable to any person (including Owners) for any damage or injury to property arising out of their acts hereunder, except in the case of gross negligence or willful misconduct. Further, neither the Association, Board, ACC, its members, nor Declarant shall be deemed to have made any warranty or representation to any Owner or other third party about any matter whatsoever arising out of any approvals or inspections. Without limiting the foregoing, it is expressly agreed that no approval of Plans by the ACC and no construction inspection approvals shall be deemed a representation or warranty by the ACC that any Residence hag. cen or will be
ing, it is expressly agreed that no approval of Plans by the ACC and no construction inspection approvals shall be deemed a representation or warranty by the ACC that any Residence hag. cen or will be completed in a good and workmanlike manner or pursuant to the applicable building code acts by the ACC (such as approval or disapproval of Plans) shall give rise to any liabilit compliance of the Owner's Plans with governmental codes, ordinances, o 6.14. Approved Builders. Declarant may, without obligation to dogo, & roperty constructing single-family homes on such Lots. Each person or entJ authority to construct single-family homes in the Property will Builder" and be included on the list of Approved Buildg The phrase "Approved Builder" shall refer only to thgS¢ Arant as having as an "Approved not affect thosepexsOns or entities that an Owner hires or seeks to hire for purposes of remodeling existing homes in the Property. For purposes of this Declaration, becoming an Approved Builder will also mean that such entity will remain an Approved Builder for so long as it owns Lots or has control of Lots under a pending contract with Declarant.
Initially and until further notice, the Approved Builders will be Landon Homes and Toll Brothers.
The List will include these entities and their affiliates under common ownership or wholly owned subsidiaries. Declarant and/or the Board retain the right to periodically review the Approved Builders List and make amendments to such list at its sole and absolute discretion.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 16 C. Approved Builder Signs. In addition to the regulations relating to signs set forth herein, an
absolute discretion.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 16 C. Approved Builder Signs. In addition to the regulations relating to signs set forth herein, an Approved Builder shall not erect any signs elsewhere pertaining to Initial Improvements until Plans for such signs have been approved by the Declarant as a part of the Initial Improvements. Each Approved Builder may place a standard builder availability sign or standard builder sold sign, on any Lot that is substantially completed according to the contract between the Declarant and the Approved Builder, with the understanding that the type of signage, size, and locations must be acceptable to Declarant, or the Board, as applicable, within the Declarant or Board's reasonable discretion, such permission not to be unreasonably any and all liability, costs, damages, or expenses arising from any claim, action related in any way to that Approved Builder's use of the name the Property shall not confer any proprietary or other interest in the name*o Builder. The name may only be used in conjunction with the direct sales 0 addition and no other. Declarant reserves the right to notify any Ap é seASe, , desist, or and an Approved Builder must immediately comply with all such we D. Construction Standards.
1.
services, scheg er, sewer, roads, and parks imposed against the lots, and shall pay other permitting fees imposed against the lots in connection with City requirements for construction of the Initial Improvements. Each Approved Builder shall also be required to pay any utility connection charges for the water and sewer imposed by any governmental body or utility company.
F. Approved Builder Contracts with Purchasers. In connection with the Approved Builder
o pay any utility connection charges for the water and sewer imposed by any governmental body or utility company.
F. Approved Builder Contracts with Purchasers. In connection with the Approved Builder constructing Residences for purchase by Owners, each Approved Builder shall be required to fully disclose to such Owners at the time of execution of their purchase and sale agreements the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 17 1. Accopy of this Declaration.
2. Lexington Parks is being developed by Declarant, and Declarant is not a co-venturer, partner, stockholder, member, or other owner of any Approved Builder. Neither Declarant nor its owners or representatives is a guarantor of the performance by any Approved Builder of any of its obligations to any Owner, including without limitation, obligations provided in a purchase and sale agreement or otherwise.
hereto as Exhibit "D" and incorporated herein by reference, that di Association and related notifications for the Owners.
G. Existing Governmental Approvals. Declarant and its predecesso zoning, planning and environmental approvals for development ofthe into by Declarant and Declarant's predecessors, and all appli ¢ fmental regulations shall be referred to as the "Regulations". Approved Kuilge All ad development and design H. Future Governmental ApprovalsAnd § ig Pxoved Builders shall not, without the prior written consent of Declarant: (i) make@ issi for the purpose of changing or modifying apy exi ite plan, or other development plan affecting the Property; (ii) file any new pla development plan affecting the Property with any governmental authority; or (iii) ext Swhich are consistent with the Regulations,
r other development plan affecting the Property; (ii) file any new pla development plan affecting the Property with any governmental authority; or (iii) ext Swhich are consistent with the Regulations, make any request or submission wh) we digcrefiqnary action on the part of any governmental » Declarant for prior review, and, if Declarant consents Il dates and times for meetings between an Approved consent shall be provided by Declarant in writing and given est. Declarant's failure to timely approve a request in writing with t deemed a denial of the request.
inducement to selling Lots to an Approved Builder, insisted that Approved Builder agree that it would not do, permit, fail to do, or fail to permit anything that might adversely impact Declarant's development of any portion of Lexington Parks, but for such agreement, Declarant would not have sold the Lots to Approved Builder.
An Approved Builder shall not object to any application or request made by Declarant for a special use, variance, zoning change, development permit application, development agreement or any such similar governmental approval with respect to any portion of Lexington Parks, as long as such special use, variance, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 18 zoning change, application or approval does not materially and adversely affect the Lots sold to an Approved Builder or an Approved Builder's intended use of the Lots for the construction of single family residences on the Lots.
Notwithstanding anything to the contrary in this section, the foregoing shall not be deemed to require Declarant's consent, further review, or participation in any submissions, meetings, or other contacts
ithstanding anything to the contrary in this section, the foregoing shall not be deemed to require Declarant's consent, further review, or participation in any submissions, meetings, or other contacts with governmental authorities with respect to an Approved Builder's procurement of building permits and other approvals and permits necessary for construction of the Residences.
I. General Governmental Regulation. The City and other duly constituted authorities may, at any time in the future, further regulate and restrict the use of the Property; location, size, and use of improvements to be constructed thereon; the preservation of tre Each Approved Builder covenants and agrees that it will strictly observe compl regulations and restrictions applicable from time to time to the Prop effect on the date hereof or on any subsequent date; provided that the fore¥oi therefrom.
Each Approved Builder further agrees that it wi governmental authority, public utility, or Declarant for the installation and maintenance of public utilities and other service , telephone lines, power lines, gas mains, water mains, sewer and drainagefmafhy’a WicSsand cable television lines, provided (pon request by any in accord with approved Plans. Each Apprové j agreeS\to efecute such documents as may be reasonably required to evidence Approved ¢ 2 ‘t forth in this section and to impose similar covenants and requirements in anyé into by Approved Builder, its permitted grantees, assignees, and mortgagees.
ry sewers, grade stakes, surveyors' markers, curbs, storm or sanitary sewer connections, electric cables, Declarant, and all other persons, may proceed with the installation of utilities and service and with all other
stakes, surveyors' markers, curbs, storm or sanitary sewer connections, electric cables, Declarant, and all other persons, may proceed with the installation of utilities and service and with all other lawful work or occupancy without interruption and in a condition suitable for marketing. Each Approved Builder further agrees not to obstruct any granted utility or right-of-way easement to the Property, nor to impede access by governmental authorities, utility companies or Declarant, or their respective contractors or residents of Lexington Parks.
L. Construction Details. It shall be each Approved Builder's sole responsibility to maintain swales on or about the Lots to assure proper on-site drainage, consistent with all governmental approvals and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 19 regulations and the approved engineering plans for the lots. Each Approved Builder agrees to keep the Lots in a reasonably neat and orderly condition during construction of all Residence or related improvements, and to comply with all reasonable requests of Declarant or any governmental agency with respect to the appearance of the Lots during construction. Each Approved Builder shall provide, at a minimum, containers or wire fenced areas for construction debris, which shall be emptied not less than once a week.
All supplies and building materials shall be stored only in areas reasonably approved by Declarant upon an Approved Builder's request. Declarant will respond to such requests within three (3) days and when practical will endeavor to specify in writing the reasons for any disapproval. Any request pot approved or disapproved within three (3) days shall be deemed disapproved. Each Approved Buildg AL remove all
tical will endeavor to specify in writing the reasons for any disapproval. Any request pot approved or disapproved within three (3) days shall be deemed disapproved. Each Approved Buildg AL remove all construction debris upon the completion of construction in each area. All vehicles of an Ajprovéd Builder and the vehicles of any of its contractors, agents, or supplies will follow only such routes 8 ingress to the Lots as may be reasonably designated by Declarant, and that at all timge*the development or previously developed but unsold Lots, and no waste, tra weeds, underbrush, or other unsightly growths shall be permitted tgyremai be allowed to remain anywhere in Lexington Parks. Notwithstanding, it > he ap. To the extent required by applicable law theNgcC will accept an application for "reasonable f The ACC may require adequate documentation of the fusing Act protection as a condition of reviewing the p s appiicable law, the ACC may specify aspects of the reasonable secanmorlag oy that ite ace and value of the Property, and the right to choose an alternate portions of tht : aat afevisible from a street or common area without the prior written approval of the ACC.
ie ARTICLE 7 — USE RESTRICTIONS ots within the Property will be owned, held, encumbered, used, occupied, and enjoyed subject to the Restrictions, as the Restrictions may be amended or modified from time to time as herein provided.
No use shall be permitted on the Property which is not allowed under applicable public codes, ordinances and other laws either already adopted or as may be adopted by the City or other controlling public authorities. Each Owner, occupant, or other user of any portion of the Property, shall at all times comply
ther laws either already adopted or as may be adopted by the City or other controlling public authorities. Each Owner, occupant, or other user of any portion of the Property, shall at all times comply with this Declaration and with any and all laws, ordinances, policies, rules, regulations, and orders of all DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 20 federal, state, county and municipal governments other agencies having jurisdictional control over the Property, specifically including, but not limited to, applicable zoning restrictions placed upon the Property as they exist from time to time. IN SOME INSTANCES, GOVERNMENTAL REQUIREMENTS MAYBE MORE OR LESS RESTRICTIVE THAN THE PROVISIONS OF THIS DECLARATION. IN THE EVENT A CONFLICT EXISTS BETWEEN ANY SUCH GOVERNMENTAL REQUIREMENT AND ANY REQUIREMENT OF THIS DECLARATION, THE MOST RESTRICTIVE REQUIREMENT SHALL PREVAIL, EXCEPT IN CIRCUMSTANCES WHERE COMPLIANCE WITH A MORE RESTRICTIVE PROVISION OF THE DECLARATION WOULD RESULT IN A VIOLATION OF MANDATORY APPLICABLE GOVERNMENTAL REQUIREMENTS, IN WHICH NT THOSE GOVERNMENTAL REQUIREMENTS SHALL APPLY. COMPLIANCE WITH¢MA GOVERNMENTAL REQUIREMENTS WILL NOT RESULT IN THE BREA DECLARATION EVEN THOUGH SUCH COMPLIANCE MAY RESULT IN NONCS WITH PROVISIONS OF THIS DECLARATION. WHERE A GOVERNMENTAL DOES NOT CLEARLY CONFLICT WITH THE PROVISIONS OF THIS D PERMITS ACTION THAT IS DIFFERENT FROM THAT REQUIRED BY THIS PROVISIONS OF THIS DECLARATION SHALL PREVAIL AND/OQNTR developed in accordance with this Declaration, as this Declaration may : to time as herein provided. The provisions of this Article 7 set forth certain Property All master plans, site plans, brochures, illustrati ‘g materials relating
Declaration, as this Declaration may : to time as herein provided. The provisions of this Article 7 set forth certain Property All master plans, site plans, brochures, illustrati ‘g materials relating to the Property ("Conceptual Plans") are conceptual 1 arai P be used for illustrative purposes only. The land uses and Improvements reffe f as are subject to change at any time and from time to time, and it is expresslyf may include uses which are not shown on the Ter Declarant nor any Approved es and Improvements shown on the 7.1. i iby Residenti . No part of a Lot or improvements thereon, shall be défice on each Lot and certain accessory improvements, to the ally. authorized elsewhere i in this Declaration. It is the intent of construction office.
7.2. No Commercial Use. An Owner may maintain an office in a Residence for business purposes so long as: (a) the business does not involve any employee, customer, client, co-worker, or other party being present at the Residence; and (b) there is no sign or other visible evidence of the business on the Lot. No other business or commercial activity of any kind shall be conducted on a Lot, whether for profit or nonprofit. No hobby may be conducted on any Lot which attracts vehicular or pedestrian traffic to the Lot. Notwithstanding the foregoing, Declarant or Approved Builder, in Declarant's sole discretion, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 21 shall have the right to construct a model home on a Lot, and may, in connection with construction and sales operations on the Property, operate a sales office out of the model home.
7.3. Lease Restrictions. A Residence may be leased for a period of not less than six (6)
onnection with construction and sales operations on the Property, operate a sales office out of the model home.
7.3. Lease Restrictions. A Residence may be leased for a period of not less than six (6) consecutive months. Short term house swapping, renting or leasing arrangements, including agreements (any term less than six (6) consecutive months) through Airbnb, VRBO, or similar platforms are specifically and expressly prohibited. Upon acquiring an ownership interest in a Residence, the Owner may not lease the Residence, or any portion thereof, until the expiration of eighteen (18) months fro e date of the hardship. No portion of a Residence (other than the entire Residence) may be leased. All léa in writing and a copy of the lease, , along with contact information for the adult occupan a Residence is solely the Owner's decision and the receipt of informatt be construed or interpreted as the Association's approval or consent of tHe due diligence as to the tenant's qualifications. All tenants and occupants sha but the lease of a Residence shall not discharge the Owner from compJaafice with a copy of this Declaration and Governing Docum and the other documents of the Association, regardlg Wide), or pre-fabricated home of any kind, , shall be allowed on any Lot, except Declarant y proposed zoning change affecting the Property or any portion thereof without first obtaining the prior written consent of Declarant during the Development Period, and thereafter, the Board and ACC.
