DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS MURPHY MEADOWS [COLLIN COUNTY, TEXAS] officia Declarant: MURPHY MEADOWS LOT VENTURE, LTD., a Texas limited partnership This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the residential community known as Murphy Meadows in Collin County, Texas and the operation of Murphy Meadows Homeowners Association, Inc., a Texas non-profit corporation DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS MURPHY MEADOWS TABLE OF CONTENTS 2.1 2.2 ARTICLE 1 DEFINITIONS ARTICLE 2 EASEMENTS...
Owner's Easement of Enjoyment..
Owner's Maintenance Easement.
2.3 Owner's Ingress/Egress Easement...
2.4 Owner's Encroachment Easement..
2.5 Easement Of Cooperative Support.
2.6 Association's Access, Maintenance and Landscape Easement.
2.7 Utility Easement.
2.8 Private Utility Lines.
2.9 Party Walls 2.10 Easement to Inspect and Right To Correct.
2.11 Fire Safety Page .1 8 official ARTICLE 3 GENERAL AND USE RESTRICTIONS General..
Conceptual Plans.
Single-Family Residential Use .10 .10 .10 .11 .11 .12 .14 .14 .14 3.1 .14 3.2 .15 3.3 .16 3.4 Provision of Benefits and Services to Service Areas .17 3.5 Rentals...
.18 3.6 Subdividing...
.19 3.7 Hazardous Activities .19 3.8 Insurance Rates.
.19 3.9 Mining and Drilling .19 3.10 Noise .19 3.11 Clotheslines; Window Air Conditioners.
.20 3.12 Animals Household Pets ..20 3.13 Rubbish and Debris .20 Maintenance.
.21 3.15 Trash Containers .22 3.16 Antenna....
.22 3.17 Location of Permitted Antennas..
.22 3.18 Signs .23 3.19 Flags - Approval Requirements...
.24 MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page i TABLE OF CONTENTS (Continued) Page 4.7 4.8 ARTICLE 5 DISCLOSURES.....
18 Signs .23 3.19 Flags - Approval Requirements...
.24 MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page i TABLE OF CONTENTS (Continued) Page 4.7 4.8 ARTICLE 5 DISCLOSURES.....
Service Contracts.
3.20 3.21 3.22 3.23 Flags Installation and Display.
Tanks Temporary Structures.
Unsightly Articles; Vehicles 3.24 Basketball Goals; Permanent and Portable...
3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.10 3.32 3.09 Garages......
On Street Parking.
Compliance with Restrictions.
Liability of Owners for Damage to Common Area or Special Common Area.
Water Quality Facilities, Drainage Facilities and Drainage Ponds.
Decorations and Lighting..
Streets Within the Property.
Swimming Pools……...........
No Warranty of Enforceability Utilities...
ARTICLE 4 CONSTRUCTION RESTRICTIONS.
4.1 4.2 4.3 4.4 4.5 4.6 Approval for Construction Fences; Sidewalks.
Drainage..
Compliance with Setbacks.
Solar Energy Device....
Rainwater Harvesting Systems.
Xeriscaping...
nofficial ..30 .30 .31 .33 .34 .35 .35 Adjacent Uses and Thoroughfares...........
Fire Sprinkler Disclosure.....
.35 .35 5.8 5.9 5.10 5.11 5.12 View Impairment..
Schools Outside Conditions........
Concrete Construction Activities Moisture Mold and/or Mildew Encroachments.
Budgets .36 .36 .37 ..37 ..37 .37 ..37 ..37 .38 .29 ...30 .29 .29 29 2222222 22222222 MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page ii TABLE OF CONTENTS (Continued) Page 7.8 Right of Action by Association.......
ARTICLE 8 ASSESSMENTS.
8.1 Assessments 5.13 5.14 Water Runoff 5.15 5.16 5.17 5.18 Suburban Environment......
Photography of the Property.
Changes to Street Names and Addresses Plans......
Location of Utilities 5.19 Wood...
5.20 Stone 5.21 5.22 Chemicals.....
Marketing 5.23 High Winds; Inclement Weather....
5.24
tography of the Property.
Changes to Street Names and Addresses Plans......
Location of Utilities 5.19 Wood...
5.20 Stone 5.21 5.22 Chemicals.....
Marketing 5.23 High Winds; Inclement Weather....
5.24 Security; Injury to Person or Property.
ARTICLE 6 MURPHY MEADOWS HOMEOWNERS ASSOCIATION, INC.....
.41 6.1 Organization.....
6.2 Membership .41 .41 6.3 Governance.
6.4 Voting Rights.
6.5 6.6 6.7 6.8 6.9 Powers Acceptance of Common Area and Special Common Area.
Administration of Common Area and the Special Common Area.
Indemnification Insurance..
6.10 Bulk Rate Contracts 6.11 Protection of Declarant's Interests..
Notices and Disclaimers as to Security Systems.......
ARTICLE ENFORCING THE RESTRICTIONS Fines and Damages Assessment..
Enforcement Board Discretion.
No Waiver...
Recovery of Costs .44 .44 .44 .48 .48 .48 .49 .49 Declarant's Right to Contribute to Revenues of the Association ....50 .50 .50 .51 .51 .52 .52 .53 .53 ..53 Right of Action by Owners; Release .53 ..54 ..54 ..54 Unofficial .40 .40 MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page iii TABLE OF CONTENTS (Continued) Page Service Area Assessments...
Individual Assessments..
8.2 Maintenance Fund 8.3 Regular Annual Assessments 8.4 Special Assessments 8.5 Special Common Area Assessments..
8.6 8.7 8.8 8.9 8.10 8.11 8.12 Working Capital Assessment..
Amount of Assessment.
Late Charges....
Owner's Personal Obligation; Interest..
Assessment Lien and Foreclosure...
8.13 Exempt Property.
ARTICLE 9 MAINTENANCE AND REPAIR OBLIGATIONS.
9.1 9.2 9.3 9.4 9.5 9.6 Overview.....
Association Maintains.....
Area of Common Responsibility.
Inspection Obligations.
Owner Responsibility Disputes OT TOT TOT G .58 Unofficial ARTICLE 10 INSURANCE.
10.1 Insurance-Association.
10.2 Insurance Owner...
..59 .60 ..61
Area of Common Responsibility.
Inspection Obligations.
Owner Responsibility Disputes OT TOT TOT G .58 Unofficial ARTICLE 10 INSURANCE.
10.1 Insurance-Association.
10.2 Insurance Owner...
..59 .60 ..61 ..61 ...61 ..62 .63 .64 ...65 ...65 ...65 .66 10.3 Owner's Liability For Insurance Deductible.
....66 ARTICLE 11 ARCHITECTURAL REVIEWER.
.....66 ...66 Architectural Control By Declarant.
.66 Architectural Control by Association.
.....67 Prohibition of Construction, Alteration and Improvement….....
....68 Architectural Approval .
.68 ARTICLE 12 MORTGAGE PROVISIONS..
12.1 Notice of Action......
12.2 Examination of Books....
12.3 Taxes, Assessments and Charges .69 .70 .70 .70 RRR ARTICLE 13 GENERAL PROVISIONS.
13.1 Term.........
13.2 Eminent Domain MURPHY MEADOWS .70 ..70 ..71 RRE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page iv 13.3 Amendment..
TABLE OF CONTENTS (Continued) Page ..71 13.4 Enforcement 13.5 Higher Authority.
13.6 Severability..
13.7 Conflicts.
13.8 Gender.
13.9 Notices.
13.10 Damage and Destruction 13.11 No Partition.
13.12 Safety and Security.
9.16 Bulk Purchaser....
ARTICLE 14 DEVELOPMENT EASEMENTS..
