SE a eee DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE REMINGTON PARK HOMEOWNERS ASSOCIATION STATE OF TEXAS § § COUNTY OF COLLIN § THE REMINGTON PARK HOMEOWNERS ASSOCIATION (the LLC, a Texas Limited Liability Company ("Declarant").
Land”); and WHEREAS, Declarant desire eclarant declares that the Land and such additional real ade subject to this Declaration is and shall be held, transferred, agCupied subject to the following covenants, conditions, restrictions, liens (sometimes referred to as “Covenants and Restrictions’’) hereinafter ARTICLE I DEFINITIONS 1.1 The following words when used in this Declaration or any Supplemental Declaration (unless the context shall otherwise prohibit) shall have the following meanings: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 of 28 (a) “Architectural Guidelines” shall have the meaning assigned to such term in Section 8.2 hereof.
(b) “Association” means and refers to the THE REMINGTON PARK HOMEOWNERS ASSOCIATION, INC. Prior to conveying any Lot to any other Owner, Declarant shall cause such entity to be organized as a Texas non-profit corporation.
(c) “Board of Directors” means the board of directors of the Assé (d) “Common Area” means the portion of the Land within the Land which are known, described or designateg intended for or devoted to, the common use and enjoymenté (e) “Common Improvements” means any Declarant within the Common Area, together with g made hereafter by the Association. © Improvements, collectively.
(g) “Compatible eg a usa schools, churches, recreational facilities, playing fields and an arant determines to be compatible with residential land use.
Improvements, collectively.
(g) “Compatible eg a usa schools, churches, recreational facilities, playing fields and an arant determines to be compatible with residential land use.
(h) “Declara ea ¢ D&clayént and its successors in interest to the Land either through (i) a vo position of all (or substantially all) of the assets of Declarant, (11) the vol mrmaent of any or all of the rights of Declarant as Declarant, or (if) ar™ j Declarant prio development of the Land as a residential community.
esor more Lots in the ordinary course of business shall be “Lot” means a residential lot shown as such on the Subdivision Plat and which is or is intended to be improved with a dwelling. Some portions of the Common Area may be platted as a “lot” on a recorded Subdivision Plat, however, these lots are expressly excluded from the definition of “Lot” as used herein.
(k) “Member” means a member of the Association.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 of 28 (1) “New Construction Committee” shall have the meaning assigned to such term in Section 8.1 hereof. The New Construction Committee is sometimes referred to herein as the “Committee”.
(m) “Owner” shall mean and refer to every Person or entity who is a record owner of a fee or undivided fee interest in any Lot, including contract sellers. If a Lot is owned in undivided interests by more than one Person, each owner shall pégn Owner for (n) “Person” means any natural person, corporation, joint association, trust or other legal entity.
ce, (0) “Property” means the Land and all imp existing or hereafter placed thereon.
(p) “Subdivision” means any subdivisio the filing of a map or plat thereof in the D nd Pl (r) : geans,(i) an amendment to this Declaration
ns the Land and all imp existing or hereafter placed thereon.
(p) “Subdivision” means any subdivisio the filing of a map or plat thereof in the D nd Pl (r) : geans,(i) an amendment to this Declaration subjecting Additional Land to this/Se¢clatation ‘and (ii) an amendment to this Declaration which imposes additional hQns ‘ portion of the Land already subject to this Declaration which may bé e d by the{ociation.
)f the Land may be made subject to this Declaration. Such addition may e recordation in the Official Public Records of Real Property of Collin County, Ke ya Supplementary Declaration, signed by Declarant, which shall extend the scheme of the Declaration to the Additional Land, automatically extending the jurisdiction, functions, rights, and duties of the Declarant, the Association (including membership therein), and the New Construction Committee to the Additional Land so added. If Declarant is not a Member immediately prior to the recordation of such Supplementary Declaration, then upon the recordation of such Supplementary Declaration, Declarant shall become a Class B Member. No DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 of 28 consent or approval of the Board of Directors or of any Owner shall be required in order to extend the scheme of this Declaration to the Additional Land. If the Additional Land is made subject to this Declaration, then, without the necessity of any further action, the Additional Land shall be included within the definition of the Land, and all other terms of this Declaration shall be modified as necessary to extend the coverage of this Declaration to the Additional Land. If the Additional Land is made subject to this Declaration and at any time thereafter any portion of the
all be modified as necessary to extend the coverage of this Declaration to the Additional Land. If the Additional Land is made subject to this Declaration and at any time thereafter any portion of the Additional Land owned by Declarant is not platted into residential Lots, for the purposes of determining at that time the number of votes Declarant is entitled to cast and whgthe Membership has ceased, Declarant shall be deemed to own four (4) Lots per full in such unplatted portion of the Additional Land owned by Declarant. Upon the platting of any such portion of the Additional Land owned by Declarant into resident number of votes Declarant is entitled to cast with respect to such Lots sh reference to the actual number of such Lots owned by Declarant. © ARTICLE III USE OF PROPERTY AND LOTS - PROTECT The Property and each Lot situated thereon shall be £onStructegf developed, occupied and used as follows: > 3.1 Residential Purposes. Each f (dey patible Use only. No Owner or Lot, or permit the same or any all have and reserves the right, at any time, or from ar any part of the Land to effect a reconfiguration of any Lots axgfit, and subject to obtaining any necessary approval, joinder or ounty and/or municipal authorities. The consent or approval of shall not be required for such re-platting.
Neither the Declarant nor its successors or assigns, shall be liable for, and each Owner hereby waives any right of recovery against Declarant, its successors and assigns for any loss of use of, or damage done to, any shrubbery, trees, flowers, improvements, fences, sidewalks, driveways, or buildings of any type or the contents thereof on any Lot caused by any water levels, rising waters, or drainage waters.
(b) After completion of building construction on a Lot, the Owner of such Lot
or buildings of any type or the contents thereof on any Lot caused by any water levels, rising waters, or drainage waters.
(b) After completion of building construction on a Lot, the Owner of such Lot DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 of 28 shall cause such Lot to be graded so that surface water will flow to streets, drainage easements, or Common Property across no more than one (1) other Lot. No Person shall obstruct or divert the natural drainage of the Land. Any applicable grading plan must be complied with in connection with the construction of a home on a Lot.
3.4 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is prohibited, except as necessary in conjunction with landscaping or construction offaprovements thereon.
same. All septic tanks shall be chemically treated or otherwise intervals, in conformity with good practice and procedure, and regulations established by the Board of Directors regarding the same.
regarding the same, and shall be kept at all times in compliance S landscaped with shrubbery so as to obs@ Property or from any other Lot.
8 No building or other structure an fifty (307feet to a front property line, twenty-five (25) feet to a side property discretiOy, and gémplates doing so with respect to Lots located adjacent to creeks, lakes and other Lots“wkert drainage is a necessary concern. Declarant may, from time to time, by appropriate instrument in writing and filed for record in Collin County, Texas, amend and alter the restrictions set out in this paragraph relative to the locations of improvements to be erected on the Lots.
