DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ESTATES AT NORTH RICHLAND HILLS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ESTATES AT NORTH RICHLAND HILLS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ESTATES AT NORTH RICHLAND HILLS (the "Declaration") is made effective as of the 24th day of March, 2003, by WESTERN RIM INVESTORS 2001-3, L.P., a Texas limited partnership hereinafter referred to as “Declarant”).
BACKGROUND STATEMENT Property Records of Tarrant County, Texas. Declaran’ procedure for the overall development of the Developmep the administration, maintenance, preservation, use an as provided herein.
Declarant has caused the Association hebeinalter defined) to be formed as a Texas non-profit corporation to perform certain functs ion good and general welfare of the Owners (as hereinafter defined).
the Property. The Covena Owner's heirs, gra benefit of th&As hereafter exéeutfed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the following (regardless of whether or not the same are set out in full or by reference in said contract or deed).
ARTICLE I DEFINITIONS Unless the context oihenvise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: 1.01 “Apartment Unit" shall mean one individual unit within the apartment project on the MultiFamily Tract.
1.02 "Assessments" shall mean assessments of the Association.
1.03 “Association” shall mean The Estates at North Richland Hills Hom "Association, Inc., a Texas non-profit corporation organized under the Texas Non-Profit Corporati is successors and assigns.
tion.
1.03 “Association” shall mean The Estates at North Richland Hills Hom "Association, Inc., a Texas non-profit corporation organized under the Texas Non-Profit Corporati is successors and assigns.
1.04 "Board" shall mean the Board of Directors of the A 1.05 "Builder" shall mean any party purchasing a Lot directly frgm} Declarant.
1.06 "Bylaws" shall mean the Bylaws ofthe As ion which may be adopted by the Board, as the same are from time to time amended.
1.07 "City" shall mean the City of ls, Texas.
¥y (together with any and all improvements now 6r in certain instances over which the Association on use and enjoyment of the Owners, as set out in 1.08 “Common Property” means g or hereafter located thereon) owned has been granted permanent easemées Article II herein. ' e State of Texas, and its designated successors and assigns, provided any such Agquire for the purpose of development or sale all or any portion of the remaining grantox oKsuch }cqnveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyatte; pedvjded further, upon such designation of successor Declaran:, all rights and obligations of the former Declararif in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the Property there shal! be only one person or legal entity entitled to exercise the rights and powers of the "Declarant" hereunder at any one time; provided further, that any assignment of the rights of Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant thereunder.
ng and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant thereunder.
{.11 "Declaration” shall mean this instrument as it may be amended from time to time.
3 1.12 "Improvement" or "Improvements" shall mean every Structure (as hereinafter defined) and all appurtenances thereto of every type and kind, including but not limited to suildings, outbuildings, patios, garages, surface parking areas, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior air conditioning equipment, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennae, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
1.13 "Lot" shall mean a single-family lot within the Single-Family Tract and she Lot on the Plat; provided, however, no portion of the Common Property shall ever/6 provided in Section 2.05.
1.14 "Let Owner" shal) have the meaning set forth in the definit:o 1.15 "Member" shall mean any member of the Associg Owner.
1.16 “Membership” means the collective total 117 “Multi-Family Tract" shall mean that portig of the Plat, upon which an apartment project 1s to be gé o 1.18 "Multi-Family Tract Owner” s "Owner" below.
1.19 "Occupant(s) of pee , its" shall mean any person(s) occupying all or any portion of the Apartment Units fara HAL e, regardless of whether such person(s) is a tenant, guest or owner of such Apartment eee $ meaning as set forth in the definition of 1.20 "Owner" sh C
l or any portion of the Apartment Units fara HAL e, regardless of whether such person(s) is a tenant, guest or owner of such Apartment eee $ meaning as set forth in the definition of 1.20 "Owner" sh C } 9 (such owner to be referred to herein as a "Lot Owner") and (11) the ch owner to be referred to herein as the "MuJti-Family Tract Owner").
Single-Fay aét and Multi-Family Tract).
1.23 “Residence” shall mean a Structure situated upon a Lot incended for independent use and occupancy as a residence for a single family. A Structure situated on a Lot shall not become a Residence until a certificate of occupancy shall have been issued by the appropriate governmental authorities as a prerequisite to the occupancy of such Residence and until the Lot and Structure located thereon shall have been conveyed to a third party other than the Builder thereof unless the Builder intends to use the Structure as his or her primary residence. The Owner of a Residence shall notify the Association or its designee immediately upon issuance of a certificate of occupancy for the Residence.
4 1.24 "Restricted Multi-Family Area” shall mean that portion of the Multi-Family Tract affected by the Multi-Family Set Back Restrictions (as discussed in Section 5.11). The Restricted Multi-Family Area is shown on Exhibit 'B" attached hereto.
1.25 "Restrictions" shall mean all covenants, restrictions, easements, charges, liens and other obligations created or imposed by this Declaration.
1.26 "Single-Family Tract" shall mean that portion of the Property designated as (Dts 1-49, Block A; (ii) Lots 1-50, Block B; (iii) Lots 1-13, Block C; and (iv) Lot 1, Block D of the : Lots are located and Residences are to be constructed pursuant to the Deve_opment.
127 "Structure" shall mean:
ck A; (ii) Lots 1-50, Block B; (iii) Lots 1-13, Block C; and (iv) Lot 1, Block D of the : Lots are located and Residences are to be constructed pursuant to the Deve_opment.
127 "Structure" shall mean: (a) any thing or object the placement of which upona such Lot, including by way of illustration and not limitation, any PB shed, greenhouse or bathhouse, coop or cage, covered or uncove curbing, paving, wall, tree, shrub (and all other forms of lands permanent living quarters (including any house trailer) or aay other texgp such Lot; (b) any excavation, grading, fill, di dam or other thing or device which affects or alters the natural flow of surface wat ycross any Lot, or which affects or alters the any Lot; and not subsection (b) of this Section 4 : osuch change.
1.28 "The Estates af ‘land Hills Restrictions” shall mean this Declaration the same may be amended from tim¢-te ARTICLE ff COMMON PROPERTY, 2.01 veyahice of Common Property.
The Declarant may from time to time convey to the Association or grant easements to the Associattorrat no expense to the Association and in accordance with this Section 2.01, real and personal property for the common use and enjoyment of the Owners and Occupants of the Apartment Units (such real and personal property is hereinafter collectively referred to as "Common Property"). The Association hereby covenants and agrees to accept from the Declarant all such conveyances of Common Property.
(b) It is contemplated by the Declarant that the Declarant will convey to the Association Common Property for access, ingress and egress of both vehicular traffic and pedestrians, as well as for
erty.
(b) It is contemplated by the Declarant that the Declarant will convey to the Association Common Property for access, ingress and egress of both vehicular traffic and pedestrians, as well as for landscaping and security purposes as shown on Exhibit "C" attached hereto. The Declarant may, at 5 Declarant's sole discretion, modify, alter, increase, reduce and otherwise change the Common Property (or the use to be made thereof) contemplated to be conveyed to the Association im accordance with this Section 2.01(b) at any time prior to conveyance of such Common Property to the Association.
(c) In addition to the property described in Section 2.01(b), the Declarant may convey to the Association in accordance with this Section 2.01 such other real and personal property as the Declarant may determine to be necessary or proper for the completion of the Development.
public use shall be reserved to the Declarant until such time as the same shall be conveye or to any municipality or other governmental body, agency or authority.
2.02 Right of Enjoyment. Every Owner and Occupant of the Apa and easernent to use the Common Property, which right shall be appurteng ec use and enjoyment of the e Association may permit subject to such limitations, and upon such terms and condom, as it may from time to time establish. The right and easement of enjoyment granted or permitted by thisSe Association as provided in Sections 2.03(e) and 3.05 2.03 Rights of The Association. The ri be subject to the right, and where applicable, fe (a) Common Property; (b) including the acquisition, cons improvement, equipping and maintenance of Common Property, and in aid thereof to encumbe ged st, mortgage or other security interest any or all of the Association's
(b) including the acquisition, cons improvement, equipping and maintenance of Common Property, and in aid thereof to encumbe ged st, mortgage or other security interest any or all of the Association's property including Comm bperty and revenues from Assessments, user fees and other sources; and e period when the Declarant has the right to appoint members of the not grant or convey to anyone any mortgage, deed of trust or other security gts who are present in person or by proxy and voting at a meeting of Members duly ith the Bylaws of the Association; grant easements or rights of way over Common Property to any municipality or other governmental body, agency or authority, to any quasi-public agency or to any utility company or cable television system; (d) dedicate or transfer all or any part of the Common Property or interests therein to any municipality or other governmental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon by the Association and such grantee, including a provision that such property or interest shall, if such dedication or transfer is approved by a two-thirds (2/3) vote of the 6 i ' i j Members who ate present in person or by proxy and voting at a meeting of Members duly held in accordance with the Bylaws of the Association, cease to be subject to this Declaration or all or any part of the Restrictions while held by any such municipality or other governmental body, agency or authority; (e) suspend, pursuant to Section 3.05, the voting rights of any Member and the right of enjoyment granted or permitted by Section 2,02; (f) sell, lease or otherwise convey all or any part of its pzoperties and intergats therein; (g) enforce all applicable provisions of valid agreements of the Associatié
d or permitted by Section 2,02; (f) sell, lease or otherwise convey all or any part of its pzoperties and intergats therein; (g) enforce all applicable provisions of valid agreements of the Associatié Common. Property or any part thereof; and (h) maintain any and all landscaping treatments previ iously insta the extent that such landscaping is not otherwise maintained by the approprj4 entity having jurisdiction over the roads for Tarrant County, Texas.
e Declarant may transfer proved property, leasehold, conveyance shall be accepted by the Association, and the property shall thereafter be Common Property to be maintained by the Association for the benefit of all ofits Metbers.
