2020 - 7292 03/10/2020 2:25PM Page 1 of 14 Midland County Clerk Un MENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS FOR MidVILION PARK ADDITION, SECTION 8, AN ADDITIONAnd County Clerk Unofficial Copy MIDLAND COUNTY, TEXAS, ACCORDING TO THE CITY OF MIDLAND, MAP OR PLAT THEREOF, RECORDED IN CABINET J, PAGE 177 OF THE PLAT RECORDS OF MIDLAND COUNTY, TEXAS.
PREAMBLE In order to conform to the subdivision plat, the Developers of the above-referred property hereby file and declare these First Amended and Restated Declaration of Restrictive Covenants for Pavilion Park Addition, Section 8, an addition to the Declaration").
Midland County Clerk Unofficial CopyCity of Midland, Midland County, Texas ("Restated 1.2 1.3 1.4 Article I Definitions Approved shall mean and refer to favorable action taken appointed representatives.
County Clerk Unofficial Copy the Association or its duly Association shall mean and refer to the MIDLAND PAVILION PARK HOMEOWNERS ASSOCIATION, INC., an incorporated entity, together with its duly elected and appointed officers and representatives, the members of which shall be all of the Residential Lot Owners, the principal purpose of which is to maintain and provide common community facilities and services respecting Common Areas and easements thereon for the common use and enjoyment of all Residential Lot Owners and residents within the Subdivision.
Each Residential Lot Owner, his successors and assigns, shall be a Member of the Association.
Common Area shall mean and any present or future necessary to the Sater to those areas of land so designated and embraced by benefit of the Reddential Lot Owner and their guests. Common Areas shall arial Copy Subdivision which are reserved for specific functions
the Sater to those areas of land so designated and embraced by benefit of the Reddential Lot Owner and their guests. Common Areas shall arial Copy Subdivision which are reserved for specific functions Mision including areas for common use, enjoyment and landscaped me and/or assigns.
areas licensed from the City of Midland, utility and die Midland Cooper shall mean and refer to Petree-Isbell, Inc., together with Tude easements.
successors 2020 - 7292 03/10/2020 2:25PM Page 2 of 14 1.5 Lot shall mean and Unofficial Copy to any numbered tract or parcel of land, embraced by the or future Platthis Subdivision upon which approved residential building official Copy VARC Any appurtenances may be built. The term Lot shall not include those parcels or designated Midland Coursidential Lot Owner who owns two (2) Lots with one (1) 1 1.6 1.7 1.8 1.9 considered the owner of one (1) Lot for purposes of membershi assessments.
Member shall mean and refer to each and every Residen and of land e thereon shall be Association and for Lot Owner in the Subdivision.
Owner or Owners when used herein shall mean and refer to the record owner(s), whether one or more persons or entities, of the fee simple title to any Lot, but shall not mean or refer to a mortgagee, unless or until such mortgagee has concluded proceedings to foreclose or any other lawful proceeding in lieu of foreclosure, or to any licensed builder unless he owns an occupied residence on a Lot.
Plat shall mean and refer to any recorded plat or replat of the subdivision embraced by this Declaration as filed in the Plat Records of Midland County, Texas.
Residential Lot Owner
esidence on a Lot.
Plat shall mean and refer to any recorded plat or replat of the subdivision embraced by this Declaration as filed in the Plat Records of Midland County, Texas.
Residential Lot Owner within the persons, firms or contraty and refer to the record owner, whether one or more on, but shall not mean or refer to a mortgagee unless and y including the Developer, of the fee simple title to any of Midland County 1.11 in lieu or to any licensed builder unless he owns an occupied reduce on a Lot.
Single Family shall mean a group of persons related by number of unrelated roommates not exceeding the number County option, or marriage or a Subdivision shall mean and refer to Pavilion Pid00 rooms in a residence.
Addition, Section 8 as Platted and described above and any additional platted tract adjacent to Pavilion Park Addition, Section 8 incorporated hereunder pursuant to Section 5.1 of this Restated Declaration.
Copy 21 ARTICLE 2 Permitted and Prohibited Uses 2.1 Single Family Residences. No 2.2 Single-Family residential.
