Page 1 of 23 Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates This declaration of covenants, conditions, and restrictions (the "Declaration") is made on this 18th day of December, 2019, at Arlington, Texas, by Foster-Fishcreek Properties, L.P., a Texas limited partnership (“Declarant”), whose mailing address is P.O. Box 172619, Arlington, Texas 76003-1735 1.
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Recitals Declarant is the owner of all that certain real property (the "Property located in Tarrant County, Texas, described as lots 1, 2, 3, 4, 5, 6, 8, 10, 11, 13, 14, 15, 16, 17, 18 and 20, block 1, Running Ranch Estates, an addition to the City of Arlington, Tarrant County, Texas, as recorded in plat filed at cabinet A, slide 7317, plat records, Tarrant County, Texas.
Declarant has devised a general plan for the entire Property as a whole, with specific provision for particular parts and parcels of the Property. This general plan provides a common scheme of development designed to protect and safeguard the Property over a long period.
This general plan will benefit the Property in general, the parcels and lots that constitute the Property, the Declarant, and cash successive owner of an interest in the Property.
nofficial cond Therefore, in accordance with both the doctrines of restrictive covenant and implied equitable servitude, Declarant desires to restrict the Property according to these covenants, conditions and restrictions, in furtherance of this general development plan.
NOW, THEREFORE, it is declared that all of the Property with the exception of Lot 6 shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions LOUR I. DEFINITIONS "Developer means Declarant and its successors and assigns who acquire more than ten
d, sold and conveyed subject to the following easements, restrictions, covenants, and conditions LOUR I. DEFINITIONS "Developer means Declarant and its successors and assigns who acquire more than ten undeveloped Lots from Declarant for the purpose of development.
"Lot" means any of the plots of land shown on the plat and subdivision map recorded in cabinet A, slide 7317, of the plat records of Tarrant County, Texas (the "Map"), on which there is or will be built a single family residential dwelling. The term “lot” does not include the "Common Area" (as defined below).
Page 1 Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 2 of 23 "Owner" means the record owner or owners of the fee simple title to any Lot or portion of a Lot, in the Property on which there is or will be built a detached single family dwelling.
"Owner" includes contract sellers but excludes persons having only a security interest.
A "Qualified Person” means a person who is a licensed architect, landscape architect, licensed general contract, city planner, or member of the “Board” (as defined below).
"Common Area" means the entire Property except the Lots and the Lake, subject to all easements and rights described in this Declaration.
The "Association" means an incorporated association consisting of all Owners, which shall have the duty of maintaining, operating, and managing the Common Area as provided in this Declaration. Each Owner shall automatically become a member of the Association when it is created, without any further documentation of any kind, The "Board" means the board of directors of the Association, "Trustee❞ shall mean and refer to that certain individual(s) or entity(ies) designated or
d, without any further documentation of any kind, The "Board" means the board of directors of the Association, "Trustee❞ shall mean and refer to that certain individual(s) or entity(ies) designated or appointed from time to time by the Association to perform the duties and responsibilities described in article VII of this Declaration, and its successors and assigns, initially as the president of the Association until a new trustee is designated.
II. ARCHITECTURAL CONTROL Architectural Control Committee Developer shall serve as the Architectural Control Authority (the “ACA”).
official Approval of Plans and Specifications The ACA must review and approve in writing all of the following projects on the Property, prior to their commencement.
a) b) construction of any building, fence, wall or other structure; any exterior addition, change or alteration in any building, fence, wall or other structure, and any landscaping or grading of any Lot or Lots Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 2 Page 3 of 23 Application for Approval To obtain the required prior approval to do any of the work described above, an Owner must submit an application to the ACA showing the plans and specifications for the proposed work. Such plans and specifications shall detail the nature, shape, height, materials, colors and location of the proposed work.
Standard for Review The ACA shall review applications for proposed work in order to 1) ensure conformity of the proposal with these covenants, conditions and restrictions, and 2) ensure harmony of external design in relation to surrounding structures and topography. An application may be rejected for providing insufficient information. The ACA shall have broad, discretionary
) ensure harmony of external design in relation to surrounding structures and topography. An application may be rejected for providing insufficient information. The ACA shall have broad, discretionary authority to interpret and apply these standards. In rejecting an application, the ACA should detail the reasons for rejection and suggest how the applicant could remedy the deficiencies.
Failure of Architectural Control Authority to Act If the ACA fails either to approve or reject an application for proposed work within 60 days after submission, then ACA approval shall not be required, and the applicant shall be deemed to have fully complied with this article.
III. EXTERIOR MAINTENANCE If an Owner of any Lot, with the exception of Lot 6, fails to maintain the Lot or a dwelling in a neat and orderly mariner, the Developer or the ACA shall have the right, through its agents and employees, to enter the Lot in order to repair, maintain and restore the Lot, including landscaping and the exterior of any buildings and other improvements located on the Lot, all at the expense of the Owner.
IV. USE RESTRICTIONS AND ARCHITECTURAL STANDARDS IONS Residential Use Only All Lots shall be used for single-family residential purposes only. Single family use consists of use of a dwelling by two or more natural persons who are related by marriage or kinship, or by not more than four natural persons who are not related by marriage or kinship.