7.7. NVehicles/Parking. No parking of vehicles on the Lot except on the driveway or enclosed garage. No tractor trailer rigs may be parked on any part of the Property. No travel trailer, motor home,
.
7.7. NVehicles/Parking. No parking of vehicles on the Lot except on the driveway or enclosed garage. No tractor trailer rigs may be parked on any part of the Property. No travel trailer, motor home, camper, boat, aircraft, recreational vehicle, motorcycle, four-wheeler, tractor, or vehicles with three (3) or more axles or greater than one (1) ton carrying capacity, or the class equivalent, or similar vehicle or trailer DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 22 shall at any time be parked overnight in front of any Residence or within any building setback area.
Recreational vehicles and other similar vehicles may be temporarily parked on any Street within the Property or on a Lot for the purpose of loading or unloading, i.e., no greater than 24 consecutive hours. No such vehicles or trailers that are stripped down, wrecked, junked, or inoperable shall be kept, parked, stored, or maintained on any Lot unless in an enclosed structure or in a screened area which prevents the view thereof from any other Lot or street. Vehicles with painted advertisement(s) or wraps shall not be permitted on any part of the Property except for vehicles (1) kept fully enclosed within a garage located on such Lot or (2) is in use for the construction, maintenance, or repair of a Residence. No more than tyyo (2) vehicles pa Pr atitoles on Roads, K vehicles on the Roads, pérty may be used for the purpose of mining, gil, gas, or other hydrocarbons, minerals of any OIL AND GAS EXPLORATION OR PRODUCTION ACTIVITIES OF E MAY BE OIL AND GAS EXPLORATION OR PRODUCTION ON THE RS OVER WHOM NEITHER DECLARANT NOR ANY OWNER HAS ay, in its sole discretion, convey any Lot or Lots to any mineral owner or mineral
ACTIVITIES OF E MAY BE OIL AND GAS EXPLORATION OR PRODUCTION ON THE RS OVER WHOM NEITHER DECLARANT NOR ANY OWNER HAS ay, in its sole discretion, convey any Lot or Lots to any mineral owner or mineral between this Section and any other section of the Declaration, this Section shall control.
7.9. Trash. No trash, garbage, debris, or other refuse maybe burned, stored, disposed of, or allowed to remain upon any Lot or road, whether the Lot is vacant or otherwise. No Lot will be used or maintained as a dumping ground for rubbish, rocks, brush, grass clippings, garbage, or trash. Garbage and other waste will be kept in sealed, sanitary receptacle prior to disposal. Rubbish, trash, garbage, or other waste material to be disposed of shall be placed at all times in an appropriate varmint resistant receptacle.
If receptacles are not provided by the garbage selection service with whom the Association (if applicable) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 23 or Owner contracts, then each Owner shall be responsible for purchasing and maintaining its own garbage receptacles. No such receptacle shall be placed for collection in a location visible from any road more than twelve (12) hours prior to the scheduled collection time or allowed to remain in a location visible from any road more than twelve (12) hours after the scheduled collection time.
Trash containers and recycling bins must be stored in one of the following locations: (i) inside the garage of the single-family residence constructed on the Lot; or (ii) behind the single-family residence or fence constructed on the Lot in such a manner that the trash container and recycling bin is pot visible from
ngle-family residence constructed on the Lot; or (ii) behind the single-family residence or fence constructed on the Lot in such a manner that the trash container and recycling bin is pot visible from any street, alley, or adjacent Lot. The Board shall have the right to specify additional fOcatigns on each Owner's Lot in which trash containers or recycling bins must be stored.
7.10. No Nuisance or Noxious Activity. No noxious or gffemsi upon any Lot or Road by any Owner, construction workers hired other vehicles, or other noxious, offensive, or unsafe ey : wnatenialsafay be stored on the Property.
No horns, whistles, bells, or other sound devjCeS,(@ fan see devices used exclusively for security 7.11. Animals — Household ; cluding pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goatsfor g animal not considered to be a domestic household pet within the ordinary meaning a ion bf such words may be kept, maintained, or cared for on or within the Property (as used inthis, the term "domestic household pet" shall not mean or include non-traditional pg at-bellied pigs, miniature horses, goats, exotic snakes or lizards, monkeys, chickens or e Board may conclusively determine, in its sole discretion, whether a pa ic hdysehold pet within the ordinary meaning and interpretation of such words. N&Own’ three (3) animals, unless otherwise approved by the Board. No Owner shall d oose or become a nuisance to the other Residents. No pets may be raised for ga » gels Of any kind are expressly prohibited. Exotic animals (i.e., lions, monkeys, tige q pets“vith vicious, dangerous propensities (i.e., the propensity to jump on people,
o pets may be raised for ga » gels Of any kind are expressly prohibited. Exotic animals (i.e., lions, monkeys, tige q pets“vith vicious, dangerous propensities (i.e., the propensity to jump on people, bite ively growl or snarl at people) that may pose a safety or health threat to the community shall not All animals shall be kept in strict accordance with all Applicable Laws and must be regiStergdeffcensed, and vaccinated as required by Applicable Law. The Board may restrict pets to certain areas on the Property. If, in the opinion of the Board, any pet becomes a source of unreasonable annoyance to others, or the owner of the pet fails or refuses to comply with these restrictions, the Owner, upon written notice, may be required to remove the pet from the Property.
7.12. Lawns and Landscaping Maintenance. Except as otherwise provided for Duplex Lots, all grass, weeds, and vegetation on each Lot shall be maintained by the Owner at regular intervals as needed to maintain a neat and well-maintained appearance. All trees, grass, weeds, and vegetation located on any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 24 Lot must be properly maintained at all times by the Owner of such Lot in a trimmed, well-kept, and clean condition, as determined by the Board, in its sole and absolute discretion. Each Owner will keep all shrubs, trees, grass, and vegetation of every kind on his or her Lot cultivated, pruned, free of trash and other unsightly material. In addition, each Owner shall on a regular basis remove weeds from the yard, including, without limitation, flower beds and planter areas. Such Owner maintenance includes, but is not limited to, mowing, edging, pruning and trimming of trees and shrubs, application of herbicides and pesticides,
t limitation, flower beds and planter areas. Such Owner maintenance includes, but is not limited to, mowing, edging, pruning and trimming of trees and shrubs, application of herbicides and pesticides, fertilization, weed treatment, weeding, mulching, eradication of mosquitos, chinch bugs, fire, ants, or other pests. In addition to the maintenance responsibilities, the Owner is responsible for xeplacement of landscaping materials, plants, or trees which are damaged or destroyed because of pest: Sase, weather conditions or other causes.
such Lot, for the purpose of mowing and cleaning such Lot, and shall ha and collect from the Owner of such Lot the reasonable costs incurred <i reserved i in this Declaration for assessments and may be collected by any mea for the collection of assessments.
7.13. Signs. Signs are not otherwise allowed om signs may be permitted without prior written approvg ) "No Trespassing" or "No e no larger than one (1) square foot; pf an immediate family member in ust carry casualty insurance for the full insurable value of the ét use all insurance proceeds required to properly rebuild in case of other property taxes owing on the Owner's Lot.
7.17. Underground Utilities. All utility lines and other facilities installed by or for any Owner for electricity, water, cable, telephone, sewer, storm sewer, or other utilities must be installed underground; but this provision shall not apply to above-ground utilities existing on the date hereof and any replacement thereof by Declarant or those otherwise expressly authorized in writing by the ACC.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 25 7.18. Hazardous Activities. No activities may be conducted on or within the Property and no
zed in writing by the ACC.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 25 7.18. Hazardous Activities. No activities may be conducted on or within the Property and no improvements may be constructed on any portion of the Property which, in the opinion of the Board, are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks may be discharged upon any portion of the Property unless discharged in conjunction with an event approved in advance by the Board and no open fires may be lighted or permitted except within safe and well-designed fireplaces or in contained barbecue units while attended and in use for cooking purposes. No portion of the Property may be used for the takeoff, storage, or landing of aircraft (including, without limitation, helicopters) except for medical emergencies.
of the rear of the Residence. Basketball goals may not be attached to the Residence 9 with chain nets. All basketball goals must be well maintained and only péqni E well-kept appearance. Examples of property maintenance and a behind any portion of the rear of the Reside 7.21. Lig Mionz may not be used or placed i in a manner» , it Roard’S sole and absolute discretion, constitutes a nuisance or an unreasonable source gf annoyande to he oceupants of other Lots. Outside lighting fixtures e yaad oKthe applicable Lot and so as not to affect or reflect into rtenances such as sculptures, birdbaths and birdhouses, be placed on the Residence or on any other portion of This proviSion will ngtapply to Declarant or its designee or an Approved Builder during the Development Period. Visitompafking areas, if available, (being a street or alley) shall only be used for temporary parking
will ngtapply to Declarant or its designee or an Approved Builder during the Development Period. Visitompafking areas, if available, (being a street or alley) shall only be used for temporary parking by visitors. "Temporary" for the purposes of the foregoing sentence shall mean no more than twenty-four (24) hours.
7.23. Clotheslines; Window Air Conditioners. No clotheslines and no outdoor clothes drying or hanging shall be permitted within the Property, nor shall anything be hung, painted or displayed on the outside of the windows (or inside, if visible from the outside) or placed on the outside walls or outside surfaces of doors of any of the Residence, and no awnings, canopies or shutters shall be affixed or placed DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 26 upon the exterior walls or roofs of Residences, or any part thereof, nor relocated or extended, without the prior written consent of the ACC. Window air conditioners are prohibited. This Section 7.23 does not apply to such temporary items installed by Declarant or an Approved Builder during the Development Period.
7.24. Outbuildings, Sheds, and Detached Buildings. No detached buildings (including, but not limited to, outbuildings, gazebos, pool pavilions, cabanas, trellises, greenhouses, detached garages and storage buildings, and sheds) (collectively referred to as "buildings") shall be erected, placegyor constructed material composition; and (c) the exterior paint and roofing materials of such building shall with the existing paint and roofing materials of the Residence. Metal buildings are expt height at the tallest point and shall not be visible from street-view. Furt ore, { d comply with any applicable governmental requirements, including, inpitatig negéssary
ence. Metal buildings are expt height at the tallest point and shall not be visible from street-view. Furt ore, { d comply with any applicable governmental requirements, including, inpitatig negéssary setbacks and permits.
7.25. Spas, Pools, Hot Tubs, and Related Equipmen for the approval of plans and specifications for swimming pools, ed to the ACC accompanied by * portable pools, or t.
prefabricated or manufactured pools are permitted. bs visible from public view shall be skirted, decked, screened, or landgs@apgd i excludes pumps, plumbing, heaters, filters, etc. from view. All service equip fenced and located in either (a) the side yard between the front and rear bé ( S ie e, or (b) the rear yard. No pool, spa or hot tub shall be drained onto property ot Me swimming pool, spa and hot tub is constructed. The pool, spa or hot tub and‘ y, if ak all cortiply with City codes and be approved in writing by the ACC.
dition, as determined by the Board, in its sole and absolute d walkway on such Owner's Lot, including the adjacent aintenance includes, but is not limited to the following, be kept in good condition and repaiy ARS: patwfed or otherwise maintained by the Owner of such discretion. Each Owner shall keep the si (c) ee and shrub pruning.
atering landscaped areas as necessary to maintain turf and vegetation in a healthy living condition and in harmony with the community-wide standards.
(e) Keeping exterior lighting and mechanical facilities in working order.
(f) Keeping lawn and garden areas alive, free of weeds, and attractive.
(g) Keeping planting beds free of turf grass.
(h) Keeping sidewalks and driveways in good repair.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 27 (i) Complying with Applicable Law.
anting beds free of turf grass.
(h) Keeping sidewalks and driveways in good repair.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 27 (i) Complying with Applicable Law.
(j) Repainting of Improvements.
(k) Repair of exterior damage, and wear and tear to Improvements.
If, at any time, and from time to time, an Owner shall fail to control weeds, grass or unsightly growth, the Board shall have the authority and right to access such Lot, or direct a third party service.to access such Lot, for the purpose of mowing and cleaning such Lot, and shall have the authority andfigM&\to assess an Individual Assessment against the Owner of such Lot for the reasonable costs incurred in Setion with such mowing or cleaning.
growing season, as approved by the Association. The expenses for s Duplex Lot Common Expense. The Association is hereby granted an eaS¢ Duplex Lot and the Association and its assigns shall have a general right-o conditions or other causes except to the exte for such maintenance or replacement, respg one hand) and the Resideng exposed to the Road, be atfie one hand) and the Residence exterior and fence (on the syards and fenced areas, unless otherwise defined by the Board.
construction of the Residence; or (b) install landscaping or other Improvements that may interfere with, obstruct or divert drainage flows established by Declarant or Builder. The foregoing shall not prevent or limit Declarant from performing any grading work and/or changing any surface water drainage flow on any Lot. The Association is not responsible for any aspect of water drainage on a Lot.
7.29. Construction Activities. This Declaration will not be construed so as to unreasonably
ater drainage flow on any Lot. The Association is not responsible for any aspect of water drainage on a Lot.
