2022 - 17346 05/17/2022 01:33 PM Page 1 of 32 THIRR AMENDED AND RESTATED DECLA ON OF COVENANTS, CONDITI{ Or “Or oo AND RESTRICTIONS FOR oo PRAIRIE TIMBER ESTATES STATE OF TEXAS § § KNOW BY ALL THESE PRESENT: COUNTY OF JOHNSON § oo This Third Amended and Restated Declaration of Covenants, Conditions and Restrictions for Prairie Timber Estates is effective January 12, 2022, by Prairie Timber Estates Homeowners Association, Inc., a Texas nonprofit corporation (hereafter referred to as the “Association”), WITNESSETH: WHEREAS, moe. (as defined in Section 1.2) is the initial developer of the ade known as Prairie NG tates; CG° 2 ation ged Re , Declarant has established a property owners association ee roperty, 1 W kno? airie Timber Estates Homeowners Association, Inc., a Texas n Gy t corporation; WHEREAS, Declarant has caused to be incorporated, under the laws of the State of Texas, the Association, which is a non-profit corporation for the purpose of affecting the intents and objectives herein set forth; WHEREAS, Declarant previously filed a Declaration of Covenants, Conditions and Restrictions for Prairie Timber Estates, which was filed in the real property records of Johnson County, Texas, at Document Number 024616, Volume 438, Page 0621; WHEREAS, an Amended and Restated Declaration of Covenants, Conditions and Restrictions for Prairie Timber Estates was filed in the real property records of Johnson County, Texas, at Document Number 2014-11100; WHEREAS, on or about May 15, 2015, Declarant assigned its rights as declarant to Shipman Enterprises, LLC (“Successor Declarant’), and an Assignment of Declarant’s Rights was recorded as Instr Number 2015-10353 in the real property records of Johnson causes Texas on May 19 a0 ; ~oN ONO NO Kur ge yo” yo”
C (“Successor Declarant’), and an Assignment of Declarant’s Rights was recorded as Instr Number 2015-10353 in the real property records of Johnson causes Texas on May 19 a0 ; ~oN ONO NO Kur ge yo” yo” Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 1 of 31 2022 - 17346 05/17/2022 01:33 PM Page 2 of 32 WHEREAS, a Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Prairie ge Estates was filed in the real property records of Johnson “Ee Texas, at Poe er 2018-8550; \G cre se Successor Declarant no longer owns any lots; the Associati Wwe no longer in cyr KYOXtopm ment period” as defined by Section 209.002(4-a) of the Teg Property Code; and ra Association has transitioned from developer-controlled to owner-controlled; WHEREAS, on September 27, 2021, Successor Declarant’s representative, David Shipman, Jr., resigned his positions on the Board and the Architectural Control Committee of the Association; WHEREAS, on October 29, 2021, the Board called an annual meeting of the Association by delivering the required notice to all Owners in the Association for the purpose of a vote, amongst other purposes, to amend the Declaration and Bylaws; WHEREAS, the meeting was held on November 16, 2021, but a quorum was not met; accordingly, as provided by Section 2.02(b) of the Bylaws, a second meeting was held on January 12, 2022, and a quorum was met; WHEREAS, durin ox meeting, Brant Stovall, an Owner and Board member, called fo SON a vote on the rosea ents to the Declaration and Bylaws, and the amendments vo?
we the Association hereby desires to add Article V (previou 4 | in the Byla Declaration and amend Sections 1.2, 2.1(a), 3.3(a)(1), 3.3( (8), and 3.4(1)
e Declaration and Bylaws, and the amendments vo?
we the Association hereby desires to add Article V (previou 4 | in the Byla Declaration and amend Sections 1.2, 2.1(a), 3.3(a)(1), 3.3( (8), and 3.4(1) of t eclaration; WHEREAS, the Association does not desire to amend any other provisions of the Declaration and hereby affirms that the Declaration, as amended, is in full force and effect; and WHEREAS, the Association hereby desires to impose the covenants, conditions, restrictions and easements herein described upon Prairie Timber Estates.
ARTICLE 1 ESTABLISHMENT Section 1.1 Establishment _of Covenants, Conditions, and Restrictions. Declarant hereby imposes upon the Property the covenants, conditions, restrictions, liens and easements set forth in this Declaration ON cshencine t for the purposes of establishing a general scheme | development of the oe: ; enhancing the value of the Lots and Residences (defined and msg Ctions for residential use for the benefit of Declarant and the\Owners (defined b clarant does not guarantee that all of these purposes will IL XR Meomplished yr? yy?
Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 2 of 31 2022 - 17346 05/17/2022 01:33 PM Page 3 of 32 through the creation and imposition of the Covenants. The Covenants touch and concern title to the Property, run with in yeh and shall be binding upon all persons hereafter ean BO rtion of the Pro portion of the rae oo ee fs 1.2 Definitions. The terms set forth below shall have PAN Nanings when use this Declaration; other terms are defined elsewhere herein and | have the meaning given to them in this Declaration.
“ACC” means the Architectural Control Committee established pursuant to this Declaration.
eclaration; other terms are defined elsewhere herein and | have the meaning given to them in this Declaration.
“ACC” means the Architectural Control Committee established pursuant to this Declaration.
“Assessments” means the Maintenance Assessments and Special Assessments provided for.
“Association” means the Prairie Timber Estates Homeowners Association, Inc., a Texas non-profit corporation.
“Board” means the Board of Directors of the Association.
“Buil Os any homebuilder constructing the initial Residence upon oor the norm: urse of conducting its business for profit.
ie KN oo yo? “Common Area” means those portions of the Property AS ed in or on the Plat that do not constitute Lots, Streets, Roads or Alleys. Accordingly, the Common Area means those portions of the Property designated as such on the Plat, including any recreational centers or similar areas. The Common Area also includes: (i) any areas within the Property owned by the appropriate government, or any other governmental entity; (ii) any landscape, wall maintenance, pedestrian access or maintenance easements reflected on the Plat, required by the appropriate government or recorded by separate instrument; and (iii) those areas, if any, which are owned by an Owner, but on which are located monuments, signs, fences, landscaping, berms, sidewalks, irrigation systems or other improvements that may be maintained by the appropriate governmental entity. The Common Area shall also include all improvements on or to any portion of any of the areas described in the preceding sentence. Declarant shall at all times have and retain the right, but without obligation whatsoever, to effect minor redesigns or reconfigurations of the Common Area and to execute any open space declarations applicable to the Common
times have and retain the right, but without obligation whatsoever, to effect minor redesigns or reconfigurations of the Common Area and to execute any open space declarations applicable to the Common Area which may eo Nermitted in order to reduce property taxes, and to take ane steps as m ropriate to lawfully avoid or minimize the imposition of fe state xX A GR and/or income taxes. A oO ot oO we ye Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 3 of 31 2022 - 17346 05/17/2022 01:33 PM Page 4 of 32 “Declarant” was originally defined as “FRJOB, L.P., including any affiliate of any Partner the d any other person or entity who is designated as a wee a@S Declarant iN ting pursuant to the provisions in this Declaration.” However, sjve# the cha e Association from developer-controlled to owner-contro powers ally bestowed on the Declarant in this Declaration are Vee wed upon the ‘Association.
“Declaration” shall mean the Declaration of Covenants, Conditions, and Restrictions for Prairie Timber Estates and any amendments and supplements thereto governing the Prairie Timber Estates community or any sub-association, as recorded.
“Design Guidelines” shall mean and refer to those particular standards, restrictions, guidelines, recommendations and specifications applicable to all aspects of construction, placement, location, alteration, maintenance and design of any improvements within the Property, and all amendments, modifications, supplements and interpretations thereof, which may be established pursuant to Section 3.3(d).
“Established Drainage Pattern” means the drainage pattern as engineered and constructed by a ‘Os prior to (or in some cases, immediately) the conveyance of titheany
blished pursuant to Section 3.3(d).
“Established Drainage Pattern” means the drainage pattern as engineered and constructed by a ‘Os prior to (or in some cases, immediately) the conveyance of titheany from a Builds ndividual homeowner. G° XV AIUD” means the US Department of Housing and Urban Develggitt x’ we “Improvements” means any exterior changes, alterations or additions to a Lot from its condition at the time of purchase.
“Lot” means any of the individual platted building lots reflected, or to be reflected on the Plat that are to be used for residential purposes as herein described.
“Managing Agent” means any Person who has been engaged and designated by the Board to manage the daily affairs and operations of the Association.
“Qwner” means any Person owning fee title to any Lot, but excluding any Mortgagee or Beneficiary under a Deed of Trust until such time as it acquires legal title to a Lot.
“Person” ees any individual, corporation, limited liability compan partnership G2 entity of any kind or types whatsoever. \G gi" sve NS ve Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 4 of 31 2022 - 17346 05/17/2022 01:33 PM Page 5 of 32 “Phase” means a particular phase developed upon the Property. Declarant may impose, as provi oO Section 3.3(d), additional or different restrictions on Oe If Declarary SoAéxes additional property into the Property as provided, it may deS#nate YAK the REMfriexed as a particular Phase, and may impose, as provided iienen 3.3(d), oh nal or different restrictions on such area. yo?
“Plat” means (i) initially, the Preliminary Plat, and thereafter the Final Plat, for
s a particular Phase, and may impose, as provided iienen 3.3(d), oh nal or different restrictions on such area. yo?