However, Developer, as well as any other person engaged in the construction and sale of residences on the Property, shall have the right, during the construction and sales period, to use facilities as may be reasonably necessary or convenient for its business purpose of construction and selling residences on the Property.
ave the right, during the construction and sales period, to use facilities as may be reasonably necessary or convenient for its business purpose of construction and selling residences on the Property.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 3 Page 4 of 23 Type of Buildings Permitted No building shall be erected, altered, or permitted on any Lot other than one detached single-family dwelling not to exceed two stories in height, with a private garage for not more than four, nor less than three automobiles. No outbuilding, shop, trailer, storage shed, or residence of a temporary character shall be allowed. However, Developer, as well as any other persons engaged in the construction and sale of residence on the Property, shall have the right, during the construction and sales period, to construct and maintain such facilities as may be reasonably necessary or convenient for its business of constructing and selling residences on the Property, including, but not limited to, offices and storage areas.
py Design, Minimum Floor Area, and Exterior Walls Any residence constructed on a Lot shall comply with the following minimum square footage requirements exclusive of open or screened porches, terraces, patios, driveways, carports and garages in the development as a whole: (1) no more than six residences with a minimum square footage of 2,800 square feet; (2) no more than six residences with a minimum square footage of 3,200 square feet; (3) no more than four residences with a minimum square footage of 3,400 square feet; and (4) the balance of residences shall have a square footage in excess of 3,400 square feet. All single-family dwellings shall be
n four residences with a minimum square footage of 3,400 square feet; and (4) the balance of residences shall have a square footage in excess of 3,400 square feet. All single-family dwellings shall be constructed to front on the street on which the Lot fronts unless any Lot in question fronts on two streets, in which case the dwelling constructed on such Lot shall front, as the ACA may approve, on either of the two streets of partially on both. All dwellings shall be constructed of stone, stucco, EIFS, masonry, brick, or of a glass building material of the kind usually used for outside wall construction, or of such other material as may be approved by the ACA, to cov at least 85% of the area of the outside walls on the first floor. The second floor of such dwelling-may be masonry or such other material as may be approved by the ACA. All wood surfaces shall be durable. Only thick and very durable varieties and grades of wood and fibrous materials will be allowed for trim. All exterior colors, textures, and materials must be compatible not only with the ACA's approved design motif, but also with adjacent and surrounding Lots, and over-all community appearance.
Ino Roofing Materials Roofs shall be slate, imitation slate, tiles, metal, or architectural grade composition roofing, if compatible in color and texture with the prevailing roofing of homes within the Property All roofing materials must be approved in advance by the ACA. No wood shakes, wood shingles, or standard grade composition shingles will be allowed. Generally, dwellings shall have pitched roofs with a minimum pitch of six feet in twelve; however, flat roofs, or flat and pitched roofs in combination, may be considered on a case-by-case basis where deemed appropriate by the ACA.
pitched roofs with a minimum pitch of six feet in twelve; however, flat roofs, or flat and pitched roofs in combination, may be considered on a case-by-case basis where deemed appropriate by the ACA.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 4 Page 5 of 23 Setbacks No building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum building setback lines shown on the Map. No side yards at the front building setback line shall be less than ten feet. For purposes of this covenant, caves, steps, and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of the building on any Lot to encroach upon another Lot. If two or more Lots, or portions of two or more Lots, are consolidated into a building site in conformity with the following paragraph, these building setback requirements shall apply to the resulting building site as if it were one original, platted Lot.
Resubdivision or Consolidation opy No Lot shall be resubdivided, except that any person owning two or more adjoining Lots may consolidate those Lots into a single building site, with the privilege of constructing improvements, as permitted by this Declaration, on the remaining consolidated Lot. It is Declarant's expressed intent that the Lots may not be resubdivided and split into Lots of different sizes than those contained on the Map, Easements Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Map. No utility company, water district, political subdivision, or other authorized entity using these easements shall be liable for any damage done by them
age facilities are reserved as shown on the Map. No utility company, water district, political subdivision, or other authorized entity using these easements shall be liable for any damage done by them or their assigns, agents, employees, or servants to shrubbery, trees, flowers, or to other property of the Owner situated in the easement.
Noxious or Offensive Activities Prohibited No noxious or offensive activity shall be conducted on any Lot that may or may become an annoyance or nuisance to the neighborhood.
no Prohibited Residential Uses No structure not approved for residential use by the ACA, including, but not limited to, trailers, mobile homes, motor homes, basements, tents, shacks, garages, or other outbuildings and accessory structures shall be used on any Lot at any time as a residence, either temporarily or permanently.
Fences No fence, wall, or hedge shall be placed on any portion of a Lot with a greater height than eight feet, and no fence is permitted on any part of any Lot unless approved by the ACA.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 5 Page 6 of 23 No chain link fencing is allowed. Should a hedge, shrub, tree, or other planting be so placed, or afterwards, grown, so as to encroach upon adjoining property, such encroachment shall be removed upon request of the Owner of the adjoining Lot or the ACA.
Signs No signs of any type shall be allowed on any Lot except one sign of not more than five square feet advertising the property for sale or rent. However, Developer, as well as any other person engaged in the construction and sale of residences on the Property, shall have the right, during the construction and sales period, to construct and maintain signs
veloper, as well as any other person engaged in the construction and sale of residences on the Property, shall have the right, during the construction and sales period, to construct and maintain signs advertising such construction and sale.
Garage Doors The garage door of any dwelling within the Property must open to the rear or side of the dwelling, or as approved by the ACA. In all instances, the garage of any dwelling shall be situated and/or screened with decorative fencing or other materials whereby the street view into the garage is restricted. Each Lot shall provide garage space for a minimum of three conventional automobiles and sufficient driveway space for the parking of two guest automobiles, unless otherwise specifically approved by the ACA. Each Owner shall use its respective best efforts to park and store automobiles within the garage. All garage doors shall be closed at all times when not in use. Carports are not permitted. Each Owner shall use its respective best efforts to refrain from habitually parking any automobile or vehicle on any Lot outside of an approved garage. Under no circumstances or conditions shall any automobile or other vehicle be parked on a non-paved portion of any Lot.
Of Development and Mining Prohibited No oil well drilling, development, or refining, and no mineral quarrying or mining operations of any kind shall be permitted on any Lot. No oil well, tank, tunnel, mineral excavation, or shaft shall be permitted on any Lot. No derrick or other structure designed for use in boring for oil, natural gas, or other minerals shall be erected, maintained, or permitted on any Lot.