2.05 Types of Common Property. Ae ting pnveyance of any real property or grant of easement by the Declarant to the Association to b mimon Property, the Declarant shall designate in the deed of conveyance or easement that s a erty is to be Common Property, and further may designate in the deed of conveyance Q tt ific or general purpose or purposes for which such 5 in such event, such real property or portion thereof embers, be used for any different purpose or purposes Owner or Occupant of the Apartment Units may delegate to the members of his family o o reside on a Lot or in an Apartment Unit, in accordance with the Bylaws, his right to use a operty including, without limitation, all landscaping and Improvements situated on thg %y. In addition to the maintenance of the Common Property, the Association shall] have the to maintain, repair, and replace, subject to any insurance then in effect, any other property Netlerant designates as a maintenance obligation of the Association by an amendment to this
hall] have the to maintain, repair, and replace, subject to any insurance then in effect, any other property Netlerant designates as a maintenance obligation of the Association by an amendment to this Declaration™hraddition, the Association shall maintain, repair, and replace, to the extent permitted by the applicable governmental authority, subject to any insurance then in effect, all grass, trees, shrubbery or other plantings, sidewalks, fences, walls, street lights, benches, trash receptacles, sprinkler systems, information and directional signage, security gates, traffic signals and any other landscaping or improvements located along or in dedicated right-of-ways and which were installed by Declaran:. Further, the Association shall bear the responsibility for all utility charges incurred because of street lights, security gates, and sprinkler systems which are installed on or about the Common Property, and shall pay all insurance premiums attributable to or connected with any portion of the Common Property. The Association shall also have the right, but not the obligation, to maintain and provide services for other property not owned by the Association, whether located within or without the boundaries of the Development, and to enter into easements and covenants to share cost agreements regarding such property where the Board has determined that this would benefit Owners.
ARTICLE Uf THE ESTATES AT NORTH RICHLAND HILLS HOMEOWNERS’ ASSOCIATIO?
general welfare of the Members. To the extent, and only to the extent, necessy the Association (a) shall have all of the powers of a Texas non-profit cgrp grat 3.02 Membership in the Association. Every f Association and such membership shall terminate only sided | in this Declaration. For purposes of
all have all of the powers of a Texas non-profit cgrp grat 3.02 Membership in the Association. Every f Association and such membership shall terminate only sided | in this Declaration. For purposes of voting, there shall be three (3) classes of Members as se ection 3.03.
3.03 Voting Rights.
(a) The Multi- Family Tra eaClass A Member and shall be entitled to one (1) vote per Apartment Unit located mS in ily Tract. The Occupants of the Apartment Units shall not be Members of the Assooiy a voting rights unless any such Occupant of the (b) Each Le SS the exception of Declarant, shall be a Class B Member and e owned by such Lot Owner. Where such Lot Owner is a group or entity other than one ind# , the vote on behalf of such Lot Owner shall be exercised only by such individual person_as designated in a proxy instrument duly executed by or on behalf of such group ory entity anddelivere e secretary of the Association.
time as Declaraft no longer retains the right to appoint and remove members of the Board and officers of the Association pursuant to Section 3.08 below.
3.04 Board ofDirectors. The affairs of the Association shall be managed by a Board of Directors.
The number of Directors and the method of election of Directors shall be as set forth in the Bylaws of the Association.
3.05 Suspension of Membership Rights. The Board may suspend the voting rights of any Member and the right of enjoyment of the Common Property of any person who: (a) shall be subject to the Right of Abatement, as defined in Section 8.02, by reason of having failed to take the reasonable steps to remedy a violation or breach of the Restrictions within thirty (30) days after having received notice of the same pursuant to the provisions of Section 8.02 hereof;
led to take the reasonable steps to remedy a violation or breach of the Restrictions within thirty (30) days after having received notice of the same pursuant to the provisions of Section 8.02 hereof; (b) shall be delinquent in the payment of any Assessment levied by the Argsociation pursuant to the provisions of Article [TV hereof; or (c) shall be in violation of the rules and regulations of the Associatig operation and maintenance of Common Property.
Such suspension shall be for the balance of the period in whic remain ir violation, breach or default, as aforesaid, except that in the c 3.05(c) above, the suspension may be for a period not to exceed six of such violation. No such suspension shall prevent an Owner's Multi-Family Tract, as applicable.
3.06 Termination of Membership. Membershi cease only when a person ceases to be an Owner.
governed by this Declaration, the Texas No Association, and the Bylaws of the aye tight to appoint and rema Association and select_2 days after the first g of the recording ¢ ire events shall occur: (i) the expiration of twenty (20) years after the date gration; (ii) the date upon which all of the Lots within the Single-Family Tract arant to Lot Owners other than a person or persons constituting Declarant; or etlarant of the authority to appoint and remove directors and officers by an express Declaration executed and recorded by Declarant; provided, however, that the Owners (b) Upon the expiration of the period of Declarant's righ! to appoint and remove directors and officers of the Association pursuant to the provisions of this Section 3.08, such right shall automatically pass to the Owners, including Declarant if Declarant then owns one or more Lots and/or the Multi-Family
the Association pursuant to the provisions of this Section 3.08, such right shall automatically pass to the Owners, including Declarant if Declarant then owns one or more Lots and/or the Multi-Family Tract, and a special meeting of the Association shall be called at such time, At such special meeting the Owners shall elect a new Board of Directors which shall undertake the responsibilities of the Board, and Declarant shall deliver the books, accounts, and records, if any, which Declarant has kept on behalf of the 9 Association and any agreements or contracts executed by or on behalf of the Association during such period which Declarant has in its possession. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant such authority to appoint and remove directors and officers of the Association as provided in this Section 3.08. The Association may exercise any other right or privilege given to it expressly by this Declaration or by law and any other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such nght or privilege.
3.09 Delegation. Notwithstanding anything herein to the contrary, any part or all of th the Association may be delegated by the Association to a property management company’ Vie Company") (as selected by the Declarant, pursuant to Section 3.08 above or, after Declafa proxy at a meeting of the Members) which Management Company may be_an eff (including WRPS, LP) and Association shall pay a reasonable fee to such ° performance of such duties.
’ Qmpany for the ARTICLE IV 4.01 Covenant for Assessments and Creation of jointly and severally, for himself, his heirs, distributeg acceptance of a deed for a Lot or any portio
rmance of such duties.
’ Qmpany for the ARTICLE IV 4.01 Covenant for Assessments and Creation of jointly and severally, for himself, his heirs, distributeg acceptance of a deed for a Lot or any portio contained herein shall be expressed in any such de (a) to timely pay f which may or shall be levied by the Family Tract after the Commenge ere4§ hereby created a continuing charge and lien (sometimes referred to herein ypon the Lots and the Multi-Family Tract against which all such Assessments that such Association Lien on the Lots and the Multi-Family Tract binds the Lots and the Multi-Pamrify Tract in the hands of the then Owner, and the Owner's heirs, devisees, legal representatives, successors and assigns. Such charge and lien is superior to any and all charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon the Lots or the Multi-Family Tract whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed of trust or other instrument, except (i) such liens for taxes or other public charges as are by applicable law made superior, and (ii) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a Lot or Lots or the Multi-Family Tract (together with any and all Structures which may from time to time be placed or located thereon), and (2) to finance the construction repair or alteration of Structures. A 10 person or entity acquiring a lien or encumbrance on a Lot or the Multi-Family Tract after this Declaration‘is recorded shall acknowledge, by the act of filing an instrument creating such lien, that such lien or encumbrance is inferior to the continuing lien for the charge and lien provided for herein, whether or not
d shall acknowledge, by the act of filing an instrument creating such lien, that such lien or encumbrance is inferior to the continuing lien for the charge and lien provided for herein, whether or not such acknowledgment is specifically stated in the instrument creating the lien or encumbrance, except as provided by subsections (i) and (ii) above. Notwithstanding anything herein to the contrary, and without limitation to subsections (i) and (ii) above, Declarant has the full and unfettered right to obtain interim construction financing and/or permanent mortgage financing and refinancings thereof (collectively, "Mortgage Financing") encumbering the Multi-Family Tract and/or other portions of the Prope: Association Liens against such Mortgaged Property shall be fully subordinace to the rights lender ("Lender") extending such Mortgage Financing and the liens against the Mg: securing such Mortgage Financing shall foreclose and terminate all Assessme: Property for Assessments which have accrued through the date of f9 foreclosure sale shall take title to the Mortgaged Property free and Liens, (f) that all Annual Assessments, i defined) (together with interest ther¢éor 3 of collection including reasonable attorneys’ fees the Multi-Family Tract as provided 1 ) O¥this Declaration) a personal obligation which will survive any sale or transfer of the amily Tract owned by him; provided, however, that such personal obligation for delinguéhp Smrefits shall not pass to an Cwner's successor in title unless (g) obligations hereunder, a this Declaration.
includfi gd to, security, the acquisition, construction, improvement, maintenance, insuring, ommon Property, maintenance of private driveways or other Improvements or
ns hereunder, a this Declaration.
includfi gd to, security, the acquisition, construction, improvement, maintenance, insuring, ommon Property, maintenance of private driveways or other Improvements or landscaping Wificl are designated by Declarant to be maintenance obligations of the Association, the enforcementofthe Restrictions contained in this Declaration, the payment of operating costs and expenses of the Association including, without limitation, any ad valorem real and personal property taxes on any real and personal property owned by the Association, and the payment of all principal and interest when due on all debts owed by the Association.