“Plat” means (i) initially, the Preliminary Plat, and thereafter the Final Plat, for any Phase of the Property submitted to and approved by the appropriate government or any other applicable governmental entity; (ii) after the recording thereof, the Final Plat for any Phase of the Property as recorded in the Records of Johnson County, Texas; and (iii) any replat of, or amendment to, the foregoing made by Declarant in accordance with this Declaration. The term “Plat” shall also include the final recorded plat of any additional property annexed into the Property.
“Property(-ies)” shall mean any asset, real or personal. An ownership interest.
“Protective Covenants” means this Declaration and any Supplementary Declarations affecting Prairie Timber Estates as recorded by the Declarant.
“Resi Means a single family detached residence constructed upon gor” conformers with this Declaration. Oo \G CG yo? “Reviewer” Architectural control and design for Prairie FyyetPsats is handled by either (i) the Declarant or (ii) the Design Review Committee. The t used in these Design Guidelines.
erm “Reviewer” is oe Screening Wall” means any wood or masonry fence or wall installed by the Declarant adjacent to major roads and/or thoroughfares.
“Street” means any paved road, but not alleys, that is typically within a fifty-foot (50°) of sixty-foot (60°) right-of-way and serves the front of a Lot upon which a Residence is constructed.
“Structure” means any structure (other than a Residence), fence, driveway, sidewalk, planting, landscaping, irrigation system, wall, tennis court, swimming pool, outbuilding, playground equipment, or other improvement of any kind of type.
than a Residence), fence, driveway, sidewalk, planting, landscaping, irrigation system, wall, tennis court, swimming pool, outbuilding, playground equipment, or other improvement of any kind of type.
‘supe Declaration” means any Supplementary Declargi GOP Covensino onditions, and Restrictions affecting a particular Prairie Lighe Estates H wners’ Association as recorded by the Declarant. O ve vw Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 5 of 31 2022 - 17346 05/17/2022 01:33 PM Page 6 of 32 “VA” oom U.S. Department of Veteran Affairs. oom got includes any automobile, such as a car, truck, van, goBe It ye et include a boat, boat trailer, marine craft, hovercraft, oy t, recreational ehicle, off road, travel trailer, mobile home, motor home, ae? trailer, or similar vehicle or equipment.
ARTICLE 2 USE PROVISIONS Section 2.1 Prohibited Uses and Activities.
(a) Parking and Vehicle Restrictions. All Vehicles shall be parked, stored, or placed in the garage or driveway constructed on a Lot. Any Vehicle parked outside of the garage or visible to the adjacent Lot(s) or street(s) for over a 24-hour period must be registered, inspected, and in working order. No boat, boat trailer, marine craft, hovercraft, aircraft, recreational vehicle, off road, travel trailer, mobile home, motor home, camper, trailer, or similar vehicle or equipment may be stored, parked or kept on any driveway, in the front yard or in the street oe front of a Lot for mgre@ysn 48 hours nor more frequently than two times per month, n any such vehicle ghequipment be parked for storage in the side or rear yard of an ee ence.
yard or in the street oe front of a Lot for mgre@ysn 48 hours nor more frequently than two times per month, n any such vehicle ghequipment be parked for storage in the side or rear yard of an ee ence.
No such v ne or equipment shall be used as a residence or office temporaril Cee anently, Thi ation shall not apply to any vehicle, machinery, or equipment arily parked and in ust for the construction, maintenance or repair of a Residence in the immediate vicinity. Onstreet parking shall be limited to temporary parking of guests or invitees of Owners during parties, delivery of services, and similar limited (no more than twelve (12) hours) time periods.
Trucks with tonnage in excess of one ton and Vehicles with signage or advertising displays shall not be permitted to park overnight on the Streets, driveways, or other areas within the Property.
No Vehicle that transports flammable or explosive cargo may be parked or stored within the Property. No inoperative or unlicensed Vehicles may be parked or stored, other than in an enclosed garage, within the Property. All work on Vehicles (other than routine maintenance) shall be performed only in an enclosed garage. The foregoing provisions shall not restrict the parking of trucks and other Vehicles as necessary in connection with construction of Residence or other Structures on Lots.
(b) Specific Use Restrictions. No Lot or improvement shall be used for business, professional, commercial “Ge ea purposes of any kind. No activity, whether for prof s or not, shall be c on the Property which is not related to single- family r Ger purposes. Thi Oe shall not be construed so as to prohibit the conduct of @) xo mo wv inoffensive in-home work, such as computer work, wong ONE giving art or v)
h is not related to single- family r Ger purposes. Thi Oe shall not be construed so as to prohibit the conduct of @) xo mo wv inoffensive in-home work, such as computer work, wong ONE giving art or v) Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 6 of 31 2022 - 17346 05/17/2022 01:33 PM Page 7 of 32 music lessons, or similar activities, provided that such work or activity does not involve the parking of vehicles of yees, consultants, or other parties other than the occupants of, Residence in quesyokJand does not involve the delivery or pickup of any materials oye ces.
Unless exp eNPermitted by the Declarant or the Board of the Association, noggighh may be nai the Property. No noxious or offensive activity (as determineg.gy¥fe Board) shall be rtaken on the Property, and nothing shall be done which is or mad or nuisance to the neighborhood. Nothing in this Section shall prohibit a builder’s temporary use of residence as a sales office until such builder’s last Residence on the Property is sold.
come an annoyance (c) Pet and Animal Restrictions. Only regular household pets such as cats and dogs shall be permitted on the Property and then only for personal use and not for any business use, such as breeding, kennel operations and the like. No other animal shall be permitted to be maintained upon the Property, including the following: cows, horses, bees, hogs, sheep, goats, poultry, or skunks. No more than four (4) domesticated household pets are permitted in any Residence. All pets shall be kept within the fenced-in area of an Owner’s Lot or within the house and shall not be permitted to run free through the Property. It is the pet owner’s responsibility to
y Residence. All pets shall be kept within the fenced-in area of an Owner’s Lot or within the house and shall not be permitted to run free through the Property. It is the pet owner’s responsibility to keep the Property clean and free of debris from such owner’s pets. All animals must be properly tagged for identification and vaccinated against rabies.
Dog runs reqys . approval on a case-by-case basis. Dog runs shall be located gor?
side or rear yards\ stich a way that they are not visible to neighbors or community ar space.
The ACC NGO aluate the proposed location and size of the dog run with consiggnfon given its impa' KAM Adjacent properties and streets. Generally, dog run areas ot exceed three hunts (300) square feet in size and fence height should not exceed five (5) feet. The use of underground invisible dog run fencing is encouraged on a case-by-case basis. The dog run fencing should be immediately adjacent to the home and compatible with the home in material and color. Galvanized chain-link fencing is prohibited. Dog runs shall be well screened from neighboring properties and streets with landscaping. “Dog kennels” are not permitted.
(d) Outdoor Burning Restrictions. Outdoor burning of trash, leaves, and other items is prohibited. This restriction shall not be construed as prohibiting outdoor cooking on barbeque grills in connection with use of a Residence.
(e) Trash/Garbage Disposal. Trash, garbage and other waste shall at all times be kept in clean, well maintained, sanitary containers for regular scheduled pickup for removal of such items. Trash, garbage or other waste shall not be kept except in sanitary containers and shall not be placed on the curb or r more than 18 hours prior to its scheduled collection day, ana
oval of such items. Trash, garbage or other waste shall not be kept except in sanitary containers and shall not be placed on the curb or r more than 18 hours prior to its scheduled collection day, ana broken or rusain@s ipment, disassembled or inoperative cards and discarded wehbe and o™ yo Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 7 of 31 2022 - 17346 05/17/2022 01:33 PM Page 8 of 32 furniture, shall not be dumped on the ground of any Lot or in any Common Area. Compost heaps may be maintained eae yards unless otherwise approved in writing by the Board. oP?
Brancy Each Lot shall be improved with a single family sg Bies No 548 SII occupy any garage or other outbuilding at any time. Ay ao - Projections from Structures. Window air conditioning units and other similar projections are prohibited. Any projection through the roof of any Structure on the Property shall require the prior written approval of the Declarant or the ACC.
(h) Private Water/Sewer Systems. Each Residence shall be connected to the water and sanitary sewer system, and no private water well or water, sanitary or storm sewer system is permitted within the Property unless the Declarant constructs it. If Declarant uses private drainage easements in areas necessary or contain a private sub-surface storm sewer drainage system, then such sewer lines are to be kept freely running and unobstructed at all times. If the lines become obstructed, all parties that benefit from their function shall be required to equally and promptly share in the cost of repair or replacement of the lines.
obstructed at all times. If the lines become obstructed, all parties that benefit from their function shall be required to equally and promptly share in the cost of repair or replacement of the lines.
(1) Changes in Grade. Except for such changes as are reasonably necessary 1 facilitate consti gOORsidenc on a Lot, no Owner shall change the grade of a ov except in comple with all applicable laws. After Declarant has developed t Avs. the Benen gr an Slope and drainage plan of a Lot may be altered, and no dams s, channels on be constructed or excavated without the prior written appr Phe Declarant (or the C), the City (if applicable) and other appropriate agencies having authority to grant such approval.
(j) Visible Activities Outdoors. Outdoor drying of clothes in public view is prohibited. Lawn mowers, rakes, carts and other yard equipment shall be stored from view from adjoining Lots and Streets when not in use.
