Johnson County Becky Ivey County Clerk . O As . crx?
Recorded On: April oats Declaration sK\ nN ‘i Parties: W) \) Billable Pages: 27 To Number of Pages: 28 Comment: ( Parties listed above are for Clerks reference only ) Declaration 130.00 Total Recording: 130.00 con coe go . om yo” ye 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: Record and Return To: Document Number: 2018-8550 Receipt Number: 124962 MCDONALD SANDERS PC Recorded Date/Time: April 03, 2018, aRp7:20P 777 MAIN ST, STE 1300 oN Oo FT WORTH TX 76102 CG° User / Station: M Deg- CCL42 xO Qe certify that this instrument was filed on the date and time stamped hereon and was duly \y recorded in the Volume and Page of the named records in Johnson County, Texas.
Any provision herein which restricts the sale, rental or use of the described Real Estate because of color race is invalid and unenforceable under Federal law. < y io BECKY IVEY, COUNTY CLERK JOHNSON COUNTY, TEXAS SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS ye’: PRAIRIE TIMBER ESTATES\° STATE OF TEXAS § § KNOW BY ALL THESE PRESENT: COUNTY OF JOHNSON’ § This Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Prairie Timber Estates is effective October 22, 2015, by Prairie Timber Estates Homeowners Association, Inc., a Texas nonprofit corporation (hereafter referred to as the “Association’”).
WITNESSETH: WHEREAS, ok, defined in Section 1.2) is the initial developer of the a.
known as Prairie Tim ot oP?
ne, ae
nc., a Texas nonprofit corporation (hereafter referred to as the “Association’”).
WITNESSETH: WHEREAS, ok, defined in Section 1.2) is the initial developer of the a.
known as Prairie Tim ot oP?
ne, ae WH 1 cctarant has established a property owners seo Property, known rie Timber Estates Homeowners Association, Inc., a Texas Re 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, on July 29, 2013, the Owners voted to amend the Declaration at an annual meeting of the Association duly and properly called for such purpose, and 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; delivering the oak to all Owners in the Association for the purpose of a vorn other purposes, nd the Declaration; purp Eom ac eas the meeting of the Association was held on Septem p54 Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 1 of 27 WHEREAS, in aed Aj Declarant called an annual meeting of the Association ase st WHEREAS, during the meeting, David Ross, an Owner, called for a vote to amend the Declaration to add a provi ~ requiring propane tanks to be shielded and a deadline for landscaping to be rue new Residences; coe
uring the meeting, David Ross, an Owner, called for a vote to amend the Declaration to add a provi ~ requiring propane tanks to be shielded and a deadline for landscaping to be rue new Residences; coe weg than sixty-seven percent (67%) of the total allotted Owners Y the proposed amendments to the Declaration; oo e We cas 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 Instrument Number 2015-10353 in the real property records of Johnson County, Texas on May 19, 2015; voted i RY WHEREAS, in 2015, Successor Declarant 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; WHEREAS, the meeting of the Association was held on October 22, 2015; WHEREAS, during the meeting, David Ross, an Owner, called for a vote on the proposed amendment to the Declaration, which would decrease the square footage requirement on specified lots; J J WHEREAS yGPthan sixty-seven percent (67%) of the total allotted votes te Gefners voted in FavggN? decreased square footage requirement on specified lots in Oration REAS, the Association hereby desires to add Section 3 A(mNON to the Declaration and to amend Sections 3.4(b), 3.5(b)(2), and 3.8(b) of the Declaration; 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, Successor Declarant and the Association hereby desire to impose the covenants, conditions, restrictions and easements herein described upon Prairie Timber Estates.
ARTICLE 1 ESTABLISHMENT
and WHEREAS, Successor Declarant and the Association hereby desire 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 forth in this Declarati “Covenants”) for the purposes of establishing a general sc 33 development of gxbroperty enhancing the value of the Lots and Residences (de and establi git" Me com for residential use for the benefit of Declar.
(defing§ Below below), the Owners ). Declarant does not guarantee that all of these purposyy@X be accomplished Second Amended and Restated Declaration of Covenants, .
Conditions, and Restrictions For Prairie Timber Estates Page 2 of 27 through the creation and imposition of the Covenants. The Covenants touch and concern title to the Property, run with the o , and shall be binding upon all persons hereafter acquiring any portion of the myc? co seg Definitions The terms set forth below shall have aggre when used i wee eclaration; other terms are defined elsewhere herein and ve the meaning given (8% 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.
“Builder. oat any homebuilder constructing the initial Residence upon vow the norm. G ace of conducting its business for profit. yO
orporation.
“Board” means the Board of Directors of the Association.
“Builder. oat any homebuilder constructing the initial Residence upon vow the norm. G ace of conducting its business for profit. yO ao “Common Area” means those portions of the Property ayes ed in or on the lat that do not constitute Lots, Streets, Roads or Alleys. Accorditfgly, 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 a BO and {o execute any open space declarations applicable to the Commo Area which m mitted in order to reduce property taxes, and to take w er, steps as may oer to lawfully avoid or minimize the imposition of Vane state =afieen and/or income taxes. ir ye we Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 3 of 27
f Vane state =afieen and/or income taxes. ir ye we Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 3 of 27 “Declarant” means the FRJOB, L.P., including any affiliate of any Partner thereof and any other person fe entity who is designated as a successor Declarant in writing pursuant to Ne s in this Declaration. o® gate aration” shall mean the Declaration of Covenants, rns, and ersten for Prairie Timber Estates and any amendments a Q lements thereto overning the Prairie Timber Estates community or any sub-assocMtion, 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 Builder prior to (or in some cases, immediately) the conveyance of title from a Builder to the individual homeowner.