Family dwcial Copyroperty Building Family or Lot shall be used for any purpose other than building shall be erected on any residential Lot except one o Family dwell and outbuildings incidental to and used in connection with the oicial Copy Midland County Cleveling. An “outbuilding" shall be defined to include a garager Copy Midland County Hop and other buildings necessary for the convenience and pleasure of the occupants a game room, shall be of a design 2020 - 7292 03/10/2020 2:25PM Page 3 of 14 2.3 Midland 2.5 aesthetically compatible with not include metal or
estrictions\First Amended & Restated Restrictive Covenants Sec 8 REDLINE.docx Page 2 of 13 2020 - 7292 03/10/2020 2:25PM Page 3 of 14 2.3 Midland 2.5 aesthetically compatible with not include metal or the residence erected on the Lot. Outbuildings shall fficial buildings.
Subdivisiour Co Minimum and 5 Coufity Unofficial Copy for Residences. The improvements located on the Lots of Single-Family dwelling Lots in contain residences of not less than one thousand eight hundrade (800) square Mivable floor space. The Lots in Blocks 6, 7, 8, 9, 10, 11 12 shall contain esidences of not less than two thousand (2,000) square feet.
Non-Permanent Structures. No trailer, trailer-house or and County ile home shall be placed on any Lot for residential purposes nor shall any existing house or dwelling structure be moved on to any Lot for Residential purposes. This paragraph shall not be deemed to prevent the use of mobile or modular offices as temporary sales or builder's field office. Such office shall not remain on a Lot in excess of twenty-four (24) months. Extensions for such office may be granted in writing by Developer and granting such extension is at the discretion of Developer.
Construction Requirements. Once the construction of any residence has begun, work thereon must be pursued diligently and must be completed within a reasonable time. No building shall be occupied for residential purposes during construction. Further, no garage, shed, tent, trailer, basement or sorary building shall be used for permanent or temporary residential purposes; construed to prevent the use of a temporary construction shed during the period of actr provided, however, that this paragraph shall not be deemed or construction of future De
ry residential purposes; construed to prevent the use of a temporary construction shed during the period of actr provided, however, that this paragraph shall not be deemed or construction of future De e on a Lot, or the use of adequate sanitary toilet facilities official Copy shall be on a ch of sidewalk with a minimum width of sixty inches (60") must residence free frontages of the Lot in accordance with city specificatiounty Midland County 2.7 2.8 2.9 2.10 Roof Requirements. No graveled or corrugated metal Lots described here in. If composition roofs are to Reb Ass along the Ashall be constructed on the on any residences on a Lot, they shall be of 240# Three Dimensional High Desinition Laminate Asphalt, 30 year or better shingle material. No shingles on a roof may be blue, red, white, or green in color.
Garages. Garages, which shall be only for the use of the occupants of the resident to which they are appurtenant, may be attached or detached from the residence. A minimum of a two-car garage shall be provided at each residence and all garage openings must face the side yard or rear of the lot with no overhead doors facing the street serving the front of the premises except in Blocks 1, 2, 3, 4 and 5 which may have front entry garages. Entrances to all front entry garages shall be not less than twenty feet (20') from the front Lot line.
Refuse Requirements.
rules and regulations Yards. No ceptacles shall be in complete conformity with sanitar remain on any or hereafter promulgated by the City of Midland.
I of a Lot, placed buffered to remain thereon.
Midland County or other unsightly growths shall be permitted to and no refuse pile or unsightly objects shall be levations. No substantial changes in the elevation of land of a Lot.
County Clerk Unofficial Copy to be
r other unsightly growths shall be permitted to and no refuse pile or unsightly objects shall be levations. No substantial changes in the elevation of land of a Lot.
County Clerk Unofficial Copy to be Midland made on the premises 2020 - 7292 03/10/2020 2:25PM Page 4 of 14 2.11 Parking on Streets. Vehicleshall not be parked in the street overnight except for temporary overnight requires an ove hardship exists and then, for not more than 5 consecutive nights. Temporary.
ight nurse or medical care-giver. Streets shall not be used by Resival Copy be granted by the Board in the event a Residential Lot Ow time, erk Lot Owner of other parties for parking vehicles in excess of one (1) ton in weight at any than moving vans and home repair/construction vehicles on onformance with City of Midland requirements, no vehicles curbs of the street or in yards at any time.
Midland County 2.
2.12 2.13 2.14 2.15 Short-term basis.