(k) General Restriction-Nuisances. In general, no condition shall be allowed to exist on a Lot which, by sight, smell or noise (as determined exclusively by the ACC), shall constitute a public or private nuisance or unreasonably disturbs any other Owner in the use and enjoyment of its Lot or the Common Area. Residents shall avoid making or permitting loud, disturbing, or objectionable noises at any time. Since many people work on weekends and holidays, quiet must be strictly maintained between the hours of 10:00 p.m. and 7:00 a.m. every day. This includes, but is not limited to, voice imal noises, using or playing musical instruments, radios, cows television or any 0 KOO le device in such a manner that disturbs other homeowners.
NO . eA KO? R08 Third Amended and Restated Declaration of Covenants,
ing or playing musical instruments, radios, cows television or any 0 KOO le device in such a manner that disturbs other homeowners.
NO . eA KO? R08 Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 8 of 31 2022 - 17346 05/17/2022 01:33 PM Page 9 of 32 (1) Temporary Structures. No structure of a temporary character, other than playhouses, such as a tra@$basement, tent, shack, barn or other out-building, shall be Vehs any of the wae: Cmy time as a dwelling house; provided, however, that any home may main ee occupy model houses, sales offices and construction on during eriods.
may stru, @ we - Garage Sales. No garage sales may be held except on dates and times, and in accordance with written rules, prescribed by the ACC.
ARTICLE 3 CONSTRUCTION PROVISIONS Section 3.1 Plan Approval Required. No Residence or Structure shall be constructed, placed or installed within the Property until the Plans have been approved in writing by the ACC or Declarant as provided in this Article 3.
Section 3.2 Establishment of ACC.
(a) Initial A The ACC shall consist of three (3) members; at least ones member will be a reyeoe ve of the developer, and the Declarant shall appoint the scigjo® members of the ANC: xO we Terms and Subsequent Appointments. The members of tyne shall serve until the) deign or are removed by the party appointing them to the ACC (whith the appointing party may do at any time). Subsequent appointments to the ACC shall be made by the Declarant until such as the Declarant either relinquishes such power by the written notice to the Board or the Declarant no longer owns any Lot; thereafter appointments to and removals from the ACC shall
larant until such as the Declarant either relinquishes such power by the written notice to the Board or the Declarant no longer owns any Lot; thereafter appointments to and removals from the ACC shall be made by the Board. The ACC or Declarant may engage the services of a third party to review plans and specifications pursuant to this Article.
(c) Compensation; Fee for Review. No member of the ACC shall be entitled to compensation for its services. The ACC may impose a reasonable charge for reviewing plans.
Section 3.3. Approval Process.
(a) Submission of Plans. Any party wishing to construct a Residence or any Structure shall submit on Gow} copy of complete plans and specifications in 8-1/2” x 11” size s no larger than an the ACC for its approval prior to commencing. Such Cay Specifications Ore engineering information, landscaping description, ay’ a) ruction plans shosgid e location and elevations, square footage of the living AA rrrcentage on dv Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 9 of 31 2022 - 17346 05/17/2022 01:33 PM Page 10 of 32 roof pitch and floor plan showing garage area of the proposed Residence or Structure and the materials to be used i tructing the same, all in sufficient detail to enable the ACC WY evaluate the pee (Sricture or Residence. Please do not send electrical, plumbing ar plans. The Ae NY request additional information, including samples or pro nagont erials to aid iti cision process. After receipt of a complete set of plans and spe ions, the ACC sha ane review the same and notify the Person submitting whatherOo, proves the plans or whether it requires changes thereto. Alternately, the ACC may disapprove a set of plans by so
spe ions, the ACC sha ane review the same and notify the Person submitting whatherOo, proves the plans or whether it requires changes thereto. Alternately, the ACC may disapprove a set of plans by so noting thereon and returning it to a Person submitting, accompanied by a statement of the reasons for disapproval. No construction shall be commenced on any portion of the Property unless and until the ACC or Declarant has approved the plans for the Residence or Structure in question in writing. Procurement of applicable permits from other governmental agencies is the responsibility of the Owner and shall be obtained prior to commencement of construction. Once begun, construction shall be completed expeditiously and in strict accordance with approved plans. No Structure may be occupied until all applicable final inspections have been obtained from the appropriate parties or government agencies.
(1) Hours of Operation. Hours of operation for the ACC shall be weekdays from approximately 8:00 a.m. to 5:00 p.m. Exterior construction in the Subdiyjsion is only allowed from 7:00 a.m. to 7:00 p.m. ‘J (2) OO detcn Trailers, Shed, or Temporary Structures. All constr, or ~oN ors sheds, or temporary structures require ACC approvad)rior to ve installation. All such shelters shall be removed upo AShpletion of yo” construction. Temporary living quarters for yan are strictly prohibited.
(3) Sanitary Facilities. The contractor shall be responsible for providing adequate sanitary facilities for construction workers. It is the obligation of all contractors and subcontractors to leave the project site free from trash, debris, unused materials and equipment.
(4) Construction Drainage. The Owner shall provide temporary erosion control measures during the construction period as described above.
t site free from trash, debris, unused materials and equipment.
(4) Construction Drainage. The Owner shall provide temporary erosion control measures during the construction period as described above.
Temporary barriers such as silt fences shall be utilized as needed. It is recommended that the Owner landscape slopes as soon as possible after grading has been completed to control erosion.
(5) Vehicles & Access. All vehicles shall be parked so as not to impede traffic or damage surrounding natural landscape. The ACC may designate, at time of plan review or during construction, specific areas for the ing of construction worker’s vehicles and/or equipment. Washi s GOHi cles and/or construction equipment on streets within Oe Ga «fi oo? Estates is prohibited. Pe Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 10 of 31 2022 - 17346 05/17/2022 01:33 PM Page 11 of 32 (6) Utility Disruption. If any telephone, cable TV, electrical, water or other uty Sines are cut, it is the offending party’s obligation to reat ge Oo cre vs | oo is” Time for Review/Approval. The ACC shall approve o rove all plans subMaAted for construction within thirty (30) days after the date it receiveNd wmplete set of plans and specifications; if the ACC fails to specifically approve or disapprove of any plans within such thirty (30) day period, the ACC shall be deemed to have approved the plans submitted.
Under no circumstances shall the ACC’s failure to respond within the thirty (30) day period constitute deemed approval of, or the granting of, a variance for any aspect of construction, use
submitted.
Under no circumstances shall the ACC’s failure to respond within the thirty (30) day period constitute deemed approval of, or the granting of, a variance for any aspect of construction, use of materials, or location of improvements, which would otherwise constitute a violation of the Covenants or the Design Guidelines.
(c) Review Standards. The ACC, in reviewing and approving plans for construction of Structures and Residences, shall use commercially reasonable efforts to promote and ensure a high level of taste, design quality, aesthetic harmony, and conformity throughout the Property, consistent with the standards established by this Declaration and any Design Guidelines. Where the condition imposed by and provision of these Design Guidelines are less restrictive than comparable condition meas by an appropriate government agency where permit require or building code or rey , the more restrictive provision shall govern. CG° SANG It is the ACC’s intent to stimulate a rich and diverse v Woe creative yy architectural styles, drawn from a common palette o als, and blended together to form a vital residential community, compatiblewith its surroundings.
(2) All color schemes must be approved in writing by the ACC prior to their application to any portion of a Residence or Accessory structure (as that term is used in section 3.4(k)). The ACC intends to preclude the use of colors that would appear garish or out of place and, therefore, offensive to the eye, in the sole opinion of the ACC.
(3) The color combination of exterior materials should generally be subtle and tasteful to blend with the neighborhood and landscape. Brighter accent colors and colors approaching the primary range (red, blue, and yellow) may only be used with prior written approval from the ACC.
asteful to blend with the neighborhood and landscape. Brighter accent colors and colors approaching the primary range (red, blue, and yellow) may only be used with prior written approval from the ACC.
(d) Design ayes Building Standards. The Declarant or the ACC may, but is n s required to, from Ee ime, establish specific guidelines and building aN a eP Persons in dete, ng the type of Structures and Residences, which may be const in| on the Property. oe arant may annex additional Property to become a portion of fh roperty, and ve « Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 11 of 31 2022 - 17346 05/17/2022 01:33 PM Page 12 of 32 may develop the overall Property in various Phases. Declarant may establish differing restrictions, guidelines eI ilding standards for each such Phase of the Property, wniceOe impose more restriyt hd or less onerous building standards with respect to a particul se.
its Ny @ ection. Such guidelines or standards shall supplement this vey and be general ACC and Declarant to approve plans as otherwise herein provided.
(e) Failure to Obtain Approval. The construction, repair, replacement, installation, or placement of any Structure or improvement of any type on a Lot without the prior written approval from the ACC shall constitute grounds for the imposition by the ACC or the Association of an automatic fine against the Owner of said Lot not to exceed Five Hundred and No/100 Dollars ($500.00). A fine levied under this Section shall be charged to the Owner’s
the ACC or the Association of an automatic fine against the Owner of said Lot not to exceed Five Hundred and No/100 Dollars ($500.00). A fine levied under this Section shall be charged to the Owner’s assessment account, payable upon demand and secured by the lien created in Article 4.
(f) Compliance With Plans. Contractors are responsible for complying with the approved construction plans; these Contractors are responsible for complying with the approved construction plans, these Design Guidelines and the Tree Preservation Requirements and Streetscape Design Guideliggs. If trash, debris, or spillage is not cleaned up, or damage toy protected or impr ge is not repaired, the ACC reserves the right to complete the c or repairs need an specifically assess all related costs to the contractor andy wner.