“HUD” mean ot US Department of Housing and Urban Development.
“Im a means any exterior changes, alterations or addition a i from ¢& tion at the time of purchase. ye oO ao \o v “Lot” means any of the individual platted building lots red Dted, 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.
“Owner” means any Person owning fee title to any Lot, but excluding any
means any Person who has been engaged and designated by the Board to manage the daily affairs and operations of the Association.
“Owner” 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” means any individual, corporation, limited liability company, partnership or other entity of any kind or types whatsoever.
Vv impose, cy ed in Section 3.3(d), additional or different restrictions ong hase If Page annexes additional property into the Property as provided AY designate ye yo” Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 4 of 27 the area annexed as a particular Phase, and may impose, as provided in Section 3.3(d), additional or different spinon on such area. 5 o?
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“Bg fens (i) initially, the Preliminary Plat, and thereafter the Fingy Set for any Rael the Property submitted to and approved by the appropri GON Ernment or yor er applicable governmental entity; (ii) after the ccrting ga the Final Plat or any Phase of the Property as recorded in the Records of John$6n 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.
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.
“Residence” means a single family detached residence constructed upon a Lot in conformance with this Declaration.
"Reviogegy Pietra control and design for Prairie Timber Estates is ese e by either dhe eclarant or (ii) the Design Review Committee. The term “Re er” is used j “Kes Design Guidelines. \e) oN e Design Guide on Y v “Screening Wall” means any wood or masonry fence of 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.
“Supplementary Declaration” means any Supplementary Declaration of Covenants, Conditions, and Restrictions affecting a particular Prairie Timber Pst Homeowners’ MOR on as recorded by the Declarant. cof so xO yo ye Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 5 of 27 “Vehicle” means any vehicle of any kind or type whatsoever, including any automobile, truck, myers boat, mobile home, motor home, boat trailer, or other kind \ of trailer. cor 69 o ye’ USEPROVISIONS —_, yO Section 2.1 Prohibited Uses and Activities.
g any automobile, truck, myers boat, mobile home, motor home, boat trailer, or other kind \ of trailer. cor 69 o ye’ USEPROVISIONS —_, yO Section 2.1 Prohibited Uses and Activities.
(a) Parking and Vehicle Restrictions. All Vehicles shall be parked, stored, or placed so as not to be visible from any street or from ground level view from an adjoining Lot, except for temporary parking in the driveway constructed on a Lot. No boat, trailer, marine craft, hovercraft, aircraft, recreational vehicle, off road, travel trailer, motor home, camper body or similar vehicle or equipment may be stored, parked or kept on any driveway, in the front yard or in the street in front of a Lot for more than 48 hours nor more frequently than two times per month, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any Residence. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery, or equipment temporarily parked and in use,for the construction, maintenance or repair of a Residence in the immediate vicinity. ken arking shall be limited to temporary parking of guests or j we of Owners durin S, delivery of services, and similar limited (no more than, wav oe hours) time se Trucks with tonnage in excess of one ton and Vehicle one or advert (QQisplays shall not be permitted to park overnight on the Suqepeveways, 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
argo 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 or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted on the Property which is not related to single-family residential purposes. This Section shall not be construed so as to prohibit the conduct of a reasonable amount of quiet, inoffensive in-home work, such as computer work, tutoring, or giving art or music lessons, or similar acti oe provided that such work or activity does not involve the, parking of vehicles <a es, consultants, or other parties other than the rato a Residence in questigh d does not involve the delivery or pickup of any materials ices.
Unless expr 4CNrmitted by the Declarant or the Board of the Association, oN may be maintaiggaon the Property. No noxious or offensive activity (as determing A) the Board) shall Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 6 of 27 be undertaken on the Property, and nothing shall be done which is or may become an annoyance or nuisance to the neighborhogd. Nothing in this Section shall prohibit a builder’s temporary use of residence as a sales ca il such builder’s last Residence on the Property is sold. co \
an annoyance or nuisance to the neighborhogd. Nothing in this Section shall prohibit a builder’s temporary use of residence as a sales ca il such builder’s last Residence on the Property is sold. co \ (c) Nea Animal Restrictions. Only regular household pets suclyg XS and dogs shall Kayenta on the Property and then only for personal use and Puany business use, such a¥ breeding, kennel operations and the like. No other animal shail 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 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 require ACC approval on a case-by-case basis. Dog runs shall be located within side or rear yards in such a way that they are not visible to neighbors or community open space.