Vehicle Storage. No boat, recreational vehicle, trail and Courbe parked over the inoperative motor vehicle may be kept or stored on any street in the Subdivision upon any Lot, except within a garage or behind decorative screening fences (which fences shall not exceed a maximum height of eight feet (8')) whereby the boat, recreation vehicle, trailer or inoperative vehicle is visibly screened from all street views. All such garages or decorative screening fences shall be of designs aesthetically compatible with that of the residence located on the Lot.
Exterior Construction. At least ninety percent (90%) of the exterior wall surface of each
e screening fences shall be of designs aesthetically compatible with that of the residence located on the Lot.
Exterior Construction. At least ninety percent (90%) of the exterior wall surface of each residence located on a Lot (excluding doors, windows, and exterior glass) shall be of brick, rock, stone, brick veneer, rock veneer or stone veneer.
Clotheslines. Clotheslines street serving a Lot.
ng yards shall be so located as not to be visible from the Street Frontage official Copev curve.
dwellings shall face the street on which the other Lots in block from Dwellings located on Lots within the curved portion of a cul-de-sac fotticial Copy advertising the particular premises for sale or for rent unty Clerk unofficial Midland County 2.17 2.18 Signs. No signs or other forms of advertisement shall be I subject hereto except one (1) small sign, not exceeding Risenty front upon any of the Lots (5) square feet in area, (1) sign used by a builder to advertise the property during the construction and sales period, said size not to exceed sixteen (16) square feet, and from time to time a political campaign sign, not exceeding two (2) square feet in area. Neighborhood or project identification signs are permissible as well as Midland Independent School District (and similar private educational institutions) student activity letter signs.
Antenna. No radio or television antenna with more than eight (8) square feet of grid area or which attains a height in excess above the highest point of the roof shall be permitted.
All such installations are limited to roof and back yard. Front yard installations are strictly prohibited.
Child-care. No in-home the children are the for.
ial Copy care with more than five (5) children is permissible unless car
mited to roof and back yard. Front yard installations are strictly prohibited.
Child-care. No in-home the children are the for.
ial Copy care with more than five (5) children is permissible unless car 2.19 Fencestark Unoffic ten of the occupants of the property where they are being fences shall be permitted within the front setback area. Fences work Unofficial Copy (8') in height and shall be uniform in nature. All fencing not exceed which a residence fronts shall be of the same material as the intch faces the street Midland County fences shall be permitted in areas visible from the streets.
Idence. No chain link wing the Subdivision. Each Midlanth 2020 - 7292 03/10/2020 2:25PM Page 5 of 14 2.20 Residential Lot Owners shall damages within a fences on each Lot in good condition and repair all months reasona of time.
Landscaping.
Unofficial Copy scaping within the front setback area shall be in place within completion of the first structure on a Lot. The be maintain a sightly and well-kept manner consistent with a designed underground irrigation system.
Midland Countborhood. Unless the front setback area is xeriscaped, it shall be į industrial, commercial or recreational vehicles or and County 2.21 2.22 2.23 2.24 2.25 Motor Homes, RV's and other Equipment. No.
residential homes, buses, mobile homes, haters greater than six feet tall shall be permanently stored within the Subdivision. This provision will not prevent a resident from temporarily storing a motorhome or camping trailer, that is permanently stored elsewhere, for a period of no more than five days, for trip preparation e.g. loading or unloading.
revent a resident from temporarily storing a motorhome or camping trailer, that is permanently stored elsewhere, for a period of no more than five days, for trip preparation e.g. loading or unloading.
Vehicle Repairs. No Vehicle repairs shall be conducted in public view within the residential areas of the Subdivision nor shall any inoperative Vehicle or Vehicle parts be allowed to remain within the residential areas of the Subdivision in public view.
Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, cats kept, bred or enjoyment by any commercial purposes and are not offensive to the from intained other household pets may be kept provided they are not I Turf shall not be allowed in front or side yards without approval Copy Artificial Tur Artificie adjoining properties.
Midland County 2.26 rchitectural Control Committee.
Pater Wells and Related Facilities. Water wells shall not be yard of a Lot. All water well equipment and any water we from a public street.
in any front or side Midland using shall not be visible Screening of Air Conditioning Units. All air conditioning units and related equipment which are visible from a public street shall be screened by materials approved by the Architectural Control Committee.