4.03 Accumulation of Funds Permitted. The Association shall not be obligated to spend in any calendar year all the sums collected in such year by way of Annual Assessments or otherwise, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply such surplus to 11 the reduction of the amount of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as the Board may deem to be desirable for the greater financial security of the Association and the effectuation of its purposes.
4.04 Annual Assessment.
(a) Beginning on the Commencement Date and cont:nuing thereafter for the year immediately following the Commencement Date and each year thereafter, zach Lot and the Mu Tract shall be subject to an annual Assessment ("Annual Assessment") calculated as follows: (i Assessment against each Lot shall be equal to Operating Costs (as hereinafter defined) multiplied by 1/108 (Operating Costs x 2/3 x 1/108), (ii) the Annual Assessment for the herein shall mean the calendar year, with the first Assessment Yeo
l to Operating Costs (as hereinafter defined) multiplied by 1/108 (Operating Costs x 2/3 x 1/108), (ii) the Annual Assessment for the herein shall mean the calendar year, with the first Assessment Yeo immediately following the Commencement Date. Notwithstandi contrary in this Declaration, in the Articles of Incorporation, or } contrary, Operating Costs shall not contain (and no amoun, anguage or provision to the s of the Association to the Costs (as hereinafter defined) (collectively, the "Multi that term is used herein, shall mean any property used jf g and which exclusively serves the Multi-Family herein, shall mean the costs to operate the Ap providing the Occupants of the Apartment Ur by their nature are for the exclusive ¢! efi intended to benefit other Owners infhy Doyelopment me provement, maintenance, insuring, and equipping of K MNA Ty \A (1) costs of security, acquisition Apartment Common Areas 9 enance of private driveways or other Improvements or landscaping constituting Apa axés on any real and personal property constituting Apartment Common principal and interest when due on all debts owed by the Multi-Family vit the Apartment Common Areas. No Lot Owner may use any of the and no part of the Apartment Common Areas shall be conveyed to or accepted on Property. The Multi-Family Tract Owner shall be responsible for any and or so long as Declarant has the right to appoint and remove Directors and Officers ot be reduced below $46,656.00 without the express written consent of Declarant.
(b) Commencing with the first Assessment Year and continuing thereafter, the Operating Costs and resulting Annual Assessment may be increased at any time and from time to time during each
f Declarant.
(b) Commencing with the first Assessment Year and continuing thereafter, the Operating Costs and resulting Annual Assessment may be increased at any time and from time to time during each Assessment Year by Declarant; provided, however, such increase shall not be more than twenty percent (20%) above the Operating Costs and resulting Annual Assessment for the previous Assessment Year without a vote of the Membership as provided below, and the Annual Assessment for the first full Assessrient Year shall not exceed (i) $31,104.00 in the aggregate for all Lots and (11) $15,552.00 forithe Multi-Family Tract.
12 (c) Commencing with the first Assessment Year and continuing thereafter, the Annual Assessment for each Assessment Year may at any time and from time to time be increased more than twenty percent (20%) above the maximum Annual Assessment for the previous Assessment Year ifsuch increase is approved by a two-thirds (2/3) vote of the Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the Bylaws of the Association and this Declaration.
Special Assessments in the aggregate do not exceed an amount e¢ effect). Special Assessments exceeding said amount shall requirp Members who are present in person or by proxy at a meeting of provisions of the Bylaws of the Association and this Dge calculated by allocating such Special Costs to Lots (other thanXots owned by Builder) and the Multi-Family Tract in the same manner as Operating Costs are allocated ection 4.04 for Annual Assessments.
al of two-thirds (2/3) of the eld in accordance with the 4.06 Assessment Procedure. © (a) The Board shall estabkt ual Assessment for each Assessment Year at an
ated ection 4.04 for Annual Assessments.
al of two-thirds (2/3) of the eld in accordance with the 4.06 Assessment Procedure. © (a) The Board shall estabkt ual Assessment for each Assessment Year at an amount not in excess of the maximurp sent as determined by the provisions of this Article IV, and shall also establish the datg4 x Assésément Year on which the Annual Assessment shall be annual budget which shall list tha@estinated Pperating costs ("Operating Costs") and shall contain an amount to be set aside each yea? inf Common Property; provided no event shall the Board be required to provide for a reserve sufficient to cover all such fataxe hepaif and replacement of the Common Property, it being intended that a portion of such costs wil suite efed by Special Assessments. The Board shall cause the Association to ba irfy (30) days in advance of the Due Date written notice setting forth the Sssment and the Due Date. The Annual Assessment shall become due on the (b) A\l Members of the Association shall be given written notice by the Board not less co thizty (30) nor more than sixty (60) days in advance of any meeting of the Members of the Association at which the Board shall propose taking action pursuant to Section 4.04(c) and Section 4.05 of this Article IV. Such written notice shall specify under which Section or Sections the Board will propose action. At such meeting, the presence of Members or of proxies entitled to cast fifty percent (50%) of the total votes outstanding shall constitute a quorum. If the required quorum is not present at such meeting, a second 13 meeting may be called by the Board subject to the same notice requirement, and the required quorum at such
shall constitute a quorum. If the required quorum is not present at such meeting, a second 13 meeting may be called by the Board subject to the same notice requirement, and the required quorum at such second meeting shall be thirty percent (30%) of the total votes outstanding. No such second meeting shall be held more than sixty (60) days following the first meeting. If the required quorum is not present at the second meeting, the Board may take such action without approval of the Members.
407 Uniform Rate of Assessment. Both Annual and Special Ass2ssments must be assessed in a uniform :nanner for all Lots and the Multi-Family Tract as set forth above.
408 Contribution by Declarant. For so long as Declarant has the authority to appoint'gnq remove Directors and Officers of the Association, Declarant shall not be liable for the payment of af eskments; provided, however, during at period Declarant shall have the right, but not the ob ta_ad 4.09 Effect of Non-payment of Assessments. Any Assef Due Date shall bear interest after the Due Date at the lower of (i) thie be charged, or (ii) the rate of eighteen percent (18%) per apaum, or g time to time establish; provided, however, in no event sha oard have the power to establish a rate of interest in violation of the laws of the State of Texas. Inthe of default in the payment of any one or more installments of an Assessment, the Board nay dépts gmaininz balance of the Assessment at once due and payable. In the event that any sha tdpay fully any portion of any Assessment prior to the date on which payment is due, such wat yi (including zny remaining balance declared immediately due and payable in accordance collection including reasonable atto as a lien on such Owner's Lot or th
e date on which payment is due, such wat yi (including zny remaining balance declared immediately due and payable in accordance collection including reasonable atto as a lien on such Owner's Lot or th x binding personal obligation of such Owner, as well ct (as applicable) enforceable in accordance with the eamount then due and payable. The Association may make a reasonable h certificate. Any such certificate, when duly issued as herein provided, shall : Approval by Declarant. Notwithstanding anything to the contrary contained herein, no Special Ass@ssrffent shall be made without the approval of Declarant for so long as Declarant has the right to appoint Officers and Directors of the Association.
4.12 Specific Assessments. The Board shall have the power to specifically assess any Owner (other than Builder) pursuant to this Section 4.12 as, in its discretion, :t shall deem appropriate (such Assessrnents to be referred to herein as "Specific Assessments"). Failure of the Board to exercise its authority under this Section 4.12 shall not be grounds for any action against the Association or the Board and shall not constitute a waiver of the Board's right to exercise its authority under this Section 4.12 in the 14 future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Section 4.12. The Board may levy Specific Assessments against any Owner (other than Builder) for the following expenses, except for expenses incurred for maintenance and repair of items which are the maintenance responsibility of the Association as provided herein: (a) Expenses of the Association which benefit less than 21] of the Residences, which may
maintenance and repair of items which are the maintenance responsibility of the Association as provided herein: (a) Expenses of the Association which benefit less than 21] of the Residences, which may be specifically assessed equitably among all of the Residences which are benefited according to the benefit received; and (b) Reasonable fines as may be imposed in accordance with the terms aration and the Bylaws.
ARTICLE V GENERAL COVENANTS AND RESTR Article V shall pertain and y apply to the Multi-Family 5.01 Application. The covenants and restrictions contd apply to all Lots and to all Structures erected or placed thereon, b Tract if expressly so stated.
9s, Structures, and other Improvements erected, altered, or placed on a Lot shall be of and no structure of a temporary character, trailer, mobile home, tent, shack, garage, barn, Vp e Property shall ever be used or caused to be used or allowed or authorized ins fe or indirectly, for any business, commercial, manufacturing, mercantile, storing pent étlfer non-residential purposes. No duplexes or other attached housing for more than erie Temporary structures a ° es may be used as building offices and other related purposes by Declarant or a Builder peas Curt or model home for the purpose of the sale of homes unless said Builder is conducting an &clive gales program within the Property and not for the purpose of sales in other ubthivistén of Property. No Lot may be split, divided, or subdivided for sale, resale, gift, HS otwithstanding the foregoing, nothing herein shall prevent Declarant ora Le that such combined Lot may not be subdivided thereafter; and, provided further, that the aif be responsible for Annual and Special Assessments based upon the number of Lots combined into one Lot.
“
Le that such combined Lot may not be subdivided thereafter; and, provided further, that the aif be responsible for Annual and Special Assessments based upon the number of Lots combined into one Lot.
“ 5.04 Erosion Control. Other than Builder's normal construction activities in connection with constructing single-family residences, no activity which may create erosion or siltation problems shall be undertaken on any Lot; but, in all cases Builder must at all times comply w:th all applicable erosion control requirements, including, but not limited to, all applicable City, county and state erosion control requirements.