Rubbish, Trash and Garbage No Lot shall be used or maintained as a dumping ground for rubbish or trash. All garbage
atural gas, or other minerals shall be erected, maintained, or permitted on any Lot.
Rubbish, Trash and Garbage No Lot shall be used or maintained as a dumping ground for rubbish or trash. All garbage and other waste shall be kept in sanitary containers. There shall be no burning or incineration of trash, garbage, leaves, brush, or other debris. All garbage shall be kept in plastic bags or other containers required by the City of Arlington. Each Owner shall observe and comply with any and all regulations or requirements promulgated by the Association and/or the City of Arlington in connection with the storage and removal of trash and garbage.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 6 Page 7 of 23 Sewage Disposal No individual sewage-disposal system shall be permitted on any Lot.
Water Supply No individual water-supply system shall be permitted on any Lot.
Trees No trees shall be removed except by utility companies within easements required for the furnishing of utility services, or as otherwise approved by the ACA.
Slope Control Areas py Slope control areas are reserved as shown on the Map. Within these slope control areas, no structure, planting, or other material shall be placed or shall be permitted to remain, and no other activities shall be permitted to be undertaken that may damage or interfere with established slope ratios, create erosion or sliding problems, change the direction or flow of draining channels, or obstruct, or retard the flow of water through drainage channels.
The slope control areas of each affected Lot, and all improvements located in those areas, shall be maintained continuously by the Owner of the affected Lot, except for those
hrough drainage channels.
The slope control areas of each affected Lot, and all improvements located in those areas, shall be maintained continuously by the Owner of the affected Lot, except for those improvements for which a public authority or utility company is responsible.
T Sight Distance at Intersections No fence, wall, hedge, or shrub planting that obstructs sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner lot in the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines as extended. The same sight-line limitations shall apply on any Lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of intersections unless the foliage line is maintained to meet the sight line requirements as set forth above.
Lake and Common Areas Each and every Owner in good standing with the Association shall have a non-exclusive right and easement of enjoyment in and to the Common Areas, exclusive of the Lake, and such easement shall be appurtenant to and shall pass with each Lot, provided the conveyance and transfer is accomplished in accordance with this Declaration. Only the Owner of a Lot may have and hold such easement. The rights and easements of use, recreation, and enjoyment created by this provision shall be subject to the right of the Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 7 Page 8 of 23
and enjoyment created by this provision shall be subject to the right of the Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 7 Page 8 of 23 Declarant and/or the Association (upon creation of the Association) to prescribe reasonable regulations and policies governing the use, operation and maintenance of the common Areas. The Declarant shall have the power and authority to prescribe rules and regulations which extend to and cover matters such as, but not limited to, smoking, possession and consumption of alcoholic beverage, hours of access, hours allowable for construction activity, and other such items related to the Common Areas. The cost of maintenance of all the Property's Common Areas, specifically including the gated entry, shall be borne by all Owners.
Land Near Lake No building shall be placed, nor shall any material or refuse be placed or stored, on ahy Lot within 20 feet of the property line of any park or edge of any open water course, including the Lake, as identified on the Map. However, clean fill may be placed in that setback area if the natural water course is not altered or blocked by the fill. No docks or similar structure shall be allowed upon the Lake with the exception of Lot 6.
Antenna No radio, television, satellite dish, or other aerial shall be erected or maintained on any Lot except as approved by the ACA. Satellite dishes less than two feet in diameter which are not visible from the street, or adjacent Lots (as determined in the sole judgment of the ACA), shall be allowed.
BIS Animals No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that a reasonable number of dogs, cats or other household pets may be kept,
hall be allowed.
BIS Animals No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that a reasonable number of dogs, cats or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purpose.
Fences, Walls, Hedges, and Utility Meters No fence, wall, hedge, on utility meter shall be placed, or permitted to remain, on any Lot nearer to the street or streets adjoining such Lot than is permitted for the main residence on such Lot, except for decorative subdivision entry fences.
Boats, Large Trucks, Motorhomes, Buses, and Trailers No boat, boat trailer, large truck, mobile home, camper, motorhome, bus (except a passenger van for personal use), trailer, or similar wheeled vehicle shall be stored (except temporarily, not to exceed 24 hours) on any Lot, or parked in the street in front of any lot, except for construction and repair equipment while a residence or residences are being built or repaired in the immediate vicinity. No boat, boat trailer, large truck motorhome, mobile home, camper, bus (except a passenger van for personal use), trailer, or similar Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 8 Page 9 of 23 wheeled vehicle shall be parked on the driveway or any portion of the Lot in such manner as to be visible from the street; all such vehicles being required to be stored or parked in a closed garage or within a fence, wall, or enclosure as may be approved in advance by the ACA.
Prohibited Activities No professional, business or commercial activity to which the general public is invited shall be conducted on any Lot.
Wood-Burning Stoves and Fireplaces
d in advance by the ACA.
Prohibited Activities No professional, business or commercial activity to which the general public is invited shall be conducted on any Lot.
Wood-Burning Stoves and Fireplaces No fireplace or wood-burning stove shall be installed or used on any Lot unless it meets the requirements, standards, and recommendations of federal, state and local environmental and air pollution control authorities.
Air Conditioning Equipment Location of air conditioning units shall be first approved by the ACA before installation or use.
Driveways As a general rule, each Lot may be accessed by a single driveway only. However, double entry loop driveways may be considered by the ACA where site determinants such as Lot size, frontage, width, and configuration would allow sufficient room for an uncrowded and aesthetic double entry design. Access drives shall be located to avoid and preserve important natural features, such as trees, large or significant plant materials, drainageways, or rock outcroppings, so as to minimize disruption of the existing landscape. The ACA has full authority to limit the points of vehicular access to any Lot. The proposed paving surface is subject to approval by the ACA. The use of decorative materials, textures, or patterns, exclusively or in combination is suggested. Acceptable alternatives include, but are not limited to prick pavers, concrete pavers, paving stones, embossed concrete, exposed aggregate concrete, or colored concrete. Large unbroken expanses of plain concrete, trowelled or broom finish, will not be allowed and no such surfaces shall be allowed within 25 feet of the back of curb, or if visible from the street beyond that distance.
