47 The STATE of TEXAS COUNTY of TARRANT B7..
DECLARATION of COVENANTS, CONDITIONS and RESTRICTIONS for STRAWBERRY FIELDS 1} 3 མ༔ !
TARRANT C 03 NUG 28 30 DUNTY CLE SUPANNI HENDERSON THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration") is made this s day of January, 2003 by Strawberry Partners, LP (hereinafter referred to as "Declarant").
WITNESSETH py WHEREAS, Declarant is the owner of that certain real property referred to in Article II and described Exhibit "A" of this Declaration, which property represents a residential community development known as "Strawberry Fields". Declarant desires to provide for the preservation of values and amenities of such real property.
NOW, THEREFORE, Declarant hereby declares that the real property referred to in Article and described on Exhibit "A", and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes collectively referred to herein as "Covenants and Restrictions") hereinafter set forth.
ARTICLE Cia al The following words when used in this Declaration or any amendment or supplement hereto (unless the context shall otherwise clearly indicate or prohibit shall have the following meanings: (a) (b) (d) "Association" shall mean and refer to the Strawberry Development on Creekwod Homeowners Association, Inc., a Texas non profit corporation, which, after its formation, but subject to the provisions of this Declaration shall have the power, duty, and responsibility of maintaining and administering the Common Properties, and collecting the assessments and charges hereinafter
ject to the provisions of this Declaration shall have the power, duty, and responsibility of maintaining and administering the Common Properties, and collecting the assessments and charges hereinafter prescribed, and have the right of administering and enforcing the Covenants and Restrictions "Common Properties shall mean and refer to the screening wall, irrigation, subdivision signage, and landscaping along Creekwood Drive and in the right-of-way of Strawberry Fields Drive; and any non-standard street and traffic signage placed within the development, that are now or may hereafter be constructed or installed thereon, and including all equipment, accessories, and machinery used in the operation or maintenance of any such Common Properties and any additions to or replacements of such Common Properties. Declarant reserves the right to effect redesigns or reconfigurations of the Common Properties.
"Declarant shall mean and refer to Strawberry Partners, LP and its successors and assigns. No person or entity purchasing one or more Lots from Strawberry Partners, LP in the ordinary course of business shall be considered as "Declarant".
"Committee” shall mean and refer to the Architectural Control Committee discussed in this Declaration pursuant to Article IX hereof. The Committee shall be composed of three (3) individuals selected and approved by Declarant, so long as Declarant owns a Lot(s) in Strawberry Fields. At such time as Declarant is no longer an owner in the subdivision, the Committee shall be elected by owners in the subdivision. In the event of the death or resignation of any member of the Committee, a successor shall either be designated by Declarant or elected by the owners of the subdivision; whichever is appropriate at the time.
event of the death or resignation of any member of the Committee, a successor shall either be designated by Declarant or elected by the owners of the subdivision; whichever is appropriate at the time.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PACE 1 (e) (g) (h) (i) (j) 2.07 2.02 "Existing Property" shall mean and refer to the real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this declaration pursuant to Section 2.01 of Article 11 hereof.
"Lot" shall mean and refer to any plot or tract of land shown upon any recorded subdivision map(s) or plat(s) of the Property; as amended from time to time, which is designated as a lot therein and which is or will be improved with a residential dwelling in conformity with the building restrictions herein set forth.
"Adjoining Lot" shall mean and refer to a Lot that is adjacent to any other Lot as shown on any recorded plat of the Property. Any reference in Article VIII hereof to the visibility of an item from any Adjoining Lot shall mean the visibility of such item from the ground level of the structure located on the Adjoining Lot and not the second story of a two-story dwelling located thereon.
"Member" shall mean and refer to each owner of a Lot.
"Owner" shall mean and refer to each and every person or business entity who or which is a record owner of a fee or undivided fee interest in any Lot subject to these Covenants and Restrictions; however, the word "Owner" shall not include person(s) on entities who hold a bona fide lien or interest in a Lot as security for the performance of an obligation. When more than one person holds an interest in any Lot, the vote for such Lot, should a vote be necessary
o hold a bona fide lien or interest in a Lot as security for the performance of an obligation. When more than one person holds an interest in any Lot, the vote for such Lot, should a vote be necessary any reason, shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
for "Property" shall mean and refer to all such existing properties, and any additions thereto, as are subject to this Declaration, or any amendment or supplement hereto, prepared and filled of record pursuant to the provisions of Article II hereof.
ARTICLE PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Existing Property The Existing Property is located in the City of Mansfield, Tarrant County, State of Texas, and is more than particularly described on Exhibit "A", attached hereto and incorporated herein by reference for all purposes.
Unofficial Additions to Existing Property. Additional land(s) may become subject to this Declaration in the following manners (c) (a) Declarant my add or annex additional real property to the scheme of this Declaration by filing of record with a Supplementary Declaration of the Covenants, conditions, and Restrictions which shall extend the scheme of the covenants, conditions and restrictions of this Declaration to such property, provided, however, that such supplementary declaration may contain such complementary additions and modifications of the Covenants and Restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the concept of this Declaration.
In the event any person or entity other than Declarant desires to add or annex
he different character, if any, of the added properties and as are not inconsistent with the concept of this Declaration.
In the event any person or entity other than Declarant desires to add or annex additional residential and/or common areas to the scheme of this Declaration, such proposed annexation must have the prior written consent and approval of the majority of the outstanding votes.
Any additions made pursuant to paragraphs (a) and (b) of this section 2.02, when made, shall automatically extend the jurisdiction, functions, duties and membership of the association to the properties added.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 2 !
3.01 3.02 ARTICLE IN COMMENCEMENT OF THE ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS The Association shall commence upon the filing with the Secretary of State of Texas of the Articles of Incorporation by Declarant.
Membership. Every Owner of a Lot shall automatically be and must remain a Member of the Association in good standing. The Board of Directors may declare that the Owner is not a Member in good standing because of past unpaid dues, fines, late charges, interest, legal fees, and/or any other assessments of any member who is not in good standing until such past unpaid amounts are paid in full.
Voting Rights. The Association shall have three classes of voting membership: Ado CLASS A: Class A Members shall be all Members other than Class B and Class C Members.
Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shal be exercised as they,
old the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shal be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any such lot.
CLASS B: Class B Members shall be any bona fide Owner who is engaged in the process of constructing a residential dwelling on any Lot for sale to consumers. Class B Members shall be nonvoting members of the Association. The Class B membership shall cease, and each Class B Member shall become a Class A Member: (i) When the total number of votes outstanding in the Class A membership equals the total number of votes outstanding in the Class membership; or (ii) On the tenth (10th) anniversary of the date hereof, whichever occurs first in time.
CLASS C: The Class C Member shall be Declarant. The Class C Member shall be entitled to two (2) votes for each Lot that it owns and for each Lot owned by all Class B Members.