The ACC will evaluate the proposed location and size of the dog run with consideration given its impact on adjacent properties and streets. Generally, dog run areas should not exceed three hundred (300) square feet in size and fence height should not exceed five (5) feet. The use of, underground invisible cot fencing is encouraged on a case-by-case basis. The gow fencing should be ighn iately adjacent to the home and compatible with the home 4 terial and color. Gaired chain-link fencing is prohibited. Dog runs shall be wakyeened from
compatible with the home 4 terial and color. Gaired chain-link fencing is prohibited. Dog runs shall be wakyeened from (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 other more than 18 hours prior to its scheduled collection day, and removed within 12 hours after the scheduled pickup. Trash, garbage or other waste, including broken or rusty equipment, disassembled or inoperative cards and discarded appliances and furniture, shall not be dumped on the ground of any Lot or in any Common Area. Compost heaps may be maintained only in reayyards unless otherwise approved in writing by the Board. J ? o?
Oo (f) Occ G . Each Lot shall be improved with a single family detached gteSence.
No Person she nbetupy any garage or other outbuilding at any time. ve oO yy? yn Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 7 of 27 (g) 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 write agg Be of the Declarant or the ACC. coe (h) ante Water/Sewer Systems. Each Residence shall be conegg water
ny projection through the roof of any Structure on the Property shall require the prior write agg Be of the Declarant or the ACC. coe (h) ante Water/Sewer Systems. Each Residence shall be conegg water and s ite Pstwer system, and no private water well or water, sanitary or sewer system is permite within the Property unless the Declarant constructs it. If Beclarant 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.
(i) Changes in Grade. Except for such changes as are reasonably necessary to facilitate construction of a Residence on a Lot, no Owner shall change the grade of any Lot except in compliance with all applicable laws. After Declarant has developed the Lots, the general grading, slope and drainage plan of a Lot may be altered, and no dams, berms, channels or swells may be constructed or excavated without the prior written approval of the Declarant (or the ACC), the City (if applicable) and other appropriate agencies having authority to grant such approval. R| 4 Ges ce, (j) Visi ctivities Outdoors. Outdoor drying of clothes in publig\view is prohibited. Legafshowers, rakes, carts and other yard equipment shall be store gg view from adjoining ss and Streets when not in use. yo (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
o 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, voices, animal noises, using or playing musical instruments, radios, stereos, television or any other audible device in such a manner that disturbs other homeowners.
(1) Temporary Structures. No structure of a temporary character, other than playhouses, such as a trailer, basement, tent, shack, barn or other out-building, shall be used on any of the Property at any time as a dwelling house; provided, however, that any homebuilder, may maintain and reo? odel houses, sales offices and construction trailers ee construction periadsy\ ‘ Qs eve yo O O vy Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 8 of 27 (m) Garage Sales. No garage sales may be held except on dates and times, and in accordance with written rules, prescribed by the ACC.
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or \G ARTICLE 3 OD ger CONSTRUCTION PROVISIONS eve Qrition 3.1 Plan Approval Required. No Residence or struct 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 Appointment. The ACC shall consist of three (3) members; at least one
have been approved in writing by the ACC or Declarant as provided in this Article 3.
Section 3.2 Establishment of ACC.
(a) Initial Appointment. The ACC shall consist of three (3) members; at least one member will be a representative of the developer, and the Declarant shall appoint the additional members of the ACC.
(b) Terms and Subsequent Appointments. The members of the ACC shall serve until they resign or are removed by the party appointing them to the ACC (which the appointing party may do at any time). es nt appointments to the ACC shall be made by the Declarant until such as the Declarant inquishes such power by the written notice to the Boar o Declarant no longer gee any Lot; thereafter appointments to and removals from the shall be made by t. WAS d. The ACC or Declarant may engage the services of a tiga) to review plans WYREifications pursuant to this Article. yo (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 one (1) copy of complete plans and specifications in 8-1/2” x 11” size or no larger than 11”x 17” to the ACC for its approval prior to commencing. Such plans and specifications shall include engineering information, landscaping description, and construction plans showing the location and elevations, square footage of the living area, brick percentage, roof pitch and floor plan showing garage area of the proposed Residence or Structure and the materials to be used in constructing the same, all in sufficient detail to enable the ACC to evaluate the are iN or Residence. Please do not send electrical, plumbing or oe
idence or Structure and the materials to be used in constructing the same, all in sufficient detail to enable the ACC to evaluate the are iN or Residence. Please do not send electrical, plumbing or oe plans. The ACC uest additional information, including samples or proposed, aN cot to aid it in its dedg process. After receipt of a complete set of plans and specifigenforts, a ACC shall Rgaey review the same and notify the Person submitting whethey i gyproves the plans or Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 9 of 27 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 ssa QR Fons shall be commenced on any portion of the oow unless and until thet or Declarant has approved the plans for the Residence or 3h re in question in wie. Procurement of applicable permits from other governmengg@Picies is the respo EAD of the Owner and shall be obtained prior to commencemeniyg@istruction Once begun, construction shall be completed expeditiously and in strict accSrdance 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 shall be the time frames of when exterior construction is allowed, which will be established by the Board of Directors.
(2) Construction Trailers, Shed, or Temporary Structures. All construction trailers, sheds, or temporary structures require ACC approval prior to installation. All such shelters shall be removed upon completion of
ion Trailers, Shed, or Temporary Structures. All construction trailers, sheds, or temporary structures require ACC approval prior to installation. All such shelters shall be removed upon completion of construction. Temporary living quarters for workmen are strictly prohibited.
