2023 - 23494 09/29/2023 08:47 AM Page 1 of 12 Copy Mitchell Acres Subdivision Midland County Clerk/claration of Restrictive Covenants of Effe Declarant: Date: Declarant's Address: Property Owners Association: Property Owners Association's Address: Property: Basic Information a Texas limited liability compaidland County Clerk Unofficial Copy September 28th 2023 Jaz Land, LLC and Pierce Liberty LLC.
Jaz Land, LLC and Pierce Liberty Fund, LLC Attn: Jon Jasniak 404 Wimberly Street Fort Worth, Texas 76107 Mitchell Acres Association, Inc., a Texas nonprofit corporation Mitchell Acres Association, Inc.
404 Win St Worth, Texas 76107 150.457 acres, more or less, situated in Midland County, being the Mitchell Acres Subdivision in Section 26, Section 27, A-231, Block 39, T-4-S, T & P RR Co Midland County Clerk Unoffi and "Assessment” means any amount due to the Property Qudland Countyork nofficial Copy Definitions levied against an Owner by the Property Owners Association under this Declaration.
Association by an Owner or "Board" means the Board of Directors of the Property Owners Association.
"Bylaws” means the Bylaws of the Property Owners Association adopted by the Board.
"Common Area" means all property within the Subdivision not designated as a Lot on the Plat and that has not been accepted for maintenance by the applicable governmental body.
Common Area includes private roadways depicted on the Plat as SCR 1188, ECR 304, and SCR 1185. Declarant will convey the Common Area to the Property Owners Association.
"Covenants" means the Declaration.
"Declarant" Unofficiafe Jaz Land, LLC and Pierce Liberty Fund, LLC, Texas limited Unofficial Copy companies, andals, conditions, and restrictions contained in this Midland Cordayment and is named as successor in a recorded document.
, LLC and Pierce Liberty Fund, LLC, Texas limited Unofficial Copy companies, andals, conditions, and restrictions contained in this Midland Cordayment and is named as successor in a recorded document.
purpose DECLARATION OF RESTRICTIVE COVENANTS Midland County Crew for the PAGE 1 2023 - 23494 09/29/2023 08:47 AM Page 2 of 12 "Easements" means purposes as shown on the and any rules Uncasements within the Property for utilities, drainage, and other of record; and "Easement” means any one of the Easements.
official Copy "Goocuments" means this Declaration and the Certificate of Formation Bylaws, of the Property Owners Association, as amended.
Midland County Cot" means each tract of land designated as a lot on the Plat.
"Member" means Owner.
Midland County "Owner" means every record Owner of a fee interest in a Lot.
"Plat" means the Plat of the Property to be recorded in Midland County, TX Plat Records, for the Mitchell Acres Subdivision consisting of 150.457 Acres out of Section 26, A-1128 and Section 27, A-231, Block 39, T-4-S, T&P RR Co Survey in Midland County, TX and any replat of or amendment to the Plat made in accordance with this Declaration.
“Subdivision” means the Property covered by the Plat and any additional property made subject to this Declaration.
"Vehicle" means any auton 06 conveyance, whether self-propellor towed.
A.
on of Covenants Midland Counterk truck, motorcycle, boat, trailer, or other wheeled Clauses and Covenants Midland County Clerk Unofficial Copy Declarant imposes the Covenants on the Subdivision.
upants of the Lots by their acceptance of their deeds, leases, or of the Subdivision is subject to the Covenants.
Owners and other pancy of any Lot agree that 2. The Covenants are necessary and desirable to establish a uniform plan for the
of their deeds, leases, or of the Subdivision is subject to the Covenants.
Owners and other pancy of any Lot agree that 2. The Covenants are necessary and desirable to establish a uniform plan for the maintenance and use of the Subdivision for the benefit of all Owners. The Covenants run with the land and bind all Owners, occupants, and any other person holding an interest in a Lot.
3. Each Owner and occupant of a Lot agrees to comply with the Governing Documents and agrees that failure to comply may subject him to a fine, an action for amounts due to the Property Owners Association, damages, or injunctive relief.
B.
Plat and Easements 1.
The Plat, Easements, a Midland Copy of this Declaration and are 2.
An does not facilities Imatters shown of record affecting the Property are part by reference.
may use that portion of a Lot lying in an Easement for any use of the Easement or damage any facilities. Owners do not an Easement.
Unofficial Copy utility DECLARATION OF RESTRICTIVE COVENANTS Midland County PAGE 2 2023 - 23494 09/29/2023 08:47 AM Page 3 of 12 3.