Contractor: Newnes are encouraged to notify the ACC of any potential Poss related to compen with approved plans. yo” (g) Limitations of Liability. Neither the Declarant, its officers, directors, partners, agents, employees, representatives, parent or subsidiaries, nor the Association, the Board, or the ACC, including any of its respective members, shall be liable to any Person for any official act of the ACC in connection with submitted plans and specifications. Notwithstanding any approval by the Declarant or the ACC, neither the Declarant nor the ACC shall be responsible or liable to any Person with respect to any loss, liability, claim or expense, which may arise by reason of such approval or the construction of a Residence, or Structure related thereto. Neither the Declarant, the Association, the Board, nor the ACC shall be responsible in any way for any defects in any plans or specifications submitted, reviewed or approved in accordance with the
to. Neither the Declarant, the Association, the Board, nor the ACC shall be responsible in any way for any defects in any plans or specifications submitted, reviewed or approved in accordance with the provisions of this Declaration, nor for any structural or other defects in any work done according to such plans or specifications. No approval of any plans by either the ACC or the Declarant shall be construed to mean that the plans comply with any applicable law, building code, or governmental regulation, Paine the responsibility of the Person submitting any plans to assur able laws. Conversely, the issuance of a building permi y compliance with 1@P approval froma overnmental authority shall not, under any circumstance, CEN ite any evidence \Shstruction of a Residence or a Structure complies with the te d conditions Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 12 of 31 2022 - 17346 05/17/2022 01:33 PM Page 13 of 32 contained in this Declaration or any Design Guidelines. Declarant and members of the ACC shall have no liability for decj made by them regarding the approval or disapproval of plans long as the vein made in good faith and are not discriminatory, arbitrary, or cape Co.
yo? J (a) Setbacks. All Residences and other Structures shall be constructed in conformity with the setback requirements of the appropriate government agency having jurisdiction over the same and the building lines reflected on the Plat.
sos 3.4 Specific Construction Provisions.
(b) Structure Size and Type. All Residences on 1/2 acre Lots located past the Prairie Timber Bridge shall have a minimum of two thousand five hundred (2,500) square feet of
ic Construction Provisions.
(b) Structure Size and Type. All Residences on 1/2 acre Lots located past the Prairie Timber Bridge shall have a minimum of two thousand five hundred (2,500) square feet of enclosed air-conditioned living area as set forth by the ACC and as set forth in Section 3.5. All Residences on | acre Lots located past the Prairie Timber Bridge shall have a minimum of three thousand (3,000) square feet of enclosed air-conditioned living area as set forth by the ACC and as set forth in Section 3.5, except that all Residences located on Lots adjacent to the railroad right-of-way shall have a minimum number of two thousand five hundred (2,500) square feet of enclosed air-conditioned living area as set forth by the ACC and as set forth in Section 3.5, being the following specified Eos?) Block 4, Lot 14; (ii) Block 4, Lot 15; (iii) Block 4, Lot 16; (iv) J Block 4, Lot 17; (v) , Lot 18; (vi) Block 4, Lot 19; (vii) Block 4, Lot 20; (viii) B Lot 21; (ix) Black, Wot 22; (x) Block 4, Lot 23; (xi) Block 4, Lot 24; (xii) Block ONS 25; (xiii) Block @yGot 26; (xiv) Block 4, Lot 27; (xv) Block 4, Lot 28; (xvi) Block XS 29; (xvii) Blo QO 30; (xviii) Block 4, Lot 31; (xix) Block 4, Lot 32; and oor 4, Lot 33. All thousand (2,000) square feet of enclosed air-conditioned living area as set forth by the ACC and as set forth in Section 3.5, except that all Residences located on Lots adjacent to the park shall have a minimum number of two thousand five hundred (2,500) square feet of enclosed airconditioned living area as set forth by the ACC and as set forth in Section 3.5, being the following specified Lots: (i) Block 3, Lot 11; (ii) Block 3, Lot 12; (iii) Block 3, Lot 15; (iv)
nclosed airconditioned living area as set forth by the ACC and as set forth in Section 3.5, being the following specified Lots: (i) Block 3, Lot 11; (ii) Block 3, Lot 12; (iii) Block 3, Lot 15; (iv) Block 3, Lot 16; (v) Block 3, Lot 17; and (vi) Block 3, Lot 18.
Each Residence shall be of new construction on a Lot and no mobile homes or manufactured housing shall be permitted on the Property except on a temporary basis in connection with construction or sales activities.
(c) Garage Requirements. Each Residence shall have a minimum of a two car garage constructed as a part GOR et main garage of the home may not face the street. However, apy an additional gara e included and attached to the residence, it may face the s eEQ must be set bac wn the front of the residence. This garage placement shall reqyi final PP oe arage should be attached unless otherwise approved by the “ Ke detached ) Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 13 of 31 2022 - 17346 05/17/2022 01:33 PM Page 14 of 32 garages, including those garages that might be used for recreational vehicles or trailer storage, shall only be allowed in Mar yard area of the one acre or larger lots and must conform eer standards of the ni esidence for roofing, brick, color, and quality. All plans for SN uch structures § adPire ACC approval. 3 Kv 5 KS OT) Drive/Walkway Requirements. All driveways and sided s shall conform to applicable appropriate government agency and other governmental specifications and regulations.
Driveways shall be either concrete paved with a medium broom finish, stamped and colored concrete, or exposed aggregate concrete. Other materials require ACC approval.
specifications and regulations.
Driveways shall be either concrete paved with a medium broom finish, stamped and colored concrete, or exposed aggregate concrete. Other materials require ACC approval.
Extension or expansion of driveways requires ACC approval prior to installation.
(e) Windows and Doors. Windows shall be of clear glass or tinted glass of bronze, gray and green or smoke color. The use of reflective glass or reflective tinting is prohibited. All main entrance exterior doors of Residences shall be of a minimum height of eight (8) feet.
(f) Awnings Ne The use of awnings and overhangs require ACE approval prior to inst .” The materials and colors shall be the same or generally reco ioe as being comp pantry to the exterior of the building and will be attached dir to the structure wg requiring supporting columns or poles. Neither metal nor plagastinings will be Rego? . yo” (g) Decks and Balconies. ACC approval is required prior to the installation of a deck or balcony. Decks and balconies shall be constructed of wood or of a material similar to that of the residence and, if painted, shall be painted a color similar to or generally accepted as complementary to the residence. Decks and balconies shall be installed as an integral part of the residence. Any such decks or balconies shall be located so as not to obstruct or diminish the view from or create a nuisance for adjacent property owners. Construction shall not occur over easements and shall comply with the applicable Design Review procedures set forth in this Declaration. Where the condition imposed by the provisions of these Design Guidelines is less restrictive than comparable condition imposed by an appropriate government agency where
set forth in this Declaration. Where the condition imposed by the provisions of these Design Guidelines is less restrictive than comparable condition imposed by an appropriate government agency where permit requirement or building code or regulation, the more restrictive provision shall govern.
Decks shall be no more than four (4) feet off the ground and shall be set back a minimum of five (5) feet from property lines. Views under decks shall be screened. J (h) Pati CA@ rpprovs is required for the construction of patio cov GR patios, and engl patios. Freestanding patio covers are acceptable, as approyedeNOure roof wena gias). Patio covers and posts shall be constructed of woo f a material Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 14 of 34 2022 - 17346 05/17/2022 01:33 PM Page 15 of 32 generally recognized as complementary to the residence and shall be similar to or generally recognized as complem in color to the exterior color of the residence. Open patios sh be an integral pay e landscape plan and should be located so activities do way a nuisance fg ui cent property owners. The patio color shall be similar to or PS accepted as a co plementary to the color of the residence. Enclosed patios ghalQpe*constructed of mat) s that are similar to or generally accepted as complementary to tNoSé of the residence as determined by the ACC.
(i) Painting/Repainting. ACC approval is required for any exterior painting or repainting of the home or its accessory improvements. The submittal shall contain the manufacturer’s paint chips with name and code number. Note: If painting home same or similar color ACC Approval is not required.
the home or its accessory improvements. The submittal shall contain the manufacturer’s paint chips with name and code number. Note: If painting home same or similar color ACC Approval is not required.
(j) Alterations, Additions and Expansions. ACC approval is required for any exterior alteration to, addition to, or expansion of a home. The architectural design and materials used in any and all exterior additions, alterations or renovations shall conform to the original home’s design intent with respect to style, detailing, and materials used in the initial construction, as prescribed herein.
(k) Acces, SS eure Provisions. All ancillary Structures (as described gor shall conform to. requirements of this Section. ACC approval is required prior to ruction of any a Gry structure, including but not limited to sheds and perm ‘ y installed Plage Applications for accessory structures will be reviewed wi ard to Lot size, setbatks, and primary building size. Accessory structures should serve as functional elements and enhance the aesthetic qualities and visual theme of Prairie Timber Estates. Accessory structures such as outbuildings, permanent storage sheds, and gazebos shall be located in the rear yard or in a location not prominently visible from the street, and shall adhere to the standards herein. No overhead electrical lines will be allowed to any accessory structure. Outbuildings, storage sheds and gazebos shall be architecturally compatible with the home. Accessory structures shall meet the following criteria: e Accessory structures shall be of the same color and architectural style as the main residence or of color and style that is generally recognized as complementary to that of the main residence.
eria: e Accessory structures shall be of the same color and architectural style as the main residence or of color and style that is generally recognized as complementary to that of the main residence.
e Accessory structures shall be of 100% brick, brick veneer, stone, stone veneer or other masonry material approved in writing by the ACC. For purposes of this Declaration, cementitious siding shall not be considered brick, brick veneer, stone, stoggeneer or masonry material and cannot be used in place of masca® mae aa 8 one accessory structure’s roofing materials shall match thos cate main aN residence. RAN yo” yo” Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 15 of 31 2022 - 17346 05/17/2022 01:33 PM Page 16 of 32 e Accessory structures shall be no larger than 10’x12’, unless a variance is given.