(3) Sanitary, Facilities. The contractor shall be responsible for providin ws sanitary facilities for construction workers. It is the obligatigy . or contractors and subcontractors to leave the project site free BY trash, oO debris, unused materials and equipment. ev yo? (4) Construction Drainage. The Owner shall proyigenteinporary 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 parking of construction worker’s vehicles and/or equipment. Washing of vehicles and/or construction equipment on streets within Prairie Timber Estates is prohibited.
(6) Utility Disruption. If any telephone, cable TV, electrical, water or other utility lines are cut, it is the offending party’s obligation to report the incident the ACC and the affected utility provided. J o?
oO (b) Tiga Review/Approval. The ACC shall approve or disapprow plans submitted foggaGetruction within thirty (30) days after the date it receives a comnts set of plans and sRopeneations; if the ACC fails to specifically approve or disapprg yen? any plans within Second Amended and Restated Declaration of Covenants,
ays after the date it receives a comnts set of plans and sRopeneations; if the ACC fails to specifically approve or disapprg yen? any plans within Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 10 of 27 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 appray ?or the granting of, a variance for any aspect of constructi s of materials, or loggXotr of improvements, which would otherwise constitute a vida f the Covenants ongeDesign Guidelines. ve oO oO Ny Review Standards. The ACC, in reviewing and approvity) 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 imposed by an appropriate government agency where permit requirement or building code or regulation, the more restrictive provision shall govern.
(d) Design Guidelines/Building Standards. The Declarant or the ACC may, but is not required to, from time to time, establish specific guidelines and building standards to assist Persons in determining the type of Structures and Residences, which may be constructed on the Property. Declarant may annex additional Property to become a portion of the Property, and may develop the overall Property in various Phases. Declarant may establish differing
y be constructed on the Property. Declarant may annex additional Property to become a portion of the Property, and may develop the overall Property in various Phases. Declarant may establish differing restrictions, guidelines aro@t ding standards for each such Phase of the Property, whi oe impose more restrighve or less onerous building standards with respect to a particater hase.
The ACC orgiiaGirant may amend or modify such guidelines or standards fr Gn to time in guides fo permitted construction within the Property, but shall not diminish the authority of the 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 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 Degign Guidelines and the Tree Preservation Requirements and Streetscape Design ou If trash, debris, or spillage is not cleaned up, or capo protected or improv eas is not repaired, the ACC reserves the right to complete eS cfeanup or repairs Cj “aga and specifically assess all related costs to the contract ‘or Owner.
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aned up, or capo protected or improv eas is not repaired, the ACC reserves the right to complete eS cfeanup or repairs Cj “aga and specifically assess all related costs to the contract ‘or Owner.
wy © Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 11 of 27 Contractors and Owners are encouraged to notify the ACC of any potential issues related to compliance with approved aA J o?
Oo (g) Limigy Gs of Liability. Neither the Declarant, its officers, directors Selners, agents, emplega6s, representatives, parent or subsidiaries, nor the Association, J Nard, or the 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 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, it being the responsibility of the Person submitting any plans to assure compliance with all applicable laws. Conversely, the issuance of a building permit or any
ing code, or governmental regulation, it being the responsibility of the Person submitting any plans to assure compliance with all applicable laws. Conversely, the issuance of a building permit or any approval from any governmental authority shall not, under any circumstance, constitute any evidence that construction of 4 Residence or a Structure complies with the terms and conditions contained in this Decl teoXd any Design Guidelines. Declarant and members of the agen have no liability for. ons made by them regarding the approval or disapproval oP S, SO long as the de&is$dns are made in good faith and are not discriminatory, arbitrarggateapricious.
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Qwotion 3.4 Specific Construction Provisions.
(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.
(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 1 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 si-conditiong OR area as set forth by the ACC and as set forth in Section 3.
the following speci ts: (i) Block 4, Lot 14; (ii) Block 4, Lot 15; (iii) Block 4, lat ; (iv)
,500) square feet of, enclosed si-conditiong OR area as set forth by the ACC and as set forth in Section 3.
the following speci ts: (i) Block 4, Lot 14; (ii) Block 4, Lot 15; (iii) Block 4, lat ; (iv) Block 4, Lote&n¥) Block 4, Lot 18; (vi) Block 4, Lot 19; (vii) Block 4, Lot ae Block 4, Lot 240 lock 4, Lot 22; (x) Block 4, Lot 23; (xi) Block 4, Lot 2469 lock 4, Lot 25; Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 12 of 27 (xiii) Block 4, Lot 26; (xiv) Block 4, Lot 27; (xv) Block 4, Lot 28; (xvi) Block 4, Lot 29; (xvii) Block 4, Lot 30; (xviii) Block,4, Lot 31; (xix) Block 4, Lot 32; and (xx) Block 4, Lot 33. All Residences on Lots igo in the Prairie Timber Bridge shall have a minimum ge thousand (2,000) s eet of enclosed air-conditioned living area as set forth by thaw and as set forth iggafetion 3.5, except that all Residences located on Lots adjacent park shall have qyeeStnum number of two thousand five hundred (2,500) sausgy ee? of enclosed airconditi®ned 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 thereof. The main garage of the home may not face the street. However, if an additional garage is to be included and attached to the residence, it may face the street, but
garage constructed as a part thereof. The main garage of the home may not face the street. However, if an additional garage is to be included and attached to the residence, it may face the street, but must be set back from the front of the residence. This garage placement shall require ACC final approval. The garage should ke attached unless otherwise approved by the ACC. Any detached.