Notwithstanding the aforementioned voting rights, within the Association and consistent with the provisions of Section .o hereinafter, until: Unofficial 3.03 (a) Declarant no longer owns: record title to any Lot; or alien interest in any Lot; or title to any adjoining acreage intended to be developed as an additional section or phase of Strawberry Fields; or January 1, 2020, Whichever occurs first in time, neither the Association nor the members shall take any action or inaction with respect to any matter whatsoever without the consent and approval of the Declarant, which shall not be unreasonably withheld or delayed.
Quorum, Notice and Voting Requirements. The quorum, notice, and voting requirements of
hatsoever without the consent and approval of the Declarant, which shall not be unreasonably withheld or delayed.
Quorum, Notice and Voting Requirements. The quorum, notice, and voting requirements of and pertaining to the Association are set forth within the Articles of Incorporation and Bylaws of the Association, as same may be amended from time to time. Subject to the provisions of Section 3.02 above, any action by or on behalf of the Association may be taken with the assent DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 3 !
4.01 given in writing by Members who collectively hold or control more than sixty percent (60%) of the outstanding votes of the Association.
ARTICLE IV GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS Powers and Duties. The affairs of the Association shall be conducted by its Board of Directors (hereinafter referred to as the "Board"). The Board shall be selected in accordance with the Articles of Incorporation and Bylaws of the Association. The Board, for the benefit of the Common Properties and the Owners, shall provide, and shall pay for out of the maintenance fund(s) provided for in Article V below, the following: (a) (b) (c) (d) (e) (f) Care and preservation of the Common Properties (including the screening wall..
City has no obligation to maintain the screening wall) and the furnishing and upkeep of any desired personal property for use in the Common Properties; opy Any private trash and garbage collection service and security arrangements; Taxes, insurance and utilities (including, without limitation, electricity, gas, water and sewer charges) which pertain to the Common Properties only; The services of a person or firm (including Declarant and any affiliates of Declarant) to
g, without limitation, electricity, gas, water and sewer charges) which pertain to the Common Properties only; The services of a person or firm (including Declarant and any affiliates of Declarant) to manage the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by a manager designated by the Board; Legal and accounting services, and Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alteration, taxes or assessments which the Board is required to obtain or pay for pursuant to the terms of this Declaration or which in its opinion shall be necessary or proper for the operation or protection of the Association or for the enforcement of Unofficial The Board shall have the following additional rights, powers and duties: (g) (j) To execute all declarations of ownership for tax assessment purposes with regard to any of the Common Properties owned by the Association; To enter into agreements or contracts with insurance companies, taxing authorities and the holders of first mortgage liens on the individual Lots with respect to: (i) taxes on the Common Properties; (ii) insurance coverage (if any) on Common Properties, as they relate to the assessment, collection and disbursement process envisioned by Article V hereinbelow; and (iii) utility installation, consumption and service matters; To borrow funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit or secured by such assets of the
consumption and service matters; To borrow funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit or secured by such assets of the Association as deemed appropriate by the lender and the association; To enter into contracts, maintain one or more bank accounts, and, generally, to have all the powers necessary or incidental to the operation and management of the Association; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 4 4.02 4.03 4.04 4.05 4.06 (k) (!)
(m) (n) (0) To protect or defend the Common Properties from loss or damage by suit or otherwise, to sue or defend in any court of law on behalf of the Association and to provide adequate reserves for repairs and replacements.
To make reasonable rules and regulations for the operation of the Common Properties and to amend them from time to time; To make available to each Owner within ninety (90) days after the end of each year an annual report; Pursuant to Article VI herein, to adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property; and if proceeds are insufficient to repair damage or replace lost property, to assess the Members in proportionate amounts to cover the deficiency; and opy To enforce the provisions of this Declaration and any rules made hereunder and to fine, enjoin and/or seek damages from any owner for violation of such provisions or rules.
Board Powers, Exclusive. The Board shall have the exclusive right to contract for all goods, services, and insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. In the event or if for any reason the Board is not
ll goods, services, and insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. In the event or if for any reason the Board is not deemed authorized to act for and on behalf of the Association and the Members, then Declarant my exercise its power and authority under Section 11.02 hereof to act for and on behalf of the Association and the Members, and the Association shall reimburse Declarant for any and all reasonable expenses incurred in so acting.
Contracts with Owners. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner (including, without limitation, Declarant) for the performance, on behalf of the Association of services which the Board is otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable, and in the best interest of the Association.
Liability Limitations. Neither any Member, the Board, any Director, nor any Officer of the Association shall be personally liable for debts contracted for, or otherwise incurred by the Association, or for a tort of another member, whether such other Member was acting on behalf of the Association or otherwise. Neither Declarant, the Association, its Directors, Officers, agents, or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, Improvements or portion thereof or for failure to repair or maintain the same. Declarant, the Association or any other person, firm or corporation liable to make such repairs or maintenance shall not be liable for any personal injury or other incidental or
or maintain the same. Declarant, the Association or any other person, firm or corporation liable to make such repairs or maintenance shall not be liable for any personal injury or other incidental or consequential damages occasioned by any act or omission in the repair or maintenance of any premises improvements, or any portion thereof.
Reserve Funds. The Board may establish reserve funds that may be maintained and accounted for separately from other funds maintained for annual operating expenses and may establish separate, irrevocable trust accounts in order to better demonstrate that the amounts deposited therein are capital contributions and not net income to the Association.
Restrictions on Contracts. Neither Declarant nor the Association may directly or indirectly enter into any management agreement or any other contract on behalf of the Association which extends beyond the date Class C memberships cease as provided in Section 3.02 of this Declaration. The Association may, however, following such date, enter into new management agreements or other contracts in accordance with this Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 5 i 5.02 5.03 5.01 ARTICLE V COVENANTS FOR ASSESSMENTS Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed, as a part of the purchase money consideration for such deed and conveyance, to covenant and agree to pay to the Declarant and/or the Association (or to an independent entity or agency which may be designated by the Declarant and/or the Association to receive such moneys): (a) (b) (c) (d) Regular assessments or charges for maintenance, taxes and insurance on portions of
ty or agency which may be designated by the Declarant and/or the Association to receive such moneys): (a) (b) (c) (d) Regular assessments or charges for maintenance, taxes and insurance on portions of the Properties and the Common Properties (including, without limitation, those matters described within Section 4.01 hereof); Special group assessments for capital improvements or unusual or emergency matters, such assessments to be fixed, established and collected from time to time hereinafter provided; Special individual assessments levied against individual Owners to reimburse the Associations for extra costs for maintenance and repairs caused by the willful or negligent acts of the individual Owner and not caused by ordinary wear and tear; and Individual assessments and fines levied against individual Owners for violations of the rules and regulations pertaining to the Association and/or the common properties.