14.1 14.2 14.3 14.4 14.5 Right of Ingress and Egress.
Reserved Easements....
..74 .74 .75 .75 .76 .76 official Subdivision Entry and Fencing Easement..
Landscape and Monument Sign Easement.
14.6 Declarant as Attorney in Fact....
ARTICLE 15 DEVELOPMENT RIGHTS...........
15.1 15.2 15.3 15.4 Development by Declarant...
Special Declarant Rights...
Addition of Land....
Withdrawal of Land].
15.5 Assignment of Declarant's Rights ARTICLE 16 DISPUTE RESOLUTION.
..77 .77 .77 ..78 .78 .79 .79 .79 ...80 60 .80 161 Agreement to Encourage Resolution of Disputes Without Litigation.
.80 16.2 Claims Regarding Common Areas....
..81 16.3 Notice .83 16.4 Negotiation
N.
..77 .77 .77 ..78 .78 .79 .79 .79 ...80 60 .80 161 Agreement to Encourage Resolution of Disputes Without Litigation.
.80 16.2 Claims Regarding Common Areas....
..81 16.3 Notice .83 16.4 Negotiation .84 16.5 Mediation....
.84 16.6 Termination Of Mediation .84 16.7 Binding Arbitration-Claims.
.84 16.8 Allocation Of Costs ..86 16.9 General Provisions........
.86 16.10 Period of Limitation..
16.11 Approval & Settlement.
.87 .87 881 MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page v TABLE OF CONTENTS (Continued) ARTICLE 17 Compliance with the city's code of ORDINANCES..
17.1 17.2 17.3 17.4 17.5 Authority......
Abandonment or Dissolution Amendment..
Failure of Association to Maintain Common Areas and Certain Facilities, Structures, Improvements, and Systems.
Indemnification Page .87 .87 ..87 ..88 8888 888 Unofficial MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page vi DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS MURPHY MEADOWS This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made by MURPHY MEADOWS LOT VENTURE, LTD., a Texas limited partnership (the "Declarant"), and is as follows: A.
RECITALS: This Declaration is filed with respect to Murphy Meadows, a subdivision located in Collin County, Texas (the "Subdivision"), according to the map or plat recorded or to be recorded in the Official Public Records of Collin County, Texas (the "Property"). Declarant is the owner of the Property.
B.
Declarant desires to create and carry out a uniform plan for the development, improvement, and sale of the Property.
C.
By the Recording of this Declaration Declarant serves notice that the Property will be subjected to the terms and provisions of this Declaration.
Unofficial
, improvement, and sale of the Property.
C.
By the Recording of this Declaration Declarant serves notice that the Property will be subjected to the terms and provisions of this Declaration.
Unofficial NOW, THEREFORE, it is hereby declared: (i) that the Property (and each portion thereof) will be held sold, conveyed and ccupied subject to the following covenants, conditions and restrictions which will zun with such portions of the Property and will be binding upon all parties having right, title, or interest in or to such portions of the Property or any part thereof, their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii) that each contract or deed conveying the Property (or any portion thereof) will conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions and restrictions, regardless of whether or not the same are set out in full or by reference in said contract or deed This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the reader. If there is a conflict between any note and the text of the Declaration, the text will ARTICLE 1 DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration will have the meanings hereinafter specified: "Affiliate" means any person: (a) directly or indirectly through one or more intermediaries controlling, controlled by, or under direct or indirect common control with or managed by, an Owner; or (b) related to another Owner within the second degree of MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 consanguinity. A person shall be deemed to be "controlled by" any other person if such other
ner within the second degree of MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 consanguinity. A person shall be deemed to be "controlled by" any other person if such other person possesses, directly or indirectly, power (i) to vote 10% or more of the securities (on a fully diluted basis) having ordinary voting power for the election of directors or managing general partners or the equivalent; or (ii) to direct or cause the direction of the management and policies of such person whether by contract or otherwise.
"Applicable Law" means all statutes, public laws, ordinances, policies, rules, regulations and orders of all federal, state, county and municipal governments of their agencies having jurisdiction and control over the Property in effect at the time a provision of the Restrictions is applied, and pertaining to the subject matter of the Restriction provision, including but not limited to, all ordinances and any other applicable building codes, zoning restrictions and permits or other applicable regulations. Statutes and ordinances specifically referenced in the Restrictions are "Applicable Law" on the date of the Restrictions, and are not intended to apply to the Property if they cease to be applicable by operation of law, or if they are replaced or superseded by one or more other statutes or ordinances. Notwithstanding the foregoing, the RCLA shall be an Applicable Law and shall apply to each and every Lot, Dwelling, Improvement and Structure, regardless of the definition of the term "Residence" as used in the RCLA.
"Architectural Reviewer" means Declarant or its designee until expiration or termination of the Development Period. Upon expiration or termination of the Development
m "Residence" as used in the RCLA.
"Architectural Reviewer" means Declarant or its designee until expiration or termination of the Development Period. Upon expiration or termination of the Development Period, the rights of the Architectural Reviewer will automatically be transferred to the architectural control committee appointed by the Board.
Unofficial "Area of Common Responsibility" means those portions of a Structure, Dwelling, or Lot that are designated, from time to time, by this Declaration or the Association to be maintained, repaired, and replaced by the Association, as a common expense, as reflected in the Designation of Area of Common Responsibility and Maintenance Chart attached to this Declaration as Exhibit " "Assessment" or "Assessments" means all assessments imposed by the Association under this Declaration.
"Assessment Unit" has the meaning set forth in Section 8.9.2.
"Association" means MURPHY MEADOWS HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation, which has been created by the Declarant to exercise the authority and assume the powers specified in Article 6 and elsewhere in this Declaration. The failure of the Association to maintain its corporate charter from time to time does not affect the existence or legitimacy of the Association, which derives its authority from this Declaration, the Certificate, the Bylaws, and Applicable Law.
"Board" means the Board of Directors of the Association.
MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 "Bulk Purchaser” means a party designated in writing by the Declarant.
"Bulk Rate Contract" or "Bulk Rate Contracts" means one or more contracts which are entered into by the Association for the provision of utility services or other services of any kind
y the Declarant.
"Bulk Rate Contract" or "Bulk Rate Contracts" means one or more contracts which are entered into by the Association for the provision of utility services or other services of any kind or nature to the Lots. The services provided under Bulk Rate Contracts may include, without limitation, cable television services, telecommunications services, internet access services, "broadband" services, security services, trash pick-up services, propane service natural gas service, lawn maintenance services, wastewater services, and any other services of any kind or nature which are considered by the Board to be beneficial to all or a portion of the Property, the Common Area, or the Special Common Area. Each Bulk Rate Contract must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period.
"Bylaws" means the bylaws of the Association as adopted and as amended from time to time by a Majority of the Board.
"Certificate" means 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" means the City of Murphy, Texas Unofficial "Common Area" means any property and facilities that the Association owns or in which it otherwise holds rights or obligations, including any property or facilities held by the Declarant for the benefit of the Association or its Members. Property or facilities held by the Declarant for the benefit of the Association or its Members will expressly include any portion of the Property designated by Plat to be maintained by the Association and any area designated as "Open Space" on a Plat; provided, however, that Declarant reserves the right to designate such
portion of the Property designated by Plat to be maintained by the Association and any area designated as "Open Space" on a Plat; provided, however, that Declarant reserves the right to designate such areas as Special Common Area, as defined below. If requested by the Declarant, the Association will execute any instrument or document required by the City to evidence the Association's acceptance of all or any portion of the Property for maintenance. Declarant reserves the right, from time to time and at any time, to designate by written and Recorded instrument portions of the Property being held by the Declarant for the benefit of the Association. Upon the filing of such designation, the portion of the Property identified therein will be considered Common Area for the purpose of this Covenant. Common Area also includes any property that the Association holds under a lease, license, or any easement in favor of the Association. Some Common Area will be solely for the common use and enjoyment of the Owners, Residents, and their guests, tenants and invitees, while other portions of the Common Area may be for the use and enjoyment of the Owners, Residents, their guests, tenants and invitees, and members of the public.