Neither Declarant Unofficial Copy a structure in an Easement.
4.
the Easements Clerk any Easement holder is liable for damage to landscaping or Kant and each Easement holder may install, maintain, and connect se and Activities Midland County 1.
activities.
2.
Area are Prohibited Use.
Lots and the Common Area and County Clerk Unofficial Copy ot be used for any prohibited Common Area Prohibited Activities. Activities prohibited upon the Common a. any activity that is otherwise prohibited by the Governing Documents; b.
any illegal activity; C.
any nuisance, noxious, or offensive activity; d.
any shooting e.
any Subdivision.
firearms; and
mon a. any activity that is otherwise prohibited by the Governing Documents; b.
any illegal activity; C.
any nuisance, noxious, or offensive activity; d.
any shooting e.
any Subdivision.
firearms; and Midland County Clerk Profficia vehicles for purposes other than access to or maintenance any activity that is otherwise prohibited by the Gounty Clerk Unofficial Copy D.
3.
a.
Lot Standards Prohibited Activities. Activities prohibited upon Lots areany illegal activity; and Midland ng Documents; any shooting or use of firearms upon a Lot by anyone other than an Owner and their family, guests, or invitees (e.g., no operation of a commercial shooting range or leasing of a Lot for hunting with firearms); provided, however, that (i) the discharge of firearms is not condoned or recommended by Declarant, (ii) the discharge of firearms must be made in compliance with all applicable laws, ordinances, statutes, rules, and regulations promulgated by any governmental body with jurisdiction, and (iii) the Owner of a Lot on which a firearm is discharged must take every precaution to ensure that neighboring Lots, improvements, and Owners (and their respective families ammunition Clerk Unofficial Copuests, and invitees) are protected from discharged Midland Countyubject to the following: (i) such Owner shall be responsible for an Clerk Unofficial Copy 1.
into one L adminis olidation of Lots. An Owner of adjoining Lots may consolidate ose Lots obligations required for such consolidation imposed by the ate and county in DECLARATION OF RESTRICTIVE COVENANTS Midland Couplatting and PAGE 3 2023 - 23494 09/29/2023 08:47 AM Page 4 of 12 which the Lots are located; (ii) such newly-consolidated LoCopy Kinoffic Assessment (see Section F, below) that may be levied against against the individual
23 - 23494 09/29/2023 08:47 AM Page 4 of 12 which the Lots are located; (ii) such newly-consolidated LoCopy Kinoffic Assessment (see Section F, below) that may be levied against against the individual consolidated Lot Midland County Clerk و Unofficial Copy be no less than the total of the Assessments that may be levied consolidated at the time of such consolidation; and (iii) the ne be treated as one (1) Lot for voting purposes (see Section E.3, Subdivision of Lots. An Owner of a Lot may subdivide a Lot oject to the following: (i) such Owner shall be ministrative obligations required for such subdivision imposed the Lot is located, (ii) a Class A Member Owner that subd, plenty Clerk one more new any platting and state and county in which ot in this manner shall remain entitled to only one (1) vote, collectively, for all such Lots created by the subdivision; however, upon the transfer of a new Lot created by such subdivision to a third party, the transferee of such a Lot will be vested with the voting rights appurtenant to an individual Lot in the Subdivision (see Section F, below); and (iii) new Lots created by such subdivision will be subject to Regular Assessments of $100 per year, subject to the authority of the Board to change the amount of such Regular Assessments as set forth in Section F.5.b herein.
3. Maintenance. Each Owner must keep their Lot(s) and all landscaping, residences, and structures in a reasonable condition.
E. Property Owners Association 1.
Establishmential Copy Certificate.
Governance.
by filing itsommation and is governed by the Certificate of Formation afficial Copy Declaration, and Texas The Property Owners Association is established owners association under the Texas Business Organizatio Midland Cay Code, and the Governing Documents.
2.
Formation afficial Copy Declaration, and Texas The Property Owners Association is established owners association under the Texas Business Organizatio Midland Cay Code, and the Governing Documents.
2.
Rules. The Board may adopt rules and regulations the other Governing Documents. On request, Owners will be regulations.
3.
Midland County a Code, the o not conflict with law or a copy of any rules and Membership and Voting Rights. Every Owner is a Member of the Property Owners Association. Membership is appurtenant to and may not be separated from ownership of a Lot. The Property Owners Association has two classes of voting Members: b.
a.
Class A. Class A Members are all Owners, other than Declarant. Class A Members have one (1) vote per the Lot they own. When more than one person is an Owner, each is a Class A Member, but only one vote may be cast for a Lot.
