Denton County Juli Luke County Clerk Instrument Number: 61416 ERecordings-RP RESTRICTIONS Recorded On: June 13, 2023 04:14 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $46.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To: Document Number: 61416 20230613000650 Corporation Service Company Receipt Number: Recorded Date/Time: June 13, 2023 04:14 PM User: Station: Station 35 STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke County Clerk Denton County, TX RYAN MEADOWS OWNERS ASSOCIATION XERISCAPlN(i POLICY WHEREAS~ the Board of Direcro.rs (the "Board") for Ryan Meadows Owners Association r:Association") has the powers and duties necessary for the ndministratio1\ of the affairs of the Association and to enforce the provisions of any rules~ covenants, conditions and restrictions contained in the Declaration of Covenants. Conditions, & Restrictions for Ryan Meadows dated April 25, 2017 and recorded in the real property records of Denton County. Texas as Document No. 2017-48225 and as amended from time to time (the "Declaration"); and WHEREAS, pursuant to Article 3. Section 3.3 of the Bylaws of Ryan Meadows Owners Association ("Bylaws"), the Board has the powers and duties necessary for the administration of the affairs: of the Association and for the operation and maintenance of the Property as may be
s Owners Association ("Bylaws"), the Board has the powers and duties necessary for the administration of the affairs: of the Association and for the operation and maintenance of the Property as may be required or pennitted by the Governing Documents and applicable law. The Association may do any and aU things .that are lawful and which are necessary, proper. or desirable in operating for the best interests of its members., subject only to limitations upon the exercise of such powers as may be conia.incd in applicable law or the Governing Documents; and to adopt, rune~d, repeal, and enforce reasonable rules, and penalties for infractions thereof; regarding the occupancy, use. disposition~ maintenance. appearance, and enjoyment of the Property; and WHEREAS, pursuant to Chapter G. Paragraph G. I l .4 of the Owners Manual of Rules & Regs for Ryan Meadows eManual"), the Board may adopt Rules with xeriscaping guidelines; and WHEREAS~ the capitalized terms used herein shall have the meanings given such tenns in the governing documents for the Association. unless expressly defined herein; and WHEREAS, the Association held a properly noticed open board meeting. and at such meeting each board member was given reasonable opportunity to express the board memberis opinion to an other board members Qnd to vote. and the Board detennined that the adoption of this Xeriscaping Policy would promote the welfare. health and/or safety of the Members and/or the Association, the board members adopted the following Xeriscaping Policy which supersedes any contrary Xeriscaping Policy that may ha\lc previously been in effect and is effective when
mbers and/or the Association, the board members adopted the following Xeriscaping Policy which supersedes any contrary Xeriscaping Policy that may ha\lc previously been in effect and is effective when recorded in the Real Property Records of Denton County, Texas; NOW, THEREFO~ IT IS RESOLVED: RYAN MEADOWS OWNERS ASSOCIATION XERISCAPlNG POLICY ATTACHED HERETO IS HEREBY ADOPTED This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting and has not been modified, rescinded orrevoked.
DAtEBJ...«. Jen.)
s-e,A Secretary ...
STATE OF TEXAS § § COUNTY OF DENTON § MEADOWS OWNERS ASSOCIATION on behalf of said entity.
RYAN Notary stamp or seal: AFTER RECORDrNG RETURN TO: Ryan Meadows Owners Association c/o The Kapioltas Law Finn, PLLC Attn: Thomas Kapioltas 2150 S. Central Expressway, Suite 200 McKinney, Texas 75070 Ryan Meadows Supplement to Section G4 Xeriscaping RYAN MEADOWS HOME OWNERS ASSOCIATION XERISCAPING Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Dedaratiori of Covenants, Conditions; Easements and Restrictions for Ryan Meadows Planned Unit Development Note: Texas statutes presently render null and void any restriction in the Declaration which completel y prQhibits the'insta.llatiori of dtought-resistanUandscaping.cr water-conserving turf on a residential lot,
statutes presently render null and void any restriction in the Declaration which completel y prQhibits the'insta.llatiori of dtought-resistanUandscaping.cr water-conserving turf on a residential lot, which is a landscaping procedure known as xeriscaping ("Xeriscaping") .. The Board and/or t,he architectural approval authority µhder the Dedaiatiori has adopted this policy in lieu of any express prohibition against Xeriscaping or any provision regulating· such matters which conflict with Texas law, as set forth in the. Declaration.