AeeOe ctures shall conform to the side and rear yard setbacks. coe e jAg\eSsory structures shall not unreasonably obstruct any adjacent, or’s eyiew. \O ayo? e Accessory structures shall not have exterior walls taller LGAMe (9) feet, (not inclusive of garage structures).
® Carports (non-fully enclosed automobile shelters) are prohibited.
(1) Antennae/Satellite Dishes. The erection, construction, placement or installation of any television, radio, or other electronic tower, serial, antenna, satellite dish or device of any type for the reception or transmission of radio or television broadcasts or for any means of communication upon a Lot or upon any improvement thereon is prohibited except as provided for herein. This prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Partl, Subpart S, Section 1.4000 (or any
upon any improvement thereon is prohibited except as provided for herein. This prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Partl, Subpart S, Section 1.4000 (or any successor provision) promulgated pursuant to the Telecommunications Act of 1996, as amended from time to time. The ACC or the Declarant shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae. All oer" antennas and other antennas and aerials shall be located nen the attic of. 1g, ence constructed on the Lot. Amateur radio towers and ny (whethga@ reception or transmission) are specifically prohibited. , oe te on, radio or other antenna of any type shall be placed, allowed Nitained upon yyeny Lot, Residence, or Structure without prior written approval AYOithorization of the ACC. Satellite dishes larger than one (1) meter in diameter are prohibited. The satellite dish or antenna shall be placed in the rear or side yard in such a manner that it is screened from view from adjacent streets and neighboring properties.
xterior (2) Fences and Walls. The installation of fences and walls require prior ACC approval. All fences and walls on the half acre lots are to be constructed of stained wood privacy or tubular iron metal material. The fencing on the one acre or larger lots shall be tubular or wrought iron metal fencing only unless otherwise approved by the ACC.
Fences and walls should appear as extensions of the home’s architecture and be complementary to the main structure. Fences and walls may be used to enclose and define courtyards, extend and relate the building forms to the landscape, and provide
of the home’s architecture and be complementary to the main structure. Fences and walls may be used to enclose and define courtyards, extend and relate the building forms to the landscape, and provide security and privacy with the specific approval of the ACC. Fences and walls around swimming pools and spas must meet city standards and be approved by the ACC. All fences and walls uding retaining walls described in (5) below) shall be at lea igo (6) feet in bier and shall have a maximum height of six (6) feet, and shall be © in ana constructed of stained wood privacy or iron materials in nee with the ye ‘ions contained in any Design Guidelines. No fence or ee Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 16 of 31 e constructed, 2022 - 17346 05/17/2022 01:33 PM Page 17 of 32 repaired, rebuilt, or relocated if it impedes or obstructs drainage. Low decorative walls that are part of iy pscone design will be considered. Front yard landscape walls sig not exceed ui ) feet in height. . \G or? or?
ow The Declarant reserves the right to mandate the use of tubula Went iron or Wher decorative fencing where the Declarant deems necessary to ¥asure consistency and community design. Galvanized chain link fencing is not acceptable without specific ACC approval. Except for the wrought iron fence standard, all fences whether constructed by the Owner or the Builder, shall be maintained consistent with the community-wide standard. In the event a fence or wall is damaged or destroyed, the Owner shall repair or recondition the same at Owner’s expense within three (3) weeks of the damage using materials of equal or greater value.
In the event a fence or wall is damaged or destroyed, the Owner shall repair or recondition the same at Owner’s expense within three (3) weeks of the damage using materials of equal or greater value.
Pursuant to this Declaration, the foregoing standards are intended as an aesthetic guide only. Neither the Declarant nor the ACC ensures the soundness, structural integrity, or effectiveness of retaining walls constructed in conformity with this section.
Neither the Declarant nor the ACC shall be responsible for ensuring the structural integrity or soundness of any approved retaining wall.
in sanitagghon ainers. All trash containers shall be screened from view fing \stFeets.
ox ainers shall not be placed on the curb or alley more than 18 ANY prior to its ak uled collection day and must be removed within 18 hours a ARduled collection day. All equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Compost heaps may be maintained only in rear yards unless otherwise approved in writing by the ACC.
(4) Hedges. Hedges shall be maintained at a height that is in conformity with the height of fences and walls. No hedge shall be maintained in a manner that obstructs any sidewalk or the visibility of intersections of Streets and/or alleys.
(5) Retaining Walls. Retaining walls, other than those constructed by the Declarant, require prior written approval by the ACC to ensure conformity with the requirements contained in any Design Guidelines with respect to location, construction, and materials. The Owner/Builder of the “high side” Property shall be responsible for installation of side property line retaining walls. Retaining walls shall not exceed four (4)
ation, construction, and materials. The Owner/Builder of the “high side” Property shall be responsible for installation of side property line retaining walls. Retaining walls shall not exceed four (4) feet in height, unle Nhgineered by a licensed engineer in the State of Texas, there shal be a minimymo Y (5) feet between adjacent walls, and walls shall be located 9 GR to alter ished drainage patterns. Except for those built by Declarant or GN iliates, any Sihing walls which generally face an alley or are either betw esidences or \y Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 17 of 31 2022 - 17346 05/17/2022 01:33 PM Page 18 of 32 along or adjacent to the side or rear property lines of Lots shall be constructed of ACQ treated lumber_o e materials unless the ACC has otherwise provided prior wri approval. Gp for those built by Declarant or its affiliates, any retaining walks Which sengg\fee a Street or are along or adjacent to the front property line oO shall be ) pproval.
Pursuant to this Declaration, the foregoing standards are intended as an aesthetic guide only. Neither the Declarant nor the ACC ensures the soundness, structural integrity, or effectiveness of retaining walls constructed in conformity with this section.
Neither the Declarant nor the ACC shall be responsible for ensuring the structural integrity or soundness of any approved retaining wall.
(6) Mailboxes. Mailboxes shall be of a design and constructed of materials approved by the ACC and shall conform to the standards of the United States Postal Service regulations and any Design Guidelines. The mailboxes shall be of masonry and
ign and constructed of materials approved by the ACC and shall conform to the standards of the United States Postal Service regulations and any Design Guidelines. The mailboxes shall be of masonry and installed pursuant to the designs set forth by the subdivision guidelines and the United States Postal Service for curbside mailboxes.
(7) OO court/Swimming Pool/Recreational Facilities. A tennis N Swimmiaggoo , spa and/or recreational facilities may be constructed with any Lot prox he plans are approved by the ACC prior to commencement truction to yomie compliance with the requirements contained in any iP uidelines with respect to location and screening. The ACC will review requestS for swimming pools and pool equipment on a case-by-case basis. Consideration will be given to, but not necessarily limited to, setback from and impact on neighboring properties and the size of the pool enclosure. Fencing and walls around swimming pools and spas must meet city standards and be approved by the ACC. Any Spa shall be located in the side or rear yard in such a manner that it is not immediately visible to adjacent property Homeowners.
Spas should be designed as an integral part of the deck or patio area where they are located. Above ground pools are prohibited.
(8) Signage. The Master Developer shall have the right and privilege to develop and implement uniform signage specifications and requirements applicable throughout Prairie Timber Estates, including Builder “For Sale” signage and model home signage. Except for Declarant’s signs, existing homes for sale or for lease shall have no more than one (1) orary sign per Lot that advertises property, which stands no mo s than four fe G9 igh, which has dimensions of no more than five (5) square OY
mes for sale or for lease shall have no more than one (1) orary sign per Lot that advertises property, which stands no mo s than four fe G9 igh, which has dimensions of no more than five (5) square OY which i Bdervative in color and style. Temporary signs may be displa a while a s ome is for sale or lease and shall be removed when the oropeeith vv Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 18 of 31 o longer for 2022 - 17346 05/17/2022 01:33 PM Page 19 of 32 sale or lease. A Builder “Sold” sign will be allowed until the closing of the home or Lot hi L to a third NG oo or?
complies with Texas law and the conditions set forth in a Guidelines as wt number, location, when such signs are allowed prior to thd ction, and the time period after the election upon which the signs shall be removed. Spirit signs (announcing involvement of teenagers in athletics or school programs) shall only be allowed if provided for and in strict compliance with any Design Guidelines. Such advertising and spirit signs shall be subject to approval of the ACC.