3.10 Minimum Floor Area. The total air-conditioned living area of the main residential DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 of 28
ons of improvements to be erected on the Lots.
3.10 Minimum Floor Area. The total air-conditioned living area of the main residential DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 of 28 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 not be less than three thousand five hundred (3500) square feet, or the minimum habitable floor area as specified by the City of Fairview, whichever is greater.
3.11 Construction Requirements.
(a) All electric service shall be underground. No overheadfpqwer lines or telephone lines are permitted except as otherwise approved by Declarant.
hot tubs are permitted.
(c) No projections of any type shall be “cSt the roof of any structure with the exception of one or more c one or more vent stacks, without the explicit, written appr Committee for that particular structure.
do not face, and are not visible fra | “Cimon Areas. Free standing ' sk yards and only if they are not (e) Exterior colors, ¢ rim, brick, siding and other building materials are subject to the g of the Committee, in its sole and absolute discretion. All exterior fol materials must be compatible not only with the design motif but al&o jac¢nt and surrounding Lots, and overall community appearances. Colg ich be offensively or distressingly bright will not be o exterior building walls erected or constructed shall be clad or covered erials other than brick, brick veneer, stucco or stucco-like material, > siding in plank form (such as Hardi-Plank), stone or stone veneer. The Wall (except for the outside back wall which such materials shall constitute at least seventy percent (70%), excluding roofs, windows and doors, or unless
h as Hardi-Plank), stone or stone veneer. The Wall (except for the outside back wall which such materials shall constitute at least seventy percent (70%), excluding roofs, windows and doors, or unless otherwise approved by the Committee. A dwelling shall be placed on a Lot so as to face the street on which the Lot faces. The Committee reserves the right and authority to approve non-masonry materials for one DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 of 28 hundred percent (100%) of the outside walls of any house if the Committee determines that the quality and style of the structure are architecturally significant.
3.12 Garages. Each residence shall have a garage suitable for parking at least two (2) standard size automobiles. All garage doors shall be closed at all times when not in use.
Every garage and accessory building (except a greenhouse) shall correspond in style and architectural and exterior building materials with the dwelling to which it is appyftenant. Porte cocheres must be approved by the New Construction Committee. No carpow be built, placed, constructed or reconstructed on any Lot. As used herein, the term “carport deemed to include a porte cochere. No garage shall ever be changed, altered rece or otherwise converted for any purposes inconsistent with the garaging of a 3.13. Window Coolers. No window or wall type air oof be permitted to be used, erected, placed or maintained on any part’o written permission from ARC.
apparatus, or solar collector panels or equip erected and maintained in such a way that it j the public street right-of-way directly i Owner has received the explicit, writte size, location and screening of such app’ 3.15 Fences and Walls.
Committee prior to constructio Committee.
must have specific approval from the
f-way directly i Owner has received the explicit, writte size, location and screening of such app’ 3.15 Fences and Walls.
Committee prior to constructio Committee.
must have specific approval from the be wrought iron, unless approved by the In a ach Lot shall be fully landscaped within ninety (90) days after the Obtained for the dwelling constructed on such Lot. Thereafter, the the Architectural Guidelines. All such plans must be approved by the Committee*en-er before the date on which any alterations, changes or additions to any such landscaping are commenced. No more than twenty percent (20%) of any Lot that is not covered by the dwelling, garage, sidewalks and driveway may be covered by gravel without the explicit, itemized approval of the New Construction Committee. Wiles the Committee grants a variance, all front yards will be required to have at least 2, 4 ” caliper trees. All front yards and beds in the front and side yards shall be irrigated with a : sprinkler system.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 of 28 3.18 Mailboxes, Trash Receptacles and Collection. Each mailbox serving a Lot shall be of a design and material consistent with the design and material of the dwelling constructed on the Lot, shall be of a material listed in the Architectural Guidelines, and shall be located and constructed as approved by the New Construction Committee. Each Lot Owner shall make or cause to be made appropriate arrangements with the City of Fairview, Texas, for collection and removal of garbage and trash on a regular basis. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the City of Palyyiew, Texas, trash, garbage, or waste matter shall be kept in tightly sealed bags or other appro ainers
l observe and comply with any and all regulations or requirements promulgated by the City of Palyyiew, Texas, trash, garbage, or waste matter shall be kept in tightly sealed bags or other appro ainers which shall be maintained in a clean and sanitary condition. An Owner may phree tPagh o&the street curb abutting his or its Lot only on those days designated by the City g , Dexas 3s trash collection days. On all other days, an Owner must keep allAxg arbd Ne Waste material hidden from public view. No Lot shall be used ‘Kon (ge aerials whatsoever, except that building materials to be used in the co i pfovements wnepeed and may debris, or other erected on any Lot may be placed upon such Lot at the time con be maintained thereon through completion of construction.
waste matter of any kind shall be burned on any < te 3.19 Parking. On-street parking is x€ term guests and short-term invitees and shal as shall be adopted by the Board of D byt not storage, of automobiles in driveways 1s permitted.
erected or placed upon any Lot.
barn or any other structure or bu] placed or parked withi Declarant reserves th ect, place and maintain, and may in its sole discretion, d maintain, such construction, sale and presale facilities and perty as may be necessary or convenient in connection with and sale activities or as otherwise deemed acceptable to the 3.21 Signs, Flags and Other Yard Displays. No signs, emblems, flags or other yard displays shall be placed on any Lot to public view without the explicit, itemized approval of the New Construction Committee, as to form, content, and color, with the following exceptions: (a) An Owner may erect on his Lot one (1) sign of customary dimensions (2’ x 3’ maximum) fastened only to a stake in the ground and extending not more than three
color, with the following exceptions: (a) An Owner may erect on his Lot one (1) sign of customary dimensions (2’ x 3’ maximum) fastened only to a stake in the ground and extending not more than three DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 8 of 28 feet (3°) above the surface of the Lot in order to advertise his or its Lot for sale.
(b) Declarant may erect and maintain a sign or signs deemed reasonable and necessary for the construction, development, operation, promotion, leasing and sale of the Lots.
(c) An Owner may make the patriotic display of flags not exceeding 4’ x 6° in size in the yard of, and on the dwelling constructed on, his or its Lot.
(d) An Owner may place tasteful and traditional holiday displa the yard of, and on the dwelling constructed on, his or its Lot.
not more than six square feet (6 s.f.) in size per Lot for a such Lot. A builder may also use flags and a larger sign Mrs operation of a sales center or model homes on the Land if have received the specific approval of the New Const (f) Political signs no larger ee > x Q é Owner of such Lot advocating the elg (e) A builder of a dwelling on any Lot may Or: ong ppOfepsion® itical candidates or the such signs shall not be al be permitted so long as the sign is not ore than one sign for each child under the e{ling on a Lot shall be permitted so long as the sign is e sticker is not more than 4” x 4” in size. There shall be <cept that dogs, cats or other household pets may be kept; provided that they are not Kops ef or maintained for any commercial purpose. Horses, reptiles, ponies, goats, sheep, hogs, pigs, monkeys, chickens, ducks, peacocks, pigeons, guinea fowl, all feline animals, except domesticated cats, and exotic animals (such as llamas, emus, pot belly pigs, raccoons,
s, goats, sheep, hogs, pigs, monkeys, chickens, ducks, peacocks, pigeons, guinea fowl, all feline animals, except domesticated cats, and exotic animals (such as llamas, emus, pot belly pigs, raccoons, cheetahs) shall not be deemed as household pets and are expressly prohibited. If any animal may, in the sole discretion of the Board, endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Lots or Lots, such animal shall be removed upon request of the Board. If the owner of such animal fails or refuses to honor such request of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 of 28 the Board, the animal may be removed at the direction of the Board. The cost and expense of such removal, shall be the sole responsibility of the owner of the animal removed. Such cost and expense shall attach to and become part of the Assessment and be secured in the manner described in Article VII of this Declaration.