"Community Manual" means the community manual, which may be initially adopted and Recorded by the Declarant as part of the initial project documentation for the benefit of the Association and the Property or otherwise adopted by a Majority of the Board. During the MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 Development Period, the Declarant may unilaterally amend, supplement, or modify the Community Manual. The Community Manual may include the Bylaws, Rules and other policies
IONS AND RESTRICTIONS Page 3 Development Period, the Declarant may unilaterally amend, supplement, or modify the Community Manual. The Community Manual may include the Bylaws, Rules and other policies governing the Association. The Rules and other policies set forth in the Community Manual may be amended, from time to time, by the Declarant during the Development Period. Any amendment to Bylaws, Rules and other policies governing the Association prosecuted by the Board must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period. Upon expiration or termination of the Development Period, the Community Manual may be amended by a Majority of the Board.
"Community Systems" means any and all cable television, telecommunications, alarm/monitoring, internet, telephone or other lines, conduits, wires, amplifiers, towers, antennae, satellite dishes, equipment, materials and installations and fixtures (including those based on, containing and serving future technological advances not now known), if installed by Declarant pursuant to any grant of easement or authority by Declarant of the Association within the Property.
official “Declarant” means MURPHY MEADOWS LOT VENTURE, LTD., a Texas limited partnership, its successors or assigns; provided that any assignment(s) of the rights of MURPHY MEADOWS LOT VENTURE, LTD a Texas limited partnership, as Declarant, must be expressly set forth in writing and Recorded. Notwithstanding any provision in this Declaration to the contrary, Declarant may, by Recorded written instrument, assign, in whole or in part, exclusively or non-exclusively, any of its privileges, exemptions, rights, reservations and duties under this Declaration to any person. Declarant may also, by Recorded written
n, in whole or in part, exclusively or non-exclusively, any of its privileges, exemptions, rights, reservations and duties under this Declaration to any person. Declarant may also, by Recorded written instrument, permit any other person to participate in whole, in part, exclusively or nonexclusively, in any of Declarant's privileges, exemptions, rights and duties under this Declaration.
The "Declarant" is the party who causes the Property to be developed for actual residential use. Declarant enjoys special rights and privileges to help protect its investment in the Property which are described in this Declaration.
Many of these rights do not terminate until either Declarant: (i) has conveyed all Lots which may be created out of the Property; or (ii) voluntarily terminates these rights by a Recorded written instrument. Declarant may also assign, in whole or in part, all or any of the Declarant's rights established under the terms and provisions of this Declaration to one or more thirdparties “Development Period” means the period of time beginning on the date when this Declaration has been Recorded and ending two (2) years after Declarant and its affiliates no longer owns all or any portion of the Property, unless earlier terminated by Declarant.
Declarant may terminate the Development Period by an instrument executed by Declarant and Recorded. The Development Period is the period in which Declarant reserves the right to MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 facilitate the development, construction, and marketing of the Property, and the right to direct the size, shape and composition of the Property.
"Dwelling" means the single family detached or townhome style residence located on a
nstruction, and marketing of the Property, and the right to direct the size, shape and composition of the Property.
"Dwelling" means the single family detached or townhome style residence located on a Lot, together with any garage incorporated therein, whether or not the Dwelling is occupied for residential purposes.
"Final Plat" means the final plat for the Subdivision as Recorded in Volume 2016 Page 539 of the Official Public Records of Collin County, Texas.
"Homebuilder" means an Owner (other than the Declarant) who acquires a Lot for the construction of a single family Dwelling for resale to a third party.
“Improvement” means all physical enhancements and alterations to the Property, including but not limited to grading, clearing, removal of trees, alteration of drainage flow, and site work, and every structure and all appurtenances of every type and kind, whether temporary or permanent in nature, including, but not limited to, buildings, outbuildings, Bulkheads, storage sheds, balconies, porches, patios, tennis courts, sport courts, recreational facilities, swimming pools, putting greens, garages driveways, parking areas and/or facilities, storage buildings, sidewalks, fences, gates, screening walls, retaining walls, stairs, decks, walkways, landscaping, alteration of drainage flow mailboxes, poles, signs, antennas, exterior air conditioning equipment or fixtures, exterior lighting fixtures, water softener fixtures or equipment, poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas electric, telephone, regular or cable television, or other utilities.
Unofficial "Lot" means any portion of the Property designated by Declarant or as shown as a
d in connection with water, sewer, gas electric, telephone, regular or cable television, or other utilities.
Unofficial "Lot" means any portion of the Property designated by Declarant or as shown as a subdivided Lot on a Plat other than Common Area or Special Common Area.
"Majority" means more than half, "Manager" has the meaning set forth in Section 6.5.8.
"Members" means every person or entity that holds membership privileges in the Association.
Mortgage" or "Mortgages" means any mortgage(s) or deed(s) of trust securing indebtedness and covering any Lot.
"Mortgagee" or "Mortgagees" means the holder(s) of any Mortgage(s).
"Owner" means the person(s), entity or entities, including Declarant, holding all or a portion of the fee simple interest in any Lot, but does not include the Mortgagee under a Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 lien of its Mortgage. Mortgagees who acquire title to a Lot through a deed in lieu of foreclosure or through foreclosure are Owners. Persons or entities having ownership interests merely as security for the performance of an obligation are not Owners. Every Owner is a Member of the Association.
"Owner Group" means an Owner and all Affiliates of such Owner.
"Person" means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership or other entity.
"Plat" means a Recorded subdivision plat of any portion of the Property, and any amendments thereto.
Property" means Murphy Meadows, a subdivision located in Collin County, Texas, according to the map or plat recorded or to be recorded in the Official Public Records of Collin
any amendments thereto.
Property" means Murphy Meadows, a subdivision located in Collin County, Texas, according to the map or plat recorded or to be recorded in the Official Public Records of Collin County, Texas, subject to such additions thereto and deletions therefrom as may be made pursuant to Section 15.3 and Section 15.4 of this Declaration.
official "RCLA" means the Residential Construction Liability Act, Chapter 27 of the Texas Property Code.
“Record, Recordation, Recorded, and Recording" means recorded or to be recorded in the Official Public Records of Collin County, Texas.
"Resident" means an occupant or tenant of a Lot, regardless of whether the person owns the Lot.
"Restrictions" means the restrictions, covenants, and conditions contained in this Declaration, the Design Guidelines, Bylaws, Community Manual, Rules and Regulations, or in any other rules and regulations promulgated by the Association pursuant to this Declaration, as adopted and amended from time to time. See Table 1 for a summary of the Restrictions.
"Rules" means any instrument, however denominated, which is adopted by the Board or the Declarant during the Development Period for the regulation and management of the Property the Common Area, or the Special Common Area, including any amendments to those instruments.
"Service Area" means a group of Lots designated as a separate Service Area pursuant to this Declaration for purpose of receiving benefits or services from the Association which are not provided to all Lots. A Service Area may be comprised of more than one type of use or structure and may include noncontiguous Lots. A Lot may be assigned to more than one Service Area. Service Area boundaries may be established and modified as provided in Section 3.4.
MURPHY MEADOWS
or structure and may include noncontiguous Lots. A Lot may be assigned to more than one Service Area. Service Area boundaries may be established and modified as provided in Section 3.4.
MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 "Service Area Assessments" means assessments levied against the Lots in a particular Service Area to fund Service Area Expenses, as described in Section 8.5.
“Service Area Expenses" means the estimated and actual expenses which the Association incurs or expects to incur for the benefit of Owners within a particular Service Area, which may include a reasonable reserve for capital repairs and replacements.
"Special Common Area" means any interest in real property or improvements which is designated by Declarant in this Declaration or in any written instrument Recorded by Declarant (which designation will be made in the sole and absolute discretion of Declarant) as Special Common Area which is assigned for the purpose of exclusive use and/or the obligation to pay Special Common Area Assessments attributable thereto, to one or more, but less than all of the Lots or Owners, and is or will be conveyed to the Association or as to which the Association will be granted rights or obligations, or otherwise held by the Declarant for the benefit of the Association. The Declaration or other written notice will identify the Lots of Owners assigned to such Special Common Area and further indicate whether the Special Common Area is assigned to such parties for the purpose of exclusive use and the payment of Special Common Area Assessments or only for the purpose of paying Special Common Area Assessments attributable thereto. By way of illustration and not limitation, Special Common Area might include such
pecial Common Area Assessments or only for the purpose of paying Special Common Area Assessments attributable thereto. By way of illustration and not limitation, Special Common Area might include such things as private drives and roads, entrance facilities and features, monumentation or signage, walkways or landscaping.
Unofficial "Special Common Area Expenses" means the estimated and actual expenses which the Association incurs or expects to incur to operate, maintain repair and replace Special Common Area, which may include a reasonable reserve for capital repairs and replacements.
"Special Common Area Assessments" means assessments levied against the Lots as described in Section 8.4.
"Solar Energy Device" means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
"Structure" means a building containing two (2) or more Dwellings that: (i) is located on two (2) or more adjacent Townhouse Lots; and (ii) has one (1) or more party walls separating the Dwellings comprising such building.
“Townhouse Lot” means Lots 1 through 8, Block A, Lots 1 through 15, Block B and Lots 1 through 6, Block C, of the Subdivision as set forth on the Final Plat.
MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 Declaration (Recorded) Certificate of Formation (Recorded) Bylaws (Recorded) Community Manual (Recorded) TABLE 1: RESTRICTIONS Design Guidelines (if adopted, Recorded) Rules (if adopted, Recorded) Creates obligations that are binding upon the
ation (Recorded) Bylaws (Recorded) Community Manual (Recorded) TABLE 1: RESTRICTIONS Design Guidelines (if adopted, Recorded) Rules (if adopted, Recorded) Creates obligations that are binding upon the Association and all present and future owners of Property.
Establishes the Association as a Texas nonprofit corporation.
Governs the Association's internal affairs, such as elections, meetings, etc.
Establishes rules and policies governing the Association.
Governs the design and architectural standards for the construction of Improvements and modifications thereto. The Declarant shall have no obligation to adopt the Design Guidelines.
Regulates the use of property, activities, and conduct within the Property, the Common Area, or the Special Common Area.
Board Resolutions (adopted by the Board of Establishes rules, policies, and procedures for the the Association) Property, Owners, and the Association.
Unofficial 2.1 EASEMENTS Owner's Easement of Enjoyment, Every Owner is granted a right and easement of enjoyment over the Common Area and to use of Improvements thereon, subject to other rights and easements contained in the Restrictions. An Owner who does not occupy a Dwelling delegates this right of enjoyment to the Residents of his Dwelling and is not entitled to use the Common Area.
2.2 Owner's Maintenance Easement. Each Owner is hereby granted an easement over and across any adjoining Dwelling, Lot, Common Area, or Special Common Area to the extent reasonably necessary to maintain or reconstruct such Owner's Dwelling, subject to the consent of the Owner of the adjoining Lot and Dwelling and the consent of the Board as provided below, or the consent of the Board in the case of Common Area or Special Common
Dwelling, subject to the consent of the Owner of the adjoining Lot and Dwelling and the consent of the Board as provided below, or the consent of the Board in the case of Common Area or Special Common Area, and provided that the Owner's use of the easement granted hereunder does not damage or materially interfere with the use of the adjoining Lot and/or Dwelling or Common Area or Special Common Area. Requests for entry into an adjoining Lot must be made to the Owner of such Lot in advance. The consent of the adjoining Lot Owner will not be unreasonably withheld; however, the adjoining Lot Owner may require that access to its Lot be limited to Monday through Friday, between the hours of 8 a.m. until 6 p.m., and then only in conjunction with actual maintenance or reconstruction activities. Access to the Common Area or Special Common Area for the purpose of maintaining or reconstructing any Dwelling must be made in advance to the Board. The consent of the Board will not be unreasonably withheld; however, MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 8 the Board may require that access to the Common Area or Special Common Area be limited to Monday through Friday, between the hours of 8 a.m. until 6 p.m., and then only in conjunction with actual maintenance or reconstruction activities. In addition, the Board may require that the Owner abide by additional reasonable rules with respect to use and protection of the Common Area or Special Common Area during any such maintenance or reconstruction. If an Owner damages an adjoining Dwelling or Common Area or Special Common Area in exercising the easement granted hereunder, the Owner will be required to restore the Dwelling
ance or reconstruction. If an Owner damages an adjoining Dwelling or Common Area or Special Common Area in exercising the easement granted hereunder, the Owner will be required to restore the Dwelling or Common Area or Special Common Area to the condition which existed prior to any such damage, at such Owner's expense, within a reasonable period of time not to exceed thirty (30) days after the date the Owner is notified in writing of the damage by the Association or the Owner of the damaged Dwelling.
Notwithstanding the foregoing, no Owner shall perform any work to any portion of his Dwelling or Lot if the work requires access to, over or through the Common Area or Special Common Area or other Lots and/or Dwellings without the prior consent of the Architectural Reviewer except in case of an emergency. All such work may only be performed by a person who shall deliver to the Architectural Reviewer prior to commencement of such work, in form satisfactory to the Board: (i) releases of the Board the Architectural Reviewer, and the Association for all daims that such person may assert in connection with such work; official Unoi 2.3 (ii) indemnities of the Board, the Architectural Reviewer, and the Association, holding each and all of them harmless from and against any claims asserted for loss or damage to persons or property, including, but not limited to, Common Area, Special Common Area, or other Lots and Dwellings; (ii) certificates of insurance, including liability and workmen's compensation coverage, in amounts and with companies reasonably acceptable to the Board; and all other information and assurances which the Board may reasonably require.
Owner's Ingress/Egress Easement. Each Owner is hereby granted a perpetual
companies reasonably acceptable to the Board; and all other information and assurances which the Board may reasonably require.
Owner's Ingress/Egress Easement. Each Owner is hereby granted a perpetual easement over the Property, including the Lots (but excluding any portion of the Lot enclosed by a private fence installed by the Declarant or approved by the Architectural Reviewer creating a private yard space for the Lot Owner), as may be reasonably required, for ingress to and egress from his Dwelling, but subject to any Rules and regulations adopted from time to time by the Board.
MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 2.4 Owner's Encroachment Easement. Every Owner of a Townhouse Lot is granted an easement for the existence and continuance of any encroachment by his Dwelling on any adjoining Townhouse Lot, the Dwelling on such adjoining Townhouse Lot, Common Area, or Special Common Area now existing or which may come into existence hereafter, as a result of construction, repair, shifting, settlement, or movement of any portion of a Dwelling constructed on a Townhouse Lot, or as a result of condemnation or eminent domain proceedings, so that the encroachment may remain undisturbed so long as the improvement stands.