cial Copy Such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular, special group, and special individual assessments, together with such late charges, interest and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing then upon each Lot against which each such assessment is made and shall also be the continuing personal obligation of the then-existing Owner of such Lot at the time which the assessment fell due.
provisions of Sections Creation of Lien. Declarant hereby reserves for the Association a vendor's lien against each Lot to secure the payment any assessment which may be levied pursuant to the terms and 8.13 and/or 11.06 hereof, and the expenses incurred in connection with the enforcement thereof, including, without limitation, interest at the
assessment which may be levied pursuant to the terms and 8.13 and/or 11.06 hereof, and the expenses incurred in connection with the enforcement thereof, including, without limitation, interest at the maximum rate permitted by law, costs and reasonable attorneys' fees. Such lien may be enforced by appropriate judicial proceedings, and the amounts secured thereby shall be the obligation of and chargeable to Owner. Such lien shall be and is subordinate and inferior only to the following (i) assessments, liens, and charges in favor of the State of Texas and any political subdivision thereof for taxes past due and unpaid on the Lot; and (ii) amounts due under any first en deed of trust duly recorded prior to the recordation of any lien assessment as provided in Section 5.03 of this Article V.
Assessment Lien.
பல் sums assessed but unpaid, including interest thereon at the rate of ten percent (10%) per annum from the date such assessments are due until said assessments are paid (subject to the provisions hereof limiting the interest contracted for, charged or received to the maximum permitted by applicable law) shall constitute a lien on the Lot superior to all other liens and encumbrances, except as provided in Section 5.02 of this Article V. Declarant, or the Board or its duly appointed agent, may (but shall not be required to) prepare a written notice setting for the amount of such unpaid indebtedness, the name of Owner and a description of the Lot. Such notice shall be signed by Declarant or the Board or its duly appointed agent and may be recorded in the office of the County Clerk of Tarrant County, Texas. Such lien may be enforced by the foreclosure of it upon the Lot by the Declarant or the Board or its duly appointed
gent and may be recorded in the office of the County Clerk of Tarrant County, Texas. Such lien may be enforced by the foreclosure of it upon the Lot by the Declarant or the Board or its duly appointed agent. In any such proceeding, the Owner shall be required to pay the costs, expenses DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 6 5.04 (b) (c) (d) and attorney's fees incurred in connection with filing the lien, and in the event of any foreclosure proceeding, all additional costs, expenses and attorney's fees incurred in connection with any such foreclosure proceeding. Declarant or the Board or its duly appointed agent shall have the power to bid on the Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, convey or otherwise deal with the same.
Any mortgagee holding a lien on the Lot may pay, but shall not be required to pay, any unpaid assessments owing with respect to the Lot, but such payment shall not be deemed a waiver of Owner's default by either Declarant, the Board or such mortgagee.
The amount of assessments assessed against the Lot shall also be a personal obligation or indebtedness of the Owner thereof at the time the assessment is made.
Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien securing same.
Owner, by acceptance of the deed to the Property, hereby expressly vests in Declarant, the Board or its agents the right and power to bring all actions against owner personally for the collection of such charges as a debt, and to enforce the aforesaid liens by all methods available for the enforcement of such lieks. No Owner may waive or otherwise except liability for the assessments provided herein by non-use of the
t, and to enforce the aforesaid liens by all methods available for the enforcement of such lieks. No Owner may waive or otherwise except liability for the assessments provided herein by non-use of the Common Properties or by abandonment of his Lot.
If any assessment remains unpaid at the expiration of thirty (30) calendar days from and after the due date established by the Declarant and for the Board, a late charge shall be assessed against the non-paying Owner for each month that any portion of an assessment remains unpaid. The late charge shall be in the amount of Twenty-five and No/100 Dollars ($25.00) for all Class A, B, and C Members. A Fifteen and No/100 Dollars ($15.00) service charge shall be charged for each check that is returned because of insufficient funds. The amounts ofate charges and service charges may be adjusted, from time to time, by the Board consistent with any changes in the amounts of regular or special assessments.
Purpose of Assessments The assessments levied by the Association shall be used exclusively for the purposes P) promoting the health, recreation, safety and welfare of the residents of the Property; (ii) improving and maintaining any private walkways, jogging and bicycle trails, lakes, recreational areas or other properties, services and facilities directly related to the use and enjoyment of the Common Properties; (iii) the payment of taxes on the Common Properties and insurance (if any) in connection with the Common Properties and the repair, replacement and additions thereto; (iv) the payment for utility usage within the Common Properties, repair, replacement and additions of various items within the Common Properties including non standard street and traffic posts and signs, and the establishment and
usage within the Common Properties, repair, replacement and additions of various items within the Common Properties including non standard street and traffic posts and signs, and the establishment and maintenance of escrow amounts with the City of Mansfield pursuant to non-standard street and traffic signs; (v) trash and garbage collection and security arrangements, as may be determined necessary and appropriate by the Association from time to time; (vi) paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and the management and supervision of, the Common Properties; (vii) carrying out the duties of the Board as set forth in Article IV hereof; (viii) carrying out the various matters set forth or envisioned herein or in any amendment or supplement hereto; and (ix) for any matter or thing designated by the City of Mansfield in connection with any zoning, subdivision, platting, building or development requirements.
Basis and Amount of Regular Maintenance Assessments.
5.05 (a) Until and unless otherwise determined by the Declarant and/or the Board, the maximum regular assessment shall be Three Hundred Sixty Dollars ($360.00) per Lot per year payable on the first business day of July of each year (beginning july 1, 2003) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 7 5.06 5.07 5.08 (b) (c) (d) by the owner of record on that date (except that no assessment will be due from Declarant applicable to unsold lots).
The Declarant and/or the Board may establish the maximum annual assessment for each Lot, provided that the maximum annual assessment may not be increased more than fifty percent (50%) above the maximum annual assessment for the previous year
ish the maximum annual assessment for each Lot, provided that the maximum annual assessment may not be increased more than fifty percent (50%) above the maximum annual assessment for the previous year unless otherwise approved by the Members of the Association as provided in Section 3.03 of Article III.
After consideration of current maintenance costs and the future needs of the Association, the Declarant and/or the Board may fix the actual annual assessment at an amount equal to or less than the then-existing maximum annual assessment.
The Declarant and/or the Board may establish a time-price differential schedule for the payment of the regular assessment in which the lowest amount is the actual regular base assessment.
Special Assessments for Capital Improvements. In addition to the regular assessments authorized by Section 5.01 hereof, the Association may levy in any fiscal year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including any necessary fixtures and personal property related thereto; provided that any such assessment shall have the affirmative approval of the Members of the Association as provided in Section 3.03, Article III.
Uniform Rate of Annual and Special Assessments. Both regular and special capital assessments must be fixed at a uniform rate for all Lots. Each Lot owner, including the Declarant, shall be charged with one hundred percent (100%) of the established per Lot assessment.