3.1 ARTICLE 3 ASSOCIATION ENFORCEMENT ACTION Enforcement. The proceeding at law or in and charges now of any Owner, shall have the right to enforce, by any all restrictions, conditions, covenants, reservations, liens.
The Associationreafter imposed by the provisions of these Restated Declaration cial Copy setting by and through its Board, is authorized to adopt rules and Jer the procedures to be followed in connection with such tions and in
osed by the provisions of these Restated Declaration cial Copy setting by and through its Board, is authorized to adopt rules and Jer the procedures to be followed in connection with such tions and in Midland Counting any fine or penalty as outlined below, except as Midland her to the Midland Counters by law, by the Articles of Incorporation or by the Bylaws of the Association.
Failure by the Association or by any Owner to enforce enant in these Restated 2020 - 7292 03/10/2020 2:25PM Page 6 of 14 Declarations will not be in these Restated the other Cemed waiver of the right to do so.
Invalidation of my covenant 3.2 Fines for by judgment or Court Order shall in no way effect any of en shall remain in full force and effect.
Restate Declarations and if such failure or default continues uncured written notice thereof mailed to the Owner of the Lot at the vner's last known Clerk these en (10) days Midland Coddress, the Association may (i) impose fines upon the Lot in amants determined by the 3.3 Vidlard County default Association Board or (ii) go upon such Lot and correct default, or (iii) suspend the Owner of the Lot's use of Common Areas, and of the foregoing (i)-(iii), the Association shall not be guilty of any manner of trespass or liability to the Owner in any respect as a result thereof and no Owner shall escape liability for Assessments by virtue of any such action by the Association. The Association may, in its discretion, take a combination of the foregoing actions and taking any one action shall not be deemed to prohibit taking additional action. The Owner shall be obligated to reimburse the
on may, in its discretion, take a combination of the foregoing actions and taking any one action shall not be deemed to prohibit taking additional action. The Owner shall be obligated to reimburse the Association for all expenses incurred by it in performing any such work under (ii) above.
Fines imposed by the Association Board under (i) above shall be defined and promulgated annually by the Board. A separate schedule of offenses and fines shall be published annually by the Board and shall continue in effect until a subsequent publication is made.
The schedule of offenses and fines may only be revised at the annual meeting of the Board.
Each day shall constitute a separate offense for purposes of calculating any fine. Any default on the payment reimbursement or fines imposed by the Association Board shall be secured jat Cop Copy Unofficial Copy Mich against the Lot in the same manner as the Assessments.
violates covenant in these Restated Declarations by certified mail, returne Lot that Notice of Wolation. The Association shall provide a notice to each Owner Midland County 3.4 e last known address on file with the Association for such Ownenty the laws of the State of Texas.
Liens. Each Member is obligated to pay to the Asselland secured by a continuing lien on the Lot against whiland requested conformance with the Assessments which are the Assessment is made. In addition, each member is obligated to pay to the Association any fine imposed upon the Owner or Lot for any violation in accordance with Section 3.2 above, which shall also be secured by a continuing lien on the Lot against which the fine is made. Any Assessment or fine not paid when due will be delinquent. If the Assessment or fine is not paid within thirty (30)
ll also be secured by a continuing lien on the Lot against which the fine is made. Any Assessment or fine not paid when due will be delinquent. If the Assessment or fine is not paid within thirty (30) days after the due date, the Assessment or fine will bear interest from the date of the notice of delinquency at the rate of the lesser of the maximum amount permitted by applicable law or ten percent (10%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the Assessment or foreclose the lien against the property, and in either event, interest, costs, and reasonable attorneys' fees of any such action will be added to hereunder shall comply requirements of the laws of the State of Texas.
Midland County Clerk Unoffiche amount of the Assessment or fine. Foreclosure of any lien Midland County Clerk Unofficial Copy 2020 - 7292 03/10/2020 2:25PM Page 7 of 14 4.1 42 All presen resenta Midland County 5.1 Copy COPYARTICLE 4 Utilities, Easements and Rights of Way easements for utilities or drainage in the Subdivision the present owners of such easements.