7.29. Construction Activities. This Declaration will not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction or remodeling of or making of additions to Improvements by an Owner (including Declarant) upon any Lot within the Property.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 28 Specifically, no such construction activities will be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with diligence and conforms to usual construction practices in the area. If construction upon any Lot does not conform to usual practices in the area as determined by the Board, in its sole good faith judgment, the Board will have the authority to obtain an injunction to stop such construction. In addition, if during the course of construction upon any Lot, there is an excessive accumulation of debris of any kind that is offensive or detrimental to the Property or any portion thereof, then the Board may contract for or cause such debris to be removed, and the Owner of such Lot will be liable for all expenses incurred in connection therewith.
7.30. No Hunting/Firearms. No hunting or trapping (except the trapping of varnt allowed on any Lot. No firearms shall be discharged on any Lot.
outdoors on any Lot. All fires must be supervised by an adult at all ti 7.31. Fires. Only controlled fires, in compliance with all kee responsibility and risk of any such fires.
8.1.
C.
8.2. Amendments. During the I
Lot. All fires must be supervised by an adult at all ti 7.31. Fires. Only controlled fires, in compliance with all kee responsibility and risk of any such fires.
8.1.
C.
8.2. Amendments. During the I amend, correct, clarify, or replace the const clarant has the unilateral right to After the Development Period, X name is not the defining feature of the Association. Although the initial name of the Association 1s Lexington Parks Association of Homeowners, Inc., the Association may operate under any name that is approved by the Board and (1) registered by the Association with the County Clerk of County in which the Property is located as an assumed name, or (2) filed by the Association with the Secretary of State as the name of the filing entity. The Association may also change its name by amending the Governing Documents. Another legal entity with the same name as the Association or with a name based on the name of the Property is not the Association, which derives its authority from this Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 29 9.3. Duties. The duties and powers of the Association are those set forth in the Governing Documents, together with the general and implied powers of a property owners association and, as applicable, a nonprofit corporation organized under the laws of the State of Texas. Generally, the Association may do any and all things that are lawful and necessary, proper, or desirable in operating for the peace, health, comfort, and general benefit of its members, subject only to the limitations on the exercise of such powers as stated in the Governing Documents.
to the Owners without the need for any further act or action on the pap ws
benefit of its members, subject only to the limitations on the exercise of such powers as stated in the Governing Documents.
to the Owners without the need for any further act or action on the pap ws Declarant cedes control of the Association to the Owners, or at such eafl Declarant shall also deed to the Association title to the Common Area.
9.5. Membership in Association. Membership is autorpétic, Thy ownership of a Lot, and terminates when the Member is divested of Lot through judicial or non-judicial foreclosure, op'degtl i _Af a Lot is owned by more e 4 ne themselves how it will be somnershis before a purported owner is recognized by the Association as an O membership in the Association.
The vote for such Lot shall be exefci ermine, but in no event shall more than one (1) uniform in weight, regardle val eC location of the Lot or its improvements. Cumulative 140 one (1) vote for each Lot in which they hold the interest required is owned by more than one (1) Owner, the number of votes attributable to aatfOn to be made in writing to the Board. The Association shall have no affirmative obligation to take any action to determine which Member is the person designated to cast the Lot's vote.
If the Members fail to advise the Association of the person designated to cast the Lot's vote, then the Lot's vote shall be suspended if more than one person or entity seeks to exercise it.
(b) CLASS B: Declarant (and Declarant's successors and assigns, and expressly including Landon Homes, in accordance with the terms hereof), shall be the sole "Class B Member" (herein so called) so long as Declarant, or any such successor or assign, owns a single Lot or any portion of the Property,
es, in accordance with the terms hereof), shall be the sole "Class B Member" (herein so called) so long as Declarant, or any such successor or assign, owns a single Lot or any portion of the Property, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 30 including Common Area. The Class B Member shall be entitled to (1) twenty (20) votes for each Lot it owns, regardless of the time of the vote is within or after the Development Period. The Class B Member shall cease to be a Class B Member upon the closing of the sale of the last Lot owned by the Class B Member, and Class B shall cease to exist at such time; provided, however, upon inclusion of any Annexable Land by Declarant into the Property that is subject to this Declaration, the Class B voting rights of the Class B Member shall be automatically reinstated until the last Lot or portion of land within the Property, inclusive of the Annexable Land, is sold by Declarant or Class B Member.
third (1/3rd) of the members of the Board must be elected by the Owners other than thte such vote shall be at a meeting of the Members called for such purpose.
9.7. Quorum of Meeting of Owners. Unless the Bylaws or Applicable the presence of holders of twenty percent (20%) of the votes of the okey ye rg proxy, absentee ballot, or electronic ballot, shall constitute a quorum fo 9.8. Registration with the Association. Such that Declarant and An properly determine voting rights and acquaint every Lot purchaser and every Qavher wit? ¢ fictions and the day- -to- -day matters of the Association, each Owner shall have f£ i ixe W And obligation to Owner; (b) the telephone number and email addrgé ‘ number of each automobile owned or used by a the Property; (d) the name, acted (in the event the Owner cannot
shall have f£ i ixe W And obligation to Owner; (b) the telephone number and email addrgé ‘ number of each automobile owned or used by a the Property; (d) the name, acted (in the event the Owner cannot time to time by the Association. If any O i p or refuses to so provide, revise and update such information, then the Association may,@uti requ ed topuse whatever means it deems reasonable and appropriate to obtain such information witheCach other. Such communications may be by any method or methods that are available and customary. For example, if the Association is required by the Governing Documents or Applicable Law to make information available to Owners of all Lots, that requirement may be satisfied by posting the information on the Association's website or by using electronic means of disseminating the information, unless Applicable Law requires a specific method of communication. It is foreseeable that meetings of the Association and voting on issues may eventually be conducted via technology that is not widely available on the date of this Declaration. As communication technologies change, the Association may adopt as its universal standard any technology that is reasonably believed to be used by Owners of at least eighty-five DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 31 (85) percent of the Lots. Also, the Association may employ multiple methods of communicating with Owners.
9.11. Books and Records. The Association will maintain copies of the Governing Documents and the Association's books, records, and financial statements. The Association will make its books and records available to Owners, on request, for inspection and copying pursuant to the requirements of Applicable Law and the Bylaws.
ds, and financial statements. The Association will make its books and records available to Owners, on request, for inspection and copying pursuant to the requirements of Applicable Law and the Bylaws.
ARTICLE 10 - MANAGEMENT OF THE ASSOCIATION 10.1. Board. Subject to Section 9.4 above, the Association is governed by The Board shall have the exclusive right to contract for all goods, services, and insur right and obligation to perform the functions of the Board, except as ot e proyid Governing Documents expressly reserve a 11 ight, action, or decision to me 8 arrangements with other property q products, services, or opporpemttig members, such as to cong of scale. Common fi (1) Maintenance, care, preservation, and repair of the Common Area and the furnishing and upkeep of any desired personal property for use in the Common Area; (2) Any private trash and garbage collection service provided by the Association; (3) Taxes, insurance and utilities (including, without limitation, electricity, gas, water and sewer charges) which pertain to the Common Area only; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 32 (4) Any security arrangements; (5) The services of a person or firm (including Declarant and any affiliates of Declarant) to manage the Association or a separate portion thereof, 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 employed directly by the Board or by a manager designed by the Board; (6) Legal and accounting services; and (7) Any other materials, supplies, furniture, labor, service, maintenance, repatx
onnel are employed directly by the Board or by a manager designed by the Board; (6) Legal and accounting services; and (7) Any other materials, supplies, furniture, labor, service, maintenance, repatx alteration, taxes or assessments which the Board is required to obtain or pa collection and disbursement consumption and service mattefg sd by assignment or pledge of rights against ed by such assets of the Association as deemed the Owners in proportionate amounts to cover the deficiency; (8) To enforce the provisions of this Declaration, the Governing Documents, and any rules made hereunder and to fine, enjoin and/or seek damages from any Owner for violation of such provisions or rules.
10.6. Rules and Regulations. The Board may promulgate the Rules and Regulations. The Rules and Regulations, as promulgated and amended from time to time, are incorporated into this Declaration by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 33 this reference. A copy of the Rules and Regulations will be furnished to any Owner on request. The Rules and Regulations will supplement this Declaration and may make other and further provisions as to the activities of Owners or their Lots and within the Property. The Rules and Regulations may be amended from time to time by the Board. The Rules and Regulations may, at the discretion of Declarant or the Board, be incorporated into and made a part of the Design Guidelines.
10.6.1. Right to Promulgate Rules. The Board has the right to adopt, amend, repeal, and enforce reasonable rules, and penalties for infractions thereof, regarding the occupancy, yee, disposition, maintenance, appearance, and enjoyment of the Lots and Property. The right to make rue
, and enforce reasonable rules, and penalties for infractions thereof, regarding the occupancy, yee, disposition, maintenance, appearance, and enjoyment of the Lots and Property. The right to make rue includes the right to prohibit or to restrict. In addition to the restrictions contained in this As is owned and occupied subject to the right of the Board to establish rules, and penalties factions thereof, governing: (a) Use of Common Area.
(b) Hazardous, illegal, or annoying materials or activities on the 2 p (c) Use of Property wide services provided through the Assgef4 (d) Consumption of utilities billed to the SS (ec) Use, maintenance, and appearance of gXtefior (f) Landscaping and maintenance o (g) Occupancy and leasing of Reside (h) Animals.
(i) Vehicles.
(j) Disposition of trash anq co in, termites, and pests.
the Leader f0 ects. This right to indemnification does not exclude any other rights to which present or former Leaders may be entitled. The Association may maintain general liability and directors and officer's liability insurance to fund this obligation. Additionally, the Association may indemnify a person who is or was an employee, trustee, agent, or attorney of the Association, against any liability asserted against him and incurred by him in that capacity and arising out of that capacity. Additionally, the Association may indemnify a person who is or was an employee, trustee, agent, or attorney of the Association, against any liability asserted against him and incurred by him in that capacity and arising out of that capacity.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 34 10.8. Contracts with Owners. The Board, on behalf of the Association, shall have full power
sing out of that capacity.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 34 10.8. Contracts with Owners. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner (including, without limitation, Declarant) for the performance, on behalf of the Association, of services which the Board is otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable, and in the best interest of the Association.
10.9. Reserve Funds. The Board may establish reserve funds that may be maintained and accounted for separately from other funds maintained for annual operating expenses ang separate, irrevocable trust accounts to better demonstrate that the amounts deposited contributions and not net income to the Association.
ARTICLE 11 —- COVENANT FOR ASSESSMENT Yes If you fail to pay assessments to the Association, you m% home if the Association forecloses its asse covenants and agrees to pay to the Association reg in this Declaration, and covenants to the enforce Association as hereinafter provided. Such as é fees, shall be a charge upon the Lot asSessment is made. Each such assessment, hg reasonable attorney's fees, shall also be sessment became due. Such personal obligation purpose of promoting the recreation, health, safety, enjoyment, and welfare of the residents in the Property, for the improvement and maintenance of any capital improvements owned or controlled by the Association, establishing and maintaining repair and replacement reserves as determined by Declarant or the Association, the Duplex Lot Common Expense, the Estate Lot Common Expense, and any other purpose
ciation, establishing and maintaining repair and replacement reserves as determined by Declarant or the Association, the Duplex Lot Common Expense, the Estate Lot Common Expense, and any other purpose reasonable, necessary, or incidental to such purposes as determined by the Association. The Association shall not be obligated to spend all monies collected in a year, and may carry forward, as surplus, any balances remaining. The Association shall not be obligated to apply such surplus to the reduction of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 35 amount of the annual assessments in any later year, but may carry forward a surplus, as the Board deems desirable for the greater financial security of the Association.
11.3. Basis and Amount of Annual Assessments. The regular assessments shall be based upon the cash requirements, as the Association shall determine necessary to provide for the payment of all estimated expenses arising out of or connected with the purposes described above. The regular assessments may be due monthly, quarterly, or annually, as determined by the Board. Assessments shall be established and assessed in the following manner: (i) In determining each Annual Assessment, the Board shall separately assess Sach Wot in the manner herein provided and each Lot shall be charged with and subjected to a lien fd of such separate assessment which shall be deemed the "Annual Assessment" yet Lot.
(ii) The initial Base Annual Assessment for each Lot shall b No/100 Dollars ($1,500.00).
(111) In conjunction with the initial Base Annual Assessment, th charge for each Duplex Lot of Six Hundred and No/100 F Annual Assessment for each Duplex Lot shall bg4lwo Thq ($2,100.00). i» charge for each Estate Lot of Six
h the initial Base Annual Assessment, th charge for each Duplex Lot of Six Hundred and No/100 F Annual Assessment for each Duplex Lot shall bg4lwo Thq ($2,100.00). i» charge for each Estate Lot of Six Annual Assessment for each Estate ($2,100.00).
(v) Approved Builders, excluding Assessment attributable for eg wall pay fifty percent (50%) of the Annual or Estate Lot.
Owners, including potential Owne Neoutaged to contact the Board to determine the then-current assessment rate.
We increased by the Board by more than twenty-five percent y-one (51%) of the votes of those Members who are present and sctyéig duly called for such purpose. The assessments described in this e "Annual Assessments". The Board shall prescribe the applicable due epurpose of defraying in whole or in part the costs of construction, reconstruction, repair or replacement of a capital improvement, including necessary fixtures and personal property related thereto, or for such other lawful purposes related to the use and maintenance of the Property as the Association may determine; (b) applicable only to a particular Owner(s), for the purpose of defraying the costs of reconstruction, repair or replacement of a capital improvement, including necessary fixtures and personal property related thereto, in the event a particular Owner (or Owners) has taken any action or has failed to take action which has resulted in damage to, or extraordinary wear and tear of, a capital improvement; and (c) applicable only to a particular Owner (or Owners), to reimburse the Association as otherwise provided DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 36 for herein. Any such special assessment must have an affirmative vote of sixty-seven percent (67%) of the
ise provided DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 36 for herein. Any such special assessment must have an affirmative vote of sixty-seven percent (67%) of the votes of those Members who are voting, in person or by proxy, at a meeting duly called for such purpose.