If plain concrete driveways are proposed, the installation should incorporate some manner
faces shall be allowed within 25 feet of the back of curb, or if visible from the street beyond that distance.
If plain concrete driveways are proposed, the installation should incorporate some manner of design accent in the form of a continuous edge band or interspersed pattern, utilizing a suggested material, as a counterpoint to the "sea of concrete.” Asphaltic concrete paving is prohibited.
Mailboxes Mailboxes shall be consistent throughout the Property as specified both as to design and location by the ACA.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 9 Page 10 of 23 Landscaping Each owner shall spend an initial sum of not less than $10,000.00 for ornamental plants, trees, shrubs, ground cover, lawns and flowers. Landscape plans must be submitted and approved by the ACA prior to installation. Such landscaping shall be completed within 90 days after the date upon which such residential dwelling is 90% complete, and all Lots upon which a residential dwelling is constructed shall have an underground sprinkler system for the purpose of providing sufficient water to preserve and maintain the landscaping in a healthy and attractive condition.
Each Owner shall mow and maintain the landscaping and vegetation on its Lot in such a manner as to control weeds, grass and/or other unsightly growth at all times. In after ten days' prior written notice Owner shall fail to: i) control weeds, grass and/or other unsightly growth, including the proper pruning and cutting of all trees and shrubs and the proper seeding and watering of all lawn areas; ii) remove trash, rubble, building and construction debris; or iii) exercise reasonable care or conduct to prevent or remedy an unclean, untidy,
and the proper seeding and watering of all lawn areas; ii) remove trash, rubble, building and construction debris; or iii) exercise reasonable care or conduct to prevent or remedy an unclean, untidy, or unsightly condition, then the Association shall have the easement, authority and right to go onto said Lot for the purpose of mowing, cleaning, and otherwise correcting the offending condition of said Lot, and shall have the authority and right to assess and collect from the offending Owner a reasonable fee for mowing and cleaning said Lot on each respective occasion. Any such assessment, together with accrued interest and costs of collection, shall be a personal obligation of the Owner of the Lot and shall also be a charge on the land.
V. EASEMENTS Reservation of Easements UP ficia All easements and all alleys for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Map. No shrubbery, fence, or other obstruction shall be placed in any easement or alleyway. Right of use for ingress and egress shall be available at all times over any dedicated easement or alleyway for purposes of installing, operating, maintaining, repairing, or removing any utility or any obstruction placed in such easement or alleyway that would interfere with the installation, maintenance, operation, or removal of such utility.
Underground Electrical System An underground electricity distribution system shall be installed to serve all Lots in the subdivison. The Owner of each Lot, at the Owner's cost, shall furnish, install, and maintain (all in accordance with the requirements of local governmental authorities and the National Electrical Code), an underground service cable and appurtenances from the meter installed
tall, and maintain (all in accordance with the requirements of local governmental authorities and the National Electrical Code), an underground service cable and appurtenances from the meter installed on the Lot by the electric company to such point as may be designated by the company on the property line of the Lot. The company furnishing electric service shall make the Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 10 Page 11 of 23 necessary connection at the property line and at the meter. Each Owner, at the Owner's cost, shall install, furnish, and maintain a meter loop (in accordance with then-current standards and specifications of the electric company) for the residence constructed on the Lot. For as long as underground service is maintained, the electric service to each Lot shall be uniform in character and exclusively for the type known as single-phase 120/240 volt, 3-wire, 60-cycle alternating current.
VI. ASSOCIATION Creation Prior to creation of the Association, all powers granted to the Board or the Association shall belong to the Declarant. Declarant may assign these powers to another entity or person at Declarant's sole discretion.
The Association shall not exist until created by the Declarant. Upon creation, the Owners, with the exception of the owner of Lot 6 shall constitute the Association. Each Owner of a Lot, including Developer, shall automatically be a member of the Association.
Association membership shall be appurtenant to ownership of a Lot. Ownership of a Lot is the sole criterion for membership in the Association.
Transfer of Membership Association membership shall be automatically transferred to the grantee of a fee
ownership of a Lot. Ownership of a Lot is the sole criterion for membership in the Association.
Transfer of Membership Association membership shall be automatically transferred to the grantee of a fee conveyance of a Lot. Membership shath not be assigned, pledged, or transferred in any other way. Any attempt to make a prohibited transfer shall be void.
Membership Voting, Elections and Meetings Each Owner shall have one vote for each Lot owned. There shall be at least one meeting of the membership each year. At that meeting, the Owners shall 1) elect a Board consisting of not less than three directors, 2) vote on any other matters the Board chooses to place before the membership, and 3) discuss any matter of Association business that the Board or any Owner wishes to bring before the entire membership.