Date of Commencement of Assessments; Due Dates, Assessments shall commence and become due and payable on the first (1) day of the month following notice from Declarant to
tablished per Lot assessment.
Date of Commencement of Assessments; Due Dates, Assessments shall commence and become due and payable on the first (1) day of the month following notice from Declarant to the Owners that Articles of Incorporation for Strawberry Development on Creekwood Homeowners Association, Inc. had been filled and that the Association is active. The Declarant and/or the Board may prescribe from time to time that the regular base assessments are to be collected on an annual semi-annual, quarterly, or monthly basis, and accordingly, the Declarant and/or the Board shall prescribe the appropriate due dates and, if applicable, the time-price differential rates and due dates.
5.09 Duties of the Board with Respect to Assessments.
(a) Unóni (c) in the event of a revision to the amount or rate of the regular base assessment, or establishment of a special group or special individual assessment, the Declarant and for the Board shall fix the amount of the base assessment against each Lot, and the applicable due dates for each assessment, at least sixty (60) days in advance of such date or period, and the Board shall, at the time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Declarant and/or the Association and/or the manager appointed by the Association.
Written notice of the assessment shall thereupon be delivered or mailed to every Owner subject thereto.
The Declarant and/or the Board shall upon demand at any time furnish to any Owner liable for said assessment, a certificate in writing signed by Declarant and/or an Officer of the Association or the manager, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment
signed by Declarant and/or an Officer of the Association or the manager, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. A reasonable charge may be made by the Board or the manager for the issuance of such certificate.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 8 : I 5.10 Exempt Property. The following property otherwise subject to this Declaration shall be exempted from the assessments, charges and liens created herein: (a) (b) (c) All properties dedicated and accepted by the local public authority and devoted to public use; All Common Properties as defined in Article I hereof; and Any and all areas that may be reserved by the Declarant on the recorded plat(s) of the Property.
ARTICLE VI 6.01 6.02 6.03 6.04 INSURANCE; REPAIR AND RESTORATION; SECURITY ARRANGEMENTS Right to Purchase Insurance. The Declarant and/or the Association shall have the right option to purchase, carry and maintain in force insurance covering any or all portions of the common Properties, any improvements thereon or appurtenant thereto, for the interest of the Declarant and/or the Association and of all Members thereof, in such amounts and with such endorsements and coverage as shall be considered good sound insurance coverage for properties similar in construction, location, and use to the subject property. Such insurance may include, but need not be limited to: (a) (b) 33 (c) (d) Insurance against loss or damage by fire and hazards covered by a standard extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavating costs as determined annually
zards covered by a standard extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavating costs as determined annually by the insurance carrier.
Public liability and property damage insurance on a broad form basis.
W Fidelity bond for all officers and employees of the Association having control over the receipt or disbursement of funds; and Officers' and directors' liability insurance, Insurance Proceeds. The Declarant and/or the Association and the members shall use the net insurance proceeds to repair and replace any damage or destruction of property, real or personal, covered by such insurance Any balance from the proceeds of insurance paid to the Declarant and/or the Association, as required in this Article VI, remaining after satisfactory completion of repair and replacement, shall be retained by the Association as part of a general reserve fund for repair and replacement of the Common Properties.
Insufficient Proceeds. If the insurance proceeds are insufficient to repair or replace any loss or damage, the Declarant and/or the association may levy a special assessment as provided for in Article of this Declaration to cover the deficiency.
Other Insurance Matters. The Association will seek to carry public liability insurance generally covering bodily injury and property damage arising out of negligent acts by employees, Members or authorized representatives of the Association. The Association will not carry an insurance pertaining to, nor doe sit assume any liability or responsibility for, the real or personal property of the Owners (and their respective family members and guests.)
Each Owner expressly understands, covenants and agrees with Declarant and the Association
ponsibility for, the real or personal property of the Owners (and their respective family members and guests.)
Each Owner expressly understands, covenants and agrees with Declarant and the Association that neither Declarant nor the Association has any responsibility or liability of any kind or character whatsoever regarding or pertaining to the real and personal property of each Owner.
ARTICLE VII USE OF COMMON PROPERTIES The Common Properties may be used and enjoyed as follows: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 9 7.01 7.02 7.03 7.04 Restrictive Actions by Members. No member shall permit anything to be done on or in the Common Properties which would violate any applicable public law or zoning ordinance or which will result in the cancellation of or increase of any insurance carried by the Declarant and/or the Association, or which would be in violation of any law or any rule or regulation promulgated by the Board.
Damage to the Common Properties. Each member shall be liable to the Declarant and/or the Association for any damage to any portion of the Common Properties caused by the negligence or willful misconduct of any member or his family and guests.
Rules of the Board. All Members shall abide by any rules and regulations adopted by the Declarant and/or the Board. The Declarant and/or the Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and a member determined to have violated said rules and regulations shall be liable to the Association for all damages and costs, including reasonable attorney's fees.
Ad Use of Common Properties. Use of the Common Properties shall be limited to Members, their
lations shall be liable to the Association for all damages and costs, including reasonable attorney's fees.
Ad Use of Common Properties. Use of the Common Properties shall be limited to Members, their families and guests. With the exception of the regular business activities of the Declarant or the Association, no person or entity shall use any portion of the Common Properties to: (a) (b) Solicit, promote or conduct business, religious, political or propaganda matters; Distribute handbills, newsletters, flyers, circulars of other printed materials without the prior written consent of the Declarant and/or the Association (which consent may be withheld in its sole and absolute discretion.
ARTICLE VIN fficial Co CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS PROTECTIVE COVENANTS The property (and each Lot situated therein) shall be occupied and used as follows: 8.01 8.02 Residential Use. All Lots shall be used for residential purposes only. No building or structure shall be erected, altered placed or permitted to remain on any Lot other than a single-family dwelling and a private garage for no more than four vehicles.
Dwelling. All Dwellings are encouraged to be designed in the "Old World" or "Country French" style so as to maintain consistency throughout the neighborhood. No dwelling shall be erected on any part of the herein described real property containing less than 3000 square feet of principal living area Said living area to be fully enclosed. For one and one-half or two story houses, 2000 sq feet will be the minimum for the first floor. A minimum plate line of ten (10) feet shall be required for the ground floor; nine (9) feet for additional floors. Eighty percent (80%) of all exposed exterior wall area exclusive of doors, windows, or gables shall be
ine of ten (10) feet shall be required for the ground floor; nine (9) feet for additional floors. Eighty percent (80%) of all exposed exterior wall area exclusive of doors, windows, or gables shall be masonry/stucco; however, all front or side exterior walls that are visible from the street and extend continuously to front or side exterior walls that are visible from the street and extend continuously to the second floor or to a gable shall be built of masonry/stucco material.