County Clerk Unofficial Copy hereby structures, including walks, fences, paving or planting, shallcted upon any part of the Subdivision, which will interfere with rights of: S easements referred to in Article 3.1 hereof. Aving the Subdivision shall be ARTICLE 5 Additions to Subdivision egress to and from the Declarant may add or annex all or part of the 60 plus or minus acres adjacent to the Subdivision on the east ("Additional Lands") (from time to time and at any time during the
n egress to and from the Declarant may add or annex all or part of the 60 plus or minus acres adjacent to the Subdivision on the east ("Additional Lands") (from time to time and at any time during the next seven (7) years from the date of this Restated Declaration -and for an additional seven (7) years if the Declarant so elects by filing an election of record in Midland County, Texas during the initial seven (7) of the Subdivision), subject to this Restated Declaration Never, that such supplementary declaration may contain complementary rons and modifications of the covenants contained in this Declaration by filing a record in Mid Years nty, Texas a Supplemental Declaration of Restrictive Covenants; provided, propertieKcial to Midland County 6.1 y be necessary to reflect the different character, if any, of Suchial Copy as are not inconsistent with the concepts and purposes of this declaration.
ARTICLE 6 Midland County Association Creation, Membership and Rights of Members added Homeowners Association. The MIDLAND PAVILION PARK HOMEOWNERS ASSOCIATION, INC. ("Association") has been created as a non-profit corporation under the laws of the State of Texas having the power and obligation of perpetually managing and maintaining, repairing, replacing, improving and insuring the Common Areas, facilities and easements within this Subdivision. The Association shall collect assessments and make disbursements of proceeds, including the payment of all taxes assessed against the Association or the Common Areas owned by the Association, and shall take appropriate disciplinary action concerning delinquent accounts.
6.2 Membership and builder who al Copy sale of a Lot subject to these covenants; the purchaser shall
by the Association, and shall take appropriate disciplinary action concerning delinquent accounts.
6.2 Membership and builder who al Copy sale of a Lot subject to these covenants; the purchaser shall automatically beco a Member of the Association (unless the purchaser is a l hot own an occupied residence on the Lot). The member licensial Copy Associates shall not be transferred, pledged or alienated in any way except the sale of the (and then only to such purchaser), by interstate Succession, testamentary a Lot shall be entitled to one (1) membership in the Midland Composition, foreclosure of mortgage of record, or other legal p The record owner of and one (1) vote. Any 2020 - 7292 03/10/2020 2:25PM Page 8 of 14 joint owner shall designate vote said membership.
need to be issued, official list of Makcopy.
Association in writing the name of the person entitled to discretion of the Association, no certificates of membership.
*certificates are not issued, membership shall be evidenced kept by the Secretary of the Association.
Notwithstanding the foregoing, the Developer shall be entitled to three ( ed Lot owned by the Developer and two hundred (200) votes for such time as the Additional Lands have been platted.
Midland County 6.3 6.4 Clerk Unofficial Copy otes for each The Developer Shall Convey Title. The Developer and Count Additional Lands convey title to the Common Area(s), without charge and free of encumbrance the Association when (a) 75% of the lots in the subdivision are occupied, or (b) January 31, 2020 (whichever occurs soonest), or (c) such earlier time as the Developer deems appropriate.
f encumbrance the Association when (a) 75% of the lots in the subdivision are occupied, or (b) January 31, 2020 (whichever occurs soonest), or (c) such earlier time as the Developer deems appropriate.
Board of Directors. The business and affairs of the Association shall be managed by a board of directors. Directors need not be Residential Lot Owners in the Subdivision. The number of directors shall be determined by majority vote of the Association but shall not be less than three (3) nor more than seven (7). At each annual election, the Members shall elect directors to hold office until the next succeeding annual meeting. Directors shall meet at least once during each quarter during any calendar year. Any vacancy occurring in the Board of Directors may be fille Directors. A Director his predecessor in to fill a vacancy shall be elected for the unexpired term of Midland County Clerk Unofficialy the affirmative vote of the majority of the remaining 7.1 7.2 ARCHIECTURAL CONTROL COMMITTEE Creation and Responsibilities and County Clerk Unofficial Copy ARTICLE 7 the Architectural Control Committee Committee. Developer shall designate and appoint an Architectural Control Committee consisting of not less than three (3) qualified persons which shall serve at the pleasure of Developer. After Developer no longer owns any lot in the Subdivision, the Architectural Control Committee shall serve at the pleasure of the Association.