3.23 Drilling and Mining Operations. No oil or gas drilling, water drilling or development operations, oil or gas refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, gas wells, water wells, tanks, nels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other struc designed for 3.24 Duty of Construction.
(a) All construction on any Lot shall be co following the commencement of construction. For.
“commencement of construction” shall be deemed to me issued by the City of Fairview.
(b) In the event of destry individual Lot due to fire or ap Owner covenants and agrees to complete all necessary repairs q amaged improvements or remove all remaining improvements ear fOMowing the date that the damage occurs.
3.25. Maintenance of La
fire or ap Owner covenants and agrees to complete all necessary repairs q amaged improvements or remove all remaining improvements ear fOMowing the date that the damage occurs.
3.25. Maintenance of La (i1) Prompt removal of all litter, trash, refuse and waste; (iii) Lawn mowing, on a regular basis; (iv) | Tree and shrub pruning; (v) Watering landscaped areas; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 of 28 (vi) Keeping exterior lighting in working order; (vii) Keeping lawn and garden areas alive, free of weeds, and attractive; (vili) Keeping parking areas and driveways in good repair; (ix) | Complying with all government health and police requirements; (x) Repairing of improvements; (xi) Cleaning and maintaining of landscaped areas lying curbs and Lot lines, unless such streets or landscaped designated to be maintained by applicable governments Association; (xii) Maintaining all exterior surfaces; (xiii) Maintaining and repairing fencg g walls; and (xiv) Prompt removal o 4 Lot that contains or is (b) If, in the opinio has failed in any of the foregoi (10) days after receiving such arrangements with the Asspetets amd on which such work is performed shall jointly and cost of such work (such costs constituting a Special Section 7.5(b) hereof) and shall promptly reimburse the cost including a reasonable charge for administrative costs gr to the commencement of construction of a dwelling on such Lot. In connection we construction of a dwelling on such Lot, a builder or Owner shall have the right to remove any tree on the Lot that is located within (a) the building pads for the dwelling and garage, (b) sidewalks and driveways, (c) easements, and (d) a five foot (5°) buffer zone
have the right to remove any tree on the Lot that is located within (a) the building pads for the dwelling and garage, (b) sidewalks and driveways, (c) easements, and (d) a five foot (5°) buffer zone surrounding any of the foregoing. A builder (upon written request of the Owner or of a prospective Owner who has entered into a binding purchase agreement and construction contract with the builder covering such Lot) or Owner shall have the right to remove any juniper trees, mesquite trees and cedar trees with a trunk caliper of less than five inches (5”). A builder (upon DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 of 28 written request of the Owner) or Owner shall have the right to remove cedar trees with a trunk caliper of five inches (5”) or more, but must immediately thereafter replace the removed cedar tree with one or more hardwood trees having a combined trunk caliper equal to or greater than that of the removed cedar tree. No Person shall damage any other tree on a Lot. No Person shall destroy any other tree on, or remove any other tree from, a Lot unless such tree is dead, diseased or, because of its condition, otherwise presents a risk of damage to property or injury to person.
3.27 Maintenance of Common Property. The Association shall maint & Common Property, including, without limitation, any landscape buffer, open space and trail ipro%ements located on Common Property.
ARTICLE IV PROPERTY RIGHTS IN COMMON P 4.1 Title to the Common Property. The Declarant shall de simple title to the Common Property to the Associationfp Declarant’s initial construction of the Common dip it completion of may, in its sole discretion, subsequently dedicate and convey fe Association.
4.2 Owners’_Easement of Enjoynig abje e provisions of Section 4.3 of this
construction of the Common dip it completion of may, in its sole discretion, subsequently dedicate and convey fe Association.
4.2 Owners’_Easement of Enjoynig abje e provisions of Section 4.3 of this Article, every Owner and every tenant who resides with either of them, respe have a right and easement of use and enjoyment in and to the Common € ose portions thereof which have been designated as Exclusive Common exein Pfovided, and such easement shall be ation, the authority to assess fines against Owners violating such The Association is further authorized and empowered to prohibit The right of the Association to enter into and execute contracts with third parties (including the Declarant, or an affiliate of the Declarant) for the purpose of providing maintenance or such other materials or services consistent with the purposes of the Association; (c) The right of the Association, subject to approval by written consent by the Member(s) having a majority of the outstanding votes of the Association, in the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 of 28 aggregate, regardless of class, to dedicate or transfer all or any part of the Common Property (other than the Recreation Center and Recreation Center Land) to any public agency, authority, or utility company for such purposes and upon such conditions as may be approved by such Members; and (d) The right of the public to the use and enjoyment of public rights-of-way, if any, located within the Common Property.
4.4 Restricted Actions by Owners. No Owner shall permit anything tg be in the Common Property (i) that would violate any applicable public law or zoning that would result in the cancellation of, or increase of any premium for, insurance
Owner shall permit anything tg be in the Common Property (i) that would violate any applicable public law or zoning that would result in the cancellation of, or increase of any premium for, insurance Association, (iii) that would be in violation of any law, or (iv) that would other Owners. No waste shall be committed in the Common wes que on or 4.5 Ri Construction and Sale provisions contained in this Declaration, until Declarant has develo . Pall of the Land, it shall be expressly permissible for Declarant and an facilities and activities as in the sole opinion incidental to Declarant’s and such Owner’sAs relocate, maintain and repair any devi without limitation, electrical, teleshone, natr s ater, sewer and drainage lines and facilities constructed or installed in, o the Land; the right to carry on sales and promotional activities in the Ly bht}to place signs in the Common Area and in road rights-of-way within tb ight to construct and operate business offices, jaformation and sales offices. Declarant and any such ed by Declarant or such Owner as model dwellings and sales Wfled, without the consent or joinder of any other Person, to respect to the extent that it applies to any portion of the Declarant ddition, Declarant shall be entitled, without the consent or joinder for all damage other ‘than ordinary wear and tear, to the Common Property caused by the Owner or such Owner’s family, pets, tenants or other occupants of such Owner’s Lot. The Common Property may be subject to storm water overflow, natural bank erosion and other natural or manmade events or occurrences which cannot be defined or controlled. Under no circumstances shall Declarant or the Association ever be liable, and each Person hereafter becoming an Owner
natural or manmade events or occurrences which cannot be defined or controlled. Under no circumstances shall Declarant or the Association ever be liable, and each Person hereafter becoming an Owner hereby waives any right to recovery from Declarant or the Association, for any damages or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 of 28 Po —————C——C—C—“#EREREG a ——eeeseseseseses—‘“‘“‘itirtS injuries of any kind or character or nature whatsoever resulting from (i) the occurrence of any natural phenomena, (ii) the failure or defect of any structure or structures situated on or within the Common Property, including failures or defects occurring through the negligence of contractors employed by Declarant or the Association, or (ili) any negligent or willful act, conduct, omission or behavior of any Owner, or other individual, group of individuals, entity or enterprise occurring on, within or related to the Common Property.