Masonry/stucco material shall be of quality and appearance equal or superior to (1) standard clay or shale common brick (2) color pigment Portland cement brick, or (3) quarried stone. All mailboxes and chimneys shall be faced with masonry/stucco in harmony with the house design. Porches, terraces, unfinished basement area, and garages shall not be construed as living area. Upper floor(s) living area shall be no more than 33% of total living area. Upper floor street facing elevations shall not exceed 40 feet in length.
No single-family dwelling shall be more than two and one-half stories (a half story defined as 400 sq feet for this purpose), including the main floor level. No outhouse of any kind, tent, shed or trailer, or any other temporary dwelling, shall be erected or maintained on any building site or be used for living purposes, nor shall any garage be used for dwelling purposes.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 10 8.03 8.04 8.05 8.06 8.07 8.08 Cabanas, garden sheds, gazebos, greenhouses and tool sheds may be erected, however, with the approval of the committee. All air conditioner compressors visible to the street shall be screened. Second floor balconies will not be permitted on internal lots without Committee
d, however, with the approval of the committee. All air conditioner compressors visible to the street shall be screened. Second floor balconies will not be permitted on internal lots without Committee approval. All vent stacks and metal valleys on the roof shall be painted. No metal windows shall be used as part of the front door entrance, Garages. All garages shall be rear or side entry. All corner lots shall have a rear entry garage only. Side entry garages located near the front of the house shall have a wing wall screening the garage from view of the street. Front or angled entry garages more than 70 feet from the curb may be allowed only with express written approval of the Committee. Carriage House style doors are encouraged, particularly when easily visible from the street.
Roofs. All roofs shall be constructed of slate, tile, minimum 25 year composition shingles or other material first approved by the Committee. The color of such roofing materials must first be approved by the Committee and otherwise be in compliance in all respects with applicable City of Mansfield ordinances. The minimum roof pitch of any structure shall be ten (10) feet by twelve (12) feet on single story structures, 12/12 on multi-story structures.
Building Lines. All residences or dwellings erected or placed on any Lot shall face the road or street adjacent to the Lot as shown on the recorded plat of the Property or as prescribed in the deed from Declarant conveying the Lot (no 'reverse corners' without specific committee and adjacent homeowner approval). No portion of such dwelling or residence shall be nearer to the front property line of said Lot than the building line as designated on the recorded plat of the Property.
adjacent homeowner approval). No portion of such dwelling or residence shall be nearer to the front property line of said Lot than the building line as designated on the recorded plat of the Property.
Fences. The following restrictions are applicable to all fencing. The Committee reserves the right to make variances to these requirements based on house's location and orientation.
ICi[ Official Copy (1) (2) (3) (4) 5 All fences facing a front or side street are required to be masonry, and/or ornamental iron.
No fence may be installed upon any public sidewalk, common area, or pedestrian easement.
All fencing is to be constructed either of masonry, wood, or ornamental iron. No chain link fencing is allowed. Wood fencing to be #2 or better grade 1×6 pickets with wood 2x6 cap rail. Rosts on wood fencing shall be metal with caps.
fencing visible to the street shall have finished side out and may be required by the Committee to be screened with shrubs and/or brick columns.
Landscaping. Each residence shall be fully landscaped within one hundred twenty (120) days after the date on which the carpet has been installed in the residence. The landscaping of each Lot shall be principally grass sod. In addition, each Owner shall install an adequate underground sprinkler system in the front and side yards of the Lot. The Owner shall keep the yard sufficiently watered to insure adequate growth of the grass. At least two (2) four (4) inch diameter oak trees or other trees approved by the Committee in writing shall be planted by Owner in the front yard area at the completion of construction of the residence. This requirement will be waived by the Committee if adequate existing trees are retained.
Retaining Walls. All retaining walls shall be built with masonry material. The exterior
tion of the residence. This requirement will be waived by the Committee if adequate existing trees are retained.
Retaining Walls. All retaining walls shall be built with masonry material. The exterior appearance that is visible to the street is subject to Committee approval. All walls over 4-feet tall shall be designed by a structural engineer. No railroad cross ties or landscaping timbers shall be used for retaining walls.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 11 8.09 8.10 8.11 Recreational Structures. The Committee must approve recreational structures including, but not limited to playground equipment, child playhouses, tree houses, or other similar structures.
Signs. No sign or signs shall be displayed to the public view on any Lot, except that: (1) any builder, during the applicable initial construction and sales period, may utilize one professional sign per Lot for advertising and sales purposes, provided that such sign must be approved as to size, content, and number (including, without limitation, any directional signs) by the Committee; (2) thereafter, a dignified "for sale" or "for rent" sign (of not more than six (6) square feet in size) may be utilized by the Owner of the respective Lot for the applicable sale or rent situation; (3) development-related signs owned or erected by Declarant shall be permitted; and (4) signs displaying the name of a security company shall be permitted, provided that such signs are (i) ground mounted, (ii) limited to two (2) in number (one in the front yard and one in the back yard); (iii) of a reasonable size; and (iv) subject to the prior written approval of the Committee. Signs which are temporary in nature, (i.e. "garage sale" signs) shall only be
rd and one in the back yard); (iii) of a reasonable size; and (iv) subject to the prior written approval of the Committee. Signs which are temporary in nature, (i.e. "garage sale" signs) shall only be permitted for a specified period of time upon approval by the Committee of a written request by the individual Lot Owner describing the nature of the sign and the time period for which it will be displayed. In addition to the foregoing, all off-site signs shall be subject to the size, content and number approved by the Committee. No "Open House" or signs with similar message shall be permitted during any period of time when sales people are not located within the home(s) shown to be open. Nothing contained in this Section 8.10 shall be applicable to signs placed by the Declarant in, on or around the Property.
Easements; Utilities. Easements for installation, maintenance, repair and removal of utilities and drainage facilities and floodway easements are reserved by Declarant as shown on the recorded plat of the Properties, the provisions of said plat hereby referred to for all purposes.
Full right of ingress and egress shall be had by Declarant, any municipal authority having jurisdiction over the Properties and any utility company which provides the utilities to the Properties, at all times over any dedicated deasement for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility. All claims for damages, if any, arising out of the construction, maintenance and repair of utilities or on
se of such easement, or with the use, maintenance, operation or installation of such utility. All claims for damages, if any, arising out of the construction, maintenance and repair of utilities or on account of temporary her Inconvenience caused thereby against the Declarant, or any utility company or municipality, or any of its agents or servants are hereby waived by the Owners.