garages, including tho ee s that might be used for recreational vehicles or trailer shall only be allow, Oe rear yard area of the one acre or larger lots and must canis o the standards of g& GMiin residence for roofing, brick, color, and quality. All panes any such structyryg | require ACC approval. yo” (d) Drive/Walkway Requirements. All driveways and sidewalks 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.
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.
o? oe (f) Aw : and Overhangs. The use of awnings and overhangs regweACC approval pri stallation. The materials and colors shall be the same or segs recognized as beigg aShiplementary to the exterior of the building and will be yok directly to the Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 13 of 27
r of the building and will be yok directly to the Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 13 of 27 structure without requiring supporting columns or poles. Neither metal nor plastic awnings will be permitted. J J of oot (g) Decig i Balconies. ACC approval is required prior to the installation? deck the resi and, if painted, shall be painted a color similar to 9 yoy accepted as complementary to the residence. Decks and balconies shall be installed a¥'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 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.
(h) Patios. ACC approval is required for the construction of patio covers, open patios, and enclosed patios. Freestanding patio covers are acceptable, as approved, as are roof extensions (loggias). Patio cpvers and posts shall be constructed of wood or of a material generally recognized qs gjtplementary to the residence and shall be similar to or g os
approved, as are roof extensions (loggias). Patio cpvers and posts shall be constructed of wood or of a material generally recognized qs gjtplementary to the residence and shall be similar to or g os recognized as ae ntary in color to the exterior color of the residence. Open pasts ould be an integrak' of the landscape plan and should be located so activitieg¢a6lot create a as a color complementary to the color of the residence. Enclosed patios Shall be constructed of materials that are similar to or generally accepted as complementary to those 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.
(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 vse: detailing, and materials used in the initial construction, as prescribed herein. coe A coe C\O XO (k) GNSssor Structure Provisions. All ancillary Structures (as arabe below) shall cog to the requirements of this Section. ACC approval is requiygg yor to construction Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 14 of 27
ion. ACC approval is requiygg yor to construction Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 14 of 27 of any accessory structure, including but not limited to sheds and permanently installed playhouses. Applications for, accessory structures will be reviewed with regard to Lot size, setbacks, and primary Duy ~) size. Accessory structures should serve as functional eee and enhance the 35M ic qualities and visual theme of Prairie Timber Estates. a ssory structures su ‘fAutbuildings, permanent storage sheds, and gazebos shall be Kae in the rear yard gr Oh ation not prominently visible from the street, and shall yee to the standards herein.” No overhead electrical lines will be allowed to any accessory stfucture. 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.
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, stone veneer or masonry material and cannot be used in place of masonry material.
e An accessory structure’s roofing materials shall match those of the main residence. J e Acces Ouctures shall be no larger than 10’x12’, unless a variance is g7 e & @ssory structures shall conform to the side and rear yard setbacksQ ot ccessory structures shall not unreasonably obstruct any ape neighbor’s
all be no larger than 10’x12’, unless a variance is g7 e & @ssory structures shall conform to the side and rear yard setbacksQ ot ccessory structures shall not unreasonably obstruct any ape neighbor’s \) view.
e Accessory structures shall not have exterior walls taller than nine (9) feet, (not inclusive of garage structures).
e 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 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 oor of antennae that are permissible hereunder and stares reasonable, CA iminatory restrictions relating to safety, location and maine Ge f antennge xe television antennas and other antennas and aerials shall be kid inside the Of the residence constructed on the Lot. Amateur radio t and antennas ether for reception or transmission) are specifically prey ted. No exterior Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 15 of 27 television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot, Residence, or,Structure without prior written approval and authorization of the
television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot, Residence, or,Structure without prior written approval and authorization of the ACC. Satellite reer than one (1) meter in diameter are prohibited. The igen dish or ante Ge be placed in the rear or side yard in such a manner that oO agate wy” (2) Fences and Walls. The installation of fences and « 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 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 (excluding retaining walls described in (5) below) shall be at least six (6) feet in height and shall have a maximum height of six (6) feet, and shall be located in an area and constructed of stained wood privacy or iron materials in accordance with the provisions contained in any Design Guidelines. No fence or wall may be constructed repaired, rebuil row cated if it impedes or obstructs drainage. Low decoratiy, ow that are p. ¢) landscape design will be considered. Front yard landscape gv oe we oo
epaired, rebuil row cated if it impedes or obstructs drainage. Low decoratiy, ow that are p. ¢) landscape design will be considered. Front yard landscape gv oe we oo The Declarant reserves the right to mandate the use of tubUlar or wrought iron or other decorative fencing where the Declarant deems necessary to ensure 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.