ARTICLE V EASEMENTS ten feet (10’) each on both sides in width from the common prép the Owner of such Lot are hereby declared to have an easement oy adjoini g Lots purpose of maintaining and repairing any dwelling or other & be appurtenant to the Lots and ith the land and inure to the benefit sand other emergency vehicles and other public service vehicles bon the Common Property, including the private streets, in the addition, an easement is hereby granted to the Association, its nd management personnel to enter the Common Property to render : ress by the Association. The Association is hereby granted full rights of ingréss*and egress over and upon all Lots at all times for the maintenance and repair of each Lot and the Common Property in accordance with the provisions hereof, and for the
y granted full rights of ingréss*and egress over and upon all Lots at all times for the maintenance and repair of each Lot and the Common Property in accordance with the provisions hereof, and for the carrying out by the Association of its functions, duties and obligations hereunder; provided that any such entry by the Association upon any Lot shall be made with as little inconvenience to the Owner as practical, and any damage caused by the Association’s entry, other than damages caused by the failure of the Owner to comply herewith, shall be repaired by the Association at the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 of 28 expense of the Association.
ARTICLE VI HOMEOWNERS ASSOCIATION 6.1 Purposes. The Association shall have the duty and responsibility to administer and maintain the Common Property, to establish and collect Assessments and to disburse collected funds as so permitted, to enforce this Declaration, and to engage contractors, vendors, employees or agents as it deems necessary to carry out the foregoing purpg 6.2 Membership. Every Owner shall automatically be a Member of the 6.3 Classes_of Membership. The Association shall pave tyfo membership: (a) Class A Members. Class A Members shall be Class B Members. Class A Members shall be entitles they hold the interest required for membership.
interest or interests in any Lot, all such ey Lot shall be exercised as they, among fhetwéelye g at that time the number of votes ag : lass B Membership has ceased, Declarant shall be deemed to ownffoyf (4 | acre contained in such unplatted portion of the Land owned by Det ake on}the subsequent platting of any such portion of the eck inte.residefitial Lots, the number of votes Declarant is entitled all be determined with reference to the actual number
Land owned by Det ake on}the subsequent platting of any such portion of the eck inte.residefitial Lots, the number of votes Declarant is entitled all be determined with reference to the actual number Declarant shall be entitled to ten (10) votes for Member. Class B Members other than Declarant shall be : TH Class B membership shall cease, and each Class B Member ’\. Member, on the first to occur of (i) the date on which the total 6 added, the date the Additional Land is added to the coverage of this If the Additional Land is added to the coverage of this Declaration, and if Class B membership has theretofore ceased, then the Class B membership shall be reinstated effective as of the date the Additional Land is so added.
6.4 Administration and Maintenance of the Common Property. The Association shall take the actions required to care for and preserve the Common Property. The Board of Directors DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 of 28 shall be empowered to establish, amend and repeal rules for the use of the Common Property.
6.5 Assessments, Reserve Funds. The Board of Directors shall administer the Assessment process described in Article VII hereof. The Board of Directors may establish reserve funds from Assessments for the purpose of accumulating funds to pay the cost of repairing, refurbishing and replacing any Common Property. Reserve funds shall be accounted for separately from other funds.
6.6 Disbursement of Association Funds. The Board of Directors have the exclusive right to authorize the Association to contract for all goods, services, andN ance and to hold and disburse Association funds in payment therefore.
6.7 Declaration Enforcement. If, as and when the Board offDye ifs sofe
e the Association to contract for all goods, services, andN ance and to hold and disburse Association funds in payment therefore.
6.7 Declaration Enforcement. If, as and when the Board offDye ifs sofe discretion, deems necessary, it may cause the Association to tak ge Ae prowsions of this Declaration and any rules made hereunder and to enjoin d foc) vOm any Owner for violation thereof.
6.8 ectors (or any of them) nor the officers (if any) of the Associatio 6r debts contracted for or otherwise incurred by the Association 9 | misconduct or other tort of another Member, whether such other bepalf of the Association or otherwise. Neither the Declarant nor the AsSociafiop g “Ulticers, agents or employees shall be liable for any incidental or cafiseglghti : failure to inspect any premises, improvements or portions thereof ok fof J g ai or maintain the same. The organizational documents of the Associgti avid&to the Board of Directors, the officers of the Association, and its employe wfium exculpation from liability and ation of Assessments. For each Lot Wher shall be deemed to covenant and agree to pay to the collection agency designated by the Association): (i) all annual “charges (“Maintenance Assessments”) assessed against his or its g, which assessments shall be on a calendar year basis; (ii) all special against such Owner to reimburse the Association for the costs for maintenance and/or repairs to Common Property caused by the willful or negligent acts of the individual Owner or such Owner’s family, pets, tenants or other occupants of such Owner’s Lot, and for maintenance or repair to the Owner’s Lot or improvements thereon in accordance with Section 3.25(b) hereof.
Such assessments shall be fixed, established and collected from time to time as herein provided.
tenance or repair to the Owner’s Lot or improvements thereon in accordance with Section 3.25(b) hereof.
Such assessments shall be fixed, established and collected from time to time as herein provided.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 of 28 The Maintenance, Capital and Special Assessments (in general, “Assessments”), together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge and a continuing lien upon each Lot against which each such Assessment is made. Each such Assessment together with interest thereon and costs of collection thereof as hereinafter provided, shall also be the continuing personal obligation of each Person who was an Owner of such Lot at the time when the Assessment became due. Notwithstanding any provision of this Declaration seemingly to the contrary, no Assessments shall be assessed or payable with respect to any portion of the Land that is not platted into residential Lots.
7.2 Purpose of Assessments. The Assessments levied by the Associ% used exclusively for the purpose of promoting the recreation, health, welfare, and enjoyment of the residents of the Lots, including in particular for theAmajntetq Common Property and improvements thereto, and, if deemed desirable by Bo d of Airete other property not owned by the Association, and for their mana fe C slipew ish d for carrying out the duties of the Association or the Board of Directors ag or in the articles of incorporation or bylaws of the Association.
p Initially, all improvement of the Common Property shall be Association and shall be undertaken by Declarant at the Associatig#f Property, the responsibility for maiy assumed by the Association, and Dec described in Section 7.4(c) below.
7.4
Property shall be Association and shall be undertaken by Declarant at the Associatig#f Property, the responsibility for maiy assumed by the Association, and Dec described in Section 7.4(c) below.