2.5 Easement Of Cooperative Support. Each Owner of a Townhouse Lot is granted an easement of cooperative support over each adjoining Townhouse Lot and the Dwelling constructed on such adjoining Townhouse Lot as needed for the common benefit of the Property, or for the benefit of Dwellings in a Structure, or Dwellings on such adjoining Townhouse Lots that share any aspect of the Property that requires cooperation. By accepting an interest in or title to a Townhouse Lot, each Owner: (i) acknowledges the necessity for
n such adjoining Townhouse Lots that share any aspect of the Property that requires cooperation. By accepting an interest in or title to a Townhouse Lot, each Owner: (i) acknowledges the necessity for cooperation in a townhome; (ii) agrees to try to be responsive and civil in communications pertaining to the Property and to the Association; (iii) agrees to provide access to his Dwelling and Townhouse Lot when needed by the Association to fulfill its duties, and (Iv) agrees to try refraining from actions that interfere with the Association's maintenance and operation of the Property.
Unofficial 2.6 Association's Access, Maintenance and Landscape Easement. Each Owner, by accepting an interest in or title to a Lot whether or not it is so expressed in the instrument of conveyance, grants to the Association an easement of access, maintenance and entry over, across, under, and through the Property, including without limitation, each Lot and each Dwelling and all Improvements thereon for the following purposes: to perform inspections and/or maintenance that is permitted or required of the Association by the Restrictions or by Applicable to perform maintenance that is permitted or required of the Owner by the Restrictions or by Applicable Law, if the Owner fails or refuses to perform such maintenance; to perform maintenance and repair, and to regulate use of all private streets, alleys, and driveways located within the Property; (iv) to enforce the Restrictions; (v) (vi) to exercise self-help remedies permitted by the Restrictions or by Applicable Law; to respond to emergencies; MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 (vii) (viii) (ix) to maintain landscaping and make, erect or install non-structural
licable Law; to respond to emergencies; MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 (vii) (viii) (ix) to maintain landscaping and make, erect or install non-structural improvements (such as fences, irrigation systems, lighting systems, walking or biking paths, and the like) in or on those portions of each Owner's Lot.
to grant easements to utility providers as may be necessary to install, maintain, and inspect utilities serving any portion of the Property; and to perform any and all functions or duties of the Association as permitted or required by the Restrictions or by Applicable Law.
2.7 Utility Easement. Declarant hereby establishes and reserves: (i) a non-exclusive easement over and across each open space, landscape or recreational lot within the Property for public and private utilities necessary or required to serve the Property or the individual Dwellings located thereon; (ii) a non-exclusive electric utility easement over and across each Lot to the extent necessary or required to provide utility service to Dwellings; provided, however, that such easement will not unreasonably interfere with the use of any Dwelling for residential purposes; and (iii) an easement on the exterior elevation of each Dwelling (including necessary penetrations into the Dwelling) for the purpose of installation, maintenance, repair and operation of meters, panels, lines and related facilities or appurtenances necessary or required to provide electric service to each Dwelling. In addition, Declarant, during the Development Period, and the Board thereafter, may grant further easements over and across the Dwellings, Lots, Common Areas, or Special Common Area to the extent necessary or required to provide
g the Development Period, and the Board thereafter, may grant further easements over and across the Dwellings, Lots, Common Areas, or Special Common Area to the extent necessary or required to provide utilities to Dwellings and/or Lots, provided, however, that such easements will not unreasonably interfere with the use of any Dwelling for residential purposes. A company or entity, public or private, furnishing utility service to the Property, is granted an easement over the Property, including the Dwellings and Lots, for ingress, egress, meter reading, installation, maintenance, repair, or replacement of utility lines and equipment, and to do anything else necessary to properly maintain and furnish utility service to the Property. Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, telephone, electronic communications and internet, cable television, and security. The exercise of the easements reserved pursuant to this Section 2.7 will not extend to permitting entry into any Dwelling, nor will it unreasonably interfere with the use of any Lot or Dwelling.
28 Private Utility Lines. Utility lines from each meter located on a Dwelling that exclusively serve a Dwelling are private utility lines (each a "Private Utility Line" and collectively, the "Private Utility Lines") that the Owner of the Dwelling is required to maintain, repair and replace, if necessary. Neither the Association, the Declarant, nor the utility company providing utility services will maintain, repair or replace Private Utility Lines. EACH OWNER IS ADVISED THAT THE PRIVATE UTILITY LINES ARE LOCATED IN THE YARD AREA OF THE LOTS ON WHICH A DWELLING HAS BEEN ERECTED MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 11
NER IS ADVISED THAT THE PRIVATE UTILITY LINES ARE LOCATED IN THE YARD AREA OF THE LOTS ON WHICH A DWELLING HAS BEEN ERECTED MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 AND THE UTILITY LINES SERVING MORE THAN ONE DWELLING MAY BE LOCATED ON ANOTHER OWNER'S LOT. PRIOR TO DIGGING ON THE OWNER'S LOT, THE OWNER MUST DETERMINE THE LOCATION OF UTILITY LINES. FAILURE TO LOCATE UTILITY LINES BEFORE DIGGING MAY CAUSE SERIOUS INJURY TO PERSON OR PROPERTY. CALL 811 AT LEAST 48 HOURS BEFORE YOU DIG. SEE WWW.TEXAS811.ORG FOR FURTHER INFORMATION.
EACH OWNER AND RESIDENT HEREBY RELEASES AND HOLDS HARMLESS THE DECLARANT AND THE ASSOCIATION, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILNY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF AN OWNER'S FAILURE MAINTAIN, REPAIR OR REPLACE A PRIVATE UTILITY LINE OR FAILURE TO TAKE THE PROPER PRECAUTIONS AND DETERMINE THE LOGATION OF ALL PRIVATE UTILITY LINES AT PRIOR TO DIGGING ON SUCH OWNER'S LOT.
Unofficia Each Owner is hereby granted an easement over and across the yard space of each Lot with a Private Utility Line that exclusively serves such Owner's Dwelling to the extent reasonably necessary to maintain, repair and replace the Private Utility Line serving such Owner's Dwelling, subject (except in the case of an emergency threatening life or property) to the consent of the Owners of the Lots on which such Private Utility Line is located, and provided that the Owner's use of the easement granted hereunder does not damage or materially interfere with the use of the Lots or Dwellings Requests for entry into Lots subject to the easement granted herein must be made to the Owner of such Lot in advance. The consent of
amage or materially interfere with the use of the Lots or Dwellings Requests for entry into Lots subject to the easement granted herein must be made to the Owner of such Lot in advance. The consent of the Lot Owner will not be unreasonably withheld, however, the Lot Owner may require that access to its Lot be limited to Monday through Friday, between the hours of 8 a.m. until 6 p.m., and then only in conjunction with actual maintenance, repair or replacement activities. If an Owner damages a Dwelling or Lot in exercising the easement granted hereunder, the Owner will be required to restore the Dwelling or Lot to the condition which existed prior to any such damage, at such Owner's expense within a reasonable period of time not to exceed thirty (30) days after the date the Owner is notified in writing of the damage by the Owner of the damaged Dwelling of Lot.
Party Walls. common wall located on or near the dividing line between two (2) Lots and intended to benefit both Lots constitutes a "Party Wall" and, to the extent not inconsistent with the provisions of this Section 2.9, is subject to the general rules of law regarding party walls and liability for property damage due to negligence, willful acts, or omissions.
2.9.1 Encroachments & Easement. If the Party Wall is on one Lot due to an error in construction, the Party Wall is nevertheless deemed to be on the dividing line for purposes of this Section 2.9. Each Lot sharing a Party Wall is subject to an easement for the existence and continuance of any encroachment by the Party Wall as a result of MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 construction, repair, shifting, settlement, or movement in any portion of the Party Wall,
by the Party Wall as a result of MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 construction, repair, shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment may remain undisturbed as long as the Party Wall stands.