Class B.
Lot Accapy Member is Declarant and has two (2) votes for each men whe Class B membership ceases and converts to Class A County Clerk on the earlier ofwhen the Class A Members' votes match or exceed the B Member's votes, or DECLARATION OF RESTRICTIVE COVENANTS Midland County Clerk Unofficial Copy PAGE 4 2023 - 23494 09/29/2023 08:47 AM Page 5 of 12 From and after the ii.
the (3rd) Unofficial Copy Property Owneler kr vote per Midland County O anniversary date of the lawful commencement date of Property Owners Association as an incorporated entity.
version of Class B membership to Class A membership, all Member Unofficial Copy ty Cle the Abership in the Midland County, Association shall be Class A Members, and Class A Members shal have one (1) Lot they own as provided in a., above. A person's or entity's Owners Association shall terminate automatically whenever
nty, Association shall be Class A Members, and Class A Members shal have one (1) Lot they own as provided in a., above. A person's or entity's Owners Association shall terminate automatically whenever be an Owner, but such termination shall not release or relieve any liability or obligation incurred under or in any way co Association or the Declaration during the period of such Ownership, or impair any rights or remedies which the Property Owners Association or any other Owner has with regard to such former Owner.
F.
Assessments 1.
erson or entity ceases person or entity from with the Property Owners Authority. The Property Owners Association may levy Assessments to promote the recreation, health, safety, and welfare of the residents in the Subdivision, to fund operating expenses of the Property Owners Association, and to improve and maintain the Common Area, including the private roadways depicted in the 60 foot right of way on the plat of Mitchell Acres Subdivision.
2.
Personal when the Assessment aco Lot, 3.
Mich Clerk Unofficial Copy An Assessment is a personal obligation of each Owner Unofficial Copy ation of Lien. Assessments are secured by a continuing vendor' ower of sale, to the on each n is reserved by the Declarant and assigned to the Property Owner Association. By of a deed to a Lot, each Owner grants the lien, together with perty Owners Association to secure Assessments.
4.
Commencement; Exempt Property. A Lot Midland mes subject to Assessments on conveyance of the Lot by Declarant. The Common Area and all properties dedicated to and accepted by a local public authority shall be exempt from any and all Assessments.
5.
b.
Regular Assessments a.
County Clerk Rate. Regular Assessments are levied by the Board, annually, to fund the
nd accepted by a local public authority shall be exempt from any and all Assessments.
5.
b.
Regular Assessments a.
County Clerk Rate. Regular Assessments are levied by the Board, annually, to fund the anticipated operating and maintenance expenses of the Property Owners Association. Until changed by the Board, the Regular Assessments shall be levied pursuant to the Regular Assessment Schedule attached as Addendum "A" hereto and made part by reference.
Changes the Board. Written notice of the Regular Assessment will No every Owner.
fficlagular Assessments. Regular Assessments may be changed Collections. Regular Assessments will be collected annualClerk Unofficial Copy Midland Caner other than payable (i) for the year in which any Lot is first sold to DECLARATION OF RESTRICTIVE COVENANTS M advance, PAGE 5 2023 - 23494 09/29/2023 08:47 AM Page 6 of 12 Declarant the Copy è in ownership, and (ii) on the tenth (10th) day of January of each haficial Copy thereafter.
the Regular Assessment being prorated as of the date of the Midland County Clerk, Unofficiam thirty (30) days following such change in ownership, with Spe Special Assessments. In addition to the Regular Assessments, Assessments for the purpose of funding the cost of any replacement of any capital improvement on the Common "benefiting the Subdivision but requiring funds exceeding Board may levy Midland County, Clerk Deconstruction, repair, or for any other purpose available from the Regular Assessments. Special Assessments must be approved by the Members. Written notice of the terms of the Special Assessment will be sent to every Owner.
7. Approval of Special Assessments. Any Special Assessment must be approved by a two-thirds (2/3) vote at a meeting of the Members in accordance with the Bylaws.
ssessment will be sent to every Owner.
7. Approval of Special Assessments. Any Special Assessment must be approved by a two-thirds (2/3) vote at a meeting of the Members in accordance with the Bylaws.
8. Fines. The Board may levy a fine against an Owner for a violation of the Governing Documents as permitted by law.
9. Subordination of Lien to Mortgages. The lien granted and reserved to the Property Owners Association is subordinate to by the Texas Constitution. The Association's lien as to G.
of a superior lien extinguishes the Property Owners due before the foreclosure.
is due is delili granted by an Owner against a Lot not proksied 10.
medial Rights Midland County 1.