15 5.05 Landscaping. Lot Owners shall be required to sod the front yard and all rear and side yards which are visible from a street with a permanent, heat tolerant grass (i.e. Bermuda or St. Augustine grass).
No “desert style" landscaping, rock covered yards, or other stone yard cover will be allowed. Lot Owners must install a front yard underground irrigation system and plant at least three trees in the front yard with a caliper meeting or exceeding minimum requirements of the City. The street-facing side yards or corner Lots shall also be irrigated and Lot Owners shall install sod as provided above. Lot Owners must plant at least one tree in the rear yard of a Lot with a caliper meeting or exceeding minimum requirements gf the City.
Allirrigations systems and sodding required pursuant to the above provisions shall be completedpny resale of a Lot by a Builder to any third party purchaser.
WEMET NE gation systems and sodding shall be completed within the time period provided above pI] Be xésponsible for ired in thi fit_as/a. pat of bis contract with the building under construction shall fas oa tepap permanently, as a residence on any Lot except as
the time period provided above pI] Be xésponsible for ired in thi fit_as/a. pat of bis contract with the building under construction shall fas oa tepap permanently, as a residence on any Lot except as temporary sleeping or living quarters e for security purposes. Temporary structures and model homes may be used as build gant to the provisions of Section 5.02. Prefabricated or factory built structures shall nok in the Property except as a temporary office used by a builder, and such manufacturdd G&% noPbe employed as elements in the construction of Structures affixed to Lots or Residences ¥ e Her Structures, temporary or permanent, other than the Residence or garage \8') inheight. Any other type of permitted outbuilding must be in keeping with Lot; or forward é¢ the front building line.
5.09 Signs.
(a) No signs whatsoever (including but not limited to commercial and similar signs) shall be installed, altered or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof, except: 16 (1) such signs as may be required by legal proceedings; (ii) | not more than one "For Sale" sign, such sign having a maximum face area of four square feet; provided that such sign may only be displayed in the front yard of a Lot; and, provided, further, that if, at the time of any desired use of such sign, the Association is making "For Sale" signs available for the use of Lot Owners, the signs made available by the Association must be used; (iii) directional signs for vehicular or pedestrian safety; (iv) any sign required by any governmental authority haw Jurisdiction; (v) temporary signs. (1.e., garage, lawn sales, ete.); (vi) reasonably sized and customary to the ma Development advertising their Lots or Residences for sale; and
rnmental authority haw Jurisdiction; (v) temporary signs. (1.e., garage, lawn sales, ete.); (vi) reasonably sized and customary to the ma Development advertising their Lots or Residences for sale; and (vii) signs placed by the Multi-Family {ra available Apartment Units and/or the name of the owner oy Tract, applicable phone numbers for such persons, lease rate apartments and other pertinent information related to the mg fiay be placed on the Common Property or the entrance areas to the gartment Promotional Signs).
y Building area set backs shall be within the recommended building lines indicated Property and as specified in any applicable City of North Richland Hills, Texas subdivists dingnce (hereinafter referred to as a "Subdivision Ordinance"). In no event shall the setbacks be than those required by a Subdivision Ordinance unless a variance is granted by the appropriate governmental authority. No Structure shall be erected or placed on any Lot unless its location is consistent with such setbacks.
5.11 Multi-Family Set Back Restrictions. The Multi-Family Tract Owner shall be prohibited from constructing on the Restricted Multi-Family Area any buildings, structures or other improvements greater in height than a standard two-story building; provided, however, such restriction shall not apply to any other portion of the Multi-Family Tract. .
17 $.12 Retaining Walls and Fences. No fence shall be constructed in violation of any applicable ordinances, laws, rules, regulations, or the provisions of the Plat establishing the Development.
Retaining walls shall be masonry on the front and all side Lot areas >etween the Residence and any adjacent streets. Retaining walls may be of other materials in the rear and side Lot areas where masonry is
ing walls shall be masonry on the front and all side Lot areas >etween the Residence and any adjacent streets. Retaining walls may be of other materials in the rear and side Lot areas where masonry is not required. The masonry retaining walls shall match or be compatible with the exterior materials on the Residence.
Fences and screening may be used within the Property to define private spaces of divert attention to or from particular views. Certain objects which may be fenced or ge free standing utility apparatus, e.g. transformers, switching equipment, etc.; (2) y Y level machinery, e.g. heating and air conditioning equipment; (3) outside storage and servis Or equipment and supplies; and (4) refuse containers and related storage areas.
which shall have a ating screens, hedges, etc.; (3) Acceptable methods of screening are as follows: (1) Ea masonry walls or other materials which would be compatible decorative iron; or (5) fencing.
he Multi-Family Tract; (2) landscape fences will be allowed except as asmall grade in height on a Lot or more than 8' above planting as an integral component; (3) no wove area pet enclosure (i.e. dog run), such pet enclost Spreened by privacy fencing from direct view from the street as well as other fencing and/or pig erials; and (4) no fence which completely blocks 5.13 Roads and Drive applicable ordinances, laws, Driveways shall be constructeg that is compatible with the everal or 5.14 AntghpadN M6 antennae, satellite dish, or electronic device of any type shall be placed on any Residews hictuke ds Lot so as to be visible from a public street, Common Property or another
eral or 5.14 AntghpadN M6 antennae, satellite dish, or electronic device of any type shall be placed on any Residews hictuke ds Lot so as to be visible from a public street, Common Property or another Residence. antentge sNall be installed or used for the purpose of transmitting of electronic signals.
§ C)otheslines, Garbage Cans, Etc. All clotheslines, equipment, garbage cans and woodpiles shall be heptsefeghed by adequate planting or fencing so as to conceal them from view by neighboring residences atréStreets, and may be maintained in the rear yard on a Lot only.
Gator driveway shall be constructed in violation of any sutatiOns/or the provisions of the Pla establishing the Development.
ste or other hard surface materie! such as paving stones or brick is ation and where possible driveways should curve.
5.16 Maintenance. Lot Owners shall maintain the same and adjacent street nght-of-way, and the improvements, sod, trees, hedges, and plantings thereon, in a neat and attractive condition. Such maintenance shall include regular mowing, edging of turf areas, weeding of plant beds, fertilizing, weed control and watering of the turf and landscape areas on each Lot. Diseased or dead plants or trees must be removed and replaced within a reasonable time frame. On front lawns and wherever visible from any street, there shall be no decorative appurtenances placed, such as sculptures, bizdbaths, birdhouse, fountains or 18 other decorative embellishments. The Association or Declarant shall have the right, after ten (10) days’ notice to any Lot Owner setting forth the action intended to be taken by the Association or Declarant, provided at the end of such time such action has not already been taken by such Lot Owner, (i) to mow:or
to any Lot Owner setting forth the action intended to be taken by the Association or Declarant, provided at the end of such time such action has not already been taken by such Lot Owner, (i) to mow:or edge the grass thereon, (ii) to remove any debris therefrom, (iii) to trim or prune any tree, hedge, or planting that, in the opinion of the Association or Declarant, by reason of its location or height or the manner in which it has been permitted to grow, is detrimental to the enjoyment of adjo:ning property or is unattractive in appearance, (iv) to repair or stain/paint any fence thereon that is out of repair or not in harmony, with respect to color, with fencing on adjacent property, and (v) to do any and all things necessary or desirable in the opinion of the Association or Declarant to place such property in < neat and attractive dondition such work is performed by the Association shall be personally obligated to reimburse t cost of such work within ten (10) days after it is performed by the Association, and maximum rate allowable by law, and to pay attorneys’ fees and court costs i collecting said obligation, and all of the same shail be secured by a existing thereon. Such lien shall be enforceable as any other/“A Declaration.
5.17. Commercial and Recreational Vehicles and pércial vehicle, commercial use truck, bus, trailer, mobile home, recreational vehicle, camper, Kuck with camper top, boat, boat trailer, selfprope led or towable equipment or machinery. of any sortong em deemed offensive by the Declarant or A 4 Ppermanent basis. Nor shall any such equipment be allowed on any street right-of-w j ment for a period of twenty-four (24) hours or more during a period of seven (7) consecutive Yotk vehicles or vehicles in disrepair or neglect
any such equipment be allowed on any street right-of-w j ment for a period of twenty-four (24) hours or more during a period of seven (7) consecutive Yotk vehicles or vehicles in disrepair or neglect shall be stored, repaired or displayed on any the foregoing, any such vehicles or e is kept in an enclosed space and is g@ red on a Lot, provided such vehicle or equipment w by neighboring residences and streets. During the construction vehicles may be parked thereon for and ebx€les are parked on an improved driveway. No vehicle shall ever by or side lawn within view of the public.
ef behind the front building line and are constructed ofa clear plexiglass. No above pe allowed on any Lot.
‘ Yon-Discrimination. No Lot Owner or person authorized to act for a Lot Owner shall refuse to sell cr rent, after receiving a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny the purchase or rental of any Lot to any persons because of race, color, religion, sex, age or national origin, Anything in this Declaration to the contrary notwithstanding, this covenant shall run with the land and shall remain in effect without any limitation in time.