Except as to special street lighting or other aerial facilities which may be required by the City of Mansfield or may be required by the franchise of any utility company, no aerial utility facilities of any type (except meters, risers, service pedestals and other surface installations necessary to maintain or operate appropriate underground facilities) shall be erected or installed within the Property, whether upon Lots, easements, streets, or rights-of-way of any type, either by the utility company or any other person or entity (including but not limited to any person owning or acquiring any part of the Property) and all utility service facilities (including but not limited to water, sewer, gas, electricity and telephone) shall be buried underground, under streets or utility casement areas for the purpose of serving any structure located on any part of the Property.
Vehicles, Parking. Any truck, bus, boat, boat trailer, animal trailer, trailer, mobile home, motor home, campmobile, camper, motorcycle or any motorized vehicle other than a conventional automobile shall be stored, placed or parked within the garage of the appropriate Owner or so as to be completely hidden from view.
All conventional automobiles belonging to Owners must be parked overnight in the Owner's driveway or in the garage. In no case may the automobiles of the Owners be parked overnight
y hidden from view.
All conventional automobiles belonging to Owners must be parked overnight in the Owner's driveway or in the garage. In no case may the automobiles of the Owners be parked overnight on the streets of the subdivision or within the improved yard of the Owner. Recreational vehicles may be brought into the neighborhood for the purpose of loading and unloading. In no case shall these vehicles be repeatedly parked overnight.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 12 !
8.13 8.14 Waste. No Lot shall be used or maintained as a dumping ground for rubbish, grass clippings, garbage or trash. Garbage and other waste shall be kept in sanitary containers. All containers for the storage or disposal of such materials shall be kept inside the living unit or connected garage, except on the scheduled trash pickup days.
If after ten (10) days prior written notice an Owner shall fail to: (i) control weeds, grass and/or other unsightly growth; or (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 Declarant or the Committee shall have the authority and right to go onto said Lot for the purpose of mowing and cleaning said Lot and shall have the authority and right to assess and collect from the Owner of such Lot a sum not to exceed Five hundred dollars ($500.00) for mowing or cleaning said Lot on each respective occasion of such mowing on cleaning. The assessments, together with interest (at the highest permitted Nawful cate per annum) thereon and any costs of collection thereof, shall be a charge on the dot and shall be,
uch mowing on cleaning. The assessments, together with interest (at the highest permitted Nawful cate per annum) thereon and any costs of collection thereof, shall be a charge on the dot and shall be, until paid in full, a continuing lien upon the Lot against which such assessment is made Each such assessment, together with interest thereon and costs of collection thereof shall also be the continuing personal obligation of the Owner of such Lot at the time when the assessment was incurred. The lien securing any such assessment shall be subordinate and inferior to the lien of any mortgage and any renewals or extensions thereof existing prior to the assessment date.
8.15 Construction Completion Time. Each residence constructed on each Lot and any other improvements thereto shall be commenced and completed with due diligence promptly after approval by the Committee of the plans and specifications prepared in connection with such construction. All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior construction shall be completed not later than one (1) year following the substantial commencement of construction. For the purposes hereof, the term "substantial commencement of construction" shall be deemed to mean the date on which the initial grading, setting of forms, and completion of all foundation work for the approved structure are complete. Substantial commencement of construction must begin on a Lot within one (1) year after an Owner acquires title to that Lot from Declarant. In the event that a residence is partially or totally damaged by fire or other causes, the Owner of such residence must either rebuild the
ear after an Owner acquires title to that Lot from Declarant. In the event that a residence is partially or totally damaged by fire or other causes, the Owner of such residence must either rebuild the residence or completely dear the Lot. In the event the Owner desires to rebuild, the construction or restoration of the damaged residence, or portion thereof, must commence within one hundred twenty (120) days after the occurrence causing the damage. No construction or restoration shall commence, however, until plans and specifications have been submitted to the Committee (and are subsequently approved) as required in Section 9.02 hereof. In the event the Owner does not desire to rebuild, the Owner must clear away all remaining debris and restore the Lot to the condition in which it existed prior to the initial construction of the damaged residence. At any time within ninety (90) days after twelve (12) months shall have passed after an owner acquires title to a Lot, Declarant shall have the right to give notice of election to repurchase such Lot unless the construction of a residence thereon meeting the standards of these Covenants and Restrictions shall have been substantially commenced and pursued with reasonable diligence. The price for such repurchase shall be the same price for which the Declarant sold such Lot (exclusive of any interest) to Owner and the closing shall occur thirty (30) days after Declarant gives to Owner written notice of Declarant's election to repurchase. The deed from Owner to Declarant shall only be subject to the same exceptions to title as contained in the deed from Declarant to Owner. The right to repurchase shall be a provision in the Deed from Declarant.
from Owner to Declarant shall only be subject to the same exceptions to title as contained in the deed from Declarant to Owner. The right to repurchase shall be a provision in the Deed from Declarant.
Offensive Activities; Pets. No noxious or offensive activity shall be conducted on any Lot nor shall anything be done thereon which is or may become an annoyance or nuisance within the Property or any portion thereof. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot less than one acre in size, except that dogs, cats or other household pets may be kept; provided that all Owners shall comply with the applicable ordinances of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 13 : 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 City of Mansfield. In addition, not more than four (4) household pets may be kept on any Lot and any litters of household pets which would cause the total number of pets on any Lot to exceed four (4) must be sold or otherwise disposed of within six (6) months from the birth of any such litter so that the total number of pets shall not exceed four (4) after such six (6) month period. On lots greater than one acre, one animal per acre may be kept subject to annual approval of the committee. All facilities related to livestock care must be constructed consistent with the residence, meticulously maintained, and with adequate fencing and landscape screening 8.25 Signals. No radio signals, television signals, or other form of electromagnetic radiation shall originate from any Lot which may unreasonably interfere with the reception of television or radio signals on any other Lot.
Lighting. No lighting or illumination shall be placed upon any Lot in such a manner as to cause
Lot which may unreasonably interfere with the reception of television or radio signals on any other Lot.
Lighting. No lighting or illumination shall be placed upon any Lot in such a manner as to cause unreasonable glare or illumination on any other Lot.
Antennas and Aerials. All television antennas and other antennas and aerials shall be located inside the attic or under the roof so as to be completely hidden from view. Satellite dishes (not to exceed 18 inches) shall be permitted in the back yard if they are not visible from any Adjoining Lot or street. No towers shall be permitted.
Basketball Goals. Basketball goals, backboards and nets shall only be permitted if they are located in the rear or side yard no closer than fifty (50) feet from the front property line.
Mail Boxes. All mail boxes shall be of a design approved in writing by the Committee and shall comply with all applicable laws and ordinances and shall be constructed of the same masonry material as the front of the home in front if which it is located.
cial Pool Equipment. No pool may be erected constructed or installed without the prior written consent of the Committee. Aboveground pools are expressly prohibited. All pool service equipment shall be fenced and located in either (a) a side yard between the front and rear boundaries of the dwelling or (b) in the rear yard; and shall not be visible from any residential street or any Adjoining Rool equipment shall be located to minimize noise impact on Adjoining Properties.