11.5. The Effect of Non-Payment of Assessments: Remedies of the Association. Each Owner shall be deemed to covenant and agree to pay to the Association the assessments provided for herein, and each Owner agrees to the enforcement of the assessments in the manner herein specified. In the event the Association employs attorneys for collection of any assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Dgglaration, each Owner against whom collection or enforcement or other action is taken agrees to pay reag eC fees and costs thereby incurred in addition to any other amounts due or any other relief or re against said Owner. With respect to any assessment or other sum due herein not timely paid, thd shall have the right to: (a) charge a late fee, in an amount determined by the Board; (b the amount due at the Designated Interest Rate from the due date until the date the g costs and fees related to the collection of the sum due; (d) suspend the ey the mobtained Common Area amenities or facilities; and/or (e) exercise any other rerq Ss available as provided elsewhere in this Declaration. The Association may adopt'afoNe¢ctionf Pd equitable policies and procedures for the collection of Assessments. In the’ of any such assessment when due, the assessment shall be deemed delanrqtre On to any other n in any manner (a) ENFORCEMENT By SUIT. The Assog j
nd procedures for the collection of Assessments. In the’ of any such assessment when due, the assessment shall be deemed delanrqtre On to any other n in any manner (a) ENFORCEMENT By SUIT. The Assog j maintained in the name of the Associttion Ae g efiforce each such assessment (b) nection therewith, including reasonable attorney's fees.
€ of any default in payment of any such assessment, the xed representative, may, but shall not be required to, make a written (1) The name of the delinquent Owner; (2) The legal description and, if applicable, street address of the Lot against which the claim of lien is made; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 37 (3) The total amount claimed to be due and owing, as of the date of the filing, for the amount of the delinquency, interest thereon, collection costs, and reasonable attorney's fees; and (4) That the claim of lien is made by the Association pursuant to the Restrictions.
Notwithstanding the foregoing, it is expressly intended that the lien herein described shall immediately attach and become effective i in favor of the Association as a lie, upon any Lot recordation of the claim of lien thereof, except only tax liens for real property tax® assessments in favor of any municipal or other governmental assessing unit be foreclosed by judicial or non-judicial methods. A nonj conducted in accordance with the provisions applicable to ® other costs and expenses shall becoming an Owner of a Lot, foreclosure of this lien in this 11.6.
Board, and/or the manager shall upon demand at any time foomaistn to anyQwne é d : ment, a certificate in writing oe by Declarant and/or an officer collection pofteysefting forth the collection procedures and alternate payment schedule terms.
d at any time foomaistn to anyQwne é d : ment, a certificate in writing oe by Declarant and/or an officer collection pofteysefting forth the collection procedures and alternate payment schedule terms.
11.9. Capitalization of Association— HOA Reserve, Transfer Fees and Fees for Issuance of Resale Certificates.
(a) Each purchaser (other than Declarant) of any Lot will pay to the Association a reserve contribution ("Contribution") in an amount equal to Five Hundred and No/100 Dollars ($500.00), which amount shall be due immediately upon the transfer of title to the Lot. The Contribution shall apply to subsequent resales of a Lot. The Contribution may be increased without amendment to this Declaration, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 38 by a resolution of the Board, by no more than twenty-five percent (25%) per year. The resolution must be signed and acknowledged by an officer of the Board and recorded with the Real Property records to effectuate the change. The Board may transfer the funds to the Association's reserve fund account or operating fund account. The Contribution will be in addition to, not in lieu of, any other assessments or other charges levied in accordance with this Article and will not be considered an advance payment of such assessments.
(b) Notwithstanding the foregoing provision, the following transfers will not be subject to the requirement to pay the Contribution: (i) foreclosure of a deed of trust lien, tax lien, or t#fAssociation's assessment lien; (ii) transfer to, from, or by the Association; or (iii) voluntary transfer ban Qyyner to one or more co-owners, or to the Owner's spouse, child or parent. In the event of any dispute regagding the
en; (ii) transfer to, from, or by the Association; or (iii) voluntary transfer ban Qyyner to one or more co-owners, or to the Owner's spouse, child or parent. In the event of any dispute regagding the application of the Contribution to a particular Owner, the Board's determination regarding | the exemption will be binding and conclusive without regard to any contrary interpretatie gS hay, andslikely ’ eAransfer i6n pr its agent operation and management of the Association. The Association and/o will, have fees ("Transfer Fees") that will be charged to an Owner for gg of title to a Lot and the issuance of any "Resale Certificate" (herein so called shall not be required to issue a Resale Certificate until payment of the Tr.
(c) The Board may, at its sole discretion, enter into and og tir as a prepayment or credit agains any Assessments. This Section doe “obligate Board or any third purchaser) shall be gécived by the Association from the deficit to the Association; provided, more than an amount equal to the full eriod. Furthermore, Declarant's agreement to pay Budget yy eliminate or diminish Declarant's exemption from all assessments GLE 12 — ADMINISTRATION AND MANAGEMENT 6 Documents. The administration of the Property shall be governed by these Restrietions the-BYlaws, the Design Guidelines, the Rules and Regulations, and other duly adopted dedicatory instruments of the Association, as promulgated, recorded, and published from time to time.
12.2. Evidence of Compliance with Declaration. Records of Declarant or the Association with respect to compliance with this Declaration shall be conclusive evidence as to all matters shown by such records. A certificate of completion and compliance issued by Declarant, the secretary of the Association,
compliance with this Declaration shall be conclusive evidence as to all matters shown by such records. A certificate of completion and compliance issued by Declarant, the secretary of the Association, or designated agent, stating that the improvements to a Lot were made in accordance with this Declaration, or a certificate as to any matters relating to this Declaration issued by Declarant or the secretary of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 39 Association, shall be conclusive evidence that shall justify and protect any title company insuring title to any portion of the Property and shall fully protect any purchaser or lender in connection therewith.
12.3. Personal Property for Common Use. The Association may acquire and hold property, tangible, and intangible, real and personal, in the name of the Association, for the use and benefit of all Owners and may dispose of the same by sale or otherwise. The beneficial interest in any such property shall be owned by the Owners, and their interest therein shall not be transferable; however, the interest of an Owner shall be deemed to be transferred upon the transfer of title to the Owner'sqLot, including foreclosure.
ARTICLE 13 -- RIGHTS OF DECLARANT During the Development Period, Declarant hereby specifically exg@ajs, exa following rights and interests in the Property: d Aiprovements on the Property. In connection therewith, Declarant reserves the right 16 excavate the surface and subsurface of the ground for the erection, construction, and d improvements including, but not limited to, the right to locate, install, maintain,-ern Rai litys and utility lines, whether temporary or permanent,
of the ground for the erection, construction, and d improvements including, but not limited to, the right to locate, install, maintain,-ern Rai litys and utility lines, whether temporary or permanent, time to timéyand soley at Declarant's discretion, provide financial assistance to the Association. Providing financial assistafice one time, or from time to time, does not obligate Declarant to provide additional or continual financial assistance. The purpose of this Section is to describe the relationship between Declarant and the Association regarding Declarant's financial support and the duty of the Association to reimburse Declarant for some of Declarant's contributions under certain circumstances. In case of conflict between this Section and other provision of the Declaration, this Section controls. Declarant hereby reserves the right to be reimbursed by the Association for any shortfall loan and hereby creates an affirmative duty for the Association to fund the reimbursement if and when Declarant exercises this right. A shortfall loan arises automatically, with or without formality. A shortfall loan may be evidenced by a promissory note DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 40 executed by the Association in favor of Declarant or a person or entity designated by Declarant. A shortfall loan incurs no interest and will be repaid - upon demand - as the Association receives reimbursement of prepaid expenses, payment of delinquent assessments, or funding from loans or levied assessments.
13.6. Development of Property. Declarant reserves the right to facilitate the development, construction, and marketing of the Property and the right to direct the size, shape, and composition of the
.
13.6. Development of Property. Declarant reserves the right to facilitate the development, construction, and marketing of the Property and the right to direct the size, shape, and composition of the Property. Notwithstanding Applicable Laws that link a declarant's control of real property development with its control of the governing body, Declarant and this Declaration recognize the indepgadence of those Association without affecting any of Declarant's other rights and reservations under thi Applicable Law.
13.7. In 14.1.
ority to and shall obtain and maintain in full force and surance and such other insurance, as it deems necessary (b) Tie*ASsociation will not carry any insurance pertaining to, nor does it assume any liability or responsibility for, the real or personal property of the Owners (and their respective family members and guests). Each Owner expressly understands, covenants and agrees with Declaration and the Association that neither Declarant nor the Association has any responsibility or liability of any kind or character whatsoever regarding or pertaining to the real and personal property of each Owner and each Owner shall, from time to time and at various times, consult with reputable insurance industry representatives of each Owner's own selection to select, purchase, obtain and maintain appropriate insurance providing the amount, type and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 41 kind of insurance deemed satisfactory to each Owner covering his or her real and personal property. Ifa loss is due wholly or partly to an act or omission of an Owner or their invitees, the Owner shall reimburse the Association for the amount of the deductible that is attributable
personal property. Ifa loss is due wholly or partly to an act or omission of an Owner or their invitees, the Owner shall reimburse the Association for the amount of the deductible that is attributable to the act or omission upon demand from the Association.
14.2. Appointment of Association as Trustee. Each Owner irrevocably appoints the Association as his trustee to negotiate, receive, administer, and distribute the proceeds of any claim against an insurance policy maintained by the Association interest provision, it should contain an endorsement to preclude because of negligent acts of the Association or other any 14.5. Directors & Officers Liability.
liability insurance, errors and omissions insurgne advisable to insure the Association's directors for an act or omission in carrying out their eeifér insurance the Board deems embers, and managers against liability 14.6. Other Coverages. The Asso , by the board to be necessary or desirable e Association, including but not limited to worker's compensation insurance, fid insurance and bond requested and required by a national institutional underwriting lg G unit developments as long as the underwriting lender is a mortgagee or an owner.
14.7. Indemnific fon. “EN WRD MEMBER, OFFICER, DIRECTOR, ACC OR OTHER COMMITARE/ MEMBER, OR AGENT OF THE ASSOCIATION SHALL BE INDEMNIFIED BY THE ASSOCIATION AGAINST ALL EXPENSES AND LIABILITIES INCLUDING ARTORNEWS FEFES/REASONABLY INCURRED BY OR IMPOSED UPON HIM IN ANY PROGEEDINGTO WHICH HE MAYBE A PARTY, OR IN WHICH HE MAY BECOME INYOLVED, BRREASONOPHIS BEING OR HAVING BEEN A BOARD MEMBER, OFFICER.
DRRECKOR, COMMI-TEE MEMBER, OR AGENT OF THE ASSOCIATION: PROVIDED HOWEVER, THAY (Aj IN THE CASE OF DECLARANT OR ANY AFFILIATE ENTITY OF
VED, BRREASONOPHIS BEING OR HAVING BEEN A BOARD MEMBER, OFFICER.
DRRECKOR, COMMI-TEE MEMBER, OR AGENT OF THE ASSOCIATION: PROVIDED HOWEVER, THAY (Aj IN THE CASE OF DECLARANT OR ANY AFFILIATE ENTITY OF DECLARANT, OR ANY OFFICER, DIRECTOR, OR EMPLOYEE OF DECLARANT OR ANY AFFILIAKE, THISANDEMNIFICATION SHALL NOT APPLY IF DECLARANT OR ANY AFFILIATE “OR THE INDEMNIFIED OFFICER, DIRECTOR, OR EMPLOYEE OF DECLARANT OR ANY AFFILIATE IS ADJUDGED GUILTY OF GROSS NEGLIGENCE OR MALFEASANCE IN THE PERFORMANCE OF ITS OR HIS OBLIGATIONS HEREUNDER AND (B) IN THE CASE OF ANY OTHER INDEMNIFIED PARTY, THIS INDEMNIFICATION SHALL BE APPLICABLE ONLY AS SET FORTH IN THE BYLAWS OF THE ASSOCIATION.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 42 ARTICLE 15 - OWNER ACKNOWLEDGMENTS 15.1. Adjacent Land Use. By acquiring an ownership interest in a Lot, each Owner acknowledges that the uses, platting, and development of land within, adjacent to, or near the Property may change over time, and from time to time, and that such a change may affect the value of Owner's Lot. Whether an Owner is consulted about a proposed change to real property within the vicinity of the Owner's Lot is a function of local government, and not a function of the Association. Nothing in this Declaration or the other Governing Documents may be construed as a representation of any kind by the Association, Approyed Builders, or Declarant as to current or future uses, actual or permitted, of any land that is adjacent to or@iear We Property, regardless of what the Plat shows as potential uses of adjoining land. The Association, AppxovedNBuilders, uses or conditions of adjacent or nearby land, water, or air.
15.2. Site Inspection. A prospective owner or resident mu
t shows as potential uses of adjoining land. The Association, AppxovedNBuilders, uses or conditions of adjacent or nearby land, water, or air.
15.2. Site Inspection. A prospective owner or resident mu Property, its location, and adjoining land uses, and make inquiries of anything of the date of the Declaration, neither the Association nor Declara are the only noteworthy features of the Property or its location.