Trade signs, which include, but are not limited to landscaping, painting, remodeling, etc., may only be displayed while work is in progress. The installation or relocation of all other signs requires ACC approval. The ACC may dictate a specific uniform size, style and color for such trade signs. All signs must be professionally produced and manufactured. Each Owner hereby grants permission to the ACC (or its duly authorized agents) to enter upon a Lot or any part of the Property and remove any
ll signs must be professionally produced and manufactured. Each Owner hereby grants permission to the ACC (or its duly authorized agents) to enter upon a Lot or any part of the Property and remove any sign, billboard or advertising structure that does not comply with the above requirements and, in doing so, shgll not be subject to any liability to any Person whatsoever for ACC’s ¢ O remove any sign shall be added to the Owner’s assessment: unt, is payg§Ulpon demand and secured by the lien created in Article 4. Uneiastized signs ayaa by builders, traders, homeowners or other parties, place inOQn right-of-ways, thoroughfares, collectors, Common Areas, will be prohibited. If & violation does occur, the Declarant or ACC reserves the right to remove the sign.
Every Owner shall provide address numbers or sign incorporated into the design of the residence and clearly visible from the street. Painting of address numbers on the street curb is prohibited. One security sign may be permitted in the front yard located either adjacent to the driveway or in close proximity to the front entrance of the main dwelling. The ACC may impose size, shape and color restrictions on security signs. No signs shall be erected on the roof of any structure.
The content, placement and appearance of all temporary signs are subject of ACC approval.
(9) Ext Lighting. ACC approval is required prior to changing or adding exterior lig tiGO reviewing lighting requests, the ACC will consider the a MYéred so as to be less obtrusive and shall be as small in sizes v) Third Amended and Restated Declaration of Covenants,
a MYéred so as to be less obtrusive and shall be as small in sizes v) Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 19 of 31 s reasonably 2022 - 17346 05/17/2022 01:33 PM Page 20 of 32 practical. Low-voltage lighting is preferable to conventional house-voltage systems because of its safs SIvantages All lighting shall be compatible with the echitecaregON the residence Ga in ground up landscape lighting in the front yard (except porches all st) etracts from the use or enjoyment of adjacent property. All tet oliday decorations and lighting must be removed with 30 days after the holiday to which they relate.
Lighting for walkways generally should be directed toward the ground.
(10) Air-Conditioning and Other Mechanical Equipment. Ground level air conditioning units shall be installed at street level only. All mechanical equipment, including air-conditioning equipment, shall be located in a side or rear yard only.
(11) Energy Conservation. The use of energy conservation techniques is encouraged when appropriate. Solar technology shall be screened from view from adjacent properties and the public right-of-way and must be approved by the ACC prior to installation. Site planning and landscape design for energy conservation is encouraged.
oe oe ( aah Caticework Attached latticework or garden trellis may Sastalled wit§NGpproval, provided it is an integral part of the landscaping and c wimentary to
for energy conservation is encouraged.
oe oe ( aah Caticework Attached latticework or garden trellis may Sastalled wit§NGpproval, provided it is an integral part of the landscaping and c wimentary to Ayo@exterior materials of existing structures. Freestanding lattice wy be considered as a Gazebo (see above).
(13) Play Structures. Play structures shall be located in the rear yard and set back a minimum of five (5) feet from property lines. Play structures shall be predominately muted earth tone colors and shall not exceed eight (8) feet in height.
Playhouses larger than 30 sq. ft. or over six (6) feet in height shall be considered an accessory structure.
(14) Recreational Equipment. Permanent freestanding, pole-mounted basketball goals are not allowed in the front yard. Portable freestanding basketball goals and trampolines are conditionally allowed if placed for play within the side or rear yard and properly stored out of public view when not in use. Placement and use of freestanding goals and trampolines within the street right-of-way or cul-de-sac is prohibited. Bask: | goals must have clear plexiglass backboards and black pole s Approval 1 ris ired for the installation of recreational equipment in side ec?
Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 20 of 31 2022 - 17346 05/17/2022 01:33 PM Page 21 of 32 Owners should exercise consideration toward neighbors. Any recreational equipment shall back a reasonable distance from adjacent property lines so re’ avoid dist fee neighbors. . or . S \ vs \o (15) Yard Ornaments. Yard ornaments, including, .byOhot limited to,
creational equipment shall back a reasonable distance from adjacent property lines so re’ avoid dist fee neighbors. . or . S \ vs \o (15) Yard Ornaments. Yard ornaments, including, .byOhot limited to, rdhouses, fountains, sculptures, statues and banners require AC proval.
oO I Wd (16) Hardscape Materials. All materials and construction should communicate high quality and craftsmanship. Specifications for hardscape materials shall be subject to the approval of the ACC. The ACC may request samples of hardscape materials.
The Owner shall secure ACC approval prior to paving with any paving material, including without limitation concrete, asphalt, brick, flagstone, stepping stones and precast patterned or exposed aggregate concrete pavers, and for any purpose, including without limitations walks, driveways, or patios.
(17) Vegetable Gardens. ACC approval is not required if located in rear or side yard so that both the garden and its accessory operating areas are screened from view of adjacent homes, publi¢ areas and the vegetable gardens should not have excessive wean and plants shgel emoved at the end of each growing season. No tall plants, eyo corn and, sphflSwers are allowed.
\G or?
ao (18) Sight Triangle Maintenance. Homeowners shal Property within traffic triangles free at all times of any object greater than eighte€n (18) to twenty four (24) inches in height.
(19) Gazebos and Greenhouses. ACC approval is required prior to the construction of any gazebo or greenhouse. Any gazebo or greenhouse should be an integral part of the landscape plan.
(20) Propane tanks. An Owner may install a propane tank on a Lot, but such propane tank must be shielded from street and neighbor view.
() Fireplaces. All Residences shall include an indoor built-in fireplace.
ane tanks. An Owner may install a propane tank on a Lot, but such propane tank must be shielded from street and neighbor view.
() Fireplaces. All Residences shall include an indoor built-in fireplace.
Section 3.5 Construction Materials. All construction materials shall conform to the following provisions: oo con’ (a) .. Bing Materials. Per the City Ordinance for the Subdivision aign® percent (90%) fae exterior wall area on the first floor of a residence shall be egos of brick, Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 21 of 31 2022 - 17346 05/17/2022 01:33 PM Page 22 of 32 stone, Portland cement stuccg, masonry or other material approved by the Declarant or the city code. Gables, windo OP itectura ornamentation, fascia trim, and door openings Wo excluded from thi irement. All materials shall be subject to approval by the in n vonyne The following are prohibited except with the express written consent of the ACC: y and all governmental agency ordinances. yo ¢ Metal structures such as sheds © Metal as a building skin other than copper roofing for architectural ornamentation e Mirrored glass e Exposed cinder block e Vinyl siding (b) Minimum & Maximum Livable Floor Area. The total air-conditioned living area of the main residential structure constructed on each Lot, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be as follows: ») N Dwelling iw The living area of residential structures shall comply veo?
* followi uirements: ~cNn oh) All Residences on % acre Lots located past the Prairie Tig Bric shall
s, shall be as follows: ») N Dwelling iw The living area of residential structures shall comply veo?
* followi uirements: ~cNn oh) All Residences on % acre Lots located past the Prairie Tig Bric shall provide a minimum of two thousand five hundred Oss ) square feet of enclosed air-conditioned living area.
(2) All Residences on 1 acre Lots located past the Prairie Timber Bridge shall provide a minimum of three thousand (3,000) square feet of enclosed air* conditioned living area, except that all Residences on Lots located adjacent to the railroad right-of-way shall provide a minimum of two thousand five hundred (2,500) square feet of enclosed air-conditioned living area, being the following identified Lots: a. Block 4, Lot 14; b. Block 4, Lot 15; c. Block 4, Lot 16; d. Block 4, Lot 17; e. Block 4, Lot 18; f. Block 4, Lot 19; otk 4, Lot 20; co’ on” Block 4, Lot 21; eve i. Block 4, Lot 22; eve y oo j. Block 4, Lot 23; yo?
Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 22 of 31 2022 - 17346 05/17/2022 01:33 PM Page 23 of 32 k. Block 4, Lot 24; ao Lo@tbi 4, Lot 25; oot Block 4, Lot 26; o® n. Block 4, Lot 27; ge Block 4, Lot 28; ao Block 4, Lot 29; LN) Block 4, Lot 30; Block 4, Lot 31; Block 4, Lot 32; and t. Block 4, Lot 33.
(3) All Residences on Lots located before the Prairie Timber Bridge shall provide a minimum of two thousand (2,000) square feet of enclosed air-conditioned living area, except that all Residences on Lots located adjacent to the park shall provide a minimum of two thousand five hundred (2,500) square feet of enclosed air-conditioned living area, being the following identified Lots: a. Block 3, Lot 11; b. Block 3, Lot 12; c. Block 3, Lot 15; d. Black 3, Lot 16;
thousand five hundred (2,500) square feet of enclosed air-conditioned living area, being the following identified Lots: a. Block 3, Lot 11; b. Block 3, Lot 12; c. Block 3, Lot 15; d. Black 3, Lot 16; GORE: 3, Lot 17; and oot oO? . Block 3, Lot 18. sor?
oe 3.6 Height Restrictions. All Structures shall conform Qeight restrictions of » governmental agency. All two-story Residences shall provide a minimum plate line of nine (9) feet. All single-story Residences shall provide a minimum plate line of ten (10) feet.
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propo Section 3.7 Roof Restrictions. The roofs of all single-story Residences shall have at least a 10/12 pitch on the main structure, other than porch or architectural features, and on garage structures unless otherwise approved by the ACC. The roofs of all two-story Residences shall have at least an 8/12 pitch on the main structure, other than porch or architectural features, and on garage structures unless otherwise approved by the ACC. All roofing materials must be fireproof and conform to governmental agency requirements, and are subject to ACC approval.
