STATE OF TEXAS COUNTY OF COLLIN NOTICE OF FILING OF DEDICATORY INSTRUMENTS cos cos cos FOR Park Trails Homeowners Association, Inc.
KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Park Trails Homeowners Association, Inc. is made this 5th of July 2012, by Park Trails Homeowners Association Inc.
WITNESSETH: WHEREAS, Park Trails Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about May 13, 2005, Volume 5918, Page 04206, Real Property Records of Collin County, Texas, together with any other filings of records (if any).
WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.00% of the Texas Property Code.
NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
Unofficial IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date
ce with the requirements of Section 202.006 of the Texas Property Code.
Unofficial IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.
Park Trails Homeowners Association, Inc.
Лини Duly Authorized Agent ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Mark Southell Duly Authorized Agent of Park Trails Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.
SUBSCRIBED AND SWORN TO BEFORE ME on this NOTARY PUBL STATE OF TEXA AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 MARY HARVEY NOTARY PUBLIC STATE OF TEXAS 5th day of MY COMM. EXP. 9-20-2015 2012.
Mary Hay Notary Public State of Texas My Commission Expires EXHIBIT A PARK TRAILS HOMEOWNERS ASSOCIATION, INC.
SOLAR DEVICE POLICY ENERGY EFFICIENT ROOFING POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume 5918 Page 04206, Official Public Records of Collin County, Texas, as amended (the "Covenant").
Note: Texas statutes presently render null and void any restriction in the Covenant which prohibits the installation of solar devices or energy efficient roofing on a residential lot.
architectural approval authority under the Covenant has adopted this policy in lien of an
e Covenant which prohibits the installation of solar devices or energy efficient roofing on a residential lot.
architectural approval authority under the Covenant has adopted this policy in lien of an prohibition against solar devices or energy efficient roofing, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A.
DEFINITIONS AND GENERAL PROVISIONS 1. Solar Energy Device Defined. A "Solar Energy Device" means a system or series of mechanisms designed primarily to provide heating or cooling on to produce electrical or mechanical power by collecting and transferring solar-generated energy The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
Unofficial 2. Energy Efficiency Roofing Defined. As used in this Policy, "Energy Efficiency Roofing" means shingles that are designed primarily to: (a) be wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (c) provide solar generation capabilities.
3. Architectural Review Approval Required. Approval by the architectural review authority under the Covenant (the "ACC") is required prior to installing a Solar Energy Device or Energy Efficient Roofing. The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval (ii) supervising the installation or construction to confirm compliance with an approved application; or (iii) the compliance of approved application with governmental codes and ordinances, state and federal laws.
SOLAR ENERGY DEVICE PROCEDURES AND REQUIREMENTS
compliance with an approved application; or (iii) the compliance of approved application with governmental codes and ordinances, state and federal laws.
SOLAR ENERGY DEVICE PROCEDURES AND REQUIREMENTS During any development period under the terms and provisions of the Covenant, the architectural review approval authority established under the Covenant need not adhere to the terms and provisions of this Solar Device Policy and may approve, deny, or further restrict the installation of any Solar Device. A development period continues for so long as the Declarant has reserved the right to facilitate the development, construction, size, shape, composition and marketing of the community.
1.
Approval Application. To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the "Solar Application"). A Solar Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Solar Application.
2.
Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. The ACC will approve a Solar Energy Device if the Solar Application complies with Section B.3 below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section B.3, will create a condition that substantially
complies with Section B.3 below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section B.3, will create a condition that substantially interferes with the use and enjoyment of the property within the community by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The ACC's right to make determination in accordance with the foregoing sentence is negated if all Owners of property immediately adjacent to the Owner/applicant provide written approval of the proposed placement.
Notwithstanding the foregoing provision, a Solar Application submitted to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association will not be approved despite compliance with Section B.3. Any proposal to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.