5.20 Animals. No agricultural animals may be kept on any Lot and no animals, including birds, insects, reptiles, sheep, goats, horses, cattle, poultry, dangerous animals (the determination as to what is a 19 dangerous animal shall be in the sole discretion of the Association's Board), livestock of any kind shall ever be kept in the Development except that dogs, cats or other common household pets (not to exceed a total‘of three animals) may be kept by the Lot Owner or tenant of any Residence, provided they are not kept for any
e Development except that dogs, cats or other common household pets (not to exceed a total‘of three animals) may be kept by the Lot Owner or tenant of any Residence, provided they are not kept for any commercial purpose. Any allowable pet that is kept in a household must be confined to the Lot either by constraints of a backyard fence, a leash or within the residence. No animal shall be permitted to run freely | away from any Lot and must be controlled by a leash or trained to walk with the Lot Owner unleashed. All | applicable leash and licensing laws in effect in the City of North Richland Hills, Texas and Tarrant County, Texas shall also apply to this animal husbandry provision. No animal shall be allowed to becomga $.21 Trash and Rubbish Removal. No trash, rubbish, garbage, manure, or debrixQfa be kept or allowed to remain on any Lot. Lot Owners shall remove such prohibited mae frenTtheir } regular intervals at their expense, and prior to such removal all such proh-bited ma cy aged in sanitary refuse containers with tight fitting lids in an area adequately screened by panting. or fencing so as solid waste is to be disposed of by being collected on a regular and recyzing ba ay be placed in the open on any day that a pick-up is to be made, in order to p ersons making such | no person shall burn rubbish, garbage, or any other form of solid wastéon a ot or on Common Property.
construction materials and equipment may be stored yfg oP reasonable periods of time during the | construction of Improvements thereon.
ever be erectec, placed, or suffered to remain upon any Lot in the Property and no esident on, any Lot in the Property shall use the same
ods of time during the | construction of Improvements thereon.
ever be erectec, placed, or suffered to remain upon any Lot in the Property and no esident on, any Lot in the Property shall use the same so as to endanger the health or disptts © enjoyment of any ovher Lot Owner or resident. No noxious or offensive activity shg Phiedqitpon any Lot, nor shall anything be done thereof which may be or may become an anno #. i 5.22 Reasonable Enjoyment. No pd esidences shall be constructed of at least eighty percent (80%) brick of exterior walls not covered by brick shall be covered by Hardi-Plank, ber cement siding. Recommended siding materials include brick, stone, HardiMeet siding (i.e. 4'x 8' sheets) shall not be used. There shall be no bright red, : Chimney stacks on front of Residences may not be cantilevered and hang in the air, but must sit on foundations and be veneered with brick, stone or other approved masonry material as applicable to each individual Residence.
5.24 Roof. Roof material for Residences on a Lot shall be a high quality composition shingle of equal to or better than a laminated medium weight shingle, e.g. Prestique II. Three tab shingles shall be | allowed. Other roofing materials may include: natural or approved artificial slate; fire treated wood shingle 20 or #2 shake, or better; or clay or concrete ttle that is consistent with the standards of Section 5.24. In: no event shall the pitched portion of a roof be comprised of more than one material.
_ Minimum roof pitch on the front elevation shall be 5 to 12. Certain architectural styles, e.g.
Georgian, do not require as steep a minimum roof pitch and will be analyzed by the Association on a case by case basis. Minimum roof pitch on rear elevations and certain front to back elevation shall be 5 to 12.
o not require as steep a minimum roof pitch and will be analyzed by the Association on a case by case basis. Minimum roof pitch on rear elevations and certain front to back elevation shall be 5 to 12.
to matck or be comparable with the style and materials of the Residence. Dyé proximity to be common property lines of Lots are permitted 5.27 Oiland Mining Operations. No oi] or natural gas d atural gas development; or oil refining, quarrying, or mining operations of any kind; no oil, n& water wells, tanks, tunnels, mineral excavations or shafts, and no derricks or other ctures YQ boring for oil, natural gas, minerals or water shall be erected, maintained or permitt 5.28 Commercial Use. No activity, whetherforp residential purposes, shall be carried on any sales offices, construction offices, and storage 5.29 Septic Tanks.
5.30 Declarant's Rtg apartment project on the parcels of land or Lots lo Development Period. During that period of time while the Tract is being constructed or is in its initial lease-up stage and/or any in the Property are being developed and marketed (the "Development ight of assignment, shall have and hereby reserves the right to reasonable and land owned by Declarant within the Property in connection with the avant may erect and maintain such signs (including Apartment Promotional Signs), s, model homes, and other structures as Declarant may reasonably deem necessary or otion, development, and marketing of land within the Property during the Development 5.31 Builder Rights. During the Development Period, Builder shall have the right to erect and maintain such signs, model homes, and other Structures as may reasonably be necessary or proper in connection with Builder's promotion, development, and marketing of Lots and Residences located within the
tain such signs, model homes, and other Structures as may reasonably be necessary or proper in connection with Builder's promotion, development, and marketing of Lots and Residences located within the Development.
21 5.32 Construction Work. Except in an emergency, or when other unusual circumstances exist as determined by the Board, outside construction work or noisy interior construction work shall be permuted only after 6:00 A.M. and before 9:00 P.M.
5.33 Electrical Telephone and other Utility Lines. All electrical, telephone and other utility lines and facilities which (1) are located on a Lot, (11) are not within or part of any Structure, and (i) are not owned by a governmental entity, a public utility company, or the Association, shall be installed in underground conduits or other underground facilities. Lighting fixtures may be installed aboye,ground.
5.34 Window Coolers. No window or wall type air conditioners or water permitted to be used, erected, placed or maintained on, or in, any Residence on any paf ARTICLE VI ARCHITECTURAL CONTROL COM ots owned by Declarant have been sold by ittee shall be made by the Board of Directors such power by written notice to the Board of Dir Declarant; thereafter, appointments and removals for such term as they shall designate. The Boap action taken by the Committee and s or garage used in conne specifications showin g ommittee. Plans and specification shall be submitted to the Committee at e commencement of any such construction or modification. Two (2) copies of exgtions of all faces of the proposed structure, a descrintion of all exterior construction other materials, including engineering plans, if necessary, as the Committee shall 6.03 Approval of Plans. The Committee shall review the plans and specifications and notify the
exterior construction other materials, including engineering plans, if necessary, as the Committee shall 6.03 Approval of Plans. The Committee shall review the plans and specifications and notify the Owner in writing of its approval or disapproval. Ifthe Committee fails to approve or disapprove said plans and specifications in writing within thirty (30) days after the same has been submitted to it, they will be deemed to have been approved by the Committee. Any disapproval shall set forth the elements disapproved and the reason or reasons thereof. The Committee shall not have unbridled discretion with respect to taste, design and the standards set forth herein, but shall use commercially reasonable efforts to promote and ensure ae eo EINEM Cte tw Luk ke a high level of taste, design quality, aesthetic harmony, and conformity throughout the Development, consistent with standards established by this Declaration. Subject to rights of the Board of Directors set forth above, the judgment of the Committee in this respect shall be final and conclusive and the Owner shall promptly correct the plans and specifications (Gf disapproved) and resubmit them for approval. No construction, alteration, change or modification shall commence until approval of the Committee is obtained.
The Committee, subject to the rights of the Board of Directors as set forth above, may approve any reasonable deviation from Section 5 of this Declaration as the Committee, in its sole and absolute discretion, deems consistent with the purpose hereof. No member of the Committee shal] be liable to any Owner forany claims, Future requests for deviations submitted hereunder shall be reviewed separately and apa aQgthter such
nt with the purpose hereof. No member of the Committee shal] be liable to any Owner forany claims, Future requests for deviations submitted hereunder shall be reviewed separately and apa aQgthter such requests and the grant of a deviation to any Owner shall not constitute a waiver of the strictly enforce the Declaration and the architectural standards provided herein agains : approved by the Committee as required hereunder or con Guidelines or any other documents promulgated by the Com ers hereby agree to bear the cost and expense to cure any violations according to this opus of the substantial cost, time or loss of business Lass <— te, and the Committee shall have no obligation fo check for errors in or omissions eck for such plans' compliance with the general provisions of this Declaration, esor the common law, whether the same relate to Lot lines, building lines, easements or City ga : Builder Plans. Notwithstanding anything to the contrary contained herein, once a particular set of plans and specifications for a Residence to be constructed in the Development submitted by a Builder has been approved by the Committee or deemed approved, such Builder may construct Residences in the Development on any Lot in accordance with such plans and specifications without the necessity of obtaining subsequent approvals therefor, so long as there are no major material changes in the plans and specifications and the Committee approves of the location of the Residences to be constructed using such plans and specifications to prevent unnecessary duplication thereof within the Development.
23 6.06 Design Guidelines. The Committee has the right to issue and amend Design Guidelines from
using such plans and specifications to prevent unnecessary duplication thereof within the Development.
23 6.06 Design Guidelines. The Committee has the right to issue and amend Design Guidelines from time to time which may contain the specific provisions applicable to all of the Lots regarding style, basic site design issues, aesthetics of each home, the use of quality exterior finish materials, minimum landscaping plans for the Lots, and other issues concerning building standards, permitted const-uction or modification, and the Committee's operation. The Design Guidelines, together with this Declaration, will be used by the Committee to determine the approval of all plans. The Design Guidelines may be reszonsive to future technological advances or general changes in architectural designs and materials and related conditions. The Design Guidelines may be amended without prior notice to the Owners.
6.07 Pertaining to the Committee. Written notice may be delivered by the Co any agert or contractor with apparent authority to accept same and notice shall be bint actually delivered to Owner. The Committee or its agents or assigns skall have/th¢ obtained] from approval of the plans to commence construcjfgn and ning énths from the commencement date to complete construction.
ARTIC EASEMENTS, ZON RESTRICTIONS 7.01 Easements.