7.4 Maintenance Assessment shall be payable to the Association by the Member according to the status of such Member as follows: (i) When the Lot is owned by a Class A Member the full Maintenance Assessment shall be payable.
(ii) | When the Lot is owned by a Class B Member, no Maintenance DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 of 28 Assessment shall be payable.
(d) Notwithstanding anything herein contained to the contrary, (i) the first Maintenance Assessment shall be made January 1, 2013; and (ii) prior to January 1, 2013, the full Maintenance Assessment chargeable against any Lot for which a full Maintenance Assessment is payable shall not exceed $100.00 per month unless approved by a majority of the votes of the then existing Class A Members. In order to maintain the Common Property and sustain the services contemplated by Declaf%gt, Declarant anticipates that during the period of time prior to January 1, 2013} i discretion, provide amounts in excess of the funds raised by the Assessments in order to maintain the Common Property within reasongbh of the Maintenance Assessment, such excess shall be Declarant payable out of any Maintenance Assessme The Board of Directors may evidence such debt with a ai rom the determine.
(e) Written notice of the Maingéng Ses p paid by each Member shall be sent to every Member, but { one Owner, only one Member for such Lot shall be entitl 5 ef to whom notice shall be Association.
75 Capital Assessments g D (a) any assessment year a Capital Assessment for
ent to every Member, but { one Owner, only one Member for such Lot shall be entitl 5 ef to whom notice shall be Association.
75 Capital Assessments g D (a) any assessment year a Capital Assessment for the purpose of defra aM p or in part, the cost of any construction or reconstruction, ys oy replacement of a capital improvement upon the Property or Cg ufCluding the necessary fixtures and personal property if the total amount of the Capital Assessment against all of Association, the Association may levy Special Assessments against any Awner for reimbursement for maintenance or repairs, for other than ordinary wear and tear, occasioned by the willful or negligent acts of such individual Owner or such Owner’s family, pets, tenants or other occupants of such Owner’s Lot, for maintenance or repair to the Owner’s Lot or improvements thereon in accordance with Section 3.25(b) hereof, and for any other cost incurred by the Association in performing the obligations of the Owner under this Declaration or any applicable Supplemental Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 18 of 28 7.6 Uniform Maintenance and Capital Assessments. Except as otherwise provided in Section 7.4(b), Maintenance Assessments and Capital Assessments must be fixed at a uniform amount for all Lots.
7.7 Date of Commencement of Assessments; Due Date. The Board of Directors may, from time to time, establish the date that particular Assessments provided for herein shall be payable and may provide for payment of Assessments in monthly, quarterly, semi-annual or annual installments.
7.8 Effect of Non-Pa Lien; Remedies of Association.
(a) If any Assessment or any part thereof is ney then the unpaid amount of such Assessment shall become
arterly, semi-annual or annual installments.
7.8 Effect of Non-Pa Lien; Remedies of Association.
(a) If any Assessment or any part thereof is ney then the unpaid amount of such Assessment shall become with such interest thereon and cost of collection thered thereupon become a continuing lien on the Lot of the j existing owner to pay such Assess obligation and shall not be a person expressly assumed by them.
unaffected by any sale or assigy conveyance. No O Assessments proyide or its Lot.
of the non-paying Owner of such Owner’s failure to pay any payment has not been received within ten (10) days after the date uch AsseSgmeft was due.
f any Assessment or part thereof is not paid when due, the unpaid amount eSsment shall bear interest from the due date at a rate equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the highest non-usurious rate of interest permitted by applicable law, and the Association may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce payment and/or to foreclose the lien against the property subject thereto, and there shall be added to the amount of such unpaid Assessment any and all costs of collection incurred by the Association, including reasonable attorneys’ fees.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 19 of 28 (d) Without limiting the other remedies available to the Association hereunder, for the purpose of further securing the payment and performance of each Owner’s obligations hereunder, by accepting title to a Lot, the Owner thereof shall be deemed to have granted to the Association a contract lien covering such Lot, together with the right to appoint and remove a trustee and any number of substitute trustees and
he Owner thereof shall be deemed to have granted to the Association a contract lien covering such Lot, together with the right to appoint and remove a trustee and any number of substitute trustees and to cause the trustee or substitute trustee to foreclose the Association’s lien against such Lot pursuant to foreclosure conducted in accordance with the provisions~& Chapter 209 of the Texas Property Code.
(e) In addition to the other remedies available to the Associ Section 7.8, the Association shall have the authority to exercise contemplated by Section 4.3(a) hereof against Owners that, fail to gpay (f) Alternative Payment Schedule for Certain Assés (i) The paymen (i1) During ths penalties, other than reas payment plan and ig o owners who have failed to honor terms of a previous payment ing the two years following the owner’s default of such a previous plan.
0) All of the terms of the payment plan other than those terms set forth in Texas Property Code § 209.0062 are at the sole discretion of the Board of Directors.
(vi) All payment plans shall be set forth in writing and signed by both the Board and by the respective owner.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 20 of 28 (3) Priority of Payments. Except as otherwise authorized by law, payments received by the Association from an owner shall be applied to the owner’s debt to the Association in the following order of priority: (i) Any delinquent assessments; (i1) Any current assessments; (iii) | Any attorney’s fees or third party collection cost$ Mcred by the provide the basis for foreclosure; (iv) | Any attorney’s fees incurred by the Associatig to the proceeding subsection 2(c); (v) Any fines assessed by the Association; (vi) | Any other amounts owed to th
ovide the basis for foreclosure; (iv) | Any attorney’s fees incurred by the Associatig to the proceeding subsection 2(c); (v) Any fines assessed by the Association; (vi) | Any other amounts owed to th If at the time that the Association recei és) default under a payment plan entered into withAh (a) the Association i specified above; and (b) in applying the x given priority over any otherg Ges. The lien of the Assessments provided for lien of any bona fide first lien mortgage or deed of gubject to Assessment; provided, however, that such ments which have become due and payable prior to a Q the terms and conditions of any such mortgage or deed of Lots or the purchaser thereof from liability for the amount er becoming due nor from the lien of any such subsequent y an Owner, the Board of Directors shall consider and may, in its 7.9 Subordination of herein shall be subordinate and trust now or hereafter plé subordination shall apg foreclosure af such“h The following property subject to this Declaration shall be exempted from the Assessments, charges and liens created herein: (a) All Property dedicated and accepted by the local public authority and devoted to public use.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 21 of 28 (b) All Common Property.