Number of Board Members The Board shall initially consist of three directors, to be named by Declarant. Once Declarant has sold ten Lots, a fourth member shall be added, who shall be an Owner independent from Declarant. Once the Declarant has sold 15 Lots, a fifth member shall be added, who shall be an Owner independent from Declarant. If not voluntarily occurring prior to such time, upon Declarant's sale of all Lots within the Property, the three initial Board members named by Declarant shall tender their resignations as members of the Board, with their replacements to be determined by the members of the Association.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 11 Page 12 of 23 Duties and Powers of Board Through the Board, the Association shall have the following powers and duties: to adopt rules and regulations to implement this Declaration and the Association's bylaws; a) b)
ties and Powers of Board Through the Board, the Association shall have the following powers and duties: to adopt rules and regulations to implement this Declaration and the Association's bylaws; a) b) to enforce this Declaration, the bylaws, its rules, and regulations; c) d) e) f) g) h) i) j) m) to elect officers of the Board, and select members of the ACC when that power devolves to the Board; to delegate its powers to committees, officers, or employees: to prepare a balance sheet and operating income statement for the Association and deliver a report to the membership at is annual meeting; to establish and collect regular assessments to defray expenses attributable to the Association's duties, to be levied against each Owner, including Developer with the exception of the Owner of Lot 6; to establish and collect special assessments for capital improvements or other purposes with the exception of the Owner of Lot 6; to file liens against Owners because of nonpayment of assessments duly levied, and to foreclose on those liens with the exception of the Owner of Lot 6; to receive complaints regarding violations of this Declaration, the bylaws, or the Association's rules and regulations; to hold hearings to determine whether to discipline Owners who violate this Declaration, the bylaws, or the Association's rules and regulations; to give reasonable notice to all Owners of all annual meetings of the membership, and all discipline hearings; to hold regular meetings of the Board at least annually; to manage and maintain all of the Common Area in a state of high quality and in good repair; Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 12 n) o) Page 13 of 23
all of the Common Area in a state of high quality and in good repair; Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 12 n) o) Page 13 of 23 to pay taxes and assessments that are or could become a lien on the Common Area; and to pay the costs of any liability insurance and fire insurance on the Common area, and any liability insurance for members of the Board.
VII. ASSESSMENTS Obligation of Owners Declarant, for each Lot owned by it within the Property, hereby covenants and agrees and each subsequent Owner of any Lot, with the exception of Lot 6, by acceptance of a deed for a Lot, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree (and such covenant and agreement shall be deemed to constitute a portion of the purchase money and consideration for acquisition of the Lot so as to have affected the purchase price) to pay to the Association (or to an independent entity or agency which may be designated by the Association to receive such monies): a) b) c) d) regular annual assessments; cial special assessments for capital improvements or unusual or emergency matters, such assessments to be fixed, established, and collected from time to time as provided below;> special individual assessments levied against individual Owners to reimburse the Association for extra or unusual costs incurred for items such as, but not limited to maintenance and repairs to portions of the Common Area caused by the willful or negligent acts of the individual Owner, and the remedy, cure, or minimizing of problems caused by, or as a result of, violations of this Declaration by an Owner; Individual assessments and fines levied against an Owner for violations of
er, and the remedy, cure, or minimizing of problems caused by, or as a result of, violations of this Declaration by an Owner; Individual assessments and fines levied against an Owner for violations of rules and regulation pertaining to the Association and/or the Common Area; and U special transfer assessments, as discussed below.
Any such assessments, together with such late charges, interest, and costs of collection as are provided below, shall be a charge on the land and shall be a continuing lien upon each Lot against which each such assessment is made, and shall also be the continuing personal obligation and liability of the then-existing Owner of such Lot at the time when the assessment fell due, which the applicable Owner promises to pay as the result of the Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 13 Page 14 of 23 purchase of a Lot. Each Owner of each Lot shall be directly liable and responsible to the Association for the acts, conduct, and omission of each and every resident and guest associated with the dwelling on such Owner's Lot.
Purposes of Assessments The assessments levied by the Association shall be used for the purposes of promoting the comfort, health, recreation, safety, convenience, welfare, and quality of life of the Owners, and in supplementing some services and utilities normally provided by or associated with governmental or quasi-governmental entitles, and otherwise for the improvement and maintenance of private streets, gatehouse, floodway, easement areas, walkways, hike and bike trails, recreation areas and other properties, and services and facilities devoted and related to the use and enjoyment of the Common Area and operation
oodway, easement areas, walkways, hike and bike trails, recreation areas and other properties, and services and facilities devoted and related to the use and enjoyment of the Common Area and operation of the Association, including, but not limited to insurance in connection with the Common Area; payment for utilities and the repair, replacement, and additions of various items within the Common Area; paying the cost of labor, equipment (including the expense of leasing and required equipment), management, and supervision of the Common Area; carrying out the duties of the Board in relation to the other various matters set forth or envisioned by this Declaration, or in any amended declaration; and for any matter or thing designed by the City of Arlington in connection with any Zoning, subdivision, platting, building, development, or occupancy requirements. The items and areas described above are not intended to be exhaustive but merely illustrative.
Basis and Amount of Annual Assessments The amount of the annual assessment shall be determined annually by the Board at an annual meeting of the members of the Association.
Special Assessments In addition to the regular annual assessment, the Board may levy in any calender year a special assessment, applicable to that year only, for the purpose or defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair, or replacement of a capital improvement upon the Common Area, including any necessary fixtures and personal property or for any unusual or emergency purposes, including, without limitation, those matters arising out of litigation and/or judgments; provided that any such assessment shall have the affirmative approval of at least 60% of the individuals comprising the Board.
out limitation, those matters arising out of litigation and/or judgments; provided that any such assessment shall have the affirmative approval of at least 60% of the individuals comprising the Board.
Rate of Assessments Both regular and special assessments must be fixed at a uniform rate for all Lots owned by Owners. Homebuilders shall pay annual assessments in the same manner as Owners.
In the event that a plat revision combines one or more Lots from the Map, then the assessment for that revised Lot shall be adjusted to reflect the assessment amount that Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 14 Page 15 of 23 would have originally been associated with the property as it existed in the Map. For example, if two Lots as shown on the Map are combined into one replaced Lot, then such Owner would pay all assessments at twice the rate for any other original, non-replatted Lot.