A. ARCHITECTURAL REVIEW APPROVAL REQUIRED.
Approval by the Architectural Review Committee under the Declaration is required prior t> installing shrubs, vines, herbaceous perennials and group cover which are native to the area whei:i, designing their aggregate encompass over . 20% of . such Owner's .. front yard. The Architectural Review Architectural. Review · Committee . for approval; . (ii) supervising installation or . construction to conflrtn compliance with an approved application or (iii) the compliance of an approved appli{ation with governmental codes and ordinances; state and federal laws.
B. XERISCAPING PROCEDURES AND REQUIREMENTS 1, Approval Application . Apptoval by the Architectural Review Commit.tee is required prior to installing Xeriscaping. To .obtain Architectural Review Committee approval of Xeriscaping, the Owner shall pro~ide the Architectural Review Committee. with the following information: (i) the proposed site
alling Xeriscaping. To .obtain Architectural Review Committee approval of Xeriscaping, the Owner shall pro~ide the Architectural Review Committee. with the following information: (i) the proposed site location of the Xeriscaping on the Owner's Lot; (ii) a description of theXeriscaping, including the types of plants, border materials, hardscape materials· and pl)otograph or other accurate depiction . and (iii) the percentage of yard. to be covered with turf, gravel, rocks and cacti (the "Xeriscaping .
Application"). A Xeriscaping Application may onlybe submitted by an Owner unless the Owner's tenant provides written confirmati on at the time of submission that the Owner consents to_the Xeriscaping Application.
z . Approval Process. 'The. decision of the Architectural. Review Committee will be made within a govern the ,review and approval of improvements .. A Xerisc:aping Application submitted to install Xeriscapihg on property owned by the Assoeiatio1). or pr0,perty owned in common by members of the Association will not be approved. Any proposal to install Xeriscaping on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the . Board rteed not adhere to · this policy when considering any such request.
Each Owner is advisc:!d that if the Xeriscaping Application is approved by the· Architectural Review Committee, installation of the Xeriscaping must: (i) strictly comply with the Xeriscapillg Application; (ii) commence within sixty (00) days of approval; and (iii) be diligently prosecuted to. completion. If the
installation of the Xeriscaping must: (i) strictly comply with the Xeriscapillg Application; (ii) commence within sixty (00) days of approval; and (iii) be diligently prosecuted to. completion. If the Owner fails to cause the Xeriscaping t> be. installed in accordance with the approved Xeriscaping Applicati<m, the Architectural Review Committee may require the Owner to: (i) modify the Xeriscaping Application to accurately reflect the Xeriscaping installed On the property; or (ii) remove:! the Xeriscaping and reinstall tile Xeriscaping in accordance with the approved Xeriscaping Application. Failure to install Xeriscaping in accordance with the approved Xeriscaping Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties; Any requirement imposed by the Architectµral Control Comm.ittee to resubmit a Xeriscaping Application or remove and relocate Xeriscaping in accordance with the approved Xeriscaping Application shall be at the Owner's sole cost and expense ..
1 Approval Conditions, Unless otherwise approved in advance and in Writing by the Architectµral Review Committee, each Xeriscaping Application and all Xeriscaping 1o be installed in accordance therewith must comply with the following: (i) The Xeriscaping must be aesthetieally compatible with other. landscaping in the community as reasonably determined by the Architectural Review Committee. For purposes of this Xeriscaping polic r, "aesthetically coiltpatible" shall mean overall and long-term . aesthetic compatibility within the community. For example, an Owner's Lot plan· may be denied if the Architectural Review Committee determines that a) the proposed Xeriscaping would not be harmonious with already
mpatibility within the community. For example, an Owner's Lot plan· may be denied if the Architectural Review Committee determines that a) the proposed Xeriscaping would not be harmonious with already plant materials would result in damage to or cause deterioration of the turf or landscaping of an adjacent property owner, resulting in a reduction of aesthetic appeal of the adjacent property owner's Lot.
(ii) No more than 20% of such Owner's front yard shall be covered With artifo::ial turf, gravel, rocks or cactL (iii) The X:eriscaping must not attract diseases and insects that are harmful to the existing landscaping on neighboring Lots, as reasonably determined by ~e Architectural Review Committee.