ARTICLE VIII ARCHITECTURAL CONTROL 8.1 New Construction Committee. The New Construction Committee (hereinafter sometimes referred to as “the Committee”) shall be composed of up to three @) individuals selected and appointed by Declarant if, at the time of appointment, Deck owns any portion of the Land and shall be selected and appointed by the Board of Director he time of appointment, Declarant does not own any portion of the Land. The Committee s ction
ppointment, Deck owns any portion of the Land and shall be selected and appointed by the Board of Director he time of appointment, Declarant does not own any portion of the Land. The Committee s ction as the representative of Declarant during the time Declarant owns any and shall function as the representative of the Association from and after thg no portion of the Land. The Committee shall exist and act fo well as for all other purposes consistent with the creation an ewer Vali¢ A farSt-class residential development. Any one or more of the members 6 ge may be removed from the Committee, with or without cause, by she ~ the time of if, at the time of No member of the Committee shg performed hereunder nor be liable for clayns 2 Z or damages (except where to this Declaration. At any time, the Dg any of Declarant’s rights in respect to awl assign to the Board of Directors Such action by the Declarant shall be gs. The Committee shall, from time to time, publish élines which shall be recorded in the real property fith the overall quality, general architectural style and design of the The Committee shall have the authority to make final decisions in > general intent, effect and purpose of those matters for which it is accordance with these Covenants and Restrictions. The Committee shall everto promulgate the Architectural Guidelines in such a manner that only materials complying with all applicable laws and regulations are specified therein, but each Owner of a Lot (and not the Committee) is responsible for complying with such laws and regulations on his or its respective Lot. If the Committee should be advised that materials specified by the Architectural Guidelines do not comply with applicable laws or
complying with such laws and regulations on his or its respective Lot. If the Committee should be advised that materials specified by the Architectural Guidelines do not comply with applicable laws or regulations, the Committee shall use reasonable efforts to inquire into the nature of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 of 28 non-compliance and to make appropriate revisions of the Architectural Guidelines.
(b) Required Approval. No dwelling, structure, paving, pools, fencing, hot tubs or improvement of any nature shall be erected, placed or altered on any Lot until the site plan showing the location of such dwelling, structure, paving, pools, fencing, hot tubs or other improvement, construction plans and specifications thereof, and landscaping and grading plans therefore have been submitted to and approved in writing by the Committee as to: (1) location with respect to Lot lines, setback lines, and finished grad@q with respect to existing topography and other dwellings; (ii) conformity and harmo ocation of facing of main elevation with respect to nearby streets; and (iv) thg forth within this Declaration, any applicable Supp Architectural Guidelines. The Committee is authoriz missfon of samples of proposed construction materials or colors of prafost eri faces. The (c) Procedure. Final plans and spéci submitted in duplicate to the Committee, such plans and specifications meet thg/ap plans will be marked “Approve % If such plans and specifications do not meet the tee, one set of such plans and specifications shall be returned , accompanied by a reasonable statement of the reasons for s Any modification or change to the approved set of plans and spgca * Owner shall notify the Board of Directors in writing
shall be returned , accompanied by a reasonable statement of the reasons for s Any modification or change to the approved set of plans and spgca * Owner shall notify the Board of Directors in writing ittee thereafter fails to approve or disapprove such plans gity-five (45) days after the Owner’s written notice is given to e living enjoyment of one or more Owner(s) or the value of the Property. As examples, and not by way of limitation, the Committee may impose limits upon the location of window areas of one dwelling which would overlook the enclosed patio area of an adjacent dwelling, or the location and height of a proposed improvement that would materially interfere with the views of an adjacent dwelling. Also, the Committee is permitted to consider technological advance in design and materials and such comparable DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 23 of 28 or alternative techniques, methods or materials may or may not be permitted, in accordance with the reasonable opinion of the Committee. The action of the Committee with respect to any matter submitted to it shall be final and binding upon the Owner submitting such matter.
(e) Drought Resistant Plant Material. The Committee shall discourage the use of plant material which requires extraordinary irrigation. The Committee shall encourage the use of drought-resistant plant material.
(f) Common Improvements. Declarant shall not be requir Committee approval of the initial Common Improvements.
8.3 Variances. Upon submission of a written request for samef thé from time to time, in its sole discretion, permit Owners improvements which are in variance from this Declaration, Declaration, or the Architectural Guidelines. The Committee shall variance to, or waiver of, compliance with Section 3.22 hereo
permit Owners improvements which are in variance from this Declaration, Declaration, or the Architectural Guidelines. The Committee shall variance to, or waiver of, compliance with Section 3.22 hereo architectural style and design of the community. emb or the Association shall be liable to any Ow of action, or damages arising out of the grant of, or the refusal to gang, g i er. Each request for a variance submitted hereunder shall be reyfewed sé rom other such requests and giver of the Committee’s right to strictly enforce this Declaration or an Owner.
8.4 provements. The Board of Directors may require any Owner to restore syfc provements to the condition existing prior to the construction thereof (includigg, limitation, the demolition and removal of any unapproved improvemenf-s£ sush i eménts were commenced or constructed in violation of yhitially constructed in accordance with these Covenants and Restrictions ¥ conditions, and restrictions set forth in any applicable Supplemental Declaration arfd having received any necessary approval of the New Construction Committee in connection with their initial construction, may be repaired, maintained and restored in accordance with the standards in force at the time of their initial construction, notwithstanding any subsequent amendment or revision of these Covenants and Restrictions, of the covenants, conditions, and restrictions set forth in any applicable Supplemental Declaration, or of the Architectural Guidelines. If such dwellings or other improvements are totally destroyed or totally DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 24 of 28 a replaced, the new dwellings or other new improvements must conform to the Covenants and
rovements are totally destroyed or totally DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 24 of 28 a replaced, the new dwellings or other new improvements must conform to the Covenants and Restrictions, the covenants, conditions, and restrictions set forth in any applicable Supplemental Declaration, and the Architectural Guidelines in force at the time of their construction.
8.5 No Liability. Neither Declarant, the Association, the Committee, the Board of Directors, nor the officers, directors, members, employees or agents of any of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner by reason of mistake in judgment, negligence, or nonfeasance arisi#&\out of or in such damages and hereby releases, remises, and quitclaims all action arising out of or in connection with any actual or alleged County, Texas. After the initial term, such Covenants and éxtended for successive periods of ten (10) years unless, at seven percen %) of the total outstanding votes of all Members of the Association without regard to class. In addition, Declarant shall be entitled, without the consent or joinder of any other Person, to amend this Declaration in any respect at any time that it owns any Lot and/or to the extent that it applies to any portion of the Land owned by Declarant; and Declarant shall be entitled, without the consent or joinder of any other Person, to amend this Declaration in any respect to the extent that it applies to any portion of the Declarant Tract owned by Declarant.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 25 of 28 Any and all amendments of this Declaration shall be recorded in the Official Public Records of Real Property of Collin County, Texas.
ECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 25 of 28 Any and all amendments of this Declaration shall be recorded in the Official Public Records of Real Property of Collin County, Texas.