Responsibility. The Architectural Control Committee must review and approve in writing all of the following projects on the property: 7.2.1 Construction of any building, fence, wall, or other structure; 7.2.2 Any 7.2.3 othe addition, change or alteration in any building, fence, wall, Midland County Clerk Unofficial Copy
he property: 7.2.1 Construction of any building, fence, wall, or other structure; 7.2.2 Any 7.2.3 othe addition, change or alteration in any building, fence, wall, Midland County Clerk Unofficial Copy Any landscaping, or grading of any Lot or Lots; and County Clerk Unofficial Copy Any other items mentioned in this Restated Declaration 2020 - 7292 03/10/2020 2:25PM Page 9 of 14 7.3 7.4 owner must submit an Applications. To obtain Sation to the Architectural Control Committee showing the to do any of the work described in the covenants an plans and the nature, Procenerk Midland County 7.5 7.6 Mor the proposed work. Such plans and specifications shall des leight, materials, colors, and location, of the proposed work.
The Architectural Control Committee shall review applicatork Unofficial Copy in order to: 7.3.1 Insure conformity of the proposal with restrictions; and for proposed ¿Midloose Covenants, conditions, and 7.3.2 Insure harmony of external design in relation to surrounding structures and topography.
Authority of Committee. An application can be rejected for providing insufficient information. The Committee shall have broad, discretionary authority, to interpret and apply these standards. In rejecting an application, the Committee may detail the reasons for rejection and suggest how the applicant could remedy the deficiencies.
Timing. Developer and the Architectural Control Committee shall review and approve or disapprove all plans for proposed construction in the Subdivision. Failure by an owner to commence construction on a por before twenty-four (24) months after the date of closing
review and approve or disapprove all plans for proposed construction in the Subdivision. Failure by an owner to commence construction on a por before twenty-four (24) months after the date of closing the purchase of a Lot the Developer (the "Building Deadline") shall allow the Developer the right to repurchase such Lot for (i) its then appraised value o the original Unofficial Copy Rase price, whichever is lower, for a period of twenty-four (24) after the Building Deadline. No undeveloped Lot in the Subdivision may be sold by an owne thout Declarant having the prior right and option to purchase ot at its then against said Lot in favor of Developer.
Midland Coumised value. Failure to comply with the provision shall result in Midland Count placement of a lien 8.1 8.2 ARTICLE 8 Common Areas Ownership, Use and Property Rights Common Areas and Ownership. The Common Areas designated and shown on any recorded Plat of this Subdivision shall be owned by the Association for the benefit of the Members within this Subdivision. The costs of perpetual maintenance, upkeep and improvements thereon shall be borne on an equal basis by all the Members of the Association.
Land Use Within Copy on the Plat (including areas designated for storm water retention and related to subsuficial Copy to la mon Areas shall be restricted to those improvements e mineral and activities related to open space uses, including, but Cargnated a to landed area, outdoor lighting, signs relevant to the development Midland Countencing devices.
Midland County screening 2020 - 7292 03/10/2020 2:25PM Page 10 of 14 8.3 Dedication or Transfer of Fee
2020 - 7292 03/10/2020 2:25PM Page 10 of 14 8.3 Dedication or Transfer of Fee form of private entity, Uno instrument in wr Approved e to Common Areas to any individual, corporation, other agency or authority, or public utility shall not be made unless.
the dedication, tranti, purpose, location and conditions thereof are agreed to indicial Copy ag entered into between the parties involved and which is signed official Copy Midland County 9.1 vote of two-thirds (2/3) of the Members of the Association by representatives of such private or public entity. Any dedication or t Common Areas must also have the prior approval of the where the dedication or transfer is to the City of Midland.
ARTICLE 9 Assessments and and is accepted of fee title Midland Couf Midland except Assessments or Charges and special assessments for improvements shall be fixed, established and collected from time to time by the Association as hereinafter provided.
Such assessments and special assessments together with such interest and costs of collection shall be a charge on land and shall be a continuing lien upon the Lot against which each assessment is made. Any continuing lien created by an assessment pursuant to Sections 6.1 and 6.2 shall be a utility lien for water, sewer be ahead of all together with ter ond lien behind any purchase money mortgage lien, or erk Ur the person shall plied Midland County 9.2 9.3 Pgarbage service provided by the City of Midland, but shall subsequent) liens against the property. Each such and cost of collection, shall also be the personal obliga cial Copy KAMERA of the Association .