(a) Declara reserves to the Declarant, its successors and assigns in, on, over and under any part of the Property owned by Declarant for any purpose wk 2 sont Sr necessary, including, by way of example, and not limitation, the following: the erection, installation, construction and maintenance of storm-water Zublic or quasi-public facility, service or function; (iii) slope control purposes, including the right to grade and plant slopes and
rection, installation, construction and maintenance of storm-water Zublic or quasi-public facility, service or function; (iii) slope control purposes, including the right to grade and plant slopes and prevent the doing of any activity which might interfere with slopes or which might create erosion or sliding problems or which might change, obstruct or retard drainage flow; and (iv) the planting or re-planting of hedges, shrutbery, bushes, trees, flowers and plants of any nature.
24 (b) An easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles and other service vehicles to enter upon the Common Preperty including, but not limited to, private streets, in the performance of their duties and further, an easement is hereby granted to the Association, its officers, agents, employees, and management personne! to enter the Common Property to render any service.
(8) Each Lot and its Lot Owner are hereby declared to have an easement, and the same is hereby granted to Declarant and the Multi-Family Tract Owner, over all adjoining Lots, the Multi-Family event shall an easement for encroachment be created in favor of a Lot O encroachment occurred due to the willful misconduct of said Lot Owner or Owners.
on any Lot is partially or totally destroyed and then repaired or rebuilt, the that minor encroachments over adjoining Lots shall be permitted a maintenance of said encroachments so long as they shall exist. Ea to shall be deemed to be established upon the recordation of this D¢ (d) ‘In the event that audio and video available to any said Lots by means of an underground cpaxi services and facilities shall have a two foot (2') wide eg or cable when and as installed by said compan on the permanent improvement or Structure cons (e) No Lot O
ts by means of an underground cpaxi services and facilities shall have a two foot (2') wide eg or cable when and as installed by said compan on the permanent improvement or Structure cons (e) No Lot O conveyed by Declarant to the A« intended use for such easeme ight to use any easement retained by the Declarant or er which is inconsistent or which interferes with the 7.02 Easement Apea: "Easement Area" as used herein shall mean those areas on any at all reasorfable mee etter upon all parts of each Easement Area for any of the purposes for which such xis hesocved, without being deemed to have committed a trespass or wrongful act solely by reason and the carrying out of such purposes, provided the same are done in accordance with ions-of tis Section 7.03. The Declarant and its employees, agents, successors and assigns shall be responsible forteaving each Lot in good condition and repair following any work or activity undertaken in an Easement Area pursuant to the provisions of Section 7.01.
7.04 Zoning and Private Restrictions. None of the covenants, restrictions or easements created or imposed by this Declaration shall be construed as permitting any act:on prohibited by the recorded subdivision plat of the Development, applicable zoning laws, or by the laws, rules or regulations of any governmental body, In the event of any conflict between such laws, rules or regulations and the Covenants, 25 Conditions and Restrictions created or imposed by this Declaration, the most restrictive provision shall govern and control. : ARTICLE VIII ENFORCEMENT 8.01 RightofEnforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of and shall be enforceable by (i) the Declarant so long as it is an Owner, (il) the Assggiation, and
htofEnforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of and shall be enforceable by (i) the Declarant so long as it is an Owner, (il) the Assggiation, and (ii) each Owner, his legal representatives, heirs, successors and assigns.
8.02 Right of Abatement.
within thirty (30) days after the mailing of said written notice, th abatement ("Right of Abatement").
(b) The Right of Abatement, as used in through its agents and employees, to enter at all reasonab ed to have committed a trespass or wrongful such entry and such actions are carried out in ti’ the costs thereof including the costs of collection f thereon at the lower of the highest rate permitted by ot after such entry whether arising from or imposed by judgment , mortgage, deed to secure debt, or cther instrument, excepting only fchlase a Loy or Lots (together with any and all Structures which may from time to time be therdon),’or (2) to finance the construction, repair or alteration of Structures.
judicial pro cetlings or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason ofa violation of, or failure to perform any of the obligations provided by, this Declaration; and therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof.
8.04 Collection of Assessments and Enforcement of Lien.
26 (a) If any Assessment, interest, cost or other charge is not paid as required by this
at law or in equity, to enforce the provisions hereof.
8.04 Collection of Assessments and Enforcement of Lien.
26 (a) If any Assessment, interest, cost or other charge is not paid as required by this Declaration, the Association may (i) bring an action at law against the Owner personally obligated to pay the same, (ii) bring an action to foreclose any lien created by this Declaration against the Lot or Lots (or the Multi-Family Tract) subject to the lien (which shall include the right, but nct the obligation, to file a notice of lien against said Lot (or the Multi-Family Tract) in the deed records of Tarrant County, Texas), or both, for the purpose of collecting such Assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys’ fees.
(b) As an additional remedy, but in no way as a limitation on the x Assessment, interest, cost or other charge is not paid as required by this Declaration grants to the Association and its assigns the following irrevocable power of attorney; Owner hereby constitutes and appoints the Association and Owner to make such recitals, and hereby covenants a Association, or its assigns, shall be binding and concl J matter of such sale, and the heirs, executors, ad.
or assigns shall collect the proceeds of such s percent ¢ 15%) of the aperegate amout eys“tees, shall pay any excess to such Owner, or to the heirs or assigns of such Owner as pp d se e power and agency hereby granted are coupled with an interes! and are irrevocable bk degtl apacity, or otherwise and are granted as cumulative to the povided by law.
(c) WA LOT (OR THE MULTI-] EXTENT PERMITTED OWNER, BY ACCEPTANCE OF A DEED CONVEYING A CT) SUBJECT TO THIS DECLARATION, TO THE FULLEST WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE
e povided by law.
(c) WA LOT (OR THE MULTI-] EXTENT PERMITTED OWNER, BY ACCEPTANCE OF A DEED CONVEYING A CT) SUBJECT TO THIS DECLARATION, TO THE FULLEST WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE ANY. WEDY PROVIDED BY THIS DECLARATION, AND EACH OWNER WAIVES O $, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED BE THE C&S8E) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS.
8.05 No Waiver. The failure of the Declarant, the Association, cr the Owner, his or its respective legal representatives, heirs, successors and assigns, to enforce any Restrictions herein contained shall in no 27 event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.
ARTICLE TX DURATION AND AMENDMENT automatically renewed for successive periods of ten (10) years; provided, however, tha said twenty (20) year period and during any ten (10) year renewal period (but only period), this Declaration and the Restrictions contained herein may be terminated by & by the proper Association officers and recorded in the deed records of Tarrapft,Gaq other place of recording as may be appropriate at the time of the execution of ony resolution approving such termination which is approved by a twa hinds vO the Association who are present in person or by proxy and voting q accordance with the provisions of the Bylaws of the Association.
ution approving such termination which is approved by a twa hinds vO the Association who are present in person or by proxy and voting q accordance with the provisions of the Bylaws of the Association.
9.02 Amendments by Declarant. During any petigdq which Dec-arant retains the right to appoint and remove any directors and officers of the Association ant may amend this Declaration by an t Courty, Texas, without the approval vent that such amendment materially alters of any Member or mortgagee; provided, howev or changes any Owner's right to the use and enjo applicable) or of the Common Property as se 1S Crsieasion or if such amendment adversely affects the title to any Lot or the Mulweamjly Trae amendment shall be valid only upon the written consent thereto by a majority in nypfi 3 that such amendment would } vefsely affect the lien status, security and interest of any mortgagee, such amendment s avahid upon the written consent thereto of all such mortgagees so affected. Any amendment made p ant ty this Section 9.02 shall be certiied by Declarant as having been ct, of GaTeas be specified in the amendment itself. Each Owner, by acceptance of a deed or other conveyan deals I such Owne d,the amendment af this Declaration or any other instruments relating to the Developme améndment is necessary to bring any provision hereof or thereofinto compliance or confopftity with the DxeVisions of any applicable governmental statute, rule or regulation or any judicial dete ‘ shall be in conflict therewith, (ii) if such amendment is necessary to enable any ance company to issue title insurance coverage with respect to any Lots or the Multibject to this Declaration, (iti) if such amendment is required by an institutional or
t is necessary to enable any ance company to issue title insurance coverage with respect to any Lots or the Multibject to this Declaration, (iti) if such amendment is required by an institutional or governmental lender, purchaser or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot or the Multi-Family Tract subject to this Declaration, (iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration, or (v) if such amendment is necessary to correct a scrivener's error in the drafting of this Declaration.
28 9.03 Amendments by Association. Amendments to this Declaration, other than those authorized by Section 9.02 hereof, shall be proposed and adopted in the following manner: (a) Notice of the subject matter of the proposed amendment shall be included in the notice of the meeting of the Association at which such proposed amendment is to be considered and shall be delivered to each member of the Association.
(b} At such meeting, a resolution adopting a proposed amendment may be preposed by holding at least two-thirds (2/3) of the total votes in the Association provided, howeg i) that any amendment which materially and adversely affects the lien status, security and intergstT must be approved by such mortgagee, and (it) during any period in which Declarant ya (c) The agreement of the required percentage of the Ga ed by their execution of such amendment, or, in the alternative, and provided that Declara %
) during any period in which Declarant ya (c) The agreement of the required percentage of the Ga ed by their execution of such amendment, or, in the alternative, and provided that Declara % such amendment, the sworn statement of the President and any\WVtee Pregigent or the which of the Association attached to or incorporated in the amendmen € 10.02 Severability.
shall] not affect the validity,e approvals, disefésures or consent of any kind made pursuant to this Declaration, whether made by the Declarant, the Association, the Owner, or any other person, shall be in writing. All such writings shall be sufficient only if deposited in the United States Mail, certified or registered, return receipt requested, w with sufficient postage, and sent to the following addresses: (a) Declarant: Western Rim Investors 2001-3, L.P.
601 Canyon Drive, Suite 101 29 Coppell, Texas 75019-3859 Attention: Marcus D. Hiles with a copy to: David M. Mellina Mellina & Larson, P.C.