9.3 Enforcement. These Covenants and Restrictions may be enforced by Declarant, and the Association against any Person or Persons violating or attempting to violate them, by any proceeding at law or in equity, including, without limitation, through actions to enjoin violations, to recover damages, or to enforce any lien created by these covenants. The failure by Declarant, or the Association to enforce any covenant or restriction herein contained shal/Mfano event be deemed a waiver of the right to do so thereafter. If an Owner believes that these enants and Restrictions have been violated, such Owner (the “Notifying Owner”) may deliver ¥ thereof to the Board of Directors identifying the violation and the Person violating o the Association, or to any Member or be deemed to have been properly delivered or the Arctrtecttital Guidelines, shall be determined by the Declarant if at the time of the determination Declarant continues to have authority to appoint members of the Committee and shall be determined by the Board of Directors if at the time of determination the Board of Directors has the right to appoint the members of the Committee. The determination of Declarant or the Board of Directors, as the case may be, shall be final and binding upon all Owners.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 26 of 28 9.9 Assignment and/or Termination of Declarant’s Rights . Declarant may assign any or all of its rights, benefits, and obligations hereunder as a Declarant to a assignee and, upon
CTIONS Page 26 of 28 9.9 Assignment and/or Termination of Declarant’s Rights . Declarant may assign any or all of its rights, benefits, and obligations hereunder as a Declarant to a assignee and, upon such assignment, said assignee shall assume Declarant’s rights, benefits, and obligations as a Declarant in accordance with any contractual arrangement made between the parties. If Declarant shall transfer all of its then remaining right, title and interest in and to the Land and shall additionally expressly assign all of its rights, benefits, and obligations as Declarant hereunder to the transferee of such remaining interest in the Land, then Declarant shall be have no further rights or duties hereunder, and such rights and dutés ‘ef Declarant hereunder shall thereupon be enforceable and performable by such transfereeNgf Declarant’s rights hereunder. Any transfer or assignment of Declarant’s rights hereunder shall bé the real property records of Collin County, Texas.
IN WITNESS WHEREOF, Declarant has caused this instrument "ee forth in the first paragraph of this Declaration.
By: STATE OF TEXAS § § county or Allin Pon the 2-_ day of July , 2013 by Rudolph E.
, a Texas Limited Liability ty Com sion Expires abruary 18, 2017 ate of Texas DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 27 of 28 EXHIBIT A Land (Plat to be attached) \S > O DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 28 of 28 1801 STACY ROAD BLOCK 2, TRACT 229 1202 Ac.
(CALWIN BOLES SURV.
CAR HONE ‘40° R.O.W. Dedication IM620 £26" Lendscope Esra Ver, ats cess Esmt (By Seperate Instrument) STACY ROAD OOK 2, TRACT 137 "WA? Ae CHL RES SURVEY, 028 SMOKEY STOVER LAO & ‘CATTLE C0. LID STACY ROAD 100K 2, ACT 230 1000 Ae.
‘CALWN BOLES SURVEY, A LYOE LEE WLS maa ae carpi ten ian, i
Instrument) STACY ROAD OOK 2, TRACT 137 "WA? Ae CHL RES SURVEY, 028 SMOKEY STOVER LAO & ‘CATTLE C0. LID STACY ROAD 100K 2, ACT 230 1000 Ae.
‘CALWN BOLES SURVEY, A LYOE LEE WLS maa ae carpi ten ian, i to the Town of Fairview \ 7 00,9, or © HONS SPIRGS # (CV) TORN OF FARVEW curve CURVE TABLE 151.10 {160.00 281.55 {200.00 NO.
cr 2 co 128.15 [200.00 —.-.. TOWN OF FAIRVIEW SCE.
re st NOTES: 1.) DRAINAGE EASEMENTS (DITCHES & CULVERTS) TO BE MAINTAINED BY INDIVDUAL LOTS CORNERS Scores 2.) SUBDIVISION SHALL CONFORM TO THE REMINGTON PARK PC ZONING DISTRICT.
MASTER TRAIL PLAN, 4.) COMMON AREA LOTS (LOT 1X) SHALL BE OWNED AND MAINTAINED BY THE SUBDIVISIONS H.O.A, TO INCLUDE ALL ABOVE & BELOW GRADE IMPROVEMENTS & LANDSCAPING NOT OEDICATED TO THE TOWN, 5.) ALL LANDSCAPE EASEMENTS SHALL BE MAINTAINED BY THE SUBDIMSON’S H.0.A. THIS SHALL INCLUDE ALL LANDSCAPING, IRRIGATION SYSTEMS & HARDSCAPE WITHIN THESE EASEMENTS. THE H.O.A, SHALL BE RESPONSIBLE FOR REPLACING DEAD OR DISEASED LANDSCAPING WITHIN A 60 DAY NOTICE FROM THE TOWN.
1.) 1/2" IRF=1/2" RON ROD FOUND 2) 1/ JRS-1/2" IRON ROD SET WH “PEISER 3) 4 DENOTES STREET NAME CHANGE 3 .22,91.20 S 4.) D.U.E.-DRAINAGE & UTILITY EASEMENT 5) D.E—DRAINAGE EASEMENT 8) BL-BUILDING LINE NeO37320 OF FAIRVIEW rou $00'35'22"E_20.00" NOS 27W 20.00 285 EAST FOREST GROVE ROAD OOK 2, TRACT 161 99.2 be.
(CAL GOLES SURVEY, ABSTRACT 28 ‘OON F, KENDALL R=3.00' 33 200° 13.08" NOTICE: "SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VOLATION OF CITY.
ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILIRES AND BUILDING PERMITS.
FLOOD CERTIFICATE:
ICE: "SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VOLATION OF CITY.
ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILIRES AND BUILDING PERMITS.
FLOOD CERTIFICATE: As determined by the FLOOD INSURANCE RATE MAPS for Collin County, Texos, a portion of the subject property DOES lie within 9 Special Flood Hazard Arec (00 Yedr Flood).
subject fot is located in Zone “A” & "X’ SATE OF TEXAS COUNTY OF COLLIN I, M. CHRISTOPHER INVESTMENTS, LLC, 2011, the undersigned, owner(s) and lien holder(s) of the land shown on this plat within the area described by metes and bounds as follows: BEING a 33.28 acre tract of land situated in the Calvin Boles Survey, Abstract No. 28, Collin County, Texas, and being all of a tract of land conveyed to Lucas Partners Ltd.. a ‘Texas limited partnership by deed recorded i Document No. 2006-444420, of the Deed Records of Collin County, Texas, and being more particularly described as follows; BEGINNING at a fence comer post found at the southwest comer of said Lucas Partners tract, said fence post also being the most northerly northwest comer of a tract of land conveyed to Kathken M, Thompson. et al by deed recorded in Volume 2284, Page 440, Deed Records, Colin County, Texas, said fence post also being in the east line of a tract of land conveyed to Charles Stover by deed recorded in Volume 794. Page 592, Deed!