15.3. Notice of Imprecise Terminolo to describe land uses are imprecise terms which City ordinances, or to improve the appearané rights of way. If the Association fails tqumei on Areas to a standard acceptable to the City, a Antenance. If the Association fails or refuses to perform the maintenance within a feas6nabl&p ime after receiving the City's written demand (at SA sse written notice of its intent toade.so to the afion. The City may give its notices and demands to any 15.5.1. Mineral Interests Reserved. On the date of this Declaration, it is expected that all mineral interests and water rights will have been reserved by a prior owner of the Property or conveyed pursuant to one or more deeds or other instruments recorded in the Real Property Records of the County Clerk of the county in which the Property is located, including but not limited to rights to all oil, gas, or other minerals and water lying on, in, or under the Property and surface rights of ingress and egress.
Because the instruments conveying or reserving mineral interests and water rights were recorded prior to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 43 this Declaration, those interests in the Property are superior and are not affected by any provision to the
d prior to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 43 this Declaration, those interests in the Property are superior and are not affected by any provision to the contrary in this Declaration. By accepting title to or interest in a Lot, every Owner acknowledges the existence of the mineral and water rights and/or reservations referenced in this Section and the attendant rights in favor of the owner or owners of the mineral interests.
15.5.2. Mineral Reservation by Declarant. In the event (1) a mineral interest or water right for any part of the Property has not been reserved or conveyed prior to Declarant's conveyance of the Property, or (2) a reservation or conveyance of mineral interests and water rights is determjae to be invalid or to have terminated, Declarant hereby reserves for itself all right, title, and interest in ahd t&the oil, gas, and other minerals and water in, on, and under and that may be produced from the Property) hold forever.
accepting title to or interest in a Lot, irrevocably appoints the Association ash administer, and distribute the proceeds of any interest in oil, gas, mipet in, on, under, or over the Owner's Lot and that may be produced frq undivided benefit of all Owners of the Property.
15.6. Notice of Limitation on Liabilit/ YH DRVBLOPMENY OF THE PROPERTY OCCURS DURING A PERIOD WHEN MAN baa RNMENTS ARE TRYING TO BE ABSOLVED OF LIABILITY FOR FLOODSDAMAGENXTONPRIVATE PROPERTY. AS A CONDITION OF PLAT APPROVAL, 4 GOYABNMBNTABENTITY MAY REQUIRE A PLAT NOTE THAT NOT ONLY DISAVOWSTHE@NTELY SLIABILITY FOR FLOOD DAMAGE BUT CONVEYANCE IS REQUIRED BY THENDISTRICD OR ENTITY, OR IF THE BOARD DEEMS SUCH A CONVEYANCE TOLBE INNTHRBESY INTEREST OF THE ASSOCIATION.
THAT NOT ONLY DISAVOWSTHE@NTELY SLIABILITY FOR FLOOD DAMAGE BUT CONVEYANCE IS REQUIRED BY THENDISTRICD OR ENTITY, OR IF THE BOARD DEEMS SUCH A CONVEYANCE TOLBE INNTHRBESY INTEREST OF THE ASSOCIATION.
THE ASSOCIATION MAY ACCEPT OR\CONVEY A REAL PROPERTY INTEREST IN A COMMON AREA FROM OR TOAAS*THEXCASH MAY BE, A PRIVATE PERSON IF THE CHANGE OF OWNERSHIP DGESWNOT RESULT IN A SIGNIFICANT CHANGE OF LAND USE AND IF THE CONVEYANCE 4S AQPROVED BY OWNERS REPRESENTING AT LEAST A MAJORITY OF vor IN TK ASSOCIA ON. ANY OTHER CONVEYANCE OF COMMON AREAS, EXCEPT T@ AND FRONPDECLARANT, OR FROM A BUILDER, MUST BE APPROVEDABY a tay ie TEAST TWO-THIRDS OF THE LOTS. PROPERTY TO ALL ORBARROFS COMMON AREA, AN EASEMENT ACROSS REAL PROPERTY, AND A LBASE OR MCENSE OF REAL PROPERTY.
ement. Each Owner acknowledges that the failure or excessive movement of 3 tsidence can result in the diminished value and overall desirability of the entire Property. “Each OwneyAgrees and understands that the maintenance of the moisture content of the soils on each Lot is fegessar¥ to preserve the structural integrity of each Residence in the Property. Each Owner also acknowledges that the long-term value and desirability of the Property is contingent upon each Owner maintaining his Residence so that no structural failure or excessive soil movement occurs within the Property.
EACH OWNER IS HEREBY NOTIFIED THAT THE SOIL COMPOSITION IN NORTH TEXAS IN GENERAL AND THE PROPERTY IN PARTICULAR AND THE CONDITION OF THE LOTS MAY RESULT IN THE SWELLING AND/OR CONTRACTION OF THE SOIL IN AND AROUND THE LOT IF THE OWNER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 44 OF THE LOT DOES NOT EXERCISE THE PROPER CARE AND
ING AND/OR CONTRACTION OF THE SOIL IN AND AROUND THE LOT IF THE OWNER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 44 OF THE LOT DOES NOT EXERCISE THE PROPER CARE AND MAINTENANCE OF THE SOIL REQUIRED TO PREVENT SOIL MOVEMENT.
If an Owner fails to exercise the necessary precautions, then damage, settlement, movement or upheaval to the foundation and structural failure may occur. Owners are highly encouraged to install and maintain proper irrigation around their Residence or take such other measures to ensure even, proportional, and prudent watering around the foundation of the Residence.
ARTICLE 16 —PROVISIONS APPLICABLE ONLY TO THE estate gated Estate Lot sections, if applicable: 16.1. Private Streets. The Roads within such sections would be priya dedicated for public access or use, subject to the dedication language in the F sections: make any repairs to the Roads reag access. The City, so long as thg obligation or right to mainjé Association’s costs of mg weetsand alleys as long as they are private streets and alleys, except repairs made necessary by reason of installation, repair, or replacement of municipal utilities located therein or in the utility easements adjacent thereto.
(e) So long as such streets and alleys are private, the sole responsibility for maintenance, repair, and replacement thereof shall be borne by the Association. Such maintenance, repair, and replacement shall be in conformance with the requirements, standards, and specifications of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 45 City, as presently in effect or as same may be hereafter amended. This provision may be enforced by specific performance or by any other remedy allowed by law.
RESTRICTIONS FOR LEXINGTON PARKS PAGE 45 City, as presently in effect or as same may be hereafter amended. This provision may be enforced by specific performance or by any other remedy allowed by law.
(f) Neither the Owners of the Estates Lots, nor the Association, nor any other association or other organization or entity representing them shall have the nght to request dedication (whether by voluntary or involuntary act or omission) of such private streets and alleys to the City unless and until the City has inspected such streets and alleys and determined that, at the time in question, they meet the City's standards. If the City desires to accept a dedication of said stygets and alleys, the Association, its successors or assigns, or the Owners of the Estate Lots ¢ pake, at the Association's expense, all repairs required by the City to comply with then Cit City shall have sole discretion to accept or reject a proposed dedication of the privat alleys to the City. Before dedication, all public improvements and dedications-she clear of all debt, liens, and/or encumbrances.
(g) The easements and public use areas, as shown, are sedi) of the Property in this subdivision, their leasees, invitees, and licerSeg indicated on this plat.
(h) The provisions hereof shall be binding upon and subdivision, their successors and assigns and t ssocia provisions hereof may be enforced by Inge Association.
pfs and assigns. The subdivision, and/or the as public streets and alleys, by the City.
Msseeration reserves the right to close the street to the public at any of the street to the public, and acceptance of the same by the City.
out limitation, law enforcement, fire, ambulance, sanitation, inspection, In addition, Utility Easements may also be used for the mutual use and
to the public, and acceptance of the same by the City.
out limitation, law enforcement, fire, ambulance, sanitation, inspection, In addition, Utility Easements may also be used for the mutual use and their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity of procuring permission from anyone.
(1) The Association hereby agrees and recognizes that the entire subdivision is benefited by the City allowing the Owners to maintain and control access to the private streets shown hereon, and that the City is benefited by having the value of the property enhanced for ad valorem tax purposes and not being under any maintenance obligations with respect to the private streets and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 46 alleys. For purposes of enforcement of these covenants, the benefits shall constitute sufficient and valid consideration.
(m) The area or areas shown on the Plat as "Street Easement" are hereby given and granted to the City, its successors and assigns, as an easement to construct, reconstruct, operate, repair, rebuild, replace, relocate, alter, remove and perpetually maintain street and highway facilities, together with all appurtenances and incidental improvements, in, upon and across certain real property. Appurtenances and incidental improvements include, but are not lingted to, curbs, shall restore the surface of the Street Easement as close to the condition j before such work was undertaken as is reasonably practicab structures within the Street Easement that were removed as ar (n) The Association covenants and agrees that the access ease
o the condition j before such work was undertaken as is reasonably practicab structures within the Street Easement that were removed as ar (n) The Association covenants and agrees that the access ease ingress and egress to other real property, adjacent to Lexingterr¥ hand to all public utility entities providing Streets to construct, install, maintain, operate, pfi may establish and promulgate additional covenants and restrictions for gs on the Roads.
acknowledges the following: (a) The Board will have the sole authority, in the Board's sole and exclusive discretion, to determine when the System will become operational.
(b) Neither Declarant nor the Association is responsible for providing security to the Owners or their family members, guests, invitees or their property. The purpose of the System will be to provide some degree of restriction of vehicular access onto the Streets. However, there is DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 47 absolutely no guarantee or assurance whatsoever that the presence of the System will in any way increase the personal security or safety of any Owner or their family members, guests, invitees or their property. Each Owner's personal and property security is that Owner's own responsibility.
(c) The City will have access to the Property for law enforcement purposes. Each Owner must look to the City for the provision of law enforcement and police protection; provided, however, the Town police will not make routine patrols, enforce traffic or parking ordinances or prepare accident reports in the Property.
(d) The System is not intended to replace or to serve in lieu of individual ake other measures to provide security at a Residence or within any Estate Lot.
or prepare accident reports in the Property.
(d) The System is not intended to replace or to serve in lieu of individual ake other measures to provide security at a Residence or within any Estate Lot.
encouraged to install such Owner's own personal security devices to the same ¢ prudent if the System did not exist.
(e) The System will be installed based upon the remedy ok vghdo operational and performance capabilities of the components OfAhe gm.
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARR IMPLIED, AND DECLARANT MAKES NO REPRESENFA OF ANY NATURE WHATSOEVER REGARDI WITHOUT LIMITATION, ANY IMPLIED AWARRAS FITNESS OR THE PURPOSE FOR WHI iw: WA the Association expressly or impliedly gu gc thé or consequences which the System is desj e System will be paid by the Owners e authority to promulgate guidelines the proper manner and within the rules and regulations time to time, by the Association.
During the Development Period, the Declaration, the Restrictions, other Governing Document may be amended or revoked only by Declarant, and no other Owner shall have a vote regarding amendment or revocation. Nor may this Declaration or any other Governing Document be amended to increase the liabilities or responsibilities of Declarant without Declarant's written and acknowledged consent, which must be part of the recorded amended instrument.
ATIGrt 17.3. Amendment by Board. The Board may not unilaterally amend the Declaration, Restrictions, or Governing Documents, except for the following limited purposes, which must be clearly DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 48 identified in the instrument of amendment, and then only to the extent necessary to achieve the permitted
t be clearly DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 48 identified in the instrument of amendment, and then only to the extent necessary to achieve the permitted goal, and only with the unanimous written consent of all directors, there being no vacancy on the Board: (a) To qualify the Property or the Association for mortgage underwriting, tax exemption, insurance coverage, or any public or quasi-public program or benefit, if doing so is in the best interests of the Association and its members.
(b) To correct an obvious error that affects the validity or enforceability of the do so is in the best interests of the Association and its members.
ent, if doing (c) To comply with a requirement of Applicable Law that requires a specific pre included in or removed from a document.
executed by Declarant alone, or by the Board alone, amendments to this€Degfaratiog the consent of sixty-seven percent (67%) of all outstanding votes of the Owng i to one (1) vote. Cumulative voting will not be permitted. For an amen requires th the eee of the Owners, the consents may be solicited byaf 17.4. Amendment by Owners. Except for certain nso sO UD eiby the Board, s each Owner the opportunity to vote for or against the proposed amend i Amendment approved by the requisite number of Owners or directors must h : en ment (a) referencing the name of the Property, the name of the Association, ‘gah gia“Of this Declaration and any amendments hereto; (b) signed and acknowlgdge Ne Association, certifying the requisite approval of Owners or directors, and (c) re eal PropertyRecords of Collin County, Texas.
An amendment to terminate the Declaration strict pproved by Owners of at least eighty (80) percent of the Lots.
d how it was affected by Applicable Law. The Notice
ertyRecords of Collin County, Texas.
An amendment to terminate the Declaration strict pproved by Owners of at least eighty (80) percent of the Lots.
d how it was affected by Applicable Law. The Notice y records and does not constitute an amendment of the equity, to ottaipua“temporary restraining order and subsequent injunction, to enforce the Governing Documents, and may recover the damages owed by such Owner pursuant to the section below, any other damages incurred by the Association, and its reasonable expenses, including attorney's fees. Without limiting the foregoing, the Association may take such other action as it deems necessary to cure the Owner's violation and the cost expended by the Association in doing so shall be a charge and lien upon the subject Lot.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 49 17.6. Damages for Violations. Any Owner in breach or violation of the Governing Documents may incur a monetary penalty until the breach or violation is remedied or cured. The Board may establish a fine policy or structure consistent with this Section 17.6. Such sum shall be payable to the Association as damages. The right to impose damages shall be cumulative and not restrictive of any other remedies at law or in equity.