Any Assessment not paid within thirty (30) Late Charges and Interest. A late charge of five County Clerk Unofficial Copy amount is assessed for delinquent payments. Delinquent Assent (5%) of the delinquent Ments accrue interest at the rate of (i) ten percent (10%) per year, or (ii) the maximum amount permitted by law, whichever is less.
The Board may change the late charge and the interest rate.
2. Costs, Attorney's Fees, and Expenses. If the Property Owners Association complies with all applicable notice requirements, an Owner is liable to the Property Owners Association for all costs and reasonable attorney's fees incurred by the Property Owners Association in collecting delinquent Assessments, foreclosing the Property Owners Association's lien, and enforcing the Governing Documents.
3. Judicial Enforcement.
against an Owner to collect lien, or enforce or enjoin a against another Owner to 4.
Property Owners Association may bring an action of the Governing Documents. An Owner may bring an action or enjoin a violation of the Governing Documents.
•Une bessments, foreclose the Property Owners Association's
s Association may bring an action of the Governing Documents. An Owner may bring an action or enjoin a violation of the Governing Documents.
•Une bessments, foreclose the Property Owners Association's of Violations. The Property Owners Association may access Lot to remedy olation of the Governing Documents.
Midland County C DECLARATION OF RESTRICTIVE COVENANTS Midland County Clerk, Unofficial Copy PAGE 6 2023 - 23494 09/29/2023 08:47 AM Page 7 of 12 5.
Suspension of Property Owners Assofficial.Copy accordance with law unt damage 6.
inde den Blerk Midland If an Owner violates the Governing Documents, the suspend the Owner's rights under the Governing Documents violation is cured.
Midland Clerk Unofficial Copy Mage to Property. An Owner is liable to the Property Owners Common Area caused by the Owner or the Owner's contractors, and invitees in accordance with law.
Common Area ciation for guests, agents, 1. Common Area Easements. Each Owner has an easement in and to the Common Area, subject to the right of the Property Owners Association to― a.
grant an easement approved by the Board over the Common Area for utility, drainage, or other purposes; and 2.
b.
dedicate or convey any of the Common Area for public purposes, on approval by a vote of two-thirds (2/3) of the Members at a meeting in accordance with the Bylaws.
Permitted Users.
to the Owner's family, guests, and invitees, subject to the Governing Documents.
Unauthofficial Coner's right to use and enjoy the Common Area extends 3.
any structure on Board.
Unofficial Copy ed Improvements in Common Area. An Owner may not erect on Grear, landscape, or disturb, any Common Area except as Midland County Clerku General Provisions 1.
Term. This Declaration runs with the land and idland County by the
n Area. An Owner may not erect on Grear, landscape, or disturb, any Common Area except as Midland County Clerku General Provisions 1.
Term. This Declaration runs with the land and idland County by the Anding for a term of twenty (20) years, and thereafter, this Declaration automatically continues for successive terms of ten (10) years each, unless within three (3) months before the end of a term fifty percent (50%) of the Members at a meeting in accordance with the Bylaws elect not to extend the term.
2. No Waiver. Failure by the Property Owners Association or an Owner to enforce the Governing Documents is not a waiver.
3. Corrections. The Board may correct typographical or grammatical errors, ambiguities, or inconsistencies contained in this Declaration, provided that any correction must not impair or affect a vested property right of any Owner.
4. Amendment. This percent (67%) of the with the Bylaws. Saration may be amended at any time by vote of sixty-seven Owners Association 5.
the Property Owners Association at a meeting in accordance unt containing the approved amendment will be signed by the Propenofficial Copy Conflict. This Declaration controls over the other Governing Midland County Clerk DECLARATION OF RESTRICTIVE COVENANTS Midland Countyments.
PAGE 7 2023 - 23494 09/29/2023 08:47 AM Page 8 of 12 the extent the unenforceabiicial Copy unenforceability does tect n 6. Severability. If a vision of this Declaration is unenforceable for any reason, to does not destroy the basis of the bargain among the parties, the t any other provision of this Declaration, and this Declarationofficial Copy, Notices. Any notice required or permitted by the Governing Roty Clerk 1 be construed as unenforceable provision is not a part of the Declaration.
Midland County Clerk,
d this Declarationofficial Copy, Notices. Any notice required or permitted by the Governing Roty Clerk 1 be construed as unenforceable provision is not a part of the Declaration.