Records, Collin County. Texas ‘THENCE North 01 deg. 16 min. 39 sec. East, along an old fence fine on the east line of said Stover tract, a distance of 465.81 feet (0 a 1/2” iron rod set with “Peiser & Mankin SURV" red plastic cap (hereinafter referred to as 1/2” iron rod set); ‘THENCE North 00 deg, 19 min. 00 east line of said Stover tract, a distang the center lie of Stacy Road (also
ith “Peiser & Mankin SURV" red plastic cap (hereinafter referred to as 1/2” iron rod set); ‘THENCE North 00 deg, 19 min. 00 east line of said Stover tract, a distang the center lie of Stacy Road (also being in the south line of a tract of ane Volume 149, Page 485, Probate Court continuing along said fence line and the 00 feet to aP.K. nail fouxd for comer in THENCE South 89 deg, 37 min. 32 sec. East, and the south line of said Fred Wills tract. and toChde L. Willis by deed recordegiti@toagy Records, Collin County, Texag nail found at an angle: poin act of land conveyed to Richard E.
din Volune 978, Page 737, Deed f along an old fence line, and the said west et 19 a 1/2 inch on rod set for an angle point 2. 52 min. 14 sec. West. along said fence line, and the west fne of , Pflistance of 362.59 feet to.a fence post found for comer in the north Bi conveyed to Don F. Kendall and wife Julia P. Kendall by deed 803, Page 812, Deed Records. Colin County, Texas: forth 89 deg. 48 min 12 sec. West, along an old fence fine and the north fine of said Kendall tract, a distance of 213.61 feet to a 3/8” iron rod found for comer at the northeast comer of said Kathleen M. Thompson tract; IENCE North $8 deg. 18 min, 20 sec. West, along an old fence line, and the north line of said Thompson tract. a distance of 786.05 feet to the POINT OF BEGINNING and containing 1,449,594 square feet or 33.28 acres of land and designated herein as the REMINGTON PARK, addition to the Town of Fairview, Texas and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, watercourses, drains, easements, righis-ofway and public places thereon shown, for the purposes therein stated STATE OF TEXAS COUNTY OF TARRANT
he use of the public forever all streets, alleys, parks, watercourses, drains, easements, righis-ofway and public places thereon shown, for the purposes therein stated STATE OF TEXAS COUNTY OF TARRANT 1, Timothy R. Mankin, a registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the comer monuments shown thereon were properly placed, under my personal supervision, in accordance with the subdivision regulations of the Town of Fairview, Texas.
Registered Professional Land Surveyor Registration No, 6122 Date: June $, 2013 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Timothy R. Mankin. known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the same was executed for the purposes and consideration therein expressed.
¥ UNDER MY HAND AND SEAL OF OFFICE, this Sth day of June, 2033, approved \ynach 14 Planning and Zoning Commission a Si tore ov. B/W, stares Geaty Clerk Chatfperson, Planting and Zomtig Commission” = SNE hn : Sis 00 ovestee Sonnet Eaivien Tecas ae Sten approve Quaid % 2013 ‘Town Cougeil, Town of Fairview, Texas & Phfton 8 Howes Lesgner.
ob Mayor, of Fairview, Texas The undersigned, the Town Secretary of the Town of Fairview, Texas, hereby cei that the foregoing final plat of the REMINGTON PARK, addition 19 the Town Fairview was submitted to the Town Council on the 2 day of &_., 2013, and the Council, by formal action. then and there approved the plat ahd authorized the Mayor to note such approval by signing his/her name as hereinabove subscribed to which I hereby attest
on. then and there approved the plat ahd authorized the Mayor to note such approval by signing his/her name as hereinabove subscribed to which I hereby attest hy Secretary, Te NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: ‘THAT, M. CHRISTOPHER INVESTMENTS. LLC. 2011 acting herein by and through its duly authorized officers. does heteby adopt this plat designating the hereinabove described property as the REMINGTON PARK, addition to the Town of Fairview.
Texas, and does hereby dedicate to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for strect purposes. The Easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances. No buildings, fences, trees, shvubs or other improvements or growths shall be constructed or placed upon. over or across the Easements as shown, except that landscape improvements may be placed in Landscape Easements, if approved by the Town. The Town of Fairview is not responsible for replacing ony improvements in, under. or over any easements caused by maintenance or repair, In addition, utility Easements may also be used for the mutual use and acconimodation of all public utilities desiring to use or using the same unless the ‘easement limits use to particular [persons], said use by public utilities being subordinate to the Public’s and the Town of Faitview’s use thereof. The Town of Fairview and public utilities entities shall have the right to remove and keep removed all or parts of any building, fences, trees, shrubs or other improvements or growths which may in any way
Town of Fairview and public utilities entities shall have the right to remove and keep removed all or parts of any building, fences, trees, shrubs or other improvements or growths which may in any way ‘endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said Easements. The Town of Fairview and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading ‘meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone.
‘That the undersigned do hereby covenant and agree that they shall construct upon the fire ane easements, if any, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other parking of motor vehicles. trailers, boats or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating “Fire authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all tintes for the Fire Department and emergency use.
‘The undersigned do covenant and agree that the Access Easements, if any, may be utilized by any person or the general public for ingress and egress to other real property.
partment and emergency use.
‘The undersigned do covenant and agree that the Access Easements, if any, may be utilized by any person or the general public for ingress and egress to other real property.
and for the purpose of General Public vehicular and pedestrian use and access. and for Fire Department and emergency use in, along. upon and across said premises, with the sight and privilege at all imes of the Town of Fairview. its agents, employees, workmen and representatives having ingress, egress, and regress in, along. upon and across said premises.
This plat is approved subject fo all platting ordinances, rules, regulations and resolutions of the Town of Fairview. All modifications to this document shall be by means of the plat and approved by the Town of Fairview.
WITNESS, my hand at Pais this the /Z day of Tore 2013.
By: Rudy Rivas, M. Christopher Investments, LLC, 2011 STATE OF TEXAS COUNTY OF COLLIN BEFORE ME , the undersigned authority, on this day personally appeared Rudy Rivas, known fo me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the same was executed for the purposes and consideration therein expressed, GIYRN UNDER MY HAND AND SEAL OF OFFICE, this_ (94-day of Une 2013 f Sorry ee Susatt Notary Public in anft for the State of Texas ey Mesoreuaten Expos PLANNING & ZONING CASE # FP2013-04 2.0+ Ac Lots - 5 1.5+ Ac Lots - 10 X-Lots - 3 FINAL PLAT Remington Park A 33.28 ACRE TRACT OUT OF THE CALVIN BOLES SURVEY, ABSTRACT NO. 28 TOWN OF FAIRVIEW, COLLIN COUNTY, TEXAS OWNER/DEVELOPER : M. CHRISTOPHER INVESTMENTS, LLC, 2011 630 Oakmont Court Fairview, Texas 75069 214.736.6335 [email protected] SURVEYOR: ENGINEER : PEISER & MANKIN SURVEYING, LLC = CRANNELL, CRANNELL & MARTIN ENG. CORP.
623 E. Dallas Road
MENTS, LLC, 2011 630 Oakmont Court Fairview, Texas 75069 214.736.6335 [email protected] SURVEYOR: ENGINEER : PEISER & MANKIN SURVEYING, LLC = CRANNELL, CRANNELL & MARTIN ENG. CORP.
623 E. Dallas Road Grapevine, Texas 76051 2570 F.M. 407, Suite 209 Highland Village, Texas 75077 817.481.1806 972.691.6633 JOB P-3632 TBPE Firm #605 Scale: 1"=100" Sheet 1 of 1 Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 07/08/2013 11:33:13 AM $132.00 CJAMAL 20130708G00946E80