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 soupy at any approved retaining wall. coe * ngno a CNO is Trash Containers. Trash, garbage or other waste shall WeXept except itary containers. All trash containers shall be screened {ynGiew from streets.
Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 16 of 27 Trash containers shall not be placed on the curb or alley more than 18 hours prior to its scheduled collection day and must be removed within 18 hours after scheduled collection day. All equip eB the storage or other disposal of such material shall be Eo
ley more than 18 hours prior to its scheduled collection day and must be removed within 18 hours after scheduled collection day. All equip eB the storage or other disposal of such material shall be Eo clean and, sqhi condition. Compost heaps may be maintained only ind yards unlesggyGehwise approved in writing by the ACC. ve oO yo? yr (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) feet in height, unless engineered by a licensed engineer in the State of Texas, there shall be a minimum of five (5) feet between adjacent walls, and walls shall be located so as not to alter established drainage patterns. Except for those built by Declarant or its affiliates, any retaining walls which generally face an alley or are either between Residences or, along or adjac side or rear property lines of Lots shall be constructed Kew treated lu q stone materials unless the ACC has otherwise provided py ritten appragnr xcept for those built by Declarant or its affiliates, any retai Neils which constructed of stone materials unless the ACC has otherwise Se vided prior written approval.
y retai Neils which constructed of stone materials unless the ACC has otherwise Se vided prior written approval.
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 installed pursuant to the designs set forth by the subdivision guidelines and the Unite States Postal Seo? curbside mailboxes. cof a ao Wad Tennis Court/Swimming Pool/Recreational Facilities. gins court, a seemining pool, spa and/or recreational facilities may be co within any Lot Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 17 of 27 provided the plans are approved by the ACC prior to commencement of construction to ensure compliance with the requirements contained in any Design Guidelines with respect to locatj yO screening The ACC will review requests for swimmin aos and pool gan on a case-by-case basis. Consideration will be given oN t not nece. Gs mited to, setback from and impact on neighboring propertigg ya the size of Dol enclosure. Fencing and walls around swimming pools must meet city
se basis. Consideration will be given oN t not nece. Gs mited to, setback from and impact on neighboring propertigg ya the size of Dol enclosure. Fencing and walls around swimming pools must meet city eras 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) temporary sign per Lot that advertises property, which stands no more than four feet (4’) high, which has dimensions of no more than five (5) square feet, and which is conservative in color and style. Temporary signs may be displayed only while the Lot/home is for sal¢ or lease and shall be removed when the property is no longer for sale or lease. aaa “Sold” sign will be allowed until the closing of the hom y * Ee or?
ye Political signage is allowed so long as it strictly complie ~ conditions set orth in any Design Guidelines as to number, location, when such Signs are allowed prior to the election, 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.
s 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 sign, billboard or adverising structure that does not comply with the above requirements and, in doing se, not be subject to any liability to any Person whatso N trespass, CO, ion, or any claim for damages in connection with such rem - The ACCg ‘ys to remove any sign shall be added to the Owner’s assesg&test account, is Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 18 of 27 placed by builders, traders, homeowners or other parties, placed in or on right-of-ways, thoroughfares, collecto J Common Areas, will be prohibited. If a violation does occur, the Declarant “em serves the right to remove the sign. com ar Owner shall provide address numbers or sign incomporatgg Gb \. design KR residence and clearly visible from the street. Painting of. s numbers on the Sr curb is prohibited. One security sign may be permitted ithe front yard located
bers or sign incomporatgg Gb \. design KR residence and clearly visible from the street. Painting of. s numbers on the Sr curb is prohibited. One security sign may be permitted ithe 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) Exterior Lighting. ACC approval is required prior to changing or adding exterior lighting. In reviewing lighting requests, the ACC will consider the visibility, style, location and quantity of the lighting fixtures. Landscape lighting fixtures shall be dark-colored so as to be less obtrusive and shall be as small in size as is reasonably practical. Low- on lighting is preferable to conventional house-voltage ca because of its s Sh antages All lighting shall be compatible with the archite nn residenca\ in ground up landscape lighting in the front yard (except pORsh oe vapor and produce a “moonlit” effect. Exterior ewe Ae ot produce “aoe direct illumination across a property line of an intensity ‘eye tes a nuisance or Boracts from the use or enjoyment of adjacent property. All exterfor holiday 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
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. SN planning and landscape design for energy conservation is encouraged. or? oo?
Re Latticework. Attached latticework or garden trellis 1 installed yon: approval, provided it is an integral part of the ansaringye lemon to Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 19 of 27 the exterior materials of existing structures. Freestanding latticework will be considered as a Gazebo (see “ON (13) wee Structures. Play structures shall be located in the rear YaN coe set agen muted earth tone colors and shall not exceed ei RAG feet in height.
Se houses larger than 30 sq. ft. or over six (6) feet in height Yhall 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. Basketball goals must have clear plexiglass backboards and black poles.
Approval is not required for the installation of recreational equipment in side and rear
ght-of-way or cul-de-sac is prohibited. Basketball goals must have clear plexiglass backboards and black poles.
Approval is not required for the installation of recreational equipment in side and rear yards, so long as the equipment is no taller than seven (7) feet.