Each Lot is subject to a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.
2.9.2 Right to Repair. If the Party Wall is damaged or destroyed from any cause, the Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the Owners of both Lots, their successors and assigns, have the right to the full use of the repaired or rebuilt Party Wall. No Party Wall may be constructed, repaired, or rebuilt without the advance written approval of the Architectural Reviewer in accordance with Article 11 of this Declaration.
2.9.3 Maintenance Costs. The Owners of the adjoining Lots share equally the costs of repair, reconstruction, or replacement of the Party Wall subject to the right of one Owner to call for larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions. If an Owner is responsible for damage to or destruction of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement of the Party Wall the Owner advancing monies has a right to file a claim of lien for the monies advanced in the Official Public Records of Collin County, Texas, and has the right to foreclose the lien as if it were a mechanic's lien. The right of an Owner to require contribution front another Owner under this Section is appurtenant
ds of Collin County, Texas, and has the right to foreclose the lien as if it were a mechanic's lien. The right of an Owner to require contribution front another Owner under this Section is appurtenant to the Lot and passes to the Owner's successors in title.
Unofficial 2.9.4 Alterations. The Owner of a Lot sharing a Party Wall may not cut openings in the Party Wall or alter on change the Party Wall in any manner that affects the use, condition, or appearance of the Party Wall to the adjoining Lot or Dwelling. The Party Wall will always remain in the same location as when erected unless otherwise approved by the Owner of each Lot sharing the Party Wall and the Architectural Reviewer.
2.9.5 Dispute Resolution. In the event of any dispute arising concerning a Party Wall, or under the provisions of this Section (the "Dispute"), the parties shall submit the Dispute to mediation. Should the parties be unable to agree on a mediator within ten (10) days after written request therefore by the Board, the Board shall appoint a mediator If the Dispute is not resolved by mediation, the Dispute shall be resolved by binding arbitration. Either party may initiate the arbitration. Should the parties be unable to agree on an arbitrator within ten (10) days after written request therefore by the Board, the Board shall appoint an arbitrator. The decision of the arbitrator shall be binding upon the parties and shall be in lieu of any right of legal action that either party may have against the other. In the event an Owner fails to properly and on a timely basis (both standards to be determined by the Board in the Board's sole and absolute discretion) implement the decision of the mediator or arbitrator, as applicable, the Board MURPHY MEADOWS
a timely basis (both standards to be determined by the Board in the Board's sole and absolute discretion) implement the decision of the mediator or arbitrator, as applicable, the Board MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 may implement said mediator's or arbitrator's decision, as applicable. If the Board implements the mediator's or arbitrator's decision on behalf of an Owner, the Owner otherwise responsible therefor will be personally liable to the Association for the cost of implementing the decision and all costs and expenses incurred by the Association in conjunction therewith. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) will be assessed against and chargeable to the Owner's Lot(s). Any such amounts assessed and changeable against a Lot hereunder will be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s).
Unofficial 2.10 Easement to Inspect and Right To Correct. For a period of ten (10) years after the expiration of the Development Period, Declarant reserves for itself and for Declarant's architect, engineer, other design professionals, builder, and general contractor the right, but not the duty, to inspect, monitor, test, redesign, correct, and relocate any Improvement, Dwelling or condition that may exist on any portion of the Property, and a perpetual nonexclusive easement
but not the duty, to inspect, monitor, test, redesign, correct, and relocate any Improvement, Dwelling or condition that may exist on any portion of the Property, and a perpetual nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise this right.
Declarant will promptly repair, at its sole xpense, any damage resulting from the exercise of this right. By way of illustration but not limitation, relocation of a retaining wall may be warranted by a change of circumstance, imprecise siting of the original wall, or desire to comply more fully with Applicable Law. This Section may not be construed to create a duty for Declarant, and may not be amended without Declarant's written and acknowledged consent. In support of this reservation, each Owner, by accepting an interest in or title to a Lot, hereby grants to Declarant an easement of access and entry over, across, under, and through the Property, including without limitation, each Lot and Dwelling, and all Improvements thereon for the purposes contained in this Section, Fire Safety No person may use, misuse, cover, disconnect, tamper with, or modify the fire and safety equipment of the Property, Common Area, or Special Common Area, or interfere with the maintenance and/or testing of same by persons authorized by the Association or by public officials.
ARTICLE 3 GENERAL AND USE RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 3.1 General.
MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 3.1.1 Conditions and Restrictions. All Lots within the Property will be owned, held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
TS, CONDITIONS AND RESTRICTIONS Page 14 3.1.1 Conditions and Restrictions. All Lots within the Property will be owned, held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
NOTICE The Restrictions are subject to change from time to time. By owning or occupying a Lot, you agree to remain in compliance with the Restrictions, as they may change from time to time.
3.1.2 Ordinances. Ordinances and requirements imposed by local governmental authorities are applicable to all Lots within the Property. Compliance with the Restrictions is not a substitute for compliance with Applicable Law. Please be advised that the Restrictions do not purport to list or describe each restriction or ordinance or regulation which may be applicable to a Lot located within the Property.
Each Owner is advised to review all Applicable Law, requirements regulations and encumbrances affecting the use and improvement of their Lot prior to submitting plans to the Architectural Reviewer for approval. Furthermore, approval by the Architectural Reviewer should not be construed by the Owner that any Improvement complies with the terms and provisions of any Applicable Law, requirements, regulations, or encumbrances which may affect the Owner's Lot The Association, each Owner, Resident, or other user of any portion of the Property must comply with the Restrictions and Applicable Law, as supplemented, modified or amended from time to time. Certain encumbrances may benefit parties whose interests are not addressed by the Architectural Reviewer.
3.2 Conceptual Plans. All master plans, site plans, brochures, illustrations, information and marketing materials relating to the Property, the Common Area, or the Special
the Architectural Reviewer.
3.2 Conceptual Plans. All master plans, site plans, brochures, illustrations, information and marketing materials relating to the Property, the Common Area, or the Special Common Area (collectively, the "Conceptual Plans") are conceptual in nature and are intended to be used for illustrative purposes only. The land uses and Improvements reflected on the Conceptual Plans are subject to change at any time and from time to time, and it is expressly agreed and understood that land uses within the Property, the Common Area, or the Special Common Area may include uses which are not shown on the Conceptual Plans. Neither Declarant nor any Nomebuilder or other developer of any portion of the Property, the Common Area or the Special Common Area makes any representation or warranty concerning such land uses and Improvements shown on the Conceptual Plans or otherwise planned for the Property, the Common Area, or the Special Common Area and it is expressly agreed and understood that no Owner will be entitled to rely upon the Conceptual Plans or any statement made by the Declarant or any of Declarant's representatives regarding proposed land uses, proposed or planned Improvements in making the decision to purchase any land or Improvements within the Property. Each Owner who acquires a Lot within the Property acknowledges that development of the Property, the Common Area, or the Special Common Area will likely extend over many years, and agrees that such Owner and the Association will not engage in, or use Association funds to support, protest, challenge, or make any other form of objection to MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15
ciation will not engage in, or use Association funds to support, protest, challenge, or make any other form of objection to MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 development of the Property, the Common Area, or the Special Common Area or changes in the Conceptual Plans as they may be amended or modified from time to time.
3.3 Single-Family Residential Use. The Lots shall be used solely for private single family residential purposes. The Lots may not be used for any other purposes without the prior written consent of the Declarant, which consent may be withheld by the Declarant in its sole and absolute discretion.