Utility Meters and Air Conditioning Compressors. All utility meters, equipment, air-conditioning compressors, evaporative coolers and similar items must be screened from view as required by the Committee. No window unit air-conditioning systems shall be permitted on any home. All
air-conditioning compressors, evaporative coolers and similar items must be screened from view as required by the Committee. No window unit air-conditioning systems shall be permitted on any home. All air-conditioning shall be located to minimize noise impact on Adjoining Properties.
Exterior Appearance Garage doors shall be kept closed when not in use. Patios and balconies shall not be used for storage other than patio furniture. No clothesline shall be placed in any yard owner shall remove dead trees in a timely manner. No solar screens shall be allowed without Committee approval.
Mineral operations. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon any of the Lots, nor shall oil wells, storage tanks, tunnel, mineral excavations or shafts be permitted upon any of the Lots. No derick or other structures designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon the Properties.
ZEE Nuisances. No nuisance or noxious or offensive activity shall be carried on or upon the Properties or any part thereof, nor shall anything be done or maintained thereon which may disturb the neighborhood or occupants of adjoining property, or detract from its value as an attractive residential community. The Committee shall have exclusive authority to determine, in its sole discretion, what may constitute a nuisance or offensive activity.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 14 : : ARTICLE IX 9.01 9.02 9.03 ARCHITECTURAL CONTROL Architectural Control Committee. Architectural control shall be supervised by an Architectural Control Committee, hereinafter called the "Committee." The initial Architectural Control
TECTURAL CONTROL Architectural Control Committee. Architectural control shall be supervised by an Architectural Control Committee, hereinafter called the "Committee." The initial Architectural Control Committee is composed of Thomas W. Grimes, who shall continue to serve as long as Declarant is a Class "C" Member, and two additional members to be appointed by Declarant.
The Committee and its successors are hereby vested with the full right and authority to act as such under the provisions of this Declaration. A majority of the Committee may designate a representative to act for it. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The committee shall not be liable for damages to anyone submitting plans to it for approval or to any Owner or occupant of the Property by reason of error or mistake judgment, negligence, or non-feasance arising out of or in connection with the approval or disapproval or failure to approve any such plans. No approval by the Committee shall constitute or be deemed to constitute any representation or warranty of the adequacy for fitness. of any improvements approved by the Committee nor shall the Committee have any liability regarding such adequacy or fitness.
Committee Approval. No building permit for construction of improvements on any Lot and no building, structure, fence, wall or improvement of any kind of nature shall be erected, placed or altered on any Lot until all plans and specifications requested by the Committee and a plot plan have been submitted to and approved in writing by the Committee as to: (i) (ii) (iii) (iv) (v) quality of workmanship and materials; adequacy of site dimensions; proper facing of
ittee and a plot plan have been submitted to and approved in writing by the Committee as to: (i) (ii) (iii) (iv) (v) quality of workmanship and materials; adequacy of site dimensions; proper facing of main elevation with respect to nearby streets conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping; location with respect to topography and finished grade elevation and effect of location and use on neighboring Lots and improvements situated thereon and any drainage arrangement; Onicial the other standards set forth within this declaration (and any amendments hereto) or as may be set forth within bulletins promulgated by the Committee, or matters in which the Committee has been vested with the authority to render a final the plot plan shall show, among other things, the location of the home to be constructed on the Lot, the applicable lot lines, building lines, driveway, retaining walls, fences, drainage, air conditioning, and pool equipment.
Submission to Committee. At least one (1) complete set of final plans and specifications, defined as front, side and rear elevations, floor plans, foundation plan, plot plan, color of brick, trim and roof are required by the Committee (including all such details as the Committee shall request) and shall be submitted to the Committee for approval or disapproval prior to construction. At such time as the plans and specifications have been reviewed by the Committee, a letter indicating either approval, disapproval, or needed items for approval shall be sent to the Owner or his designated representative. If found not to be in compliance with these Covenants and Restrictions, a reasonable statement of items found not to comply with
r approval shall be sent to the Owner or his designated representative. If found not to be in compliance with these Covenants and Restrictions, a reasonable statement of items found not to comply with these Covenants and Restrictions or which the Committee will not approve shall be sent to the Owner. Any modification or change to the approved set of plans and specifications must again be submitted to the Committee for its inspection and approval. The approval or disapproval of the Committee, as required herein, shall be narrative and in writing. If the Committee, or its respective designated representative, fails to approve or disapprove such plans and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 15 i 9.04 specifications within thirty (30) days after the date of submission, then approval shall be presumed. Further provided, however, that nothing in this paragraph shall affect in any way the method for seeking or granting variances, as described in the following paragraph, nor shall any failure of the Committee to act on a variance request within any particular period of time constitute the granting or approval of any such variance request.
Variances. Upon submission of a written narrative request for same, the Committee may, from time to time, in its sole discretion, permit Owners to construct, erect, or install improvements which are in variance from the Covenants or Restrictions which are provided in this Declaration or which may be promulgated in the future. In any case, however, such variances shall be in basic conformity with and shall blend effectively with the general architectural style and design of the community, however variances in pursuit of 'Period Architecture' will be considered. No
l be in basic conformity with and shall blend effectively with the general architectural style and design of the community, however variances in pursuit of 'Period Architecture' will be considered. No member of the Committee shall be liable to any Owner or other person claiming by through, or on behalf of any Owner, for any claims, causes of action, or damages arising out of the granting or denial of, or another action or failure to at upon, any variance request by any owner or any person acting for or on behalf of any Owner. Each request for a variance submitted bereunder shall be reviewed separately and apart from other such requests and the grant of a variance to any Owner shall not constitute a waiver of the Committee's right to strictly enforce these Covenants and Restrictions against any other Owner. Each such written request must identify and set forth in narrative detail the specific restriction of standard from which a variance is sought and describe in complete detail the exact nature of the variance sought. Any grant of a variance by the Committee must be in writing and must identify in narrative detail both the standard from which a variance is being sought and the specific variance being granted.
ARTICLE X 10.02 10.01 Leis Utility Easements. Easements for installation, maintenance, repair, and removal of utilities and drainage facilities over, under and across the Property are reserved as set forth in Section 8.11 above. Full rights of ingress and egress shall be had by Declarant and any bona fide utility company at all times over the easement areas for the installation, operation, maintenance, repair or removal of any stinity together with the right to remove any obstruction that may be
a fide utility company at all times over the easement areas for the installation, operation, maintenance, repair or removal of any stinity together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation, or installation of such a utility.