777 Main Street, Suite 770 Fort Worth, Texas 76102 (b) Owners: gnce, prepared and recorded 10.06 No Liability. Declarant has, using best efforts and 2 : er to enforce the terms and this Declaration so that each and every Owner shall have provisions of this Declaration against every other Owner.
any reason whatsoever, unenforceable by an Owner (or ar Declarant shall have no liability of any kind as a result SheyclNuten?
by acceptance of a deed conveying a Lot or t ult ey Tract (as applicable}, acknowledges that Declarant shall have no such liability.
40.07 Insurance.
t shall proceed with the filing and adjustment of all claims arising under such insurance ¢ and detailed estimates of the cost of repair or reconstruction of the damaged or
liability.
40.07 Insurance.
t shall proceed with the filing and adjustment of all claims arising under such insurance ¢ and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed ptepérty. Repair or reconstruction, as used in this paragraph, -neans repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty.
Any damage or destruction shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the total Association entitled to vote thereon, and, so long as the Declarant has the right to appoint and remove Directors, the Declarant, otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made 30 Be Baal ONL EM te ban 8 Ge aa ee nee te Yen, » available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed one hundred and twenty (120) days. No Mortgagee shall have the right to participate in the determimation of whether damage or destruction shall be repaired or reconstructed.
If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board shall, without the necessity of a vote of the Association's Members, levy a Special Assessment. Additional Assessments may the funds available from insurance exceed the costs of repair or reconstruction or if the
ut the necessity of a vote of the Association's Members, levy a Special Assessment. Additional Assessments may the funds available from insurance exceed the costs of repair or reconstruction or if the not repaired or reconstructed, such excess shall be deposited for the benefit of the AssoCratyon: In the event that it should be determined by the Association in the m& a ribeti above that the damage or destruction shall not be repaired or reconstructed and ne affg authorized, then in that event the property shall be restored to its na (c) The deductible for any casualty insurance pelisy ca the eveni of damage or destruction, be allocated among Axe perso maintenance of the damaged or destroyed property.
(d) In addition to the coverage des 8 ove, the Association shall obtain such additional amounts and types of insurance as bea pedited yrom time to time, by either the Veterans Administration or Federal Housing Administratio if ssors and assigns, for similar type residential subdivision communities.
ch Officer and Director free and harmless against any and all liability to others on account oa A contract or commitment. Any right to indemnification provided for herein shall not be exclusive oPany other rights to which any Officer or Director, or former Officer or Director, may be entitled.
The Association shall, as a common expense, maintain adequate general liability and Officers’ and Directors’ liability insurance to fund this obligation.
(b) Each Owner shall be liable to the Association for any damage to the Common Property of any type or to any equipment thereon which may be sustained by reason of the negligence of said Owner, his tenants, employees, agents, customers, guests or invitees, to the extent that any such damage
any type or to any equipment thereon which may be sustained by reason of the negligence of said Owner, his tenants, employees, agents, customers, guests or invitees, to the extent that any such damage shall not be covered by insurance. Each Owner does further, by the acceptance of a deed, agree to 31 indemnify each and every other Owner, and to hold harmless each and every other Owner, from any claim of any person for personal injuries or property damage occurring within or upon his Lot or the Multi-Family Tract (as applicable).
10.09 Transfer Fees. Declarant shail be obligated to pay any transfer fees or similar types of fees for any Lot (to the extent that any such fees are charged by the Association and permitted hereunder), but only with respect to a transfer of a Lot by Builder to another party.
ARTICLE XI MORTGAGEE PROVISIONS Development. The provisions of this Article apply to both this DeclaratiorNa notwithstanding any other provisions contained therein.
11.01 Notices of Action. An institutional holder, insure: provides written request to the Association (such request to statf insurer, guarantor and the Residence number, therefore becoming\a timely written notice of: A _— which affects a material portion of the mortgage held, insured, or guaranteed (a) any condemnation loss or any ca Development or which affects any Residence on whic by such eligible holder; &) any delinquency in thepayme Assessments or charges owed by an Owner of a € Association of any default in the performance by an he Declaration or Bylaws of the Association which is not sher Party priority over any rights of the first mortgagee of any Residence in the cases er of insurance proceeds or condemnation awards for losses to or a taking of the
f the Association which is not sher Party priority over any rights of the first mortgagee of any Residence in the cases er of insurance proceeds or condemnation awards for losses to or a taking of the Yotice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any mortgage encumbering such Owner's Residence.
11.04 Amendment by Board. Should the Veterans Administration, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes.
32 11.05 Applicability of Article XJ. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Texas law for any of the acts set out in this Article. | 11.06 Failure of Mortgagee to Respond. Any mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action ifthe Association does not receive a written response from the Mortgagee within thirty (30) days of the date of the Association’s request.
ARTICLE Xi CONDEMNATION 12.01 Condemnation or Other Governmental Taking. Ifall onan Property are taken by any authority having the power of condemnation or emfng a ére conveyed in lieu proceeds made or collected for such taking or sale in li are payable to the Association. The Associaton shall disburse or hold such award or procee: llows: (a) If the taking or sale in lieu they portian of the Common Property on
or such taking or sale in li are payable to the Association. The Associaton shall disburse or hold such award or procee: llows: (a) If the taking or sale in lieu they portian of the Common Property on yin sixty (60) days after such taking, Declarant é Multi-Family Tract), together with at least seventy-five percent (75%) of the Members, g e ise, the Association shall restore or replace the Improvements to the extent practica Astihg Common Property, in accordance with the plans approved by the Association and Dgetfatatt. Awards or proceeds are not sufficient to defray the cost of repair and replacement of the e ich deficiency cannot be appropriated from a reserve fund established for such purpose, : ay levy one or more Special Assessments, in an amount sufficiert to provide funds to pg sxcdgs cost of repair or reconstruction. Ifsuch Improvements are not repaired or restored, the Asseei balfretain the award or proceeds for the benefit of the Association.
(b) b or sale in lieu thereof does not involve any Improvements to the Common Property/9 thereate excess funds remaining after any restoration or replacement of the Improvement As$ociation shall retain the award, proceeds, or excess funds for the benefit of the Association the Donte € other property taken so as to. give just compensation to each. In lieu of seeking judicial apportionment, (i) the Association, (ii) the Owners and their lenders of al! Lots and Residences wholly or partially taken, and (iii) Declarant (as long as Declarant owns at least one (1) Lot and/or the Multi-Family Tract), may mutually agree on the method of apportionment.
12.02 Condemnation of Lots. | 33 (a) If all or any part of a Lot is taken by any authority having the power of condemnation
ct), may mutually agree on the method of apportionment.
12.02 Condemnation of Lots. | 33 (a) If all or any part of a Lot is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof, and the Owner elects not to restore the remainder of the Lot, then the Owner shall promptly remove any remaining Improvements camaged or destroyed by such taking or conveyance and shall leave the Lot in a clean, orderly, safe, and sightly condition. In addition, if the size or configuration of the Lot remaining after such taking or conveyance is insufficient to permit the restoration of the remaining Improvements thereon or therein to their condition prior to such taking or conveyance in compliance with all applicable standards, restrictions, and provisions of this Declaration and all applicable zoning, subdivision, building, and other governmental regulations, then the Quwner, after may deec the remaining portion of the Lot to the Association as a part of the Common Pra (b) If any part of a Lot is taken by any authority having the : (>. tion or eminent domain, or is conveyed in lieu thereof, and the Owner elects to restg emmatider of the Lot, then'the Owner shall restore the remainder of the Lot in nearly as pract cogdition it was in prior to such taking or conveyance and in accordance with allA ¢ ant gi tictions, and provisions of this Declaration and all applicable zoning, subdivisi¢ i and other governmental regulations. The Owner shall commence the restoration within ‘wixty #69) days after the taking or conveyance and shall proceed diligently in a good and w anliks [THE BALANCE OF THIS PAGE H » 34
mental regulations. The Owner shall commence the restoration within ‘wixty #69) days after the taking or conveyance and shall proceed diligently in a good and w anliks [THE BALANCE OF THIS PAGE H » 34 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be duly executed as provided in the acknowledgement set forth hereinafter but to be effective as of the day and year first above written. .
WESTERN RIM INVESTORS 2001-3, L.P., a Texas limited partnership By: Western Rim GenPar 01-3, L.P., a Texas limited partnership By: Western Rim Investmerit Advisors 01-3, LLC, a Texas liniited li By: Name: MW les Title: THE STATE OF TEXAS S COUNTY OF TARRANT te%on the LIST dey of pamdaacs, 2003, by stern Rim Investment Advisors 01-3, ELC, a Texas erof Western Rim GenPar 01-3, L.P., a Texas limited im Investors 2001-3, L.P., a Texas limited partnership, on Maruts Nikos, CeO limited liability company, as partnership, as sole general par behalf of said limited partnersl} 0. L. MIRANDA MY COMMISSION EXPIRES Jaruary 30, 2006 Notary Public in for the State of Texas ik L Mite ut, Notary's Typed or Printed Name My Commission Expires: _sfsofoo oS The Association, by the execution hereof, acknowledges and agrees that the Association is hereby bound by all of the Association's obligations under this Declaration of Covenants, Conditions and Restrictions.
IN WITNESS WHEREOF, the Association, acting through its duly authorized officers, has caused this Declaration to be duly executed as provided in the acknowledgement set forth hereinafter.