No professional, business, or commercial activity to which the general public is invited shall be conducted on any portion of a Lot, except an Owner or Resident may conduct business activities within a Dwelling so long as: (i) such activity complies with all Applicable Law; (ii) participation in the business activity is limited to the Owner(s) or Resident(s) of a Dwelling, (iii) the existence or operation of the business activity is not apparent or detectable by sight, i.e., no sign may be erected advertising the business within the Property, sound, or smell from outside the Dwelling; (iv) the business activity does not involve door-to-door solicitation of residents within the Property; (v) the business does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles parked within the Property which is noticeably greater than that which is typical of Dwellings in which no business activity is being conducted; (vi) the business activity is consistent with the residential character of the
rty which is noticeably greater than that which is typical of Dwellings in which no business activity is being conducted; (vi) the business activity is consistent with the residential character of the Property and does not constitute a nuisance for a hazardous or offensive use, or threaten the security or safety of other Residents within the Property as may be determined in the sole discretion of the Board; and (vii) the business does not require the installation of any machinery other than that customary to normal household operations. In addition, for the purpose of obtaining any business or commercial license, neither the Dwelling nor the Lot will be considered open to the public. The terms "business" and "trade", as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (x) such activity is engaged in full or part-time; (y) such activity is intended to or does generate a profit; or (2) a license is required.
Leasing of a Dwelling shall not be considered a business or trade within the meaning of this subsection. This subsection shall not apply to any activity conducted by the Declarant or a Homebuilder.
Notwithstanding any provision in this Declaration to the contrary, until the expiration of the Development Period: (i) Declarant and/or its licensees may construct and maintain upon portions of the Common Area, the Special Common Area, any Lot, or any portion of the Property owned by the Declarant, such
nt Period: (i) Declarant and/or its licensees may construct and maintain upon portions of the Common Area, the Special Common Area, any Lot, or any portion of the Property owned by the Declarant, such facilities and may conduct such activities, which, in Declarant's MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 3.4 (ii) sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of single family Dwellings or other Improvements constructed upon the Lots, including, but not limited to, business offices, signs, model homes, and sales offices.
Declarant and/or its licensees shall have an easement over and across the Common Area and the Special Common Area for access and use of such facilities at no charge; and the Declarant and/or its licensees will have an access easement over and across the Common Area and the Special Common Area for purpose of making, constructing and installing Improvements upon the Common Area and the Special Common Area.
Provision of Benefits and Services to Service Areas.
Unofficial 3.4.1 Designation by Declarant. Declarant, in any Recorded written notice, may assign Lots to one or more Service Areas (by name or other identifying designation) as it deems appropriate, which Service Areas may be then existing or newly created, and may require that the Association provide benefits or services to such Lots in addition to those which the Association generally provides to the Property. Declarant may unilaterally amend any Recorded written notice to re-designate Service Area boundaries. All costs associated with the provision of services or benefits to a Service Area will be assessed against the Lets within the Service Area as a Service Area
e to re-designate Service Area boundaries. All costs associated with the provision of services or benefits to a Service Area will be assessed against the Lets within the Service Area as a Service Area Assessment. Notwithstanding the foregoing or any provision contained in this Declaration to the contrary: (i) the Townhouse Lots shall for all purposes and at all times constitute a Service Area for purposes of allocating the costs and expenses incurred by the Association and levying Service Area Assessments in connection with the Area of Common Responsibility, (ii) all costs and expenses incurred by the Association in connection with all aspects of the Area of Common Responsibility shall constitute Service Area Expenses which shall be allocated solely to the Townhouse Lots; and (iii) the provisions of this sentence may not be modified or amended without unanimous consent of the Owners of all Lots.
Petition by Owners. In addition to Service Areas which Declarant may designate, any group of Owners may petition the Board to designate their Lots as a Service Area for the purpose of receiving from the Association: (i) special benefits or services which are not provided to all Lots; or (ii) a higher level of service than the Association otherwise provides. Upon receipt of a petition signed by Owners of a Majority of the Lots within the proposed Service Area, the Board will investigate the terms upon which the requested benefits or services might be provided and notify the Owners in the proposed Service Area of such terms and associated expenses, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge will apply at a uniform rate per MURPHY MEADOWS
d expenses, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge will apply at a uniform rate per MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 Lot among all Service Areas receiving the same service). Notwithstanding the foregoing, until expiration or termination of the Development Period, the Declarant shall have the right to withhold its consent for any petition to designate Lots as a Service Area in Declarant's sole and absolute discretion. If approved by the Board, the Declarant during the Development Period, and the Owners of at least sixty-seven percent (67%) of the total number of votes held by all Lots within the proposed Service Area, the Association will provide the requested benefits or services on the terms set forth in the proposal or in a manner otherwise acceptable to the Board. The cost and administrative charges associated with such benefits or services will be assessed against the Lots within such Service Area as a Service Area Assessment.
3.4.3 The Association may, from time to time, include additional components of Improvements or Lots or remove components of Improvements or Lots from a Service Area; however, unless otherwise approved by the Declarant during the Development Period, in no event may the Association at any time remove from any Service Area components of any Improvements or Lots previously designated as a Service Area under this Declaration. During the Development Period, any addition to a Service Area must also be approved by the Declarant. After expiration or termination of the Development Period, any addition or removal of components of improvements or Lots
Period, any addition to a Service Area must also be approved by the Declarant. After expiration or termination of the Development Period, any addition or removal of components of improvements or Lots must be approved by two-thirds (2/3) of the total number of votes held by all Lots within a Service Area. During the Development Period, the Service Area may be modified or amended by the Declarant, acting alone. Any modification or amendment to the Service Area must be recorded in the Official Public Records of Collin County, Texas.
3.5 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that: (i) all rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the entire Lot) may be rented. In addition, it is contemplated that the Dwellings constructed in the Subdivision shall primarily be Owner occupied. Consequently, no Owner or member of any Owner Group may directly or indirectly lease or rent more than one Dwelling in the Subdivision to any person other than another member of such Owner Group without the consent of the Declarant during the Development Period, or the consent of the Association after the Development Period has ended. All leases shall be in writing. The Owner must provide to its lessee copies of the Restrictions. Notice of any lease, together with such additional information as may be required by the Board, will be remitted to the Association by the Owner on or before the expiration of ten (10) days after the effective date of the lease. Each lease must provide, or be deemed to provide, that the Board shall have the right to terminate the lease
e Owner on or before the expiration of ten (10) days after the effective date of the lease. Each lease must provide, or be deemed to provide, that the Board shall have the right to terminate the lease upon default by the tenant in observing any provisions of the Restrictions. Regardless of whether or not expressed in the applicable lease, all Owners shall be jointly and severally liable with the tenants of such Lot to the Association for any amount which is required by the Association to effect such repairs or to pay any claim for any injury or damage to property caused by the negligence of the tenant of such Lot or for the acts or omissions of the tenant(s) of MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 18 such Lot which constitute a violation of, or non-compliance with, the provisions of the Restrictions. All leases shall comply with and be subject to the provisions of the Restrictions and the provisions of same shall be deemed expressly incorporated into any lease of a Lot. This Section 3.5 shall also apply to assignments and renewals of leases.
3.6 Subdividing / Combining Lots. No Lot shall be combined, further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Reviewer; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements or other interests less than the whole all without the approval of the Architectural Reviewer. No Owner shall initiate or support any proposed zoning change affecting the Property or any portion thereof without first obtaining
an the whole all without the approval of the Architectural Reviewer. No Owner shall initiate or support any 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 Architectural Reviewer.
3.7 Hazardous Activities. No activities may be conducted on or within the Property and no Improvements may be constructed on or within 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, or drones) except for medical emergencies.
3.8 Unofficial Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of casualty or liability insurance or cause the cancellation of any such insurance on the Common Area or Special Common Area, or the Improvements located thereon, without the prior written approval of the Board.