Owners noe exercise consideration toward neighbors. Any recreational equipment shal Shock a reasonable distance from adjacent property lines eer avoid aoe OP ee oe \ ao WY Yard Ornaments. Yard ornaments, including, wo not limited to, \Drahouses, fountains, sculptures, statues and banners require ACC“approval.
(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 en and its accessory operating areas are screened from view o adjacent homes eyPrce and the vegetable gardens should not have excessive -) and plants, shN oF removed at the end of each growing season. No tall plans oe as corn aoe are allowed. eve O ye yy Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 20 of 27 (18) Sight Triangle Maintenance. Homeowners shall keep Property within traffic triangles free / all times of any object greater than eighteen (18) to twenty four
age 20 of 27 (18) Sight Triangle Maintenance. Homeowners shall keep Property within traffic triangles free / all times of any object greater than eighteen (18) to twenty four (24) inches in h s Loe oy o® yo Gazebos and Greenhouses. ACC approval is requ or to the ction of any gazebo or greenhouse. Any gazebo or BREW should be an eral 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.
(I) Fireplaces. All Residences shall include a built-in fireplace.
Section 3.5 Construction Materials. All construction materials shall conform to the following provisions: (a) Building Materials. Per the City Ordinance for the Subdivision, ninety percent (90%) of the total exterior wall area on the first floor of a residence shall be constructed of brick, stone, Portland cement stucco, masonry or other material approved by the Declarant or the cit excluded from thi ore All materials shall be subject to approval by f C in accordance € provisions in any Design Guidelines as to aesthetic appgat oe shall conformaa@hy and all governmental agency ordinances. yo?
The following are prohibited except with the express written consent of the ACC: e Metal structures such as sheds e 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
r 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: oe cow Dwelling Ve Gre. The living area of residential structures shall co east the foll AO cments > ye Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 21 of 27 (1) All Residences on % acre Lots located past the Prairie Timber Bridge te provide a ag@heonit of two thousand five hundred (2,500) square feet o encl rconditioned living area. ) (2), aN eer on | acre Lots located past the Prairie Eimber OSrn \G Be a minimum of three thousand (3,000) square fee MGlosed airyo” conditioned living area, except that all Residences on Aga Beated adjacent to hundred (2,500) square feet of enclosed air-conditioned living area, being the .
following identified Lots: a. Block 4, Lot 14; Block 4, Lot 15; Block 4, Lot 16; Block 4, Lot 17; Block 4, Lot 18; Block 4, Lot 19; Block 4, Lot 20; Block 4, Lot 21; Block 4, Lot 22; Block 4, Lot 23; see 4, Lot 24; con’ (Ee pega mono st Block 4, Lot 25; . Qs oe m. Block 4, Lot 26; ye yn n. Block 4, Lot 27; yo o. Block 4, Lot 28; p. Block 4, Lot 29; g. Block 4, Lot 30; r. Block 4, Lot 31; s. 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
ed 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; om 3, Lot 15; oo Block 3, Lot 16; Qs cx? or \ e. Block 3, Lot 17; and of Oo yy f. Block 3, Lot 18. yy Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 22 of 27 Section 3.6 Height yactions All Structures shall conform to the height restrictions of the governmental ES ll two-story Residences shall provide a minimum plate Jj aso nine (9) feet. All oe ory Residences shall provide a minimum plate line of ten ( JONett.
of 7 Roof Restrictions. The roofs of all single-story Raitt shall have at least a YO/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 | Construction Period and Process. Construction of any Residence shall be
atherwood, black, slate, or similar colorations. All other colors or types of roofing must be approved by the ACC.
Section 3.8 | Construction Period and Process. Construction of any Residence shall be pursued with all due diligence and, in any event, shall be completed within twelve (12) months after commencement. Requests for additional construction time must be submitted in writing for review and approval by the AGC. Construction of any other Structure shall be completed within the time periods mee e plan approval process. All areas under construction pee os Pp maintained in a cle € condition, and debris, trash, and rubble shall be stored i 104 riate containers wasn removed from the Property. ev’ Xe) oO a) Utilities and Utility Easements. Existing utilities and ati easements are located throughout Prairie Timber Estates. Prior to commencing construction, owners 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 ‘a ve hydro mulched grass, and bed areas containing shrubs om
dscaping shall be maintained in accordance with the requirements of the Declaration. Landscaping should consist of a combination of sodded ‘a ve hydro mulched grass, and bed areas containing shrubs om ground cover. Side a Nrens shall be irrigated, sodden, or hydro mulched where t no landscaping neh oe expanses of mulch or bed areas without substanti as oe or groundcover digs are unacceptable. Stone or gravel mulch with harsh, Kt er or high wer’ vee Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 23 of 27 contrast colors is prohibited. All landscaping and irrigation must be completed and installed no later than thirty (30) days one the completion of construction of a residence on a Lot.
o? oe (c) Lanatsbe Maintenance. The following practices are suggested to helpiysedmize maintenance gXy@h ms. ve we’ ° e Plants should be chosen with regard to the redtys 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.
e 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 required for optimum plant growth.