Police Power Easement With respect to the streets, easements and rights-of-way within the Property, the City of Mansfield and all other governmental agencies and authorities shall have full rights of ingress, egress, regress, and access for personnel and emergency vehicles for maintenance, police and fire protection, drainage and other lawful police powers designed to promote the health, safety, and general welfare of the residents within the Property.
un Und ARTICLE XI 11.02 GENERAL PROVISIONS Registration with the Association. Each and every Owner shall have an affirmative duty and obligation to provide within fifteen (15) days after such Owner acquires one or more Lots and thereafter revise and update, within fifteen (15) days after a material change has occurred, various items of information to the Association such as: (a) the full name address and telephone number of the Owner; and (b) such other information as may be reasonably requested from time to time by the Association.
Power of Attorney. Each and every Owner hereby makes, constitutes and appoints Declarant as his/her true and lawful attorney-in-fact, coupled with an interest and irrevocable, for him/her and in his/her name, placed and stead and for his/her use and benefit, to do the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 16 11.03 11.04 11.05 (a) (b) (c)
n his/her name, placed and stead and for his/her use and benefit, to do the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 16 11.03 11.04 11.05 (a) (b) (c) to exercise, do or perform any act, right, power, duty or obligation whatsoever in connection with, arising out of, or relating to any matter whatsoever involving this Declaration and the Property; to sign, execute, acknowledge, deliver and record any and all instruments which modify, amend, change, enlarge, contract or abandon the terms within this Declaration, or any part hereof, with such clause(s), recital(s), covenant(s), agreement(s), and restriction(s) as Declarant shall deem necessary, proper and expedient under the circumstances and conditions as may be then existing; and to sign, execute, acknowledge, deliver and record any and all instruments which modify, amend, change, enlarge, contract or abandon the subdivision plat(s) of the Property, or any part thereof, with any easements and rights-of-way to be there.
contained as the Declarant shall deem necessary, proper, and expedient under the conditions as may then exist.
The rights, powers and authority of said attorney-in-fact to exercise any and all of the lights and powers herein granted shall commence and be in full force upon recordation of this Declaration in the Tarrant County Clerk's Office and shall remain in full force and effect until such time as Declarant no longer owns record title to any lot; or has a en interest in any Lot.
Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land subject to this Declaration and shall inure to the benefit of and be enforceable by the Declarant,
ny Lot.
Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land subject to this Declaration and shall inure to the benefit of and be enforceable by the Declarant, the Board, any Owners, or the Committee subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term ending January 1, 2050, after which time said Covenants shall be automatically extended for two (2) successive periods of ten (10) years each unless an instrument signed by not less than seventy-five percent (75.0%) of the then owners has been recorded, agreeing to abolish the Covenants and Restrictions in whole or in part; and unless written notice of the proposed agreement to abolish is sent to every Owner at least ninety (90) days in advance of any action taken.
Amendments. Except as provided in Section 11.03 of this Article XI, the Covenants and Restrictions of this Declaration may be amended and/or changed in whole or in part, only with the consent of seventy-five (75.0%) of the outstanding votes of the Association, including Declarant, so long as Declarant owns any lots in the subdivision, evidenced by a document in writing bearing each of them signatures, and duly recorded in the land records of Tarrant County, Texas.
Enforcement Enforcement of these Covenants and Restrictions shall be by a proceeding initiated by Declarant, the Board, any Owner, the Committee, or by the City of Mansfield, against any person or persons violating or attempting to violate any Covenant or Restriction contained herein, either to restrain or enjoin violation or to recover damages for the violation, or both, or to enforce any lien created by this Instrument. Notwithstanding any provision to the
ction contained herein, either to restrain or enjoin violation or to recover damages for the violation, or both, or to enforce any lien created by this Instrument. Notwithstanding any provision to the contrary in this Declaration, Declarant shall not have any duty, obligation, or responsibility to enforce any of these Covenants and Restrictions. Failure by any party to enforce any Covenant Restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorney's fees from the non-prevailing party. Further, and with respect to any litigation brought against the Declarant, the Board or any of their members or representatives arising out of any action, failure to act, or performance or non-performance of duties imposed hereby, by the Declarant, the Board or any of their members or representatives, the Declarant, the Board or any of their members or representatives so sued shall be entitled to recover their reasonable attorney's fees from the person or entity bringing such action against it or them, unless the Declarant, the Board or any of their members or representatives shall specifically be adjudicated liable to such claimant.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PAGE 17 11.06 11.07 11.08 11.09 11.10 Imposition of Violation Fines. In the event that any person fails to cure (or fails to commence and proceed with diligence to completion) the work necessary to cure any violation of the Covenants and Restrictions contained herein with ten (10) days after receipt of written notice from Declarant or the Board designating the particular violation, the Declarant or the Board
ation of the Covenants and Restrictions contained herein with ten (10) days after receipt of written notice from Declarant or the Board designating the particular violation, the Declarant or the Board shall have the power and authority to impose upon that person a fine for such violation (the "Violation Fine") not to exceed Five Hundred Dollars ($500.00). If, after the imposition of the Violation Fine, the violation has not been cured or the person has still not commenced the work necessary to cure such violation, the Declarant or the Board shall have the power and authority, upon (10) day's written notice, to impose another Violation Fine, which shall also not exceed Five Hundred Dollars ($500.00). There shall be no limit to the number of the aggregate amount of Violation Fines that may be levied against a person for the same violation. The Violation Fines, together with interest at the highest lawful rate per annum and any costs of collection, including attorneys' fees, shall be a continuing lien upon the Lot against which such Violation Fine is made.
Severability. If any one of these Covenants or Restrictions is held to be invalid illegal or unenforceable, the validity, legality and enforceability of the remaining Covenants and Restrictions shall not be affected thereby.
Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration.
Notices to Owners. Any notice required to be given to any Owner under the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the United States mails, postage prepaid, certified mail, return receipt requested, addressed to the last
ovisions of this Declaration shall be deemed to have been properly delivered when deposited in the United States mails, postage prepaid, certified mail, return receipt requested, addressed to the last known address of the person who appears as an Owner on the records of the Declarant and/or Committee at the time of such mailing.
Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions excluding Article VIII and issues concerning "substantial completion" of this Declaration shall be determined by the Declarant and/or the Board. Matters pertaining to Articles VIII and issues concerning "substantial completion" shall be determined by Declarant and/or the Committee. These respective determinations (absent arbitrary and capricious conduct or gross negligence) shall be final and binding upon all Owners.
Officia IN WITNESS WHEREOF, Declaran has caused this instrument to be executed as of the day, month and year first above written.
NOTARY PURSUIT STATE OF MANUELA PEREZ Notary Public STATE OF TEXAS My Comm. Exp. 01/02/2006 STRAWBERRY DEVELOPMENTS, INC.
GENERAL PARTNER, STRAWBERRY PARTNERS, LP By: Thomas W. Grimes State of Texas County of Jumant This instrument was acknowledged before me on 28 day of uge , 2023 by Notary Public's Signature My commission expires.
THOMAS W. CRIMES DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRAWBERRY FIELDS PACE 18