17.7. Enforcement. Except as otherwise provided herein, any Owner of Lot, at such Owner's own expense, Declarant and the Association will have the right to enforce, by a proceeding at Jay or in equity, all of the provisions of this Declaration. The Association and/or the Declarant may ifitiat& defend, or Declarant or the Association. Any violation of any Applicable Law Pen 7 or use of any portion of the Property is hereby declared to be a vivlatiol og i
ion and/or the Declarant may ifitiat& defend, or Declarant or the Association. Any violation of any Applicable Law Pen 7 or use of any portion of the Property is hereby declared to be a vivlatiol og i all of the enforcement procedures set forth herein. Failure to enforce an terms and provisions of the Restrictions shall in no event give Declarant, the Association, or any of their partners, dipé i. PACH OWNER, BY BY RELEASES AND PARTNERS, DIRECTORS, OFFICERS, NaS ANDWAGAINST ANY DAMAGES, CLAIMS, OR LIABILITY ASSOCIATEDMAV$ K fk BOF THE DECLARANT OR THE ASSOCIATION TO ENFORCE THE 4 QNS OF THE RESTRICTIONS, REGARDLESS OF WHETHER SUCH NFORCE WAS THE DUE TO THE Governing Documents POlice, fire, and other public safety ordinances of any governmental 17.9. : i diction over any portion of the Property shall govern where more restrictive 17.11. S@verability. Invalidation of any provision of this Declaration by judgment or court decree shall in no way affect any other provisions which shall remain in full force and effect. Nothing herein shall be in conflict with Texas homestead law. Should a provision herein be in conflict, Texas homestead law shall apply. All other provisions shall remain in full force and effect.
17.12. Intentionally Omitted.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 50 17.13. Annexation. Declarant unilaterally, or the Association upon an affirmative vote of two-thirds (2/3) of the Lots in the Property, may at any time subject additional land to this Declaration and the Restrictions by filing an amendment or supplement to this Declaration covering the additional land and declaring it to be subject hereto. Unless the additional land is an easement interest or Common Area, the
ions by filing an amendment or supplement to this Declaration covering the additional land and declaring it to be subject hereto. Unless the additional land is an easement interest or Common Area, the land covered by the amendment to this Declaration shall be deemed to be a Lot or Lots, as described in the amendment or supplement, and part of the Property and each Owner of the additional land shall be deemed an Owner, and entitled to membership in the Association, in accordance with the terms of this Declaration.
No further action or approval shall be required or necessary for the Declarant to annex additignal properties into the Property for the purpose of subjecting it to the Declaration. Any instrument sul ¢ additional covenants not found in this Declaration. Upon the annexation and platting of any additiona herein provided, each lot described therein shall become a "Lot" for all purposes hereypdt Nothing herein contained shall establish any duty or obligation ga the pagt of Dg In determining the number of Lots owned by Declarant for the puts status according to Section 9.6 hereof, the total number of Lots covepett S : , including all Lots annexed thereto, shall be considered. If Class B membership ¢ apsedbut annexation of additional property restores the ratio of Lots ring hep ea , quired by Class B membership, such Class B membership shall be reingft ht to the terms of Section 9.6.
in whole or in part, for any reason, such as xe Ae Ties, oO increase or decrease the number of lots in the Property, to change land use, to c@ i afation in one or more installments by recording a supplemental of Collin County, Texas.
s Declaration, that all of the provisions of this Declaration, as amended, shall apply
change land use, to c@ i afation in one or more installments by recording a supplemental of Collin County, Texas.
s Declaration, that all of the provisions of this Declaration, as amended, shall apply to the Annexable Land being added or annexed with the same force and effect as if said Annexable Land were originally included in this Declaration, and that the Annexable Land being annexed shall be developed, held, used, sold and conveyed in accordance with, and subject to, the provisions of this Declaration as theretofore and thereafter amended; (111) | The Supplemental Declaration is only intended to annex the Annexable Land and shall not contain any terms or provisions that are in conflict, inconsistent or contradictory to this DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 51 Declaration. In the event of any conflict, inconsistency, or contradiction, the terms of this Declaration shall control and supersede the terms of the Supplemental Declaration; and (iv) That an assessment lien is therein created and reserved in favor of the Association to secure collection of the Assessments as provided in this Declaration, and as provided for, authorized, or contemplated in the Supplemental Declaration, and setting forth the Assessment and the amount of any other then applicable Assessments (if any) for the Lots within the Annexable Land being made subject to this Declaration.
17.14. Gender and Grammar. The singular wherever used herein shall be constfugd tOqynean the either to corporations or individuals, men, or women, in all cases shall be assumed thqagtMf sed in each case.
either to corporations or individuals, men, or women, in all cases shall be assumed thqagtMf sed in each case.
shall be deemed to have been properly delivered when deposited in the Unitgd Sts Al age prepaid, or such other address and Owner has registered with the ACC.
o“Document are to be Document. All doubts 17.16. Liberal Interpretation. The terms and liberally construed to give effect to the purposes g es; regardless which party seeks ant's interests in the Property; second fd sell-out of the Property; third to address sONhat the QWner can receive email notifications of certain required communications form the Association. “Shotfid the Association not maintain a community website, and then the Association shall provide each Owner with an Official Email Registration Form so that the Owner might provide to the Association an email address for the purpose of receiving email notifications of certain required communications from the Association. It shall be the Owner's responsibility to complete and submit the form to the Association, as well as updating the Association with changes to their email address whenever necessary.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 52 17.19 Provisions for the Benefit of the City. The following provisions are intended to incorporate various provisions of Section 8.11 of the City’s Subdivision Ordinance, including certain definitions, and shall prevail and control in the event of any conflict with the terms and conditions of the Governing Documents: (a) The City shall have no obligation or responsibility for the enforcement of the Restrictions, the
and control in the event of any conflict with the terms and conditions of the Governing Documents: (a) The City shall have no obligation or responsibility for the enforcement of the Restrictions, the Design Guidelines or any of the Governing Documents, the sole authority and responsibility for doing so being reserved exclusively to the Association.
(b) None of the Governing Documents relating to the maintenance of the amenitiesNp Major Creeks and tributaries, thoroughfare screening, any other Association- maint facility, or related reserve fund shall be valid or effective without the City’s prip e streets, respective heirs, executors, administrators, devisees, persona for any damages, injuries (including death), and/or liabi, afiy amenity, private thoroughfare screening, common area landscaping or any other As cility (e) The City is hereby granted access fopyremk : quipment and personnel and granted the right to engage in improvements ang agea within the 100-Year Floodplain in the event same is not properly mi om by vOn, as determined by the Director of Engineering Services, and all such cg inte incurred by the City shall be reimbursed to public use. In the even y approval for private streets is revoked or the private streets are otherwise convé to pub c gtreets, any reserve fund established and maintained by the Association fo pair and replacement of private streets shall become the 6 obligation to maintain, repair or reconstruct private streets, such ssponsibility being reserved exclusively to the Association as such private are 4intained to City standards; (i111) The City may revoke any specific approval or Specific Use Permit for private streets and
nsibility being reserved exclusively to the Association as such private are 4intained to City standards; (i111) The City may revoke any specific approval or Specific Use Permit for private streets and take appropriate action should the Association fail to bring the Property into compliance with any regulations applicable to Private Street Development; (iv) The City shall not be required to provide certain services including, but not limited to: police enforcement of traffic and parking ordinances and preparation of accident reports; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 53 (v) The Association shall provide unrestricted access to emergency vehicles, utility personnel, the U.S Postal Service, and governmental employees, agents or representatives in the performance of their official duties. All required access gates shall be designed and constructed in accordance with the emergency access design standards set forth in the Engineering Standards and shall be equipped with an Opticom gate opening system or with another opening system that is acceptable to the Fire Chief.; and (vi) The dissolution of the Association shall be ineffective without the prior wrjtten consent of the City Council, which consent shall not be withheld by the City if it géteragines that an adequate reserve funds exists, and the streets and alleys are in satisfact determined by the Director of Public Works.
17.20. Incorporated Documents. The following documents are attached hg as if fully set forth herein: 7 Exhibit A — Legal Description of the Property Exhibit B — Law-Based Sections Exhibit C — Construction Related Restrictions Exhibit D — Homeowners’ Association Disclosure Sheet Exhibit E-1 — Duplex Lots Listing Exhibit E-2 — Estate Lots Listing 18.1.
ibit B — Law-Based Sections Exhibit C — Construction Related Restrictions Exhibit D — Homeowners’ Association Disclosure Sheet Exhibit E-1 — Duplex Lots Listing Exhibit E-2 — Estate Lots Listing 18.1.
all possible. Accordingly, each Pa hereafter defined. This A the Association (acting Association.
ended with the prior written approval of the Declarant, e Board), and Owners holding 100% of the votes in the s relating to the rights and/or duties of the Declaration, the Association, or the A@C, under the Restrictions.
laims relating to the acts or omissions of the Declarant, the Association or a Board member or officer of the Association during control and administration of the Association, any claim asserted against the ACC.
3. Claims relating to the design or construction of the Common Area or any Improvements located on the Property.
"Claimant" means any Party having a Claim against any other Party.
"Respondent" means any Party against which a Claim has been asserted by a Claimant.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 54 18.2. Mandatory Procedures. Claimant may not initiate any proceeding before any administrative tribunal seeking redress of resolution of its Claim until Claimant has complied with the procedures of this Article. As provided in Section 18.9 below, a Claim will be resolved by binding arbitration.
18.3. Claim by the Association — Common Areas. In accordance with this Declaration, the Association does not have the power or right to institute, defend, intervene in, settle, or compromise litigation or administrative proceedings: (1) in the name of or on behalf of any Lot Owngr(W gcc one or more); or (ii) pertaining to a Claim, as defined in Section 18.1(a) above, relating
r compromise litigation or administrative proceedings: (1) in the name of or on behalf of any Lot Owngr(W gcc one or more); or (ii) pertaining to a Claim, as defined in Section 18.1(a) above, relating construction of Improvements on a Lot. In the event the Association or a Lot Owner asserts 2 (a) INDEPENDENT REPORT ON THE CONDITION OF T independent third-party report (the "Common Area Report") from a which: (1) identifies the Improvements or Common Areas subject to the physical condition of the Common Areas; (ii) describes any med subject to the Claim. For the purposes of this ec obtained directly by the Association or a LoOys eOt Owner in the Claim. As a precondition to providing the Noticegé the Association or Lot Owner must provide at least ten (10) days priof wit pécti receipt of such notice, to each party’gubj im whiclnotice shall identify the independent third-party engaged to prepare the port, the specific Common Areas to be - Each wh subject to a Claim may attend ON _- OWNER MEETING AND APPROVAL. If the Claim is ke Association must obtain approval from Members holding at least , the relief sought, the anticipated duration of prosecuting the Claim, and the cess; (ii) a copy of the Common Area Report; (iii) a copy of any proposed beget! by the Association to assert or provide assistance with the Claim (the "Engagement Letter"); (iv) a description of the attorney's fees, consultant fees, expert witness fees, and court costs, whether incurred by the Association directly or for which it may be liable if it is not the prevailing party or that the Association will be required, pursuant to the Engagement Letter or otherwise, to pay if the Association elects to not proceed with the Claim; (v) asummary of the steps
the prevailing party or that the Association will be required, pursuant to the Engagement Letter or otherwise, to pay if the Association elects to not proceed with the Claim; (v) asummary of the steps previously taken, and proposed to be taken, to resolve the Claim; (vi) an estimate of the impact on the value of each Lot if the Claim is prosecuted and an estimate of the impact on the value of each Lot after resolution of the Claim; (vii) an estimate of the impact on the marketability of each Lot if the Claim is prosecuted and during prosecution of the Claim, and an estimate of the impact on the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 55 value of each Lot during and after resolution of the Claim; (viii) the manner in which the Association proposes to fund the cost of prosecuting the Claim; and (ix) the impact on the finances of the Association, including the impact on present and projected reserves, in the event the Association is not the prevailing party. The notice required by this paragraph must be prepared and signed by a person other than, and not employed by or otherwise affiliated with, the attorney or law firm that represents or will represent the Association or Lot Owner, as applicable, in the Claim. In the event Members approve providing the Notice described in Section 18.5, or taking any other action to prosecute a Claim, the Members holding a Majority of the votes in the Association, at a special meeting called in accordance with the Bylaws, may elect to discontinugaprosecution or pursuit of the Claim.
18.4. Claim by Owners — Improvements on Lots. Notwithstanding anythi gy herein to the contrary, in the event a warranty is provided to a Lot Owner by Declarant pr®Byi party report (the "Owner Improvement Report") from a
rs — Improvements on Lots. Notwithstanding anythi gy herein to the contrary, in the event a warranty is provided to a Lot Owner by Declarant pr®Byi party report (the "Owner Improvement Report") from a third-party engaged to prepare the O and the date and time the inspectio otify Respondent in writing of the Claim (the "Notice"), stating plainly and ¥encisdly: the Claim, including date, time, location, persons involved, and Basponaenn s role in 2 li) the basis of the Claim (i.e., the provision of the Restrictions or other of tht, Texas PropertyJCode, the time period for negotiation in Section 18.6 below, is equivalent to the sixty (60) da gCtion 27.004 of the Texas Property Code. If a Claim is subject to Chapter 27 of €, the Claimant and Respondent are advised, in addition to compliance with Section 18.6, to comp e terms and provisions of Section 27.004 during such sixty (60) day period. Section 18.6 does not modify or extend the time period set forth in Section 27.004 of the Texas Property Code.