Due Dates The annual assessment shall be due and payable in full in advance on the first day of each calendar year and shall, if not paid within 30 consecutive calendar days thereafter, automatically become delinquent. Upon the initial sale of a Lot by Declarant to an Owner, the Owner will pay a prorated amount of the annual assessment to cover the period of time remaining in the current calendar year. The Board shall use reasonable efforts to provide each Owner with an invoice statement of the appropriate amount due, but any failure to provide such a notice shall not relieve any Owner of the obligation established by this Declaration. The Board may further prescribe different procedures for collecting assessments in advance and/or by cashier's check from Owners who have had any history
he obligation established by this Declaration. The Board may further prescribe different procedures for collecting assessments in advance and/or by cashier's check from Owners who have had any history of being untimely in the payment of assessments. The Board may waive or otherwise reduce payments of assessments by homebuilders in its sole and absolute discretion.
Duties of the Board In the event of a revision to the amount or rate of the annual assessment, or establishment of a special assessment, the Board shall fix the amount of the assessment against each Lot, and the applicable due date for each assessment, at least 60 days in advance of such date or period. Written notice of the applicable assessment shall be actually or constructively furnished to every Owner in accordance with the procedures then determined by the Board as being reasonable and economical. The Board shall, upon reasonable demand, furnish to any Owner originally liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. A reasonable charge may be made by the board of the issuance of such certificate.
not Self-Executing Lien Effective from and after the filing and recordation of this Declaration, there shall exist a self-executing and continuing contract payment and performance lien and equitable charge on each Lot with the exception of Lot 6 to secure the full and timely payment of assessments and all other charges and monetary amounts and performance obligations of Owners under this Declaration. Such lien shall be at all times superior to any claim of
full and timely payment of assessments and all other charges and monetary amounts and performance obligations of Owners under this Declaration. Such lien shall be at all times superior to any claim of homestead by any Owner. If any assessment, charge or fine is not paid on the date when due, the unpaid amount of such assessment, charge or fine shall (after the passage of any stated grace period) be considered delinquent and shall, together with any late charge and accrued interest at the highest lawful rate of interest per annum and costs of collection, Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 15 Page 16 of 23 become a continuing debt secured by the self-executing payment and performance lien on the Lot of the non-paying Owner, which shall bind such Lot in the hands of the Owner and Owner's heirs, executors, administrators, devisees, personal representatives, successors and assigns. The Association shall have the right to reject partial payments of an unpaid assessment or other monetary obligation and demand full payment. The personal obligation of the then-existing Owner to pay such assessment, however, shall remain the Owner's personal obligation and shall not pass to Owner's successors in title unless expressly assumed. However, the lien for unpaid assessments shall be unaffected by any sale or assignment of a Lot, and shall continue in full force and effect. No Owner may waive or otherwise escape liability for any assessment by non-use of the Common Area, abandonment of the Lot, or any other reason. No diminution or abatement of assessments shall be claimed or allowed by reason of any alleged failure of the Association to take
n-use of the Common Area, abandonment of the Lot, or any other reason. No diminution or abatement of assessments shall be claimed or allowed by reason of any alleged failure of the Association to take some action or to perform some function required to be taken or performed by the Association, or for inconvenience or discomfort arising from the making of improvements or repairs which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority. The obligation to pay assessments is a separate and independent covenant on the part of each Owner.
The Association may also give written notification to the holder(s) of any mortgage on the Lot of such Owner's default in paying any assessment charge, or fine.
Late Charge's If any assessment, charge, or fine is not paid when due, the Association shall have the right and option to impose a late charge (but only to the extent permitted by applicable law) to cover the additional administrate costs involved in handling the account and/or to reflect any time-price differential assessment schedule adopted or determined by the Association.
The unpaid amount of any such delinquent assessment, charge or fine shall bear interest from and after the date when due at the highest lawful rate of interest per annum until fully paid. The Association may, at is election, retain the services of any attorney to review, monitor, and/or collect unpaid assessments, charges, fines and delinquent accounts, and there shall also be added to the amount of any unpaid assessment, charge, fine or any delinquent account any and all attorney's fees and other costs of collection incurred by the Association.
, and there shall also be added to the amount of any unpaid assessment, charge, fine or any delinquent account any and all attorney's fees and other costs of collection incurred by the Association.
All agreements between any Owner and the Association and/or Declarant, whether now existing or hereafter arising, and whether express, implied, written, or oral, are hereby expressly limited so that in no contingency or event whatsoever shall the amount paid, or agreed to be paid, to the Association and/or Declarant for the payment or performance of any covenant or obligation contained in this Declaration exceed the maximum amount permissible under applicable law. If from any circumstance whatsoever fulfillment of any provision of this Declaration shall involve transcending the limit of validity prescribe by law, Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 16 Page 17 of 23 then ipso facto the obligation to be fulfilled shall be reduced to the limit of such validity, and if from any circumstance the Association and/or Declarant should ever receive an amount deemed interest by applicable law which shall exceed the highest lawful rate, the amount which would be considered excessive interest shall be applied to the reduction of the assessment or principal amount owing and other indebtedness of the Owner to the Association and/or Declarant and not to the payment of interest. If such excessive interest exceeds the unpaid balance of the actual assessment and such other indebtedness, the excess shall be refunded to Owner. All sums paid or agreed to be paid by any Owner for the use, forbearance, or detention of any indebtedness to the Association and/or Declarant
ther indebtedness, the excess shall be refunded to Owner. All sums paid or agreed to be paid by any Owner for the use, forbearance, or detention of any indebtedness to the Association and/or Declarant shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full term of such indebtedness until payment in full so that the interest charged, collected, or received on account of such indebtedness is never more than the maximum amount permitted by applicable law. The terms and provisions of this paragraph shall control and supersede every other provision of all agreements between any Owner with the exception of Lot 6 and the Association and/or Declarant.