Midland County Clerk, ments must be must be given by Milby regular mail. Notice is ng. To the extent required by law, notices regarding remedial tified mail, return receipt requested. All other notices may be deemed delivered (whether actually received or not) when] fy deposited with the United States Postal Service, addressed to a Member, at the Members last known address according to the Property Owners Association's records, and the Property Owners Association, the Board, or a managing agent at the Property Owners Association's principal office or another address designated in a notice to the Members. Unless otherwise required by law or the Governing Documents, actual notice, however delivered, is sufficient.
8.
Annexation of Additional Property. On written approval of the Board and not less than sixty-seven percent (67%) of the Members at a meeting in accordance with the Bylaws, the owner of any property who desires to subject such property to this Declaration may record an annexation agreement that will impose this Declaration and the Covenants on that property.
e follows on next page] Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy DECLARATION OF RESTRICTIVE COVENANTS Midland County Clerk Unofficial Copy PAGE 8 2023 - 23494 09/29/2023 08:47 AM Page 9 of 12 EXECUTED to be effective as of Declarant Midland County Clerk Unofficial Effective Date.
Jaz Land, LLC, Jonathan Jasnie panty Clerk Unofficial Copy a Texas limited liability company By Managing STATE OF TEXAS COUNTY OF Tarrant The foregoing September, 2023, limited liability
fective Date.
Jaz Land, LLC, Jonathan Jasnie panty Clerk Unofficial Copy a Texas limited liability company By Managing STATE OF TEXAS COUNTY OF Tarrant The foregoing September, 2023, limited liability Clerk Unof ACKNOWLEDGMENT cos cos cos Copy was acknowledged before me on this 28th day of on behalf of said company.
Midland County 23 onathan Jasniak, Managing Member of Jaz Land, LLC, a Texa TARY TATE OF TEXA BRYAN TYLER BASS Notary Public STATE OF TEXAS ID# 133671551 My Comm. Exp. Mar. 29, 2026 Midland County Clerk Unofficial Copy Notary Public in and for State of Texas Midland County Clerk Unofficial Copy DECLARATION OF RESTRICTIVE COVENANTS Midland County Clerk Unofficial Copy PAGE 9 2023 - 23494 09/29/2023 08:47 AM Page 10 of 12 EXECUTED to be effective Midland County Clerk Unofficial Effective Date.
Declarant Pierce Liberty Fund, LLC Michael Mitchland County Clerk Unofficial Copy a Texas limited liability company BY Managing Member ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Lubbock § cos cos cos Copy The foregoing instrume was acknowledged before me on this 27th Softember , 2023.
a Texas limited liabilit mpany, on behalf of said company.
day of Midland County Clerk chael Mitchell, Managing Member of Pierce Liberty Fund, LLC, * PUBL JANET KOTHMANN Notary Public, State of Texas Comm. Expires 07-23-2027 Notary ID 2933017 mempty Clerk Unofficial Copy Notary Public in and for the Midland Texas After recording, please return to: Jaz Land, LLC Attn: Jon Jasniak 404 Wimberly Street Fort Worth, Texas 76107 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2023 - 23494 09/29/2023 08:47 AM Page 11 of 12 ADDENDUM “A” Initial Regular Assessment Schedule Midland County Clerk Unofficial Copy 1 Lots 1-34 Blk 2 Lots 1-26 $100/lot every $100/lot every
cial Copy 2023 - 23494 09/29/2023 08:47 AM Page 11 of 12 ADDENDUM “A” Initial Regular Assessment Schedule Midland County Clerk Unofficial Copy 1 Lots 1-34 Blk 2 Lots 1-26 $100/lot every $100/lot every Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2023 - 23494 09/29/2023 08:47 AM Page 12 of 12 Midland County Clerk Unofficial Copy Instrument Number: 23494 Recorded On: September 29, 2023 08:47 AM Midland County Alison Haley Midland County Clerk Midland County Clerk Unofficial Copy Real Property Recordings Total Recording: $66.00 Number of Pages: 12 "Examined and Charged as Follows: " Midland County Clerk Unofficial Copy File Information: 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.
Document Number: 23494 Receipt Number: 20230929000018 Recorded Date/Time: September 29, 2023 08: User: Station: Amanda D CC12030 Midland County Cleck Unofficial Copy COUNTY COUR • TEXAS AND COUNTY.
TE OF TEXAS County Record and Return To: JAZ LAND LLC 404 WIMBERLY ST FORT WORTH TX 76107-2256 Midland County Clerk Unofficial Copy I hereby certify that this Instrument was filed in the File printed hereon, and was duly recorded in the Official Alison Haley Midland County Clerk Midland County, TX quence on the date/time ✓ Midland County, Texas Auson Haley