By: Name; Title: THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged bdr > Oy as day of gery 2003, by Mort ke , 0 digs at North Richland Hills Homeowners’ Association, Inc., a Texas non-profit corpora Spa Rie manerncacsincinsnnnag
RRANT This instrument was acknowledged bdr > Oy as day of gery 2003, by Mort ke , 0 digs at North Richland Hills Homeowners’ Association, Inc., a Texas non-profit corpora Spa Rie manerncacsincinsnnnag ‘ fi ery, D. . MIRANDA alPt: $ MY COMMISSION EXPIRES = [R HB January 30, 2006 Notary Public in and for the State of Texas ly ded Devin Lb. Mikael Notary's Typed or Printed Name My Commission Expires: / [ a> JOG Mellina & Larson, P.C.
777 Main Street, Suite 770 Fort Worth, Texas 76102 36 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY BEING 2 tract of land situated in the John C. Yates Survey, Abstract No. 1753, City of North Richland Hills, Tarrant County, Texas and being part of that certain 63.099 acre tract of land conveyed to E-Systems, Inc. Pool Trust by deed recorded in Volume 9290, Page 1785, Deed Records, Tarrant CountyA{exas and being more particularly described as follows: BEGINNING at a 4 inch capped iron rod found for corner in the South ROW line of (a 110’ ROW), said iron rod being at the Northwest corner of said E-Systems tract apd Road (60 from the centerline); THENCE: S 89° 51’ 53” E, along the South ROW line of Mid-Ci E-Systeris tract, a distance of 963.57 feet to a % inch capped iro THENCE: S 06° 37’ 45” W, departing the South ROW lire id- Cities Boulevard and the North line of said E-Systems tract, a distance of 41.12 feet to a % ine on rod found for angle point; Northeasterly ROW line of Da Systems tract; THENCE: S 65° 06’ 53” Southwesterly line of sai corner; Southwestéxly k idt-Systems tract, a distance of 356.42 feet to a % inch capped iron rod set in a curve Jothe lek W line of Stardust Drive (a 60’ ROW), having a central angle of 204° 28’ 16”, a THENCE: Bter¥ said curve to the left and the ROW line of Stardust Drive, an arc distance of 178.44 feet to
rve Jothe lek W line of Stardust Drive (a 60’ ROW), having a central angle of 204° 28’ 16”, a THENCE: Bter¥ said curve to the left and the ROW line of Stardust Drive, an arc distance of 178.44 feet to a4 inch capped iron rod set; THENCE: S 65° 05’ 31” W, along the North ROW line of Stardust Drive, a distance of 58.11 feet toa % inch capped iron rod set at the beginning of a curve to the right, having a central angle of 28° 27’ 29”, a radius of 170.00 feet and a chord bearing S 79° 19’ 15” W, a distance of 33.57 feet; Exhibit "A" — Page 1 of 2 THENCE: along said curve to the nght and the North ROW line of Stardust Drive, an arc distance of 84.44 feet to a % inch capped iron rod set for angle point; THENCE: N 86° 44’ 12” W, along the North ROW line of Stardust Drive, a distance of 131.14 feet toa 4 inch capped iron rod set for corner in the East line of Block B, Northland Shopping Center Addition, recorded in Cabinet A, Slide 1283, Plat Records, Tarrant County, Texas; THENCE: N 03° 15° 00” E, along the East line of said Block B, Northland Shopping Center Addition, a distance of 400.01 feet to a % inch capped iron rod set for corner in the South line of Block orthland Exhibit "A" — Page 2 of 2 EXHIBIT "B" RESTRICTED MULTI-FAMILY AREA That portion of the Multi-Family Tract that is within 100 feet of any Lot, said portion being generally to the east and south of the dashed line on the drawing attached hereto.
ot ee Tay TR ae Exhibit "B" — Page 1 of 1 Ung ال 100 ΤΗΣ ΣΕΓΑΤΕΣ ΑΥ MULTI-FAMILY 4D SEACTIN BACK FROM SOLE-FELY IDY'S EXHIBIT "C" DESCRIPTION OF COMMON PROPERTY Those portions of the Property labeled as "Common Open Space” and depicted by gray shading on the drawing attached hereto.
Exhibit "C" — Page 1 of 1 INST. 0203117527 \450°SSS7- APPT 1145 ARK 897 ॐ
RTY Those portions of the Property labeled as "Common Open Space” and depicted by gray shading on the drawing attached hereto.
Exhibit "C" — Page 1 of 1 INST. 0203117527 \450°SSS7- APPT 1145 ARK 897 ॐ BE IMPLEMENTED ALONG SPEED WITHIN THIS PLANNED STION OF TRAFFIC CALMING E CITY OF NORTH RICHLAND DEPARTMENT.
PEN SPACE LOTS ATED AS AN RAINAGE, UTILITY & A.P.D.US. ESMT.)
NG 5" LX CROSS FO EXEL RI +421 S.Y. OF PAVEMENT REPLACEMENT CALLED 3.043 AC REMAINDER OF E-SYSTEMS INC VOL 9290 PG 1785 ZONED: 1-2 'S.F. OF ROW E ABANDONED) 204°28′11 = 50.00' = 178.44' I=N 65°47'57" W 173 885°05'SI 58.11 STARDUST DR.
MESERCI BLOGK ANTE 20NED: R-7-MFB ZONED: 2 ENTRY GARAGE FRONT ENTRY GARAGE 50' 12243 SK 5 TEE 25 L AL 21 N6°44'12" W 03114 BLOCK & LOCK 55 5' (TYP) 5' (TYP) 5' (TYP) 25 L GAS PIPE LINE BLOCK B ser 13 " S 65°06'53" 1037.66* DART COTTONBELT) RAILROAD 45 12 2,547 35.
PRAIRIE BAN T LANE 475 S.F. OF HOW CARB A SUDE 1283 (TO BE ABANDONED) ZONED: 1-1 BLOCK A 10 34043 J EXISTING 2DNING # 2,309 S ZONEDR 2310.
DUST DRIVE DREAM DUST COURT LI1645 ww BL DAN 25 BL 20 B sd are ROPOSED ZONING LINE YOL 10957 ERST BLDG ESMT G 0112 57 PG 10/ SURVEY, ABSTRACT 24 4,475 3F.
25 ves BL 23 TRS 1 به 21 S 26°17'54" 103.18 E ZONED: 1.8718 AC ZONED: 1 ZONING LIVE 15727 CHERRY GLOP LANE 30.30 ZONED: U AE S 30°01'13" E NORTHLAND SHO SHOPPING CENTER.ADO ADDN VOL 388-131 PG 82 LOT 1 BLOC LOCK A ZONED: C-1 BAL 85.00 f ΤΟΥ ΣΙΓΙΟΣ 1298.77 8 Hu 31 TLE TEK 726.86 ZONED: U 1830 20 EL & ssMORTHLAND SHOPPING CENTER ADDH BASIS OF BEARING SOUTH LINE OF VOL 388-211 PG 003 ZONED: C-1 ORTHLAND SHOPPING CENTER ADDH BLOCK 1 VOL 388-211 PG 003 BLOCK 1 ZONED: 01 50 স 13EXISTING 15 UALITY ESMY
MORTHLAND SHOPPING CENTER ADDH BASIS OF BEARING SOUTH LINE OF VOL 388-211 PG 003 ZONED: C-1 ORTHLAND SHOPPING CENTER ADDH BLOCK 1 VOL 388-211 PG 003 BLOCK 1 ZONED: 01 50 স 13EXISTING 15 UALITY ESMY THERE ARE NO LONG THIS PROPERTY LINE 03 15:00 1340.96 MULTI-FAMILY SITE ZOMING LINE 16.872 AC.
(SEE SITE PLAN FOR MULTI-FAMILY LAYOUT) JEXISTING LONING R-7-F TOEF BL 41 20 8 55.00 35 BLOCK BLOCK B 6,800 5.
10.6714 AC あしえ REMAINDER OF E-SYSTEMS INC VOL 9290 PG 1785 ZONED: U COMMON OPEN SPACE (AP.D.LUS. ESWT.)
NET TRA 7802 DAC ZONEO R 20NED: C+T YEX M EX FX 445.45 TO EAST ROW 40 FROW CENTER LINE 1/XTAR NORTH 20 PROPOSED ZOMING LUBE, CONNOR OPEN SPA APOLS ES 21 OIL PIPE LINE ZONEDC-NN ZONED: B-X-HE IN 300173 171.13 BLOCK 45 EXISTING ZONING R-7-MF 20 BLL DREAM DUST DRAKE برید ZONING LINE ZONING LINE ZONED U ZONED: C-1 193 $330 7478 35.
20 BL 44 ZONEO SY LOME STAR ONS Sans (EXSERCH CORP CORP) 41.12 2.3509 AC ZONED: C-1 10° LET4/271 118.72 EXISTING ZONING 20091 3 20,90.00 RESEWOOD DRIVE EAN DUST DRIVE DREA AWI 12SF.
12 -EX 230 00 BLOCK B -GAS GAS GASH MID-CITIES BLVD.
15 PORTION OF IC EASEMENT TO BE MET NORTH i 12 D 15x15 MSBURY ESN'T.
NORTH ZO.
ARSTRACT NO. 1010 MIET MANA D203 1.7 9204 MELLINA & LARSON PC 777 MAIN ST STE 770 FT WORTH TX 76102 k-w A RW I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 it STROY INDEXED--TARRANT COU ¥ AS SUZANNE HENDERSON COL Y CLERK OF FICIAL RECE TL T Os MELLINA & LARSO RECEIPT NO REGISTER PRINTED DATE TIME 203262148 DR2A 04/04/2003 Lees INSTRUMENT FEECD TIME RECVD a DZOS ILA 2 7 WD © LaLa CK 5009 FOE EF Si 91.00 X gS THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.