A Copy he was the owner of such property at the time of assessment.
iens against the property. Each such and cost of collection, shall also be the personal obliga cial Copy KAMERA of the Association .
A Copy he was the owner of such property at the time of assessment.
Association shall be used for improvements and maintenance levied and facilities, repair, replacement and additions within the Como operties, services not limited to, payment of applicable insurance and materials, management and supervision.
Area, including, but Midland cost of labor, equipment, Special Assessments for capital improvements in addition to the annual assessments may be authorized by the board of directors in accordance with Bylaws of the Association for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described improvement upon the Common Area.
Notices and Due Dates of Assessments. The Board of Directors of the Association shall specify the due date and amount of assessment at least fifteen (15) days in advance of such due date and shall prepare a roster of the properties and assessments applicable thereto.
Written notice of the assessment shall also be mailed to every Residential Lot Owner at least fifteen (15) days in of any special assess the specified due date of the assessment. The des Cate the Association. Un Board of Directorsha evidence be established by resolution of the Board of Directors of by any Residential Lot Owner liable for assessment, cial Copy shall furnish in writing signed by an office or director of the Association setting forth whether said assessment has been paid. Such certificate shall Midland County of payment.
Midland County Clerk conclusive
ish in writing signed by an office or director of the Association setting forth whether said assessment has been paid. Such certificate shall Midland County of payment.
Midland County Clerk conclusive 2020 - 7292 03/10/2020 2:25PM Page 11 of 14 9.4 Effect of Non-Payment of Assessment. If the assessments are not paid when due, then they shall become delinquent continuing lien again together with such interest and cost of collection, become a devisees, persoppor lien.
shall the property which shall bind the hands of the then owner, his representatives and assigns form transferring the property the his personal obligation for the statutory period and the poral obligation Midland Countly, however, the personal obligation of the owner to pay SUCH al Copy Midland Cournot pass to his successors in title unless expressly assumed by assessment shall bear interest from the date of delinqualand County If the assessment is not paid within thirty (30) days the delinquency date, the The Association may bring an action at law against the owner personally obligated to pay the same, or the Association may foreclose the lien against the property. Costs of preparing and filing the complaint in such action, together with reasonable attorneys' fees, shall be added to such assessment, and in the event a judgment is obtained, the judgment shall include interest and attorneys' fees, together with the costs of the action. Notwithstanding any provision herein, no land or improvements devoted to dwelling use shall be exempt from said assessment, charge or liens.
10.1 The covenants, restrictiv?
ARTICLE 10 Pion and Enforcement
ithstanding any provision herein, no land or improvements devoted to dwelling use shall be exempt from said assessment, charge or liens.
10.1 The covenants, restrictiv?
ARTICLE 10 Pion and Enforcement reservations and servitudes herein set forth in these Declarations shal ontinue in full force and effect until December 31, 2040, after time Midland County 10.2 10.3 kenants shall automatically extend for successive periods of tent Copy Unofficial Copy Call years unleseemstrument is signed by Owners of at least eighty percent (80% all Lots and in the Official Public Records of Midland County, Texas, an agreement to abolish these Covenants, restrictions, however, that this agreement to abolish the covenants reservations; provided Minh contains and sets not be effective unless made and recorded one (1) year in advance of any renewal.d of these covenants.
These First Amended and Restated Declarations of Restrictive Covenants replace and supersede the provisions of the Declaration of Restrictions and Covenants recorded as Document No 2017-10621 in the Official Public Records of Midland County, Texas.
If any restriction herein set forth is declared invalid, the remaining restrictions shall nevertheless continue in full force and effect. The Declarant or its employees shall not be liable for any incidental or consequential damages arising as an outcome of any of these provisions. Violation of or failure to comply with these Restated Declarations shall not affect the validity of any mortgage, bona fide lien or other similar security instrument, which may then exist on or any tract.
If any person attempt to acquiringial Copa other Lot or any interest in a Lot in this Subdivision shall violate.
of the restrictions herein, it shall be lawful for the Association Vinatec Copy
tract.