(d) Lot Grading. Owners shall not grade their property in a manner that interferes with the established a) attern over any property, except as approved in writing by t ACC. Owners shoul with the natural contours and seek solutions that mining OW impact of grading yah respect to major alterations of existing grades. . om N \
operty, except as approved in writing by t ACC. Owners shoul with the natural contours and seek solutions that mining OW impact of grading yah respect to major alterations of existing grades. . om N \ s, slopes and swales may be used to define spaces, scree Rirabile views, and reduce noise and high winds but should not exceed three (3) feet of horizontal distance to one (1) foot of vertical height (3.1 slope). This will permit greater ease of mowing 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 writingy the ACC. Homeowners may make drainage modifications iQ their Lots provided iyo not alter the established drainage pattern. Landscape 108 conform to the eg hed drainage pattern, shall cause water to drain away from speguncation of the hous shall prevent water from flowing under or ponding near o & st the house founda Water shall flow fully over walkways, sidewalks or drigdyQhys into established Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 24 of 27 retainage patterns. Obstruction of surface flows resulting in a backup of water onto any Lot or
enants, Conditions, and Restrictions For Prairie Timber Estates Page 24 of 27 retainage patterns. Obstruction of surface flows resulting in a backup of water onto any Lot or Tract is strictly of lpdsa eemed necessary, the ACC may require a report from a drainage engineer as part of oe 'g or improvement plan approval. As defined above, accayin erosion control mS shall be used during construction to reduce adverse ce Impacts downstream. neh oo yee 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 Section 4.1 | Owner’s Obligations to Maintain. Each Owner shall maintain its Lot and the Residence and other Stru fires thereon in a clean, first class condition. Each Owner shall regularly mow grass ate Ni the landscaping on its Lot in good condition at all time BS Owner shall many € exterior of all Residences and Structures in good conditio aio shal make such yo replacements as necessary to maintain good order ont e esthetic harmqnye he Property. yo Section 4.2 Damaged Improvements. If any Residence or Structure 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 epee ose duties which the Owner failed to perform without HabeNY whatsoever to such O Or any Person for trespass, conversion, or any claim for d 3 The cost of performfag uch duties shall be added to the Owner’s assessment accou ceot bear interest. yore rate of eighteen percent (18%) per annum (but not in exagnt the lawful maxirgeyynete), be payable upon demand, and shall be secured by lien. yo” Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 25 of 27 Section 4.4 Easement Maintenance. Each Owner grants to the Association, the Board and the Declarant, the Goe Jcess, repair and maintain all facilities and improvement aon any wall, eniy fepte andscape or other similar easement as recorded on acquisition t, Ca Owner hereby grants, creates and conveys unto th other yen Owners and the Declarant a perpetual Drainage Easement so called) over, througif under and across the Owner’s Lot for the purpose of permittiffg runoff and/or storm
eates and conveys unto th other yen Owners and the Declarant a perpetual Drainage Easement so called) over, througif under and across the Owner’s Lot for the purpose of permittiffg 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, (111) grade, improve, construct, reconstruct, repair and perpetually maintain swales within the Drainage Easement area, and (iv) or regrade portions of the Drainage Easement area necessary or appropriate to permit drainage as generally described herein or as approved or required by appropriate governmental au so. Notwithstanding any of the foregoing rights of the Association or the Dev Taos ach Owner hereby agrees to maintain the Drainage Easem oes at such Owner’s sqi\cOSt and expense. If any structures or other obstructions “ee oF created or p ae y any Owner within the Drainage Easement area vnagete 1or written consent ae Board. or the Declarant, the Declarant or the Association ya? ave the right to remove such structure or obstruction at the sole cost of such Owner. e cost to remove the
vnagete 1or written consent ae Board. or the Declarant, the Declarant or the Association ya? ave the right to remove such structure or obstruction at the sole cost of such Owner. e cost to remove the structure or the obstruction shall be charged to the Owner’s assessment account, be payable on demand, and shall be secured by lien.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) oot oo go go* O O vw vw Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 26 of 27 IN WITNESS WHEREOF, THE UNDERSIGNED DOES HEREBY EXECUTE THIS AMENDMENT ON BEHALF OF THE ASSOCIATION, EFFECTIVE THE 22nd DAY OF N OCTOBER, 2015.
a cor ro Prairie Tip fF Estates Homeowners Association, Inc., wo?
a TexgyWonprofit corporation yy President of the Association THE STATE OF TEXAS § i My Commission Expires AF 08/22/2020 exe ID No. 130788129 st § COUNTY OF JOHNSON § Before me, the undersigned, a Notary Public in and for said State, on this day personally appeared David Shipman, Jr., President of the Prairie Timber Estateg Homeowners Assogi , Inc., known to me to be the person and director cape name is suse he foregoing instrument and acknowledges to me tha ame was the ac Association for the purposes and consideration theiG™ pressed, and Nik acity therein stated. y ao Given under my hand and seal of office this the Zag day of March, 2018.
After Recording Return to: Brittani W. Rollen McDonald Sanders, P.C.
777 Main Street, Suite 1300 Fort Worth, Texas 7610 s s ; cr? o> of of > we Second Amended and Restated Declaration of Covenants, Conditions, and Restrictions For Prairie Timber Estates Page 27 of 27