Failure to comply with the time periods or actions specified in Section 27.004 could affect a Claim if the Claim is subject to Chapter 27 of the Texas Property Code. The one hundred and twenty (120) day period for mediation set forth in Section 18.7 below, is intended to provide the Claimant and Respondent with sufficient time to resolve the Claim in the event resolution is not accomplished during negotiation. If the Claim is not resolved during negotiation, mediation pursuant to Section 18.7 is required without regard to the monetary amount of the Claim.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 56 If the Claimant is the Association, the Notice will also include: (a) a true and correct copy of the
unt of the Claim.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 56 If the Claimant is the Association, the Notice will also include: (a) a true and correct copy of the Common Area Report; (b) a copy of the Engagement Letter; (c) copies of all reports, studies, analyses, and recommendations obtained by the Association related to the Common Area which forms the basis of the Claim; (d) a true and correct copy of the special meeting notice provided to Members in accordance with Section 18.3(b) above; and (e) reasonable and credible evidence confirming that Members holding sixtyseven percent (67%) of the votes in the Association approved providing the Notice. If the Claimant is not the Association and pertains to the Common Areas, the Notice will also include a true and correct copy of the Common Area Report. If the Claimant is not the Association and pertains to Improvements on a Lot, the Notice will also include a true and correct copy of the Owner Improvement Report.
18.6. Negotiation. The Claimant and Respondent will make every reasonable é person to resolve the Claim by good faith negotiation. Within sixty (60) days after Responde apt of the Notice, Respondent and Claimant will meet at a mutually acceptable place and _jarfft that is subject to the Claim for the purposes of inspecting the Prop corrective action, Claimant will provide Respondent and Respondent's r access to the Property to take and complete corrective action.
mutually agreeable time, Respondent and Respondent's representatives > 18.7. Mediation. If the Parties negotiate, but do not p within one-hundred twenty (120) days from the date of ee ot 0) ough negotiation period as may be agreed upon by the Parties), Claimant will have thirty (
iation. If the Parties negotiate, but do not p within one-hundred twenty (120) days from the date of ee ot 0) ough negotiation period as may be agreed upon by the Parties), Claimant will have thirty ( to mediation under the auspices of a mediation centg ich the parties mutually mediator and must have : ant. If Claimant does not submit the Claim to mediation within the 30-day fer § d submit the Claim to mediation in 18.8. Termination of Mediatid do Pot settle the Claim within thirty (30) days s #ble by the mediator, the mediator will issue a notice of termination of the mediatjg Sedings sating that the Parties are at an impasse and the date that mediation was terminatio wt may file suit or initiate arbitration proceedings on the Claim, as appropriate and pe eedings (e.g., a plea in abatement or motion to stay further \to compel arbitration of any Claim not referred to arbitration as dayce-With the AAA's "Construction Industry Dispute Resolution Procedures" and, if they apply to the disagreement, the rules contained in the Supplementary Procedures for ConsumerRelated Disputes. If such Rules have changed or been renamed by the time a disagreement arises, then the successor rules will apply. Also, despite the choice of rules governing the arbitration of any Claim, if the AAA has, by the time of Claim, identified different rules that would specifically apply to the Claim, then those rules will apply instead of the rules identified above. In the event of any inconsistency between any such applicable rules and this Section 18.9, this Section 18.9 will control. Judgment upon the award rendered by the arbitrator shall be binding and not subject to appeal except as provided in Section 18.9(d) but may be reduced to judgment or enforced in any
18.9 will control. Judgment upon the award rendered by the arbitrator shall be binding and not subject to appeal except as provided in Section 18.9(d) but may be reduced to judgment or enforced in any court having jurisdiction. Notwithstanding any provision to the contrary or any applicable rules for DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 57 arbitration, any arbitration with respect to Claims arising hereunder shall be conducted by a panel of three (3) arbitrators, to be chosen as follows: (i) One arbitrator shall be selected by Respondent, in its sole and absolute discretion; (11) One arbitrator shall be selected by Claimant, in its sole and absolute discretion; and (iii) | One arbitrator shall be selected by mutual agreement of the arbit selected by Respondent and the Claimant, in their sole and absohs (b) EXCEPTIONS TO ARBITRATION: PRESERVATION OF REMEDIES. No pro isi exercise of any rights under, this Section 18.9 will limit the right of Claimang Claimant and the Respondent will have the right during any Claim, to g ancillary or preliminary remedies, judicial or otherwise, for preserving, or protecting upon any property, real or personal, th without limitation, rights and remedies relating to: (i) exercising self off rights); or (41) obtaining provisions or ancillary remedies such as ty attachment, garnishment, or the appointment of a receiver fropa during, or after the pendency of any arbitration. The instity judicial relief or pursuit of provisional or ny remedi¢ isc rion before, e of an action for not constitute a waiver of the right of any inapplicable the compulsory arbitration pro (c) STATUTE OF LIMITATIONS.
shall apply to any arbitration procee at 1s based in whole, or in part, on (1) factual findings that have no
of the right of any inapplicable the compulsory arbitration pro (c) STATUTE OF LIMITATIONS.
shall apply to any arbitration procee at 1s based in whole, or in part, on (1) factual findings that have no dence, as those terms are defined in Texas law; (ii) conclusions of d or of federal or state law; or (iv) a cause of action or remedy not der existing state or federal law. In no event may an arbitrator award To the maximum extent practicable, an arbitration proceeding > concluded within one hundred and eigity (180) days dings filing of the Claim take such other actions as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Texas Rules of Civil Procedure and Applicable Law.
Each party agrees to keep all Claims and arbitration proceedings strictly confidential, except for disclosures of information required in the ordinary course of business of the parties or by Applicable Law or regulation. In no event shall any party discuss with the news media or grant any interviews with the news media regarding a Claim or issue any press release regarding any Claim without the written consent of the other parties to the Claim.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 58 18.10. Allocation of Costs. Notwithstanding any provision in this Declaration to the contrary, each Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, Mediation, and Arbitration sections above, including its attorney's fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator and arbitrator.
18.11. General Provisions. A release or discharge of Respondent from liability to Claimant on
Respondent and Claimant will equally divide all expenses and fees charged by the mediator and arbitrator.
18.11. General Provisions. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant's Claim.
18.12. Period of Limitation.
have discovered evidence of the Claim; (ii) for Claims other tha: or defective design, four (4) years and one (1) day from the reasonably should have discovered evidence of the Claim; or (ii) statute of limitations under Texas law. In no event shall this Sectitg extend any period of limitations under Texas law.
oe onet or a a eovines accofi reserve fund.
ed-eiid funded from its inception as an arbitration and litigation DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 59 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed on the day and year written below.
DECLARANT BR637, LLC, a Texas limited liability company, Daniel J. Walsh (/ Its: Vice President ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority, on tlfis te 4 af * é , 20 Me appeared Daniel J. Walsh, Vice President of BR637, LL inpited liabNj on behalf of said entity, known to me to be the person whose name isfub§ egorhg instrument and acknowledged to me that he executed the same for the purpos€ aD 3 SE e capacity therein stated.
NANCY K WUSSOW Notary ID #125290880 My Commission Expires May 6, 2025 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS PAGE 60 EXHIBIT A -- LEGAL DESCRIPTION OF THE PROPERTY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-1 LEGAL DESCRIPTION 29.746 ACRES (PHASE 1)
NGTON PARKS PAGE 60 EXHIBIT A -- LEGAL DESCRIPTION OF THE PROPERTY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-1 LEGAL DESCRIPTION 29.746 ACRES (PHASE 1) BEING a tract of land located in the JW. COX SURVEY, ABSTRACT NO. 160 and the H.R. PENNELL SURVEY, ABSTRACT NO. 723, Collin County, Texas, and being part of that tract of land conveyed in Deed to BR637, LLC, according to the document of record filed in Document Number 20200601000801130, Official Public Records, Collin County, Texas, and being part of that tract of land conveyed in Deed to Frisco Independent School District (Frisco ISD), according to the docyment of record filed in Document Number 20200601000805420, Official Public Records, Collin County, , and being more particularly described as follows: COMMENCING at a 1/2” iron rod with a yellow cap stamped “ROOME” found in thgaw line of Coit Road, a variable width right-of-way, for the common southeast corner of'saj and the northeast corner of that tract of land conveyed in Deed to nes Indepé Goprsg00 S according to the document of record filed in Document Number 206 c Records, Collin County, Texas; THENCE N 00°31'02" W, with the common east line of said Frisco actNg ac West right-of-way line of said Coit Road, a distance of 628.28 feet to a 1/2” iron rod s¢ g SBEGINNING of the tract of land described herein; THENCE Leaving said common line, over and agfos}Said’ FN aet, ay said BR637, LLC tract, the following courses and distances: N 45° 31' 02" W, a distance of 56.
S 89° 28' 58" W, a distance of 160.90 od set at the beginning of a curve to the right having a central angle of 06° 48 918.50 feet and a chord bearing and distance fancg of 239.91 feet to a 1/2” iron rod set at the beginning of
of 160.90 od set at the beginning of a curve to the right having a central angle of 06° 48 918.50 feet and a chord bearing and distance fancg of 239.91 feet to a 1/2” iron rod set at the beginning of nia al gngle of 06° 48' 36", a radius of 1,525.00 feet and a chord 06' 44" WA181.15 feet; N 37° 54' 01" E, a distance of 14.31 feet to a 1/2” iron rod set; N 06° 25' 28" W, a distance of 540.15 feet to a 1/2” iron rod set at the beginning of a curve to the left having a central angle of 10° 37' 45", a radius of 270.00 feet and a chord bearing and distance of N 11° 44' 20" W, 50.02 feet; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-2 With said curve to the left, an arc distance of 50.09 feet to a 1/2” iron rod set at the beginning of a reverse curve to the right having a central angle of 23° 26' 54", a radius of 380.00 feet and a chord bearing and distance of N 05° 19' 45" W, 154.43 feet; With said curve to the night, an are distance of 155.52 feet to a 1/2” iron rod set at the beginning of a reverse curve to the left having a central angle of 06° 54' 44", a radius of 320.00 feet and a chord bearing and distance of N 02° 56' 20" E, 38.58 feet; With said curve to the left, and arc distance of 38.60 feet to a 1/2” iron rod set; N 00° 31' 02" W, a distance of 116.09 feet to a 1/2” iron rod set; N 45° 31' 02" W, a distance of 14.14 feet to a 1/2” iron rod set; N 00° 31' 02" W, a distance of 60.00 feet to a 1/2” iron rod se N 89° 28' 58" E, a distance of 32.00 feet to a 1/2” iron rod set; N 00° 31' 02" W, a distance of 63.61 feet to a 1/2” iron rod e€cording to the document of record filed in Public Records, Collin a Texas, fron, S 89° 28' 58" W, a distance of 160.00 feet to a 1/2” iron rod set at the beginning of a curve to the
a 1/2” iron rod e€cording to the document of record filed in Public Records, Collin a Texas, fron, S 89° 28' 58" W, a distance of 160.00 feet to a 1/2” iron rod set at the beginning of a curve to the right having a central angle of 12° 27' 53", a radius of 350.00 feet and a chord bearing and distance of N 84° 17' 05" W, 75.99 feet; With said curve to the right, an arc distance of 76.14 feet to a 1/2” iron rod set at the beginning of a reverse curve to the left having a central angle of 12° 28' 52", a radius of 350.00 feet and a chord bearing and distance of N 84° 17' 34" W, 76.09 feet; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-3 With said curve to the right, an arc distance of 76.24 feet to a 1/2” iron rod set; S 89° 28' 58" W, a distance of 512.81 feet to a 1/2” iron rod set; S 44° 28' 58" W, a distance of 14.14 feet to a 1/2” iron rod set; S 00° 31' 02" E, a distance of 116.09 feet to a 1/2” iron rod set at the beginning of a curve to the right having a central angle of 06° 54’ 44", a radius of 380.00 feet and a chord bearigg and distance of S 02° 56' 20" W, 45.81 feet; bearing and distance of S 05° 19' 45" E, 130.05 feet; With said curve to the left, an arc distance of 130.96 feet to a a reverse curve to the right having a central angle of 10° 36' 55", a bearing and distance of S 11° 44' 20" E, 61.13 feet; With said curve to the right, an are distance of 61.22 feet tg eeenttal angle of 06° 48' 36", a radius of 1,958.50 feet and a chord "44" E, 232.64 feet; N 05° 15' 37" E, a distance of 99.34 feet to a 1/2” iron rod set in the common east line of said BR637, LLC tract and the west right-of-way line of the above mentioned Coit Road;
"44" E, 232.64 feet; N 05° 15' 37" E, a distance of 99.34 feet to a 1/2” iron rod set in the common east line of said BR637, LLC tract and the west right-of-way line of the above mentioned Coit Road; THENCE S 00° 31' 02" E, with said common line, a distance of 336.70 feet to the POINT OF BEGINNING, and containing 29.746 acres of land, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-4 LEGAL DESCRIPTION 17.581 ACRES (PHASE 2) BEING a tract of land located in the JW. COX SURVEY, ABSTRACT NO. 160, Collin County, Texas, and being part of that tract of land conveyed in Deed to BR637, LLC, according to the document of record filed in Document Number 20200601000801130, Official Public Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a 1/2” iron rod with a yellow cap stamped “ROOME” found in the g line of Coit Road, a variable width right-of-way, for the common southeast corner of thg conveyed in Deed to Frisco Independent School District (Frisco ISD), according to the docu filed in Document Number 20200601000805420, Official Public Records, Collin Coupey ig Sb Ol wey according to the document of record filed in Document Number 2016Q@Z06000$554 Records, Collin County, Texas; THENCE N 00°31'02" W, with the west right-of-way line of said Coit Rodw a 1/2” iron rod set for the POINT OF BEGINNING of the tract of laperttes THENCE Leaving the west right-of-way line of said the following courses and distances: eeenttal angle of 06° 48' 36", a radius of 1,585.00 feet and a chord "44" W, 188.28 feet; N 50° 44' 57" W, a distance of 14.31 feet to a 1/2” iron rod set from which a 1/2" iron rod found for an exterior ell comer of the above mentioned Frisco ISD (Document Number
hord "44" W, 188.28 feet; N 50° 44' 57" W, a distance of 14.31 feet to a 1/2” iron rod set from which a 1/2" iron rod found for an exterior ell comer of the above mentioned Frisco ISD (Document Number 20200601000805420), bears S 73° 44' 08" W, 598.96 feet; N 06° 25' 28" W, a distance of 540.15 feet to a 1/2” iron rod set at the beginning of a curve to the left having a central angle of 10° 37' 19", a radius of 330.43 feet and a chord bearing and distance of N 11° 44' 32" W, 61.17 feet; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-5 With said curve to the left, an arc distance of 61.26 feet to a 1/2” iron rod set at the beginning of a reverse curve to the right having a central angle of 23° 26' 29", a radius of 320.00 feet and a chord bearing and distance of N 05° 19' 33" W, 130.01 feet; With said curve to the night, an arc distance of 130.92 feet to a 1/2” iron rod set at the beginning of a reverse curve to the left having a central angle of 06° 54' 44", a radius of 380.00 feet and a chord bearing and distance of N 02° 56' 20" E, 45.81 feet; With said curve to the left, an arc distance of 45.84 feet to a 1/2” iron rod set; N 00° 31' 02" W, a distance of 116.09 feet to a 1/2” iron rod set; N 44° 28' 58" E, a distance of 14.14 feet to a 1/2” iron rod set; et ; N 89° 28' 58" E, a distance of 512.81 feet to a 1/2” iron rod s right having a central angle of 12° 28'52", a radius of 350.00 feet an¥ of S 84° 17' 34" E, 76.09 feet; THENCE S 00° 31' 02" E, wit BEGINNING, and containing 17.