Unofficial Each Owner is advised that if the Solar Application is approved by the ACC, installation of the Solar Energy Device must: (i) strictly comply with the Solar Application; (II) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Solar Energy Device to be installed in accordance with the approved Solar Application, the ACC may require the Owner to: (i) modify the Solar Application to accurately reflect the Solar Energy Device installed on the property; or (ii) remove the Solar Energy Device and reinstall the device in accordance with the
ner to: (i) modify the Solar Application to accurately reflect the Solar Energy Device installed on the property; or (ii) remove the Solar Energy Device and reinstall the device in accordance with the approved Solar Application. Failure to install a Solar Energy Device in accordance with the approved Solar Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Solar Application or remove and relocate a Solar Energy Device in accordance with the approved Solar Application shall be at the Owner's sole cost and expense.
Approval Conditions Unless otherwise approved in advance and in writing by the ACC, each Solar Application and each Solar Energy Device to be installed in accordance therewith must comply with the following: The Solar Energy Device must be located on the roof of the residence located on the Owner's lot, entirely within a fenced area of the Owner's lot, or entirely within a fenced patio located on the Owner's lot. If the Solar Energy Device will be located on the roof of the residence, the ACC may designate the location for placement unless the location proposed by the Owner increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the ACC. If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner's proposed location meets the foregoing
CC. If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner's proposed location meets the foregoing criteria. If the Solar Energy Device will be located in the fenced area of the Owner's lot or patio, no portion of the Solar Energy Device may extend above the fence line.
(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on the Owner's lot, then: (A) the Solar Energy Device may not extend higher than or beyond the roofline; (B) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device must be parallel to the roofline; (C) the frame, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.
C.
ENERGY EFFICIENT ROOFING The ACC will not prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient Roofing shingles: (i) resemble the shingles used or otherwise authorized for use with the community; (ii) are more durable than, and are of equal or superior quality to, the shingles used or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent property.
An Owner who desires to install Energy Efficient Roofing will be required to comply with the architectural review and approval procedures set forth in the Covenant. In conjunction with any such approval process, the Owner should submit information which will enable the ACC to confirm the criteria set forth in the previous paragraph.
PARK TRAILS HOMEOWNERS ASSOCIATION, INC.
Carol Sommers, Presid Duly Authorized Officer/Agent Carol Soumers Printed Name Unofficia NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR
the previous paragraph.
PARK TRAILS HOMEOWNERS ASSOCIATION, INC.
Carol Sommers, Presid Duly Authorized Officer/Agent Carol Soumers Printed Name Unofficia NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Park Trails Homeowners Association, Inc.
STATE OF TEXAS COUNTY OF COLLIN cos cos cos KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Park Trails Homeowners Association, Inc. is made this 5th of July 2012, by Park Trails Homeowners Association Inc.
WITNESSETH: WHEREAS, Park Trails Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about May 13, 2005, Volume 5918, Page 04206, Real Property Records of Collin County, Texas, together with any other filings of records (if any).
WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
Unofficial
pies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
Unofficial IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.
Park Trails Homeowners Association, Inc.
Линти Duly Authorized Agent ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Mack Southere Duly Authorized Agent of Park Trails Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.
SUBSCRIBED AND SWORN TO BEFORE ME on this NOT AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 MARY HARVEY NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 9-20-2015 5th day of July 2012.
Mary Hamey Notary Public State of Texas My Commission Expires EXHIBIT A PARK TRAILS HOMEOWNERS ASSOCIATION, INC.
RAINWATER HARVESTING SYSTEM POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume 5918, Page 04206, Official Public Records of Collin County, Texas, as amended (the "Covenant").
Note: Texas statutes presently render null and void any restriction in the Covenant which prohibit the installation of rain barrels or a rainwater harvesting system on a residential lot. The Board and/or the
exas statutes presently render null and void any restriction in the Covenant which prohibit the installation of rain barrels or a rainwater harvesting system on a residential lot. The Board and/or the architectural approval authority under the Covenant has adopted this policy in liew of any express prohibition against rain barrels or rainwater harvesting systems, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A.