3.9 Mining and Drilling. No portion of the Property, the Common Area, or the Special Common Area may be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones,
Area, or the Special Common Area may be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This provision will not be construed to prevent the excavation of rocks, stones, sand, gravel, aggregate, or earth or the storage of such material for use as fill provided that such activities are conducted in conjunction with the construction of Improvements and/or the development of the Property, the Common Area, or the Special Common Area by the Declarant.
3.10 Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any portion of the Property. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 19 Property or to its Residents. Without limiting the generality of the foregoing, if any noise or nuisance emanates from any Improvement on any Lot, the Association may (but shall not be obligated to) enter any such Improvement and take such reasonable actions necessary to terminate such noise (including silencing any burglar or break-in alarm).
3.11 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 Dwelling, and no awnings,
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 Dwelling, and no awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant) shall be affixed or placed upon the exterior walls or roofs of Dwellings, or any part thereof, nor relocated or extended, without the prior written consent of the Architectural Reviewer.
Window air conditioners are prohibited.
ficial 3.12 Animals Household Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on or within the Property (as used in this paragraph, the term "domestic household pet" shall not mean or include non traditional pets such ferrets, potbellied pigs, miniature horses, goats, exotic snakes or lizards, monkeys, chickens or other exotic animals). The Board may conclusively determine, in its sole discretion, whether a particular pet is a domestic household pet within the ordinary meaning and interpretation of such words. No Owner may keep more than two (2) cats and dogs, in the aggregate, unless otherwise approved by the Board. No animal may be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than within the Owner's Dwelling, or the fenced yard space associated therewith, unless confined to a leash.
The Association may restrict pets to certain areas on the Property. No animal may be stabled,
an within the Owner's Dwelling, or the fenced yard space associated therewith, unless confined to a leash.
The Association may restrict pets to certain areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration within the Property, and no kennels or breeding operation will be allowed. No animal may be allowed to run at large, and all animals must be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No pet may be left unattended in yards, porches or other outside area. All pet waste will be removed and appropriately disposed of by the owner of the pet. All pets must be registered, licensed and vaccinated as required by Applicable Law. I in the opinion of the Board, any pet becomes a source of unreasonable annoyance 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.
to 3.13 Rubbish and Debris. No rubbish or debris of any kind may be placed or permitted to accumulate on or within the Property, and no odors will be permitted to arise therefrom so as to render all or any portion of the Property unsanitary, unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and trash must be kept at all times in covered containers, and such containers must be kept within enclosed portions of the Dwelling constructed on a Lot or appropriately screened from view, except that such containers Page 20 MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS may be placed in the designated pick up location on the day of collection only. Each Owner
iew, except that such containers Page 20 MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS may be placed in the designated pick up location on the day of collection only. Each Owner will contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity or the Association.
3.14 Maintenance. Subject to the maintenance responsibilities assigned to the Association pursuant to Article 9, the Owners of each Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep their Lot and all Improvements thereon, and the landscaping between the boundary of such Owner's Lot and the curb of any adjacent right of way, street or alley (unless the responsibility for maintain such areas between the boundary of the Lot and the curb is performed by the Association) in good condition and repair and in a well-maintained, safe, clean and attractive condition at all times. The Board, its sole discretion, shall determine whether a violation of the maintenance obligations set forth in this Section 3.14 has occurred. Such maintenance includes, but is not limited to the following, which shall be performed in a timely manner, as determined by the Board in its sole discretion: Prompt removal of all litter, trash, refuse, and wastes.
(i) (ii) (iii) (iv) Lawn mowing.
Unofficial (v) Keeping exterior lighting and mechanical facilities in working Keeping lawn and garden areas alive, free of weeds, and attractive.
Keeping planting beds free of turf grass.
(vii) Keeping sidewalks and driveways in good repair.
(ix) Complying with Applicable Law.
Repainting of Improvements.
Repair of exterior damage, and wear and tear to Improvements.
free of turf grass.
(vii) Keeping sidewalks and driveways in good repair.
(ix) Complying with Applicable Law.
Repainting of Improvements.
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 exceeding six (6) inches in height, the Association shall have the authority and right to access such Lot, or direct a third (3rd) party service to access such Lot, for the purpose of mowing and cleaning such Lot, and shall have the authority and right to assess an Individual MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 21 Assessment against the Owner of such Lot for the reasonable costs incurred in connection with such mowing or cleaning.
3.15 Trash Containers. Trash containers and recycling bins must be stored in one of the following locations: (i) inside the garage of the single-family Dwelling constructed on the Lot; or (ii) behind the single-family Dwelling or fence constructed on the Lot in such a manner that the trash container and recycling bin is not visible from any street, alley, or adjacent Lot.
The Board shall have the right to specify additional locations on each Owner's Lot in which trash containers or recycling bins must be stored.
3.16 Antenna. Except as expressly provided below, no exterior radio or television antenna or aerial or satellite dish or disc, shall be erected, maintained, or placed on a Lot without the prior written approval of the Architectural Reviewer, provided, however, that: (i) an antenna designed to receive direct broadcast services, Unofficial including direct-to-home satellite services, that is one meter or less in diameter; or (ii) an antenna designed to receive video programming services via
receive direct broadcast services, Unofficial including direct-to-home satellite services, that is one meter or less in diameter; or (ii) an antenna designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; or an antenna that is designed to receive television or radio broadcast signals; (collectively, (i) through (iii) are referred to herein as the "Permitted Antennas") will be permitted subject to reasonable requirements as to location and screening as may be set forth in rules adopted by the Architectural Reviewer, consistent with Applicable Law, in order to minimize obtrusiveness as viewed from streets and adjacent property. Declarant and/or the Association will ha have the right, but not the obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna, cable, or other communication system for the benefit of all or any portion of the Property.
3.17 Location of Permitted Antennas. A Permitted Antenna may be installed solely on the Owner's Lot and shall not encroach upon any street, easements, setbacks, Common Area, Special Common Area, or any other portion of the Property. A Permitted Antenna shall be MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 installed in a location on the Lot from which an acceptable quality signal can be obtained and where least visible from the street and the Property, other than the Lot.In order of preference, the locations of a Permitted Antenna which will be considered least visible by the Architectural Reviewer are as follows: (ii)
m the street and the Property, other than the Lot.In order of preference, the locations of a Permitted Antenna which will be considered least visible by the Architectural Reviewer are as follows: (ii) Attached to the back of the principal single-family Dwelling constructed on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street; then Attached to the side of the principal constructed on the Lot, with no part of the higher than the lowest point of the view of adjacent Lots and the street.
ncial The Architectural Reviewer may, from time to the rules regarding installation and placement of Permitted Antennas.
3.18 Signs. Unless otherwise of any kind may be displayed to the public view on any Lot without the prior written approval of the Architectural Reviewer, except for: (i) (ii) (iv) (v) signs which are permitted pursuant to any Architectural Reviewer guidelines for Rules signs which are part of Declarant's or Homebuilder's overall marketing, sale or construction plans or activities for the one (temporary "For Sale" sign placed on the Lot. The sign must be professionally made and shall be limited to a maximum face area of five (5) square feet on each visible side and, if free standing, is mounted on a single or frame post. The overall height of the sign from the finished grade of the Lot at the spot where the sign is located may not exceed four (4) feet. The sign must be removed within two (2) business days following the sale or lease of the Lot; permits as may be required by legal proceedings or a governmental entity; political signs may be erected provided the sign: (a) is erected no earlier than the 90th day before the date of the election to which the
ay be required by legal proceedings or a governmental entity; political signs may be erected provided the sign: (a) is erected no earlier than the 90th day before the date of the election to which the sign relates; (b) is removed no later than the 10th day after the date MURPHY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 23