line, a distance of 635.30 feet to the POINT OF f, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-6 LEGAL DESCRIPTION 24.608 ACRES (PHASE 3)
.
line, a distance of 635.30 feet to the POINT OF f, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-6 LEGAL DESCRIPTION 24.608 ACRES (PHASE 3) BEING a tract of land in the J.W. COX SURVEY, ABSTRACT NO. 160 and the H.R. PENNEL SURVEY, ABSTRACT NO. 723, City of Frisco, Collin County, Texas, and being part of the remainder of that tract of land conveyed in Deed to BR637, LLC, according to the document of record filed in Document Number 20200601000801 130, Official Public Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a 1/2” iron rod found in the south line of that tract of land conveyed i to Richwoods West Land, LP, according to the document of record filed in Docu 20200601000801190, Official Public Records, Collin County, Texas, for the most easteghy Document Number 20210204000244990, Official Public Record, Collin On. l THENCE N 89° 10’ 02” E, with the south line of said Tract 1, a distancé’o found at the beginning of a curve to the right having a central angle of 10° adi 114.98 feet and a chord bearing and distance of S 85° 26’ 20” E, 172.02 feet; THENCE Continuing with said south line and with saigscurve tq to a 1/2” iron rod set; THENCE Leaving said south line, over and acg distances: 74° 38' 11" E, 172.11 feet; With said curve to the righ a reverse curve to the left N 89° 29' 00" E, a distance of 9.00 feet to a 1/2” iron rod set; S 00° 31' 02" E, a distance of 63.61 feet to a 1/2” iron rod set; S 89° 28' 58" W, a distance of 32.00 feet to a 1/2” iron rod set; S 00° 31' 02" E, a distance of 60.00 feet to a 1/2” iron rod set; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-7
nce of 32.00 feet to a 1/2” iron rod set; S 00° 31' 02" E, a distance of 60.00 feet to a 1/2” iron rod set; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-7 S 45° 31' 02" E, a distance of 14.14 feet to a 1/2” iron rod set; S 00° 31' 02" E, a distance of 5.00 feet to a 1/2” iron rod set for corner from which a 1/2” iron rod with yellow cap stamped “ROOME” found in the west line of Coit Road, a variable width right-ofway, for the common southeast corner of that tract of land conveyed in Deed to Frisco Independent School District, according to the document of record filed in Document Number 20200601000805420, Official Public Records, Collin County, Texas and the northeast corner of that tract of land conveyed in Deed to Frisco Independent School District, &ccOuding to the document of record filed in Document Number 20160706000855890, Official ® Collin County, Texas, bears S 30° 09’ 09” E, 1,888.86 feet; S 89° 28' 58" W, a distance of 22.97 feet to a 1/2” iron rod set; S 81° 50' 43" W, a distance of 151.29 feet to a 1/2” iron rod > S 76° 18' 13" W, a distance of 309.39 feet to a 1/2” iron rod set; S 67° 50' 51" W, a distance of 375.08 feet to a 1/2” iron rog N 89° 28' 58" E, a distance of 170.00 feet to a 1/2” iron rod set; S 00° 31' 02" E, a distance of 6.73 feet to a 1/2” iron rod set; N 89° 28' 58" E, a distance of 110.00 feet to a 1/2” iron rod set N 00° 31' 02" W, a distance of 611.09 feet to a 1/2” iron rod set; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-8 N 09° 57' 19" E, a distance of 60.00 feet to the POINT OF BEGINNING, and containing 24.608 acres of land, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-9
" E, a distance of 60.00 feet to the POINT OF BEGINNING, and containing 24.608 acres of land, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-9 LEGAL DESCRIPTION 27.011 ACRES (PHASE 4) BEING a tract of land in the JW. COX SURVEY, ABSTRACT NO. 160, City of Frisco, Collin County, Texas, and being part of the remainder of that tract of land conveyed in Deed to BR637, LLC, according to the document of record filed in Document Number 20200601000801130, Official Public Records, Collin County, Texas, and being part of that tract of land conveyed in Deed to Frisco Independent School District (Frisco ISD), according to the document of record filed in Document Number 20200901000805420, Official Public Records, Collin County, Texas, and being more particularly described as¢ : COMMENCING at a 1/2” iron rod found for a common interior ell corner of said BR637, BS the northwest corner of said Frisco ISD tract; THENCE N 89° 04’ 36” E, with the common south line of said BR637, said Frisco ISD tract, a distance of 381.75 feet to a 1/2” iron rod set fo the tract of land described herein; THENCE N 00° 55' 24" W, leaving said common line, over and acrose*sa of 512.04 feet to a 1/2” iron rod set; of that tract of land conveyed in Deed to BR La@ J dinSsto the-focument of record filed in Document Number 20210204000244990, Offfcia Sollin County, Texas; THENCE N 00° 55' 24" W, with the east 1/2” iron rod set; N 76° 18' 13" E, a distance of 309.39 feet to a 1/2” iron rod set; N 81° 50' 43" E, a distance of 151.29 feet to a 1/2” iron rod set; N 89° 28' 58" E, a distance of 22.97 feet to a 1/2” iron rod set; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-10
e of 151.29 feet to a 1/2” iron rod set; N 89° 28' 58" E, a distance of 22.97 feet to a 1/2” iron rod set; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-10 S 00° 31' 02" E, a distance of 111.09 feet to a 1/2” iron rod set at the beginning of a curve to the right having a central angle of 06° 54' 48", a radius of 320.00 feet and a chord bearing and distance of S 02° 56' 23" W, 38.59 feet; With said curve to the right, an arc distance of 38.61 feet to a 1/2” iron rod set at the beginning of a reverse curve to the left having a central angle of 23° 26' 50", a radius of 380.00 feet and a chord bearing and distance of S 05° 19' 47" E, 154.43 feet; With said curve to the left, an arc distance of 155.51 feet to a 1/2” iron rod set a a reverse curve to the right having a central angle of 10° 37' 45", a radius of 270.00N%g d a chord bearing and distance of S 11° 44' 20" E, 50.02 feet; With said curve to the right, an arc distance of 50.09 feet to a 1/2” iron rod S 06° 25' 28" E, a distance of 540.15 feet to a 1/2” iron rod se S 37° 54' 01" W, a distance of 14.31 feet to a 1/2” iron rod set; Ct nd a chord bearing with yellow cap stamped fv akjable thet ch¥of-way, for the common and distance of S 72° 44' 55" W, 459.77 feet, f curve to the left having a central angle of 18° & 0", arafl ’ i 4 C 3 land conveyed in Deed to Frisco document of record filed in Docu Collin County, Texas, bears S 52° THENCE § 89° 04' 36" W, continuing with said common line, a distance of 286.08 feet to the POINT OF BEGINNING, and containing 27.011 acres of land, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-11 LEGAL DESCRIPTION 4,370 ACRES (PHASE 5)
T OF BEGINNING, and containing 27.011 acres of land, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-11 LEGAL DESCRIPTION 4,370 ACRES (PHASE 5) BEING a tract of land in the JW. COX SURVEY, ABSTRACT NO. 160, and the H.R. PENNELL SURVEY, ABSTRACT NO. 723, Collin County, Texas, and being part of the remainder of that tract of land conveyed in Deed to BR637, LLC, according to the document of record filed in Document Number 20200601000801130, Official Public Records, Collin County, Texas; COMMENCING at a 1/2” iron rod found in the south line of that tract of land conveyed gh D&gd as Tract | to Richwoods West Land, LP, according to the document of record filed in Do ' 20200601000801190, Official Public Records, Collin County, Texas, for the common north he said BR637, LLC tract, and the most easterly northeast corner of that tract of land convg Public Resort, Collin County, Texas; C THENCE S 00° 31’ 02” E, with the common west line of said BR637, BR Land, LLC tract, a distance of 1.97 feet to a 1/2" iron rod set for the P’ tract of land described herein; THENCE Leaving said common line, over and we BR6 LC tr e feflowing courses and distances: N 89° 10' 02" E, a distance of 119.93 fea g eginning of a curve to the feet and a chord bearing and distance of S 85° 26' 20" E, 171.65 feet; difig to the document of record filed in Document Number ublic Records, Collin County, Texas and the northeast corner of S 89° 28' 58" W, a distance of 170.00 feet to a 1/2" iron rod set in the above mentioned common line; THENCE N 00° 31' 02" W, with the common line, a distance of 677.90 feet to the POINT OF BEGINNING, and containing 4.370 acres of land, more or less.
2" iron rod set in the above mentioned common line; THENCE N 00° 31' 02" W, with the common line, a distance of 677.90 feet to the POINT OF BEGINNING, and containing 4.370 acres of land, more or less.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-A — PAGE-12 EXHIBIT B LAW-BASED SECTIONS L-B.1 POLITICAL SIGNS. Political signs may be erected upon a Lot by the Owner of the Lot advocating the election of one (1) or more political candidates or the sponsorship of a political party, issue, or proposal provided that such signs shall not exceed four (4) square feet, shall be erectgt\no more than ninety (90) days in advance of the election to which they pertain, and are removed within the election. Declarant or the Association shall have the right to remove any sign that does affix to the entry of the Owner's Residence one or more religious items by the Owner's or Resident's sincere religious belief. This policy out with respect to the display or affixing of certain religious items on the ent with each other, the total size of the display, 25 square inches).
members of the Association; 8 w2 violation of any applicable building line, rightof-way, setback, or casey i ed to a traffic control device, street lamp, fire hydrant, or utility sign : oN eligious item may be displayed or affixed in any Alteration not the entry door or door frame that is not otherwise averning Documents.
ligious displays must be located within 5' of the dwelling's frontmost building .€., Within 5' of the front facade of the dwelling.)
Jlays may not be located within building setbacks.
6 portion of the display may extend above the lowest point of the dwelling's front roof line.
(iv) — All displays must be kept in good repair.
ling.)
Jlays may not be located within building setbacks.
6 portion of the display may extend above the lowest point of the dwelling's front roof line.
(iv) — All displays must be kept in good repair.
(v) Displays may not exceed 5" in height x 3' in width x 3' in depth.
(vi) The number of displays is limited to three (3).
(vii) | These display parameters shall not apply to seasonal religious holiday decorations.
(viii) All religious item displays other than seasonal religious displays must receive prior approval from the ACC prior to installation, except for displays on any exterior door or door frame of the home that are 25 square inches or smaller. For example, and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-B — PAGE-1 without limitation, no prior permission is required from the ACC to place a cross, mezuzah, or other similar religious symbol smaller than 25 square inches on the dwelling's front door or door frame.
(d) Removal. The Association may remove any item which is in violation of the terms and conditions of this section.
(e) Covenants in Conflict with Statutes. To the extent that any provision of the Res ictions restrict system on a residential Lot. The policy is adopted in lieu of any expres rainwater harvesting systems, or any provision regulation such matters Whig set forth in the Restrictions.
restriction in the Declarations which prohibits the installation of rain ~ els orfa fa is not responsible for (a) errors in or o approval; (b) supervising installation g Harvesting System, i accurate depiction ("Rei submitted by g of submissig (30) days of approval; and (iii) be diligently prosecuted to completion. IF the Owner fails to cause the Rain System Application to be installed in accordance with the approved Rain System
f submissig (30) days of approval; and (iii) be diligently prosecuted to completion. IF the Owner fails to cause the Rain System Application to be installed in accordance with the approved Rain System Application, the ACC may require the Owner to: (i) modify the Rain System Application to accurately reflect the Rain System Device installed on the Lot; or (11) remove the Rain System Device and reinstall the device in accordance with the approved Rain System Application.
Failure to install a rain System Device in accordance with the approved Rain System Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEXINGTON PARKS EXHIBIT-B — PAGE-2