ARCHITECTURAL REVIEW APPROVAL REQUIRED.
Approval by architectural review authority under the Covenant (the ACC") is required prior to installing rain barrels or rainwater harvesting system on a residential lot (a Ramwater Harvesting System"). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.
B.
Unofficial 1.
RAINWATER HARVESTING SYSTEM PROCEDURES AND REQUIREMENTS Approval Application. To obtain AC approval of a Rainwater Harvesting System, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Rainwater Harvesting System; and (ii) a description of the Rainwater Harvesting System, including the color, dimensions, manufacturer and photograph or other accurate depiction (the "Rain System Application"). A Rain System Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Rain System Application.
2.
A Rain System Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Rain System Application.
2.
Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Rain System Application submitted to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.
Each Owner is advised that if the Rain System Application is approved by the ACC, installation of the Rainwater Harvesting System must: (i) strictly comply with the Rain System Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Rain System Application to be installed in accordance with the approved Rain System Application, the ACC may require the Owner to: (i) modify the Rain System Application to accurately reflect the Rain System Device installed on the property; or (ii) remove the Rain System Device and reinstall the device in accordance with the approved Rain System Application. Failure to install a Rain System Device in accordance with the approved Rain System Application or an Owner's failure to
d reinstall the device in accordance with the approved Rain System Application. Failure to install a Rain System Device in accordance with the approved Rain System Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Rain System Application or remove and relocate a Rain System Device in accordance with the approved Rain System shall be at the Owner's sole cost and expense.
3.
Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, each Rain System Application and each Rain System Device to be installed in accordance therewith must comply with the following: (i) The Rain System Device must be consistent with the color scheme of the residence constructed on the Owner's lot, as reasonably determined by the ACC.
(ii) The Rain System Device does not include any language or other content that is not typically displayed on such a device.
(iii) The Rain System Device is in no event located between the front of the residence constructed on the Owner's lot and any adjoining or adjacent stree (iv) There is sufficient area on the Owner's lot to install the Rain System Device, as reasonably determined by the ACC.
Unofficial (v) If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rain System Device. See Section B. 4 for additional guidance.
4.
Guidelines for Certain Rain System Devices. If the Rain System Device will be installed on or
materials used in the construction of the Rain System Device. See Section B. 4 for additional guidance.
4.
Guidelines for Certain Rain System Devices. If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rain System Device. Accordingly, when submitting a Rain Device Application, the application should describe methods proposed by the Owner to shield the Rain System Device from the view of any street common area, or another Owner's property. When reviewing a Rain System Application for Rain System Device that will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, any additional regulations imposed by the ACC to regulate the size, type, shielding of, and materials used in the construction of the Rain System Device may not prohibit the economic installation of the Rain System Device, as reasonably determined by the ACC PARK TRAILS HOMEOWNERS ASSOCIATION, INC.
Carl Sommers, President HOA Duly Authorized Officer/Agent Carol Sommers Printed Name 7-3-12 Date NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Park Trails Homeowners Association, Inc.
STATE OF TEXAS COUNTY OF COLLIN cos cos cos KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Park Trails Homeowners Association, Inc. is made this 5th of July 2012, by Park Trails Homeowners Association Inc.
WITNESSETH: WHEREAS, Park Trails Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of
Inc. is made this 5th of July 2012, by Park Trails Homeowners Association Inc.
WITNESSETH: WHEREAS, Park Trails Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about May 13, 2005, Volume 5918, Page 04206, Real Property Records of Collin County, Texas, together with any other filings of records (if any).
WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
Unofficial IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.
Park Trails Homeowners Association, Inc.
Мини Duly Authorized Agent ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Mark Southall
.
Park Trails Homeowners Association, Inc.
Мини Duly Authorized Agent ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Mark Southall Duly Authorized Agent of Park Trails Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.
SUBSCRIBED AND SWORN TO BEFORE ME on this NOTABL MARY HARVEY 5th day of July OF TE NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 9-20-2015 2012.
Mary Hany Notary Public State of Texas My Commission Expires AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251