Lien Affidavits The Association may, at its discretion but subject to all applicable debt collection statutes: i) prepare and file a lien affidavit in the public records of Tarrant County, Texas, which specifically identifies the unpaid assessments, charges, or fines; and ii) publish and post at one or more locations within the Common Area a list of those individuals or entities who ware delinquent and if, applicable, their suspended use and enjoyment of the Common Area until and unless the delinquency has been cured to the reasonable satisfaction of the Association. Each Owner with the exception of Lot 6 consents to these procedures and authorizes the Board to undertake such measures for the general benefit of the Association.
ffic Lien for Payment The lien upon each Lot as described within this article is and shall be a contractual payment and performance lien. Each Owner with the exception of Lot 6, for the purpose of better securing each and all monetary obligations described within this Declaration, and
shall be a contractual payment and performance lien. Each Owner with the exception of Lot 6, for the purpose of better securing each and all monetary obligations described within this Declaration, and in consideration of the benefits received and to be received by virtue of the ownership of real estate within the Property, has granted, sold, and conveyed, and by acceptance of a deed to a Lot does grant, sell and convey such Owner's Lot unto the Trustee, to have and to hold such Lot, together with the rights and privileges pertaining to such Lot, unto the said Trustee, and to its substitutes, successors, and assigns forever. Each Owner does hereby bind itself, its heirs, executors, administrators, and assigns to warrant and forever defend the Lot unto the Trustee, its substitutes, successors, and assigns, forever, against the claim, or claims, of all persons claiming any part of such Lot.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 17 Page 18 of 23 Power of Sale This conveyance with the exception of Lot 6 is made in trust to secure payment of all assessments and other obligations prescribed by this Declaration to and for the benefit of the Association as beneficiary ("Beneficiary”). In the event of default in the payment of any obligation hereby secured, Beneficiary may elect to declare the entire indebtedness hereby secured, with all accrued interest and all other sums hereby secured, immediately due and payable (subject, however, to the notice and cure provisions set forth in the Texas Property Code), and in the event of default in the payment of such indebtedness when due or declared due, it shall be the duty of the Trustee, or its successor, substitute, or assign,
rth in the Texas Property Code), and in the event of default in the payment of such indebtedness when due or declared due, it shall be the duty of the Trustee, or its successor, substitute, or assign, at the request of Beneficiary (which request is hereby conclusively presumed), to enforce this trust. After advertising the time, place and terms of the sale of the Lot then subject to the lien, and mailing and filing notices as required by the Texas Property Code, and otherwise complying with law, the trustee shall sell the Lot then subject to the lien at public auction in accordance with such notices on the first Tuesday in any month between the hours of 10:00 A.M. and 4:00 P.M., to the highest bidder for cash, setting all of the Lot as an entirety and make due conveyance to the purchaser or purchasers, with general warranty binding upon the Owner, its heirs and assigns. Out of the money arising from such sale, the Trustee shall pay first all the expenses of advertising the sale and making the conveyance including a reasonable commission to itself, which commission shall be due and owing in addition to the attorneys' fees provided for, and then pay to Beneficiary the full amount of principal, interest, attorneys' fees and other charges due and unpaid on said indebtedness, rendering the balance of the sales price, if any to the Owner, its heirs or assigns, and/or to any other lien holders (if so required by applicable law). The recitals in the conveyance to the purchaser or purchasers shall be full and conclusive evidence of the truth of the matters stated, and all prerequisites to said sale shall be presumed to have been performed, and such safe and conveyance shall be conclusive against the Owner, its heirs and assigns.
the truth of the matters stated, and all prerequisites to said sale shall be presumed to have been performed, and such safe and conveyance shall be conclusive against the Owner, its heirs and assigns.
Beneficiary, if it is the highest bidder, shall have the right to purchase at any sale of the Lot, and to have the amount for which Lot is sold credited on the debt then owing.
FIQU Suit for Collection It is agreed that in the event a foreclosure should be commenced by the Trustee, or its substitute, successor, as assign, Beneficiary may at any time before the sale of said property direct the trustee to abandon the sale, and may then institute suit for the collection of said indebtedness, and for the foreclosure of this contract payment and performance lien. It is further agreed that if Beneficiary should institute a suit for the collection of such amounts, and for a foreclosure of this contract lien, that it may at any time before the entry of a final judgment in the suit dismiss the suit, and require the Trustee, its substitute, successor, or assign, to sell the Lot in accordance with the provisions of this article.
Page 18 Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 19 of 23 Substitute Trustee Beneficiary in any event is hereby authorized to appoint a substitute trustee, or a successor trustee, to act instead of the Trustee without formality other than the designation in writing of a substitute or successor trustee, and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness hereby secured has been paid in full, or until said Lot is sold, and each substitute and
shall extend to the appointment of other successor and substitute trustees successively until the indebtedness hereby secured has been paid in full, or until said Lot is sold, and each substitute and successor trustee shall succeed to all of the rights and powers of the original Trustee.
In the event any sale is made of the Lot, the Owner, and its heirs and assigns, shall upon the making of such sale surrender and deliver possession of the Lot se sold to the purchaser at such sale, and in the event of its failure to do so it shall from and after the making of such sale be and continue as a tenant at will of such purchaser. In the event of any such failure to surrender possession of the Lot upon demand, the purchaser, or its heirs or assigns, shall be entitled to institute and maintain an action for forcible detainer of said Lot in the Justice of the Peace Court in the justice precinct in which the Lot is situated.
The foreclosure of the continuing contract lien on any one or more occasions shall not remove, replace, impair, or extinguish the same continuing lien from securing all obligations arising from and after the date of foreclosure.