Asphalt shingles shall be a minimum of thirty (30)-year architectural grade shingle or equivalent is required. The color of shingles shall be weatherwood, black, slate, or similar colorations. All other colors or types of roofing must be approved by the ACC.
Section 3.8 Co ction Period and Process. Construction of any Residence shall tal dos pursued with all iG ehce and, in any event, shall be completed within twelve SA after commence . Requests for additional construction time must be submitte N@iting for review w sFoval by the ACC. Construction of any other Structure shall b ried within Third Amended and Restated Declaration of Covenants,
s for additional construction time must be submitte N@iting for review w sFoval by the ACC. Construction of any other Structure shall b ried within Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 23 of 31 2022 - 17346 05/17/2022 01:33 PM Page 24 of 32 the time periods specified in, the plan approval process. All areas under construction shall be maintained in a clean,s ancition, and debris, trash, and rubble shall be stored in apPrerge containers and “nee removed from the Property. ~oN cre SOG tities and Utility Easements. Existing utilities and utility, nts are located thr out Prairie Timber Estates. Prior to commencing construction, Weers are responsible for locating and avoiding existing water, sewer, electrical and other utility lines or building over utility easements. It is the responsibility of the Owner to repair or replace utilities damaged during work on his or her Lot.
(b) Landscaping. All Lots shall be appropriately landscaped, including planting of grass or hydro mulch on the entire front and side yards and other plants in conformity with any Design Guidelines and other improvements on the Property in addition to complying with all governmental agency requirements. Homeowners are required to extend landscaping to the street or sidewalk where it is adjacent to the street. All landscaping shall be maintained in accordance with the requirements of the Declaration. Landscaping should consist of a combination of sodded turf areas, hydro mulched grass, and bed areas containing shrubs and ground cover. Side and ron areas shall be irrigated, sodden, or hydro mulched where there are no landscaping beds. expanses of mulch or bed areas without substantial shrub ON
eas containing shrubs and ground cover. Side and ron areas shall be irrigated, sodden, or hydro mulched where there are no landscaping beds. expanses of mulch or bed areas without substantial shrub ON groundcover plantin ok contrast colors 5 wees All landscaping and irrigation must be completed and ge no later thang t aah days following the completion of construction of a residence NG ae yee’ n° (c) Landscape Maintenance. The following practices are suggested to help minimize cceptable. Stone or gravel mulch with harsh, KN maintenance problems.
e Plants should be chosen with regard to the region’s climate and their ultimate size, shape and growth rates.
e Plants and irrigation heads shall be located out of the path of pedestrian/bicycle traffic.
¢ Irrigation systems should be maintained. Such maintenance should include draining and servicing sprinkler systems and conducting operational checks on a weekly basis to ensure proper performance of the system.
e Fertilization, weed and pest controls, etc. should be provided only as oN for optimum plant growth. J o?
coe » ome shall not grade their property in a manner that j Gres with the e a" drainage pattern over any property, except as approved IRR ore by the Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 24 of 31 2022 - 17346 05/17/2022 01:33 PM Page 25 of 32 ACC. Owners should work. with the natural contours and seek solutions that minimize the impact of grading vigor to major alterations of existing grades. cot Be on. and swales may be used to define spaces, screen undesir aes. and reduc and high winds but should not exceed three (3) feet of non wore to one (1)
or to major alterations of existing grades. cot Be on. and swales may be used to define spaces, screen undesir aes. and reduc and high winds but should not exceed three (3) feet of non wore to one (1) foot\ vertical height (3.1 slope). This will permit greater ease oN Meine and general maintenance. Extensive cut/fill slopes are discouraged. Fill slopes shall not exceed 3:1. Cut slopes may be 3:1 if the soil’s natural angle of repose allows.
Terracing which utilizes retaining walls may be used where the space cannot accommodate the maximum slope, provided that retaining walls shall not exceed four (4) feet in height, with a minimum of five (5) feet between adjacent walls. Retaining wall locations are subject to ACC approval.
(e) Drainage. Existing and proposed drainage and grading shall be indicated on the Site Plan. Owners shall not interfere with the established drainage pattern over any property except as approved in writing by the ACC. Homeowners may make drainage modifications to their Lots provided that they do not alter the established drainage pattern. Landscape plans shall conform to the established dyginage pattern, shall cause water to drain away from the foundation ey) of the house, and sh 3 water from flowing under or ponding near or against S0o foundation. Way shall flow fully over walkways, sidewalks or driveways into hed retainage af Obstruction of surface flows resulting in a backup of water: any on or engineer as part of landscaping or improvement plan approval. As defined above, accepted erosion control measures shall be used during construction to reduce adverse silting impacts downstream.
ainage engineer as part of landscaping or improvement plan approval. As defined above, accepted erosion control measures shall be used during construction to reduce adverse silting impacts downstream.
(f) Right to Waiver or Modify Specific Instruction Provisions. The ACC shall have the right, in its discretion, to grant reasonable waivers of the construction provisions set forth in this Declaration, and any such waiver shall not entitle any other person to a similar waiver.
Section 3.9 Declarant Rights. So long as Declarant owns any Lot, Declarant may exercise any of the rights of the ACC under this Article 3.
ARTICLE 4 MAINTENANCE PROVISIONS oe eee co’ the AA and other Structures thereon in a clean, first class nny )Swner shall Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 25 of 31 Section NO OQwner’s Obligations to Maintain. Each Owner shall oe ead? and 2022 - 17346 05/17/2022 01:33 PM Page 26 of 32 regularly mow grass and maintain the landscaping on its Lot in good condition at all times. Each Owner shall maintain thee rior of all Residences and Structures in good condition and 3S make such wee replacements as necessary to maintain good order and the Xe etic P harmony of ghCPYSperty. \o ot of WWrction 4.2 Damaged Improvements. If any Residence or sind is damaged in any way, the Owner shall immediately repair such damage or, in the case of substantial damage when the Owner does not wish to rebuild, raze the damaged Structure or Residence and remove the same and leave the surface of the Lot in good order.
Section 4.3. Declarant/Association Right to Perform. If any Owner fails to maintain
rebuild, raze the damaged Structure or Residence and remove the same and leave the surface of the Lot in good order.
Section 4.3. Declarant/Association Right to Perform. If any Owner fails to maintain the condition of its Lot, the landscaping thereon, including the prompt removal of deceased trees and shrubs, or the Residence or other Structures thereon as contemplated by this Article 4 and fails to take action to correct such defect within ten (10) days after the Declarant or the Association has furnished written notice thereof to such Owner, then the Owner of such Lot hereby grants permission to the Declarant or Association (or its duly authorized agents) to enter upon such Lot and perform those duties which the Owner failed to perform without liability whatsoever to such Owner or any Person for trespass, conversion, or any claim for damages.
The cost of performing ane anes shall be added to the Owner’s assessment account and > bear interest at the r ighteen percent (18%) per annum (but not in excess of the maximum rate),* yable upon demand, and shall be secured by lien. O tion 4.4 Easement Maintenance. Each Owner grants to they ABation, the Board, and the Declarant, the right to access, repair and maintain all facilities and improvements within any wall, entry fence, landscape or other similar easement as recorded on any Plat. By acquisition of a Lot, each Owner hereby grants, creates and conveys unto the Association, the other adjacent Owners and the Declarant a perpetual Drainage Easement (herein so called) over, through, under and across the Owner’s Lot for the purpose of permitting runoff and/or storm water to drain from other adjacent Lots over, through, under and across the Owner’s Lot(s).
so called) over, through, under and across the Owner’s Lot for the purpose of permitting runoff and/or storm water to drain from other adjacent Lots over, through, under and across the Owner’s Lot(s).
Without limiting the foregoing, in order to facilitate drainage from the Property subject to the Declaration over, through, under and across the Owner’s Lot, each Owner hereby agrees that the Declarant or the Association, as the case may be, shall have the right to enter onto the Owner’s Lot at any time to (i) prevent possible interference with the Drainage Easement and to remove possible hazards from the Drainage Easement area, (ii) prevent the construction or placement of any building, structure or other obstruction within the Drainage Easement area which may endanger or interfere with the efficient and convenient use of the Drainage Easement, (iii) grade, improve, construct, recent repair and perpetually maintain swales within the Drain s Easement area, and r regrade portions of the Drainage Easement area neceysGUY me SVernmental authorities. Notwithstanding any of the roeaeoh ights of the Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 26 of 31 2022 - 17346 05/17/2022 01:33 PM Page 27 of 32 Association or the Developer, each Owner hereby agrees to maintain the Drainage Easement area at such Owner’s sole co expense. If any structures or other obstructions are conse created or placed hy y Owner within the Drainage Easement area without the nO en consent of hen or the Declarant, the Declarant or the Association shall wor? right to
s or other obstructions are conse created or placed hy y Owner within the Drainage Easement area without the nO en consent of hen or the Declarant, the Declarant or the Association shall wor? right to remoye structure or obstruction at the sole cost of such Owner. Wee o remove the eos or the obstruction shall be charged to the Owner’s assessment unt, be payable on demand, and shall be secured by lien.