If any person attempt to acquiringial Copa other Lot or any interest in a Lot in this Subdivision shall violate.
of the restrictions herein, it shall be lawful for the Association Vinatec Copy proceso opersons owning a Lot or any interest in a Lot in the S in law or equity against any person or persons so ate such restrictions, either to prevent such violation or such Midland County recover damages by reason of such violation; provided, how Voltor Midland to from so doing or that such proceedings; 2020 - 7292 03/10/2020 2:25PM Page 12 of 14 same.
if conducted, shall be at the cost and expense of the person or persons prosecuting the ARTICE 11 Midland County Clerk Unofficial Copy 11.1 Amendments and Extensions changes and amendments shall be in accordance with the plattinanty Clerk Unofficial Copy of the City of Midland, and those changes and Association or the Common Areas shall be reviewed nd zoning procedure relate directly to the before enactment, and subject to the foregoing ed by the City of Midland as follows: a) Until at least seventy-five percent (75%) of the Lots in Section 8 and the Lots platted in the Additional Lands have been sold, the Developer may amend or change these Restated Declarations and shall not be required to obtain the consent of any Residential Lot Owner.
b) Anytime after seventy-five percent (75%) of the Lots in Section 8, and the Lots platted in the Additional Lands are owned by individuals who have built or who are in the process of building for personal occupancy on their respective tracts, the Restated
in Section 8, and the Lots platted in the Additional Lands are owned by individuals who have built or who are in the process of building for personal occupancy on their respective tracts, the Restated Declaration set forth herein shall be subject to amendment or alteration by the affirmative vote of two (2/3) of the Residential Lot Owners. Upon any additions or annexation o Subdivision pursuant to Article 5.1 of this Restated Declaration current owners to shall be calculated on the total average existing after the a annexation including any acreage added or annexed to this residential Midland County Park.
Clerke diffofficial Copy of At such time as the Developer fails to control a majority of the in the Association, the Developer shall deliver all books and records of of the Board. The Developer may turn over all the Board prior to the time it controls a majoration to the President sole decision.
records to the President of the votes in the Association, at its d) Any and all amendments to this Restated Declaration shall be recorded in the office of the County Clerk in Midland County Texas.
12.1 If one or more of the illegality or ARTICLE 12 Official Copy Invalidity contained in these Restated Declarations shall, for any reason, be held to valid, illegal or unenforceable in any respect, such inancial Copy Declaration orceability shall not affect any other provision of this Midland County Midland County Clerk 2020 - 7292 03/10/2020 2:25PM Page 13 of 14 Midland County Clerk Unofficial Copy STA TEXAS COUNTY OF MIDLAND * * PETREE-ISBELL, INC.
by: Описнич James Isbell President Midland County Clerk Unofficial Copy
- 7292 03/10/2020 2:25PM Page 13 of 14 Midland County Clerk Unofficial Copy STA TEXAS COUNTY OF MIDLAND * * PETREE-ISBELL, INC.
by: Описнич James Isbell President Midland County Clerk Unofficial Copy This instrument was acknowledged before me on this the 10 day of March, 2020 by James Isbell as President of Petree-Isbell, Inc., a Texas corporation, on behalf of said corporation.
HOTARY OF PUBLIC TEXAS CLAUDIA CANTU Notary Public, State of Texas Comm. Expires 12-09-2021 Notary ID 129647113 Claudia Contu NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2020 - 7292 03/10/2020 2:25PM Page 14 of 14 Midland County Clerk Unofficial Copy Recorded On: March 10, 2020 02:25 PM Instrument Number: 7292 Midland County Alison Haley Midland County Clerk Midland County Clerk Unofficial Copy Real Property Recordings Total Recording: $74.00 Number of Pages: 14 " Examined and Charged as Follows: " Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: COUNTY COURT Midland DLAND COUNTY 7292 20200310000178 March 10, 2020 02:25 PM Tia H CC10297 ty Clerk Unofficial Copy Record and Return To: RENDALL SIKES PLLC 6 DESTA DR STE 1000 MIDLAND TX 79705
tion: COUNTY COURT Midland DLAND COUNTY 7292 20200310000178 March 10, 2020 02:25 PM Tia H CC10297 ty Clerk Unofficial Copy Record and Return To: RENDALL SIKES PLLC 6 DESTA DR STE 1000 MIDLAND TX 79705 I hereby certify that this Instrument was filed in the File Number Clerk Unofficial Copy TEXAS Cond County printed hereon, and was duly recorded in the Official Alison Haley Midland County Clerk Midland County, TX on the date/time cords af Midland County, Texas Alison Haley