Subordination of Lien to Mortgages The lien upon each Lot securing payment of the assessments and other obligations provided in this Declaration shall be superior to any and all other charges, liens, or encumbrances which may hereafter in any manner arise or be imposed upon any Lot, whether arising from or imposed by judgment or decree, or by any agreement, contract, mortgage, or other instrument, except a) bona-fide first mortgage or first deed of trust liens for purchase money and/or home improvement purposes placed upon a Lot (including institutional mortgages), in which event the Association's lien shall automatically become
or first deed of trust liens for purchase money and/or home improvement purposes placed upon a Lot (including institutional mortgages), in which event the Association's lien shall automatically become subordinate and inferior to such first lien (it being the intent of this Declaration that the Association's lien shall not be inferior to second liens); Unc (iens for taxes and/or other public charges as are by applicable law made superior to the Association's lien; and such other liens as the Board may, in the exercise of its reasonable discretion, elect to voluntarily subordinate the Association's lien; provided, however, such subordination shall apply onto to: i)assessments which have been due and payable prior to the foreclosure sale (whether public or private) of such Lot pursuant to the terms and conditions of any such first mortgage or deed of trust or tax lien; and ii) the permitted lien on the Lot alone and not on or to any easement appurtenant for Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 19 Page 20 of 23 use and enjoyment of the Common Area. Such sale shall not relieve such Lot from liability for the amount of any assessment thereafter coming due not from the lien of any such subsequent assessment. Such subordination shall not apply where the first mortgage or deed of trust or tax lien is used as a device, scheme, or artifice to evade the obligation to pay assessments and/or to hinder the Association in performing its functions under this Declaration.
Exempt Property Notwithstanding anything contained in this Declaration to the contrary, the following property, otherwise subject to this Declaration shall be exempted from any assessment, charge, and lien created in this Declaration: a) b) c) d) e)
d in this Declaration to the contrary, the following property, otherwise subject to this Declaration shall be exempted from any assessment, charge, and lien created in this Declaration: a) b) c) d) e) Ado all properties dedicated to and accepted by a local public of governmental authority; all portions of the Property owned by the Declarant during the development of the Property; provided however, the Declarant may voluntarily, in writing, waive its exemption for all or portions of the Lots which it owns, or may agree with the Board to reduced assessments for Declarant's Lots; the Common Area; any Lots owned by a mortgagee providing development financing for the Property after any foreclosure by such mortgagee; provided, however, such mortgagee may voluntarily, in writing, waive its exemption from assessments for all or portions of the Lots which it owns, or may agree with the Board to reduced assessments for such Lots; and Lot 6 with all current and future improvements.
Should the Declarant make voluntary payments of assessments to the Association from the date of recordation of this Declaration until the third anniversary of its filing, the Board may authorize the repayment by the Association to the Declarant of any or all of such sums.
பல் VIII. GENERAL PROVISIONS Enforcement The Developer, the Association (upon creation), or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by this Declaration. Failure to enforce any covenant or restriction shall not be deemed a waiver of the right of enforcement either with respect to the violation in question or any other violation. All waivers must be in writing and signed by the party to be bound.
on shall not be deemed a waiver of the right of enforcement either with respect to the violation in question or any other violation. All waivers must be in writing and signed by the party to be bound.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 20 Page 21 of 23 Severability Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision, and all other provisions shall remain in full force and effect.
Covenants Running with the Land These easements, restrictions, covenants, and conditions are for the purpose of protecting the value and desirability of the Property. Consequently, they shall run with the real property and shall be binding all parties having any right, title, or interest in the Property in whole or in part, and their heirs, successors, and assigns. These easements, covenants, conditions, and restrictions shall be for the benefit of the Property each Lot, and each Lot Owner.
Captions The captions above the various paragraphs of this Declaration are for convenience only, and shall not be utilized in the constructions or interpretation of the Declaration's provisions or terms.
Duration and Amendment The covenants, conditions, and restrictions of this Declaration shall be effective for a term of 30 years from the date this Declaration is recorded, after which period the covenants, conditions, and restrictions shall be automatically extended for successive periods of ten years, subject to termination by an instructed signed by more than 70% of the Owners.
The covenants, conditions and restrictions of this Declaration may be amended by an instruction signed by more than 75% of the Owners. Neither any amendment nor any
ned by more than 70% of the Owners.
The covenants, conditions and restrictions of this Declaration may be amended by an instruction signed by more than 75% of the Owners. Neither any amendment nor any termination shall be effective until recorded in the real property records of Tarrant County, Texas, and all requisite governmental approvals, if any, have been obtained.
no Attorneys' Fees If any controversy, claim, or dispute arises relating to this instruction, its breach, or enforcement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs.
Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 21 Page 22 of 23 Liberal Interpretation This Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the Property.
This Declaration is executed on this 18th day of Dec.
FOSTER-FISHCREEK PROPERTIES, L.P.
by: Burlwood Enterprises, Inc., general partner , Inc., or Banda K. Homes by Linda K. Thomas, President 2019, at Arlington, Texas.
Copy STATE OF TEXAS X COUNTY OF TARRANT )( This instrument was acknowledged before me on this 10th day of Dec 2019, by Linda K. Thomas, President of Burlwood Enterprises, Inc., General Partner of FosterFishcreek Properties, L.P., on behalf of said limited partnership.
Smith Notary Public, State of Texas nofficia My commission expires: 03-14-2020 AFTER RECORDING, PLEASE RETURN TO: Foster Fishcreek Properties, L.P.
201 Main St.
Suite 1555 Fort Worth, Texas 76102-3193 NOTARY BLIC TEXA C SMITH Notary Public, State of Texas Comm. Expires 03-14-2020 Notary ID 126447834 Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 22 COUN Page 23 of 23
ry Public, State of Texas Comm. Expires 03-14-2020 Notary ID 126447834 Declaration of Covenants, Conditions, and Restrictions for Running Ranch Estates Revised December 2019 Page 22 COUN Page 23 of 23 MARY LOUISE NICHOLSON COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 FOSTER & SEAR 817 GREENVIEW DR GRAND PRAIRIE, TX 75050 Submitter: FOSTER & SEAR DO NOT DESTROY WARNING-THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: Instrument #: Unofficial Copy By: Marga Niches PGS $103.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.