ARTICLE 5 COVENANT FOR ASSESSMENTS 5.01 Creation of the Lien and Personal Obligation of Assessments. Each Lot Owner, upon joining the Association, shall covenant and agree to pay to the Association (or to an entity or collection agency designed by the Association): (1) annual maintenance assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided; (3) individual special assessments levied against individual Lot Owners to reimburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts of the individual Lot Owner and not caused by ordinary wear and tear, Pera to be fixed, established and collected from time to time as hereinafter provid nnual, special capital, and special individual assessments, toge@!
with such inter spNhéreon and costs of collection thereof as hereinafter provided BY ea charge on sxGaind and shall be a continuing lien upon each Lot against NW each such ass is made. Each such assessment together with interest thereon age of collection thereof as hereinafter provided, shall also be the continuing personal obligation of the person who was the Lot Owner of such Lot at the time when the assessment fell due.
5.02 Purpose of Assessments. The assessments levied by the Association shall be used
nuing personal obligation of the person who was the Lot Owner of such Lot at the time when the assessment fell due.
5.02 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety and welfare of the residents of the Properties, and in particular for the improvement and maintenance of the entryway, landscaping, perimeter brick wall and insurance in connection with the Common Properties and the repair, replacement and additions thereto; and for paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of the Common Properties; for carrying out the duties of the Board of Directors of the Association as set forth in the Bylaws; and for carrying out the purposes of the Association as stated in its Articles of Incorporation.
5.03 Basis and AmopoigQibnual Maintenance Assessments. con’ (a) CommeéfOig with the year beginning January 1, 2008, and each vear gad. the a of Directors, at its annual meeting the preceding Ja > and each Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 27 of 31 2022 - 17346 05/17/2022 01:33 PM Page 28 of 32 respectiye January |. thereafter, may set the amount of maximum annual assessment for the followi SS, for each Lot, provided that the maximum annual assess QO may not Ne Wicreased more than ten percent (10%) above the maximum me sagen for the previous year unless otherwise approved by a BO? of the S no of the Association's Members. ao (b) Notwithstanding anything herein contained to the contrary, prior to January 1, 2008,
me sagen for the previous year unless otherwise approved by a BO? of the S no of the Association's Members. ao (b) Notwithstanding anything herein contained to the contrary, prior to January 1, 2008, the maximum assessment chargeable against any Lot for which a full assessment is payable shall not exceed $500.00 per year.
(c) The Association's Board of Directors may fix the actual annual assessment at an amount equal to or less than the then-existing maximum annual assessment. The Board of Directors may provide that annual assessments shall be paid semi-annually or annually on a calendar year basis. Written notice of the annual assessment to be paid by each Member shall be sent to every Member, but only to one (1) joint owner.
5.04 Special Assessments for Capital Improvements and Special Individual Assessments.
(a) In addition to the annual assessments authorized by Section 5.03 hereof, the Association may Igyy in any assessment year a special capital assessment for the reconsttugNon, unexpected repair or replacement of capital improvemeug upon Canton Properties, including the necessary fixtures and personal goes related yomerete: provided that any such assessments shall have the affine pproval of a majority of the votes of the Members who are voting in person or by proxy at a meeting duly called for that purpose, as provided in Article II of the Bylaws.
* ea (b) Upon an affirmative vote of a majority of the Members of the Board of Directors of the Association, the Association may levy special individual assessment against individual Lot Owners for reimbursement for repairs occasioned by the willful or negligent acts of such individual Lot Owners and not ordinary wear and tear.
levy special individual assessment against individual Lot Owners for reimbursement for repairs occasioned by the willful or negligent acts of such individual Lot Owners and not ordinary wear and tear.
5.05 Date of Commencement’ of Assessments; Due Dates: The annual maintenance assessments provided for herein shall commence on the date fixed by the Association to be the date of commencement and, except as hereinafter provided, shall be payable annually, semi-annually, in advance, on the first day of each payment period thereafter, as the case may be and as the Board of Directors shall direct. The first annual maintenance assessment shall be prorated for the balance of the calendar year in which it is levied.
5.06 Duties of re gOS Directors with Respect to Assessments. 2 we we Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 28 of 31 oN co’ 2022 - 17346 05/17/2022 01:33 PM Page 29 of 32 (a) The Board of Directors of the Association shall fix the date of commencement and the amount of sessment against each Lot for each assessment period at leaaho thirty GQ Sin advance of such date or period and shall, at that time, pr a os e Lots and assessments applicable thereto which shall be ke “oY office ye e Association.
(b) Written notice of the assessment shall thereupon be delivered or ele to every Owner.
(c) The Board of Directors shall upon demand at any time furnish to any Owner liable for said assessments, a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. A
ed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. A reasonable charge may be made by the Board for the issuance of such certificates.
(d) The Boards of Directors will furnish an annual report.
5.07 Effect of Non-Payment of Assessment; the Personal Obligation of the Owner; the Lien; Remedies of Association.
(a) If any aneghheen part thereof is not paid by the date(s) when due, then the oN unpaid am ch assessment shall become delinquent and shall, together ngyae ms aoe and cost of collection thereof as hereinafter provided ron c continuing lien on the Lot of the non-paying Owner whic NVbind such yee the Owner of such Lot and his heirs, executors, devisees, p representatives and assigns. The Association shall have the right to reject partial payments of an assessment and demand the full payment thereof. The personal obligation of the then existing Owner to pay such assessment, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. However, the lien for unpaid assessments shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may waive or otherwise escape liability for the assessment provided herein by non-use of the Common Properties or abandonment of his Lot.
(b) The Association may give written notification to the holder(s) of the mortgage on the Lot of the non-paying Owner of such Owner's default in paying any assessment when such default has not been cured within thirty (30) days after the date such assessment was due.
(c) If any aot part thereof is not paid when due, the unpaid amount GPP
lt in paying any assessment when such default has not been cured within thirty (30) days after the date such assessment was due.
(c) If any aot part thereof is not paid when due, the unpaid amount GPP assess all bear interest from the date of delinquency at a rate equal toghOresser a en eet (15%) per annum or the maximum lawful rate, and ssociation Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 29 of 31 2022 - 17346 05/17/2022 01:33 PM Page 30 of 32 may, at its election, bring an action at law against the Owner personally obligated to pay the same in to enforce payment and/or to foreclose the lien against the 0 property suyj&e? thereto, and there shall be added to the amount of such u egg and all costs of collection incurred by the Associatig, goin ye nable attorney's fees. \) ao 5.08 Subordination of the Lien Mortgages. The lien of the assessments provided for herein shall be subordinate and inferior to the lien of any bona fide first lien mortgage or deed of trust now or hereafter placed upon the Lots subject to assessments; provided however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale, whether public or private, of such property pursuant to the terms and conditions of any such deed of trust. Such sale shall not relieve such Lots from liability for the amount of any assessment thereafter becoming due nor from the lien of any such subsequent assessment.
5.09 Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) All properties sy and accepted by the local public authority and developed for public use. .| (b) All Comm es coe
eclaration shall be exempted from the assessments, charge and lien created herein: (a) All properties sy and accepted by the local public authority and developed for public use. .| (b) All Comm es coe (c) All ae in GF Property which are owned by Declarant. aX N ow (THE REMAINDER OF THIS PAGE IS INTENTIONALLY vt BLANK) oo oot Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 30 of 34 2022 - 17346 05/17/2022 01:33 PM Page 31 of 32 IN WITNESS WHEREOF, THE UNDERSIGNED DOES HEREBY EXECUTE THIS AMENDMENT ON Bee OF THE ASSOCIATION, EFFECTIVE THE 12th DAY A JANUARY, 2022\ xO Or Kv Pray Winer Estates Homeowners Association, Inc., yo” a TeXas nonprofit corporation BY. 2 We Brant Stovall, President THE STATE OF TEXAS § § COUNTY OF JOHNSON § Before me, the undersigned, a Notary Public in and for said State, on this day personally appeared Brant Stovall, President of the Prairie Timber Estates Homeowners Association, Inc., known to me to be the person and director whose name is subscribed to the foregoing instrument and acknowledges to me that the same was the act of said Assgefation for the purposes and consideration therein expressed SN and in the capacity tated. coe a Giv, one: my hand and seal of office this the cay day of fees ; 2022, ~.O yy?
f Ma (ine Notary Public State of Texas My Notary ID # 5796472 Expires August 27, 2023 After Recording Return to: Brittani W. Rollen McDonald Sanders, P.C.
777 Main Street, Suite 2700 Fort Worth, Texas 76102 \ coe’ N a or® \ * . ~cNO of on Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 31 of 31 2022 - 17346 05/17/2022 01:33 PM Page 32 of 32 oo
Third Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 31 of 31 2022 - 17346 05/17/2022 01:33 PM Page 32 of 32 oo ve Instrument Number: 2022 - 17346 goo” oO wee yn Real Property Recordings Recorded On: May 17, 2022 01:33 PM Number of Pages: 32 " Examined and Charged as Follows: " Total Recording: $146.00 com con’ go” * oo wee yn Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 2022 - 17346 Record and Return To: Receipt Number: 20220517000145 MCDONALD SANDERS Recorded Date/Time: May 17, 2072 e43 PM 777 MAIN ST, STE 2700 os User: Heidi R \ Station: gor FORT WORTH TX ah cr?
OF TEXAS Le sxe A > no “Nohnson County \) I hereby certify that this Instrument was filed in the File Number se{uence on the date/time printed hereon, and was duly recorded in the Official Records of Johnson County, Texas Becky Ivey Johnson County Clerk < Sw a.
Johnson County, TX